These Terms and Conditions and the preceding pages are an agreement ("Agreement for wireless radio telecommunications services and related services and/or features ("Service between you and Cellular One for Service associated with your assigned telephone, data and/or messaging number(s) ("Number for the Term of this Agreement, without regard to where you reside or work. The terms and conditions of your Service are governed by this Agreement and the rates and terms of the calling, data or mobile Internet plans, features and/or promotions you select as described in Calling Plan, feature and promotional brochures and materials (your "Calling Plan and at www.cellonenation.com, all of which you acknowledge were provided when you activated Service and are a part of this Agreement. The term "Phone" means the the SIM (Subscriber Identity Module) Card and/or wireless receiving and transmitting equipment that we have authorized to be programmed with the Number, and any accessories. If you 1) use the Service or the Phone or 2) accept any benefit in exchange for committing to new terms and conditions and/or a new contract term, or 3) pay any amount billed to your account, you consent to the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Service or Phone and notify us immediately to cancel service.
1. SERVICE. a. TERM; EARLY TERMINATION FEE. The term of this Agreement ("Term") for each Number depends on the selected Calling Plan, services, features or promotions shown on the front of this Agreement ("Calling Plan. The Term for each Number begins on the date we activate Service for that Number and ends on the expiration date ("Service Commitment. If you select a Calling Plan, service, feature or promotion which requires a Service Commitment of more than one month (such as a one-year Calling Plan, service, feature or promotion), you agree to purchase service for the full term of the Service Commitment. After the fixed term expires, or if you are not on a fixed term (such as a "monthly" Calling Plan, service, feature or promotion), this Agreement will continue month-to-month until terminated by either party upon not less than 30 days advance written notice. If you terminate before the end of your Service Commitment for any reason other than a) in accordance with the satisfaction guarantee policy within 30 days after initial Service activation or b) pursuant to a change of terms, conditions or rates as set forth below, or if we terminate following your default or as otherwise permitted herein, including if you port the Number to another carrier during the Service Commitment, you will be in material breach of this Agreement. You agree our damages will be difficult or impossible to determine and, as a reasonable estimate of our damages and in addition to all other amounts owing, you agree to pay us a Cancellation Fee in the amount of $175 for each Number. You may not be eligible for new customer promotions in the future. If at the time the Service is initiated we are unable to port a telephone number into our Service from another carrier, you may request that we assign you a different telephone number, or you may choose to terminate this Agreement, but agree to pay for any service or equipment used prior to the termination.
b. RATES. Your Service rates and other charges and conditions for each Number or Phone are described in your Calling Plan. All Calling Plans are not available in all areas. Cellular One Calling Plan rates do not include taxes and fees unless specifically noted. If you lose eligibility for a Calling Plan, we may terminate your Service or, at our option, offer you a different Calling Plan for which you are eligible. If you misrepresent your eligibility for any Calling Plan, you agree to pay us the additional amount you would have been charged under the most favorable Calling Plan for which you are eligible. We may also charge you for other reasonable taxes, charges, and cost recovery, including fees to port a telephone number into our Service from another carrier, or to port a telephone number out of our Service to another carrier.
c. AVAILABILITY / INTERRUPTION. Service is normally available when your Phone is within the operating range of our system and may be available outside of that area in other participating carrier service areas (Roaming). Service is subject to transmission limitations and interruptions, which may be caused by weather, terrain, obstructions such as trees or buildings, Roaming, and other conditions. Service may be limited where coverage is unavailable or temporarily limited for reasons beyond our control, system capacity limitations, repairs or modifications, priority access by government personnel in emergencies, or in response to suspected fraud, misuse, or viruses. Interruption may result from nonpayment of charges by you. We may block calls to categories of numbers (e.g. 976, 900 and certain International destinations) if, in our sole discretion, we experience excessive billing, collection, fraud or network misuse with calls to those numbers. Coverage gaps exist within the service areas shown on our coverage maps, which by their nature are approximations of actual coverage. We do not guarantee uninterrupted Service or coverage. We cannot assure you that if you place a 911 call you will be located or make any other assurances about 911 availability or functions. When calling 911, always tell the operator your location, phone number, and nature of the emergency.
