1.UNION TELEPHONE COMPANY (“Union Wireless”) with corporate offices located in Mountain View, Wyoming, is the provider of the wireless service herein known as Union Wireless.
2.Minimum Service/Customer. This contract entered between Customer and Union Wireless is for a minimum period as indicated on the WIRELESS SERVICE CONTRACT. (“Service Commitment”)
3.Interpretation/Law. The application and interpretation of this contract shall be in accordance with the Laws of Wyoming. Exclusive venue and jurisdiction for any suit or arbitration arising out of or related to this Agreement or the Union Wireless Service Contract shall be in the appropriate court in Uinta County, Wyoming.
4.Company Billing Policies/Deposits: Bills are payable upon receipt and are overdue if not paid by the bill due date. Customer must pay all government taxes, assessments, and fees. Late payment charges will be assessed in accordance with Union Telephone Company’s service tariffs on file with the appropriate State Public Utilities Commission or Public Service Commission as applicable. Customer’s service shall be suspended if a bill is not paid within 30 days of the bill due date. Bills not paid within 30 days of the bill due date are delinquent and Customer’s service may be immediately disconnected. Customer shall pay to Union Wireless all collection costs and expenses including reasonable attorney’s fees and costs. Restoration of Customer service requires payment of all outstanding bills plus a $20.00 re-connection fee per line and Union Wireless may also require a deposit in certain instances.
Customer agrees to pay any deposits which may be required by Union Wireless to secure Customer’s account. Such deposits may be returned only after 6 months of consecutive on-time payment. Should there be an unpaid balance on a bill or if Customer is disconnected for non-payment within the contract term, Union Wireless may apply Customer’s deposit and any accrued interest if required by law to Customer’s unpaid billings. Any remaining deposit funds will be returned to Customer. Should Customer deactivate the Union Wireless service(s) for any reason, or Union Wireless deactivates Customer permanently for non-payment, any deposit will be applied against the unpaid balance of the account. Any credit left from the deposit will be refunded after all bills incurred have been processed and paid. This includes, but is not limited to such items as toll charges, local and roaming airtime charges, early termination fees and service order charges.
5.Termination. For each wireless device purchased from Union Wireless with a subsidy by Union Wireless (“Subsidized Device”), an early termination fee (“ETF”) will be charged if Customer terminates this Contract before the end of the contract term. The ETF is calculated as follows: (a) List Price of the Subsidized Device at the time of contract, (b) minus the Activation Price paid to Union Wireless by Customer, (c) plus the dollar amount of any Union Wireless promotions that benefitted Customer at the time of contract (for example, additional discount upon purchase of the Subsidized Device or buyout of another wireless service contract entered into by Customer. For each full month of Customer’s Service Commitment that is completed with timely payment of all fees, charges, and other amounts due to Union Wireless, the ETF will decrease by the ETF minus 1 month divided by the number of months in the contract term. In no event will the ETF be reduced to less than $0.00.
A voice plan is required on all voice-capable Subsidized Devices, unless specifically noted otherwise in the terms governing a Customer’s service plan. An eligible data plan is required for certain Subsidized Devices designated by Union Wireless as Smartphones. If it is determined that Customer is using a voice-capable Subsidized Device without a voice plan, or Customer is using a Subsidized Device designated as a Smartphone without an eligible voice and data plan, Union Wire- less reserves the right to switch Customer to the applicable service plan or plans and charge Customer the appropriate monthly fees or assess the ETF charges described above.
Customer may terminate this Agreement within thirty (30) days after activating service without paying an ETF or an early services termination fee for the data or text plan. In such instance, Customer must pay for service fees and charges incurred through the termination date, but Union Wireless will refund Customer’s activa- tion fee, if any, and Customer must return to Union Wireless any Subsidized Device and accessories purchased with this Agreement. Union Wireless may charge Customer a restocking fee. Returned wireless phones/devices and accessories (“Equipment”) must be in the manufacturer’s original packaging and be in like-new condition (no physical or water damage). The returned Equipment must include the original components such as the device, battery, charger, manual, unopened software and invoice/receipt. Customer must remove any confidential, proprietary or personal information before returning the Equipment. Union Wireless is not responsible for any confidential, proprietary or personal information contained in returned Equipment.
