Terms and Condition​

Terms and Condition

Terms of Service Ktech Network LLC Agreement READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE Ktech Network LLC. Introduction These Terms and Conditions constitute an agreement (this “Agreement”) between Ktech Network LLC (“Ktech Network”, “we”, “us,” or “our”) and each of our customers (“customer”, “you,”, “your” “user” or “subscriber). The term “User” means You or any other person using the Service under your Ktech Network account and You are responsible for your and all other Users’ use of the Services. By enrolling in, using or paying for the Ktech Network service, you agree to the prices, Charges, Terms and Conditions in this agreement. If you do not agree to these prices, charges, terms, and conditions in this agreement. Do not use the service and cancel the service immediately by calling Ktech Network Customer service number listed at www.Ktechnetwork.com The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device or software ("Device" or "Equipment" or "CPE"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms. Ktech Network may change the Terms and Conditions of the Agreement at any time. Notices will be considered given and effective on the date posted at www.Ktechnetwork.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions. Rates and charges for Ktech Network service (www.ktechnetwork.com) are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.ktechnetwork.com. SERVICE Service is billed on a calendar-month basis for a term which begins on the date that you sign up for Ktech Network service and closes on the last day of the calendar-month. Subsequent terms of this Agreement automatically renew on a calendar-month basis without further action by you. You may terminate your service by calling customer service before the last day of the calendar-month and following procedures for cancellation. You are purchasing the Service for full calendar-month terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full calendar month's charges to the end of the then-current term, including without limitation unbilled charges under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your credit card. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. New customers to Ktech Network are billed the prorated portion of the service plan for the calendar month in which they activate service. Equipment Requirements The Service requires standard SIP based customer premise equipment ("CPE" or "device") which will be provided by Ktech Network or approved agents of Ktech Network pursuant to the terms of this Agreement. Use of the Service without such approved equipment is strictly prohibited. Prohibited Uses of Service You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Ktech Network reserves the right to terminate the Service immediately and without advance notice if Ktech Network, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges all of which immediately become due, payable and chargeable to your credit card. If Ktech Network, in its sole discretion believes that you have violated the above restrictions, Ktech Network may forward the objectionable material, as well as your communications with Ktech Network and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding. Loss of Service Due to Power Failure or Internet Service/Broadband Outage You acknowledge and understand that the Service does not function in the event of a power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or Ktech Network terminate the Service in accordance with this Agreement. Emergency Calling – 911 Dialing With traditional Enhanced 911 (“E911”) emergency Service, when you dial “911”, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have immediate access to your telephone and address, thus permitting them to respond to your emergency call or to call you back if necessary. With Ktech Network’s Service, if you are located in an area where the emergency center does not support E911 emergency Service (i.e., is not capable of simultaneously receiving your telephone number and address), You have basic 911 emergency Service. If you have basic 911 emergency Service, the local emergency operator will not have immediate access to your call back number or to your exact location when receiving your emergency call. Accordingly, you must be prepared to give the basic 911 emergency operator this information. Until and unless you do so, the basic 911 emergency operator may not be able to call you back or dispatch assistance if the call is disconnected or if you are unable to verbally communicate that information. We require you to provide the physical address where you will be using our service for 911 purposes. For E911 and basic 911, this address is used to route 911 calls to your local emergency center. When you initially provide your physical address, it can take up to 120 minutes to verify your address and activate 911 services at this address. If you move this device to another location, you must update your address by calling customer service. You may register only one location at time. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you update your location, it can take several hours to activate 911 services at the updated address. Acknowledgement You understand and acknowledge that Ktech Network’s 911 emergency Service has certain limitations and works differently when compared to traditional 911 emergency service. Ktech Network’s 911 emergency Service limitations and the way Ktech Network deploys its 911 emergency Service may make Ktech Network unsuitable to some users. You should carefully evaluate Ktech Network’s 911 emergency Service limitations when deciding to activate Ktech Network’s Service. You agree and acknowledge that it is your responsibility to select a 911 emergency service provider best suited to meet your emergency calling needs, and to make the necessary arrangements for accessing emergency calling services, such as maintaining a traditional phone line or cellular (mobile) phone as a backup means for your emergency calls. By entering into this Agreement, You will be presumed to have assumed the risk of losing 911 emergency dialing capabilities and agree to provide your telephone number and other identifying information to 911 emergency authorities as you deem necessary (in your sole opinion and discretion) in case of an emergency. Ktech Network assumes no liability for the failure of E911 to perform and assumes no liability if you move and do not update your E911 address information. Limitations of Emergency Calling – 911 Dialing Ktech Network depends upon certain third parties to provide 911 emergency Service and is thus subject to their network implementation