Bloggers & Law, Internet Law, Legal Tips, M’sian Law News, E-commerce, Inspiring Stories… header image 2

Streamyx Down? Claim for compensation!

March 20th, 2008 · 14 Comments

How much compensation or rebate you can claim for if you experience Streamyx broadband downtime?

ringgit-malaysia.jpg  or  1-ringgit-malaysia.jpg

My streamyx broadband was down since yesterday. This morning I called the technical department and was informed that my line experienced some interruption and they need about 3 working days to fix the problem.

Can you image, 3 working days…!!! that means the soonest I can have internet access will be on next Monday or Tuesday. This is really slow and not acceptable!

Why does the biggest broadband service provider (I guess they have more than 97% of the market presence) in Malaysia needs 3 working days to check a line. Shouldn’t they have a 24 hours technical support team?

In my understanding, even many internet service providers already have 24 hours support team, be it a small data center or mere hosting providers.  

Nevertheless, thereafter I called the billing department and asked if I can claim for rebate or compensation for the non usage of their services.

They officer said “Yes”, but only till they have fixed the problem so that they will know how many days the line was down in order to calculate the amount of rebate to be given.

I am curious to see if they will honour their promise of giving rebate to me for the loss of usage and the rate of rebate.  

Many of my friends also complaint that they cannot access to their Streamyx broadband recently. When I asked if they did ask for any rebate for their bills. Surprisingly, they did not know that they are entitled to do so.

Frankly speaking I did not read the Terms of Use between Streamyx and myself, I am not sure what is the “allowable downtime”.

However, under the law of contract (or tort), a plaintiff is entitled to claim for loss suffered due to the  breach of the provision of contract by (or negligence of) the defendant as long as the former can prove that the loss suffered is not too remote.

So, lets see how fast they can fix my line and what is the rate of rebate.

Tags: Uncategorized

14 responses so far ↓

  • 1 ipohchai // Mar 20, 2008 at 8:38 pm

    woah, like tat i also wan to complain and claim back next time
    their service owez down one itelya

  • 2 Eddie Law // Mar 20, 2008 at 9:33 pm

    ipohchai – I don’t know their service in Ipoh area is also as bad as KL. Go and make claim, next time.

  • 3 heidi // Mar 21, 2008 at 8:48 am

    i think Streamyx will say “thanks” to u when u post this message…they must be very busy to have their customers’ call..hahaha
    i hate Streamyx …never use it again in my life!!

  • 4 Dave // Mar 21, 2008 at 9:22 pm

    I claim for & receive a rebate every time my Streamyx line goes down – I have 2 going to my house so it’s a pretty regular occurence.
    Sure, if it’s down for 3 days you may only get RM8 rebate, but the point is that it costs them more in extra support & accounting staff, and only takes an email from you. Eventually they will figure out that it is cheaper to have a reliable service than to have a crappy service & massive support network.

    Make sure you get a report number so you can check on it as they take a month or two to refund, and I often have overlapping claims so a number is needed to ensure you are both talking about the same claim.

  • 5 Eddie Law // Mar 22, 2008 at 12:55 pm

    Heidi – yah I totally understand your frustration as I can imagine if this would to happen in Hong Kong, I think the next day the head of the technical department would have been fired…hahaha!(may be not that serious lah).

    Dave – Thank you so much for sharing your expereince. What package are u subscribing to? I try to figure out how do they come to RM8 for 3 days.

  • 6 Dave // Mar 23, 2008 at 10:04 am

    I am on the RM88/month package. RM88 for 31 days works out to RM8+ for 3 days. I also have an RM66 package on the other line.

    But it costs them a lot more to process the claim! :-)

  • 7 Tekkaus // Mar 24, 2008 at 5:36 pm

    Yeah! Streamyx is really slow at times. But what to do? Hopefully others will give streamyx a fight just like what we saw happening in the telco business!

  • 8 Eddie Law // Mar 27, 2008 at 12:41 am

    Dave- thanks. I just ragain my connection. In fact, I felt so so frustrated dealing with them as it has been a week that their technician just don’t borther to check my line. I called them almost everyday. But yet they still don’t do their job. They can’t even give me the answer if their technician has check my line….cut the story short, lets see how much compensation I will get this time.

    Tekkaus – Streamyx is the worst telco company in the world, but we got no choice still have to use their service due to the unreasonable policy of the government. Now you can see why M’sia is still far behind in turn of country development. It is not that the people are slow but the policy maker force the people to “act” slow. How to cari makan?

  • 9 felicia // Apr 1, 2008 at 5:57 pm

    you can do so? yours is for 3 days. that’s still ok. we suffered for a week. terrible indeed.

  • 10 Eddie Law // Apr 2, 2008 at 8:06 am

    Felicia- my line was down for 8 days and I have emailed to 2 days ago but till now no reply. How long to take them to reply to you?

  • 11 felicia // Apr 2, 2008 at 10:41 am

    a few days. it was during the election period, so it shouldn’t take too long. try calling them instead. their helpline is okay, nice people actually. just that the connection is screwed up.

    be prepared with your modem serial number and everything. they’ll check for you, and once the problem is identified they’ll come over in a day or two.

  • 12 Josh // Apr 10, 2008 at 8:39 pm

    there is not enough proximity dude…you need to proove that you indeed DID suffer a damage from the non usage of a net (eg: by not being able to access the net, you lost 1mil worth of business) but even that is quite remote..

    most you can do is sue them for breach of contract but however as you dont know the allowable downtime..but to sue you need huge amount of time and money.

    and then, this couldnt be caused by just negligence…unless you can proove the other aprty maybe spilt his coffee on the server or sth like that… getting downtime atm and yesh its frustrating…..

  • 13 Eddie Law // Apr 11, 2008 at 10:31 am

    Hi Josh,

    Thanks for your comment and contribution. Yes, I agree.

    I am wonder has anyone bring this kind of case to the Tribunal for Consumer Claims.

  • 14 I Got Rebate Compensation For Streamyx Broadband Downtime // May 3, 2008 at 12:23 am

    [...] my previous post, I mentioned I was told by Streamyx that I could claim for rebate as compensation for the [...]

Leave a Comment

Disclaimer:Eddie Law is currently not involved in legal practise.This Site is provided for your information only to help you understand some of your legal rights. It should not be relied on as legal advice because it is not a substitute for an in person consultation with a lawyer. Nothing transmitted to or from this Site constitutes the establishment of an lawyer-client relationship between you or any lawyer. Eddie Law shall not be liable for any lost suffered by you as a result of relying on the information herein.