- General Terms and Conditions
- Broadband Terms and Conditions
- Maintenance Terms and Conditions
- Mobile Contract Terms and Conditions
- WAN Terms and Conditions
BY ACCESSING THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU ARE AGREEING TO THEIR CONTENTS. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, CONTACT US IMMEDIATELY.
PLEASE READ THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS (the Conditions) CAREFULLY AS THEY SET OUT THE AGREEMENT BETWEEN YOU (the Customer) AND US (the Company) AND YOUR RIGHTS AND OBLIGATIONS.
In this Contract the following expression shall have the following meanings:-
“Access Connection”: means an access circuit capable of supporting digital transmission.
“Company Allocated User-ID and Password”: means a user-identity and password, which the Company has allocated to the Customer to enable use of the Service.
“Company Equipment”: means equipment placed on a Site by the Company for the provision of the Service.
“Company Network Area”: means the United Kingdom other than the Carlisle Area.
“Contract”: means the relevant contract entered into by the Customer and the Company in relation to the Services and which incorporates these Conditions.
“the Customer”: means the person or Company so named on the Order Form and anyone reasonably appearing to the Company to be acting with that person’s or Company’s authority or permission.
“Company”: means the name of the Company provided for on the order form or Contract.
“Helpdesk”: means the helpdesk facility provided by the Company to handle technical enquiries for the Service.
“LAN”: means local area network.
“Minimum Term”: means the Minimum Term set out in the Order Form, beginning on the Operational Service Date.
“Network”: means the UK network wholly within the Company Network Area used to provide the Service.
“Network Terminating Unit”: means the point where the Customer’s wiring, equipment or existing qualifying data service is connected to the network.
“Operational Service Date”: means the date when a useable Service is first made available to the Customer at a Site.
“Order Form”: the document containing the Services to be delivered submitted by or signed on behalf of the Customer or any other agreement.
“Purchaser”: means the person or company so named on the Order Form. The Company reserves the right to deal with anyone reasonably appearing to the Company to be acting with the Customer’s authority or permission. “Service” means the service or, where appropriate, the services, or part of the service described in the Company Service Terms.
“Site”: Means a place of business at which the services and or equipment are to be provided as specified on the Order Form.
“System Administrator”: means a person named by the Customer to be the point of contact with the Company for matters relating to the provision of the Service.
“The Hull Area”: means the area in which Kingston Communications (Hull) plc is licensed by virtue of its licence dated 30 November 1987 under the Telecommunications Act 1984 to run telecommunication systems from 1 January 1988.
In this document references to “Us”, “We” and “Online” shall mean the Company. References to “You”, “Your”, “User” and “Customer” shall mean the Customer entering into this agreement. References to “Both of us” or “the Parties” shall mean both Us and You.
1.1. Except as expressly stated, these Conditions do not apply to service provided to points outside the United Kingdom, Isle of Man, the Channel Islands, and the Republic of Ireland or to points in the Carlisle area.
1.2. These specific terms and conditions are to be read in conjunction with the general terms and conditions (the Conditions) made available to the Customer. The Company has the right to amend these or the general terms and conditions at any time provided the Customer is informed following the changes, as detailed in the Conditions.
1.3. In the event of a dispute between these and the general terms and conditions, these specific service related terms and conditions shall override the general terms and conditions solely in relation the specific clause.
2.1. The duration of the Service is for a minimum period of 12 months unless the Order Form clearly states otherwise. The Contract begins on the Operational Service Date and will continue in full force indefinitely, and thereafter for further periods each equivalent to the Minimum Term until terminated in accordance with the Conditions.
3. PROVISION OF SERVICE BY SPECIAL MEANS
3.1. Where the Service provided under this Contract enables the connection between a point in the Company Network Area and a point in the Hull Area, the Isle of Man, the Channel Islands or the Republic of Ireland, this Contract applies only to the provision of Service by means of telecommunication systems which the Company is authorised to run.
3.2. The Customer is responsible for making application for service to the telecommunications provider in the Carlisle Area, the Isle of Man, the Channel Islands or the Republic of Ireland as the case may be and for compliance with that provider’s conditions.
3.3. The Company will configure the Network Terminating Unit and the Access Connection so that IP traffic can be transmitted onto the Network. The Company will conduct a set of standard tests to ensure that connectivity has been achieved between the Network and Customer equipment at the site. The Company will conduct a set of standard tests to ensure the configuration is functioning correctly. The customer will provide the Company with all reasonable assistance in carrying out such work. On successful completion of the test, acceptance by the Customer of the Service at that Site shall be deemed to have taken place.
