This is my take on the letter. After close study this is how it appears to me. I hope this helps. I had a class in business law when I was getting my business degree. Man we would have had a fun time discussing Netpliance!!
The letter applies to units that are "ordered". It clearly states this in the letter. It does not mention "received", "bought last week", "bought a month ago."
So if you had it in your hands and opened the
box prior to receiving this letter, Netpliance does not have a leg to stand on.
For those who fall under the "ordered" category (meaning you do not physically have the hardware in your hands) Netpliance is fair by giving you a way out by either cancelling the order and\or getting a refund at CC. However if after receiving this letter (which I still do not understand how they can prove you did unless they sent it certified mail)you will be under the new TOS
if you choose to take delivery of the IO.
In reading the TOS they do not go into effect until you "open the box". Once you open the
box you have 30 days to not modify the hardware, disable it or break the seals. If you do not sign up for the service within the 30 days they will "slam" your credit card for the cost of the IO. You get a 90 day reprieve if you did sign up for the service and choose to cancel. However, they again give you a way out by allowing you to return the unmodified, unbroken, no warranty seal voided
IO for a refund.
There is no way this letter can be retro active to those that already have the IO. The problem that exists is that this letter needed to be presented at the time of sale for it to be in effect for those units already delivered. Netpliance management incompetency displays itself again!!!
The letter is legal it covers up management's incompetence, but clearly applies to those units on order at CC. Netpliance if you are reading this don't even try to apply this to people that have already taken delivery of their IO. First YOU have to PROVE that those that purchased the IO received the new TOS and agreed to them prior to purchase. This could have been accomplished by either requiring a signature of the purchaser on the new TOS or by placing a clearly worded, clearly visible letter that appears immediately upon opening the box giving the customer the option of returning the IO immediately before breaking the inner seal of
the bag that wraps around the IO (just like the software folks do).
You are lucky that I do not work at Netpliance because I am not afraid to let management know the truth. You would be catching hell from me!! Most likely you would have fired me by now because you would not know how to handle the truth.
How could you take a good business idea and blow it all to hell!! By incompetence and lack of common sense that's how!!! You think you know it all. Well it is quite obvious you don't!!! Incompetence and lack of responsibility is one of my pet peeves. The Lord gave you a brain...USE IT!!
I feel sorry for those that are employed under you because I bet you there are employees that are highly disappointed in the
last month's actions of management.Companies fail because of lack of Vision...Mission...Management and Leadership. Without a vision the people will perish.
Companies rarely fail because employees do not care. They fail because management does not get it. Management chooses to listen to themselves and not their market nor subordinates that have excellent ideas. They choose to surround themselves with other incompetent individuals to protect their weakness this is quite obvious at NP. It is not unique to NP it happens in corporate America everyday.
Sooo...Netpliance step back get a good look at the big picture and stop being so incompetent.
Guys and Gals I am sorry for ranting and raving, but managment incompetence just chaps my hide!! I deal with it everyday because people do not use their brains. Sure we all make mistakes, but three strikes and you are out!! It looks as if NP has finally figured out a way to reach their intended market from this point on. I do not believe they can retro actively apply the new TOS to those that already have your IO. They are only trying to protect their interests which is their buts and their shareholders.
NP Management...why do you still insist on selling a product through retail outlets without enforcing the new TOS at time of sale??? Why can one still walk into Comp-USA and walk out without agreeing to the TOS?? I paid by cash so good luck in trying to tack it on me!!! You still don't get it do you??
Please do not flame me the new TOS was going to happen sooner or later.