For months, many of us here at Lazygamer have been using Telkom’s SmartBroadband Uncapped LTE. For months, its been amazing. We’ve all enjoyed speeds in excess of 30Mb/s (sometimes up to 90Mb/s) with upload speeds of 8Mb/s, allowing us to do things like stream our gameplay.
The best thing about the service weren’t its speeds – which were great – but the fact that it was uncapped. Truly uncapped. We signed on to the service because this is what it promised:
“Uncapped wireless broadband is really uncapped for almost all applications and uses. These include email, browsing, streaming traffic like video, music, YouTube, AppleTV, Box Office, Netflix, VPN, VOIP, real time online gaming, backups and gaming downloads.
For these you will never be capped and throttled. This means consumers will enjoy the full benefit of a truly unlimited experience with Telkom’s LTE Uncapped service. Telkom’s 50GB fair usage policy cap ONLY applies to Bit Torrent traffic via peer to peer and news servers protocols (NNTP).”
And that’s awesome. We don’t pirate things, so we have no need for Bit Torrent or News Servers. Because of what we do though, we do download many games which as you know are often in excess of 50GB a go. Because we also work from home and largely use streaming as our media method, this uncapped package is perfect.
Or at least it was. This month, Telkom changed its Acceptable Usage Policy for the packages – in effect neutering them.
“Please note that Telkom will start to implement the AUP from September 2016,” said Telkom. “Telkom reserves the right to apply restrictions if a customer’s behaviour is deemed to affect the experience of other LTE users on the network.”
Of course, this is perfectly acceptable within the scope of the terms and agreements of the contract. Here’s what the original T’s and C’s say about that:
“Telkom reserves the right to amend this offerings terms and conditions, from time to time. Telkom will give notice to each Consumer of such amendments and will place the amended terms and conditions on Telkom’s website at the following link: http://www.telkom.co.za/today/unlimitedbroadband? which will be deemed incorporated into the Agreement and bind the Consumer from the date that the amendment was listed on the abovementioned site.”
What’s not perfectly acceptable? They’ve imposed pretty strict, blanket throttling. And people are really, really angry – as they have every right to be. If an uncapped LTE user hits 200GB within a month, they’re throttled down to 4Mb/s from the 90Mb/s maximum. Hitting 250GB within that period drops the connection speed down to an unusable 256KB/s for the rest of that month. Those limits were considered hearsay for a while, but we received confirmation of them from Telkom. While Telkom may have informed customers of changes to the AUP, they didn’t specify a blanket threshold.
Worse is that the products were sold on the promise of never capping or throttling regular use. Instead, only bandwidth-intensive protocols such as Bit Torrent or NNTP were meant to be subject to a fair use policy of 50GB a month.
Here’s what they said in the terms and conditions, emphasis mine:
The SmartBroadband Uncapped Wireless service shall be offered at full speeds (no time limit applies) for all traffic types except bandwidth intensive protocols or applications which shall be at full speed between 12am – 6pm if within the 50GB cap. Once a subscriber reaches the 50GB cap the bandwidth intensive protocols or applications shall be throttled to 128kbps speed for the rest of the month. Full Speeds shall resume at the beginning of the next calendar month
The SmartBroadband Uncapped Wireless service will offer uncapped data for all traffic types except bandwidth intensive protocols or applications which shall be capped at 50GB.
Bandwidth intensive protocols or applications are defined as Bit torrent traffic downloaded via Peer to Peer and news servers Protocols (NNTP).”
While some lighter users suggest that even hitting 200GB in a month borders on abuse, I beg to differ. Downloading just two games (which, in this industry is optimistic) means you’ve already used 100GB of the 200GB allotment.
Just an hour of streaming in HD from Netflix can use up to 3GB. Conservatively, with my 5 person household streaming Netflix, using YouTube and streaming music for an hour a day we’d use up the other hundred gigabytes within a few days.
So yes, Telkom’s within its rights to change the terms and conditions, but the way in which they’ve done so has fundamentally changed the product. It is no longer the uncapped, unthrottled service we were sold – not by any stretch of the imagination. No matter which way you slice this, the product available now is very different to the one sold, and consumers are being taken advantage of.
Is there any real recourse? You could probably use the CPA to get out of the contract penalty-free, and it’s worth complaining to ICASA and the ASA about it – but Telkom’s likely legally covered.
Last Updated: September 15, 2016
Ottokie
September 15, 2016 at 12:07
Telscum strikes again.
Gavin Mannion
September 15, 2016 at 12:12
What is the point of a contract existing if they can have a term in the contract that basically says the whole contract means nothing and they can change whatever they want whenever they want.
