Webafrica cancellation within 12 months hidden requirement to repay 'free' installation fee back and no response from manager as promised

URGENT RESPONSE FROM SENIOR MANAGER REQUIRED: Customer number: AWH29 - Cancellation of Contract with effect end August 2018 and complaint on 'Free' Installation Penalty Fee (within 12 months)

TICKET NUMBER: ID: 246388 AND 243843

1. I have requested officially for my ‘month-to-month’ fibre contract to be cancelled with effect from end August 2018 i.e. no debit order or amount should be charged to me after end August. Please confirm in writing that this will be done. I have not received a response to date on this. I did call and email before the end of July (can pull this email if necessary, so have given more than a month’s notice. Please confirm this in writing as I have read stories of people being charged after they cancel.

2. Please confirm when I need to return my router to and by when so as not to be charged for this

3. Installation penalty fees - this is the main part of my complain and to which I have waited almost two weeks to receive the call back from the manager as promised.

The ONLY reason I signed up with Web Africa is because you offered:

• A ‘month-to-month’ contract with no strings attached • Free installation

There were many other providers I would have chosen from, but did not do so because of the above.

When I called to cancel my contract on Monday 30 July, with effect from end August 2018 i.e. so that service and fees terminate in August and nothing is charged in September and going forward I was surprised to be informed by the consultant there is a fee of R1700 if I am cancelling within 12 months. I told the lady this was never communicated to me. The lady put me through to a manager, to whom the query had been escalated. The manager told me not to worry and that she would listen to my call, and if the consultant did not clearly explain this to me, they would look into wavering this charge. Despite numerous follow-ups on my side, I still have not had a call back from this manager, probably because she listened to the call and it was clear that these terms and conditions were not clearly explained to me. I was then sent the below email with a screen shot of the terms and conditions on your website.

This was not clearly visible on the website when I signed my contract (I didn’t sign, I actually only got called by a consultant and this is how the “contract” was opened).

I know my rights as a consumer, and I am prepared and willing to defend them. It is the supplier’s responsibility, as per the South African Consumer Protection Act, No 68 of 2008, which was created to protect the interests of consumers, to both make terms and conditions that are fair, not misleading, and to make sure that the consumer fully understands these before the consumer is bound by them. None of this was done for me. Advertising “free” installation as if it has no strings attached is misleading. Not having these terms and conditions visible clearly where the words “month-to-month” and “free” are advertised is misleading and is false advertising. You are effectively locking consumers into a 12 month contract and penalising them if they cancel within 12 months. This is not a month-to-month contract.

I would appreciate if someone could do the following for me urgently:

• Someone to listen to my call with the consultant who opened my contract in November 2017 • Someone to listen to my call on Monday 30 July with the manager who promised to do the above for me and to get back to me and who did not • Someone to contact me no later than end of today with feedback on my call and confirmation that because I was not fully made aware of these hidden terms and conditions when I opened my contract, the penalty of R1700 is going to be waivered. • Written confirmation that the last bill for me for Webafrica for the month or August has gone off and that all necessary steps to cancel my contract has been fulfilled so that nothing is charged from me from September onwards • When the router needs to be returned and to where so I am not charged for this

I have seen numerous complaints about this issue on hellopeter. I was hoping not to have to go this route but I have still not received any reply so I have had to unfortunately. I will take this further if need be, as there is an Act that supports our consumer rights and I am willing to defend them as I do not feel you have comp****.

Looking forward to hearing from you with regards to all of my points above and to having this resolved urgently.

Right to Fair, Just and Reasonable Terms and Conditions Your right to refuse prohibited transactions, agreements, and terms or conditions Suppliers are not permitted to make a transaction or agreement if the terms and conditions: • Are contrary to this Act; • Mislead or deceive consumers; • Subject the consumers to ********** conduct; • Directly or indirectly deprives consumers of rights in terms of this Act; • Avoid suppliers’ obligations or duties in terms of this Act; • Limit or exempt suppliers of goods or services from liability for any loss, directly or indirectly attributable to the gross negligence of the suppliers or any persons acting for or controlled by the suppliers; • Constitute an assumption of risk or liability by the consumers for a loss; • Impose an obligation on consumers to pay for damage to, or otherwise; • Require the consumers to enter into supplementary agreements; • Falsely express an acknowledgement by the consumers that before the agreement was made, no representations or warranties were made in connection with the agreement by the supplier or a person on behalf of the supplier; or • Require the consumers to forfeit any money to the supplier. Your right to approach the Court to ensure fair and just conduct, terms and Conditions • If consumers are not satisfied with the outcomes of the National Consumer Tribunal’s investigation into alleged unconscionable, unjust or unfair conduct on the part of the suppliers, they may approach the Court for its further consideration of these matters.