HomeMy WebLinkAboutContract 2090Corporate Order Form ";,!„~' ~,~..,
BUSINESS ACCOUNT INFORMATION Authorized Corporate Purchasers Onl : *Activation T e: ®New ^ Add-on
*Company Name: City of Columbia Heights *Authorized Corp Purchaser or Authorized User(s): Scott Nadeau, Lenny Austin, Gary Gorman, Johns
Larkin
*Federal Tax ID: 416005069 Credit A royal Code & Class: 209p
*Billin Attention: Scott Nadeau *Billin Account Number BAN : 572703512 '~
*Billin Address: 559 Mill Street N.E. *Existin Mobile Number If a licable to order
*Billin Cit /State/Zi Code+ 4: Columbia Hei hts, MN 55421 *Co Node:
*Business Phone No: 763-706-3750 *Intemational dialin and roamin included Limit ILD ILD Bars *'`
Business De t Code: *Tax Exempt: status confirmed ^Yes ®No ^ NlA
*Business Email Address: Scott.Nadeau@ci.columbia-
hei hts.mn.us *Personal Coverage Check Complete: ®Yes ^ No
*Shi in Information- It same As aiu m: ® *Sales A ent Name & Code:
__- _ Donald Baron 1825544
*Shi in Attention: Scott Nadeau *Sales A eht Phone: 952-833-4126
*Shi in Address: *Sales A ent Email ` donald.baron t-moble.com
*Shi in Ci /StatelZip Code + 4: **Please see our Sales Rep for specific details on In ternational dialing and roaming restrictions.
The FCC requires us to keep an emergency address on file for users of T-Mobile@Home Service. This address may be used to help locate a person placing a 911 emergency call while using T-
Mobile@Home service. If a person that will be using the T-Mobile@Home service under this Agreement will be located at a different address than your corporate billing address when using the
service, your authorized representative needs to contact Business Care with the correct 9-1-1 street address for the person. Otherwise, your corporate billing address will be used as the default
address for the person.
^For EXISTING CUSTOMERS signing up for HotSpot@Home-Check here that existing lines are verified & currently on a rate plan of $39.99 or higher. FamilyTime Plans must be $49.99 or
hi her. NEW CUSTOMERS si nin u for T-Mobile Home-Sin le lines must si n up for a rate plan of $39.99 or hi her. Famil Time lines must si n up for a rate plan of $49.99 or hi her.
CORPORATE BENEFITS 1 SPECIAL PROMOTIONS 1 REMARKS: waived activation fees, unlimited weekends, unlimited mobile to mobile, 300 text messa es er line
SERVICES & FEATURES: EQUIPMENT:
# *Qty Pfd Area *Fixed Term in *Rate Plan *Rate Plan Features Features *Device *Qty *Device Accessories Qty Accessories
Code/User months * Name Charge $ Name Charge $ Price $ Price $
Name
1 5 763 ®12 ^24 ^36 Enterprise 5 250.00 Email 9.99 6133 13 0.00
onl 2
2 11 763 ®12 ^24 ^36 add ons 165.00 BIS(1) 19.99 black 1 99.99
8100
3 ^12 ^24 ^36 titanium 2 149.99
Curve
4 ^12 ^24 ^36
5 ^12 ^24 ^36
Monthly Plan & Features Subtotals $: 415.00 39.97 Equipment Subtotal $ 399.97
Total For Month/ Plan & Features $: 454.97 Base Price Total for Equipment $
_ Deposit $
*There will be a one time activation fee per wireless number. Zip Code Tax $
Total E ui ment Amount $ 399.97+tax
WLNP PHONE NUMBER TRANSFER RECJUFST C1SP f(]thar Sarvica Prnviriarl IAIFf1RAAATIf1N1 !If ~nnlir~hlnl n~~~..,a o...+ n.,+,. '
*Tax-ID ar Social Securi Number: *Com an Name if a licable
*Account Owner !Contact Name: *Account Password:
*Desired Port Date: Seconda Phone Number:
*OSP Account Owner Name if different from above : *Billin Address if different from above
*OSP Billin Account Number: *Billin Ci ,State
*OSP Phone Numbers to Port ^ See WLNP Bulk Port Form u to 5 lines
Business Sales 040108
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Corporate Order Form .. ... .... *j.° °1;~A.~~.~.1~'
........ ...... .. ...
*DELIVERY TYPE
® Standard Two Day Delivery (no charge) ^ Overnight (additionsishippingchargesmayapply)
***EQUIPMENT PAYMENT ** If submitting Credit Card information, for security purposes, we can only accept this agreement via fax: 516-706-3512
Method of Payment: ^ Credit Card** ®Deferred Payment ^ PO (Please submit PO copy with Service Agreement)
PO Information: PO # SAP # AP Contact AP Phone #
Credit Card Information: ^ MC ^ Asa ^ AmEx
^ Other:
Credit Card No. Exp. Date Authorization No.
