Re: Migration To NBN within Contract



 I have no issues with speed or service. Problem is that contract was for 24 months and Optus is asking me to move to higher fees NBN plan within contract period if I want to keep the current plan inclsuions or want me to pay termination fees if I dont move to NBN plan. I contracted for 24 months at agreed price. I am happy to continue at agreed price for agreed 24 months but its Optus which is stepping back and want me to pay for that !! I dont think it is in fine print that Optus can charge me whenever/whatever they like within contract period.

Re: Migration To NBN within Contract

[ Edited ]



Yeah, its pretty shoddy behavoir by Optus but the good news is it will probably sort itself out in the wash. This is the current critical info that is relevent. Don't know if the same text is in your plan, although if it was started in the last year then probably:


Changing the access method

We may change the access method for your service for the remainder of your minimum term and move you to: • A new plan that is reasonably comparable with your current plan; or • An alternative plan, but only if we take reasonable steps to address any detrimental impact that the change may have on you that is not minor. If we change your access method, you must provide all reasonable assistance to enable the change to be implemented, including access to your premises and equipment. Unless otherwise agreed with you, we will not charge you for installing or equipment we supply to you to use with the changed access method. Alternatively, we may ask you to change your access method during your minimum term even if the change may have a detrimental impact on you that is more than minor. If you refuse our request, we may cancel the service by giving you at least 90 days’ notice. If the service is cancelled, you will be liable for charges incurred up to cancellation, but you will not be liable for any cancellation fee or outstanding equipment charges. We will contact you to discuss the details of any changes we plan to make to your access method prior to making the change


So some thoughts:


1. You've got 6+ months to sort this out. You're not the only person going through this transition and some better processes will probably get implimented down the track. So don't feel you have to sort it out right now.


2. That said, Its up to Optus when you get migrated to the NBN and they have been in the news for shutting down their network much faster than the usual time frames (again a shoddy effort). So even though you might have until December now, you may get a letter much sooner.


3. From the above clause, Optus don't expect you to pay any termination fees unless you try leave them before they cease service. If their alternative plan is a major change then you get to decide if you stay or go (with no penalty). Certainly a 50% raise in charges would be considered major. So if your talking to them use the contract speak for better effect. Mention its a major change (they'll either agree or disagree). If they agree mention you want to take up the 90 day cancellation clause (They should agree). If they ask for termination fees mention the above clause from their own plan summaries.


4. The annoying thing about going the termination route is it might not be a smooth transition. i.e. you might be without the internet for a period. Hopefully Optus will allow you to organise porting to the another ISP but they might just say "Sorry, we'll disconect you as arranged in 90 days and then you're on your own". You may lose your phone number (don't know but check)


5. All that said, Optus have just changed their NBN plans and they now closely match your existing. For $100 a month you get pretty much the same package you're on now for $95. We're back in minor change territory where your options are less. You can't even refuse to change the plan. You should be able to get a $5 discount but probably depend on which call centre person you're dealing with. The renewal to 24 months again is also a fairly big hit. Again when speaking about that metion the above clause An alternative plan, but only if we take reasonable steps to address any detrimental impact that the change may have on you that is not minor. It would seem reasonable and well within their power to grant a 6 month reduction in the new contract.


6. All that talking aside it might just be not worth the hassle to fight through? So my suggestion is:


a) Take the $100 deal, with the phone bolt ons and 24 month contract (As a deal its pretty good still).

b) Try get the $5 discount and the contract reduced to 18 months. 

c) If you can't then make sure they note in the file you don't agree with this but feel you have no other option ATM.

d) Launch a complaint with the TIO on those two issues alone and let them sort through it and probably get one or both of those issue sorted in your favour. Remember to frame thing as MAJOR or MINOR as these are the hot button words that are based in your legal rights.

e) Relax and welcome to the NBN Smiley Happy




Peter Gillespie

Re: Migration To NBN within Contract

[ Edited ]

Hi ,

Looks like its all sorted out. Got a call from Optus today after raising complaint with TIO. The person from Optus Customer Resolutions advised that they can't provide the same plan as its no longe available, but I can leave any time without any charges as its not my fault !!

Optus should train their staff for these basic things, its same what I was asking for but customer support was not ready to hear anything except advising to pay termination fees or move to higher plan...


Re: Migration To NBN within Contract


Thanks for letting us know. Glad it turned out fine in the end. 


The cynic in me suggests the Customer Service "misunderstanding" is pretty deliberate. Optus have been trying to fast shift existing customer to new NBN plans pretty aggresively. All sorts of misinformation flying around from customer service and sales. 


Good luck picking a new plan (As I mentioned the current Optus one seems a good match for you after all that)




Peter Gillespie

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