K-Force Technical Response Team
Terms and Conditions
The following Terms and Conditions ("Terms") constitute the contract between you and Kingdom Telephone detailing your
rights and obligations regarding your access to and use of Kingdom Telephone's Home and Business Services ("Service"),
as more fully described below. These Terms govern the use of the Service, whether Kingdom Telephone provides the Service
through a telephone agent, through an or through the Kingdom Telephone Premium Support website ("Site"). By using the
Service, you agree to these Terms.
Updates
At the discretion of Kingdom Telephone, these Terms may be amended or updated from time to time, without prior notice
to you. Kingdom Telephone reserves the right to make any such updates by posting the revised Terms on the Site. You
can review the most recent version of these Terms at any time on the Site and it is your responsibility to routinely
review these Terms. Your continued use of the Service following any change in Terms constitutes your acceptance of those
changes.
Description of Service - Scope of Support
The goal of Kingdom Telephone is to assist you with your technology service needs. The Services include assistance in
the areas of troubleshooting, installation, configuration and set up of your computer, OSS, common software, and other
peripherals such as your printer, scanner, and home-networking equipment. Our technicians will attempt to assist you
with issues that come up that are difficult to diagnose across the boundaries of hardware and software. The Services
are available to residential and small business customers. You cannot resell our Service to others or make assistance
available outside your family members in the same household.
Because of the complexity of issues our customers might face, our Service is a "best efforts" service. If your problem
should prove more difficult than we can reasonably resolve, we reserve the right, at our discretion, to end further
efforts to resolve the problem and to provide you a refund in lieu of complete resolution of the problem. Because the
Service is only available on a "per incident" basis (unless prepaid service applies), any refund will be limited to the
Per-Incident Service Fee you paid. We reserve the right to refuse to troubleshoot software not in our list of supported
products. Technical problems that may arise may be the result of software or hardware errors not yet resolved by the
hardware or software manufacturer. Kingdom Telephone has limited proprietary information from vendors, manufacturers
and developers and may not have the ability to obtain the proprietary information that may be necessary to resolve a
specific technical problem. In all situations, our technical staff will encourage the best practice of backing up
information as a valued piece of our service offering. We may, but are not required to, decline to proceed with problem
resolution if we feel that adequate back-up steps are not being taken by you.
Since our advice to you may include steps that you will need to take before the problem can be resolved such as buying
cables or cords, acquiring software, etc., we will keep your ticket open so that it can be referenced again when you are
ready to go the next step. If you cannot pursue the course of action we recommend, we will consider the ticket closed.
The Service is an incident-specific computer troubleshooting and problem resolution service. If you have fundamental
training needs on software packages (i.e. how to build a spreadsheet in Excel, how to type a letter in Word), we will
recommend you pursue alternative solutions. We do not assist with computer programming or development support.
Moreover, this is not a hardware or software warranty service. You will need to contact the product vendor for
warranty-related services. Kingdom Telephone reserves the right to reduce or expand the scope of support offered
by the Service without prior notice to you.
No Entitlements: You understand and agree that subscription to the Service does not include free upgrades of existing
software, operating systems, or applications. Further, use of this Service does not constitute a license to use software,
applications or equipment that we are troubleshooting. Kingdom Telephone does not provide any such upgrades or licenses
through this Service. Those licenses and upgrades are solely your responsibility and you must acquire them from the
appropriate sources.
Supported Products:
Prices for the service and the different subscription and promotional offers are explained to you at the time of purchase.
All charges must be authorized by you in advance and will be billed to a major credit card at the time the Service is
requested. You agree to pay all fees and charges specified when you ordered your Service, including any recurring and
nonrecurring charges, taxes, fees and assessments applicable to the Service and the associated equipment (including but
not limited to applicable installation and termination charges, if any). If you terminate prior to the end of your term,
a pro-rated refund will be applied. An adjustment will be made for any support you received during the prepaid service
period using incidental support rates, not to exceed the total prepaid service amount you paid. Kingdom Telephone may,
upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or
institute new fees or charges for the Service. All fees and charges are payable in accordance with billing terms in
effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars.
Once a ticket on the particular issue called in about has been closed by Kingdom Telephone, any further calls or
requests for assistance will be opened as a new ticket and an additional fee (described above) must be paid.
Notwithstanding the foregoing, Kingdom Telephone agrees to assist you with the same issue, should the same problem
occur again, for the remainder of the day the call was received and the following 5 calendar days (within hours of
operation) without you incurring any additional charges.
