This online agreement is entered into by and between you the subscriber (Subscriber) and KDSC, Inc., also known as KDSI (Provider) with offices at 1004 West Oklahoma Avenue, Grand Island, NE 68801, for the purpose of establishing the terms and conditions under which Provider will furnish Internet access and/or hosted services.
SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of service agreed upon at time of installation/implementation.
TERM OF THE AGREEMENT. This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. KDSI owns all equipment & associated cables/cords not purchased directly by the Subscriber, and upon any termination all owned equipment is to be retained by KDSI. Any unreturned equipment will be billed to the Subscriber at the approximate value it was purchased by KDSI.
CHANGES TO SERVICE. Subscriber may choose to change their package of service without violating the terms of this agreement. A fee may be required to implement a move of equipment. Excess cabling and multiple workstation moves will incur normal hourly labor rates beyond the basic equipment move fee.
PAYMENT SCHEDULE. Subscriber will be billed any applicable installation/implementation charges, as well as the appropriate rates for the package of service selected at the time of the first bill. Provider reserves the right to request payment for any and all charges in advance. Services are subsequently billed on/near the 25th of each month for the upcoming month.
All charges are due by the 10th of the month of service. Failure to pay monthly charges by the 10th day of the month, shall give Provider the right, without liability, to temporarily deactivate service. The Provider is not liable for any loss of business or any style of Internet services from a deactivated Internet account. Restoration of service will require payment of any unpaid balance, and a $5 reinstatement fee may be applied. If service is not re-established within thirty (30) calendar days of deactivation, the service may be permanently discontinued. To restore service after a permanent discontinuance, payment of the full unpaid balance, reinstatement fee and pre-payment of new installation charges may apply.
Late Payment Fees – A late payment fee of 1.5% per month may be added on accounts not paid within thirty (30) days of billing (18% annum). Any fees incurred by Provider to facilitate payment transactions that fail will be passed on to the Subscriber.
CUSTOMER PROVIDED EQUIPMENT. Any equipment & associated cables/cords not owned by the Provider is customer owned equipment. Provider is not responsible for support of customer owned equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Service. Optional support of customer owned equipment is available at current labor rates with a thirty (30) minute minimum, collectable whether the issue is resolved or not.
CUSTOMER INSTALLATION. When applicable, an installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine which, if any Subscriber device(s) are to be configured for the service. Subscriber will be required to purchase or provide the appropriate hardware/software necessary for the service to work on devices. Installation of said equipment can be installed by Provider at current labor rates with a thirty (30) minute minimum billing.
In the event a Subscriber installs a network utilizing the provided Internet access service, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider may dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems with an associated billing. Provider may perform work on any of Subscriber’s computers with an associated billing.
SERVICE CALLS. If Provider is called to Subscriber’s site and it is determined that the problem is other than the Provider’s service at fault, a minimum service fee of 1-hour labor will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply.
WIRELESS INTERNET CONNECTION SERVICE DELIVERY. Wireless Internet access connection speed is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.
DELAY. Provider will not be liable for any delay in the delivery or installation of service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.
CONSEQUENTIAL DAMAGES. Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Services.
Voice Over IP (VOIP). Provider does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.
TV Over IP (IPTV). Provider does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol.
ADDITIONAL TERMS. If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Hall County, Nebraska shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Nebraska.
Excessive Use Policy
As with all internet service providers, KDSI does have an Excessive Use Policy. While high volume use among our customers is very rare, KDSI reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. KDSI would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. KDSI expects that almost all its customers will remain unaffected by this as they maintain their normal internet usage. For those who may need a sustained 24/7 connection, KDSI does offer OTHER adaptable solutions to fit your needs.
Commitment of Wireless Internet Service
It is important to KDSI that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research shows that the average customer will get optimal throughput of 90% to 99% of their purchased bandwidth. This (90% to 99%) is considered the best possible throughput results and can degrade beyond that should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points).
Finally, KDSI takes great pride in our network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that KDSI will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.