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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If someone is reselling a service do they legally have to tell

Resolved Question:

If someone is reselling a service do they legally have to tell you who is providing it?
We have a situation where we have purchased connectivity between two data centres. We pay our provider who we know doesn't own the infrastructure used to connect the two buildings.
Problem is it went down the other day and we are trying to find out who owns the actual links, so we can make sure they are a reputable company.
Our provider wont tell us who they use (no idea why).
We also need to know the companies involved with our connectivity so we can add our own redundancy with other suppliers. If we don't know the current suppliers name we have no way knowing if we have selected someone different
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is anything in the contract about that obligation please?

Customer:

there isn't anything specific in the contract saying they would or wouldn't disclose the information. They will only tell us they are using a third party. We signed up we didn't think this would be an issue. We work with other suppliers providing they same service, they have always provided any required information

Alex Watts :

Did they ever tell you they were directly providing the service rather than 3rd party?

Customer:

no, we have always known it would be provided by a third party. We just pay their bill, any support issues they are our point of contact. As an example though my home broadband is supplied by EE, but I know BT own the infrastructure it runs on.

Alex Watts :

Ok. They do not have to disclose it.

Alex Watts :

As you say you can go to Tiscali who sell the service but as you say BT own it and just rent it out to them.

Alex Watts :

So unless they are doing anything that is misleading then no they do not have to tell you.

Alex Watts :

Tiscali dont say come to use for broadband, provided by BT

Alex Watts :

Your contract is with the company you contracted with

Customer:

well I cant tell if we are being mislead or not as I have no information on it or anyway to prove it is what they are selling

Alex Watts :

Their contract is with the third party.

Alex Watts :

As long as the company you contracted are providing the service then that is enough

Customer:

agreed, but Tiscali would tell the customer the problem is with BT :)

Alex Watts :

You have no right to demand who their provider is.

Alex Watts :

No they wouldn't neessarily - you would get through to Tiscali helpline, not BT

Customer:

OK, if that's the law nothing I can do - Thank you

Customer:

then the BT engineer turns up at your house

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Yes but in THAT example its a matter of contract between Tiscali and BT

Alex Watts :

Its nothing to do with you, their arrangements

Customer:

im not blaming you, if that's the law then nothing I, or you can do

Alex Watts :

The same with Tesco selling beans, they dont tell you who has made them. It could well be Heinz

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

nope that's all, thank you

Alex Watts :

Great. Can I help with anything else today that might be troubling you?

Customer:

nope that's it

Alex Watts :

Legal of course, I can't help with flu!

Customer:

no flu today

Alex Watts :

Great. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you