Union Wireless and Customer mutually covenant and agree that the following Terms and Conditions shall apply to all Union Wireless retail customer accounts.
1. UNION TELEPHONE COMPANY (d/b/a “Union Wireless”) with corporate offices located in Mountain View, Wyoming, is the provider of the wireless service herein known as Union Wireless.
2. Minimum Service/Customer. This Agreement entered between Customer and Union Wireless is for a minimum period as indicated on the WIRELESS SERVICE AGREEMENT. (“Service Commitment”)
3. Interpretation/Law. The application and interpretation of this Agreement shall be in accordance with the Laws of the State of Wyoming and any applicable Federal law. Exclusive venue and jurisdiction for any suit or arbitration arising out of or related to this Agreement or the Union Wireless Service Agreement shall be in the appropriate forum in Uinta County, Wyoming.
4. Company Billing Policies/Deposits: Bills are payable upon receipt and are overdue if not paid by the bill due date. Customer must pay all government taxes, assessments, and fees. Late payment charges will be assessed in accordance with Union Telephone Company’s service tariffs on file with the appropriate State Public Utilities Commission or Public Service Commission as applicable. Customer’s service shall be suspended if a bill is not paid within 30 days of the bill due date. Bills not paid within 30 days of the bill due date are delinquent and Customer’s service may be immediately disconnected. Customer shall pay to Union Wireless all collection costs and expenses including reasonable attorney’s fees and costs. Restoration of Customer service requires payment of all outstanding bills plus a $20.00 re-connection fee per line or handset and Union Wireless may also require a deposit in certain instances.
Customer agrees to pay any deposits which may be required by Union Wireless to secure Customer’s account. Such deposits may be returned only after 6 months of consecutive on-time payment. Should there be an unpaid balance on a bill or if Customer is disconnected for non-payment within the term of the Agreement, Union Wireless may apply Customer’s deposit and any accrued interest to Customer’s unpaid billings. Any remaining deposit funds will be returned to Customer, subject to the limitations of this section.
Union Wireless provides affinity programs which offer discounted rates on Union Wireless services to members of certain recognized groups or entities. If Customer is eligible to participate in a reduced rate group or affinity discount program offered by Union Wireless, Customer’s eligibility for such discount will terminate when Customer’s membership or participation in the group or entity receiving such discount ceases, thereafter Customer will be subject to the standard rates charged by Union Wireless for non-discounted services. Customer may be required to provide evidence of eligibility for participation in any reduced rate group or affinity program, subject to verification by Union Wireless at any time.
Should Customer deactivate the Union Wireless service(s) for any reason, or Union Wireless deactivates Customer permanently for non-payment, any deposit will be applied against the unpaid balance of the account. Any credit left from the deposit will be refunded after all charges incurred have been processed and paid. This includes, but is not limited to such items as toll charges, local and roaming airtime charges, early termination fees and service order charges.
5. Termination. For each wireless device purchased from Union Wireless with a subsidy by Union Wireless (“Subsidized Device”), an early termination fee (“ETF”) will be charged if Customer terminates this Agreement voluntarily or by default before the end of its term. The ETF is calculated as follows: (a) List Price of the Subsidized Device at the time of Agreement, (b) minus the Activation Price paid to Union Wireless by Customer, (c) plus the List Price of any included
AppleCare+™ promotions (if any), (d) plus the dollar amount of any Union Wireless promotions that benefitted
Customer at the time of contract (for example, additional discount upon purchase of the Subsidized Device). For each full month of Customer’s Service Commitment that is completed with timely payment of all fees, charges, and other amounts due to Union Wireless, the ETF will decrease by the ETF divided by the number of months in the Agreement term. In no event will the ETF be reduced to less than $0.00.
A voice plan is required on all voice-capable Subsidized Devices, unless specifically noted otherwise in the terms governing a Customer’s service plan. An eligible data plan is required for certain Subsidized Devices designated by Union Wireless as Smartphones. If it is determined that Customer is using a voice-capable Subsidized Device without a voice plan, or Customer is using a Subsidized Device designated as a Smartphone without an eligible voice and data plan, Union Wireless reserves the right to switch Customer to the applicable service plan or plans and charge Customer the appropriate monthly fees or assess the ETF charges described above.