Credit Card Holder Name Billing Address Billing City/State/Zip
**"*EASY PAY REQUEST (SERVICE PAYMENT)'* If submitting Credit Card information, for security purposes, we can only accept this agreement via fax
Method of Payment: ^ Credit Card**
Credit Card Information: ^ MC ^ Visa ^ AmEx
^ Other:
Credit Card No. Exp. Date Authorization No.
Credit Card Holder Name Billing Address Billing City/State/Zip
;USTOMER ACKNOWLEDGMENT
he customer acknowledgment and acceptance statements must be reviewed, acceptance box's checked and authorized user name and signature indicated
^ PHONE NUMBER RESPONSIBILITY TRANSFER: By checking this box, signing below and submitting this order, the Corporate Purchaser on behalf of Customer acknowledges that the
Other Service Provider (OSP) Account Owner is transferring full responsibility of the OSP phone number(s) to Customer. And Customer accepts full responsibility for the transferred line(s) of
service. * Only required if porting OSP Phone Number(s) not under Business Customer's Name to Business Customer's T-Mobile Accounf.
® 2 YEAR FIXED TERM: -Customer acknowledges that all equipment and/or lines of Service purchased through this order form shall require a two (2) year fixed term commitment by Customer
and each Master Account User ("Fixed Term"). In the event that Customer or any Master Account User terminates service prior to the end of the Fixed Term, Customer may be subject to a $200
early cancellation fee per number, in accordance with the terms of the T-Mobile Terms and Conditions of Service OR Amended Service Agreement, Business Sales Amendment, or Master
Corporate Service Agreement (the applicable "Agreement") previously executed between Customer & T-Mobile.
^ PAYMENT ACKNOWLEDGEMENT: *Required if making equipment payment via credit card.
By checking this box and submitting this order, I authorize T-Mobile to charge the credit card(s) noted above in accordance with the T-Mobile Terms & Conditions and/or applicable Agreement
executed between Customer & T-Mobile.
^ EASY PAY AUTOMATIC PAYMENT FOR CREDIT CARD: Please charge the monthly T-Mobile service fees to my company's credit card. By checking this box and submitting this order, I
authorize T-Mobile to charge my company's credit card in accordance with the T-Mobile Terms and Conditions and/or applicable Agreement executed between Customer and T-Mobile.
^ Easy Order Agreement and Acknowledgements: Customer wishes to activate additional lines from time to time pursuant to its Agreement with T-Mobile (as identified above and
attached hereto below). Customer, by signing below and submitting this Corporate Order Form to T-Mobile, hereby acknowledges that it has reviewed the terms and conditions of Customer's
Agreement with T-Mobile and agrees, on behalf of itself and all users, that any future lines activated by Customer pursuant to the Easy Order program shall be subject to the terms and
conditions contained in the Agreement (including, but not limited to, any applicable Fixed Term requirement therein) and this Corporate Order Form.
* CUSTOMER ACCEPTANCE (REQUIRED)
® CUSTOMER ACCEPTANCE: By checking this box and signing below, Corporate
Conditions and/or applicable Agreement executed between Customer and T-Mobil
* Authorized Corp Purchaser Name: Scott Na s
*Authorized Signature: Scott Nade
on behalf of Customer, acknowledges that it has received and reviewed the T-Mobile Terms and
r~rgn-~IS_"alf of itself and all Users under this order, agrees to be bound by the terms therein.
*Title:
*Date:
Police Chief
6116108
516-706-3512
Business Sales 040108
Corporate Order Form '1° °`~~~.J'~1~'
T-MOBILE TERMS AND CONDITIONS
Effective 12/04 until amended
Welcome tb T-Mobile. BY ACTIVATING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
("T&C's"). PLEASE READ THESE T&C's CAREFULLY. They affect your legal rights by, among other things, requiring
MANDATORY ARBITRATION OF DISPUTES and charging an EARLY CANCELLATION FEE. IF YOU DO NOT AGREE TO THESE
T&C's, DO NOT ACTIVATE OR USE THE SERVICE OR YOUR WIRELESS PHONE, DEVICE, SMART CARD, OR OTHER EQUIPMENT
("PHONE")AND FOLLOW THE DIRECTIONS IN SEC. 5 BELOW.
