Community chest

1) The Community Chest scheme

1.1) The title of the scheme is the KCOM Community Chest Scheme (“the Community Chest Scheme”).

1.2) The Community Chest Scheme is open to all Community Organisations located in the Qualifying Area.

1.3) The Community Chest Scheme will run from Wednesday 19th August (the "Opening Date") until We give notice that the Community Chest Scheme shall be closed.

1.4) To enter the Community Chest Scheme a representative of the Community Organisation must complete the entry form, which can be found on www.kcomhome.com/communitychest , providing the name of the Community Organisation, Your name as the representative, phone number and address. The terms and conditions below set out the basis on which We will allow the Community Organisation to participate in the Community Chest Scheme. You must read these Terms carefully and if You wish to proceed confirm acceptance of these Terms by submitting details to be entered into the Community Chest Scheme,

1.5) Following Our receipt of the completed entry form We will notify You when the Community Organisation has been enrolled in the Community Chest Scheme. Once We have provided this notification the Community Organisation may inform any potential new customers of their involvement in the Community Chest Scheme so that any new customers may reference the Community Organisation such that they can start receiving Referral Rewards in accordance with these Terms .

1.6) The Community Organisations membership in the Community Chest Scheme will be active for a period two (2) months from the date on which We notify You that the Community Organisation is enrolled in the Community Chest Scheme. Once the Community Organisation’s membership has terminated they shall not be entitled to receive any further Referral Rewards.

1.7) No party (including but not limited to, You, the Community Organisation or any individual associated with the Community Organisation) has authority to negotiate or conclude any contracts on Our behalf, nor make any promises, representations or warranties regarding the Services, the charges relating to the Services or otherwise to new customers.

1.8) We will email You or such other representative of the Community Organisation as you may notify us of, every two weeks and will detail the total number of new customers that have referenced the Community Organisation during a Successful Registration and the amount of Referral Rewards owing.

1.9) Where the Community Organisation or any representative of the Community Organisation wishes to email new customers to promote and refer KCOM products to such contact shall comply at all times with the terms of Our Acceptable Use Policy and no party shall send bulk email or SPAM to such potential new customers.

1.10) If you wish to contact any potential new customers in connection with the Community Chest Scheme, the necessary consents must be obtained from such potential new customers. The Community Organisation warrants to comply at all times with the provisions of the Data Protection Laws.

1.11) The Community Organisation will keep Us fully and effectively indemnified against all actions or proceedings including all associated costs charges and expenses that may be brought or made against Us by any persons as a result of a breach of this clause 1.

2) Eligibility

2.1) In submitting your details to the Community Chest Scheme, you confirm that you are eligible to do so and eligible to claim the Referral Reward. We may require you to provide proof that you are eligible to enter.

2.2) Each Community Organisation may only apply for the Community Chest Scheme on one occasion.

3) Referral reward

3.1) Once a minimum of three new customers have referenced the Community Organisation during their Successful Registration a Referral Reward of £50 per new customer who contracts for our Services will become due and owing to the Community Organisation and shall be paid out in accordance with this clause 3.

3.2) The Referral Rewards owing in accordance with clause 3.1 will be paid to the Community Organisation (less any deductions that We may be entitled to make, in accordance with these Terms) at the end of the two month period in which registration is active. We will send the Referral Rewards owing by bank transfer, We will contact You at the end of the two month period to obtain the relevant details.

3.3) Despite the proceeding provisions, a Referral Reward will not be paid to the Community Organisation in the following circumstances:

(a) If the new customer has entered into contract with Us for the Services, at any time during the previous 12 months;

(b) If We reasonably suspect the Community Organisation, any individual involved in the Community Organisation or the new customer of any illegal, fraudulent or other activity, as a result of which, the payment of the Referral Reward may be illegal, fraudulent and/or may cause damage to Our reputation;

(c) If there is a breach of these Terms.

3.4) We may, in our absolute discretion, withhold payment of the Referral Reward in any of the following circumstances

(a) If the new customer has previously entered into contract with Us for the Services

(b) We are ordered to withhold payment, by any judicial, governmental or other authority or statutory body with power to make such orders.

We shall not be obliged to pay the Referral Reward to the Community Organisation if the new customer does not correctly quote the name of the Community Organisation during Successful Registration or does not enter quote the Community Organisation at all. We do not accept any responsibility for failure of the new customer quote the Community Organisation or for any errors in the quoting of the Community Organisation during Successful Registration and will not permit any amendment following Successful Registration. However, a new customer can amend their order at any time prior to Our acceptance of their request for Our Services. Further, We shall not be obliged to pay the Referral Reward, if the new customer does not place an order for Our Services.

Any Referral Reward paid to erroneously must be repaid to Us (or it is agreed that We may set-off such amounts against Referral Rewards owed at a future date) and the Community Organisation shall notify Us immediately upon receipt of such amounts.