How is this legal?
Commander Bob
September 15, 2016 at 12:13
Both parties agreed to the terms. Not a nice answer but it is the truth.
Pariah ???
September 15, 2016 at 12:15
The terms agreed to have changed. And so both parties need to agree to the amended changes. That’s basic contract law. But only one party agreed in this case – the consumer not being that one. The law favours the contractee in these cases too.
Basically, it’s sort of legal, sort of not. Depends on how good each party’s lawyer is.
Civ Scrub Bob
September 15, 2016 at 12:18
And I agree with you except that the wording of Telkom’s clause means you/the other party already agrees to the new clause. It sucks. It’s a crap way to do things and it probably means that many people will move to a more honest, possibly more ethical ISP.
VampyreSquirrel
September 15, 2016 at 12:20
Those exist in SA?
Civ Scrub Bob
September 15, 2016 at 12:22
Hehe, probably not but I live with the hope of a better ISP for all 🙂
Marc O Polo
September 16, 2016 at 11:45
Make ISP’s great again!!!
Pariah ???
September 15, 2016 at 12:20
Not if it fundimentally changes the product. Which it has. Contract law states that any ambiguity that causes a dispute immediately favours the contractee. So if this goes to court as a class-action law suit, Telkom will lose. Having a clause that categorically allows them to change any other clause is 100% against contract law.
Civ Scrub Bob
September 15, 2016 at 12:31
And yet clauses like this are included in most ISP’s and mobile provider contracts. If they are contrary to contract law then the companies don’t care because it is seen as an industry norm and they just screw people over.
Pariah ???
September 15, 2016 at 12:32
That is accurate.
The problem is that corporations have vastly more money for lawyers and court battles than individuals do. And hence nothing effectively changes. Despite the illegality of it.
Gr8_Balls_o_Fire
September 16, 2016 at 13:14
The customer agrees to the clause that the contract may change and that he/she will be bound by the new T’s and C’s.
Gavin Mannion
September 15, 2016 at 12:21
But according to that logic Telkom could add a new term stating they no longer offer LTE and you’d be bound by it?
It simply cannot be legal to fundamentally change a product like this in my mind
Milesh Bhana
September 15, 2016 at 13:07
what i find bizarre too is the advertising.
Usually it’s “we give you , T&C’s apply. ”
But the site used far more aggressive wording.
“For these you will NEVER be capped and throttled. This means consumers will enjoy the full benefit of a truly unlimited experience with Telkom’s LTE Uncapped service.”
Raptor Rants
September 15, 2016 at 13:08
Never surely was shorter than I thought. Someone better update the dictionary meaning quickly…. .Ur I mean never.
Milesh Bhana
September 15, 2016 at 13:13
well ‘literally’ no longer means literally.
Alien Emperor Trevor
September 15, 2016 at 13:08
https://cdn.meme.am/instances/61877234.jpg
RinceThis
September 15, 2016 at 13:31
haha
Joe Soap
September 19, 2016 at 15:15
Hellkom didn’t inhale.
RinceThis
September 15, 2016 at 13:04
Well it means you have no recourse but they do!
Commander Bob
September 15, 2016 at 12:12
Well, that is a sh*tty move but it does come from a parastatal. Telkom is fairly useless at everything it does (in my opinion). Failing services from a failing business isn’t surprising.
Spathi
September 15, 2016 at 12:15
Is it a fixed term contract, or month to month? If it is fixed term, I believe they will have problems notwithstanding the clause providing for amendments. You can’t agree to “something” still to be determined in future, and which “something” can be anything.
Ottokie
September 15, 2016 at 12:16
Uncapped is a 24 month contract
Spathi
September 15, 2016 at 12:18
Then according to me Telkom will have problems. They changed a material term unilaterally, which changes to very essence of the product / service.
Gavin Mannion
September 15, 2016 at 12:19
This is my point.. I get small changes etc with fair warning and blah blah blah… but this changes everything., It’s no longer a valid option to keep it for high bandwidth users.
Geoffrey Tim
September 15, 2016 at 12:19
As i said, it’s fundamnetally changed the service.
justlikemo
September 16, 2016 at 11:01
Geoff, please contact me. I am working with the teams internally to try and resolve this issue for you guys. Or send me your details, I will call you.
Regards
Mohammed-Ali
Sirkhot
Specialist (SAN team)
sirkhom1@telkom.co.za
Office: +27 12 648 0260 | Cell:
+2781 763 5088
91 Oak Ave | Centurion
Raptor Rants
September 15, 2016 at 12:21
You know what. No. No no no no.
