Website Terms and Conditions

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

Thank you for visiting our website.
Our Website Terms and Conditions (together with the documents referred to in it) explain the terms for using our website www.thamesoptic.com (“our website”), whether as a guest or a registered user. Please read these terms carefully before you start using our website.
By using our website, you agree that you accept these terms and that you’ll obey them. If you don’t agree to them, you mustn’t use our website.

In these Website Terms and Conditions, all references to “Thamesoptic”, “we”, “us” or “our” are references to Thamesoptic Ltd, and all references to “you” and “your” are references to anyone using our website.

ABOUT US
www.thamesoptic.com is a website operated by Thames Network Limited.
Thamesoptic 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 Unit 50, New Lydenburg Street, London, SE7 8NE, UK. Our VAT number is GB 162960889.

We’re regulated in the UK by Ofcom. We’re also a member of the UK (ITP) Institute of Telecommunication Provider  and Ombudsman Services (an independent alternative dispute resolution service), about both of which there are further details in our Complaints Code of Practice.

ACCESSING OUR WEBSITE
We allow you to use our website on a temporary basis. We can remove or change the service we provide on our website without notice (see below). We accept no responsibility for any loss, damage or cost to anyone, if for any reason our website is unavailable at any time or for any period.
Sometimes, we may restrict access to some or all parts of our website. Such a restriction might apply to anyone (whether registered with us or not).
If you choose, or you’re 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, and not reveal it to anyone else. We can, at any time, stop any user identification code or password from working, whether it was chosen by you or allocated by us, if we think you haven’t kept to any provision of these Website Terms and Conditions.
When using our website and our internet services, you must fully follow these Website Terms and Conditions and our Acceptable Usage Policy. You’re also responsible for making sure that anyone else who accesses our website through your internet connection is aware of these Website Terms and Conditions and our Acceptable Usage Policy and that they fully follow them. If you or they don’t do this and we incur losses, damages, expenses or costs (including any payable to third parties and legal costs) as a result, you must fully compensate us for these. This is called an “indemnity” and makes you 100% responsible for the full amount of any claim we have against you.

INTELLECTUAL PROPERTY RIGHTS
We’re the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Intellectual property rights include patents, trademarks, service marks, trade names, copyright (including, but not only, rights in computer software and in websites), rights in databases, rights in design and know-how. Our website and the material published on it are protected by copyright laws and treaties around the world. Other than as set out below, you mustn’t republish or redistribute the content or material on our website (including by framing or similar methods).
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to material posted on our website. You mustn’t change the paper or digital copies of any material you have printed off or downloaded in any way, and you mustn’t use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must always acknowledge us (or any others who are identified as contributors of material on our website) as the authors of the material on our website. You mustn’t use any part of the material on our website for business purposes without first getting a licence to do so from us or those who have granted us a licence.
If you print off, copy or download any part of our website in a way that doesn’t follow these Website Terms and Conditions, your right to use our website will end immediately. If we then tell you to return or destroy any copies you’ve made of the material, you must do this immediately.
If you believe that your intellectual property rights have been infringed either on the internet or through any of the internet services provided by us, you may contact us and request that the infringing material is removed or access to it blocked. We’ll fully investigate any complaints and, if we think (acting reasonably) there is an infringement, we’ll take action to sort things out. If you think your intellectual property rights are being infringed, please contact:
A Bhuiyan Rumi
CEO & MD
Thamesoptic Ltd
Unit 50
New Lydenburg Street, SE7 8NE

RELIANCE ON INFORMATION POSTED
You mustn’t rely on commentary and other material posted on our website. They aren’t meant to be treated as advice. We don’t accept any responsibility at all for losses, damages or costs to anyone who relies on such material or commentary.

OUR WEBSITE CHANGES REGULARLY
We aim to update our website regularly and may change the content at any time. If we need to, we may suspend access to our website, or close it. Although we’ve tried to make sure the content is accurate, any content on our website may be incomplete, contain mistakes or be out of date at any given time. We don’t have to update this content. You should check any information you get from our website before acting on it.

OUR LIABILITY
We don’t guarantee or promise that the content or material on our website or things mentioned on it are accurate or available. Neither we nor any company in our group (or any person connected with us or any group company) accepts responsibility (except to the extent a law requires otherwise) for any:
• conditions, warranties and other terms which might be implied by law. (Sometimes the law suggests that particular conditions, warranties or terms are treated as part of an agreement, even if they’re not specifically put into that agreement – these are “terms implied by law”. We don’t include any terms implied by law in our terms and this means you can’t make claims based on them);
• loss which isn’t a reasonably predictable result of our negligence or of our not following these Website Terms and Conditions;
• liability for any direct, indirect or consequential loss or damage incurred by any user of our services or in connection with the use, inability to use, or results of the use of (i) our services, (ii) any equipment we supplied to you under an agreement for provision of our services (“Equipment”) (iii) any equipment you acquired from a third party or (iv) our website, any websites linked to it and any materials posted on it. This includes any liability for;
• loss of income or revenue;
• loss of business or opportunity;
• loss of profits or contracts;
• loss of savings you were expecting to make;
• loss or corruption of data, information or software;
• loss of goodwill;
• the cost of getting substitute goods or services;
• wasted management or office time;
• and for any other loss or damage of any kind, however it happens, even if it is predictable.
However, we will accept responsibility for the actual cost of:
• loss of or damage to your physical property arising from our negligence. (For this we’ll pay no more than £100,000 in total, for any one event or series of connected events taking place in any 12-month period.); and
• other direct financial loss that isn’t excluded by any of the categories set out above.
We’ll also accept responsibility (i) if our negligence (or that of our employees, contractors or agents) causes death or personal injury, (ii) for our fraud or fraudulent statements about an essential matter, and (iii) for any other liability that the law doesn’t let us exclude or limit.
You may have rights under the law which the terms of an agreement you have with us can’t affect. For example, the law may give you certain rights relating to Equipment which is faulty or has been described wrongly or, if you’re a residential customer of Thamesoptic, you may have rights as a “consumer”). For more details of your legal rights, you should contact your local Citizens Advice Bureau, www.citizensadvice.org.uk.
You must always try your best to reduce any losses, damages or costs you may incur, if you have a claim against us.
Each part of this section (‘Our Liability’) is treated as separate. It’ll still be valid even if other parts of this section are found to be invalid or unreasonable.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
You can’t treat anything on our website as an offer by Thamesoptic to provide any goods or services to you. You’ll only have a contract with us, under which we’ll provide you with our services, when (i) you’ve placed an order for them, (ii) you’ve accepted our standard terms for providing them and (iii) we’ve confirmed our acceptance of that order in writing. Our standard terms of service will apply to any contracts under which we provide you with any goods or our services (Residential Customer Terms of Service and Business Customer Terms of Service).

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE
If you enter into any kind of contract or arrangement with any advertiser on our website or by following a link from our website to another website, that contract or arrangement (and its terms and conditions) will be between you and the advertiser or the provider of the other website and we accept no responsibility in relation to it.

UPLOADING MATERIAL TO OUR WEBSITE
If you use a feature that lets you upload material to or post material on our website, or make contact with other users of our website, you must promise us that the content or material complies with the “Content Standards” set out in our Acceptable Usage Policy. If you don’t do this, and we incur losses, damages or costs as a result, you must fully compensate us for these. This is called an “indemnity” and makes you 100% responsible for the full amount of any claim we have against you. If we think that any material you’ve uploaded to or posted on our website doesn’t meet the Content Standards, we may remove it and block you from our website, without giving you any notice.
We won’t treat any material you upload to our website as confidential or owned by you. This means we can use, copy, send, amend and show it to others for any purpose. We can also reveal your identity to any person who claims that any material posted or uploaded by you to our website infringes their intellectual property rights (as described in the section “Intellectual Property Rights” above) or their right to privacy.
We accept no responsibility or liability to any other person, for the content or accuracy of any material posted by you or any other user of our website.

VIRUSES, HACKING AND OTHER OFFENCES
You mustn’t misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You mustn’t try to access (i) our website, in a way that we don’t usually allow, (ii) the server on which our website is stored, or (iii) any server, computer or database connected to our website. You mustn’t attack our website with a denial-of-service attack or a distributed denial-of service attack.
If you break the above condition, you’re committing a crime under the Computer Misuse Act 1990. If this happens, we’ll report it to the relevant law enforcement authorities and tell them your identity. You’ll also lose your right to use our website immediately.
We accept no responsibility for any loss or damage caused by a denial of service or distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other material belonging to you, from your (i) using our website or (ii) downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE
You may link to our home page, as long as it’s legal and appropriate in the circumstances and doesn’t damage our reputation or take advantage of it. You mustn’t create a link that makes it look like you’re connected with us, or that we’re giving you our approval or support, if this isn’t actually the case.
You mustn’t create a link from any website that isn’t owned by you.
Our website mustn’t be framed on any other website and you mustn’t create a link to any part of our website other than the home page. We can take away any linking permission, without notice. The website from which you’re linking must fully meet the “Content Standards” set out in our Acceptable Usage Policy.
If you’d like to use material on our website in any way other than that set out above, please send your request to support@thamesoptic.com.

LINKS FROM OUR WEBSITE
Where our website has links to other websites and/or goods or services provided by others, these links are for your information only. We have no control over the contents of those websites, those goods or services, or their availability. We don’t accept any responsibility for them or for any loss or damage that may result from your using or inability to access them. Thamesoptic doesn’t recommend or give its approval to (i) those goods or services or (ii) those websites, their contents or any goods, services, advertising or other material these websites contain.

JURISDICTION AND APPLICABLE LAW
These Website Terms and Conditions are made under English and Welsh law. If a dispute arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and/or Welsh courts. If we choose to, though, we can use the courts where you live (if this isn’t England or Wales) or in any other country we think is appropriate.
Our website is designed for use in the United Kingdom and you mustn’t not use our website or services in countries where the local law restricts or doesn’t allow this.

TRADE MARKS
“Thamesoptic” is a registered trade mark of Thamesoptic Ltd.
All brand names, product names and/or service names used in our website are trademarks, trade names, service marks or copyrights of their respective owners. If you use any brand name, product name and/or service name without first getting its owner to agree to this in writing, you may be infringing that owner’s rights. Thamesoptic doesn’t give you permission to use any brand name, product name or service name.

CHANGES
We may update or change these Website Terms and Conditions at any time. You should check them from time to time to take notice of any changes we made, as they’re legally binding on you, if you use our website. Sometimes a notice or other provision on another part our website might replace part of these Website Terms and Conditions.

YOUR CONCERNS
If you have any concerns about material which appears on our website, please contact support@thamesoptic.com.
If you wish to make a complaint about our website or our services, please see our Complaints Code of Practice for details of how to do so.
DATE
This Policy is effective from 3 September 2018.

Privacy and Cookie Policy

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

1. ABOUT US
Thamesoptic Ltd (“Thamesoptic”, “we” or “us”) 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 Hythe House, 200 Shepherds Bush Road, London W6 7NL. 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) about both of which there are further details in our Complaints Code of Practice.
Thamesoptic is the controller and responsible for your personal data.
Thamesoptic is committed to protecting and respecting your privacy. Our Privacy Policy and Cookie Policy (“Privacy Policy”) lets you know how we collect and use your personal data and tells you about your privacy rights. When we refer to “personal data” in this Privacy Policy, we mean information which can identify you as an individual. It is important that you read this Privacy Policy so that you are fully aware of how and why we are using your data.
By (i) registering or placing an order at www.thamesoptic.com (our “Website”), or (ii) placing an order for our services by calling our customer service agents (“Customer Support”) or (iii) submitting a paper order form to us or (iv) giving us your details to record your registered interest in becoming our customer in the future (v) giving us your details for us to contact you in relation to our services or business development or (vi) consenting to manage (as a third party) the billing arrangements for a Thamesoptic customer (who has requested that you be permitted to do this) and giving your details in connection with this, you agree to the collection and use of your information under the terms of this Privacy Policy. If you do not agree to the data practices set out in this Privacy Policy, we will not be able provide you with our services.

2. INFORMATION WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address, social media username (if given) and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details of payments made by you, any equipment we will supply, and services you have subscribed to.
Usage Data includes information about how you use our services, our network and our Website.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website and our network.
Profile Data includes your username and password (if made available to us), orders made by you, your interests, preferences, feedback and survey responses.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share “Aggregated Data” (this means statistical or demographic data derived from your personal data). Aggregated Data is not considered personal data in law as this data does not directly or indirectly reveal your identity.

3. HOW WE COLLECT YOUR PERSONAL DATA
Identity Data, Contact Data and Financial Data
You may give us your Identity, Contact and Financial Data by corresponding with us by via our Website, systems or communicating with our Customer Support online, by email, on the telephone or by post. This includes personal data you provide when you:
• fill in paper forms or online forms on our Website
• register to use our Website
• record your registered interest in becoming our customer in the future
• give us your details for us to contact you in relation to our services
• post any material on our Website
• place an order for our services by telephone
• request any additional services or upgrades
• ask for help or advice or report a problem with our services
• request marketing communications to be sent to you
• enter a competition, promotion or survey
• give us feedback

This also includes information you enter even when you only partially fill out an online form, and exit before completing it.
When you contact us (by phone, email or via our Website), we may keep a record of it and what you say to us.
We may also hold your Identity, Contact and Financial Data, if you have agreed for us to have this, in connection with you (as a third party) consenting to manage a Thamesoptic customer’s billing arrangements (at that customer’s request).
When you order services from us, we may make enquiries about you for credit reference purposes. These enquires include searching your records held by any credit reference agencies or any fraud prevention scheme. Where we receive information about you from them, we’ll always protect it in accordance with this Privacy Policy and keep it secure.
Transaction Data
We will collect and hold details of orders you make through our Website, by telephone or on paper forms and details of any payments you have made and any products/equipment supplied – e.g. routers.
Usage and Technical Data
When you use our services, we will automatically collect your Usage Data. When you (or someone using your Thamesoptic broadband or telephone service) use Thamesoptic’s network to make a telephone call or connect to the internet, we keep a record of that call (including the number called) so we can charge for it. We also receive information from other operators about calls made over our network, where we need that information for connecting and billing purposes. We will also collect information about your use of our services (such as the amount of time you spend online), which we will use to manage our network and for billing.
If someone abuses or damages the Thamesoptic telephone network, for example by making offensive or nuisance calls, we may keep information relating to that abuse.
If a customer abuses our internet service or any other services we provide, for example by not following any part of our Acceptable Usage Policy, we may keep any information relating to that abuse.
Profile Data
We automatically collect Technical Data about your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data) and the websites and other products and services you access through it. We collect this personal data by using cookies, server logs and other similar technologies.
We will also collect information on which devices have accessed your Hyperhub router (eg. type of device, brand, model, operating system and browser) in order to monitor and better understand how our services are used.
We may collect information about your computer, including your IP address, operating system and browser type, to help keep our network running smoothly. Unless this information is needed for a service enquiry specific to your service, this is used as aggregated statistical information about our users’ browsing actions and patterns, and does not identify any individual.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. We may ask you questions, from time to time, about how you use the services we provide, other services you would like us to provide in the future and about other things, such as information about your lifestyle.
Marketing and Communications Data
We will keep a record of whether you have opted out of receiving marketing from us. We will also keep a record of your communication preferences.

4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform a contract we are about to enter into or have entered into with you
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests
• Where we need to comply with a legal or regulatory obligation
Performance of Contract means using your data as necessary for us to provide a quote to you or fulfil a contract to provide our services to you.
Legitimate Interest means using your data as necessary for the commercial interests of our business, allowing us to conduct and manage our business to give you the best possible service and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.
Comply with a legal or regulatory obligation means using your personal data to the extent necessary for us to comply with a legal or regulatory obligation that we are subject to.
We have set out below a description of the ways we use your personal data. Note that we may use your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data.

Purpose/Activity Type of data Lawful ground for processing
To register you as a new customer (a) Identity
(b) Contact
(c ) Usage Perform our contract with you
To process your order and provide our services including:
(a) Making the services available to you and performing any necessary installation work
(b) Managing payments and charges
(c) Providing billing information to you
(d) Collecting and recovering money owed to us (a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Usage
(f) Marketing and Communications (a) Perform our contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To monitor your usage of our services and maintain records of your usage (including provide billing information to you)
(a) Identity
(b) Contact
(c) Usage
(d) Technical
(a) Perform our contract with you
(b) Necessary to comply with our legal obligations
(c) Necessary for our legitimate interests (to understand how customers use our service, maintain and develop our service provision and protection of the network and service)

To monitor and record our communications with you (a) Identity
(b) Contact
(c) Usage
(d) Technical
(a) Perform our contract with you
(b) Necessary for our legitimate interests (for training and quality purposes)

To manage our ongoing relationship with you which will include:
(a) Maintaining your account
(b) Responding to any questions
(c) Notifying you about changes to our services
(d) Notifying you about changes to our terms or privacy policy
(e) Asking you to leave a review or complete a feedback survey (a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications (a) Perform our contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated, maintain and develop our service provision and to understand how customers use our services)
To administer and protect our business, network and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with our legal obligations
To deliver relevant Website content and advertisements in the most effective manner to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Website, services, marketing, customer relationships and experiences (a) Technical
(b) Usage Necessary for our legitimate interests (to define types of customers for our services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To enable you to manage (as a third party) the billing arrangements of a Thamesoptic customer who has requested that you be permitted to do this. (a) Identity
(b) Contact
(c ) Financial (a) To perform our contract with the customer on whose behalf you are acting
(b) May be necessary to comply with our regulatory obligations to allow a third party to manage the billing arrangements for a customer with special accessibility requirements

Marketing Communications
If you are a customer, we may also use your Identity, Contact, Technical, Usage, Profile and Marketing and Communications Data to form a view on what services and offers may be relevant for you and to send you recommendations about services that we think may be of interest or to invite you to participate in prize draws or competitions (“marketing communications”).
If you have given us your details to record your registered interest in becoming our customer in the future or for us to contact you in relation to our services or business development (including to receive our newsletter), we may use your Identity Data to keep you up to date about our services and coverage.
You will only receive marketing communications from us if you have registered an interest in receiving our services (whether current services or in the future when your building or location is connected to our network), requested information from us in relation to our services or purchased services from us and, in each case, you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing communications at any time by logging into My Account via our Website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you or by contacting us at any time.
If you opt out of receiving marketing communications, we will still send you service-related communications as necessary.

5. DISCLOSURES OF YOUR PERSONAL DATA
We may sometimes need to share your personal data with the types of third party listed below:
• Our partner organisations and subcontractors who provide some of the services on our behalf
• Credit reference agencies (to carry out credit checks) and debt recovery agencies (if you do not pay your bills)
• Analytics and search engine providers that assist us in the improvement and optimisation of our Website
• IT and system administration services service providers
• Professional advisers including lawyers, auditors and insurers
• Third parties to whom we may choose to sell, transfer or merge parts of our business with

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If, as a Thamesoptic customer, you have requested and/or consented to a third party managing your Thamesoptic billing arrangements, you agree that this may involve that third party (i) having online access to your Thamesoptic account details (through Thamesoptic’s website) insofar as they relate to your bills and/or (ii) being given details of your billing arrangements when calling Customer Support or writing to us in connection with managing these arrangements and/or (iii) arranging for any of your bills to be paid. You have informed us which of these options you have chosen and given your consent accordingly. We accept no responsibility in relation to you choosing that third party to manage your billing arrangements or in relation to their use or misuse of such of your personal information to which they have access under these arrangements.
We may also disclose your personal data to a third party if we are under a duty to do so in order to comply with a legal obligation or in order to enforce or apply our terms of use. This includes exchanging information with other companies and organisations for the purposes of law enforcement, fraud protection and credit risk reduction.

6. INTERNATIONAL TRANSFERS
We share your personal data within Thamesoptic’s organisation which involves transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our divisions to follow the same rules when processing your personal data to ensure its security. These rules are called “model clauses”.
In addition, some of our third party suppliers are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
a. The third party country has been deemed to provide an adequate level of protection for personal data by the European Commission;
b. The service provider has provided adequate safeguards to ensure that individuals rights are enforceable and legal remedies are available; or
c. The service provider is based in the US and is part of the Privacy Shield which requires them to provide an adequate level of protection for personal data.

7. DATA SECURITY
We have in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We also have in place procedures to deal with any suspected personal data breach and will notify you and the ICO (the UK supervisory authority) of a breach where we are legally required to do so.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or you have chosen) a customer ID, password(s) or log-ins to allow you to can access certain parts of our Website, you are responsible for keeping these confidential. You are responsible for how our services are used from your account and for keeping your account information secret. Please keep this information safe, and do not share it with others.
Unfortunately, sending information using the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of the data you send to our Website; you take the risk for this. Once we have received your information, we will try our best to keep it secure. This includes using strict procedures and security features to try to prevent unauthorised access.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and others associated with us. If you follow a link to any of these websites, please note that these websites have their own privacy and cookie policies. Thamesoptic accepts no responsibility or liability for these policies. Please check these policies before you send any personal data to these websites.

8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least 7 years after they cease being customers for tax purposes.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS
You have various rights in relation to your personal data – these are set out in detail below. If you wish to exercise any of these rights, please email us: info@thamesoptic.com

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete your personal data when we no longer need it. You may also ask us to delete your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with a legal obligation. However, we may not be able to comply with your request of erasure, for example, if we are required to retain your personal data for legal reasons. We will let you know if this is the case.
Object to processing of your personal data where we are processing your personal data for direct marketing purposes. You also have the right to object where we are relying on a legitimate interest but you feel the processing impacts on your fundamental rights and freedoms.
Request restriction of processing of your personal data. You may ask us to suspend the processing of your personal data in the following scenarios: (a) if you do not think the data we hold is accurate, whilst we verify its accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process it but you require us to store it in relation to a legal claim; or (d) if you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will if feasible practically provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to information which we process by automated means and use to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data (for example, for marketing purposes). However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
You will not have to pay a fee to access your personal data or to exercise any of your other rights. However, if we feel that your request is unfounded, repetitive or excessive, we may charge a reasonable fee or we may let you know that we are refusing to comply with your request. If we refuse your request, we will explain why and you will be entitled to raise the issue with the ICO.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or to exercise any of your other rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We will respond to all legitimate requests within 30 days of receipt and, if possible, achieve a satisfactory resolution within that time period. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. CHANGES TO THIS PRIVACY POLICY
Any changes we may make to this Privacy Policy in the future will be posted on this page. You should check this page from time to time for any changes we made. We may also email you about these changes, if you are a customer of Thamesoptic.

11. CONTACT
If you have any questions, comments and requests regarding this Privacy Policy, including any requests to exercise any of your legal rights under it, please contact us using the details set out below.
Email: info@thamesoptic.com
Post: Unit 50 New Lydenburg Street London, SE7 8NE UK
If you have any complaint about how we are using your personal data or otherwise in relation to this Privacy Policy, please contact us in the first instance and will we do our best to resolve it. If we do not resolve it to your satisfaction, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

COOKIE POLICY
We may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that’s transferred to your computer’s storage.

If you register with us or continue to use our Website, you agree to us using cookies. Cookies are widely used to make websites work (our Website won’t work without some of the cookies we use), or work more efficiently. They also provide useful information to website owners. A cookie is a small text file that’s passed to your computer’s hard disk through your web browser, so the website remembers who you are when you return.

We use the following cookies in our Website to give you a more personalised web service.

The first type is known as a “session-based” cookie and is allocated to your computer only for the duration of your visit to our Website. It helps you to move around the Website faster. This cookie automatically expires when you close down your browser.

The second type is a “persistent” cookie. These cookies store information between visits. For example, if you select the ‘Remember me on this computer’ box, your username and password are saved in a cookie on your computer. This means that the next time you log on to our Website using that computer you won’t need to re-enter those details. We suggest you don’t select the ‘Remember me’ box if you use a shared computer (for example, if you access the internet at a cafe, or at a shared or publicly available computer). The cookie file itself won’t store your personal information.

Thamesoptic uses Google Analytics to track use of our Website. This helps us see how our Website is used by those who visit it. Google Analytics uses cookies to gather information about our visitors, such as which website you came from and which website you move on to afterwards. Google will use this information to evaluate your use of our Website, compile reports on this and provide other services relating to website activity. Information collected in this way is anonymous and individuals can’t be traced. This information allows us to improve our Website and our services, for example, to measure the effect or success of our advertising campaigns and products.

The information generated by the Google Analytics cookie about your use of our Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google may also transfer this information to others, where they’re required to do this by law, or where these others process the information on Google’s behalf. Google undertakes not to associate your IP address with any other data held by Google.

For more information about Google Analytics, please see their privacy policy at: www.google.com/policies/privacy.

Thamesoptic also uses Google Adsense to place adverts about Thamesoptic products on other websites and manage referrals from those websites to our Website. If you arrived at our Website via one of those other websites, Adsense uses cookies to gather statistics about this.

Except for essential cookies, all cookies will expire after 12 months.

You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. If you want to stop cookies being stored on your computer in future, you should check your browser manufacturer’s instructions by clicking “Help” in your browser menu. However, if you block all cookies (including essential cookies) you may not be able to access all or certain parts of our Website. Unless you’ve set your browser to refuse cookies, our system will issue cookies as soon you visit our Website.
If you want to delete any cookies that are already on your computer, you should check the instructions for your file management software to locate the file or directory that stores cookies.
You can learn about and opt out of a number of commercial third-party cookies (including some used by Thamesoptic) at optout.networkadvertising.org. Some of the opt-outs used by our commercial service providers require a cookie to be placed on your computer. This “opt-out” cookie is only used to tell the relevant cookie servers not to send you any more cookies. If you keep deleting cookies (including “opt-out” cookies) from your temporary internet files, you might need to repeat the opt-out process, the next time you visit our Website.
For more information about deleting and controlling cookies visit www.youronlinechoices.com or www.aboutcookies.org.

RECRUITMENT PRIVACY NOTE
Recruitment Privacy Note – Thamesoptic Ltd
DATE
This Policy is effective from 1 October 2018.

Residential Customer Terms of Service

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME
Welcome to our Terms of Service for Residential Customers who’ve purchased our installation, broadband and/or telephone services. Please take time to read them as they contain important information about the services we’re providing you with. If you purchase any of our services, you’re agreeing to all the terms and conditions set out below and they become part of a legal agreement (or “contract”) between Thamesoptic and you.
Some of the words we use in this document have particular meanings (we’ve given the first letter of these words a capital letter). If their meaning is not explained where we’ve used them, they may be explained at the end of this document in Clause 23 (“Definition of the Words Used in these Terms”).

1. ABOUT US
Thamesoptic Ltd (“Thamesoptic”) is an internet service provider (“ISP”). We’re a limited company registered in England and Wales under company number 08207668 and our registered office and main trading address is at Unit 50 New Lydenburg Street London, SE7 8NE. Our VAT number is162960889 . We’re regulated in the UK by Ofcom. We’re also a member of the UK Institue of Telecommunication Services  and Ombudsman Services (an independent dispute resolution service) – there are more details about this in Clause 19 (“Complaints”).

