Serviced Wi-Fi terms | Hyperoptic

1. THESE TERMS AND CONDITIONS

You are reading Hyperoptic’s Standard Terms and Conditions (“Terms”) for the supply of wireless internet services (“Services”). These Terms, together with the other documents referenced, herein form the agreement between you and us (“Agreement”), and set out the terms and conditions upon which we will supply you with the Services, which shall apply to your use of the Services, whether as a resident of a building we supply, or guest or other occupier.

The Agreement for the Services is made up of the following terms (including any other document we refer to in those terms).

These Terms;
The Hyperoptic (Wi-Fi) Acceptable Usage Policy
The Hyperoptic Privacy and Cookie Policy (www.hyperoptic.com/legal/post/privacy-and-cookie-policy/)

If any of these documents contradict each other, the terms will apply in the order set out above.

In these Terms all references to “we”, “us” or “our” are references to Hyperoptic and all references to “you” and “your” are references to you the user.

Reference to the “parties” means both Hyperoptic and you.

By ticking the box next to ‘I accept the Terms of Service’ on the Home Page or using the Services, you will be deemed to have accepted the Agreement and be bound by the terms. If you do not wish to enter into the Agreement, you should not use the Services.

You will find a summary of the key definitions of words which we use in these Terms in Clause 17.

2. INFORMATION ABOUT US

Hyperoptic Ltd (“Hyperoptic”) is an Internet Service Provider (“ISP”). We are a limited company registered in England and Wales under company number 07222543 and our registered office and main trading address is at Kings House, 174 Hammersmith Road, London, W6 7JP. Our VAT number is 164 6525 96.

We are regulated in the UK by Ofcom. We are also a member of the UK Internet Service Providers Association (“ISPA”) and Ombudsman Services (an independent alternative dispute resolution service). You can find further details about these organisations below under Clause 14 “Complaints”.

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3. SERVICES PURCHASED BY YOUR LANDLORD**

The following paragraphs apply where the landlord or manager of your building or the building you are visiting (the “Landlord”) has entered into an agreement with us to provide the Services to that building, which includes your home or communal areas.

Our agreement with the Landlord is conditional on you complying with all the documents which make up the Agreement (as set out in Clause 1 above).

Our obligation to provide the Services is owed to the Landlord and not to you directly. You understand that:

(i) The agreement between you and us is limited to you agreeing to comply with all the documents which make up the Agreement (as set out in Clause 1 above), in return for our agreeing to provide the Services;

(ii) We have no obligation to you under the Agreement and no terms about the installation, provision and maintenance of the Services or that may put obligations or restrictions on us, apply between you and us;

(iii) Hyperoptic and the Landlord will between them deal with all failures of or faults with the Services, as well as any problems about installation. You understand and agree that you can’t bring any claims or other legal proceedings against us relating to such failures, faults or problems (“Claims”). If you do make any Claims, you will fully compensate us for them.

We may agree that you can report faults with the Service to us directly and ask us to fix them. We may incur costs in investigating and fixing these faults or carrying out work that you request. If the Landlord tells us to, we may bill you for these costs and you’ll have to pay them. We’ll tell you how you should do this at the time. This doesn’t change paragraph (iii) of this Clause 3.

We may suspend or end the Services:

(i) under the terms of our agreement with the Landlord (for example, if the Landlord doesn’t pay what it owes us); and/or

(ii) if you don’t keep to any term of a document which is part of the Agreement (as set out in Clause 1 above).

If you order extra services from us (that aren’t part of the Services purchased by the Landlord) (“Additional Services”), these will be covered by a separate legal agreement between you and us. You understand that in some cases we can only provide your Additional Services if we’re also providing the Services to the Landlord. If we suspend or end the agreement with the Landlord for any reason, your Additional Services might not work. We won’t accept responsibility for this. However, you may be able to order services similar to the Services from us directly (we’ll let you know if this is possible).

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4. TERM OF AGREEMENT, SUSPENSION, RESTRICTION AND TERMINATION**

The Agreement for the Services starts on the date you first use the Services.