These T & C's and your Service Agreement (if any) constitute your agreement with T-Mobile USA, Inc. and its affiliates (together, "T-Mobile,"
"we," or "us") for any wireless services and other telecommunications services that we provide you ("T-Mobile Services"), any applications,
Phones, or products that you purchase or obtain from us or use with the Service ("Products"), and any applications or services that you
purchase, obtain, or use that are provided through or with the Service, or billed to your T-Mobile account ("Third-Party Services") (T-Mobile
Services and Third-Party Service together, the "Service"). These T&C's supercede all earlier versions. To the extent these T&C's conflict with
the T-Mobile Terms and Conditions you receive with your Phone, these T&C's apply. Rate plan and feature information for the Services you
select or use are available to you when you purchase the Service at retail locations and on our website, and are a part of our agreement and
are incorporated by reference into these T&C's (the T&C's, your Service Agreement and the rate plan information together are referred to as
the "Agreement'). You acknowledge that no employee, dealer or other agent is authorized to make any representation or warranty (other
than as described in the Agreement or our current materials) with respect to the Agreement, Service, Products or rate plans and offerings, or
to waive or modify any terms or provisions of the Agreement.
1. Acceptance of Agreement: You accept this Agreement by: (i) activating or using the Service; (ii) signing, orally or electronically
accepting the Agreement; or (iii) are deemed to accept the Agreement, whichever occurs first. You must activate Service within 30 days
after purchase of your Phone (unless returned as provided in Sec. 5). If you don't activate Service within 30 days, you are deemed to accept
the Agreement, and you agree to pay monthly Service charges for the Term according to your rate plan.
2. MANDATORY ARBITRATION TO RESOLVE DISPUTESI CLASS ACTION WAIVERIJURY TRIAL WAIVER: ARBITRATION. PLEASE
READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR
DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT,
OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES ("CLAIM"), SHALL BE
SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). This agreement
to arbitrate also requires you to arbitrate claims against other parties relating to Services or Products provided or billed to you, including
suppliers of Services and Products and our retail dealers, if you also assert Claims against us in the same proceeding. You and we
acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to
arbitrations under the Agreement (despite the choice of law provision in Sec. 23).
BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY
SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT T-MOBILE CUSTOMER RELATIONS, P.0. BOX 37380,
ALBUQUERQUE, NM 87176-7380 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE
TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT,
MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. YOU MUST SERVE OUR REGISTERED AGENT (SEE SEC. 20) IN
ORDER TO BEGIN AN ARBITRATION. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED WIRELESS INDUSTRY
ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY
CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.orq. The AAA has a fee schedule for arbitrations. You will
pay your share of the arbitrator's fees and administrative expenses ("Fees and Expenses") except that: (a) for Claims less than $25, we will
pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, you will pay only $25 in Fees and Expenses, or any lesser amount
as provided under AAA's Supplemental Procedures for Consumer-Related Disputes. You and we agree to pay our own other fees, costs,
and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief
as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or
declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to
arbitrate, you and we agree that: (a) you may take Claims to small claims court, if your Claims qualify for hearing by such court; and (b) if
you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited
strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.
CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING
CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER
IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING SEC. 22, IF A COURT OR ARBITRATOR DETERMINES IN A
CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE
Business Sales 040108
Corporate Order Form °1" ' '"~~.~~'
ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND
WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL
CLAIMS COURT.
JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SEC. 2) YOU AND WE
WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
3. Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHBIITED BY LAW, IF WE: (A) INCREASE THE CHARGES
INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH
YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR
MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY
REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY
FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR
MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO
CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER
CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN (SUCH AS DIRECTORY ASSISTANCE,
ROAMING, DOWNLOADS AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU
CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW
CHARGES. VISIT OUR WEBSITE, RETAIL LOCATIONS, OR CALL CUSTOMER CARE FOR CURRENT CHARGES.
4. Term; Cancellation of Service. If you select a rate plan with a fixed term longer than 1 month, then this Agreement will continue for the
full number of months selected ("Term"). You may cancel Service for any reason by providing us with notice (we may require up to 30
days), which cancellation will take effect on or before the beginning of the next billing cycle after the notice period, BUT IF YOU
CANCEL SERVICE OR BREACH THE AGREEMENT BEFORE YOUR TERM ENDS, YOU AGREE THAT THE RESULTING HARM TO US
IS IMPRACTICABLE OR EXTREMELY DIFFICULT TO MEASURE AND YOU AGREE TO PAY US IN ADDITION TO AMOUNTS OWED,
AS A REASONABLE ESTIMATE OF OUR HARM, A $200 CANCELLATION FEE PER NUMBER (which may be deducted from your
deposit or any amounts prepaid by you, charged to your card or billed to your account). Our cost of providing your Service and
Phone is not incurred evenly over the Term. Our monthly charges and other rates are based on the assumption that you will
remain a customer for the whole Term. You and we agree that it is reasonable for your rates to include the amount of the
cancellation fee. We may suspend or terminate your Service for any reason or no reason upon 3 days notice (unless a longer
period is required by law). If you breach the Agreement, we may suspend or terminate your Service immediately without prior
notice (except to the extent prohibited by law) and do the same for any other service you receive under any other agreement with
us. You breach the Agreement by: (a) failing to pay any sum when due; (b) failing to comply with any provision in this Agreement or any
other agreement between us; (c) becoming the subject of any proceedings under the Bankruptcy Code; (d) becoming insolvent; or (e) your
financial institution dishonoring or returning for insufficient funds your check or credit card. In the event of cancellation, you are responsible
for payment of all charges (including any cancellation fee) due to us under the Agreement, which charges will be immediately due and
payable. If we reinstate Service to you after discontinuing Service, you may be subject to a credit check and agree to pay reactivation
charges or deposits. After the Term expires, you become amonth-to-month customer but are still subject to the Agreement, as modified.