2. THESE TERMS OF SERVICE
2.1 These Residential Customer Terms of Service (“Terms”) are part of your legally binding Residential Customer Service Agreement (“Agreement”) with us. The other documents which are part of this Agreement are listed below in Clause 2.6. The Agreement sets out the terms and conditions for our supplying you with any of the following services: our Installation-only Service; Internet Service; Telephone Service; or any Additional Service (we refer to all these as “Services”).
2.2 The Service we provide you with will include (depending on the package you choose in your Order): internet access using our 5Mb Fibre Broadband, 50Mb Fibre Broadband, 100Mb Fibre Broadband, 150Mb Fibre Broadband, 250Mb Fibre Broadband, 500Mb Fibre Broadband or 1Gb Fibre Broadband; a Hyperhub; maintenance and support services; our Telephone Service and any Additional Services we’ve agreed to provide you with (unless you just purchase our Installation-only Service).
2.3 Our Telephone Service may not offer all the features you expect from a traditional phone line and is dependent on your connection to our Network and our Network being available. The Telephone Service may sometimes be unavailable due to factors over which we have no control. This includes power disruptions and failures in our Network. It is important that you understand and agree this before signing up for the Telephone Service.
2.4 Our Telephone Service allows calls to the emergency services numbers 999/112 but calls to these services will fail if there’s a power cut or if your Internet Service fails. You must explain this to anyone who may use our Telephone Service. You understand and accept that you should always have another way to call 999/112 emergency services (whether by using the existing copper wire phone line to your Home or another alternative). If the mobile telephone signal at your Home is unreliable (you should regularly check if this is the case) and/or you depend on your fixed line telephone, if you haven’t already told us about this, you should contact Customer Support. They will offer you a Battery Back-Up Unit (if you don’t already have one). If you have a Purchased Battery Back-Up Unit or we have supplied a Free Battery Back-Up Unit, you must only use it with the Hyperhub (and not any other router) and, before you use it, you must read the Battery Back-Up Unit Guide. The Battery Back-Up Unit will only work to give “back-up” power to your Hyperhub when there is a power cut: (i) if it has been properly installed at your Home either by you (or someone on your behalf) correctly following the installation instructions we provide you with or by an engineer we send to your Home (at your request) to install it; (ii) if it has sufficient charge (it’s your responsibility to keep it charged – there’s a warning light on the Battery Back-Up Unit to help you do this); and (iii) for a continuous period of 1 hour, if the Battery Back-Up Unit is fully charged. If you use the Battery Back-Up Unit to power the Hyperhub during a power failure in order to use our Telephone Service, you must use a corded telephone, which can be plugged directly into the Hyperhub and doesn’t need any other power supply (as described in the Battery Back-Up Unit Guide). You understand and accept that the Battery Back-Up Unit cannot provide power to a DECT cordless telephone. If you intend to use a Battery Back-Up Unit, you agree that you have fully understood, accepted and will follow the Battery-Back-Up Unit Guide.
2.5 You can find more details about how these Terms become legally binding on you under Clause 3 (“Placing an Order”) and about our Telephone Service below under Clause 13 (“Special Provisions Relating to the Telephone Service”).
2.6 Your Agreement with us is made up of the following documents and includes any other document we refer to in them:
(i) these Terms;
(ii) any Order that you make, as set out in your Order Confirmation;
(iii) our Guide to Charges and Fees for Residential Customers;
(iv) our Privacy and Cookie Policy;
(iv) our Acceptable Usage Policy; and
(v) our Automatic Compensation Policy .
If any of these documents contradict each other, a document higher up on this list takes priority. However, if there’s a difference about pricing between these Terms, your Order Confirmation and the Guide to Charges and Fees for Residential Customers, then the information set out in the Order Confirmation should be followed in priority to the Guide to Charges and Fees for Residential Customers, which in turn should be followed in priority to these Terms. In the same way, the terms of any promotion relating to your Order (as set out in your Order Confirmation), take priority over these Terms, as far as they differ from or contradict them.
2.7 In these Terms all references to “we”, “us” or “our” are references to Thamesoptic and all references to “you”, “Customer” and “your” are references to you, our Customer.
2.8 The Services and Equipment we provide to you under these Terms must not be used for business purposes except for Home Working.

3. PLACING AN ORDER
3.1 You can order our Services:
(i) on our Website (by clicking on the package you would like to purchase, selecting “ORDER NOW”, and following the instructions);
(ii) by calling Customer Support and placing an Order by phone – Customer Support will ask you certain questions to check whether you might be able to receive our Services and, if so, email you with instructions of how to proceed with your Order using the online account they create for you; or
(iii) by filling in and submitting a paper Order Form (when it’s not possible for you to place an Order online).
3.2 If you place an Order as set out in Clause 3.1, this means that you accept these Terms and creates the legally binding Agreement between you and us, incorporating all the documents set out in Clause 2.6. When you place your Order, you become legally bound under the Agreement: (i) by ticking the box next to ‘I accept the Terms of Service’ on our Website or, (ii) by signing an Order Form (if you can’t place or confirm an Order online), or (iii) upon delivery by us of a paper copy of the Terms to you.
3.3 We can only supply our Services to an address which can receive them (you can check yours using the online address checker on our Website) and you must be at least 18 years old when you place your Order with us.
3.4 If you purchase our Services, any agreement for broadband or telephone services you might already have with another provider won’t automatically end. This means you may have to continue paying for those previous services unless you end them. If you end them, you might have to pay the other provider cancellation or other charges. We’re not responsible for any of those charges.
3.5 When ordering our Services, you must provide us with a valid email address which we’ll register, along with your other Account details. We’ll generally use this “Registered Email Address” to contact you for anything related to your Agreement with us (although we may contact you in other ways, as set out in Clause 18 (“How we Contact Each Other”)). It’s important that you keep your email account available, that you regularly check emails sent to your Registered Email Address and that you keep your Account details up to date (see Clause 12.4 for more details on this).
3.6 By placing an Order, you agree that Thamesoptic, or third parties acting on our behalf, may carry out credit checks on you (as described in Clause 17.2 (“Other General Provisions”)) using the information that you provide during the ordering process.
3.7 Once we receive your Order, we’ll send you an email confirming that we’ve received and accepted it (an “Order Confirmation”) or we will tell you that we can’t accept it. If this happens, we won’t have to explain why we can’t accept your Order or provide you with any Services you requested in your Order. If we do send you an Order Confirmation, your Order and the Agreement for Services with us becomes legally binding on you and us. We only provide our Services in the UK (unless we say otherwise in your service terms).
3.8 When you place your Order, you may need to arrange for installation of the Equipment you will need at your Home, if there’s not already a working Thamesoptic socket there (see Clause 7.1 for details of how to arrange this). If your Home already has a working Thamesoptic socket we can access, that socket will be used to connect you to our Network. Unless you confirm when you place your Order that you already have a HyperHub, we will send you a router. You may also receive from us a Battery Back-Up Unit, if you asked us to send you one. You may have done this online during the ordering process, by contacting Customer Support or in some other way we may have told you about. Please see Clause 5.1 for more details on the Equipment we will send you. Once you connect to our Network, we will send you a Service Activation Email and treat this date as your Services Start Date.
3.9 If, after sending you an Order Confirmation, we find that we can’t provide you with the Services you requested, we’ll let you know. Your Agreement will then end and we’ll refund any Charges you’ve paid.

4. SERVICES PURCHASED BY THE LANDLORD OR BUILDING MANAGER IN MULTI-TENANTED DWELLINGS
4.1 The following paragraphs apply where the landlord or manager of the building (the “Landlord”) has entered into an agreement with us to provide Services (the “Landlord Services”) to that building, which includes your Home. If you’d like to receive any Landlord Services, you’ll have to send us an Order for them.
4.2 Our agreement with the Landlord is conditional on you complying with all the documents which make up the Agreement (as set out in Clause 2.6 (“These Terms of Service”)).
4.3 Our obligation to provide the Landlord 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 2.6 (“These Terms of Service”)), in return for our agreeing to provide the Landlord Services;
(ii) We’ve no obligation to you under the Agreement and none of the terms about the installation, provision and maintenance of the Landlord Services or that put obligations or restrictions on us, apply between you and us;
(iii) Thamesoptic and the Landlord will between them deal with all failures of or faults with our Services as well as any problems about installation. You understand and agree that you won’t be entitled either to any compensation under our Automatic Compensation Policy or to bring any claims or other legal proceedings against us relating to such failures, faults or problems (“Claims”). If you do make any Claims, you’ll fully compensate us for them.
4.4 We may agree that you can report faults with the Landlord 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 Clause 4.3.
4.5 We may suspend or end the Landlord Services or provision of them to you:
(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 2.6 (These Terms of Service”)) (for example, if you are no longer the current occupier of the Home).
4.6 If you order extra services from us (that aren’t part of the Landlord Services) (“Additional Services”), these will be under a separate legal agreement between you and us. You understand that we can only provide your Additional Services if we’re also providing the Landlord Services. If we suspend or end the Landlord Services for any reason, your Additional Services will not work. We won’t accept responsibility for this. However, you may be able to order similar Services to the Landlord Services and Additional Services from us directly (we’ll let you know if this is possible).

5. EQUIPMENT
5.1 After we send you an Order Confirmation, we’ll get things ready to connect you to the Services you ordered. When we’ve done this, we’ll send you all the Equipment you need. The Equipment may include a HyperHub router, booklet, power adaptor, cables, Battery Back-Up Unit (if you asked for one) and media converter, which we’ll send to the address you provided to us when you placed your Order (if it’s a document, we’ll also email it to your Registered Email Address), unless it’s already installed at your Home. We’ll let you know what Equipment we’ll provide you and whether there’ll be an Activation Charge for your Services during the ordering process. You can use our Services via an Ethernet cable using your own equipment and without using any Equipment supplied by us, if you wish. If you didn’t request a Battery Back-Up Unit during your ordering process, we can still send you one, at your request, at any stage while you’re using the Hyperhub to receive Services from us under your Agreement. You may have to pay a Battery Back-Up Unit Fee for this.
5.2 In this Clause 5.2 only, where we mention Equipment, this doesn’t include any Purchased Battery Back-Up Unit. The Equipment, which includes the HyperHub and any Free Battery Back-Up Unit, remains our property and is to be kept at your Home. You‘ll need to take good care of it all, as if it’s damaged in your care while you’re receiving our Services you may have to pay us Charges to repair or replace it. The Equipment must always remain at your Home, even if you leave your Home or stop using our Services (unless you have to return the HyperHub and any Free Battery Back-Up Unit to us, as set out in Clause 8 (“Term of Agreement, Suspension, Restriction and Termination”)). If you use your statutory right to cancel your Agreement with us, as set out in Clause 7.7 (“Installation and Connection”), we’ll charge you for the cost of the Equipment we provided to you after you place your Order, unless you return it to us at your cost unopened and unused within 14 days after the date you cancel your Order. Further details of this and other Charges you have to pay on cancellation are set out in Clause 7. Please note that you mustn’t sell or transfer the Equipment to anyone else, export it or use it outside the UK. You must quickly provide us with any information we ask for about the location of the Equipment.
5.3 If your HyperHub or any other Equipment we provide to you is faulty, we’ll repair or replace it. This will be free of charge if the fault wasn’t caused by something which happened while the Equipment was in your care. Otherwise we can charge you for this, as described below. You’ll need to return any faulty Equipment to us at the following address:
Returns, Thamesoptic Ltd., Unit 4, Little Johns Lane, Reading RG30 1RA.
We’ll test the returned Equipment to see if it’s faulty and, if so, we’ll work out how the fault was caused. If we (acting reasonably) then think that the Equipment isn’t faulty or that the fault was caused by something which happened while the Equipment was in your care, we can charge you a Replacement Items Fee, (details of this are in our Guide to Charges and Fees for Residential Customers).
5.4 Except as set out in these Terms (see Clause 14 (“Our Liability to You and the Limits on Our Liability”)), we don’t accept responsibility for any loss or damage caused by the installation or use of the Equipment or of any Additional Equipment.

6. ACCESS, PERMITS AND VISITING YOUR PREMISES
6.1 You allow us to install, keep and use apparatus at your Home. Apparatus here, and wherever we mention apparatus below, includes Equipment and Additional Equipment. You agree that we and people working for us can enter your Home to:
(i) carry out any work required to connect, maintain, change, replace or remove any apparatus that’s needed for us to supply the Services you’ve asked for; and
(ii) inspect any apparatus related to receiving and using our Services which you keep there.
6.2 We’ll cause as little disturbance as we reasonably can when carrying out any work at your Home. We’ll repair, to your reasonable satisfaction, any damage that we, or people working for us, may cause at your Home.
6.3 You’ll follow any reasonable instructions we give you and let us access to your Home if we need to.
6.4 You or a person given permission by you (who is aged 18 or over) will either be at your Home when we visit or will give us access to your Home on your behalf.
6.5 You understand that you are providing us with, and will also get from anyone else, any consent or permission needed from you or that other person, if we have to cross your or their land or put our Equipment on your or their premises (including providing us with a Wayleave Agreement in a form we say is suitable for us). We don’t have to install or provide our Services until we have all the consents and permissions we need. If you can’t provide us with these then we can choose to end your Agreement with us. If this happens, we’ll refund any Activation Charge you’ve paid but you’ll still have to compensate us for any costs we incurred before the Agreement ended.
6.6 You won’t do anything, or allow anything to be done, at your Home that may damage or interfere with any apparatus or prevent the use of or easy access to it. If any such apparatus is damaged other than through fair wear and tear, we can charge you for it to be repaired or replaced.
6.7 You confirm that you’re:
(i) the current occupier of the Home; and
(ii) either the freeholder of the Home or a tenant under a lease with legally binding permission from the freeholder to install the Equipment there.
6.8 We can’t normally be made to remove installed apparatus if you end the Agreement or move from your Home. Except for any Purchased Battery Back-Up Unit, all apparatus that we supply to you including the HyperHub remains our property and you won’t remove any of this without our written agreement, other than to return it to us, as set out in these Terms. Our Charges are based on all such apparatus remaining in place, unless these Terms require you to return any of it to us. If the apparatus is removed (without the Terms stating that this should happen) or damaged, we can charge you whatever the cost of installation and/or replacement is at that time, using your usual method of payment (normally direct debit). We’ll let you know the amount you’ll be charged if and when that happens.
6.9 This Clause 6 will still apply to you and us even after your Agreement for our Services has ended.

7. INSTALLATION AND CONNECTION
7.1 If there’s already a working Thamesoptic socket in your Home that we can access, we’ll use that socket to connect you to our Network. There’ll be no need for a Thamesoptic engineer to carry out any work in your Home. We can activate your connection as soon as everything else in your Order is ready. If you don’t already have a working Thamesoptic socket in your Home when you place your Order, then a Thamesoptic engineer will need to install one, so you can connect to our Network. When you place your Order, you can choose an available date for this installation, as shown on our Website. We’ll need to agree this installation in writing with you before the engineer comes. Our standard socket installation means our socket will be within 10 metres of your front door. If you want the socket in a particular place in one or more rooms at your Home, or you want to move or rewire an existing Thamesoptic socket, you’ll need to pay the Installation Fee (as described in our Guide to Charges and Fees for Residential Customers). Our engineer will discuss this with you prior to carrying out such work. You agree to help and cooperate with us as reasonably required to connect you to our Services. You can also request us to arrange for an engineer to install a Battery-Back-Up Unit at your Home, by properly connecting it to the Hyperhub. This installation can be done at the same time as the engineer installs a Thamesoptic socket (if you need a socket installed) or at any other time you arrange with us. Where our engineer, at your request, installs a Purchased Battery Back-Up Unit at your Home, you may have to pay an Installation Fee in respect of this. You can always install the Battery Back-Up Unit yourself instead and we provide instructions for this. If we supply you with a Free Battery Back-Up Unit, we will, at your request, arrange for an engineer to correctly install it at your Home free of charge and/or otherwise give you all the support you may need to make sure it’s correctly installed.
7.2 Unless you choose to purchase the Installation-only Service, you’ll be given a dynamic IP address which is free of charge. This IP address will be re-assigned to Thamesoptic, or to another Thamesoptic customer, if your Internet Service is disconnected or ended for any reason. If you want a static IP address, and there is one available, we may be able to offer you one, though you’ll have to pay an additional charge.
7.3 The actual speed and performance of your Internet Service will depend on various things, some of which are outside our control. For example, the technical capabilities of the devices you use to connect to the Service and of the Equipment (including the HyperHub) whether provided by us or not. Your Internet Service speed will be fastest if you use an Ethernet cable to connect directly to your Thamesoptic socket (with some loss of throughput speed). Using the HyperHub means that you can also connect your devices to our Services wirelessly. This makes it easier to access our Services across your devices but will mean a slower Service speed than with an Ethernet cable, due to the limitations of WiFi technology. You accept that we can’t guarantee you’ll have maximum speeds at any time or that your connection will reach any specific speeds. More details about speed and factors affecting speed (including the specifications for the Equipment) can be found in the FAQs on our Website. We’ll try to let you know about any issues and aim to sort them out as soon as we reasonably can.
7.4 Unless you choose a Monthly Rolling Package, your Internet Service will be for a minimum commitment period lasting a certain number of months, which you agree to in your Order. We call this period the “Minimum Period”. During your Minimum Period, you can’t transfer to a new Internet Services package with a shorter (or no) Minimum Period. For example, you can’t transfer from an Internet Services package with a 12-month Minimum Period to a Monthly Rolling Package for Internet Services during that 12-month Minimum Period. Apart from this, you can transfer from any Internet Services package you previously ordered to another Internet Services package available for your Home. If you do transfer to another package at any time during the Minimum Period for your previous package, then note that the Minimum Period for your new package will start on the date we begin providing that new package to you. You can also add or remove any Additional Telephone Packages from/to your Telephone Service at any time during the Minimum Period of your Services (without changing the length of that Minimum Period). You can make any of these changes, before or after your Services are activated, by contacting Customer Support with your request, through our Website (www.thamesoptic.com) or by email or letter.
7.5 We can end the Agreement after we receive your Order or even after we send you your Order Confirmation, but before we connect you to our Services in the following situations:
(i) if you fail a credit check, or the bank, debit or credit card details you gave us are invalid and/or incorrect, or there are Charges you need pay before we connect you but you haven’t paid these on time, or you’ve misused our Services before; or
(ii) if we can’t provide the Services to your Home by the expected connection date for any reason; or
(iii) for any other reason (or no reason).
We won’t accept responsibility for any costs or losses this causes you. However, if we end your Agreement before connection to our Services and this isn’t due to your fault or anything you’ve done or not done, we’ll refund any Charges you’ve paid.
7.6 If (after we’ve confirmed a connection date for your Internet Services and/or Telephone Services), we don’t actually connect your Services for more than 1 month after this date and this isn’t due to your fault or anything you’ve done or not done, you can end the Agreement by telling us (by email, letter or phone) that you want to do so. If you end the Agreement in this way, any Charges you have paid will be refunded to you.
7.7 You have the right as a consumer to change your mind about purchasing our Services and cancel the Agreement within the “Cooling-off Period” set by law. This is the period of 14 days, starting on the day after we send you our Order Confirmation, when you first begin your Agreement for Services with us. It doesn’t apply to any further Services you order from us or other changes you ask us to make to your Services (including where you agree to a new Minimum Period in respect of them) during your continuing Agreement for Services with us. You can cancel your Agreement during the Cooling-off Period by contacting Customer Support to let them know about your decision to cancel. You won’t incur any charges for cancelling in this way except as set out in the rest of this Clause 7.7. If you specifically request us (when you place your Order or by email or letter) to start work on your Order within the Cooling-off Period, but then cancel your Agreement before the Cooling-off Period has ended, you’ll have to pay us an Order Cancellation Fee. This will be an amount to cover any Call Charges (which are not free under the package you ordered) that you incur up until the time you cancel (you won’t have to pay any other part of your Package Charge) and may include any installation and Equipment costs we’ve incurred in provisioning your Order. If you ordered our Installation-only Service, you will have to pay for the service we carry out before you cancel as set out in Clause 8.1. If you do cancel the Agreement within the Cooling-off Period, you must send back to us any Hyperhub and any Battery Back-Up Unit which we’ve sent you, unused and unopened, to the address set out in Clause 8.12 (“Term of Agreement, Suspension, Restriction and Termination”), within 14 days after the day you cancel your Order – if you don’t, you’ll have to pay us their full cost in addition to your Order Cancellation Fee. Where we’ve provided you with packaging for this purpose, you must use it to return this Equipment. If we have not, and/or if our packaging doesn’t cover the cost of postage, you must return the Equipment at your cost.
7.8 In order to use our Services, you’ll need to keep a router Ethernet cable capable of connecting to our Network. If you’d like to use your own router or Ethernet cable to connect to our Services instead of the Equipment we supply, you can read the specifications for Equipment set out in our Website FAQs or ask Customer Support to help you check if your own equipment is suitable. If it isn’t suitable, you may not be able to receive our Services (or they may not work as well as if you were using the Equipment we supply).
7.9 If your Services are disconnected or suspended for any reason, and you then request to reconnect to our Services, we’ll charge you a Re-activation Fee of £10 or such other fee as set out in our Guide to Charges and Fees for Residential Customers.

8. TERM OF AGREEMENT, SUSPENSION, RESTRICTION AND TERMINATION
8.1 The Agreement for your Services starts on the date you get an Order Confirmation for our Services from us. Your Services will start on the Services Start Date. This’ll be the date you connect to our Network and we send you the Service Activation Email. The Minimum Period in relation to your Services (that you agreed to in/on your Order) starts from your Services Start Date. A Monthly Rolling Package has no minimum commitment period but does require you to give at least 30 days’ notice that you want to end it (the maximum notice you can give is 180 days). The Installation-only Service has no minimum commitment period either – there’s just a single one-off payment to make, prior to installation. If you order the Installation-only Service, you can order our Internet Services and/or Telephone Services afterwards from any offers we have available at that time and the Services Start Date will be decided as set out above. You can only end your Agreement for the Installation-only Service by cancelling it within the Cooling-off Period (if you’ve already paid for the Service, we’ll refund this amount to you). If you specifically ask us to start work on your Installation-only Service Order within the Cooling-off Period and then cancel your Order before the Cooling-off Period has ended, you’ll have to pay an amount proportionate to the cost of Services we’ve supplied you with (on your specific request) until the time you cancel. However, if we finish our work before the Cooling-off Period has ended, you acknowledge that you’ll have to pay us in full. Note that if any promotion applied to your Order (as set out in your Order Confirmation), the terms of that promotion take priority over anything in this Clause 8 which differs from or contradicts them.
8.2 You can end your Service(s) at any time during your Minimum Period (if you have one) if you pay a Service Termination Fee. The amount of this Service Termination Fee depends on how much is left of your Minimum Period (further details of the Charge are set out in our Guide to Charges and Fees for Residential Customers). To end a Service you should contact us in one of the following ways:
(i) use the live webchat option on our Website to contact Customer Support;
(ii)send an email (or letter) to Customer Support;
(iii) raise a “ticket” through the “My Account” section of our Website; or
(iv) phone Customer Support on 02081236644,
explaining in each case that you want to end the Service. Customer Support will let you know, when they acknowledge your request to terminate, how much your Service Termination Fee will be. Your Service(s) will end 30 days after we receive your request to end them (or any time up to 180 days after we receive your request, if you specifically ask for this), as long as we’ve received your Service Termination Fee before then.
8.3 After your Minimum Period (if you had one), you can end your Service(s) at any time without paying any Service Termination Fee, if you let us know you wish to do this by contacting us in one of the ways set out in (i) to (iv) of Clause 8.2. Your Service(s) will end 30 days after we receive your request to end them (or any time up to 180 days after we receive your request, if you specifically ask for this).
8.4 You can end a Monthly Rolling Package at any time if you let us know you wish to do this by contacting us in one of the ways set out in (i) to (iv) of Clause 8.2. Your Service(s) will end 30 days after we receive your request to end them (or any time up to 180 days after we receive your request, if you specifically ask for this).
8.5 If you use our Telephone Services or any Additional Telephone Package, you can end these Services if you let us know you wish to do this by contacting us in one of the ways set out in (i) to (iv) of Clause 8.2. Your Service(s) and/or Additional Telephone Package will end 30 days after we receive your request to end them (or any time up to 180 days after we receive your request, if you specifically ask for this). Be aware that if you cancel your Telephone Service and it’s part of a bundled package offer (one where you pay less for your total package of Services compared with if you were paying for each Service separately), then the Charges for the remaining Services in your bundled package might increase.
8.6 We can end the Agreement or, if we choose, restrict or suspend some or all the Services immediately (and without giving you notice) if:
(i) you don’t pay us, by the due date, any money you owe us or you cancel the direct debit for your Services without agreeing another form of payment with us (although we’ll let you know by email to your Registered Email Address before we do this);
(ii) you misuse any of our Services (see Acceptable Usage Policy)
(iii) you use the Telephone Service and go over any limit we’ve put on your Account (in which case we may restrict or suspend your Telephone Service);
(iv) we think you’ve provided us with wrong or misleading information either to obtain the Services and/or the Equipment or at any time during the ordering process or our supply of the Services;
(v) we think you (or another person at your Home or using your Services) have committed, or may be committing, any fraud against us and/or any other person or organisation by using the Services or the Equipment (or both);
(vi) you or anyone you allow to deal with us on your behalf acts in a way towards our staff or agents which we think is inappropriate enough to justify suspending or restricting a Service;
(vii) we’re no longer allowed to connect, maintain, change or replace the Equipment;
(viii) we need to comply with an order, instruction or request of Government, an emergency services organisation or other authority that we are required to obey; or
(ix) (by giving you notice) if 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.
8.7 For your and our protection we can suspend the Services if the number of calls made or Call Charges incurred by you has increased so much that we think the Services aren’t being used in a similar way to your previous use. We’ll try to contact you before suspending the Services but won’t accept any responsibility for any loss you suffer from the suspension. We won’t provide the Services again until we’re satisfied that you know of the increased Telephone Service use and that you’ll pay any increased Charges. We may also:
(i) ask you to pay a deposit to us, which we can keep as security (in case you don’t pay all your Charges); or
(ii) prevent you from making international calls and/or premium rated calls if, we think they form a significant part of your Charges.
8.8 Either you or we can end the Agreement by giving 30 days’ written notice (via the online Customer Support Centre or by email or letter) to the other:
(i) if one of us seriously breaks the Agreement (and doesn’t put it right within the 30 days’ written notice, telling them they’re breaking the Agreement;
(ii) if something outside our reasonable control, prevents us from providing the Services for a continuous period of more than 30 days; or
(iii) if the other can’t pay its debts or becomes insolvent or bankrupt; and
(iv) we (but not you) can end the Agreement, for any other reason (or no reason).
8.9 Sometimes we may choose to ignore it if you break a term of the Agreement, or we may choose not to enforce a particular term of the Agreement. If we do this, we’ll still have the right to enforce or take action against you for breaking that (or any other) term of the Agreement in the future.
8.10 If we restrict or suspend your Services (as set out in Clauses 8.6 or 8.7), you’ll still have to pay all the Charges for your Services, as if you still had them.
8.11 If we end your Services (as set out in Clauses 8.6 or 8.8) then unless we do this for no reason, you’ll still have to pay the Charges for your Services, as if you still had them, for another 30 days after we end them.
8.12 If the Agreement ends for any reason, you must return the HyperHub and any Free Battery Back-Up Unit you may have, to us at the following address:
Returns, Thamesoptic Ltd. Unit 50 New Lydenburg Street, London, SE7 8NE.
You’re responsible for ensuring that the HyperHub and any such Free Battery Back-Up Unit reach us in good working order. If we don’t receive this from you within 14 days after the Agreement ends or if we receive such Equipment in good time, but it’s faulty or damaged, we can charge you the full replacement value using your usual method of payment (normally direct debit).

