Please take some time to read these terms and conditions. They provide important information about the services Optua provides you with. This includes information on how to change a service, the agreement, and the charges.
These Broadband Terms apply to business customers only and are not intended for consumers.
If you require an accessible version, for example by PDF or by post, please contact us at contactus@optua.co.uk.
1. Introduction
1.1 Service Schedule
This Service Schedule (the "Broadband Terms") sets out the specific terms and conditions applicable to the provision of broadband services by Optua Telecommunications Limited ("Optua").
1.2 Relationship with General Terms
This Service Schedule forms part of and is subject to Optua's General Terms and Conditions (the "General Terms"). In the event of any conflict between these Broadband Terms and the General Terms, the General Terms shall prevail unless expressly stated otherwise. The governing law and jurisdiction applicable to these Broadband Terms are as set out in the General Terms (Scots law and the courts of Scotland).
1.3 Defined Terms
Capitalised terms not defined in this Service Schedule have the meanings given in the General Terms and Conditions.
2. Service Description
2.1 Broadband Technologies
Optua provides business broadband connectivity services over various access technologies, including (where available):
- FTTC (Fibre to the Cabinet)
- FTTP (Fibre to the Premises / Full Fibre)
- SOGEA (Single Order Generic Ethernet Access)
- ADSL/ADSL2+
2.2 Service Availability
The specific service available to the Customer depends on the infrastructure at the Customer's premises and the package selected.
2.3 Technology Information
Optua will provide the Customer with information about the underlying technology (for example, full-fibre, part-fibre, copper) used to deliver the service in accordance with Ofcom requirements and consumer information rules.
3. Eligibility and Service Area
3.1 Geographic Service Area
Broadband services are available only to business customers with premises located within the United Kingdom.
For the purposes of these Broadband Terms, the United Kingdom includes:
- England
- Scotland
- Wales
- Northern Ireland
Broadband services are not available to customers outside the United Kingdom.
3.2 UK Premises Requirement
To be eligible for broadband services, the Customer must:
- (a) Have a physical premises address located within the United Kingdom where the broadband service will be installed and delivered;
- (b) Provide a valid UK postcode and full physical UK address (including building name or number, street, town or city, and postcode);
- (c) Have premises located in an area where broadband infrastructure is available from third-party network providers (such as Openreach, CityFibre, Virgin Media, or other UK network operators);
- (d) Not provide a P.O. Box or virtual office address as the service delivery address (the service delivery address must be a physical location capable of receiving fixed-line broadband installation).
3.3 Address Verification
Optua reserves the right to verify the Customer's premises address and to refuse service if:
- (a) The address provided is not a valid UK physical address;
- (b) The address is outside the United Kingdom;
- (c) The address cannot be verified against UK address databases or network provider systems;
- (d) Broadband infrastructure is not available at the address from any third-party network provider;
- (e) The address is a temporary, virtual, or non-physical location not capable of receiving fixed-line broadband services.
3.4 Availability Check
Before placing an order, Customers should use Optua's availability checker (where provided) or contact Optua to confirm that broadband services are available at the Customer's UK premises address. Availability is subject to confirmation by the relevant third-party network provider.
3.5 No Service Outside the UK
Optua does not provide, and is not obliged to provide, broadband services to premises located outside the United Kingdom. If the Customer relocates to a premises outside the UK during the Minimum Term, the Customer may terminate the broadband service by providing written notice to Optua, but Early Termination Charges may apply in accordance with clause 6 of these Broadband Terms and the General Terms.
3.6 International Customers with UK Premises
Notwithstanding the eligibility requirements set out in the General Terms (which permit customers registered or operating in the United Kingdom, the United States, or Canada), broadband services are only available to premises located within the United Kingdom, regardless of where the Customer's business is registered or operates.
For clarity:
- A business registered in the United States or Canada may order broadband services from Optua, provided the service is delivered to a physical premises located within the United Kingdom;
- A business registered in the United Kingdom but operating premises outside the UK is not eligible for broadband services at those non-UK premises.
4. Speed and Performance
4.1 Speed Estimates
Broadband speeds are estimates and are not guaranteed. Actual speeds depend on factors including line quality, distance from the exchange or cabinet, network congestion, equipment configuration, and the Customer's equipment and internal wiring.
4.2 Pre-Contract Information
Prior to entering the contract, Optua will provide the Customer with:
- An estimate of the maximum speed available at the Customer's premises
- The minimum guaranteed speed (where applicable)
- The normally available speed during peak times
4.3 Remedies for Underperformance
If the Service consistently underperforms compared to the speeds provided at the point of sale, the Customer may have remedies available in accordance with clause 9 of these Broadband Terms.
