Version 5/27/22

RESIDENTIAL SERVICE AGREEMENT
(TERMS & CONDITIONS)

This Residential Service Agreement (“Agreement”) is between IdeaTek Telcom, LLC (“IdeaTek”) and “You” the “Customer”,  as described or referenced in service order, service document, or service invoice.

Customer Obligations 

1. Customer shall pay all service fees,  installation fees and/or other charges no later than 30 days following the date of the invoice. Customer acknowledges and accepts that services may be subject to additional local fees, surcharges, taxes or other charges. Should Customer fail to make timely payment, IdeaTek may elect to terminate the Services, remove IdeaTek equipment, and assess late payment fees, collection trip fees, all early termination fees, and any necessary collection of legal fees if applicable. Customer acknowledges there may be a reconnection fee in the event service is reinstated upon payment. Customer also authorizes IdeaTek to use any secondary forms of payment / deposits on file to fulfill Customer obligations of this Agreement including any outstanding balances.

    

2. Customer shall be responsible for any improper use, damage, or loss of any equipment furnished by IdeaTek and agrees to pay IdeaTek’s charges for the cost of repairing or replacing any equipment.

    

3. Customer shall allow IdeaTek access into Customer premises to install, maintain or repair, upgrade and remove IdeaTek equipment. Customer shall provide IdeaTek’s employees and representatives with a safe working environment while on Customer’s premises. In the event, IdeaTek’s employees and representatives do not feel the premises are safe or suitable for conducting work, installation or maintenance of the services may be declined. If Customer is not home at the time of a service call, Customer agrees that any other adult resident or guest at Customer residence may grant IdeaTek access to the premises. Should Customer not own the premises, Customer agrees to,obtain the premise owner’s permission to install IdeaTek’s equipment (including, without limitation, equipment attached to the outside of the premises) prior to installation.  Customer shall indemnify IdeaTek from any and all claims that may be asserted against IdeaTek by the premise’s Owner or other person in connection with the installation of IdeaTek equipment and provision of the Services.

    

4. Customer may use the Services for any lawful purpose, provided that such purpose does not interfere with or impair service or the privacy of any communication over any of the facilities and equipment comprising the IdeaTek networks.

    

5. Upon expiration or termination of this Agreement or at the request of IdeaTek, Customer agrees to promptly return any and all IdeaTek furnished equipment to IdeaTek in good condition (except for ordinary wear and tear resulting from proper use).   Should Customer not return the IdeaTek equipment within twenty-one (21) days or if said equipment is damaged, Customer agrees to pay, and IdeaTek may charge Customer’s account, an amount equal to the cost of replacing or repairing said equipment. This provision shall survive the termination or expiration of this Agreement.

    

6. Customer shall not copy, duplicate, reverse engineer, or in any way tamper with or interfere with any software or equipment provided to Customer by IdeaTek.

    

7. Customer agrees to abide by IdeaTek’s Acceptable Use Policy (AUP) found at www.ideatek.com which Customer acknowledges may be updated from time to time.

    

8. Tampering, modifying, or changing any equipment or cabling installed or maintained by IdeaTek IS DANGEROUS and may result in service outages, including outages of emergency 911 service.

    

9. IdeaTek is required to provide service to all reasonable requests in its designated service area(s). Unresolved questions concerning service availability can be directed to the Kansas Corporation Commission’s Office of Public Affairs and Consumer Protection department at 800.662.0027 or public.affairs@kcc.ks.gov.

    

10. Voice Services (including access to IdeaTek’s enhanced 911 service) require electrical power supplied at the Customer premise. Although IdeaTek does not offer a battery backup system, please contact us and we can assist you in locating a proper solution that can provide battery backup services to avoid any downtime in the event of an electrical power outage. IdeaTek will not be responsible for the monitoring and/or replacing of a backup battery not supplied by IdeaTek.

