Carolina West Wireless (CWW) Terms and Conditions

Revision Published: October 31, 2012

Please read the following terms and conditions guidelines regarding Carolina West Wireless services and offerings.

The following represents an agreement between Carolina West Wireless, Inc., or CWW Hickory, L.L.C. and the consumer.

 

Limitations of Service

Services provided by Carolina West Wireless are typically available within the operating boundaries of the wireless network as designated in the coverage plan collateral provided prior to or at the time of initial signing.  Additional coverage maps are also available at CWW’s official website (www.carolinawest.com). Due to radio frequency transmissions, which cannot be controlled by Carolina West Wireless, coverage may vary and affect the quality of inbound and outbound calls.  Other factors may include geographical terrain, building construction and locations, weather or other atmospheric conditions, network interfaces, transport facilities, and additional wireless equipment among others.  CWW is not responsible for problems caused by these factors.  As a result, some services may be interrupted or result in poor quality without notice including emergency calls.

Alterations to Terms and Conditions

CWW may change the terms, conditions, rates, fees, or other charges of its service at any time regardless of plan.  Customers will be made aware of such changes in advance notice via a bill message, bill insert, separate postal letter, email, or text message.  Termination of a contractual agreement may occur without an Early Termination Fee (ETF) within 30 days of signing if any material change is made to services provided by CWW or change in price from the initial point of purchase.

Use of Service

Use of CWW services are intended for lawful and customary purposes only.  Any illegal use of services provided shall be considered in breach of contract and result in prompt termination of service by CWW.  In addition, CWW, its employees, agents, dealers, retailers, consultants, affiliates, etc., cannot be held responsible for claims surrounding the use of its services.  CWW reserves the right to manage its wireless network and the use of its services.  As a result, CWW may deny a request for service from any customer or potential customer or discontinue a customer's service for any lawful reason. Activation of a new account will require a credit check and/or a deposit determined by a CWW representative.  CWW in its sole discretion may block access to a number and/or certain categories of numbers, certain websites, or certain messages, including text, video, photo, and audio messages, to the extent permitted. Calls that may increase traffic on the CWW network may also be blocked by CWW in its sole discretion. Furthermore, in compliance with all federal, state and local laws regarding safe use of wireless services.  The use of all CWW services must be exercised in a safe manner not placing either the user or other parties at unnecessary risk.  You agree you have no right to the wireless number or any email address or other identifying item used by CWW in its normal course of business.  In certain instances, you may “port” the number you use from one carrier to another carrier, as allowed by law.

Terms of Service 

Each individual line of service shall have a minimum commitment period set forward on the service agreement.  At the conclusion of the initial commitment period or any extension thereof the service agreement shall renew on a month-to-month basis in perpetuity.

Service Plans

Service plans and coverage areas are pre-determined by Carolina West Wireless Management and are subject to change.  All costs associated with plan coverage and available services are nonnegotiable and should be decided upon at the initial point of signing.  All restrictions and conditions applicable to service plans and coverage areas are available in marketing materials published by CWW or online at (www.carolinawest.com) are incorporated herein by reference. Amendments to service plans may result in changes to the above listed conditions and to that of new rate plans.  Changes may include a new term commitment, the availability of new services or other conditions CWW sets forward as part of a new service plan or requirement.  In compliance with federal, state and local laws, CWW may make additional changes to service plans upon prior notice to the customer.  Such changes may include, but are not limited to changes in: taxes, fees, levies, mandated program recovery fees, surcharges, tariffs, etc.  In the event of a change in pricing to service plans, CWW will notify customers a minimum of 30 days in advance before any changes are made to their specific account.  At this time each account holder reserves the right to reject the suggested changes and terminate service with CWW without penalty within 30 days of notification.

Termination of Service

Termination of service requires a minimum of a 30-day written notice to CWW.  All terms and stipulations of the initial service agreement must be met.  You are responsible for payment of any outstanding charges, including any applicable Early Termination Fee (ETF).  An ETF shall apply for all lines of service still under contract. The ETF shall be $175 per line of service or if your agreement was originated after December 15, 2011 on a “Specialty Device” the ETF shall be $350. For a complete listing of Specialty Devices, visit www.carolinawest.com/specialtydevices. CWW may terminate service as set forward above; for excessive use of non-CWW networks, as defined as more than 40% of your total allowable service plan services, e.g. minutes, data, messages, etc., over a 60 day period, or for non-payment for the services provided under this agreement. Any credit deposit required at the initial point of signing may be used to offset any or all outstanding debt owed to CWW.  In the event a positive balance remains after the account has been settled, CWW shall return any excess funds to the customer.  If a negative balance incurs after the use of the deposit, the remaining balance must be paid in full before any termination of service will be authorized.  CWW reserves the right to pursue any legal action necessary to collect or resolve any unpaid amount in conjunction with federal, state and local laws.