d. USE OF SERVICE/PHONE/NUMBER. You agree not to use the Phone or Service for any unlawful or abusive purpose or in any way that damages our property or interferes with or disrupts our system or other users. You will comply with all laws while using the Service and will not transmit anything that violates any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content transmitted through your Phone. Resale of Service is prohibited without prior written contract with us and any required regulatory approvals. You are responsible for ensuring your Phone is compatible with the Service and meets federal standards. We may refuse to permit equipment acquired from others to be used with our Service, to any extent permitted by law. You may not install any amplifiers, enhancers, repeaters or other devices that may modify, disrupt or harmfully interfere with our authorized radio frequencies. You have no ownership rights in any Number, IP address or e-mail address we provide, and you agree we may Change these at any time with or without prior notice to you. By using Service, you agree to abide by the terms and conditions of any applicable software licenses. e. NUMBER PORTABILITY. If you ask us to port a telephone number from another carrier to use as the Number for the Service, you specifically authorize us to communicate and exchange Information with that carrier to validate and complete the port and to port your telephone number. We will make every effort to honor your request. Our ability to do so may be restricted by factors such as the policies or actions of the other carrier, the telephone number rate center, or other technical, regulatory, or contractual limits. If you terminate Service pursuant to this Agreement, we will make every effort to honor your request to port the Number out. We may refuse if the other carrier cannot provide adequate validation Information for your account. We may be unable to complete a port if the port request is received after the account is terminated. You acknowledge that E-911 service will be impaired during processing of a port.
e. NUMBER PORTABILITY. If you ask us to port a telephone number from another carrier to use as the Number for the Service, you specifically authorize us to communicate and exchange Information with that carrier to validate and complete the port and to port your telephone number. We will make every effort to honor your request. Our ability to do so may be restricted by factors such as the policies or actions of the other carrier, the telephone number rate center, or other technical, regulatory, or contractual limits. If you terminate Service pursuant to this Agreement, we will make every effort to honor your request to port the Number out. We may refuse if the other carrier cannot provide adequate validation Information for your account. We may be unable to complete a port if the port request is received after the account is terminated. You acknowledge that E-911 service will be impaired during processing of a port.
f. UNAUTHORIZED USAGE. You may not program the Number into any equipment other than the Phone or change the Phone electronic serial number (ESN) or Equipment Identifier (EID). If your Phone is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all such charges to your account. We have the right to interrupt or restrict Service without notice to you, if we suspect fraudulent, illegal or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to reasonably cooperate will result in your liability for all fraudulent usage.
2. CHARGES/PAYMENTS/DEFAULT. a. CHARGES. You are responsible for paying all charges to your account including, but not limited to: outgoing and incoming airtime, access, features, data usage, messages, roaming, long distance, fees, charges, third party charges, directory and operator assistance charges, the price of Phones and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service or purchase of goods. If you activate Service on behalf of an entity but were not so authorized, you will be personally responsible for all charges to the account and bound by this Agreement as if you had activated Service on your own behalf. Roaming charges may apply to calls placed from outside your home/local calling area, ordinarily meaning our owned network in your state, or as defined in your Calling Plan. Roaming and long distance charges apply outside the 48 contiguous United States. We reserve the right to deliver some or all of your long distance calls to a long distance provider of our choice. For all incoming and outgoing Service, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to initiate or answer a call until approximately the time you press "End' or other key to terminate the call. Airtime usage is billed in full minute increments, with partial minutes of use rounded up to the next full minute. Your phone can process more than one call at a time. Certain calls or features involve multiple calls and you will be charged separately for each minute of use. These include forwarded calls (into your phone and out to a forwarded number), call waiting, conference calling and unanswered incoming calls to voicemail. You will not be charged for busy or unconnected calls made from or received in your local area (as defined in your Calling Plan) if you press "End" or "No" in a reasonable time. If your Calling Plan includes a predetermined allotment of Service (airtime, megabytes or text messages), unless otherwise specifically provided in the Calling Plan, any unused allotment from one billing cycle will not carry over to any other billing cycle. If your Calling Plan includes Mobile-to-Mobile Minutes, only voice calls between Cellular One Devices that are placed, received and completed entirely on your home/local Network will be billed as such Minutes. Local and roaming overage charges will apply to airtime exceeding any set number of minutes included in your Calling Plan. Some Calling Plans may require a certain percentage of usage on our Cellular One home/local network. Please refer to your Calling Plan brochure or www.cellonenation.com, or ask store for details. Data usage is billed in kilobytes or by event, depending on your Calling Plan. Partial kilobytes are rounded up to the next kilobyte. You are responsible for all data usage associated with your Phone, regardless of whether receipt or transmission is successful. calls to voicemail. You will not be charged for busy or unconnected calls made from or received in your local area (as defined in your Calling Plan) if you press "End" or "No" in a reasonable time. If your Calling Plan includes a predetermined allotment of Service (airtime, megabytes or text messages), unless otherwise specifically provided in the Calling Plan, any unused allotment from one billing cycle will not carry over to any other billing cycle. If your Calling Plan includes Mobile-to-Mobile Minutes, only voice calls between Cellular One Devices that are placed, received and completed entirely on your home/local Network will be billed as such Minutes. Local and roaming overage charges will apply to airtime exceeding any set number of minutes included in your Calling Plan. Some Calling Plans may require a certain percentage of usage on our Cellular One home/local network. Please refer to your Calling Plan brochure or www.cellonenation.com, or ask store for details. Data usage is billed in kilobytes or by event, depending on your Calling Plan. Partial kilobytes are rounded up to the next kilobyte. You are responsible for all data usage associated with your Phone, regardless of whether receipt or transmission is successful.
