February 23, 2010

uptime

Well, XT fell over again, not that it's exactly been notice anywhere else (can't find anything about Telecom in the Guardian, BBC, the Register or Economist). In this matter I am struck by the lack of power the consumer has in this situation. I've been close enough to heavy systems users and suppliers to have some idea of the pointy clauses in most service agreements about uptime. Whether it is 99.9% or 99.999%, the customer has a definition of the level of service they can expect - and the sort of compensation or penalties which apply if the level of service is not met.

But apparently this is not available to you as an option if you are a general customer - even a small business one. It's firmly a take it or leave it situation. Given that fair and responsive contracts are supposed to be based on this negotiation and meeting of the minds, it's absence makes me think it would be fair enough for the government to step in and alter the playing field a little. For example, clarifying that the Fair Trading Act or Consumer Guarantees Act interpret contracts for service as having an implied uptime, and providing some mechanisms for resolving the situation - including an implied non performance of contract which would let you hitch up with someone else.

Posted by carla at February 23, 2010 07:27 PM
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