1.1 In this Agreement (including the Schedules):
Activation Date means the date when We verify that the Equipment is successfully connected to the Network and the relevant Services are fully operational for use;
Activation Fee means the charge You are required to pay for activating the Equipment to enable You to use the Services;
Agreement means, together, these Conditions and the terms of each Order You make;
App means the ‘My Lit Business App’;
Business Customer Support means Our business support team contactable by email to [email protected] or by calling +44 (0) 330 236 9133;
Business Day means a day other than a Saturday or a Sunday or a public holiday in England and Wales;
Business Hours means between 9.00am and 5.00pm on a Business Day;
Charges means the charges due from You for the Services or in connection with the Services, as set out in the Contract Summary and Contract Information, on the Website and in the Guide to Business Charges and Fees;
Commencement Date means the date on which these Conditions are accepted by You;
Commitment Period means the period of time specified in the Contract Summary, and if no period is specified, then 12 months from the Activation Date;
Conditions means these business terms of service;
Confidential Information of a party shall mean all information, in whatever form, disclosed, made available by, or otherwise emanating from that party (or its Group Companies) in connection with this Agreement (and shall include its terms and, in the case of LIT FIBRE’s Confidential Information, all information relating to the specification and performance of the Services). Confidential Information shall not include information which:
(a) at the time of disclosure is in the public domain;
(b) after disclosure becomes part of the public domain otherwise than by breach by a party of the provisions of this Agreement;
(c) was already in the possession of the receiving party at the time of disclosure;
(d) was received by the receiving party after disclosure from a third party who was not required to hold it in confidence; or
(e) is trivial and/or obvious;
Contract Summary and Contract Information are the documents provided to you as part of the contracting process entitled ‘Contract Summary’ and ‘Contract Information’;
Early Termination Charge means the early termination charge that You shall be liable to pay in the event that You wish to terminate the Agreement before the end of the Commitment Period. Early Termination Charges are specific to each Package and are set out on the Website and in the Guide to Business Charges and Fees;
Equipment means any equipment that We supply to You for accessing the Services, including optical network termination devices (ONT), Lit Hub’s and Lit WiFi devices;
Exempted Condition means any condition, defect or malfunction or loss of availability arising from anything outside of Our control (except for fair wear and tear), including where You use the Fibre or Equipment in a way which is not intended, where the Fibre or Equipment is put under unusual stress or you modify, adjust or tamper with the Fibre or Equipment in any way without our approval;
Fibre means the fibre owned and/or operated by Us or Our Suppliers from time to time;
Group Company means, in relation to a party, any group undertaking (as defined in section 1161 of the Companies Act 2006) of that party, in each case from time to time;
Guide to Business Charges and Fees means the guide to Our fees available at https://litfibre.com/legal/;
Hardware means any hardware used by You from time to time;
Installation Period means the period commencing on the Commencement Date and ending on the Activation Date;
Installation Services means the services provided by Us or Our Suppliers in order to install the Fibre and Equipment at the Property, comprising: (i) installation of Fibre at the Property; (ii) installation of the Equipment of the Property; (iii) carrying out all related Works; and (iv) connection of the Fibre installed at the Property to the Network;
Intellectual Property Rights means all intellectual property rights, including patents, trade and service marks, rights to domain names, rights in passing off, registered and unregistered designs, rights in confidential information, rights in know-how, database rights, topography rights, copyright (including rights in software), rights in any invention, and applications for registration of any of the foregoing, and the right to apply therefor, in each case in any part of the world;
ISP Services means the internet services provided by Us;
Lit Hub’s and Lit Wifi mean, respectively, the router or mesh unit provided to You as part of the Equipment;
LIT FIBRE Acceptable Use Policy means the LIT FIBRE acceptable use policy as is set out {{link to latest policy}} or as otherwise provided to You by Us from time to time;
LIT FIBRE IPRs has the meaning given to it in clause 25;
LIT FIBRE, Us, We, Our means Lit Fibre Ltd (Company number 13138313), whose registered office is located at, 400 Thames Valley Park Drive, Reading, England, RG6 1PT;
Maintenance and Support Services means the services required to maintain and support the Fibre and Equipment in operational order from time to time;
Network means the communications network to which the Fibre is connected;
Order means an order for a Package, which You can make in accordance with clause 5;
Package means the package of Services selected by You from the Website and set out in the Order;
Property means Your business premises, as identified in the Contract Summary;
Service Levels means the measures of performance of the Services set out in clause 8;
Services means, together, the Installation Services, the ISP Services, the Telephony Services, and the Maintenance and Support Services;
Suppliers means any entity which we contract with in order to provide the Services to You, which may include Our suppliers, subcontractors or affiliates;
Telephony Services means the telephone services provided by Us;
Wayleave Agreement means Our or our Supplier’s standard form wayleave agreement, produced pursuant to the Telecommunications Act 1984 and the Electronic Communications Code;
Website means Our website, located at litfibre.com;
Works means the works required to install the Fibre and the Equipment at the Property, which may include (without limit), excavation and other earth works, drilling of holes in the walls of the Property and/or affixing items to the walls of the Property; and
You means the business entity named on the Contract Summary, and Your shall be construed accordingly.
