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  #1  
Old 07-04-2012, 03:19 AM
se7en se7en is offline
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Join Date: Jul 2012
Posts: 2
Angry Help: Anyone Have This Problem

I didnt know where to place this so I'm placing it here as a best location.

I moved out of a rental house months and months ago (over a year ago). Xplornet refused to remove the equipment because I wasn't the owner of the house (but was the owner of the account) so they kept charging me. Another couple moved in and continued using the service while they continued billing me up to 1030.00.

Now they are trying to bring me to court for the money even though I had complained up to the highest possible point and given verbal agreement to the company to remove the equipment because their reps apparently dont have a ticketing system or not idea of what a rental is as they never contacted the owner of the property for the permission to remove the equipment.

This is frivolous in every fashionable context, I told the collections agency I will post all related documentation online if they don't retract this charge and will send all documentation to each credit union, however has anyone else experienced this and what have you done?
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  #2  
Old 07-04-2012, 02:47 PM
buttitchi buttitchi is offline
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Join Date: Feb 2008
Posts: 213
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Sounds like a fun clusterfuck.
You probably have documented all your attempts to get Xplornet to cancel the service and remove it, but they maybe put you on ignore, or the support agents you talked too haven't the slightest idea on how people are supposed to cancel the service. Xplornet will try to deny any responsibility due to the support agents actions. Support agents are the face of the company and their actions can be held against Xplornet, otherwise the agent might as well be some bum on the street that you talked too about your Xplornet service.


Xplornet's user agreement page:
http://www.xplornet.com/legal/xplorn...ser-agreement/
In bold quote of needing permission from landlord to install, but no mention of needing permission of landlord to remove(removal would be authorized by renter for the access needed to remove the unit).
Quote:
16. OWNERSHIP AND TITLE: We are the owner of the Rental Equipment and have title to the Rental Equipment. We may require plates or other markings to be affixed or placed on the Equipment indicating that we are the owner. Other trademarks and proprietary marks on the Equipment are and shall remain the property of the manufacturer. You shall not do anything to infringe upon, harm or contest the validity of the aforesaid trademarks or other marks of the manufacturer. We confirm that it is our mutual intention that the Equipment remains personal property even if it is attached to real property and that you are responsible for any damage caused to any real property by the removal of the Equipment from the real property, either by you or us. You will provide us with your landlord's consent to the attachment of the Equipment if necessary.
Xplornet should of canceled the unit at '2 months and a day'(from the last payment) for non-payment and either rectified the issue or removed the unit, instead of doing nothing to ensure the unit was canceled and removed.
Quote:
23. TERMINATION: Either you or we may terminate this Agreement at any time after the initial term upon written notice given to the other party. If you should fail to pay the Fees or to pay any other amount owed to us at the times and in the amounts specified, or otherwise breach these Terms of Service, we may terminate the Services without notice and without any liability whatsoever. Reactivation of the Services may result in a reactivation charge payable by you as established by us. If we are prevented from providing the Services by any law, regulation, requirement, notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Services, you acknowledge and agree that we may immediately cease providing the Services without any liability to you.
The renters were not authorized to use the Xplornet connection. The new renters are responsible for any charges for using that service without any authorization(they would probably claim being ignorant of non-authorized use, therefore avoiding paying anyone). Authorization would of been some detail in their renter agreement(still not valid to use since you were the authorized client of Xplornet). Internet is different from the standard "Hey look, free cable TV".
Quote:
24. ASSIGNMENT: You have no right to sell, transfer, assign or sublease the Rental Equipment or this Agreement. We may sell, assign or transfer this Agreement or the rights in the Rental Equipment. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now. You agree that the rights of the new owner will not be subject to any claim, defense or setoff that you may have against us.

Link to consumer protection section.
http://www.xplornetsucks.com/forumss...isplay.php?f=7

One important link:
http://www.ccts-cprst.ca/


One last thing: Make sure that the collections agency has an actual license to do business in your province. There are many rules on how collections agencies can do business.

Last edited by buttitchi : 07-04-2012 at 08:06 PM.
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  #3  
Old 07-05-2012, 12:10 AM
se7en se7en is offline
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Join Date: Jul 2012
Posts: 2
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Thank you very much, it helped with the response from their collections department talking to me as if I'm a non-intellectual P.O.S in documented email.

This company is and has been the worst provider I have ever seen in my life. And I work in Telecom, including International countries on occasion. Just... wow.

He told me to "learn how to read a contract", I suppose it may be them which should learn to read their own TOS then.

Again, Thank You kind sir,
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  #4  
Old 07-06-2012, 10:52 PM
dave_ca dave_ca is offline
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Join Date: Feb 2008
Posts: 301
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Surprisingly they are not quite as bad as some other large, well known national vendors As long as you documented everything your gold.
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