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1. Service Provided Pursuant to SureWest Wireless' Terms and Conditions
The wireless service agreement (“Agreement”) between you and SureWest Wireless (“Company”) shall be governed by these terms and conditions. This Agreement incorporates the materials the Company provides to you that describe the calling plan, service options, and equipment that you selected. If you are a new customer, the use or attempted use of the Company’s wireless service, the opening of the wireless phone package, the activation of service, or the payment of a bill shall constitute your acceptance of these terms and conditions. If you are an existing customer, your acceptance of these terms and conditions is a condition for the Company’s granting your request to change your service or calling plan. If the Company grants your request, and you accept the resulting benefit by continuing your service after the Company makes the changes, this Agreement will replace your prior Agreement. Please consult the SureWest website for added background on service, equipment and capabilities.
2. Transmission and Capacity Limitations
Because wireless is a radio technology service, it is subject to transmission limitations caused by service area limitations and by atmospheric, magnetic, environmental, topographic, and other like conditions. Service may be temporarily limited or suspended due to system capacity limitations and/or system repairs or modifications.. SureWest’s coverage area map approximates our wireless service area and where roaming will not apply. Roaming may occur in some places within the coverage area shown or when Customer is using service outside the coverage area based on the Customer’s rate plan. Customer is responsible for payment of those roaming charges. Long distance charges may apply while in the coverage area based on the Customer’s rate plan.
3. Rates and Charges
A. Timing of Calls
Chargeable time for calls originated by a mobile phone and for calls received by a mobile phone begins when a connection is established to the Company's facilities and ends when the mobile phone disconnects from the Company's facilities (i.e., a few seconds after you send an END command to the wireless system). Calls made while in the Company's coverage area and while roaming are rounded up to the next minute.
B. Billing
Bills for service charges will generally be rendered monthly. Monthly billing periods do not necessarily correspond to calendar months, and they may vary in length from approximately 28 to 32 days. The charges for a fractional part of a billing period will be prorated on a 30-day basis, regardless of the exact number of days in the billing period. Optional features are not prorated. Payment will be due on the later of the date stated in the bill or 22 days after mailing. Failure to pay by the due date may result in temporary or permanent suspension of service. This includes any unpaid amounts carried forward into the next billing cycle. If service is suspended, a reactivation fee of up to $30 may be assessed in addition to any amounts owed. If the Company terminates this Agreement for cause, or if you terminate this Agreement before expiration of any Agreement term other than pursuant to Section 13 below, the Company will suffer damages that are difficult to determine. Thus, you agree to pay the Company, as liquidated damages and not as a penalty, an Early Termination Fee of $200, in addition to all other amounts owed. All advance payments of service charges shall be non-refundable. The Company may change its billing procedures and charges at any time.
C. Rates and Taxes
The Company offers various rate plans and features. Applicable rates and charges are indicated in the Company's description(s) of the rate plans, service options, and equipment you selected. The monthly rate or service may be conditioned on credit approval. Unlimited calling plan charges apply only to service provided by the Company within the service area applicable to the Customer’s rate plan. Charges may apply for roaming outside the coverage area and/or long distance calls made to points outside the coverage service area. The Company may, upon 30 days notice, change the rates for, or discontinue the offering of, calling features and optional and ancillary services such as directory assistance and voice mail services. There is no charge for a 911 emergency call made on the Company's wireless system. However, airtime is charged on calls to 800, 888, and similar toll-free numbers. Applicable federal, state, and local taxes, fees, and surcharges and other similar charges will be added to your monthly bill, including a monthly Federal Programs Cost Recovery (FPCR) fee for each line of service. The FPCR fee is not a tax or government required charge. The recovery fee enables SureWest to comply with E911 and wireless number portability requirements.
D. Wireless Replacement Service
If you select wireless replacement service with your wireless service, the Company will remit to the appropriate third party provider, on your behalf, the monthly charge for handset replacement service, which is not prorated, and which appears on your monthly bill. You acknowledge that this service is offered by a third party and not by the Company. Requests for information shall be directed to the provider. A complete summary of coverage and exclusions can be obtained through the Company's website or by contacting the Company or the provider directly. You must be an active subscriber at the time of loss to be eligible for replacement coverage. You are not covered while your account is hotlined, suspended or terminated. If coverage is added after the original service start date, a 30-day waiting period will apply before a claim can be made. Replacement phone will be a refurbished model of same or like quality. The monthly charge and occurrence fee may change without notice.
E. Disputed Charges
You have the right to dispute charges on your bill. However, you must notify the Company of the dispute within 90 days of the billing date; otherwise, you waive the dispute. You must still pay all charges by the due date on your bill. If the dispute is resolved in your favor, the Company will refund the amount at issue. You will not be responsible for late fees for amounts at issue that are resolved in your favor. Credit balances on your account shall be applied against future charges. The Company will not refund credit balances under $10.
