KeyLink Terms and Conditions: Residential For services to Residential Homeowners
KENT KEYLINK LIMITED TERMS & CONDITIONS (‘the Agreement’)
Kent Keylink provide the keyholding service for residential home owners more particularly described in these terms and conditions (‘the Agreement.’)
Please read the Agreement carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by this Agreement.
You should print a copy of this Agreement for future reference.
The basis upon which any personal data is collected from you, or that you will provide to us, or that will be processed by us, will be in accordance with the Privacy Policy displayed on this Site.
INFORMATION ABOUT US
www.kentkeylink.co.uk is a site operated by Kent KeyLink (we). We are registered in England and Wales under company number 06210861 and with our registered office at 18-20 Canterbury Road, Whitstable, Kent CT5 4EY . Our main trading address is c/o Kent Police Headquarters, Sutton Road, Maidstone, Kent, ME15 9BZ. Our VAT number is 909-3382-13. We are a non-profit making organisation which works in association with Kent Police and police services throughout the UK.
1 Definitions
The following terms have the following meanings:
1.1 ‘Building’ means the Building in relation to which the Services are being provided.
1.2 ‘Contractor’ means a contractor who is not listed by the Customer as being a Preferred Contractor.
1.3 ‘Customer’ means the owner of the Building.
1.4 ‘ Fee’ means the annual fee paid on registration as quoted on our site from time to time.
1.5 ‘Police Service’ means Kent Police Service, of Sutton Road, Maidstone, Kent.
1.6 ‘Kent KeyLink’ means the company incorporated in England and Wales under the company number 6210861 who provide the Services and whose registered office is 18-20 Canterbury Road, Whitstable, Kent CT5 4EY
1.7 ‘Key Contact’ means the person(s) who is / are recorded on the register as key holders for the Building.
1.8 ‘Preferred Contractor’ means the individuals or businesses specified by the customer to deal with the stated problem following an Incident.
1.9 ‘Register’ means the key database maintained by Kent KeyLink and then passed on to the Police Service
1.10 ‘Registered Information’ means: 1.10.1 details of Key Contact
1.10.2 the Building details;
1.10.3 Preferred Contractor details:
1.10.4 details of security installations at the Building.
1.11 ‘Service(s)’ means the information holding service described on this Site to be provided by the Kent KeyLink under this Agreement.
2 Commencement and Duration
2.1 The Services provided under this Agreement shall be provided by Kent KeyLink to the Customer for a period of 12 months starting from the date that you receive an email or letter by post from us confirming that we will supply the Services to you. (Contract Confirmation.)
3 Service Availability
3.1 This Service is only intended for use by Customers who reside in Kent, England, and we do not supply Services for Buildings outside Kent, England.
4 Your Status
4.1 By placing an order through this Site you warrant that: 4.1.1 You are legally capable of entering into binding contracts
4.1.2 The Key Contact resides in Kent, England.
4.1.3 You have obtained the consent of the Key Contact to providing us
with their details for entry onto the Register.
4.1.4 The Building is located in Kent, England.
4.1.5 You are at least 18 years old.
4.1.6 You are authorised to hold a key to the Building.
5 Your Consumer Rights
5.1 If you are contracting as a consumer, you may cancel the Agreement at any time within seven working days, beginning on the day after you receive the Contract Confirmation. In this case, you will receive a full refund of the price paid for the Services.
5.2 To cancel the Agreement, you must inform us, Kent KeyLink in writing at (insert details.)
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Contract Confirmation. This provision does not affect your statutory rights.
6 Kent Keylink’s Obligations
6.1 We shall maintain the Register with the Registered Information and will update the Register with amendments and additional information supplied by you.
6.2 We may from time to time provide you with crime trend alerts as appropriate, and any relevant crime reductions advice .
6.3 In the event of an incident whereby the Building is damaged or made insecure (‘Incident’) the Register will be available to the Police Service who will use reasonable endeavours to use the Registered Information to: 6.3.1 contact the Key Contacts in the order in which they are listed on the Register;
6.3.2 if none of the Key Contacts can be contacted, the Police Service will contact the Preferred Contractors to carry out any work which the Police Service considers in it’s discretion to be necessary or desirable as a result of any such Incident;
6.3.3 if the relevant Preferred Contractor is not available, the Police Service will arrange to have any such work carried out by a Contractor.
6.3.4 Any instructions to Preferred Contractor or to other Contractors will be given on the Customers’ behalf and the Customer will pay the costs of the work that the Preferred Contractor or other Contractors carry out to the Building in accordance with their obligation in clause 7.2 below.
7 Your obligations as Customer
7.1 You will pay the Fee for the Services upon registration and when invoiced by Kent KeyLink annually in accordance with the terms of that invoice.
7.2 You will pay all sums due to the Preferred Contractors and Contractors engaged by the Police Service
7.3 You will indemnify the Police Service and Kent KeyLink against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us and/or the Police Service arising out of or in connection with any claim made against the Police Service by a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by the Customer, its employees, agents or subcontractors;
7.4 You will provide accurate Registered Information and will promptly inform Kent KeyLink of any changes to the same ( including without limitation, any change of address.) Such information should be sent to Kent KeyLink, (insert correspondence address)
7.5 You will supply a password of no more than 8 letters to Kent KeyLink Ltd upon registration, and will use this at all times when notifying any amendments
7.6 You will supply, if necessary, additional information including:
7.6.1 notification of hazardous substances kept on the Building;
7.6.2 other appropriate information concerning vulnerabilities and security at the Building and
7.6.3 any other relevant and appropriate information to record on the Register in respect of the Building for the better delivery of the Services.
8 Limitation of Liability:
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION 8.1 We warrant to you that any Services purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the Fee paid for the year when the breach occurred and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 This does not include or limit in any way our liability: 8.3.1 For death or personal injury caused by our negligence;
8.3.2 Under section 2(3) of the Consumer Protection Act 1987;
8.3.3 For fraud or fraudulent misrepresentation; or
8.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.5 The Service does not guarantee Police Service attendance at the Building at any time.
8.6 Kent KeyLink and the Police Service do not give any recommendation or endorsements of the Preferred Contractors or Contractors.
9 Termination 9.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other immediately on giving notice to the other if: 9.1.1 the other party commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified; or
9.1.2 the Customer moves to a location outside Kent and is therefore no longer within the control of the Police Service; or
9.1.3 an order is made or a resolution is passed for the winding up of Kent KeyLink, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
9.1.4 there is a change of control of Kent KeyLink (as defined in section 574 of the Capital Allowances Act 2001);
9.2 On termination of this agreement for any reason in this clause 9: 9.2.1 the Customer shall automatically be removed from the Register
9.2.2 the Customer shall not be entitled to any refund of the whole or any part of the annual charge.
10 Force Majeure
10.1 We shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving Kent KeyLink, the Police Service, or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
11 Variation 11.1 No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
12 Severence 12.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
12.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
12.3 The parties agree, in the circumstances referred to in clauses 12.1 and 12.2 to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
13 No Partnership or Agency 13.1 Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
14 Rights of third parties 14.1 This Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
15 Governing Law and Jurisdiction 15.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter. |