9. PAYMENT TERMS AND CHARGES
9.1 You must pay the Charges that apply to the Services you’re receiving from us, as set out in our Guide to Charges and Fees for Residential Customers and in this Clause 9, unless we agree otherwise with you. All recurring Charges are payable from your Services Start Date. One-off Charges are payable as detailed below. We’ll collect all Charges other than Call Charges in advance for the period ahead, while Call Charges will be collected in arrears (after you’ve incurred them).
9.2 Our Charges may include the following fees and charges:
Activation Charge – This is a one-off Charge for connecting to our Services, charged in your first bill.
Battery Back-Up Unit Fee – This is a one-off Charge payable for a Purchased Battery Back-Up Unit.
Call Charges –These Charges are paid every month in arrears (after you’ve incurred them). They’re for calls you make using our Telephone Service that aren’t included in your Package Charge. We’ll try to include all the Call Charges you incur after a previous bill on your next bill. If we choose, we can set a limit on the Call Charges you can incur each month. Once you reach this limit (we’ll warn you before you do), your Telephone Service may be suspended for the rest of the month. You can stop this happening (or have a suspension lifted) by paying some of the Call Charges you incurred that month by debit or credit card. Paid Call Charges will then not count toward your limit.
Installation Fee – This is a one-off Charge (i) charged in your first bill for installation of our Services at your Home where no Thamesoptic socket already exists, in a suitable location of our choice (called the Standard Fee), or for installing or extending a Thamesoptic socket at your Home in or to your choice of location, as agreed with our on-site engineer (called the Bespoke Fee); or (ii) payable where we send an engineer, at your request, to install a Purchased Battery Back-Up Unit at your Home by connecting it to your Hyperhub (to be charged in a bill near the time the installation is carried out).
Order Cancellation Fee – One-off Charge, paid on demand if you ask us to provision your Order during the 14-day Cooling-off Period (at which time you’ll also have accepted responsibility to pay us an Order Cancellation Fee if one applies to you) and then cancel your Order within that same Cooling-off Period (see Clause 7.7). The Order Cancellation Fee will include any Call Charges (which are not free of charge) incurred by you during the Cooling-off Period and may also include any installation and/or Equipment costs incurred by us in provisioning your Order (as set out in Clause 7.7) before you cancelled it. If you are an Installation-only Service Customer this Charge will cover any installation and/or Equipment costs incurred by us in providing you with the Service before the date you cancelled. No Order Cancellation Fee is payable by you if the building at which your Premises are located provides you with the Internet Service and/or Telephone Service free of charge.
Payment Return Fee – You must pay a Payment Return Fee of £10 every time your direct debit payment bounces or fails for any reason.
Package Charge – You pay this Charge every month in advance (for the period ahead), for us providing you with your Internet Service and/or Telephone Service. You may not have to pay a Package Charge if your Home is in a building which provides you with our Internet Services and/or Telephone Services free of charge (though you will be charged if you ask us to provide you with a higher level of package). All Customers will have to pay any Call Charges that aren’t included in their Package Charge.
Re-activation Fee – This is a one-off Charge, which you must pay if we ask, to re-activate your Services after they’ve been ended or suspended.
Replacement Items Fee – This is a one-off Charge, which you must pay if we ask if we need to repair or replace any of the Equipment we provided you with, for you to use our Services.
Service Termination Fee – This is a one-off Charge, which you must pay if we ask, if you cancel your Services before the end of any Minimum Period that applies to them. We’ll calculate this based on the time you still have left of your Minimum Period (as set out in our Guide to Charges and Fees for Residential Customers).
Static IP Address Fee – You may have to pay this Charge every month in advance (for the period ahead), if you ask for, and we give you, a static IP address.

9.3 There are no charges for any Services provided by our Customer Support. Phone calls you make to our Customer Support are free during the free call times specified in our standard Telephone Service, but you’ll need to pay charges for calls made outside of the free call times. If you use our “free anytime” Additional Telephone Package, these calls will be free at all times. If you use another telephone provider’s network to make these calls, you’ll need to pay their charges, which may be different to ours.
9.4 Unless you have agreed with us otherwise, you can only pay us by direct debit, except to pay for an Installation-only Service or Call Charges for our Telephone Service where you are close to your Call Charges limit (if you have one), as set out in Clause 9.2 under “Call Charges”. For these, you can use a Thamesoptic approved debit or credit card. When you place your Order for our Services you’ll need to give your bank account details and sign an agreement to pay our bills by direct debit. If your bank details change, you must tell us immediately. If you don’t, your Services may be affected (suspended or ended). You can change your details online by accessing your Account online via the Customer Support Centre or by letting Customer Support know in writing (email or letter).
9.5 Unless you choose our Installation-only Service, during your first month of receiving our Services, we’ll send you two bills. You’ll get the first bill on the day after your Services Start Date. This will include a Package Charge (and, if applicable, a Static IP Address Fee) for your first month of Services, Call Charges you incurred on the Services Start Date, and any applicable Activation Charge and/or Installation Fee. Your second bill will be sent to you approximately two weeks after the first bill. It will include a Package Charge (and, if applicable, a Static IP Address Fee) for your second month of Services, plus any (unpaid) Call Charges you incurred during the month before this bill. After that, you’ll get a monthly bill, on around the same date in the month as your second bill, for your next month’s Package Charge and any Call Charges you incurred during the month before the bill. The amount set out in your bill will be taken from your bank account by direct debit (as you agreed with us when you placed your Order), 10 Working Days after your bill date.
9.6 Thamesoptic can change prices for the Services at any time, by giving you notice in writing. This will include sending an email to your Registered Email Address. Clause 21 (“Changes to our Charges, these Terms, and/or the Services”) sets out how you can end the Agreement if a change we make to our Services significantly disadvantages you.
9.7 All bills will be issued and held in your online Account in the Customer Support Centre, which you can access through the “My Account” section of our Website. You’ll need your username or your Registered Email Address, as well as your password to do this. We’ll send an email to your Registered Email Address to tell you have a new bill. It’s your responsibility to read it and keep a copy.
9.8 If you genuinely think that we’ve made a mistake with the Charges on your bill, you must tell us straight away. You must pay the amount that you agree you owe us. We won’t suspend or end your Services while we look into the matter.
9.9 Other than as described in Clause 9.8, where there may be a mistake with the Charges, you must pay us all sums you owe us in full, unless there’s a separate legal right not to.
9.10 We can charge you interest (at 4% per annum above Barclays Bank plc’s base rate at that time) on your overdue payments, if you don’t fully pay us what you owe by the due date. This interest will be charged from the date you should have paid us, until the date we receive the full amount you owe (which includes the full amount of any interest).
9.11 If we don’t receive full payment for the Services we provided to you, we can suspend or end them and do anything necessary to recover the amount you owe us (which will include any costs we incur in collecting this amount). We’ll write to you at your Registered Email Address to tell you before we do this.
9.12 You’ll have to pay VAT on our Services. The prices shown in our Guide to Charges and Fees for Residential Customers include this VAT, but on your bills, you’ll see the VAT amount listed separately. No VAT is payable on any Payment Return Fee.

10. SERVICE INTERRUPTIONS
10.1 Sometimes, we need to carry out work to maintain, repair or upgrade our Network or Services. This means we might have to:
(i) interrupt all or part of the Services. If we do so, we’ll try to restore the Services as quickly as we can;
(ii) change your area code or phone number; or
(iii) make small changes to the technical part of our Services. This could be a change to how much information you can transfer at one time using our Internet Service or a change to our Network or we may need to suspend our Services for a short time. We’ll try to let you know before we make any such change or suspension, if it significantly affects your Services.
10.2 We’ll do everything we reasonably can to reduce the effect on you of any disruptions to our Services but we can’t guarantee a fault-free Service at all times. For more details about where we accept responsibility for losses and costs to you, read Clause 14 (“Thamesoptic’s Liability to you and Limitations on Thamesoptic’s Liability”) and for details about when and how we’ll compensate you automatically for certain delays in relation to our Services or for certain missed engineer appointments, please see our Automatic Compensation Policy
10.3 We’ve set out what you have to do under your Agreement with us in Clause 12 (“Your Obligations”). If we think you’ve broken any of these obligations (which includes not following the Acceptable Usage Policy), we can suspend your Services, or in some situations, end your Agreement with us (see Clause 8 (“Term of Agreement, Suspension, Restriction, and Termination”)). We’re not responsible for any costs or losses to you if we do this and don’t have to tell you before we do this, unless it’s because you haven’t paid us what you owe (when we’ll let you know by email to your Registered Email Address)
10.4 We’re not responsible to you for disruptions caused by anything beyond our reasonable control (see Clause 16 (“Matters Beyond our Reasonable Control”)), apart from as set out in our Automatic Compensation Policy

11. MOVING HOME
11.1 Please contact Customer Support if you’re planning a move and we’ll try to reduce any difficulties this can cause to your Services. We can only provide our Services at your new home if this is already set up to be connected to our Network at the time you move. If we do provide our Services to you at your new home, we’ll usually treat you as a new Customer. This means you’ll have to go through the ordering process again and any Minimum Period for Services at your new home will start on the Services Start Date for those Services at your new home. In addition, you may have to pay an Activation Charge and/or an Installation Fee (although you may be able to use your existing Equipment) and you may not be able to keep your existing phone number. Note that if you purchase our Services for (and to be provided immediately on moving to) your new home, and your move was during a Minimum Period for your Services at your previous home, we will not charge you a Service Termination Fee for ending the Services at your previous home. You can get more information on the Charges you’ll have to pay if we are able to provide our Services at your new home, during the ordering process.
11.2 If we can’t provide our Services at your new home, you can cancel your Agreement with us. If you have a Minimum Period for your Services and you cancel your Agreement before this Minimum Period has ended, you’ll have to pay a Service Termination Fee. This is based on the number of months you have left of your Minimum Period (and is charged as set out in our our Guide to Charges and Fees for Residential Customers). If you don’t have a Minimum Period (or your Minimum Period has ended) you can cancel your Agreement by giving us 30 days’ written notice (online via the Customer Support Centre or by email or letter to Customer Support).

12. YOUR OBLIGATIONS
12.1 You agree to do the following things at all times:
(i) make sure that you and anyone else using our Services through your Account keep to the terms set out in our Acceptable Usage Policy as updated and shown on our Website;
(ii) if you use our Telephone Service, (a) you won’t advertise your phone number in or on a public phone box or use the Telephone Service to make nuisance or hoax calls, (b) you agree that you don’t own the phone number and won’t transfer (or try to transfer) it to anyone else, (c) you agree that we can give your name, address and phone number to the emergency services and (unless you tell us otherwise) also to other authorised providers of public communications services and regulated providers of directory services (so your details can be included in phone books and be found using publicly available directory enquiry services), (d) you agree that we aren’t liable if we provide any information about you to an authorised provider of public communications services or a regulated provider of directory services, and they make a mistake with listing your details (although we can tell you about other options that are available to protect and control how your information is used);
(iii) keep your security information safe and tell us immediately if you think that someone knows it who shouldn’t or someone who doesn’t have your permission is using our Services through your Account;
(iv) give us complete and correct information (especially during the ordering process) and make sure this information is always kept up to date and correct;
(v) tell us immediately about any fault or problem with our Services (or with us providing them to you) and/or any fault with or damage to any Equipment or Additional Equipment;
(vi) make sure that your equipment, any Additional Equipment and software used by you meets the terms of all Applicable Laws and has the European Consumer Equipment Standards ‘CE’ mark on it, and that you have any necessary licences before you use your equipment or Additional Equipment to connect to our Network, making sure that it and any software you use is compatible with our Equipment;
(vii) control the content that you (or anyone else using our Services through your Account) upload or download using our Network. We have no responsibility for any such content;
(viii) fully keep to your Agreement with us and any reasonable instructions we give you;
(ix) fully compensate us for any losses, expenses or costs (including legal costs) which we incur where another person or company brings a claim against us in connection with you (or someone else using your Account to access our Services) using or misusing our Services or breaking your Agreement with us (this is called an indemnity and makes you 100% responsible for the full amount of any claim we have against you);
(x) not to use the Services for any commercial or business use (except for Home Working);
(xi) accept that the Complaints Code of Practice which sets out how you can make a complaint about us or our Services and how we deal with this, as well as how you can make a claim under our Number Porting Compensation Scheme, applies to you;
(xii) pay all amounts you owe us in full (without keeping any back for any reason unless you’re required to do this by law). You aren’t entitled to assert any credit, set-off or counterclaim against us to justify keeping back all or any part of such amount;
(xiii) not to use a Battery Back-Up Unit to provide your Hyperhub with back-up power without fully understanding, accepting and following the provisions of the Battery Back-Up Guide.
12.2 Sometimes, we may (with or without notice to you) check and/or record how you’re using our Services. This might be because we’re required to do so by law, court order or another authority which can make us do this, or for us to check that you’re keeping to your Agreement with us. Please see our Privacy and Cookie Policy for more details on how we use your information.
12.3 We may record marketing calls and calls to Customer Support. We do this for training purposes, to help prevent identity fraud and to improve the quality of our customer services. We also record all calls to the 999 or 112 emergency services.
12.4 You must keep the email address which you give us when ordering our Services (see Clause 3.5 (“Placing an Order”)) active. If this is no longer possible, you must register a new email address with us instead of that one. You can make these changes to your email information by accessing your Account through the “My Account” section of our Website or by contacting Customer Support by phone or email. The email address that you have registered with us at any time will be your “Registered Email Address”. You’re responsible for maintaining and regularly checking emails sent to your Registered Email Address.
12.5 You’re treated as having read any email which we may send to your Registered Email Address.

13. SPECIAL PROVISIONS RELATING TO THE TELEPHONE SERVICE
13.1 You understand that our Telephone Service may not offer all the features you expect from a traditional phone line. Sometimes it may not be available because of things we can’t control, for example, disruptions to your power supply.
13.2 You understand and agree that our Telephone Service depends on your connection to the Network and the availability of the Network. It won’t work if there’s a power failure or a failure in the Network.
13.3 The FAQs on our Website have more information on our Telephone Service and its limitations and you should read them.
13.4 You understand that our Telephone Service allows calls to the emergency services numbers 999 and 112. Calls to these services will fail if there’s a power failure or if your Internet Service connection fails. You agree that you will have an existing copper wire phone line at your Home (if there is one) or another way of making emergency calls. If you intend to use a Battery Back-Up Unit to power your Hyperhub during a failure of your usual power supply, you agree that you have fully understood, accepted and will follow the provisions of the Battery Back-Up Unit Guide. If you are using a Battery Back-Up Unit to connect to our Telephone Service during a failure of your usual power supply, you must use a corded telephone, which can be plugged directly into the Hyperhub and doesn’t need any other power supply (as described in the Battery Back-Up Unit Guide). You understand and accept that the Battery Back-Up Unit cannot provide power to a DECT cordless telephone.
13.5 If you use our Telephone Service, we’ll register your home address. We do this for billing purposes and so that emergency services know your phone number and location when you dial 999/112. If we suspend our Telephone Service under this Agreement, you’ll still be able to dial 999/112 using our Telephone Service, as long as there’s no power failure or failure in the Network.
13.6 We’ll take reasonable steps to help you if you want to move your phone number from our Network to another provider’s network. We’ll also take reasonable steps to help you move your phone number from another provider’s network to ours, if you tell us you want to do this when you place your Order. Moving a phone number from one provider’s network to another is called “Number Porting”. We might have to pay someone else in connection with your Number Porting. If we do, you’ll have to compensate us for this. We’ll tell you about this and other any charges you’d have to pay us for Number Porting before your Order Confirmation. You can then decide if still want to do it. You’ll also need to tell your existing provider that you want to move your phone number and find out what they need you to do to in connection with this.
13.7 Sometimes Number Porting isn’t possible. This means you won’t be able to keep your existing phone number when you change to a new provider. We won’t start a Number Porting process to another network unless you’ve fully paid everything you owe us at that time. We estimate it’ll take up to 15 Working Days from when we write and tell you we’ve received your Number Porting request, to the date the Number Porting happens. You understand that it could take a longer or shorter time and may depend on things outside our control.
13.8 If you ask to move your phone number from one network to another, the new and old network providers need to work together to get the new network ready for your phone connection. We call things they need to do the “Activation Steps”. Once they have carried out the Activation Steps, the network providers will agree a date for the Number Porting to happen. If you’re moving your phone number to our Network, we’ll send an email to your Registered Email Address telling you this date (the “Porting Date”). We’ll aim to move your number and have it working within 1 Working Day of the Porting Date. If you want to start using our Telephone Service before we’ve moved your old phone number to our Network, we’ll give you a temporary phone number. You can use this temporary number with our Telephone Service until the Number Porting of your old number has happened.
13.9 We may find out that the Activation Steps haven’t been completed, after we’ve emailed you with a Porting Date. If this happens, we’ll agree a new Porting Date with your old network provider. We’ll send you another email to your Registered Email Address with this new Porting Date, which will replace the previous Porting Date. If we need to change your Porting Date in this way, you can’t treat it as a delay or as us mishandling the Number Porting and we won’t have to compensate you for changing the date.
13.10 If you’re moving your phone number to our Network and we delay the Number Porting for more than 1 Working Day after the last Porting Date we emailed to your Registered Email Address, or where we’ve genuinely mishandled your Number Porting, we’ll compensate you for the delay or mishandling. The details of this compensation are set out in our Number Porting Compensation Scheme, which is in our Complaints Code of Practice.
13.11 Our Acceptable Usage Policy applies to all calls you make using our Telephone Service. We can put limits on your calls, require you to pay extra charges or suspend or end your access to our Services if we think you haven’t complied with that policy. If we think we need to, we can also record some of your calls, to make sure that you’re using our Telephone Service in line with this policy.

14. OUR LIABILITY TO YOU AND THE LIMITS ON OUR LIABILITY
14.1 Where we carry out any obligations under the Agreement, we’ll only do this with the reasonable care and skill of a competent service provider. We don’t warrant that our Services will be fault-free or uninterrupted, but we will use all reasonable care and skill to provide and maintain them. Neither can we guarantee that the Equipment we provide will never be faulty. If you think it might be, Clause 5.3 (“Equipment”) tells you what to do.
14.2 If our negligence causes death or personal injury, we accept responsibility for this and there’s no limit to our liability. We also accept responsibility for fraud, fraudulent statements or any other liability that the law doesn’t let us exclude or limit.
14.3 Neither we nor any company in our group (or any person connected with us or such company) will accept responsibility (if the law allows this) for any liability in contract, tort (including breach of statutory duty) or otherwise arising under or in connection with this Agreement for:
(i) losses to you from you breaking your Agreement with us;
(ii) losses caused by you using a Service in a way that breaks the Agreement;
(iii) loss or damage to you or any user of our Services or Website relating to using (or not being able to use), or the result of the use of, these, the Equipment or any other website. This includes losses from delays or interruptions to our Services;
(iv) loss or damage to you or any user of our Services or Website from any materials posted on our Website or another website, which was accessed through our Network.;
(iv) losses of income or revenue;
(v) commercial or business loss or loss of opportunity, loss of profit, loss of goodwill, loss of contract or wasted management or office time;
(vi) losses of savings you were expecting to make;
(vii) losses or damage caused by malware or the unauthorised use of a Service on any of your devices;
(viii) losses of, the corruption of, or the release of, data (including personal data), information or software;
(ix) losses from the failure of safety, security or other alarm system, because they’re not compatible with a Service, or for another reason that’s not our fault;
(x) losses or damage from you using equipment that we haven’t supplied;
(xi) the cost to you of getting substitute goods or services;
(xii) losses which we couldn’t reasonably have expected or which we couldn’t have considered when we entered the Agreement or which are not directly caused by us, our Services or our Equipment or are indirect or consequential;
(xiii) claims made against us, because of any condition, warranty or other terms implied by law. (Sometimes the law suggests that particular conditions, warranties or terms are treated as part of an agreement, even they’re not specifically put into that agreement – these are “terms implied by law”. No such implied terms are part of your Agreement where the law allows them to be left out. This means you can’t make claims based on them); or
(ix) any other loss or damage of any kind,
but this doesn’t prevent claims (a) for loss of or damage to your physical property arising from our negligence, for which we’ll only pay up to £100,000 in any 12-month period or (b) any other claims for direct financial loss to you relating to the Agreement (or that we’re responsible for by law), in either case that aren’t excluded by any of the categories set out in (i) to (xiii) of this Clause 14.3. If you do have a genuine, proven claim against under this Clause 14.3, then except in relation in property damage as set out in (a) of this Clause 14.3 (ix), we’ll only pay up to a total of 125% of the Charges due from you in the calendar year in which the event which caused your loss happened, for all events in that calendar year.
14.4 Except as set out in Clauses 14.1 to 14.3 above, we accept no responsibility for loss or damage caused when someone other than you, our paying Customer, accesses your connection to our Services, your computer, the Equipment or other related equipment (including any Additional Equipment) or accesses, destroys or distorts any data or information held by us.
14.5 We’re not responsible for any goods or services supplied to you under a separate agreement with another supplier, even if you acquired them through our Network.
14.6 We won’t be responsible to you for any losses you may suffer if you’ve used the Services or Equipment we provide for business purposes (other than for Home Working, though all other provisions in this Clause 14 will still apply).
14.7 If the Services or Equipment fail, and you divert your phone or internet to another communications provider, we won’t be responsible for the cost to you of doing this.
14.8 Each provision of this Clause 14 is to be treated as a separate provision, applying and surviving even if one or more of the other provisions of this Clause is held to be inapplicable or unreasonable.
14.9 You may have rights under the law which the terms of your Agreement with us can’t affect. For example, the law may give you certain rights relating to Equipment which is faulty or has been described wrongly. As a residential customer of Thamesoptic, you may also have rights as a “consumer” (though this won’t apply if you’re a small business). For more details of your legal rights, you should contact your local Citizens Advice Bureau, www.citizensadvice.org.uk.
14.10 You must always try your best to reduce any losses, damage or costs you may incur.

15. AUTOMATIC COMPENSATION
15.1 Sometimes, when things go wrong and there’s a delay in providing you with the Internet Service or Telephone Service you ordered from us, or a delay in repairing a fault in these Services, or one of our engineers misses an appointment you’ve arranged with us to have these Services installed or repaired, we might compensate you automatically. You can find further details about this in our Automatic Compensation Policy

16. MATTERS BEYOND OUR REASONABLE CONTROL
16.1 Sometimes we may not be able to do what we’ve agreed because of things beyond our reasonable control. This could be things such as lightning, flood, severe weather, fire, explosion, terrorist activities, war, riots, damage or vandalism to our Network, Equipment, or any apparatus we’ve installed, anything done by local or national Governments or other public authorities, or strikes or other industrial action. There may be other reasons too. In these cases, except as set out in our Automatic Compensation Policy, we’re not responsible if we can’t provide you with our Services.

17. OTHER GENERAL PROVISIONS
17.1 The Agreement for our Services is only between you and us. You can’t transfer it or your rights to your Services to anyone else, or try to do so. However, we may take instructions from someone else we think, with good reason, is acting with your permission. We can transfer the Agreement, provision of the Services and/or our rights and obligations under it to someone else. If we think this might have a negative effect on your Services or your rights under the Agreement, we’ll tell you before we do this and ask your permission. You have to give your permission unless it’s reasonable for you to refuse it, delay it or put conditions on it.
17.2 You accept that when you order your Services from us we may have to do a credit check on you. This means looking into your records with credit reference agencies like Experian and Equifax or with fraud prevention agencies. Whenever we have information about you, we’ll protect it and keep it safe, as set out in our Privacy and Cookie Policy. This may include sharing this information to prevent fraud or where the law requires us to do so. This might be because we’ve received a court order about the information or someone has a legal power to demand it. We may also share information about you with other companies and organisations (including other communications companies). You can find out more about how we’ll deal with your information in our Privacy and Cookie Policy.
17.3 If you receive any information from us (or someone acting for us) which might reasonably be confidential to us, you will not tell or show it to anyone else. You can only use such information to carry out your obligations under your Agreement with us.
17.4 If a court, arbitrator or any government agency tells us that any part of the Agreement isn’t valid, the remaining parts of the Agreement will still be valid and enforceable.
17.5 Each part or term of your Agreement with us is treated as separate. It’ll still be valid even if other parts or terms of the Agreement are found to be invalid or unreasonable.
17.6 No-one, except for you and us, has rights under the Agreement or the right to enforce any of its terms. No others can use the Contracts (Rights of Third Parties) Act 1999 to acquire such rights.
17.7 Your Agreement with us sets out everything we’re agreeing between us about our providing you with your Services. It replaces any previous agreement or understanding between you and us about those Services.

18. HOW WE CONTACT EACH OTHER
18.1 You may contact us in any of these ways:
(i) online, via the “My Account” section of the Website, by raising a “ticket”;
(ii) by emailing Customer Support at: support@thamesoptic.com;
(iii) online, via the live webchat option on our Website;
(iv) by phoning Customer Support on: 02081236644; or
(v) by sending a letter to Customer Support at: Unit 50 New Lydenburg street, London SE7 8NE.
If there’s anything you need to tell us that’s important, you should put this in a letter and post it to us at the address in 18.1(iv), even if you’ve also told us about it another way. If you want to end your Service(s), however, you don’t need to tell us this by letter if you’ve already let Customer Support know by email, phone, raising a “ticket” or live webchat (as set out in Clause 8).
18.2 We’ll usually contact you at your Registered Email Address. We may also write to you at your billing address, or phone you on your mobile or fixed phone number.

19. COMPLAINTS
You may need to contact us if you’re having a problem with us or our Services. Our Complaints Code of Practice tells you how you can do this. It also explains how we deal with your complaints and disputes.
If you wish to make a complaint, please send an email to support@thamesoptic.com. This will allow us to deal with your complaint promptly. You may also call us on the number set out in this Clause 19 below. However, we’ll always need information about your complaint to be made in writing, so we can investigate properly.
We’ll try our best to sort out any complaint or dispute you have. If we can’t, you can take the matter to an alternative dispute resolution service (an “ADR Service”). The ADR Service we use is called Ombudsman Services. It helps resolve disputes we might have with individuals and small businesses (with 10 or fewer employees) who are our customers. It’s completely independent from us and will be free for you to use.

If you’re reporting any illegal or unacceptable use of our services, please email support@thamesoptic.com and provide us with as many details and as much evidence as possible to help us understand and investigate the problem (such as a copy of the message and/or headers, the full URLs or log files showing unauthorised access to your Account, depending on the type of misuse you wish to complain about). Please always make sure that you include a short description of why you’re making the complaint, together with your name and full contact details.
If you wish to make a complaint or need any further information about the Agreement, please contact us on:
Email: support@thamesoptic.com
Customer Support: 02081236644
You can find more information about Ombudsman Services in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of this to you.

20. JURISDICTION AND APPLICABLE LAW
20.1 Your Agreement with us is made under English and Welsh law. If a dispute or claim arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and Welsh courts. If we choose to, though, we can use the courts where you live (if this isn’t England or Wales) or in any other country we think is appropriate.

21. CHANGES TO OUR CHARGES, THESE TERMS AND/OR THE SERVICES
21.1 From time to time, we may change our Services, Equipment, Charges or the terms of your Agreement with us. This could be for any of the following reasons:
(i) to introduce a new feature to any Service or to change the way we provide a Service or how it’s structured (which could include upgrades and improvements or what’s contained in a Service or that we can provide our Services in new areas);
(ii) to introduce new Equipment or make changes to existing Equipment (including withdrawing it) and/or how we provide it (which could include upgrades and improvements);
(iii) to make technical changes to our Network and/or the technology we use (which could improve our Services);
(iv) to change your area code or phone number;
(v) to change how we structure our Charges (which could be a change to what a Charge includes);
(vi) to make your Agreement with us clearer or easier for you to understand;
(vii) if we’ve changed the way we manage our business and/or the cost of running it increases;
(viii) because the cost to us of providing the Services has increased (for example, the businesses we buy from increase their prices);
(viii) to reflect a change to a law, code of practice, regulation, guidance or responsibility that applies to us; or
(ix) another reason not listed here that we can’t predict right now.
21.2 If we increase our Package Charge or change any other Charges or the terms of your Agreement with us in a way that we believe significantly disadvantages you:
(i) we’ll tell you (by email to your Registered Email Address) at least 30 days before the change. Sometimes these changes may be outside of our control (for example where they’re because of legal, financial, or regulatory requirements). If we need to make changes for these reasons, you won’t be able to end your Services without charge, and if we can’t give you 30 days’ notice of these changes, we’ll give you as much notice as possible;
(ii) depending on the change, you may then be able to end the Service affected by it or your Agreement with us (we’ll tell you which, in our email to you) without paying any extra charges for leaving early. To do this, you must write (by email or letter) and tell us you want to end the Service or your Agreement (as applicable). You must do this within 30 days after the email we send you about the change;
(iii) if you end any Service (but not the Agreement) in this way, the Agreement will still apply to all other Services, not affected by the change; and
(iv) we’ll publish details of the change on our Website.
21.3 If we make any other changes to your Agreement with us, we’ll do this by amending the relevant Terms or provisions of the Agreement on our Website (and will notify these changes to you on the home page of our Website from time to time).
21.4 You should check our Website from time to time to take note of any changes we made to these Terms, as they can affect your Agreement and are legally binding on you. Sometimes a notice or other provision on another part of our Website might replace part of these Terms.

