Commitment period and notice of cancellation period for telecommunications contracts

How the lock-in commitment period and the notice period works

It is common for telecommunications contracts to have a required notice of cancellation period. Some contracts also have a minimum commitment period. The commitment period and the notice of cancellation period are two different things.

Commitment period

The commitment period means that you are legally responsible for paying for the subscription fees for the entire duration of the commitment period. For example, a commitment period can be for 12 months or 24 months.

You have committed and are liable for the payment for the entirety of the subscription period even if, for instance, you move and the service does not work in your new home.

Do you want to end the contract even though, for exampel, you have five months remaining on it? In this case, the provider of service may require you to pay for the remaining five months in one lump sum.

For consumer contracts, the maximum contractual commitment period is 24 months. It is not acceptable to lock consumers into a longer contract by, for instance offering free months.

Period of notice for cancellation

Many telecommunications subscriptions have a required notice of cancellation period. A notice of cancellation period means that the contract is not terminated immediately when you submit your notice to cancel it, but rather takes effect for instance one month later.

The general rule is that the notice period starts on the day after you give notice of intent to terminate the tenancy and ends one month later. You are liable for payment for the subscription for the entire notice of cancellation period.

An example: If you send in your notice to cancel on 15 January, the contract will end on 16 February. The day the provider received the notice of cancellation of the contract is not counted.

For contracts entered into on or after 1 May 2014, the maximum notice of cancellation period is one month. If you entered into the contract earlier, it may have a longer notice of cancellation period.

Cancelling the contract

Companies cannot require you to terminate the contract in any one specific manner, for example by telephoning. You can choose the method that best suits you, but it is always advisable when cancelling a contract to do it in writing.

If you claim that the contract has been cancelled, you must be able to present evidence to show this. For example, you can send an e-mail with your notice of cancellation. If you send a letter by post, you should keep a copy or take a photo of the letter, and send the letter by registered post. Ask the company to send you an acknowledgement that they have received your notice of cancellation.

Make sure when you contact the company that you are clear about what you want to do, especially if you have several different subscriptions or services with the same company.

Receiving an invoice even though you have cancelled the contract

If you receive an invoice after the expiry of the contractual commitment period and the notice period, you can contest the invoice, i.e. dispute it.

When disputing an invoice, it is important that you contact the company in writing so that you have evidence that you have disputed it and not simply ignored it. For example, you can send an e-mail. If you send a letter by post, it is advisable to send it by registered post. Remember to make a photocopy or take a picture.

You do not need to send a copy of the invoice with your notice that you are contesting it. If you want to send the invoice back to the company, you should send a copy and keep the original invoice for yourself.

Further information about disputing an invoice

Commitment period and what happens when the customer passes away

The demise of a person does not mean that the contract automatically disappears. On the day of demise, the person’s assets including personal belongings, their contracts, and their debts are transferred to an estate.

Some companies choose to terminate the contract immediately upon a customer’s demise, however they are under no legal obligation to do so.

It may occur that there are terms and conditions in the contract that say it can be terminated in advance of its scheduled end date. However, in the absence of such term or condition, it may be difficult to require the company to terminate the contract. It may therefore be that the estate is legally bound by the contract for the remainder of the term of the commitment period.

Swedish Telecom Advisors’ Code of Conduct

The Swedish Telecom Advisors is an organisation that provides free and impartial advice and assistance to consumers concerning television, telephone, and internet service subscriptions. They have also developed a Code of Conduct with their member carriers.

The Code of Conduct states, among other things, that:

“In the event of the demise of the subscriber, any period of notice of termination of the subscription shall be calculated at the latest from the date of the demise of the subscriber. Any charges for the remaining subscription commitment period shall then be waived and cancelled. The provider of services is however entitled to compensation for hardware in accordance with the contract.”

However, not all carriers are members of Swedish Telecom Advisors and consequently those are not obligated to comply with the model rules. But you might argue that the rules can be seen as generally accepted best practice in the industry and should be followed.

The Code of Conduct on the Swedish Telecom Advisors’ website (in Swedish)

The Swedish Telecom Advisors provide advice

You can turn to The Swedish Telecom Advisors (Telekområdgivarna) for advice.

If your operator is a member of the Swedish Telecom Advisors, they may also be able to assist in contacting the company.

The advice is free of charge for you as a consumer.

The Swedish Telecom Advisors’ website (In Swedish)