These Terms are effective from 17 June 2022

Service Level Agreement for all our Dedicated Business Fibre Customers

 

All Hyperoptic Dedicated Business Fibre Customers are entitled to our standard Service Level Agreement (“SLA”). However, if you agree bespoke SLA terms with us, these will apply to your Dedicated Business Fibre Service (“Service”) and the order you place for it (“Order”), instead.

Under our standard SLA, where you report a fault in your Service to Business Support, and we don’t fix that fault within the timeframes set out in the table below, you’ll be entitled to claim compensation (as set out in the table below). We have no other obligation to offer any other compensation.

The table gives a summary of the SLA we offer in relation to your Service, how to report a fault, and of the compensation (or “service guarantee”) we may give you when we don’t meet our SLA. It also sets out certain situations when our SLA and any compensation under it won’t be available. Our SLA, the compensation under it and the table below are all subject to our Dedicated Business Fibre Customer Terms of Service (“Terms”). These Terms are a part of the agreement you have with us in relation to your Service (your “Service Agreement”).

 

Service/fault

SLA

Service guarantee (compensation)

Installation/other works involving a Hyperoptic engineer visit

We’ll try our best to keep to any agreed installation date.

None

Activation

Once all installation work has been completed, we will assign an IP address to your Service and then send you an email to notify you that your Service has been activated.

None

Loss of service (planned)

We’ll try to notify you before any planned interruptions/suspensions to your Service. We’ll take all reasonable steps to reduce their effect and restore your Service as soon as possible.

None

Loss of service (unplanned) and other faults in our service caused by us
(for Dedicated Business Fibre Packages ordered before 27 July 2020)

We’ll try to fix any service fault that we have caused or are solely responsible for, and that results in you experiencing a total loss of our Dedicated Business Fibre Service (no signals in either direction), within 6 hours of you reporting it to our Business Support (by telephone on 0203 318 8216, by email at business.support@hyperoptic.com or via the “Chat” button at the bottom of this webpage) and providing them with sufficient details of the fault and enough information to identify both you and the affected service(s).

If we don’t fix a service fault that we have caused or are solely responsible for, and that results in you experiencing a total loss of our Dedicated Business Fibre Service (no signals in either direction) within 6 hours of you reporting it to our Business Support (and giving us enough information for us to look into it properly), you’ll be entitled to a single credit paid to your account in relation to that fault.

The credit will be the same amount as the applicable percentage set out below of your total annual Package Charge, depending on the number of faults (not fixed within the 6 hour target) in each 12 month period during the term of your services agreement with us, beginning on your Services Start Date: 
1 fault = 5%
2 - 3 faults = 10%
4 faults = 25%
5 or more faults = 35%
The maximum compensation paid in any such 12 month period during the term of your services agreement will be 35% of your total annual Package Charge amount.

However, you won’t be entitled to such a credit:
(a) if the relevant fault or failure to repair it is due to (i) your delay, action or inaction; (ii) any equipment provided by you or your suppliers; (iii) any device belonging to or being used by you or other user of your Service; (iv) the premises for which you ordered our service (“Premises”); (v) the cabling at the Premises that distributes your Service from our distribution point at the Premises to end users of the Service at the Premises (such cabling being your responsibility); or (vi) any network or equipment which is outside of the network that we use to provide your Service.
(b) if the relevant fault or failure to repair it (i) results in us being unable to contact you or carry out any necessary work at (or gain access to) the Premises when reasonably required, through no fault of ours or due to circumstances beyond our reasonable control; or (ii) is due to you failing to agree an appointment date with us or aborting necessary work in connection with the Service;
(c) if the relevant Fault or failure to repair it is due to: (i) your order for the Service (“Order”) or other Order-related information given by you being inaccurate; (ii) you otherwise being in breach of your Service Agreement; or (iii) or us suspending or terminating the Service or any part of them in accordance with your Service Agreement;
(d) through no fault of our (or their) own, we or our agents/contractors are either unable to obtain (or there are delays in obtaining) any necessary permissions or consents required in connection with repairing the relevant fault;
(e) if the relevant fault or failure to repair it is due to a failure in the public internet;
(f) if the relevant fault or failure to repair it is (i) due to any event beyond our reasonable control; or (ii) caused by anyone other than us or our agents or contractors;
(g) if you and we agree a different timescale in writing for performance in relation to any installation work (which includes processing Orders and notification of “Excess Construction Charges”) and/or repairing failures or faults in relation to provision of the Service;
(h) if we reasonably require assistance (including the provision of access) or information from you, any end user of the Service or a third party, we make a reasonable request that this is provided to us within a given timescale, and we do not receive what we need within that time period; or
(j) we are unable to find the fault you reported or you cancel the fault report prior to the relevant fault being remedied.

