Welcome to Cellular One. This document provides important information about your new wireless service and equipment, including limitations and other terms and conditions that govern our business relationship. It is a legally binding contract, so you should take time to read and understand it. In this Contract, "you" or "your" refers to the customer. "We" and “our” refers to Cellular One. This contract and other information regarding our services, practices, and policies can be found at www.cellularoneonline.com ("Website").
Your Contract for cellular service with Cellular One consists of the "Service Agreement" form that you signed or accepted and this Contract. The Contract begins when you sign the Service Agreement, when you call to activate your cellular service, or when you open the inside package of any cellular equipment you received by mail or in a store, whichever applies. Any applicable state public utility commission tariffs also govern.
Our rate plan, devices, services and features are not for resale and are intended for reasonable and non-continuous use by a person using a device on Cellular One's Home Network Area (aka "On Network"). Cellular One's Home Network Area can be found at www.cellularoneonline.com.
During the term of this Contract, we will provide you with cellular service where we are licensed to do so and have suitable facilities, subject to the limitations described below and subject to the requirements of any Cellular One tariff and applicable laws and regulations. We may also enter into roaming agreements with other carriers to allow you to use your phone where we lack the best coverage, but roaming service is not guaranteed and is subject to additional limitations described below. You agree to pay for our services and equipment we supply at the rates in your Calling Plan or as posted in our stores or on our Website and according to this Contract. We may, in our discretion, amend or add to any rates, charges, or terms, subject to the provisions in the next section. Cellular One may, in its sole discretion, block access to certain categories of numbers (e.g., 976, 900 and international designations). None of Cellular One's Plans offer International Calling. Foreign countries charge different rates for calling and you should be aware that some rates can be exceptionally expensive. Particular rates for particular countries can be found at www.cellularoneonline.com/plans, Customer Care, or any of our retail store locations.
Your Contract will be for the initial term required by your Calling Plan or relevant promotion, usually two years. If you cancel early, a fee of up to $240 will apply. The fee is reduced by $10 for each month of service. At the end of your initial term, the Contract will convert to a month-to-month term. We may terminate if you breach this Contract, use the service for fraudulent or unlawful purposes, or that your usage is disproportionately "Roaming", for excessive use of voice, data and/or text, which is described below, or in violation of Cellular One's Fair Use Policy. You may terminate this Contract: (a) subject to a restocking fee during our 14 day trial period, as described on our website; (b) during the initial term by paying the prorated fee, (c) at any time after the initial term without a fee; or (d) if we change this Contract, our rates, or our Policies in a way that has a material adverse effect on you, but only if you: call or write us within 30 days after the effective date of the change and specifically inform us that you wish to cancel the Contract because of a material adverse change that we have made. After termination for any reason, you will still owe all charges you incurred, including any cancellation fee.
Your Calling Plan brochure explains how you will be charged for your cellular service. Because it is part of your Contract, please take a copy with you or print it out and read it carefully. For some calling plans, your per minute airtime rates may be determined by the time of day you place the call.
In order to provide you the most widespread and reliable cellular service, any time your phone is not receiving a strong signal from our network ("On Network"), it may connect to another carrier ("Off Network") that we have a roaming agreement with. "Roaming" is one Cellular One customer placing or receiving a voice/SMS/or data call or connection request outside the Cellular One Home Network Area. Roaming charges could include but are not limited to: charges for calls that are busy or unanswered, daily fees, taxes, and other charges. Roaming charges in foreign countries ("International Roaming") may be especially high. When you are Roaming you will have to pay additional Roaming charges, except to the extent Roaming is included in your Calling Plan. However, if you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans remain subject to Cellular One's excessive use, and disproportionate roaming, and Fair Use Policy. Disproportionate and/or excessive usage of the Services (including unlimited plans of any kind) occurs when a user's usage is on other carriers' networks (roaming or off-network usage) greater than fifty percent (50%) during any two months during a 12-month period, measured from the start date of a user's contract, in which case Cellular One may, at its option, terminate user's wireless service or access to data Services, deny user's continued use of other carriers' coverage, or change user's plan to one imposing usage charges for roaming usage.
