I joined OpenWeb less than seven days ago, signing up for the 10Mb Unshaped After Hours package.
The Service has not performed in accordance with my requirements and expectations. I therefore wish to terminate the Service.
I therefore sent OpenWeb a termination notice in accordance with my rights as a natural person acting as a consumer under Section 44 of the Electronic Communications and Transactions Act, 2002.
This provides:
(1) A consumer is entitled to cancel without reason and without penalty any transaction... for the supply---
(b) of services within seven days after the date of the conclusion of the agreement.
(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.
OpenWeb has refused to accept this notice. Its terms and conditions contravene the ECTA, probably contravene the CPA (although I have not yet made that claim) and contravene proper service.
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