dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
4914
share rss forum feed

ErikRP

join:2004-11-06
Winnipeg, MB
Reviews:
·Shaw
reply to perturbed

Re: 30 Day notice? Corrupt Practices.

"Ignorance of the law is not a deference (sic)." So I'm assuming you're saying that Shaw's legal team don't have a clue about how to draft binding agreements?

Either sue Shaw or move on with or without them. Your argument has already been made in court and the courts disagree with you.



perturbed

@telus.net

said by ErikRP:

"Ignorance of the law is not a deference (sic)." So I'm assuming you're saying that Shaw's legal team don't have a clue about how to draft binding agreements?

Either sue Shaw or move on with or without them. Your argument has already been made in court and the courts disagree with you.

"Your argument has already been made in court and the courts disagree with you."

I apologize your honor, I don't wish to be held in Contempt. lol To funny.

Im sure Shaws legal team is well educated, however this does not mean just because they are smart gives them the right to walk out because they say so.

In your opinion, it sounds like a service agreement is just as or more powerful than a notarized contract.

stolen

join:2004-04-12
Calgary, AB
kudos:2
reply to perturbed

You agreed to it by simply using the service:
»www.shaw.ca/Terms-of-Use/#section2

By using any of Shaw's services*, including its cable, Internet and/or digital phone services and any related services (collectively or individually, the "Services") provided by any of Shaw Cablesystems G.P., Shaw Telecom G.P. or its or their partners and/or associates (collectively, "Shaw"), you agree to the following terms and conditions of service (the "Terms of Service")
And then a couple of sections down under "customer initiated termination":
You may terminate the Services for any reason at any time by providing Shaw no less than 30 days advance notice of your desire to terminate. Applicable Service charges continue to apply until the later of (1) the end of the notice period, or (2) such time as the Services are no longer accessible.
You agree that if the Services are terminated for any reason you will:
pay Shaw in full any amounts due and outstanding for your use of the Services and return the Rental Equipment to Shaw; and
permit Shaw to access the Service Location at a mutually agreed upon time to remove the Rental Equipment and any other equipment or materials provided by Shaw if you fail to return same to Shaw as required under these Terms of Service.
I applaud you if you wish to fight this and look forward to your groundbreaking case that would free us all. (not sarcasm!)


perturbed

@telus.net

said by stolen:

You agreed to it by simply using the service:
»www.shaw.ca/Terms-of-Use/#section2

By using any of Shaw's services*, including its cable, Internet and/or digital phone services and any related services (collectively or individually, the "Services") provided by any of Shaw Cablesystems G.P., Shaw Telecom G.P. or its or their partners and/or associates (collectively, "Shaw"), you agree to the following terms and conditions of service (the "Terms of Service")
And then a couple of sections down under "customer initiated termination":
You may terminate the Services for any reason at any time by providing Shaw no less than 30 days advance notice of your desire to terminate. Applicable Service charges continue to apply until the later of (1) the end of the notice period, or (2) such time as the Services are no longer accessible.
You agree that if the Services are terminated for any reason you will:
pay Shaw in full any amounts due and outstanding for your use of the Services and return the Rental Equipment to Shaw; and
permit Shaw to access the Service Location at a mutually agreed upon time to remove the Rental Equipment and any other equipment or materials provided by Shaw if you fail to return same to Shaw as required under these Terms of Service.
I applaud you if you wish to fight this and look forward to your groundbreaking case that would free us all. (not sarcasm!)

Going to court as an individual is pointless, not everybody has the time to squabble over a couple of hundred bucks.

Is a TOS legally binding? I have my opinion. The bulk of the TOS is already written out in the law in general. Pay your bill dont use the service in an illegal fashion etc etc... The other stuff is well made paragraphs. Is it legally binding like a real contract. I know shaw isn't the first kid on the block. Can they raise there rates? SURE. Can they incur hidden costs? SURE. But don't say a TOS is like a notarized contract. its appalling.

stolen

join:2004-04-12
Calgary, AB
kudos:2

While it may be appalling, doesn't mean it isn't as binding. (IANAL, I have no idea if a TOS is as binding as a notarized contract).



perturbed

@telus.net
reply to perturbed

Well I came here to say what I wanted. Once again, this thread isn't to bash "Shaw" (hereinafter CO) lol But it is to let other people know that there are now new "hidden charges", and hope it helps someone. As well, there are OTHERS who follow this practice not just CO.

Its not right to change things on costumers without proper notice. Someones definition on "notice" may vary.



dillyhammer
START me up
Premium
join:2010-01-09
Scarborough, ON
kudos:10
Reviews:
·WIND Mobile
·Start Communicat..
reply to ErikRP

said by ErikRP:

said by dillyhammer:

Wrong.

Basic contract law is exactly the opposite of what you are stating.

The onus is on the enforcing party to prove the other explicitly agreed to the terms, and that the terms at the time of agreement were 100% quantifiable.

Without that, there is no contract.

Mike

Nonsense. Otherwise every utility, for example, would have to get explicit agreement from customers that they agree to a rate increase. Instead a customer can either accept the rate or not use the service.

Courts have ruled that paying a bill in whole or in part is proof of acceptance of the terms.

For example: »zvulony.ca/2010/articles/interne···nts-law/

Nonsense.

That ruling was given only because there was in fact a written contract signed by both parties and one of the terms in that written agreement was that Rogers could amend the agreement by posting the amendments on their website. I didn't see anything about a leave to appeal on that one either, and that ruling was 10 years ago. Consumer laws in Ontario now preclude many of the provisions that the SCO let slide in that one.

Nice try though.

Mike
--
Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
Make The Switch - »openmedia.ca/switch