1.1 In this Agreement (including the Schedules):
Activation Date means the date on which We confirm that the Installation Services are complete;
Agreement means, together, these Conditions and the terms of each Order You make;
Business Day means a day other than a Saturday or a Sunday or a public holiday in England and Wales;
Commencement Date means the date on which these Conditions are accepted by You;
Conditions means these residential trial conditions;
Customer Support means our customer support team contactable by email to firstname.lastname@example.org or by calling +44 (0) 330 460 4610;
Equipment means any equipment provided to you in connection with the provision of our Services, including the socket and router we install;
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 from time to time;
Hardware means any hardware used by You from time to time;
Initial Term means 3 months from the Activation Date;
Installation Period means the period commencing on the Commencement Date and ending on the Activation Date;
Installation Services means the services provided by Us 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 FIBRE Acceptable Use Policy means the LIT FIBRE acceptable use policy provided to You by Us from time to time;
LIT FIBRE IPRs has the meaning given to it in clause 18;
LIT FIBRE, Us, We, Our means Lit Fibre Group Ltd (Company number 12560467), whose registered office is located at, 9 Greyfriars Road, Reading, England, RG1 1NU;
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 Trial Package, which You can make via the Website or by phone to Customer Support;
Property means Your home, as identified in the Order;
Services means, together, the Installation Services, the ISP Services, the Telephony Services, and the Maintenance and Support Services;
Telephony Services means the telephone services provided by Us.
Trial means a user trial of the Services;
Trial Package means the package of Services set out in the Order;
Trial Period means the Installation Period and the Initial Term;
Wayleave Agreement means Our standard form wayleave agreement, produced pursuant to the Telecommunications Act 1984 and the Electronic Communications Code;
Website means the 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 you, the customer, and Your shall be construed accordingly.
Your Agreement is with Us, Lit Fibre Group Ltd Limited (Company number 12560467), whose registered office is located at 9 Greyfriars Road, Reading, England, RG1 1NU. You can get in touch with Us via the ‘contact us’ link on the Website, by phoning Customer Support on +44 (0) 330 460 4610, by emailing email@example.com, or by messaging Us through web chat on the LIT FIBRE Website.
3.1 You have agreed to take in part in a Trial, and these Conditions apply to and govern such Trial.
3.2 These Conditions apply to You as a consumer, meaning that You are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession. If You are planning on using the Services in any other context then the provisions of our business-to- business conditions will apply to You instead.
3.3 These Conditions apply to and govern each Order, and together these Conditions and the terms of each Order constitutes Your Agreement with Us.
3.4 Your Agreement with us is made up of the following documents and includes any other document we refer to in them.
In the event of any conflict between these documents, the document higher up on the list takes priority.
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 Trial Period. At the end of the Trial Period, unless otherwise agreed between You and Us, this Agreement shall automatically terminate, and You may be given the option to become a paying Lit Fibre customer.
5.1 During the Trial, the Services will be provided to you free of charge.
We may make changes to this Agreement at any time. If we do so then We will notify You of this. If You do not agree to the change(s) then You can bring this Agreement to an end by giving us 30 days’ notice.
7.1 Once You have accepted these Conditions, We will agree a date or dates with You upon which We will provide the Installation Services. We’ll try to set this up as quickly as we can, but we cannot guarantee a specific date.
7.2 You acknowledge that the nature of the installation of the Fibre and Equipment may mean that: various Works may be required at the Property; and certain Fibre and Equipment shall remain at the Property once installed.
7.3 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.
8.1 You will be given a dynamic IP address which is free of charge. This IP address will be re- assigned to LIT FIBRE, or to another LIT FIBRE customer, if your ISP 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 may have to pay an additional charge.
8.2 The actual speed and performance of your internet service will depend on various factors, some of which are outside our control, however performance will be best via a wired connection.
9.1 Provided that You comply with these Conditions, with effect from the Activation Date, We will provide You with the Maintenance and Support Services.
9.2 Irrespective of any other obligation We may have to You, We shall be entitled, at any time during the Term, to change, substitute or replace the Fibre or the Equipment or any part of either.
10.1 The Fibre and Equipment shall remain Our 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).
10.2 Without prejudice to any other Condition, You shall not:
10.2.1 use the Fibre and Equipment other than in accordance with these Conditions and Our reasonable instructions from time to time;
10.2.2 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;
10.2.3 attempt to move, maintain, alter, modify, adjust, remove, replace or repair the Fibre or Equipment;
10.2.4 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
10.2.5 remove or obscure, or allow the removal or obscuring of, any of Our labels placed on the Equipment.
11.1 You shall grant to Us such access to:
11.1.1 the Property; and
11.1.2 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.
11.2 It may be that You require permission from certain other people or organisations (e.g. Your landlord or housing association 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.
11.3 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.
11.4 In some situations we may need You or a particular third party (e.g. Your landlord or housing association if You do not own Your Property) 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 would provide. Without prejudice to clauses 0 and 0, We therefore reserve the right to:
11.4.1 require You to enter into a Wayleave Agreement; and/or
11.4.2 require that You get a relevant third party (e.g. Your landlord or housing association if You do not own Your Property) to enter into a Wayleave Agreement,
in each case so that We can access to the Property as may be necessary to provide the Services.