22. DATE
These Terms are effective from 13 January 2020.

23. DEFINITION OF THE WORDS USED IN THESE TERMS
In these Terms, the following words and expressions shall have the meanings given to them below:
“Acceptable Usage Policy” means our Acceptable Usage Policy.
“Account” means your account with us, with the details you provided to us when you ordered our Services and other information about your Services. You can access your Account online, through the “My Account” section of our Website (www.thamesoptic.com). You can also ask about your Account if you contact Customer Support.
“Activation Charge” means the activation charge as set out in our Guide to Charges and Fees for Residential Customers.
“ADR Service” means an alternative dispute resolution service as described in Clause 19 (“Complaints”).
“Additional Equipment” means any equipment you might purchase from a supplier other than us (whether not this supplier is recommended by us).
“Additional Services” means any extra Services and features we provide you in connection with our Internet Service and/or Telephone Service, from time to time.
“Additional Telephone Packages” means any extra packages available for your Telephone Service from time to time.
“Agreement” means the Agreement for our Services, between you and us, as described in Clause 2.6 (“These Terms of Service”). “Applicable Law” means any 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 that applies to the Agreement, our Services, you or us, from time to time.
“Automatic Compensation Policy” means our Automatic Compensation Policy.
“Battery Back-Up Unit” means a battery unit that we send you on your request, which you can use to provide the Hyperhub with back-up power when there is a failure of your usual power supply. When fully charged, the battery unit should provide 1 hour of back-up power.
“Battery Back-Up Unit Fee” means the one-off Charge payable for a Purchased Battery Back-Up Unit, as set out in our Guide to Charges and Fees for Residential Customers.
“Battery Back-Up Unit Guide” means the online guide (a paper copy of which is supplied with any Battery Back-Up Unit we send you) which contains details of how the Battery Back-Up Unit works.
“Call Charges” means the call charges payable when using our Telephone Service.
“Charges” means any or all charges payable to us in connection with our Internet Service, our Telephone Service, any other charges for Additional Services as listed in our Guide to Charges and Fees for Residential Customers.
“Complaints Code of Practice” means our Complaints Code of Practice.
“Cooling-off Period” means the period of 14 days, starting on the day after we send you our Order Confirmation.
“Customer” means you, our residential customer.
“Customer Support” means our customer support team (see Clause 18 (“How We Contact Each Other”).
“Customer Support Centre” means the online customer support centre, which Customers can access via their Account on our Website.
“Equipment” means any telecommunications or other equipment (including the HyperHub, cables and accessories, faceplate, Battery Back-Up Unit, media converter and cabling) we supply you to help you use our Services (including upgrades and replacements to these items). It doesn’t include any equipment you may purchase from an alternative supplier.
“Free Battery Back-Up Unit” means a Battery Back-Up Unit which you request and receive from us free of charge and which remains our property.
“Home” means the address that you give us in your Order which is where we then install our apparatus (including the Equipment) and agree to provide you with our Services in accordance with your Order.
“Home Working” means (i) you using our Services at Home for business purposes while working away from your usual place of work; or (ii) you or others in your small business (meaning a business with ten or less employees) which you operate from Home, using our Services for your work.
“HyperHub” means the router we supply you through which you can connect your devices (such as your computer or mobile) to our Network.
“Installation Fee” means the fee for installing access to our Services and/or a Purchased Battery Back-Up Unit at your Home, as set out in our Guide to Charges and Fees for Residential Customers and in Clause 9.2 of these Terms.
“Installation-only Service” means us only providing you with our socket-only Installation and supplying you with no other Services.
“Internet Service” means access to our “always on” internet service, which includes the features of the package you chose. This could be our 5Mb Fibre Broadband package, 20Mb Fibre Broadband package, 30Mb Fibre Broadband package, 50Mb Fibre Broadband package, 100Mb Fibre Broadband package, 150Mb Fibre Broadband package, 500Mb Fibre Broadband package or 1Gb Fibre Broadband package (whether for a Minimum Period or with a Monthly Rolling Package), each as described on our Website and/or in your Order Confirmation.
“Landlord” means the landlord or building manager, as described in Clause 4 (“Services Purchased by the Landlord or Building Manager in Multi-Tenanted Dwellings”).
“Landlord Services” means the services described in Clause 4.1.
“Minimum Period” means the minimum commitment period (if there is one) for which you agree to keep the Services you order from us. It starts on the Services Start Date for each of the Services set out in your Order Confirmation. If you end the Services before this Minimum Period finishes, you’ll have to pay a Service Termination Fee (which is charged as set out in our Guide to Charges and Fees for Residential Customers), unless you change package to one with a longer Minimum Period, as set out in Clause 7.4. We may change the Minimum Period for any Service but this won’t affect you if you’ve already received your Order Confirmation for that Service.
“Network” means the network we use to provide our Services to you.
“Monthly Rolling Package” means a package with no minimum commitment period but you must give us at least 30 days’ written notice (using the online Customer Support Centre, or by email or letter) to end it.
“Order” means the order you make and/or send us for the supply of our Internet Services and/or Telephone Services and/or any Additional Services.
“Order Cancellation Fee” means the one-off fee, paid on demand if you ask us to provision your Order during the 14-day Cooling-off Period (at which time you’ll also have accepted responsibility to pay us any Order Cancellation Fee if one applies to you) and then cancel your Order within that same Cooling-off Period (see Clause 7.7). The Order Cancellation Fee will include any Call Charges (which are not free of charge) incurred by you during the Cooling-off Period and may also include any installation and/or Equipment costs incurred by us in provisioning your Order (as set out in Clause 7.7) before you cancelled it. If you are an Installation-only Service Customer, this Charge will cover any installation and/or Equipment costs incurred by us in providing you with the Service before the date you cancelled.
“Order Confirmation” means an email from us, after you’ve placed an Order for our Services, confirming that we’ve accepted your Order.
“Order Form” means a paper order form which a Customer fills in and submits to create an Order, where that Customer can’t place or confirm an Order online.
“Package Charge” means the charge you pay every month, in advance (for the period ahead), for us providing you with your Internet Service and/or Telephone Service package, as set out in your Order Confirmation. You’ll still have to pay any Call Charges that aren’t included in your Package Charge.
“Privacy and Cookie Policy” means our Privacy and Cookie Policy as amended from time to time.
“Purchased Battery Back-Up Unit” means a Battery Back-Up Unit which you request, purchase and receive from us by paying the Battery Back-Up Unit Fee and which (following receipt and payment) is your own property.
“Re-activation Fee” means a one-off fee, which you must pay if we ask, to re-activate your Services after they’ve been ended or suspended. You can find more details on this fee in our Guide to Charges and Fees for Residential Customers.
“Registered Email Address” means the email address that you’ve registered with us as part of your Account information (as described in Clause 12.4 (“Your Obligations”)).
“Replacement Items Fee” means the one-off fee which we may ask you to pay if we need to repair or replace any of the Equipment we provided you with. Details of this fee are set out in our Guide to Charges and Fees for Residential Customers.
“Service Activation Email” means an email from us, after we’ve fulfilled your Order confirming that we’ve activated your Services.
“Services” means our internet and telephone related services which are ordered by you and provided by us under your Agreement with us. These services could be any of our Installation-only Service, our Internet Service, our Telephone Service and any Additional Services.
“Services Outage” means a failure or disruption in the Services.
“Services Start Date” means the date on which we activate the Services you order from us, as set out in Clause 8.1 (“Term of Agreement, Suspension, Restriction, and Termination”).
“Service Termination Fee” means the one-off fee, which we may ask you to pay if you cancel your Services before the end of the Minimum Period. Details of this fee are set out in our Guide to Charges and Fees for Residential Customers.
“Static IP Address Fee” means the fee you pay monthly in advance (for the period ahead), if you ask for, and we give you, a static IP address. Details of this fee are set out in our Guide to Charges and Fees for Residential Customers.
“Terms” means these Residential Customer Terms of Service for Customers purchasing any of our Services.
“Telephone Service” means our telephone over internet service. Our Customers can use this to make phone calls which are recognised by the public switched telephone network (PSTN). The Telephone Service you purchase from us will include the features described on our Website. It’ll also include any Additional Telephone Packages you’ve added to your chosen package.
“Website” means www.thamesoptic.com or any other replacement website address we may tell you.
“Working Day” means any day other than a Saturday or a Sunday or a public holiday in England and Wales.

Acceptable Usage Policy

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

We want you to enjoy using our ultrafast broadband and telephone services (“Services”). But we also want to make sure that you use them in way that doesn’t harm the rights or safety of others. This is why, like other internet providers, Thamesoptic has an Acceptable Usage Policy (“AUP”). This AUP sets out rules for using our Services and our website, www.thamesoptic.com, (“Website”) in an acceptable way, and for keeping the network we use to provide our Services (our “Network”) secure. It also sets out uses of our Services which we consider unacceptable and what we might do if you break the rules in this AUP.

ABOUT US
Thamesoptic Ltd (“Thamesoptic”) is a full fibre internet service provider (“ISP”). We’re a limited company registered in England and Wales under company number 08207668 and our registered office and main trading address is at Unit 50 New Lydenburg Street London, SE7 8NE. Our VAT number is 162960889.
We’re regulated in the UK by Ofcom. We’re also a member of the UK Institue of Telecommunication Provider and Ombudsman Services (an independent alternative dispute resolution service) – you can find more information about these organisations in our Complaints Code of Practice.

RESPONSIBILITY FOR USE
In this AUP, when we use “we”, “us” or “our” we mean Thamesoptic and when we use “you” and “your” this also includes any other person (for example, anyone at your business premises or home (your “Premises”)) using your account to access our Services, Website or Network. When we use “free” or “unlimited” calls, we mean calls to UK numbers made using Thamesoptic’s telephone service, which we don’t charge you for. You can find details of our internet service and telephone service plans and standard tariffs (i) for residential customers in our Guide to Charges and Fees for Residential Customers and (ii) for business customers in our Guide to Charges and Fees for Business Customers.
• You’re responsible for any use of our Services and/or Network made through your account with us (your “Account”), whether this is with your permission or not and for any use of our Website. You’re also responsible if this use breaks the rules of this AUP. This would be an “unacceptable use” and is your responsibility even if it happens or is attempted (i) without you knowing or agreeing to it, or (ii) by you contributing to it, or (iii) by you allowing it to happen or (iv) by you acting alone or with others.
• Thamesoptic isn’t responsible for any of your activities in using our Network or Website. You must decide whether any content or communications you access using our Services is appropriate for children or others at your Premises to view or use.
• You must always follow the rules in this AUP when you use our Services (as well as all other terms that apply to your agreement for Services with us) or our Website. This means you also need to make sure that anyone else accessing our Network or a through your Premises or accessing our Services through your Account knows about and follows these rules.
• When using our Services, you must follow all laws, regulations and other “Applicable Laws” (these are defined more fully in our Residential Customer Terms of Service and Business Customer Terms of Service) that apply to you, and have any authorisations or permissions required by them.
• Some types of material infringe certain laws or regulations. These materials may be illegal to possess as well as to send or publish on the internet. You mustn’t post material which (i) infringes the intellectual property rights (e.g. trademarks or copyright) of others (ii) is false and could harm someone’s reputation, or (iii) makes us legally liable for hosting that material on our servers. More information on things you’re not allowed to use our Services or Website for is set out in the “Unacceptable Usage” section below.
• When using our Services or Website, you may end up on other networks or using other websites or services that we don’t own or operate. If this happens, you must follow the acceptable use policies and other terms and conditions set by the operators of those networks websites, and services. We aren’t responsible or liable for the content of any other person’s website, platform, apps or services, even if there’s a link to them from our Website.
• When you place an order for our Services, you’ll have to provide us with an email address. You must keep this email address active and notify us of any changes to it within 3 working days of the changes happening. You should do this by changing your email details in your online customer Account. You can access this through the “My Account” section of our Website. You’ll be treated has having read and accepted any email we may send to you at the email address you’ve provided to us.
If you have any comments or questions about this AUP, or there’s any part of it that you don’t understand, please feel free to let us know by email at support@thamesoptic.com.

UNACCEPTABLE USAGE
It isn’t possible to set out exactly what makes for an “acceptable use” or an “unacceptable use” of our Services. Our AUP is meant to help you understand the types of use that are unacceptable. The list below doesn’t include every use that may be unacceptable to us (there may be others) but should help you understand the sort of behaviour we don’t allow or which is illegal.
You may only use our Network, Website and Services for lawful purposes. You can’t use them:
• in any way that breaks any laws or regulations that might apply (whether in the UK or elsewhere);
• in any way that’s criminal, illegal, unlawful or fraudulent, or that has any criminal, illegal, unlawful or fraudulent purpose or effect;
• to harm or try 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 that doesn’t follow our “Content Standards” section below;
• to send, or cause the sending of, anything related to pyramid selling schemes or any unsolicited communications or unauthorised advertising (like spam or nuisance calls). (If you do this we can block these materials or communications and you’ll have broken the rules of this AUP);
• to intentionally or negligently send any data, or send or upload material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted files, or any other harmful programs or similar computer code designed to harm computer software, hardware or telecommunications equipment owned by us or anyone else. (But you are allowed to pass samples of malware in a safe way to appropriate agencies in order to stop its spread);
• to carry on activities that infringe someone else’s rights. This includes (i) downloading, installing or distributing software that isn’t properly licensed (e.g. pirated software), (ii) deleting any author attributions, legal notices or labels/notices of ownership in any file that’s uploaded, (iii) falsifying the origin or source of any software or other material or (iv) not properly following the Data Protection Act 1998 (and any laws or regulations that change, add to or replace it in any way) when collecting or using an individual’s personal data, as set out in that Act;
• to monitor or record the actions (i) of any person, who’s allowed to be at your Premises, without their knowledge or (ii) of any person or thing outside your Premises including, among other things, any public highway or roadway or another person’s home or business premises; or
• to collect, stream, distribute or access any material that you know or should reasonably know, is illegal to collect, stream, distribute or access.
You must also not:
• reproduce, duplicate, copy, sell or re-sell any part of our Website, Network or Services;
• access without our permission, interfere with, damage or disrupt:
(i) any code or any part of our Website;
(ii) our Network or any equipment or network from which our Services or Website are provided;
(iii) any software used in providing our Services or Website; or
(iv) any equipment, network or software owned or used by someone else, if this is outside what we’d expect of someone using either our Services under a residential or business contract (whichever applies to you) or our Website;
• do anything that may disrupt or interfere with our Website Network or Services or cause our Website or Network, or any computer or other device connected to our Network, to crash;
• launch “denial of service” attacks, “mailbombing” attacks or “flooding” attacks against a network, or a device or computer connected to a network, (including, among other things, 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);
• let people, who don’t live or who aren’t at your Premises, access your Services;
• make excessive use of, or overload, our Network;
• avoid the user authentication or security process of a network or a computer or device connected to a network;
• create, send, store or publish any virus, Trojan, corrupting programme or corrupted data using our Website, Network or Services; or
• give false information on our on-line applications, sign-up forms or contracts. This would include (but isn’t limited to) giving wrong or fraudulent details or information (i) about direct debits, bank accounts or credit card numbers or (ii) in relation to a wayleave or other permission to install our Services at your Premises. If you do this, we can immediately end your agreement for our Services. You may also have criminal or other liability under law.

TELEPHONE SERVICES
If either our Residential Customer Terms of Service or Business Customer Terms of Service applies to your telephone service, the following terms also apply.
• You can make unlimited free calls, which are 1 hour or less in length, to UK destinations (such as numbers beginning in 01, 02, & 03). To be free of charge, your making these calls should be within what we’d expect from you (i) as a residential user; (ii) as a small business (with 10 or fewer employees) customer, using our telephone service at home or for “Home Working” (as described in our Residential Customer Terms of Service); or (iii) as a business customer, as applicable.
If any of these calls last over an hour, we’ll charge you from the end of the 60th minute, at the standard per-minute charge that applies to that call. If you want your call to stay free after the 60th minute, you should end the call before the free hour is over and then redial the same number to carry on the call. You can do this without limit, if you follow this AUP in all other ways and your call pattern is reasonable overall.
• All numbers you dial, beginning in 0500, 0800 or 0808, stay free for the whole length of the call.
• Certain types of call aren’t included in the free calls described above. We’ll charge you for these at our standard rates. These are:
(i) calls to the Channel Islands (e.g. numbers beginning in 01534 and 01481);
(ii) all calls to mobile phones (e.g. numbers beginning in 07);
(iii) all international calls (e.g. all numbers beginning in 00 except 0044 (UK));
(iv) all Premium Rate Service calls (e.g. all numbers beginning in 09);
(v) calls to Number Translation Services (e.g. numbers beginning in 0845, 0870, 0871, 0844);
(vi) all directory enquiry services beginning in 118;
(vii) all other dialling codes, not listed above as free of charge and/or dialled without following this AUP.
• Our telephone service mustn’t be used for (i) auto-dialling, (ii) continuous or extensive call forwarding or call diversion, (iii) fax or voicemail broadcasting or (iv) continuous or extensive incoming-only calls.
• We can immediately stop or change your telephone service if we think you’re not using it in a normal way.
All our call charge rates are published in our Guide to Charges and Fees for Residential Customers and Guide to Charges and Fees for Business Customers.

INTERACTIVE SERVICES
• We may from time to time provide interactive services on our Website, for example, Support Chat conversations, social media and Customer Forums (“Interactive Services”). Where we provide any Interactive Services, we’ll give you clear information about the kind of service offered, whether it’s moderated and, if it is, the sort of moderation that’s being used (e.g. whether it’s human or automated).
• We’ll do our best to work out any possible risks for users (especially for children) from other people when they use any Interactive Services, and will decide in each case whether to use moderation (and what kind this should be). However, we don’t have a duty to keep an eye on or moderate any Interactive Services. We also accept no responsibility for any loss or damage caused by someone who uses an Interactive Services but doesn’t follow the “Content Standards” section below (whether the Interactive Service is moderated or not).
• A child can only use an Interactive Service if their parent or guardian agrees to this. We advise parents or guardians who allow their children to use an Interactive Service to talk to their children about the risks involved with this and about staying safe online.
• Where we moderate an Interactive Services, we’ll normally tell you how you can contact the moderator, if there’s a problem.

CONTENT STANDARDS
This section sets out our content standards. These are rules which apply to all material 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 our Network or Services and to any Interactive Services (as mentioned in the above section). We call these “contributions”.
As with unacceptable use, the list below doesn’t set out every standard which we may apply to your contributions but helps you understand what your contributions can and can’t contain. The standards apply to each part of any contribution, as well as to the whole contribution.
Contributions must:
• be accurate (where they give facts);
• be genuinely held (where they give opinions); and
• follow the laws and regulations of the UK (and of any country they come from) that apply to them;
Contributions mustn’t:
• contain false statements that harm anyone’s reputation;
• contain any material which is indecent, obscene, offensive, hateful or meant to stir up anger;
• promote sexually explicit material;
• encourage violence;
• encourage 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 by breaking a legal duty owed to another person, (like a duty under a contract or a duty to keep material secret);
• encourage any illegal activity;
• be threatening, abuse or invade someone else’s privacy, or cause annoyance, trouble or unnecessary stress;
• be likely to trouble, upset, embarrass, alarm, scare or annoy any other person;
• be used to impersonate any person, or be dishonest about your identity or connection to any person;
• give the impression that they come from us, if this isn’t true; or
• encourage or help an unlawful act, like (as an example only) copyright infringement or computer misuse.

SECURITY
You’re responsible for protecting the customer ID and password(s) you use to access our Services and your account with us. You’re also responsible for any use of your password (even if you didn’t allow it).
• You shouldn’t disclose your customer ID or password(s) to anyone else. If you do, you’re responsible for their use of your account. If your customer ID or password is disclosed or used without your permission, you must tell us immediately. You mustn’t use your customer ID or password(s) to use our Network or Website, in a way that we’d find unacceptable. Nor should you use them to access or try to access other parts of our Network or Services where we haven’t given you permission to do this.
• You’re responsible for taking all reasonable steps necessary to stop someone else accessing our Network through your account, where you’ve not given them permission to do this.
• You must protect your computer from viruses, adware, malware and spyware by installing and updating suitable anti-virus and security software. We’re not responsible for security problems with your computer, its files, or its applications.
• You must keep copies of your own data. We’re not responsible for any loss of your files or data.
• You must tell us immediately if you think that any part of this “Security” section has been breached.

EXCESSIVE USAGE
We don’t have a traffic management policy, although we may choose to use one in the future (with or without notice). But our system does flag excessive use and if we believe that your use of the internet, our Network or Services is so excessive that other customers’ Services are being harmed, then we may give you a written warning (by email or otherwise) to reduce your use. If you don’t do this, we may suspend or end your Services.
If we reasonably think that your use of our telephone service (including, but not limited to, the total number of calls you make to UK numbers) is excessive and unreasonable, we can, if we wish, limit the free calls you can make to UK numbers. We can also, if we wish, charge you, at our standard rate, for all the calls you make to UK numbers, which we think are excessive compared to the number of calls we’d expect of a residential user or small business (with 10 or fewer employees) customer, using our telephone service at home or for “Home Working” (as described in the “Telephone Services” section above). If you are a business user, please see the Business Customer Terms of Service which will apply to your usage.
Before we start charging you for these calls, we’ll let you know by phone or email (using the contact information you’ve provided to us). Our call charge rates for residential customers are published in our Guide to Charges and Fees for Residential Customers and for business customers are published in our Guide to Charges and Fees for Business Customers.

HOW WE WILL DEAL WITH BREACHES
We can use either human or automated methods to see if you’re following this AUP. When you use our Services or our Website, you give us (or our agents or subcontractors) permission do this by checking your networks and/or machines and your use of our Network, Website and/or Services.
• If we think you haven’t followed this AUP, we may investigate this. We’ll try to act reasonably and fairly when we do. If we decide that you haven’t followed this AUP, we can take any action (as set out in the next paragraph) that we think is suitable.
• If we find that you haven’t followed this AUP, you would also have broken your Residential Customer Terms of Service, Business Customer Terms of Service and/or our Website Terms and Conditions, (whichever applies to you). This means we can either deal with the matter under whichever of these documents applies to you or take any of the following actions (with or without notice):
(i) immediate, temporary or permanent suspension or ending of your Services;
(ii) immediate, temporary or permanent removal of any posting or material uploaded by you to the internet using our Services or to our Website whether or not using our Services;
(iii) the issue of a warning to you;
(iv) legal proceedings against you to fully compensate us for all costs to us (including reasonable administrative and legal costs) resulting from you not following this AUP (this is called an indemnity and makes you 100% responsible for the full amount of any claim we have against you);
(v) further legal action against you; and
(vi) the disclosure of any information to law enforcement or other appropriate authorities or regulators that we reasonably think is necessary.;
We aren’t limited to the actions we’ve just set out – we can take any other action we think is reasonably appropriate. We don’t accept any liability resulting from actions we take because of you not following this AUP.

NOTIFICATIONS AND COMPLAINTS
Thamesoptic has a procedure for handling reports or complaints about this AUP.
If you’re reporting any illegal or unacceptable use of our Services or Website, please give us as many details and as much evidence as possible to help us understand and investigate the problem. This could mean copies of messages and/or headers, full URLs or log files showing unauthorised access to your account, depending on the type of unacceptable use you’re telling us about. Please always make sure you include a short description of why you’re making the report, together with your name and full contact details.
If you have any comments or queries about our AUP, or want to report an unacceptable use of our Network, Website or Services, please contact our Customer Support by sending an email to support@thamesoptic.com or phoning 0333 332 1111.
You can find more information about our complaints procedures in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of this to you.

JURISDICTION AND APPLICABLE LAW
Your Agreement with us is made under English and Welsh law. If a dispute arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and Welsh courts. If we choose to, though, we can use the courts where you live (if this isn’t England or Wales) or in any other country we think is appropriate.

CHANGES TO THESE TERMS
We may update or change this AUP at any time. You should check it (on this page) from time to time to take notice of any changes we made, as they’re legally binding on you. Sometimes a notice or other provision on another part of our Website might replace part of this AUP.

DATE
This AUP is effective from from 1 November 2018.

Complaints Code of Practice

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

We care about always providing you with an exceptional service. However, there may be a time when you’re not happy with us or our services.
This Thamesoptic Complaints Code of Practice (“Complaints Code”) lets you know how to make a complaint and how to take your complaint further, if you need to. If you’re unhappy with any part of our service, please contact us and we’ll do our best to sort out your complaint or query.

ABOUT US
Thames Network Ltd (“Thamesoptic”) is a full fibre internet service provider (“ISP”). We’re a limited company registered in England and Wales under company number 08207668 and our registered office and main trading address is at Unit 50 New Lydenburg Street London, SE7 8NE. Our VAT number is 162960889.
We’re regulated in the UK by Ofcom. We’re also a member of the UK Institue of Telecommunication Provider and Ombudsman Services (an independent alternative dispute resolution service) – you can find more information about these organisations in our Complaints Code of Practice.

ABOUT THIS COMPLAINTS CODE
Ofcom requires that all ISPs have a complaints code of practice to protect residential and small business (meaning those businesses having 10 or fewer employees) customers (“Customers”). You may also have rights under the law and/or under our Automatic Compensation Policy and this Complaints Code doesn’t affect them.
This Complaints Code covers the internet and/or telephone service (if you’ve chosen to use it) provided to you by Thamesoptic.

In this Code, all references to “we”, “us” or “our” are references to Thamesoptic and all references to “you” and “your” are references to you our Customer.

HANDLING COMPLAINTS
Initial Complaint
We’re committed to addressing your complaints or queries as fairly and quickly as possible. All members of our staff are aware of our Complaints Code and will always follow it, to make sure this happens.
If you’re unhappy with our services please let us know as soon as you can by emailing or calling our Customer Support, using the contact details set out in this section below. If you prefer, you can send a letter to the address shown below (although this isn’t as fast). We’ll do our best to sort things out as quickly as possible. If you’re not able to make a complaint yourself, you can ask someone to make the complaint on your behalf.
You can contact our Customer Support on:
E-mail: support@thamesoptic.com
Telephone:02081236644
Post: Unit 50 New Lydenburg Street London SE7 8NE (marked “Complaints”)
How We’ll Respond
We’ll try our best to sort out your complaint or query during your first call with us (if you phone us about it) or by emailing you within 48 hours of receiving your complaint (if you tell us about it by email or post). Where this isn’t possible, we’ll agree a course of action with you and (where we can) give you clear timeframes and next steps to sort things out. If you prefer to receive a written response then please ask.
If You’re Not Satisfied
If you’re not fully satisfied with the way we handled your complaint, or we haven’t resolved it completely, please send your complaint by email or post to our Customer Support at the addresses shown above. Once we’ve received your complaint, we’ll acknowledge it within 48 hours and aim to respond to you within 10 working days.
Escalating Your Complaint
Once you have our response, if you’re still unhappy, you can escalate the problem to our Complaints team. You can send a letter at the address for “Post” set out above or email at complaints@thamesoptic.com. Once they’ve received your email or letter, they’ll acknowledge it within 48 hours and try their best to respond to you within 10 working days.

If, after this, you’d like to further escalate your complaint, please write to Escalation team either at the address for “Post” set out above by or email at escalations@thamesoptic.com. Once they’ve received your letter or email, they’ll acknowledge it within 48 hours and try their best to respond to you within 10 working days.
Independent Adjudication
If we can’t sort out your complaint (in a way you’re happy with) within a period of eight weeks, or if we agree before the eight weeks are up that we can’t do anything more to resolve things, we’ll issue a “deadlock” letter. You can then, if you choose, make a complaint through Ombudsman Services. Ombudsman Services offers an independent alternative dispute resolution scheme. It’s approved by Ofcom for the handling of consumer disputes. Its services are free of charge for residential and small business (those having 10 or fewer employees) Customers.

You can contact Ombudsman Services by telephone on 02081236644 or via its website, https://www.cedr.com/

Please note that Ombudsman Services will only deal with your complaint if you’ve first followed Thamesoptic’s internal complaints procedure in full. If Ombudsman Services does deal with your complaint then an independent adjudicator will decide how your issue should be resolved, based on the details of your complaint.
If you’re unhappy with the way we or Ombudsman Services deal with your complaint, you can contact Ofcom, the independent regulator and competition authority for the UK communications industries, at Ofcom Contact Centre, Riverside House, 2A Southwark Bridge Road, London SE1 9HA, Tel: +44 (0) 300 123 3333 or +44 (0) 20 7981 3040, website: www.ofcom.org.uk
You can also get further help and advice from your local Citizens Advice Bureau but this isn’t part of our formal complaints procedure.

