Mid-Rivers Cellular Service Agreement

 

Thank you for choosing CABLE & CELLULAR COMMUNICATIONS, LLC, d/b/a MID-RIVERS CELLULAR (“Mid-Rivers” or “Company”), 904 C Avenue, Circle, MT 59215, as your cellular service provider. By using the Company’s cellular (wireless) voice and/or data services, you (“Customer”) indicate your consent to the terms and conditions of the following Cellular Service Agreement (“Agreement”). If you do not consent to these terms, you cannot use our service. Your continued use of the Company’s service will confirm your consent to these terms and conditions, as well as your acceptance of any and all changes the Company may make to the Agreement in the future.

 

1. Trial Period: If you are a new customer and are not completely satisfied with the Company’s service, you may cancel without penalty within the first 15 days after purchase. You are responsible for prorated monthly service charges and other charges that may apply. Roaming usage may take up to 60 days to process through billing. The trial period applies only to activation on a new account. The trial period does not apply to additional lines for an existing customer or customers who have had service with Mid-Rivers during the past 12 months.

 

2. Service Availability: Coverage is not available in some areas. COVERAGE MAPS ARE NOT A GUARANTEE OF COVERAGE AND MAY CONTAIN AREAS WITH NO SERVICE. These maps reflect depictions of predicted and approximate cellular coverage. The coverage area shown does not guarantee service availability and may include locations with limited or no coverage. Even within a coverage area, there are many factors, including customer's equipment, terrain, proximity to buildings, foliage, and weather that may impair service. You agree Mid-Rivers is not liable for problems relating to service availability or quality. Service is furnished for use by you or your authorized user. A wireless number will only appear in one wireless equipment unit. Mid-Rivers will only accept orders of any type from you or your authorized agent. Your wireless phone number is the property of Mid-Rivers and you have no property right to this number. Mid-Rivers reserves the right to assign, change or designate this number when such assignment, change or designation is necessary in the conduct of business.

 

3. Rates, Charges & Payment: You will receive bills monthly. These bills are due and payable upon receipt. Bills are delinquent if not paid by the due date as indicated on the bill. You are required to pay Mid-Rivers for all charges associated with wireless service. These charges may include, but are not limited to, activation, installation, roaming charges, airtime charges, data charges, messaging charges, optional features, toll charges and collect calls. DEPENDING ON THE SERVICE PLAN YOU SELECT, YOU MAY BE CHARGED AIRTIME FOR ANY CALLS YOU PLACE OR RECEIVE AND YOU MAY INCUR LONG DISTANCE, AIRTIME AND ROAMING CHARGES FOR CALLS OUTSIDE OF YOUR PLAN’S HOME AREA OR ROAMING MINUTE ALLOWANCE. Chargeable time begins when a connection is established to the called party. Rates and charges may increase upon thirty days’ notice to you. You may elect to change your rate plan to another rate plan available from Mid-Rivers at any time during the term of this agreement. If your equipment is stolen, you are responsible for all wireless service until the theft is reported to Mid-Rivers. This applies to equipment provided by Mid-Rivers or anyone other than Mid-Rivers.

 

4. Roaming: Roaming is when you make or receive calls on another wireless company’s network. The roam indicator on your phone will alert you when roaming. ON CERTAIN CALLING PLANS YOU WILL INCUR ADDITIONAL CHARGES WHILE ROAMING IF YOU EXCEED YOUR PLAN MINUTES. Airtime is billed in full minutes. Actual airtime usage is rounded up to the next full minute for billing purposes. Long distance calls to Canada and Mexico will be billed at $0.25 per minute on the Nationwide Ultimate Plan and if placing a call while roaming on the Regional Choice Plan. All other International long distance calls will be billed at current Mid-Rivers Long Distance International rates.

 

5. Data Usage: Gigabytes (GB) used in excess of the Data Plan allowance will be aggregated each month, rounded up to the next GB, and billed at your plan’s current data overage rate per GB. One gigabyte is equal to 1024 megabytes & one megabyte is equal to 1024 kilobytes. YOU CAN MONITOR USAGE ONLINE OR ON YOUR MOBILE DEVICE THROUGH SMARTHUB. Additional charges may apply for downloaded content in addition to charges for data sent/received.

