The General Terms of Service (“Terms”) may be updated from time to time. We will inform you by email of important changes to your Agreement.
Your Agreement is with People’s Fibre Ltd. People’s Fibre Ltd is a company incorporated in England and Wales with the company registration 11895073. Our registered office is at International House, 12 Constance Street, London, United Kingdom, E16 2DQ.
YOUR AGREEMENT WITH PEOPLE’S FIBRE
Your Agreement with people’s Fibre is made up of the following Terms, plus your Order Confirmation stating which services you have opted for and when applicable, Offer Terms (where you have received a special offer for your service from People’s Fibre).
Please also take a look at our Privacy and Fair and Acceptable Use Policies, which are also an important part of your Agreement with us. You can find these documents on the People’s Fibre website: www.peoplesfibre.co.uk.
1.1 You are becoming a customer of People’s Fibre Ltd. People’s Fibre Ltd is a company incorporated in England and Wales with the company registration 11895073. Our registered office is at International House, 12 Constance Street, London, United Kingdom, E16 2DQ. People’s Fibre is a provider of Full Fibre (FTTP) Broadband services in the UK. People’s Fibre builds and operates our own network and therefore we have full control of the service we offer and can make Full Fibre broadband affordable.
1.2 You must be over 18 years old to enter into this Agreement. The address stated on the order is the location where our Service will be installed and activated for your use. The Agreement cannot be transferred to any other address or another individual.
1.3 You must be the current occupier of the property and have the permission of the property owner for us to install the People’s Fibre Services at your address. You must provide access to your property if this is necessary for us to provide the Services.
1.4 Agreement start date. The Agreement starts when you sign up for People’s Fibre broadband service. You have 14 days cooling-off period from the date of signature in which to cancel service without an early termination fee. Offer Terms may have an extended cooling-off period.
The 12 month contractual commitment starts from the date when we connect your service (when your connection goes ‘live’).
When you join People’s Fibre we will agree certain details with you and set them out in your Order Confirmation. This document includes important information such as:
1.5 The Price Guide sets out current pricing information. This includes fees early termination charges; and optional services and features that can be added to your package. All these charges will be added to your bill.
1.6 One-off charges. Delivery charges, router fee, connection, activation and installation charges may apply. You will be informed of these charges (if they apply) when you order the Services.
1.7 You will take a Home Broadband Service or a Business Broadband Service, and this will be stated clearly in your Service Confirmation. You must not use Home Broadband Services wholly or mainly for business purposes.
2.1 Your legal right to cancel a service starts the moment you enter into the agreement and lasts 14 days.
This cooling-off period does not affect your right to cancel as a result of problems with your broadband speed, as set out in paragraph 4.9.
2.2 Waiving your cooling-off period. If you make an express request for work to begin early, you cannot cancel without liability.
2.3 If the Service you are cancelling is a package change, a re-contract or add-on to an existing Agreement, upon cancelling the Service we reserve the right to move you back to your previous Agreement terms or to the closest matching service.
3.1 People’s Fibre Services will be supplied using a fibre optic cable all the way from the People’s Fibre exchange to your premises. This is called Fibre to the Premises (“FTTP”), or Full Fibre.
3.2 Installation Demarcation Point. People’s Fibre will install your fibre connection to the outside of your premises, to a position known as the Installation Demarcation Point. For information on where this Demarcation Point is typically located please contact our Support team. Residential customers are responsible for any damages to cabling and/or equipment after the Installation Demarcation point. See section 3.14.
3.3 The Electronic Communications Code. We provide our Services over Electronic Communications Apparatus, including fibre optic cables and related equipment, which is placed in the public highway and in private property using rights granted to People’s Fibre as a Code Operator under the part of the telecommunications legislation known as the Electronic Communications Code.
3.4 Order to installation timing. We want your Services to be up and running as soon as possible after we receive your order. People’s Fibre endeavours to complete your external installation within four weeks of order. Most installations are completed sooner. Some may take longer for reasons that cannot reasonably be anticipated, such as blockages within the existing underground ducts in which your fibre optic cable will be installed. We will always keep you updated regularly on the progress of your installation via email.
