Spintel unlimited is not unlimited

Discussion in 'Networking, Telephony & Internet' started by Chamelion, Jun 23, 2012.

  1. Davo1111

    Davo1111 Member

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    that didn't answer my question. My question was whether he could provide advertising that used the term "unlimited" with mention of the AUP. That's how he would win this case.
     
  2. kombiman

    kombiman Dis-Member

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    That bold bit there is the whole point. If it is limited then it is not unlimited. Give a rope limit, a number, whatever just give one.
     
  3. s3kemo

    s3kemo Member

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    In theory I agree with you... but this is how companies get attention and then rely on customers not reading fine print (or just going for the word unlimited but not really using it like a true unlimited customer... upselling I suppose you could call it). The other part of me believes that the customer should be responsible for knowing the terms and conditions of the service and not relying on strict dictionary definitions or "taking their word for it", which is why I don't give a shit when mums bitch and moan that their teenage kids have spent thousands with their mobile phones.

    Being honest and marketing never really go hand in hand though... and it's not just ISPs that do it (mobile carriers, home landlines, PC/laptops/tablets, etc).

    I'm on an unlimited plan and I barely touch it. I just didn't like the quota system so moved away from it.

    Also the wording on that clause seems to indicate Spintel don't want to get caught up in torrenting shit.
     
  4. HumbleBum

    HumbleBum Member

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    You could click the link and find out. ;)

    http://www.spin.net.au/products/broadband

    UNLIMITED DATA!! oooh
     
  5. s3kemo

    s3kemo Member

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    i clicked the link cos i'm bored waiting for software to hurry up.

    advertising is clear that it is subject to AUP.

    sidenote: holy moly that's a huge font they use.
     
  6. lennyc

    lennyc Member

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    How far can you go on this unlimited plan? On the old plan he was on it was 500GB.

    :)

    Just as we reserve the right to accept the service or not. We can also discuss the fine print in the contracts offered and pass our judgment on it.

    Are you sure about this point. I control were I spend my money.

    It is true that generally you get what you pay for. It is also true that you should ensure you get what you paid for.

    Since when do ISP get to change the definition of words in the English language?
    Why do you think the ACCC has fined Optus and other ISPs for misleading advertising.

    This is only your assumption at this stage in this discussion.
     
  7. HumbleBum

    HumbleBum Member

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    I wasted 10mins of my life reading the T&C's, there is no valid listed reason for excess Data. If i was OP, I would discuss with the TIO
     
    Last edited: Jun 26, 2012
  8. s3kemo

    s3kemo Member

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    although i'm not caspian, i'll comment anyway :)

    as far as you want up until the point where spintel suspect you're doing something dodgy. I agree - it's a very open-ended set of conditions. If the customer doesn't like it, then they should have read that bit before signing and not signed it. simples. Plenty of other ISPs with varying arrangements for 'unlimited' plans.

    Agreed... but this relies on you reading the AUP. Assuming customer was doing dodgy torrents (no information to the contrary) then the ISP has played by their own rules as far as I can see it. So they did get what they paid for - an unlimited service up until the ISP thinks they are doing something dodgy... which is exactly what the AUP states. If you can prove it wasn't dodgy, then the service should get reconnected. Agreed?

    ISPs can use whatever words they want, as long as they condition it appropriately (subject to ACCC/stupid customer contingent). If they say Unlimited, but don't reference any restrictions in their T&Cs/AUP then sure, they can be called out and punished. Same way they say "super fast broadband" when you're stuck in the sticks and can only sync at 3mbps. They can say that because there are legitimate conditions to the arrangement that may deny you true "super fast broadband".

    I can't remember the particulars of the recent Optus/TPG fines, but there is a point where I agree, marketing is too dodgy and needs to be controlled. I don't think Spintel's marketing is that far in this case though.
     
  9. m0n4g3

    m0n4g3 Member

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    http://www.spin.net.au

    Go to the home adsl options.

