NEXTLINK PROTECTION PLAN
Terms and Conditions
Nextlink Protection Plan
Updated as of October 12, 2022
Nextlink offers Protection Plan for customers, which cover diagnostics and repair to the inside wire, jacks, and equipment associated with the customer’s Nextlink services:
The Nextlink Protection Plan (“NPP”) is an optional service available to Nextlink customers which covers diagnostics and repairs to the inside wire, jacks, and equipment associated with the customer’s Nextlink Services. New customers who subscribe to the NPP plan will receive protection as soon as the Nextlink service is turned on or for existing customers, the plan is effective the day that the Customer subscribes to the plan. (Subject to the Plan Exclusions listed below.)
The plans provide the following service:
- Nextlink will perform necessary diagnostics and repairs to the inside wire, jacks, and equipment associated with the Customer’s Nextlink services, in accordance with Nextlink’s standard repair procedures if deemed necessary after the standard trouble-shooting process with Nextlink Technical Support.
- The plan includes coverage of any dispatch required to the customer’s premises to perform above stated work.
- To request maintenance service under this plan, the customer should contact Nextlink at 855-698-5465 and follow the voice prompts.
NPP is an unregulated monthly service in all states. If you choose not to subscribe to the plan and your wiring, jacks, and/or equipment need repair, you may contact Nextlink to make the repair at Nextlink’s then-current rates, or you may obtain maintenance and repair services from another company, or you may perform the repair yourself.
If you rent your home or office, you should be aware that landlords may be responsible for repairs and maintenance of wiring and jacks. Check with your landlord or your lease to determine who is responsible for maintenance and repair.
The charges for the Protection Plan are subject to change by Nextlink from time to time, as more fully described in the next paragraph. All charges, plus all applicable taxes, shall be due and payable by the due date stated on Nextlink’s bill. Payments received after that date might be subject to a late payment charge. Charges for NPP are assessed monthly.
There are three (3) price plans for NPP based on the account profile of the customer. The Residential Protection Plan can be applied to service subscribed to within a single-family home. The Business Protection Plan can be applied to service subscribed to within a commercial dwelling whose maximum occupancy is ≤20. The Commercial Protection Plan can be applied to service subscribed to within a commercial dwelling whose maximum occupancy is ≥ 21.
- Residential Protection Plan = $4.99/month
- Business Protection Plan = $6.99/month
- Commercial Protection Plan = $9.99/month
CHANGES IN MONTHLY CHARGES, TERMS AND CONDITIONS:
THE CHARGES FOR THESE PLANS, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THESE PLANS, INCLUDING THE PROVISIONS THAT GOVERN THE WAY THAT YOU AND NEXTLINK RESOLVE DISPUTES, MAY BE CHANGED BY NEXTLINK AT ANY TIME UPON AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF ELECTRONIC MAIL, A BILL INSERT OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BY THE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLANS. UNLESS NEXTLINK PROVIDES OTHERWISE, THE CUSTOMER ACCEPTS THE REVISIONS AND AGREES TO ABIDE BY THEM BY CONTINUING TO USE THE SERVICE AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS IF THE CUSTOMER DOES NOT WISH TO CONTINUE RECEIVING THESE PLANS UNDER SUCH REVISED CHARGES, TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATE PARTICIPATION UNDER THE PLANS AT ANY TIME UPON NOTICE TO NEXTLINK.
LIMITATION OF LIABILITY
In no event, however, shall Nextlink, its affiliated companies, their employees, agents and contractors have any liability for special, indirect, incidental or consequential damages resulting from the provision of or failure to provide service under these plans, or from any fault, failure, defect or deficiency in any service, labor, material, work or product furnished in connection with these plans (such as, but not limited to, service outages and any loss of use of wiring, jacks or equipment beyond the jack, and any damages resulting there from). These limitations of and exclusions from liability shall apply regardless of whether a claim or remedy is sought in contract, tort (including negligence and strict liability), or otherwise.
These Plans are only available to Nextlink customers. The Plans only cover the wiring, jacks, and equipment in and outside of the dwelling that deliver Nextlink services.
PLAN COVERAGE EFFECTIVE OCTOBER 12, 2022:
- Diagnostics and repairs to the Customer’s standard wire, jacks, and equipment associated with Nextlink service covered under the Protection Plan (subject to the Plan Exclusions listed below) that become necessary and are reported to Nextlink while you are enrolled under the Protection Plan.
- Repair of wiring run from ONT/NID to Home Router and/or Phone (Only if original was installed by Nextlink)
- Replacement of defective jacks (Only if original was installed by Nextlink)
- Replacement of defective equipment (Only if original was installed by Nextlink)
The Plans do not apply to repair of/or:
- Wire, jack, or equipment malfunctions or problems which arise prior to the commencement of the Customer’s coverage under the Protection Plan,
- Inside wiring and jack(s) which are non-standard or fail to meet Nextlink’s technical standards. NOTE: If it is possible to fix the trouble by making temporary repairs to non or sub-standard wiring, NPP will cover the temporary repairs.
- Restoration of your premises if you ask Nextlink to repair concealed wire.
- Customer provided equipment (instruments, modems, security systems, satellite TV dishes, etc.).
- Repair of jacks not previously connected to the line reported.
- Wiring, jacks, equipment or other items used in connection with your line if the line is provided by a Company other than Nextlink.
- Wiring, jacks, and equipment for marine activity, recreational vehicles (RVs) and construction trailers or other temporary or moveable structures.
- Extensions located at a different address. (NPP covers wiring that is within the same property lines as the main line).
- NPP does not guarantee a service call if standard troubleshooting with Nextlink Technical Support can diagnose and resolve the issue.