4.4 Traffic Management
Optua may apply traffic management policies to ensure fair use and maintain service quality for all customers. Details of any traffic management policies are available on request.
5. Installation and Activation
5.1 Installation Date
Optua shall install the Equipment at the Customer's premises on the Installation Dates as specified in the Order Form or as otherwise arranged with the Customer.
5.2 Provisioning and Testing
Once Optua has carried out the installation, Optua shall carry out provisioning of the Services and shall conduct testing to satisfy itself that the Equipment at the premises is able to connect to the Network and the Customer is able to receive the Services.
5.3 Service Start Date
Upon Optua confirming to the Customer by telephone and/or email that the provisioning has been completed to Optua's satisfaction, installation shall be complete. This will be considered the Service Start Date.
5.4 Installation Timescales
Optua will arrange for the installation and activation of the broadband service. Installation timescales are estimates only and may vary depending on the complexity of the installation and third-party network provider availability. Time is not of the essence in relation to installation dates.
5.5 Access to Premises
The Customer shall provide safe and reasonable access to the premises for engineers as required for installation and maintenance.
5.6 Customer Presence Required
The Customer is required to be present throughout the appointment. If another person has been asked to supervise the engineer on behalf of the Customer, that person must be over the age of 18 and able to answer any questions or make decisions about the installation and line location. Engineers can arrive at any time within the appointment slot and may work beyond the appointed time to deliver the service.
5.7 Missed Appointments and Aborted Visits
If the appointment is not suitable, the Customer must contact Optua to change the appointment no later than 2 working days before the booked appointment. If the engineer is unable to gain access to the premises to complete the installation, a new appointment will be required. This will delay the order, and if Optua is charged for the aborted visit by the underlying network provider, that charge will be passed on to the Customer (to no commercial gain to Optua).
6. Contract Term and Renewal
6.1 Minimum Term
The Minimum Term for broadband services is as specified in the Order Form.
6.2 Available Contract Terms
Available contract terms are (subject to third-party network provider availability):
- 1 month (rolling): no minimum commitment; terminable with 30 days' notice
- 12 months: minimum commitment of 12 months from the Service Start Date
- 24 months: minimum commitment of 24 months from the Service Start Date
- 36 months: minimum commitment of 36 months from the Service Start Date
6.3 Contract Expiry and Renewal
Following expiry of the Minimum Term, the contract will expire unless the Customer renews their contract with Optua. Upon expiry, the contract may be terminated by either party giving 30 days' written notice.
6.4 Renewal Notification
Optua will notify the Customer before the end of the Minimum Term to advise on options for renewal.
7. Early Termination Charges
7.1 Early Termination by Customer
If the Customer terminates the contract during the Minimum Term (other than due to Optua's material breach or as otherwise permitted under the General Terms), the Customer shall pay Early Termination Charges.
7.2 Calculation of Early Termination Charges
Early Termination Charges are calculated as 100% of the remaining monthly charges that would have been payable for the remainder of the Minimum Term, less any costs that Optua reasonably expects to save as a result of the early termination. Optua will exercise reasonable discretion in calculating and waiving or reducing Early Termination Charges where appropriate.
7.3 Rolling Contracts
No Early Termination Charges apply to 1 month (rolling) contracts, provided the Customer gives the required 30 days' notice.
7.4 Termination Due to Speed Underperformance
Where the Customer terminates due to a speed underperformance issue that cannot be resolved by Optua in accordance with clause 9, Early Termination Charges shall not apply.
8. Charges and Payment
8.1 Monthly Charges
The monthly charges for broadband services are as set out in the Order Form or as otherwise agreed in writing.
8.2 Additional Charges
Additional charges may apply for:
- Installation or activation (where applicable)
- Router or equipment purchase or rental
- Static IP addresses
- Additional services or features
- Engineer visits (where chargeable, such as for faults caused by the Customer's equipment or premises)
8.3 VAT
All charges are exclusive of VAT, which will be added at the prevailing rate.
8.4 Payment Method
Payment shall be by Direct Debit or BACS only, as set out in the General Terms and Conditions. All payment terms and conditions, including failure to pay, interest and debt recovery, are as set out in the General Terms.
9. Service Levels and Support
9.1 Technical Support
Optua provides technical support for broadband services during normal business hours (Monday to Friday 9am to 5pm UK time, excluding public holidays). Extended or out-of-hours support may be available for an additional charge where offered.
