Terms & Conditions

1. About Us

We are a Community Interest Company registered in England and Wales. Kite Phone is a trading name of Kite Inclusive CIC.

Regulatory Status: Our VoIP telephone services are provided in partnership with Statcomtelecoms Limited, a telecommunications provider registered with Ofcom.

2. Definitions

3. The Service

What we provide:

1. VoIP telephone service — A dedicated phone line for your home, delivered over your existing broadband connection
2. Hardware — One pre-configured Yealink T31W IP phone with power supply
3. Unlimited UK calls — To landlines (01, 02, 03) and mobile numbers (07)
4. Remote support — Technical assistance via phone and email during UK business hours
5. Short-dial codes — Programmable speed-dial numbers for easy calling

What we don't provide:

• Internet access (the phone connects to your WiFi but cannot browse the internet)
• Text messaging or SMS
• Video calling
• Mobile or portable service (the phone is designed for home use only)
• International calls (available as an add-on at additional cost)
• Emergency services via 999/112 (see Section 13: Emergency Calls)

Service requirements:

To use Kite Phone, you must have:

• A working broadband internet connection with WiFi capability
• A power socket near where you'll place the phone
• A UK delivery address for the Hardware

We do not provide broadband. You are responsible for maintaining your own internet connection.

4. Your Contract

Formation of contract:

Your contract with us begins when we confirm your order by email. This confirmation will include your activation date and a copy of these terms.

Minimum Term:

The Service has a minimum term of 36 months starting from your activation date. You agree to pay the Monthly Fee for the full Minimum Term unless you cancel in accordance with these terms.

What happens after the Minimum Term:

After 36 months, your contract continues on a rolling monthly basis. Either party may end the contract by giving 30 days' written notice.

5. Pricing and Payment

Current pricing:

All prices include VAT at the current rate (20%).

Payment method:

All recurring payments are collected by Direct Debit via our payment partner GoCardless. By signing up, you authorise us to collect the Monthly Fee from your bank account.

Payment timing:

Your first payment will be collected approximately 7 days after your activation date. Subsequent payments will be collected monthly on or around the same date.

Failed payments:

If a payment fails, we will notify you and attempt collection again within 7 days. If payment continues to fail, we may suspend your Service until the outstanding amount is paid.

Price changes:

We may increase the Monthly Fee once per calendar year, in line with the Consumer Price Index (CPI) plus up to 3.9%. We will give you at least 30 days' notice of any price increase. Price increases do not give you the right to cancel without Early Termination Fees during the Minimum Term, except where the increase exceeds CPI + 3.9%.

6. Hardware

Ownership:

The handset remains the property of Kite Inclusive CIC until contract completion. Upon completion of 36 months with no outstanding balance, ownership transfers to you.

Requirements:

Requires broadband internet connection (minimum 1 Mbps upload). UK households only.

Your responsibilities:

• Use the Hardware only with the Kite Phone Service
• Keep the Hardware in good condition
• Do not modify, repair, or tamper with the Hardware
• Insure the Hardware against loss, theft, or damage (optional but recommended)

Faulty Hardware:

If your Hardware develops a fault within 24 months of delivery, we will repair or replace it free of charge, provided the fault is not caused by misuse, accidental damage, or unauthorised modification. This does not affect your statutory rights.

Return of Hardware:

If you cancel or if we terminate for non-payment, you must return the Hardware to us within 14 days.

7. Using the Service

Acceptable use:

You agree to use the Service only for lawful purposes. You must not:

• Use the Service for any illegal activity
• Make hoax calls to emergency services
• Use the Service for commercial telemarketing or bulk calling
• Resell or share the Service with third parties outside your household
• Attempt to bypass or circumvent any technical limitations

Fair use:

The Service includes unlimited UK calls subject to fair use. We consider usage exceeding 3,000 minutes per month or patterns indicating non-residential use as outside fair use. We will contact you before taking any action.

Responsibility for use:

You are responsible for all use of the Service, including calls made by children or other household members. We recommend supervising children's use and using the short-dial feature to limit available numbers.

8. Cancellation

Your right to cancel:

Cancel anytime, phone must be returned.

How to cancel:

Provide written notice to info@kitestudios.org. Cancellation takes effect 30 days from receipt of your notice.

Return of Hardware:

When you cancel, you must return the Hardware within 14 days. Failure to return the Hardware will result in an additional charge of £56 (representing the Hardware cost).

9. Our Right to Cancel or Suspend

We may suspend the Service immediately if:

• You fail to pay any amount owed within 14 days of it becoming due
• You breach the acceptable use policy
• We reasonably believe the Service is being used fraudulently
• We are required to do so by law or regulation

We may terminate the Contract if:

• Your payment remains outstanding for more than 30 days
• You materially breach these terms and fail to remedy the breach within 14 days of notice
• You become insolvent or bankrupt

Suspension does not cancel your obligations:

During suspension, you remain liable for the Monthly Fee. We will restore Service promptly once the issue is resolved.

Refunds on termination:

If we terminate for reasons other than your breach, we will refund any amounts paid in advance for Service not yet provided.

10. Service Availability and Quality

Service levels:

We aim to provide the Service 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted service.

Planned maintenance:

We may occasionally need to suspend the Service for maintenance. Where possible, we will give at least 48 hours' notice and schedule maintenance outside peak hours.

Factors outside our control:

The quality and availability of the Service depends on your broadband connection. We are not responsible for service issues caused by:

• Your internet service provider
• Your router or WiFi equipment
• Power cuts or electrical issues at your premises
• Factors beyond our reasonable control

Fault reporting:

Report faults to hello@kitestudios.org. We aim to respond within 1 working day and resolve issues as quickly as possible.

11. Limitation of Liability

Our liability to you:

Where we are liable for breach of contract or negligence, our liability is limited to:

• The cost of re-supplying the Service; or
• A refund of amounts paid for the affected period

What we exclude:

To the maximum extent permitted by law, we exclude liability for:

• Loss of income, business, profits, or anticipated savings
• Loss of data or information
• Indirect or consequential losses
• Losses arising from circumstances outside our reasonable control

What we don't exclude:

Nothing in these terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

Your liability to us:

You are liable for all charges incurred on your account and for any damage to the Hardware caused by misuse, neglect, or unauthorised modification.

12. Changes to These Terms

Our right to change terms:

We may update these terms from time to time. We will give you at least 30 days' notice of any material changes by email.

Your right to reject changes:

If we make changes that are materially detrimental to you (other than price changes within CPI + 3.9%), you may cancel within 30 days of notice without paying the Early Termination Fee.

13. Emergency Calls (Important)

14. Complaints

How to complain:

If you're unhappy with any aspect of our Service, please contact us:

• Email: info@kitestudios.org
• Post: Kite Inclusive CIC, 2b Bassein Park Road, Shepherds Bush, London W12 9RY

Our process:

We will acknowledge your complaint within 2 working days and aim to resolve it within 10 working days. If we need longer, we will keep you informed of progress.

If you're not satisfied:

If we cannot resolve your complaint to your satisfaction within 8 weeks, you may refer the matter to an Alternative Dispute Resolution (ADR) provider. Details will be provided in our final response letter.

15. General Terms

Entire agreement:

These terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Severability:

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

No waiver:

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment:

You may not transfer your contract to another person without our written consent. We may transfer our rights and obligations to another organisation, provided this does not reduce your rights under the contract.

Third party rights:

No third party has any rights under these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

Governing law:

These terms are governed by English law. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact Us