| This page was last updated on 3rd May 2010
Terms for Kesher Communications SMS services can be found at http://www.textover.com/terms.asp
General Terms
1. Any client requesting services from Kesher Communications Ltd agrees to be bound to these terms.
2. From time to time, Kesher Communications Ltd may update these terms and conditions.
3. In the event that Kesher Communications Ltd updates these terms and conditions, they will take effect in the following way:-
a. Services that are billed monthly - new terms and conditions will take effect from the next billing date.
b. Services that are billed as a one-off invoice - new terms and conditions will take effect from the next project or maintenance request.
4. If the Customer is bound by a minimum term contract and a change in the terms and conditions causes a significant change in the service the Customer is receiving, they will have 14 days to cancel the agreement in full. After 14 days, the new terms and conditions will apply and the original minimum term will still stand.
5. From time to time, Kesher Communications Ltd may choose to override this contract as a gesture of goodwill. This contract will remain in place regardless of any gestures of goodwill and Kesher Communications Ltd will have no obligation to duplicate any previous gestures of goodwill.
6. All quotes / prices / agreements are in UK Pound Sterling and will not be affected by changes in currency exchange rates. This means that non-UK companies may have to pay more (or less) for services in the event that the exchange rates change.
Terms for Support Services These terms and conditions are associated with any work Kesher Communications Ltd carries out for a client who does not have a valid maintenance contract.
1. Unless specified, any quotation does not include parts.
2. Unless otherwise stated, labour is not included in any manufacturer warranty unless provided directly by the manufacturer.
3. No written or verbal statement can override these terms and conditions except for a valid maintenance contract.
Payments
4. All invoices are payable on receipt.
5.
In the event that any invoices are overdue, no warranty repairs will be provided. This applies whether the repair is required because of an equipment fault, or a fault caused by Kesher Communications Ltd.
The Client's Responsibilities
6.
The Client is responsible for taking backups of all data before Kesher Communications Ltd carries out any maintenance.
7. The Client must ensure that no member of staff, nor a third party, makes any alternations or repairs to a service installed or maintained by Kesher Communications Ltd. Additional fees will be charged when a repair needs to be carried out on a system or service which have been damaged by any persons other than those employed by Kesher Communications Ltd. I.e. If a member of the client's staff makes any alterations to any system and causes a fault, the repair will be chargeable.
Limited Liability
8. The Client will not hold Kesher Communications Ltd responsible for any injury or loss of life.
9. The Client agrees that the maximum liability that Kesher Communications Ltd can be held responsible for will be limited to any amounts paid for that specific job.
10. Kesher Communications Ltd provides no guarantees for time frames of repairs or projects.
Terms for Telephony Services
These terms and conditions cover any telecommunications service that Kesher Communications Ltd provides.
1.
Price and availability information is subject to change without notice.
2. Emergency calls (999 or 112) are available with the Kesher Communications Ltd service only once customers have registered a mainland UK address, excluding users located in the Isle of Man or Channel Islands.
3. Voicemail messages can be stored for a maximum of 14 days. In addition, a maximum of 500MB of storage is provided for voicemail messages per mailbox. In the event that a message is older than 14 days, or the mailbox is full, these messages will be automatically deleted. In the event of a server failure, Kesher Communications Ltd will not be held responsible for any lost voicemail messages.
4. Any services which are offered for free may be withdrawn at any time.
Minimum Term
5.
A minimum contract period is applicable to all subscription services. The minimum contract term is the minimum period for which the customer must remain on and is liable for payment of their telecommunications service from the time it is activated.
6.
Unless otherwise stated the minimum contract period is 12 (twelve) months.
7.
After the minimum contract period subscribers may terminate their subscription with one month's notice.
8.
In the event that the contract is subject to distance selling regulation, where service starts within 7 days of purchase, rights of cancellation will end upon commencement of service.
Billing
9. The subscription fee will be issued monthly. It is your responsibility to ensure your payment details are accurate and up-to-date to ensure we receive payment on the due date. Kesher Communications Ltd reserves the right to suspend and/ or cancel your subscription if payment is not received. In the event that the customer would like to restore his subscription, a reconnection fee may be payable, in addition to all overdue invoices.
10. Kesher Communications Ltd may suspend and / or disconnect your Services at its discretion. We will normally inform you before we suspend or terminate your access to the Service.
11. Incoming numbers which have not received a successful call lasting at least 60 seconds within the last 6 months may be disabled. Although we will try to recover a disabled number upon request, disabled numbers can be passed on to another client and therefore, there is no guarantee that a disabled number can be recovered.
12. Kesher Communications Ltd has the right to close/block Kesher Communications Ltd accounts that we suspect to be fraudulent and proof of identification maybe requested to verify users.
13. The Client agrees to any and all terms that Kesher Communications Ltd are required to agree to by law. This includes but not limited to; sharing call and user information with any legal or government body.
Limited Liability
14. This liability section applies only to the extent permitted by law.
15. User agrees to indemnify, defend and hold Kesher Communications Ltd, its affiliates, directors, officers, employees, agents and licensors harmless from and against any and all claims, actions, expenses, losses, and liabilities (including courts costs and reasonable attorneys' fees), arising from or relating to this agreement including user's access to and use of the telecommunications service to the maximum extent permitted by applicable law, in no event shall Kesher Communications Ltd or any of its licensors, be liable for any indirect, special, punitive, exemplary, or consequential damages, arising out of the access to or use of or inability to access or use the telecommunications service, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in transmission or operation or any failure of performance, even if advised of the possibility of such damages.
16. The Kesher Communications Ltd telephony service is not intended as a substitute of the PSTN telephony service. Kesher Communications Ltd registered users must ensure a PSTN telephony line is available at the location from which they use the service.
17. The Kesher Communications Ltd telephony service is provided over data connections. Therefore, the client needs to take into account that in the event the data connection is not available or there is a power shortage, the client may not be able to make or receive calls including calls to the emergency services.
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