Re: call review - Hughesnet Community

gordy · ‎10-09-2019

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 switched service due to losses of connection due to weather. I work through the internet and CANNOT have such frequent interruptions. ETF must be waived as no agreement was made regarding this when the plan was setup not to mention warrantee of merchanability from outages.

GabeU · ‎10-10-2019

@gordy

If the sales call was no more than three or four months ago a rep should be able to have the call pulled for review. The review can take up to a week to perform. When they've completed the review they will usually let you know in a reply here, but they normally give the actual results of the review via private message.

The reps are on M-F from approximately 8AM to 5PM EST. They should reply soon. 🙂

Damian · ‎10-10-2019

@gordy,

Thank you for contacting us and welcome to the community. I do apologize for the misinformation you may have received. As Gabe stated, I will review this call and provide results via private message. We can discuss further action with your account after the investigation has been completed. Thank you for your patience in advance.

-Damian

maratsade · ‎10-10-2019

"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

gordy · ‎10-10-2019

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.

maratsade · ‎10-11-2019

BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH HUGHES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

http://legal.hughesnet.com/SubAgree-03-16-17.cfm

gordy · ‎10-11-2019

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.

GabeU · ‎10-12-2019

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.

maratsade · ‎10-12-2019

They are in caps because that's how they're written on the contract. They're written like that on the contract because that's the law.

Best of luck to you.

gordy wrote:
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.

Damian · ‎10-14-2019

@gordy,

Thank you for your patience while this was being investigated. Please refer to your private messages for information regarding the results.

-Damian

gordy · ‎10-14-2019

You have no record? This is no solution. You have not presented anything that constitutes a binding agreement. As I mentioned before, your representative stated there were no commitments verbally at the time the service was setup. There is no cause for an early termination. All I ask is to part ways immediately after I return your equipment before the end of the month.

Damian · ‎10-14-2019

@gordy,

Your initial sales call was over a year ago. This is very far outside of the timeframe in which we store these calls. At this time, the information I have provided in my private message to you has instructions on what to do next. In regards to binding agreements, the legal website that was linked to you on the thread has been publically available since before you signed up with an account. It is recommended to read the Terms and Conditions before signing a contract to avoid this situation. Because we are a paperless company, you are bound to the contract after you verbally agree to the Terms and Conditions on the phone and make your intital payment.

-Damian