b. BILLING AND PAYMENT. Your bill format may change from time to time at our option. Payment of all charges is due on receipt of invoice. Billing cycle dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations. Airtime, if billed in a subsequent month due to delayed reporting between carriers, will be charged as if used in the month billed. If you authorized payment by credit card or ACH (Automatic Clearing House), no additional notice or consent will be required to bill that card or account.
c. LATE PAYMENTS/DISPUTES. Time is of the essence for payment. Therefore, you agree to pay us a monthly late payment fee for amounts unpaid 21 days after the date of the invoice in the amount of the greater of $10 or 2% of your unpaid balance. Acceptance of late or partial payments (even if marked "Paid in full") shall not waive any of our rights to collect the full amount due. We will assess an additional fee of up to the maximum amount allowed by law, for any check returned for nonpayment. All amounts due, including disputed amounts, must be paid by due date regardless of the status of any objection. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction, must be (i) in writing, (ii) marked "Billing Dispute" on the outside of the envelope, (iii) sent to our address on the front of the Agreement, and (iv) received by us within 30 days after receipt of the invoice. If any of these requirements is not met you will waive any objection.
d. DEFAULT/TERMINATION. If you fail to pay any amount owed to us or an affiliate within 21 days after the invoice date, or if you have amounts still owing to us or an affiliate of ours from a prior account or if you breach any representation to us or fail to perform any of the promises you made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default. You will be in default if you behave in an abusive, derogatory, threatening or other unreasonable manner with any of our officers or employees. If you are in default we may, without notice to you, suspend Service and/or terminate this Agreement in addition to all other remedies available to us. You remain responsible for paying your monthly Service fees if your Service is suspended for Default. We may require reactivation charges to renew Service after termination or suspension. Upon termination and/or porting the Number to another carrier, you remain responsible for payment of all amounts and charges owing under this Agreement, including any Cancellation Fee. You agree to pay all costs, fees and expenses, including reasonable attorneys? fees, collection fees, and court costs, we incur in enforcing this Agreement. Third Party promotions and/or discounts may terminate upon termination of this Agreement.
e. DEPOSITS/SERVICE LIMITS/CREDIT REPORTS/RETURN OF BALANCES. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information about you, and you consent to our rechecking and reporting personal and/or business payment and credit history. If you believe we have reported inaccurate information to a consumer reporting agency, you may send a written notice describing the specific inaccuracy to the address on this Agreement. We may require a deposit or set a service limit to establish, maintain or reactivate Service. The deposit will be held as a partial guarantee of payment; it cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. We may require you to increase your deposit to reflect estimated monthly charges based on actual usage or our reevaluation of your ability to pay. You may request deposit reevaluation annually which may result in a partial or total deposit refund or credit. If you breach this Agreement or it is terminated, we may, without notice to you, apply any deposit towards payment of any charges due. At your request after termination we will return any remaining deposit or other amount due to you by mail to your address in our records, except any amount under $10 will be retained by us to cover the cost of closing your account. If you do not cash a returned payment within one year after it is sent, the amount shall be treated as forfeited by you.
