call review
I would like to review the initial setup call regarding my internet service. the sales rep stated there are no contracts or commitments with my service and I could cancel service at any time. I've sw...
Forum Discussion
"ETF must be waived as no agreement was made regarding this when the plan was setup not to mention warrantee of merchanability from outages."
PLEASE READ THIS ENTIRE SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HUGHES NETWORK SYSTEMS, LLC (“HUGHES”). BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH HUGHES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
13.1 WARRANTY DISCLAIMER.
HUGHES DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE SERVICE OR THE SUBSCRIBER EQUIPMENT. THE SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUGHES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HUGHES, ITS EMPLOYEES, DEALERS, OR THE LIKE SHALL CREATE A WARRANTY.
Source: http://legal.hughesnet.com/SubAgree-03-16-17.cfm
re: your disclaimer does not apply as there was no agreement to any of the terms in your contract. As I stated, your representative said there are NO contracts regarding this service. Also, just sending an e-mail after the fact with a contract hidden in small print does not constitute an agreement.
BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH HUGHES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Here we are, back to the invalid contract stipulations. Funny how they are in bold caps but the notice was in small print in an e-mail with no requirement to read or digitally sign. Not worth the paper it isn't printed on.
While the HughesNet Subscriber Agreement is binding, and any prospective customer should familiarize themselves with it before using the service, just as they should with any agreement for a product or service, no salesperson should ever make statements that contradict anything in that subscriber agreement. While the salesperson can't list every part of the agreement during the sales call, and this is precisely why a customer should familiarize themselves with it prior to the actual installation and usage of the service, again, the salesperson should NEVER make statements that flat out contradict anything in that agreement, including the commitment.
If that happens, and it's verified in a sales call review, the customer may very well have recourse, and the level of recourse depends on the findings.
