HomeMy WebLinkAboutContract 2097Corporate Order Form
BUSINESS ACCOUNT INFORMATION Authorized Corporate Purchasers Only: *Activation T pe: ^ New ®Add-on
*Compan Name: Cit of Columbia Hei hts *Authorized Corp Purchaser or Authorized Users : Linda Ma ee / \
*Federal Tax ID: 416005069 Credit A royal Code & Class: 2097
*Billin Attention: Linda Ma ee *Billin Account Number BAN : 576037728 '~~ ~
*Billin Address: 590 40~ Ave N.E. *Existin Mobile Number If applicable to order : \
*Billin Ci /State Columbia Heights, MN *Corp Node:
*Zip Code + 4: 55421 *Activation Fee: waived
**9-1-1 Address- If same as Biil To ® *International dialing and roaming included ;' Limit ILD (ILD Bars **
**9-1-1 Cit /StateiZip *Tax Exempt: status confirmed-attach certificate ^Yes ®No ^ N/A
*Business Phone No: 763-706-3609 *Personal Covera e Check Complete: ®Yes ^ No
Business De t Code: *Sales A ent Name & Code: 'Donald Baron 1825544 .
*Business Email Address: linda.magee@ci.columbia-
hei hts.mn.us *Sales Agent Phone: 952-833-4126
*Ship in Information- it same as Bai ro: ® *Sales A ent Email: donald.baron t-mobile.com :
*Shi ping Attention: Linda Ma ee
*Shipping Address:
*Shi in Cit /StateiZi Code + 4: **Please see our Sales Re fors ecific details on International dialin and roamin restrictions.
**The FCC requires us to keep an emergency address an 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 wii! be using the T-PAobile@Home service under this Agreement will be located at a different address than your corporate billing address when using the
service, please indicate 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 upfor T-Mobile@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 upfor T-Mobile Home-Sin le lines must si n u for a rate Ian 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 weekend s, unlimited mobile to mobile, 500 text messa es
SERVICES & FEATURES: EQUIPMENT:
# *Qty Pfd Area
Code/User
Name *Fixed Term in
months * *Rate Plan
Name *Rate Plan
Charge $ Features
Name Features
Charge $ *Device *Qty *Device
Price $ Accessories Qty Accessories
Price $
1 1 porting ®12 ^24 ^36 National
Bus. 600 39.99 grape
w490 1 49.99
2 ^12 ^24 ^36
3 ^12 ^24 ^36
4 ^12 ^24 ^36
5 ^12 ^24 ^36
Monthly Plan & Features Subtotals $: 39.99
Total For Month/ Plan & Features $: 39.99 Equipment Subtotal $ '' 49.99
Base Price Total for Equipment $
. ~ ~.:
~>
*There will be a one time activation fee per wireless number.
F~. _...... e osit
D p $',,
Zip Code Tax $
__. __ „.
Total E uipment Amount $ 49.99+tax
WLNP PHONE NUMBER TRANSFER REQUEST OSP (Other Service Provider) INFORMATION If applicable) Desired Port Date
*Tax-ID or Socia! Securit Number: same *Com an Name if a licable same
*Account Owner /Contact Name: Cit of Columbia Hei the *Account Password:
*Desired Port Date: da after receivin phones Seconds Phone Number:
*OSP Account Owner Name if different from above : Same *Billin Address if different from above same
*OSP Billin Account Number: 58056499500001 *Billin Cit ,State same
*OSP Phone Numbers to Port 612-723-0445 ^ See WLNP Bulk Port Form up to 5 lines
Business Sales 062808
Corporate Order Form ............................. ~„~.° ~ ~~.~
*DELIVERY TYPE
® Standard Two Day Delivery (no charge) ^ Overnight (addRional shipping charges may apply)
***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 ^ Visa ^ AmEx ^ Other:
Credit Card No. Exp. Date Authorization No.
Credit Card Holder Name Billing Address Billing CitylState/Zip
****EASY PAY REQUEST (SERVICE 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**
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. * Onty required if porting OSP Phone Number(sj not under Business Customer's Name to Business Cusfomer'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. Initials: ~'
^ 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.