5. Cancellation and Return Policv. There is a Return Period during which you can cancel a newly activated line of Service without paying
a cancellation fee. The Return Period is 14 calendar days from the date of Service activation or 30 days from the Phone's purchase
date if you have not activated Service (the Return Period may be longer in some states, such as CA -visit www.t•mobile.com, or
ask a sales or customer care representative). Even if you cancel Service, you must pay all Service and other charges incurred
prior to cancellation. In order to receive a refund of the purchase price (minus shipping and rebates) of your Phone, you must return it in
"like-new" condition with proof of purchase to the place of purchase during the Return Period along with its original packaging and contents.
You may be required to pay a restocking fee. The purchase price of your Phone may have been subsidized to facilitate your subscription to
the Service. If you cancel service and do not return the Phone in "like-new" condition within the Return Period, you will be charged
for the difference between the full retail price of the Phone without activation (which may be more than the price with Service
activation) and the price you paid for the Phone (minus rebate). This Sec. 5 does not apply to Phone upgrade, replacement, exchange
or other similar programs; see those program materials for details.
6. Service Availability and Limits. Your Phone operates as a radio and Service is only available when your Phone is within range
of an antenna providing Service. Coverage maps only approximate our wireless coverage area outdoors; actual service area,
coverage and quality may vary and change without notice. There may be gaps in Service within the estimated coverage areas
shown on coverage maps. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume,
transmission limits, service outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain,
structures, weather and other conditions (without limit) may interfere with actual service, quality and availability. Calls may be
interrupted, dropped, refused, or limited. Coverage maps may depict coverage in areas where networks are operated by our
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Corporate Order Form °l' ' '~~~~~.~ °
affiliates and roaming partners; such coverage may change without notice. We are not responsible for those networks and some
Services are not available on third-party networks or while roaming. We may impose credit, usage or other limits to Service, cancel
or suspend Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls) at our
discretion. We may suspend Service without notice if you exceed any credit limit. Service may not be transferred to another market
except at our discretion, and we may charge transfer fees. WE ARE NOT LIABLE FOR ANY SERVICE LIMITS, FAILURES OR
OUTAGES, INCLUDING WITHOUT LIMIT, THE FAILURE OF ALERTS, 9.1.1 EMERGENCY, PRIORITY ACCESS OR SECURE SERVICE
CALLS TO BE CONNECTED OR COMPLETED, OR THE FAILURE TO PROVIDE ALERTS OR ACCURATELY LOCATE ANY 9.1.1
CALL (SEE SEC. 14). Location services, including 9.1-1 location services, emergency or other alert systems, priority access and
secure service calls may not be available in your area and are subject to the Service limitations in this Sec. 6.
7. Use of Service. You may not use, or attempt to use, the Service, the network, or your Phone for any fraudulent, unlawful,
improper, harassing, excessive, harmful or abusive purpose ("Improper Uses"), or so as to adversely or negatively impact our
customers, employees, business, ability to provide quality service, reputation, or network, or any other person. We may determine
on a case-by-case basis what constitutes Improper Uses. Improper Uses include, without limit: (a) using an automatic dialer or program; (b)
sending unsolicited messages or calls; (c} attempting to interfere with the access of any user, host, or network; (d) identity theft; (e)
attempting to decipher, decompile, or reverse engineer any software; (f) posting or transmitting unlawful, infringing, or objectionable content
as determined by us; (g) probing, or attempting to tamper with or harm our systems, network or customers; or (h) reselling or attempting to
resell any aspect of the Service, whether for profit or otherwise. If we suspect a violation of this provision, we may: (i) begin legal action; (ii)
suspend or terminate Service immediately and without prior notice; (iii) suspend or terminate service provided to you under any other
agreement with us; and (iv) cooperate with law enforcement in prosecuting offenders. You agree to cooperate with us in investigating
suspected violations. We may terminate your Service or change your rate plan at any time, with notice, if we determine, in our sole
discretion, that your use of the Service is excessive, unusually burdensome, or unprofitable to us, You have no proprietary or ownership
rights to a specific wireless telephone number ("Number"), IP address, or a-mail address assigned to you or your Phone; we may change
them at any time. You may not program any other Number into your Phone. We may charge you to change your Number.
