Kijoma T&C's and AUP

A:
1 : These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP) which may be subject to change from time to time. It is the subscribers’ responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.

The following terms and conditions apply to the services (‘Services’) which we supply to you.
Please read these terms carefully.

We are Kijoma Solutions Limited (‘Kijoma’, ‘Kijoma Broadband’ or ‘we’) a company incorporated in England and Wales with company registration number 3980863 and VAT number 754983384.

Registered address :
Unit 2B Wabblegate Farm
Blackgate Lane
Pulborough
West Sussex
RH20 1DF

If we need to contact you we will do so by telephone, or by writing to you at the email address or postal address you provided to us. We may send customer service announcements to you by email or SMS text message. Please ensure that you tell us immediately if any of your contact details change.

Our Customer Care & Accounts Team are available from 9:00am to 5:00pm Monday to Friday.

A PDF copy of these Terms and our Complaints policy are available on request and are also online at :-

http://www.kijoma.net/ , click on “Contact us” .

We specialise in the provision of Broadband Internet and Digital Telephone services as part of the Kijoma Solutions Group.

In purchasing services from Kijoma, the client is contracting with Kijoma Broadband. The Terms and Conditions described herein are applicable to all relevant services supplied through Kijoma and any of its subsidiaries.

We have adopted a philosophy that assumes the honesty and good intent of subscribers. Services are provided in an unrestricted manner in order to allow subscribers to have the richest Internet experience possible.

2 : Service specifications

2.1 Kijoma shall provide the Service in accordance with the service description within the Customer’s order, subject to the limitations set out in this Agreement and in Kijoma’s AUP and Privacy Policy.

2.2 Service Credits and Service Level Guarantees are only provided where a separate ‘Service Level Agreement’ has been entered into and the Terms and Conditions of those services will be documented there.

2.3 Kijoma reserves the right to modify the service description in order to improve the quality or effectiveness of the Service without the prior agreement of the Customer. Kijoma will endeavour to notify the Customer of any changes at least 30 days in advance where possible.

2.4 The Customer acknowledges that the Wireless services provided by Kijoma are contended. In order to ensure the best possible experience for all our customers, Kijoma reserves the right to manage any traffic routed across the Kijoma Wireless network and the Customer acknowledges that Kijoma may manage the traffic of specific users without prior notice.

2.5 Kijoma may modify its AUP and Privacy Policy without the further agreement of the Customer so as to ensure that they comply with all relevant legislation or regulatory guidance and/or to bring them into line with common industry practice.

3 : Service Charges and Payment

3.1 The Customer agrees to pay Kijoma charges as specified by the chosen tariff or service as agreed within the Customer’s order.

3.2 Kijoma reserves the right to modify its charges (including any charges for maintenance and support services) for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement, whichever is the greater.

3.3 For limited usage services, our usage statistics are the full and final statement for billing purposes.

3.4 Customer accounts in arrears will receive regular reminders, if we are unable to resolve this then we will advise of service restrictions and if we receive no response to this then the service will be restricted until contact is made.

3.5 If after the period set out under our right to terminate service we receive no resolution offer from the Customer we will then cease the service supplied. At this point we reserve the right to charge a reconnection fee if the arrears are satisfied after this date.

3.6 Payment for services must be received by Kijoma within the quoted period by the date stated on the invoice. Kijoma may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 8 per cent above the current Bank of England Base Rate.

3.7 All sums due to Kijoma under any Order are exclusive of Value Added Tax (‘VAT’) unless clearly stated as ‘inclusive’ or ‘inc’, and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be
charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.

3.8 Arrears that remain unpaid and where the Customer has either signalled they will not be paying or decline to respond to our communication after the service is suspended will be passed to third party collection services as advised in our final communication to them.

4 : Duties and Responsibilities

4.1 The Customer agrees to pay in accordance with Kijoma's current rates for maintenance and other service activities relating to the Service.

4.2 The Customer agrees to pay for loss or damage to equipment and software provided for use of the Service which is caused by the customer's negligent acts or omissions.

