Serious post please I need your help..

Edited by deleted (Sat 11-Jun-22 09:54:35)

The techical aspect of sharing the circuit is pretty straightforward- however I would caution you to check this is OK with your DIA/leased line provider from a contractual and secondly liability perspective. Don’t do it on the sly.

Ultimately you are re-selling their service which could land you in hot water should one of the neighbours or their guests/friends/relatives do something online that was dodgy.

Are you entertaining him again Mr crazy/tasty poultry guy

Also to add, if the DIA/leased line was ordered under a limited company, but you’re proposing to assign the agreement to yourself (even if you are/were a director in the said co) as a private individual, the provider may decide to simply cease the agreement (as you’ve ceased trading) and charge the remainder of the service term.

If they do agree to novate the agreement, because it’s ‘cleaner’ then effectively it becomes a whole new agreement with a fresh term etc.

Best to discuss all this with them again rather than face surprises after the fact.

😂 Nothing wrong with tasty poultry.

At least today I haven’t been accused of being “morally repugnant”. That’s quite a positive step up for me 😎

In reply to a post by Buggs8:

Jog on pal. You mock me all you want

The best we could do is send you to Coventry but the irony of the name.

In reply to a post by Pheasant:

😂 Nothing wrong with tasty poultry.

At least today I haven’t been accused of being “morally repugnant”. That’s quite a positive step up for me 😎

I was quite proud of “morally repugnant”. Not often you can use that phrase in a light-hearted conversation. 🤯

My past experience was the leased line company (Gamma in our case) billed the remaining duration of the contract to the liquidators.

When we sold the building the leased line kit was all left in place and the new tenant just switched it back on and it continued to work.

As others have said I would be cautious about allowing your neighbours access. If they are downloading dodgy stuff it will be you getting a knock on the door.

In reply to a post by Buggs8:

Pheasant - thanks I will call them Monday - I don't see anything in the contract about reselling but it is worth a call - I should have thought of that. Although they are there 24/7 I think that's for faults/problems only? I will call the main number after the weekend.

There is an awful lot in the standard contract about reselling and referring to use outside of a business more generally.

Section 4, paragraph 5 of General Terms:

4.5 You will not re-sell the Services to a third party without BT’s prior written approval or unless explicitly set out in a Schedule. If BT grants such approval, it will be conditional upon you imposing on the relevant third party in writing obligations no less onerous than those to which you are subject under this Contract (including the Compliance Obligations and the Acceptable Use Policy).

Should probably also keep in mind this given the circumstances:

9.6 BT may reduce the number of days you have to pay each invoice from 28 days to five days, where:

9.6.1 you issue a profit warning; or

9.6.2 any Credit Agency reduces your credit rating, and BT reasonably considers that this will affect your ability to pay invoices.

And this:

9.11 As part of BT’s credit management procedures, BT may at any time:

9.11.1 require you to pay a deposit, pay the Charges in advance, or provide a guarantee as security for payment of future invoices by the means requested by BT; and

9.11.2 carry out a credit vet on you. You will provide BT or its agents with any information it or they may reasonably require for this.

Alongside this section of the AUP:

2.3 Unless agreed with BT first in writing:

2.3.1 you will only use the Services, and will ensure that your Users only use the Services, for the commercial and business purposes for which they have been designed (including as may be described in the Schedule to your Contract);

2.3.2 you will not, and will ensure that your Users will not, modify, amend, change, reconfigure or otherwise repurpose all or any part of the Services for uses other than those pursuant to Paragraph 2.3.1 above; and

2.3.3 you will only provide access to the Services to your Users. If BT consents to the provision of the Services to third party users in accordance with this Paragraph 2.3 you will ensure that any such third party users comply with the terms of this AUP.

Breach these you are liable for immediate termination of the service and a bill for the remainder of the contract.

There is no facility to transfer the contract to a private individual:

4.2 You confirm you are legally set up as a business, authorised to agree the Contract and carry out your responsibilities under it.

4.3 Where you place an Order acting for purposes that are related to your trade, business or profession, this is a business to business transaction to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply.

26.1 Either of us may assign the benefit of the Contract to an Affiliate by giving the other Notice, but if either of us chooses to assign the benefit of the Contract to an entity that is not an Affiliate, they need to get the other’s permission in writing beforehand.

“Affiliate” means any entity that directly or indirectly controls or is controlled by either one of us, or is jointly controlled with either you or BT.

This stuff isn't buried in the schedules or annexes most of it is in the basic, global terms forming part of every contract and order with a bit of AUP, linked to and forming part of every contract too.

Edited by XGS_Is_On (Sun 12-Jun-22 01:24:58)