/rant on
This nonsense that service providers can gain an initial contract on one promise yet change terms and finish it on another is 100% completely unacceptable. I don’t care if they are legally covered. The practice is dodgy and quite frankly underhanded and in exceptionally poor taste.
It’s disgraceful that this is even legally allowed.
Hey you know what. I signed a contract with FNB for a credit card. I believe it’s time that I state I only pay interest if I use more than R1000 a month on it. Anything under that I should never pay interest on.
Wait… What do you mean I can’t? I signed a contract? But… but I signed a contract with Telkom. Why can they change the terms?
Oh wait. I forgot. The consumer isn’t really protected according to the protection act because as long as there is terms and conditions clause the contract provider can do pretty much what they want.
Does Telkom not even realise what this does to their image? Forget the distasteful slap in the face this turnaround is. What do they think this will do to public trust in them? Telkom have come such a long way from where they were and are now putting themselves right back to where they were a few years back.
The fact that they can change a PROMISE WRITTEN DOWN IN BLACK AND WHITE in print and digitally is actually shocking. How is this even allowed in this day and age? There is no way this should be ethically or legally allowed. A solid promise to a customer should remain that. Regardless of the Terms. Downloading games is not abuse. It’s just the way the industry works. You can’t say that it’s suddenly abuse!
If I was Telkom I would do some serious thinking about what it promises vs what it delivers.
Like everything in this country, promises of the world but delivers nowhere close.
SIES!
/rant
Ottokie
September 15, 2016 at 12:23
https://uproxx.files.wordpress.com/2015/06/dinosaur-pet-velociraptor-spills-cereal-2d.gif?w=320&h=248
Ottokie
September 15, 2016 at 12:23
https://img.buzzfeed.com/buzzfeed-static/static/2015-06/17/19/enhanced/webdr01/anigif_enhanced-23516-1434582309-14.gif
Raptor Rants
September 15, 2016 at 12:25
Darn straight!
Alien Emperor Trevor
September 15, 2016 at 13:01
Dude looks a bit like JJ.
??????? ????? ™
September 15, 2016 at 13:03
Brows are too small
Raptor Rants
September 15, 2016 at 13:09
You see the beard? That’s not beard. Those are over-zealous eyebrows
??????? ????? ™
September 15, 2016 at 13:09
“over-zealous eyebrows”
That goes straigh to discord!!!!
Raptor Rants
September 15, 2016 at 13:11
😀
Pariah ???
September 15, 2016 at 12:23
tl;dr
Raptor Rants
September 15, 2016 at 12:25
*cries*
Pariah ???
September 15, 2016 at 12:31
https://31.media.tumblr.com/d890f1c8ddea74ca0cc7c5980da7f269/tumblr_inline_n0fbq5idu51rwdd7c.png
Alien Emperor Trevor
September 15, 2016 at 12:43
Don’t cry – the “SIES!” at the end makes it 😀
Pariah ???
September 15, 2016 at 12:44
There was a “SIES” at the end?!
Alien Emperor Trevor
September 15, 2016 at 12:50
Yes, I skipped to the bottom to prevent myself from reading out.
I mean… um… I totally read the whole thing Llew.
Raptor Rants
September 15, 2016 at 12:50
#glares
??????? ????? ™
September 15, 2016 at 12:50
tl;dr;dc;#7
AfricanTime
September 15, 2016 at 12:58
are you one of the #datamustfall activists?
Raptor Rants
September 15, 2016 at 13:08
I am now
Sageville
September 15, 2016 at 12:23
I don’t think any company should be allowed to issue contracts whereby the product/service can fundamentally change mid contract. It’s already been abused by cell operators that change package costs mid-stream.
Apparently, the only way to challenge this is to either class action suit or treat it as a false advertising issue with ASA.
So the average consumer would need to battle massive corporates in court…. yeah right
This cannot be fair.
Pariah ???
September 15, 2016 at 12:24
It’s not fair. It’s legal.
Welcome to Capitalism.
Sageville
September 15, 2016 at 12:26
We’ve long know the “Legal” does not necessarily mean “Right”.
We are allowed to rant about the wrong.
Pariah ???
September 15, 2016 at 12:27
Oh the rant must continue. I was simply adding some wood to the fire. 🙂
Spathi
September 15, 2016 at 12:27
It’s not legal. Telkom repudiates the contract, the consumer may accept the repudiation and cancel, or enforce the initial terms as was agreed upon initially.
Pariah ???