1.2 References to statutes or statutory provisions shall be construed to include references to those statutes or statutory provisions as amended or re-enacted from time to time and shall include any orders, regulations, instruments or other subordinate legislation under them.
1.3 The headings in this Agreement are for ease of reference only and shall not in any way affect its construction or interpretation.
1.4 Reference to a party to this Agreement shall include its personal representatives, successors in title and permitted assigns.
1.5 The Schedule forms part of this Agreement and shall be construed and have the same full force and effect as if expressly set out in the main body of this Agreement, save that in the event of a conflict between the terms of the main body of this Agreement and the terms of the Schedule, the terms of the main body of this Agreement shall prevail.
1.6 The terms of this Agreement shall apply to the exclusion of any of Your standard terms and conditions, including any terms and conditions accompanying Your purchase order(s) or other correspondence.
1.7 Unless expressly stated to the contrary in this Agreement:
1.7.1 words denoting the singular include the plural and vice versa, words denoting any one gender include all genders and vice versa, and references to persons include individuals, partnerships, bodies corporate and unincorporated associations;
1.7.2 a reference to a recital, clause or Schedule is a reference to a recital or clause of or Schedule to this Agreement and a reference to a sub-clause is a reference to a sub-clause of the clause in which the reference appears; and
1.7.3 the words and phrases “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as the preceding words where a wider construction is possible.
2.1 Your Agreement is with Us, Lit Fibre Ltd (Company number 13138313), whose registered office is located at 400 Thames Valley Park Drive, Reading, England, RG6 1PT. We are a nationwide provider of full-fibre broadband services and related products across the UK. You can get in touch with Us via the ‘contact us’ link on the Website, by phoning Business Customer Support on +44 (0) 330 236 9133, by emailing [email protected], or by messaging Us through web chat on the LIT FIBRE Website.
3.1 These Conditions apply to You as a business customer, meaning You are acting wholly or mainly for the purposes of Your trade, business, craft or profession. If You are planning on using the Services as a consumer, please refer to our residential terms and conditions here.
3.2 These Conditions apply to and govern each Order.
3.3 Your Agreement with us is made up of the following documents and includes any other document we refer to in them:
3.3.1 the Contract Summary and Contract Information;
3.3.2 these Conditions;
3.3.3 the Guide to Business Charges and Fees; and
3.3.4 the LIT FIBRE Acceptable Use Policy,
in the event of any conflict between these documents, the document higher up on the list takes priority.
4.1 Your Agreement with Us shall start on the Commencement Date and shall (unless either party brings it to an end earlier in accordance with the terms of this Agreement) continue for the duration of the Installation Period and the Commitment Period. At the end of the Commitment Period this Agreement shall continue automatically, unless and until:
4.1.1 it is brought to an end by either party giving the other at least 30 days’ notice; or
4.1.2 it is brought to an end in accordance with clause 20 or clause 21.
5.1 There are several ways to place an Order for Our Services: You can order online through the Website, call Us by phone, speak to Us via online chat, or speak directly with one of Our door-to-door sales representatives.
5.2 As part of the order process, We may need to carry out a credit check, and assess the availability of Our Services in Your area.
5.3 We will provide You the Contract Summary and Contract Information. You must check these details as they will form part of the binding contract between Us based on the information You have provided. When placing your Order, by clicking “I agree”, you confirm that the Agreement constitutes a legally binding agreement between Us and You which governs the provision of the Services.
5.4 Following your acceptance, You will then receive an order confirmation email.
If You have not received Your order confirmation email You must make Us aware before Your Pre-Installation Appointment (defined in clause 11.2).
6.1 Except as expressly set out in this Agreement, the Services are provided "as is" and all other duties, warranties, conditions or other terms and liabilities in respect of the Services that are imposed on Us by law (including without limitation terms implied by statute, common law or otherwise) are excluded except to the extent such exclusion is prohibited or limited by law.
6.2 We do not warrant that the Services will be uninterrupted or error-free, or that the Services will meet Your specific business requirements.
6.3 Any claim by You against Us however caused shall be fully barred and unenforceable unless written notice of such claim (including reasonable details of the claim and the amount thereof) shall have been given to Us no later than six months after the date You first became (or ought reasonably to have become) aware of the circumstances giving rise to the claim.
7.1 You shall pay the Charges due to Us in accordance with this Agreement.
7.2 In order to place an Order, You will be required to pay any Activation Fee that applies to the Package You have selected in the Order. In addition, You shall pay the Charges in accordance with the payment schedule for the applicable Package.
7.3 When You place an Order, You will be required to provide bank account details to Us. We will use such details provided to take payment of the Charges automatically on or around the dates stated in the Contract Summary.
7.4 Unless otherwise specified, all prices provided to You shall be exclusive of VAT, which shall be paid by you as part of the Charges, where applicable at the rate and in the manner from time to time prescribed by law.
7.5 All amounts due to Us under this Agreement shall be paid in full without any deduction of any kind other than as required by law.
