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If my internet provider changes the terms of the contract, can I cancel it?
Portuguese law
CUSTOMER SUPPORT
2 min read
Your provider may amend the contractual terms set out in the contract summary, in particular:
The provider’s name, address and contact details and, if different, the contact details for any complaints;
The main features of each service provided;
activation charges, including the cost of installing the service and any recurring or usage-based charges;
The duration of the contract and the conditions for its renewal and termination;
products and services designed for end-users with special needs;
with regard to fixed internet
(i) the minimum speed: the minimum speed guaranteed by the operator in the contract, meaning that the speed measured at any given time must never fall below this figure, except in the event of a complete failure of the internet access service;
(ii) the speed normally available: the speed the user can expect, most of the time (to be expressed as a percentage, indicating the reference period used for its calculation), when using the internet access service;
(iii) the maximum speed for downloads and uploads: the maximum value defined in the contract that the user can expect at least during a specific period of the day (which must be specified), technically achievable under specific conditions of use/measurement of the contracted internet access service;
• with regard to mobile internet, an estimate of:
(i) the maximum speed for downloads and uploads: the maximum speed realistically achievable under the contract, depending on the location of use, the terminal equipment used and the supporting technology; and
• the remedies available to you, should there be a continuous or recurring discrepancy between the actual speed of the service and the speed specified in the contract.
The operator must inform you, in a clear and comprehensible manner, via a durable medium (e.g. on paper, USB stick, CD), at least one month in advance, of the proposed change.
Once you have received the notice of proposed contract changes, you have 30 days to cancel the contract free of charge if you do not accept the new terms.
However, please note that you do not have the right to cancel the contract free of charge if you do not accept the new terms where the changes proposed by the operator:
i) are more advantageous to you;
ii) do not have a negative effect, for example, if they relate to the operator’s address, are of a purely administrative nature and do not affect you; or
iii) result from the application of a legal provision or a decision by ANACOM.
It is up to the operator to demonstrate that the proposed changes to the contract are made exclusively for the benefit of the end-user or are of a purely administrative nature with no negative effects on the end-user.
Relevant legal provisions:
Electronic Communications Act (enacted by Law No 16/2022 of 16 August) – Article 135
Source: https://www.anacom-consumidor.pt/faq-alteracoes-ao-contrato?q=pergunta_1