Zzoomm fibre broadband Wayleave agreement - Is this usual?
Discussion
Zzoomm have just finished digging up our local area to install their fibre and are now inviting residents to join.
I was quite keen as my current contract via the wet string from BT is up for renewal and Zzoomm seems to be good value in comparison but I'm concerned about one of their terms and conditions relating to wayleaves. My read is that you have to grant them permission to have their equipment permanently installed in your property with a corresponding right of access effectively forever regardless of your contract status.
Is this type of agreement normal with this type of connection? Is there any way to terminate it? Or am I just worrying about nothing?
This is the text of it:
2.4 Wayleave. By placing an order with Zzoomm for service, you are agreeing to provide us or (i) any other Zzoomm Group Company, or (ii) any other party that is an Electronic Communications Operator (under section 106(3)(a) of the Communications Act 2003, that we may assign this right to, with a permanent wayleave over your property so that we may supply and maintain our equipment and deliver you service as determined in our rights under the Communications Act 2003. By ordering and requesting the installation of our Service, you agree that the Zzoomm Network Equipment placed on your property with your permission will remain, including the internal network termination point installed in your property, irrespective of whether you or anyone who purchases, rents or leases the property takes Services from us. The Zzoomm equipment we supply to you to connect to our service remains our property, and we have the right to access and monitor our equipment for diagnostic or maintenance purposes either directly or remotely. You should ensure that any future purchaser or tenant of your property is made aware that the property is connected to our network and of the location of the Zzoomm equipment.
I was quite keen as my current contract via the wet string from BT is up for renewal and Zzoomm seems to be good value in comparison but I'm concerned about one of their terms and conditions relating to wayleaves. My read is that you have to grant them permission to have their equipment permanently installed in your property with a corresponding right of access effectively forever regardless of your contract status.
Is this type of agreement normal with this type of connection? Is there any way to terminate it? Or am I just worrying about nothing?
This is the text of it:
2.4 Wayleave. By placing an order with Zzoomm for service, you are agreeing to provide us or (i) any other Zzoomm Group Company, or (ii) any other party that is an Electronic Communications Operator (under section 106(3)(a) of the Communications Act 2003, that we may assign this right to, with a permanent wayleave over your property so that we may supply and maintain our equipment and deliver you service as determined in our rights under the Communications Act 2003. By ordering and requesting the installation of our Service, you agree that the Zzoomm Network Equipment placed on your property with your permission will remain, including the internal network termination point installed in your property, irrespective of whether you or anyone who purchases, rents or leases the property takes Services from us. The Zzoomm equipment we supply to you to connect to our service remains our property, and we have the right to access and monitor our equipment for diagnostic or maintenance purposes either directly or remotely. You should ensure that any future purchaser or tenant of your property is made aware that the property is connected to our network and of the location of the Zzoomm equipment.
"so that we may supply and maintain our equipment and deliver you service as determined in our rights under the Communications Act 2003"
Should that not say "your" service?
If so then the rights only relate to the provision of the service to you?
I am not an expert, but commercial wayleave agreements are complex - if this ONLY relates to the service they provide to you then I wouldn't think it is an issue?
Should that not say "your" service?
If so then the rights only relate to the provision of the service to you?
I am not an expert, but commercial wayleave agreements are complex - if this ONLY relates to the service they provide to you then I wouldn't think it is an issue?
I hadn't noticed that - seems unlikely to be a typo, but who knows.
It does specifically state that the equipment and right of access will remain regardless of who purchases the property and whether or not they take services from them.
It all seems a bit onerous so I was just wondering how other providers do it (not that there are any others in my area). I'm reluctant to add a permanent wayleave to my property if its not normal. I've not heard of this before.
It doesn't seem to be concerning others locally if the local fb group is to be believed, but I suspect a lot of them haven't read the terms and conditions.
It does specifically state that the equipment and right of access will remain regardless of who purchases the property and whether or not they take services from them.
