Antivirus subscriptions and your rights

How antivirus subscriptions usually work

Most vendors sell access for a fixed term, often one year, sometimes longer. You pay at the start and the software works for that period. Common features of these subscriptions include:

• Introductory pricing. The first term is often priced lower than later terms. The renewal price may be shown in smaller text near the offer or only in the terms of sale.
• Automatic renewal. Many subscriptions renew automatically using the card you first paid with, unless you turn renewal off.
• Renewal reminders. Some vendors email a reminder before charging; the timing and format vary.
• Device limits. A plan may cover one computer or several, and adding more may change the price.
• Account-based licensing. The subscription is usually tied to an account you create and activate with the vendor, rather than to a code printed on a box.

None of this is unusual or improper in itself. The issues arise when people do not know a renewal is coming or find cancellation difficult. A few habits deal with most of that.

Staying in control of a subscription

1. Before buying, find the renewal price and the cancellation steps. If you cannot find them, ask the vendor in writing and keep the answer.
2. Take screenshots of the offer at checkout, including the price, term and any conditions. They are useful if a dispute arises later.
3. Keep the confirmation email and store it somewhere you will find it a year later.
4. Put the renewal date in your calendar, a couple of weeks early, with the expected renewal price.
5. Decide whether to keep automatic renewal on. Turning it off straight after purchase means you choose actively each year. Turning it on avoids a lapse in protection. Either is a reasonable choice if made deliberately.
6. Check your card or bank statements around the renewal date.

Cancelling

Cancellation is normally done through your account on the vendor's website. Look for a section such as "Subscriptions", "Billing" or "My account". Things to keep in mind:

• Uninstalling the software does not cancel the subscription. You need to cancel through the account as well.
• If you bought through an app store, you usually cancel through that store's subscription settings instead.
• Save or screenshot the cancellation confirmation.
• If cancellation is not possible online, contact the vendor's support in writing, using contact details from its own website, and keep a copy.
• Watch for retention offers. Vendors may offer a discount to stay; it is fine to decline and complete the cancellation.

If a payment is taken after you cancelled, contact the vendor first with your confirmation. If that does not resolve it, your bank or card provider may be able to help with a disputed transaction.

The Consumer Guarantees Act

The Consumer Guarantees Act 1993 sets out guarantees that apply when a business supplies goods or services to consumers for personal or household use. Consumer Protection explains that these include guarantees that goods are of acceptable quality and fit for their purpose, and that services are carried out with reasonable care and skill. The Act's definition of goods expressly includes computer software.

In practical terms, if software you paid for does not do what it should, or does not match its description, you may have a right to a remedy from the business that supplied it. The remedy depends on how serious the problem is. Consumer Protection's guidance sets out how this works and how to approach the business.

Some points to keep in mind:

• The guarantees apply to purchases for personal use, not to software bought for a business, where the parties may agree to contract out.
• Changing your mind is not usually covered by the Act. Whether you can get a refund simply because you no longer want the product depends on the vendor's own refund policy.
• When a business is based overseas, using your rights in practice can be harder. Check where the vendor is based and how it handles refunds before you buy.

The Fair Trading Act and misleading claims

The Fair Trading Act 1986, enforced by the Commerce Commission, prohibits businesses from misleading or deceiving consumers in trade, including through false claims about price, quality or the need for a product. It also allows a court, on application by the Commerce Commission, to declare terms in standard-form consumer contracts unfair.

For antivirus, this is relevant to the way products are sold. Claims about what a product does, what it costs and whether you need it should be accurate. The same law applies to sites that publish information about products in trade, which is one reason Nexaline sticks to what can be shown and links to its sources.

If you believe a business has misled you, Consumer Protection explains your options, and you can tell the Commerce Commission. The Commission uses reports to decide where to take enforcement action, although it does not resolve individual disputes.

Resolving a problem with a vendor

1. Contact the vendor in writing. Explain the problem, what you would like done, and include your order details and any screenshots. Keep a copy.
2. Allow a reasonable time for a reply, and follow up if you hear nothing.
3. If it concerns a card payment, talk to your bank about the options available to you.
4. Use Consumer Protection's guidance and template letters to set out your rights clearly.
5. Consider the Disputes Tribunal, which hears many consumer claims without lawyers. Check its website for the current limits and fees, and whether your claim can be heard when the business is overseas.

Your personal information

Buying a subscription means giving the vendor your name, email and payment details, and the software itself may send data back to the vendor. Under the Privacy Act 2020, you can ask agencies that hold your personal information for access to it and for correction. The Office of the Privacy Commissioner explains how to make such a request and how to complain if an organisation does not respond properly. When a vendor is based overseas, read its privacy policy to understand which privacy laws it applies.

Questions people ask