On a serious note, did you read all the fine print before you put pen
to paper?
Do you have a copy of what you signed?
In Kenya (sorry to be like this) we have downtimes which are not planned &
communicated. Sometimes they last days, but the ISPs feel nothing. You will
never see any credit note when they bill you after such downtimes.
Hey, I hope you will follow your case to the end though. I suggest you take
on the MD 1-on-1 and see how far you’ll go with the matter. It’s sometimes
a lot easier than engaging the techies/CS reps.
However, I know one thing for sure, if you are not on a dedicated/business
package, you’ll not go very far in your pursuit.
On Tue, 2 Oct 2018 at 14:50, Nelson Kwaje <[email protected]> wrote:
> My problem with the ISP’s FUP is not “Ignorance of the law”.
>
> My issue with them is the lack of clarity in their policy, a document
> which they have not sent to me until now, I only managed find it after
> someone shared it in this forum.
> My second problem is the issue of consent. I don’t have any document which
> states that I have given my explicit or implicit consent to this policy.
>
> I only knew of it after making several calls to the ISP to ask why my
> internet went down for several hours.
>
>
> Regards
> Nelson Kwaje
> Team Lead, Tech and Innovation Unit
> WEB4ALL LTD
> www.web4all.co.ke
> Tel : +254711250795 Skype : nelson kwaje Twitter : @nelsonkwaje
> Building ICT Solutions That Matter
>
>
>
> On Tue, Oct 2, 2018 at 2:25 PM Odhiambo Washington <[email protected]>
> wrote:
>
>> Nelson,
>>
>> All ISPs have FUPs in their clauses. And you are right – no one reads
>> between the lines before signing.
>> The fact that you did not read them doesn’t mean they never existed and
>> as such the ISP will be “right” in their action.
>> Ignorance of law is not a defence, they say? So is ignorance of the FUPs
>> 🙂
>>
>> On Mon, 1 Oct 2018 at 21:33, Nelson Kwaje via kictanet <
>> [email protected]> wrote:
>>
>>>
>>> Hey folks,
>>>
>>> Please see the below exchange between me and my ISP. They did not get
>>> back to me after my reply and the internet was not interred with since
>>> then . Is it legal for ISPs to cut service based on such justifications.
>>>
>>> Cheere
>>> Nelson
>>>
>>>
>>> Dear Mike
>>> Please send me a copy of the “fair use policy”, I hope it contains a
>>> clear definition of the intendned purposes.
>>> Because I don’t recall signing or consenting to such an agreement.
>>> Regards
>>> Nelson
>>>
>>> On Mon, 17 Sep 2018, 16:27 Mike
>>>
>>>> Hello
>>>>
>>>> We note that the link is being over utilized hence the course for slow
>>>> speeds. Something to note is that our various products are governed by a
>>>> fair usage policy that is supposed to ensure that a product is used for its
>>>> intended purpose.
>>>>
>>>> From your today’s usage, we note that you are exhausting the FUP limit
>>>> for the subscribed product: Faiba home 50 Mbps.
>>>> The system is designed to limit your speed for the remainder of the
>>>> peak hours once this threshold is reached. Kindly consider:
>>>>
>>>> i. Upgrading to a higher subscription
>>>> ii. Managing your usage to be within the dimensions of the product.
>>>>
>>>> Kindly see the attached is your average utilization graph and the most
>>>> active protocols showing your usage for the day.
>>>>
>>>>
>>>>
>>>> *Regards,*
>>>>
>>>> *Mike*
>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>
>>
>> —
>> Best regards,
>> Odhiambo WASHINGTON,
>> Nairobi,KE
>> +254 7 3200 0004/+254 7 2274 3223
>> “Oh, the cruft.”
>>
>