We may end this Agreement or suspend your use of the Services if:

you misuse the Services (see the “Hyperoptic (Wifi) Acceptable Usage Policy” - https://www.hyperoptic.com/legal/post/acceptable-usage-policy/)
we have reason to believe that you have provided us false, inaccurate or misleading information either for the purpose of obtaining the Services or at any time during the registration process or provision of the Services;
we have reason to believe that you or another person using your device(s) have committed, or may be committing, any fraud against us and/or any other person or organisation by using the Services;
you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate;
any permission under which we are entitled to connect, maintain, modify or replace the Network equipment is ended for any reason;
we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
either our legal authority to operate as a public communications provider is suspended for any reason or we think it’s necessary for security, technical or operational reasons; or
we so determine, for any other or no reason, without cause.

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5. USING THE SERVICES**

In order to use the Services, you will be required to accept the Agreement. This will typically require you to follow a confirmation or registration process on the Home Page. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.

You will be responsible for all use made of the Services using your device(s).

If for any reason Hyperoptic cannot provide the Services, we will use reasonable endeavours to notify you or the Landlord as soon as reasonably possible. Your Agreement will terminate and if you have purchased any upgrades to the Services and the Agreement is cancelled before you have been able to make use of such upgrades, any Charges you have paid for them during your then current payment period, will be refunded to you. Note that any such refunds will be calculated after deducting amounts payable for any upgrades to the Services (at the then current day rate) which were made available to you.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Agreement.

If you know or suspect that anyone other than you knows your user identification code, you must promptly notify us.

The actual speed and performance of the Services will depend on a number of factors (including, for example, the limitations of the devices you connect to the Services), some of which are outside our control. You acknowledge that we cannot guarantee that maximum transmission speeds can be obtained at any time; nor can we guarantee that your connection will reach any specific speeds. We will use our reasonable endeavours to inform you or the Landlord (or building manager) of any issues and attempt to resolve them as soon as reasonably possible.

We have the right to terminate the Agreement without liability for any reason at our sole discretion. If Hyperoptic ends your Agreement before connection (other than as a result of your own act or omission) any Charges you have paid will be refunded to you. Any refunds will be calculated after deduction of the amounts payable for the Services which were made available to you.

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6. PAYMENT TERMS AND CHARGES**

The Services may be made available free of charge. In some cases the option to pay to upgrade to faster speeds may be available. If you’re required to pay in order to receive such upgrades to the Services, you’ll need to make such payments before you receive those upgrades. You can do this using Visa or MasterCard via a secure web page which shall be notified to you.

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7. SERVICE INTERRUPTIONS**

Occasionally, we may have to:

interrupt all or part of the Services. If we do so, we will take reasonable measures to restore the Services as quickly as we can;
make minor changes to certain technical specifications, including limits for transferring information which are associated with the Services;
make changes to our Network; or
suspend provision of the Services for operational or technical reasons.

If we reasonably believe that you are using the Services in breach of your obligations (see Clause 8 “Your Obligations” below), including breach of the Hyperoptic (Wifi) Acceptable Usage Policy, we may, without liability or further notice, suspend your Services or, in certain circumstances, terminate your Agreement (see Clause 4 “Term of Agreement, Suspension, Restriction, and Termination” above).

We make no commitment or guarantee that the Services will be available at all times and cannot be held responsible for disruptions which are caused by matters beyond our reasonable control (see Clause 10 “Matters Beyond our Reasonable Control” below).

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8. YOUR OBLIGATIONS**

You agree that you will comply fully with your obligations under the Agreement, and at all times:

comply with the terms set out in the Hyperoptic (Wifi) Acceptable Usage Policy (www.hyperoptic.com/servicedwifiterms), and ensure that any others using the Services via your home, office, device(s) or premises comply with that policy, too;
keep your security information safe and tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your home, office, device(s) or premises;
provide complete, accurate and truthful information to us (especially during the registration process, if applicable) and ensure that this information is always kept up to date and accurate;
only you control the content you upload or download using the Network. We have no responsibility for any such content;
comply with the Agreement and any reasonable instructions we give you;
indemnify (fully compensate) Hyperoptic against all losses, liabilities, costs (including legal costs) and expenses which Hyperoptic may incur as a result of any third party claims against Hyperoptic arising from, or in connection with your use or misuse of the Services or breach of these Terms or the Agreement;
not to use the Services for business purposes other than “Remote Working” (see definition in Clause 17, below); and
all amounts due to Hyperoptic shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Hyperoptic in order to justify withholding payment of any such amount in whole or in part.

