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Kencomp Internet Limited Terms and Conditions (2015) 

These Terms and Conditions must be read in conjunction with the Acceptable Use Policy and Schedule of Services.

You are responsible for ensuring that your account is not abused and that all legitimate users of your account observe these Terms and Conditions and the Acceptable Use Policy.

  1. Definitions and Interpretation

    1. Unless the context otherwise requires, the terms and expressions below shall have the meaning which is ascribed to them as follows:

    2. Equipment: shall mean the equipment rented to you by us including all replacements and renewals of such equipment and the component parts thereof and all accessories and additions thereto.

    3. Minimum Term”: means the period of time detailed in the Schedule of Services as the minimum subscription period.

    4. Monthly Payment”: means the amount detailed on the Schedule of Services to be paid by you each month.

    5. Service(s): means Internet Service(s) as well as any other services supplied by Kencomp Internet Limited to you as detailed in the Schedule of Services.

    6. Terms” means these Terms and Conditions together with the Acceptable Use Policy and Schedule of Services.

    7. You” means the person identified as the customer on the Schedule of Services attached to these Terms (and “Your”and“Yours” shall be construed accordingly).

    8. Us” means Kencomp Internet Limited of Kerian House, 64 Stramongate, Kendal, LA9 4BD (and “Our”,”Ours” and “We” shall be construed accordingly)

    9. Headings are for guidance and do not form any part of the agreement between you and us.

    10. Any reference to the masculine gender in these Terms includes the feminine and neuter genders and vice-versa and reference to the singular also includes the plural and vice-versa.

  2. Duration of the Agreement

This agreement shall be effective from the date of availability of Services and shall be effective for the Minimum Term stated on the Schedule of Services. At the end of the Minimum Term the agreement shall continue until either party gives one calendar month’s written notice to the other to terminate the agreement provided always that nothing in this clause shall prevent us from terminating this agreement under clause 8 hereof.

  1. Billing and Payments

    1. Invoices, which you can print out, will be transmitted electronically via our network to your secure 'My Account' page on our website. We make a charge for sending you paper invoices; please see the section titled Additional Charges for costs related to paper billing.

    2. We shall bill you one Monthly Payment in advance for the Services and Equipment that we supply. You may elect to pay quarterly or annually in advance if you prefer.

    3. Rental for Services and Equipment will commence from the date the Services become available to you whether or not you use the Services and Equipment. Part months chargeable for the initial period will be charged on a pro-rata basis.

    4. You must pay the Monthly Payment by Banker’s Standing Order.

    5. Installation fees and initial rental period fees must be paid in advance of the installation being carried out.

    6. You must present any billing discrepancies to us in detail and in writing within ten (10) days following the date of an invoice or statement of account. Any adjustment to the statement of account agreed to between you and us shall be included on the following statement of account.

    7. At our discretion interest compounded at the rate of two percent (2%) per calendar month or such sum as specified under the Late Payment of Commercial Debts (interest) Act 1998 or similar, whichever shall be the higher, may be charged on any account in arrears.

    8. We reserve the right to suspend any Service in the event that you fail to pay within fourteen (14) days any account notified to you as being in arrears. During any such period of suspension the rental fee remains payable in full.

    9. You agree to reimburse us all costs and expenses incurred in enforcing any clause in this agreement including but not limited to debt collection costs.

  2. Additional Charges

    1. Data Limits: Broadband accounts are provided with an inclusive monthly data transfer limit. Once this limit is exceeded, further data transferred is charged at the amount published for the subscribed Service. In addition, a £ 5.00+VAT administration fee will be levied to cover administering the account due to over-usage. You are responsible for all data transferred through your account and hence the charges for that data. Data transfer includes any data transferred as a result of spyware and virus activity and it is therefore important that you ensure any machines used under your account are kept secure and free from any infection. You can monitor your data usage by logging into your 'My Account' page on our website.

    2. Paper Billing: In line with industry practice, we provide invoices in electronic format which you may view and print by logging into your 'My Account' page on our website. There is a charge of £1.25 plus VAT for us to send you paper copies of your invoices.

    3. Payments not made by Standing Order: Our services are priced for Monthly Payments to be made by standing order, should you choose to pay Monthly Payments by other means please note, in line with industry practice, there is a handling charge of £5 plus VAT per month.

    4. Reminder Letters: We will send you reminder letters for late payments for which we may charge you an administration charge of £10 plus VAT per letter. To avoid these charges please pay on time.

    5. Chargeback Fee”: Where we agree to take payment by debit or credit card and your card payment is subsequently charged back to our account due to unauthorised use of the card or is disputed by the card holder or for any other reason, we shall charge you and administration fee of £25 plus VAT. To avoid this charge please ensure you are authorised to use the payment card and the card is valid.

