Having problem with supanet and their £39.99 cancellation charge for ending the BB contract after minimum period. this is their T&C where it state:

14.1.1 Cancellation of your account within 24 months of your
account activation date or most recent upgrade will incur a
cancellation charge of £39.99. If cancellation occurs before the
expiry of the Minimum Period you will also be liable to pay the
Charges that would otherwise accrue during the remainder of
the Minimum Period.


I have originally signed up for an 18 months (online)contract and i am sure this clause has been changed since, but cannot be sure as i ve misplaced the T&C i ve printed at the time.

Question: can this charge be argued as a penalty? Punitive in nature as it only applies for termination after minimum period(18 months), if I terminate my contranct after 24 months this does not apply.

Any help appreciated.