- NPP does not guarantee an expedited service call or response time.
(1) If a Nextlink Technician comes to your home to perform repairs to your wire or jack(s), and the problem is in your associated equipment (e.g., modem or fax machine), you will be required to pay a Service Charge for the visit plus a minimum 30 minute labor charge at Nextlink’s then-applicable rates.
(2) On all repairs Nextlink does not “fish” walls. If wall-run wire cannot be used to run replacement wire the Nextlink Technician will run replacement cable via baseboard only.
The Customer may terminate participation in the Protection Plan at any time simply by notifying Nextlink’s local business office (or such other number that Nextlink may designate for such purpose). Nextlink may terminate the Customer’s participation in the Protection Plans without cause only upon thirty (30) days prior notice to Customer, but at any time in the event Customer fails to pay all applicable charges when due.
Commencement of coverage under the Protection Plan shall be effective on the date the Customer requests to commence the Plan. Termination of coverage under the Protection Plan shall be effective on a date to be determined by Nextlink, which shall not be more than 30 days after Nextlink receives the Customer’s requests to terminate the Plan.
CHOICE OF LAW
Except as otherwise required by law, the Customer and Nextlink agree that the Federal Arbitration Act and the substantive laws of the state of the Customer’s billing address, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS THE CUSTOMER AND NEXTLINK AGREE OTHERWISE, THE CUSTOMER AND NEXTLINK CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF THE CUSTOMER’S BILLING ADDRESS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim the Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
ARBITRATION OR SMALL CLAIMS ACTIONS.
NEXTLINK HOPES TO MAKE YOU A HAPPY CUSTOMER, AND THAT ALL ISSUES RELATED TO THE CUSTOMER’S ACCOUNT OR NEXTLINK SERVICE CAN BE RESOLVED THROUGH NEXTLINK’S CUSTOMER SERVICE DEPARTMENT, WHICH CAN BE REACHED BY CALLING THE NUMBER ON THE CUSTOMER’S BILL OR GOING TO THE “CONTACT US” LINK ON NEXTLINK’S WEBSITE, https://nextlinkinternet.com/support-center/contact-us/. BUT IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH PARTIES. THE CUSTOMER AND NEXTLINK BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. BOTH PARTIES ALSO AGREE IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO.
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES THE CUSTOMER RECEIVES FROM NEXTLINK (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). THE CUSTOMER CAN ALSO BRING ANY ISSUES HE/SHE MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, MAY SEEK RELIEF AGAINST NEXTLINK ON THE BEHALF OF THE CUSTOMER.
UNLESS THE CUSTOMER AND NEXTLINK AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF THE CUSTOMER’S BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. THE PROCEDURES, RULES AND FEE INFORMATION ARE AVAILABLE FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM NEXTLINK. FOR CLAIMS OF $10,000 OR LESS, THET CUSTOMER MAY CHOOSE WHETHER THE CUSTOMER WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR SHALL NOT HAVE THE POWER TO DETERMINE THAT CLASS ARBITRATION IS PERMISSIBLE. THE ARBITRATOR ALSO SHALL NOT HAVE THE POWER TO PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION, OR TO AWARD ANY FORM OF CLASSWIDE OR COLLECTIVE REMEDY. INSTEAD, THE ARBITRATOR SHALL HAVE POWER TO AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. NO AAA OR BBB RULE WILL APPLY IF IT CONFLICTS WITH THE PROVISIONS OF THIS AGREEMENT. IN ADDITION, NOTWITHSTANDING ANY CONTRARY PROVISION IN THE AAA OR BBB RULES, THE ARBITRATOR WILL BE BOUND TO APPLY LEGAL PRINCIPLES AND THE LAWS THAT GOVERN THIS AGREEMENT, AND DOES NOT HAVE THE POWER TO AWARD ANY RELIEF THAT IS NOT AUTHORIZED BY SUCH LAWS.
IF EITHER PARTY INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO NEXTLINK SHOULD BE SENT TO LEGAL@TEAM.NXLINK.COM OR TO NEXTLINK DISPUTE RESOLUTION MANAGER, 95 PARKER OAKS LAND, HUDSON OAKS, TX 76087. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF THE PARTIES ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. NEXTLINK WILL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES THE CUSTOMER FOR ARBITRATION OF THE DISPUTE. IF THE CUSTOMER PROVIDES A SIGNED WRITTEN NOTICE THAT HE/SHE CANNOT PAY THE FILING FEE, NEXTLINK WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, NEXTLINK WILL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.
NEXTLINK MAY, BUT IS NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF THE CUSTOMER DOES NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS THE CUSTOMER AN AMOUNT OF MONEY THAT IS MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF NEXTLINK DOES NOT MAKE AN OFFER, AND THE ARBITRATOR AWARDS THE CUSTOMER ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN NEXTLINK AGREES TO PAY YOU
$5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE NEXTLINK ALSO AGREES TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR THE CASE. IF THE ARBITRATOR AWARDS THE CUSTOMER MORE THAN $5000, THEN WE WILL PAY THAT AMOUNT TO THE CUSTOMER.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE CUSTOMER AND NEXTLINK AGREE THAT THERE WILL NOT BE A JURY TRIAL. THE CUSTOMER AND NEXTLINK UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDINGOR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
In the event that any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision.
Nextlink shall not be liable for any delay or failure to perform its obligations if such delay or non-performance arises in connection with any acts of God, fires, floods, strikes, or other labor disputes, unusually severe weather, acts of any governmental body, or any other cause beyond the reasonable control of Nextlink.
These Terms and Conditions constitute the complete and exclusive terms and conditions pursuant to which Nextlink provides Protection Plan services to you; there are no other agreements, oral or written, relating to these services.