Initials: '
^ 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 Purchaser, on behalf of Customer, acknowledges that it has received and reviewed the T-IJobile Terms and
Conditions and/or applicable Agreement executed between Customer and T-Mobile, and Customer, on behalf of itself and all Users under this order, agrees to be bound by the terms therein.
* Authorized Corp Purchaser Name: Linda Magee *Title: Asst to the City Manager
Business Sales 062808
Corporate Order Form
*Authorized Signature:
Linda Magee *Date:
713/08
Business Sales 062808
Corporate Order Form 1 ~ ~~.~~
T-MOBILE TERMS AND CONDITIONS
Effective June 28, 2008.
Your agreement with T-Mobile includes these Terms and Conditions ("T&Cs"), your Service Agreement, applicable supplemental terms and
conditions for other services, and your Rate Plan terms (collectively "Agreement"). Your Rate Plan includes your monthly Service allotments
for minutes, messages or data ("Allotments"), rates, coverage and other terms ("Rate Plan"). The terms of your Rate Plan are available at
www.t-mobile.com (www.-t-mobile.com.pr for Puerto Rico) and at our retail locations. To the extent any term in your Rate Plan expressly
conflicts with these T&Cs, the term in your Rate Plan will govern.
Please read these T&Cs carefully. They cover important information about all T-Mobile services provided to you ("Service") and your T-
Mobile phone, handset, device, SIM card, data card, or other equipment ("Device"). These T&Cs include fees for early termination and
late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court. To the extent these T&Cs
conflict with the T-Mobile Terms and Conditions you receive with your Device, these T&Cs apply; different T&Cs may apply to different lines
of service on your account.
You represent that you are at least 18 years old (21 years old or legally emancipated if you are a Puerto Rico customer). If you sign for an
organization, you represent that you are authorized to sign. You agree to pay all access and usage charges, taxes, fees and other
charges we bill you or that were accepted or processed through your Device ("Charges"). You may designate others to manage or
make changes to your account ("Authorized User"). You and Authorized Users will have access to all account information. If you give your
personal account validation information to someone, they can access and make changes to your account just as you can. Those
changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, a transfer fee may apply.
Changes may require your agreement to a new minimum term andlor new T&Cs (for example, if you select a new Rate Plan or
special Device pricing).
1. ~ Acceptance. YOUR AGREEMENT WITH T-MOBILE STARTS WHEN YOU ACCEPT. You accept by doing any of the following: (a)
giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a
change or addition; (d) paying for the Service or Device; or (e) failing to activate Service within 30 days after the purchase of your T-Mobile
Device, unless returned within the Return Period (as defined in Section 4). IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF
THESE THINGS.
2. ~ Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO
RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING
THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY
BINDING ARBITRATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices
provided or billed to you (such as our suppliers or retail dealers) whenever you also assert claims against us in the same proceeding. We
each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite
the choice of law provision in Section 25). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES
AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve
your claim by sending a written description of your claim to the address in Section 14 below. We each agree to negotiate with each other in
good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim
in arbitration. You may pursue your claim in a court only under the circumstances described below. We each agree that 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 amounts and any interest or cost of collection permitted by law or the Agreement.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim
qualifies, you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30
DAYS FROM THE DATE YOU ACTIVATED THAT PARTICULAR LINE OF SERVICE (the "Opt Out Deadline"). You may opt out of these
arbitration procedures by calling 1-866-323-4405 or via the Internet by completing the opt-out form located at www.t-
mobiledisputeresolution.com. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in
arbitration or small claims court.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration
proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Sec. 14) to begin
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Corporate Order Form 1 ~ ~~~~~ ~'
arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA's Supplementary
Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA
rules are available at www.adr.org or by calling 1-800-778-7879. We will pay upon filing of the arbitration demand, all filing, administration
and arbitrator fees for claims That total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and
arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that
would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which
you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the
prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to