Device Return / 14-Day Risk Free Trial

Service may be cancelled within fourteen (14) days of activation without penalty provided all terms and requirements applicable to this period have been met.  All services and charges incurred during said 14-day period must be paid in full and any equipment purchased in association with this service agreement must be returned.  Equipment returned must be in “like new condition”, as determined by a company representative in their sole discretion.  Equipment returned is subject to a restocking fee of $35. Risk free trial indicates no obligation to fulfill the term of the agreement signed upon cancellation within the acceptable fourteen-day period. The risk free trial does not exempt charges incurred, equipment cost, activation fee or any other fee for service. For equipment exchanges, refer to the Equipment Return for Exchange Policy located at www.carolinawest.com/return-policy

Equipment Return for Exchange:

Wireless devices and accessories may be exchanged within fourteen (14) days from the date of purchase. A restocking fee of $35 applies to any return or exchange of a wireless device. Equipment returned for exchange or refund must be in “like new condition”, as determined by a company representative in their sole discretion. Returned wireless devices must include the device, charger, battery, instructions, any additional components and the original box and packing material accompanied by the original purchase receipt. Accessories must include the unit and original packing material accompanied by the purchase receipt. Exchange of wireless device does not extend the 14-day risk free trial. Only one exchange from original device permitted.  Merchandise purchased from an authorized retailer must be returned to the original purchase location and is subject to the retailer's return / exchange policy.

Equipment

Only CWW approved equipment is acceptable for use on the CWW networks.  CWW is not liable for the performance of said equipment on its network or any claims arising from the use of the equipment by the user.  CWW does not manufacture equipment and cannot be considered liable for any defects, failures, non-performance, or negligence by the manufacturer.  Any equipment purchased is subject to the original manufacturer’s warranties when applicable. 

Deposits

A credit deposit may be required for activation of a new account or new line of service at the initial point of signing as applicable with federal, state and local laws.  CWW in its sole discretion has established certain credit standards as criteria for the different types of service it offers.  If a credit deposit is required, a written request must be submitted for the return of the deposit when terminating service with CWW.

Permitted Users and Charges

Proprietors or designated account holders as listed on each service agreement are responsible for all applicable charges and/or fees incurred.  Such charges include but are not limited to services provided directly by CWW or by third party services/applications in regard to the attainment of ring-tones, graphics, games, wallpapers, or other premium content.  In the event services offered by CWW are not available in a specific area; additional fees may be applicable based on the available service provider rendered to acquire voice, data or incremental charges.

Discrepancies

Billing discrepancies must be submitted in writing within 30 days of the statement in question and must include specific reasons outlining the dispute in detail.  All discrepancies submitted after or not in the proper format beyond the 30-day window will not be considered.  Likewise account holders who do not dispute discrepancies within the 30 days following the billing statement in question will waive any further right to remedy the dispute with CWW.  In the event unauthorized use of service has occurred, CWW must be notified within 30 days from the date of billing reflecting such unauthorized use.  CWW will investigate and determine whether any unauthorized use has occurred and determine any associated credit.  If a credit is warranted, the amount will be applied to the subsequent billing invoice outlining the disputed charges.  If the resolution determined by CWW is considered unsatisfactory, a written submission of the dispute may be escalated for further review under the Dispute Resolution process, as described hereafter, as an Unresolved Dispute.

