cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| Don't like the terms, don't sign the contract
Aside from Clearwire not fullfiling the terms of the contract and crappy service, what grounds are people suing over for the EFT?
If you sign the contract, and YOU chose to move, how is that Clearwire's fault? I'm presuming the EFT is to recoup the price of acquisition, equipment costs, and/or promotional rates. If you leave by your own choice, Clearwire still had those costs that may not have been recouped.
Yes it is nice that other companies void the contract if you move. And apparently that's nice for other companies. But don't bitch and moan that it's unfair that you are stuck with a bill for something you agreed to. |
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Bit
Premium
join:2009-02-19
00000
 ·VOIPo
 ·Cox HSI
| Can't provide the service, then don't sell the service. That logic goes both ways.
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. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| 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. |
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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". |
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Sammer
join:2005-12-22
Canonsburg, PA
| reply to cdru
said by cdru :But don't bitch and moan that it's unfair that you are stuck with a bill for something you agreed to. There wouldn't be so much bitching and moaning if the companies didn't write such one-sided contracts. They tend to reserve the right to change the terms of the contract so why shouldn't consumers also be allowed to. |
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Bit
Premium
join:2009-02-19
00000 | Your choice is not to sign it. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| reply to Sammer
said by Sammer :There wouldn't be so much bitching and moaning if the companies didn't write such one-sided contracts. And yet I've never seen a one-sided contract that didn't require both parties signing/agreeing to it.
They tend to reserve the right to change the terms of the contract so why shouldn't consumers also be allowed to. If they change the terms of the legal contract, you have the right to reject them. Of course if you reject them, you also give up the service. From Clearwires very own Terms of Service (emphasis added):
quote:
1. Agreement Governing Use of Service. The current version of this Agreement (including the Service Plans) can be found at www.clearwire.com/company/legal/terms.htm. Clearwire may change this Agreement or the Service from time to time by sending you an email notification to the email address associated with your account, or announcing the Service changes in the "Service Announcements" section of Clearwire's website: »www.clearwire.com/company/legal/···ents.htm. Such changes will become effective once you have been notified; afterwards, and your continued use of the Service or Equipment will constitute your acceptance of any such changes. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Clearwire within twenty (20) days of the effective date of the modification, and you will not be charged any Early Termination Fee(as described below)...
Cellular service has the same provisions usually any many people have gotten out of contracts they no longer want when a carrier raises fees, even for almost trivial things like directory assistance charges that most people never even use. |
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Sammer
join:2005-12-22
Canonsburg, PA
| said by cdru :If they change the terms of the legal contract, you have the right to reject them. Of course if you reject them, you also give up the service. That's the problem when there is a lack of real competition. I suppose you could give up indoor plumbing and live in a cave but I'm not suggesting you do so. |
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Brownstripe Cust
@microsoft.com | reply to Bit
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. |
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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. |
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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. |
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odnc
Premium
join:2002-02-04
Richmond, VA | reply to Sammer
There would be less bitching and moaning if the service were worth a damn. |
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Bit
Premium
join:2009-02-19
00000
·VOIPo
·Cox HSI
| reply to odnc
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. |
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