8. Use of Phone with Other ProviderslPhone Purchases. Wireless devices and networks do not all use the same technologies.
Your Phone may not be compatible with the network and services provided by another wireless service provider and, therefore,
may not work with that provider's wireless service. You may buy a Phone from us, or from someone else, but it must be
GSMIGPRS equipment that is compatible and approved for use with our network and Services and we do not guarantee that all T-
Mobile features will be available with such equipment. A T-Mobile Phone may be programmed to accept only a T-Mobile SIM card.
9. Chances to Your Account. If you give your personal account validation information to someone, they can access and make
changes to your account just as you can. You may request to switch to another rate plan, and if we authorize the change, a transfer fee
may apply and the new rates will become effective by the start of your next billing cycle. Changes may require your agreement to a new
Term (if you select a promotional rate plan or special Phone pricing) or new T&C's. If we allow you to temporarily suspend your
account, you may continue to pay monthly charges and we may extend the Term for the length of that suspension.
10. Deposits. At any time, we may require a deposit from you (in which you grant us a security interest) or increase the amount of your
deposit. If we notify you of an increase not associated with a change in rate plan, you may either (a) provide us with the increased depositor
(b) cancel Service within 7 days following the date of the notice (any cancellation fee will be waived). Except to the extent prohibited by law,
your deposit may be commingled with other funds and will not earn interest. You may not use your deposit to pay your bills or delay
payment, but we can apply your deposit to any charges that you owe us. If Service is cancelled for any reason, any deposit will be applied
toward amounts you owe us at or after cancellation. Any remaining deposit will be returned to you at your billing address. Except to the
extent prohibited by law, we will not refund any balances of $5 or less unless you contact us to request it. We will hold such money for you
for up to 1 year (without accruing interest for your benefit), but you forfeit to us any portion of the money left after 1 year. You also forfeit any
money that the U.S. Mail cannot deliver and returns to us.
11. Billing, Charges and Late Fees. You authorize us to verify your creditworthiness with acredit-reporting agency at any time. You will
be charged for Service and other features on a monthly billing cycle basis and we may change your billing cycle at any time. You agree to
timely pay in full each month all charges and fees associated with the Service, including without limit, monthly recurring Service
charges, charges described in Sec. 12, airtime, roaming, long distance, toll, landline access, messages (whether read or unread,
solicited or unsolicited), images, sounds, data, features (such as web access, text messages and voicemail), calling services (such
as operator or directory assistance and calling card use), additional or optional services that you use or are processed through
your Phone (or Number, IP address or email address assigned to or authorized by you), and you remain liable for payment even if
a third party agrees to pay your charges. You will be charged for more than one call when you use certain features resulting in
multiple inbound or outbound calls (such as call forwarding, call waiting, voicemail retrieval, and conference calling). All lines
use and share the airtime and features included in Family or other pooling plans. Mobile to mobile minutes are those used
between T-Mobile Phones while on the T-Mobile USA network (and not roaming or affiliate networks). Except to the extent
prohibited by law, billing of roaming charges and minutes or Services used may be delayed or applied against included minutes or
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Services in subsequent billing cycles, which may cause you to exceed your included minutes or Services in a particular billing
cycle. Roaming and other call rating (such as time of call) depend on the location of the network equipment providing Service for
a particular call and not the location of the Phone. For billing purposes, you agree not to rely on indicators on your Phone (such
as roaming and call time), which may be inaccurate. UNUSED MINUTES OR OTHER ALLOTMENTS FROM YOUR RATE PLAN
EXPIRE AT THE END OF YOUR BILLING CYCLE AND DO NOT CARRY OVER TO SUBSEQUENT BILLING CYCLES. PARTIAL
MINUTES OF AIRTIME USAGE ARE ROUNDED UP AND CHARGED, OR DEDUCTED FROM ANY INCLUDED MINUTES, AS FULL
MINUTES; AIRTIME USAGE IS MEASURED FROM THE TIME THE NETWORK BEGINS TO PROCESS THE CALL (BEFORE THE
PHONE RINGS OR THE CALL IS ANSWERED) THROUGH ITS TERMINATION OF THE CALL (AFTER YOU HANG UP). FOR BILLING
PURPOSES, THE TIME OR DAY (SUCH AS NIGHTS AND WEEKENDS) OF AN ENTIRE CALL IS DETERMINED BY THE TIME THE
CALL STARTS. UNLESS OTHERWISE SPECIFIED IN YOUR RATE PLAN MATERIALS, WEEKENDS ARE MIDNIGHT FRIDAY TO
MIDNIGHT SUNDAY. NIGHTS ARE 9:00 PM TO 6:59 AM.
