Minimum Download Speed Guarantee

Hyperoptic Ltd (“Hyperoptic, we, us, our”) is a full fibre internet service provider (“ISP”). We’re 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’re regulated in the UK by Ofcom. We’re also a member of the UK Internet Service Providers Association (“ISPA”) and Ombudsman Services (an independent alternative dispute resolution service) - you can find more information about these organisations in our Complaints Code of Practice.

This Minimum Download Speed Guarantee (“Guarantee”) applies to new Hyperoptic customers who ordered our residential or business broadband service on or after 17 June 2022 (“you, your”).

When you first placed your order for our service (your “Order”), we sent you Contract Summary and Contract Information documents. These documents set out speed information about the broadband service you’d receive from us, including the Minimum Download Speed (see clause 1.1 below) for that service. This Guarantee is based on that Minimum Download Speed.

1. The Minimum Download Speed

1.1 Your “Service Speed” is the speed at which data is delivered over your Hyperoptic broadband service to the Hyperhub router (or the Hyperoptic wireless access point (“WAP”)) in your “Premises” (meaning the premises to which your Order applies). The “Minimum Download Speed” is the slowest Service Speed you should be receiving, whatever the time of day, as set out in your Contract Summary and Contract Information documents. If you later change your package, from the date the new package starts, these documents will be treated as updated to reflect the speed information in your package change confirmation email.

1.2 Note that the Service Speed won’t be the same as the download speed you actually experience when connecting a device to your Hyperoptic broadband service. This could be due to a number of different reasons, such as how far you are from the Hyperhub router (or Hyperoptic WAP), whether there are any walls in between, the limitations of the device itself and/or the impact of other devices which are connected to the Hyperhub router (or Hyperoptic WAP) at the same time. However, you’ll always get faster and more stable broadband speeds with a “wired” connection to the Hyperhub router (or Hyperoptic WAP) using an ethernet cable. Please see our “Help” page on broadband speeds for more information on this Speed | Frequently Asked Questions | Hyperoptic.

2. The Guarantee

2.1 Once your Hyperoptic broadband service has been activated, you should receive at least the Minimum Download Speed for your chosen package, as long as your Hyperhub router (or Hyperoptic WAP) remains powered and on.

2.2 If you think that your Service Speed is usually lower than the Minimum Download Speed, as a starting point, you should check the speed your device receives when connected to the Hyperhub router (or Hyperoptic WAP) via an ethernet cable. Note however that this measurement is not the same as (and will be slower than) the Service Speed (see clause 1.2 above). If you remain concerned that you’re not usually receiving the Minimum Download Speed, you can report this “Speed Issue” to us as follows.
• Residential broadband service customers
Call us on 0333 332 1111 or email us at support@hyperoptic.com .
• Business broadband service customers
Call us on 0203 318 8216 or email us at business.support@hyperoptic.com .

2.3 We’ll try and resolve the matter on that call and, if necessary, on further calls. If we’re unable to resolve the matter remotely, we may arrange for an engineer to visit and check your Service Speed. In any event, we’ll aim to fix any genuine Speed Issue we find within the “Fix Period” – this will be the 30 days after your initial call to us to report the Speed Issue, but can be longer if clauses 2.6 and/or 2.7 below apply.

2.4 Throughout the Fix Period, we’ll need you to (i) follow any instructions we give you in relation to testing the Service Speed and resolving the Speed Issue and (ii) keep the Hyperhub router (or Hyperoptic WAP) constantly powered and on. We’ll also need you to make sure that our engineers can access your Premises, if they need to visit to carry out checks in connection with the Speed Issue.

2.5 As long as you’ve fully helped us to check the Speed Issue (as set out in clause 2.4 above) if, during the Fix Period, your Service Speed falls below the Minimum Download Speed on 3 or more consecutive days (continuously or intermittently) and we’re unable to resolve this problem within the Fix Period, we’ll send you a “Termination Email”. This Termination Email will tell you how you can, within the 30 days after you receive it, end your agreement for service with us (your “Agreement”) without having to pay any Service Termination Fee[2] that would otherwise apply. Of course, we’d much prefer it if we manage to resolve the issue for you within the Fix Period – and we’ll let you know by email if we’ve done this.

2.6 We can extend the Fix Period to reasonably compensate for any period of planned service downtime.

2.7 We can also extend the Fix Period if there are circumstances beyond our control which lead to us being technically unable to resolve the problem (for example, if you cancel or miss an engineer appointment; if you don’t keep your Hyperhub router (or Hyperoptic WAP) powered and on; if we’re not given access to your Premises when we need it in connection with assessing or fixing the Speed Issue; or if a third party causes delays for us).

2.8 Other than the right to end your Agreement set out in this Guarantee, you won’t have any other rights (and we won’t have any liability to you) under this Guarantee for any Speed Issue or other Service Speed-related faults.

3. Exceptions

3.1 This Guarantee and the right to end your Agreement set out above won’t apply if:
• you miss or cancel any appointment with Hyperoptic engineers;
• you don’t answer or return a call from us in relation to investigating or fixing the Speed Issue; or
• you don’t follow our reasonable requests (for example, a request to access your Premises), which leads to us being unable to properly investigate and/or fix a Speed Issue.

3.2 If you change package after the beginning of the Fix Period, then from the date your new package starts, this Guarantee will apply to the Minimum Download Speed for that new package rather than your previous package and you’ll no longer have any rights under this Guarantee in relation to your previous package. If you believe you have a Speed Issue with your new package, you should follow the processes in this Guarantee, and, if appropriate, a new Fix Period will apply to it.

[1] This Guarantee does not apply to any of our Dedicated Business Fibre service customers.

[2] This is a one-off charge, which a residential or business customer pays (subject to applicable exemptions), if their Hyperoptic service is terminated before the end of any minimum commitment period that applies to that service, as described in our and our Residential Customer Terms of Service and our Business Customer Terms of Service.