be frivolous, T-Mobile agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable
law.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR
COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A
MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you
and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by
opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you,
nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or
representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL
3. ~ Your Term of Service and Termination Fees. You agree to maintain Service with us for your minimum term ('Term"). (Periods of
suspension of Service do not count toward your Term.) After your Term, you will become amonth-to-month customer. EXCEPT FOR
MONTH-TO-MONTH CUSTOMERS, AN EARLY TERMINATION FEE WILL APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE
THE END OF YOUR TERM, OR IF WE TERMINATE IT EARLY. FOR SERVICE ACTIVATED, OR ACCEPTANCE OF A NEW ONE OR
TWO YEAR TERM, ON OR AFTER 06128108, THE EARLY TERMINATION FEE IS: $200 IF YOU TERMINATE WITH MORE THAN 180
DAYS REMAINING ON YOUR TERM; $100 IF YOU TERMINATE WITH 91 T0180 DAYS REMAINING ON YOUR TERM; $50 IF YOU
TERMINATE WITH 31 TO 91 DAYS REMAINING ON YOUR TERM; AND THE LESSER OF $50 OR YOUR MONTHLY RECURRING
CHARGES (including any applicable taxes and fees) IF YOU TERMINATE IN THE LAST 30 DAYS OF YOUR TERM. The Early
Termination Fee is part of our rates and is not a penalty. The Early Termination Fee applies only to the extent permitted bylaw. Unless
you request otherwise, your termination will be effective at the end of your current billing cycle. You will remain responsible for all fees and
charges for your Service and usage through termination. If you bought your wireless Device from an independent T-Mobile dealer or other
third-party vendor, they may charge a separate termination fee.
4. ~ Cancellation and Returns. You can cancel your Service without paying an Early Termination Fee if you cancel WITHIN 14 DAYS of
activating a new line of Service (30 days if you activate in California; other states may differ -ask your sales representative) ("Return
Period"). You remain responsible to pay for the Service and all charges, fees and taxes incurred through the date of cancellation. To cancel
during the Return Period, you must return to the store where you activated (or, if purchased online or by phone, follow the return instructions
in the package), and return any Device you acquired at the time of activation. To receive a refund of the purchase price of your Device (less
rebates received and shipping costs), you must return it (with original packaging and all contents) within the Return Period in undamaged
condition and good working order to the place of purchase. You may be required to pay a restocking fee. If you do not comply with store
policy, we may elect not to process your Service cancellation or you may be charged the suggested retail price of the Device, (which may be
greater than the price you paid), plus any shipping and handling charges. If you activated your Service through an authorized T-Mobile
dealer, the dealer's return policy may differ from T-Mobile's policies. The cancellation policy for FlexPay is different; please see Section 27
for details.
5. ~ Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change
without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE
AGREEMENT AT ANY TIME, IF WE MATERIALLY MODIFY THESE T&Cs IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A
CHANGE INCREASES YOUR SET MONTHLY RECURRING CHARGE(S) (the set amount -which does not include overage, features,
optional services, taxes and fees -you agreed to pay each month for atleast aone-year Term), WE WILL PROVIDE YOU WITH AT LEAST
30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY
REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30
DAYS, YOU ACCEPT THE CHANGES.
6. ~ Your Wireless Device & Compatibility with Other Networks. Your Device may not be compatible with the network and services
provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by T-Mobile, be
compatible with, and not potentially harm, our network. Some T-Mobile features will be available only on Devices purchased from us. A T-
Mobile Device is designed to be used only with T-Mobile service; however, you may be eligible to have your Device reprogrammed to work
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Corporate Order Form ~ ~ ~~~~~
with another carrier but you must contact us to do so. Not all Devices are capable of being reprogrammed. At times we may change
software, applications or programming remotely and without notice. This could affect data you have stored on, the way you have
programmed, or the way you use your Device.
7. ~ Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage
and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. You
agree we are not liable for problems relating to Service availability or quality.
8. ~ 9.1-1. When making 9-1-1 or other emergency calls, you should be prepared to provide information about where you are located. 9-1-
1 operators may not know your phone number or have information about your location. If you are porting a phone number to or from us, we
may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. T-Mobile is not
responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. See Section 28 for
important information related to 9-1-1 calls made using a Wi-Fi-enabled Device.