4.3 The service will be furnished to the Customer subject to the condition that it will not, nor will it permit others to use the Service other than in accordance with Kijoma’s AUP and/or to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of Kijoma or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.

4.4 The Customer will indemnify and save Kijoma harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the negligent acts or omissions of the customer or other user of the Customer’s service which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions brought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or reenactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by the Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by Kijoma.

4.5 The Customer will be responsible for the content of any transmission over the Service and the connection of any non Kijoma supplied equipment to the Service.

4.6 The Customer shall use its best endeavours to protect and keep confidential all Kijoma software used by it and shall make no attempt to examine, copy, alter, ‘reverse engineer’, decompile, discover the source code to, tamper with, or otherwise misuse such software.

4.7 The Customer's right to use the Service is personal to the Customer and its authorised users, non-exclusive and non transferable.

The Customer is not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in Kijoma software. This Agreement does not grant the Customer any right to any Kijoma software or hardware except the limited right to use set out in this sub clause.

4.8 The Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service.

4.9 The Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the service. The Customer agrees to permit reasonable access to Kijoma employees, agents or contractors onto its premises whenever necessary for purposes of installation or maintenance of Kijoma supplied equipment necessary to provide the service.

4.10 Save as indicated below in 4.11 Kijoma shall not be responsible for the installation of equipment necessary to provide the service or for any cabling.
4.11 Kijoma shall be responsible only for the installation of their client radio equipment and a connection to a single PC or Kijoma provided Router and will not be responsible for other third party residential or business equipment.

5 : Kijoma’s right to suspend the Service

5.1 Kijoma reserves the right to suspend all or part of the service provided to the Customer if it becomes aware of any actual or potential breach of its AUP by Customer or other user of the Customer’s Service. If the Customer fails to remedy any breach within 10 days after written notice then Kijoma reserve the right to
terminate this agreement in accordance with the provisions in clause 8.4.

5.2 Kijoma reserves the right to suspend all or part of the Service if the provision of the Service might expose Kijoma to criminal or civil liability of any kind.

5.3 Kijoma shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service, it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal or civil liability of any kind and/or its AUP is fully complied with.

5.4 Kijoma reserves the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions and such service will only be resumed, and then entirely at Kijoma’s discretion, if all monies outstanding have been received by Kijoma. Further, this clause shall be without prejudice to Kijoma’s right to terminate in any event the agreement in accordance with clause 8.4

5.5 During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer’s Order.

5.6 Customer equipment provided by Kijoma for access to the service remains the property of Kijoma and the Customer agrees to return / make available equipment at the termination of the service. Failure to return equipment will result in Kijoma invoicing the Customer for the replacement cost of the equipment plus our costs.

6 : Warranties / Liabilities

6.1 Kijoma’s sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Kijoma, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 1,000 pounds in the aggregate under this Agreement.

6.2 Kijoma will not be held responsible for any delay in or failure of the Service due to any occurrence beyond Kijoma’s control.

6.3 Kijoma gives no warranties and accepts no responsibility in relation to the information of third parties accessed by the Customer by means of use of the Service.

6.4 Nothing in this Agreement shall be construed as to limit or exclude either party’s liabilities in respect of death or personal injuries, or any inalienable statutory consumer rights of the Customer.

6.5 To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent dis-applied.

6.6 KIJOMA WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

6.7 KIJOMA MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE FITNESS, PURPOSE OR QUALITY OF THE SERVICE.

7 : Cancellation before commencement

7.1 Once performance of this Agreement has commenced the Customer may not cancel this Agreement (although the Customer may terminate the Agreement in accordance with the terms set out below).

7.2 Prior to Kijoma commencing performance of this Agreement, the Customer may cancel this Agreement by informing Kijoma of its intention to cancel within 14 days of the day after it entered into this Agreement with Kijoma. The Customer may inform Kijoma using any of the methods set out in Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000, but is advised to communicate either by post or e-mail as set out in Clause 10.1 of this Agreement.

