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New T&C email....received this morning

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New T&C email....received this morning

Just been reading through the new terms and conditions and want to know...

What exactly are Plusnet regarding as unacceptable usage per month?

Is it 100Gb,150,200HuhHuh

Unless I missed it,I can't see what they are classing as unacceptable usage.

If they are saying that over a certain figure is going to be classed as unacceptable then surely this figure must be stated somewhere!!

And what the hell is that part about instant termination if you do not abide by the regulations.

Seems to me that +net are hellbent on trying to lose as many customers as possible and just keep the 10GB month crew
16 REPLIES
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New T&C email....received this morning

Hmm, as far as I've heard it's 100gb on 21.99, and goes up to 150gb on the 31.99 package (and so on).

PS: I still haven't got my email O.o
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New T&C email....received this morning

Quote
6.1.1 The Broadband Internet access component of your account is based on a contended service. This policy contains guidelines on how you can use this Service. We manage our network using prioritisation techniques to ensure that during busy periods time sensitive applications such as VoIP, email, gaming and web browsing are given priority over bandwidth intensive, non-time-sensitive applications such as Peer-to-Peer (P2P) file sharing. Traffic shaping is used to a greater or lesser extent on all our Broadband Services. The effects of this should be virtually un-noticeable to Business customers and should only result in a small percentage reduction in peak-time throughput for Premier customers. You can find more information on contention and how we manage our network here.

6.1.2 These guidelines are to give you a clear expectation as to what constitutes fair and reasonable account usage. You are bound by these guidelines we impose on you, as a user of the Service, in order that we can operate a reliable service for our customers.


The highlighted phrase is completly and utterly false. In fact, both the T&Cs and the link provided by the final 'here' in 6.1.1 (http://www.plus.net/support/features/contention_guide.shtml) contains NO information about "fair and reasonable" account usage!

I've been told by CS before that 'peak' time is 4pm till midnight, and the acceptable use is not constant downloading between these times. I cant see that anywere, and anyway that definition of fair use certainly ins't giving me a "clear expectation as to what constitutes fair and reasonable account usage".

Or is there a clearer definition that I've just missed?
Ben_Brown
Grafter
Posts: 2,839
Registered: 13-06-2007

New T&C email....received this morning

The link in section 6.1.1 (http://www.plus.net/support/features/contention_guide.shtml) explains contention, and the various different contention ratios for each of our products.

If customers are consistantly using their connections outside of these designed contention ratios then they will cause problems for other users, so we will contact them.

As contention is more of a problem at busy times, we are not worried about people downloading large amounts of data at times when the network is quiet, which is currently between midnight and 4pm, however as usage patterns change this time may also change.
Community Gaffer
Community Gaffer
Posts: 12,799
Thanks: 630
Fixes: 62
Registered: 04-04-2007

New T&C email....received this morning

Quote
Hmm, as far as I've heard it's 100gb on 21.99, and goes up to 150gb on the 31.99 package (and so on).

PS: I still haven't got my email O.o


Hi there,

They'll all have arrived by September 2nd.

Kind Regards,

Bob Pullen
Plusnet Products Team
If I've been helpful then please give thanks ⤵

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New T&C email....received this morning

Quote

Hi there,

They'll all have arrived by September 2nd.

Kind Regards,


Howdy, so does that mean these T&C's wont actually come into action untill 14 days after the 2nd? (I'm not too fussed, just it would be nice to know).
Community Veteran
Posts: 14,469
Registered: 30-07-2007

New T&C email....received this morning

The email states the new T&C come into effect on 16th Sept. If you don't accept them and want to move to another ISP you have to have requested your MAC code (migration authorisation code) before that date.
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New T&C email....received this morning

Ah, thanks.

I'm not too fussed about them really, as far as I am aware there isn't anything different from what we already know, it's just to shut people up complaining about the p2p and things like that, I hope I'm correct ;-)
bj
Grafter
Posts: 68
Registered: 08-08-2007

New T&C email....received this morning

Depends what product you are on. Broadband Plus could be getting a 30 minute idle timeout. If no activity for 30 minutes your connection will be disconnected and you'll need to log in again. See my separate thread "Idle timeouts" on this if it is an issue for you.
Ben_Brown
Grafter
Posts: 2,839
Registered: 13-06-2007

New T&C email....received this morning

You don't need to wait for the email, the T&C's are already on the site at http://portal.plus.net/info2/legal/index.html.
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New T&C email....received this morning

daz2712 see my post here for further information.
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New T&C email....received this morning

Ben,

Your reply to my message completly misses the point - the T&Cs say "These guidelines are to give you a clear expectation as to what constitutes fair and reasonable account usage", but they don't in the slightest!

The only infomation given in those guidelines is the contention. So at 2mbit the max monthly throughput is 633GB, which at 30:1 means the 'reasonable usage' figure is 21GB (I think my maths is right). PN have implied (yet not specifically stated) on numerous occasions that the actual figure is roughly 100GB yet can change (by an unspecified amount) to reflect the status of the network.

Which means Plusnet have effectivly got it's customers grabbed by the balls; based on those new T&Cs, anyone who uses over 21GB/month could (if PN wanted to) be classed as abusing the service! Now I doubt even PN will be stupid enough to set a 20GB cap, however I'm concerned that the 'roughly 100GB' figure will gradually decrease over the comming months until PN finds the most profitable balance between cap size and cusomer base.

To clarify my main point again, the T&Cs do not give a "clear expectation as to what constitutes fair and reasonable account usage". Either this phrase should be removed, or a "clear expectation" should be defined.
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New T&C email....received this morning

This is what the OFT has to say:

Unfair terms in contracts - what is an unfair term?
An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you.

Test of fairness
A term is unfair if:

contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.
'Good faith' means that traders must deal fairly and openly with you.

Although standard terms may be drafted to protect commercial needs, they must also take account of the your interests and rights by going no further than is necessary to protect those legitimate commercial interests.

The plain language requirement
According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put you at a disadvantage because you are not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.
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New T&C email....received this morning

Do you honestly think that you can start terminating contracts and throwing your weight around when it is not stated anywhere what the actual limits are.

Until it is writing and everyone can see them then it's just at your discretion...and the way +net have been behaving lately (threatening to terminate contract for posting negative comments) then I fear for everyone!!

If someone was to be terminated from their contract and then decided to take +net on,eg. in a small claims court,then I can't see that you have a leg to stand on.

You can't tell everyone that they have to abide by a limit and then not state what the limit is!!!!!!!!
mike001
Grafter
Posts: 393
Registered: 30-07-2007

New T&C email....received this morning

Quote
Ben,



Which means Plusnet have effectivly got it's customers grabbed by the balls; based on those new T&Cs, anyone who uses over 21GB/month could (if PN wanted to) be classed as abusing the service!



I must admit this to me does sound like this could be used to remove a user from the +nets ADSL network if and when they need to.