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South Central Communications Terms and Conditions
Revision of Existing Terms and Conditions found on Service Agreement
Revised: December 14, 2007
Important: Please read this Agreement. If you are a new subscriber (“Customer”), when you initiate service by attempting to place a call on South Central Communications’ (“SCC”) wireless system, you indicate your acceptance of these Terms and Conditions as part of your Service Agreement (“Agreement”) and any applicable laws and tariffs. If you are a new customer and do not want to accept this Agreement, do not initiate service.
Basic Provisions: Customer promises, covenants, and agrees to pay for all services including airtime used by Customer regardless of whether call is initiated by Customer or received from an outside caller, and not to use wireless telephone service and/or facilities for unlawful purposes, and to pay any deposits which may be required by SCC to secure Customer’s account. Customer agrees to pay all attorney’s fees, court costs, filing fees, including charges or commissions that may be assessed by any collection agency retained to pursue this matter, which may be as much as 50% of the principal balance owing. Customer further agrees to pay interest at the rate of 1-1/2 percent per month (18% per year) if account becomes delinquent. SCC shall have the right of access to said property and/or software to repair, service, and disconnect upon discontinuance of service for any reason. Customer is responsible for all usage on the Customer’s handset (“Device”), including, but not limited to all roaming charges – both local and out-of-area. The Customer will notify SCC if his Device is lost or stolen, so that the Customer’s wireless telephone number may be temporarily deactivated. Customer shall have the right at any time to choose a larger air time package than that selected on this agreement, downgrading a selected package may result in a one-time fee. South Central Communications may report the payment status of any and all accounts to the credit bureau at any time.
Wireless Basics: The service SCC provides depends on over-the-air radio transmissions. As a result, many factors affect your ability to make and receive calls on your wireless Device and the quality of those calls. These factors include your location, the conditions of the atmosphere, the terrain, your Device model, and the nearby buildings and other structures. Any statements by SCC, its employees or agents about the coverage of our system are intended only to describe SCC’s approximate coverage in our service area. You should not interpret any such statement to mean that Service will be available without interruption in any service area.
Activation, Deposits and Early Termination: If service is terminated for any reason within the time period stipulated under the Agreement Options section of your Agreement, as determined by the date of your Service Agreement or date of activation, the customer is responsible for payment to SCC an early termination fee, amount described below. If Agreement Options are not stipulated on the Agreement and Customer is post-paid a one (1) year Agreement will be assumed.
Service is subject to our standard Service Agreement that includes a $175 (+ taxes) fee for early cancellation for each line of service. A $35 activation fee per line for one-year customer agreement, $20 activation fee per line for two-year customer agreement and/or deposit is required, activation fees may vary. A deposit of up to $500 may be required to establish service, based on your creditworthiness as reported to SCC by credit information resources sought from trade references, credit reporting agencies, and other sources.
Service Charges: Monthly service charges are not refundable if service is terminated before the billing cycle ends. On a call that crosses time periods, minutes are deducted or charged based on the call start time. Continued excessive airtime usage on Unlimited “Whenever Talk” Plan1 or Plan 2 may incur a plan change or discontinuance of service, refer to our Acceptable Use Policy for additional information. Except as indicated additional fees apply for directory assistance, taxes, assessment, surcharges, roaming, long distance, operator-assisted, credit card or other toll charges.
Fees: Service changes warrant applicable charges (fees) for such changes in service. If questions arise with regard to fees for changes in service please call one of our offices for explanation and current pricing. If service has been temporarily suspended for non-payment a reconnect fee will be charged to restore service.
Airtime: REGIONAL PLANS: mobile-to-mobile minutes apply only between SCC customers while on the SCC network, both wireless and wireline. Night minutes apply to calls made from 7:00 pm to 6:59 am Monday through Friday. Weekend minutes apply to calls made from 7:00 pm Friday to 6:59 am Monday. Night and weekend minutes apply only while on the SCC network. Calls made outside the home calling area may incur roaming charges. Anytime minutes apply to calls placed or received within the home calling area only when other calling plan allowances are exhausted or do not apply. Outside the home area, additional roaming charges may apply. Billing of some charges, such as roaming, may be delayed or applied against allocated minutes in a subsequent billing cycle, which may cause you to exceed your allocated minutes. Unused minutes expire each month. Roaming airtime for incoming and outgoing calls are rounded up and billed in full-minute increments from the time the network begins to process the call (before the call rings or is answered) through its termination of the call; any fraction of a minute of usage is rounded up and charged or deducted from any included minutes at the full minute rate.
Airtime: NATIONAL PLANS: night and weekend minutes apply to calls made from 9:00 pm to 6:59 am Monday through Friday. Weekend minutes apply to calls made from 9:00 pm Friday to 6:59 am Monday. Billing of some charges, such as roaming, may be delayed or applied against allocated minutes in a subsequent billing cycle, which may cause you to exceed your allocated minutes. Unused minutes expire each month. On National Plans excess usage, with respect to airtime, is defined in our Acceptable Use Policy.
Multiple Lines of Services: The first line of service activated on the Service Plan (“Primary Line”) and subsequent secondary lines may have different term commitment end dates. If the primary line on the account is terminated prior to expiration of the term of any secondary line, a secondary line must move into the primary line position.