7.6 Where We attempt to take payment of the Charges and Your bank account details are declined, We will notify You that We have been unable to take payment and provide You with an opportunity to provide card or alternative bank account details for payment. In addition to any other rights We may have, We may:
7.6.1 charge You a payment failure fee as set out in the Guide to Business Charges and Fees; and
7.6.2 if the payment is overdue by seven Business Days or more, suspend performance of the Services in whole or in part until You have paid Us what we are owed.
7.7 We reserve the right to charge You additional fees as a result of:
7.7.1 investigating and rectifying any defect in, or malfunction of, the Fibre or the Equipment that is the result of any Exempted Condition, which will be charged at the engineer fee and equipment replacement fee set out in the Guide to Business Charges and Fees;
7.7.2 attending the Property to investigate and repair any defect in, or malfunction of, the Fibre or the Equipment where We reasonably determine that there is no defect in, or malfunction of, the Fibre or the Equipment, which will be charged at the engineer fee and equipment replacement fee set out in the Guide to Business Charges and Fees;
7.7.3 You cancelling the Installation Appointment with less than 24 hours’ notice or failing to provide access to the Property for the Installation Appointment, as set out in clause 11.3;
7.7.4 Us moving the location of the Equipment, as set out in clauses 11.9 and 11.10;
7.7.5 Your failure to comply with the important restrictions on how You can use the Fibre and the Equipment, as set out in clause 14.2, or as set out in the LIT FIBRE Acceptable Use Policy;
7.7.6 You agreeing a date for an engineer to visit the Property for any reason, and You cancelling this visit within 24 hours of the agreed date or failing to provide access to the Property on the agreed date, in which case We may charge You the engineer cancellation fee set out in the Guide to Business Charges and Fees;
7.7.7 Your failure to grant Us access to the Property or obtain any third party consent, as set out in clause 15;
7.7.8 not returning the Equipment in the circumstances set out in clause 22.
8.1 We endeavour to meet the Service Levels set out in the table below.
8.2 Notwithstanding clause 8.1 We have no obligation to You to meet the Service Levels. Failure to meet the Service Levels will not be a breach of this Agreement or give rise liability on Our part, and We will have no obligation to provide any compensation, financial or otherwise, to You or any third party.
Description:
A major incident causing an extremely serious impact to you due to the affected service(s) and/or the number of people impacted.
Example: A complete loss of service halting business entirely, with no acceptable interim workaround.
Target Initial Response Time: 2 Business Hours
Target Inflight Update: 2 Business Hours
Target Resolution Time: 1 Business Day
Description:
An incident with significant impact due to affected service(s) and/or number of people impacted.
Example: Significant loss of service, but business continues using back-up or workaround solutions.
Target Initial Response Time: 5 Business Hours
Target Inflight Update: 4 Business Hours
Target Resolution Time: 3 Business Days
Description:
An incident affecting your service with minor impact.
Example: A single user/component is affected but can work around the issue. Or occasional dropouts and slow speeds during peak hours.
Target Initial Response Time: 2 Business Hours
Target Inflight Update: Once a Business Day
Target Resolution Time: 5 Business Days
Description:
An incident with negligible impact.
Example: Change requests (e.g. contact details) or general feature enquiries.
Target Initial Response Time: 5 Business Hours
Target Inflight Update: Once a Business Day
Target Resolution Time: 10 Business Days
8.3 All resolution timescales are based on delivery of either a full resolution or work-arounds. For faults that We need to hand off to external suppliers, the Service Levels may not apply and the target resolution timeline will be considered Our estimated target resolution. We are only responsible for Services installed and managed by the Us. Failure to meet the guidelines will not result in any financial compensation to You or any third parties.
9.1 We may make changes to the Agreement without notice to You if the change is purely of an administrative nature and has no negative effect on You, or is directly imposed by law.
9.2 We may make other changes to this Agreement at any time. Where those changes are not covered by clause 9.1, then We will notify You of the changes by giving You a least 30 days’ notice, unless We are not able to do so due to regulatory or legal reasons, in which case We will notify you as soon as We can. If You do not agree to such change(s) then You can bring this Agreement to an end and You will not be required to pay an Early Termination Charge.
10.1 You may request to upgrade or downgrade your Services during the contract period, subject to our approval. This may result in a new Commitment Period and/or revised charges.
11.1 If the Property does not have the Equipment installed at the time of ordering the Service, We (or our Supplier(s)) will need to provide the Installation Services (“Installation Appointment”). The date for the Installation Appointment will be selected around the time when you place your Order. The date of the Installation Appointment may be subject to change, for example, if any issues are found during the Pre-Installation Appointment (which is defined in clause 11.2).
11.2 After You have accepted these Conditions, Your primary contact will receive a phone call to arrange a date for Us or Our Suppliers to carry out a pre-installation assessment of Your Property (the “Pre-Installation Appointment”).
11.3 Once a Pre-Installation Appointment or an Installation Appointment has been agreed, You may request to move the Pre-Installation Appointment or the Installation Appointment provided that You provide Us with at least 24 hours’ notice. If You request to move the date for the Pre-Installation Appointment or the Installation Appointment with less than 24 hours’ notice or fail to provide access to the Property on the agreed dates, We reserve the right to charge an engineer cancellation fee, as set out in the Guide to Business Charges and Fees.
