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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 Alltel. All Service issues must be directed to the UWSP Telephone Support Office. You will not have direct contact with Alltel, unless authorized by the UWSP Telephone Support Office. Any information received directly from Alltel 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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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-Alltel 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 Alltel. 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. 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

  1. 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.
  2. 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.
  3. 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 Alltel service area may be different from your Alltel 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 Alltel.
  4. 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 Holiday, or weekend, then the first business day before the 26th.

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 processed during the first two weeks of a month, unless there is an unforeseen problem. 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