12.1 You shall:
12.1.1 cooperate fully with Us;
12.1.2 complete any surveys We ask You to complete;
12.1.3 only use the Services (or any part thereof), the Fibre or the Equipment in accordance with the LIT FIBRE Acceptable Use Policy;
12.1.4 keep the Equipment connected to Your electricity supply at all times (and shall be responsible for all electricity-related charges and expenses); and
12.1.5 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;
12.1.6 only use the Fibre, and/or Equipment for lawful purposes in accordance with all applicable laws and regulation; and
12.1.7 not use the Fibre, and/or Equipment to send, access, store, distribute, transmit, post, upload or download any materials or data which: (i) violates any applicable laws and regulation; (ii) is defamatory, offensive, abusive, obscene or constitutes harassment; (iii) is or may be harmful to minors; (iv) promotes or encourages illegal or socially unacceptable or irresponsible behaviour; (v) is in breach of any third party rights; (vi) has any fraudulent purpose or effect; or (vii) damages or may damage Our rights;
12.1.8 keep the details of the Trial confidential at all times.
13.1 Your rights
13.2 You can end this Agreement:
13.2.1 at any time at Your discretion, by giving no less than 7 days’ notice.
13.2.2 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 Services or this Agreement in each case to which You do not agree;
(b) We have told You about an error in the 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;
(d) You have a legal right to end the Agreement because We have broken the terms of this Agreement; and
13.3 How can I end this Agreement? You can end this Agreement by notifying us in accordance with clause 22.
14.1 We may end the Agreement:
14.1.1 At any time at Our discretion, by giving no less than 7 days’ notice.
14.1.2 Immediately, if:
(a) You become bankrupt and/or You fail any credit check We may carry out on You;
(b) 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;
(c) You do not, within a reasonable time, allow us to supply the Services to You;
(d) You do not provide us with access to the Property to supply the Services;
(e) in Our opinion, it becomes apparent that You have not or may not have obtained any necessary consents and permissions from others;
(f) You do not comply with any other term of this Agreement;
(g) We are unable to perform our obligations under this Agreement as a result of an event beyond our reasonable control; or
(h) You change address and we are unable or unwilling to port the Services to Your new address (please see clause 16 for further information).
14.2 How we will end this Agreement
We will end this Agreement by emailing You.
15.1 When this Agreement comes to an end:
15.1.1 some of the clauses of the Agreement will continue to apply to You because they relate to how You can use the Equipment and our responsibility for it after the Agreement has come to an end. The relevant clauses are clauses 5, 10, 15, 17, 18, 23 and 24
15.1.2 We shall be entitled to disconnect the Fibre from the Network; and
15.1.3 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.
15.2 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 Equipment for any purpose. The restrictions in clause 10 will continue to apply.
16.1 Where You want to move the Services from the Property to another address (e.g. where You move house), You agree to let Us know immediately.
16.2 Where You change address:
16.2.1 We will notify You as to whether we are able to move the Services from the Property to another address and any costs involved in doing so;
16.2.2 We shall be entitled to terminate this Agreement immediately or on such notice as We shall see fit if We are unable or unwilling to move the Services from the Property to another address.
16.2.3 Your obligations under this Agreement shall continue unless You exercise Your right to terminate this Agreement pursuant to clause 0.
17.1 When We will be liable to You
17.1.1 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud; or for any legal rights and remedies available to You under consumer law.
17.1.2 We will only be liable to You for foreseeable loss and damage that We cause. If we fail to comply with the terms of this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if: (i) it is obvious that it will happen; or (ii) if, at the time the Agreement was made, both We and You knew it might happen, for example, if You discussed it with Us during the order or installation process.
17.1.3 Subject to clauses 0, 0 and 0, Our liability to You is limited:
(a) for loss of or damage to Your property (including the Property and any of Your Hardware) to a maximum of £10,000 for any one event or series of connected events; and
(b) except for loss of or damage to Your property, to a maximum of £5,000 for any one event or series of connected events.
17.2 When We will not be liable You
17.2.1 We shall not be liable for any failure or delay in performing Our obligations under this Agreement which arises as a result of:
(a) a failure or delay by You in performing any of Your obligations under this Agreement;
(b) anything You do or don’t do which is against the law or causes us harm;
(c) You failing to follow any reasonable instruction of request made by Us in relation to the Services;
(d) Our complying with Your instructions or requests;
(e) an Exempted Condition;
(f) Your Hardware, Your network connection, software or equipment or access to any other internet services;
(g) viruses or other malware; and
(h) any third party products and services with which the Fibre and Equipment interacts from time to time.
17.2.2 We are not liable for business losses. The Services are only supplied to You on the basis that You will use them for domestic or private use. If You use the Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
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.
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.
We will process Your personal data in accordance with our Privacy Notice, a copy of which You can view on the Website.
21.1 This Agreement is personal to You and You cannot transfer it to anyone else without our prior written consent.
21.2 From time to time we may involve sub-contractors to provide the Services to You, although when we do so we will remain responsible to you for the Services.
22.1 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/
22.2 Any notice given by You under this Agreement shall be given:
22.2.1 By post;
22.2.2 By email to our Customer Support team;
22.2.3 Over the phone to our Customer Support team
22.2.4 Over web chat on the LIT FIBRE Website to our Customer Support team.
22.3 Any notice given by us under this Agreement shall be given by email.
22.4 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 within business hours (being 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.
22.5 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 0 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 0.
23.1 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.
23.2 Nobody else has any rights under this Agreement to enforce its terms, save that this Agreement may be enforced by any members of the LIT FIBRE group from time to time as if they were originally a party to this Agreement.
23.3 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 contract, 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.
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).