Sprint is buying Clearwire, and merging with SoftBank. Any time there is a shift in the way a company does business, they often have to change their Terms of Service. While that may seem trivial to you, it also represents a way out of a contract you’re not happy with — free of charge.
Free?! No early termination fee? That’s right, friends, a change in your Terms of Service often lets you escape those obnoxious early termination fees altogether. In most cases, the subscriber has 30 days to challenge the new ToS and escape unscathed. Continuing to pay for service is basically your compliance with the new terms, so watch carefully for changes.
Any change in the Terms of Service represent what is called “material change”. In legalese, a material change is any that alters the agreed upon terms. When you paid for your device and agreed to the service contract, you signed a contract. By changing the ToS, Sprint has effectively changed that contract, and vioded the agreement between yourself and them.
Sprint does not determine what material change is: that’s a legal term.
Now that Sprint has changed that contract, you may call customer support and ask that you be relieved of your contractual obligation due to adverse material changes in the terms of service. From the Sprint ToS:
If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially adversely affected without incurring an Early Termination Fee only if: (a) call us within 30 days after the effective date of the change; (b) you specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made; and (c) we fail to negate the change after you notify us of your objection to it.
So what changed?
Some language under “General Terms and Conditions.” While the changes aren’t poignant or structurally significant, they do represent a change in the terms of service. Any time a company changes something as simple as the language in your contract or ToS, you have the option to get out.
It also seems the change to LTE from WiMax has caused some language to be changed:
New Agreements on the Sprint 4G (WiMAX) Network: Your Service on a device activated on the Sprint 4G (WiMAX) Network may require a new one or two-year Agreement per line. Sprint expressly reserves the right to migrate your Service during this Agreement term from the Sprint 4G (WiMAX) Network to the Sprint 4G LTE network to complete your Agreement term. Reasonable advance notice of the Service change will be provided to impacted customers, who can then select one of the followingoptions: (a) Choose to …read more
Via: Android Authority