From time to time, Hyperoptic may (with or without notice to you) review, record or check your use of the Services where Hyperoptic is required to do so, to ensure compliance with any Applicable Law or where ordered to do so by any court or other body or authority with the power to require such monitoring, and for our own internal purposes to ensure compliance with the Agreement (including the Hyperoptic (Wi-Fi) Acceptable Usage Policy - www.hyperoptic.com/servicedwifiterms). Please see the Hyperoptic Privacy and Cookie Policy (www.hyperoptic.com/legal/post/privacy-and-cookie-policy/) for more details on how we use your information.

We may monitor and record calls relating to Customer Service. We do this for training purposes and to improve the quality of our customer services.

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9. HYPEROPTIC’S LIABILITY TO YOU AND LIMITATIONS TO HYPEROPTIC’S LIABILITY**

When we carry out any obligation under the Agreement, our duty is to exercise the reasonable care and skill of a competent service provider only.

We do not warrant that the provision of the Services will be fault-free or uninterrupted, but we will use all reasonable care and skill to provide and maintain the Services. Unfortunately, we cannot guarantee that the Services we provide will never be faulty.

Except as expressly set out in the Agreement, Hyperoptic is not liable to pay damages for use of the Services or any losses caused by delays or interruptions. We are not liable to pay damages if anyone else, other than you, gains access to your device(s) (and uses the Services), or gains access to, destroys or distorts any data or information held by us.

We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through our Network.

Except as expressly set out below in relation to property damage, our aggregate liability to you with respect to this Agreement for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed £20 or, if higher, 125% of the Charges you have actually paid in respect of upgrades to the Services, if such upgrades are available at the property where you’re receiving those Services.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us, hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
All liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising under or in connection with this Agreement for:

any loss or damage incurred by you or any user of the Services or of the Home Page in connection with the use, inability to use, or results of the use of, our Services, the Home Page, additional equipment, Hyperoptic’s website, any websites linked to it or any materials posted on it or on such linked websites;
any indirect or consequential loss or damage that is not reasonably foreseeable and for any of the following (whether the same are direct or indirect, and irrespective of whether they are reasonably foreseeable):
- loss of income or revenue;
- loss of business or opportunity;
- loss of profits or contracts;
- loss of anticipated savings;
- loss or corruption of data, information or software;
- loss of goodwill;
- the cost of procuring substitute goods or services; and
- wasted management or office time,
any other loss or damage of any kind, provided that this condition shall not prevent claims (i) for loss of or damage to your tangible property arising from our negligence for which we will pay up to £1000 (provided the loss is not covered by any insurance), or (ii) any other claims for direct financial loss that are not excluded by any of the categories set out above (subject to the cap on liability set out above).

We will not be liable to you for any losses that you may suffer if you have used the Services we provide for business purposes.

In the event of any failure in the Services, we shall not be responsible for any charges incurred by you should you divert your traffic to another communications provider.

Each provision of this section is to be construed as a separate provision, applying and surviving even if one or more of the other provisions of this Clause 9 is held inapplicable or unreasonable.

This does not affect our liability for death or personal injury arising from our (or our employees’, contractors’ or agents’) negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under Applicable Law.

As a consumer (where you purchase an upgrade), the terms of the Agreement will not affect any legal rights which you may have which cannot be excluded by agreement. For more details of your legal rights, you should contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).

You shall at all times be under a duty to mitigate any losses suffered by you.

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10. MATTERS BEYOND OUR REASONABLE CONTROL**

Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include (but is not limited to): lightning, flood, severe weather, fire, explosion, terrorist activities, war, civil disorder, damage or vandalism to our Network or equipment, anything done by local or national Governments or other competent authorities, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the Services.

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11. PRIVACY**

In some cases, you will be required to set up an account in order to use the Services. In these cases, and/or where you take advantage of an option to upgrade, we will process the required personal data for the purpose of registering you as a user or taking payments. Please see the Hyperoptic Privacy and Cookie Policy (www.hyperoptic.com/legal/post/privacy-and-cookie-policy/) for how we deal with personal information you provide to us.

