When you sign a contract with a carrier, the purpose is to set forth the material terms of your agreement. There is really no purpose in signing the contract if one of the parties can change the terms at their discretion, especially of they can change those terms without even telling you.
Next time you see www.carriername.com in a contract, you should immediately think www.idontcareaboutyou.com and react accordingly.
It can be difficult, unless you have an experienced telecom attorney, to get these web site references removed from your contract. If you are determined, none-the-less, to do business with such a carrier, there are a few things you can do to at least mitigate some of the risks. You should demand the following:
- that the contract clearly state that the terms of any “service guide” are those that appear on the Web site on the date the contract is signed. Then have a copy of that version of the “service guide” attached as an exhibit on your contract.
- that you are provided actual written notice in advance of any change in any applicable terms of the “service guide”.
- that you have the absolute right to terminate the contract without liability, in the event that you determine that the change will have an adverse effect on your business.
Your contracts should be fair and equitable and share risk. Contracts with Web site references are ambiguous and subject you to unilateral changes from the “service guide”. They mean nothing but trouble.