SILVER STAR COMMUNICATIONS |
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Silver Star PCS Terms & Conditions: By your signature on the front of this agreement, (1) you confirm that you have read and agree to all of the provisions of this agreement, (2) you authorize Silver Star PCS and its agents to check your credit references through a credit bureau and with other references and to report Silver Star PCS' credit experience with you to credit bureaus, (3) you authorize faxing your signature on this page to demonstrate your consent to checking your credit history, (4) if you are signing on behalf of a corporation or other entity, you give your assurance that you have authority to sign, and if you lack the authority, that you will be personally responsible for all amounts due under this agreement, (5) if you are signing on behalf of a partnership, or private corporation, or limited liability corporation or other entity, you personally guarantee payment and performance of all obligations of this contract, (6) you understand that should you wish to cancel your Silver Star PCS contract, you must give at least 30 days notice, and (7) you understand that both the Mountain West and Fifty States rate plans require 50% of your airtime to originate within your local calling network.
30 Day Satisfaction Guarantee: You may terminate your service within 30 days of activation for any reason, with no penalties or early termination charges. In order to qualify for the guarantee, you must 1) contact Silver Star PCS to cancel your plan, 2) return all wireless equipment received from Silver Star PCS with the original packaging, and 3) submit payment for all fees incurred on your account from the date of activation to termination, including but not limited to access charges, roaming and long distance charges, taxes, and equipment purchases. Price of phones and equipment will be credited upon return. Failure to pay a statement is not considered termination of your account. Final billing for your account may take two full billing cycles to process roaming charges. Accounts cancelled within 30 days are not eligible to port numbers.
Agreement: Upon approval of your request for service and signing of the Silver Star PCS contract, Silver Star PCS will authorize service to you using the Silver Star Network in accordance with the provisions of the Silver Star PCS terms below. You agree to pay for and use Silver Star PCS service in accordance with these provisions (including rate plans, data plans, features, promotions, etc., you select). All conditions of this contract apply to any future lines of service, and to any changes made to any of the above charges.
Service Availability: Silver Star PCS' service is provided over radio facilities and is available only within their operating range. Radio signals are subject to inherent limitations, such as blockage from the horizon or intervening terrain, structures or heavy foliage, and the effects of excess distance, multi-path distortion, radio or electronic interference, and other natural or man-made conditions. Service may be limited by acts of nature, system repair, and emergency or in suspected fraud, abuse, viruses, or hacking. If you are outside Silver Star PCS' Network, then service is also subject to the availability of roaming arrangements, and functionality may vary while roaming. A digital, dual-mode (CDMA) phone is required to access a digital signal.
Charges: Your charges for cellular access and system features will be billed and paid one month in advance or in arrears depending on your service plan, with fractions of a month prorated if necessary. Prorating of monthly charges is calculated on the basis of a thirty (30) day month. All usage of your cellular phone or device must be paid by you, whether the call originates from your phone or device or someone calls your phone or device, and whether the usage is on Silver Star PCS' system or another cellular system in a different service area. Charges for usage in a different service area (roaming) may be delayed and not appear on your cellular bill until sometime after the month the charges were actually incurred. Roaming airtime minutes will be applied against the included minutes for the month in which they were billed. Your usage charges start with the channel seizure (when you press the SEND button). You are not charged for busy signals or when no one answers. Airtime is billed in 60 second increments. Because fractions of minutes are rounded up, the actual included minutes available may vary. In addition to cellular service, you must pay all taxes, carrier charges and mandated fees, if any, incurred by the use of your cellular phone or device, such as all applicable federal, state or local taxes (whether levied as excise, sales, use, receipts, spectrum, utility, 911, message or other form of tax), landline access fees, long distance charges, toll charges, interconnect charges, maritime service charges, operator assisted calls or charges, information charges, and dial up service vendor fees. You must provide us with an original Tax Exempt Document to be relieved of future charges for any such taxes (you cannot receive credit for any taxes already paid).