Returned Equipment may not be eligible for refund and the Equipment may not be returned by you if:
(a)Equipment was returned more than 14 days from the purchase or ship date; or
(b)Equipment was determined to be ineligible (e.g. opened software, liquid or physical damage).
The following purchases are excluded and cannot be returned or exchanged under this policy:
(a)Equipment purchased from an independent agent, which must be returned to agent; or
(b)Equipment received through an insurance program.
Customer may be required to return any Equipment purchased with the service before Customer’s account will be cancelled. If Customer is allowed to cancel service within the 30 day return period, but does not return the Equipment within the return period, Union Wireless may charge Customer an amount equal to the full retail price of the Equipment.
If Customer paid a security deposit, it may take 1 to 2 billing cycles to process the return of the security deposit. The charges for service used on the account before the service termination date will be deducted from the security deposit.
Notwithstanding the foregoing, Union complies with the Veterans Benefit Act of 2010. Section 305(a) of the Act provides for the following:
- • A service member can terminate a contract for wireless or telephone exchange service at any time without ETF charges after receiving notice of military orders to relocate for a period of 90 days or more to a location that does not support the contract.
- • The telephone number of a service member who terminated a contract, and whose period of relocation is for a period of three years or less, must be kept available if the service member re-subscribes to the service within 90 days of the last day of relocation. Upon re-subscription under these circumstances, no service activation charge will be made.
- • Permits certain family plan contracts for wireless service entered into by a family member of a service member to be terminated. The service member must be a designated beneficiary of the contract, and must be otherwise eligible to terminate the contract.
- • No later than sixty (60) days after termination of the contract, Union Wireless must refund any fees for the period extending past the termination date, except for the remainder of the monthly or similar billing period in which the termination occurs.
Either party may terminate this Agreement at any time after the Service Commitment ends. Union Wireless may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives, or if we discover that you are underage, or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we reasonably believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. In the event your service is terminated for your conduct that violates this agreement, you will be held responsible for any outstanding ETF per this agreement.
6.Prices are Subject to Change/Taxes not Included. Union Wireless may change prices or any other term of your plan or this Agreement, but Union Wireless will first send you written notice of the effective date of such change; Customer’s use of service after the effective date of the change, shall mean Customer accepts the change. Union Wireless at its discretion may elect to grandfather you into your existing plan or this Agreement without providing written notice. If a change to your Plan or this Agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 30 days of the notice being sent to you, with no ETF. Union Wireless plan prices do not include applicable taxes or government-imposed fees and surcharges. Customer agrees to maintain current postal and email addresses with Union Wireless to receive these notifications.
7.Minute Increment Charges/Use. Voice airtime and other measured usage are charged in full-minute increments. Actual airtime/use is rounded up to the next full increment at the end of each call for billing purposes. Union Wireless bills a full-minute increment of usage for every fraction of the last minute used on each wireless call. Airtime is depleted when Customer initiates or receives calls. Calls are timed from when Customer presses SEND until the network confirms completion of the call. Customer minutes will be expended in the following order: Top Ten Minutes (if available); Night and Weekend Minutes; Mobile to Mobile Minutes; Anytime Minutes; and Overage Minutes. Unanswered outgoing calls 30 seconds or longer incur airtime. There are additional charges for international calls and other services outside the United States of America
8.Monthly Recurring Charges (“MRC”). Monthly Recurring Charges (“MRC”) are the charges billed for the service plan to Customer every month for the duration of Customer’s Contract. Customer is billed one month in advance of service rendered. The base MRC is the monthly billing for Customer’s Plan plus the MRC for any data plans the Customer signs up for. The Total Monthly MRC includes such additional services as Customer may select in addition to Customer’s Base MRC and includes, for example, Union Wireless’ Handset Insurance Program; Enhanced Voicemail, Extended Night & Weekend Minutes, Blackberry™ Service, Carefree Calling and Additional Line Charges.
In addition to Customer’s MRC, Customer may incur additional charges for services not in Customer’s Plan, including Overage, Data, International Roaming and Toll, Text, Picture and Video Messaging and Content Downloads, including ringtones and premium short codes.
9.Home Calling Area. The Union Wireless Home Calling Area can be found at www.UnionWireless.com or may be obtained upon Customer request at all Union Wireless sales locations.
