What is a material change?

I have just had an email from the CEO of Talk Talk Business making some changes to my package. I still have a year to run on contract but they are withdrawing Worksafe a complementary add on from my package and implementing late fees for late or missed payments.

My question and I have also fired off an email to this effect, is this a material change to my contract so can I leave penalty free. It says and I quote

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

Which to me doesn't make a whole lot of sense.

Well, I wouldn't ask them if these are material changes, I would decide for myself and tell them if I thought the changes were material.

On Worksafe, tell us what impact the loss has. Would you source an alternative? How much would this cost? Or would you do without and what impact would it have?

On the late charges, I think this would be a material change, but this might be harder to argue especially if you are never late or missing payments.

I would think that you can either leave them within the next 30 days free of charge, or continue with the new terms and conditions.

I would expect that the original T&C say that they can make a change in the way they propose. If you have the original T&C you could check.

Thanks for that. I pay by Direct Debit which is organised by the supplier so late fees should never occur.

Worksafe I never use and I would just go without and use another DNS.

What's not clear is in the Price Book the price for my package has gone down (£34.95) from last year (£36.95) but the price I agreed when I renewed my package (£31.95), it's not clear if this applies to me.

It's all a bit academic since I plan to cancel the service within the month but might save me £125 penalty for contract early termination is what I have asked.

In reply to a post by Michael_Chare:

I would think that you can either leave them within the next 30 days free of charge, or continue with the new terms and conditions.

I would expect that the original T&C say that they can make a change in the way they propose. If you have the original T&C you could check.

I have 2 T&C's a General and one they sent me with the agreed renewal price. No mention in the latter of leaving other than the early termination fees.

It's just this 30 day bit that is leading me to believe that there may be a free leaving period.

In reply to a post by Banger:

they are withdrawing Worksafe a complementary add on

Under consumer legislation 'complimentary' items' form part of the contract, I'm not sure if this extends to a business contract which you have with TTB.

Thanks for that. I have been through the T&Cs they sent me and the General ones and there is no mention of mid contract changes.

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

The implication of that wording is that if you *do* contact them within 30 days you can terminate the service (otherwise it would be meaningless).

Therefore, if you were wanting to terminate the service anyway, then phone them up and say you do not accept the changes to the terms and wish to leave.

In reply to a post by candlerb:

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

The implication of that wording is that if you *do* contact them within 30 days you can terminate the service (otherwise it would be meaningless).

Therefore, if you were wanting to terminate the service anyway, then phone them up and say you do not accept the changes to the terms and wish to leave.

That was my first read of it. It sounds rather messy so i would phone in the first instance and comfirm in an email and end early if that is the case

Think the exact phrase is 'material detriment' and while the included service being removed might be debatable the new fee schedule isn't, and they know it which is why the mention of 30 days. You're good to go.