Agreement Term: The term of this agreement begins on the date Silver Star PCS activates your phone; then this contract shall continue until the expiration of the contract term. Upon completion of this contract, your service shall continue month by month. If a new service provider is requested (port number) you will terminate your service with Silver Star PCS and are responsible for any fees and charges associated with this contract.
Cancellation Fee: Your service contract may carry a minimum term. If you cancel your contract before the minimum term has expired, you must pay Silver Star PCS a cancellation fee of $175.00 which is due at the time your service is terminated. Customers (whose service is cancelled) are responsible for the payment of all outstanding charges including those for which they have not yet been billed. The monthly service charges are nonrefundable if service is terminated prior to the end of a billing cycle.
Security Deposits:Silver Star PCS, at its discretion, may require you to make an initial and, if necessary additional, security deposit to be held as guarantee of your payment of future charges while this contract is in effect. Each security deposit may be held by Silver Star PCS in an account which may hold other funds of Silver Star PCS. Security deposits will be held for the term of this contract or 12 months of continuous good payment history and no disconnects for non pay or NSF checks. Interest shall be paid to you upon return of any security deposit. Each security deposit may be applied by Silver Star PCS to any amount you owe at any time. Silver Star PCS may return any security deposit in excess of $10 or other amount due to you by mailing it to your address appearing in Silver Star PCS' records. If you do not cash a returned payment within ninety days after being sent, then the amount shall be treated as forfeited by you.
Limitations on Your Usage: You may not use your cellular phone or device for any unlawful purpose, such as aiding or committing a crime or making an obscene or harassing phone call. For your own safety, and the safety of others, do not place a cellular call while you are driving and the vehicle is in motion. Do not use your cellular phone or device in any circumstance that would increase the risk of an accident or other hazard. Turn off power to your cellular phone or device when you are in an airplane, or in an explosive atmosphere, or near flammable vapors, or in the vicinity of blasting caps, explosives or blasting operations. You may not transmit a signal that may harm our system. While it is difficult and illegal for unauthorized persons to intercept conversations carried on Silver Star PCS' system or the wire line network, the privacy of your conversations cannot be guaranteed. If you are concerned about privacy, there are devices you can purchase for your cellular and regular phones, which will scramble your conversations electronically, making them more difficult for unauthorized persons to overhear.
Rate or Phone Number Changes: Silver Star PCS reserves the right to change any of its rates or terms of service, even if this contract has not expired or terminated and even if a prepayment has been made. If a change is ever made which would increase your cost, you will be provided at least thirty (30) days advance written notice of the change. If you do not agree to a change which increases your cost, then you will be permitted to change your rate plan to any other plan offered by Silver Star PCS (without charge for the plan change). If you cancel under these circumstances, you must give prior written notice cancellation to Silver Star PCS. If you have given a cancellation notice but the increase is revoked by Silver Star PCS prior to the date that the increase is to take effect, then this contract shall continue in force. Silver Star PCS also reserves the right to change each phone number assigned to you on its system.
Disputed Charges: If you dispute any charge appearing on your bill, you should call or write Customer Service at Silver Star PCS prior to the due date on your bill to resolve your question. If you and Silver Star PCS continue to disagree, then the disputed amount shall remain due, and if it is not paid when due, it shall be considered delinquent.
Delinquent Accounts: If you do not pay your bill by the due date on the invoice, your account will be delinquent. Each delinquent account shall be subject to a late payment fee equal to one and a half percent (1.5%) of your entire balance due to Silver Star PCS, including previously accrued late payment fees for each month or fraction of a month that the account is delinquent. Each delinquent account is also subject to suspension or termination of service without advance notice.
Suspension: Silver Star PCS may suspend or discontinue service to you immediately without notice to you if your bill is not paid on time, or if you become insolvent or are subject to bankruptcy proceedings, or if you violate any term of this contract. You may also be subject to a reactivation charge of $35.00 if your service is restored after suspension or discontinuance.