9. ~ Billing & Credit Checks. We will send you a bill that summarizes your Charges; you may review your bill details on our website at
www.my.t-mobile.com or, at your request and for an additional charge, we will provide detailed bills. We do not provide bills for certain
services, such as FlexPay, kidConnect and Prepaid. You agree to provide us with accurate and complete billing information and to report all
changes within 30 days of the change. We round up any fraction of a minute to the next full minute. Domestic and Puerto Rico data usage
is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session. (Canada data usage
is rounded up in 2 kilobyte increments; all other international data usage is rounded up in 25 kilobyte increments.) There are 1024 kilobytes
in a megabyte. 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). Unless otherwise specified in your Rate Plan, the rate for a call
(such as nights and weekend rates) is determined by the time the call starts and that rate applies to the entire call. For FlexPay,
Prepaid and kidConnect, each minute of a call will be billed according to the time or day applicable to that minute (for example, different rates
may apply in one call if the call extends into nights or weekends). For billing related to our Wi-Fi Calling service, see Section 28. T-Mobile-
to-T-Mobile calls are those made between T-Mobile customers using their Devices while on the T-Mobile network (and not off-net or
roaming on affiliate networks). For Family and other multi-line pooling plans, all lines use and share the air time and features included in
the Rate Plan. You may 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, and conference calling). Most calls you make or receive, and most data usage, during a
billing cycle will be included in your bill for that cycle, but some Charges may be delayed to a later billing cycle, which may cause you to
exceed Rate Plan Allotments in a later billing cycle. Unused Rate Plan Allotments expire at the end of your billing cycle. Airtime usage
applies to toll-free, operator-assisted, voice mail, call forwarding and calling card calls using your Device. You may be billed additional
Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, text, picture and
instant messaging and Internet access. You will be charged for text, instant or picture messages whether read or unread, solicited or
unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited
messages, and you agree that we are not liable for such messages. Credit Checks: You authorize us to obtain information about your
credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You
authorize us to report your payment record to credit-reporting agencies.
10. ~ Roaming, International Calling & Mobile Content. Roaminq• Your Device may connect to another provider's network ("off-net")
even when you are within the T-Mobile coverage area. Check your T-Mobile Device to determine if you are off-net. There may be extra
charges (including long distance, tolls, data usage, failed messages or calls) and higher rates for off-net usage, depending on your Rate
Plan. Your primary use of your Device must be within the T-Mobile owned network coverage area and we may limit or terminate your
Service if you move outside of this area. We may limit or terminate your Service without prior notice if more than 50% of your voice andlor
data usage is off-net for any three billing cycles within any 12 month period. International Roaminq & Dialing. International roaming and
dialing is available with some Rate Plans and on some Devices and may require an additional feature on your account. Whether roaming
internationally ormaking and sending international calls and messages while in the U.S. (or Puerto Rico), you will be charged international
rates (including for voicemails left for you and for data usage). Different rates apply in different countries. See www.t-mobile.com (www.t-
mobile.com.prfor Puerto Rico customers) for information on international access, rates, Services and coverage. Mobile Content. Wireless
devices can be used to purchase goods, content and services (including subscription plans) such as ring tones, graphics, games and alerts
from T-Mobile or other companies. You are responsible for all Charges associated with such purchases from any Device assigned to your
account. Some Charges may appear on your bill (including Charges on behalf of other companies). You may be able to restrict access and
certain services by implementing controls available at www.t-mobile.com (www.t-mobile.com.pr in Puerto Rico), or by calling T-Mobile.
Mobile content may not be transferable from one Device to another Device.
11. ~ Taxes and Fees. You agree to pay all taxes, fees, and surcharges ("Taxes & Fees") imposed by the government. We may not always
give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of
Primary Use ("PPU"). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or provided
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us with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does
not reflect the Service area associated with your telephone number, you may be assigned a default PPU.
You agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services
we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether
these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or
regulatory fees imposed directly on you, nor required bylaw to be billed to you, may be kept by us in whole or in part, and the amounts and
what is included in these charges are subject to change without notice.