11.4 You shall:
11.4.1 provide all relevant documentation confirming your right to install the Services at the Property. This may include, but is not limited to, floorplans, asbestos reports, wayleave permissions, and any other supporting documentation. We may require You or require that you get a relevant third party to enter into a Wayleave Agreement with Us or our Supplier(s) in accordance with clause 15.5;
11.4.2 co-operate fully with Our Suppliers, including granting them access to the Property for both the Pre-Installation Appointment and the Installation Appointment;
11.4.3 ensure that Your primary contact is available and is suitably knowledgeable for a Pre-Installation Appointment and the Installation Appointment, the primary contact should also be able to, (or have access to a mechanism to) approve contractor visits to the Property; and
11.4.4 ensure that an individual aged 18 or older will be present at the Property during the Pre-Installation Appointment, the Installation Appointment and the activation of the Services, and this person is authorised by You to allow Us and/or our Suppliers to enter and to carry out the necessary work. If no such individual is present, We may charge an engineer cancellation fee as set out in the Guide to Business Charges and Fees.
11.5 You acknowledge that the nature of the Installation Services may mean that:
11.5.1 various Works may be required at the Property; and
11.5.2 certain Fibre and Equipment shall remain at the Property once installed.
11.6 The Charges are intended to cover the cost of the Pre-Installation Appointment and the Installation Services, although We reserve the right to charge an additional fee in some circumstances, for example, where the circumstances relating to the Property require additional or specialised Works. If You cancel the Pre-Installation Appointment or the Installation Services while they are taking place, We reserve the right to charge an engineer cancellation fee, as set out in the Guide to Business Charges and Fees.
11.7 In each case We will advise You of the Works which are required as part of the Installation Services, and whether any additional fee would apply to the Installation Services. If You are unwilling to pay any such additional fee then You can cancel this Agreement immediately by informing Us of your decision to cancel by notifying Us in accordance with clause 30.3, once cancelled neither Us nor You will have any further obligations under this Agreement.
11.8 Once the Installation Services are complete, We will advise You of the Activation Date. We’ll try to set the Activation Date as soon as possible but we cannot guarantee any specific date.
11.9 Once the Installation Services are complete, should You wish to change the location in which Equipment has been installed, We or Our Suppliers may be able to re-install the Equipment in a different location subject to the payment of the engineer fee set out in the Guide to Business Charges and Fees.
11.10 Whilst We will try and install the Equipment in Your preferred location, We or Our Suppliers may advise against installing the Equipment in Your preferred location. If We install Equipment in a location that We have advised against installing the Equipment in, and it becomes necessary to move the Equipment, We reserve the right to charge You the engineer fee set out in the Guide to Business Charges and Fees.
11.11 You must provide two main power sockets for both the ONT and Lit Hub.
11.12 If the engineer is unable to finish the installation during the Installation Appointment due to safety, technical, or other factors, we will attempt to arrange a new appointment to complete the work, provided you still wish to proceed with the Services. If the Installation Services cannot be completed for any reason, Your Order will be cancelled (and where that cancellation is due to our fault this will be at no charge to You), and We will not be responsible for failing to provide the Services.
11.13 You must make sure the area is clear and safe for the work to be carried out internally and externally, We may charge an engineer cancellation fee as set out in the Guide to Business Charges and Fees if the engineer is unable to finish the installation due to this.
12.1 You may receive as part of your Package, or as an add-on for an additional fee, a static IP.
12.2 If You do not purchase a static IP or receive one as part of your Package, and Your connection is not set up for IPv6, You may be assigned a shared dynamic (RFC6598) IP address. This is an IPv4 address which uses something called Carrier-Grade NAT (CGNAT). This means Your Lit Fibre connection shares an external IP address with other customers. This means that the IP address will be temporary or subject to change which will be translated into a public address elsewhere within the Network. If provided, this will be free of charge.
12.3 Where You use a shared dynamic (RFC6598) IP address, occasionally, if any suspicious activity is detected from that shared address, third-party services like Spamhaus (https://www.spamhaus.org/) may flag it. This can result in certain services—like email—being blocked by the receiving provider. As We are unable to guarantee the reputation of this IP, if You are running your own email server or use services that rely on a consistent and trusted IP address, We recommend adding a static IP when You place Your order to avoid potential issues.
12.4 If You host any services, such as a website, it may not be accessible if the dynamic IP address changes. If You require a publicly accessible IP address (also known as a static public IP address), and there is one available, We may be able to offer You one at an additional charge, as set out in the Guide to Business Charges and Fees. If Your publicly accessible IP is changed, we will give you seven days notice. If You are assigned a static IP address, please note that it will be re-assigned to LIT FIBRE, or to another LIT FIBRE customer if Your ISP Services are disconnected or ended for any reason.
12.5 The actual speed, coverage and performance of your internet service will depend on various factors, some of which are outside our control, such as wall thickness, insulation materials, and the distance from the router. We offer Lit WiFi (at an additional charge) to help improve coverage, however performance will be best via a wired connection.