 

 

7. Mid-Rivers’ Right to Terminate Service: While Mid-Rivers maintains voice, messaging and data Roaming Agreements with other carriers and allows the use of these services with your Mid-Rivers device on other networks domestically and in limited regions Internationally, THE PRIMARY USE OF YOUR MID-RIVERS CELLULAR DEVICE MUST BE WITHIN THE MID-RIVERS HOME NETWORK AS SHOWN BY YOUR DEVICE’S ROAMING INDICATOR. Mid-Rivers reserves the right, WITHOUT NOTICE, to deny, terminate, modify, disconnect or suspend service if off-network roaming usage in a given month makes up the majority of voice and/or data usage. Off-network usage means voice usage outside of the Mid-Rivers Home Network, and/or data usage outside of Montana. MID-RIVERS MAY LIMIT OR TERMINATE SERVICE IF YOU MOVE OUTSIDE OF THE MID-RIVERS HOME NETWORK. Service may also be terminated for violations of Acceptable Use as noted in (6) above.

 

8. Credit Check and Deposit: Mid-Rivers may perform a credit check before providing service. Mid-Rivers reserves the right to deny or alter the term of service based upon a credit check. Mid-Rivers may require you to make a deposit to be held by Mid-Rivers at any time. You hereby grant Mid-Rivers a security interest in such deposit to secure the payment for all sums due hereunder as well as the performance of all other obligations you may have to Mid-Rivers, whether they exist now or arise later. Deposit amount and conditions are set forth in the Service Offerings & Price List issued by Cable & Cellular Communications, LLC. Mid-Rivers may apply your deposit against your bill or any other amount you owe Mid-Rivers upon termination of service. You consent to Mid-Rivers’ disclosure of account information to or from credit reporting agencies, credit bureaus, private credit reporting associations or from other providers of wireless service.

 

9. Non-Payment/Breach: Upon non-payment of any sum due to Mid-Rivers for any other service, repairs or equipment, or upon a violation of any of the conditions of this Agreement, Mid-Rivers may (by notice in writing to you, without incurring any liability), either terminate the agreement or temporarily disconnect your service. Mid-Rivers may terminate service in the event of insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, sale of substantially all of your assets, liquidation, dissolution, reorganization or other similar proceedings as initiated by or against you, the customer. Mid-Rivers may refuse or disconnect service without notice in that event that services are not available from the network provider or its successor, your credit information is not accurate, service is used in a manner that adversely affects Mid-Rivers service to others or is in violation of FCC Rules or Regulation, or if Mid-Rivers becomes aware of facts that indicate your credit standing has deteriorated. Mid-Rivers reserves the right to require deposit for continuation of service if necessary. Mid-Rivers will assess our standard NSF charge for any check or other negotiable instrument rendered by you and returned unpaid by a financial institution for any reason. Mid-Rivers may demand payment by money order, cashier’s check or similarly secure form of payment at its discretion. If Mid-Rivers obtains the service of a collection agency or attorney to assist Mid-Rivers in remedying your breach of the agreement, including but not limited to the non-payment of charges hereunder, this expense will be paid by you.

 

10. Liability of Mid-Rivers: Mid-Rivers’ liability for interruptions in service, or in components of service provided by Mid-Rivers, is limited to the allowance of a credit on the customer bill. This amount will not exceed the charges billed by Mid-Rivers to you for wireless service pro-rated for the period in which the service problem occurred. No credit will be given for a service problem of less than 24 hours in length. Mid-Rivers has the right to deny any request for credit for an alleged service problem where the evidence of the problem is inconclusive, or the request is unwarranted or insufficient for any reason. Limitations or interruptions to service include, but are not limited to availability of radio frequency channels, transmission limitations caused by atmospheric and other conditions, coordination with adjacent wireless companies, system capacity limitations, equipment upgrades, reallocations, modifications, failures, and repairs and/or similar activities. Mid-Rivers assumes no duty to provide uninterrupted service to you or your authorized user. Mid-Rivers has no liability for any of the above referenced conditions arising out of interruptions, delays or failures of transmission. Mid-Rivers has no liability for customer negligence and willful acts, the failure of service and equipment provided by other providers, acts of God, fire, riots, government authority, or other causes beyond the control of Mid-Rivers. Except as provided above, you hereby agree that Mid-Rivers is not liable for, and will be held harmless by you from and against any and all claims and damages, of every kind, including specifically consequential or special damages, arising out of the use of any service and/or equipment provided under this contract, as well as any damages arising out of or attributed (directly or indirectly) to service problems. You also agree to indemnify Mid-Rivers for any of these types of claims and damages.

