Terms
& Conditions
Acceptance
You accept this Agreement when you complete one of the
following: (a) the UWSP Cellular Service Agreement, or UWSP
Customized Cellular Agreement, or contract renewal, or (b) the on-line
UWSP Cellular Service Agreement, or the on-line UWSP Customized Cellular
Agreement, or UWSP Cellular Renewal. After completing the
agreement, you have a 15-day/30-minute (whichever occurs first) trial
period. If you do not wish to be bound by these Terms and
Conditions, notify us immediately.
By acceptance of this Agreement, you acknowledge being
a customer of the UWSP Telephone Support Office. You are not a
direct customer of any other service provider. All Service issues
must be directed to the UWSP Telephone Support Office. You will
not have direct contact with another provider, unless authorized by the
UWSP Telephone Support Office. Any information received directly
from another provider may not be upheld by the UWSP Telephone Support
Office.
By acceptance of this Agreement, you understand the
details of each cellular service plan offered, and all charges
associated with each plan. Failure to understand coverage areas,
roaming charges, long distance charges, and plan limitations, is not a
basis for non-payment. In
the event of coverage area changes, new plan additions or removals, or
unforeseen circumstances, prices are subject to change without notice.
Term
a.
Fixed Term.
You agree to the Services for the length of time identified on the UWSP
Cellular Service Agreement, the UWSP Customized Cellular Agreement, or
the UWSP Cellular Renewal. The Services you receive after the end
of the term will be provided on a month-to-month basis and remain at all
times subject to the Terms and Conditions.
b.
Month-to-Month Term.
If no length of time is identified on the UWSP Cellular Service
Agreement, then the term is month-to-month.
Termination By You
a.
Trial Period.
If you terminate your Service within the 15-day/30-minute (whichever
occurs first) trial period, you remain liable for all Services you used
prior to termination. However, you will not be obligated to pay
the $200 cancellation fee.
b.
Fixed Term (Regular
Contract and Renewal). If you terminate your Service before the
expiration of the fixed term then you will be required to pay $200, per
line, for any early cancellation. In addition, you remain liable
for payment of all outstanding charges for all Services you used and
Equipment you purchased prior to termination.
c.
Fixed Term
(Customized Contract). If you terminate your Service before the
expiration of the fixed term, you will be obligated to pay for all
service through the agreed upon termination date. In addition, you
remain liable for payment of all outstanding charges for all Services
you used prior to termination.
d.
Month-to-Month.
You may terminate Month-to-Month Service with completion of a Cellular
Service Cancellation Form. The Month-to-Month Service terminates
on the 26th of a month. You remain liable for payment of all
outstanding charges for all Services you used and Equipment you
purchased prior to termination.
e.
Number Portability.
Number Portability cannot take place until 20 months after the
initialization of the UWSP Cellular Service Agreement. A request
by you to port your number will be deemed a request by you to terminate
your Agreement and subject to the $200 cancellation fee.
Termination By UWSP
We may limit, interrupt, terminate or refuse to
provide a Service for the following reasons, or for any other good
cause: (a) if you do not honor any provision of these Terms and
Conditions (including payment obligations), (b) if you use a Service in
a manner that adversely affects Service to other customers or harasses
our customers, our employees, or others, (c) if you or others use a
Service to engage in fraud or unlawful conduct or are suspected of doing
so, or (d) if you modify your wireless phone or any software residing
thereon from the original manufacturer specifications, including for the
purpose of accessing non-provider services, (e) if your Service is used
in a manner that is excessive or unreasonable with respect to volume or
length of calls when compared to other customers with similar plans or
in your geographic area, or (f) if the majority of your Service is used
to roam on a network not owned or operated by the UWSP provider.
You may not resell any Service. We may restore such interrupted or
terminated Service, in our sole discretion following your correction of
the violation and payment of any amounts due, including any restoration
charges we assess for restoring your Service.
Termination Equipment Charges
Upon termination of your Fixed Term Service Agreement,
you agree to return all equipment as provided, including: phone,
wall charger, car charger, manual, box (if available), etc.
Returned phones or equipment, must be free of damage or
vandalism, and must be in working condition.
Normal wear and tear is acceptable, but at the sole discretion of
the UWSP Telephone Support Office.
Upon return of the equipment, the UWSP Telephone Support Office
may reimburse you a portion of the initial equipment cost.
Reimbursement is based on the condition of the phone, length of usage,
and any unforeseen problem with the equipment. If 20 months, or
longer, you are not required to return the cellular equipment. If
you receive Customized equipment, you will not receive any type of
reimbursement.
Charges for Services and Equipment
a.
In General.
You are responsible for paying all charges applicable to your Equipment
and Service, including: access charges, airtime, features, text
messaging, roaming, toll, long distance, and directory assistance. In
addition, you are responsible for paying any taxes, surcharges, fees,
and assessments imposed by us or a governmental authority from time to
time in connection with the Services or the Equipment.
b.