4. Regulations
A. Use of Service
An access number may not appear in more than one mobile phone. The Company will only accept orders, including those which involve the start, change, or discontinuance of service, from you or your authorized representative (authority shall be determined by the Company in accordance with the Company's procedures).
B. Abuse and Fraudulent Use
Neither wireless service nor any other means of communication may be used (1) to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, or to call another person so frequently or at such times of the day or in any manner to annoy, abuse, threaten or harass, or (2) for any purpose in violation of law, or (3) in any manner which interferes unreasonably with the use of service by one or more other customers or interferes with the Company's reasonable ability to provide service to others. Failure to adhere to these regulations may result in termination of service for cause by the Company.
5. Termination of Service for Cause
Upon non-payment of any sum due to the Company, or upon any violation of the terms, conditions, laws, rules, or regulations governing the use of wireless service, the Company may, by a notice in writing (which notice shall be deemed given 5 days after it is placed in the U.S. mail addressed to your last known address, or earlier if you file for, or are compelled to seek, bankruptcy protection) and without incurring any liability, either refuse, reduce, or temporarily or permanently terminate service (including associated roaming, wireless replacement and long distance services) to you. In addition, service (including associated roaming, wireless replacement and long distance services) may be refused, reduced, or temporarily or permanently terminated by the Company without notice and without incurring any liability if (l) the Company has not received and posted your first payment by the due date on your first invoice, or (2) the Company determines that you are using the service in a manner that is in breach of this Agreement, or (3) the Company receives from a law enforcement agency a written finding, signed by a magistrate, that probable cause exists to believe (i) you have used or will use the service in violation of or to violate the law, and (ii) that the character of your use of the service is such that immediate action is required to protect the public's health, safety, or welfare, or (4) the Company is requested by a customer to deny service to a mobile phone which was reported to be lost or stolen, or disconnected from service for non payment of, or owing unpaid service charges, or (5) the Company determines that your application for service included fraudulent, false, or incomplete information.
6. Termination by Customer
Customers may terminate service without termination fees or penalties: (i) within 30 days after the new service is initiated, provided the new equipment is returned meeting all the requirements of the Equipment Return Policy on Terms and Conditions of the SureWest Wireless Service document, or (ii) at any time after expiration of the Agreement term. Customer is responsible for any and all charges up to the time such service is terminated. An Early Termination Fee of $200 will be applied if service is cancelled more than 30 days following service initiation, but prior to end of the Agreement term. This fee covers the administrative costs of closing the account and the equipment subsidy.
7. Limitation of Liability
A. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Company’s liability to you for malfunctions/failures of services, regardless of cause, is limited to the proportional fee you paid for the service in the period during which the malfunction occurred. However, in no event shall the Company be liable to you for malfunctions/failures caused by you or causes beyond the Company’s exclusive control. Additionally, in no event shall the Company or you be liable to each other under this Agreement for any indirect, special, incidental, or consequential damages.
B. To the maximum extent permitted by law, you agree to release, indemnify, defend and hold harmless SureWest Wireless (and all who act on its behalf) from and against all claims, actions, liability, loss, damage and expense, including attorneys' fees (together, "Loss"), arising out of any use or attempted use of: (a) any wireless service provided to you by or received through SureWest, and (b) any service features, equipment, or content made available to you or others with or through the SureWest service, and whether any such Loss is made or sustained by you or by any other person. This provision specifically includes (but is not limited to) harms caused by motor vehicles, and the sending or receipt of photos and personal information. This provision will survive termination of this Agreement.
8. Deposits
The Company may, in order to safeguard its interests, require that you make a deposit, to be held by the Company as a guarantee of your payment of charges. The fact that a deposit has been made neither relieves you from complying with the Company's regulations or paying invoices promptly nor constitutes a waiver or modification of the regulations or the Company's right to discontinue service for non payment of any sums due for service rendered. Interest will not be paid on advance payments or deposits unless required by law. Deposits will be refunded on service termination and payment of outstanding amounts due, or as otherwise provided by law or regulation.