September 15, 2016 at 12:29
I know. See my reply to Sage below. 🙂
Spathi
September 15, 2016 at 12:30
EVIL!!
Ottokie
September 15, 2016 at 12:33
https://m.popkey.co/5e8342/xYzvr.gif
Guild
September 15, 2016 at 12:27
Agreed that this is ridiculous and all consumers who signed up should be allowed to exit the contract without penalties as it has fundamentally changed the product offering and is not the same product that was originally sold.
The other side of the coin, in the build up to this you had a lot of people complaining about poor speeds at certain times and not getting the promised speeds. It was noted that Telkom oversold the product and didn’t have enough infrastructure to handle the capacity it sold but this can also be viewed as a backlash from the amount of complaints received over degraded speeds at certain times.
In other words, I blame Nic.
But it’s a really bullshit move by Telkom.
Gavin Mannion
September 15, 2016 at 12:27
Anyone who has run into this problem please file an ASA complaint here
http://www.asasa.org.za/complaints/
It is free to file a complaint
Spathi
September 15, 2016 at 12:28
Feature this comment dammit!
Raptor Rants
September 15, 2016 at 12:37
Gav, Feature comment!
HvR
September 15, 2016 at 12:53
If you do not feature the comment I’m going to post GavBrony again
Pariah ???
September 15, 2016 at 12:53
It’s suddenly featured. Wow.
??????? ????? ™
September 15, 2016 at 12:55
Lol featured like 5 minutes ago, but post the GavBrony anyway, just for funsies
Chingatch
September 15, 2016 at 13:00
I have just filled in a CPA document to send to them. ICASA can’t help with this matter as it is a contract, therefor CPA is the way to go.
Guava_Eater
September 16, 2016 at 15:08
I got a response just now from the ASA after lodging my complaint about the Uncapped LTE. I’d like to pass it on
Aries
September 15, 2016 at 12:33
Isnt there this law of consumer protection or something where you can get out of any contract that you feel isnt what you signed up for
Milesh Bhana
September 15, 2016 at 13:01
i think the problem is that the modem was included. Returning it now means it’s used so they’ll probably charge for that.
VampyreSquirrel
September 15, 2016 at 16:27
You’ll be liable to pay for the balance owing for the device unless stated by whatever the consumer protection guys say.
Archdruid Kromas
September 15, 2016 at 12:34
ASA has to step in because what Telkom did there is bordering on illegal advertising.
Pariah ???
September 15, 2016 at 12:36
Bordering? Nah mate, it’s straight up illegal. It’s like paying a bond for a 4 bed house, then suddenly the deeds office says “nah mate, take this 1 bed flat instead. Same bond. Sorry, nothing you can do. Pack your things.”
Literally the same thing.
Archdruid Kromas
September 15, 2016 at 12:41
I was still trying to be nice. If they made it on renewal of contract it would have been a different thing but this is pretty false advertising.
Pariah ???
September 15, 2016 at 12:41
Yeah renewal is fine. That’s when terms get reviewed etc.
David
September 15, 2016 at 12:38
“Hey! Buy this Cheesecake – it’s the most delicious cheesecake ever!”
“Well last time you offered me Cheesecake, I got a Poopcake… but okay, this time you’re promising it’s Cheesecake.”
“Yes, promise.”
*Bites Poopcake*
“C’mon dude! You promised.”
“It’s not my fault your believed me.”
Pariah ???
September 15, 2016 at 12:38
Nice story. Not what’s happened here.
Alien Emperor Trevor
September 15, 2016 at 12:39
Yeah, that was NMS. 😀
Pariah ???
September 15, 2016 at 12:39
LOL!
David
September 15, 2016 at 12:41
Haha, sho – you’re taking yourself a little serious there champ. I know Telkom doesn’t sell Poopcakes disguised as Cheesecakes…
Pariah ???
September 15, 2016 at 12:42
O_O “seriously”? Me?
Are you sure you have the right person?
Dresden
September 16, 2016 at 03:20
Unnecessary…
Madara Uchiha
September 16, 2016 at 08:11
this was instead the actual Cheesecake…
with a steamy, chewy, creamy, poop center
Alien Emperor Trevor
September 15, 2016 at 12:38
Any twit who thinks using 200gb worth of data on an uncapped account is abuse can shut up & go sit in the corner while the adults talk. The fact that your uncapped account is practically disabled after 250gb is a joke.
