Telecommunications (Broadband)

The advertisement provided the following information:

“Free Sky Broadband for 6 months when you take Sky TV with Netflix from €30 a month.

For new and existing TV customers. Broadband 18-month minimum term. Chat to an expert today.

Availability subject to location, new and existing TV customers. Sky Broadband €0 for 6 months; from €55pm thereafter. 18-month minimum term. Sky TV with Netflix basic from €30pm for 12 months from €51pm thereafter. 12-month minimum term on Sky TV. Includes Netflix Basic RRP €8.99. Netflix terms of use apply. Further terms apply. For more info see Sky.ie/speeds”.

Eir raised the following issues in relation to the advertising:

Issue 1 – Terms of Contract
Eir considered the offer to be confusing and difficult for the average customer to understand. They said that while it lured the customer in with an attractive free promotion, they were then locked into a complicated contract that only lasted a short period of time.

Eir said that while the advertising had clearly referred to an 18-month contract for broadband, a 12-month contract had been offered in the order flow. When the sale was completed, a welcome email confirmed that the broadband service was in fact an 18-month contract.

Issue 2 – Pricing:
After much investigation eir said it was their understanding that after the 6 months, there was an increase in prices, and therefore, the free promotional period was misleading and confusing to understand.

They said the information provided in the advertising differed from the experience online. The prices were different – after price of €60 for BB (500 speed) and €46 for TV and Netflix.

Issue 1 – Terms of Contract
The advertisers said that the minimum term attached to each service had been clearly communicated in their advertising. There was a 12-month minimum term on TV. And 18-month minimum term on Broadband, with Sky TV and Broadband being sold under separate contracts, therefore, they considered that the terms for each product had been clearly communicated to their customers.

They said that while there had been a slight glitch in their system which had pulled through incorrect information, this had been very quickly fixed once it came to their attention.

Issue 2 – Pricing:
In relation to the pricing for broadband, the advertisers said that the offer had included their Fibre to the Cabinet (FTTC) and their Fibre to the Home (FTTH) products. FTTC had a standard price of €55 per month and was more widely available than FTTH. They said eir had been incorrect in saying that the ‘after price’ communicated by them was €55 when their advertising had clearly indicated a “from €55” price point. They said that eir appeared to be referring to their FTTH option which was the more expensive broadband option available.

In conclusion the advertisers said that this offer had now come to an end.

Complaint not upheld.

The Complaints Committee considered the detail of the complaint and the advertisers’ response.

Issue 1 – Terms of Contract – Not Upheld
The Committee noted that the body copy of the advertising had clearly referred to the fact that broadband was being offered for free for 6 months when taken alongside other elements of the package and that the minimum term attached to the duration of the broadband contract was 18 months. They also noted the error that had occurred with the incorrect information being pulled through during the online journey but that the timeframe as refenced in the advertisement had been correct.

As the advertising had set out the different contract terms for the two products on offer, neither of which the Complaints Committee considered to be particularly short, they did not consider the advertising to be misleading or to be in breach of the requirements of the Code.

Issue 2 – Pricing – Not Upheld
The Complaints Committee noted that the price indicated in the advertisement for broadband was “from €55” and as the standard FTTC was available at that price, they did not consider the advertising to be misleading or to be in breach of the requirements of the Code.

Action required:
No further action required in this case.