12.6 Your ISP Services will be for no less than the Commitment Period, and will automatically prolong after the Commitment Period for successive periods of 30 days unless terminated in accordance with these Conditions. After the Commitment Period the ISP Services can be terminated by You or Us on 30 days’ notice. During the Commitment Period, You cannot transfer to a new internet services package with a shorter Commitment Period.
13.1 Provided that You comply with these Conditions, and provided that You use the Equipment (in particular the Lit Hub or Lit Wifi device) provided by Us in order to receive the ISP Services and Telephony Services, with effect from the Activation Date, We will provide You with the Maintenance and Support Services.
13.2 During the term of Your service, we or our Suppliers may need to update, configure, or upgrade the Network or Services. This could also involve making adjustments to Your Equipment for routine maintenance. As a result, there may be temporary suspensions or interruptions to Your Service. If this happens, We will make You aware of the maintenance as soon as possible.
13.3 Irrespective of any other obligation We may have to You, We shall be entitled, at any time during this Agreement, to change, substitute or replace the Fibre or the Equipment or any part of either.
14.1 The Fibre and Equipment shall remain Our or Our Suppliers’ property at all times (including (for the avoidance of doubt) where the Fibre and Equipment is installed on the Property), and You shall have no ownership claim or other right, title or interest in or to the Fibre or the Equipment. You will not claim to anyone else that You own the Fibre or the Equipment or that either form part of Your assets for financial purposes (e.g. to a mortgage lender wanting to take security over Your assets).
14.2 Without prejudice to any other Condition, You shall not:
14.2.1 use the Fibre and Equipment other than in accordance with these Conditions and Our reasonable instructions from time to time;
14.2.2 do anything or fail to do anything which shall, or is likely to have, a detrimental effect on the way the Fibre or Equipment operates;
14.2.3 attempt to move, maintain, alter, modify, adjust, remove, replace or repair the Fibre or Equipment;
14.2.4 allow any person or organisation other than Us, or our respective authorised representatives and sub-contractors to move, maintain, alter, modify, adjust, remove, replace or repair the Fibre or the Equipment without Our prior written consent; and/or
14.2.5 remove or obscure, or allow the removal or obscuring of, any of Our labels placed on the Equipment.
15.1 You shall grant to Us and Our Suppliers such access to:
15.1.1 the Property; and
15.1.2 the Fibre and Equipment installed at the Property,
in each case as We may require in order to perform Our obligations under this Agreement. You acknowledge that We may not be able to provide You with (and will not be responsible for) the Services unless and until such access is granted.
15.2 It may be that You require permission from certain other people or organisations (e.g. Your landlord or the owner of the freehold if You do not own Your Property) prior to Our supplying the Services to You (including the Installation Services). You agree to obtain all necessary consents and permissions prior to the Services taking place and provide Us with evidence of any such consents and permissions on request.
15.3 We reserve the right to terminate this Agreement within immediate effect if, in Our opinion, it becomes apparent that You have not or may not have obtained any necessary consents and permissions from others.
15.4 An individual who is at least 18 years old will be present while We, Our Suppliers or Our contractors are on Your Property.
15.5 In some situations We may need You or a particular third party (e.g. Your landlord or the owner of the freehold to give Us additional written permission to access the Property for the purposes of performing our obligations under this Agreement. Any such permission would be given via signing a document known as a Wayleave Agreement, which We or Our Suppliers would provide. Without prejudice to clauses 15.2 and 15.3, We therefore reserve the right to:
15.5.1 require You to enter into a Wayleave Agreement with Us or our Supplier(s); and/or
15.5.2 require that You get a relevant third party (e.g. Your landlord or freeholder if You do not own Your Property) to enter into a Wayleave Agreement with Us or our Supplier(s),
in each case so that We or Our Suppliers can access to the Property as may be necessary to provide the Services.
16.1 You shall:
16.1.1 only use the Services for Your business use;
16.1.2 cooperate fully with Us;
16.1.3 only use the Services (or any part thereof), the Fibre or the Equipment in accordance with the LIT FIBRE Acceptable Use Policy;
16.1.4 keep the Equipment connected to Your electricity supply at all times (and shall be responsible for all electricity-related charges and expenses);
16.1.5 notify Us as soon as possible of all faults, or defects in the Fibre or the Equipment, or circumstances likely to lead to a fault or defect, of which You may reasonably be aware or should reasonably be aware;
16.1.6 only use the Fibre, and/or Equipment for lawful purposes in accordance with all applicable laws and regulation;
16.1.7 not use the Fibre, and/or Equipment to send, access, store, distribute, transmit, post, upload or download any materials or data which:
(a) violates any applicable laws and regulation;
(b) is defamatory, offensive, abusive, obscene or constitutes harassment;
(c) is or may be harmful to minors;
(d) promotes or encourages illegal or socially unacceptable or irresponsible behaviour;
(e) is in breach of any third party rights;
(f) has any fraudulent purpose or effect; or
(g) damages or may damage Our rights.
16.1.8 not resell, share, or otherwise redistribute the Services to any third party without Our express prior written consent.