9.2 Fault Resolution
Optua will use reasonable endeavours to restore service following any fault. Target response and resolution times depend on the nature of the fault and the care level associated with the Customer's package. Details will be provided in the relevant service documentation or Order Form.
9.3 Customer Responsibility
Optua is not responsible for faults caused by the Customer's equipment, internal wiring, premises cabling, or factors outside Optua's reasonable control (including faults or delays caused by third-party network providers).
9.4 Automatic Compensation
Where Optua participates in a voluntary automatic compensation scheme (such as Ofcom-recognised schemes for certain service failures), eligible customers may receive compensation as published on Optua's website and notified in the relevant service documentation.
10. Remedies for Speed Underperformance
10.1 Reporting and Investigation
If the broadband service consistently fails to meet the minimum guaranteed speed (where a minimum speed has been specified and guaranteed in the Order Form or service documentation), the Customer may:
- Report the issue to Optua for investigation
- Request remedial action to improve performance
- If the issue cannot be resolved within a reasonable period (normally up to 30 days from first report), terminate the contract early without Early Termination Charges being payable by the Customer
10.2 Investigation Process
Optua will investigate all speed complaints in accordance with Ofcom guidelines and will work with the underlying network provider to resolve issues where possible. The Customer should follow Optua's fault reporting process and cooperate with Optua's investigation.
11. Equipment
11.1 Ownership
Where Optua provides equipment (for example, a router or modem), the equipment remains the property of Optua or its licensors unless the Customer has purchased it outright. Ownership of purchased equipment passes to the Customer only when Optua has received payment in full.
11.2 Permitted Use
The Customer shall use the equipment only for its intended purpose in connection with the Services and shall not modify, damage, tamper with or interfere with the equipment in any way that affects its operation or compatibility with Optua's network.
11.3 Return of Equipment
On termination of the contract, the Customer shall return any rented or loaned equipment to Optua within 14 days in good working condition (fair wear and tear excepted). Failure to return equipment within that period, or returning equipment that is not in good working condition (fair wear and tear excepted), may result in charges for the replacement cost of the equipment.
11.4 Customer Responsibility for Equipment
The Customer is responsible for the security and safe keeping of any equipment on its premises and for any loss of or damage to the equipment (other than fair wear and tear) while the equipment is in the Customer's possession, custody or control.
12. IP Addresses
12.1 Dynamic IP Addresses
Unless otherwise agreed in writing, broadband services are provided with dynamic IP addresses, which may change from time to time without notice.
12.2 Static IP Addresses
Static IP addresses may be available for an additional charge. Static IP addresses remain the property of Optua (or its network provider) and must be returned or released upon termination of the contract.
12.3 Misuse of IP Addresses
The Customer shall not misuse any IP addresses allocated by Optua, including using them for spamming, hacking, phishing, denial-of-service attacks, or any other prohibited or illegal activities. Misuse of IP addresses may result in immediate suspension of services and referral to law enforcement.
13. Usage and Fair Use
13.1 Unlimited Data
Unless otherwise stated in the Order Form or service documentation, broadband services are provided with unlimited data usage.
13.2 Acceptable Use
The Customer shall use the service for normal business purposes and in accordance with the Acceptable Use Policy set out in the General Terms and Conditions.
13.3 Fair Use Measures
Optua reserves the right to apply fair use measures if the Customer's usage adversely affects other customers or the stability and performance of the network. Such measures may include traffic shaping, speed limitations, or moving the Customer to a different package, following reasonable notice.
14. Third-Party Networks and Limitation of Liability
14.1 Network Providers
Broadband services are delivered using third-party network infrastructure provided by organisations such as Openreach, CityFibre, Virgin Media, and other network operators (the "Network Providers").
14.2 Network Provider Responsibility
Optua is not responsible for delays, faults, service issues or service unavailability caused by third-party Network Providers, including delays in installation, provisioning or repair caused by Network Provider actions or delays.
14.3 Network Maintenance
Network upgrades, maintenance, changes or incidents affecting third-party networks may temporarily affect the service. Optua will use reasonable endeavours to notify customers of planned third-party network maintenance where advance notice is provided to Optua.
14.4 Claims and Disputes
Any claims or disputes arising from issues caused by Network Providers should, where possible, be raised with Optua, which will attempt to liaise with the relevant Network Provider on the Customer's behalf. However, the Customer acknowledges that Optua's liability in respect of Network Provider faults is limited as set out in the General Terms and Conditions.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Broadband Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law.
15.2 Jurisdiction
Each party irrevocably agrees that the courts of Scotland (including the Court of Session and the Sheriff Courts) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Broadband Terms or their subject matter or formation (including non-contractual disputes or claims).