Dated: 28th September 2012
This Agreement ("Agreement") is between Kesher Communications Ltd and the Customer. The parties agree as follows:
All Customers signing up for the Kesher Communications Ltd service will be asked to read and agree to our terms and conditions before registration is completed. By supplying their details, The Customer shows they have agreed to abide by these terms and conditions.
The Customer acknowledges that this is a Voice over Data Network service, and as such, it is dependent on the Customer's connection to the data network and the data network itself. The Customer's service may therefore cease to function if there is a power failure or a failure in the underlying data network.
The Customer understands that they may be subject to a Credit Check, regardless of whether a postpay or prepay account is provided. This is to ensure the identity of The Customer is known and correct, in the event that an account is misused, and to protect Kesher Communications Ltd from loss.
Subject to the terms and conditions of this Agreement, Kesher Communications Ltd will provide to the Customer, the telecom services and other related services described in the specific package of services chosen. Kesher Communications Ltd shall take all due care in the provision and maintenance of the service to provide quality and reliability. In the event of any failure or malfunction within our networks Kesher Communications Ltd shall then correct any failure or malfunction as soon as is reasonably practical.
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Kesher Communications Ltd receives and accepts a completed Order from the Customer plus payment in full or a completed Direct Debit form.
Kesher Communications Ltd reserves the right to reject any submitted Order for any or no reason prior to acceptance by Kesher Communications Ltd. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew on a month by month basis unless terminated or cancelled by either party.
Security Of Service
The customer is wholly responsible for the safety and security of their Kesher Communications Ltd account and the equipment used by them to access the Kesher Communications Ltd network and services and must put in place safeguards as necessary to prevent unauthorised use. The customer is responsible for all persons who use their username and password to access the service, whether authorised or not. Kesher Communications Ltd accepts no responsibility for costs incurred by the customer from unauthorised usage of a customer's account
We may access, copy, preserve, disclose, remove, suspend or delete any Data:
- if we are required to do so by applicable Law or competent authority; or
- if reasonably required for the purposes of carrying out our obligations, or enforcing our rights, under the Contract; or
- if we suspect such Data is causing a negative impact on our network; or
- if it is otherwise permitted under the terms of service; or
- if any Data is prohibited under our terms of service.
Non-UK Telephone numbers: When ordering non-UK telephone numbers you are obliged to conform to the telephone numbering regulations of the country concerned. This will normally mean that you must use the service from within the geographic numbering range you wish to order and should you should register an account with Kesher Communications Ltd from an address covered by the number range. Failure to do this may result in the loss of your number.
The Customer understands that often, VoIP Numbers are provided by Network Operators in the UK and other countries. In the event an operator discontinues service for whatever reason, The Customer will not hold Kesher Communications Ltd liable for the loss of a VoIP Number.
Kesher Communications Ltd may lease equipment to the Customer. Regardless of whether any fees are charged for the rental, it is The Customer’s responsibility to return The Equipment at the end of their contract in working order. If The Client does not return The Equipment with 30 days or if the equipment has been damaged, an invoice will be sent to The Client to cover the repair or replacement. The invoice will be payable upon receipt. Unless otherwise stated, services attached to leased equipment will have a minimum initial period of 12 months from the delivery date.
Payment And Fees
Kesher Communications Ltd may, at any time, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
All prices quoted excluding VAT unless otherwise stated.
When The Customer purchases monthly services or sets up auto top up, this will automatically grant Kesher Communications Ltd continuous authority on that credit card or Direct Debit unless the service(s) or auto top up are cancelled by the user, as long as the Initial Term is complete and all Fees have been paid.
In the event that Kesher Communications Ltd are unable to take a payment from the user’s chosen payment method, the user will be informed by email and will be prompted to make a manual payment in order for their services to continue.
In the event that any amount due to Kesher Communications Ltd remains unpaid, Kesher Communications Ltd , in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
In the event of termination due to non-payment or early termination by The Customer, The Customer will be liable to make payment up to the end of the current term, in addition to any overdue payments.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Kesher Communications Ltd) shall be paid by the Customer.
Kesher Communications Ltd will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Kesher Communications Ltd shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
Any users causing inappropriate cpu (central processor unit) usage or system load or affecting other users, will be immediately suspended and a fee of up to £450 will be payable to cover any expenses incurred by Kesher Communications Ltd.
