(“Agreement”) covers the terms on which we agree to provide you and you agree to accept any service or product we make available to you, including your wireless services, wireless devices, etc. (collectively “Services”). You accept this Agreement when you do any of the following: (a) provide your written or electronic signature; (b) accept through an oral or electronic statement; (c) attempt to or in any way use any of the Services; (d) pay for any Services; or (e) open any materials or package that says you are accepting when you open it.
The Agreement includes the terms in this document together with the terms associated with the Services you select (as described in our marketing materials, e.g., service plan brochures, or on our website).
You represent that you are at least 18 years old. In this document, we use the words “we”, “us”, “our”, “United Wireless”, or “UWC” to refer to United Wireless Communications, Inc. and its affiliates doing business as United Wireless Communications.
In this document, we use the words “you”, “your” to refer to the person or entity financially responsible for services obtained from UWC.
You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, Universal Service fees or other charges.
The terms of this Agreement will commence on the Service Activation Date and continue until termination in the following manner:
A. If the subscriber selects a plan with a fixed term longer than one month (such as an annual plan), the initial term of this Agreement shall continue for the number of full months or years applicable to the plan selected. After the fixed term, this Agreement shall be renewed automatically for successive one-month terms. Except as otherwise provided in this contract or by law, if subscriber or UWC terminates this Agreement prior to the end of the fixed term, Subscriber agrees to pay UWC amounts then owing under this or any other agreement. Subscriber may modify his/her plan upon oral or written notice to UWC subject to the terms of the contract. Subscriber or UWC may terminate this Agreement upon delivery of oral or written notice at any time and for any reason after expiration of any applicable fixed term.
B. The mobile number(s) monthly access plan and other features may be modified by the mutual agreement of the parties. In addition, UWC may unilaterally change Subscriber to a more favorable rate plan. Subscriber may terminate any optional third-party service or this Agreement in the event of modifications not at the discretion of UWC, subject to the damages payable under paragraph A.
C. UWC may discontinue Service without prior notice to subscriber if subscriber breach any representations subscriber made to UWC in this Agreement, fail to perform any of the obligations set forth in the Agreement or in any other agreement between subscriber and UWC, or use the Service in any abusive manner or in any way that damages or interferes with UWC. UWC shall have the right to modify the Service to restrict or prevent access to roaming and long-distance services or to suspend Service, all without notice, or to terminate this Agreement. In any case Subscriber shall remain liable for the payment of all charges incurred under this Agreement, including the monthly service charge and damages payable under paragraph A. above through the date of termination. In the event of default, subscriber will reimburse UWC for attorney fees, expert witness fees, investigation costs, litigation expenses and costs, collection and similar expenses incurred by us in the enforcement of any right or privilege hereunder. If this Service is terminated because of your default, we may keep any charges or sums prepaid by you upon termination. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law. Further, Subscriber may be subject to reactivation charges if Service is suspended or terminated and subsequently reconnected.
D. If the Subscriber is sent a “final notice” for late payment, UWC will add a “final notice” charge of ten dollars ($10.00) per wireless account, to the subscriber’s past due balance.
E. If the Subscriber account is “Suspended” for nonpayment, then UWC will add a “Resumption of Service” fee of thirty-six dollars ($36.00) per line of service to the subscriber’s account past due balance. This fee, along with the past due balance and the current balance must be paid prior to “Resumption” of the Service.
UWC may, at its sole discretion, require an applicant or Subscriber to make a suitable deposit with the UWC to be held as a guarantee of the payment of charges. Such deposit may vary or be adjusted depending upon Subscriber’s credit history or the level of Service available to the Subscriber.
UWC may terminate this Agreement in the event that the Subscriber does not terminate the agreement under paragraph A. and fails to provide promptly any deposit requested by UWC. If not prohibited by law or applicable tariffs, deposits received by UWC may be co-mingled with other UWC funds.
Upon termination of this Agreement, any deposit will be applied to pay any charges then or thereafter due, and any excess will be refunded within seventy-five (75) days after termination to Subscriber’s last known address.
The fact that a deposit has been made does not relieve Subscriber from prompt payment of bills nor does it constitute a waiver of the provisions of this Agreement allowing suspension of Service and/or termination for nonpayment of any sums due.
Disputes regarding past credit reporting must be sent in writing via certified mail. F. 80% of calls placed must originate in UWC local calling area. G. 80% of data must originate on the UWC home network and services may be terminated if use falls outside of this limitation.
Subscriber is responsible for payment of all charges for Service furnished together with usage and third-party charges (which are in addition to regular monthly service charges). All monthly plan minutes are billed as follows: Airtime charges are incurred from the time your call is connected to another party; to the time you end the call.
A minimum of 1 minute is charged for each call. All airtime is rounded to the next full minute. Charges are billed at the end of each monthly billing cycle, with minutes and charges prorated in the event of activation, termination or expiration of this Agreement on a day other than the last day of the month.
Roaming usage may take sixty (60) days or more before being billed and may therefore impact your calling plan’s subsequent monthly minute allotment. Payments are delinquent if not received by UWC by the due date shown on the monthly invoice.
Subscriber agrees that:
(A) time is of the essence;
(B) it would be impractical to fix the exact amount of UWC’s damages if Subscriber fails to pay promptly; and
(C) in the event of such failure, Subscriber may be charged a late payment fee of one and one-half percent (1 1/2%) per month with a minimum of $2.00, of any amount not paid when due for every month the amount remains unpaid; provided such charge is permitted according to any applicable tariff or law. Subscriber may, at the option of UWC and in accordance with tariffs, be charged a returned check fee of $30.00 for any check returned for insufficient funds.
