Getting out of my ISP contract

[Ranmas]

What is the name of your state (only U.S. law)? Indiana

I signed a 2 year contract for service with my ISP on June 9, 2009. At the time, they were the only ISP I could get service from. In the last 9 months I can now get better service from a new ISP and I would like to get out of the contract with my current ISP. The part of my contract that explains termination reads as follows:

"This Agreement commences upon activation of service by the Company and remains in effect for 24 MONTH periods, or until terminated as herein provided. Subscriber may terminate this Agreement by sending notice to Company 30 days prior to the Agreement anniversary."

It goes on to say:

"Subscriber my terminate at any other time with 30 day prior written notice subject to a termination charge of $150 plus any unpaid installation charges and service charges."

To me it sounds like I could provide 30 days written notice by May 9th, 2010 and not be required to pay the termination charge or service charges. In this case does "the Agreement anniversary" refer to 1 year from its signing, or the end of the contract duration (2 years)?

Thanks in advance!

 

[racer72]

"In this case does "the Agreement anniversary" refer to 1 year from its signing, or the end of the contract duration (2 years)?

When you called your ISP and asked, what were you told?

 

[tranquility]

While poorly worded, I bet the anniversary will be considered the two year time frame. However, you'd have to read the contract as a whole to find out what is being meant and not just the relevant portion.

 

[Ranmas]

When you called your ISP and asked, what were you told?

I haven't talked to my ISP about it yet. I wanted to get some other opinions before I contacted them.

 

[justalayman]

my opinion is they are considering the anniversary of the contract the end date of the contract. Think of it as a biennial anniversary.

 

[tranquility]

While I agree with justalayman in effect, I also note the OP is correct as to the literal meaning of anniversary.

That's why the contract needs to be read as a whole. If it's clear from how the contract reads that anniversary is contract renewal date, there really isn't an argument. However, if the OPs portion is the sole conceptual reference point for the term, he does have an argument.

 

[Zigner]

While I agree with justalayman in effect, I also note the OP is correct as to the literal meaning of anniversary.

That's why the contract needs to be read as a whole. If it's clear from how the contract reads that anniversary is contract renewal date, there really isn't an argument. However, if the OPs portion is the sole conceptual reference point for the term, he does have an argument.

Negative.
The word "anniversary" refers to the yearly date. Contract is for 24 months. "anniversary" clearly refers to the anniversary occurring 24 months down the road.

 

[tranquility]

The term is poorly worded no matter how forcefully you say differently. I agree with you as to what the ISP company will claim. Without looking at the four corners of the document written by the other party can you say the same.

If they wanted to use the term anniversary date, they could have.

 

[Zigner]

The term is poorly worded no matter how forcefully you say differently. I agree with you as to what the ISP company will claim. Without looking at the four corners of the document written by the other party can you say the same.

If they wanted to use the term anniversary date, they could have.

Fine, let him put his notice in 30 days prior to the upcoming anniversary. Then he can wait the 13 months