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Dave arranged for a cable TV service to be installed at his home by Acme TV Pty Ltd ('Acme'). When the technician, Veronica, came to
Dave arranged for a cable TV service to be installed at his home by Acme TV Pty Ltd ('Acme'). When the technician, Veronica, came to install the cabling and set-top box, she presented Dave with a long contract and told him he had to sign this before she activated the service. Some of the terms of the contract are as follows: a. Acme may delete any 'discontinued' channels (channels that are no longer available) from the subscription and replace them with other channels that provide similar content. Customers have the option of removing the replacement channels from their subscription (i.e., not paying for them) if they don't like them. b. Acme may increase the costs of any subscription in its own discretion and without notice to the customer. c. The customer agrees not to cancel the service within 12 months, unless they pay a $50 'exit fee' to cover the cost of retrieving the cabling and other equipment. d. The customer has no right to a refund in the event of poor reception. Dave read as much of the contract as he could, but he couldn't read the whole thing while the installation was being done. He signed it all the same and gave it back to Veronica before she left, only to discover later that the reception was quite fuzzy. i. What kind of contract is this? ii. Consider the terms of the agreement. Are they fair or unfair? Explain why or why not for each term. iii. Can any unfair terms be enforced against Dave
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