12. ~ Payments, Late Fees & Deposits. If we do not receive payment in full by the due date on your bill, you may be charged a late fee
of the greater of 1.5% per month (18% annually) or $5lmonth, subject to the maximum allowed by law. We may use a collection
agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive
our right to collect all amounts that you owe, including late fees. If your check is dishonored or returned, we may charge you up to
$20, require another payment method, andlor immediately suspend or cancel your Service. We will not honor limiting notations
you make on or with your checks. Deposits; We may require a deposit. You agree that only we can apply deposits, payments, or
prepayments in any order to any amounts you owe us on any account. We refund deposits and final credit balances of less than $5 only
upon request. We pay simple interest on deposits at the rate the law requires and will hold the money for you for up to 1 year, at which time
you forfeit to us any portion of the money left.
Puerto Rico customers: This paragraph constitutes notice that you maybe assessed a fee for returned checks. This also constitutes
notice to Puerto Rico customers that your Service maybe suspended or cancelled if you do not pay in full within the time stated on your bill
or if your financial institution dishonors or returns a check for insufficient funds.
13. ~ Your Right to Dispute Charges. If you have a dispute regarding your bill or charges to your account, you agree to notify us of the
dispute within 60 days (20 days for Puerto Rico customers) after the date you first receive the disputed bill or charge ("Dispute Period"),
unless otherwise provided bylaw. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in
arbitration or in court. Except for Puerto Rico customers and unless otherwise provided bylaw, you must pay disputed charges until the
dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the
issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 14. This paragraph is
notice fo Puerto Rico customers that payment of undisputed charges is due when stated on your bill, regardless of any dispute.
California customers: Our Utility number is U-3056-C. If you file abilling-related claim with the Consumer Affairs Branch ("CAB") of the
California Public Utilities Commission you must, within 24 hours of filing, inform us by writing to the Customer Relations address in Section
14. If we resolve your dispute, you agree to withdraw your claim with the CAB.
Puerto Rico customers: We will provide you with a determination regarding any dispute that is presented to us in accordance with this
Section 13 within 15 days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of
Puerto Rico ("Telecommunications Board") by filing a petition for review up to 30 days after the date of our determination. Your petition for
review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company
name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The
document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following
address: 654 Munoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918, Attn: Customer Care Manager. You must send your
petition for review to the Telecommunications Board at the following address: 235 Arterial Hostos Avenue, Capital Center Bldg., North
Tower, Suite 901, Hato Rey, Puerto Rico 00918-1453. The Telecommunications Board will review our determination only on appeal. You
are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and
Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated
by the Telecommunications Board regarding the procedures for resolution of customer disputes.
14. ~ Notices and Customer Communications. You may contact our Customer Care department at www.t-mobile.com, by calling 1-800-
937-8997 or 611 from your Device, or by writing to: T-Mobile Customer Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. Puerto
Rico customers may direct notices to: T-Mobile Customer Relations, 654 Munoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918,
Attn: Customer Care Manager. Notices from us to you are considered delivered when we send them to your Device or by email or fax to
any email or fax number you provided to us, or 3 days after mailing to your billing address. For multi-line accounts, a "Primary Telephone
Number" may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. Notices from you to
us are considered delivered when you send an email or 3 days after mailing to the addresses above.
To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is Corporation Service Company
and can be contacted at 1-866-403.5272. For Puerto Rico, our registered agent is Prentice Hall of Puerto Rico and can be contacted at
FGR Corporate Services, Inc., BBVA Tower, 6~ Floor, 254, Munoz Rivera Avenue, San Juan, Puerto Rico, 00918, phone: 1-800-927-9801.
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Corporate Order Form "~" " °~~~~~~~' °
15. ~ Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service and
you will not be responsible for charges incurred with the lost or stolen Device after you notify us. You must fulfill the remainder of your
Term or the Early Termination Fee will apply.
California cus~omers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your
Device or Account was used is some evidence of authorization. You may request that we investigate charges you believe were
unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges
were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within 30 days and you will
remain responsible for the charges. You must fulfill the remainder of your Term or the Early Termination Fee will apply.
16. ~ Misuse of Service or Device. You agree not to misuse the Service or any Device, including: (a) reselling or rebilling our Service; (b)
using the Service or Device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees,
business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering
with or modifying your Device; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) reselling T-Mobile Devices for
profit, or tampering with, reprogramming or altering Devices for the purpose of reselling the Device; or (f) assisting or facilitating anyone else
in any of the above activities. You agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for
example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this
section harms T-Mobile, which cannot be fully redressed by money damages, and that T-Mobile shall be entitled to immediate injunctive
relief in addition to all other remedies available.