12. OTHER GENERAL PROVISIONS

You accept that the Agreement for the Services (reference to the Services in this Clause 12 includes any upgrades that have been purchased in respect of them) is personal to you and agree not to transfer it or the benefit of the Services to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission. We can transfer the Agreement for the Services or the provision of the Services to a third party if we think this is reasonably necessary.

You shall keep as confidential all information disclosed to you by, or on behalf of us, which could be reasonably considered to be confidential. This shall include, but not be limited to, all information disclosed by us to you which relates to our business which is not in the public domain. You shall not use any information so provided other than to perform your obligations under this Agreement.

Any failure or delay by Hyperoptic in exercising or enforcing any rights or benefits granted by these Terms or the Agreement will not be deemed to be a waiver of any such right or benefit, nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.

If a court, arbitrator or any government agency stipulates that any part of these Terms or the Agreement is unenforceable, the remaining Terms and/or provisions of the Agreement will still be valid and enforceable.

No third party is entitled to enforce any term under the Agreement under the Contracts (Rights of Third Parties) Act 1999.

The Agreement sets out the entire agreement between you and Hyperoptic relating to the provision of the Services (which includes any upgrades you may have purchased in respect of them) to you, including all intended rights and obligations, and supersedes any and all previous agreements and understandings between you and Hyperoptic with respect to such provision.

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13. HOW WE CONTACT EACH OTHER**

If you need any assistance in relation to the Services, payment or registration, please contact your building manager in the first instance. If problems persist or you are not happy with your building manager’s handling of the situation, you can make a complaint using the details below in clause 14. Please note, all queries relating to the functioning of the Services should be raised through the Landlord and we will not be able to assist with these queries directly with you.

You may contact us directly only where you have a query relating to Charges you have paid or your invoice.

We will contact you at the email address that you provide to us when you pay for an upgrade. When we need to contact you, we may also use your mobile phone number as we deem appropriate.

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14. COMPLAINTS**

Hyperoptic has a procedure for handling complaints regarding breaches of the Agreement.

If you wish to make a complaint, please send an email to support@hyperoptic.com quoting ‘Wifi at [your building name] Complaint’ in the subject line. This will allow us to deal with your complaint promptly. You may also call us on the number set out in this Clause 14, below. However, we will always require information about your complaint to be made in writing to allow us to investigate properly.

If you are reporting any illegal or unacceptable use of Hyperoptic’s Services, please email support@hyperoptic.com quoting “Wifi [your building name]” in the subject line and provide us with as many details and as much evidence as possible, to help us understand and investigate the problem. Please always ensure that you include a short description of why you are making the complaint, together with your name and full contact details.

If you wish to make a complaint or need any further information regarding the Agreement, then please contact us at: support@hyperoptic.com (quoting “Wi-Fi at [your building name]” in the subject line); or Customer Support: 0333 332 1111

We are members of the UK Internet Service Providers Association (“ISPA”) (www.ispa.org.uk). ISPA is the UK’s Trade Association for providers of internet services and promotes competition, self-regulation and the development of the internet industry. We have agreed to abide by ISPA’s Code of Practice http://www.ispa.org.uk/about-us/ispa-code-of-practice/ml which, amongst other things, requires ISPA members to join an alternative dispute resolution scheme to help resolve disputes which may arise with individual or small business (those with no more than 10 employees) customers. We are member of Ombudsman Services (a provider of an alternative dispute resolution scheme). You therefore have the option of referring disputes to Ombudsman Services if you are an individual or small business (as described above). You can find further details of our complaints procedures and about Ombudsman Services in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of the Complaints Code of Practice (www.hyperoptic.com/legal/post/code-of-practice/) to you.

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15. JURISDICTION AND APPLICABLE LAW**

The Agreement and any dispute or claim arising out of, or in connection with, it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Agreement although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.

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16. DATE**

These Terms are effective from 31 October 2018.

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17. DEFINITION OF THE WORDS USED IN THESE TERMS**

In these Terms, the following words and expressions shall have the meanings given to them below:

“Agreement” means this Agreement as described in Clause 1.

“Applicable Law” means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance, standard or industry code, rule of court or directives or requirements of any government or regulatory body, delegated or subordinate legislation or notice of any government or regulatory body and the common law and the law of equity as applicable to the Parties from time to time.

