Terms of use

Telephone and Internet services

These are the terms and conditions under which Kingston Communications will provide You with telephone and internet services at Your Clubeasy property.

1. Definitions
In these terms and conditions the following terms shall have the following meanings:-
“AUP” means Our Acceptable Use Policy for Internet Services set out in the User Guide, as varied from time to time.
“Calls” means telephony calls made or received using the Telephone Service. “Clubeasy” means Your accommodation provider.
“Credit Card” those credit or debit cards that are authorised by Us from time to time for use in conjunction with the Services.
“Handset” means the telephone handset to be used by You in order to access the Telephone Services.
“Internet Services” means the internet access services described in the User Guide.
“PIN Number” means the personal identifi cation number issued to You which enables You to access Your Account.
“Pre-paid Card” means a pre-paid phone card authorised by Us for use in conjunction with the Telephone Services.
“Services” means the Telephone Services and the Internet Services.
“Telephone Services” means the telephony services described in the User Guide.
“User Guide” means the User Guide published by Us setting out instructions on how to operate the Services.
“We” or “Us” means KCOM Group PLC.
“You” means the individual authorised by Us to use the Services at Your Clubeasy property.
“Your Account” means the account managed by Us in Your name and through which you can make outbound telephony calls using the Telephone Services.

2. The Services
2.1 We shall provide the Services to You for so long as Your tenancy agreement with Clubeasy continues.

2.2 Full details on how to use the Services are set out in the User Guide.

2.3 You will be or have been issued with a PIN Number in order to allow You to use the Services. You must keep this PIN Number confidential at all times. We shall not be responsible for or have any liability as a result of Your PIN Number being disclosed to or being discovered by any third party.

2.4 We will provide the Services to You with reasonable care. However, operating problems with the Services may arise from time to time and We do not warrant that the Services will be fault free.

3. Charges
3.1 You will be able to use the Internet Services free of charge and irrespective of whether Your Account is in credit.

3.2 You will be able to use the Telephone Services to receive inbound Calls free of charge and irrespective of whether Your Account is in credit.

3.3 The outbound telephony service that We will provide to You as part of the Telephone Services is a pre-paid service. You will only be able to make outbound Calls using the Telephone Services if Your Account is in credit. When You make outbound calls using the Services, Your Account will be debited with Call charges calculated at the rates set out in the User Guide.

3.4 It will not normally be possible to make outbound Calls using the Services without the appropriate Call charges being debited against a credit in Your Account. However, if outbound Calls are made using the Services without this happening for any reason, You will be responsible for paying Call charges to Us for those Calls at the rates set out in the User Guide.

4. Managing Your Account
4.1 You can add credit to Your Account either by using a Credit Card or by purchasing a Pre-paid Card.

4.2 If You credit Your Account using a Credit Card, You should follow the procedure set out in the User Guide. Each time You use this method, Your Account will be credited by the amount debited from Your Credit Card.

4.3 If You purchase a Pre-paid Card, You should follow the procedure set out in the User Guide in order to credit Your Account. Each time You use this method, Your Account will be credited by the face value of the Pre-paid Card.

4.4 When Your Account is closed, You will only be entitled to a refund of any outstanding credit in Your Account in the circumstances described in
clause 6.

5. Use of the Service
5.1 You agree to use the Services in accordance with these terms and conditions and the operating instructions set out in the User Guide.

5.2 You agree to use the Internet Services in accordance with the AUP.

5.3 You agree not to use the Telephone Services;

5.3.1 to receive or send any message or Call that is offensive, abusive, indecent, menacing, intended to be a nuisance call or a hoax call to an emergency service;
5.3.2 in order to commit a fraud against Us or any other party; or
5.3.3 in a way that constitutes a criminal offence.