     

11. ENHANCED 911 (E911). For emergency calls, Ideatek utilizes Enhanced 911 service (E911) which works the same as 911, but will provide the telephone number and location automatically to the emergency service operator. For more information on IdeaTek’s E911 service, please go to https://ideatek.com/e911-notice-disclosure/ or contact us directly at (855) 433-2835. IMPORTANT: IdeaTek E911 services will not function if the IdeaTek Equipment fails or if your service is interrupted or not functioning for any other reason, including but not limited to: a power outage lasting beyond battery backup, if any; an IdeaTek network service outage; or, if your service is disconnected at your request or for non-payment of IdeaTek service charges. 
    
    When we initially set up your account, we also register your service address according to the information you provide to us.  You are also able to change this information yourself by going to the IdeaTek Voice self-service portal. 
    
    Customer acknowledges there are important limitations to the E911 service as compared to traditional landline and agrees to review the E911 Disclosure/Notification provided by IdeaTek for said limitations.

Warranties / Liabilities / Other Terms

1. All IdeaTek Equipment provided to Customer by IdeaTek or its agent will remain the property of IdeaTek.

    

2. Customer agrees to take proper care of the equipment, including, but not limited to voice service and internet equipment. All equipment should be stored at room temperature, kept away from any source of moisture, and be connected to a dedicated power source.  Tampering, modifying, or changing any equipment or cabling installed or maintained by IdeaTek is dangerous and could result in injury or worse.  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY RESULT IN REDUCED BATTERY LIFE / ENDURANCE  AND MAY CAUSE SERVICE OUTAGES, INCLUDING OUTAGES OF EMERGENCY 911 SERVICE.

    

3. For purposes of this Agreement IdeaTek includes its members, managers, owners, employees, agents, subcontractors, vendors and/or any entity on behalf of which IdeaTek resells Services. IdeaTek makes no agreements, warranties or representations, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose, regarding the Service(s) provided by IdeaTek including, but not limited to, any warranty of merchantability, fitness for a particular purpose, non-infringement, warranty arising by course of trade, course of dealing or course of performance, or any warranty that the Services will meet Customer’s requirements and all warranties are hereby disclaimed. IdeaTek’s liability for service interruptions and disruptions, or in any jurisdiction that prohibits disclaimers, shall be limited to the credits for interrupted or disrupted service, if any, in accordance the IdeaTek’s then-current credit policy. In no event shall IdeaTek be liable for personal injury, death, property damage or any other losses or damages including, but not limited to, direct, special, exemplary, punitive, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, business interruption or loss of business data), whether in a claim or an action based on breach of express or implied warranty or contract, strict liability or any other theory (collectively, “causes of action”), even if IdeaTek has been advised of the possibility thereof.

    

4. IdeaTek and/or any service reseller, assumes no liability associated with the use of the Services, equipment, or the installation thereof including, but not limited to, any computer or related electronic or telecommunications equipment attached thereto.

    

5. In the event of a technological or business reason that makes delivering a service to the Customer no longer economically or technologically feasible, IdeaTek may cancel that particular service without penalty to either party and upon notice to the Customer.

    

6. If Customer fails to comply with any material provision of this Agreement, including, but not limited to failure to make payment as specified, then IdeaTek, at its sole option, may elect to pursue one or more of the following courses of action: (i) terminate this Agreement whereupon all sums then due and payable shall become immediately due and payable, (ii) suspend all or any part of Services, and/or (iii) pursue any other remedies as may be provided at law or in equity, including any applicable termination fees. IdeaTek shall be in Default under this Agreement if it fails to comply with the terms of this Agreement and such failure continues for ten (10) days after Customer gives written notice to IdeaTek.

    

7. Ideatek may update this Agreement at any time upon notice to the Customer.

    

8. IdeaTek may assign this agreement to a third-party upon notice to Customer.

    

9. Customer agrees this Agreement is to be governed by the laws of Kansas with jurisdiction and venue to be located in Reno County, Kansas.