If we have agreed that you may pay for charges with a credit card account, we will charge amounts due to the credit card account at such time the charges are authorized. No additional notice, consent or authorization will be required for such credit card account charge.
To the extent allowed by law, these authorizations are irrevocable. Questions about or objections to any charges must be in writing and must be received by us from you no later than thirty (30) days after the complaint arose or any objection shall be waived.
Subscriber shall pay any applicable federal, state and local government taxes, fees and surcharges including sales, use, public utility, gross receipts or other taxes, interconnect costs, fees or charges imposed on UWC as a result of providing the Service or Unit to Subscriber.
Subscriber shall also pay charges resulting directly or indirectly from government regulations or mandates including without limitation charges relating to Universal Service and implementation of Local Number Portability.
We are not the manufacturer of your Unit and we make no warranties regarding the Service or your Unit whether express or implied including to the extent such a limitation is permissible by federal, state or local law, any warranties of merchantability or fitness for a particular purpose. The manufacturer’s warranty, if any, is between you and the manufacturer; it does not apply to us and will not be honored or executed by us.
You have no property right or interest in your access number (your wireless telephone number), except for the limited purposes of wireless number portability.
Available coverage areas for Services are generally identified in our mapping brochure and at www.getunited.com. This may include coverage on our digital network (the “UWC Network”) as well as coverage we make available to you through agreements with other carriers.
(“off-network” or “roaming” coverage). All coverage maps are high-level representations of outdoor coverage and there are gaps in coverage within areas shown as covered on the maps. Coverage is not available everywhere, nor can we guarantee you will receive coverage in all areas, or without interruptions or delays (e.g., dropped calls, blocked calls, etc.) in the coverage areas we identify. Actual coverage and quality of Services may be affected by conditions within or beyond our control, including network problems, software, signal strength, your equipment, structures (including buildings in which you may be located), atmospheric, geographic or topographical conditions.
You are roaming any time your phone indicates that you are roaming. Roaming coverage is only available with certain devices and, unless included as part of your Services, will result in additional charges.
Roaming calls placed “manually” (through an operator or with a credit card) will always incur separate and additional charges. Depending on your phone settings, you may automatically roam if there is a gap or interruption in coverage within the UWC Network coverage area and roaming coverage areas.
See your phone guide for how to adjust phone settings. Certain features and services may not be available in roaming coverage areas (including data services, messaging services, voicemail, call waiting, call forwarding, etc.)
UWC (including our assignees, agents, employees, officers, directors, shareholders, parent companies, subsidiaries, affiliates, predecessors and successors) or subscriber may elect to have any claim, dispute or controversy (“Claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to your Service or this Agreement (including any renewals or extensions), any goods or services provided to subscriber, any billing disputes between you and UWC, or any prior or future dealings between you and UWC resolved by binding arbitration. A Claim may include, but shall not be limited to, the issue of whether any particular Claim must be submitted to arbitration, or the facts and circumstances involved with your signing of this Agreement, or your willingness to abide by the terms of this Agreement or the validity of this Agreement. Any such election may be made at any time. The filing of a lawsuit or the pursuit of self-help remedies does not mean that either party has waived the right to subsequently elect a Claim to arbitration. If either party gives written notice electing arbitration, the arbitration must be commenced with 60 days thereafter. If arbitration is elected, it will be conducted pursuant to the Wireless Industry Arbitration Rules of the American Arbitration Association (“Rules”). If you have any questions concerning the American Arbitration Association or if you wish to obtain a copy of the Rules and pertinent forms, you may call (800) 778-7879 or visit its website at www.adr.org. Judgment upon the award issued by the arbitrator may be entered in any court having jurisdiction. The parties agree that this agreement involves “commerce” as defined in the United States Arbitration Act (“USAA”), Title 9, United States Code, and this Agreement shall be governed by the provisions of the USAA. We agree to pay the initial filing fee and the costs of the arbitration proceeding, except that you are responsible for the first $75 of the initial filing fee if you are initiating the arbitration. Each party shall be responsible for its own attorney, witness and expert fees and costs. If arbitration is elected by either party under this Agreement: (1) You will not have the right to go to court or to have a jury trial; (2) You will not have the right to engage in pre-arbitration discovery except as provided in the Rules; (3) You will not have the right to have any claim arbitrated as a class action under the Rules or under any other rules of civil procedure; (4) The decision by the arbitrator(s) will be final and binding with very limited rights to appeal. This Agreement supersedes any prior alternative dispute resolution and/or arbitration agreement that may exist between you and UWC. If any provision of this Agreement is held to be invalid, the invalid provision shall not affect the enforcement of any other provision of this Agreement.
BY ENTERING INTO THIS AGREEMENT YOU AND UWC ARE WAIVING IMPORTANT RIGHTS. YOU AGREE OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING, BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR PRODUCT LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE UWC. LIKEWISE, WE AGREE YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY IS LIMITED TO CHARGES YOU OWE UWC. ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM UWC BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR CELL PHONE. NEITHER YOU OR UWC CAN RECOVER PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES COULD HAVE BEEN FORESEEN BY EITHER YOU OR UWC. YOU AND UWC AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENT, TRADEMARKS, OR TRADE SECRETS OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE, SERVICE OR A TELEPHONE NUMBER
UWC respects the privacy of its customers and other individuals and businesses using the Websites owned and operated by UWC and its Affiliates (“UWC Websites”).