10.Top Ten Minutes. Certain Union Wireless plans include Top 10 Minutes. If your plan includes Top 10 Minutes, they apply as follows: Top Ten calling is included on voice calling plans with a Base Monthly Recurring Charge (“Base MRC”) of $54.95 or higher. Top Ten calling allows unlimited nationwide calling to or from any combination of 10 U.S. wireless and landline phone numbers from Union’s Home Calling Area or while roaming anywhere within the United States of America (excluding 411; voicemail; toll-free; 900/976 and other pay-per-call services, e.g. tech support, psychic advice, other chat line numbers, and premium rate numbers and calling card and Customers’ own numbers). Top Ten numbers may be changed a maximum of one time every thirty-day period. Call duration and/or continued eligibility for Top Ten calling may be limited or terminated for (i) consumer protection or (ii) abusive conduct (iii) abnormal call pattern(s) or (iv) if Customer’s Base MRC on a voice calling plan is less than or falls below $54.95. This feature is only available in United States of America and is not available for international calls or international roaming. This Plan may be changed or discontinued at the discretion of Union Wireless.
11.Night and Weekend Minutes. Certain Union Wireless plans include Night and Weekend Minutes. If your plan includes Night and Weekend Minutes, they apply as follows: Voice calling plans with a base MRC of less than $54.95 provide unlimited Night and Weekend Minutes so long as Customer is in Union Wireless’ Home Calling Area; Night and Weekend Minutes calls initiated or received by Customer outside of Union Wireless Home Calling Area are not free and will result in depletion of Anytime Minutes and/or Overage Minute charges. Voice plans with a Base MRC of $54.95 or more also allow Customer to initiate or receive Night and Weekend Minute calls while roaming anywhere in the United States of America but not for international calls or international roaming. Nights are from 9:00 p.m. to 6:00 a.m. Weekends are from 9:00 p.m. Friday to 6:00 a.m. Monday. Times are based on Mountain Time.
12.Mobile to Mobile Minutes. Certain Union Wireless plans include Mobile to Mobile Minutes. If your plan includes Mobile to Mobile Minutes, they apply as follows: Voice calling plans with a Base MRC of less than $54.95 provide unlimited Mobile to Mobile Minutes so long as Customer is in the Union Wireless Home Calling Area; Mobile to Mobile calls initiated or received by Customer outside the Union Wireless Home Calling Area are not free and will result in depletion of Anytime Minutes and/or Overage Minutes charges. Voice calling plans with a Base MRC of $54.95 or more allow Customer to initiate or receive Mobile to Mobile Calls from anywhere in the United States of America. Mobile to Mobile calls must be between one Union Wireless Customer and another Union Wireless Customer.
13.Data Services. Some Union Wireless plans include data services which allow access to the internet. If Customer’s plan does not include data services, Customer shall incur additional charges for using data services. Customer shall incur additional charges when Customer is outside the USA and accesses the internet; applicable current rates can be found at www.unionwireless.com/international or 1-888-926-CARE (2273). For data service usage outside the USA or Customer data service usage not part of Customer’s plan, Union Wireless rounds up to the nearest kilobyte (KB) per session; however, some of Union Wireless’ roaming partners round up to the nearest 10 kilobytes which is billed to Customer. Applicable current rates for the foregoing may be found at www.unionwireless.com or by calling 1-888-926-CARE (2273).
- (a) To reduce the risk of overage charges that may exceed your ability or willingness to pay, Union Wireless may limit the data speeds of any Customer/User if your usage exceeds the monthly data allotment (or shared bucket) of your selected plan by a certain threshold for the remainder of the month. Usage shall, in any event, and regardless of the speed, incur additional charges per Gigabyte (GB) used during the month, in accordance with your plan’s terms and prices. Customers who repeatedly experience limited speeds due to exceeding their data plan allotments or overage charges should consider changing to a plan that is more appropriate to their actual data usage. Unless your plan specifically provides for it, unused data allotments in any month do not roll over to succeeding months.
- (b) Examples of Prohibited Data Uses. Customer shall not use the data services for: (1) resale; (2) any activity that adversely affects the ability of other people or systems to access or use either our wireless services or other parties’ internet-based resources. (3) transmitting unwanted, malicious, or harmful traffic, such as spam or phishing; (4) attempted hacking of the network or any other user’s device; (5) intentionally or knowingly uploading or sending data containing viruses, worms, malware, corrupt files, trojan horses, time bombs, or any other similar data, programs or software, which may damage another user’s access device, the network or the like; or (6) denial of service attacks; or (10) any other reason that in Union Wireless’ discretion harms Union Wireless, our Network or our other customers. Without limiting any other provision of these terms, should you participate in any prohibited data uses, Union Wireless, in its discretion, may suspend or terminate your service and may implement reasonable network management to immediately limit or curtail the harms caused by your prohibited uses without prior notice.
