![\"Derek](\"http:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2013\/01\/derek-hershaw.jpg\")
<\/a>Derek Hershaw<\/p><\/div>\n
ASA sides with Mweb<\/h3>\n
In its ruling on the matter, the ASA laid out the following definitions it uses for broadband products:<\/p>\n
Capped refers to packages that allow you a predetermined amount of data, but terminate connection once you reached this predetermined limit.<\/p>\n
Uncapped refers to packages where your connection is never terminated, irrespective of how much data you use. However, it is accepted that instances of throttling or shaping may well occur at some threshold levels to ensure sustainability of the service for all customers.<\/p>\n
Unlimited refers to instances where there are literally no limits, i.e. no throttling or shaping and no restrictions on use.<\/p>\n
In this particular instance, the ASA said its Directorate \u201cis faced with a conundrum, in that the amount of data used by the two complainants appears to be excessive.\u201d<\/p>\n
According to the ASA, the one complainant had used enough data to fill roughly 174 DVDs (around 817GB), while the other could fill just under 64 DVDs (300GB) with the amount of data they had downloaded.<\/p>\n
\u201cThe respondent [Mweb] pointed out that when the complainants signed up for this contract, they had to actively accept the AUP and agree to abide by it,\u201d the ASA said. \u201cThis means that, when the complainants did so, they effectively agreed not to abuse the system in a manner that would prejudice other customers.\u201d<\/p>\n
Citing information that Mweb had sent the complainants multiple warning letters, and accepting that they are hypothetically reasonable people, \u201cpersisting with impermissible actions despite being warned to stop is not indicative of reasonable behaviour,\u201d the ASA said.<\/p>\n
According to the ASA, a hypothetical reasonable person would presumably alter their behaviour when receiving warning letters from a service provider that they are abusing the system.<\/p>\n
\u201cThis, in turn, would suggest that the complainant\u2019s expectation of an unrestricted free-for-all service \u2013 even if it compromises the quality of other customers \u2013 is neither reasonable nor justifiable,\u201d the ASA said.<\/p>\n
It added that there was nothing before it to suggest that customers who abide by the Mweb\u2019s AUP would see their connection terminated for any reason, which the ASA said means that the references to offering \u201cUncapped\u201d internet are not misleading.<\/p>\n
This article first appeared on MyBroadband<\/a>.<\/p>\n MWEB 20Mbps and 40Mbps uncapped VDSL prices revealed<\/strong><\/a><\/p>\n Telecoms consolidation fever in South Africa?<\/strong><\/a><\/p>\n Mweb uncapped business VDSL prices revealed<\/strong><\/a><\/p>\nMore Mweb news<\/h3>\n