9. Payment of Charges
You are responsible for the payment of charges for all services furnished to you, including, but not limited to, all calls originated by or completed to your mobile phone, and for the payment of all charges billed to your access number, including toll, optional features and roaming charges, if applicable. Payments received after the due date on the bill may incur late payment charges. The Company may assess late payment fees and interest charges for overdue payments at the lesser of eighteen percent (18%) per year or the highest rate allowed under state law. If payment is made by a check that is returned by a bank for any reason, then you will not only pay a $25 service charge for any check returned due to non-sufficient funds, but may also have service temporarily or permanently suspended. The service charge shall be $25 for the first check and $35 for each subsequent check. If you fail to pay the amount of the returned check, and the amount of the service charge, and any mailing costs within thirty (30) days after a written demand for such payment, you will be liable for the amount of the check, minus any partial payments, plus damages of up to three times the amount of the check, which will be not less than $100 or more than $1500. Acceptance of late or partial payments (including checks marked “Paid in Full”) will not waive the Company’s rights hereunder. You will also pay any and all costs, fees, and expenses that the Company incurs to collect any charges from you, including, without limitation, all court costs, attorneys' fees, and collection agency fees, and commissions. If a phone is lost, stolen or otherwise absent from your possession or control, you shall nevertheless be liable for all charges until the loss, theft, or absence is reported to the Company. Thereafter, and notwithstanding such notice, all charges attributable to such access number shall continue until you terminate the provision of service in accordance with the Company's regulations. The time of any suspension shall not count toward satisfying the initial term of your calling plan.
10. Phone Numbers
You have no property right in the assigned telephone number, and none can be acquired by usage or otherwise. The Company reserves the right to assign, designate, or change such numbers when deemed necessary in its discretion. Phone numbers of customers whose service is deactivated may be reassigned 30 days from the date of discontinuance of service.
11. Quality Assurance and Marketing
You consent to the monitoring and/or recording of your calls to the Company in order to ensure service quality.
12. Entirety of Agreement
This Agreement constitutes the complete and exclusive agreement of the parties and replaces all prior written and oral agreements or statements by and between the parties. No representation, statement, condition, or warranty not contained in this Agreement shall be binding on the parties or have any force whatsoever. This Agreement shall be read in a manner that is consistent with applicable law and regulation. Each term and condition hereof is severable, and despite a term or condition being determined by an authorized tribunal to be invalid or unenforceable, all other terms and conditions shall remain enforceable and in effect.
13. Changes to Terms and Conditions
The Company may change these Terms and Conditions at any time upon 30 days prior written notice to you. If the changes include higher rates or charges, or materially more restrictive terms and conditions, you may terminate without an Early Termination Fee, provided that you deliver your termination notice to the Company within 30 days of receipt of the notice of change. If you do not terminate service pursuant to this Section 13, continue to use the service, or make a payment after the effective date listed on the notice of change, the changes shall apply and the right to terminate will cease.
14. Equipment Return and Repair Policy
Equipment (phones and accessories) may be returned for exchange or refund within 30 days of purchase provided (1) equipment is returned in like-new condition and working order, free of any physical or liquid damage, with the original sales receipt, and (2) equipment is returned with all original packaging, including box, inner trays, manuals, and any other included materials. Incomplete returns will be subject to a re-stocking fee of 20% of the equipment purchase price or $25, whichever is greater. At the Company’s option, the Company may return to Customer equipment deemed incomplete, without charging a restocking fee or crediting the customer’s account for the equipment purchased. This return policy applies to equipment only and you will remain liable for any and all service charges. Activation fees and prepaid long distance calling cards are not refundable.
Refunds will be processed in the same method as original payment with these exceptions:
- 1. Checks have a mandatory 7-day waiting period to ensure bank clearance.
2. Cash or checks in excess of $50 will be refunded by check from the Company's accounting department within six weeks.
3. Refunds for equipment will be reduced by the amount of any outstanding service balances owing on associated discontinued accounts (whether account was terminated by the Company or Customer).
After 30 days, any equipment that is not functioning properly must qualify under the manufacturer's product warranty for repair service. Additionally, after 30 days, any equipment that is malfunctioning due to a problem not covered by the manufacturer's warranty is your sole responsibility.
15. Privacy
The Company may share your information, to the extent permitted by law, with affiliates or unrelated third parties. If you do not want the Company to share your information, please notify the Company’s customer care department. Nonetheless, please note that the Company (1) will share your information with credit reporting agencies to the extent permitted by law, and (2) will also share your information with other parties when required by law.
16. About this Agreement
If you or the Company waive any part of this Agreement in one instance, that won’t be a waiver of any other provision or any other instance. The Company may assign all of part of this Agreement without notice, and you agree to make all subsequent payments as instructed. You cannot assign any of your rights or duties under this Agreement without the Company’s express written consent. All written notices are considered delivered to you when mailed to the billing address the Company has on file or to the Company when mailed to the customer care department. You represent that you have the legal capacity to enter into this Agreement. If you are acting on a third party’s behalf, you represent that you have full authority to bind such third party. This Agreement is governed by the laws of the State of California without regard with its conflict of laws rules. |
