Service Provider Interruption Of Access To Network – Oregbemhe

A Telecommunications Service Provider's Wrongful Interruption of a Subscriber's Access to Network Usage: Any Right of Action?¹

The relationship between a service provider and its subscriber is contractual.² The contractual nature of the relationship is evidenced by the purchase of a Subscriber Identification Module ("SIM") Pack. It is beyond doubt that once a subscriber purchases a SIM Pack from a service provider, a contractual relationship is thereby created. The contractual relationship is in the nature of an adhesion contract as the subscriber negotiates from a weaker position. The service provider dictates the terms and conditions of the contract and presents them to the subscriber on a "take it or leave it" basis. The subscriber is not given any opportunity to negotiate terms with the service provider as the terms of the contract are always in a standardised form. The standard form of the contract is akin to aviation or insurance contracts when the passenger