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Old 10-05-2005, 15:17   #4
MovedGoalPosts
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Re: Quick question

From the ntl Ts & Cs http://www.home.ntl.com/page/termsresidential

Quote:
25. Assignment

This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. For business reasons we have the right to assign this Agreement at any time to any company or person.
Thus, I would consider, any obligation to ntl for somebody not to tamper was for the previous owner only, and not transferrable to you. It's your property.

The obligation was for the previous owner to notify ntl so they could collect their kit (which is their property). If you cut it off now, simply offer it to them to collect at their cost (give a reasonable period of notice, say 30 days, after which you will destroy it.

Quote:
Part A - Telecommunications Wayleave Agreement

For the purpose of this Wayleave Agreement we hold an ntl Authorisation for your area.

This Wayleave Agreement enables the necessary apparatus to be installed within your property (including the garden) to supply the Services you or others have asked for.

We must comply with the Electronic Communications Code (as referred to below) in carrying out work and we cannot normally be required to remove permanent installations if you terminate this Agreement or move from your property.

If you have any questions or complaints you should contact our customer management centre.

By entering into this Agreement:


you authorise us to install and keep installed our apparatus on your property and allow us, our employees, agents or contractors to enter your property to inspect, maintain, adjust, repair, alter, replace or remove the apparatus;
we agree to cause as little damage as possible when exercising the rights under this Wayleave Agreement and will make good to your reasonable satisfaction any damage caused by us, our employees, agents or contractors;
you agree that whilst you occupy or own the property you will not use the property in such a way as to make access to the apparatus difficult or build structures or plant trees over the apparatus if they are likely to interfere with the apparatus; and
the provisions of the Electronic Communications Code as set out in Schedule 2 to the Communications Act 2003 will apply to this Wayleave Agreement.
This would apply to the previous home owner who had the services, but not I suspect to you, as you are not party to the ntl T&Cs, as 25 above. On that basis if ntl say they don't normaly remove permanent installations, why can't you. Just give them a few days written notice of your intentions then they can take whatever action they do feel necessary to "protect their network".


Oh and BTW to Cable Forum
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