Cellular One Terms and Conditions
Please read these Terms and Conditions carefully. Your agreement with Cellular One includes these Terms and Conditions ("T&Cs"), your Service Agreement, applicable supplemental terms and conditions, which are available at www.cellularoneonline.com (collectively "Agreement"). These Terms and Conditions are a legally binding agreement between you and Cellular One (“Cellular One” or “we”). They contain important information about your legal rights, and require that certain disputes be resolved through arbitration instead of a court trial. Cellular One reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Cellular One website found at www.Cellularoneonline.com. Cellular One, therefore, encourages all subscribers to review the Terms and Conditions on our Website periodically.
Cellular One complies with the Federal Communications Commission's ("FCC") Open Internet Broadband Industry Rules as they pertain to Cellular One as a mobile broadband provider. In our pre-purchase collateral and in the disclosures below, we seek to provide you with transparency into Cellular One’s network management practices, performance characteristics and terms and conditions of our services so that you can make informed choices about our mobile broadband services; and so that content, application, service and device providers have the information needed to develop, market, and maintain Internet offerings.
By purchasing or activating your Cellular One Electronic Device or using any Cellular One service (“Service”), customer (“You”) acknowledge and agree to the following terms and conditions:
1. WHAT YOUR CONTRACT CONSISTS OF AND WHEN THE CONTRACT STARTS
Your agreement with Cellular One includes these Terms and Conditions ("T&Cs"), your Service Agreement, applicable supplemental terms and conditions, and your Rate Plan terms, which are available at www.cellularoneonline.com (collectively "Agreement"). Your Rate Plan includes your monthly Service allotments for minutes, messages or data ("Allotments"), rates, coverage and other terms ("Rate Plan"). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern. Your Agreement applies to each line of Service. Please read these T&Cs carefully. They cover important information about Cellular One services provided to you ("Service"); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service ("Device"); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device ("Charges"). These T&Cs include fees for early termination, Rate Plan changes, and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
Your Agreement begins on the day we activate your Service(s) and continues through the Term of Service, typically a 24 month period (“Service Commitment”), specified on your Service Agreement. At the end of your service commitment, this Agreement will automatically continue on a month-to-month basis. If your Agreement has no Service Commitment, it is a month-to-month Agreement.
Any applicable state public utility commission tariffs also govern.
2. NATURE OF SERVICE
Our rate plans, 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.
3. OUR AGREEMENT TO PROVIDE YOU CELLULAR SERVICE; YOUR AGREEMENT TO PAY, BLOCKING
During the term of this Contract, Cellular One will provide you with cellular service where Cellular One is 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. Cellular One may also enter into roaming agreements with other carriers to allow you to use your phone where Cellular One lacks 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 Rate Plan or as posted in our stores or on our Website and according to this Contract. Cellular One 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). Cellular One blocks all international roaming calls by default. In order to use your phone in foreign countries you need to contact Cellular One Customer Care at 800-730-2351 and ask that your phone be unlocked for use in a foreign country. Customers traveling abroad should be aware that international roaming charges can be exceptionally high. Particular rates for particular countries can be found at www.cellularoneonline.com/plans, Customer Care, or any of our retail store locations
4. CONTRACT TERM, TERMINATION, AND EARLY CANCELLATION FEE
Your Contract will be for the initial term required by your Rate 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. Cellular One may terminate if you breach this Contract, including but not limited to, failure to pay your monthly service fees when due, use of the service for fraudulent or unlawful purposes, disproportionate Roaming, as discussed below in Section 6, 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. Unless you terminate your Agreement following this procedure you will still owe all charges you incurred, including any cancellation fee.
5. YOUR RATE PLAN DESCRIBES YOUR CHARGES, INCLUDED MINUTES, AND ADDITIONAL CHARGES
Your Rate Plan explains your particular plan for your cellular service. Because it is part of your Contract, it is important you understand it. If you have any questions about your Rate Plan, (1) ask a sales associate at any of our retail stores; (2) review our Website; or (3) call Customer Care at 800-730-2351.
6. IMPORTANT INFORMATION ABOUT “ROAMING” CHARGES
In order to provide you the most widespread and reliable cellular service, any time your Device 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 when you place or receiving a voice call/SMS(text)/or accessing data 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 Rate Plan. Your Device may connect to another provider's network ("Off-Net") even when you are within Cellular One’s home coverage area. Check your Device to determine if you are Off-Net. There may be extra charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your Rate Plan. Even in Cellular One’s home coverage area, your quality and availability of service may vary significantly. You must use your Device predominantly within the Cellular One Home Network Area. Disproportionate roaming (including unlimited plans of any kind) occurs when a user’s usage is on other carriers' networks (Roaming or Off-Net usage) greater than fifty percent (50%) during any two months during a 12-month period, measured from the start date of your contract, in which case Cellular One may, at its option, terminate your 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.
Cellular One will provide you with notice that it intends to take any of the above actions, and you may terminate this Agreement without being assessed a termination fee.