Equipment
Replacement. The UWSP Cellular Service Agreement allows one phone
purchase, at the contract rate, within 20 months. A UWSP Cellular
Renewal allows one phone purchase, at the contract rate, within 16
months. Any phone purchase, within the 20 month period (or 16
month renewal), will result in full replacement price. Each
cellular phone comes with a full one-year warranty. If anything
happens to your phone, it is at the discretion of the UWSP Telephone
Support Office to determine whether the equipment has been vandalized,
or covered under the warranty.
c.
Wireless Airtime
Charges. Airtime usage on each call is billed in full minute increments,
with a minimum charge of one minute per call. Partial minutes of use are
rounded up to the next full minute. Unused plan minutes are not
carried over to subsequent monthly billing cycles. In some instances,
information regarding airtime usage, including roaming or long distance
charges, is not available to be included in the bill for the month that
the Service is used, and will be billed to you in a subsequent bill. The
Service will be charged, and deducted from your plan minutes, in the
month it is billed. The length of a call will be measured from when you
initiate it (typically, when you press the “Send” key) until you
terminate it (typically, when you press the “End” key). You may incur
additional charges for roaming or long distance calls. Rates and charges
while roaming outside of your local provider service area may be
different from your provider service area rates. We reserve the right to
select the carrier you will use while roaming. Rates during peak hours
may be higher than rates during off-peak hours. Use of custom calling
features (such as voicemail or three-way calling) will be billed like
any other call. To be eligible for Service, we may require you to reside
in our Service area and to use most of your Service on a network owned
or operated by the UWSP provider.
d.
Wireless Data
Charges. Wireless data services may be billed in full kilobyte
increments. Partial kilobyte increments of use may be rounded to the
next full kilobyte. Unused kilobytes may not be carried over to
subsequent monthly billing cycles. Access time may be measured from the
time the port is seized to the time the port is released by your
Equipment.
Contract Changes
Any changes to your UWSP Cellular Service Agreement,
or UWSP Cellular Renewal, or UWSP Customized Cellular Agreement, must be
made in writing, via an on-line form or in-office form. An e-mail,
or telephone call, will not be accepted. All changes will take
effect on the 27th of a month. Changes to your account must be
received by 12:00 p.m., CST, on the 26th of the month. If the 26th
falls on a
Billing Information
To determine whether certain taxes, fees and
surcharges are applicable to Service provided to you, we are required by
federal law to obtain your street address, which must be within our
service area. You represent and warrant that the address you
provide us to obtain Service is correct, and you acknowledge that we are
relying on this information to determine which taxes, fees or surcharges
are applicable to your Service. You agree to notify us if your
address changes. In the event you do not provide us with a valid
address or address change, you understand and agree that you may be
responsible for additional taxes, and service fees, and we may terminate
your Service.
Payments
We will bill you monthly for all charges associated
with the Services and Equipment. Bills are normally processed
during the first two weeks of a month. Failure to receive a bill
is not a basis for non-payment. It is the customer's
responsibility to receive a monthly bill, not that of the UWSP Telephone
Support Office. The UWSP Telephone Support Office will make
monthly telephone bills available upon request.
Payment in full is due no later than the due date
indicated on your bill. If
the payment is not received by the due date, your cellular service will
be suspended until a payment is received.
Suspension does not mean cancellation.
You will still incur monthly charges per your contract.
If the Telephone Support Office is unable to contact the customer
within two months, the cellular service will be cancelled, and the
customer will be charged a $200 cancellation fee.
The telephone balance will then be turned over to UWSP Accounts
Receivable for collection action.
The UWSP Telephone Support Office may allow payments
to be deferred to the following month, or months, with prior approval.
If a payment is received after the due date on the telephone bill, the
payment is deemed "late", or "overdue." It is at the discretion of
the UWSP Telephone Support Office, in cooperation with UWSP Accounts
Receivable, to charge late fees, and/or interest. You agree to pay
costs and fees we incur to collect an unpaid balance from you.
If you have authorized payment for Services or
Equipment by credit card or by debiting a bank account, no additional
notice or consent is required before we invoice the credit card or debit
the bank account for all amounts due to us for any reason.
Internet
If you use any of the Services to access the Internet,
you may not use our Internet access Service to (1) engage in illegal
activity, (2) violate the network policies of any network accessed
through our Service or (3) engage in any activity that interferes with
other Internet users' use and enjoyment of the Internet or our Service.
Theft and Fraud
If your Service or Equipment is lost or stolen or
fraudulently used, then you are responsible for all usage incurred
before we receive notice from you of such loss or theft. You agree
to cooperate in the investigation of fraud or theft and to provide us
with such information and documentation as we may request (including
affidavits and police reports).
Limitation of Liability
In the event we are found to be responsible to you for
damages in any way relating to the Services or Equipment, you agree that
our liability to you will not exceed your pro-rated monthly recurring
charge for services during the period in which you incur such damages.
We are not liable for any incidental, special or consequential damages
(such as lost profits or lost business opportunities), punitive or
exemplary damages, the cost of alternative services, or attorney's fees.
Disclaimer of Warranties
We are not responsible for circumstances beyond our
control, including without limitation acts or omissions of others,
atmospheric conditions, or acts of God. We do not promise
uninterrupted or error free service.