17. ~ Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR
AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user
on your acco~~nt: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we
haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don't
provide Service or more than 50% of your voice and/or data usage is off-net for any three billing cycles within any 12 month period (see
Section 10); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy
(except as prohibited bylaw); (g) misuses your Service or Device as described in Section 16, above; (h) uses your Service or Device in a
manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to
you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or
sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. This paragraph constitutes notice to Puerto Rico
customers that your Service maybe suspended or cancelled if you engage in any of the foregoing actions in Sections 16 and 17, including
but not limited to failing to pay your bill when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999,
promulgated by the Telecommunications Board where applicable, or in T-Mobile's sole discretion. If your Service or account is suspended or
terminated and then reinstated, you may be charged a reactivation fee.
18. ~ Intellectual Property. You agree not to infringe, misappropriate or injure the intellectual property rights of T-Mobile or any third party.
Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of T-Mobile Devices and
Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of T-
Mobile or others related to the Devices and Services, which may be used only with T-Mobile Service unless expressly authorized by T-
Mobile. You agree that a violation of this section harms T-Mobile, which cannot be fully redressed by money damages, and that T-Mobile
shall be entitled to immediate injunctive relief in addition to all other remedies available.
19. •Digital Millennium Copyright Act ("DMCA") Notice. If you believe that material available through our Services or products infringes
the copyright of any third party, notify us by using the notice procedure under the DMCA and described at www.t-mobile.com (www.t-
mobile.com.prfor Puerto Rico). After receiving notice, we may remove or disable access to any infringing material as provided for in the
DMCA.
20. ~ Privacy Information, Our Privacy Policy governs how we use information related to your use of our Service and is available online at
www.t-mobile.comlprivacy (www.t-mobile.com.pr for Puerto Rico). We may change our Privacy Policy without notice; however, if we change
our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in
the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored
on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your
Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers.
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Corporate Order Form 1 ~~~~.~
Some T-Mobile Devices automatically upload to T-Mobile network servers information stored on your Device or your SIM card, such as your
address book, ringtones, or other data. How we use this information is governed by our Privacy Policy found at www.t-mobile.com/privacy.
You may choose not to use this service by contacting customer care; however, your Device will continue to upload your information to our
servers but T-Mobile will not retain the information. Not using this service may result in the loss of functionality or the availability of certain
services or features, and the permanent loss of information stored on a lost or stolen Device.
21. ~ Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU
PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS"
AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-
FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF
ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS
WILL 8E PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT
SUCH INTERCEPTIONS CAN OCCUR.
22. ~ Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR
OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL
APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,
PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER
ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE
REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU
MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID
OR OWE US FOR THE APPLICABLE SERVICE OR DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU
OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE
DATE THE CLAIM ARISES.
23. ~ Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or any
Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account
or that you allow to use your Service or Device.
24. ~ Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other
instance and must be expressly provided in writing. If we don't enforce our rights under any provisions of the Agreement, we may still
require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed
from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all
or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights
you have with respect to your Service or Device, except as provided bylaw, and you cannot rely on any other documents or statements by
any sales, service representatives orother agents. If you purchase a Device, services or content from a third party, you may have a
separate agreement with the third party; T-Mobile is not a party to that agreement. The original version of the Agreement is in English. To
the extent there are conflicts between the English version and any other language version, the English version will control. Any
determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Paragraphs marked "~" continue after
termination of our Agreement with you.
25. ~ Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which
your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico)
do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but
not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law
of a particular jurisdiction, that provision will not apply in that jurisdiction.
26. ~ Additional Terms for T-Mobile Prepaid Customers. To use T-Mobile Prepaid Service you must have a prepaid account balance;
Service will be suspended when your account balance reaches zero. If you purchase a Device that is sold for use on T-Mobile Prepaid
Service, you Ggree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the
Devices, or assist someone in these activities. The charges for Service and the expiration period for your prepaid account balance may vary;
see www.t-mobile.com for more information. You must use your account balance before the expiration date. 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. Coverage specific to T-Mobile Prepaid Service may be found at www.t-mobile.com and differs from
coverage related to T-Mobile's postpaid Service.