Incorrect Charges. If you believe your bill contains an incorrect charge, you have 60 days from the date of the first bill that
contains the charge to notify us or you waive any right to dispute the charge. To notify us, please contact Customer Care at www.t-
mobile.com, (800) 937-8997, or 611 from your Phone. We may require you to describe the dispute in writing. Any written communications
concerning charges must be sent to the T-Mobile Customer Relations address in Sec. 2. If you accept a credit to resolve an issue, you
agree the issue is fully resolved. If Customer Care does not resolve your dispute and you still wish to pursue the matter, follow the dispute
resolution process described in Sec. 2. California customers: our Utility number is U-3056-C; if you file a billing related claim with the
Consumer Affairs Branch ("CAB") of the CPUC you must, within 24 hours of filing, inform us by writing to the Customer Relations
address in Sec. 2 with sufficient information to identify you and your account. If we resolve your dispute, your CAB claim will be
deemed resolved at that time, and you agree to promptly withdraw your claim with the CAB. Payments. We may require payment
before your due date if we are concerned about your ability to pay us (such as when you have an unusually high balance). For
your payment to be deemed received by us and your account to be timely credited, you must provide with your payment
information sufficient to identify you and your account (your account number). If we accept late or partial payments or payments with
limiting notations, it will not waive any of our rights to collect all amounts that you owe us and it will not be an accord and satisfaction. If we
agree to an alternate payment plan, we may confirm it in any manner, including by electronic means, If your financial institution dishonors
or returns for insufficient funds your check or credit card, it is a breach of this Agreement and we may a) charge you a fee of $20
or such amount as may be permitted by law, b) stop accepting checks, credit card or other similar payment methods from you and
c) immediately suspend or cancel your Service. We may use a collection agency and charge you for their fees billed to us for
trying to collect what you owe us. Late Fees. You. agree to pay 1.5% or $5 per month (or portion of a month), whichever is Greater,
on anv past due balances until paid, subject to the highest amount permitted by law. Except to the extent prohibited by law this
late fee may be charged regardless of anv disputes you may have raised regarding your invoiced charges.
12. Taxes & FeeslRegulatorv and Administrative Fees. We bill you for taxes, fees, and other charges (such as sales, use, excise,
public utility and other taxes) levied by or remitted to domestic or foreign governments or authorities and imposed on you or us as
a result of providing the Service or your Phone ("Taxes & Fees"). Any tax exemption only applies after the date we receive from
you acceptable documentation. We will determine, in our discretion, the type and amount of the Taxes & Fees to be billed. These
Taxes & Fees may change at any time without notice. We may also bill you for regulatory and administrative fees ($.86 per line
per month as of 12104) to recover our costs of complying with certain regulatory mandates (in our discretion) and Universal
Service Fees ("USF") or similarly imposed charges (the amount or method of calculation of these fees may change at any time
without notice to you) except to the extent prohibited by law. Regulatory and administrative fees and USF are not taxes or
government required charges. We may impose regulatory and administrative fees whether or not all or some services are used, or
available to you, or in your location. We are required to use the residential or business street address you provided us to
determine certain Taxes & Fees. If you give us an address (such as a PO box) that is not a recognized street address, does not
identify the taxing jurisdictions applicable to the address or does not reflect the service area associated with your Number, you
may be assigned a default location for Taxes & Fees calculation, which may result in a higher or lower charge for certain Taxes &
Fees and you have 60 days from the date of the first bill that contains disputed Taxes & Fees to notify us or you waive your right to
dispute those Taxes & Fees.