4.7 The Community Organisation shall have sole responsibility to pay any income or other taxes for which they may be liable as a result of Your participation in the Community Chest Scheme and in respect of any Referral Rewards that may be paid by Us. Further, the Community Organisation shall indemnify Us against all liability resulting from failure to pay taxes in accordance with this clause.

5) Data protection and publicity

5.1) Both parties agree to comply with the provisions of the Data Protection Act Laws

5.2) We will use any personal data that provided on the entry form and/or that have been provided in order to participate in the Community Chest Scheme.

5.3) We shall use any personal data that has been provided to Us in accordance with the terms of Our Privacy Notice and/or in accordance with the obligations placed on Us by the Data Protection Laws.

5.4) You acknowledge that due to the restrictions of the Data Protection Act Laws, We cannot inform the Community Organisation of the identity of any new customers. As such You will need to communicate directly with any potential new customers.

5.5) We reserve the right to contact You or such other representative of the Community Organisation in to discuss engagement for publicity around the Community Chest Scheme

6) Termination

6.1) This relationship will terminate on the date which is two (2) months from the date on which We notify You that the Community Organisation has been accepted into the Community Chest Scheme or immediately if:

1. i) We stop supplying the Services for any reason;
2. ii) We reasonably suspect illegal or fraudulent trading;

iii) The Community Organisation is in breach of these Terms and has failed to remedy any such breach following reasonable notice; or

1. iv) We cancel the Community Chest Scheme for any reason whatsoever.

6.3) We shall pay to the Community Organisation any Referral Rewards accrued at the date of termination but not paid, if, but for the termination, the Community Organisation would have been permitted to receive the Referral Rewards in accordance with these Terms. We shall not pay to any further Referral Rewards where the Community Organisation is quoted after the date of termination of the relationship.

7) Liability

7.1) Nothing in these Terms shall exclude or limit liability for (a) fraud or fraudulent misrepresentation, (b) death or personal injury resulting from our negligence or that of our employees or sub- contractors or (c) any other liability which cannot be excluded or limited by law.

7.2) We shall not be liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses were within our contemplation, suffered or incurred by You, the Community Organisation or any third party arising out or in connection with these Terms or participation in the Community Chest Scheme.

7.3) Our total aggregate liability to the Community Organisation arising out of or in connection with these Terms and the performance or observation of Our obligations under it shall be limited to the greater of:

(a) the aggregate amount of Referral Rewards due but not paid; or

(b) £1,000.

8) General

8.2) We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.

8.3) Any notice required or permitted under these Terms must be in English and be sent to Us at: KCOM, KCOM Group Limited 37 Carr Lane, Hull HU1 3RE or fax +44 (0)1392 333334 or mycare@kcom.com

8.4) Any notice to be sent to the Community Organisation will be sent to the address which You provide on the entry form unless You notify Us otherwise. Any notices given under these Terms must be delivered by hand, post, fax or email and will be treated as having been delivered: (a) on the day of delivery if delivered by hand, or (b) 2 days after posting if sent by post, or (c) on the day of transmission if sent by fax, or (d) on the day of transmission if sent by email.

8.5) Entry into the Community Chest Scheme does not create a partnership, joint venture, agency or franchise relationship, and the parties agree that any appointment by Us of the Community Organisation as a reseller of the Services, shall be subject to separate terms.

8.5) Neither party may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the right to receive the Referral Rewards) arising under the these Terms without prior written consent.

8.6) Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than You or Us.

8.7) The headings to the sections of the Terms are for convenience only and have no substantive meaning.

8.8) These Terms are governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.

8.9) If and in so far as any part or provision of these Terms is or becomes void or unenforceable it should be deemed not to be and never to have been nor formed a part of the Agreement and the remaining provisions of the Agreement shall continue in full force and effect.

8.11) We shall be entitled, but not obliged, without prejudice to any other rights or remedies available, to set-off any liability owed against any liability due.

8.12) The failure by Us to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and the Community Organisations and Your obligation in respect of such future performance shall continue in full force and effect.

Definitions

- “Acceptable Use Policy” means the acceptable use policy posted on Our Web Site (as amended from time to time

- “Community Organisations” means a local community group, charity, voluntary group, club, school or other not for profit organisation who is the subject of the application to the Community Chest scheme

- “Data Protection Laws” all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).

- “Privacy Notice” means Our privacy notice posted on Our Web Site (as amended from time to time)

- “Qualifying Area” means the areas with the postcodes YO25, YO42, YO43, DN14, HU19, HU11

- “Referral Reward” means the reward We will pay to the Community Organisation after a new customers Successful Registration for services

- “Scheme” means the Community Chest scheme offered by Us

- “Services” means Services offered by Us in the Qualifying Area

- “Successful Registration” means the request by a new customer located in the Qualifying Area for Our Services and Our acceptance of that request.

- “Terms” means these terms and conditions for the Community Chest Scheme

- “We/ Us” KCOM Group Limited, trading as KCOM, (registered number 2150618) whose registered office is at 37 Carr Lane, Hull, HU1 3RE;

- “You / Your” means the representative of the Community Organisation