SERVICE OFFERINGS and SERVICE LEVEL AGREEMENT (“SLA”)
1. Service Offerings. We may change or discontinue any of the Service Offerings or change or remove features of the Service Offerings at any time without notice.
2. Service Description. High Speed Internet Service gives you fiber optic access to Internet, and offers you the ability to upload and download information from Internet end points connected to our network. The Internet consists of many interconnected networks that connect to our network. Although we exchange traffic with other networks, we do not warrant that we will connect to or continue to remain connected to other networks except by agreement with those networks. Our ability or inability to connect to other networks could affect your service. Therefore, we make no promise that you will be able to transfer data at any specific speed.
3. Speed Ranges and Service Performance. We offer numerous service options to our business customers from 2 Megabits to 1 Gigabit. Speed describes the capacity to transmit data. Generally capacity is measured in gigabits, kilobits, or megabits that can be transferred in one second. Email and basic web browsing do not require high data transfer speeds but uses like video streaming and conferencing require higher speed services.
Current speed ranges are summarized on our Site listing downstream and upstream rates between your network interface device and the point you connect to our network. This represents the Service’s expected maximum speed capabilities. Service speeds are measured between your location and a point on our network which represents only a small section of the transmission path connecting you to content providers. Performance of our Service is also impacted by numerous other variables outside our control including your location, wiring at your premises, your devices and/or modem, the remote server you are accessing, the network performance outside our network, the networks you and others are using when transferring data, and others. As such, we do not guarantee end-to-end performance of your service. Service is provided “as is”.
4. IP Addresses. A static Internet Protocol (“IP”) address or multiple static IP addresses may be included as part of business customer Services, depending on the Service you select. Static IP addresses may not be available with all Services. You may not use the Service IP addresses in a manner inconsistent with the intended use of your Service. Our Service may not support both IPV6 and IPV4 Internet addresses. IPv6 addresses may require additional equipment that we may or may not offer.
5. Availability. Our Internet Access Service is only available to North Kansas City residents and businesses. Dark Fiber Service may be available to businesses outside the North Kansas City city limits.
6. Service Upgrades. Some Service upgrades require new and/or different customer premises equipment (“CPE”).
7. Data Usage. The data plan you selected contains an unlimited data allowance delivered at varying speeds depending on the Service selected. As such, there are currently no overage fees associated with your service. Use of equipment such as digital TV, home security, home alarm systems, etc. all impacts your data usage and speed.
8. Network Management. You agree that we may take reasonable network management steps to limit: 1) network harm; 2) capacity and network performance degradation; 3) service levels degradation; and 4) customer access degradation. Reasonable network management practices include, but are not limited to, capping data usage, limiting bandwidth, limiting data throughput speed, limiting data consumption or modifying customer technology.
9. Our current Service Level Agreement (SLA) for business customers is as follows:
(a) ALL SERVICES ARE OFFERED “AS IS”.
(a) Service Availability. We strive to and anticipate that our Service will be available to you most of the time.
(b) Service Disruption. A Service disruption occurs when your Service is completely offline for more than 24 hours due to an unplanned fault in our network or power infrastructure.
(c) Planned Maintenance Disruptions. Disruptions caused by planned maintenance are not covered by this SLA.
(d) Unplanned Disruption. In the event that there is an unplanned Service disruption, business customers may call customer support and request an Account credit to be issued for a prorated amount of your monthly invoice amount equal to the time of the Service disruption. For example: If you pay $60 per month for your Service and it is unavailable for 24 hours (during a 30 day month) due to an unplanned service outage, you may request an account credit for $2. You understand that this is your sole remedy for an unplanned service outage.
10. Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time.
11. Equipment. Other than the equipment provided to you for use with the Service, you must provide all Equipment and devices necessary to receive the Service. Any Equipment not provided by us is not our responsibility and we do not provide support or maintenance on your equipment. Modems and routers provided by us will be either a new or a fully inspected refurbished equipment.
If we determine that the Equipment we installed is damaged due to your intentional acts or negligence, you will be responsible for the repair and/or replacement costs.
We will provide you certain Equipment that may be located inside or outside of your premises, where our fiber network terminates into a Network Interface Device (“NID”).
Tampering with or attempting to connect to the Equipment will be treated as an intentional act by you. You agree to notify us immediately at our customer support line if the Equipment or Services are being stolen or fraudulently used. You are responsible for stolen Equipment or Services as well as all monthly recurring and other fees for Services if you fail to provide timely notice to us of a theft. Theft of Equipment or Service may also result in additional charges or Service termination.
12. Reselling is Not Permitted. Reselling service without express written consent from us, or offering any public information service, such as running a web server or FTP server, is prohibited.
If liNKCity fails to meet the above Internet Service availability the following options are available to customers: Normal Business Hours for liNKCity are Monday to Friday from 8:00am to 5:00pm with the exception of Holidays. liNKCity support can also be contacted by phone at 816.412.7854 at any time. If you call after our business hours, you will reach our after-hours support line. After hour support begins after 5:00pm until 7:59am Monday to Thursday. Weekend after hour support begins Friday at 5:00pm until 7:59am Monday.