17.1 In order to receive all of the features in the Packages in the ‘Lit My Business range’ (which contains ‘Lit Business Basic’, ‘Lit Business Pro’ and ‘Lit Business Ultimate’), you must download, install and maintain access to the App. You must ensure that You have a compatible smartphone that is currently supported by its manufacturer and meets the minimum technical requirements necessary to run the App. These requirements may change from time to time. Failure to download and maintain access to the App may affect your ability to use certain services. Please see the details on the specific Packages for more detail as to what features You will not receive if you do not download the App. You can download the App from the following appstores:
17.1.1 Apple: https://apps.apple.com/gb/app/my-lit-business/id6746113649
17.1.2 Android: [TBC]
17.2 In order to use the App, You will need to agree to the App’s terms and conditions, which are set out when You make an account on the App.
18.1 You are solely responsible for the configuration, maintenance, and ongoing support of any devices You choose to connect to the Network. We do not provide technical support for third-party devices and accept no responsibility for any connectivity issues arising from their use. Should You experience difficulties with a specific device, You should contact the original device manufacturer or installer for assistance.
19.1 In addition to our rights to suspend the Services in accordance with clauses 7.6.2 and 21.2, We may suspend the provision of whole or part of the Services without liability:
19.1.1 if You breach the terms of this Agreement;
19.1.2 for planned maintenance, upon providing at least 48 hours' notice; or
19.1.3 for emergency maintenance or to address security concerns, with as much notice as is practicable.
19.2 Suspension shall not relieve You of Your obligation to pay Charges during the suspension period unless otherwise agreed.
20.1 You can end this Agreement by notifying us in accordance with clause 30, in the following circumstances:
20.1.1 at any time at Your discretion, by giving no less than 30 days’ notice, however where You choose to end the Agreement in this way prior to the end of the Commitment Period You may be liable to pay Us an Early Termination Charge. The Early Termination Charge is designed to compensate Us for You ending the Agreement before You agreed to in Your Order. Further details of the Early Termination Charge can be found in the Guide to Business Charges and Fees and We will tell You the amount of the Early Termination Charge when You terminate this Agreement. You can also find out more details of the Early Termination Charge that applies to You by contacting Us using the details set out above;
20.1.2 because of something We have done or are going to do. You may choose to end this Agreement as a result of any of the reasons set out below, and where You do so the Agreement will end immediately and We will refund You in full for any Services which are yet to be provided and for which You have already paid. You may also be entitled to additional compensation. The reasons referred to above are where:
(a) We have told You about an upcoming change to the Charges or the Services or this Agreement in each case to which You do not agree;
(b) We have told You about an error in the price or description of the Services You have Ordered and You do not wish to proceed;
(c) there is a risk that our supplying the Services may be significantly delayed because of events outside of Our control; and
(d) You have a legal right to end the Agreement because We have broken the terms of this Agreement.
20.2 You may contact Us to reschedule your Pre-Installation Assessment or an Installation Appointment or cancel Your Order without charge 24 hours before Your scheduled Installation Appointment.
21.1 We may end the Agreement if:
21.1.1 We are unable to take payment of the Charges due from your card or bank account and we are still unable to take payment within 14 days of Our notifying You that payment was declined;
21.1.2 You become bankrupt and/or You fail any credit check We may carry out on You;
21.1.3 You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Services;
21.1.4 You do not, within a reasonable time, allow Us to supply the Services to You;
21.1.5 You do not provide Us with access to the Property to supply the Services;
21.1.6 in Our opinion, it becomes apparent that You have not or may not have obtained any necessary consents and permissions from others;
21.1.7 You do not comply with any other term of this Agreement;
21.1.8 We are unable to perform our obligations under this Agreement as a result of an event beyond Our reasonable control;
21.1.9 You change address (please see clause 23 for further information); or
21.1.10 You or anyone You authorise to deal with Us on your behalf acts in a way towards Us, our employees, workers or agents, which We reasonably consider to be abusive or inappropriate.
21.2 If any of the events described at clause 21.1 occurs, We may, entirely at Our discretion, and where appropriate based on the nature of the event, suspend Your access to the Services. For the avoidance of doubt, We may also choose to end the Agreement.
21.3 How we will end this Agreement We will end this Agreement by emailing You. If We end this Agreement clause 22 will apply, including the obligation to pay any Charges that have already fallen due set out in clause 22.1.2.
22.1 When this Agreement comes to an end:
22.1.1 it shall not affect the continuance in force of any provision of this Agreement which expressly or by implication intended to come into or continue in force after termination and expiry, including clauses 7, 14, 22, 24, 25, 27, 28, 30, 31 and 32.
22.1.2 any Charges that have already fallen due will continue to be due and payable and We shall immediately take payment of all outstanding Charges where possible using the bank account details provided by You;
22.1.3 We shall be entitled to disconnect the Fibre from the Network; and
22.1.4 You shall, at Our request:
(a) return, at Our cost, the Equipment or, any part of it to Us; and/or
(b) permit Us, at Our cost, to access the Property and remove the Equipment or any part of it.
22.2 You acknowledge that when this Agreement comes to an end, We may choose not to request the return of the Equipment or to remove the Equipment from the Property, particularly if it is possible that You may wish to reconnect to the Network at a later date. In such instances, the Fibre and Equipment may remain on the Property after the date on which this Agreement comes to an end and You may not use or authorise anyone else to use the Fibre and/or Equipment for any purpose. The restrictions in clause 14 will continue to apply. Instead of the return or removal of the Equipment, and particularly where We consider that You are not complying with this clause 22.2 or the restrictions in clause 14, We may also choose to charge You for the value of the Equipment, including the non-returned Lit Hub/Lit Wifi fee specified in the Guide to Business Charges and Fees.