3.5 Access to the Installation Demarcation Point. You must ensure that there are no obstructions outside that will prevent access to the Installation Demarcation Point on your installation date and thereafter. If the existing route to the property from the proposed Installation Demarcation Point is obstructed for any reason, People’s Fibre reserves the right to change the Installation Demarcation Point to the boundary of the property or to where People’s Fibre sees best fit for installation.
3.6 The internal installation options. You have two options for the internal installation, which extends the fibre optic connection cable from the Installation Demarcation Point to a suitable location inside your premises for your customer premises equipment: 1) Independent Installation (Business customers only); or 2) People’s Fibre Approved Installation.
3.7 Independent Installation (Business customers only). You, or an appropriate service provider that you have chosen and commissioned, will carry out the work to connect from the Installation Demarcation Point on the outside of your premises to the required location for your terminating equipment inside your property. You must read the Installation Guide we provide carefully before attempting the internal installation. You must not attempt to connect your modem and router boxes yourself; this must be done by a qualified People’s Fibre installation technician once your internal installation is complete. The fibre optic cable is designed to be appropriately robust, however it is protecting very delicate glass fibre strands and therefore needs to be handled with care. If you damage the cable or other equipment you will be charged for replacements.
3.8 People’s Fibre Approved Installation. The charge for People’s Fibre approved installation is set out in the Price Guide or as otherwise agreed with us.
3.9 Non-standard installations. A standard installation is one that follows the conditions set out in Section 3.8. If your requirements are not met by the standard installation then you must accept the charges for engineering time and cabling required to meet the non-standard specification (which we will quote to supply), alternatively business customers can opt for an Independent Installation and find a suitable trades-person, who can complete the work for you.
3.10 Installation damage to your property. We will make good any damage to your property caused by us while installing your service. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the installation services. People’s Fibre is not liable for minor cosmetic damage or damage to decorative finishes that may result from the installation.
3.11 FTTP Service Activation. If you have purchased the People’s Fibre Approved Installation, the technician will endeavour to connect your router and modem and activate the service during the same appointment as the internal installation. If you have opted for the Independent Installation, you will need to arrange an appointment for the connection of your router and modem by booking an appointment on the People’s Fibre website or by calling our Support Team, before you can use your Service.
3.12 The Activation Fee is collected on your first bill and this is issued on the earlier of either (i) Your FTTP Service Activation taking place; or (ii) Two weeks after we have installed the Service to the Installation Demarcation Point and informed you that the connection is ready for service (relevant for Independent Installations only).
3.13 Damage to the cable or equipment (Residential Service). For the duration of this Agreement, if for any reason the cable or equipment beyond the Installation Demarcation Point is damaged and needs replacing, you will be liable for all fees including engineer call out charges. You are also responsible for the upkeep of equipment from the Installation Demarcation Point onwards.
3.14 Damage to the cable or equipment (Business Service). For the duration of this Agreement, People’s Fibre will take responsibility for any damages that may occur to the cable or equipment up to the Service Demarcation Point (CPE). You are also responsible for the upkeep of equipment and cabling after the Service Demarcation Point. See section 4.1.
4.1 Service Demarcation point. It is important to know where the responsibility for the Service is handed over from People’s Fibre to you. All service issues beyond the People’s Fibre Service Demarcation Point are the responsibility of the customer. The Service Demarcation Point is the Customer Premises Equipment (CPE) supplied by People’s Fibre, with the CPE connected to the external fibre (the Installation Demarcation Point), which is usually on the wall external to the property, using a People’s Fibre fibre patch lead. The CPE is People’s Fibre’s responsibility if in warranty and reset to the current standard settings as recommended by People’s Fibre.
Please see sections 3.13 & 3.14 for clarifications on responsibilities in the event of damage to the cable or equipment (3.13 for residential & 3.14 for business customers)
4.2 Service availability. We do not commit to providing the People’s Fibre Services until we have successfully completed our checks and surveys. If the cost of installation and maintenance of the People’s Fibre Services are excessive we reserve the right not to provide a service to you.