8 : Term and Termination

8.1 Once performance has commenced, this Agreement shall continue until terminated by either Party in accordance with the terms.
8.2 You have a right to cancel this Agreement within fourteen (14) days of the date on which it is entered into (the ‘Cooling Off Period’) by calling our Accounts Team or providing written notice to us in accordance with our "Communications" section.
Your 14 Day Cooling Off Period starts the moment you receive your order confirmation for service and ends 14 Days after. If this Agreement is cancelled by you during the Cooling Off Period, this Agreement will be treated as if it had not been made.
However, please be aware that you will lose your right to cancel under this clause and the Consumer Contracts (Distance Selling) Regulations 2014 where Kijoma Broadband are carrying out urgent repairs or maintenance to the network during the Cooling Off Period. The right of cancellation under this clause does not affect your statutory rights.
Please be aware you will also lose your right to cancel this Agreement if you allow us to commence installation of the Equipment (or any other aspect of the Services) before the end of the cooling off period. If you cancel this Agreement during the Cooling Off Period before the date on which you receive the order confirmation email from us, you will not be responsible for any Charges under this Agreement and any payments already made will be refunded. If you have already received a confirmation email from us, you will be responsible for any Charges under this Agreement up until the agreed cancellation date. Any payments already made that may exceed the cooling off period will be refunded.
Once the right to cancel has been lost or expired, then the Contract will remain in force, and you will remain liable to pay our Charges, for at least the minimum contract term.
After the minimum term has come to an end, this contract will change to a ‘rolling 30 days' contract’, where 30 days written notice is required upon cancellation request.
For more details of your statutory rights, please contact your local Citizens Advice Bureau.

8.3 Kijoma shall not be required to give notice of the beginning of its performance hereunder.
Kijoma reserves the right to disconnect the Service if the customer does not fulfil its obligations under this Agreement.

8.4 In the event of default which includes, failure by the Customer to pay any amounts, failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after given notice, if an interim order is made, a voluntary arrangement approved, if a petition for a bankruptcy order is presented, a bankruptcy order is made by either Party, a voluntary arrangement is approved, an administration order is made, a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation) or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due both up to the time of such termination and for all sums due for the remainder of the minimum contract period.

If You Move Premises

8.5 If the Customer is outside the fixed contract term then we require 30 days notice of cancellation. If the Customer wishes to move the service to new premises then once Kijoma is informed we will arrange to confirm if the service can be transferred, if so we will transfer it for them. If unable then we will close the account as requested. If within a fixed term period and Kijoma confirm availability at the new premises and the Customer declines then early termination fees will be applied before the account can be closed.

9 : Privacy Policy

9.1 Kijoma shall deal with all personal data relating to the Customer which it acquires when entering into and performing this agreement in accordance with its Privacy Policy and within the current Data Protection Act legislation.

9.2 Kijoma will only hold essential information such as the Customer address, contact details and any technical/security information required to enable us to identify and maintain the account and service.

9.3 Kijoma will provide any such data held as requested formally by the Customer.

10 : General

10.1 All notices (save where otherwise provided in this Agreement or in applicable legislation) from either party to the other shall be sent by first class prepaid post or by email. Kijoma shall send all notices to the Customer’s billing address or to the e-mail account notified to it by the Customer.
The Customer shall send all notices to Kijoma’s address or email address, as set out in section 1 of this agreement.

10.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Kijoma. The Customer authorises Kijoma to assign or transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UK as necessary to enable Kijoma to provide the Service.

10.3 No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen, unless otherwise provided by legislation.

10.4 Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered, or modified, except by document in writing signed by authorised representatives of Kijoma and the Customer. No agent, employee or representative of Kijoma or the Customer has any authority to bind Kijoma or the Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.

10.5 The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
10.6 This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts.

10.7 If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.

10.8 We are continually reviewing our Terms and Conditions in line with the services we provide to our customers. Should you have any comments to make concerning the contents, please contact us as per section 1.

