Telephone, Internet or television: performance and evolution of the contract

Verified 07 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your contract for a telephone, internet or television subscription sets out the obligations that you and your operator or supplier must fulfill. What are they? Can you change your contract and automatically renew it? Here's the information you need to know.

The obligations of the operator or the provider of telephony, internet or television services with regard to the performance of the contract are as follows:

  • To provide a service in accordance with the technical and quality characteristics laid down in the contract
  • Ensure continuity and quality of service, except in the case of force majeure or pre-announced maintenance
  • Provide clear information about offers, subscription terms, pricing, terms and conditions of sale, and termination terms
  • Inform the consumer of any change in the contractual conditions at least one month before their entry into force
  • Accurately itemize invoices to accurately reflect the services provided
  • Clearly present prices in the contract and on invoices
  • Provide technical assistance to resolve issues related to the use of the service(s)
  • Prompt intervention to restore service, in case of failure or malfunction
  • Provide customer service to answer questions and process complaints
  • Ensure the confidentiality of customer personal data
  • Take steps to protect data from unauthorized access, loss or destruction
  • Do not charge abusive or disproportionate termination fees.
  • Respect the termination periods provided for by law and the contract.
  • Meet service activation and fault response times.
  • Provide the services and benefits specified in the contract.
  • Establish a fast and accessible complaints handling mechanism
  • Inform the consumer of the possibility to use mediation in the event of an unresolved dispute
  • Comply with applicable laws and regulations regarding telecommunications services
  • Ensuring accessibility of services for persons with disabilities
  • Inform the consumer of his right of withdrawal for 14 days (right to reconsider his decision) in case of subscription at a distance or off-premises (off-store)
  • Provide a withdrawal form and explain the procedure to be followed.

Your operator or supplier must comply with its obligations (commitment) under the contract.

If the service provided does not match the service provided in the contract or the offer announcement, it may be a deceptive marketing practice.

Example :

Your contract for a telephone subscription gives you access to unlimited SMS messages to all operators in France (except certain special numbers). If you are charged for text messages in addition to your package, then this is a deceptive marketing practice.

The trader also has an obligation of result in the provision of the service. It is therefore responsible for the malfunctions encountered during the execution of the services (for example, if your internet connection does not work), except in case of force majeure.

If there is a problem, you can send a formal notice to restore the service to working order. A sample letter is available:

Instruct its Internet service provider to provide the promised service

You can also ask for compensation and non-payment for periods when you were unable to access the service. A sample letter is available:

Seek compensation from your phone or internet service provider

If the operator does not meet its contractual commitments (for example, poor quality of service, frequent interruptions or no service), you can:

  • Terminate your contract free of charge, even if you are still under contract
  • Seek compensation for damage suffered, for example in the event of prolonged loss of connection or degraded service.

The Regulatory Authority for Electronic Communications and Posts (Arcep) may impose financial penalties on the operator in case of non-compliance with its obligations. These penalties may include fines (up to 3% of the operator's annual turnover, or even 5% in the case of recurrence) and a total or partial suspension of its services in serious cases.

As a consumer, you must comply with the following obligations regarding the performance of your telephony, internet or television contract:

  • Respect the payment conditions mentioned in your contract and pay your bills on time.
  • Do not use the services for illegal purposes or contrary to the terms of use (for example: illegal downloading)
  • Respect consumption limits (e.g. data quotas for your internet subscription), and the specific conditions of the subscribed offers
  • Do not share or resell the service to others if prohibited by the contract
  • Take care of the equipment provided by the operator (modem, decoder,...), and use them according to the instructions provided
  • Flip, in the event of termination of the contract, the equipment in the state in which you received it, unless normal wear and tear.
  • Provide accurate and up-to-date personal information during your subscription and inform the operator of any changes (address, bank details, etc.).
  • Promptly report any technical problems or malfunctions so that the operator can intervene to resolve them
  • Comply with all terms and conditions of the contract, including those relating to the minimum duration of engagement and the conditions of termination
  • Respect the notice and termination procedures mentioned in the contract
  • Protect access to the service (such as passwords for online accounts) to prevent fraudulent use
  • Use the services without harming other users or the provider's infrastructure
  • Comply with applicable laws and regulations regarding the use of telephony, internet and television services
  • Follow the complaint procedures provided by the supplier before referring (approaching) a mediator or the courts, in case of disagreement or problem with the service
  • Use mediation in the event of an unresolved dispute with the operator, before considering legal action.

You must comply with the conditions set out in the contract.

You must pay the amounts invoiced on the scheduled date as long as they correspond to the prices and tariffs in force in your contract.

The trader cannot impose direct debit as the only means of payment. He must offer you another means of payment, by check or by transfer for example.

If a fee is requested to use another payment method, the fee must be justified (check processing...).

Please note

If you are in financial difficulty, your operator or supplier cannot charge you fees related to a rejection of payment.

If you do not pay your bills, your operator or your supplier can stop the service and take over the loaned devices (internet box, decoder...).

If you do not comply with your telephone, internet or television contract, or pay your bills on time, you are subject to its penalties. In particular:

  • Late charges
  • Suspension of service
  • Termination of the contract by the operator and payment of early termination fees
  • Charges for non-return of damaged equipment or material
  • Registration in the file of payment incidents following a recovery procedure.

The information differs depending on whether the request comes from the operator or from you:

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At the request of the operator

The operator or supplier cannot change your contract without informing you.

For example, it can't delete a TV channel or lower your mobile data plan without notifying you.

They must notify you of any planned changes to the contract at least 1 month before they are implemented. He may do so by mail or by any other means durable support (e.g. by sending an email).

As soon as your subscription is changed, you have 4 months to accept the changes (in this case, you have nothing to do), or reject them and terminate your contract without charge or penalty. Once your contract is terminated, you will be able to switch operators or suppliers.

At the request of the consumer

You can only request an amendment to your contract if a clause (i.e. a provision) of your contract so provides.

The modification of your contract is materialized either by a new contract or by a agreeable added to your original contract.

The change may result in a longer commitment period.

However, the professional cannot impose a minimum period of engagement of more than 24 months (2 years).

Example :

If you have signed a 24-month contract and request to modify your contract before the end of the 24 months, your operator can offer you an additional engagement period of up to 24 months. To do this, they must offer you the same service for a minimum 12-month engagement period. The duration must be included in your new contract.

We're calling tacit renewal of the contract the automatic renewal of the contract after it has ended. The initial contract must include a clause of tacit renewal so that it can be renewed automatically.

Your operator or supplier must inform you in writing of your right not to renew the contract, even if the contract contains a clause of tacit renewal. It must do so at the earliest 3 months and at the latest 1 month before the end of the period authorizing the rejection of the renewal.

Without information from him, you can terminate the contract immediately and free of charge by registered mail with acknowledgement of receipt.

In the event of a dispute regarding the performance of your contract, you can follow the following steps:

  1. Contact your operator's customer service department to try to resolve the problem amicably. It is important to keep a written record of your exchanges (letters, emails).
  2. Send a letter of formal notice if customer service does not respond or resolve your issue
  3. Alert Electronic Communications and Postal Regulatory Authority (Arcep)
  4. enter the electronic communications ombudsman
  5. Seize departmental services for the protection of populations
  6. Seek judicial remedy if you have not found an amicable solution with the operator
  7. Call on a consumer association to help you in your efforts. In some cases, it can bring collective actions against the operator.

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