NUMBER PORTING COMPENSATION SCHEME
If you choose to use our telephone service, you can ask your existing telephone provider to transfer (or “port”) your old number to our service. If the porting is possible, we’ll email you with a “porting date”. We do this after agreeing the date with your existing telephone provider (which depends on all the “Activation Steps” needed for the transfer being in place). If the number transfer hasn’t happened 1 business day after the porting date, you can claim compensation from us. Compensation will be payable from the 2nd business day after the porting date, until the date the number porting is complete. For more information on this process and the “Activation Steps” needed, please see clause 13 of our Residential Customer Terms of Service.
We calculate the compensation you’re due by multiplying your monthly subscription payment by 12, dividing by 365 and then multiplying this by the number of days’ delay for which you can claim compensation. Any compensation awarded will be added to your next monthly bill (as a credit). Any compensation you’re awarded will fully and finally settle any claim you may have against us (now or in the future) in respect of the delay.

AUTOMATIC COMPENSATION POLICY
Sometimes, when things go wrong and there’s a delay in providing you with the internet service or telephone service that you ordered from us, or a delay in repairing a fault in these services, or one of our engineers misses an appointment you’ve arranged with us to have these services installed or repaired, we might compensate you automatically. You can find further details about this in our Automatic Compensation Policy.

HOW TO GET A COPY OF THIS COMPLAINTS CODE
This Complaints Code is published on our website at www.thamesoptic.com. If you’ve any questions about the Complaints Code, or would like to receive a paper copy, please contact our Customer Support by sending an email to support@thamesoptic.com or phoning 0333 332 1111, or writing to us at
Thames Network Limited
Unit 50, New Lydenburg Street London, SE7 8NE

marked for the attention of “Customer Support”.

CUSTOMERS WITH SPECIAL NEEDS
Thamesoptic welcomes all Customers, including those with special needs. We’re committed to providing a supportive and non-discriminatory environment. To help our Customers with special needs, we can supply large print, Braille or audio versions of this Complaints Code and any of our literature, including all our legal pages, on request. For this or any other help with special needs (i) when using our services or (ii) in relation to an agreement for services you have with us, you can contact our Customer Support by email, telephone or letter (as set out in the previous paragraph).

DATE
This Complaints Code of Practice is effective from 9 September 2019.

Refer a Friend Terms and Conditions

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME
1. A referral is validated when the ‘Friend’ orders a new 12-month contract, selects ‘I was referred’ on the order form and provides the email address of their ‘Referrer’. The Referrer needs to be registered either by making a referral via our website, or registering separately here. If ordering via phone or chat, it is the responsibility of the customer to declare if they were referred. All referrals must be confirmed during the order process to be valid.
2. Once a referral is validated, both the Friend and Referrer will receive an email notification.
3. The standard referral reward is £25 bill credit to the Referrer, and £25 bill credit to the Friend.
4. Rewards will be paid once the Friend’s Thamesoptic account has been active for 30 days.
5. You do not need to be a Thamesoptic customer to make a referral. However, if you make a referral and do not have an active Thamesoptic account, you will not be eligible for a referral reward. Only the Friend referred will receive a £25 bill credit.
6. Referral rewards are variable. Thamesoptic reserves the right to withdraw or change the referral promotion at any time, with or without notice.
7. Bill credit rewards can only be used to subsidise bills or monies owed to Thamesoptic and cannot be exchanged for cash.
8. You cannot recommend yourself or anyone else at your address.
9. Maximum of 12 referrals per calendar year per household are eligible on this scheme. If you’d like to refer more friends, please email details through to support@thamesoptic.com.
10. Check that your friend is happy to hear about this offer from Thamesoptic before you refer them.
11. We’ll withhold rewards if we reasonably suspect fraudulent activity. All decisions made by Thamesoptic are final.
12. Thamesoptic employees or their family are not eligible for the referral scheme.
13. This offer is not applicable when the Friend is, or has at some previous time, been a customer with Thamesoptic.
14. Refer a friend is valid for residential customers only. Business customers excluded.
15. You will automatically become a ‘Registered Referrer’ once you make an online referral.
16. As a Registered Referrer, the email address that you register or put through the online referral form will be your unique referral code.
17. As a Registered Referrer you can track validated and issued referrals in the My Account pages if you are a Thamesoptic customer.

WIN A £1K AMAZON VOUCHER TERMS:
Thamesoptic has five £1,000 Amazon vouchers to give away. There will be five prize draws, one for each voucher. Each successful referral will count as one chance in each prize draw. Maximum times you can win is once. Referrals must be valid under Thamesoptic’s standard referral terms and conditions, and the person referred must order between 18th November 2019 and 31st December 2019. Winners will be selected at random by a computer process that produces a verifiably random result from those valid entries received during the competition period. Winners will be notified by 17th January 2020 using the email address and/or telephone number they referred with and given instructions on how to claim their prize. The prize will be issued electronically by email within 28 days of the winner being notified. If a winning participant has not contacted Thamesoptic within 28 days of notification to claim their prize their right to the prize will be forfeited and an alternative winner will be chosen. Prizes are non-transferable and cannot be resold, or exchanged for cash. The prize draw is open to UK residents (excluding Northern Ireland) aged 18 years or over, except employees of Thamesoptic, their families, agents or any third party directly associated with administration of the prize draw. The winner’s name and county for each voucher can be obtained by sending an email to support@thamesoptic.com within 3 months after the closing date of the prize draw. Personal data supplied during the course of this promotion will only be processed as set out in Thamesoptic’s Privacy Policy.

Automatic Compensation Policy

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

We aim to provide you, our Residential Customer, with an exceptional service. However, sometimes things go wrong and there may be a delay either in providing you with the broadband service or telephone service you ordered from us or in repairing a fault in these services, or it may happen that one of our engineers misses an appointment you’ve arranged with us to have these services installed or repaired.
We understand the importance to you of providing our broadband and telephone services on time, repairing faults in these services quickly and keeping to appointments related to providing or repairing these services.. We also recognise the difficulties caused when this doesn’t happen. That’s why we’ll compensate you automatically for any such delay or missed appointment, as set out below in this Automatic Compensation Policy (“ACP”).
Even if you’re entitled to compensation under this ACP, you can still make a complaint if you’re unhappy about any part of our service and we’ll do our best to sort out your problem or query – our Complaints Code of Practice sets out how you can do this.
Note also that compensation paid to you under this ACP doesn’t limit any other legal rights you may have as a consumer.
In this ACP, all references to “we”, “us” or “our” are references to Thamesoptic, all references to “you” and “your” are references to you, our Residential Customer and all references to our website are to www.thamesoptic.com.

1. ABOUT US
Thames Network Ltd (“Thamesoptic”) is a full fibre internet service provider (“ISP”) and a limited company registered in England and Wales. Our company number is o08207668 ur registered office and main trading address is at Unit 50 New Lydenburg Street London, SE7 8NE  and our VAT number is 162960889.
We’re regulated in the UK by Ofcom, the UK communications regulator. We’re also a member of the Institue of Telecommunication Provider and Ombudsman Services (an independent alternative dispute resolution service), about both of which there are further details in our Complaints Code of Practice.

2. ABOUT THIS ACP
This ACP covers any broadband and telephone services we’ve agreed to provide you with, under your legally binding agreement with us.
It sets out how, if all the conditions relating to the delays and/or missed appointments described below apply to you, we’ll compensate you automatically.
There are three types of situation where this compensation will apply (delayed activation, delayed repair and missed engineer appointment). The details of the compensation (“Compensation”) we’ll pay you in relation to each of these situations (“Service Issues”) are set out below.

3. COMPENSATION
3.1 Compensation for delayed activation
Unless section 3.6 applies, we’ll compensate you automatically if we don’t activate the broadband and/or telephone services you ordered from us (which can include an upgrade of existing Services) by 11.59pm on the date we initially confirmed with you in writing that the activation would happen (the “agreed date”).
The amount of Compensation will be £5 for failing to activate these services on the agreed date and a further £5 for each full day following that agreed date where the services have still not been activated until (but not including) either the first alternative date on which we offer to activate the services or, if earlier, the date you or we cancel or end those services.
For example, if services are due to be activated on a Wednesday but this is delayed until Thursday, then we’ll compensate you £5 for the missed activation date. If instead we delayed activation until a day later (so your services became available on Friday), then £10 would be payable (£5 for missing the agreed date and another £5 for the full day you had to wait (Thursday) before your Services were activated on Friday).
You’ll also be entitled to Compensation for delayed activation if we fail to deliver your Hyperhub on the agreed date and you tell us that you haven’t received it (unless we can prove that we correctly posted it to you).
You don’t have to make a claim for this Compensation. We simply let you know if you’re entitled to it and automatically credit the amount we owe to your account with us (“your Thamesoptic Account”), as explained in section 3.4 below.
If you’re entitled to it, you’ll still receive this Compensation even if you’re also entitled to Compensation for one of our engineers missing their appointment with you (as set out in section 3.3 below).
Note that the limits and exclusions set out sections 3.5 and 3.6 below, will apply to any Compensation for delayed activation.
3.2 Compensation for delayed repair
Unless section 3.6 applies, we’ll compensate you for a delayed repair, if we’ve provided you with our broadband and/or telephone service and you:
(i) report to us (either by calling us on 0333 332 1111, via the “Live chat” function on our website, by emailing us at support@thamesoptic.com or by raising a ticket in the My Account section of our website) that you can’t access the public internet, or, if we’ve provided you with our telephone service (which works over the internet), that you can’t make calls using the service (we call this a “loss of service”); and
(ii) after we check that service (either by engineer visit or testing remotely) we find that there’s an access problem, for which we should record (or have recorded) a fault; and
(iii) the fault isn’t repaired by 11.59pm either on the day two working days after you reported it (or are treated as having reported it – see next paragraph) (the “Report Time”) or by such later date as you request.
Note that unless we have you registered for “Priority Fault Repair”, if you report the loss of service on a non-working day or outside the “standard working hours” of 9.00am to 5.00pm on a working day, the Report Time will be 9.00am on the first working day after your report. If we have you registered for “Priority Fault Repair” under our Ofcom obligations, the Report Time will be treated as the time we first became aware of the fault, even if you only reported it to us later.
So, for example, if you report a loss of service during standard working hours on Monday (or, where we have you registered for “Priority Fault Repair”, if we first become aware of your loss of service during that time), we’ll pay you Compensation if we haven’t fixed that fault by 11.59pm on Wednesday (unless you asked for a later repair time).
We won’t (as set out in section 3.6(i) below) have to pay you any Compensation for a delayed repair where the delay is due to you not accepting the first date we offer you to sort out your Service Issue.
Note also that to be eligible for the Compensation, your loss of service should be due to an unplanned change in the way the network on which we provide your Thamesoptic broadband and/or telephone services (our “Network”) is working. We won’t compensate you for disruption to your services caused by planned work being carried out on our Network that we’ve already told you about.
If you’re entitled to Compensation for delayed repair of a loss of service, we’ll pay you £8 for missing the time limit set out in paragraph (iii) above and (if it applies to you) a further £8 for each full day that your loss of service continues after that time limit.
If you’ve reported the loss of service and the other conditions of the Compensation apply to you, you don’t need to make a separate claim for the Compensation – we’ll automatically credit the amount we owe to your Thamesoptic Account, as explained in section 3.4 below.
If you’re entitled to it, you’ll still receive this Compensation even if you’re also entitled to Compensation for one of our engineers missing their appointment with you (as set out in section 3.3 below).
If you report to us (by phone, “Live chat”, email or by raising a ticket in the My Account section of our website, each as described in paragraph (i) above) that you can’t access the internet using our broadband service or make calls using our telephone service within 48 hours of our repairing a previous fault that’s eligible for Compensation and the new fault has the same underlying cause, then the way we’ll calculate any Compensation to which you’re entitled for this, will be as if the first fault had carried on without repair.
So, if you reported your first loss of service during standard working hours on Monday, if it were fixed on Thursday and were eligible for Compensation for delayed repair, you’d receive £8 Compensation because the repair hadn’t been completed by the end of Wednesday (11.59pm on the day two working days after the Report Time). If you then reported a further loss of service within 48 hours of that repair, for example on Saturday, and this loss of service had the same underlying cause as the first loss of service, if this new loss of service were repaired on Monday (with no further loss of service), you’d be compensated as if the first loss of service (that you had reported on the previous Monday) had carried on until then. This means you’d also get £8 Compensation for each of Thursday, Friday, Saturday and Sunday.
Note that the limits and exclusions set out in sections 3.5 and 3.6 below, will apply to any Compensation for a delayed repair.
3.3 Compensation for missed engineer appointment
Unless section 3.6 applies, we’ll compensate you for a missed engineer appointment if:
(i) we’ve confirmed an engineer appointment slot with you; and
(ii) you need this appointment in order for us to provide you with, or to repair, our broadband service (which includes an upgrade to a service with a higher speed); and
(iii) the engineer fails to arrive during that appointment slot,
except if (a) we’ve called you (and left a message if do not pick up the call) at least twenty-four hours before the beginning of your slot to tell you that this appointment has been changed or cancelled (we’ll also follow this up with a message to the email address you’ve registered with us (“your Registered Email Address”), confirming the same) or (b) you agree with us to change the slot for another slot that same day.
If you’re entitled to Compensation for a missed engineer appointment, we’ll pay you £25.
You don’t have to make a claim for this Compensation. We simply tell you as soon as we know you’re entitled to it and automatically credit the amount we owe to your Thamesoptic Account, as explained in section 3.4 below.
3.4 Payment of Compensation
If you’re entitled to Compensation for delayed activation, delayed repair or a missed engineer appointment, as set in sections 3.1, 3.2 and 3.3 above, we’ll credit your Thamesoptic Account with the amount due to you.
If, at the time we pay your Compensation, you have either never received a bill from us or won’t (for any reason) be receiving any further bills from us, we’ll make the payment directly into your bank account, using the most recent bank details with which you’ve provided us in connection with your Thamesoptic Account.
Your Thamesoptic Account (or, if you won’t be receiving any bill from us, your bank account) will be credited with the Compensation no later than:
(i) for delayed activation (as described in section 3.1 above), thirty days after (a) the Service Issue is sorted out or (b) either you or we end or cancel the service intended to be activated, whichever happens earlier;
(ii) for delayed repair (as described in section 3.2 above), thirty days after (a) the Service Issue is sorted out or (b) either you or we end or cancel the affected service, whichever happens earlier; and
(iii) for a missed engineer appointment (as described in section 3.2 above), thirty days after the date of the missed appointment.
Even if your Thamesoptic Account is credited with Compensation within the thirty day period described above, the amount may only appear on a bill we issue after those thirty days have ended.
3.5 Limits on Compensation
We won’t pay Compensation for any period after either you or we have lawfully ended or cancelled the affected service(s).
Compensation applies on a “per order” rather than “per service” basis. This means that if you have ordered both our broadband and our telephone service for your premises, and both services are affected at the same time, you can’t receive separate Compensation for each service – we’ll just make one Compensation payment in respect of both services.
We won’t pay Compensation for faults which aren’t in our Network or which don’t relate to our broadband or telephone services.
If we send a notice to your Registered Email Address (a “Notice”) which satisfies the conditions set out in the following paragraph (including sub-paragraphs (i) to (iii) below), we won’t have to pay you any Compensation for delayed activation or delayed repair referred to in that Notice, related to any time after thirty days from the date of that Notice.
We won’t send you a Notice sooner than thirty days after you become eligible for Compensation for delayed activation or delayed repair. Any Notice we send you will set out:
(i) the date on which the Compensation to which it relates will stop (the “Stop Date”), which can’t be less than thirty days from the date of the Notice;
(ii) that you won’t have to pay a Service Termination Fee if you want to end or cancel the broadband and/or telephone service to which the Notice relates before the Stop Date (even if we activate or restore that service to you before the Stop Date; and
(iii) that you can still raise your delayed activation issue as a complaint (as set out in our Complaints Code of Practice) and how, if we can’t sort out your complaint within eight weeks you may then be able to take the matter to an independent alternative dispute resolution provider (again, as set out in our Complaints Code of Practice).
If neither of us ends or cancels the affected service before the Stop Date, we’ll use reasonable efforts to try and reduce the effect of your not having that service. If this isn’t possible, we’ll continue to pay Compensation for it, unless you’ve unreasonably refused any offer we make of an alternative arrangement to help solve your Service Issue.
Nothing set out above explaining how we can limit Compensation by sending you a Notice affects any right that (a) you may have to cancel your Thamesoptic broadband or telephone services or claim any other compensation or (b) we may have to cancel or end those services.
3.6 Exceptions
We won’t pay you Compensation if:
(i) you’re at fault for the Service Issue or you prevent the Service Issue from being sorted out. This means, for example, that to be eligible for Compensation, you must give us the access we need to your premises and/or relevant equipment. It also means that we won’t pay you Compensation for delayed activation or loss of service where the delay in activation or repair is due to you failing to accept the earliest date on which we offer to fix those Service Issues.;
(ii) we reasonably believe that your report of a loss of service is baseless and intended to be a nuisance to us, or untrue, or dishonest, or trivial;
(iii) an event occurs for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004, and our obligation to pay the Compensation is due to the effects of this event and couldn’t reasonably be avoided by us;
(iv) we could reasonably expect that if we took the action needed to prevent us having to pay the Compensation, we would (or would be likely to) breach a law or regulation;
(v) you’ve committed an offence under sections 125 or 126 of the Communications Act 2003 (these legal provisions relate to dishonestly obtaining communications services);
(vi) you’re in breach of the terms and conditions which apply to your affected Thamesoptic broadband and/or telephone services;
(vii) the fault doesn’t relate to the broadband or telephone service we’re providing you with; or
(viii) the fault is caused by other equipment or activity at your premises.
Other than as set out in this section 3.6, we’ll pay any Compensation due to you, where your Service Issue was caused by something outside of your or our control.

Business and Leased Line Customer Terms of Service

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

Business Customer Terms of Service

1. DEFINITIONS
1.1. In these Terms, the following words and expressions shall have the meanings given to them below:
”Activation Steps” means the steps necessary to be taken by a Customer’s new and old telephone network provider in order to move that Customer’s telephone number to the new provider’s network, as set out in Clause 13.5.
“Additional Services” means any supplementary Services and features from time to time provided by Thamesoptic in connection with the Business Broadband Service and/or Telephone Service.
“Additional Telephone Packages” means any supplementary packages from time to time available with the Telephone Service.
“Agreement” means the Agreement described in Clause 2, which definition in relation to Clause 7 is as modified by Clause 7.3.
”Ancillary Services” means means any services the Customer orders which are additional to Landlord Services, as set out in Clause 7.6.
”Apparatus” means any apparatus (including but not limited to Equipment and additional equipment) which Thamesoptic installs, or arranges to be installed, at the Premises.
“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 from time to time applicable to the parties.
“AUP” means Thamesoptic’s Acceptable Usage Policy, as updated from time to time.
”Business Broadband Package” means any of Thamesoptic’s packages for Business Broadband Services and Telephone Services (as set out in www.thamesoptic.com/business), for which a business customer has submitted or can submit an Order.
“Business Broadband Service” means the internet service comprising access to “always on” internet services, including the features and functionality in relation to the chosen Business Broadband Package.
“Business Day” means any day other than a Saturday or a Sunday or a public holiday in England and Wales.
”Business Order Form” means the form for Orders from time to time made available by Thamesoptic.
“Business Support” means Thamesoptic’s Business Support Team which can be contacted by emailing support@thamesoptic.com or on 0333 332 1111, 24 hours a day, 7 days a week.
“Call Charges” means the Charges for calls made using the Telephone Service that are not included in the Customer’s Rental Charge, calculated as detailed in the Guide to Charges and Fees for Business Customers.
”Changes” means any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment, as set out in Clause 20.2.
“Charge or Charges” means any or all charges payable to Thamesoptic in respect of the Services as detailed in the Guide to Charges and Fees for Business Customers.
”Claims” means all third party claims, actions or proceedings brought or threatened against Thamesoptic arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement, as set out in Clause 12.1.
“Complaints Code of Practice” means Thamesoptic’s Complaints Code of Practice which sets out how Thamesoptic’s domestic and small business (those with 10 or fewer employees) customers can make a complaint about Thamesoptic and/or its Services and how to take this further, if so required.
“Connection Charge” means the one-off Charge for connecting to Thamesoptic’s Services, charged in a Customer’s first invoice and as set out on an Order and/or as detailed in the Guide to Charges and Fees for Business Customers.
“Customer” means the business customer entering into the Agreement.
”Direct Debit Return Fee” means the £10 Charge which Thamesoptic may charge a Customer each time any of that Customer’s direct debit payments to Thamesoptic under the Agreement is not honoured for any reason.
“Equipment” means any telecommunications or other equipment (including, but not limited to, the HyperHub, cables and accessories, faceplate and cabling provided by Thamesoptic) that are supplied to facilitate and enhance usage of the Services as detailed on the Website (including upgrades and replacements). This does not include any equipment purchased or acquired from a supplier recommended by Thamesoptic or from an alternative source or supplier. This is referred to as ‘additional equipment’.
“Faults” means any faults in relation to the Services.
“Force Majeure” means any event beyond Thamesoptic’s reasonable control including without limitation, lightning, flood, severe weather, fire, explosion, terrorist activities, war, civil disorder, damage or vandalism to the Network, Equipment or any apparatus Thamesoptic has installed, acts or omissions of local or national governments or other competent authorities, strikes or industrial disputes.
”Guide to Charges and Fees for Business Customers” means Thamesoptic’s Guide to Charges and Fees for Business Customers, setting out the list of Charges relating to Services payable by Thamesoptic’s business customers, as updated from time to time.
“HyperHub” means the router supplied by Thamesoptic for wireless access and to facilitate connecting the Customer’s equipment (including, but not limited to, personal computers) to the Network.
“Thamesoptic” means Thames Network Ltd, registered in England and Wales with company number 08207668  and having its registered office at Unit 50 New Lydenburg Street London, SE7 8NE
“Thamesoptic Business Order Form” means the order form (either on the Website or in paper format) which the Customer fills in and submits to order Services upon these Terms.
“Installation Fee” means the one-off Charge payable (a) where there is no existing Thamesoptic socket at the Premises, to install such a socket at either (i) Thamesoptic’s chosen location at the Premises (a ”Standard” Installation Fee) or (ii) at the Customer’s chosen location at the Premises (a ”Bespoke” Installation Fee); or (b) to extend a connection from an existing Thamesoptic socket at the Premises (again, a ”Bespoke” Installation Fee), in each case as detailed in the Guide to Charges and Fees for Business Customers.
“Installation-only Service” means the provision by Thamesoptic of installation services with no additional ongoing Services, as described in the Guide to Charges and Fees for Business Customers.
”Landlord” means the landlord or building manager of Premises, as described in Clause 7 (”Multi-Tenanted Buildings”).
”Landlord Services” means the Services provided at a Premises, where the Landlord of the Premises has entered into an agreement with Thamesoptic to provide such Services, as described in Clause 7.1.
”Landlord Services Claims” means claims or other legal proceedings against Thamesoptic whether in contract, tort (including negligence and breach of statutory duty) or misrepresentation, in connection with any failure of or fault with the Landlord Services or any issues relating to installation in relation to Landlord Services, as described in Clause 7.3.“Minimum Period” means, in relation to each Service, the minimum term of the Agreement as it relates to that Service as stated in the Order, starting from the applicable Services Start Date.
”My Account” means the ”My Account” section of the Website, through which the Customer can access and make certain changes to its account details and can view latest invoices.
“Network” means the network utilised by Thamesoptic to provide the Services.
”Number Porting Compensation Scheme” means the Number Porting Compensation Scheme described in Clause 13.8 and of which further details can be found in the Complaints Code of Practice).
“Order” means a request for provision of the Services in the Business Broadband Package submitted in the form required or such other form as is acceptable to Thamesoptic.
“Order Cancellation Fee” means the one-off Charge, payable on demand, if the Customer cancels an Order prior to the Services Start Date, as detailed in the Guide to Charges and Fees for Business Customers.
”Porting Date” means the date the Customer’s old and new telephone network providers agree that the Activation Steps have been carried out, as set out in Clause 13.5.
“Premises” means the address specified in the Order where the Services are to be supplied.
“Privacy Policy” means Thamesoptic’s Privacy and Cookie Policy as from time to time amended.
“Re-activation Fee” means the one-off Charge, payable on demand, for Thamesoptic to reactivate a Customer’s Services once they have been terminated or suspended, as detailed in the Guide to Charges and Fees for Business Customers.
“Rental Charge” means the monthly Charge payable to Thamesoptic in advance in relation to an Order for a Business Broadband Package which is set out on an Order. Call Charges are not included in the Rental Charge.
“Replacement Items Fee” means a Charge, payable by the Customer on demand, if Thamesoptic needs to repair or replace any Equipment that Thamesoptic provided to the Customer in connection with the Services. This Charge is detailed in the Guide to Charges and Fees for Business Customers.
“Services” means the internet and/or telephone-related services ordered by the Customer, as set out on an Order and subject to confirmation under Clause 2.3.
“Services Start Date” means the date on which the Customer receives or is deemed to have received the Equipment and welcome pack, being 3 days after these are dispatched by Thamesoptic.
“Service Termination Fee” means the one-off Charge payable by the Customer, at Thamesoptic’s demand, if the Customer cancels its Services before the end of the Minimum Period. The Charge is calculated by reference to the remaining length of the Minimum Period and is detailed in the Guide to Charges and Fees for Business Customers.
“Term” means, in relation to each Service, the period from the relevant Service Start Date until termination of the Agreement in relation to such Service.
“Terms” means these Standard Terms and Conditions for Thamesoptic Business Broadband Service and/or Telephone Services and any Additional Services.
“Telephone Service” means the telephone over internet service comprising access to a line or lines capable of making and receiving calls recognised by the public switched telephone network (PSTN), including the features and functionality described on the Website www.thamesoptic.com and any Additional Telephone Packages from time to time added to the Customer’s Services.
“Website” means www.thamesoptic.com or any other website address notified by Thamesoptic to the Customer.
1.2. References herein to a “party” are to either Thamesoptic or the Customer and to “parties” are to both of them.
1.3. References herein to “Clauses” are to the clauses comprising these Terms. Headings used herein are for guidance only and shall not affect the interpretation of this Agreement.

2. ORDERS
2.1. The Customer may request provision of the Services (i) by calling Business Support and placing a telephone Order or (ii) by filling in and submitting the Thamesoptic Business Order Form either on the Website or in paper format. Submission of an Order as per (i) or (ii) of this Clause 2.1 represents an offer by the Customer to purchase the Services on and subject to these Terms. Acceptance by Thamesoptic of an Order as provided in Clause 2.3, subject to Clause 2.3(ii), shall create an Agreement between the parties incorporating the following documents: (i) these Terms; (ii) the Guide to Charges and Fees for Business Customers; (iii) the Privacy Policy; and (iv) the AUP.
2.2. In the event of any conflict between the documents referenced in Clause 2.1, they shall be accorded priority in the order listed in that Clause, save in the event of a conflict relating to pricing in which event the document at (ii) in that Clause shall take precedence over the Terms.
2.3. Thamesoptic may accept Orders in its sole discretion. Orders shall be accepted only upon the dispatch by Thamesoptic of a confirmation email. No verbal communications shall be deemed to constitute acceptance nor shall acceptance be inferred from conduct (including without limitation installation under Clause 6.1). Upon delivery by Thamesoptic to the Customer of an email confirming acceptance of an Order, such Order shall be binding on both parties. Once accepted by Thamesoptic, (i) each Order for Services shall create a separate Agreement between the parties governing provision of the Services requested therein; and (ii) any Order requesting the addition or removal of a Service to a previously accepted Order or requesting transfer to an alternative Business Broadband Package (as provided in Clause 6.4) shall be deemed an amendment to the Agreement between the parties relating to the original Business Broadband Package ordered by the Customer, reflecting the version of these Terms in force at the date of such amendment. Further, the Minimum Period in relation to such amended Services or such alternative Business Broadband Package as referred to in (ii) shall be as set out in Clause 6.4.
2.4. The Customer warrants that it contracts as a business customer and not as a consumer and that all information provided by it during the Order process and/or during the term of the Agreement is complete and accurate in all respects and is not misleading.
2.5. When ordering Services, the Customer shall provide Thamesoptic with a valid email address which Hyperopic will register, along with any other details relevant to the Customer’s account with Thamesoptic. Thamesoptic will usually use this email address to contact the Customer though may also contact the Customer in writing at the Customer’s billing address or by telephone on any mobile or fixed telephone number the Customer has provided to Thamesoptic. The Customer agrees to (i) keep such email address active and available; (ii) regularly check emails sent to such email address; and (iii) keep details in relation to its account with Thamesoptic up to date. Where it is no longer possible for the Customer to keep such email address active, it must register a new email address with Thamesoptic. The Customer can make any changes to its email information by accessing its account with Thamesoptic through the “My Account” section of the Website or by contacting Business Support by telephone or email. The Customer will be treated as having read any email which Thamesoptic may send to the email address then currently registered in relation to the Customer’s account with Thamesoptic.