11 : Digital Telephone line availability

11.1 Kijoma has provided digital telephone lines for many years and these have numerous benefits over the old copper line telephone services.
There is no requirement for wires across poles or in underground ducts for this service and as such is very resilient, especially in rural areas where old copper lines are very long and prone to tree/storm damage.
However, as with all systems, if there is a service failure on the Kijoma network then the telephone service will fail to operate for the duration of that failure.


11.2 If the Customer had used a basic wired telephone prior to taking up the Kijoma Digital service then they would have had a telephone service which would continue to operate during a power cut.
Digital Telephone services, as now being rolled out by all Providers are different in that they require a means of power locally to ensure they continue to function.

11.3 Kijoma offers power backup solutions to ensure a run time of over an hour, scalable to many hours if required. See section 12 for further details.


12 : Service availability during electricity supply failure.


Kijoma’s network and systems


12.1 Kijoma’s Infrastructure has varying levels of backup power to keep our systems running in the event of power loss. The duration of this can vary from typically 4 hours to 2+ days, depending on location.
Kijoma advises the Customer of the expected backup period available to a service when they sign up and also if the Customer requests this at a later time.


Customer equipment


12.2 Kijoma offers a power backup solution to customers which will provide in excess of 1 hour (typically 3 hours) of service for Internet, WiFi? and Digital Telephone services when using Kijoma supplied equipment.

This backup system will also work with cordless telephones.


12.3 If the Customer requires a longer or more complex backup solution then we can advise on this too.


12.4 This solution is either provided at the customer's cost, by Kijoma or we provide free advice to the Customer to procure and fit their own.


12.5 Kijoma also ensures a risk assessment of the Customer situation at the point of installation to ascertain if the Customer has alternative means of communication such as a mobile telephone with a usable signal as well as identifying any support systems in place such as panic / fall alarms and monitoring systems.


12.6 If Kijoma determines the Customer is at risk of being unable to make contact with emergency services during a power cut then we will as standard fit a battery backup solution with at least 1 hour, but usually up to 3 hours, at no cost to the Customer, usually in the form of a UPS which powers the Kijoma equipment and any third party monitoring systems respectively.


12.7 At-risk customer backup systems supplied by Kijoma are also maintained by Kijoma without charge.


12.8 This backup solution has no restrictions, i.e. it will keep the service provided running without limitations except a finite run time, including Telephone, Internet and WiFi? as applicable.



Introduction

We have created this Acceptable Use Policy (AUP) to protect our resources and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that as an Internet Service Provider (ISP), we comply with all relevant UK laws.

This AUP must be read in conjunction with our Terms and Conditions.

Kijoma Solutions Ltd (Kijoma) specialises in the provision of Broadband Internet and digital telephone Services through the brand ‘Kijoma Broadband’ .
It is the responsibility of all users of the Kijoma network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of Kijoma. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, Kijoma reserves the right to terminate all or part of any service with immediate effect, without recompense and delete any customer files held on our servers.
If you have any questions about any of our policies, please contact Customer Care or Accounts as detailed in Section 1 of the Terms and conditions.

Compliance with UK Law and Liabilities

By using our services, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the Kijoma network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorised behaviour is detected, including abnormally heavy consumption of bandwidth, Kijoma reserves the right to permanently disconnect the offending device.

Examples of Illegal Uses

The following are representative examples only and do not comprise a comprehensive list of illegal uses:

Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
The transfer of technology, software, or other materials in violation of applicable export laws and regulations.

Export Control Violations
Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
Uttering threats, distribution of pornographic materials to minors and Child pornography.

Examples of Unacceptable Uses

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses :

High bandwidth media sharing with peer-to-peer programs (i.e.torrents)
Obscene or indecent speech or materials
Defamatory or abusive language
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Facilitating a Violation of these Terms of Use
Hacking, distribution of Internet viruses, Trojan horses, or other destructive activities.
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Seeking information on passwords or data belonging to another user.
Making unauthorised copies of proprietary software, or offering unauthorised copies of proprietary software to others.
Intercepting or examining the content of messages, files or communications in transit on a data network.

By using our internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the Kijoma are NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the Kijoma network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorised behaviour is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.