Terms and Conditions
Terms and conditions
Keyline Associates Limited (hereinafter referred to as Keyline)
Terms and Conditions:
1.1 Connection will take place once all initial charges have been paid
1.2 Connection can only be to a landline number provided by British Telecom or other public carrier, within the UK or overseas
1.3 Connection may also be made to mobile phones, upon payment of any additional costs including security bonds, as may be requested by the supplier in respect of local area codes, free phone, local rate and international locator products and it is the the responsibility of the customer to ensure that there is adequate call prepayment available at all times. Keyline will not be held liable for any costs involved due to lack of sufficient funds on each individual account causing the service to be suspended.
1.4 Connection will generally occur within 2 working days of Keyline being given an instruction to connect and details of the landline to which connection is to be made. Keyline cannot be held responsible for any delays in connection that may occur as a result of non performance by the telephone carrier to whose switch the number is being connected, or from which the number has been sourced.
1.5 No advertising / promotions / signs or stationery production should take place until number allocation has been confirmed and actual connection in place. Any such activity that precedes this will be entirely at customer’s own risk.
2.1 Call Deposits are to be made in prepaid units of £20.
Number and Service Rental charges are to be prepaid annually in advance (as determined by the price schedule)
Payments to Keyline may be made by dialling the Keyline 24/7 Automated Credit & Debit Card Platform – Telepay – Automated Telephone Number Payment Platform on Tel : 0844 544 8756, by bank standing order or credit/debit card. Annual payments may also be made by cheque or bank transfer. Where a standing order is not in place (or where it should fail to be honoured) then payment may be taken by credit/debit card. Annual payments may be made by cheque, credit card or y bank transfer to Nat West Bank, Knutsford,Cheshire. Bank Code 60 12 30, Account Name : Keyline ,Account Number 45902828..
2.2 Payments not received within 30 days of becoming due will attract a late payment charge of £45
2.3 Should any payment remain unpaid for 45 days following date of becoming due the connection may be terminated without further notice.
2.4 Reconnection will then take place upon payment of all outstanding charges up until the date of termination plus a reconnection fee of £75.00 Should payment not be received within 30 days of disconnection then the number will be finally terminated and may be reallocated to another client without further notice. For the sake of clarity this is 75 days following due date.
2.5 Charges may be reviewed from time to time in line with inflation and/or prevailing costs.You will receive three (1) months notice of any such change.
3.1 Keyline reserve the right to apply a standard redirection charge In the event that you wish your number to be redirected so that it terminates to a different target number, each request may be charged at out at our standard rate but subject to any additional charges levied by the Network Operator concerned. Normally, redirection occurs as a result of moving to a different telephone exchange area. The standard redirection charge will be at £25 per redirect. For temporary diversion on a more or less regular basis, Keyline recommends that you set up call diversion with your landline/mobile supplier so that incoming calls will automatically divert to your mobile or other nominated landline.
- Loss of Service
4.1 Keyline accepts no responsibility for loss of service arising from matters outside its control.
4.2 Where a carrier or telecom number supplier goes into liquidation or otherwise loses its number range (for any reason whatsoever) then any claims against Keyline shall be limited to a refund of any advance line rentals paid from the date Keyline Associates was first notified that a liquidation or number loss had taken place. Any set-up fees, or one-off premium charges, associated with the connection of memorable numbers will not be refundable in these circumstances, nor can Keyline Associates Limited be held responsible for any indirect losses such as advertising costs, stationery reprinting, as a result of using a number that may have become defunct.
4.3 Keyline Associates will not be held responsible for any numbering changes, or consequential losses, arising from matters outside its control such as changes made at the instigation of Ofcom or other regulatory bodies.