In order to provide reliable services at reasonable costs to our customers we have certain restrictions in place to ensure the activities of some users do not disrupt or impair our customer's services. You may not use our services in a manner that harms, or unduly interferes with Cellular One's network or system. Or in a manner that is unlawful, or infringes on intellectual property rights. Cellular One reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice SMS or data uses set forth in this Agreement or Cellular One's Fair Use Policy, found at www.cellularoneonline.com/fair-use-policy if Cellular One, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation. Cellular One voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described herein. The following is a non-exclusive list of prohibited voice uses: Cellular One services may not be used for monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Cellular One data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities The following is a non-exclusive list of prohibited data uses:, the non-continuous streaming of videos, downloading of files or on-line gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (iv) for activities adversely affecting the ability of other people or systems to use either Cellular One's wireless services or other parties' Internet-based resources, including, but not limited to, (1) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (2) for any other reason that, in our sole discretion violates our policy of providing service for individual use.
If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans shall remain subject to Cellular One's excessive use, and disproportionate roaming, and Fair Use Policy. Disproportionate and/or excessive usage of the Services (including unlimited plans of any kind) occurs when a user's usage is on other carriers' networks (roaming or off-network usage) greater than fifty percent (50%) during any two months during a 12-month period, measured from the start date of a user's contract, in which case Cellular One may, at its option, terminate user's wireless service or access to data Services, deny user's continued use of other carriers' coverage, or change user's plan to one imposing usage charges for roaming usage.
Certain messages, including those to third parties to participate in a promotion or other program, will result in additional charges. Texting to or from a foreign country rates may be especially high and may vary and are subject to change. There is no guarantee that messages will be received, and Cellular One is not responsible for lost messages. Text messages are typically limited to 160 characters.
Data Services are available only with particular Cellular One phones. The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Unless specified otherwise 1024KB equals 1MB. 1024MB equal 1GB. Usage is calculated on a per kilobyte, megabyte or gigabyte (depending on your rate plan) basis and is rounded up to the next whole kilobyte, megabyte or gigabyte. Data activity on your phone occurs regardless of who initiates the activity, and you are responsible for all data activity from and to your phone. Your bill will not separately identify the actual amount of data used (i.e., KB's; MB's; GB's) associated to your use of specific sites, sessions or services used. Premium content (games, ringtones, songs, etc.) are priced separately. Services are not available for use in relation with server devices or host computer applications, other systems that drive continuous heavy traffic or data sessions, or as substitutes for private lines or frame relay connections. You may not use any Cellular One phone as a modem in connection with a computer, PDA, or similar device. We reserve the right to limit data throughput speeds or quantities, to deny, terminate, end, modify, disconnect, or suspend service without notice for any misuse or any use that adversely affects network performance.
Billing Cycle, First Month. The monthly access charges set forth in your Calling Plan are billed one month in advance. On your first statement, you will be billed for the portion of the monthly access charge calculated from the date you began service to your first bill cycle date, plus the next month's access charge, so your first bill may be larger than later bills.
Plan Minutes, Texts, and Data. Your Calling Plan likely includes a monthly allowance of a set amount of airtime minutes and, if applicable, text messages, and data. Unused minutes, messages, and data allowances are forfeited and you may not use them in a future monthly billing period or apply them to other phones. Your first minutes of home airtime used in a billing period will be deducted from your allowance. Toll, regional calling, and long distance charges will be charged separately, except to the extent they may be included in your Calling Plan. Charges are determined based on your location at the start of a call and do not change if you move during the call. If you use more minutes, messages, or data than are included in your Calling Plan, you will be charged for the extra usage at the rates in your Calling Plan. Cellular One is compliant with the Federal Communications Commission's (FCC) "Wireless Consumer Usage Notification Guidelines." If you are on a plan with limited minutes and/or texting and/or data you will get one free text notification when you reach 80% and another free text when you reach 100% of your monthly limits. You are covered by this plan unless you opt-out. Calculating Minutes. All calls incur a one minute minimum when answered (including answering machines and voicemail). For billing purposes, “airtime” begins when you press "SEND" and ends when the call is disconnected from the cellular system, which may be a few seconds after you press "END." Calls are billed in full minute increments; for example, a 1 minute, 20 second call will be charged as two minutes. Calls to 911 and certain other emergency services are toll and airtime free. However, airtime is charged on calls to toll-free (800, 888, etc) numbers. A per-call, airtime, and other charges apply, as published on our Website, for Information 411 calls. Your statement will include all applicable federal, state, and local taxes. It may also include surcharges and assessments.