“Charges” means any or all charges to you payable to Hyperoptic in respect of speed upgrades

“Customer Service” means our Customer Service team, who can be contacted by emailing support@hyperoptic.com or on 0333 332 1111 twenty-four hours a day, seven days a week.

“Complaints Code of Practice” means Hyperoptic’s Complaints Code of Practice which sets out how Hyperoptic’s domestic and small business (those with 10 or fewer employees) customers can make a complaint about Hyperoptic and/or its Services and how to take this further, if so required

“Home Page” means the pages available within your building through which you can view and accept the Agreement in order to access our Services.

“Hyperoptic (Wi-Fi) Acceptable Usage Policy” means Hyperoptic’s Hyperoptic (Wi-Fi) Acceptable Usage Policy, a copy of which is available at https://www.hyperoptic.com/legal/post/acceptable-usage-policy/

“Hyperoptic Privacy and Cookie Policy” means the Hyperoptic Privacy and Cookie Policy as amended from time to time, a copy of which is available on Hyperoptic’s website

“Landlord” means the landlord, person (or company) or manager of your building (or a building you are visiting) who has entered into an agreement with us to provide the Services to that building.

“Network” means the network utilised by Hyperoptic to provide the Services to you.

“Remote Working” use of the Services for business purposes by you during the course of working away from your usual place of work or by your business operated by you.

“Services” means the wireless internet services provided by Hyperoptic from time to time including upgrades ordered by you and provided by us under the Agreement

“Terms” means these Standard Terms and Conditions for the wireless internet services.

Wi-Fi ACCEPTABLE USAGE POLICY

The policy applies wherever Hyperoptic Ltd supply Wi-Fi services (the “Services”) at a building in which you reside, hold an office or visit. Use of the Services must be in accordance with this Hyperoptic (Wi-Fi) Acceptable Usage Policy (“Wifi AUP”). This Wi-Fi AUP sets out the rules for using the Services. The rules are designed to make sure that the Services are used in a fair or acceptable way and in a manner that keeps the network we use to provide the Services secure.

1. INFORMATION ABOUT US

Hyperoptic Ltd (“Hyperoptic”, “we”, “us” or “our”) is a full fibre Internet Service Provider (“ISP”). We are a limited company registered in England and Wales under company number 07222543 and our registered office and main trading address is at Kings House, 174 Hammersmith Road, London, W6 7JP. Our VAT number is 997 6990 21.

We are regulated in the UK by Ofcom. We are also a member of the UK Internet Service Providers Association (“ISPA”) and the Ombudsman Services (an independent alternate dispute resolution service). You can find further details about these organisations under “Notifications and Complaints” below.

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2. ABOUT THIS Wi-Fi AUP**

All references to “you” and “your” are references to you the resident, guest or other occupier or user of a building in which Hyperoptic provides the Services and also any third party using your device(s) to use the Services.

Any use of the Services (whether by yourself or anyone using your device(s)), must comply with this Wi-Fi AUP at all times and with all other applicable standard terms and conditions. This means you will also need to ensure that anyone using your device(s) to access the Services agrees with this Wi-Fi AUP and is aware of their obligations under it.

In the next section, we set out details of the uses of the Services that we consider unacceptable or unfair. You will find details of your responsibilities to help keep our network (as defined in the Terms and Conditions for Wi-Fi Services) (“Network”) secure listed at the end of this Wi-Fi AUP along with information about how we will deal with breaches of this Wi-Fi AUP and how you can report breaches and/or make a complaint.

There are certain types of material which infringe applicable local, national or international laws or regulations. Some types of material are illegal to possess, as well as transmit or publish via the internet. You must not post material which infringes others’ intellectual property rights (e.g. trade marks or copyright) or is false and could harm someone’s reputation, or which imposes liability on us for hosting that material. For further information on prohibited actions please see “Unfair and/or Unacceptable Usage” below.

Your use of the internet may cross over onto other networks or use other services which are not owned or operated by Hyperoptic. If this occurs, you must comply with the acceptable usage policies and other terms and conditions imposed by the operators of those networks and services. We are not responsible or liable for the content of any third party website, even if a link to a third party website is on our website or the Home Page (as defined in the Terms and Conditions for Wi-Fi Services).

In some cases you will be required to register an account in order to use the Services. Where this is the case, you will be required to provide your email address and mobile phone number. We will use this to contact you. If you change your email address or mobile phone number you must inform us and may be required to set up a new account.