4.4 If you do experience any problems with service Keyline will use its best endeavours to resolve these, including where necessary the sourcing of alternative numbers. You should report any such problems by calling Keyline UK Customer Services on Tel : 0870 124 0870 or by emailing email@example.com
- Ownership & Transfer of Numbers
5.1 Ultimate ownership of all UK telephone numbers rests with the Crown through Ofcom, the government agency charged with managing phone numbers. Upon payment of the appropriate fees Ofcom then licences blocks of numbers to DTI licensed telecom carriers, followed by their agents and/or resellers. To all intents and purposes these numbers are then owned by these carriers or their resellers
5.2 Keyline Associates Limited , as a reseller, controls all the numbers under its management and is neither a public carrier nor end user. You enjoy full use of your number(s) subject to the Terms and Conditions of this document, so long as the appropriate charges are paid, and the number(s) are not being used for illegal purposes.
5.3 You may, if you wish, sell or transfer usage rights to your number so long as all payments are up to date, and the party to whom the number is being transferred agrees to these Terms and Conditions. All transfers are subject to the approval of Keyline.
5.4 If at any stage you wish to port your number to another carrier subject to agreement with us as to the terms of porting. Such terms include inter alia, a lump sum payment equal to 4 years line rental, together with a usage charge equal to 3p per minute on all peak 01/02 0844 / 0845 traffic; 21p per minute on all peak 0700 traffic and 3p per minute on all 0871 traffic carried during the 12 months immediately prior to the transfer being requested.
- Connecting Telecom
6.1 In accepting service through Keyline Associates Limited you also agree to accept the standard Terms and Conditions of the particular carrier from which your chosen number was originally sourced, and through which it will be connected. Where this Agreement is deemed to be in conflict with the standard Terms and Conditions of the carrier referred to, then resolution shall be between Keyline Associates Limited and that carrier.
- Revenue Share
7.1 If your business is potentially a medium-high volume user of 0871 numbers then you may be offered a revenue share based on your generating agreed volumes of traffic. This will be noted on our order form which is sent to you at the time of your order.
7.2 Where a revenue share has been offered you are to place an annual request for traffic statistics within 6 months of each anniversary of your having become a client of Keyline Associates Limited so that your entitlement can be assessed.
7.3 Upon receipt of your request Keyline will then provide traffic statistics within 14 days and you are to then submit a VAT invoice for your revenue share which will be paid within 30 days unless otherwise determined.
7.4 No revenue share will be paid until the total amount owing is £200 or greater. Where the revenue share for a particular year is less than £200 it may be rolled over for one further year, but not more than one year.
7.5 Failure to submit a traffic/revenue statement within the 6 months time frame allowed for will not necessarily negate the claim, but under no circumstances will a revenue share be paid that goes back further than 2 years.
7.6 Where the revenue share to be paid is greater than one year, but less than the two years maximum allowed for, then payment shall be on such terms as Keyline determines.
8.1 Keyline Associates Limited invoices for Advance Rentals and Call Prepayments in relation to all Numbers and Services in monthly/quarterly ,six/twelve monthly cycles, the first cycle commencing from the date that the service is ordered. Customers may cancel their account at any time by giving written notice at least 30 days prior to the expiry of any given cycle. Notice may be given by mail, fax or email and customers are advised that they should check with Keyline following written advice of cancellation to confirm that it has been received. Keyline will then provide by email a written acknowledgment of cancellation which must be retained. If you do not receive this please request a duplicate.
8.2 Keyline Associates Limited assumes no responsibility for any cancellation not given in accordance with these procedures.
8.3 Cancellation will be effective from the end of the period during which notice has been received.
9.1 Notwithstanding payment of any rental or call deposit, if any number is not connected and targeted to an underlying destination within 30 days of the date of this Agreement, and subsequently generating at least 75% of any pre-agreed traffic levels associated with the service being provided (or 60 minutes of incoming calls per month where no prior agreement has been established) then Keyline Associates Limited reserves the right to terminate the connection upon reimbursement of any connection fee that may have been paid, less an administration charge equal to £50.00 or 50% of any such fees so paid, whichever is the greater. No refund will apply to any monthly/quarterly, six/twelve monthly leasing costs that may have been paid.