22.3 If You would like Us to remove the Equipment from the Property in circumstances where We would otherwise not have done so, We will remove the Equipment from the Property for a charge which reflects the costs of doing so, which We will notify to You in advance.
22.4 In the event that this Agreement is terminated and there is any outstanding amount due, You will pay such outstanding amount to Us, in addition to the Early Termination Charge (if applicable).
22.5 You acknowledge and agree that We reserve the right to transfer such outstanding amounts (whether in relation to termination or otherwise) to third-party collection agencies for recovery. You further agree to bear any associated costs or fees incurred as a result of the collection process, in addition to the outstanding balance.
23.1 Where You want to move the Services from the Property to another address, You agree to let Us know immediately.
23.2 Where You change address, You will need to provide Us with evidence of Your move and Your new address and:
23.2.1 We will notify You as to whether we are able to provide the Services at Your new address, if we are able to do so and you wish to receive the Services at the new address, your current Agreement will end and you will need enter into a new agreement with us for the new address;
23.2.2 We shall be entitled to terminate this Agreement immediately or on such notice as We shall see fit if We are unable to move the Services from the Property to another address, and where any such termination occurs during the Commitment Period, We may charge You an Early Termination Charge.
24.1 You shall indemnify Us at all times in respect of any claims, demands, costs (including legal costs on a full indemnity basis), expenses, losses and liabilities incurred by Us as a result of any breach of Your obligations under this Agreement.
24.2 Our liability shall not be limited or excluded by any provision of this Agreement to the extent prohibited or limited by law and in particular nothing in this Agreement shall exclude or limit liability:
24.2.1 for death or personal injury caused by negligence to the extent prohibited by law;
24.2.2 for fraudulent misrepresentation or other fraud.
24.3 Subject to clauses 24.2 and 24.5 , Our liability to You is limited:
24.3.1 for loss of or damage to Your property (including the Property and any of Your Hardware) to a maximum of £100,000 for any one event or series of connected events; and
24.3.2 except for loss of or damage to Your property, to a maximum of £10,000 for any one event or series of connected events.
24.4 We shall not be in breach of this Agreement and shall not be liable for any failure or delay in performing Our obligations under this Agreement which arises as a result of:
24.4.1 a failure or delay by You in performing any of Your obligations under this Agreement;
24.4.2 anything You do or don’t do which is against the law or causes us harm;
24.4.3 You failing to follow any reasonable instruction of request made by Us in relation to the Services;
24.4.4 Our complying with Your instructions or requests;
24.4.5 an Exempted Condition;
24.4.6 Your Hardware, Your network connection, software or equipment or access to any other internet services;
24.4.7 viruses or other malware; and
24.4.8 any third party products and services with which the Fibre and Equipment interacts from time to time.
24.5 Notwithstanding any other provision of this Agreement, but subject to clause 24.2 We shall have no liability however caused in each case whether suffered by the You or any third party for any:
24.5.1 direct or indirect loss of or damage to:
(a) profit;
(b) revenue;
(c) production;
(d) business;
(e) contracts;
(f) opportunities;
(g) anticipated savings;
(h) data;
(i) goodwill;
(j) reputation;
(k) use; or
24.5.2 costs of wasted management or staff time;
24.5.3 indirect or consequential loss or damage; or
24.5.4 loss or damage suffered by You as a result of a claim brought by a third party.
24.6 The parties agree that each of the sub-clauses in clause 24.5 and each of the sub-paragraphs 24.5.1(a) to 24.5.1(k) in sub-clause 24.5.1 constitute separate terms and the introductory wording of clause 24.5 shall be applied to each of them separately. If there is any claim or finding that any such individual sub-clause or sub-paragraph is unenforceable for any reason, such unenforceability shall not affect any other provision within clause 24.5 or otherwise.
24.7 The term “however caused” when used or referred to in this clause 24 shall cover all causes and actions giving rise to Our liability arising out of or in connection with this Agreement or the Services: (i) whether arising by reason of any misrepresentation (whether made prior to and/or in this Agreement), negligence, other tort, breach of statutory duty, repudiation, renunciation or other breach of contract, restitution or otherwise; (ii) whether arising under any indemnity; (iii) whether caused by any total or partial failure or delay in supply of the Services; and (iv) whether deliberate (but not in bad faith) or otherwise, however fundamental the result.
25.1 Notwithstanding any other provision of this Agreement, all Intellectual Property Rights in or arising from the Services or any other services or other items provided by or on behalf of Us (including, without limit, the Fibre and the Equipment) (LIT FIBRE IPRs) belong to Us and/or our licensors exclusively and You shall have no rights in relation to them other than the limited right to use them as is necessary for the term of this Agreement for the proper and usual use of the Services. If notwithstanding this, any LIT FIBRE IPRs are acquired by You (including any new LIT FIBRE IPRs), You hereby assigns all such LIT FIBRE IPRs to Us.