    Unlimited, no AUP, no nothing... just plain... unlimited... I asked multiple times as well in the sign up process... nothing was mentioned about having limits... so i used it... downloaded 3tb in one month and 2.5tb the next... got the can :)

    Happy though as they had shit service during the day. I would constantly get 700+ms ping in LoL and diablo 3.

    Moved to iinet and working perfectly fine.
     
  10. Aaron_85

    Aaron_85 Member

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    Probably where they get you. If they've got a shitty pipe to the internet you downloading a lot will affect outher users.
     
  11. lennyc

    lennyc Member

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    How is it possible to read something which is not written? No one so far has specified what the limit is on this unlimited plan. How do I know when to limit my use of the service so as not to exceed the AUP?

    Agreed.

    According to some judges no they can not use whatever words they want.
     
  12. s3kemo

    s3kemo Member

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    That's the problem with this plan for most people - there is no clearly defined number, it's purely at the ISP's discretion. (I suppose, either it's perfectly OK to word the AUP like this, or they haven't been caught and punished yet.) That's why it's so open-ended, and frankly, a plan people should avoid if the plan on using it like a (dictionary-defined) unlimited plan. If you weren't planning on pushing it to the limit but still wanted the warm and fuzzy feeling of having an unlimited plan then perhaps this Spintel plan is perfectly suitable.

    All my point was, was that there's no room for argument if the AUP defines the restrictions and the customer simply doesn't read/understand them... which (in the absence of more info) appears to be the case for this one.

    And rightly so in some cases. I think there's a skill in marketing - bullshit as much as possible, but don't get caught :lol:
     
  13. lennyc

    lennyc Member

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    That's what makes these discussions fun. There is always room for argument. The written word is always open to interpretation. Ask any lawyer. If a lot of customers find it difficult to understand it is probably the fault of the author. The contract is between the company and the customer not lawyer to lawyer.

    I like it when they get caught :lol:
     
  14. OP
    OP
    Chamelion

    Chamelion Member

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    No, I was told directly over the phone it was because we download too much.

    No excess usage charges or throttling. Just straight up disconnection.

    I didn't sign up to an unlimited plan. As I've stated many times I signed up to a 500gb plan. THEY changed me to the unlimited plan. That being said, no correspondence from them ever mentioned that these new 'unlimited' plans were going to be subject to an AUP. The first I heard of it was a few days ago.

    I feel like I'm repeating myself... :Paranoid:
     
  15. OP
    OP
    Chamelion

    Chamelion Member

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    We're churning away anyway... The problem now is that there are no more ports at my exchange. If the churn doesn't go through before Spintel disconnect the service I'll be without ADSL at all.

    Best hope we can argue our way into a small extension.
     
  16. lennyc

    lennyc Member

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    Put in a complaint with the TIO it will cost Spintel money. While the complaint is current they can not take any action on your service. May give you more time to get a new ISP.
     
  17. s3kemo

    s3kemo Member

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    If an AUP didn't exist then there's a problem.

    If a customer didn't understand the T&Cs or wanted clarification, then what's wrong with picking up the phone and calling them? or emailing them? :confused:
     
  18. HumbleBum

    HumbleBum Member

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    That would be the way to go. $200 fee to Spin if the TIO accept. Which they should.
     
  19. caspian

    caspian Member

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    THEY HAVE THE RIGHT TO.

    no, neither can I. you seem to be assuming you've got a bunch of entitlements, which I can't see stated anywhere. you don't get to define the terms of service yourself - the ISP does.

    cool. you don't get a service from them then.

    *if* the TIO accepts the complaint, which is far from guaranteed.

    not even close. $32, and the ISP fires the customer for being a pain in the arse.
     
  20. lennyc

    lennyc Member

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    T&Cs don't come with a 100 page interpretation of them. I have fully understood the T&Cs so why should I ring for clarification. It is only after the company points out that their interpretation of the T&Cs is different to mine that the problem arises. Simple English is the best way to communicate with customers. Don't tell me the service is unlimited if it is not. Don't tell me it costs $29.95 if it does not.
     

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