Customer may terminate this Agreement within fourteen (14) days after activating service without paying an ETF or an early services termination fee for the data or text plan. In such instance, Customer must pay applicable service fees and charges incurred through the termination date, but Union Wireless will refund Customer’s activation fee, if any, and Customer must return to Union Wireless any Subsidized Device and accessories purchased with this Agreement. Union Wireless may charge Customer a restocking fee. Returned devices and accessories (“Equipment”) must be in the manufacturer’s original packaging and be in like-new condition (no physical, water, or other damage). The returned Equipment must include all original components such as the device, battery, charger, manual, unopened software and invoice/receipt. Customer must remove any confidential, proprietary or personal information stored on the device by Customer before returning the Equipment. Union Wireless is not responsible for any confidential, proprietary, or personal information remaining on the returned Equipment not removed by Customer.
Returned Equipment may not be eligible for refund and the Equipment may not be returned if:
The following purchases are excluded and cannot be returned or exchanged under this policy:
Customer may be required to return any Equipment purchased with the service before Customer’s account will be cancelled. If Customer is cancels service within the 14 day return period, but does not return the Equipment within the return period, Union Wireless may charge Customer an amount equal to the full retail price of the Equipment.
If Customer paid a security deposit, 1 to 2 billing cycles may be required to process the return of the security deposit. The charges for service used on the account before the service termination date will be deducted from the security deposit.
Notwithstanding the termination provisions provided in this Section, Union Wireless complies with the Veterans Benefit Act of 2010. Section 302 of the Act provides for the following:
Either party may terminate this Agreement at any time after the Service Commitment ends. Union Wireless may terminate this Agreement at any time without notice if we cease to provide service in your area.
6. Default. Union Wireless may interrupt or terminate Customer’s service without notice if Customer engages in any Event of Default. Events of Default hereunder include, but are not limited to: any conduct that violates this Agreement or any terms and conditions of Customer’s rate plan; engaging in abusive, derogatory, or similarly unreasonable conduct with any of Union Wireless’s representatives; discovery by Union Wireless Customer is underage; Customer’s failure to make all required payments when due; providing Union Wireless with inaccurate credit information; or if Union Wireless reasonably determines that Customer’s Device is used for any unlawful purpose or in any manner that adversely affects Union Wireless’s service. Union Wireless reserves the right hereunder in its sole discretion to require Customer to pay any requested advance payment or deposit.
7. Prices and Terms and Conditions are Subject to Change/Taxes not Included. Union Wireless may change prices or revise any other terms and conditions of Customer’s Plan or of this Agreement at any time. Prior to any such revision(s) Union Wireless will provide Customer with written notice of the changes, including the effective date of such change(s); Customer’s use of service after the effective date of the change(s) is conclusive evidence of Customer’s acceptance of the change(s). Notification of any change(s), including updated terms and conditions of Customer’s Plan and/or this Agreement will be provided with Customer billing. Such change(s) will also be posted to Union Wireless’s website at: www.unionwireless.com. Union Wireless, at its sole discretion, may elect to grandfather Customer into Customer’s existing plan or this Agreement without providing written notice. If a change to Customer’s Plan or this Agreement has a material adverse effect on Customer, Customer may elect to cancel the affected line of Service within 30 days of receipt of notice, without application of ETF. Union Wireless plan prices do not include applicable taxes. Customer agrees to maintain current postal and email addresses with Union Wireless to receive any notification(s) required or permitted under this Agreement, or the Customer’s Plan.
8. Minute Increment Charges/Use. Voice airtime and other measured usage are charged in full-minute increments. Actual airtime/use is rounded up to the next full increment at the end of each call for billing purposes. Union Wireless bills a full-minute increment of usage for every fraction of the last minute used on each wireless call. Airtime is charged whether Customer initiates or receives calls. Calls are timed from when Customer presses SEND or answers an incoming call until the network confirms completion of the call. Customer minutes will be expended in the following order, as applicable: Top Ten Minutes (if available); Night and Weekend Minutes; Mobile to Mobile Minutes; Anytime Minutes; and Overage Minutes. Unanswered outgoing calls 30 seconds or longer incur airtime charges. There are additional charges for international calls and other services outside the United States of America and its Territories.