Dane
September 15, 2016 at 12:39
tl;dr
Telkom be like,
Step 1: Offer product on 24 month contract
Step 2: Add term/condition “We are allowed to change terms and conditions”
Step 3: Bind consumer to contract
Step 4: Add term and condition “We will no longer give you this product”
Step 5: Profit
Milesh Bhana
September 15, 2016 at 12:41
The frustrating thing is here is that I believe that on an uncapped product they should try and control abuse. It’s the policy that absolutely terrible.
At the very least, make it a shorter rolling period (as most DSL Uncapped packages do), so if we do exceed, then we just need to wait a few days to get our speeds back.
Then tell us how it works and give us the tools to monitor it.
This policy is just lazy. I really do hope that they can give us a better AUP going forward.
Geoffrey Tim
September 15, 2016 at 12:42
Yeah, the blanket policy is ridiculous.
Pariah ???
September 15, 2016 at 12:45
I know! Those fucking things are so thin, and they don’t even cover your whole body. Winter is a fucking nightmare.
Alien Emperor Trevor
September 15, 2016 at 12:57
They really should call this uncaped.
Pariah ???
September 15, 2016 at 12:46
On a completely unrelated note: Geoff, what is browsing Lazygamer like at 256kb/s speeds?
The D
September 15, 2016 at 12:47
Geoff would answer but he’s still waiting for Disqus to load a reply box for him.
HvR
September 15, 2016 at 12:48
Like eating 2 min noodles with a toothpick
Raptor Rants
September 15, 2016 at 12:50
Like every other day? #Shotsfired
For the Emperor!
September 15, 2016 at 12:46
“Telkom will give notice to each Consumer of such amendments” – that is nice and all…but where is my notification? I only read about this AFTER people started complaining and I have clearly been impacted. I NEVER got any notification regarding this change.
Raptor Rants
September 15, 2016 at 12:49
Seriously Telkom. How? How can you do this?
This is like me buying a 3 seater couch from your uncle in the furniture business and having him come a year later and switch it to a 2 seater couch. All the while saying, it doesn’t stop you from sitting, you can just do a little less sitting on it now. The old 3-seater was being abused so we have to stop that.
It’s bull! Where in the world do you think your subscribers are going to go? I’ll tell you. Not other providers. Oh oh no. They are going to court. Who thought this would be a good PR move to change the terms so drastically?
Really? Are you NUTS?
No. This is illegal. Point. End. It cannot possibly be fair!
What next? Rate limiting capped accounts?
OH WAIT!!!! You’ve already rate limited my LTE and haven’t activated the LTE on my new LTE capped product since inception more than 3 months ago!
I thought Telkom was turning this sinking ship of theirs in to a luxury cruise liner. Now I see it’s just a cheap hull. Full of promise and pretty empty.
HvR
September 15, 2016 at 12:51
This is extra funny because the said uncle is probably the dodgiest business in South Africa, selling employment insurance to millions of pensioners.
Greylingad[He Charges!]
September 15, 2016 at 14:49
You do realise that they are too busy counting “that other company’s” share in profits to worry good PR, I mean, whose ever heard of PR? pffffttt…..
RinceThis
September 15, 2016 at 13:03
Down to 256? Are the kidding?!
Ottokie
September 15, 2016 at 13:05
Just add your telkom LTE username and pass
http://www.nckcn.com/NCKCN/dun/dunconfig95a.gif
RinceThis
September 15, 2016 at 13:06
WIN!
Raptor Rants
September 15, 2016 at 13:07
Comment of the year
Ottokie
September 15, 2016 at 13:07
The sad part is it’s 2016
Raptor Rants
September 15, 2016 at 13:10
1620*
Fixed. According to Telkom
??????? ????? ™
September 15, 2016 at 13:09
SPEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEED
Ottokie
September 15, 2016 at 13:19
NO MOM! DON’T PICK UP THE PHONE!
***reconnecting
Alien Emperor Trevor
September 15, 2016 at 13:21
That hasn’t changed. Still happens with my ADSL line.
Ottokie
September 15, 2016 at 13:22
Yup, now it’s “finding new host”
RinceThis
September 15, 2016 at 13:30
Where do you LIVE?!
??????? ????? ™
September 15, 2016 at 13:33
USE A FILTER YOU PLEB!
😛
Alien Emperor Trevor
September 15, 2016 at 13:34
I do, it makes my tap water taste nicer.
??????? ????? ™
September 15, 2016 at 13:44
TAP THAT….ummm….FILTER
??????? ????? ™
September 15, 2016 at 13:33
xD
Alien Emperor Trevor
September 15, 2016 at 13:23
No
roastdownload for you!Ottokie
September 15, 2016 at 13:25
Telkom don’t lie!
