Prepaid Wireless Service Terms & Conditions
These terms and conditions are applicable to all customers who obtain Prepaid Wireless mobile telephone cellular service ("service") from United States Cellular Corporation, and its authorized agents ("U.S. Cellular®"). These terms and conditions, as well as any additional information contained in the Prepaid Wireless Information Sheet, constitute the full agreement between Customer and U.S. Cellular for Prepaid Wireless service.
- Availability. Service is available to your mobile telephone only when it is within the operating range of U.S. Cellular's network. You understand that service may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage by U.S. Cellular or its agents and employees, are not guarantees and are subject to these terms and conditions. When you roam into another cellular carrier's coverage area, Prepaid Wireless service may not be available.
- Use of Service. Service is furnished for your use only. Each mobile telephone number can only be used for one phone and one electronic serial number. You agree not to use your phone for any unlawful, fraudulent, or abusive purpose or in such a way as to create damage or risk to, or interference with, U.S. Cellular's business reputation, employees, facilities, or to third parties, or the public generally.
- Charges and Billing. In order to activate service, an activation fee and an additional amount equal to at least one month's access charge, must be applied to your account. The total amount of your initial payment will vary based on the rate plan and other features you select. The minutes and overage rates of your plan apply to home area calls only. You agree to pay all charges for service and phones(s) in accordance with these terms and conditions and your Prepaid Wireless Information Sheet. Acceptance by U.S. Cellular of your advance payments shall not be deemed a waiver of our right to increase or decrease prices at any time and shall not relieve you of your obligation to pay such increased or decreased prices. The monthly access charge for service for the first month is payable upon activation of your Prepaid Wireless account and shall be returned to you if U.S. Cellular does not accept your service request. Access charges will continue until the account has reached a $0 or negative balance. You are responsible for payment of all charges, including any applicable taxes, usage charges, landline access charges, toll charges, government required telecom fees, public utility commissions charges, or any other charges which may apply. All charges applicable to your account will result in a reduction of your account balance. Dial *611 from your cellular phone for applicable charges in your state. You are also responsible for applicable roaming charges and charges for special types of calls such as time or weather information. Each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you push the "send" button until you terminate your call. Except where prohibited by law you agree to reimburse U.S. Cellular for its costs, including reasonable attorneys' fees, collection fees and similar expenses incurred by U.S. Cellular in the enforcement of any right or privilege in connection with your service. Due to delayed reporting by other carriers, some wireless usage while roaming outside a U.S. Cellular market may be billed in months subsequent to your actual usage.
- Theft. In the event your phone is stolen, you are liable for all usage and toll charges originating from your mobile phone number until you report the theft to U.S. Cellular┬«. U.S. Cellular may require a police report or sworn statement verifying the theft before waiving any charges.
- Refund. You may cancel the service and receive a refund of all money paid at time of activation less the $30 activation fee, by notifying a sales representative and delivering your copy of your Prepaid Wireless┬« Information Sheet and your phone(s) within 15 days of the date you activated service. Your refund shall be sent to you by check made payable to you. In order to be eligible for refund, your phone(s) must be returned undamaged, with the original box, inserts, and other items which may have been included with the phone at time of sale.
- Refills. You may deposit money into your account at any time. The minimum amount that can be deposited at any one time is $5.00. Personal checks are not accepted for refills. Deposits can be made at all U.S. Cellular owned retail locations and some select authorized agents. Western Union locations may also process refills, but additional charges and different deposit minimums may apply. In lieu of visiting a store, deposits can also be made as follows: (a) Automatic Deduction. If you have indicated on the Prepaid Wireless Instant Refill form that you would like credit card or bank draft deduction, you have authorized U.S. Cellular to automatically charge your credit card or checking account in one of the following ways: i) Balance Driven: When your Prepaid Wireless account drops below $5.00 in the amount you have selected; or ii) Date Driven: On the day of the month you select; must be same day every month. It is your responsibility as the credit card or checking account/bankdraft holder to ensure that the necessary credit is available on your card or checking account/bankdraft at the time that the charge occurs. (b) Manual Dial-In. If you are an established credit card or checking account/bankdraft customer, you will be able to manually replenish your account by dialing #369, entering the last four digits of your social security number and entering the amount that you would like deposited into your account. When you perform the above procedure, you are authorizing U.S. Cellular to charge your credit card or debit your checking account.
If it is determined that your card or checking account does not have the requisite balance sufficient for the amount indicated in the Prepaid Wireless Information Sheet or requested, the charge will not occur and you will be responsible for replenishing your account in another manner.
You will not be able to use your phone if the balance on your account is less than the amount of your applicable monthly charges. Additional services (such as directory assistance, roaming, international calls, etc.) are only available if sufficient funds are in your account. You may be charged your monthly access fee at any time of day, so you should refill before your monthly plan date to avoid service interruption.