7. FAIR USE POLICY
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 other customers’ services or our network. 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 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: 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. Our data services may not be used for any illegal purpose or to continuously stream data, including but not limited to: a) continuous file transfers, b) telemetry applications, c) automatic data feeds, d) Web camera posts or broadcasts, e) automated functions, f) machine-to-machine applications or peer-to-peer file sharing or hosting service, g) redirecting television signals for viewing on personal computers, (h) transmitting or facilitating unauthorized advertising, junk mail, or spam, (i) as a substitute for private lines, frame relay or other dedicated connections, or (j) for activities adversely affecting the ability of others to use either Cellular One’s wireless services or other parties' Internet-based resources, including, but not limited to 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, (i.e., Tethering - unless customer is using a plan designated for such usage).
8. UNLIMITED USE PLANS
If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited usage plans” are subject to Cellular One’s prohibited network uses, disproportionate roaming, and Fair Use Policies, as set forth above. Cellular One may, at its option, terminate your wireless service, deny you continued use of other carriers' coverage, or change your plan to one imposing charges for roaming usage.
9. MESSAGING (TEXT, VIDEO AND PICTURE) AND DATA
Certain messages, including those to third parties to participate in a promotion or other program, will result in additional charges. Rates for texting to or from a foreign country 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 devices. 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 equals 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. You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan ("Data Plan") as part of your Service, or as otherwise provided by your Rate Plan or prepaid data pass.
9.1 Network Management. In addition, if your total usage exceeds your data plan (amount is subject to change without notice; please check Cellular One's Terms and Conditions on www.cellularoneonline.com for updates) during a billing cycle we may block you, we may reduce your bitrate transfer speed (i.e., data speed) for the remainder of that billing cycle. Cellular One employs reasonable network management practices that are appropriate and tailored to provide security, confidentiality, and integrity of network services; reasonable measures to address traffic that is harmful to the network, and providing services or capabilities consistent with an end user's choices regarding services offered. We manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. We use web optimization techniques to streamline web page downloads increase efficiency of data transmitted in the process, including caching data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.
9.2 Data Plans. Cellular One may, from time to time, offer Data Plans that offer “Unrestricted Increments Of Usage” up to a specific amount of megabytes or gigabytes of data use. Unrestricted Increments Of Usage means Cellular One does not intentionally reduce a user’s bitrate transfer speed. Once a user reaches the specific amount of data of a particular Data Plan, Cellular One intentionally reduces the user’s bitrate transfer speed. Therefore, it is important you understand your particular Data Plan. Further, Cellular One may have roaming agreements with other carriers that allow a user to access data on a Cellular One roaming partner’s network. Cellular One reserves the right, in sole discretion, to restrict what carrier a Cellular One customer may roam on while out of the Cellular One Home Network, as well as restrict or reduce bitrate transfer speed.
BECAUSE OF FACTORS OUT OF ITS CONTROL, INCLUDING BUT NOT LIMITED TO, INTERNET CONGESTION, NETWORK CAPACITY, AND RELIANCE ON THIRD-PARTY PROVIDERS, CELLULAR ONE DOES NOT GUARANTEE DATA SPEEDS.
9.3 Content or Applications. Some Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) ("Content & Apps") that you can purchase with your Device may not be sold by Cellular One. For some third party purchases, although the charges may appear on your Cellular One bill, Cellular One is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through third parties. Unless otherwise stated, any support questions for these Content & Apps should be directed to the third party seller. You may be able to restrict access and certain services by implementing controls available at www.cellularoneonline.com or by calling Customer Care. When you use, download or install Content & Apps from a third party seller, you may be subject to license terms between you and third parties.
10. HOW WE CHARGE AND BILL YOU FOR CALLS, TEXT MESSAGES, AND DATA SERVICES
10.1 Billing Cycle, First Month. The monthly access charges set forth in your Rate 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 subsequent bills. Thereafter, billing cycles are normally 30 days.
10.2 Plan Minutes, Texts, and Data. Your Rate 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. Toll, regional calling, and long distance charges will be charged separately, except to the extent they may be included in your Rate 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 Rate Plan, you will be charged for the extra usage at the rates in your Rate Plan, or your Device will no longer work except for emergency services. 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 75%, 85%, 95% and another free text when you reach 100% of your monthly limits. You are covered by this plan unless you opt-out.
10.3 Calculating Voice 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.
11. YOUR RESPONSIBILITY FOR CELLULAR EQUIPMENT
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.
12. YOUR RESPONSIBILITY FOR USE OR ANY MISUSE OF YOUR CELLULAR SERVICE OR EQUIPMENT
12.1 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.
12.2 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.
12.3 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.
13. UNDERSTANDING THE LIMITATIONS OF CELLULAR COMMUNICATIONS
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. Further, if you are in an area where your Cellular One is searching for a wireless signal, or there is no wireless signal or wireless service available to place or receive a call, it is highly probable that a call to 911 will not go through. In such situations, do not rely solely on a mobile phone. 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.