 

11. NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service): Mid-Rivers Wireless presently does not transmit wireless emergency alerts (WEA’s). Notice required by FCC Rule 47 CFR 10.250 (Commercial Mobile Alert Service).

 

12. Governing Law: This Agreement is governed by the laws of the State of Montana.

Mid-Rivers Equipment & Device Payment Plan Agreement

 

1. Trial Period: If you are a new customer and are not completely satisfied with Mid-Rivers service, you may cancel without penalty within the first 15 days after purchase. Your wireless equipment must be returned to Mid-Rivers for a refund of the actual purchase price (if applicable). Activation fees will not be refunded. You must return your device in its original packaging with all original contents, undamaged and in good working condition with no material alterations to the device's hardware or software. If you do not return your device as stated, we may elect not to process your service cancellation or we may charge you the repair or replacement cost for a damaged, destroyed, or non-returned device, plus any shipping and handling charges.

 

2. Equipment: WIRELESS EQUIPMENT IS YOUR PROPERTY. You bear the entire risk of loss, theft or damage to the device from any cause during the term of this Agreement, including any remaining balance due on Device Payment Plan. Handset Replacement Plan is available on new phones for an additional monthly fee.

 

3. Warranty: The manufacturer’s warranty is the only warranty that will apply. Mid-Rivers does not guarantee the equipment against defects, nor will they provide additional warranties or extensions of existing manufacturer’s warranties. Mid-Rivers will provide a temporary phone of Mid-Rivers’ choice at no charge during repair of your cellular phone. You are responsible for any repair charges incurred as a result of a voided warranty or out of warranty product. You hereby waive all other warranties, guarantees, conditions, or liabilities, express or implied, arising by law or otherwise including without limitation, consequential, special or incidental damages, whether or not occasioned by Mid-Rivers’ negligence and including without limitation, liability for any loss or damage resulting from the interruption or failure in the operation of any equipment provided hereunder.

 

 

5. DEVICE PAYMENT PLAN - SECURITY AGREEMENT: You agree to pay Mid-Rivers the total sale price of the wireless device referenced on Page 1 of your Mid-Rivers Cellular (Wireless) Sales & Service Agreement generated at the time of purchase. Mid-Rivers will finance device payments for customers with approved credit at 0% ANNUAL PERCENTAGE RATE (APR), $0.00 FINANCE CHARGE, FOR A PERIOD OF 24 MONTHS WITH EQUAL MONTHLY PAYMENTS BILLED ON YOUR MID-RIVERS MONTHLY STATEMENT. Mid-Rivers reserves the right to require upfront payment of up to 100% of the device sale price based on customer credit rating. Any upfront payment amount required (not including any SERVICE deposits that may be required) will be applied toward the total sale price of the device with monthly device payment amount adjusted accordingly. Late/non-payment fees apply for late payment, NSF, or other default. You must remain on a qualifying service plan in good standing for duration of Device Payment Plan Agreement. IF YOU CANCEL MID-RIVERS CELLULAR SERVICE, THE REMAINING BALANCE ON DEVICE BECOMES DUE. You may prepay the total balance due under this agreement at any time before the final scheduled payment is due without penalty. Customers in good standing may upgrade device at any time by paying off the entire remaining balance due on current Mid-Rivers device and establishing a new Device Payment Plan based on the total sale price of the new device.

 

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