9. Monthly Recurring Charges. Monthly Recurring Charges (“MRC”) are the charges billed for the service plan to Customer every month for the duration of Customer’s Agreement. Customer is billed one month in advance of service rendered. The base MRC is the monthly billing for Customer’s Plan plus the MRC for any data plans the Customer signs up for. The Total Monthly MRC includes such additional services as Customer may select in addition to Customer’s Base MRC and includes, for example, Union Wireless’ Handset Insurance Program; Enhanced Voicemail, Extended Night & Weekend Minutes, Carefree Calling and Additional Line Charges.
In addition to Customer’s MRC, Customer may incur additional charges for services not in Customer’s Plan, including but not limited to: Overage, Data, International Roaming and Toll, Text, Picture and Video Messaging and Content Downloads, and operator services.
10. Home Calling Area. The Union Wireless Home Calling Area can be found at www.UnionWireless.com or may be obtained upon Customer request at all Union Wireless sales locations.
11. Top Ten Minutes. Certain Union Wireless plans include Top 10 Minutes. If Customer’s plan includes Top 10 Minutes, they apply as follows: Top Ten calling is included on voice calling plans with a Base Monthly Recurring Charge (“Base MRC”) of $54.95 or higher. Top Ten calling allows unlimited nationwide calling to or from any combination of 10 U.S. wireless and landline phone numbers from Union Wireless’s Home Calling Area or while roaming anywhere within the United States of America (excluding 411; voicemail; toll-free; 900/976 and other pay-per-call services, e.g. tech support, psychic advice, other chat line numbers, and premium rate numbers and calling card and Customers’ own numbers). Top Ten numbers may be changed a maximum of one time every thirty-day period. Call duration and/or continued eligibility for Top Ten calling may be limited or terminated for (i) consumer protection or (ii) abusive conduct (iii) abnormal call pattern(s) or (iv) if Customer’s Base MRC on a voice calling plan is less than or falls below $54.95. This feature is only available in United States of America or its Territories and is not available for international calls or international roaming. This Plan may be changed or discontinued at the discretion of Union Wireless.
12. Night and Weekend Minutes. Certain Union Wireless plans include Night and Weekend Minutes. If Customer’s plan includes Night and Weekend Minutes, they apply as follows: Voice calling plans with a base MRC of less than $54.95 provide unlimited Night and Weekend Minutes so long as Customer is in Union Wireless’ Home Calling Area; Night and Weekend Minutes calls initiated or received by Customer outside of Union Wireless Home Calling Area are not free and will result in depletion of Anytime Minutes and/or Overage Minute charges. Voice plans with a base MRC of $54.95 or more also allow Customer to initiate or receive Night and Weekend Minute calls while roaming anywhere in the United States of America or its Territories but not for international calls or international roaming. Nights are from 9:00 p.m. to 6:00 a.m. Weekends are from 9:00 p.m. Friday to 6:00 a.m. Monday. Times are based on the location of the mobile device at the beginning of the call.
13. Mobile to Mobile Minutes. Certain Union Wireless plans include Mobile to Mobile Minutes. If Customer’s plan includes Mobile to Mobile Minutes, they apply as follows: Voice calling plans with a Base MRC of less than $54.95 provide unlimited Mobile to Mobile Minutes so long as Customer is in the Union Wireless Home Calling Area; Mobile to Mobile calls initiated or received by Customer outside the Union Wireless Home Calling Area are not free and will result in depletion of Anytime Minutes and/or Overage Minutes charges. Voice calling plans with a Base MRC of $54.95 or more allow Customer to initiate or receive Mobile to Mobile Calls from anywhere in the United States of America.
Mobile to Mobile calls must be between one Union Wireless Customer and another Union Wireless Customer.