Customer conduct: The customer is responsible to ensure they are not using any services provided in an abusive, malicious or illegal way. This includes but not limited to sending spam, making nuisance or unsolicited calls or creating artificial traffic for any reason. The Customer will be invoiced for any cost Kesher Communications Ltd incurs due to such activities by the customer. If The Customer has made a prepayment, no refund will be due and those funds will be lost. Kesher Communications Ltd will not tolerate bad language, verbal or threatening behaviour either via phone, email or any other form of communication Kesher Communications Ltd expects that their Customer service and support representatives act in a polite and courteous manor at all times although when faced with over demanding, threatening or abusive callers they are empowered to terminate calls and suspend a users account pending investigation. Kesher Communications Ltd reserves the right to determine what constitutes abuse of their staff or services.
It is the Customers responsibility to ensure all incoming numbers are tested when they are provisioned and also when any changes have been made to the call flow and/or setup of their account.
Although Kesher Communications Ltd platform is secure and regularly tested, it is currently not PCI DSS certified. If the Customer uses our call recording features, it is the customer's responsibility to ensure recordings are paused during the reading of card details.
Customers are responsible for the security and integrity of their own systems and network infrastructure.
Customers are required to keep their user details safe and secure and are responsible for security and integrity of their own local network and email addresses.
From time to time, Kesher Communications Ltd will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.
The Customer agrees to use all Kesher Communications Ltd Services and facilities, and any information obtained through or from Kesher Communications Ltd, at Customer's own risk. Customer acknowledges and understands that neither Kesher Communications Ltd, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Kesher Communications Ltd specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
Kesher Communications Ltd may provide an estimation on the number of successful concurrent calls that can be made through one internet connection. This estimation is not a guarantee as there may be technical limitations that we are not aware of which can cause the number of successful concurrent calls to be reduced.
Under no circumstances, including negligence, shall Kesher Communications Ltd, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Kesher Communications Ltd 's' records, programs or services.
Kesher Communications Ltd further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less
The Customer shall defend, indemnify, save and hold Kesher Communications Ltd harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Kesher Communications Ltd , its agents, its Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by Kesher Communications Ltd , at any time, unless The Customer has been a client for more than 30 days where Kesher Communications Ltd will provide 20 days' prior notice; (iii) by Kesher Communications Ltd in the event of non-payment by the Customer; and (iv) by Kesher Communications Ltd , at any time, without notice, if, in Kesher Communications Ltd ’s sole judgment, the Customer is in violation of any terms or conditions of Kesher Communications Ltd 's Usage Policy.
Additional Terms And Conditions
Kesher Communications Ltd reserves the right to amend these terms & conditions and the Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit Kesher Communications Ltd Web site to review the terms and conditions to make certain that the Customer is in full compliance therewith. If there is a substantial change to these terms & conditions which negatively affects the service provided, The customer will have 30 days in which they can exit their contract, provided that all due fees are paid in full.
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Kesher Communications Ltd shall be delivered to its address stated below or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing to Kesher Communications Ltd must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
This Agreement sets forth the entire agreement between Kesher Communications Ltd and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Kesher Communications Ltd's prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Kesher Communications Ltd's services.
Refund And RMA Policy
Equipment Returns Policy: If The Customer has changed their mind about any item ordered, and wish to return it, they can do so provided you inform us of your decision within 7 working days of receipt. The item must not be used and must be 'as new' when returned to us. Customers can complete a form by logging to their account on our website and, if we can’t resolve the problem with you directly, you will be issued with an RMA number. You then have 28 days to return the goods to the address you will be provided with. (Please do not return goods to our registered address, for security reasons this building cannot receive packages and they will be turned away.)
Once we have received the item, we'll issue a refund for the product. All equipment must be returned complete and in its original packaging and in an "as new condition" With the exception of goods delivered incorrectly or that are faulty on arrival, the cost of return carriage is your responsibility
Calling credit and Services: No refunds will be given on cancellation for pre-paid calling credits, or any of our monthly services.
Unused parts of monthly billed services are not refundable.
Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.
Please note that calls to Kesher Communications Ltd may be recorded to help us in dispute resolution and for training purposes.