Determinations

TDR Case Note T013462

Background

The Customer was connected to the Provider’s Internet service in May 2013 and experienced connection issues from the start. The Customer notified the provider of these issues multiple times. The Provider sent out technicians who found no fault. The connection issues continued intermittently. The Customer also engaged an electrician who found no fault.

The Provider agreed to terminate the service without penalty in October 2013. Two thirds of the cost of the account was credited (along with other sundry costs) to the Customer as only one third of the data allowance had been used. One third of the cost of the account remained outstanding amounting being $224.41.

The Customer requested the provider to refund all monies paid, as the service paid for was never provided.

Adjudicator’s decision

The Adjudicator held that the Provider made all reasonable efforts to remedy the fault. The terms of the Provider’s service state that the Provider is not responsible for any internal wiring and accepts no responsibility for loss of service due to wiring. The Provider had then allowed the cancellation of the contract when the fault could not be established.

The Customer had not shown that it was reasonable for the provider to refund the full amount, as the Customer had used one third of available data, and therefore seemed to be liable for that cost at least.

Final outcome

The complaint was dismissed.