10.1 Any claim for damages, for whatever reason, shall be limited to such sum(s) as may have been paid to Keyline by the complaining party during the 30 days immediately prior to the action which supposedly gave rise to such claim. Neither Keyline Associates, nor the connecting telephone carrier shall be liable for consequential losses arising through failure of service, failure to provide service, or any cause whatsoever.
- Governing Law
11.1 These Terms and Conditions shall be governed and interpreted in accordance with English Law.
AUTOMATED CARD PAYMENT PLATFORM
Terms and Conditions of Use
Limitation of liability
Keyline Associates Limited shall provide the Card payment processing and any associated telephony services on the basis that we will use our reasonable endeavours to maintain and support those services.
Unless expressly stated otherwise the customer is entirely responsible for specifying, configuring and controlling the timing, destinations, and transfer of all telephony calls and payment processing requests handled by the service.
The customer is solely responsible for ensuring that any software that may be used by any of the services, such as an appropriate Web browser, Media Player and other programs that may be required for downloading and analysing any data, is appropriate and available on the customer’s equipment.
Customers and resellers are required to provide genuine contact details including valid e-mail address, phone number, registered and billing addresses. Not doing so may prevent us providing support and some features of the services.
Customer accounts, whether payment processing or telephony services, are set to either of pre-pay by credit card or post pay by invoice and, whilst calls using the associated numbers or features may accept, or deliver, calls to some destinations free of charge, calls to more expensive destinations will require a suitable amount of credit to be available on the account. Should either provide an inadequate amount to cover the incurred charges then it is likely that the services will cease to function until that is changed and it is the responsibility of the customer to ensure a suitable amount of credit is available at all times.
Our obligations under the agreement
Our obligations are only to exercise all reasonable skill and care expected of a competent service provider.
We recognise our particular responsibilty for storing and handling cardholder data on behalf of our customers and, in creating this high level of security, they can retain significant confidence in our capabilities.
Data protection Act
Keyline Associates Limited are obliged to provide the regulatory bodies of Ofcom and PhonePayPlus together with certain Investigatory Authorities with information about resellers and customers, their companies and individual directors, including personal addresses and contact details, if requested to do so, and have registered to that effect under the terms of The Data Protection Act 1998. The information provided might also include call and transaction data, volumes and revenues but essentially that which may be required and is relevant to any investigation or complaint.
Information will not be provided to anyone not legally entitled to obtain or see it.
Keyline Associates Limited are not liable to you in any respect including any liability for negligence, breach of statutory duty or for any loss of revenue, business, contracts or profits, nor for any loss of value of equipment or for any consequential loss however arising.
All resellers and customers are required to ensure their compliance with all relevant rules and codes of practice of PCI Standards, Card scheme requirements, Ofcom, PhonePayPlus and any relevant preference services when utilising any services provided by us.
In particular the use of “Personal telephony numbers” must be strictly in accordance with the Ofcom regulations or the associated service will be immediately ceased without any obligation to you for having done so.
Any breach by resellers or customers of the relevant rules or codes of practice must be remedied immediately upon being notified of that breach.
Any breach that results in a penalty, fine or administration charge being levied on Keyline Associates Limited and those in breach will be responsible for reimbursing Keyline Associates Limited the full amount of those sums of money within seven days of notification in writing.
Keyline Associates Limited will not be liable for any delay in performing our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control including, without limitation, deficient performance or availability of the Internet, web pages, power or any telephony services.
Keyline associates Limited undertakes to remedy the fault with any equipment and software required for this service within a reasonable period of notification of failure. The systems in use are highly resilient and offer alternative options for continuity of business and these will be employed if appropriate.
It may be necessary, from time to time, to install updates to the software and hardware that comprise the services being provided. Whilst we will endeavour to provide a reasonable period of notice that may not always be possible, especially where security of the data and systems would other wise be at increased risk.