4.3 Cancelling your current broadband services. You may wish to cancel your previous broadband services with your service provider if the services are no longer needed. You must cancel these yourself directly with your service provider. We advise that you do not cancel any agreements until the People’s Fibre Services are successfully activated. If you do not cancel your previous agreements, you will continue to be charged by both People’s Fibre and your previous service provider(s).
4.4 Using the Services. People’s Fibre Home Broadband Services are supplied only for non-commercial use. You must have a People’s Fibre Business Services Agreement for a broadband service that is used wholly or mainly for business purposes. All Services are supplied in accordance with our Fair and Acceptable Use Policy.
4.5 Restrictions. You are responsible for other people that use your equipment and Services. You must not use our Services in any way that is unlawful or illegal in respect to the laws and regulations in force in the United Kingdom. Furthermore, you must not use our Services in any way that is to the detriment of other Internet users. For more information on using our Services and restrictions please review our Fair and Acceptable Use Policy. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the Services supplied under this Agreement, and you agree to indemnify us if we suffer any losses as a result of your misuse of our service.
4.6 Downloading third party content. A copyright owner’s permission may be required for downloading protected content. Downloading protected content without the copyright owner’s consent may constitute a criminal offence. Please see our Fair and Acceptable Use Policy.
4.7 Broadband Speed. We will supply the broadband speed that you have purchased. Most customers receive this full speed, measured in Mbit/s, at any time of the day, any day of the week. We guarantee to deliver this speed to your Service Demarcation Point within a 10% tolerance. Please note that devices connected by Wi-Fi to your router may not experience the full speed capability, either because of the physical limitations of wireless connections or because your device may not be compatible with ultrafast speeds.
4.8 Factors that affect broadband speed within the premises. Upload and download speeds can be affected by the environment within the premises, including:
4.9 Problems with broadband speed. If after your Service is activated you are consistently receiving broadband speeds lower than the product speed you purchased, please contact us so we can try to help. If, after following our recommendations, the speed being delivered to your Service Demarcation Point is still more than 10% lower than the product speed you purchased, you can end the Agreement without paying Early Termination Charges. However, we will not refund you for your use of our Service during the period between your Service Activation Date and you ending the Agreement.
4.10 Disruption to Services. To protect the network and its customers, People’s Fibre will act to restrict your use of People’s Fibre Services or equipment where it suspects that the use has contravened its Fair and Acceptable Use Policy, or where People’s Fibre suspects that your equipment has been infected by a software virus or similar, or where People’s Fibre suspects a Home Broadband Service is being used wholly or mainly for business purposes. These restrictions will help protect your own network and People’s Fibre’s network.
4.11 Upgrade. If you request an upgrade or a renewal of your Agreement with us and we agree, you may need to agree to a new Minimum Term and you will need to pay the new charges applicable to that Agreement. Your new Minimum Term will not start until your new Service Activation Date.
4.12 Changes to your terms, services or charges. We may change the Agreement, our Services, or charges at any time, and we will tell you beforehand. Charges for additional services may change from time to time and may be outside People’s Fibre’s control so you will need to check our Price Guide for the latest prices. If we make changes we’ll tell you at least 30 days in advance by email or post of the changes happening, except where:
4.13 Your right to make changes. If you wish to make a change to the Service(s) which you have ordered, please contact us. We will let you know if the change is possible. If the change is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see Section 11) but Early Termination Charge(s) may apply as set out in the Price Guide.
4.14 IP Address. People’s Fibre supplies the use of IP addresses to its customers and People’s Fibre owns these IP addresses. Home and Business Broadband Services uses Carrier Grade NAT (CGN) (RFC6598) and IPv6 DHCP as default but can if needed get a public ipv4 through DHCP (without charge). Business Broadband Services can also order static IPv4 addresses separately. Price for static IPv4 address can be found in the price sheet. We reserve the right to recall our IP addresses after the term of the Agreement has finished. We will give 90 days notice to the customer in this instance.