You are responsible for all equipment you use in connection with your cellular service and must ensure that it is compatible with our network and complies with all FCC regulations. If we sell or provide you equipment, we will honor such equipment through the manufacturer's warranty subject to Cellular One's internal warranty program as amended from time to time.
General Customer Responsibilities. You are responsible for any and all use and misuse of your phone, whether authorized by you or not. This includes payment of any third party charges, which may be included on your Cellular One bill, such as long distance, downloads, or purchases. If you dispute any such charges, it is your responsibility to resolve disputes directly with the third party. You agree to comply with all applicable laws, rules, regulations, and tariffs and not to use your cellular service or equipment in a way that harms our network or any person or entity.
Motor Vehicles. You agree that you will be liable for any loss, damage, accident, injury, or the like, arising from or relating to the use of cellular service or the presence of cellular equipment in any motor vehicle; or for any damage to any motor vehicle or other property resulting from the installation or presence of cellular equipment.
Indemnity. You agree to indemnify Cellular One and hold Cellular One harmless from all claims, demands, liabilities, or costs of any kind caused by your breach of this Contract or arising from or related to use of cellular service or any cellular telephone equipment by you or any other person or entity with or without your consent; except for any claims arising wholly and solely from the negligence of Cellular One.
As a radio service, cellular service may be interrupted, lost or limited for many reasons including power failures, leaving the coverage area, malfunctioning of services or equipment of Cellular One and its network providers or interconnected carriers, electronic or atmospheric interference, and failures of your equipment. Calls to E-911 will not show your exact location. Additionally because cellular service uses public airwaves, your communications may not be private. These limitations may apply to voice, data, and text messaging services equally.
Due to the limitations of cellular service and for other reasons, Cellular One will not accept any liability for any damages arising from or relating to the service, equipment, or this Contract in excess of the prorated charge for cellular service during the period damages occurred, or the lowest limit in any applicable tariff, regardless of the cause of damage. Also, you agree to waive any claims against Cellular One arising from or relating to the service, equipment, or this Contract for indirect, consequential, special, incidental, reliance, or punitive damages of any kind or nature including, without limitation, any lost profits, lost revenues, lost savings, cost of cover, or any other business loss including loss of goodwill, use of property, or data or messages, regardless of the cause, including damages that may have been caused by the negligent act or omission or willful misconduct by Cellular One.
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, both of us agree to submit to binding arbitration before the American Arbitration Association using the Wireless Industry Arbitration rules. This means that all disputes arising from or relating in any way to your Cellular One service or equipment, whether under this Contract 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 this Contract or the 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 Contract.
Charges that we bill are payable by the due date stated on our bill. If your payment is late by 15 days or more, we may raise your service rates to currently published rates and you will not be permitted to cancel your service before the end of your initial term. If your payment is late by 30 days or more, we may add a late payment charge of $5.00 per month to your bill (or the maximum allowable by law, if less) on the overdue balance until it is paid. If we incur costs to collect late balances you agree to pay all our costs, fees, and expenses, including but not limited to court costs, attorney fees, collection agency fees or commissions. We may, in our discretion, require that you make a deposit with us to ensure your payment of our bills.
This Contract contains the entire agreement between us and supersedes any prior contrary discussions and agreements. The Contract may only be amended as stated above or in a writing that we both sign. If we ignore or waive a breach of the Contract by you, it will not bar us from enforcing any term in the Contract in the future. Other details about our current practices and policies are available in our stores and on our Website and may include, among other things: data limitations, technical requirements, phone numbers, acceptable use, text messaging, credit approval, deposits, Lifeline service to low income customers, location-based services, international Roaming and calling rates and terms, equipment returns, shipping, plan changes, privacy, pre-paid service, trial/grace period, and frequently asked questions. We reserve the right to change Policies at any time, with or without notice. If a Policy conflicts with this Contract, the Contract will govern. If any provision in this Contract or a Policy is ruled unenforceable or invalid, you agree that it does not affect the validity or enforceability of the remaining Contract terms or other Policies.