f. ACCOUNT INFORMATION. Any authorized Agent or Person so designated on the front of this agreement (as changed by you from time to time in writing), or any person authorized by you in writing, may receive information about and make changes to your account. If a business or government entity pays or is liable for your Service charges, you authorize us to share your account information with that entity and its authorized agents. Any person providing your name, password and Number may receive information about and make changes to your account, including adding new Service.
g. CPNI CONSENT. Under federal law, you have a right, and we have a duty, to protect the confidentiality of your Customer Proprietary Network Information (CPNI). CPNI is information about your telephone use, services you buy from us, who you call, and the location of your device when you make a voice call. We will not without your consent sell or disclose CPNI to third parties not affiliated or authorized by us to sell products and services or perform functions on our behalf. By signing this Agreement, you consent to the provisions of this paragraph; this consent, or any denial by you of it, survives termination of your Service and is valid until you remove it. You consent to us using and sharing your CPNI with our affiliates and contractors to develop or bring to your attention any products or services. To revoke your consent to optional uses of your CPNI, notify us at any time in writing to our address on this Agreement, providing your name, home address, home phone number including area code, wireless phone number including area code, service billing address, and service account number. Revoking consent will not affect your current Service or otherwise alter terms of this Agreement. We may use and share your CPNI with our affiliates, contractors, and other carriers, to provide and bill for the Service, offer telecommunications services of the type you already purchase from us, investigate and protect against fraud and unlawful use of our network and services, validate and/or accomplish any request for number portability, and for legal and regulatory reasons such as court order or subpoena.
3. DATA SERVICES. a. ADDITIONAL TERMS AND CONDITIONS. These Section 3 terms and conditions are in addition to the other terms and conditions of this Agreement, and govern Cellular One data products, and features (the "Data Services, and are subject to change without notice.
b. DATA USE. We may take any action we deem necessary to protect our network and other customers? usage, and reserve the right to limit or discontinue your use of Data Services without notice for any reason. Certain Calling Plans limit available content and Internet traffic. The Data Services are available only on our network and networks of our data roaming partners. An MMS (Media Messaging Service) capable phone is required for picture messaging. When using Data Services while roaming, per kilobyte charges will apply. You will be charged for all data sent by or to you through the network, whether or not received. Any fraction of a kilobyte used will be rounded up to the next kilobyte for billing and for measuring usage. Cellular One is not responsible for any content of messages or attachments, regardless of format. We may screen and delete information before delivery. Messages may be blocked through our filters designed to prevent spam and protect our Network.
c. PERMITTED DATA USES OF HANDSET SERVICE . Ordinary voice plans ("Handset Service Plans") may be used for web browsing and downloading directly using your Phone. These plans may not be used to connect a handset to a computer for Internet access, nor to tether the device (via, without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth?? or other wireless technology) to computers or other equipment .
d. PERMITTED USES OF DATA SERVICE. Data Service Plans may be used to connect a computer to the Internet through an authorized data cable or mobile PC card. Data Services may not be used: (a) as a substitute or backup for private lines or dedicated data connections, if your Calling Plan includes an unlimited minutes component; (b) for any activity that adversely affects the ability of other people or systems to use either the Services or Internet based resources including, but not limited to, excessive consumption of network or system resources (even if unintentional); (c) in a way that interferes with or disrupts other network users, services or equipment; or (d) for resale or enabling others to use for a fee, or for use in a business whose primary operations include data transfer for others.
e. CONTENT PROVIDERS. Cellular One may provide links to and billings services for certain content providers in order that you may have the convenience of paying for their products and services on your monthly Cellular One bill. We are not responsible for information or products provided nor any other aspect of your dealings with these content providers. We are not responsible for any loss or injury arising out of or caused, in whole or in part, by any information acquired through such content providers or through any general information found on the Internet through use of the Service. The accuracy, appropriateness, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information, product or downloaded data is not guaranteed or warranted by Cellular One; and we are not responsible for any of these matters. We are not responsible for the safety or security of any information you provide to content providers or other third parties while using the Service, nor for results or events relating to or in connection with such information provision.
f. You agree to purchase Service for the full term of the Service Commitment. If you terminate Service before the end of six months, or if we terminate following your default before the end of six months, you will be in default, and you agree our damages will be difficult or impossible to determine. In such event, you agree to pay an Early Termination Fee of $100 for BlackBerry, Smartphone, and Data Service services or features. This Early Termination Fee is in addition to any Cancellation Fee that may apply to your voice plan.
