Even if the provision Randy desribes isn't written in there, there is a fair amount of law that supports it. IANAL, but basically you can't agree to something like a price change you have no idea of in advance, so you can't agree to a 3-year term on it, (or 18 months) in advance. But as a practical matter, if they gave you 30 days to leave, you probably wouldn't sue them anyway... 3 years in litigation for damages you could easily (in most cases) avoid won't win you anything. But if you are looking for Level 3 to make any sense, you are going to be waiting a long, long, long time with the rest of us. They have never successfully "sold" much in their brief history. They have successfully acquired lots, and lots, and lots of revenue and then burned it off fabulously quickly. And there isn't even much value in short selling their shares.... alas. My $0.02, DJ Randy Epstein wrote:
James,
There should be a clause in the contract that allows you to cancel services if they change the terms and conditions of the agreement.
I know that doesn't help you much, but at least it gives you an out.
Randy
-----Original Message----- From: up@3.am [mailto:up@3.am] Sent: Monday, April 28, 2008 7:37 PM To: nanog@nanog.org Subject: [NANOG] Level3 not honoring Broadwing contracts?
In 2006, I signed a 3 year contract with Broadwing for a 1 cabinet colocation with 6Mbs dedicated for under $1,000/mo. A few weeks ago, about halfway through this contract, I get a letter from Level 3's "Director of Colocation" that they are going to raise my price by several hundred dollars a month.
I spoke with my new Level 3 rep, and he just notified me that their legal deparment confirms that all they have to do is give me 30 days notice to increase their price.
This does not make sense to me. I am bound to a 3 year contract, where I have to pay them the rest of the term if I were to leave early, but they can jack up the price by 40-50% during that time, arbitrarily? I do not see that provision in my contract, and would rather avoid legal expenses if possible. Has anyone else had to deal with this sort of thing from Level 3?
TIA,
James Smallacombe PlantageNet, Inc. CEO and Janitor up@3.am http://3.am =========================================================================
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