T
tjl111
Guest
Hello,
I am currently a MSN (Microsoft Network) Internet Subscriber. Meaning I use MSN as my ISP. I am currently under a 3 year contract with MSN. I purchased my computer from Best Buy on July 6, 200o and recieved a $400 discount by agreeing to use MSN as my ISP for the next 36 months paying $21.99 per month (for the dial-up service).
Finaly, here is my conflict. MSN now offers DSL service in my area. They charge $39.99 per month for this service. I am willing to upgrade my service and fullfill my contract for the 36 months and pay the $39.99 per month fee. Inorder to fullfill such a request: MSN expects me to cancel my current contract with them - paying 50% of the $21.95 fee for each month i have left on my contract (which equates to 30 months) meaning they want me to buy out my contract at 30 months x $21.99 per month divided by 2 (50%) = $329.25 total fee to buy out my contrat. Then i am expected to re-subscribe to MSN's DLS service and sign a new contract at the 39.99/month. How is this legal? NO where in the contract does it specify what kind of "unlimited access" MSN service i need to use - meaning does it matter if i use dial-up or DSL????? Especially when you read the agreement below that i had to sign (this is a portion of the agreement):
"Upon acceptance of your application, The Microsoft Network, L.L.C. (MSN) will authorize Best Buy to instantly rebate to you the amount designated above by (which states a box i checked: 3years @ $21.95 per month for a $400) off setting the amount of the rebate against the purchase price of merchandise totaling in excess of the selected rebate amount. To qualify for this rebate: (1) you must sign up for a new unlimited MSN Internet Access account at Best Buy; (2) you must pay for the MSN INternet Access service each month in advance ($21.95) plus applicable taxes; (3) this form and the in-store registration process must be completed fully; (4) you must acknowledge your acceptance of the terms and conditions described in this form and the MSN Membership Agreement which is included with your MSN disk by signing an electronic agreement as part of the MSN/BestBuy registration process; (5) your total purchase must equal to or greater than the instant rebate ammount you choose; (6) your purchase must be made from Best Buy between April 2, 2000 and July 1, 2000.
IF YOU DO NOT CONTINUE AS A SUBSCRIBER TO UNLIMITED MSN INTERNET ACCESS FOR THE PERIOD OF TIME SELECTED ABOVE YOU AGREE THAT YOU WILL PAY MSN A TERMINATION FEE EQUAL TO 70% OF THE MONTHLY SERVICE FEE MUTLIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE TIME PERIOD DESIGNATED ABOVE (THE "REBATE TERMINATION FEE") IMMEDIATELY UPON TERMINATION OR CANCELLATION OF YOUR MSN INTERNET ACCESS ACCOUNT. You may be required to pay MSN a Termination Fee greater than the rebate ammount that you have elected to receive, depending upon when the service is cancelled."
Can I get through a loop hole here if i purchased my compter after 7/1/00 (Sinced my receipt shows i bought my computer on 7/06/00).
Please let me know what i can do? How far can i take this? Is this a case i can obtain a lawyer for no charge? or is a lawyer needed "for hire"?
Thank you for your advice,
TL
I am currently a MSN (Microsoft Network) Internet Subscriber. Meaning I use MSN as my ISP. I am currently under a 3 year contract with MSN. I purchased my computer from Best Buy on July 6, 200o and recieved a $400 discount by agreeing to use MSN as my ISP for the next 36 months paying $21.99 per month (for the dial-up service).
Finaly, here is my conflict. MSN now offers DSL service in my area. They charge $39.99 per month for this service. I am willing to upgrade my service and fullfill my contract for the 36 months and pay the $39.99 per month fee. Inorder to fullfill such a request: MSN expects me to cancel my current contract with them - paying 50% of the $21.95 fee for each month i have left on my contract (which equates to 30 months) meaning they want me to buy out my contract at 30 months x $21.99 per month divided by 2 (50%) = $329.25 total fee to buy out my contrat. Then i am expected to re-subscribe to MSN's DLS service and sign a new contract at the 39.99/month. How is this legal? NO where in the contract does it specify what kind of "unlimited access" MSN service i need to use - meaning does it matter if i use dial-up or DSL????? Especially when you read the agreement below that i had to sign (this is a portion of the agreement):
"Upon acceptance of your application, The Microsoft Network, L.L.C. (MSN) will authorize Best Buy to instantly rebate to you the amount designated above by (which states a box i checked: 3years @ $21.95 per month for a $400) off setting the amount of the rebate against the purchase price of merchandise totaling in excess of the selected rebate amount. To qualify for this rebate: (1) you must sign up for a new unlimited MSN Internet Access account at Best Buy; (2) you must pay for the MSN INternet Access service each month in advance ($21.95) plus applicable taxes; (3) this form and the in-store registration process must be completed fully; (4) you must acknowledge your acceptance of the terms and conditions described in this form and the MSN Membership Agreement which is included with your MSN disk by signing an electronic agreement as part of the MSN/BestBuy registration process; (5) your total purchase must equal to or greater than the instant rebate ammount you choose; (6) your purchase must be made from Best Buy between April 2, 2000 and July 1, 2000.
IF YOU DO NOT CONTINUE AS A SUBSCRIBER TO UNLIMITED MSN INTERNET ACCESS FOR THE PERIOD OF TIME SELECTED ABOVE YOU AGREE THAT YOU WILL PAY MSN A TERMINATION FEE EQUAL TO 70% OF THE MONTHLY SERVICE FEE MUTLIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE TIME PERIOD DESIGNATED ABOVE (THE "REBATE TERMINATION FEE") IMMEDIATELY UPON TERMINATION OR CANCELLATION OF YOUR MSN INTERNET ACCESS ACCOUNT. You may be required to pay MSN a Termination Fee greater than the rebate ammount that you have elected to receive, depending upon when the service is cancelled."
Can I get through a loop hole here if i purchased my compter after 7/1/00 (Sinced my receipt shows i bought my computer on 7/06/00).
Please let me know what i can do? How far can i take this? Is this a case i can obtain a lawyer for no charge? or is a lawyer needed "for hire"?
Thank you for your advice,
TL