3. SERVICES
3.1. Thamesoptic shall provide each Service from the relevant Services Start Date for the Term on and subject to the terms of the Agreement.

4. EQUIPMENT
4.1. Thamesoptic shall provide the Equipment, following acceptance of an Order, in accordance with Clause 2.3.
4.2. The Customer acknowledges and agrees that: (i) the Equipment remains the property of Thamesoptic, may be used only to access the Services and, other than in relation to returning any Equipment in accordance with Clause 4.4 or returning the Hyperhub in accordance with Clause 4.5, must be retained at the Premises during the term of the Agreement and thereafter, unless Thamesoptic agrees otherwise in writing and (ii) the Charges have been calculated on this basis. Other than in relation to the HyperHub on termination of the Agreement, which should in such event be returned to Thamesoptic in accordance with Clause 4.5, and except as provided in Clause 4.4, if any Equipment is damaged or removed, the Customer will be liable to pay the then current cost of installation and/or replacement. For the avoidance of doubt, the Customer may not at any time (i) sell (either directly or indirectly), export, re-export or transfer the Equipment to anyone else or (ii) use the Equipment outside the UK. The Customer must promptly provide Thamesoptic with any information it requests in relation to the location of the Equipment.
4.3. The Customer shall not: (i) do anything or allow anything to be done at the Premises that may cause damage to or interfere with the Equipment or prevent use or easy access to it; or (ii) without prejudice to the generality of the foregoing, interfere or tamper with, sell, charge, mortgage or otherwise deal in or obstruct or remove or obscure notices attached to the Equipment nor allow any third party to do any of the foregoing.
4.4. In the event of a fault with the Equipment during the manufacturer’s warranty period, the Customer may contact Business Support and return the relevant item as directed. Thamesoptic shall test and shall repair or replace the Equipment at no cost to the Customer save where Thamesoptic reasonably believes that there is no fault or that the fault is due to the act, omission or negligence of the Customer, in which event the Customer shall be liable for payment of a Replacement Items Fee.
4.5. On termination of the Agreement for any reason, the Customer shall return the Hyperhub to Thamesoptic at the following address: Returns, Thamesoptic Ltd., Unit 4, Little Johns Lane, Reading RG30 1RA. The Customer shall ensure that the Hyperhub reaches Thamesoptic in good working order. If either Thamesoptic does not receive it within 14 days after the Agreement ends or does receive it but it is damaged or faulty, Thamesoptic may charge the Customer the full replacement value.

5. ACCESS TO PREMISES AND PERMITS
5.1. The Customer warrants that it is the current occupier of the Premises and either the freeholder of the Premises or a tenant under a lease with permission to install the Equipment at the Premises from the freeholder.
5.2. The Customer hereby: (i) grants to Thamesoptic a licence to perform such works as may be required to install apparatus (“Apparatus”) (including but not limited to Equipment and additional equipment) at the Premises, to retain and use such Apparatus so-installed and to connect to, maintain, alter, replace and/or remove the same and (ii) agrees to grant access to the Premises for Thamesoptic, its employees, agents and/or contractors to inspect the Apparatus and perform the tasks set out in (i).
5.3. Thamesoptic shall cause as little disturbance at the Premises as reasonably practicable and shall repair, to the Customer’s reasonable satisfaction, any damage occasioned by it.
5.4. The Customer shall follow any reasonable instructions given by Thamesoptic in relation to the Apparatus and shall ensure that a representative is present at the Premises whenever access is required.
5.5. The Customer shall obtain any consent or permission that might be required from a third party to cross their land or install Equipment on their Premises, including procuring signature of a wayleave agreement in such form as Thamesoptic may reasonably require. Thamesoptic is not obliged to install or provide the Services unless all consents and permissions have been obtained. If the Customer fails to procure any necessary consent or permission, Thamesoptic may terminate the Agreement and in such event shall repay any Connection Charges less any costs incurred by Thamesoptic prior to the date of termination.

6. INSTALLATION AND CONNECTION
6.1. Connection to the Business Broadband Service takes place via a Thamesoptic socket. If no Thamesoptic socket is available at the Premises when the Customer places an Order or if Thamesoptic agrees to move or re-wire a Thamesoptic socket at the Premises or to install an additional Thamesoptic socket at the Premises, such works shall be subject to payment of an Installation Fee.
6.2. Following installation, save in relation to the Installation-only Service, Thamesoptic shall assign to the Customer a single static IP address which is free of charge. The IP address remains the property of Thamesoptic and is for use solely in connection with the Service. The Customer cannot sell it or agree to transfer it to anyone else and must not try to do so. It shall revert to and may be reassigned by Thamesoptic on disconnection of the Services or termination of the Agreement.
6.3. The speed and performance of the Business Broadband Service will depend on a number of factors, some of which are outside Thamesoptic’s control. The Business Broadband Service will operate at its fastest where the Customer uses an Ethernet cable to connect directly to its Thamesoptic socket (though there will be some loss of throughput speed). Thamesoptic does not warrant or represent that the connection will reach any given speeds or that maximum transmission speeds can be obtained at any given time. Thamesoptic shall use its reasonable endeavours to inform the Customer of any issues affecting the Services and shall attempt to resolve them as soon as reasonably practicable.
6.4. The Customer may transfer its chosen Business Broadband Package to any other Business Broadband Package then available at the Premises and may add or remove the Telephone Service and/or add or remove Additional Telephone Packages from the Telephone Service in writing by email or letter). Any such transfer, addition or removal during the Minimum Period shall restart the Minimum Period from the date the Customer starts receiving the amended Service(s) under its existing Business Broadband Package or Service(s) under its new Business Broadband Package, as applicable. Where the Customer transfers to a different Business Broadband Package, the restarted Minimum Period shall be whichever is longer – the remaining time of the Minimum Period of the original Business Broadband Package or the full Minimum Period that applies to the new one.
6.5. If Thamesoptic fails to connect the Services in an Order for more than 30 days following the date that Order is accepted in accordance with Clause 2.3, and such failure does not result from the act or omission of the Customer, the Customer may terminate the Agreement in respect of the relevant Service(s) by written notice, such notice to be served at any time prior to such Service(s) being activated. In such event, any Charges already paid by the Customer in respect of such Service(s) shall be refunded to it.
6.6. The Customer agrees that any connection dates provided by Thamesoptic are estimates only. Thamesoptic shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any delay in installing or activating the Services or otherwise for any failure to achieve such dates.
6.7. Thamesoptic’s sole obligation hereunder is to make the Services available to the Customer. The Customer shall be responsible for ensuring it is able to access the Services including for ensuring that it uses a router or Ethernet cable capable of connecting to the Services. Thamesoptic shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise under or in connection with this Agreement for the Customer’s failure to access the Services.
6.8. If the Services are disconnected or suspended for any reason, the Customer shall be liable to pay a Re-activation Fee.

7. MULTI-TENANTED DWELLINGS
7.1. The following paragraphs apply where the landlord or building manager of the Premises (the “Landlord”) has entered into an agreement with Thamesoptic to provide Services to the Premises, including to the Customer’s workspace (the “Landlord Services”).
7.2. Thamesoptic’s agreement with the Landlord is subject to and conditional upon the Customer’s complying with these Terms and with the additional documents referenced in Clause 2.1. In return for Thamesoptic’s agreeing to make the Landlord Services available to the Landlord, the Customer agrees that it shall comply with these Terms and those additional documents.
7.3. The Customer acknowledges and agrees that Thamesoptic’s obligation to provide the Landlord Services is owed to the Landlord and not to the Customer. Accordingly, the Customer further agrees that: (i) the Agreement (which in relation to this Clause 7 means the agreement for the provision of the Landlord Services) is limited to the Customer’s agreeing to comply with these Terms and with the documents referenced above in return for Thamesoptic’s agreeing to make the Landlord Services available to the Landlord; (ii) as between Thamesoptic and the Customer, Thamesoptic shall have no obligation whatsoever under the Agreement in respect of the provision of the Landlord Services and all provisions relating to the installation, provision and maintenance of the Landlord Services and other provisions imposing obligations or restrictions on Thamesoptic shall be ineffective; (iii) In the event of a failure of or fault with the Landlord Services or any issues relating to installation any liability shall lie between Thamesoptic and the Landlord. The Customer agrees that it will not bring any claims or other legal proceedings against Thamesoptic whether in contract, tort (including negligence and breach of statutory duty) or misrepresentation in connection with the foregoing (“Landlord Services Claims”), and the Customer hereby waives all and any such Claims and hereby indemnifies Thamesoptic and holds Thamesoptic harmless in respect of the same.
7.4. Thamesoptic may agree that the Customer can report faults with the Landlord Service to Thamesoptic directly. If Thamesoptic incurs additional costs in investigating and fixing faults or conducting works at the Customer’s direction and if so directed to the Landlord, Thamesoptic may invoice these amounts to the Customer directly. In such case, the Customer agrees to pay such amounts in accordance with these Terms. This Clause is without prejudice to the provisions of Clause 7.3.
7.5. The Customer understands that the Landlord Services may be suspended or terminated: (i) In accordance with the terms of Thamesoptic’s agreement with the Landlord including without limitation if the Landlord fails to pay amounts when due and/or (ii) if the Customer fails to comply with these Terms and the documents referenced above.
7.6. If the Customer places orders for services additional to the Landlord Services (“Ancillary Services”), these will be governed by a separate agreement between the Customer and Thamesoptic. The Customer acknowledges that Thamesoptic’s ability to provide Ancillary Services is reliant upon provision of the Landlord Services. In the event that the Landlord Services are suspended or terminated including without limitation if the Landlord fails to pay amounts owed to Thamesoptic, Thamesoptic shall have no liability for any failure of the Ancillary Services but whenever reasonably possible Thamesoptic will give the Customer an opportunity to order services equivalent to the Landlord Services from Thamesoptic directly, subject to the Customer paying the requisite fee for these.

8. PAYMENT TERMS AND CHARGES
8.1. The Customer shall pay the Charges and any VAT that may apply in relation to them in accordance with this Clause 8. The Charges are as agreed in the terms of the relevant Order or, if not so agreed, as stated on the Website or in the Guide to Charges and Fees for Business Customers, as amended or updated from time to time in accordance with Clause 20.
8.2. All recurring Charges are payable from the relevant Services Start Date and shall be collected (along with any applicable VAT) in advance. Call Charges will be collected (along with any applicable VAT) in arrears. If possible, Call Charges will appear on the immediately subsequent invoice, but they may instead be included on a later invoice. One-off charges (along with any applicable VAT) are payable as incurred.
8.3. Save in respect of the Installation-only Service, the Customer will receive two invoices during the first month of receiving the Services. The first invoice will be received on the day after the Services Start Date and will include a Rental Charge amount for the first month of Services, Call Charges incurred on the Services Start Date and any applicable Connection Charge and/or Installation Fee. The second invoice will be received approximately two weeks after the first invoice. It will include a Rental Charge amount for the second month of Services, plus any (unpaid) Call Charges incurred during the month prior to this invoice. Thereafter, the Customer will receive a monthly invoice, on around the same date in the month as its second invoice, for the next month’s Rental Charge and any Call Charges incurred during the month prior to that invoice. The amount set out in an invoice (which shall include any applicable VAT) will be debited from the Customer’s bank account (as agreed when the Order was placed), 10 Business Days after the invoice date.
8.4. All invoices will be issued via email 10 Business Days prior to the due payment date.
8.5. When the Customer places an Order, it must provide its bank account details and agree to pay invoices in respect of its Services by direct debit. The Customer shall pay all Charges by direct debit only save that the Customer may use a Thamesoptic-approved debit or credit card to pay for an Installation-only Service or (at Thamesoptic’s request) to make an interim payment relating to Call Charges incurred. The Customer shall notify Thamesoptic immediately of any change in the bank details it previously notified to Thamesoptic in connection with its Services. Thamesoptic may charge a £10 “Direct Debit Return Fee” by way of compensation for any direct debit payments which are not honoured for any reason.
8.6. The Customer shall pay all sums due in full on or prior to the due date, as provided in Clause 8.3. No deductions or withholdings are permitted except as required by law.
8.7. Thamesoptic may charge interest on overdue amounts from the due date until payment in full (whether before or after judgment) at the annual rate of 4% per annum above the base rate of Barclays Bank plc from time to time.
8.8. Thamesoptic may from time to time in its sole discretion restrict the Services on the basis of the Call Charges incurred by the Customer each month. Thamesoptic shall notify the Customer if it is likely to exceed any cap set by Thamesoptic in relation to Call Charges (and previously notified to the Customer by Thamesoptic) in any month and the Customer shall then have the option of paying a portion of the Call Charges incurred that month by credit card to avoid suspension of the Telephone Service.
8.9. Calls to Business Support will be charged at local call rates which will be free of charge at evenings and weekends using the Telephone Service and free always using the “free anytime” Additional Telephone Package. Charges from other networks may vary.
8.10. If the Customer disputes the amount of any invoice, it shall notify Thamesoptic forthwith and shall pay any amounts not disputed. Thamesoptic will not suspend or end the Services while it investigates any dispute notified to it as provided in this Clause 8.10.
8.11. All prices shown on the Order, on the Website at https://www.thamesoptic.com/business and in the Guide to Charges and Fees for Business Customers are exclusive of VAT, which may be charged as applicable and shall be payable as provided in this Clause 8.

9. SERVICE INTERRUPTIONS
9.1. Thamesoptic may from time to time (i) alter, interrupt, suspend or make changes to the Services for operational or technical reasons; (ii) make changes to area codes, phone or access numbers; and/or (iii) make changes to technical specifications, including limits for transferring information which are associated with the Services.
9.2. Thamesoptic shall take all reasonable steps to minimise the effect of any interruptions or disruptions and try to restore the Services as soon as reasonably possible but the Customer acknowledges and agrees that: (i) it is technically impossible for Thamesoptic to provide an uninterrupted or fault-free Service; (ii) no warranty or representation is made in respect of the same; and (iii) all implied terms and conditions to such effect are excluded. If Thamesoptic makes any of the changes mentioned in Clause 9.1 or will need to suspend its Services for any of the reasons mention in Clause 9.1, Thamesoptic will try to notify the Customer of this, where the Services will be significantly affected.
9.3. Thamesoptic commits to remedy all faults in relation to its Services (“Faults”) within 24 hours of the Customer reporting the same. The Customer shall report all Faults by telephoning or emailing Business Support, giving details of the Fault, with sufficient information for Thamesoptic to identify the Customer and Services affected. The remedy time is calculated from the time a Fault is reported in accordance with this Clause 9.3 and ends when Thamesoptic closes its maintenance log concerning such Fault.
9.4. Subject to Clauses 9.5 and 9.6, in the event that Thamesoptic fails to remedy any reported Fault within the period stated in Clause 9.3, it shall grant the Customer a single credit for that reported Fault of £25 for its 50Mb Service and £50 for its 150Mb, 500Mb and 1Gb Services (unless the parties agree otherwise in writing), such credit to be applied by Thamesoptic against the Rental Charges. The Customer agrees that such payment represents the Customer’s sole remedy and Thamesoptic’s sole liability in contract, tort (including negligence) or otherwise for any beach of Clause 9.3, for Faults and for any other failures in the Services.
9.5. The SLA set out in Clauses 9.3 and 9.4 shall not apply: (i) to a Fault caused by Force Majeure or by anyone other than Thamesoptic (including without limitation Faults caused by the action or inaction of the Customer or of a third party supplier) or to a failure within equipment provided by the Customer or otherwise outside the Network; (ii) if, following reporting of the Fault, Thamesoptic is unable to contact the Customer or the Customer does not provide access to the Premises when reasonably required or is unavailable to take delivery of a replacement router or fails to provide such other assistance as Thamesoptic may reasonably require; (iii) if Thamesoptic’s failure to remedy a Fault within the agreed remedy period is due to Force Majeure; or (iv) if Thamesoptic is unable to find a Fault or the Customer cancels the Fault report prior to the Fault being remedied.
9.6. To be eligible for a credit (as detailed in Clause 9.4), the Customer must notify Thamesoptic by telephoning or emailing Business Support, or by such other method as Thamesoptic may from time to time permit or require as stated on the Website within 30 days from the date the reported Fault is remedied, giving details of that Fault. The Customer may only claim 1 credit per reported Fault or series of connected reported Faults.

10. MOVING PREMISES
10.1. The Customer shall notify Business Support if it is planning to move to new premises. Thamesoptic can only provide its Services at such new premises if these are already set up to be connected to Thamesoptic’s Network at the time of the move. If Thamesoptic does provide its Services to the Customer at the new premises, Thamesoptic will be entitled to treat the Customer as a new Customer. This means that the Customer will have to go through the ordering process again and may be liable to pay a Connection Charge and Installation Fee in relation to Thamesoptic’s provision of Services at such new premises. The Customer may, however, be able to use the Equipment previously provided by Thamesoptic. The Customer should note that it may not be able to retain its existing telephone number at the new premises. Where the Customer requests (and Thamesoptic is able to provide) Services at the new premises, Thamesoptic will provide further information regarding the applicable Charges during the relevant ordering process.
10.2. If Thamesoptic cannot provide its Services at the new premises, the Customer may terminate the Agreement in accordance with Clause 11.4 below and the provisions of that Clause shall apply to such termination.

11. TERM OF AGREEMENT, SUSPENSION, RESTRICTION AND TERMINATION
11.1. As provided in Clause 2, the Customer offers to purchase Services on these Terms when it submits an Order and the Agreement between the parties starts on the date Thamesoptic accepts the Order.
11.2. The Services shall be provided with effect from the relevant Services Start Date. Thamesoptic may terminate the Agreement in relation to any Services without liability at any time prior to the Services Start Date: (i) if the Customer fails a credit check; (ii) if the bank, debit or credit card details provided are not valid or incorrect; (iii) if the Customer fails to pay any Charges when due; (iv) if the Customer has previously misused services provided by Thamesoptic; (v) if Thamesoptic is unable to provide the Services to the Premises for any reason; or (vi) for any other reason at its sole discretion. If Thamesoptic terminates the Agreement as provided in this Clause 11.2 other than as a result of the Customer’s act or omission including for the reasons set out in (i) to (iv) in the preceding sentence, any Charges paid by the Customer in respect of the relevant Services shall be refunded.
11.3. The Customer may cancel the Services at any time prior to the relevant Services Start Date, subject to payment of the Order Cancellation Fee.
11.4. The Customer may terminate the Agreement or any Service at any time on 30 days’ written (by email or letter) notice, such 30 day period to run from receipt by Thamesoptic of the same, provided that termination during the Minimum Period of any Service shall be subject to payment of the Service Termination Fee in respect of that Service as detailed in the Guide to Charges and Fees for Business Customers.
11.5. Cancellation of a Service which formed part of a bundled package offer and provided a reduced Charge for the total package of Services, may effect a change in the Rental Charge for the remaining Services. Termination or cancellation of the Agreement in respect of the Business Broadband Service shall automatically effect a cancellation or termination of the Telephone Service and any Additional Services provided in conjunction with that Business Broadband Service.
11.6. Thamesoptic may terminate the Agreement and any other agreement between the parties in respect of some or all Services or, at its option, restrict or suspend some or all of the Services immediately without notice if:
11.6.1. the Customer fails to pay, by the due date, any money owed (although Thamesoptic will provide notification to the Customer’s current registered email address prior to taking this action) or cancels the direct debit for the Services without agreeing another form of payment;
11.6.2. the Customer misuses any of the Services in contravention of the AUP;
11.6.3. in relation to the Telephone Service, the Customer exceeds any account cap (set by Thamesoptic and already notified to the Customer), in which case the Telephone Service may be suspended or restricted;
11.6.4. Thamesoptic has reason to believe that the Customer has provided false, inaccurate or misleading information in connection with the Agreement;
11.6.5. Thamesoptic has reason to believe that the Customer or any user of the Services has committed, or may be committing, a fraud by using the Services or the Equipment (or both);
11.6.6. a Customer representative acts towards Thamesoptic’s staff or agents in a manner that Thamesoptic considers inappropriate;
11.6.7. any permission or authorisation under which Thamesoptic is entitled to connect, maintain, modify or replace the Equipment or provide the Services is suspended or ends for any reason;
11.6.8. in Thamesoptic’s reasonable opinion, it is necessary to do so for Thamesoptic to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
11.6.9. in Thamesoptic’s reasonable opinion, it is necessary to do so for security, technical or operational reasons; or
11.6.10. on 30 days’ written notice, for any other reason without cause.
11.7. Thamesoptic may suspend the Services if there is an increase in the number of calls or Call Charges which is inconsistent with previous usage. Thamesoptic will endeavour to contact the Customer prior to suspending the Services but will not be liable in contract, tort (including negligence or breach of statutory duty) for any loss arising from such suspension. Thamesoptic will reinstate the Services once it is satisfied that the Customer is aware of and will pay the Charges for the increased usage. Thamesoptic may also: (i) require payment of a deposit as security for the Charges or (ii) prevent the Customer from making international calls and/or premium rated calls if in Thamesoptic’s reasonable opinion they form a significant proportion of the Charges.
11.8. Either party may terminate the Agreement on 30 days’ written notice to the other if:
11.8.1. there has been a material breach of the Agreement by the other party which is not remedied within 30 days of a written notice requiring such remedy;
11.8.2. an event, outside Thamesoptic’s reasonable control, prevents continued provision of the Services for a single period of more than 30 days; or
11.8.3. the other party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); becomes insolvent or bankrupt; is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); makes an application to a court of competent jurisdiction for protection from its creditors generally; has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; enters into or proposes any composition or arrangement with its creditors generally; or if any legal action is taken or threatened against the other’s property or either party is subject to any analogous event or proceeding in any applicable jurisdiction.
11.9. The restriction or suspension of Services under this Agreement shall not relieve the Customer of its obligation to pay the Charges. If Thamesoptic terminates the Agreement in accordance with this Clause 11 or otherwise in accordance with the Agreement (other than without cause) it may invoice the Customer for and the Customer shall pay either (i) the Service Termination Fee if the Customer is within the Minimum Period with respect to such Services or (ii) if the Customer is not within such Minimum Period, an amount equal to what the Customer would have to pay for those Services if it were still receiving them for a further 30 days after the date they were terminated.
11.10. Termination of the Agreement shall not affect: (i) any obligations or rights of the parties which arose or accrued prior to, or which expressly survive, termination of this Agreement or (ii) the continuation in force of Clauses 4.2, 4.3, 4.5, 5.2- 5.4, 7.3, 8, 9.2, this Clause 11.10, 12.3, 14, 16.4-16.7 and 19.
11.11. Unless Thamesoptic provides written consent to the contrary, the Customer acknowledges and agrees that: (i) the Service is provided for use at and within the Premises only; (ii) the Customer shall not resell the Service to other persons whether for profit or otherwise and shall not charge other persons for use of the Service; and (iii) the Customer shall not use the Service to operate as an Internet service provider or to operate any server services to other persons (this includes without limitation HTTP/web, SMTP/mail and FTP/file transfer services).

12. USE OF THE SERVICES
12.1. The Customer shall ensure that all use of the Services is at all times compliant with the AUP. The Customer hereby indemnifies Thamesoptic in respect of (i) all third party claims, actions or proceedings brought or threatened against Thamesoptic arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement (“Claims”) and (ii) all costs (including legal costs), losses and damages arising in connection with such Claims.
12.2. In relation to the Telephone Service the Customer agrees that: (i) it shall not advertise its phone number in or on a public phone box or use the Telephone Service to make nuisance or hoax calls; (ii) it does not own the phone number and that it will not transfer it to anyone else or try to do so; (iii) Thamesoptic may give the Customer’s contact details to the emergency services (and to any other relevant public authorities (as specified by Ofcom) in the event of disaster) and also (if the Customer requests Thamesoptic in writing to have its telephone number included in any phone books or available through directory enquiries) to other authorised public communications operators and regulated directory service providers. The Customer agrees that Thamesoptic cannot accept liability for any failure by authorised public communications operators and regulated directory service providers, to whom it provides information to comply with the Customer’s listing request.
12.3. The Customer shall keep all security information safe and promptly inform Thamesoptic of any improper disclosure of such security information or unauthorised use of the Services. Thamesoptic shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any costs, losses or damages caused by a third party gaining access to the Services, the Equipment or any equipment, software or data provided by the Customer.
12.4. The Customer shall ensure that any equipment and software used by it in connection with the Services and/or connected to the Network complies with all Applicable Laws and bears the European Consumer Equipment Standards ‘CE’ mark, is compatible with the Equipment and that the Customer has all necessary licenses required in connection with such use and connection.

13. SPECIAL PROVISIONS RELATING TO THE TELEPHONE SERVICE
13.1. In relation to the Telephone Service, the Customer understands and agrees that the Telephone Service is dependent on the Customer’s connection to the Network and on the provision of power to the Equipment. The Customer shall use all reasonable endeavours to maintain a mains (240 volt AC) power supply to the Equipment. If either the power supply fails or there is a failure of the Network, the Telephone Service will not function. Further details can be found on the Website at www.thamesoptic.com/faq/phone-service.
13.2. The Telephone Service allows calls to the emergency services numbers 999 and 112 but calls to these services will fail if there is a power cut or if the Business Broadband Service connection fails. The Customer understands and agrees to explain this to anyone who may use the Telephone Service. The Customer further understands and agrees that it will always have another way to call 999/112 emergency services from the Premises (whether by using the existing copper wire telephone line to the Premises or another suitable alternative method).
13.3. Thamesoptic will register the Customer’s location to allow the emergency services to locate the Customer on receiving a 999/112 call.
13.4. Thamesoptic shall take all reasonable steps to assist the Customer in porting its telephone number from another provider’s network to the Network (subject to the Customer notifying Thamesoptic of its request to port such number, during the Order process) or from the Network onto another provider’s network, in each case provided that no Charges are then outstanding. The Customer shall be liable for any third party charges incurred by Thamesoptic in connection with this transfer, which shall be notified to the Customer in advance. On occasion, porting of a telephone may not be possible and the Customer agrees that it understands this.
13.5. Once a Customer makes a number porting request, the new and old network providers work together to prepare the new network for the Customer’s number and will take the necessary steps (the “Activation Steps”) to achieve this. The date that the old and new network providers agree that the Activation Steps have been carried out, is the “Porting Date”. Where the Customer is moving its telephone number to the Network, Thamesoptic will notify this Porting Date to the Customer by email (at the address the Customer provides on its Order). Thamesoptic shall aim to port the Customer’s number and have it working within 1 Business Day of the Porting Date.
13.6. If the Customer wishes to use the Telephone Service before its telephone number has been ported to the Network, Thamesoptic may provide the Customer with a temporary telephone number. The Customer may use this temporary telephone number with the Telephone Service until the porting of the Customer’s old telephone number has occurred.
13.7. If, after notifying the Customer of the Porting Date, Thamesoptic finds out that the Activation Steps have not in fact been completed, Thamesoptic shall agree a new Porting Date with the Customer’s old network provider, which shall similarly be notified to the Customer by email and shall replace the previous Porting Date. Where the Porting Date is changed in this way, the Customer may not treat this as a delay or abuse of number porting and Thamesoptic shall not be required offer the Customer the compensation detailed in Clause 13.8, in respect of the Porting Date change.
13.8. In the event that Thamesoptic (i) delays the porting of a Customer’s telephone number for more than 1 Business Day after the Porting Date (which shall mean the last Porting Date emailed to the Customer, where the Customer’s telephone number is being ported to the Network) or (ii) otherwise commits an abuse of porting, upon receipt of a valid and genuine claim, Thamesoptic shall provide reasonable compensation in accordance with its “Number Porting Compensation Scheme” (details of which, along with how compensation may be claimed, are set out in the Complaints Code of Practice). Any compensation awarded pursuant to the Number Porting Compensation Scheme is in full and final settlement of any claim the Customer may have against Thamesoptic (now or in the future) in respect of the delay and/or abuse in porting.
13.9. All calls made using the Telephone Service are subject to the AUP. Thamesoptic reserves the right to impose limits on calls, apply additional charges or suspend or terminate access to the Services if it reasonably believes the Customer is in breach of the AUP. It may also record calls to ensure the Service is used in accordance with the AUP.

