  cdru Go Colts Premium,MVM join:2003-05-14 Fort Wayne, IN
| reply to Bit Re: Don't like the terms, don't sign the contract
said by Bit :The grounds for suing over the ETF is that if Clearwire provides only sub-standard service then they aren't living up to their end of the deal...Clearwire, with an unusuable product is in breech of contract, voiding it. If you reread my first sentence, I said aside from Clearwire not fullfilling the terms of the contract and crappy service. I agree that if they can't provide the service then there is a problem.
I did not read all 77 pages of the complaint. I have better things to do. But I did skim a few pages. That, plus Karl's summary mention one of the things that they were complaining about was that the contract wasn't being voided when people were moving to a non-covered area. To me, that isn't a reason that the provider legally should have to void the contract over. If they want to, great. But not legally forced to do. |
|
  Bit Premium join:2009-02-19 00000
·VOIPo
·Cox HSI
| I would agree. If they're moving, that is not Clearwire's fault and they should get the ETF. The only justification for Clearwire not getting the ETF is if Clearwire didn't live up to their end of the deal to provide decent service or obviously if the ETF wasn't in the agreement the subscribers agreed to (but I can't see that being possible).
If they're able to get out of the ETF for simply moving, what's next, building leases don't matter? "Hey I had to move". |
|
  Brownstripe Cust
@microsoft.com | If Clearwire provided good service, they wouldn't need ETFs. ETFs are there to screw the customer and protect companies which can't or don't fullfil their end of the contract. It's a race to the bottom in customer service these days. |
|
  Bit Premium join:2009-02-19 00000
·VOIPo
·Cox HSI
1 edit | Not necessarily. Installation, equipment and setup can be expensive so the ETF insures the company recoups those costs in the even the customer cancels before those costs can be recouped through the ongoing monthly fee.
Even the best companies have churn. |
|
  odnc Premium join:2002-02-04 Richmond, VA | Then should not the ETF be prorated?
What installation and set up costs did ClearWire absorb?
Perhaps the modem? That is always returnable. |
|
  Bit Premium join:2009-02-19 00000
·VOIPo
·Cox HSI
| The used modem isn't worth as much as a new modem and there is the cost of setting up the account and coming out for the install.
Again, anyone who doesn't think the ETF is fair, shouldn't have signed the contract. Now if the service sucked, that is a different matter..then it's a case of Clearwire not delivering their end of the deal. |
|