Re: Better Business Bureau I've used the BBB a couple times and they were very helpfull - at least for me. They got the company's attention.
Yeah, you have to present a good case, and you have to have good documentation - without which, you're toast.
In this instance, where if it really said in their contracts, that the contract would be null and void if Hughes changed the service, Hughes is toast.
But they're toast anyways, if they unilaterally changed the terms and conditions of the contract. That's basic contract law.
You sign an agreement with Hughes to provide a certain type of internet access, the terms of which are spelled out clearly; so much downstream and upstream bandwidth, with a certain bandwidth cap that cuts in at X MB/day and lasts for a certain specified period.
They come back and unilaterally change the conditions of the contract - lower the cap amount and lengthen the duration of throttled time - then you no longer have a contract.
Where a party to a contract is guilty of serious prospective inability or unwillingness to perform, the other party may make a demand for "adequate assurances of due performance." UCC 2-609 provides: 1) the aggrieved party is permitted to suspend his performance; 2) he is given the right to require adequate assurance; 3) failure to supply adequate assurances may create an anticipatory breach and thus give rise to all of the remedies available for such a repudiation. Some jurisdictions have extended the doctrine to contracts of all types, not just those for the sale of "goods." (See, Hughes has repudiated their contract.
Norcon Power Partners v. Niagara Mohawk Power Corp. 92 N.Y.2d 458, 705 N.E.2d 656 (1998)
Thus, what I would do if I were a Hughes customer, is send them a letter telling them they are in material breach of their contract. I'd give them a certain timeframe (10 days) to re-institute the service I originally agreed to; then after the 10 days had lapsed and if my service hadn't been restored, I'd send them a second letter telling them our contract is null and void because they had failed to perform and that because of their non-performance, the contract therefore cancelled - all because they had failed to live up to the original agreement.
I would also bill them for any amount I had paid since they changed the terms of service (pro-rated on a monthly basis).
Send copies of this to the BBB, the President of Hughes, the AG's office, and maybe some local TV stations. Show these as cc's on the letter to Hughes.
I guarantee (if everything as it was stated) they will fall over themselves to cancel your service and maybe even give you a refund. Companies hate bad PR; they also hate to look foolish in public.
Note: Calling them on the phone is a complete waste of time - you'll never even get close to speaking with someone in authority.
He who hesitates is lost.
| |Matt3All noise, no signal.Premium
Chime In? You'll almost NEVER get a real lawyer to chime in here on any subject. If they do, they aren't a very good lawyer.
Even one of my best friends who is a pretty prominent lawyer around the US makes me sign things when I ask him for advice.
Oh I'm so creative and all my programs are so easy to use ...
Re: Starbands policy
said by bajadudes :How is the speeds and latency on Starband?
Is a 1GB per rolling 7 day average on the $49 per month plan and 3.5GB per rolling 7 day average on the top tier $129 plan (soon to be reduced to $99).
exceed it and you get throttled to dial up speeds until you reach an exit average of 650MB per 7 day rolling average for the $49 plan or an exit average of 2.24GB per 7 day rolling average.
Each day at midnight your average for the past 7 days is calculated.
Seems like a good compromise between HN and WB and it lets you download large files, updates etc.
On WB if you use yours up in a week or two you are screwed the rest of the month
Wildblue Pro Pack / Beam 40 / Laredo NOC / Windows MCE SP2
| |Vtbluesif you can't get out of it, get in to itPremium
Hughes covered themselves pretty well Us hughesNet users pretty much signed a contract which absolves them of any accountability for their actions and left us the users with no rights at all, but it's the way most contracts are written now. I don't like it one bit but try and get service by writing your own clauses to protect yourself and see how far that goes.
copied from Hughes contract......
2.2. MODIFICATION OF THE SERVICE.
HNS may discontinue, add to or revise any or all aspects of the Service in HNS sole discretion, with or without notice, including without limitation access to support services, publications and any other products or services ancillary to the Service. For purposes of illustration and not limitation, HNS may: (a) establish and enforce limitations concerning use of the Service, e.g., the maximum number and/or size of email messages that may be sent from or received by an account on the Service, and the maximum amount of bandwidth that may be used by a single user or a single account; (b) take any action that HNS deems appropriate to prevent and/or delete bulk email; (c) delete old email messages from any account; (d) quarantine or delete messages or content suspected of containing viruses or other malware; (e) refuse to process email or instant messages that fit criteria defined by us; or (f) modify any user setting. In the event that HNS makes any changes to the Service or its availability, HNS may, but is not required to, notify you.
2.3. TERMINATION BY SUBSCRIBER.
In the event that HNS modifies this Agreement, the Service or related pricing or billing terms, you may immediately terminate your account and this Agreement. Subject to your payment of the termination charges herein described, you may also do so at any other time and for any reason on written notice to HNS. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or HNS has acknowledged such termination in writing. In the event you cancel your subscription to the Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a termination fee of up to $300. The exact amount of termination charges which will apply is a function of when your account is terminated and the type of Service Plan you are on. Information on early service termination charges can be found at legal.HughesNet.com, HughesNet Terms and Conditions.
HughesNet/DW 6000/Home Plan/.74 dish/Galaxy 16 (099 °W)1110.0 MHz/Win XP Home SP2/ P4 2.26 Gig 1 Gig of Ram
| |KUppianoKarl Uppiano
Re: Hughes covered themselves pretty well
said by Vtblues:Contracts are a mutual agreement. Hughes has something you want (service), and you have something they want (money). Depending on the relative availability of each, one party or the other gets to call the shots. It's all about supply and demand. If there were other alternatives in your area, you would have more choices and more leverage.
Us hughesNet users pretty much signed a contract which absolves them of any accountability for their actions and left us the users with no rights at all, but it's the way most contracts are written now. I don't like it one bit but try and get service by writing your own clauses to protect yourself and see how far that goes.
copied from Hughes contract......
I think Hughes could handle QOS a little more fluidly, but there are probably technical issues that I am not aware of. Satellite bandwidth is more expensive than terrestrial connections, so some mechanism to share the load fairly is a necessity. Perhaps Hughes has oversold their bandwidth to the point that no one receives acceptable QOS anymore. If that is the case, then their subscribers will begin to dwindle, so perhaps the problem will become self-limiting.
| |tmpchaosRequiescat in paceCo-Lead Mod
(topic offline) Well, I did suggest national FTTH project, but w Moderator Action
This entire topic was removed, either temporarily, or permanently.
stated reason was: Trollfest