Enhancements and developments
Keyline Associates Ltd will change the software and hardware from time to time to ensure, so far as it is reasonably able, that it is the most practical and commercially suitable for the services provided at any time. This may be done without prior notification and we will endeavour to maintain the continuity of the services being provided during that process.
All payments for these account-based services provided will be made in advance using the credit card processing feature included for each customer. Any failure, for whatever reason, to maintain the pre-pay account in credit will result in an automatic refusal to provide any charitable services. This service may be automatically resumed once a payment is made and accepted as a valid transaction leaving no arrears of monies owed.
It is a condition of use that any payment made by credit card is valid for a maximum of six months from the date on which it is made. If it remains unused after this time it may not be reclaimed. Refunds of remaining balances may be made within the six months at the specific request of the customer or reseller. The amount refunded, if any, will be a maximum of the balance remaining on account at the date and time of the refund less an administration fee (currently £15)
The balance held on account is recorded real-time in the customer account on our web site. The balance at any point in time will be displayed to the customer when accessing the service.
Monthly fees, or other recurring charges, when applicable, will be deducted from the balance remaining on the account on a daily basis. The full value of any set-up fees plus an amount anticipated to cover a month of expenditure must be paid in advance as a condition of registering for the service. Rental charges are calculated at a daily rate and deducted from account balances each day. Any account suspension will NOT cease the applicable rental and the customer will be required to pay any accrued amount during that period of suspension together wil all other applicable charges.
Customers utilising this type of account will be those who have a prior agreement with us to do so. Unless an alternative basis of payment has been agreed it is a requirement that all invoices are paid immediately following receipt and certainly within five working days of the invoice date unless we have agreed an alternative that specifies a longer period for settlement. In any case payment will be deemed to be late if not paid within six weeks after the invoice date.
Keyline Associates Limited are not liable to you for any loss of revenue resulting from the failure of any supplier to pay monies accrued when using those services and when withheld as a result of any actual or suspected breach by you of the requirements of PCI compliance and the card scheme rules, Ofcom, PhonePayPlus or any preference service. As described in “Liabilities” above: You are responsible for the payment to us of any fines, or penalties, by those organisations that result from your failure to comply with those requirements
Accounts, once activated, will be available for the use of the customer until such time as they have been unused for a period in excess of six calendar months. After this time they will be suspended automatically. Any telephony numbers that may have been used will be stripped from those services and may not be reclaimed or reused by the customer. Any sums of money remaining on account after this period may not be reclaimed.
Credit Card Chargebacks
Should any client or customer initiate a credit card chargeback for any payment processed then that customer will have their account suspended without notice and the account will not be reactivated until the issue has been resolved to the satisfaction of Keyline Associates Limited. A charge will be applied to the customer account which is intended to cover any costs incurred by Keyline Associates Limited from the acquiring banks plus a reasonable administration charge. Currently that administration charge is not less than £45 per chargeback.
Credit card chargebacks attempted after 6 months from the date on which the payment was made will be refused regardless of the reason
Payment Processing and Telephony tariffs
Applicable tariffs will be available to view in the customer account on our web sites. All tariffs exclude VAT but this is included when calculating the amount due from pre-pay account balances and is added as a charge in each call log for those account types. Please note that VAT invoices will not be raised in respect of such payments but a receipt should be sent by e-mail to a valid address
We reserve the right to change any or all of the charges at any time to accommodate the changing costs for the provision of the different services. Card processing tariff changes will normally be agreed in advance but those in use on telephony services may be varied without notice. Customers should review those tariffs periodically to make themselves aware of any changes that may have been made.
Tariffs will be constructed in Sterling currency values but where card processing is done in other currencies a conversion factor will be applied during the transaction process that is designed to reflect an appropriate change to the Sterling credit limit on each account. However that value is for guidance only because the final conversion factor will be applied to each account on a month end basis and the credit balance adjusted accordingly.
Telephony tariffs will be available only in telephony service customer accounts and not in any Keyline.com accounts which are in a separate web site. Customers using these types of service will have been granted access to customer accounts on the appropriate alternative web sites. Credit balances on these accounts have no relationship with any on the Keyline.com site.