Wireless Equipment Protection : Wireless Equipment Protection (“WEP”) will repair or replace your wireless Device in the event it is damaged (subject to exclusions). If you don’t have WEP on your account you will be responsible for any repair or replacement of your wireless device in the event it is damaged. Customers who initiate the maximum number of claims in two (2) consecutive years may be subject to increases in premium, deductible or both – or may be terminated from the WEP program. WEP may be added to a Customer’s account at any time, subject to a waiting period and certain restrictions.
Our Risk-Free Guarantee: We are confident that when you activate service or purchase products with South Central Communications that you will be pleased and satisfied with your purchase. However, if for any reason within the first 15 days after activating service you are not satisfied with the Device or service purchased at one of South Central’s retail stores simply: 1) return your complete undamaged Device in the original package, and 2) request that we deactivate your service. We'll refund any activation fee, waive your early termination fee and only charge you for airtime accrued on your account through the deactivation date. Charges are based on actual usage multiplied by our present overage fees/roaming rates.
Number Portability: Although most SCC telephone service numbers are “portable” some are not portable and cannot be transferred and you have no property right or other continuing right in those assigned telephone numbers. These telephone numbers include, but are not limited to, prepaid metered service plans – typically any number within the 6000 number range, subject to certain exclusions.
Recommendations: At South Central Communications we recommend that you set your handset to “home only” when you’re within the SCC home coverage area to avoid any unnecessary roaming. This will necessitate that you remember to change that setting to “automatic” if you leave the SCC coverage area.
Indemnity: Customer agrees to indemnify and hold SCC harmless against any and all claims, demands, actions, or other causes of action (including actions by third parties) arising out of the use or attempted use of the service.
Terms and Conditions Changes: Our Terms may change from time-to-time, the most recent version is posted on our website and will override this copy, if changes or revisions are made.
This Agreement and all applicable Terms and Conditions shall be governed by and interpreted under the laws of the State of Utah without giving effect to conflicts of laws principles of Utah law.
Acceptable Use Policy
South Central Communications
December 14, 2007
Voice Services:
The South Central Communications (“SCC”) “Unlimited Service Plans” provide a service in which customers do not pay metered "per minute" charges for local voice service. In an effort to offer this service on a reliable basis at a reasonable cost, SCC reserves the right to move customers to a higher-priced plan, discontinue providing service to customers, to discontinue accounts, or to discontinue providing connections to particular telephone numbers or types of services, that, in the sole judgment of SCC, appear likely to generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers, numbers or types of services or which may be harmful or disruptive to SCC’s system or services to other customers. SCC considers “excessive usage” on Unlimited Whenever Talk plans to be continual consecutive usage in excess of 3,500 minutes per month. By initiating service and placing calls on the SCC system, customers acknowledge and agree to this reservation of rights by SCC.
As an independent regional wireless carrier SCC offers “National Service Plans” with packages and features commensurate with, or better than, other wireless carriers. In an effort to offer national service at a reasonable cost, SCC reserves the right to move a customer(s) to a higher-priced plan, discontinue providing service to customers, to discontinue accounts, or in the sole judgment of SCC, those appear likely to continuously generate abnormally high call volumes of airtime off the SCC network in comparison to plan minutes. Specifically, if more than fifty (50) percent of the total plan minutes are used on networks other than the SCC network for six (6) consecutive months or more you may be subject to aforementioned provisions.
Data Services:
Information & Content:
SOUTH CENTRAL COMMUNICATIONS IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Any information you involuntarily or voluntarily provide third parties is governed by their policies. Neither South Central Communications nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither South Central Communications nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.
Permissible Uses:
Data Service sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications).
Prohibited Uses:
Unless specifically outlined by your rate plan, prohibited uses include, but are not limited to, using Services: (i) with server devices or with host computer applications, including, without limitation, Web camera posts or broadcasts, continuous file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications; (ii) as substitute or backup for private lines or dedicated data connections; (iii) for Voice over IP; (iv) in conjunction with WWAN or other applications or devices which aggregate usage from multiple sources prior to transmission; (v) using the Services for any activity that adversely affects the ability of other people or systems to use either the Services or other parties' Internet-based resources including, but not limited to excessive consumption of network or system resources (whether intentional or unintentional) and "denial of service" (DoS) attacks against another network host or individual user; (vi) interference with or disruption of other network users, network services or network equipment; (vii) for uploading, downloading or streaming of video content (e.g. movies, TV), music or games; (viii) for any applications that tether the device (through use of, including without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth or any other wireless technology) to laptops, PCs, or other device for any purpose; (ix) as a medium to distribute mass, unsolicited or otherwise unlawful mail and/or content . Service is not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage. South Central Communications reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its network or service levels and (ii) protect its network from harm, which may impact legitimate data flows. You may not send solicitations to South Central Communications subscribers without their consent. You may not use the Services other than as intended by South Central Communications and applicable law. Plans are for individual use only and are not for resale. While in a data session, you will be unable to make/receive voice calls.
Security:
SOUTH CENTRAL COMMUNICATIONS DOES NOT GUARANTEE SECURITY. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. South Central Communications recommends the use of firewall, Anti-Virus, Anti-Spam, Anti-Spyware & Anti-Malware hardware/software.
All Content © South Central Communications 2005