13. Disclaimer of Warranties. EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND TO THE EXTENT
PERMITTED BY LAW, ALL SERVICES, PRODUCTS AND THIRD PARTY PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR PRODUCTS. WE DO NOT
AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH
STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS
(EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE FOR INFORMATIONAL PURPOSES ONLY AND
ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS,
SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES ("T-MOBILE AFFILIATES") DO NOT WARRANT THAT THE INFORMATION,
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SOFTWARE, PRODUCTS, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL,
FUNCTIONAL, BUG OR ERROR FREE. IF YOU RECEIVED A WRITTEN "T-MOBILE LIMITED WARRANTY" WITH YOUR PHONE, IT {S
THE ONLY WARRANTY MADE BY US WITH RESPECT TO THE PHONE. IF APPLICABLE STATE LAW DOES NOT ALLOW THE
DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
14. Limitation of Liability. We are not liable to you, other users of your Phone or third parties for any deficiency in performance or
quality, caused in whole or in part by an act or omission of an underlying carrier or service provider, website, messaging
community, dealer, equipment or facility failure, Phone failure or unavailability, discontinuation of Service, or Phones, network
problems, lack of coverage or network capacity, equipment or facility upgrade or modification, delay or failure of number
portability, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or
relocation, the failure of an incoming or outgoing call, including 9.1-1 emergency, priority access, or secured service call, to be
connected or completed or for the functionality of location services, including 9-1-1 location services, priority access, or secured
call or alert service, or causes beyond our reasonable control. EVEN IF T-MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES, T-MOBILE AND T-MOBILE AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS,
CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY PHONE, INCLUDING
WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL OR CONSEQUENTIAL DAMAGES; LOSS OF
PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE
SECRET OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER ARISING FROM INTERRUPTION
OR FAILURE OF SERVICE, LISTING ERRORS, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO
UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND
SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT, THE CONTENT OF ANY
DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR PHONE (WHETHER READ OR
UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY PRODUCTS, GOODS OR SERVICE PURCHASED,
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IF THE STATE LAW APPLICABLE TO YOUR
CLAIMS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER
MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION OR
LIMITATION WILL NOT APPLY TO YOU.
THE MAXIMUM AGGREGATE LIABILITY OF T-MOBILE AND T-MOBILE AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY
AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY
AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO SERVICES OR PHONES, SHALL BE A REFUND OR REBATE OF THE
PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR PHONE. THE
EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE
LIMITATION OF MONEY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2
YEARS OF THE DATE THE CLAIM ARISES.
15. Indemnification. You agree to defend, indemnify and hold us, T-Mobile Affiliates and any roaming or network partner harmless ftom any
and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or Products, any legal disclosures we
make relating to your Service or Product, or your breach of this Agreement, You further agree to pay our reasonable attorneys' and expert
witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this Sec. 15 applies.
16. Privacy. Wireless systems use radios to transmit communications over a complex network. We do not guarantee that your
communications using the Service or Products will be private or secure, and we are not liable to you for any lack of privacy or security you
may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use
of the Service. We may (but are not required to) monitor, intercept, and disclose your transmissions, location or communications
and may disclose your billing, account, calling records, or other information, in good faith reliance on legal process, if required by
law or to protect our rights, business, network or customers. We may locate you through our network. Your caller identification
(such as your name and Number) even if unlisted may be displayed to others (for example, on the equipment or bill of the person
receiving your call or any Internet site you visit.) We may list your name, address, and Number in a published directory with your
consent. For more information on our privacy policies, please see our privacy notice at www.t-mobile.com/ privacy. The way third parties
handle and use your personal information is governed by their policies and we are not responsible for their policies, or their compliance with
them.
17. Lost or Stolen Phone. if your Phone is lost or stolen ("Lost Phone") you will not be liable for unauthorized airtime charges incurred on
the Lost Phone if you: (a) notify us immediately; (b) ask us to deactivate the Lost Phone; and (c) provide within 14 days any documentation
we request, including a police report. You must fulfill the remainder of your Term by activating a replacement Phone (which may be
full price) or the cancellation fee will apply.
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18. Number Portability. You may be able to transfer your Number to another wireless carrier or to bring your number to us. For
information about Number Portability, please visit www.t-mobile.com or contact Customer Care at (800) 937-8997 or 611 from your Phone.
You may not transfer your Number if your account has been cancelled or suspended, or prepaid account expired. You remain liable for
charges incurred resulting from your Service with us or service with your former carrier, including cancellation fees. If you call 911
after you request a transfer, but before you receive confirmation of completion, the 911 operator may not have accurate
information on your identity and location. You must inform the 911 operator of your identity and location immediately upon
placing the call.
19. Assignment. We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change
to the Agreement, and without notice to you, except to the extent provided by law. We are then released from all liability. You may not assign
the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors,
and assigns of the respective parties, who will receive its benefits.
20. NoticeslCustomerCommunicgtions. We may send you written notice, which may be on or included with your bill, which is considered
given and received by you on the third day after the date deposited in the U.S. Mail to your address in our billing records. You agree we may
also notify and communicate with you, or respond to your inquiries electronically through your Phone or otherwise, such as bye-mail,
voicemail or text messaging, which is considered given and received immediately upon transmission. Written notice to us is considered given
when received by our registered agent, Corporation Services Company ("CSC")1010 Union Ave. SE, Olympia, WA 98501.
