General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR WIRELESS SERVICE
This is an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and the affiliate of AT&T Corp. licensed to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number"). The term "Phone" means the wireless receiving and transmitting equipment that we have authorized to be programmed with the Number and any accessories. IF YOU USE THE SERVICE OR THE PHONE, OR IF YOU PAY ANY AMOUNT BILLED TO YOUR ACCOUNT, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH 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 Cancellation Fee. The term of this Agreement depends on the Calling Plan, feature or promotion you select and is described in a separate AT&T Wireless Services Calling Plan or Rate Plan ("Calling Plan") or in feature or promotional materials, all of which are a part of this Agreement. If you activate PocketNet« service, your rates and any additional terms and conditions are described in a separate AT&T Wireless PocketNet« Service Plan which is a part of this Agreement. The term of this Agreement for each Number begins on the date we activate Service for that Number. IF YOU SELECT A CALLING PLAN, POCKETNET« SERVICE PLAN, FEATURE OR PROMOTION WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A ONE-YEAR PLAN), YOU AGREE TO PURCHASE SERVICE FOR THE FULL TERM. After the fixed term expires, or if you are not on a fixed term (such as a "monthly" plan), this Agreement will continue until terminated by either party with advance notice, if required in your Calling Plan. IF YOU SELECT A CALLING PLAN, FEATURE OR PROMOTION WITH A FIXED TERM, YOU MAY TERMINATE THIS AGREEMENT WITHIN 30 DAYS AFTER YOUR ACTIVATION DATE. IF YOU TERMINATE MORE THAN 30 DAYS AFTER YOUR ACTIVATION DATE, BUT BEFORE THE END OF YOUR FIXED TERM, OR WE TERMINATE FOLLOWING YOUR DEFAULT, YOU WILL BE IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR DAMAGES WILL BE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND AGREE TO PAY US, AS A REASONABLE ESTIMATE OF OUR DAMAGES AND IN ADDITION TO ALL OTHER AMOUNTS OWING, A CANCELLATION FEE FOR EACH NUMBER (THE ACTUAL AMOUNT OF WHICH IS REFLECTED IN THE CALLING PLAN OR FEATURE OR PROMOTIONAL MATERIALS).
b. Rates. Your Service rates and other charges and conditions for each Number or Phone are described in your Calling Plan and Welcome Guide (if applicable) and your PocketNet« Service Plan (if applicable), each of which is a part of this Agreement. If you lose your eligibility for a particular Calling Plan, we may change your Calling Plan upon prior notice to you. 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. If you select a Calling Plan with included airtime, unused included airtime from one billing cycle will not carry over to any other billing cycle.
c. Availability/Interruption. Service is available to your Phone when it is within the operating range of our system and may be available outside of that area in other participating carrier service areas. Service is subject to transmission limitation or interruption, and interruptions resulting from any nonpayment of charges by you. We may choose to block calls to certain categories of numbers (e.g. 976, 900 and certain international destinations) if, in our sole discretion, we are experiencing excessive billing, collection or fraud problems with calls to those numbers.
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 which damages our property or interferes with or disrupts our system or other users. You will comply with all laws while using the Service and you will not transmit any communication which would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit through your Phone. Resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Phone is compatible with our Service and meets federal standards. You have no ownership rights to the Number and agree we may change your Number by giving you notice. Your Phone may contain pre-installed software necessary to use Service. By using Service, you agree to abide by the terms and conditions of any applicable software license.
e. Unauthorized Usage. You may not program the Number into any equipment other than the Phone or change the electronic serial number (ESN) or Equipment Identifier (EID) of the Phone. 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 charges made to your account. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage.
2. CHARGES/PAYMENTS/DEFAULT a. Generally. You are responsible for paying all charges to your account, including but not limited to: airtime, access, features, data usage, roaming, long distance, directory and operator assistance charges, the price of Phones and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries imposed from time to time on you or us as a result of use of the Service on your account or the purchase of goods. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally responsible for all charges to the account. You may receive a separate bill for your long distance charges. 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 beginning when the "SND" (Send), "Yes" or other key which institutes a call is pressed and ending when the call disconnects from our system, which may be several seconds after the "End," "No" or other key which ends the call is pressed. If an incoming call has been forwarded to another phone number, you will be charged for the entire time that our switch handles the call. Airtime usage on each call is billed in full minute increments, with partial minutes of use rounded up to the next full minute. For calls made from or received in your home area (as defined in your Calling Plan), you will not be charged for busy or unconnected calls if you press "End" or "No" within a reasonable time. If your Phone is used as a pager, you will be charged for messages as described on your Calling Plan or PocketNet« Service Plan.
b. Billing and Payment. We will provide your bill in a format we choose, which may change from time to time. Payment of all charges is due upon receipt of invoice. Billing cycle end 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 usage may be billed in a subsequent month due to reporting between carriers. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card or account.
c. Late Payments/Disputes. Time is of the essence for payment. Therefore, you agree to pay us a late payment fee for amounts unpaid 20 days after the date of the invoice in the amount set forth in your Calling Plan. 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 under this Agreement. We will assess an additional fee in an amount set forth in your Calling Plan for any check returned for nonpayment. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Notice of any disputes must be in writing and received by us at our address within 30 days after receipt of invoice or you will waive any objection.
d. Default/Termination. If you fail to pay any amount owed to us or an affiliate of ours within 20 days after the date of the invoice, 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 and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs including reasonable attorneys fees, collection fees, and court costs we incur in enforcing this Agreement through any appeal.
