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  • FIRST POST
    • blue-bottle
    • By blue-bottle 24th Feb 17, 11:22 AM
    • 3Posts
    • 2Thanks
    blue-bottle
    Gigaclear terms include permanent Wayleave
    • #1
    • 24th Feb 17, 11:22 AM
    Gigaclear terms include permanent Wayleave 24th Feb 17 at 11:22 AM
    Before signing up for Gigaclear fibre broadband, I suggest that their Broadband Service
    Terms for Residential Customers is given careful consideration, especially the section that allows them to " place apparatus on your property and permits us to keep it there and maintain it. You should ensure that any future purchaser of your property is made aware of the existence of this Wayleave and the position of our apparatus"

    You will note that this does not terminate at the end of the contract, and that it is not limited to the hardware required for your connection, so general network infrastructure could be installed and maintained anywhere on your premises and at any time. (There is no separate Wayleave agreement to scope the types of equipment, access required, repair of damage, etc..)

    Wayleaves are normally used to permit such things as electricity poles and cables for third parties, and are not required for the customer connection, which is covered by the customer service agreement.

    I have checked with Gigaclear, who confirmed that "The wayleave permission as outlined under 2.6 of our residential broadband agreement (attached) is a formality which allows us to keep our apparatus on your land permanently"
    and
    "We do not have a separate set of terms & conditions for wayleave"

    This may be an unfair term, but I have not been able to confirm this yet.

    I have contacted Ofcom, who said that the terms are commercial decisions and not something Ofcom can become involved in. (Strange, because they are a regulator under Schedule 3 of the Consumer Rights Act 2015, with the power to enforce the law on unfair contract terms and notices. )
    I have also contacted the Competition and Markets Authority, where it is in progress.
    Last edited by blue-bottle; 24-02-2017 at 11:38 AM. Reason: Typo in last paragraph
Page 1
    • AndyPK
    • By AndyPK 24th Feb 17, 12:29 PM
    • 2,079 Posts
    • 537 Thanks
    AndyPK
    • #2
    • 24th Feb 17, 12:29 PM
    • #2
    • 24th Feb 17, 12:29 PM
    sneeky

    Thanks for letting us know
    • lashall
    • By lashall 7th Apr 17, 8:39 AM
    • 4 Posts
    • 0 Thanks
    lashall
    • #3
    • 7th Apr 17, 8:39 AM
    • #3
    • 7th Apr 17, 8:39 AM
    Is there any further update on this. I personally spoke to Gigaclear who said they would not attempt to put any equipment on my land other than for my connection. So I said, great no need for it in the contract then, can it be removed......they refused!
    • lashall
    • By lashall 7th Apr 17, 8:44 AM
    • 4 Posts
    • 0 Thanks
    lashall
    • #4
    • 7th Apr 17, 8:44 AM
    • #4
    • 7th Apr 17, 8:44 AM
    Further update, I spoke to a solicitor around this and though they specialised in commercial wayleaves, they couldn't actually understand the need for a permanent wayleave in a residential broadband connection type situation such as this. I have therefore cancelled my connection.....no fibre for me, not with Gigaclear anyway until this is resolved.
    • lee111s
    • By lee111s 7th Apr 17, 9:12 AM
    • 2,701 Posts
    • 1,864 Thanks
    lee111s
    • #5
    • 7th Apr 17, 9:12 AM
    • #5
    • 7th Apr 17, 9:12 AM
    Nose. Face. Spite.
    • bengalknights
    • By bengalknights 7th Apr 17, 9:33 AM
    • 3,998 Posts
    • 1,461 Thanks
    bengalknights
    • #6
    • 7th Apr 17, 9:33 AM
    • #6
    • 7th Apr 17, 9:33 AM
    What area are you in?

    I could do with some gigabit net
    • lashall
    • By lashall 8th Apr 17, 8:20 PM
    • 4 Posts
    • 0 Thanks
    lashall
    • #7
    • 8th Apr 17, 8:20 PM
    Gigaclear wayleave
    • #7
    • 8th Apr 17, 8:20 PM
    Nose, spite, face-
    Hope you are not referring to me. I did not join this forum to trade insults, if you do not have anything constructive to add simply don't it's much easier for all involved.
    • forgotmyname
    • By forgotmyname 8th Apr 17, 9:42 PM
    • 25,102 Posts
    • 9,959 Thanks
    forgotmyname
    • #8
    • 8th Apr 17, 9:42 PM
    • #8
    • 8th Apr 17, 9:42 PM
    Put the account into someone elses name who does not own the property?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • lee111s
    • By lee111s 9th Apr 17, 3:06 PM
    • 2,701 Posts
    • 1,864 Thanks
    lee111s
    • #9
    • 9th Apr 17, 3:06 PM
    • #9
    • 9th Apr 17, 3:06 PM
    Nose, spite, face-
    Hope you are not referring to me. I did not join this forum to trade insults, if you do not have anything constructive to add simply don't it's much easier for all involved.
    Originally posted by lashall
    That was not an insult. If that were my intention, you'd know about it.
    • lashall
    • By lashall 10th Apr 17, 10:06 PM
    • 4 Posts
    • 0 Thanks
    lashall
    I had thought of that but cannot put broadband in someone else's name as the permanent wayleave can only be granted by property/landowner hence in theory Gigaclear will need to have permission from said person.
    • blue-bottle
    • By blue-bottle 8th May 17, 11:28 PM
    • 3 Posts
    • 2 Thanks
    blue-bottle
    A little more information.
    It appears that Gigaclear have a dedicated team for handling Wayleaves in the conventional way (search for gigaclear wayleaves) i.e. a separate written agreement as follows:-

    "A wayleave is the consent in writing that allows us to carry out work on privately-owned land. It’s a written legal agreement between Gigaclear and the land/property owner that grants us access to install, maintain or repair our network equipment.
    All wayleave agreement queries are now handled by our dedicated projects team. For further information please get in touch at .......(see web page for address)"

    I wonder if the Wayleave section in the terms and conditions is a way of slipping this in without the inconvenience and cost of a separate (and properly scoped) agreement (and incidentally not allowing the service UNLESS this is agreed to).

    I have not had a response to my emails to the Wayleaves team requesting a proper scope for the agreement. Maybe someone else will have more luck.
    • blue-bottle
    • By blue-bottle 17th Jun 17, 5:44 PM
    • 3 Posts
    • 2 Thanks
    blue-bottle
    Another minor update. I thought I was making some progress when someone from Internal Sales contacted me to try to get me to sign up, but as soon as I asked about Wayleaves, the responses to my emails stopped. Strange that!
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