14.Voice, Text, and Data Service plans are available. Such plans are subject to the following:
- (a) Unlimited Does Not Mean Prohibited Use. To ensure that all customers have access to reliable services provided at a reasonable cost, Customer may not use our services in a manner that interferes with another customer’s use of our service or disproportionally impacts Union Wireless’ resources. Subject to any applicable limits of Federal law, and without limiting any other provision of these terms, Union Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice, offer a different service plan with no unlimited usage components or deny, terminate, end, modify, disconnect or suspend service, or decline to renew service, if Customer engages in any of the prohibited data uses detailed at Section 13(b) above or any prohibited use in Section 17 below, or if Union Wireless, in its discretion, determines action is necessary to protect Union Wireless, our Network, or other customers from harm or degradation.
- (b) Examples of Prohibited Voice Uses. Voice services may not be used for any other commercial purposes including, but not limited to, resale, providing conference calling services, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, or other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two live persons.
15.International Roaming and Long Distance. Upon Customer’s request to Union Wireless, Customer may roam internationally (outside of the United States of America) but additional charges shall be incurred and a deposit may be required. CAUTION! Substantial international roaming charges may be incurred if Customer takes a “smartphone” out of the United States of America even if no services are intentionally used, as these phones can constantly monitor data, for example, e-mail, application downloads and the like, through Union Wireless roaming partners. Availability and coverage quality while roaming internationally are not guaranteed. For a list of current rates, available carriers and countries, see www.unionwireless.com/international or call 1-888-926-CARE (2273). Billing and credit restrictions may apply. Additional charges shall apply; billings for international roaming may be delayed. Calls placed on other carriers’ networks may take longer to be processed. International calling rates may change from time to time without prior notice; for current rates see website or call Union Wireless. International calls and international roaming are subject to taxes levied by the Countries in which the call is made and/or terminated. Long distance calls by Customer to another country are subject to additional charges.
16.Domestic Roaming. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality and is outside the control of Union Wireless. Billing record of roaming usage may be delayed due to reporting between carriers and may appear in Customer’s next billing. If your usage of the Services on other carriers’ wireless networks (out of network usage) during any two (2) month period exceeds your in-network usage, or if your pattern of usage indicates that you primarily use the Services outside of Union’s Wireless network, Union Wireless may at its option terminate your wireless service or access to data services, deny your continued use of other carriers’ coverage, or change your plan to one imposing usage charges for out of network usage. Union Wireless will provide notice that it will take any of the above actions and you may terminate this Agreement.
17.Lawful and Non-harmful Use. Customer agrees not to use wireless telephone service (including voice, text and data) and/or facilities (including handsets, tablets and other access devices) for or in connection with any unlawful use or purposes nor in any way that may be harmful to the Union Wireless network or services. Unlawful or harmful use or purpose includes, but is in no way limited to: in any way in regard to child pornography; violation of any patent, copyright or other intellectual property rights; stalking, harassing, threatening or the like; use of threatening or terrorizing language; impersonation of another person with fraudulent or unlawful intent; or the connection or use of any devices that have the potential to harm or degrade the network or Union’s services, such as signal boosters or repeaters, except with the permission of Union or as may be specifically allowed by Federal law. Without limiting any other provision of these terms, if you violate this Section, Union may suspend or terminate your service without prior notice and, if terminated, bill you for any applicable ETF.
18.Indemnification of Union Wireless.
- (a) Customer’s SIM Card and the encryption algorithms used are proprietary to Union Wireless. Customer’s SIM Card and its encryption algorithms are provided to Customer for use only in the Customer’s handheld device on networks that do not expose the encrypted data over an open internet or through a public interface or any other manner that potentially exposes Customer’s personal information over the public internet in a non-encrypted manner. Customer’s use of the SIM Card and encrypted data in a device other than Customer’s handheld device is prohibited without the prior written consent of Union Wireless. Customer agrees to defend, indemnify and hold Union Wireless harmless from any damage, loss, injury, cost, suit and attorney’s fees incurred by Customer and/or Union by Customer’s prohibited use of Customer’s SIM Card and encrypted data.