Loss of service (unplanned) and other faults in our service caused by us
(for Dedicated Business Fibre Packages ordered on or after 27 July 2020)

We’ll try to fix any service fault that we have caused or are solely responsible for, and that results in you experiencing a total loss of our Dedicated Business Fibre Service (no signals in either direction), within 5 hours of you (a) reporting it to our Business Support (by telephone on 0203 318 8216, by email at business.support@hyperoptic.com or via the “Chat” button at the bottom of this webpage) and (b) providing them with sufficient details of the fault and enough information to identify both you and the affected service(s).

This 5 hour time period is the “SLA Period”.

 

If we don’t fix a service fault that we have caused or are solely responsible for, and that results in you experiencing a total loss of our Dedicated Business Fibre Service (no signals in either direction), within the SLA Period, you’ll be entitled to a single credit comprising:

(a) for every complete hour that the fault remains unfixed beyond the SLA Period - an amount equivalent to your Package Charge for 1 day of your Dedicated Business Fibre Service, as charged during the period the fault is in effect (the “Per Day Package Charge Amount”), capped at 10 times the Per Day Package Charge Amount; and

(b) if the fault remains unfixed for more than 10 hours after the SLA Period, , for each consecutive calendar day (which starts after the calendar day during which those 10 hours expired) an amount equivalent to:
(i) 50% of the Per Day Package Charge Amount if the fault is fixed by 1pm on that day; or
(ii) 100% of the Per Day Package Charge Amount if it is not fixed by 1pm on that day,
capped at 10 times the Per Day Package Charge Amount.

However, you won’t be entitled to such a credit:
(a) if the relevant fault or failure to repair it is due to (i) your delay, default, action or inaction; (ii) any equipment provided by you or your suppliers; (iii) any device belonging to or being used by you or other user of your Service; (iv) a factor related to the premises for which you ordered our service (“Premises”); (v) the cabling at the Premises that distributes your Service from our distribution point at the Premises to end users of the Service at the Premises (such cabling being your responsibility); or (vi) any network or equipment which is outside of the network that we use to provide your Service.
(b) if the relevant fault or failure to repair it (i) results in us being unable to contact you or carry out any necessary work at (or gain access to) the Premises when reasonably required, through no fault of ours or due to circumstances beyond our reasonable control; or (ii) is due to you failing to agree an appointment date with us or aborting necessary work in connection with the Service;
(c) if the relevant Fault or failure to repair it is due to: (i) your order for the Service (“Order”) or other Order-related information given by you being inaccurate; (ii) you otherwise being in breach of your Service Agreement; or (iii) or us suspending or terminating the Service or any part of them in accordance with your Service Agreement;
(d) through no fault of our (or their) own, we or our agents/contractors are either unable to obtain (or there are delays in obtaining) any necessary permissions or consents required in connection with repairing the relevant fault;
(e) if the relevant fault or failure to repair it is due to a failure in the public internet;
(f) if the relevant fault or failure to repair it is (i) due to any event beyond our reasonable control; or (ii) caused by anyone other than us or our agents or contractors;
(g) if you and we agree a different timescale in writing for performance in relation to any installation work (which includes processing Orders and notification of “Excess Construction Charges”) and/or repairing failures or faults in relation to provision of the Service;
(h) if we reasonably require assistance (including the provision of access) or information from you, any end user of the Service or a third party, we make a reasonable request that this is provided to us within a given timescale, and we do not receive what we need within that time period; or
(j) we are unable to find the fault you reported or you cancel the fault report prior to the relevant fault being remedied.

If you’re entitled, under our SLA, to a credit (SLA compensation) for a fault in your Service, you’ll need to claim it by letting us know within 20 Business Days from the date the reported fault is fixed. You must do this by telephoning Business Support on 0203 318 8216, emailing them at business.support@hyperoptic.com or contacting them via the “Chat” button at the bottom of this webpage, giving them sufficient detail about that fault. You can only claim one credit for each reported fault (or for each series of connected reported faults). A “Business Day” is a day other than (i) a Saturday or Sunday or (ii) a public holiday(England and Wales).