Subject to contacting an AtLink representative, AtLink Services, LLC will provide all services that you, the Subscriber, request, on the following terms and conditions. All AtLink services are referred to as “Service” or “Services”. If you receive AtLink’s High Speed Internet Service, you will also be bound by the AtLink High Speed Internet Subscriber Agreement, and the AtLink Acceptable Use Policy. AtLink Telephone service: If AtLink provides telephone Service in your area, such Service will be provided through the AtLink telephone affiliate servicing your area, and you will also be bound by that affiliate’s tariff on file with the State telephone regulatory authority.
A. AtLink’s Obligations
Install in a workmanlike manner, the AtLink necessary equipment and materials.
Maintain AtLink equipment in accordance with reasonable industry standards and applicable regulations.
AtLink shall have no responsibility for the maintenance of your internal wiring.
These obligations do not include responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment.
Not all customers will qualify for all package speeds. Package speeds are determined to the edge of AtLink’s network. Speeds will vary due to conditions outside of the control of AtLink Services; including customer’s location, websites accessed, Internet congestion, obstructions, customer’s personal equipment, and weather. Due to these conditions, package speeds are not guaranteed and are considered “up to”.
Installation is $150. If you need a router, we offer our Atlink Smart Router, which has a one time setup fee of $50.
Equipment Maintenance Protection: $4.95 monthly recurring charge (without router (optional)), AtLink’s Smart Router monthly recurring charge $10.95: (Equipment Maintenance Protection with AtLinnk Smart Routher is mandatory.)
AtLink can not guarantee speeds or service, We will provide the fastest available speed for your rate plan, but all internet connection speeds are, by their nature, not guaranteed.
B. Your Obligations
Pay all installation, service or other charges on receipt of AtLink’s bill. Charges are according to AtLink’s rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to additional local fees, taxes or other charges. Some fees and charges are payable in advance. If you or AtLink terminate Service, AtLink may transfer outstanding balances for Services provided under this Agreement to other accounts that you have with AtLink.
If you fail to make timely payment, AtLink may terminate Service, remove AtLink equipment and impose late fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum amount permitted by law.
Provide AtLink’s employees and representatives with a safe working environment.
Assume complete responsibility for improper use, damage or loss of any equipment furnished by AtLink.
Allow AtLink access into your premises to install, maintain or repair, upgrade (if any), and remove AtLink equipment. AtLink personnel have AtLink identification you may request and examine. If you are not home at the time of a service call, you authorize any other adult resident (18 years or older) or guest at your residence to grant AtLink access to your premises.
Any attempted assignment or transfer of the Services is a breach of this Agreement.
If you do not own your premises:
i. You represent that you have obtained necessary permission from the owner to install AtLink’s equipment (including, without limitation, equipment attached to the outside of the premises); and
ii. You will indemnify AtLink from all claims of the owner in connection with the installation and provision of the Services. AtLink may provide backup battery service for telephone service utilizing a router and that router will remain the property of AtLink, if not purchased. If AtLink does not provide backup battery service for AtLink services utilizing a router, you must provide the backup battery and it will remain your responsibility in all respects.
C. Referrals
Starting January, 1st 2015 all referrals will be credit to account at the current basic rate. Referrals can only be applied as a credit and nontransferable or paid out as a cash value. On January, 1st 2015 notice was provided by means of invoices.
Notice: Tell a Friend, Get a Month! Receive a service credit at our basic plan rate when a friend you refer activates an account with AtLink Services. There’s no limit on the number of friends you can refer. So have your friend call us today and give our friendly customer care representative your account name! Call 405.753.7151.
D. Equipment
All AtLink Equipment and embedded Software (Equipment) provided to you by AtLink or its agent will remain the property of AtLink. AtLink shall have the unrestricted right, but not the obligation, to install or modify the software in any of the Equipment. It is a material breach for you to copy, duplicate, reverse engineer or in any way tamper with or interfere with any Software provided to you by AtLink. you also agree:
To use the Equipment only for receiving Services ordered from or through AtLink.
To promptly return the Equipment to AtLink in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service.
If you do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”), the damages AtLink will incur will be difficult to ascertain. Therefore, you agree to pay, and AtLink may charge your account, a liquidated damages amount equal to AtLink’s reasonable estimates of the replacement costs and incidental costs that AtLink incurs; provided, however, that such amount will not exceed the maximum amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination or expiration of this Agreement.
E. LIMITATION OF WARRANTIES AND LIABILITY
AtLink, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“AtLink GROUP”) MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. THE AtLink GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE AtLink GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE AtLink GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE AtLink GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE AtLink GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.
F. Pole Attachments
If AtLink makes use of poles owned by the local telephone company and/or the electric company, the continued use of these poles is in no way warranted by AtLink. You agree that you will make no claim or take any action against AtLink or the utility if Service to be provided by AtLink hereunder is disrupted or discontinued due to unavailability of the poles.
H. Breach of Agreement
If you breach this Agreement, or any other agreement referenced herein, AtLink has the right to terminate this Agreement and remove its equipment. AtLink failure to require your strict performance of any term of this Agreement shall not be construed as a waiver of AtLink’s right to require strict performance of the same or any other term or condition in this Agreement.
I. Entire Agreement
This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between AtLink and you for the Services and Equipment. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.
ATLINK SERVICES, LLC
13431 Broadway Ext. Suite 150
Oklahoma City, OK 73114
