TERMS AND CONDITIONS

ACCEPTANCE: This document is an offer by the customer, which will become a contract only when accepted by Carolina West Wireless, Inc. (Hereinafter collectively referred to as CWW.) It is agreed that sales are made only on the terms and conditions contained herein.

LIMITATION OF LIABILITY: The equipment, if applicable, is subject to manufacturer’s limited warranty, a copy of which is included with the equipment. CWW shall not be liable for any special, incidental or consequential damages or for any other loss, damage or expense directly or indirectly arising from customer’s use of the equipment or for commercial loss of any kind. Cellular telephone and paging service is subject to transmission limitations caused by atmospheric and various other conditions. Cellular telephone and paging service may be temporarily unavailable or limited because of the cellular system’s capacity limitations. IN NO EVENT SHALL CWW BE LIABLE FOR INTERRUPTIONS OR DELAYS IN TRANSMISSION, OR FOR ERRORS OR DEFECTS IN TRANSMISSION, OR FOR FAILURE TO TRANSMIT WHEN ANY SUCH PROBLEMS ARE CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, OR BY OTHER CAUSES BEYOND OUR CONTROL. NO CREDIT ALLOWANCE WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY YOUR NEGLIGENCE OR BY YOUR WILLFUL ACTS, OR FOR INTERRUPTIONS CAUSED BY FAILURE OR SERVICE OTHER THAN OUR SERVICE OR EQUIPMENT FAILURE. IN NO EVENT SHALL CWW BE LIABLE, AND CUSTOMER RELEASES CWW FROM LIABILITY FOR DAMAGES OR INJURIES CAUSED BY FAILURES OR DELAYS IN THE PROVISION OF, OR MAKING CALLS TO 911 OR ANY OTHER EMERGENCY SERVICE.

TERMINATION OF SERVICE: Cellular telephone service or paging service shall not be used for any purpose that violates the law or in any manner which interfere unreasonably with the use of service by one or more other customers. Unlawful or interfering uses are grounds for termination of your service. We can also terminate your service if you have made a false statement on your application for purposes of inducing CWW to extend credit to you. You may terminate your service only by written thirty (30) day notice to CWW. You are responsible for payment of outstanding charges, INCLUDING ANY APPLICABLE EARLY TERMINATION FEES. If you do not pay charges owed to us or if you violate any of the terms of this Agreement, we have the right, after giving you prior written notice of our intention, to discontinue your cellular service temporarily or to terminate your cellular service. In either case, CWW shall incur no liability whatsoever. In addition, if we refer your account to any attorney or agency for collection, you agree to pay our actual collection costs, including reasonable attorney’s fees. Monthly access charges are not prorated to active period at termination. Activation Fee is not refundable.

CPNI CONSENT: Under federal law, customer has a right, and CWW has a duty, to protect the confidentiality of information about the amount, type, and destination of customer’s wireless service usage and the location of the wireless device on the CWW network (CPNI). Customer consents for CWW to share customer’s CPNI or other personal information with CWW and our affiliates, agents, and contractors, to develop or bring to your attention any products and services. This consent survives the termination of customer’s service and is valid until customer revokes it. To remove this consent, notify CWW in writing to Carolina West Wireless, Attn: CPNI, P. O. Box 959, Wilkesboro, NC 28697. Removing consent will not affect current service or other provisions within this Agreement. CWW as a policy does not share or sell customer information to non-affiliated 3rd party companies.

CELLULAR CLONING: Customers of CWW are prohibited from acquiring and using wireless devices which have been altered to transmit an Electronic Serial Number identical to any Electronic Serial Number actively in service within the CWW wireless network system. Accounts which are detected to be in violation of this limitation will be subject to disconnection. Termination of service due to cloning does not release customer from contract obligations set forth within this Agreement.

SERVICE AVAILABILITY: Service is normally available to customer’s wireless device when it is within the operating range of the CWW network system and may be available outside of the local area in other participating carrier service areas. Service functionality may vary when outside the CWW system. Service may be temporarily interrupted, delayed or otherwise limited for a variety of reasons, including, but not limited to, transmissions limitations caused by atmospheric and other conditions, terrain, buildings, availability of radio frequency channels, system capacity limitations, coordination with other systems, equipment modifications and repairs, and problems associated with the facilities of interconnecting carriers. There are gaps in service within the service area. CWW does not guarantee customer uninterrupted service.

PAYMENT: All billing will be monthly, billed and payable in advance, except for local airtime charges, roaming, and toll charges. Payment of your cellular telephone bill is due on the date indicated on the bill. Balances which remain unpaid on the next bill may accrue late payment charges of one & one half (1½) percent. If service has been suspended due to non-payment, a reactivation fee may be charged. A fee of twenty five dollars ($25.00) will be charged for all returned checks.