Dispute Resolution

Adequate written documentation must be provided to CWW within the specified time frame referenced herein for any dispute arising from this agreement.  CWW will then have at least 30 days to resolve the dispute before either party may file for arbitration.  Either party may extend by an additional 30 days, the period to resolve the dispute, prior to an arbitration filing by providing written notification is made available to other party.  Binding arbitration with CWW to resolve any unresolved disputes or issues must be adhered to as defined by the terms above.  Arbitration shall take place using a neutral arbitrator on a site mutually agreeable to both parties.  The findings of an arbitrator shall be considered final and binding.  Arbitration shall be used to resolve any claims arising from the relationship between the account holder and CWW including but not limited to advertising of the services, sale and subscription of the services, support of the services by any employee, agent, affiliate of CWW, termination of agreements, use of services, delivery of the services, any actions of class.  The Federal Arbitration Act shall govern the Arbitration.  For any disputed amount less than $5000, the foregoing shall not apply.  In such instances, either Party may pursue claims less than $5000 through the small claims or conciliation courts.  The prevailing Party shall be entitled to recover any reasonable attorney fees, court costs, or other associated administrative fees in addition to any court award.

Notification to seek arbitration must be made known to CWW by filing a notice of said intention to Notice to, Carolina West Wireless, Raymond Parker, Finger Parker Avram & Roemer, PO BOX 8, JONESVILLE, NORTH CAROLINA 28642.  The notice must describe the nature and basis of the claim or dispute; and specify the preferred resolution.  If an agreement for the claim is not resolved within 30 days after the Notice is received, either party involved may commence an arbitration proceeding.  During the arbitration no information shall be shared with the arbitrator regarding any offer to settle by either party.  The arbitrator shall determine the amount, if any, owed by either party.  The arbitration process shall be governed by the appropriate rules of the American Arbitration Association, which are available at www.adr.org, or 1-800-778-7879.  The arbitrator shall decide all issues, including but not limited to venue, oral or written documentation, etc, around the dispute, but shall be generally bound by this agreement regarding the scope of such arbitration.  The arbitrator shall determine responsible party for payment of any fees for such arbitration.  Any duplicative fees may not be recovered.  CWW may also file separate claims against the account holder in question.  The arbitration must be between the stated parties involved only and not of any class for purposes of any legal proceeding.  In addition the arbitrator cannot consolidate another party’s claim for the purpose of deciding any class proceeding.

Billing and Payment

Recurring monthly service and features are billed in advance.  Proration is applicable upon the initiation of service with CWW or change of service.  Usage based charges, including but not limited to airtime, data, messaging, events, etc, are billed in arrears.  In concordance with the terms of service with CWW the account holder agrees to pay for all charges including all taxes, levies, tariffs, regulatory fees, mandated programs, and other fees and surcharges.  Voice calls are billed in one-minute increments and data usage is billed in kilobytes.  Any partial usage is rounded up to the nearest minute or kilobyte.  In addition certain premium content transactional events are billed in addition to the actual network usage.  Unless specifically referenced in description of services plan materials, unused services available within your service plan do not carry forward.  Charges begin when the SEND or similar key is pressed and continue until the END or similar key is pressed, or the network disconnects the call.  Charges for the use of networks other than CWW may appear on a billing statement apart from CWW.  These charges will usually appear on the following bill cycle.  Failure to pay by the due date specified on the monthly billing statement will be subject to additional late fees for any unpaid portion of the bill calculated at 1.5% of the unpaid balance.  Service may be temporarily interrupted or suspended if the total amount due for the services rendered is not paid by the specified date, or within a period approved by a CWW representative.  If a payment is not made within the specified due date and an account continues in a delinquent state, CWW may terminate the service for non-payment and assess early termination penalties and applicable late fees as well as any other costs associated with collecting the debt including but not limited to third party collection costs, attorney fees, filing fees, and court costs.  Prepaid and Monthly Unlimited Service Plans are due and payable in advance of usage.  If payment is not made on the due date, service will be terminated.  Prepaid and Monthly Unlimited Service Plan customers may retain use of their number if they replenish their account no later than 30 days from service termination.  Under no circumstance will payments on Prepaid or Monthly Unlimited Service Plans be refundable.  Payments are accepted by check, credit card, debit card, automatic bank draft, or cash or by authorizing CWW to automatically withdraw funds from a specified checking or savings account via your credit or debit card.  Please see www.carolinawest.com for more details or call CWW at 1-800-235-5007 for more information.

Bad Check and Credit/Debit Card Returns

If a payment is returned for reason of insufficient funds or is rejected by a Credit Card or Debit Card Company, a return fee of $30 will be applied to the account in question per instance.  In this event, CWW has the right to temporarily suspend the account and will also be subject a reconnect fee to reinstate service.