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Corporate Order Form =~ ~ •~~~~I~.~
27. ~ Additional Terms for FlexPay Customers. T-Mobile FlexPay Service. You must pay for Services in advance each month ("Monthly
Account") and Services will become available after we apply your payment. Your first Service cycle may start several days after activation.
You may be unable to make changes to your account during certain periods of your Service cycle. FlexAccount. When you have used all
of your monthly Allotments, to buy additional Services, you must you fund your FlexAccount. All lines on a multi-line account share and draw
from one FlexAccount. A FlexAccount may be only used to (1) purchase Services when you exhaust your Service Allotment(s); (2) purchase
Services not included in your Rate Plan (e.g., downloads, messaging, 411, data and international services); and (3) pay your bill. By using
any additional Services, applicable charges will automatically be deducted from your FlexAccount. FlexAccount dollars you transfer to pay
your bill in excess of the Amount Due cannot be returned to your FlexAccount. You cannot transfer funds from your Monthly Account to your
FlexAccount. FlexAccount terms and rates differ from the terms and rates associated with our Prepaid Service (see www.t-mobile.com for
terms and rates).
• Service cancellation. If you cancel your FlexPay account within the Return Period, all funds in your Monthly Account for Services not
used are refunded. If you cancel your FlexPay account after the Return Period, we may apply your FlexAccount balance to any amounts you
owe us (including any Early Termination Fees). Funds in your Monthly Account will not be refunded if you cancel after the Return Period.
Month-To-Month Plans. To avoid cancellation and keep your account active, you must, at least once every 90 days: (a) pay for Services,
(b) add funds to your FlexAccount, or (c) use your FlexAccount for Services. One or Two Year Plans. All lines on the account will be
cancelled unless your monthly Services (prorated or otherwise) are activated at least once every forty-five days after the due date listed in
your payment reminder.
Payments. You may access billing details on our website at www.my.t-mobile.com. If your "Amount Due" differs from the amount
stated on your Payment Reminder, you must pay the Amount Due as stated on www.my.t-mobile.com to continue Service. If you
do not pay the Amount Due by the date on your payment reminder, your monthly Services will not be available. If you pay after the
date on your payment reminder, the Amount Due and the Service allotments you receive will be prorated for the number of days remaining in
your Service cycle. Partial Payment: If you partial pay, your Services will not be available until your partial payment is equal to or greater
than the prorated charges for Service for the remaining days in your Service cycle. The Allotments you receive will be prorated based on the
number of days remaining in that Service cycle. Payment in Last Five Days: To start Services during the last five days of the Service cycle,
you must pay for those days plus the Amount Due for the following Service cycle. If you do not pay that full amount, then your payment will be
applied as a partial payment toward the Amount Due for the next month's Service cycle. Extension of Term: If you are on a one or two-year
contract, your Term may be extended by the total number of days for which you have not paid for monthly Services (e.g., if you only pay for
prorated Services for the last 25 days of a 30 day Service cycle your Term may be extended by 5 days.) Multi-line accounts: You will have
one Amount Due for all lines on amulti-line account, and any payments will be applied proportionately across all lines and all Services (e.g., if
you have three lines on your account, you cannot pay for only one of the three lines, or just for certain Services.) Control Charge: You will
be charged a Control Charge per line per month if you are not enrolled in and using EasyPay (an automatic monthly recurring payment
Service). The Control Charge may apply for at least one Service cycle after you sign up for EasyPay. If your payment fails, you will be
required to pay a Control Charge to reinstate your Services. We may remove EasyPay from your account without notice if we determine in
our sole discretion that the account is invalid or if an EasyPay payment fails.
Voluntary Suspension. We may allow you to voluntarily suspend Services and any amounts in your Monthly Account or unused Allotments
will not be refunded or credited. Upon voluntary suspension, your Services and FlexAccount will no longer be available for use. To maintain
the voluntary suspension and avoid cancellation, you must pay a monthly access fee and the Control Charge (if not using Easy Pay) for each
line in advance of each month of the voluntary suspension.