    6. Reconnection Charge: In the event that your account is suspended for non-payment, we shall charge you £25 plus VAT for reconnecting the service. Please note that the Service will only be reconnected upon receipt of the outstanding balance plus the Reconnection Charge.

    7. Repositioning for Line of Sight: Our microwave radio based broadband services rely on line of sight between our mast and the radio aerial installed on your premises. We will install the aerial to ensure line of sight, however, it is your responsibility to ensure line of sight is maintained see clause 5.6 below. Should we have to reposition the radio aerial to restore line of sight for your services, we shall charge you for labour and materials.

    8. Maintenance Charge (Optional): If you have purchased the Equipment installed in your premises it will come with a one-year warranty. We offer a maintenance contract to cover parts and labour for faults that may develop in the Equipment after the first year. The Maintenance Charge is £75 per annum and is optional; it does not cover accidental or wilful damage.

  3. Your Obligations

    1. You must not disclose your passwords or user IDs to any third parties except for other members of your household or business using your Internet account.

    2. If you suspect that the password and/or user ID has been revealed to a third party or that there has been any misuse of your account, you must notify us immediately and seek new passwords and user IDs.

    3. You must observe the terms of our Acceptable Use Policy, particularly the restriction on the use of home accounts for business or other non-personal purposes. Breach of the Acceptable Use Policy is deemed to be a material breach of these Terms.

    4. You agree to indemnify us (on a full indemnity basis, which means that you reimburse us for everything we pay or become liable to pay) against all costs (including but not limited to legal costs) claims and liabilities arising from breach of these Terms including any deemed breach arising from breach of the Acceptable Use Policy.

    5. You agree to take all reasonable and proper care of the Equipment and to keep the same in good and serviceable condition (reasonable fair wear and tear excepted) and to indemnify us against loss or damage to the Equipment howsoever caused.

    6. You agree to ensure that there is no obstruction within your premises between the radio aerial installed on your premises and our mast that reduces or prevents line of sight between the aerial and the mast; this can be caused by growth of trees and plants or by new buildings or other obstructions between the aerial and the mast. We reserve the right to charge you for moving equipment to restore line of sight, see clause 4.7.

    7. You agree to operate the Equipment and permit the Equipment to be operated in a proper manner and only by persons who are competent to operate such Equipment.

    8. You agree not to make or cause or permit to be made any alteration, amendment, modification or addition to the Equipment without our prior consent in writing.

    9. You agree to keep the Equipment suitably housed.

    10. You agree to make available to us and any person duly authorised by us, free of charge, adequate space, the required electrical facilities and appropriate access to your premises for the purposes of installation, inspection, repair or maintenance of any Equipment required for performance of this Agreement.

  4. Our Obligations

    1. We may not change or add to clause 6.4 or Clause 7 except for security, legal or regulatory reasons.

    2. We may not change or add to any other clause unless it is reasonable to do so.

    3. We will give you at least one calendar month's notice of any changes or additions. We will not use this right to vary the terms of any special offer which applies to you and which you have accepted during the term of the special offer.

    4. After the Minimum Term we may change your Monthly Payment at any time by giving you at least one calendar month's notice but only once in any twelve-month period, unless it is for a reason set out in clause 6.5. The increase will be capped at the greater of:

      1. 5%; or

      2. the increase in the Retail Price Index over the 12 months prior to us telling you about the price increase.

    5. We may increase your Monthly Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Monthly Payment directly or our pricing structure generally.

  5. Liability

    1. Neither we nor you are liable for any breach of these Terms arising from circumstances reasonably beyond the relevant party’s control. We and you agree to use all reasonable endeavours to overcome any such problem at the earliest opportunity and to re-commence performance as soon as reasonably possible.

    2. Our liability under these Terms will not in any circumstances exceed £1,000.

    3. You accept that due to the nature of email and the internet we can never guarantee delivery or receipt of email. We therefore do not accept any responsibility for any loss you incur through mis-delivery, non-delivery or non-receipt of email. We will endeavour to provide you with Services under your account but there will inevitably be periods when we are not able to offer the Services either due to an unforeseen emergency or due to planned maintenance and improvement works. We cannot therefore guarantee access to your account at all times and do not accept any responsibility for any loss arising from any “down time” but will endeavour to warn you regarding scheduled, non-urgent down time for maintenance and improvements.

    4. You are responsible for checking any material that you download from a website using your account and any email that you may receive for viruses, worms and other computer code which may have a negative effect on the use of your computer. We recommend that you maintain an up to date virus-checker but would point out that no such checker will be fully comprehensive as new viruses and such like are being created all the time.