14. LIABILITY
14.1. Thamesoptic’s duty in performing its obligations hereunder is to exercise the reasonable care and skill of a competent service provider only. Thamesoptic gives no warranty that (i) the Services will be free of Faults or uninterrupted or (ii) the Equipment will never be faulty.
14.2. Subject to Clause 14.5, neither Thamesoptic nor any other company in Thamesoptic’s group (nor any person connected with Thamesoptic or such other company) shall be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with this Agreement for any indirect or consequential loss or damage or for any of the following whether direct or indirect and whether or not reasonably foreseeable: (i) loss of income or revenue; (ii) loss of business or opportunity; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss, corruption or the release of data (including personal data), information or software; (vi) loss of goodwill; (vii) the cost of procuring substitute goods or services; (viii) wasted management or office time; (ix) losses from the Customer breaching the Agreement or using the Services in a manner that breaches the Agreement; (x) loss or damage caused by malware or the unauthorised use of the Services on any of the Customer’s devices (or those of any other user of the Services); (xi) losses from the failure of safety, security or other alarm system due to their incompatibility with the Services or for any other reason for which Thamesoptic is not at fault; (xii) loss or damage from the Customer using any equipment not supplied by Thamesoptic; (xiii) claims against Thamesoptic arising from the breach of any implied term, condition or warranty, to the extent these can be excluded by law.
14.3. Subject to Clause 14.5, Thamesoptic shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any loss or damage incurred by the Customer or any user of the Services or the Website in connection with the use, inability to use, or results of the use of the Services, the Equipment or additional equipment or Website, any websites linked to it or accessed through the Network and any materials posted on the Website or any such other websites, including losses from delays or interruptions to the Services, irrespective of whether any such loss or damage was foreseeable save that this Clause 14.3 shall not preclude claims for loss of or damage to tangible property arising from Thamesoptic’s negligence.
14.4. Subject to Clause 14.5 and save as expressly set out in these Terms, Thamesoptic’s aggregate liability to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any claims arising in any calendar year shall not exceed 125% of the Charges due in that calendar year.
14.5. Nothing in the Agreement shall limit or exclude Thamesoptic’s liability for (i) death or personal injury arising from its (or its employees’, contractors’ or agents’) negligence; (ii) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (iii) any other liability which cannot be excluded or limited under Applicable Law.
14.6. Except as set out in Clauses 14.1 to 14.5, Thamesoptic accepts no liability for loss or damage caused by a person other than the Customer accessing the Customer’s connection to the Services, any computer or device of the Customer, the Equipment or any related equipment (including additional equipment) or accessing, destroying or distorting any data or information held by Thamesoptic.
14.7. Thamesoptic is not liable for goods or services supplied to the Customer (or to any other person using the Services) under a separate agreement with another supplier, even if they were acquired through the Network.
14.8. The Customer shall at all times be under a duty to mitigate any losses suffered by it.

15. FORCE MAJEURE
15.1. Thamesoptic shall not be liable for any delay in or failure to perform its obligations under the Agreement, which is attributable to Force Majeure.

16. OTHER GENERAL PROVISIONS
16.1. Failure by either party to exercise or enforce any right conferred by the Agreement or at law or in equity shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right or remedy on any later occasion. Except as expressly provided, remedies shall be deemed cumulative and not exclusive.
16.2. The Customer shall not assign or delegate all or any of its rights and obligations under the Agreement without Thamesoptic’s prior written consent.
16.3. The Customer acknowledges and agrees that Thamesoptic may make enquiries about the Customer for credit reference purposes, including searching records held by Experian, Equifax and/or any other credit reference agency or fraud protection scheme. Thamesoptic shall hold any data relating to the Customer it obtains from such enquiries in accordance with the Privacy Policy.
16.4. The Customer shall keep confidential all non-public information disclosed to it concerning Thamesoptic and its business. Thamesoptic shall use and retain information provided by the Customer in accordance with the Privacy Policy.
16.5. Each term of the Agreement shall be treated as a separate provision. If a court, arbitrator or any government agency stipulates that any part of the Agreement is unenforceable, unreasonable or invalid, the remaining provisions of the Agreement will still be valid and enforceable.
16.6. No third party is entitled to enforce any term under the Agreement under the Contracts (Rights of Third Parties) Act 1999.
16.7. The Agreement sets out the entire agreement between the parties relating to the provision of the Services and supersedes any and all previous agreements and understandings with respect to such provision. The Customer acknowledges that it does not enter into the Agreement in reliance on any representation not contained in this Agreement and in the event of actionable misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract. All conditions, warranties and other terms which might otherwise be implied by law or equity are hereby excluded.

17. NOTICES
17.1. The Customer may contact Thamesoptic in any of the following ways:
(i) by emailing Business Support at support@thamesoptic.com; or
(ii) by telephoning Business Support on 02081236644; but
(iii) where the Agreement specifies that the Customer should contact Thamesoptic by letter, the Customer should write to Thamesoptic at: “Thamesoptic Business Support, Unit 50 New Lydenburg Street, London SE7 8NE”.
17.2. The Customer shall post any notices or other communications required under the Agreement to Thamesoptic at the address in (iii) above, even where the Customer has notified Thamesoptic of the same, in another manner.
17.3. Thamesoptic may contact and serve notices on the Customer by email at the email address provided during the Order process, as updated from time to time through the “My Account” section of the Website. It may also use the Customer’s postal address, mobile or fixed phone number as it deems appropriate.

18. COMPLAINTS
18.1. Thamesoptic has a procedure for handling complaints relating to breaches of the Agreement. Complaints should be made by email to support@thamesoptic.com but can also be made by contacting Business Support on 02081236644. However, a Customer should note that where it has made a complaint by telephone, it must also confirm all relevant information in writing (by email or letter), in order for Thamesoptic to investigate the complaint properly.
18.2. Any Customer which is a “small business” (one with 10 or fewer employees), should note that Thamesoptic has a specific procedure for handling complaints from its individual and small business customers. Details of this are set out in the Complaints Code of Practice. If Thamesoptic is unable to resolve any complaint or dispute that such a small business Customer may have in relation to Thamesoptic and/or its Services, that Customer may refer the matter to Ombudsman Services, an independent dispute resolution service, which will be free for such Customer to use. Any such small business Customer should note that Ombudsman Services will only deal with their complaint or dispute after that Customer has already followed Thamesoptic’s internal complaints procedure in full. Further details relating to Ombudsman Services are set out in the Complaints Code of Practice.
18.3. To report any illegal or unacceptable use of the Services, the Customer should email support@thamesoptic.com, providing full contact details and as much evidence as possible to assist Thamesoptic in investigating the matter (such as a copy of the message and/or headers, the full URLs or log files showing any unauthorised account access).

19. 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 laws of England and Wales. Subject to Clause 18.2 above, the English courts shall have exclusive jurisdiction over any claim arising from, or related to, the Agreement although Thamesoptic may initiate proceedings for breach of the Agreement in any other relevant country.

20. CHANGES TO THE CHARGES, THESE TERMS AND/OR THE SERVICES
20.1. Thamesoptic may at any time and from time to time amend the Agreement (including without limitation varying the Charges and making changes to the Services) by publishing such changes on the Website. Subject to Clause 20.2, such changes shall become binding on both parties upon such publication.
20.2. Thamesoptic shall give the Customer not less than 30 days’ written notice via email of any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment (“Changes”). In such event, the Customer may terminate the Agreement in respect of the Service(s) affected, without incurring any Charges for so terminating, as long as such Customer gives Thamesoptic written notice (by email or letter) of its wish to terminate such Services, within 30 days of receiving Thamesoptic’s email notice relating to the relevant Change(s).
20.3. If Thamesoptic needs to amend the Charges or these Terms to reflect matters outside Thamesoptic’s control (for example, to meet legal, regulatory or financial requirements) Thamesoptic will give as much notice of such changes as reasonably possible and the Customer shall not be entitled to the additional right of termination set out in Clause 20.2.

21. DATE
These Terms are effective from 13/01/2020

_________________________________

Leased Line Customer Terms of Service

1. DEFINITIONS

1.1. In these Terms, the following words and expressions shall have the meanings given to them below:
“Additional Services” means any supplementary Services and features from time to time provided by Thamesoptic in connection with the Leased Line Service. “Agreement” means the Agreement described in Clause 2.
“Apparatus” means any apparatus which Thamesoptic installs, or arranges to be installed, at the Premises.
“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 from time to time applicable to the parties.
“AUP” means Thamesoptic’s Acceptable Usage Policy (viewable at https://www.thamesoptic.com/legal/post/acceptable-usage-policy/), as updated from time to time.
“Business Day” means any day other than a Saturday or a Sunday or a public holiday in England and Wales.
“Business Support” means Thamesoptic’s Business Support Team which can be contacted by emailing support@thamesoptic.com or on 02081236644 24 hours a day, 7 days a week.
“Changes” means any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment, as set out in Clause 17.
“Charges” means any or all charges payable to Thamesoptic in respect of the Services as set out in an Order Confirmation and as detailed in Appendix 2 to these Terms.
“Claims” means all third party claims, actions or proceedings brought or threatened against Thamesoptic arising in connection with the use or misuse of the Services or any breach by the Customer of the terms of this Agreement, as set out in Clause 10.1(i).
“Complaints Code of Practice” means Thamesoptic’s Complaints Code of Practice (viewable at https://www.thamesoptic.com/legal/post/code-of-practice/) which sets out how Thamesoptic’s domestic and small business (those with ten (10) or fewer employees) customers can make a complaint about Thamesoptic and/or its Services and how to take this further, if so required.
“Customer” means the business customer entering into the Agreement.
“Customer Owned Wiring” means the Customer’s cabling at the Premises that distributes the Leased Line Service from the Thamesoptic Distribution Point to the end users in the Premises and is the responsibility of the Customer.
”Direct Debit Return Fee” means the £10 Charge which Thamesoptic may charge a Customer each time any of that Customer’s direct debit payments to Thamesoptic under the Agreement is not honoured for any reason, as set out in Appendix 2 to these Terms.
“Excess Construction Charge” or “ECC” means any Charge relating to extra work identified as required to deliver an Order, during any part of the Survey. The extra work may include (but is not limited to) ductwork, civils and blown fibre installation. The Customer will be exempt from the first £2,800 of the cost of such work, the ECC being any amount in excess of this. The Customer will be notified of any ECC in accordance with Clause 6.2.
“Force Majeure” means any event beyond Thamesoptic’s reasonable control including without limitation, lightning, flood, severe weather, fire, explosion, terrorist activities, war, civil disorder, damage or vandalism to the Network, Apparatus, acts or omissions of local or national governments or other competent authorities, or industrial disputes.
“Thamesoptic” means Thame Network Ltd, registered in England and Wales with company number 08207668 and having its registered office at Unit 50 New Lydenburg Street, London, SE7 8NE
“Thamesoptic Distribution Point” means the termination point of Thamesoptic’s Network at the Premises and is also, to the extent there is any Customer-Owned Wiring at the Premises, the point of demarcation between Thamesoptic’s Network and such Customer Owned Wiring.
“Installation Fee” means the Charge payable by the Customer for Thamesoptic to install Apparatus at the Premises in order to provide the Leased Line Service, as set out in Appendix 2 to these Terms, which Charge also includes the cost of any relevant Survey.
“Installation Work” means any installation work necessary to carry out the Order.
“Leased Line Order Form” means the order form (either in paper, electronic or other online format) for a Leased Line Service or Additional Service which the Customer fills in and submits (as per Thamesoptic’s instructions) to order Services upon these Terms.
“Leased Line Package” means any of Thamesoptic’s packages for Leased Line Services (as set out in https://thamesoptic.com/business/).
“Leased Line Service” means the internet service provided by Thamesoptic comprising a dedicated connection between the Customer’s Premises and the local exchange, as requested in the Customer’s Order Form.
“Minimum Period” means, in relation to each Service, the minimum commitment period that the Customer has agreed to in relation to that Service (as stated in the applicable Order Form) starting from the applicable Services Start Date.
“My Account” means the ”My Account” section of the Website, through which the Customer (by entering its username or registered email address and password) can access and make certain changes to its account details and can view its latest invoices.
“Network” means the network utilised by Thamesoptic to provide the Services.
“Order” means a request for provision of the Services submitted in the form required by Thamesoptic or in such other form as acceptable to Thamesoptic.
“Order Cancellation Fee” means the one-off Charge, payable on demand, if the Customer cancels an Order prior to the Services Start Date, as detailed in Appendix 2 to these Terms. This Charge relates to the cost Thamesoptic has incurred in arranging and carrying out any works in relation to installing the Services, including any Survey. If cancellation is prior to the Installation Work being confirmed and/or scheduled, the Order Cancellation Fee will relate to the cost of the Survey only.
“Order Confirmation” means the email sent to the Customer by Thamesoptic confirming and accepting the Customer’s Order, as set out in Clause 2.4.
“Package Charge” means the Charge payable to Thamesoptic monthly advance, in relation to a Leased Line Package and as set out in the Customer’s Leased Line Order Form.
“Premises” means the address specified in the Order Form as the premises to at which the Services are to be supplied.
“Privacy Policy” means Thamesoptic’s Privacy and Cookie Policy (viewable at https://www.thamesoptic.com/legal/post/privacy-and-cookie-policy/), as amended from time to time.
“Qualifying Fault” has the meaning given to it in paragraph 4.2 of Appendix 1 to these Terms.
“Re-activation Fee” means the one-off Charge, payable on demand, for Thamesoptic to reactivate a Customer’s Services once they have been terminated or suspended, as set out in Appendix 2 to these Terms.
“registered email address” has the meaning given to it in Clause 2.8.
“Services” means the Leased Line Service and/or any Additional Services ordered from time to time ordered by the Customer, as set out in an Order and subject to an Order Confirmation under Clause 2.4.
“Service Credits” mean the deduction from a monthly invoice for any breach of the Service Level Agreement by Thamesoptic, as set out in the Service Level Agreement at Appendix 1.
“Service Level Agreement” or “SLA” means the performance targets and metrics that Thamesoptic agrees to achieve in the course of delivering the Services, as set out in Appendix 1.
“Services Start Date” means, in relation to the Leased Line Service, the date on which Thamesoptic completes delivery of such Service, assigns an IP address to the service and emails the Customer to notify it that the Service has been activated. In relation to any Additional Service, it means the date Thamesoptic starts providing such Service and notifies the Customer by email of the same.
“Service Termination Fee” means the one-off Charge payable by the Customer, at Thamesoptic’s demand, if the Customer terminates its Services at any time from the Services Start Date until the end of the Minimum Period for those Services. The amount of the Charge will be the aggregate of the monthly Package Charge payments remaining from the time of such cancellation until the end of the Customer’s Minimum Period, as set out in Appendix 2 to these Terms.
“Survey” means the survey carried out by or on behalf of Thamesoptic, once it has accepted an Order, in connection with ascertaining the scope of works necessary in carrying out the Installation Work for that Order.
“Term” means, in relation to each Service, the period from the relevant Services Start Date until termination of the Agreement in relation to such Services.
“Terms” means these Leased Line Customer Terms of Service.
“Website” means www.thamesoptic.com or any other website address notified by Thamesoptic to the Customer.

1.2. References herein to a “party” are to either Thamesoptic or the Customer and to “parties” are to both of them.

1.3. References herein to “Clauses” are to the clauses comprising these Terms. Headings used herein are for guidance only and shall not affect the interpretation of this Agreement.

2. ORDERS

2.1. The Customer shall contact Thamesoptic to enquire whether and how Thamesoptic can provide a Leased Line Service at the Premises and following initial discussions between Thamesoptic and the Customer, if the Customer wishes to proceed towards an Order, Thamesoptic will verify the Premises. If the Premises appear suitable for a Leased Line Service, the Customer will be sent a Leased Line Order Form, which will include the Installation Fee that Thamesoptic will charge the Customer for such Leased Line Service.

2.2. The Customer may request provision of the Services by filling in and submitting to Thamesoptic, in the manner instructed by Thamesoptic, the Leased Line Order Form. Submission of a Leased Line Order Form represents acceptance by the Customer of these Terms and, subject to Clause 2.5, shall create an Agreement between the parties incorporating the following documents:
(i) these Terms;
(ii) the relevant Leased Line Order Form;
(iii) the Privacy Policy (see https://www.thamesoptic.com/legal/post/privacy-and-cookie-policy/ ; and
(iv) the AUP (see https://www.thamesoptic.com/legal/post/acceptable-usage-policy/.

2.3. In the event of any conflict between the documents referenced in Clause 2.1, they shall be accorded priority in the order listed in that Clause save in the event of a conflict relating to pricing in which event the pricing in the relevant Leased Line Order Form shall take precedence.

2.4. After the Customer submits the Leased Line Order Form, it is checked by Thamesoptic’s business sales team to see whether it includes all requisite information or whether further detail and/or clarification is needed. Once Thamesoptic decides it has all the information it requires at this stage, if it decides to accept the Order (Thamesoptic may accept Orders in its sole discretion) it will send the Customer an Order Confirmation. This is the only way Thamesoptic will accept an Order. . Once the Order Confirmation is sent, the Order shall be binding on both parties.

2.5. Each binding Order for a Leased Line Service and/or Additional Service shall create a separate Agreement between the parties governing provision of that or those Services and any Order requesting the addition or removal of a Service to a previously accepted Order or requesting transfer to an alternative Leased Line Package (as provided in Clause 6.5) shall be deemed an amendment to the Agreement between the parties relating to the original Leased Line Package ordered by the Customer, reflecting the version of these Terms in force at the date of such amendment. Further, the Minimum Period in relation to such amended Services or such alternative Leased Line Package shall be subject to Clause 6.5.

2.6. If having accepted an Order, Thamesoptic is unable to deliver the Services as agreed Thamesoptic shall be entitled to cancel the Order and/or terminate the Agreement by notice to the Customer and shall repay to the Customer any amounts already paid by it in respect of that Service.

2.7. The Customer warrants that it contracts as a business customer and not as a consumer and that all information provided by it during the Order process and/or during the term of the Agreement is complete and accurate in all respects and is not misleading.

2.8. When ordering Services, the Customer shall provide Thamesoptic with a valid email address which Hyperopic will register, along with any other details relevant to the Customer’s account with Thamesoptic. Thamesoptic will usually use this “registered email address” to contact the Customer though may also contact the Customer in writing at the Customer’s billing address or by telephone on any mobile or fixed telephone number the Customer has provided to Thamesoptic. The Customer agrees to:
(i) keep such registered email address active and available;
(ii) regularly check emails sent to such registered email address; and
(iii) keep details in relation to its account with Thamesoptic up to date. Where it is no longer possible for the Customer to keep such registered email address active, it must register a new email address with Thamesoptic which will then become the customer’s new “registered email address”. The Customer can make any changes to its email information by accessing its account with Thamesoptic through the “My Account” section of the Website or by contacting Business Support by telephone or email. The Customer will be treated as having read any email which Thamesoptic may send to the Customer’s then current registered email address.

3. SERVICES

3.1. Thamesoptic shall provide each Service from the relevant Services Start Date for the Term on and subject to the terms of the Agreement.

4. APPARATUS

4.1. The Customer acknowledges and agrees that:
(i) the Apparatus remains the property of Thamesoptic or, if applicable, Thamesoptic’s contractors, may be used only to access the Services and must be retained at the Premises during the term of the Agreement and thereafter, unless Thamesoptic agrees otherwise in writing
(ii) the Charges have been calculated on this basis; and
(iii) if any Apparatus is damaged or removed, the Customer will liable to pay the then current cost of installation and/or replacement.

4.2. The Customer shall not:
(i) do anything or allow anything to be done at the Premises that may cause damage to or interfere with the Apparatus or prevent use or easy access to it; or
(ii) without prejudice to the generality of the foregoing, interfere or tamper with, sell, charge, mortgage or otherwise deal in or obstruct or remove or obscure notices attached to the Apparatus or allow any third party to do any of the foregoing.

5. ACCESS TO PREMISES AND PERMITS

5.1. The Customer warrants that it is the current occupier of the Premises and either the freeholder of the Premises or a tenant under a lease with permission to install the Apparatus at the Premises from the freeholder.

5.2. The Customer hereby:
(i) grants to Thamesoptic a licence to perform such works as may be required to install the Apparatus at the Premises, to retain and use such Apparatus so-installed and to connect to, maintain, alter, replace and/or remove the same; and
(ii) agrees to grant access to the Premises for Thamesoptic, its employees, agents and/or subcontractors to inspect the Apparatus and perform the tasks set out in (i).

5.3. Thamesoptic shall cause as little disturbance at the Premises as reasonably practicable and shall repair, to the Customer’s reasonable satisfaction, any damage occasioned by it.

5.4. The Customer shall follow any reasonable instructions given by Thamesoptic in relation to the Apparatus and shall ensure that a representative is present at the Premises whenever access is required.

5.5. The Customer shall obtain any consent or permission that might be required from a third party to cross their land or install Apparatus on their premises, including procuring signature of a wayleave agreement in such form as Thamesoptic may reasonably require. Thamesoptic is not obliged to install or provide the Services unless all consents and permissions have been obtained. If the Customer fails to procure any necessary consent or permission Thamesoptic may terminate the Agreement.

6. INSTALLATION AND CONNECTION

6.1. The Customer’s connection to the Leased Line Service shall be at and from the Thamesoptic Distribution Point.

6.2. Once the Survey has been carried out, Thamesoptic will notify the Customer in writing of any Excess Construction Charge (“ECC”) applicable to the Order. An ECC will apply if extra work is identified as required as a result of the Survey and the cost of such work is in excess of £2,800. The ECC will be the amount of such cost which exceeds £2,800. If the Customer is notified of any ECC in accordance with this Clause, it has up to fifteen (15) Business Days to review and accept the Charge or cancel the Order (no Installation Work will be scheduled for such a Customer unless and until that Customer accepts this Charge). If the Customer so cancels the Order, Thamesoptic may charge such Customer an Order Cancellation Fee, which shall cover the cost of the Survey. If and once the Customer accepts the ECC, or if the Survey shows that there will be no ECC, Thamesoptic will arrange for Installation Works to begin. If the Survey shows that the Order cannot be carried out Thamesoptic will notify the Customer of the same and Clause 2.6 will apply.

6.3. Following completion of the Installation Work, Thamesoptic shall assign to the Customer a single static IP address which is free of charge. The Customer may request further static IP addresses from Thamesoptic, which Thamesoptic may provide, if available, for a monthly Charge (the amount of which Thamesoptic shall advise the Customer on enquiry). Any static IP address provided by Thamesoptic under this Clause 6.2 remains the property of Thamesoptic and is for use solely in connection with the Leased Line Service. The Customer cannot sell it or agree to transfer it to anyone else and must not try to do so. It shall revert to and may be reassigned by Thamesoptic on disconnection or discontinuance of the Services or on termination of the Agreement.

6.4. The speed and performance of the Leased Line Service will depend on a number of factors some of which are outside Thamesoptic’s control. Thamesoptic does not warrant or represent that the Leased Line Service connection will reach any given speeds or that maximum transmission speeds can be obtained at any given time. Thamesoptic shall use its reasonable endeavours to deliver the Leased Line Service according to the Service Level Agreement and to inform the Customer of any issues affecting the Services as soon as reasonably practicable.

6.5. The Customer may transfer its chosen Leased Line Package to any other Leased Line Package then available at the Premises and may add or remove any Additional Service from the Services by making a request to this effect by email, telephone or letter) and then completing and returning (in the manner specified by Thamesoptic) any form that Thamesoptic then provides, in order to confirm the change(s). Any such transfer to another Leased Line Package during the Minimum Period shall restart the Minimum Period from the date the Customer starts receiving the amended Service under its new Leased Line Package. Where the Customer transfers to a different Leased Line Package, the restarted Minimum Period shall be whichever is longer – the remaining time of the Minimum Period of the original Leased Line Package or the full Minimum Period that applies to the new one.

6.6. The Customer agrees that any dates provided by Thamesoptic in relation to delivery of the Leased Line Service are estimates only. Other than as set out in Appendix 1, Thamesoptic shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any delay in installing or activating the Services or otherwise for any failure to achieve such dates.

6.7. Thamesoptic’s sole obligation hereunder is to make the Services available to the Customer. The Customer shall be responsible for ensuring it is able to access the Services including for ensuring that it uses a router or Ethernet cable capable of connecting to the Services. Thamesoptic shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise under or in connection with this Agreement for the Customer’s failure to access the Services.

6.8. If the Services are disconnected or suspended due to the Customer’s breach of these Terms or otherwise due to the Customer’s act or omission, the Customer shall be liable to pay a Re-activation Fee for reactivating its Services.

7. PAYMENT TERMS AND CHARGES

7.1. The Customer shall pay the Charges and any VAT that may apply in relation to them in accordance with this Clause 7. The Charges are as agreed in the terms of the relevant Order, or, if not so agreed, as stated in Appendix 2 to these Terms and as these amounts are updated from time to time in accordance with Clause 17.

7.2. All recurring Charges are payable from the relevant Services Start Date and shall be collected (along with any applicable VAT) via direct debit, in advance. One-off Charges (along with any applicable VAT) are payable as incurred.

7.3. The Customer will receive two (2) invoices during the first month of receiving the Services. The first invoice will be received on the day after the Services Start Date and will include a Package Charge amount for the first month of Services and any applicable Installation Fee. The second invoice will be received approximately two (2) weeks after the first invoice. It will include a Package Charge amount for the second month of Services. Thereafter, the Customer will receive a monthly invoice, on around the same date in the month as its second invoice, for the next month’s Package Charge. The amount set out in an invoice (which shall include any applicable VAT) will be debited from the Customer’s bank account (as agreed when the Order was placed), ten Business Days after the invoice date.

7.4. Each invoice will be issued and available for the Customer to access, via the “My Account” section of the Website and/or emailed to the Customer in PDF format, ten (10) Business Days prior to the date the payment is due. Thamesoptic will notify the Customer when a new invoice has been issued.

7.5. When the Customer places an Order, it must provide its bank account details and agree to pay invoices in respect of its Services by direct debit. The Customer shall pay all Charges by direct debit only save that the Customer may, if Thamesoptic agrees, use a Thamesoptic-approved debit or credit card to pay any Installation Fee or Order Cancellation Fee. The Customer shall notify Thamesoptic immediately of any change in its bank details it previously notified to Thamesoptic in connection with its Services. Thamesoptic may charge a £10 “Direct Debit Return Fee” by way of compensation for any direct debit payments which are not honoured for any reason.

7.6. The Customer shall pay all sums due in full on or prior to the due date, as provided in Clause 7.3. No deductions or withholdings are permitted except as required by law.

7.7. Thamesoptic may charge interest on overdue amounts from the due date until payment in full (whether before or after judgment) at the annual rate of four percent (4%) per annum above the base rate of Barclays Bank plc from time to time.

7.8. Calls to Business Support will be charged at standard local landline call rates and may therefore be included in any applicable call packages from your provider.

7.9. If the Customer disputes the amount of any invoice, it shall notify Thamesoptic forthwith and shall pay any amounts not disputed. Thamesoptic will not suspend or end the Services while it investigates any dispute notified to it as provided in this Clause 7.9.

7.10. All prices shown on an Order, on the Website at https://www.thamesoptic.com/business and in Appendix 2 to these Terms are exclusive of VAT, which may be charged as applicable and shall be payable as provided in this Clause 7.