If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any enquiry to us at support@hyperoptic.com quoting “Wifi AUP” and the name of your building in the subject line.

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3. UNFAIR AND/OR UNACCEPTABLE USAGE**

You must use the Services in a fair and acceptable way. This Wi-Fi AUP is intended to help you understand the types of usage which are unfair and/or unacceptable and would breach this Wi-Fi AUP. Please note that it is not possible to state exactly what constitutes “acceptable use” and “unacceptable use” or abuse of the internet or our Services. The list below is not intended to be exhaustive but should help you understand what behaviours will not be tolerated. There may be other activities which are unlawful or considered unacceptable by us.

You may use our Network and Services only for lawful purposes. You may not use our Network and Services:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is criminal, illegal, unlawful or fraudulent, or has any criminal, illegal, unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm children or other vulnerable people in any way.
To send, knowingly receive, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use, upload, download, record, review or stream, use or re-use any material which does not comply with our content standards (see below).
To transmit or procure the sending of any pyramid selling schemes, any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (such as spam). Should you do so, we reserve the right to block any such materials or solicitation and treat such activity as a breach of this Wi-Fi AUP.
To knowingly or negligently transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted files, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or telecommunications equipment owned by Hyperoptic, or any other internet user or person (except where you pass samples of malware in a safe manner to appropriate agencies for the purpose of combating its spread).
To carry on activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material or that fail to comply with the Data Protection Act 2018, the General Data Protection Regulation and any successor legislation to either piece of legislation when collecting or using an individual’s personal information as defined in that Act.
To monitor or record the actions of any person entitled to be in your home or business premises without their knowledge or any person or thing outside of your home or premises including, without limitation, any public highway or roadway or another person’s home or business premises.
To collect, stream, distribute or access any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.

You also agree:

Not to reproduce, duplicate, copy, sell or re-sell any part of and/or access to the Home Page, Network or Services.
Not to access without our permission, interfere with, damage or disrupt:
any code or any part of the Hyperoptic website;
any equipment or the network from which the Services or the Home Page are provided;
any software used in the provision of the Home Page or Services; or
any equipment or network or software owned or used by any third party, if this is outside what we would expect of someone using our Services.
Not to do anything that may disrupt or interfere with the Network or Services or cause a host or the Network (or any device connected to it) to crash.
Not to launch “denial of service” attacks; “mailbombing” attacks; or “flooding” attacks against a host or network (including without limitation port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, or any otherwise unspecified form of “denial of service” attack).
Not to grant access to the Services to others in a way which we would consider unauthorised.
Not to make excessive use of, or place unusual burdens on, the Network.
Not to circumvent the user authentication or security process of a host or network.
Not to create, transmit, store or publish any virus, Trojan, corrupting programme or corrupted data using the Network or Services.
Not to furnish false data on our online applications, sign-up forms or contracts, including fraudulent use of direct debit and bank account details or credit card numbers (such conduct is grounds for immediate termination and may subject you to civil or criminal liability).

4. CONTENT STANDARDS

These content standards apply to any and all material which you send, receive, communicate, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use or re-use, upload, download, record, review or stream using the Network or Services and to any interactive services associated with the Home Page (“contributions”).

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law or regulation in the UK and in any country from which they originate.

Contributions must not:

Contain any false statements that harm anyone’s reputation.
Contain any material which is indecent, obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, intellectual property right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm, menace or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

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5. SECURITY**

You are responsible for protecting your account details (where applicable), used to access the Services and for any authorised or unauthorised use made of your account or device(s).

Where applicable, you should not disclose your account details to any third party. If you do so, you are responsible for their use of your account. If your account details (including your access code) are disclosed or used without your consent, then you must notify us immediately at support@hyperoptic.com, quoting the name of the building where you use the Services in the subject line. You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the Network.

It is your responsibility to protect your computer from computer viruses, adware, malware and spyware by installing and updating adequate anti-virus and security software. Hyperoptic will not be held responsible for security breaches to your computer, its files, or applications.

You are responsible for retaining copies of your own data – Hyperoptic will not be responsible for the loss of any files or data.

You must immediately advise us if you become aware of any violation or suspected violation of the provisions of this “Security” section.