5.1 Equipment supply. We usually supply 1 modem and 1 standard wireless router under this Agreement, and the cost of these are included in your service activation charge. We want you to experience the best possible connection quality from your People’s Fibre Service. We select our equipment carefully, and we regularly test our equipment against other routers on the market. People’s Fibre only selects equipment that has comparable performance to the most popular routers but does not guarantee the performance is greater or equal to all routers on the market, or to previous routers you have used. Your People’s Fibre equipment is supplied under the following terms:
5.2 Care of equipment. You must look after any equipment we provide. We supply instructions for installation and care of the equipment; you must comply fully with the installation and care instructions and other advice that People’s Fibre provides you.
5.3 Equipment Warranty. Your Customer Premises Equipment (CPE) is supplied with a warranty against faults arising during the Minimum Term of your Agreement. If you report a fault with your CPE after this Minimum Term you have two options:
5.4 Not covered by the Warranty. The following are not covered by your Equipment Warranty: Faults arising from misuse, accidental or deliberate damage to your Customer Premises Equipment (CPE); damage arising from use of third-party equipment, extension cables and network equipment; cosmetic damage which does not affect the functionality of your CPE; computer equipment, software and cables that People’s Fibre did not supply to you and damage caused by events outside the reasonable control of People’s Fibre or its equipment suppliers.
5.5 Reporting equipment faults. To report a fault with your CPE, please call us. If a reported fault cannot be remedied by our support staff over the phone, then we will replace equipment within the warranty period. If your CPE is replaced, you must return the faulty equipment in the manner we request.
5.6 Replacement equipment. Any replacement equipment supplied under the Warranty will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original Warranty period or 3 months from the date it was supplied to you.
5.7 Equipment returns. If you are leaving People’s Fibre before the end of your Minimum Term, your equipment must be sent at your own cost and undamaged and in its original packaging within 14 days of telling us you want to terminate your Agreement. When we receive the equipment, we’ll refund any equipment charges that you have paid less an appropriate amount (up to the full value of the refund) where the equipment is damaged.
5.8 Equipment upgrades. We may decide to upgrade your equipment as part of our ongoing improvements to the People’s Fibre Services. Once you have received your replacement equipment, you must return your old equipment to us within 30 days in the manner we request.
5.9 Failure to return any such equipment. Failure to return People’s Fibre’s equipment, whether in relation to Service termination, Faults, or Upgrades, when requested to do so may result in charges as set out in the Price Guide or Service restrictions.
5.10 Damage to equipment or data loss. Whilst any software or security features provided by People’s Fibre should be effective, we can’t guarantee they always will be. We take care to prevent any software we provide from damaging your equipment or causing a loss of your data or content. You should back up your data to protect against loss or corruption. We can’t be responsible for any such damage, including but not limited to the following situations:
6.1 You are responsible for the cost of all charges you incur whilst using the People’s Fibre Services, whether you, as the account holder, or someone else, incurs these costs.
6.2 The Agreement requires you to pay for the monthly Tariff for the duration of the Minimum Term as set out in your Order Confirmation. The Agreement start date is the date on your Order Confirmation. The Service Activation Date is logged by People’s Fibre.
6.3 Billing. Your monthly charge is billed for the month ahead unless we say otherwise.
6.4 Payment method and timing. We will email you each month with your latest bill. You will need to pay for all charges within 14 days of the date of your bill. We ask that you pay by direct debit. Where VAT applies it will be included in the charges unless otherwise stated. People’s Fibre does not accept cheques as a method of payment. You can request paper copies of past bills for a charge, which is set out in the Price Guide.
6.5 Changes to our prices. All prices are subject to change unless your discounted price is guaranteed in the Offer Terms, upon People’s Fibre giving not less than thirty days prior written notice to you.
6.6 Offer Terms. If you signed up to a discounted package, your Agreement will have Offer Terms. In this case, your discounted price will last for the agreed period of the Offer. Once the Offer Terms period ends you will automatically move to our standard pricing for the package you selected, as defined in the current Price Guide.
6.7 If you think we have made a mistake with our charges. If you think a bill is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date (if applicable).
7.1 If you don’t pay your bill, we will send you a letter to remind you to pay. If we don’t receive payment within 7 days of the date of this first reminder we may suspend your Services. If, after a further 7 days, we have still not received payment, we may terminate the Agreement and cease your People’s Fibre Services. We may ask a debt collection agency to collect the payment on our behalf. If we do, you will also have to pay the reasonable costs incurred for the agency, which the agency will add to your debt.
