Tiscali “Fair Usage Policy”

  Damn Machine 14:10 03 Feb 2006
Locked

My BB package is Tiscali 1MB unlimited. I got an email from Tiscali today stating that my “broadband usage has been highlighted as exceptionally high during peak periods” which they define as 6pm to 11pm Monday to Sunday. They go on to say that Tiscali may “manage my usage” by altering by bandwidth. I think this is a curious considering that Tiscali is providing a service intended use by private households and as such this BB package will be most likely receive heaviest usage during these times.

Has anyone else had any such communication from Tiscali or other BB suppliers?

I have replied to their email pointing puit that they give no definition of "heavy usage" and referring to the Sales of Goods Act 1979 and the Sale and Supply of Goods Act 1994 which state that a product must be suitable for the purpose for which it is sold and asking if Tiscali are suggesting that their home BB packages are not suitable for home use, which to me seems a reasonable point.

Any thoughts?

  rawprawn 14:53 03 Feb 2006

Strange, I have had no such communication. Howver I agree if they offer 1MB unlimited, that is what they should, in my opinion deliver.

  spuds 16:13 03 Feb 2006

Tiscali went through a similar exercise last year with some of its customers.

  Damn Machine 16:16 03 Feb 2006

Spuds - Did this achieve anything except losing some of their customers?

  alB 16:54 03 Feb 2006

I think that what they are trying to say is normal browsing etc. is pemitted, but heavy usage ie P2P, file sharing during peak times slows everything down and basically spoils it for other users...alB

click here

  Damn Machine 17:19 03 Feb 2006

alb - Yes that is what Tiscali are saying, and what I'm saying is that a service for home users will be used the most when people are at home.

  Stuartli 17:20 03 Feb 2006

Tiscali has eased off on its Fair Usage Policy in recent months although attempting to curtail abuse of the system.

Remember you share that bandwidth with up to 49 other people on the contention ratio...:-)

  Graham ® 17:32 03 Feb 2006

Many ISPs are introducing such measures. You must be giving it some welly to attract their attention.

I think the days of truly uncapped packages are numbered. Remember, ISPs buy from BT in bulk to offer you a good deal. If a few customers are using more than their fair share, they may find themselves on the 'thin pipe' at peak times.

  PC Bilbo 17:43 03 Feb 2006

Dam Machine

It's all very well throwing Sale of Goods Act at Tiscali but this prerogative presumably was in their terms and conditions when you signed up under their "Fair Useage Policy" click here

If it was and you didn't read it then they have a legal right to do this. NTL, who I use, are also taking this stance & in my opinion not before time as the majority of users can suffer slow downs as a result of a minority either excessively downloading music/video or using p2p file sharing
which hogs bandwidth.

Frankly, if I wanted to do this I would pick an ISP with a better than 50:1 contention ratio and expect to pay a realistic p[rice for it.

  Skills 17:49 03 Feb 2006

I too am on tiscali and if you look on there website it states that a fair usage policy applies. I personally do not have a problem after all I pay £18 a month for an unlimited service and any major downloading can be done in the day or late at night.
Most other unlimited services are alot more.

  Damn Machine 18:02 03 Feb 2006

PC Bilbo - yes I am aware that it this clauseis included in the agreement (that Tiscali sent to the wrong adress and then refused to send a another copy), although nowhere do they define what "heavy usage" is and so can apply it to any level of use if they choose.

But, the point I was trying to raise is the suggestion of a restriction of use for a service for home users that will cover the periods when home users are most likely to be using the service - they are obviously trying to reduce demand during their peak home-use time but surely this is exactly what and when the service is for.

Graham - I can't say that I was aware of particulary heavy usage. I had the account since October and I would say my usage is lower since the new year, so....?

And I don't think I "threw" the Sale of Goods act at Tiscali, I merely pointed out to them that they are selling a product for home use and it must be suitable for that purpose.

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