It all seems a bit onerous so I was just wondering how other providers do it (not that there are any others in my area). I'm reluctant to add a permanent wayleave to my property if its not normal. I've not heard of this before.
It doesn't seem to be concerning others locally if the local fb group is to be believed, but I suspect a lot of them haven't read the terms and conditions.
The relevant bit (as far as I can tell) states:
7.7 Zzoomm equipment. If our contract is ended for whatever reason, you are required to allow us to recover the active Zzoomm equipment in your home. Failure to do so will result in us adding the cost of the active equipment to your final bill. Zzoomm will not be responsible for the removal of any cabling in or on your home nor will Zzoomm be responsible for any ‘making good’ after removal of any part of our infrastructure or equipment.
Which seems to contradict the wayleave requirement.
7.7 Zzoomm equipment. If our contract is ended for whatever reason, you are required to allow us to recover the active Zzoomm equipment in your home. Failure to do so will result in us adding the cost of the active equipment to your final bill. Zzoomm will not be responsible for the removal of any cabling in or on your home nor will Zzoomm be responsible for any ‘making good’ after removal of any part of our infrastructure or equipment.
Which seems to contradict the wayleave requirement.
I think what's meant is:
1) We'll pull fibre and terminate it in your house. This will stay in place as it's cost us money.
2) If you terminate your service, we'll recover the ONT and router (maybe just one, maybe both?), otherwise you owe us £££. However, the fibre stays in place because there's not much we can do with that now it's in. However, you're not allowed to dig it back out of the ground.
1) We'll pull fibre and terminate it in your house. This will stay in place as it's cost us money.
2) If you terminate your service, we'll recover the ONT and router (maybe just one, maybe both?), otherwise you owe us £££. However, the fibre stays in place because there's not much we can do with that now it's in. However, you're not allowed to dig it back out of the ground.
Ah the lovely Electronic Communications Code. This act was revised late 2017 and has caused more court cases since that time than the previous code in its entire life span.
Code Operators have wide rights, and can force access through lands tribunal. It's unlikely to be an issue in this scenario, but I thought I would just have a moan!
Code Operators have wide rights, and can force access through lands tribunal. It's unlikely to be an issue in this scenario, but I thought I would just have a moan!
mrmistoffelees said:
I think what's meant is:
1) We'll pull fibre and terminate it in your house. This will stay in place as it's cost us money.
2) If you terminate your service, we'll recover the ONT and router (maybe just one, maybe both?), otherwise you owe us £££. However, the fibre stays in place because there's not much we can do with that now it's in. However, you're not allowed to dig it back out of the ground.
I would like to think that's what it meant but why do they need the wayleave in that case?1) We'll pull fibre and terminate it in your house. This will stay in place as it's cost us money.
2) If you terminate your service, we'll recover the ONT and router (maybe just one, maybe both?), otherwise you owe us £££. However, the fibre stays in place because there's not much we can do with that now it's in. However, you're not allowed to dig it back out of the ground.
Guessing your around my way looking at your profile? They've just done Sandhurst & College Town and I've had the call saying I can take their service, so this thread is kind of timely, although I can't get it until Sept.
One thing I do know, is you can use your own router to connect to their network, so wonder how that would stand up to the T&C's you mentioned above
One thing I do know, is you can use your own router to connect to their network, so wonder how that would stand up to the T&C's you mentioned above
If you think about it it is not much different to the gas and electric utilities.
Way back when they dug up and provided pipes and wires to properties and fitted meters. The metering equipment all has labels and stickers saying it is the property of which ever provider put it in. Our wooden meter board has a lovely engraved label dated 1934. I really wouldn't worry about it.
On the other hand if it is a wayleave to provide fibre which then goes on to serve other properties they should be paying you for it.
Way back when they dug up and provided pipes and wires to properties and fitted meters. The metering equipment all has labels and stickers saying it is the property of which ever provider put it in. Our wooden meter board has a lovely engraved label dated 1934. I really wouldn't worry about it.
On the other hand if it is a wayleave to provide fibre which then goes on to serve other properties they should be paying you for it.
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