Representations by Customer
You represent that you are a legal license holder of the software on your machine. We will not assist you if you are
not the legal license holder. You further represent that you are the owner of any hardware or network devices you
request Kingdom Telephone to assist you with.
If you are an individual, you must be an adult of at least 18 years of age to subscribe to the Service and by
requesting the Service, you confirm you are an adult of at least 18 years of age. If you are a business entity, you
confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity
duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority
and power to accept these Terms. You are also confirming that these Terms constitute a valid and binding obligation of
yours.
All information that you provide to Kingdom Telephone must be accurate, including your name, address, credit or charge
card numbers, expiration dates or any other Service payment information required by Kingdom Telephone. You further
represent that you are authorized to bill the charges to the credit card you provide Kingdom Telephone.
Access
The Kingdom Telephone K-Force Technical Response Team must have 1) access to your residence or business and the
computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business,
3) a safe working environment, work space, and 4) electrical power. If the K-Force Technical Response Team determines
that these conditions have not been met, services will be denied and a $129 cancellation charge assessed.
Privacy
This Service will be subject to Kingdom Telephone privacy policies. If we work with you on any password or other access
control oriented problems, we strongly recommend that you reset such passwords(s) immediately following the completion
of the Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, THIS SITE AND THE INFORMATION ON THIS SITE IS AT YOUR OWN RISK.
KINGDOM TELEPHONE MAKES NO WARRANTY THAT (i) THE SERVICE AND/OR SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR
SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
AND/OR SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SERVICE AND/OR SITE
WILL BE CORRECTED.
KINGDOM TELEPHONE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE
SERVICES, THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, KINGDOM TELEPHONE IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINGDOM TELEPHONE
OR THROUGH OR FROM THE SERVICE AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES, THE SITE,
THE CONTENTS THEREIN, AND ANY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS
FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINGDOM TELEPHONE AND ITS DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, AS WELL AS ANY KINGDOM TELEPHONE PARENT, AFFILIATE OR SUBSIDIARY
COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS
OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF KINGDOM
TELEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)ARISING OUT OF (A) THE
USE OF THE SERVICES, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE
AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE
PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE THE SERVICES,
INCLUDING BUT NOT LIMITED TO THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT
NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR
REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF
PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KINGDOM TELEPHONE'S TOTAL LIABILITY ARISING OUT OF THE SERVICES, OR FROM KINGDOM
TELEPHONE'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT KINGDOM
TELEPHONE'S SOLE DISCRETION AND OPTION, TO (a) REPERFORM THE SERVICES, OR (b) REFUND
THE CHARGES AND FEES PAID FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY. THE REMEDIES
FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT
UNDER NO CIRCUMSTANCE WILL KINGDOM TELEPHONE BE LIABLE TO YOU FOR ANY MORE THAN WHAT
YOU PAID FOR THE SERVICE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS
OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Indemnification
You agree to indemnify, hold harmless and release Kingdom Telephone, its parent, affiliate and subsidiary companies
and their directors, officers, employees and agents, from and against any and all liabilities, claims, damages, costs
and expenses, including reasonable attorney's fees, arising from or related to your use of the Service and/or the Site.
Choice of Law; Jurisdiction
These Terms and the relationship between you and Kingdom Telephone will be governed by the laws of the State of Missouri,
without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the
courts located within Callaway County, Missouri. You further agree that any dispute arising from your use of the Service
must be brought exclusively with the courts of Callaway County, Missouri.
General Information
These Terms, and any other policies or guidelines referenced herein, constitute the entire agreement between KINGDOM
TELEPHONE and you in connection with the Service. These Terms govern your use of the Service, superseding any prior
agreements between you and KINGDOM TELEPHONE with respect to the subject matter of these Terms. If any provision of
these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of
these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The failure of KINGDOM TELEPHONE to exercise or enforce
any right or provision of these Terms will not constitute a waiver of such right or provision. If you violate these
Terms, KINGDOM TELEPHONE may in its sole discretion terminate or suspend your access and use of the Services
immediately without notice. You agree that KINGDOM TELEPHONE shall not be liable to you or any third party for
any termination of your access to the Service.
Trademark Information
Subsidiaries and affiliates of Kingdom Telephone Company provide products and services under the Kingdom Telephone.
All rights reserved.
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