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Breach of contract?

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Breach of contract?

When I first took out my contract I read the fair usage policy and it was 30gb on peak and 150gb off peak.

When did it change to 20gb p2p traffic? I was not notified of this change in my contract, and I believe there should be a significant reduction in my subscription for such a negative change.

In fact your advertised fair useage policy still does not mention this limit:

http://www.plus.net/support/broadband/network/sustainable_usage_guide.shtml

Can you please adhere to the contract information that you provide on your website. I am not a legal expert, but I believe such actions are illegal, and certainly fall into the remit of anti-competitive practices, false advertising etc.

Looks like I need to search for another ISP!
15 REPLIES
Community Veteran
Posts: 14,469
Registered: 30-07-2007

Breach of contract?

There are now 2 management policies in place:

SUP - 30GB peak, 100GB (it has never been 150GB) off-peak (This is for BB premier upto 2Mbs, the u[pto 4Mbs & upto 8Mbs have differet limits). Peak time for this is 4pm -> midnight.

Traffic shaping: This applies to P2P/Usenet/FTP traffic only and has a 20GB peak allowance. Peak time for this is curently 8am -> midnight but should change to match SUP in a month or so once the management is fully automated. There is a link to this policy at the bottom of the link you posted - How PlusNet Guarantees Quality Broadband

Anything counted in traffic management is also counted in SUP.

This is also not a change of contract but a clarification of the management that the T&C allow PlusNet to do on any account.

There have been loads of threads on this issue over the past 2 months - a quick search would have found the above answers.
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Breach of contract?

Hi peeps

i raised a ticket and i was told the clean usage and sup should be inplemented this month , this is the reply on my ticket

Actioned : Dear Mr simmonds,
As per our Vision update, we are intending for this to be put in place during the current month.

Regards,
xxxxxxxxxxxxx
Community Veteran
Posts: 14,469
Registered: 30-07-2007

Breach of contract?

You have been running under both policies since 6th Dec so I have no idea why CS told you it would be from this month.
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Breach of contract?

hi

i think what i just said might have been misleading,what i was told was that the peak times should be brought together so we will only have a peak time from 4 pm till midnight instead of 8am till midnight and it should happen this month

soz for the confusion
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Breach of contract?

This is so odd, I remeber making a post about this kind of thing like two months ago about CONTACTING all the PN users and informing them of the changes, yet, the idea was closed due to the fact it "would not effect" many people... yet over the last month more and more first / second time posters have poped up asking about it.. so surly it would not harm PN (well it would cos everyone would see how crap it is) to email everyone informing them of these changes.
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Breach of contract?

Dont be silly PN telling us what going on we find out hte hard way lol :lol:
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Breach of contract?

Quote
There have been loads of threads on this issue over the past 2 months - a quick search would have found the above answers.


Just a query then, how many customers does plusnet have? Your first page implies that less than 1% of customer will be effected by this policy. Yet you state their have been loads of threds on this in the last 2 months. This does suggest a strong possibility that the Plus net advertising is false.
Superuser
Superuser
Posts: 2,484
Thanks: 190
Fixes: 5
Registered: 06-04-2007

Breach of contract?

tesmond:
Peter doesn't work for PlusNet. All the PlusNet reps that post here have the PlusNet logo as their avatar. I think PlusNet have around 180,000 customers from memory.

Phil
JonathanW
Grafter
Posts: 2,648
Registered: 02-10-2007

Breach of contract?

At the end of 2005 we had 176,000 broadband customers, as per the information available here
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Breach of contract?

Thank you for the information. I will not be renewing my internet provision with PlusNet due to the usage policies. 30gb off and 100gb on seemed perfectly adequate for me. However now that I have been told this is in reality 20gb any time then I will need to seek another provider. Hiding these usage limits on another page does appear to me to be a fairly devious action.

The other thred suggesting that the calculation of use is inaccurate is certainly interesting. Re-calculating my usage has lead me to believe this is the case, I suspect my router logs may prove this. I am actually surprised I hit 20gb, and if your calculation mechanism is inaccurate then this policy appears to be even more devious. Even if the calculation mechanism is perfectly accurate then I will still be leaving PlusNet.
JonathanW
Grafter
Posts: 2,648
Registered: 02-10-2007

Breach of contract?

The overall usage on a Premier account is governed by the SUP which states that on a £21.99 package you can transfer 100GB in total before we give you a warning.

The 20GB figure that you're refering to is part of the Clean To traffic management which is in place so that the first 20GB of p2p/ftp/nntp traffic that you transfer during peak times will be as fast as possible before you start to see slowdowns. This has no impact on your web browsing, or the use of these three protocols outside of peak hours.

The calcuation of this usage, as far as the actual management is done, is taken straight from the data stored on our back end servers. This information is recorded directly from your connection as and when you transfer data over it, and stored there so that we can do things such as traffic management and the sustainable usage policy. This data is also used for VMBU, so that you as a customer have a tool to keep an eye on your usage.
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Breach of contract?

The peak hours for P2P are 16 hours a day. I am paying £21.99 for a 1 mb line that is now 512k. A 512k unlimited connection from numerous providers is £14.99. I am paying 47% extra for slightly increased web speed, and if I were to stray into the higher tiers I would be paying 47% more for a lot less bandwidth.

Quite simply this is unacceptable to me, which is why I am switching. I believe PlusNet's advertising when I purchased this product did not make these problems clear.
JonathanW
Grafter
Posts: 2,648
Registered: 02-10-2007

Breach of contract?

Currently, peak does cover 16 hours of the day, though this is something that we're going to be reducing this in March so that it's only 8 hours.

This is something that has only been put into place recently, and so wouldn't have been described during the signup process when you joined us. However, this has since been put in place for all new customers to read if they wish.

The advertising for the Premier package lists it as a contended package, and the traffic management we have in place is part of the AUP that you accepted when you signed up with ourselves.
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Breach of contract?

Quote
The advertising for the Premier package lists it as a contended package, and the traffic management we have in place is part of the AUP that you accepted when you signed up with ourselves.


I read the AUP, which in subsection 6.1.1 (about 30 pages worth into the document) gives a link to what contention is. At the bottom of this there are 2 links. One is about your Sustainable Usage POLICY guide, which I read. The second is How PlusNet Guarantees Quality Broadband (which has no indication that it is a 'policy' ).

If you are lucky enough to click on this then you would read the following information, and then select the drop down at the bottom of this screen, before you would have actually seen any information.

As far as I am concerned this is hidden information, and trying to claim that a a small section of text which require 3 explicit user interactions to get to, and at no point indicates is POLICY, or is even a subsection of your Sustainable Usage Policy is HIDDEN.

For your policy to not be HIDDEN at best it would require all of the contention and throttling information to be on the AUP, or at least in a minimal sense direct links indicating all of the ENFORCED POLICY in the same area.

I am certain that you would have to concede that spliting your AUP across 3 different areas one of which is not marked as POLICY obfiscates the situation more than a reputable firm that puts all of its contention information on the same page! I am certain a politician would have difficulty arguing otherwise, but you are welcome to amuse me with your response.

Trying to cover yourself is not fooling any of your disgruntled customers. I will certainly be advising all people I know of your rather devious hidden policies.