Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

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Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

Post by Lotus on Wed Jul 09, 2008 6:42 pm

Email received today from MT/Orange with my initial response:

Subject:
Re: Fair Usage Policy for more reliable broadband services
Date:
Wed, 09 Jul 2008 17:20:28 +0400
From:
Sanjit TEELOCK
To:
Orange
References:
1


Hello,
Thank you for your email.
Would you be kind enough to confirm that the contents below have been
vetted and cleared by both the legal departments of Mauritius Telecom
and Orange (France), with regard to the contractual rights of existing
customers, and the unilateral changing of conditions of use?

Regards,
Sanjit Teelock


Orange wrote:
>
>
>
>
>
> We know that you enjoy surfing and downloading music, movies and
> pictures. But we also know that this can get a little frustrating at
> times, as heavy users on our network can reduce the internet speed at
> your end.
>
> Heavy users download very large files 24 hrs a day, 7 days a week,
> leaving less bandwidth for the rest of you. And we think it’s
> unfair that you should not be getting good speeds when you surf the
> internet because of a very small number of users. To make sure everyone
> is getting the best quality connection speeds from us, we have set up
> monitoring tools to identify those few very heavy users and to manage
> their bandwidth.
>
> That’s why we have introduced the Fair Usage Policy. We know the
> majority of customers usage will always fall well within this policy,
> but this will also help us address any excessive usage, so you always
> get the most reliable broadband services.
>
> How would you qualify as a heavy user? Well, if you continuously
> download large files, then there is a great chance that you are a heavy
> user. For example, if you are an ADSL 512K customer and you download
> over 4,000 music tracks per month or more than 28 movies per month and
> keep on doing this type of download every month, then you would qualify
> as a heavy user. This type of download is a large amount by any normal
> standard of usage. Below is an indicative of FUP thresholds for other
> ADSL packages:
>
> Indicative
> thresholds
> ADSL Home
>
> Downloads/month 128K 512K
>
> No of MP3s 2,000 4,000
>
> OR No of movies 14 28
>
> Click here for more information about the Fair Usage Policy and our new
> Orange ADSL Terms & Conditions.
>
> For any questions, call us free of charge* on 8900 or visit
> www.orange.mu
>
> *from any Orange mobile or MT fixed line
>
>

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Re: Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

Post by fadilnet on Wed Jul 09, 2008 6:56 pm

read media guru: http://themediaguru.blogspot.com/2008/07/fair-usage-policy-for-more-reliable.html

hmm..mo truv zote tou p receive sa mail la.
Business users have not received that, BTW.
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Business users

Post by Lotus on Wed Jul 09, 2008 7:15 pm

fadilnet wrote:read media guru: http://themediaguru.blogspot.com/2008/07/fair-usage-policy-for-more-reliable.html

hmm..mo truv zote tou p receive sa mail la.
Business users have not received that, BTW.

Thank you for the link...I will add my comment there as well.

Business users are not concerned, as they will still have unlimited usage, as per the new Orange FAQ.

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Re: Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

Post by Jevin on Thu Jul 10, 2008 11:12 am

I think it is stated in your original contract that MT/Orange can change the terms of use bla bla at any time during the contract period.
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Original Terms

Post by Lotus on Thu Jul 10, 2008 11:39 am

Jevin wrote:I think it is stated in your original contract that MT/Orange can change the terms of use bla bla at any time during the contract period.

Could be, but then again section 6.3 (Traffic Policy) explicitly mentions ADSL packages that would have a monthly data usage allowance, ie implicitly acknowledging the other unlimited ones.

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Re: Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

Post by Kyu on Thu Jul 10, 2008 12:07 pm

ouais Lotus, mais du moment ki zot ine laisse ca faille la en disant "nou capave change ca banne termes la quand nous envi et sans faire personne conner", okene banne lezotr section la pas immune contre orange's shift in policy. en gros to ti capav retrouv toi ek enn contrat completement different en touts points, li pas ti pou change nanien du point de vue legal afaik...
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Spirit of the law

Post by Lotus on Thu Jul 10, 2008 12:30 pm

Kyu wrote:ouais Lotus, mais du moment ki zot ine laisse ca faille la en disant "nou capave change ca banne termes la quand nous envi et sans faire personne conner", okene banne lezotr section la pas immune contre orange's shift in policy. en gros to ti capav retrouv toi ek enn contrat completement different en touts points, li pas ti pou change nanien du point de vue legal afaik...

Pas necessairement. Banne la meme reconnaite ca avec un section ki dir ki capave ena banne unlawful clauses.

Juste parski zotte fine essaie couvert tou possibilitÚ na pas oulÚ dir ki li legal.

Dans nou cas, nou fine abonnÚ pour ene service unlimited, et nou fine paie extra pou ša. Si zotte rode change terms and conditions pou ša, li capav illegal a cause ca section 6.3.

You cannot abuse a clause allowing you to make "reasonable" changes by making changes that completely change the nature of the original agreement.

Then again, I am not a lawyer, but my gut feeling says that they would be screwed if a class-action suit was brought against them.

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Re: Mauritian ADSL P2P Users: Beware of the new "Fair Usage Policy"....

Post by carrotmadman6 on Thu Jul 10, 2008 5:21 pm

I think Lotus's right in the fact that it "may" be illegal to change the terms without providing for alternatives.
1. They did not reduce the price for the capped connections.
2. There is no unlimited alternative (for home users). Removing the "unlimited" clause seems the strongest point to contest...

But then who'll sue them... Rolling Eyes
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