Alien Emperor Trevor
September 15, 2016 at 13:25
LOLLLLLLLLLLLL
RinceThis
September 15, 2016 at 13:25
you mean no download for YOU! Also, bwahahaha!
BakedBagel
September 15, 2016 at 13:24
Uncapped runs at a loss on the business side of it. Not surprised they added a cap
Raptor Rants
September 15, 2016 at 13:35
People know that. The fact is Telkom changed the terms drastically. This is about the legality of a promise that draws you in to a contract being removed halfway through
Raptor Rants
September 15, 2016 at 13:34
(refresh)
Ottokie
September 15, 2016 at 13:36
no, it’s not in the contract 😛
Ottokie
September 15, 2016 at 13:37
ok fine. I refreshed
Now all my chat is upside down xD
Raptor Rants
September 15, 2016 at 13:39
Dat throttling yo
Alien Emperor Trevor
September 15, 2016 at 13:40
https://67.media.tumblr.com/aaa4d028a7b04d0a9e16c7d21f7ca4ec/tumblr_o218tpOnOT1sbaqqoo1_500.jpg
Ottokie
September 15, 2016 at 13:42
https://i.ytimg.com/vi/Xe1kupqxnJs/maxresdefault.jpg
Alien Emperor Trevor
September 15, 2016 at 13:43
Oh no! I’ve disappointed her!
DragonSpirit009
September 15, 2016 at 13:38
Wondering if I should still get LTE if Telkom is going to pull such crap. Not that I even use much but what about when I actually have money to game.
Anon A Mouse
September 15, 2016 at 13:51
Yet Telkom still says on their website that their unlimited LTE offers unlimited streaming, browsing and gaming without any mention of an AUP on this.
Raptor Rants
September 15, 2016 at 13:53
screenshot with date!
Raptor Rants
September 15, 2016 at 14:01
Everyone: Hey Telkom. You lot going to respond?Why are you going back on a promise?
Telkom:
https://media.tenor.co/images/f3856771f5bbc5562682258aef66fba6/raw
Thorsten
September 15, 2016 at 14:26
I took Telkom to ICASA a few months back and won. Don’t assume they are legally covered. Their incompetence is borderline criminal. Report them as I am sure many other consumers will as well. I am so glad I never have to deal with Telkom again for internet access.
Greylingad[He Charges!]
September 15, 2016 at 14:30
GOOD NEWS EVERYONE!!….
Oh, sorry, nothing to see here, move along now…you too Zoidberg….
Anon A Mouse
September 15, 2016 at 14:41
Nowhere in their AUP do they mention these blanket caps?
What is the Acceptable Use Policy applicable to this service?
Telkom reserves the right to apply restrictions on an uncapped account if a
customer’s behaviour is determined to be affecting the user experience
of other customers on Telkom’s mobile broadband network. Such
restrictions include but are not limited to throttling a customer’s
throughput speeds to an appropriate proportion of the actual port speed
and / or shaping a customer’s bandwidth to limit the use of bandwidth
intensive protocols and applications.
Examples of customer behaviour which compromise Telkom’s network performance
include, for example, causing network congestion, include running
excessive concurrent internet sessions or accessing excessive bandwidth
intensive protocols such as Peer to Peer and news servers protocols
(NNTP). In the event of such behaviours, Telkom reserves the right to
terminate the account of a SmartBroadband Uncapped Wireless customer
whose usage is continuously affecting Telkom’s network performance.
In order to assist a customer to be made aware of when his or her
behaviour is compromising Telkom’s mobile broadband network performance,
Telkom will provide to the customer such information as is practically
available. Once usage is indicated as being dangerously high, Telkom
reserves the right to suspend the relevant customer’s usage within 24
(twenty four) hours of usage having reached such levels. Customers who
are restricted by Telkom in the aforementioned manner in a calendar
month will be returned to full service profile at the beginning of the
next month.
The above controls will be implemented by Telkom in addition to those set
out elsewhere in this AUP regarding unlawful behaviour.
Greylingad[He Charges!]
September 15, 2016 at 14:52
You see, if they can change the terms and conditions of this contract, their flagship as such, they can do it with any other contract, offering a near ridiculous service at an enormously inflated price…The same as that other company…What was it’s name… Something about roads and being limited….
Rangerdave
September 15, 2016 at 15:08
My Telekom experience…. Telkom is voiced by an ex-leper in this story.
Me: Hi Telkom I a big boy now with my own place can I have Internet?
Telkom: of course sir and here’s your phone sir.
me: no no not a phone… Internet.