14. LIMITATION OF CELLULAR ONE’S LIABILITY
Cellular One will not be liable for any damages arising from or relating to the service, equipment, or this Contract in excess of the prorated charge for 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.
15. AGREEMENT TO ARBITRATE DISPUTES AND WAIVER OF CLASS ACTIONS
Almost all customer concerns or disputes are 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.
16. PAYMENT TERMS, COLLECTION COSTS, DEPOSITS, RESTORAL FEES
Charges that we bill are payable by the due date stated on our bill. If your payment is late by fifteen (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 thirty (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, and we may require you to change to a pre-paid plan, or we may suspend or disconnect your service. If your service is suspended for non-payment, we reserve the right to charge a reasonable Restoral Fee upon payment of the past due balance. 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.
17. ENTIRE AGREEMENT, NO WAIVER, PARTIAL ENFORCEABILITY, CELLULAR ONE PRACTICES AND POLICIES
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. Cellular One reserves 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.
18. CELLULAR ONE OPEN INTERNET DISCLOSURE
Smith Bagley Inc. d/b/a Cellular One, is committed to providing all of its customers with the best online experience possible. Cellular One complies with the Federal Communications Commission's ("FCC") Open Internet Broadband Industry Rules as they pertain to Cellular One as a mobile broadband provider. In our pre-purchase collateral and in the disclosures below, we seek to provide you with transparency into Cellular One’s network management practices, performance characteristics and terms and conditions of our services so that you can make informed choices about our mobile broadband services; and so that content, application, service and device providers have the information needed to develop, market, and maintain Internet offerings.
Cellular One does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management, nor do we block content, applications, or services that compete with our voice or video telephony services, subject to reasonable network management.
Generally, Cellular One does not impair or degrade (throttle) lawful Internet traffic on the basis of Internet content, application, or service, or use of a non-harmful device, subject to reasonable network management. In places and times of network congestion, we may manage data connection speeds for a small subset of customers for short durations of time, in order to preserve the overall experience for the majority of our customers. Cellular One may offer customers the ability to choose a rate plan that provide usage at one speed for a set amount of data consumed, and a lower speed for additional data through the remainder of the billing cycle.
Cellular One permits the use of its broadband services for browsing the Internet (via Cellular One phones or devices, including Cellular One home routers), using email, downloading legally permissible content via the Internet, accessing and using corporate email and/or corporate business applications associated with its customers’ places of employment.
Cellular One allows its customers to choose from several rate plans with different capacity levels. Information on these plans is available on our website at http://www.cellularoneonline.com/plans The typical mobile speed range of broadband service experienced by most customers is 500-1Mb down and 500-1Mb up. The typical mobile speed range of non-broadband mobile service experienced by most customers is 70kbps down and 45kbps up. In rare cases of network congestion on the Cellular One mobile network, device management and Cellular One Digital Cellular traffic shall take priority over all other IP data traffic. This management is applied automatically to ensure that Digital Phone calls are maintained, especially in the event of an emergency.
Cellular One does not block applications, impose usage limits, or engage in “throttling” to reduce the throughput to customers using a disproportionate amount of bandwidth. Instead, Cellular One uses an “open pipe” approach and undertakes best efforts to ensure a high-quality online experience for all of its customers. As a result, at times of heavy usage, customers may experience delays in downloading or uploading files or a sluggish Web surfing experience. If significant congestion problems arise in the future, Cellular One’s approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted. In the event of congestion, all traffic is classified as best effort.
All phones and devices connecting customers to our network must be provided by Cellular One, due to network parameters in the device. More information about the specific devices approved for use on Cellular One’s network can be found at its retail website at http://www.cellularoneonline.com/phones.
Cellular One offers its wireless broadband customers unrestricted access to all of the lawful content, services, and applications available on the Internet. However, Cellular One does use tools and policies to protect its customers from spam and other unwanted or harmful Internet content. Cellular One scans all incoming e-mail to Cellular One-provided e-mail domains for viruses and spam. Cellular One customers have the option to turn off spam filtering only, however viruses are blocked and customers do not have access to modify these rules. Cellular One’s filters block over 3 million viruses from entering Cellular One’s network as well as its customers home and office machines every year. Although Cellular One takes measures to block viruses and spam, Cellular One recommends to its customers, that each customer have some type of third-party antivirus and firewall protection. Cellular One will not be held responsible for customers’ devices being infected by viruses, malware, spyware etc. Cellular One reserves the right to limit or block network traffic without prior notice to any account which is suspected of either intentionally or unintentionally performing port-scans, ping floods, or other malicious or virus-like activity. Additionally Cellular One may, at its sole discretion, block any data traffic which it determines poses a threat to the security of the network.
Consumers may access our Pricing and Privacy policies via our website at http://www.cellularoneonline.com. Consumers may contact our Customer Service Department through the company’s website, by visiting one of our stores, or by calling:
TOLL FREE: 1-800-730-2351
Mon-Fri: 7:30am-5:30pm, Sat: 8:00am-4:00pm
(Times listed are Arizona Standard Time)