4. CHANGES. WE MAY AMEND THE TERMS OF THIS AGREEMENT, INCLUDING THE RATE PLAN, UPON 30 DAYS ADVANCE NOTICE TO YOU AT THE BILLING ADDRESS. If you do not agree, you may cancel by giving us notice within 20 days of our notice, without any Cancellation Fee. If you use the Service more than 20 days after our notice, you agree to that change. If we allow you to suspend your account temporarily, we may extend the Term by the length of the suspension. We reserve the right to terminate or change your service plan if less than 50% of usage is on the home/local network in any billing cycle. The terms of our plan collateral and acceptable use policies are incorporated by reference, and subject to change without notice.
5. LIMITATIONS. The limitations in this section will only apply to the extent permitted by law of the applicable jurisdictions. a. LIMITATION OF LIABILITY. We and our primary equipment vendor are not liable for acts or omissions of another service provider or another customer, for information provided through your Phone, equipment failure or modification, or causes beyond our reasonable control, for Service outages, nor for Service limitations or interruptions, as described in paragraph 1 c above, nor for any loss of information or interruption of the service. Our liability and that of our primary equipment vendor the liability of any carrier for any failure or mistake shall in no event exceed our Service charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits or lost revenues. We and any underlying carrier are not liable for (i) economic loss or injuries to persons or property arising from use of the Service, the Phone or any equipment used in connection with the Phone unless caused by our sole gross negligence, or (ii) the installation or repair of the Phone by any parties who are not our employees. We are not liable for any acts associated with the proper exercise of rights under the privacy and/or unauthorized usage provisions of this Agreement. We are not liable for any privacy, red flag rule or CPNI violations by any third party, including, without limitation, any entity or person asserting that it is our agent. This paragraph shall survive termination of this Agreement.
b. INDEMNIFICATION. You agree to defend, indemnify and hold us, our affiliates and agents, primary equipment vendor and any other service provider harmless from any claims, losses or damages relating to this Agreement or your promises or statements and/or from use of the Phone or Service unless due to our sole or gross negligence. You agree to pay our reasonable attorneys and expert witness fees and costs incurred in enforcing this Agreement through appeal except as provided below. You are responsible for legal compliance for use of your Phone while operating a motor vehicle. You shall indemnify us from claims arising from any such unlawful use. This paragraph survives termination of this Agreement.
c. NO WARRANTIES. We make no express warranty for the Service or the Phone and disclaim any implied warranty, including warranty of merchantability or particular purpose. We do not authorize anyone to warrant on our behalf and you should not rely on any such statement. We did not manufacture the Phone, and any statement regarding it should not be interpreted as a warranty. This paragraph shall survive termination.
6. MISCELLANEOUS. a. PRIVACY. We are not liable for any lack of privacy of the Service. We may release information about you when requested by you or your Dealer; in good faith reliance on legal process; to enforce or apply our customer agreements; to protect our rights or property, or those of third parties; where we reasonably believe an emergency threatens immediate danger of death or serious physical injury and justifies disclosure without delay. You consent to our monitoring and recording of calls to us concerning your account or the Service. Your caller ID information (e.g. name and Number) may be displayed on the equipment or bill of the call recipient; technical limitations may prevent you from blocking caller ID.
b. ASSIGNMENT . We may assign or transfer all or part of this Agreement without that being considered a change to the Agreement and without notice to you; we are then released from all liability. You may not assign or transfer without our prior written consent.
c. NOTICES. Written notices will be effective and deemed received 3 days after deposit in US Mail addressed to your address in our files or immediately upon electronic delivery such as e-mail or SMS. You are responsible for notifying us of address changes. Written notice to our Customer Service mail address on your monthly bill will be effective when received by us. Oral notices are deemed effective on the date reflected in our records.
d. ENTIRE AGREEMENT. The Customer Service Agreement, including these Terms and Conditions, and any other documents made a part hereof, are the entire Agreement between you and us, which may only be amended as described herein. This Agreement supersedes any inconsistent or additional promises by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance remains enforceable.
e. GOVERNING LAWS. This Agreement is subject to applicable federal laws, and the laws of the state associated with the Number. If there is any inconsistency between this Agreement and those laws, this Agreement shall be deemed amended as necessary to conform to such regulations.
g. CAPACITY. You represent that you are legally competent to enter into this Agreement, over 18 years old and not aware of any disability that would prevent you from entering into this Agreement.
