I refuse to pay, what are you going to do? Would this ever hold in court?
I refuse to pay, what are you going to do? Would this ever hold in court?
As long as the contract isn’t judged as being unfair (which is very unlikely), then yeah a court will uphold it, and court bailiff will confiscate property to see the fine paid.
Those contract provisions will create a consideration for payment between T-Mobile and their business partner, if their partner breaches the code-of-conduct, and a court will absolutely enforce those provisions. Eventually a court appointed bailiff will be instructed to recover the debt via the confiscation of assets, whether those assets are cash or other property will be entirely down to the solvency of the business the debt is being recovered from.
A court can ultimately do whatever the fuck it wants, sure, but one would expect it not to work.
You seem to be operating under the assumption that gateway providers like Bandwidth don’t all have contracts with T-Mobile which provisions for fines etc in them. I can guarantee you they do, there is zero chance that you can connect to T-Mobile network without entering into an air tight contract with them, which includes clauses to allow T-Mobile to unilaterally bill you for violations of the code-of-conduct.
How on earth are T-Mobile meant to provide any kind of service to gateways if they can’t write contracts with usage billing, and punitive clauses for bad behaviour, which courts will uphold. You’re basically suggesting that T-Mobile aren’t allowed to dictate how gateways use T-Mobile network, they either have to allow people to abuse their network, or simple not allow people to use their network. Which is patently ridiculous.