These terms and conditions govern our right to access your property. Once accepted this creates an agreement between us which is made under the electronic communications code set out in schedule 3A to the Communications Act 2003 as may be further amended, modified, replaced or brought back into effect (‘the Code’). Hyperoptic has had the Code applied to it by Ofcom and has statutory rights concerning the installation of its apparatus.
This agreement is between us, Hyperoptic Ltd (No. 07222543), whose registered office is located at Hythe House, 200 Shepherds Bush Road, London W6 7NL and you the owner and/or occupier of the Property (and anyone who takes over the Property from you).
The following definitions apply in these Access permission Terms of Service:
Property - the property for which you are ordering the services.
Apparatus - the electronic communications apparatus (as defined in the Code) that will be placed on the Property as part of the Hyperoptic Service (which will continue to belong to us as all times).
Hyperoptic Service - - the Fibre Optic Broadband service provided.
Rights - our right to carry out the works to install, keep, inspect, maintain, adjust, alter, repair, upgrade, connect to an electricity source (where relevant) or operate the Apparatus on, over, through or under the Property.
Term - This agreement will end if we remove our Apparatus from the Property and there is no likelihood of us providing services in the future or if we cease to have the Code applied to us. The Rights will be exercisable until this agreement is terminated in accordance with clause 10 below.
1. In order for us to connect and provide the Hyperoptic Service to your Property, we will need to exercise the Rights. By subscribing to the Hyperoptic Service, you grant us the Rights and consent to us accessing your Property in order to permanently place the Apparatus on your Property and to manage any continuing maintenance of it. This may include access to other parts of the Property (such as risers, or site access points, existing ducts for broadband and telephone services).
2. PLEASE NOTE: you are agreeing to this permission to access and install as the occupier of the Property. If you are not the occupier, you will need to obtain permission from the owner of the property before providing us access permission and completing your order for the Hyperoptic service.
3. The installation of the Apparatus may be dependent on the requirements of your Property. You understand this may require some minor alteration work to your Property in order to make installation possible (e.g. a small hole may be drilled in an external facing wall of your house to connect a fibre optic cable).
4. When we are at your Property we will aim to cause as little damage as possible. Where required, we will repair any damage to the Property that we caused to your reasonable satisfaction.
5. Your right to use the Apparatus is dependent upon you having a valid services agreement with us.
6. You must not interfere with or access our Apparatus or in any way damage it or allow anyone under your control to do so.
7. In order for us to properly plan the works and comply with relevant Health and Safety legislation, where applicable you will provide such information about the Property as we may reasonably request.
8. Subject to clause 9 below, if someone brings a claim against you for loss or damage arising from our actions (each a Claim) we will cover you (indemnify you) in respect of each Claim i) provided that you did not cause or ii) except to the extent that you contributed to the claim, iii) you take reasonable steps to minimize your loss and also provided that in each case you tell us about the Claim as soon as possible and that you do not admit liability or make any payment without our prior written consent and allow us
to
defend the Claim in your name. You will cover us (indemnify) us for any and all losses, costs and damages which we incur as a result of you not having obtained permission for us to have access to the Property to carry out the Rights. This indemnity will extend to any wasted installation costs, which we may incur.
9. Our total liability under this agreement (including clause 8) shall be limited to £1,000,000 (but this does not affect our liability for death or personal injury caused by our negligence). We will only be responsible for losses that result directly from our actions, neglect or default.
10. You may terminate this agreement on 18 months’ written notice if any of the grounds set out in section 31 (4) of the Code apply.
11. These clauses sets out the entire agreement between us relating to access to our Rights over and the carrying out of works at the Property and supersedes any and all previous agreements and understandings.
12. This agreement is governed by English law and you and we agree to the exclusive jurisdiction of the courts of England and Wales.
13. No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.
14. We may assign this Agreement.
15. Any amendments to this Agreement must be agreed between you and us in writing.