7.2 Payment failure. If any payment method fails, we may add a failed payment charge as set out in the Price Guide to your next bill. If Direct Debit instructions are cancelled or fail, we may add a reinstatement charge as set out in the Price Guide to your next bill.
7.3 Late payment. If you pay late we’ll charge interest on the overdue amount of 4% above the base rate of HSBC Bank each year and you’ll also need to pay a reasonable administration charge if we don’t receive payment within 7 days your reminder letter.
8.1 Troubleshooting. We aim to deliver a high-quality service, but we cannot guarantee a fault-free Service. When something goes wrong we want to help you restore the Service as quickly as possible. The Support Team will endeavour to identify the cause of the issue over the phone, email, or live chat.
8.2 Wireless interference. Many of the problems experienced with broadband connectivity are caused by using wireless connections within the premises (Wi-Fi). If you experience problems with your broadband quality, our Support team will need you to connect a wired device to the router using an Ethernet lead – this will help them determine whether there is a problem with your Service, or whether the problem is caused by wireless interference between your router and your device(s).
8.3 Service quality. We aim to provide a high-quality, continuous service to the point of entry to your premises. We recommend you use a wired Ethernet connection to your main devices, such as a home computer, wherever possible. We cannot guarantee a high-quality wireless signal from your internal router equipment everywhere within your premises, as the signal quality is affected by factors outside our control. Our Support team can suggest consumer products that have been designed to overcome the issue of wireless distribution within the premises.
8.4 Engineer visits. Occasionally an engineer visit will be necessary to investigate or fix a faulty service. Engineer visits are free of charge if the problem is found to lie within the People’s Fibre network using a People’s Fibre computer that has been wired directly into the Service Demarcation Point and with the configuration as described in section 4.1. When you book an engineer visit, we will:
8.5 Charges for engineer visits. You will be charged for the engineer visit if the fault lies on the customer side of the network, and these charges are set out in the Price Guide. A chargeable visit will establish the responsibility for the fault but will not fix it. You will also be charged in the circumstances listed below.
8.6 Fixing faults on the customer side of the network. If an engineer visit establishes a fault on the customer side of the network, the customer is then responsible for fixing the fault.
8.7 Non-availability of our Services. We use reasonable endeavours to give you a minimum of five days’ notice by email of necessary maintenance and support work on our network, although this may not always be possible if the problem is urgent or an emergency.
9.1 Problems with our Services. We will provide our Services with reasonable skill and care and in accordance with good industry practice. If the People’s Fibre Services are unavailable we’ll always look to put things right. Our ability to provide the Services is sometimes dependent upon other companies that provide Services to us. You acknowledge that there are factors outside of our control which will limit our ability to provide the People’s Fibre Services to you.
9.2 Limitation of liability
9.3 Network Outage. If a fault occurs on the People’s Fibre network, we endeavour to diagnose and repair the fault in the shortest time possible.
Business services have guaranteed maintenance on the next business day where the fault is within the People’s Fibre network, but we endeavour to carry out maintenance on the same day. Telephone support for all Services is available 24/7.
Should you have opted for Business Offer Terms with alternative SLA please refer to your chosen package.
9.4 Loss of service refunds. (Business customers only) If we don’t fix a fault in our services, that we have caused or are solely responsible for, by the end of the next business day, the day after you report it (and giving us enough information for us to look into it properly), you’ll be entitled to a (single) credit in relation to that fault of £25 (if you have our 30Mb service) or £50 (if you have our 300Mb or 900Mb service).
However, you won’t be entitled to such a credit (a) for any fault not caused by us, (b) for any fault caused by events beyond our reasonable control, (c) if we can’t find a fault, (d) if you cancel the fault report, (e) if, after you report the fault, we’re not able to contact you or you don’t give us access to the premises where our services are being supplied when we reasonably need this, (f) if you’re not able to take delivery of any replacement router we may send you or (g) if you don’t help us in any other way we might reasonably need to resolve the matter speedily.
10.1 Data accuracy. It is your responsibility to ensure the information you have supplied us is correct. You are liable for additional charges that result from providing us with incorrect information that we act on.