14. Data Services. Some Union Wireless plans include data services which allow access to the internet. If Customer’s plan does not include data services, Customer shall incur additional charges for using data services. All Customers shall incur additional charges when Customer is outside the Customer’s Home Calling area (as defined by Customer’s service plan), and accesses the internet; applicable current rates can be found at www.unionwireless.com/international or 1-888-926-CARE (2273). For Customer data service usage outside the United States of America and not part of Customer’s plan, Union Wireless rounds up to the nearest kilobyte (KB) per session; however, some of Union Wireless’ international roaming partners round up to the nearest 10 kilobytes, which is billed to Customer. Out of plan data usage within the United States is rounded up to the nearest megabyte (MB). Applicable current rates for the foregoing may be found at www.unionwireless.com or by calling 1-888-926-CARE (2273).
ADVISED that to reduce the risk of overage charges that may exceed Customer’s ability or willingness to pay, Union Wireless may limit the data speeds of any Customer/User if Customer’s usage exceeds the monthly data allotment (or shared bucket) of Customer’s selected plan by a certain threshold for the remainder of the month. Usage shall, in any event, and regardless of the speed, incur additional charges per Gigabyte (GB) used during the month, in accordance with Customer’s plan’s terms and prices. Customers who repeatedly experience limited speeds due to exceeding their data plan allotments or overage charges should consider changing to a plan that is more appropriate to Customer’s actual data usage. Unless Customer’s plan specifically provides for it, unused data allotments in any month do not roll over to succeeding months.
(c) UNLIMITED 55+ PLAN CUSTOMERS ARE HEREBY EXPLICITLY ADVISED that Union Wireless may restrict the data speeds of any Customer/User for excessive usage (greater than 25GB or greater than 10GB of tethering/hotspot traffic per individual service line during Customer’s billing cycle) as follows:
NOTE: Subject to applicable federal and state law, Union Wireless reserves the right to modify or restrict network traffic demands of some or all users at certain times based on reasonable network management requirements or to ensure a reasonable quality and level of service for all users on Union Wireless’s network.
(c) Examples of Prohibited Data Uses. Prohibited data uses include, but are not limited to the following: (1) permitting persons other than the Customer or members of guests of the Customer’s household to use the service, such as by resale or unrestricted tethering in public locations; (2) any activity that adversely affects the ability of other people or systems to access or use either our wireless services or other parties’ internet-based resources; (3) transmitting unwanted, malicious, or harmful traffic, such as spam or phishing; (4) attempted hacking of the network or any other user’s device; (5) intentionally or knowingly uploading or sending data containing viruses, worms, malware, corrupt files, Trojan horses, time bombs, or any other similar data, programs or software, which may damage another user’s access device, the network or the like; (6) denial of service attacks; or (7) any other reason that in Union Wireless’ discretion harms Union Wireless, our Network or our other customers. Without limiting any other provision of these terms, should Customer participate in any prohibited data uses, Union Wireless, in its discretion, may suspend or terminate Customer’s service and may implement reasonable network management to immediately limit or curtail the harms caused by Customer’s prohibited uses without prior notice.
15. Voice, Text, and Data Service plans are available. Such plans are subject to the following disclaimer: Unlimited does not mean prohibited Use. To ensure that all customers have access to reliable services provided at a reasonable cost, Customer is prohibited from using services provided by Union Wireless in a manner that interferes with another customer’s use of our service or disproportionally impacts Union Wireless’ network resources and may thereby harm other customers, whether Customer is on a bucket or unlimited service plan. Subject to any applicable limits of Federal law, Union Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice, offer a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend service, or decline to renew service, if Customer engages in any of the prohibited data uses detailed at Section 14(c) above or any prohibited use in Section 18 below, or if Union Wireless, in its sole discretion, determines action is necessary for network management or to protect Union Wireless, our Network, or other customers from harm or degradation.
Examples of Prohibited Voice Uses. Voice services may not be used for any commercial purposes including, but not limited to: resale, providing conference calling services, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, or other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two live persons.