Telkom: first a phone sir then Internet turns on right it does sir.
Me: Oh okay… And that happens quickly?
Telkom: of course sir we don’t mess around here sir…. That will only cost you (too much money) sir.
Several months later, paid months later…. After many many conversations with “the ex-leper” and several of his managers, my line was turned on. The clouds parted and all was right in the world…. So plugged ps4 and 2 pc’s and hit update.
Alas the next morn the Internet was but a trickle.
Me: Oi my line speed is terrible saix says it’s your side.
Telkom: ah it’s you…about time you called. Seems you are a very heavy user sir, very heavy indeed… So we have had no choice but to throttle the line for the rest of the month.
Me: sorry what!?
Telkom: but don’t worry sir from next month we can put you on a business account sir….sir…sir?
But alas for Telkom I had hung up and Google did I ask for an isp who also handles line rental. Moved to axxess on month to month uncapped saved hundreds of rands compared to Telkom and whenever it seems slow (twice it wasn’t Telkom fixing things) I phone moan and get my speed. No complaints.
So none of this surprised me and has hardened my resolve to touch their mobile network.
Raptor Rants
September 15, 2016 at 15:45
Oi! I’m the only Raptor around these here parts.
miaau
September 15, 2016 at 15:49
Rangerdave != Raptor Rants
Raptor Rants
September 15, 2016 at 15:52
Look… harder (Refresh)
miaau
September 15, 2016 at 15:53
Oh, crap. The avatar / icon thingy. Ah, nice spot.
Oops, well I leave this up to you and Rangerdave to resolve.
Raptor Rants
September 15, 2016 at 15:56
https://img.buzzfeed.com/buzzfeed-static/static/2015-06/17/19/enhanced/webdr01/anigif_enhanced-23516-1434582309-14.gif
Pariah ???
September 16, 2016 at 06:59
That’s a t-rex though. It’s rather obvious with the shape of its nose.
Alien Emperor Trevor
September 16, 2016 at 07:42
Surely that’s an ET-Rex?
Pariah ???
September 16, 2016 at 07:43
I wanted to facepalm, but then realised that you’re 100% correct.
Have an upvote.
Raptor Rants
September 16, 2016 at 11:24
Ok yeah I see
Rangerdave
September 15, 2016 at 16:46
Technically mine was a Rex rant…
Rangerdave
September 15, 2016 at 16:53
Or a tyrannosaurus tale maybe.
Raptor Rants
September 15, 2016 at 17:00
Ok. I’m cool with that. Welcome brother
miaau
September 15, 2016 at 15:18
I am so happy for me. They stuffed up my order on the special offer of R799 in June. So I never got it at that price. I also read the terms and conditions and my wife and I were happy, as they said they will never throttle the services we use.
We are a two person (with a 2.9 year old and a 7 week old) and we can use 500 gig a month, no torrents. Youtube, 3gig a hour full HD to TV, other streaming. Oh, yeah. Download games from Xbox Live. Download the free games, just to check them out, why not? No cap on our Internet.
BUT we pay just under R1200 a month for the internet, excluding phone line.
Guava_Eater
September 15, 2016 at 15:40
It’s not what was sold. T&C’s can be amended but not the fundamental nature of the product. Uncapped is uncapped. Their AUP only touched on Torrents and NZB’s. That’s fair enough. I don’t do either, therefore uncapped is uncapped.
Guava_Eater
September 16, 2016 at 10:37
Thanks Gav
Dear Sir/Madam
Thank you for your complaint. We have received it, and are currently in the
process of capturing it on our data base. Please note that our system
auto-generates a file reference and number (as seen above in the “Subject”
line). While the reference may change in the near future, the number at the
end should not. For easier communication, we ask you to please use the above
reference, or the amended version thereof in future.
Please keep in mind that we receive roughly 150 to 200 new complaints a
month, and as a result there might be some minor delays. However, we are
trying hard to give all complaints the appropriate and deserved attention.
To explain our process very briefly, the first thing we do is to ensure that
your complaint falls within our jurisdiction, obtain a copy of the relevant
advertising and then assess this to determine whether the Directorate should
formally investigate or not. As you can appreciate, this may take some time,
but we hope to get back to you soon in this regard. Naturally, you are
welcome to contact us and follow up at any time.
Regards
Lucrecia Cameron
Receptionist/ Data Capturer
ADVERTISING STANDARDS AUTHORITY OF SOUTH AFRICA (ASA)
The Order of the Banana
September 15, 2016 at 16:33
“…And that’s awesome. We don’t pirate things, so we have no need for Bit Torrent or News Servers.”