10.3 Complaints. We want to resolve any complaints you might have. How we will do this is set out in our Code of Practice.
10.4 Contacting us. We may monitor or record online chats or calls made to or from People’s Fibre. We do this for training purposes, to improve the quality of our customer support and to comply with Ofcom regulations.
10.5 Giving us notice. You must give notice for ending the Agreement by either: writing to People’s Fibre at the above address or emailing firstname.lastname@example.org
10.6 Communicating with you. We will give notice to you via email. It is your responsibility to ensure we have an up to date email address.
11.1 These rights are in addition to any other legal rights you may have to terminate our Agreement. If you want to end the Agreement:
11.2 If someone else requests that we end our Agreement (for example a provider you’re transferring to) we will accept that notice and will send you a letter advising that we have received notification that another service provider has applied to take over the Service.
11.3 If you cancel your Direct Debit without contacting us to arrange payment by alternative means, we may assume you want to end our Agreement.
11.4 If we want to suspend our Services or end the Agreement and termination charges apply. We may suspend our Services (other than access to the emergency services) or end the Agreement if any of the following apply. If you are within the Minimum Term you will have to pay Early Termination Charges as set out in the Price Guide:
11.5 If we want to suspend our Services or end the Agreement and termination charges do not apply. There are two cases where we may suspend our Services (other than access to the emergency services) or end the Agreement, and the Early Termination Charge does not apply:
11.6 We will usually give you 14 days’ notice before suspending or stopping our Services or ending the Agreement, and work to resolve any issues with you. However, we may not give this notice if there is a material risk of loss or harm to us or our other customers (for example, where there is a reasonable suspicion of fraud or other abuse).
11.7 If we suspend the Services we may charge a line restriction fee as set out in the Price Guide. We shall also be entitled to recover from you all costs, losses and expenses incurred by People’s Fibre.
12.1 If you move to a new house during the Minimum Term. Please let us know at least 30 days in advance of your moving date, and we will terminate the services on the moving date. If you wish to have People’s Fibre Services at your new address, we will conduct a services availability check. If we are able to provide the Services to your new address, we will set up a new Agreement with you, with a new Minimum Term. Activation charges may be applicable for connecting the People’s Fibre Services to your new house (for example if a new fibre cable is required). You will be subject to Early Termination Charges for the Agreement to supply Services at your old address if we are unable to provide service at your new address. Other charges may be due as set in the Price Guide.
12.2 If you move to a new house outside the Minimum Term. Please let us know at least 30 days in advance of your moving date, and we will terminate the services on the moving date. If you wish to have People’s Fibre Services at your new address, we will conduct a services availability check. If we are able to provide the Services at your new address, we will set up a new Agreement with you, with a new Minimum Term. Activation charges may be applicable for connecting the People’s Fibre Services to your new house (for example if a new fibre cable is required). Please see our Price Guide for details.
13.1 If this Agreement is ended by you or us, for whatever reason, you will have to pay all charges up to the date of termination of your People’s Fibre Services. If you have paid any charges in advance we’ll refund you for any services not used, but we’ll first take off any money you owe us under our Agreement. For security or compliance reasons we may not hold your payment details after our Agreement has ended so you agree that we may make these refunds by cheque.
13.2 Any features or services that are provided for free with or as part of the Service(s) will end on the same day as the Agreement ends. You may continue to keep certain features or services if you agree to pay any relevant charges set out in the Price Guide or as otherwise agreed with us.
14.1 You accept that the Agreement is between you and us; no one else can enforce it. However, we may take instructions from a person acting with your permission.
14.2 Unenforceable terms: Each of the paragraphs and subparagraphs of our Agreement operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs and subparagraphs will remain in full force and effect.
14.3 Delays: If we delay in taking any steps under our Agreement against you in respect of you breaking our Agreement, that doesn’t prevent us taking steps against you later.
14.4 After our Agreement, the following Sections of this Agreement apply even once the Agreement has ended: Section 3 (Cancellation period), Section 7 (If you fail to pay), Section 9 (Our responsibility to you), Section 10.3 (Complaints), Section 13 (After the agreement ends) and Section 14 (PARTIES, TERMS, LAW) apply even once the Agreement has ended.