CHARGES: Monthly billing for cellular service includes the MONTHLY ACCESS (billed in advance) and AIRTIME CHARGES (billed in arrears). Local airtime charges (incoming and outgoing calls) are rated at one minute increments. Long distance calls made from within the local calling area will be charged the toll separately from the airtime charges. Calls made from outside the local calling area (ROAMING) are charged by the serving carrier and costs are subject to change without notice. Roaming charges may appear on a bill after the bill for the period in which the roaming occurs.

DEPOSITS: When required, a deposit is held by CWW as security for the payment of charges. It is not a prepayment or delay for payment of cellular telephone service. Deposits may be mixed with other funds and will not earn interest. We may at any time apply the deposit to any amount due and past due, and Customer may be required to repay the deposit to continue or reconnect service. Deposits will be applied to account after twelve (12) months of continuous service if the following conditions are met: (1) Customer has not had more than two late payment notices; (2) Customer has not been disconnected for non-payment of account; and (3) customer has not acted to defraud CWW. If services are terminated for any reason, CWW will apply customer deposit toward payment of outstanding charges and return any excess to customer within 75 days after termination of services.

DISPUTED CHARGES: Customer must raise any dispute regarding charges billed by CWW within 30 days of the billing date or customer has accepted the billing statement and charges in question as valid. 

NON LOCAL RATE PLANS: Customers with rate plans offered by CWW that include free or discounted regional or national service must maintain a local physical mailing address. Local is referred to as within the ten (10) county local service area of Alleghany, Ashe, Avery, Surry, Watauga, Wilkes, Alexander, Caldwell, Catawba and Burke counties. CWW reserves the right to suspend service to such accounts which do not adhere to these qualifications or change the rate plan to one defined as “local”. Carolina West Wireless reserves the right to terminate your service or require a local service plan if less than 50% of your overall minutes in each of three consecutive billing cycles are used in the Carolina West Wireless local service area.

LOST OR STOLEN EQUIPMENT: If your cellular telephone or pager is stolen, you are to report the telephone or pager as being stolen to CWW within 67 hours of the theft. You will be responsible for all calls and charges on your cellular phone during this period if you fail to report the theft to CWW. Disconnection of service due to lost or stolen equipment does not release customer from contract obligations or any other requirements or restrictions set forth within this Agreement.

WAIVER: A waiver by CWW of any default by customer will not operate as a waiver of any default at any subsequent time.

ASSIGNMENT: This agreement is not assignable by Customer. Any attempt to assign any of the right, duties, or obligations under this Agreement will be deemed void or at default.

GENERAL: This agreement supersedes all prior or contemporaneous proposals and negotiations and constitutes the entire agreement between CWW and customer with respect to the purchase of Equipment and Service. CUSTOMER AGREES THAT NO ORAL REPRESENTATION OF ANY SALES REPRESENTATIVE, AGENT, OFFICER, OR EMPLOYEE OF CWW SHALL OPERATE TO VARY THE TERMS HEREOF. Any modification of this agreement must be in writing and executed by an authorized representative of the party against whom enforcement is sought.

CAPACITY: Customer represents self as being legally competent to enter this Agreement, that customer is over 18 years of age, a citizen of the United States, and that customer is not aware of any disability that would prevent customer from entering into this Agreement. 

STATEMENT OF NON-DISCRIMINATION: Carolina West Wireless is the recipient of Federal financial assistance from the Rural Utilities Service, an agency of the U. S. Department of Agriculture and is subject to the Provisions of Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended the Age Discrimination Act of 1975, as amended and the rules and regulations of the U. S. Department of Agriculture which provide that no persons in the United States on the basis of race, color, national origin, age or handicap shall be excluded from the participation in, admission or access of to, denied the benefits of or otherwise be subjected to discrimination under any of this organization’s programs or activities. This organization is committed not to discriminate against any person on the ground of race, color or national origin in its policies and practices in the conduct of the operations of this organization. Any individual, or specific class of individuals, who feels that this organization has subjected them to discrimination provided by title VI of the Act and the Rules and Regulations issued hereunder, may by himself or a representative,file with the Secretary of Agriculture, Washington , DC 20250, or the Rural Utilities Service, Washington, DC 20250, or Slayton S. Stewart, PO Box 959, Wilkesboro, NC 28697, or all, a written complaint. Complaints must be filed within 180 days after the alleged discrimination or by such date to which the Secretary of Agricultur e or the Rural Utilities Service extends the time for filing. Confidentiality will be maintained to the extent necessary to carry out the purpose of the Rules and Regulations.