New SERO Oct 1st

[muyoso]

I just envision Nerys in facepaint giving the William Wallace speech from Braveheart and his army being like, "seriously dude, its not that big of a deal, calm down."

[spectheintro]

Originally Posted by nerys

well when did the terms say I COULD NOT use any phone mr. sprint since 2000. I say there was no such rule UNTIL the instinct.

But the Instinct was what, 2 years ago? That ship has sailed, man. Part of the problem here is that the issue you have--with SERO phones being limited at all--was a battle we lost a long time ago. What Sprint basically did was say: "Ok, we're only going to allow this device on this very particular plan." That was the warning shot. And no one really did anything about it.

Afterwards, the rest was pretty straightforward. The thing you're pissed about has been a standing precedent for some time. SERO users can't use Android phones. Been that way for a year now. In this context, I can either be pissed that I can't get Android on SERO, or be pleased that I can get Android on SERO Premium. I choose the latter. Eventually, when the charges get too high, I'll leave. Done and done. If I couldn't leave, then I'd be justifiably pissed. But Sprint has fulfilled its contract with me many times over, as it has with you. You're grossly overstating what Sprint "promised" you. The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down.

[8rotor8]

^^^ You summed that up pretty damned good!

[nerys]

"The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down. "

so where in the contract does it say I can only user current phones? where ANYWHERE in the terms does it explcitly spell out that I was EVER limited on phone selection before the instinct came out?

Explain to me the break down of my argument?

No you can use the we can make changes clause because THATS the argument in play here. I contend they should not be allowed to make such a change.

[nerys]

Double Post from Cellular Post Removed

[8rotor8]

sigh... and again there is nowhere in the contract that you can use what ever phone you want.... jeebus....

[blasphemous_prime]

Originally Posted by nerys

"The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down. "

so where in the contract does it say I can only user current phones? where ANYWHERE in the terms does it explcitly spell out that I was EVER limited on phone selection before the instinct came out?

Explain to me the break down of my argument?

No you can use the we can make changes clause because THATS the argument in play here. I contend they should not be allowed to make such a change.

Originally Posted by nerys

"The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down. "

so where in the contract does it say I can only user current phones? where ANYWHERE in the terms does it explcitly spell out that I was EVER limited on phone selection before the instinct came out?

Explain to me the break down of my argument?

No you can use the we can make changes clause because THATS the argument in play here. I contend they should not be allowed to make such a change.

Dude, once again, you posted the exact same thing twice in 3 minutes or less. Quit spamming the board, and if you wanna act like a spambot, you'll receive affirmative action like one. Now make one post at a time like you're a legit member. Failure to comply will result in pretty severe consequences. This is your first and final warning.

[austin420]

back in my day, "spamming the board" meant something completely different. hehehe. yo, b_prime, why is this thread still even around. im shocked it made it this long!


edit: id be interested to see them drop this badboy down to carrier discussion, just so i could see how many posts nerys has outside of this thread! (off topic posts dont go toward your count...)

[muyoso]

Actually, what would be awesome mods, is if you could just basically clear out all of the comments in this thread except for the original post, so that as the date approaches, which it is rapidly, we could talk with other TP2 owners who are on SERO and discuss relevant topics to the SERO Premium offering. It would also be great if this thread could be kept free of discussion of Sprints moral failings as a company not providing nerys free service for life, but if it stayed on topic.

[spectheintro]

Originally Posted by nerys

"The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down. "

so where in the contract does it say I can only user current phones? where ANYWHERE in the terms does it explcitly spell out that I was EVER limited on phone selection before the instinct came out?

Ok, I can see I'm going to need to bring out the big guns.

Sprint does not have to specify that you can only use current phones. Here is why:

We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). 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 affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

This is a typical contract-change clause. You were provided notice re: the Instinct AND re: Android. Sprint was very public about both. Moving on...

Additional terms will apply to certain Devices and applications (the terms may come from Sprint or a third party) and will be provided with the Device or prior to the use of the application, as applicable.

Another very standard clause that says: "Hey, some of our devices--not enumerated here--may require additional terms." Guess what phones fall into that category?

This is our central issue, Nerys--you're extrapolating that because you COULD activate any phone on SERO that it was a right enumerated in your contract. It was not. The contract refers SPECIFICALLY to the device you INITIALLY activate. The language is very clear here:

If your Agreement requires you to keep a phone active/maintain a line of service for a minimum Term, the Term begins on the phone activation date

What this means is that your agreement is active once you've activated a SPECIFIC phone. Your ability to change that phone is then strictly covered by the above clauses. When you joined, Sprint was not enforcing any additional terms on any of its phones, but it had clearly reserved the right to do so. Whether or not this is legal is up to the courts--but I can tell you that it's pretty standard.

It's like I said, man. This ship has sailed. If this was a problem you had, you should have ended your contract with Sprint last year. Now you're angry because they're "charging" you for something you believe you had, but it's been clearly shown that a.) you never had it, and b.) Sprint's been very upfront that you've never had it.