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, and you consent to our rechecking and reporting personal and/or business payment and credit history. We may require a deposit or set a service limit to establish or maintain 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 at any time to reflect your estimated monthly charges based on actual usage or our reevaluation of your ability to pay. You may request that we reevaluate your deposit on an annual basis, which may result in a partial or total refund of the deposit to you or credit to your account. If you default or this Agreement is terminated, we may, without notice to you, apply any deposit towards payment of charges due. After approximately 90 days following termination of this Agreement, any remaining deposit or other credit balance in excess of $10 will be returned without interest to you at your last known address. You agree any amounts under $10 or amounts which are undeliverable will be debited to cover the extra costs of closing your account.
f. Service Restrictions. If Service Limit Monitoring is offered and chosen, you agree to the rules governing that feature, including applicable limits on the amount of Service that may be used before making a payment. We will notify you of any limits that we impose. If such limits are placed on your account, you may be required to pay for service with a valid major credit card. You agree to provide a credit card and not a debit card for this feature. You also agree to indemnify us for any claims or expenses resulting from your providing a debit card instead of a credit card. YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR SERVICE WHEN YOUR LIMIT HAS BEEN REACHED. THIS PRACTICE MAY RESULT IN YOUR CREDIT CARD BEING CHARGED MORE THAN ONE TIME IN A MONTH. If your credit card is invalid or payment is not made by the issuer of your credit card at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full. We may change the rules governing this feature, or may stop offering this feature any time upon notice to you.
g. Account Information. Any person able to provide your name, address, the last four digits of your social security number, and the Number is authorized by you to receive information about and make changes to your account, including adding new Numbers. If you are receiving Service on a business Calling Plan through your employer, you authorize us to share your account information with your employer.
h. CPNI Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with AT&T, its affiliates and its contractors, to develop or bring to your attention any products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at AT&T Wireless Services, Attn: CPNI, P.O. Box 97061, Redmond, WA 98073-9761, providing your (1) name, (2) home address, (3) home telephone number including area code, (4) Number including area code, (5) Service billing address, and (6) Service account number. Removing consent will not affect your current wireless service or the provisions or paragraph 2.g., above.
3. CHANGES TO THIS AGREEMENT We may amend the terms of this Agreement, including the Calling Plan and Welcome Guide and PocketNet« Service Plan, upon advance notice. If you do not agree to the amendment, you may terminate the Agreement by giving us notice within 20 days of the date we mail our notice, and you will not be charged any early cancellation fee. If you use the Service more than 20 days after we mail notice of a change, you agree to that change. You have the option to change your Calling Plan or features at any time by notifying us, and you may take advantage of those of our promotions for which you qualify, provided that you comply with any requirements of the change or the promotion, including, where applicable, extending the term of this Agreement. Any change will take effect by your next billing cycle. If you transfer to a Calling Plan having a term which is shorter than your previous Calling Plan, you may remain obligated for the term of the previous Calling Plan. If we allow you to suspend your account for a temporary period, we may extend the term of your Agreement by the length of the temporary suspension.
4. LIMITATIONS a. Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, FOR INFORMATION PROVIDED THROUGH YOUR PHONE, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND OUR REASONABLE CONTROL. WE ARE NOT LIABLE FOR SERVICE OUTAGES OF 24 HOURS OR LESS. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. WE 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 AND/OR 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 ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
b. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE PHONE OR SERVICE UNLESS DUE TO OUR SOLE AND/OR GROSS NEGLIGENCE. AMONG OTHER THINGS, YOU MUST PAY ALL CHARGES OF ANY LONG DISTANCE COMPANY WHICH CARRIES YOUR CALLS, EVEN IF WE CONNECT YOUR CALL TO A LONG DISTANCE COMPANY OTHER THAN THE ONE YOU REQUEST. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH ANY APPEAL. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
c. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE PHONE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE PHONE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
5. MISCELLANEOUS a. Privacy. We are not liable for any lack of privacy which may be experienced with regard to the Service. You authorize our monitoring and recording of calls to us concerning your account or the Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmissions over our facilities in order to protect our rights or property.
b. Assignment. We may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent.
c. Notices. Written notices to you shall be effective 3 days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Customer Care Department and received at our address. Your notice must specify your account number and Service Number. Oral notices shall be deemed effective on the date reflected in our records.
d. Entire Agreement. These General Terms and Conditions, together with any other documents directly or indirectly made a part of these General Terms and Conditions, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional promises made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
e. Governing Laws. This Agreement is subject to applicable federal laws, federal or state tariffs, if any, and the laws of the state associated with the Number. Where our Service terms and conditions are regulated by a state agency or the FCC, the regulations are available for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations.
f. Other AT&T Services. You may have received special promotions or discounts on other services offered by AT&T in connection with the purchase of certain wireless services. These promotions or discounts may terminate upon termination of this Agreement.
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