21. Digital Millennium Copyright Act ("DMCA"1 Notice. To the extent in providing Service we may act as a "services provider" (as defined
by DMCA) and offer services as online provider of materials and links to third-party sites. As a result, third-party materials that we do not
own or control may be transmitted, stored, accessed or made available using the Service. If you believe material available via the Service
infringes a copyright, notify us using the notice procedure under the DMCA. We will respond expeditiously to remove or disable access to
such material and will follow the procedures specified in the DMCA to resolve the claim, Our designated agent to whom you must address
infringement notices under the DMCA is CSC (see Sec. 20).
22. Severability and Survivability. Except to the extent expressly set forth in Sec. 2, all terms and conditions of these T&C's are
independent of each other and if any provision of these T&C's is held to be inapplicable or unenforceable, then (a) that term or provision
shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and
effect, (b) the T&C's will not fail their essential purpose and (c) the balance of the T&C's remain unaffected and in full force and effect, unless
our obligations are materially impaired, in which event we have the right to terminate the Agreement, You and we will continue to be bound
by the following Secs. (and any other provisions or rights and obligations that may reasonably be construed as surviving) of these T&C's
after the Agreement ends, regardless of reason: 2-6, 10-15, 18, 19, 20, 22, 23, 25 and 26.
23. Entire AgreementlApplicable LawNenuelMiscellaneous. This Agreement represents the final and entire agreement between you
and us regarding the Service and Products. Electronic images of the Agreement will be considered originals. You acknowledge that you
have not relied on any other representations not specifically included in this Agreement. If we don't enforce our rights under any of the
provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal
capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this
Agreement and agree to be personally liable for all accounts if you are not so authorized, This Agreement is governed by the Federal
Arbitration Agreement, applicable federal law, and the laws of the state in which your billing address in our records is located.
Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the state where your
Service is principally provided, but not outside the U.S.
24. Additional Terms for Prepaid Customers. You are responsible for prepaying all charges for using the Service. The airtime balance in
your prepaid account is reduced by the charges attributable to your use of the Service. Service lasts as long as the earlier of a) the time
period on a prepaid card or coupon or b) when the airtime balance goes to zero, then Service will be interrupted. You may continue to use
Service by purchasing additional prepaid Service. If your account expires, you may lose your Number. You will not receive a monthly bill or
activity record. Prepaid Service is non-refundable (even if returned during the return period), and no refunds or other compensation
will be given for unused airtime balances, lost or stolen prepaid cards or coupons. Applicable Taxes & Fees will be included in
your prepaid charges.
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25. Additional Terms for SmartAccess Customers. SmartAccess is subject to credit eligibility, determined in our discretion. We may
suspend Service to any Number without prior notice if your account balance exceeds your spending limit or you are late with a payment
(whether or not you exceed your spending limit). If we suspend Service because your balance exceeds your spending limit, we may, in our
sole discretion, reinstate Service after you make a payment that reduces your account balance and your account is not in arrears. If we
suspend Service because you are late with payment, we may, in our sole discretion, reinstate Service if you pay the entire balance owing on
your account. Regardless of suspension, you will be liable for all charges for Service under the Agreement, including monthly Service and
usage charges, and other charges or purchases billed to your account, whether or not you reinstate Service. SmartAccess customers are
only eligible for select rate plans. Smart Access activation fees are non-refundable unless you: (a) purchased the Phone and Service directly
from a T-Mobile store, www.t-mobile.com or (800) TMOBILE; and (b) cancel Service and return the Phone to the place of purchase in
accordance with Sec. 5.
26. Other Agreements or Warranties. Other Services (such as T-Mobile HotSpot or Equipment Protection) or Products may come with
separate written terms or conditions, and warranties that govern their use or purchase. Please see those other agreements or warranties for
your rights and duties regarding their use.
27. 9-1-1 address: There are important limitations on the availability and reliability of 911 service with HotSpot @Home. You should not
expect that 911 emergency service with HotSpot @Home will be equivalent to the 911 emergency service through landline or traditional
wireless service, in part because HotSpot @Home service is provided though the Internet. The registered street address that you provide to
us may be used to locate the person placing the 911 emergency call, so please ensure that your address remains up to date with us at all
times. You can also view the HotSpot @Home plan description, available at www.T-Mobile.com, for more information on 911 emergency
service limitations with HotSpot @Home. If a person that will be using the HotSpot @Home service under this Agreement will be located at a
different address than your corporate billing address when using the service, your authorized representative needs to provide us with the
correct 9-1-1 street address for the person. Otherwise, your corporate billing address will be used as the default address for the person. To
change the 9-1-1 street address for a corporate account, please have your authorized representative call T-Mobile Corporate Customer Care
at (800)375-1126.
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