16. International Roaming and Long Distance. Upon Customer’s request to Union Wireless, Customer may roam internationally (outside of the United States of America and its Territories) but additional charges shall be incurred and a deposit may be required. Substantial international roaming charges may be incurred if Customer takes a device out of the United States of America, even if no services are used intentionally. Availability and coverage quality while roaming internationally are not guaranteed. For a list of current rates, available carriers and countries, see www.unionwireless.com/international or call 1-888-926-CARE (2273). Billing and credit restrictions may apply. Additional charges shall apply; billings for international roaming may be delayed. Calls placed on other carriers’ networks may take longer to be processed. International calling rates may change from time to time without prior notice; for current rates see website or call Union Wireless. International calls and international roaming are subject to taxes levied by the Countries in which the call is made and/or terminated. Long distance calls by Customer to another country are subject to additional charges.
17. Domestic Roaming. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality and is outside the control of Union Wireless. Billing record of roaming usage may be delayed due to reporting between carriers and may appear in subsequent Customer billing.
If Customer’s usage of the Services on other carriers’ wireless networks (out of network usage) during any two (2) month period exceeds Customer’s in-network usage, or if Customer’s pattern of usage indicates that Customer primarily uses the Wireless Services outside of Union Wireless’s network, Union Wireless may at its option: terminate Customer’s wireless service or access to data services; deny Customer’s continued use of other carriers’ coverage‘ or change Customer’s plan to one imposing usage charges for out of network usage. Union Wireless will provide notice that it will take any of the above actions and Customer may terminate this Agreement subject to the termination procedures set forth herein. In the case of termination, Union Wireless will bill Customer for any applicable ETF.
18. Lawful and Non-harmful Use. Customer agrees not to use wireless telephone service (including voice, text, and data) and/or facilities (including handsets, tablets and other devices) for or in connection with any unlawful or harmful use or purposes. Unlawful or harmful use or purposes include but are in no way limited to use: relating in any way to child pornography; violating any patent, copyright or other intellectual property rights; relating to stalking, harassment, or threatening, including profane, threatening, or terroristic language; or relating to the impersonation of another person with fraudulent, unlawful, or malicious intent. Customer’s violation of this Section, may result in Union Wireless suspending or terminating Customer’s service without prior notice and, if terminated, billing Customer for any applicable ETF.
19. Indemnification of Union Wireless.
(a) Customer’s SIM Card and the encryption algorithms used are proprietary to Union Wireless. Customer’s SIM Card and its encryption algorithms are provided to Customer for use only in the Customer’s handheld device on networks to minimize exposure of encrypted data over an open internet or through a public interface or any other manner that potentially exposes Customer’s personal information over the public internet in a non-encrypted manner. Customer’s use of the SIM Card and encrypted data in a device other than Customer’s handheld device is prohibited without the prior written consent of Union Wireless. Customer agrees to defend, indemnify and hold Union Wireless harmless from any damage, loss, injury, cost, suit and attorney’s fees incurred by Customer and/or Union by Customer’s prohibited use of Customer’s SIM Card and encrypted data.
(b) Customer agrees to indemnify, defend and hold Union Wireless, its officers, directors, employees, agents and parent company harmless from and against any and all claims for damages of any nature arising in any way from, or related to, services provided by Union Wireless, or any person’s use of a Union Wireless service, voice and/or data, including without limitation, claims in tort, including negligence, arising wholly or in part from Union Wireless’ alleged fault or any violation by Customer of this Agreement. This duty shall survive the termination of this Agreement.
20. Lost Phone/Device. Wireless telephone service is mobile telephone service and the device providing service may or may not be secure from unauthorized use. Customer shall insure that the wireless device is either secured or locked when not in use; Customer will immediately notify Union Wireless upon determining that the wireless device is lost or stolen. Customer understands that if the wireless device is stolen or used by unauthorized user, the Customer is responsible for all service provided until such time as Customer reports such information to Union Wireless. Customer is responsible for paying the monthly recurring charge for service even if the device is deactivated.
21. Text and Multimedia Messaging. “Multimedia Messaging” includes picture, video and sound attachments. Certain Union Wireless plans provide for unlimited messaging in the Customer’s Home Calling Area (as defined by Customer’s service plan). Union Wireless does not guarantee delivery or receipt of messages but will use reasonable efforts to deliver and receive messages. Customer shall incur additional charges for messaging to from or outside of the Customer’s service area. For international rates please see www.unionwireless.com/international or call 1-888-926-CARE (2273).