4. SYSTEM ADMINISTRATOR
4.1. The Customer will appoint System Administrators (up to five named individuals or as agreed in writing with the Company), provide the Company with their contact details, and keep the Company informed of any changes to the details of the System Administrator(s) (or those of their nominated representatives).
4.2. The System Administrator will have authority to act for and on behalf of the Customer in respect of all matters relating to the Service. the Company will only respond to queries or fault reports received from the System Administrator(s), and it is the Customer’s sole responsibility to interact with any third parties in relation to the Service.
5.1. The Customer must not change or attempt to change the Company Allocated User-ID and Password.
5.2. The Company reserves the right to suspend the Company Allocated User-ID and Password access to the Service if at any time the Company considers that there is or is likely to be a breach of security.
5.3. The Company reserves the right (at its sole discretion) to change all, or part, of the Company Allocated User-IDs and Passwords used by the Customer in connection with the Service but will give prior notification to the Customer of such changes in writing.
5.4. The Customer must immediately inform the Company of any changes to the information the Customer supplied at the time of registering for the Service.
6. LAN ACCESS
6.1. The Customer may access the Service by:
6.1.1. Fixed LAN access; or
6.1.2. A dial access connection
6.2. In the case of fixed LAN access the Customer is responsible for providing an appropriate connection linking the Service and the Customer’s LAN.
6.3. If the Customer accesses the Service via a LAN, the Customer is responsible for:
6.3.1. Providing and maintaining a suitable LAN and router capable of interfacing satisfactorily with the Service;
6.3.2. Configuration of the router; and
6.3.3. The appointment of a System Administrator.
6.4. The Customer acknowledges that the Company is not responsible for providing any support, whether technical or otherwise, to the Customer’s LAN.
6.5. Where IP or other network addresses are allocated to the Customer by the Company, these are for use only in connection with the Service and all rights in those addresses belong to the Company. The Customer cannot sell them or agree to transfer them to anyone else and must not try to do so. If this Contract is terminated for whatever reason the addresses will revert to the Company.
7. HELPDESK AND FAULT MANAGEMENT
7.1. The Service will be maintained during normal working hours, unless the Customer has specifically ordered other service options.
7.2. Helpdesk: the Helpdesk provide first line support during working hours to the Customer via a national rate number. The Helpdesk will resolve technical and commercial queries, carry out administration for the Service, receive and record Customer faults and issue a reference number. The Company will use the reference number assigned to a fault with the Customer regarding that number.
7.3. The Company will respond only to faults in the Service that are reported by the System Administrator. The Company will not respond to any other person in relation to any reported fault. The Company accepts no responsibility for any faults on any service, facility or equipment not provided by the Company to the Customer under this Contract.
7.4. The Customer acknowledges that, prior to reporting a fault to the Company in accordance with this paragraph it will carry out an initial diagnosis to ensure that only faults in the Service are reported to the Company. To enable the Customer’s faults to be logged accurately, when reporting a fault, the Customer will provide all information reasonably required by the Company in connection with the fault, such as the Site location or service/circuit number.
7.5. Following the report of a fault in accordance with the procedures specified above, the Company will respond by carrying out one or more of the following actions:
7.5.1. Providing advice by telephone, including advice, where appropriate, as to tests and checks to be carried out by the Customer;
7.5.2. Where possible, carrying out diagnostic checks from the Company premises; or
7.5.3. Where considered necessary by the Company, visiting the Sites or at a point in the network only if the action in 7.5 (i) or (ii) above does not result in the fault being diagnosed or cleared.
7.6. The Company shall take all proper steps to correct the fault without undue delay, in accordance with the Customer’s Service Level Agreement.
7.7. If a fault in the Service is reported by the Customer and the Company does the work to correct it but finds there is no fault, or finds it has been caused by some act or omission of the Customer or if the Company agrees to attend a Site outside normal working hours, the Company may charge the Customer for the work.
7.8. When the fault has been cleared, the Company Customer Service Centre will, unless otherwise agreed, immediately contact the System Administrator to notify them that the Service has been restored. The Customer will confirm within thirty (30) minutes of a request by the Company to do so whether or not the fault has been cleared. If the Customer does not contact the Company within the stated period, the fault shall be deemed to have been cleared.