People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’
Often you see such clauses quoted in support of an argument that a claim for misrepresentation cannot succeed where a contract contains this clause.
But that ain’t necessarily so. In fact, it ain’t even normally so.
Many CSPs are already using a ’Standard Form of Agreement’ but many others don’t … and don’t know what it’s all about.
Some time this month, Minister for Competition Policy and Consumer Affairs Chris Bowen will introduce an ‘unfair contract terms’ Bill into Federal Parliament. Telstra and Optus have both slammed it.
How simple can Parliament make it ? In certain cases, a service provider cannot limit its liability in any way. Not at all. Zip. Zero. Zilch.
How far back can a CSP go in billing charges after the billing period in which they were incurred ?
A surprising number of people, both service providers and consumers, believe that an overdue payment entitles a CSP to suspend or terminate service.
Regular readers will know that T&C clauses that (supposedly) limit CSP liability are very important. If you don’t get them right, you can be exposed to unnecessary legal risk.
It’s surprising how many service providers trip up on basic compliance requirements. We surveyed 36 Aussie CSPs against a simple benchmark. 21 of them failed.
Best Buy Australia Pty Ltd caught our attention when it was 
Loading ...
Recent Comments