22. CareFree Calling. Certain Union Wireless plans offer CareFree Calling as an optional service. CareFree Calling is designed to help protect against higher overage costs and is automatically included in all new calling plans at no additional charge for the first 90 days of service. Unless Customer contacts Union Wireless to cancel this service within the first 90 days of service, the option will automatically renew each month, and beginning with the fourth month of service the Customer will be charged the current rate for this option.
In the event Customer uses all available minutes or messages or Customer has used services (voice, messages and/or data services) not included in Customer’s Plan, if it is more economical than paying overage minutes or out of plan use charges, CareFree Calling moves the Customer to the lowest priced plan that would cover Customer’s usage. If Customer’s next month’s usage conforms to Customer’s original plan, the Customer’s plan reverts to the lower priced original plan. CareFree Calling only applies to domestic voice, messaging and data services usage; additional charges apply to usage outside the USA.
23. Limitation of Liability. Union Wireless makes no guarantees or warranties, expressed or implied, including without limitation fitness for a particular purpose or use or merchantability. In no event shall Union Wireless be liable for special, consequential, indirect or treble damages, attorneys’ fees, or court costs in contract or in tort. Union Wireless’ sole and maximum liability exposure for any damage actually caused by Union Wireless shall be a refund of the amount paid by Customer to Union Wireless for the month in which Customer’s loss occurred. This Agreement is not for the benefit of any third party except Union Wireless’ parent company, affiliates, subsidiaries, and successors in interest.
24. No Waiver. If Union Wireless fails for any or no reason to enforce any of its rights under this Agreement in any instance, such non-enforcement shall not be a waiver of Union Wireless’ right to enforce all its rights in another instance. Any waiver by Union Wireless of any right or obligation arising hereunder must be in writing.
25. Confidentiality and Privacy. Customer and Union Wireless are individually responsible for complying with the privacy laws to which each is subject. Neither Customer nor Union Wireless will disclose any confidential information pertaining to the other unless required or permitted to do so under applicable law or regulation. Customer may authorize Union Wireless to discuss and disclose Customer’s proprietary network information to any legally authorized agent of Customer and the authorization will be effective without need for further authentication or authorization until revoked by Customer. Such authorization or revocation must be directed to Union Wireless in writing, signed by Customer or Customer’s legally authorized representative.
26. Returned Checks. Union Wireless may charge Customer $25.00 for any returned or dishonored check.
27. No Assignment. Customer shall not assign this Agreement or any of Customer’s rights or duties under it without the prior written consent of Union Wireless. Union Wireless may assign this Agreement or any debt Customer owes Union Wireless without notifying Customer.
28. Arbitration/ Waiver of Class Actions. Most customer concerns or disputes can be resolved through our Customer Care Department. However, if either Customer or Union Wireless has an issue which cannot be resolved without third party intervention, Customer and Union Wireless agree to submit to binding arbitration pursuant to the Rules of the American Arbitration Association. This means that all disputes arising from or relating in any way to your wireless service or equipment, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law Customer and Union Wireless agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Wireless Service as a class action; that is, neither Customer nor Union Wireless will join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The waivers in this section continue in force and effect after the termination of this agreement.
29. Entire Agreement. This Agreement, the Union Wireless Service Agreement and any documents they incorporate now, or after future notice to Customer in the future, constitute the entire Agreement between Customer and Union Wireless. Customer cannot rely on other documents or what is said by any sales or customer care representative if such is contrary to this Agreement. No unwritten changes to this Agreement shall be of any force or effect. Any changes or other revisions to this Agreement must be in writing, and signed by Customer or Customer’s legally authorized representative and Union Wireless.
NOTICE TO CUSTOMER: This document, when signed or when accepted by receipt of notice and continued usage of Service, creates a binding and enforceable agreement between Customer and Union Telephone Company (d/b/a Union Wireless). The terms and conditions of this Agreement together with pricing information provided to Customer are understood and agreed to be part of the Agreement. Customer authorizes an investigation of its creditworthiness and the release of information regarding its credit experience. For new customers, this Agreement is not valid without signature.