There are two type of contracts that are stressful and draining to get rid off : it’s either a gym contract or a cellphone contract. Most individuals despair in the process and decide to just ‘stick it out’ until the end of the contract, although they aren’t satisfied with the service provided.
I have good news for you, there is a legal way out of this mess. Here are the tips:
- Communicate with the Service Provider:
As per Section 14(2)(c) of the Consumer Protection Act 68 of 2008(CPA), service providers are obligated to provide you with 40-80 business days written notice or “any other recordable form” informing you that your cellphone is coming to a conclusion, which grants you the opportunity to cancel the contract timeously.
In addition, as per the CPA, service providers are legally not permitted to automatically renew
your cellphone contract on your behalf without your consent. It is therefore up to you, as the consumer to decide whether you wish to proceed, cancel, or terminate your contract with them.
Given that you’ve decided to terminate your cellphone contract, you are legally permitted to give your service provider 20(twenty) business days written notice regarding your intention to cancel as per (Section 14(2)(b)(bb) of the CPA).
Please ensure that you send the written notice either by email, post, or even a fax, and always print out a copy of the original communication. - Be ready to pay a “cancelation fee”:
Depending on what your contract with the service provider states in terms of early cancelation. Please note, as per Regulation 14(2) of the CPA, the service provider is only allowed to charge you a “reasonable penalty” which “may not exceed a reasonable amount.”
Therefore the service provider is not allowed to make you pay the full amount outstanding as a condition for cancelling the contract. - Outstanding Charges:
You will be liable to your service provider for the amounts owed up to the date of cancellation, such as the data/airtime you have already used to date in addition to any SMS bundles used to date.
Let us deal with this Administration work on your behalf:
Manzankosi Corporate Legal Consultancy is readily available to assist you with ensuring that you are not held hostage to a cellphone contract that no longer serves you or you want out of. Our legal practitioners are ready to help you with drafting that 20 business days written notice, the paperwork, and the communication. Get in touch via email at info@manzankosiclc.co.za or contact us at 081 712 1114/067 147 2323.
