ISP's duty of care

Posted on 2010-01-05
Last Modified: 2013-12-24
Hi Everyone,

Our company got a bill for $25,000 this month due to excessive usage on one of our links. I had a look at the site for this months currect usage, and already we have exceeded the cap by so much that I anticipate another $25,000 bill heading our way next month.

My question is, is there any duty of care for the ISP to atleast inform someone that this is happening? it was a virus on a rogue pc that did all the damage, and I am mad as hell that the ISP didnt bother to say anything for two months.

I know the responsibility is on us to watch our usage, it slipped through due to a lack of attention over the christmas break, but surely the ISP is accountable when they let these kind of excesses continue without even a phone call.

Should I get a lawyer invovled? What is our options?
Question by:Network_Padawan
    LVL 5

    Accepted Solution

    You options:

    1> Pay the bill.  You sound like you signed a contract to pay by the drink.

    2> Negotiate with them.  Approach with a good attitude and say "We know we used it.  We will continue to use it".  Negotiate a higher committed bandwidth rate.  Commit for 1-3 years and they may waive the bill.  We do that all the time to keep a customer.  Since if they hold your feet to the fire on #1 you'll just keep that in mind when the contract is up and you put out the service to bid.

    I often don't know a customer has exceeded their bandwidth until the end of the month when I run my reports.  They are probably in the same boat.  Give your ISP a break too -- they have upstream providers as well.


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