Lost or Stolen Device

CWW must be notified within 48 hours of a lost or stolen device.  Once the incident is reported the account holder will not be responsible for any charges incurred following your report.  A device may be reported as stolen or lost by calling CWW at 800-235-5007, calling 611, or on-line at www.carolinawest.com/how-to-file-a-claim. However, the account holder is responsible for all charges incurred prior to the time a report is filed classifying the device lost or stolen.  If any charges appear on a bill during the period between the incident and reporting it to CWW, those charges may be reported and CWW will investigate those charges and notify the account holder within 30 days of its finding.  If the account holder disagrees with CWW’s findings they may in turn file a submission of dispute with CWW for resolution.  The account holder must comply with all obligations under this agreement while the device is suspended as lost or stolen.

Affiliated Service Discounts/Benefits

Any special consideration for affiliation with a governmental agency or business is available only as long as the business or governmental agency is a customer of CWW and the account or line of service affiliated thereto.  If an employee is liable for their own charges, the account holder must comply with the terms and conditions of this agreement to continue to receive the consideration.  If the affiliated governmental agency or business changes service plans, in conjunction the service will change accordingly.

Liability Limitation

YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR ANY OTHER RELIEF AGAINST CWW (INCLUDING ITS VENDORS, SUPPLIERS, AFFILIATES, CONTRACTORS, CONSULTANTS, EMPLOYEES, AGENTS, ETC), UNLESS FORBIDDEN BY LAW IN ANY SPECIFIC CASE, TO (1) YOUR SPECIFIC DAMAGES OR (2) ONE MONTH'S SERVICE FEES, WHICH EVER IS LESS.  THIS LIMITATION AND WAIVER WILL APPLY IN ALL INSTANCES REGARDLESS OF WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY AS CONSTRUED IN ANY OTHER FASHION.  ADDITIONALLY, YOU AGREE THAT CWW IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES WHETHER CONNECT WITH A DEVICE OR EQUIPMENT OR NOT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR REPLACEMENT COST OF PRODUCTS AND SERVICES.

WARRANTY DISCLAIMER

CWW does not manufacture deVices or equipment of any kind.  CWW does not offer a warranty of any kind for the equipment or devises it sells.  THE equipment and devices are subject to specific manufacturer warranty.  Any statement to the contrary by any party whether a CWW employee, agent, affiliate, dealer, retailer, or any other third party, does not constitute a warranty of any kind.  CWW makeS no representations, expressed or implied about its service applications, SERVICE, or any device or equipment it sells including any implied warranty of merchantability or fitness for a particular purpose.

CWW shall not be liable for any CLAIMS OF damage OR HARM whether actual, implied, incidental, special, treble, punitive, consequential, OR ANY OTHER losses arising from the use of its service, the interruption of THAT service for any reason, or THE use of ANY COMBINATION OF devices or equipment it sells.  THESE CLAIMS MAY INCLUDE, But ARE NO LIMITED TO ECONOMIC LOSS, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, DEATH, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF PROFITS, ETC.

Privacy & CPNI Information

For information regarding our commitment to keeping your information safe please view our complete privacy policy located at any retail sales center or at www.carolinawest.com/privacy-policy

Data Network Access

At CWW, it is our goal to ensure equitable network access is available to all subscribers. This policy includes a data consumption levels cap of 3GB per monthly bill cycle to which a subscriber may use including upload and download transmissions within a stated period of time. If you exceed the 3GB cap, you may be charged for additional usage at a rate of $9.99 per MB. If you subscribed to a plan that includes unlimited data usage, CWW will temporarily reduce the speed at which you can send and receive data over the network once the 3GB threshold has been reached. In addition, other traffic management and prioritization tools to help ensure equitable access to the CWW network for all subscribers. Your service speed is not guaranteed and is subject to this Fair Use Policy. For additional information see the complete published fair use policy at www.carolinawest.com/fair-use-policy.

Open Internet Order:

On December 23, 2010, the Federal Communication Commission (“FCC”) released orders in an effort to preserve and reinforce internet freedom and openness. The basic rules are: Transparency Disclosure, Unlawful Blocking and no unreasonable discrimination. For additional information and compliance of the open internet order please visit www.carolinawest.com/open-internet