Terms of Service
By establishing an account or using the Services of Kitsap Communications, LLC, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies posted on our website at www.kitsapwifi.com.
The following terms and conditions shall apply to all customers subscribing to Kitsap Communications, LLC Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. By utilizing Kitsap Communications, LLC Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy, this Agreement and other policies posted on our website at www.kitsapwifi.com, as Kitsap Communications, LLC may modify them from time to time. In the event of an inconsistency or conflict between the Acceptable Use Policy, other policies and this Agreement, the provisions of this Agreement shall govern.
Payment Policies and Terms:
Subscriber shall be billed monthly for service one month in advance for twelve (12) months. Payment by Subscriber shall be due to Kitsap Communications, LLC within fifteen (15) days from the date of the invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall be placed on accounting hold and services to the Subscriber shall be suspended until the account is paid in full. A Forty-Five Dollar ($45.00) fee will be added to the subscriber account in the event of any bank returned check. If more than one check is returned, we will only accept certified funds for payment on the account.
We accept personal and business checks and ACH Payments. Credit card payments incur a 3% fee, available upon request.
All payments must be made payable to Kitsap Communications, LLC.
Termination:
Service may only be terminated by Kitsap Communications, LLC due to non-payment or pursuant to a legal court order. The Subscriber may terminate this Agreement by submitting a written request for termination, whether by email, facsimile, U.S. Mail, or telephone, to the addresses or phone numbers specified in this agreement. If such request is received prior to the close of business, the termination shall be effective as of the next business day.
Additional Fees:
There shall be no fees associated with the termination of the Services.
In the event that special construction or additional equipment, including but not limited to longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included in the standard installation. Additional labor provided by Kitsap Communications, LLC shall be billed at $125.00/hr. Kitsap Communications, LLC will work with the Subscriber to locate a 3rd party contractor to complete the work at no additional cost if requested.
Refund Policy:
Refunds will not be offered. Installation fees cannot be refunded. If you are unsatisfied for any reason with the service provided and wish to disconnect, please contact customer support. This includes the standard installation cost and the first month’s plan cost. In the event that parts/labor or other charges are required in addition to the standard installation fee during service installation, those charges will not be refunded.
We may, at our discretion, refund partial or whole month payments upon service termination. To request a refund, contact customer service at 360.638.6116 or email hello@kitsapwifi.com.
Equipment and Scope of Work:
All equipment, modems, subscriber modules, antennas and standard mounting equipment, will at all times remain the property of Kitsap Communications, LLC. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by Kitsap Communications, LLC in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Kitsap Communications, LLC to retrieve from Subscriber’s premises equipment that is owned by Kitsap Communications, LLC.
Standard Maintenance:
Kitsap Communications, LLC’s connection point ends at the Subscriber Module. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Kitsap Communications, LLC’s network and backbone connectivity.
If your connection ceases to function properly but Kitsap Communications, LLC’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (8AM-4PM, Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the “Not covered by Standard Maintenance” section, Kitsap Communications, LLC’s standard hourly rates apply ($125.00/hr.).
Not Covered by Standard Maintenance:
The following work is not covered by Kitsap Communications, LLC’s standard maintenance: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by Kitsap Communications, LLC, or from any cause related to or other than the intended and ordinary use; antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates ($125.00/hr.).
Indemnification/Release:
Subscriber, its agents, successors and/or assigns expressly agree to indemnify and release Kitsap Communications, LLC, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Kitsap Communications, LLC’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Kitsap Communications, LLC’s service from any source or to any recipient. Subscriber further releases Kitsap Communications, LLC from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Kitsap Communications, LLC’s systems and/or the wireless network. Subscriber’s release of Kitsap Communications, LLC includes any actions or inaction by Kitsap Communications, LLC that amount to negligence. Subscriber further agrees to indemnify and hold harmless Kitsap Communications, LLC from and against any and all claims, actions, causes of action, losses or damages, including attorney’s fees, which in any way arise from Subscriber’s installation of, use of, termination of, Kitsap Communications, LLC’s services herein.
Disclaimer:
Kitsap Communications, LLC assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Kitsap Communications, LLC’s services. Kitsap Communications, LLC discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Kitsap Communications, LLC which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit of offensive content. Subscriber acknowledges to Kitsap Communications, LLC that its use of Kitsap Communications, LLC’s service to access information, content or other services is at its own risk.
Governing Law and Venue:
The laws of the State of Washington shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Kitsap County, Washington. In any court action relating to the terms of this Agreement, the losing party shall pay the prevailing party its reasonable attorney fees and costs incurred in such action.
Customer Agreement:
The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.
Permitting and Landlord Approval:
It is the Subscriber’s responsibility to obtain any required permits, homeowner associations approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the antenna on the Subscribers building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receiver Kitsap Communications, LLC.’ services.
Changes to Agreement:
You can review the most current version of these terms at any time at this page.
Entire Agreement:
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
This Agreement, our Terms of Service and any policies or operating rules posted by us on our website at www.kitsapwifi.com or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Kitsap Communications, LLC Contact Information
Please direct all questions to hello@kitsapwifi.com via email, 360.638.6116 via phone.
All letters and parcels should be addressed to Kitsap Communications, LLC
Parcel Shipments & Office: 11175 NE 2nd St, Kingston, WA, 98346
USPS & Payment Mailing: 8202 NE State Hwy 104, #103-136, Kingston, WA, 98346