HAU! YOU USED THE INTERNET WRONG!!!!!
VampyreSquirrel
September 15, 2016 at 16:36
Telkom told me I couldn’t “upgrade” to Uncapped LTE, but I’d have to go into a store, cancel my current LTE (capped) contract, PAY the balance, and sign up for Uncapped LTE. I informed them I’d be cancelling my contract next year and hung up.
I REALLY dislike what they’ve done here, but it makes me happy that I didn’t get the Uncapped option.
Rangerdave
September 15, 2016 at 16:52
Telkom official stance
http://www.livememe.com/fg8lqn5
Guava_Eater
September 15, 2016 at 16:53
404 page not found?
Rangerdave
September 15, 2016 at 17:12
Hmm should be Vader on vespin. When he wants to freeze Han
Lando: but that was not the deal.
Vader: I have altered the deal. Pray I don’t alter it again.
I see it dunno?
Guava_Eater
September 16, 2016 at 10:38
Lol nope still see a 404. I suppose it’s also appropriate….:-D
Raptor Rants
September 15, 2016 at 16:59
#Datamustfall
Truden
September 15, 2016 at 23:00
Telkom has the right to change the terms and conditions, but not to change the contract.
The contract contains the service that is sold, exactly as described by the seller, and the money which you pay for it.
That cannot be changed.
If there are terms and conditions for using the sold product, they can be changed, but cannot impose new terms and conditions, because it is not stated in the contract that new terms and conditions can be imposed by the seller.
miaau
September 16, 2016 at 07:30
Someone wrote a letter to radio 702 about this and Xolani read it out at about 17:10 yesterday. Seems a lot of people are, understandably, up in arms over this.
Madara Uchiha
September 16, 2016 at 08:02
mother buffer !!!
justlikemo
September 16, 2016 at 08:28
Hi, I will take this up internally, personally, will provide feedback in the soonest.
Also a new user on this, and can use up to 200GB in a few days as well, I agree those were the terms that I initially signed up to, did not know they could change it so drasctically.
Deceased
September 16, 2016 at 10:57
Wow – I honestly can’t imagine not hitting 300GB+ in a single month.
I’ve recently ( about 5 months or so back ) switched from Telkom/Mweb/WebAfrica/Afrihost/etc. sovereignty to the Wireless Internet packages – they’re more expensive but sooo much better in terms of service and this BS of throttling/shaping.
FFS man, I get that the infrastructure might cost money, but why the *expletive deleted* is internet not free?! O.o
Chingatch
September 16, 2016 at 12:31
SO CPA will take up to 60 Days to process my complaint…sigh…
Chingatch
September 16, 2016 at 12:31
Is it worth going into the shop to try cancel my contract?
Gr8_Balls_o_Fire
September 16, 2016 at 13:14
My experience:
I signed a contract for Telkom’s Uncapped LTE FreeMe simcard. I was promised LTE speeds, uncapped data.
As soon as the simcard was activated, download speeds of PS4 games from PSN never once exceeded 125kbps. When you’re downloading a 50gig game how long would this take?
So three days later I cancelled it (within the 5-day cool-off period) due to the extreme lack of speed.
Let’s not forget, on LTE sims, their FUP is 10gigs. Is a 10gig limit for an uncapped contract acceptable?
Yesterday they STILL debited R1075 from my account. Very angry face
I was assured by the store that the contract would be cancelled accordingly and within 12 hours the sim card was inactive.
Does anybody else think this is unfair practice or am I being pedantic?
K1FF J1MB0B (sizzle edition)
September 16, 2016 at 18:26
Looks like a whole shit ton of people got duped into buying yet another shitty Telkom product.. colour me surprised.
I love Telkom
September 18, 2016 at 08:44
ASA filed. And I’m going to spend the rest of this dreadful Sunday to file with every organisation and complaint website I can find – ICASA, CPA, Hello Peter, etc etc. whether they can assist or not. I will also be including every Telkom employee e-mail I can find on the net. Come Monday I will be stopping my debit order to Telkom and handing in their equipment at their Centurion campus – I’m seriously unhappy about this.
The_Ghost_Skull
September 18, 2016 at 09:15
Afrihost, nuff said.
Brian
September 21, 2016 at 13:28
WTF – 200Gb =66 hours of HD streaming.
So 2hours a day of netflix or else you get capped.
Not to mention steam updates.
This coupled to the fact that the connection speed has gone to sh%t this past few months
when not even close to 200GB useage.
Thx Telkom