14.5 Laws and courts that apply: English law applies to our Agreement and claims between us will be brought in the English courts.
You accept that when you order a People’s Fibre service, you grant People’s Fibre a permanent Wayleave at nil cost to People’s Fibre under the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (as amended by the Communications Act 2003 and as may be further amended, modified, replaced or brought back into effect) (‘the code’). You, the owner of the property (or properties) listed in the order confirmation (and anyone who takes over the property or properties from you).
GENERAL WAYLEAVE TERMS (IF APPLICABLE)
15.1 You confirm that you are the freehold owner of the property or you lease the property under a lease agreement.
15.2 You grant us the right to install, operate, keep and inspect the apparatus on, over or under the property and to carry out work on the property that is necessary to install, operate, maintain, adjust, inspect, alter, add to, connect to, replace, repair or remove the apparatus and use the apparatus, and to enter the property and access the apparatus for these purposes.
People’s Fibre will provide as much notice as possible relating to access of the property.
15.3 We will take all reasonable precautions to reduce as far as possible any damage when carrying out our rights under this agreement, and will repair, to your reasonable satisfaction, any damage we cause to the property.
15.4 We will cover you against liability for all third-party claims, costs, proceedings and damages (‘claims’) arising out of us failing to keep to this agreement or being negligent in carrying out our rights under this agreement as long as you tell us about any claim as soon as possible, do not agree or settle any claim without first getting written permission from us or our insurers (which will not be unreasonably withheld or delayed), make reasonable efforts to reduce your losses, and allow us to defend the claim in your name. We will cover the cost of defending the claim.
15.5 Our liability to you under or in connection with this agreement will be limited to £5,000,000 (five million pounds) and does not include any liability for any indirect or consequential loss (including loss of profits, business, revenue, contracts or anticipated savings). We do not restrict or limit our liability to you for death or personal injury caused by our negligence.
15.6 The apparatus will always remain our property (both while this agreement is in force and after it ends).
15.7 You must not knowingly do or allow anyone else to do anything which causes damage or is likely to damage or interfere with the apparatus.
15.8 You must give us written notice if you plan to carry out any work which will or is likely to have a negative effect on the apparatus.
15.9 This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the code).
15.10 This Agreement shall end or terminate on:
The date on which we cease to provide the electronic communications service provided by the Apparatus to which this Agreement relates whether or not it permanently removes the Apparatus.
The expiry of not less than 18 (eighteen) months’ notice (as specified by the code) given by You to Us or by Us to You which period represents the period required by Us to bring to an end any contractual arrangements that We as Operator got with our customers for the delivery of telecommunications services.
We may terminate this agreement by giving you 30 days’ notice in writing.
15.11 We shall dismantle and remove the apparatus and all works ancillary to it in accordance with our obligations within a reasonable time following termination.
15.12 Any notice you or we give under this agreement must be in writing and will be considered to have been given to the other if it is delivered by hand or sent by ordinary first-class post and addressed to the last known address of the other party. (Any notice you send to us must be sent to our registered office and marked for the attention of Wayleave officer.) Notice delivered by hand will be effective immediately and notice sent by post will be effective 48 hours after posting.
15.13 Nothing in this agreement will prevent or restrict you from altering, developing or redeveloping any buildings, property or land (you must still keep to clause 8 above and any restrictions stated in the code).
15.14 We may transfer or share the benefit of this agreement and any rights it provides with any person who the code applies to under the Communications Act 2003 (as amended, modified, replaced or brought back into effect). Where we refer to ‘us’ or ‘we’ in this agreement, this also includes anyone we transfer the rights to or share the benefits with.
15.15 You and we agree that this agreement does not create a relationship of landlord and tenant.
15.16 This agreement is governed by English law and disputes will be decided in the English courts.
15.17 Unless we tell you otherwise and except as stated in the code, nothing in this agreement will give any person any rights under the Contracts (Rights of Third Parties) Act 1999.
Here is an explanation of some of the wording used in our Term::
People’s Fibre Limited, Company No. 11895073
International House, 12 Constance Street, London, E16 2DQ