5.4 We shall co-operate with the Police, any other relevant authorities and other telecommunications operators and service providers in the event that We have reasonable grounds to believe that You are using the Services in breach of clauses 5.2 or 5.3. In particular, We shall be entitled to pass information relating to Your use of the Services to these bodies

6. Termination
6.1 Your Account will be closed and Your authority to use the Services will terminate when your tenancy agreement with Clubeasy terminates.

6.2 We shall be entitled to close Your Account and terminate Your authority to use the Services at any time on 30 days notice.

6.3 We shall be entitled to immediately close Your Account and terminate Your authority to use the Services and/or temporarily suspend Your authority to use the Services if:

6.3.1 you breach any of the terms and conditions set out in clause 5;
6.3.2 the agreement between Us and Clubeasy under which We are authorised to provide the Services to You terminates for any reason; or
6.3.3 any regulatory authority under which We provide the Services to You is withdrawn or revoked for any reason.
6.4 On termination of Your Account for any reason, We shall;
6.4.1 retain any outstanding credit that is less than £5; and
6.4.2 refund to You any outstanding credit in excess of £5. If You are entitled to a refund, this will be sent to You on Our behalf by Clubeasy.

7. Limitation of Liability
7.1 We accept liability for faults in the Services caused by Our negligence, but only to the extent stated in this clause 7.

7.2 We do not exclude or restrict Our liability for death or personal injury resulting from Our negligence, or for any other matter for which We cannot exclude Our liability at law.

7.3 Our liability to You in contract, tort or otherwise (including negligence) in relation to the provision of the Services to You is limited to £1,000 for any one incident or related series of incidents and £5,000 for any series of incidents related or unrelated in any period of 12 months.

7.4 In any event, We will not be liable to You for any loss of profits, business or anticipated savings, whether incurred directly or indirectly or for any indirect or consequential damage beyond that expressly accepted in this clause 7.

7.5 We will not have any implied obligation or liability in relation to the Services in contract, tort or otherwise, other than those expressly set out in these terms and conditions.

7.6 Each provision of these terms and conditions limiting or excluding liability operates separately in itself and survives independently of the others.

8. Your Data
From time to time, We or Clubeasy acting on Our behalf may send You marketing information about the Services such as information about special offers and new products. You can ask Us to stop carrying out these marketing activities at any time by writing to Us at the address given in the User Guide.

9. Variation of Terms
9.1 We shall be entitled to vary these terms and conditions from time to time. We will either leave a message on Your voicemail service, post an announcement on this website or send you an email in order to notify You of any such variation at least 2 weeks before it comes into effect.

9.2 From time to time, at Our entire discretion, We may prevent You making outbound Calls to certain telephone numbers using the Services. We will normally inform You by leaving a message on Your voicemail service, post an announcement on this website or send you an email in order to notify You of any such variation at least 2 weeks before it comes into effect.

10. Entire Agreement
These terms and conditions shall constitute the entire agreement between You and Us for the provision of the Services. By registering with us to use the Services You expressly agree to be bound by these terms and conditions.

11. General
11.1 If You have any questions relating to the Services, You should contact Us using the contact details set out in the User Guide. If You wish to send Us any written notice in relation to these terms and conditions or Your use of the Services You can write to Us at the address given in the User Guide.

11.2 We shall not be liable for any breaches of these terms and conditions caused by matters beyond Our reasonable control including, without limitation, any natural disasters, wars, national emergencies, labour disputes or any breakdown or defect in any telecommunications network or circuit not owned or operated by Us.

11.3 If any provision of these terms and conditions is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected by that finding.

11.4 We shall be entitled to assign Your Account and the agreement between You and Us relating to Your use of the Services to a third party, including Clubeasy, at any time by giving You written notice to that effect. You shall not be entitled to assign this Agreement or Your right to use the Services to any third party without Our prior written consent.

11.5 The agreement between You and Us set out in these terms and conditions shall constitute the entire agreement between Us regarding Your use of the Services.

11.6 The agreement between You and Us set out in these terms and conditions shall be subject to English law and both You and Us submit to the exclusive jurisdiction of the English courts.