These are the terms and conditions (“Terms”) for the supply by Hyperoptic of a 4G hotspot device (“Hotspot Device”) for your temporary use while we connect you to our service if you are our new customer or while we fix a fault with our service if you are our existing customer.
- About us
1.1 Hyperoptic Ltd (“Hyperoptic”) is an internet service provider, registered as a limited company in England and Wales under company number 07222543. Our registered office and main trading address is at Kings House, 174 Hammersmith Road, London, W6 7JP and our VAT number is 164 6525 96.
- These Terms
2.1 In these terms, we, us and our refer to Hyperoptic, while you and your refer to you, our customer, who has signed up to our Residential Customer Terms of Service (“Residential Terms”) in which case you are our “Residential Customer”, our Business Customer Terms of Service (“Business Terms”), in which case you are our “Business Customer”.
2.2 The supply and use of the Hotspot Device and all the additional items (including the SIM card, charger, cables, leads and plugs) sent along with the Hotspot Device together the “Hotspot Equipment”), are governed by our Residential Terms or our Business Terms, whichever applies to you, along with any other documents forming part of your customer agreement with us (“Agreement”), as well as by these Terms. For the purposes of the Residential Terms and the Business Terms, the Hotspot Equipment is to be treated as “Equipment”. For the purposes of any other document forming part of your Agreement, internet access via the Hotspot Device is to be treated as a “Service” which we are providing to you. If there is any inconsistency between any document forming part of your Agreement and these Terms in relation to the supply and use of the Hotspot Device, these Terms take priority.
- Supply of Hotspot
3.1 We will supply you with a Hotspot Device that will convert a 4G signal into a wifi signal, which you can use to connect to the internet, until your Hyperoptic fixed line broadband service is available or until we otherwise tell you to return it to us (see clause 8.1). We will send the Hotspot Device to the address for which you ordered our fixed line broadband service (“Your Property”).
3.2 The Hotspot Device can provide you with a maximum of 100 gigabytes of data per month.
3.3 The Hotspot Device comes with a SIM card and charger. The Hotspot Device will not work unless you keep it charged and have properly installed the SIM card.
3.4 The Hotspot Equipment remains the property of Hyperoptic or its suppliers.
- Payment
4.1 We will not charge you for the supply or use of the Hotspot Device unless:
(a) you breach the conditions set out in these Terms, in which case we can charge you the full reasonable cost of repair or replacement (as applicable) for any loss or damage to the Hotspot Equipment (you may also have other liability to us in respect of the Hotspot Equipment under another document forming part of your Agreement). In particular, if you do not return the Hotspot Equipment to us in accordance with clause 8, we can charge you a “Non-returned Hotspot Device Fee”, as set out in our Guide to Charges and Fees for Residential Customers if you are our Residential Customer or our Guide to Charges and Fees for Business Customers if you are our Business Customer; or
(b) notwithstanding paragraph (a) above, you are a new customer who is a consumer and you exercise your statutory right to cancel your Agreement within the 14 days starting on the day after you receive your order confirmation email from us. In this case, we can charge you a reasonable amount for:
(i) the use of the Hotspot Device up until the time you cancelled (including the cost of sending the Hotspot Equipment to you); and
(ii) the cost returning the Hotspot Equipment to us.
- Your obligations
5.1 You must read and carefully follow the instructions that are sent to you with the Hotspot Device (“Instructions”).
5.2 We will send you packaging along with the Hotspot Equipment which you should keep and use when you return the Hotspot Equipment to us (see clause 8).
5.3 You must only use and keep the Hotspot Equipment in accordance with the Instructions. You must keep the Hotspot Equipment at Your Property at all times until you return it on our request (see clause 8).
5.4 You are fully responsible for keeping the Hotspot Equipment safe and in good working order. You must not do anything (or allow anything to be done) that damages or interferes with the Hotspot Equipment or prevents the use of or easy access to it. You are not allowed to sell, charge or otherwise deal in, or remove any notices attached to, the Hotspot Equipment (or allow anyone else to do so).
5.5 You must follow any instructions we give you in connection with damaged or faulty Hotspot Equipment (see clause 7.2) and provide us with any information in connection with the Hotspot Equipment and its use that we ask you about.
