The story about "Domolink"
I want to tell a story that has its roots in the distant 2007 year.
In my house a local network was organized, the number of computers in which, at the best of times, was about 70 machines, 40 of which used the Internet. In my area with the Internet it was very tight, and by agreement with a small provider, the SHDSL-line was carried out to me, which allowed pumping data from the Internet at a speed of 1 Mbit / s for our region at that time. It is terrible to imagine that the provider then sold us each megabyte of 1.5 rubles. But the story is a little about that.
In principle, everyone was happy and carefully pumped out what interested them, and I gave the provider a monthly amount of 10-15 thousand rubles. But one day the line died, the provider said that it was locked somewhere in the well and is unlikely to be restored in the near future. Therefore, it was necessary to find at least some alternative, for a week I left the people sitting at my WiMax-point, and he was looking for some ways out of this situation, because the channel on the radio was quite narrow (256 kbit / s).
')
Finding no other solutions, I went to CenterTelecom (which owns the trade name Domolink) and on May 15, 2008 concluded an agreement. Eh, if I knew what would happen next ...
I miraculously won the simple ADSL modem right after connecting to the action, concluded an agreement, paid a monthly fee for a month (720 rubles). I already had the experience of connecting ADSL modems by that time and I thought that everything would go smoothly. After 3 days of talking with technical support and lowering the speed of the line up to the speed of the tariff, the modem did not work normally, breaking the connection every 5-10 minutes. Okay, I took another modem from a friend in the warehouse, brought another modem from the dacha. At best, each of them kept the connection for 2-3 hours, which, of course, is better, but still unacceptable. If reconnecting occurred, then it would be possible to suffer, but it was necessary to turn the modem on and off.
After about a month and a half of such torments, Ethernet was finally pulled into my porch from another provider, and I safely forgot about Domolink, which, at the beginning of July, had a little more than 200 rubles left. I note that Domolink has such a feature - if on the 1st of the month the amount on the account is less than the subscription fee, then Internet access is automatically “chopped off”.
I enjoyed a cheap and almost bug-free Ethernet, and then I got a free channel. Beauty!
But in April 2009 I received a bill from Domolink in the amount of 5,637 rubles 42 kopecks . When I reread the contract, it became a bit sad. I don’t want to talk for a long time about the fact that I couldn’t keep such a payment plan even in my head, and that Domolink considers it necessary to pay “for air”. I roughly imagine the cost of the port I occupied. There was not even a thought that all Domolink subscribers also potentially (read - as soon as they stop paying) are sitting on this hook. All right, in accordance with the contract, they had the right to monthly withdraw a monthly fee. After a couple of days, I decided to google and found the Rules for the provision of telematic communication services that come into force on January 1, 2008 (that is, at the time of signing the contract, the law entered into force).
Several clauses of the contract were incompatible with federal law, but most of all I was pleased with the following:
Paragraph 32. Payment for telematics services rendered may be carried out using a subscriber, time-based or combined payment system, according to the amount received, and (or) transmitted, and (or) sent, and (or) processed, and (or) stored information or in fact providing a single service.
The telecommunications operator is not entitled to demand payment for the provision of telematic communication services for the period during which the provision of telematic communication services was suspended in accordance with the legislation of the Russian Federation.
The telecom operator is obliged to keep personal accounts of subscribers, which reflect the flow of funds to the telecom operator, as well as the write-off of these funds to pay for telematic communication services provided in accordance with the contract.
Clause 38. The basis for invoicing a subscriber or debiting funds from a personal account for the provided telematic communication services is data obtained using the equipment used by the communication operator to account for the volume of provided telematic communication services.
Right on the bill is written "The amount of data transferred: 0 MB." Well, in an hour I write a complaint, print out in duplicate and go to their office. I find the claims department, the displeased aunt reads it, puts the date and the inscription “claims sector” on my copy. Please put a seal, the number of the incoming, a signature and a transcript, the aunt dissatisfied draws the signature and the inscription "operator". I return to her again, we swear for a long time, at last she puts her full name, telling me fairy tales that she can’t enter the incoming number without a seal, and only the secretary, who is on vacation and doesn’t enter anyone’s office, can print the stamp. Again we swear for a long time and, thinking that, in principle, I have enough of her astrakhan, I go home. I was pretty sure that Domolink would not go to court, firstly, because of the amount ridiculous by their standards, and secondly, after my fairly competently composed, I think, claims.
