Just got an email from Uniti Wireless/ opticomm today 25/07/24.
They said the price will be adjusted from $60 to $75, effective on 01/08/24. I asked for cancellation. They said they require 30 days notice to cancel.
I actually scoffed so hard, 5 days notice on price increase, but I have no choice but pay that rate for at least 25 days pro rata, even if I choose to cancel today, absolutely bonkers.
I haven't looked into AEMC / ACL, but surely they can't legally do this..
What do the terms and conditions in your contract with them state?
It's not a long term contract just month to month. Their policy does mention 30 days notice, but nothing on price increase notice. How is this even legal. So they can just double the price and people are forced to pay?
In this case your friend would be TIO.
How is this even legal
It's not…
Register a formal complaint, then leave (even if you have to pay extra).
If you are unhappy with the complaint outcome (or they take too long), go straight to TIO.
Easy one for the TIO….
1.3 We may need to change the CSA from time to time and will notify you of the change by email (to the last email address that you have given to us); a message on your next bill; or, on our Website. The period of notice depends on the nature of the change:
(a) If the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice; however, we will notify you within a reasonable time after the change.
(b) If the change is required to comply with any law or requirement of any regulatory body, to preserve or safeguard the security or integrity of our infrastructure and network, or as a result of changes imposed on us by other Suppliers, where practicable to do so, we will give you reasonable notice of the changes.
(c) For all other changes, we will give you at least 30 days’ notice.
1.4 If the notice is detrimental to you, you may cancel your Service within 30 days of our notice without penalty, however, you will still be required to pay any Charges that have accrued up to the date of cancellation. If you continue to use the Service after the notice period, you will be taken to have agreed to the change.
Looks like 1.3(c) and 1.4 apply.
Thanks! the one I was reading wasn't as detailed as this. They didn't include anything about 1.4.
does "without penalty" mean in terms of the rate increase too? So that means it is expected that they cannot charge for more for the period until cancellation..
So that means it is expected that they cannot charge for more for the period until cancellation
It means you can cancel your service without penalty during a period of 30 days starting from the date the notice of variation was transmitted to you (which may be by email, by a message on your next bill, or published on Uniti's Website). Should you cancel your Uniti service, you will have to pay the service fee owed at the appliable rate on a pro rata basis, from 1 July until the date of cancellation.
You wrote that you only received 5 days' worth of notice. Sorry, but the dates didn't make sense. The price increase began 1 July and you read about it on 25 July. How is that a 5-day notice? If Uniti followed its own rules then the notice should have been published on 1 June at the latest. Please note that the CSA allows for the notice of variation to be published on Uniti's website, and so the notice period could have started way before your read about it in your email. If Uniti didn't follow its own rules, gave you a 5-day notice instead of 30 days, back-dated the fee increase from 1 July, and did not give you the 30-day no-penalty cancellation period, then they have breached the contract and 7.1(d) comes into operation. Under 7.1(d) you give Uniti 30-day notice to remedy the breach, and failing that you are entitled to cancel your service without liability.
"Penalty" is not defined in their CSA, so it is up to Uniti to interpret its meaning.
However Billing Policy 3.3 states
If you insist that you must downgrade your Service during the term of the contract for your Service, then we may charge you a Cancellation Fee for your Service that you have decided to change
and CSA 7.1(c) states
You can cancel your Service without liability:
(c) before the end of your Contract Term, in accordance with your Application, by paying the specified Cancellation Fee and any related Charges;
so one can reasonably assume "the penalty" is a monetary penalty in the form of 13.1(e) Cancellation Fee (a fee described in the CIS as an ‘Early Termination Charge’ or ‘ETF’ payable by you if you cancel your Service before the end of its fixed Contract Term)
You wrote that you only received 5 days' worth of notice. Sorry, but the dates didn't make sense. The price increase began 1 July and you read about it on 25 July. How is that a 5-day notice?
Increase from 1 Aug.
Someone has pointed out the error and OP has acknowledged it, but hasn't corrected the post.
Did they backdate the increase as well or did you mean to type 1/08/24?
Or is it actually 1/09/24
sorry yes 01/08/24
Weirdest Gym Membership ever. lol
Tell them to eat a D. They'll be backtracking on this pretty quickly once you mention the TIO. The TIO would kick their ass (and it'd cost them more than the $15 increase, once you lodge a complaint to the TIO).
Complained to the TIO about superloops 30 days cancellation and charging. Superloop cancelled the charges
This is where you say you also require 30 days notice for the increase