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6. RESPONSIBILITY FOR IMPROPER USE**

You are responsible for all uses made of the Services through your account (whether authorised or unauthorised) and for any breach of this AUP, irrespective of whether an unacceptable use occurs or is attempted, is with or without your knowledge and/or consent, and whether or not you carried out or attempted the unacceptable use alone, contributed to it or acted with others, or allowed any unacceptable use to occur by omission. You agree that Hyperoptic is not responsible for any of your activities in using the Network. It is your responsibility to determine whether any of the content or communications accessed via the Services is appropriate for children, or others in your vicinity and/or using your account to view or use.

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7. EXCESSIVE USAGE**

Hyperoptic does not have a traffic management policy (although we reserve the right to implement such a policy in the future, with or without notice as we deem appropriate). However, if (in our sole opinion) your use of the internet or the Network or Services is so excessive that our other users are being detrimentally affected, then we may suspend or terminate your use of the Services.

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8. HOW WE WILL DEAL WITH BREACHES**

We may, at our sole discretion, use either manual or automatic systems to determine compliance with this Wi-Fi AUP. Further, by using the Services you are deemed to have granted permission for us (or our agents or subcontractors) to check your networks and/or machines and your use of the Network and/or Services for this purpose.

We will investigate suspected or alleged breaches of this Wi-Fi AUP and will use reasonable endeavours to act reasonably and fairly in doing so. We will determine, in our discretion, whether there has been a breach of this Wi-Fi AUP. When a breach of this Wifi AUP has occurred, we may take such action as we deem appropriate.

Further, if you are found to have breached this Wi-Fi AUP, we may take the actions set out in this Wi-Fi AUP or deal with any such breach in accordance with any other relevant applicable terms and conditions, such as the Terms and Conditions for Wi-Fi Services. Failure to comply with this Wi-Fi AUP constitutes a material breach of those terms and conditions and may, at our sole option and discretion, result in our taking all or any of the following actions (with or without notice):

Immediate, temporary or permanent suspension or termination of your use of the Services.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Internet using the Services.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (which means you are 100% responsible for the full amount of any claim we have against you), including, but not limited to, reasonable administrative and legal costs, resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement or other relevant authorities or regulators as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Wi-Fi AUP. The responses described in this policy are not limited, and we may take any other action we reasonably think is appropriate.

To report any unfair, illegal or unacceptable use of the Services, please send an email to support@hyperoptic.com quoting “Wi-Fi AUP” in the subject line and follow the procedures outlined under “Notifications and Complaints” below.

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9. NOTIFICATIONS AND COMPLAINTS**

Hyperoptic has a procedure for handling reports regarding breaches of this Wi-Fi AUP.

If you wish to make a report, please send an email to support@hyperoptic.com quoting “Wi-Fi AUP” in the subject line. This will allow us to deal with your issue promptly.

If you are reporting any illegal or unacceptable use of Hyperoptic’s Services, please provide us with as many details and as much evidence as possible to help us understand and investigate the problem (such as a copies of messages and/or headers, full URLs or log files showing unauthorised access to your account, depending on the type of misuse you are reporting). Please always ensure that you include a short description of why you are making the report, together with your name and full contact details.

If you wish to make a comment or need any further information regarding this Wi-Fi AUP, then please contact us on:
E-mail: support@hyperoptic.com (quoting “Wi-Fi AUP” in the subject line)

We are a member of Ombudsman Services (a provider of an alternative Dispute Resolution scheme). You may therefore have the option of referring disputes to Ombudsman Services if you are an individual or small business, as described above. You can find further details of our complaints procedures and about Ombudsman Services in our Complaints Code of Practice (available on our website at www.hyperoptic.com/legal/post/code-of-practice/). Alternatively, you can ask us to send a copy of the Complaints Code of Practice to you.

10. JURISDICTION AND APPLICABLE LAW

This Wi-Fi AUP and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from or related to this Wi-Fi AUP, although we retain the right to bring proceedings against you for breach of this Wi-Fi AUP in your country of residence or any other relevant country.

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11. CHANGES TO THIS Wi-Fi AUP**

We may revise this Wi-Fi AUP at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in this Wi-Fi AUP may also be superseded by provisions or notices published elsewhere on our website.

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12. DATE**

This Wi-Fi AUP is effective from 31 October 2018.