26.1 We shall not be liable for any delay in performance of, or failure to perform, Our obligations under this Agreement if such delay or failure results from circumstances beyond Our reasonable control, including but not limited to strikes, lockouts or other industrial action (whether involving Our workforce or of any other party), acts of God, war, riot, civil commotion, acts of terrorism, theft, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, epidemic, pandemic, failure or breakdown of plant, machinery, systems or vehicles, fire, flood, extreme weather conditions, power failure or failure of telecommunications networks (Force Majeure Event). If a Force Majeure Event continues for a period of 30 days or more, either You or We shall be entitled to terminate this Agreement on giving written notice to the other.
27.1 Without prejudice to each party’s other rights and remedies, each party shall treat as confidential any Confidential Information of the other and shall not divulge such Confidential Information to a third party nor make any use of such Confidential Information (other than in performance of this Agreement) without the other’s written consent.
27.2 Nothing in this Agreement shall prevent a party from disclosing information:
27.2.1 to those of its officers and employees reasonably required to have the same in order for such party to perform its obligations under this Agreement provided that such party shall procure that such officers and employees comply with the provisions of this clause;
27.2.2 to its solicitors, accountants, surveyors, insurers and other professional advisors under an obligation of confidentiality; and
27.2.3 as is required to be disclosed by a party by an order of any court of competent jurisdiction or in connection with any proceedings of any such court or otherwise by force of law or regulation having the force of law or the rules of any regulatory authority.
28.1 The provisions of Schedule 1 shall apply to this Agreement.
29.1 This Agreement is personal to You and You cannot transfer it to anyone else without Our prior written consent.
29.2 From time to time We may involve sub-contractors or Our Suppliers to provide the Services to You, although when We do so We will remain responsible to You for the Services.
30.1 If You would like to make a complaint about the Services, please refer to our complaints code of practice, accessible here https://litfibre.com/complaints-policy/.
30.2 If You are a business which employs more than 10 people (whether as employees or volunteers or otherwise), or a not-for-profit which employs more than 10 people (whether as employees or otherwise but excluding volunteers), You will not be able to refer Your complaint to The Ombudsman Service.
30.3 Any notice given by You under this Agreement shall be given:
30.3.1 By post;
30.3.2 By email to the Business Customer Support team;
30.3.3 Over the phone to the Business Customer Support team
30.3.4 Over web chat on the LIT FIBRE Website to the Business Customer Support team.
30.3.5 Any notice given by Us under this Agreement shall be given by email.
30.4 Where notice is given by post, it may be served by sending it by pre-paid first class post or recorded delivery to, the intended recipient’s address. The address of a party for service of notices is the address set out in this Agreement or such other address as a party may designate by notice given in accordance with this clause. A notice is deemed to be received when left at the recipient’s address or, if sent by pre-paid first class post or recorded delivery, forty-eight hours from the date of posting. If such deemed receipt is not between 9.00 am and 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt, the notice is deemed to be received when business hours next commence.
30.5 Each party agrees that without preventing any other mode of service permitted by any rule of court, any document in any proceedings (including but not limited to any claim form or other originating process) may be served on any party by being delivered to or left for that party at its postal address for service of notices under clause 30.4 and each party undertakes to maintain such an address at all times in the United Kingdom and to notify the other party in advance of any change from time to time of the details of such address in accordance with the manner prescribed for service of notices under clause 30.4.
31.1 This Agreement constitutes the entire agreement and understanding between You and Us and supersedes any previous agreements or understandings between You and Us relating to the matters contemplated by this Agreement.
31.2 Each party acknowledges and agrees that:
31.2.1 in entering into this Agreement it does not rely on and shall have no remedy in respect of, any statement, representation, warranty (in each case whether negligently or innocently made) or understanding of any person (whether party to this Agreement or not) which is not expressly set out in this Agreement; and
31.2.2 the only remedy available to it for breach of any statement, representation, warranty or other term which is expressly set out in this Agreement shall be for breach of contract under the terms of this Agreement.
31.3 Nobody else has any rights under this Agreement to enforce its terms, save that this Agreement may be enforced by any LIT FIBRE Group Companies from time to time as if they were originally a party to this Agreement.
31.4 Even if We delay in enforcing this Agreement, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Agreement, or if We delay in taking steps against You in respect of Your breaking this Agreement, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Services, We can still require You to make the payment at a later date.
31.5 No variation of this Agreement shall be effective unless and until it is made in writing and signed by each of the parties to this Agreement or on their behalf by duly authorised representatives. For the purposes of this clause, the expression “variation” includes any supplement, deletion or replacement however effected.
31.6 Any failure to exercise or delay by a party in exercising a right or remedy arising in connection with this Agreement or by law shall not constitute a waiver of such right or remedy or of any other rights or remedies.
31.7 Nothing in this Agreement shall be:
31.7.1 deemed to constitute a partnership, joint venture, representative or agency relationship between the parties to it; or
31.7.2 construed or have effect as constituting any relationship of employer and employee between the parties.
32.1 This 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 law of England and Wales. Each party agrees that the courts of England and Wales (and no others) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).