Provision of associated telephone numbers
The associated telephony services being provided will be based on the issue of geographic, national rate and freephone telephone numbers for all inbound calls into the services provided. No other number types will be used without the written and signed agreement of Keyline Associates Limited.
Numbers will be issued on creation of the service and may be used directly or indirectly in the provision of services.
Keyline Associates Limited are unlikely to agree to the use of any high value “09” type premium rate services due to the high risk nature of such provision. More likely would be agreement to use any that are of the “08” type being principally low value call charges and would be applicable to lower risk services.
The use of any premium rate and personal numbers are subject to the rules and codes of practice as issued by Ofcom and PhonePayPlus from time to time. (See the “Liability” clause above) Any promotional material used in respect of these services must meet the requirements of the regulatory organisations. Any suspected or actual breach of the rules may result in suspension or cessation of the service at the discretion of Keyline Associates Ltd. The full cost of any penalties incurred will be passed on to the reseller and or customer as appropriate and it is a contractual obligation to pay this amount within seven working days of receipt of written confirmation of the amount.
Any promotional material used in respect of any premium rate services must be provided to Keyline Associates Limited on demand and continued use of the services is conditional upon both compliance with the PhonePayPlus code of practice and satisfying BCH(Bristol)Ltd of the compliance and integrity of the services.
Anyone providing services requiring the prior permission of PhonePayPlus must ensure that this is obtained before any use is made of the associated services.
If we agree to the transfer or porting of any of our telephone numbers to other telephony service providers an administration charge of £100 per number will be applied and must be paid prior to transfer. It is a further condition that numbers are returned to us free of charge when they are no longer required by you. Any graded numbers that incurred a rental in respect of their use will continue to be subject to that rental charge irrespective of whether or not that number is transferred or ported to another service provider.
Copies of the recordings of calls that have been recorded as part of our service functionality are backed up periodically and should normally be available from the backup discs that are retained for a maximum of five years, providing they were not deleted at any stage prior to that copy being made and the customer has specifically arranged for their retention. Whilst as a service provider we use our best endeavours to ensure compliance with our service level agreements we cannot be held responsible for failing to record or copy such calls.
Please note that where the customer has a specific arrangement with us that recordings of calls are not to be retained on our systems then those call recordings will have been irrevocably erased prior to service backup copies being made.
If copies of recordings are required from the backup discs then we will endeavour to obtain those for a fee to be agreed at the time of the request.
Keyline provides a method of card processing which is compliant with PCI rules in that the card details are entered by the cardholder using DTMF tones when using our associated phone services and are not disclosed to any third party. Any call recording taking place during this process is suspended during DTMF entry and resumed afterwards.
The customer undertakes to:
- Safeguard and keep confidential any Username and password allocated to them by Keyline Associates Limited.
- Any password changes effected must be of sufficient complexity as not to be guessable
- Ensure that all connected equipment has a current anti-malware program installed and that it is up to date and active.
- Ensure that they do not store, copy or transmit any sensitive cardholder data in an unencrypted form.
- Take all reasonable steps to protect the confidential information and intellectual property rights of Keyline Associates Limited and third party facilitators.
- Not use the service for any illicit or immoral purpose
Payment Processing Services
Keyline Associates Ltd provides payment processing services on the basis that customers have their own merchant facilities that are appropriate for the intended use and are with one of the recognised acquiring UK banks. Merchant accounts held in certain banks in Eire may also be capable of being used with our services.
All charges to be applied are subject to agreement and will be defined by our tariffs.
Equipment and Intellectual property rights
Ownership of all the equipment and software installed at the time of implementation and subsequently developed and installed at any time thereafter remains the sole property of Keyline Associates Limited and no rights will be deemed to have passed, nor will they be assigned, to any other party at any time.
These Terms and Conditions shall be governed and interpreted in accordance with English Law.