    5. Equipment supplied by us is pre-configured for your account. If you have purchased third party equipment then our liability to support that equipment is restricted to the supply of usernames and passwords for your account. We will use reasonable endeavours to get your services up and running on broadband via telephone support, but should this not be possible then labour charges will be levied for an engineer call out to your premises. Should the engineer discover that the visit was needed due to a fault on the telephone service, or with faulty equipment supplied by ourselves, then those charges will be cancelled. Should you decide to use a third party technician to get your computer equipment connected to the net, then any charges levied by said third party will be borne solely by yourself and we will not under any circumstances become liable for any of those charges even if it is discovered that there is a fault on the phone service or with equipment supplied by ourselves.

  6. Cancellation, Suspension & Termination

    1. You (and we) may cancel your Services at any time. Cancellation must be done in writing giving at least one payment period of notice. Any purported termination by telephone or email must be confirmed in writing to us before it will be accepted and effective under these Terms.

    2. If you terminate without notice or cause us to terminate in accordance with our rights in these Terms, payments will be due until the date that termination would have been effective had proper notice been served. No part month payments or refunds will be entered into at any time.

    3. You undertake not to withdraw authority to debit your credit or debit card for payments due in respect of any notice period. You acknowledge therefore that withdrawal of your authority for the card to be debited or any attempt to persuade your credit card service provider to charge back any monies debited lawfully under these terms will be treated as the criminal offence of fraud and carries a standard administration fee of eighty pounds (£80).

    4. We may terminate your account if you commit a material breach of these Terms. We reserve the right entirely at our discretion to suspend your account instead of terminating it. We also reserve the right to suspend your account if required to do so by the government, the police or other administrative, military or intelligence authority (irrespective of whether such authority is entitled to require us to do so).

    5. If we exercise our right to suspend your account, this does not waive our right subsequently to terminate your account for the same conduct.

    6. In the event of termination you will not be entitled to a refund of your subscription fees or equipment supply and installation fees. In addition any fees invoiced but not yet settled must be paid in full without offset.

    7. In the event of lawful suspension of your account, we will not be liable to refund your subscription fee in whole or in part.

    8. Where a minimum contract period has been chosen, the services may not be cancelled within this period. The contract may however be cancelled within this period providing payment is made in full for the remainder of subscriptions due under the contract should it have been allowed to run the full period.

    9. Where a service is provided over a BT telephone line, there will be a charge for cancellation of the service. This charge covers the cost of a BT Openreach engineer unjumpering the telephone line and will be charged at the rate applicable at the time of cancellation. No charge will be levied if the service is migrated to an alternative provider rather than being cancelled unless the new provider does not use the BT network (LLU provider).

    10. In the case of you wishing to move to an alternative supplier, then this will be treated as a termination. Where the service is provided over a BT phone line, we will provide a MAC code to facilitate this move within 3-5 working days. No termination charge will be levied in this case (unless the new provider is an LLU provider), but all fees due under the contract will still be payable and no fees paid or invoiced in advance will be refunded.

  7. Privacy Policy

    1. We do not, during the normal course of business, sell the database of our account holders to third parties. However, in the event that our shareholders decide to dispose of a majority of the shares in the company or in the event of a sale of the company’s assets or subsequent liquidation of the company, that database may be made available to third parties. Insofar as it may be within our control to do so, we will endeavour to ensure that they observe terms similar to those set out in this clause 9.

    2. We will use our database of all account holders for marketing our own products and from time to time, where we believe it may be beneficial to all account holders to do so, we may also send you information on the products and services of other companies.

    3. When you register details with us or make an order or access account details, we use a secure service. Any data you give us is encrypted using a “Secure Socket Layer” (SSL) session. SSL is an industry standard and is one of the best ways to ensure internet messages are not intercepted. You should be aware, however, that all the browsers cannot use SSL. To be sure, you will need Microsoft Internet Explorer browsers, Version 4 or above.

  8. General

    1. These Terms set out the entire agreement between us. Please therefore make sure that any representations or information given to you to induce you to enter into this agreement have been confirmed in these Terms. As we ask you to do that, we will not accept responsibility for any misrepresentations made by us (except in the unlikely event of fraudulent ones).

    2. We may assign provision of some of the services for your Internet account at our discretion. You may not assign your account.

    3. Notice may be given to you by email using your account or by posting a note to you conspicuously on our website.

    4. If you are joint holders of a credit card or bank account, and therefore joint account holders, all liability under these terms is joint and several.

    5. If we grant you any indulgences in the enforcement of these terms, it will not act as a waiver of our rights, which remain in full force and effect.

    6. These Terms are not intended to benefit any third party including other members of your household.

    7. These Terms are to be construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of English Courts. You confirm that you have read and understood these Terms by proceeding with your application.

 

 

 

 
 
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