28. ~ Additional Terms for Wi-Fi Mobile Calling. These additional terms apply only to calls made over a Wi-Fi network ("Wi-Fi Calling")
using our mobile Devices. For our T-Mobile @Home service, please see the supplemental terms and conditions contained in the box with
the HiPort router.
Billin : Wi-Fi Calling is a voice service and requires a qualifying rate plan, a Wi-Fi-enabled Device, wireless router, broadband Internet
connection and Wi-Fi signal. When you use Wi-Fi Calling with the add-on feature, calls you place to, or receive from, U.S. numbers while
connected to a Wi-Fi network are included in the add-on feature. All data, messaging, and other Services will be billed according to your
regular Rate Plan and other pricing. Billing for the entirety of any call will be based on the network (Wi-Fi or cellular) that your Device was
connected to when you initially made or received the call. When making or receiving a call, check your Device indicator and manual to know
if you are on a cellular or Wi-Fi network. Additional incoming and outgoing calls initiated while you are already connected to a network (e.g.,
call waiting, call forwarding, conference calling) also are billed based upon the network upon which the original call was initiated. Calls may
not transfer between Wi-Fi networks or between Wi-Fi networks and a non T-Mobile cellular network, causing a call to drop. If you use a Wi-
Fi-enabled Device but do not purchase the Wi-Fi Calling add-on feature, all calls on any Wi-Fi network will be charged according to your T-
Mobile Rate Plan. For these calls, we will bill you based on the time at the location of the Wi-Fi network (or a nearby cell tower) if we know
where it is. If we are unable to determine the location of the Wi-Fi network, we may base the time of the call on the local time of your billing
address, which can affect the designation of your calls such as a night or weekend call.
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Corporate Order Form
Service Limitations, Connectivity & International Use: Wi-Fi Calling is not available at T-Mobile HotSpot locations outside the U.S. You
acknowledge and agree that your use of any Wi-Fi network is permissible and that you (and not T-Mobile) are responsible for your use. Cell
Broadcasts (alerts that go to certain customers) and Wireless Priority Service (WPS) may not be available with Wi-Fi Calling. If you have the
Wi-Fi Calling add-on feature and use the Wi-Fi Calling service outside of the U.S., calls to U.S. numbers are not included as part of the add-
on feature and are charged under your Rate Plan; calls to international numbers are charged under international rates. Please see
important international 9.1.1 information below. You will be responsible for all Internet access charges.
Important Emergency 9-1-1 Information: When making a 9.1-1 call, always state the nature of your emergency and provide both
your location and phone number, as the operator may not automatically receive this information. 9-1-1 service via Wi-Fi Calling uses
the Internet and operates differently than traditional 9-1-1. 9-1-1 service may not be available or reliable and your ability to receive
emergency services may be impeded. For example, 9-1-1 service may not work during power or Internet (e.g., cable service) outages or
disruptions or if your Internet or T-Mobile Service are suspended, Location information when using Wi-Fi Calling may be limited or
unavailable. You must provide us with a valid street address for the location of your primary use of Wi-Fi Calling ("Primary Address"). If the
location at which you primarily use Wi-Fi Calling changes, either temporarily or permanently, you must register the new address by
accessing your account via my.t-mobile.com or by contacting T-Mobile's Customer Care; it may take 24 hours or more to update the address
information. If you do not give us a Primary Address, we may block your usage of certain Wi-Fi networks. We may use a variety of
information and methods to determine the location of a 9-1-1 call, including our GSM wireless network if available in your location, the
location of your Primary Address, or the location of a T-Mobile HotSpot (if applicable). Even with this information, an emergency operator
may not be able to receive or use the address information (or your phone number) to locate you in order to provide emergency services.
When you use the Wi-Fi Calling service away from your Primary Address, we may have no or very limited information about your location,
which could result in a call being routed to an out-of-area public safety agency, the agency receiving incomplete information about your call
and your location, or your call being routed to an emergency response center, which will ask you for your location and use that information to
route the call to a public safety agency. If you dial 9-1-1 while using the Wi-Fi Calling service outside the U.S., 9-1-1 services may not
be available.
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