8. SERVICE INTERRUPTIONS

8.1. Thamesoptic may from time to time:
(i) alter, interrupt, suspend or make changes to the Services for operational or technical reasons; and/or
(ii) make changes to technical specifications, including limits for transferring information which are associated with the Services. Where such action leads to a breach of the SLA, Thamesoptic will pay such Service Credits as are required under the SLA.

8.2. Thamesoptic shall take all reasonable steps to minimise the effect of any interruptions or disruptions and try to restore the Services as soon as reasonably possible but the Customer acknowledges and agrees that:
(i) it is technically impossible for Thamesoptic to provide an uninterrupted or fault-free Service;
(ii) no warranty or representation is made in respect of the same; and
(iii) all implied terms to such effect are excluded. Where such interruptions or disruptions lead to a breach of SLA, Thamesoptic shall pay such Service Credits to the Customer as are required under the SLA.

9. TERM OF AGREEMENT, SUSPENSION, RESTRICTION AND TERMINATION

9.1. As provided in Clause 2, the Customer offers to purchase Services on these Terms when it submits an Order and the Agreement between the parties starts on the date Thamesoptic accepts the Order.

9.2. The Services shall be provided with effect from the relevant Services Start Date. Thamesoptic may terminate the Agreement in relation to any Services without liability at any time prior to the Services Start Date:
(i) if the Customer fails a credit check;
(ii) if the bank, debit or credit card details provided to Thamesoptic are not valid or incorrect;
(iii) if the Customer fails to pay any Charges when due;
(iv) if the Customer has previously misused services provided by Thamesoptic;
(v) if Thamesoptic is unable to provide the Services to the Premises for any reason; or
(vi) for any other reason at its sole discretion.

If Thamesoptic terminates the Agreement as provided in this Clause 9.2 other than as a result of the Customer’s act or omission (which shall include the reasons set out in (i) to (iv) in the preceding sentence), any Charges paid by the Customer in respect of the relevant Services shall be refunded.

9.3. The Customer may cancel the Services at any time prior to the relevant Services Start Date, subject to payment of the Order Cancellation Fee.

9.4. The Customer may terminate the Agreement or any Service at any time on thirty (30) days’ written (by email or letter) notice, such thirty (30) day period to run from receipt by Thamesoptic of the same. Any such termination during the Minimum Period of any Service shall be subject to payment of the applicable Service Termination Fee, as detailed in Appendix 2 to this Agreement, which becomes immediately due upon such termination.

9.5. Thamesoptic may terminate the Agreement between the parties in respect of some or all Services or, at its option, restrict or suspend some or all of the Services immediately without notice if:
(i) The Customer fails to pay, by the due date, any money owed (although Thamesoptic will provide notification to the Customer’s current registered email address prior to taking this action) or cancels the direct debit for the Services without agreeing another form of payment;
(ii) the Customer misuses any of the Services in contravention of the AUP (viewable at https://www.thamesoptic.com/legal/post/acceptable-usage-policy/);
(iii) Thamesoptic reasonably believes that the Customer has provided false, inaccurate or misleading information in connection with the Agreement;
(iv) Thamesoptic reasonably believes that the Customer or any user of the Services has committed or is committing a fraud by using the Services or the Apparatus (or both);
(v) a Customer representative acts towards Thamesoptic’s staff or agents in a manner that Thamesoptic considers inappropriate;
(vi) any permission or authorisation under which Thamesoptic is entitled to connect, maintain, modify or replace the Apparatus or provide the Services is suspended or ends for any reason;
(vii) Thamesoptic is required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
(viii) in Thamesoptic’s reasonable opinion it is necessary to do so for security, technical or operational reasons; or
(ix) on thirty (30) days’ written notice, for any other reason or no reason.

9.6. Either party may terminate the Agreement on thirty (30) days’ written notice to the other if:
(i) there has been a material breach of the Agreement by the other party which is not remedied within thirty (30) days of a written notice requiring such remedy;
(ii) an event, outside Thamesoptic’s reasonable control, prevents continued provision of the Services for a single period of more than thirty (30) days; or
(iii) the other party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); becomes insolvent or bankrupt; is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); makes an application to a court of competent jurisdiction for protection from its creditors generally; has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; enters into or proposes any composition or arrangement with its creditors generally; or if any legal action is taken or threatened against the other’s property or either party is subject to any analogous event or proceeding in any applicable jurisdiction.

9.7. The restriction or suspension of Services under this Agreement shall not relieve the Customer of its obligation to pay the Charges and if Thamesoptic terminates the Agreement in accordance with this Clause 9 or otherwise in accordance with the Agreement (other than without cause) it may invoice the Customer for and the Customer shall pay either:
(i) the Service Termination Fee if the Customer is within the Minimum Period with respect to such Services; or
(ii) if the Customer is not within such Minimum Period, an amount equal to what the Customer would have to pay for those Services if it were still receiving them for a further thirty (30) days after the date they were terminated.

9.8. Termination of the Agreement shall not affect:
(i) any obligations or rights of the parties which arose or accrued prior to, or which expressly survive, termination of this Agreement; or
(ii) the continuation in force of Clauses 4.1, 4.2, 5.2- 5.4,7, 8.2, this Clause 9.8, 10.2, 11, 13.4-13.7 and 16.

9.9. Unless Thamesoptic provides written consent to the contrary, the Customer acknowledges and agrees that:
(i) any Service is provided for use at and within the Premises only;
(ii) the Customer shall not resell the Service to other persons whether for profit or otherwise and shall not charge other persons for use of the Service; and
(iii) the Customer shall not use the Service to operate as an internet service provider (“ISP”) or to operate any server services to other persons (this includes without limitation HTTP/web, SMTP/mail and FTP/file transfer services).

10. USE OF THE SERVICES

10.1. The Customer shall ensure that all use of the Services is at all times compliant with the AUP. The Customer hereby indemnifies Thamesoptic in respect of:
(i) all third party claims, actions or proceedings brought or threatened against Thamesoptic arising in connection with the use or misuse of the Services or any breach by the Customer of these Terms or the Agreement (“Claims”); and
(ii) all costs (including legal costs), losses and damages arising in connection with such Claims.

10.2. The Customer shall keep all security information safe and promptly inform Thamesoptic of any improper disclosure of such security information or unauthorised use of the Services. Thamesoptic shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any costs, losses or damages caused by a third party gaining access to the Services, the Apparatus or any equipment, software or data provided by the Customer.

10.3. The Customer shall ensure that any equipment and software used by it in connection with the Services and/or connected to the Network complies with all Applicable Laws and bears the European Consumer Equipment Standards ‘CE’ mark, is compatible with the Apparatus and that the Customer has all necessary licenses required in connection with such use and connection.

11. LIABILITY

11.1. Thamesoptic’s duty in performing its obligations hereunder is to exercise the reasonable care and skill of a competent service provider only. Thamesoptic gives no warranty that the Services will be free of Faults or uninterrupted or (ii) the Apparatus will never be faulty.

11.2. Subject to Clause 11.5, neither Thamesoptic nor any other company in Thamesoptic’s group (nor any person connected with Thamesoptic or such other company) shall be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any indirect or consequential loss or damage or for any of the following whether direct or indirect and whether or not reasonably foreseeable:
(i) loss of income or revenue;
(ii) loss of business or opportunity;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss, corruption or the release of data (including personal data), information or software;
(vi) loss of goodwill;
(vii) the cost of procuring substitute goods or services;
(viii) wasted management or office time;
(ix) losses from the Customer breaching the Agreement or using the Services in a manner that breaches the Agreement;
(x) loss or damage caused by malware or the unauthorised use of the Services on any of the Customer’s devices (or those of any other user of the Services);
(xi) losses from the failure of safety, security or other alarm system due to their incompatibility with the Services or for any other reason for which Thamesoptic is not at fault;
(xii) loss or damage from the Customer using any equipment not supplied by Thamesoptic; or
(xiii) claims against Thamesoptic arising from the breach of any implied term, condition or warranty, to the extent these can be excluded by law.

11.3. Subject to Clause 11.5, Thamesoptic shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any loss or damage incurred by the Customer or any user of the Services or the Website in connection with the use, inability to use, or results of the use of the Services, any equipment used in connection with the Services or the Website, any websites linked to it or accessed through the Network and any materials posted on the Website or on any such other websites, including losses from delays or interruptions to the Services, irrespective of whether such loss or damage was foreseeable save that this Clause 11.3 shall not preclude claims for:
(i) loss of or damage to tangible property arising from Thamesoptic’s negligence; or
(ii) any losses or damages arising out of Thamesoptic’s fraud.

11.4. Subject to Clause 11.5 and save as expressly set out in these Terms, Thamesoptic’s aggregate liability to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with this Agreement for any claims arising in any calendar year shall not exceed one hundred and twenty-five percent (125%) of the Charges due in that calendar year.

11.5. Nothing in the Agreement shall limit or exclude Thamesoptic’s liability for:
(i) death or personal injury arising from its (or its employees’, contractors’ or agents’) negligence;
(ii) fraud, fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
(iii) any other liability which cannot be excluded or limited under Applicable Law.

11.6. Except as set out in Clauses 11.1 to 11.5, Thamesoptic accepts no liability for loss or damage caused by a person other than the Customer (or its employees acting in the course of their employment) accessing the Customer’s connection to the Services, any computer or device of the Customer, the Apparatus, or any equipment used in connection with the Services or accessing, destroying or distorting any data or information held by Thamesoptic.

11.7. Thamesoptic is not liable for goods or services supplied to the Customer (or to any other person using the Services) under a separate agreement with another supplier, even if they were acquired through the Network.

11.8. The Customer shall at all times be under a duty to mitigate any losses suffered by it.

12. FORCE MAJEURE

Thamesoptic shall not be liable for any delay in or failure to perform its obligations under the Agreement which is attributable to Force Majeure.

13. OTHER GENERAL PROVISIONS

13.1. Failure by either party to exercise or enforce any right conferred by the Agreement or at law or in equity shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right or remedy on any later occasion. Except as expressly provided, remedies shall be deemed cumulative and not exclusive.

13.2. The Customer shall not assign or delegate all or any of its rights and obligations under the Agreement without Thamesoptic’s prior written consent.

13.3. The Customer acknowledges and agrees that Thamesoptic may make enquiries about the Customer for credit reference purposes, including searching records held by Experian, Equifax and/or any other credit reference agency or fraud protection scheme. Thamesoptic shall hold data relating to the Customer in accordance with the Privacy Policy (viewable at https://www.thamesoptic.com/legal/post/privacy-and-cookie-policy/.

13.4. The Customer shall keep confidential all non-public information disclosed to it concerning Thamesoptic and its business. Thamesoptic shall use and retain information provided by the Customer in accordance with the Privacy Policy. The Customer’s obligations under this Clause 13.4 shall last for a period of one year from the date of disclosure.

13.5. Each term of the Agreement shall be treated as a separate provision. If a court, arbitrator or any government agency stipulates that any part of the Agreement is unenforceable, the remaining provisions of the Agreement will still be valid and enforceable.

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

13.7. The Agreement sets out the entire agreement between the parties relating to the provision of the Services and supersedes any and all previous agreements and understandings with respect to such provision. The Customer acknowledges that it does not enter into this Agreement in reliance on any representation not contained in this Agreement and in the event of actionable misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract. All conditions, warranties and other terms which might otherwise be implied by law or equity are hereby excluded.

14. NOTICES

14.1. The Customer may contact Thamesoptic in any of the following ways: (i) by emailing Business Support at support@thamesoptic.com; by telephoning Business Support on 02081236644; (iii) via the Live chat function on the Website; or, (iv) where the Agreement specifies that the Customer should contact Thamesoptic by letter, by writing to Thamesoptic at “Thamesoptic Business Support, Unit 50 New Lydenburg Street, London, SE7 8NE”.

14.2. Thamesoptic may contact and serve notices on the Customer by email at the Customer’s then current registered email address. It may also use the Customer’s postal address, mobile or fixed phone number, as it deems appropriate.

15. COMPLAINTS

15.1. To report any illegal or unacceptable use of Thamesoptic’s services, the Customer should email support@thamesoptic.com, providing full contact details and as much evidence as possible to assist Thamesoptic in investigating the matter (such as a copy of the message and/or headers, the full URLs or log files showing any unauthorised account access). To report any illegal or unacceptable use of the Services, the Customer should email support@thamesoptic.com, providing full contact details and as much evidence as possible (such as a copy of the message and/or headers, the full URLs or log files showing any unauthorised account access).

15.2. Thamesoptic has a procedure for handling complaints regarding breaches of the Agreement. Complaints should be made by email to support@thamesoptic.com or by contacting Business Support on 02081236644. However, the Customer should note that where it has made a complaint by telephone, it must also confirm all relevant information in writing (by email or letter), in order for Thamesoptic to investigate the complaint properly.
15.3. Any Customer which is a “small business” (one with 10 or fewer employees), should note that Thamesoptic has a specific procedure for handling complaints from its individual and small business customers. Details of this are set out in the Complaints Code of Practice (viewable at https://www.thamesoptic.com/legal/post/code-of-practice/). If Thamesoptic is unable to resolve any complaint or dispute that such a small business Customer may have in relation to Thamesoptic and/or its Services, that Customer may refer the matter to Ombudsman Services, an independent dispute resolution service, which will be free for such Customer to use. Any such small business Customer should note that Ombudsman Services will only deal with their complaint or dispute after that Customer has already followed Thamesoptic’s internal complaints procedure in full. Further details relating to Ombudsman Services are set out in the Complaints Code of Practice (viewable at https://www.thamesoptic.com/legal/post/code-of-practice/).

16. JURISDICTION AND APPLICABLE LAW

16.1. 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 laws of England and Wales. Subject to Clause 15.3 above, the English courts shall have exclusive jurisdiction over any claim arising from, or related to, the Agreement, although Thamesoptic may initiate proceedings for breach of the Agreement in any other relevant country.

17. CHANGES TO THE CHARGES, THESE TERMS AND/OR THE SERVICES

17.1. Thamesoptic may at any time and from time to time amend the Agreement (including without limitation varying the Charges and making changes to the Services) by publishing such changes on the Website and/or by sending the Customer written notice of any such change to the Customer’s registered email address. Subject to Clause 17.2, such changes shall become binding on both parties upon such publication or other written notice.

17.2. Thamesoptic shall give not less than thirty days’ written notice via email of any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment (“Changes”). In such event, the Customer may terminate the Agreement in respect of the Service(s) affected without incurring any Charges for so terminating, as long as such Customer gives Thamesoptic written notice (by email or letter) of its wish to terminate such Services, within thirty days of receiving Thamesoptic’s email notice relating to the relevant Change(s).

17.3. If Thamesoptic needs to amend the Charges or these Terms to reflect matters outside Thamesoptic’s control (for example, to meet legal, regulatory or financial requirements) Thamesoptic will give as much notice of such changes as reasonably possible and the Customer shall not be entitled to the additional right of termination set out in Clause 17.2.

18. DATE

18.1. These Terms are effective from 13/01/2020

APPENDIX 1: SERVICE LEVEL AGREEMENT

1. REPAIR

1.1. Thamesoptic commits to remedy all faults in relation to its Services (“Faults”) within six (6) hours of the Customer reporting the same. The Customer shall report all Faults by telephoning or emailing Business Support, giving details of the Fault, with sufficient information for Thamesoptic to identify the Customer and Services affected. The remedy time is calculated from the time a Fault is reported in accordance with this paragraph 1.1 and ends when Thamesoptic closes its maintenance log concerning such Fault.

1.2. Subject to paragraphs 1.3, 1.4 and 3 below, in the event that Thamesoptic fails to remedy any reported Fault within the period stated in paragraph 1.1, the Customer shall be entitled to the compensation set out in (and subject to the provisions of) paragraph 2. The Customer agrees that such payment represents the Customer’s sole remedy and Thamesoptic’s sole liability in contract, tort (including negligence) or otherwise for any breach of this paragraph 1.1, for Faults and for any other failures in the Services.

1.3. The SLA set out in paragraphs 1.1 and 1.2 shall not apply to any Fault falling within paragraph 4.1 of this Appendix 1.

1.4. To be eligible for Compensation Credits as detailed in paragraph 2, the Customer must notify Thamesoptic by telephoning or emailing Business Support, or by such other method as Thamesoptic may from time to time permit or require (as notified to the Customer) no later than twenty (20) Business Days from the date the reported Fault is remedied, giving details of that Fault. (For the avoidance of doubt, any such notification received from the Customer after this period shall not be eligible for any Compensation Credit.) Thamesoptic shall respond to the Customer’s claim within ten (10) Business Days of the Customer’s notification, with a statement clearly showing the Compensation Credit amount due, if any. The amount of Compensation Credit payable shall be decided in accordance with the terms of this Appendix 1.

2. COMPENSATION

2.1. Subject to paragraph 4 and any limitations in this and any other paragraph of this Appendix 1, a delayed repair will become eligible for a Compensation Credit if the reported Fault causes total loss of service (i.e. no transmission of signals in one or both directions between the Thamesoptic Distribution Point and the limits of Thamesoptic’s Network for more than six (6) hours after it has been reported to Thamesoptic.

2.2. Each reported Fault or series of connected reported Faults which falls within paragraph 2.1 shall count as one “Qualifying Fault” and the Customer shall be entitled to a Compensation Credit for each Qualifying Fault in accordance with the table below. The maximum Compensation Credit amount that the Customer can receive for Qualifying Faults in each 12 month period (beginning on the applicable Services Start Date) during the term of the Agreement in relation to the relevant affected Service is equal to 35% of the Customer’s annual aggregate Package Charge amount for that Service.

Number of Qualifying Faults in each 12 month period during the term of the Agreement for the relevant Service.
Amount (percentage of the Customer’s annual aggregate Package Charge amount for the relevant Service) to be credited to the Customer)

1
5%

2-3
10%

4
25%

5 or more
35%

3. HOW THAMESOPTIC WILL PAY COMPENSATION

3.1. Any compensation that becomes due will normally be made by deduction from the Customer’s next invoice unless not practicable, in which case it will be made by deduction to a later invoice, or, if the Customer will be receiving no further invoices from Thamesoptic, by crediting the amount to the Customer’s bank account for which details were provided to Thamesoptic when the Customer submitted its Order.

3.2. In order to be eligible for any Compensation Credit, the Customer must make a claim for it in accordance with paragraph 1.4 of this Appendix 1.

4. WHAT IS NOT COVERED

4.1. The SLA and Compensation Credits set out in this Appendix 1 will not apply if and to the extent that:
(i) the relevant failure or Fault is due to a delay or default (which includes any action or inaction) attributable to the Customer, any equipment provided by the Customer, any device belonging to or being used by the Customer or other user of the Services, the Customer Owned Wiring, any network or equipment outside the Network, or the Premises;
(ii) the relevant failure or Fault (a) results in Thamesoptic being unable to contact the Customer or carry out any necessary work at or gain access to the Premises when reasonably required, through no fault of Thamesoptic or due to circumstances beyond Thamesoptic’s reasonable control or (b) is due to the Customer failing to agree an appointment date with Thamesoptic or aborting necessary work in connection with the Services;
(iii) the relevant failure or Fault is due to (a) an inaccurate Leased Line Order Form being submitted (or other Order-related information being given) by the Customer, (b) the Customer otherwise being in breach of this Agreement, or (c) or Thamesoptic suspending or terminating the Services or any part of them in accordance with this Agreement;
(iv) through no fault of its (or their) own, Thamesoptic or its agents or contractors are either unable to obtain or there are delays in obtaining any necessary permissions or consents required in connection with repairing the relevant failure or Fault;
(v) the relevant Fault or failure is due to a failure in the public internet;
(vi) the relevant failure or Fault is (i) due to a Force Majeure event or (ii) caused by anyone other than Thamesoptic or Thamesoptic’s agents or contractors (including without limitation Faults caused by the action or inaction of the Customer or of a third party supplier to the Customer) or a failure within equipment provided by the Customer or suppliers to the Customer or otherwise outside the Network;
(vii) the Customer and Thamesoptic agree a different timescale in writing (which shall include email) for performance in relation to any Installation Work (which includes the processing of Orders and the notification of ECCs) and/or repairing failures or Faults;
(viii) reasonable assistance (including the provision of access) is required or information is reasonably requested by Thamesoptic within a reasonable timescale from the Customer or any end user of the Services or a third party and such assistance or information is not provided;
(ix) the relevant Fault or failure is due to a planned or scheduled outage in relation to the Network or an interruption by any emergency service;
(x) the relevant Fault or failure, where it relates to a required repair, is not reported in accordance with the provisions of paragraph 1.4; or
(xi) Thamesoptic is unable to find a Fault or the Customer cancels the Fault report prior to the Fault being remedied.

APPENDIX 2: SCHEDULE OF CHARGES

Charge
Description
Amount
Direct Debit Return Fee The amount which Thamesoptic may charge a Customer each time any of that Customer’s direct debit payments to Thamesoptic under the Agreement is not honoured for any reason. £10
Excess Construction Charge (“ECC”) A Charge payable by the Customer for any extra work identified as required to deliver an Order during any Survey. The extra work may include (but is not limited to) ductwork, civils and blown fibre installation – the Customer will be exempt from the £2,800 of the cost of such work, the ECC being any amount in excess of this. The Customer will be notified of any ECC in relation to their Order, in accordance with Clause 6.2.
Installation Fee A Charge payable by the Customer for Thamesoptic to install Apparatus at the Premises in order to provide the Leased Line Service (which may include an amount in respect of any relevant surveys carried out). As discussed between the parties prior to the Customer submitting its Order and as set out in the relevant Order Confirmation.
Order Cancellation Fee

A one-off Charge, payable on demand, if the Customer cancels an Order prior to the Services Start Date. The Charge relates to the cost Thamesoptic has incurred in arranging and carrying out any works in relation to installing the Services.
The amount may vary and will be advised to the Customer when it cancels.
Package Charge The Charge payable by the Customer to Thamesoptic monthly advance, in relation to a Leased Line Package and as set out in the Customer’s Leased Line Order Form (or as amended under Clause 6.5 of these Terms). As set out in the [Customer’s Leased Line Order Form and] Order Confirmation
Re-activation Fee The one-off Charge, payable by the Customer on demand, for Thamesoptic to reactivate that Customer’s Services after they have been terminated or suspended. £20

Service Termination Fee The one-off Charge payable by the Customer, on demand, if the Customer terminates its Services at any time from the Services Start Date for those Services until the end of the Minimum Period in relation them
The amount of the Charge will be the aggregate of the Customer’s monthly Package Charge payments remaining, from the time of such cancellation until the end of the Customer’s Minimum Period in relation to the relevant Services

Registered in England & Wales at Thames Network Ltd, Unit 50 New Lydenburg Street, London, SE7 8NE
Telephone: 02081236644 www.thamesoptic.com
Registered number08207668  VAT registered number162960889

Business SLA: SME

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

Service Level Agreement for our Small and Medium Sized Business Customers

All Thamesoptic Business Customers who have under 250 employees are entitled to our Service Level Agreement (“SLA”). Under the SLA, where we don’t fix a fault in our services within 24 hours of you reporting it to Business Support (as 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. If we do offer you anything it would be completely at our choice.

The table gives a summary of any guarantees we offer in relation to our services and of any compensation we may give you when we don’t meet those guarantees. It also sets out certain situations when guarantees and/or compensation won’t be available. It is subject to the terms of our Business Customer Terms of Service.

 

Service/faultSLA compensationService guarantee
Installation/other works involving a Thamesoptic engineer visitNoneNone – although we’ll try our best to keep to any agreed installation date or any other date we’ve agreed for an engineer to carry out other works at your premises, we can’t guarantee it.
ActivationNoneNone – your services should be active as soon as you connect your Hyperhub router to the Thamesoptic socket at your premises.
Loss of service (planned)NoneNone – we’ll try to notify you before any planned interruptions/suspensions to your services. We’ll take all reasonable steps to reduce their effect and restore your services as soon as possible.
Loss of service (unplanned) and other faults in our service caused by usIf we don’t fix a fault in our services, that we have caused or are solely responsible for, within 24 hours of you reporting it (and giving us enough information for us to look into it properly), you’ll be entitled to a (single) credit in relation to that fault of £25 (if you have our 30Mb service) or £50 (if you have our 150Mb or 1Gb service).

However, you won’t be entitled to such a credit (a) for any fault not caused by us, (b) for any fault caused by events beyond our reasonable control, (c) if we can’t find a fault, (d) if you cancel the fault report, (e) if, after you report the fault, we’re not able to contact you or you don’t give us access to the premises where our services are being supplied when we reasonably need this, (f) if you’re not able to take delivery of any replacement router we may send you or (g) if you don’t help us in any other way we might reasonably need to resolve the matter speedily.

We’ll try to fix any fault in our services within 24 hours of you reporting it to Business Support (by telephone on 02081236644 or by email at support@thamesoptic.com) and providing them with details of the fault and enough information to identify both you and the affected service(s).

 

If you’re entitled to a credit (SLA compensation) for a fault in our services, you’ll need to claim it by letting us know within 30 days from the date the reported fault is fixed. You must do this by telephoning Business Support on 02081236644, emailing them at support@thamesoptic.com or contacting us in any other way we’ve told you about in relation to claiming such a credit, giving us sufficient detail about that fault. You can only claim one credit for each reported fault (or for each series of connected reported faults).

Leased Line SLA: SME

Website Terms and ConditionsPrivacy and Cookie PolicyResidential Customer Terms of ServiceAcceptable Usage PolicyComplaints Code of PracticeRefer a Friend Terms and ConditionsAutomatic Compensation PolicyBusiness and Leased Line Customer Terms of ServiceBusiness SLA: SMELeased Line SLA: SME

Service Level Agreement for our Small and Medium Sized Leased Line Business Customers

All Thamesoptic Leased Line Business Customers which have under 250 employees (“SME Customers”) are entitled to our standard Service Level Agreement (“SLA”), unless they have agreed other arrangements with us separately.

Under the SLA, where we don’t fix a fault in our services within 6 hours of you (our SME Customer) reporting it to Business Support (as 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. If we do offer you anything it would be completely at our choice.

The table gives a summary of any SLA guarantees we offer in relation to our services and of any compensation we may give you when we don’t meet those guarantees. It also sets out certain situations when guarantees and/or compensation won’t be available under our SLA. It is subject to the terms of our Business Customer Terms of Service.

 

Service/faultSLA compensationService guarantee
Installation/other works involving a Thamesoptic engineer visitWe will compensate you if your installation is not carried out by the agreed installation date. The compensation will be paid as a single credit to your account and will be equivalent to 50% of your services’ connection fee.We will try our best to keep to your agreed installation date.
ActivationNoneNone – we’ll try to notify you before any planned interruptions/suspensions to your services. We’ll take all reasonable steps to reduce their effect and restore your services as soon as possible.
Loss of service (planned)NoneNone – we’ll try to notify you before any planned interruptions/suspensions to your services. We’ll take all reasonable steps to reduce their effect and restore your services as soon as possible.
Loss of service (unplanned) and other faults in our service caused by usIf we don’t fix a fault in our services, that we have caused or are solely responsible for, within 6 hours of you reporting it (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 equivalent to the value of the following percentage of your annual aggregate service 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 annual service charge.However, you won’t be entitled to such a credit (a) for any fault not caused by us, (b) for any fault caused by events beyond our reasonable control, (c) if we can’t find a fault, (d) if you cancel the fault report, (e) if, after you report the fault, we’re not able to contact you or you don’t give us access to the premises where our services are being supplied when we reasonably need this, (f) if you’re not able to take delivery of any replacement router we may send you or (g) if you don’t help us in any other way we might reasonably need to resolve the matter speedily.
We’ll try to fix any fault in our services within 24 hours of you reporting it to Business Support (by telephone on 02081236644 or by email at support@thamesoptic.com) and providing them with details of the fault and enough information to identify both you and the affected service(s).

 

If you’re entitled, under our SLA, to a credit (SLA compensation) for a fault in our services, you’ll need to claim it by letting us know within 30 days from the date the reported fault is fixed. You must do this by telephoning Business Support on 02081236644, emailing them at support@thamesoptic.com or contacting us in any other way we’ve told you about in relation to claiming such a credit, giving us sufficient detail about that fault. You can only claim one credit for each reported fault (or for each series of connected reported faults).