- Disconnection. If your account has a $0 or negative balance for 120 days or more, the account will be disconnected. Any applicable monthly charges will apply until your account is disconnected or otherwise terminated. You will be subject to reactivation charges if service is reconnected, and it may be necessary for U.S. Cellular to reassign you a new phone number.
- Termination. You may terminate service at any time by notifying U.S. Cellular. A request to port your number will be a request by you to terminate service. U.S. Cellular may terminate or suspend your service if you fail to perform any obligations of the terms and conditions governing Prepaid Wireless┬« service. Unused balances will not be refunded if service is terminated pursuant to this paragraph.
- Notice of Defects. You shall, within 60 days after any charge is incurred on your account, notify U.S. Cellular as to any insufficiencies or defects with respect to services rendered. In the event you fail to notify U.S. Cellular within the time period set forth above, then all charges issued to you shall conclusively be presumed correct absent manifest error, and you shall have waived any right to contest same in any subsequent legal proceeding.
- Arbitration. Any controversy or claim arising out of or relating to the service, including but not limited to claims based on tort, breach of contract, or violation of statute, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You acknowledge that these terms and conditions evidence a transaction involving interstate commerce, and is therefore governed by the United States Federal Arbitration Act. You also acknowledge that by agreeing to arbitration, you are waiving your right to litigate in court, including any right to a jury trial. The parties agree that all claims shall be treated individually and there shall be no consolidation of claims or class actions.
- Limits of Liability. In no event shall U.S. Cellular be liable to you for, and no credit allowance will be given for; (a) any indirect, special, punitive, or consequential damages or lost profits arising out of or related to the service, (b) interruptions or delays in transmission, or for errors or defects in transmission, or for failure to transmit when any such problems are caused by acts of God, fire, war, riots, government authorities, interruptions of service on any system not belonging to U.S. Cellular, or otherwise by causes beyond U.S. Cellular's control or, (c) any damages for interruptions caused by your negligence or by your willful acts, or for interruptions caused by failure of service other than the company's service, or equipment failure of any kind. If, however, service is interrupted for more than twenty-four (24) hours in a given month due to U.S. Cellular's negligence or breach of these terms and conditions, U.S. Cellular will make a credit allowance at your request, in the form of a pro rata credit of access fees per day of lost service. Such allowance shall be U.S. Cellular's complete liability to you for interruption of service. You agree that U.S. Cellular shall not be liable to you as the customer or to any third parties who may use your service and/or phone for any claim, damage, or loss arising from the provision of wireless emergency services including but not limited to 911 and enhanced 911.
- Assignment. U.S. Cellular may assign in whole or part its right or duties under these terms and conditions without notice to you and upon such assignment U.S. Cellular shall be released from all liability hereunder. You may not assign your interest in your Prepaid Wireless service without U.S. Cellular's prior written approval. Subject to this restriction, this Agreement shall inure to the benefit of and be binding upon the heirs, successors, and assignees of the respective parties.
- Governing Law and Regulations. Prepaid Wireless service, including all matters relating to the validity, construction, performance and enforcement thereof, shall be governed by applicable federal law, the regulations of the FCC, and the laws and regulations of the State of Illinois.
- Entire Agreement. These terms and conditions and the Prepaid Wireless Information Sheet contain the entire agreement between you and U.S. Cellular for service hereunder, and you acknowledge that you are not relying on any prior or extemporaneous agreements, understandings, representations, negotiations of contracts, verbal or written, made by U.S. Cellular or any of its employees, representatives, agents, or affiliates other than those expressly stated in writing herein.
- Severability. Wherever possible, these terms and conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision herein shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms and conditions.
- Amendment. U.S. Cellular may change the terms and conditions upon which Prepaid Wireless service is offered, at any time by providing you with notice of any material change. If you do not agree to the proposed changes, you may discontinue or cancel your service by notifying us in writing within 30 days from the time you receive notice. You will receive a refund of any unused balances. If you use the service after the 30-day period, you agree to be bound by the changes.
- Disclaimer of Warranties. U. S. Cellular makes no warranty regarding the services, other than any such warranties as may be specified herein, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose. U.S. Cellular does not manufacture phones or software, and your only warranties and representations with respect to the phones and software are those provided by the manufacturer.
- Messaging. If your phone is equipped with text messaging capabilities, you are bound by U.S. Cellular terms and conditions applicable to messaging which can be found at www.uscellular.com/messagingterms. Digital phone and service are required. Users must be in their digital local calling area for service to work. There is a 150-character limit per message for text messaging and messages may be segmented into smaller units.