5.6 You must comply with our Acceptable Usage Policy when using the Hotspot Equipment.
5.7 You must, in connection with using the Hotspot Equipment:
(a) comply with any reasonable instructions from us and with any health and safety and security policies that we have in place from time to time relating to the use of the Hotspot Equipment that we tell you about;
(b) not use the Hotspot Equipment (or the internet network that you connect to through it) in any way that breaches any third party’s rights or any licence, code of practice, instructions or guidelines issued by a relevant regulatory authority;
© hold (and continue to hold) any licences, consents and/or notifications required under any applicable legislation, regulation and/or administrative order to receive and use the Hotspot Equipment (or the internet network that you connect to through it);
(d) notify us of any methods of doing business which may affect your use of the Hotspot Equipment (or the internet network that you connect to through it) or your ability to comply with these Terms.
5.8 You must provide us with any information and/or assistance that we reasonably need to perform our obligations under these Terms.
5.9 You must notify us immediately if you become aware of any person using the Hotspot Equipment (or the internet network that they connect to through it) in an improper or illegal way.
5.10 You agree that accessing and using the internet through the Hotspot Equipment is solely at your risk and is subject to all applicable laws. We have no responsibility for any information, software, services, goods or other materials that you obtain, using the internet.
- Liability
6.1 We will have no liability to you in connection with your inability to use the Hotspot Device to connect to the internet.
6.2 For the avoidance of doubt,
(a) any compensation for delayed activation under our Automatic Compensation Policy relates to a delay to the activation date (if any) notified to you in respect of your Hyperoptic fixed line broadband (and/or telephone) service – it does not apply to your use of the Hotspot Device; and
(b) any compensation for delayed repair under our Automatic Compensation Policy, or for service faults under our Business Terms, only applies to our fixed line broadband (and/or telephone) service – it does not apply to any problem you may have accessing the internet using the Hotspot Device.
- Damaged or faulty Hotspot Equipment
7.1 You must contact us by telephone (see clause 9.2) as soon as possible if you become aware of any fault with any of the Hotspot Equipment.
7.2 At our option, we may then advise you of what steps you should take or arrange for repair and/or replacement Hotspot Equipment to be sent to you.
- Returning the Hotspot Equipment
8.1 You must return all the Hotspot Equipment, using the original packaging and pre-paid label provided for returns (which was sent to you along with the Hotspot Equipment), to the following address: Returns, Hyperoptic Ltd., Unipart Logistics, Cowley Distribution Centre, (Hyperoptic Bay 6), Garsington Road, Cowley, Oxford, OX4 2PG.
You must make this return via the Post Office, obtain a receipt from the Post Office in relation to the return, and send a photo of that Post Office receipt to support@hyperoptic.com. If you do not send us this photo, and we do not receive the Hotspot Equipment in accordance with the timescale set out in clause 8.2 below, we can treat you as not having returned the Hotspot Equipment (and can charge you in accordance with clause 4).
8.2 We will contact you by telephone, text message or email, using the most recent details you have provided to us in connection with your customer account, to let you know when you should return the Hotspot Equipment to us. You must return the Hotspot Equipment within 5 working days of receiving our message.
- Contacting each other
9.1 We will contact you by telephone, text message or email, using the most recent details you have provided to us in connection with your customer account. Where we send an email or text message, you will be treated as having received it that day.
9.2 You can contact us:
(a) by telephone on 0333 332 1111
(b) by email at support@hyperoptic.com or
but should always use the contact method(s) set out in any clause of these Terms that specifically applies to your reason for getting in touch.
- Other general provisions
10.1 These Terms form part of your Agreement. Your Agreement is only between you and us. No-one else can enforce it and you cannot transfer it to anyone else. No others can use the Contracts (Rights of Third Parties) Act 1999 to acquire such rights. However, we may take instructions from someone else we think, with good reason, is acting with your permission. We can transfer your Agreement, and/or our rights and obligations under it (or any part of them) to another company or other entity (or to any of our or their subcontractors).
10.2 Each part or term of these Terms operates separately and will remain valid and enforceable even if a court or other relevant authority finds that other parts or terms of these Terms or your Agreement are invalid or cannot be enforced.
10.3 We are not responsible for failing to do (or if we are delayed in doing) what we promise under these Terms, if this is due to matters beyond our reasonable control.
10.4 Your Agreement (including these Terms):
(a) sets out everything agreed between you and us; and
(b) replaces any previous understanding or agreement between you and us,
about our providing you with the Hotspot Equipment and your use of it.
10.5 If we delay taking steps against you under these Terms where you have breached these Terms or your Agreement in any way, this will not prevent us taking steps against you at a later date for that breach or any other breach by you of these Terms or your Agreement.
10.6 These Terms are made under English law. Claims or disputes under these Terms will be brought in the English and Welsh courts. If you are a consumer and are a resident of Scotland or Northern Ireland, you may bring a claim in the local courts there.
These Terms are effective from 22 May 2023.