- (b) Customer agrees to indemnify, defend and hold Union Wireless, its officers, directors, employees, agents and parent company harmless from and against any and all claims for damages of any nature arising in any way from, or related to, services provided by Union Wireless, or any person’s use of a Union Wireless service, voice and/or data, including without limitation, claims in tort, including negligence, arising wholly or in part from Union Wireless’ alleged fault or any violation by Customer of this Agreement. This duty shall survive the termination of this Agreement.
19.Lost Phone/Device. Wireless telephone service is mobile telephone service and the device providing service may or may not be secure from unauthorized use. Customer shall insure that the wireless telephone/device is either secured or locked when not in use; Customer will notify Union Wireless promptly if the wireless telephone/device is lost or stolen. Customer understands that in the event that the wireless phone/device is stolen or in the hands of an unauthorized user, the Customer is responsible for all service provided until such time as Customer reports such information to Union Wireless and Union Wireless has deactivated the Customer’s telephone number. Customer is responsible for paying the monthly recurring charge for service even if the phone/device is deactivated.
20.Text and Multimedia Messaging. “Multimedia Messaging” includes picture, video and sound attachments. Certain Union Wireless plans provide for unlimited messaging in the United States of America. Union Wireless does not guarantee delivery or receipt of messages but will use reasonable efforts to deliver and receive messages. Customer shall incur additional charges for messaging from the United States of America to another country or receiving messages from another country while Customer is in the United States of America. Messaging by Customer when outside of the USA shall result in the additional charges. For international rates please see www.unionwireless.com/international or call 1-888-926-CARE (2273).
21.CareFree Calling. Certain Union Wireless plans offer CareFree Calling as an optional service. CareFree Calling is designed to help protect against higher overage costs and is automatically included in all new calling plans at no additional charge for the first 90 days of service. Unless Customer contacts Union Wireless to cancel this service within the first 90 days of service, the option will automatically renew each month, and beginning with the fourth month of service the Customer will be charged the current rate for this option. In the event Customer uses all available minutes or messages or Customer has used services (voice, messages and/or data services) not included in Customer’s Plan, if it is more economical than paying overage minutes or out of plan use charges, CareFree Calling moves the Customer to the lowest priced plan that would cover Customer’s usage. If Customer’s next month’s usage conforms to Customer’s original plan, the Customer’s plan reverts to the lower priced original plan. CareFree Calling only applies to domestic voice, messaging and data services usage; additional charges apply to usage outside the USA.
22. Limitation of Liability. Union Wireless makes no guarantees or warranties, expressed or implied, including without limitation fitness for a particular purpose or use or merchantability. In no event shall Union Wireless be liable for special, consequential, indirect or treble damages, attorney fees, or court costs in contract or in tort. Union Wireless’ sole and maximum liability exposure for any damage actually caused by Union Wireless shall be a refund of the amount paid by Customer to Union Wireless for the month in which Customer’s loss occurred. This Agreement is not for the benefit of any third party except Union Wireless’ parent company, affiliates, subsidiaries, and successors in interest.
23.No Waiver. If Union Wireless, for any or no reason, does not enforce any of its rights under this Agreement in any instance, such non-enforcement shall not be a waiver of Union Wireless’ right to enforce all its rights in another instance. Any waiver by Union Wireless must be in writing.
24.Returned Checks. Union Wireless may charge you $25 for any returned or dishonored check.
25.No Assignment. Customer shall not assign this Agreement or any of Customer’s rights or duties under it without the prior written consent of Union Wireless. Union Wireless may assign this Agreement or any debt Customer owes Union Wireless without notifying Customer.
26.Arbitration/ Waiver of Class Actions. Most customer concerns or disputes can be resolved through our Customer Care Department. However, if either of us has an issue which cannot be resolved without third party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your wireless service or equipment, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Prepaid Wireless Service as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The waivers in this section continue in force and effect after the termination of this agreement.”
27. Entire Agreement. This Agreement, the Union Wireless Service Contract and any documents they incorporate now, or after notice to Customer in the future, constitute the entire Agreement between Customer and Union Wireless. Customer cannot rely on other documents or what is said by any sales or customer care representative if such is contrary to this Agreement. No unwritten changes to this Agreement shall be of any force or effect.