and deployment schedules. Consequently, E911 emergency Service may be limited or unavailable in certain geographic areas until these third parties have completed this implementation and deployment. When you sign-up for the Service, we will advise you of the kind of 911 emergency Service, E911 or basic 911, that will be available with your Service. When there is a problem validating your information and/or address or you are identified with an international location, your 911 emergency call will be sent to the national emergency call center. In addition, emergency personnel will not receive your telephone number or know your physical location when your 911 emergency call is routed to the national emergency call center. Routing to a national emergency call center could substantially delay the response of emergency service providers or could result in no emergency service being provided to you at all. Ktech Network 911 and E911 Emergency Service may also be Limited or Unavailable in the Following Circumstances: • If your Digital Subscriber Line (“DSL”), cable modem, or other broadband access connections are disconnected, suspended, or interrupted for any reason, including electric power failures. • If you relocate or move the Ktech Network Adapter and/or device to a location other than the one that you registered with us or if you otherwise disconnect or modify the Ktech Network Adapter and/or device. • If you change your telephone number or if you add new telephone numbers to your account, and do not successfully register your location of use for each changed or newly added telephone number. • If there are delays or disruptions of Service in the network or Services of Ktech Network’s E911 underlying service provider. • If there is network congestion and/or a reduction in network speed; or • If Service is interrupted or terminated for any reason, including the suspension or termination of your account with us or with your broadband access supplier. • While Ktech Network will make commercially reasonable efforts to minimize the disruptive effects of Ktech Network’s Service interruptions, degradations, or outages, it makes no guarantees or assurances that these will not occur. Such commercially reasonable efforts are Ktech Network’s sole obligation regarding such interruptions. Such outages or other Service disruptions may include loss of 911 emergency Service dialing capabilities for extended periods of time. Number Porting Customer must keep its existing service active to port a phone number to Ktech Network. Customer do not disconnect or cancel existing phone service until the existing phone no. transferred has been confirmed. Although the time frames vary depending on the level of cooperation from your current service provider. Your Account If you use this service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Taxes Customer is responsible for, and shall pay any applicable federal, state, municipal, local, or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. Refund Policy • The thirty (30) Day Money Back Guarantee ("MBG") period starts on your Order Date. If you qualify, we will refund any paid activation fees, first month service charges, fees and certain taxes for the first ordered line per account. • Cancellation is effective on the date you contact Ktelcom to cancel your service or as of a future date designated by you or us, provided we can support future cancellation of service requests as of that future date. Paid charges are not subject to refund (except when applicable per MBG policy). If you cancel your service before the end of your billing cycle, there are no pro-rated refunds. Early Termination Fees ("ETFs") may also apply if you cancel your service. • Our money back guarantee does not apply to any charges for international usage, payphone calls to toll free numbers, directory assistance and any features or services not expressly included in your monthly plan fee. In addition, we may not be able to refund all of the taxes that you paid. • Certain plans may have restrictions or limitations that apply to the refund of calls made during the MBG period from certain US territories or foreign jurisdictions, to the United States, or in the event the Reasonable Use Policy is violated • Subject to our Money Back Guarantee, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans. • Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us. • Ktech Network may terminate Services provided to a Customer Location if Ktech Network determines, in good faith, such termination is necessary to comply with a court order or other Law applicable to Services at that Customer Location, provided Ktech Network shall refund any unused prepaid Service Fees in respect of the terminated Services. Telephone Monitoring As part of our continuing effort to maintain a high quality of service to our customers, telephone communications with you may be monitored and recorded. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is required. Unlawful Use Policy and forwarding of information to authorities and third parties If we believe that you have used or obtained Ktech Network service unlawfully, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for action. You agree to our forwarding of any such communications and information to these authorities. We may share your name, telephone number, credit card information, and other personal information, any communications, and any other information that we may have about your account, including but not limited to, the service plan type, effective date, MAC address(es), IP address(es), email address(es), registered 911 address, and all account information to law enforcement officials or as required by law, regulation, rule, subpoena, search warrant, or court order, or to protect Ktech Network rights, property or personnel. Applicable Law By visiting www.Ktechnetwork.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Legal notices and any dispute of any sort that might arise between you and Ktech Network or its affiliates. Disputes Any dispute relating in any way to your visit to www.Ktechnetwork.com or to services you purchase through Ktech Network shall be submitted to confidential arbitration in Chicago, IL, except that, to the extent you have in any manner violated or threatened to violate Ktech Network's intellectual property rights, Ktech Network may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site Policies, Modification, and Severability Please review our other policies. These policies also govern your visit to www.Ktechnetwork.com. We reserve the right to make changes to our site, policies, and these Legal notices at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.