Nevertheless, invoices for payment of communication services continue to come every month, and I calmly feed them a shredder.
And in early August 2010, a bailiff called up to my case was called home. He said that on April 9, 2010, the justice of the peace issued a court order, under which I am obliged to pay 5,837 rubles 42 kopecks Domolinka (200 rubles is the state duty to the court). Again, google, I find my district court in the world, quietly delving into what it all is and how to appeal or something like that. I come to court, pick up a copy of the court order from the secretary, put a date on it and sign that it was received on the hands on August 11.
After a couple of days, I come to court again to familiarize myself with the case, photograph interesting documents (a total of about 100 pages), again sign for acquaintance with the case and sit down at the computer again.
Did you see it? Have you seen? " PAYMENT OF TRAFFIC ON THE INTERNET ADSL - ROS. OPERATOR ". What traffic?
As it turned out, canceling a court order is simple enough; it’s enough to write to the Justice of the Peace any reasonable reason (which I, of course, had) to disagree with the order. I am writing a statement, I consult, I take the statement to the court, I sign again. However, due to carelessness in the application, I wrote instead of July August.
A week later, the secretary gives me a decision to cancel the court order. Naturally, my signature is required. I called up with the bailiff, I took him to the determination, the production in my case is terminated.
Total. In time, the contract not terminated with the provider can play a cruel joke not only on your budget, but also on nerves and time. In addition to having spent time and energy only on writing all the pieces of paper, I had to go once to the provider’s office, four times in a magistrate’s court and once to the bailiff. Pleasure is not pleasant. It is possible that my story is not over yet, but I doubt it. Be careful when signing contracts and do not be afraid to assert your rights.
PS A bit later, the same story happened to “Comstar”, but the case hasn’t reached the court yet :)
UPD. Promptly. At 2:42 pm, they called from an incomprehensible “pretrial department” of an incomprehensible company about the debt to ComStar. They asked if I would voluntarily pay the debt. They promised to send an exit group to the place of residence. Phone +7 (495) 663-14-81. If someone can, help find out who it was.
In my house a local network was organized, the number of computers in which, at the best of times, was about 70 machines, 40 of which used the Internet. In my area with the Internet it was very tight, and by agreement with a small provider, the SHDSL-line was carried out to me, which allowed pumping data from the Internet at a speed of 1 Mbit / s for our region at that time. It is terrible to imagine that the provider then sold us each megabyte of 1.5 rubles. But the story is a little about that.
In principle, everyone was happy and carefully pumped out what interested them, and I gave the provider a monthly amount of 10-15 thousand rubles. But one day the line died, the provider said that it was locked somewhere in the well and is unlikely to be restored in the near future. Therefore, it was necessary to find at least some alternative, for a week I left the people sitting at my WiMax-point, and he was looking for some ways out of this situation, because the channel on the radio was quite narrow (256 kbit / s).
')
Finding no other solutions, I went to CenterTelecom (which owns the trade name Domolink) and on May 15, 2008 concluded an agreement. Eh, if I knew what would happen next ...I miraculously won the simple ADSL modem right after connecting to the action, concluded an agreement, paid a monthly fee for a month (720 rubles). I already had the experience of connecting ADSL modems by that time and I thought that everything would go smoothly. After 3 days of talking with technical support and lowering the speed of the line up to the speed of the tariff, the modem did not work normally, breaking the connection every 5-10 minutes. Okay, I took another modem from a friend in the warehouse, brought another modem from the dacha. At best, each of them kept the connection for 2-3 hours, which, of course, is better, but still unacceptable. If reconnecting occurred, then it would be possible to suffer, but it was necessary to turn the modem on and off.
After about a month and a half of such torments, Ethernet was finally pulled into my porch from another provider, and I safely forgot about Domolink, which, at the beginning of July, had a little more than 200 rubles left. I note that Domolink has such a feature - if on the 1st of the month the amount on the account is less than the subscription fee, then Internet access is automatically “chopped off”.
I enjoyed a cheap and almost bug-free Ethernet, and then I got a free channel. Beauty!
But in April 2009 I received a bill from Domolink in the amount of 5,637 rubles 42 kopecks . When I reread the contract, it became a bit sad. I don’t want to talk for a long time about the fact that I couldn’t keep such a payment plan even in my head, and that Domolink considers it necessary to pay “for air”. I roughly imagine the cost of the port I occupied. There was not even a thought that all Domolink subscribers also potentially (read - as soon as they stop paying) are sitting on this hook. All right, in accordance with the contract, they had the right to monthly withdraw a monthly fee. After a couple of days, I decided to google and found the Rules for the provision of telematic communication services that come into force on January 1, 2008 (that is, at the time of signing the contract, the law entered into force).
Several clauses of the contract were incompatible with federal law, but most of all I was pleased with the following:
Paragraph 32. Payment for telematics services rendered may be carried out using a subscriber, time-based or combined payment system, according to the amount received, and (or) transmitted, and (or) sent, and (or) processed, and (or) stored information or in fact providing a single service.
The telecommunications operator is not entitled to demand payment for the provision of telematic communication services for the period during which the provision of telematic communication services was suspended in accordance with the legislation of the Russian Federation.
The telecom operator is obliged to keep personal accounts of subscribers, which reflect the flow of funds to the telecom operator, as well as the write-off of these funds to pay for telematic communication services provided in accordance with the contract.
Clause 38. The basis for invoicing a subscriber or debiting funds from a personal account for the provided telematic communication services is data obtained using the equipment used by the communication operator to account for the volume of provided telematic communication services.
Right on the bill is written "The amount of data transferred: 0 MB." Well, in an hour I write a complaint, print out in duplicate and go to their office. I find the claims department, the displeased aunt reads it, puts the date and the inscription “claims sector” on my copy. Please put a seal, the number of the incoming, a signature and a transcript, the aunt dissatisfied draws the signature and the inscription "operator". I return to her again, we swear for a long time, at last she puts her full name, telling me fairy tales that she can’t enter the incoming number without a seal, and only the secretary, who is on vacation and doesn’t enter anyone’s office, can print the stamp. Again we swear for a long time and, thinking that, in principle, I have enough of her astrakhan, I go home. I was pretty sure that Domolink would not go to court, firstly, because of the amount ridiculous by their standards, and secondly, after my fairly competently composed, I think, claims.
Nevertheless, invoices for payment of communication services continue to come every month, and I calmly feed them a shredder.
And in early August 2010, a bailiff called up to my case was called home. He said that on April 9, 2010, the justice of the peace issued a court order, under which I am obliged to pay 5,837 rubles 42 kopecks Domolinka (200 rubles is the state duty to the court). Again, google, I find my district court in the world, quietly delving into what it all is and how to appeal or something like that. I come to court, pick up a copy of the court order from the secretary, put a date on it and sign that it was received on the hands on August 11.
After a couple of days, I come to court again to familiarize myself with the case, photograph interesting documents (a total of about 100 pages), again sign for acquaintance with the case and sit down at the computer again.
Did you see it? Have you seen? " PAYMENT OF TRAFFIC ON THE INTERNET ADSL - ROS. OPERATOR ". What traffic?
As it turned out, canceling a court order is simple enough; it’s enough to write to the Justice of the Peace any reasonable reason (which I, of course, had) to disagree with the order. I am writing a statement, I consult, I take the statement to the court, I sign again. However, due to carelessness in the application, I wrote instead of July August.
A week later, the secretary gives me a decision to cancel the court order. Naturally, my signature is required. I called up with the bailiff, I took him to the determination, the production in my case is terminated.
Total. In time, the contract not terminated with the provider can play a cruel joke not only on your budget, but also on nerves and time. In addition to having spent time and energy only on writing all the pieces of paper, I had to go once to the provider’s office, four times in a magistrate’s court and once to the bailiff. Pleasure is not pleasant. It is possible that my story is not over yet, but I doubt it. Be careful when signing contracts and do not be afraid to assert your rights.
PS A bit later, the same story happened to “Comstar”, but the case hasn’t reached the court yet :)
UPD. Promptly. At 2:42 pm, they called from an incomprehensible “pretrial department” of an incomprehensible company about the debt to ComStar. They asked if I would voluntarily pay the debt. They promised to send an exit group to the place of residence. Phone +7 (495) 663-14-81. If someone can, help find out who it was.
Source: https://habr.com/ru/post/103344/
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