Collection Cost: If Silver Star PCS engages a collection agency or lawyer to collect your bill or to enforce this contract, or if any lawsuit or other proceeding is commenced to do so, then you shall also pay for all resulting fees and expenses incurred by Silver Star PCS, including collection agency fees, reasonable attorney's fees (including those on appeal), litigation and appeal expenses, and court costs. Any returned payment will be subject to the maximum penalties allowed by state law. This payment is in addition to the amounts you owe on your bill.
SILVER STAR PCS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ITS SERVICE OR ANY CELLULAR PHONE OR DEVICE USED ON SILVER STAR PCS NETWORK OR ANY THIRD PARTY NETWORK, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES OF THIS NATURE ARE EXPRESSLY EXCLUDED. SILVER STAR PCS' LIABILITY IS ALSO LIMITED BY THE FOLLOWING FOUR PARAGRAPHS.
Limitation of Liability to Credits: Silver Star PCS makes no representations that the network will be error free, uninterrupted, or free from any unauthorized access. Silver Star PCS will not be liable for signal loss for less than 24 continuous hours. Except for the credits described in the next paragraph, Silver Star PCS shall not be responsible or liable to you or to any other person or entity for any problem with the service provided (meaning any mistake, omission, interruption, delay, error, defect, denial, lack of privacy, or other failure). Under no circumstances shall Silver Star PCS be responsible or liable to you or to any other person or entity for any other damage, loss or expense arising from the problem or from your equipment, including but not limited to any loss of opportunity or profit, or any special, incidental, or consequential damages.
Determining the Credit: If a communication is attempted but fails or is unintelligible as a result of a problem with Silver Star PCS' service, or if Silver Star PCS' service is unavailable for an extended period of 24 or more consecutive hours as a result of the service problem, and if you are subsequently billed by Silver Star PCS for the attempted communication or for access during the extended period of unavailability, then you may contact Customer Service at Silver Star PCS before the due date on your bill and explain the problem, and if Silver Star PCS agrees, it will cancel or reduce the charge, if any, actually billed to you under your rate plan for attempted communications or for access during the extended period of unavailability. NO charge will be cancelled or reduced if the occurrence of the problem cannot be independently verified from Silver Star PCS' records of your calls or its other records.
Other Liability Limitations: Silver Star PCS shall not be responsible or liable to you or to any other person or entity for any act or omission of any person or entity other than Silver Star PCS, or due to any cause beyond the control of Silver Star PCS, including but not limited to, acts or omissions of other communications carriers equipment manufacturers, lack of security, government actions or inaction, license restrictions, court orders, equipment failures, modifications, capacity limitations, vandalism, theft, criminal acts, terrorism, war, or accidents. Any liability of Silver Star PCS to you shall be limited to Silver Star PCS itself and shall not entitle you to any legal recourse against any owner, manager, employee of Silver Star PCS, or any person representing Silver Star PCS. Silver Star PCS will be responsible or liable to you only for up to 2 months of your average rate plan cost.
Binding Arbitration: Any dispute or claim arising out of or relating to this Agreement or to any product or service provided in connection with this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), will be resolved by binding arbitration under the rules and procedures of the American Arbitration Association, except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Waiver of Punitive Damage Claims and Class Actions: By this agreement to arbitrate set forth above, both you and we are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any rights to pursue any claims on a class or consolidated basis or in a representative capacity.
Indemnification: In the event that any personal injury, property damage, distress, harassment, defamation, copyright infringement, contract breach or other harm is caused by you or any other person or entity while using your cellular phone or device, or if you fail to perform this contract or to act in accordance with any of its provisions, then you shall pay for and protect Silver Star PCS against every resulting claim, suit, action, loss, expense, or liability, including attorney's fees and litigation expenses (including those on appeal). Your obligations in this regard shall survive the expiration or termination of this contract and your protection of Silver Star PCS under this paragraph shall also extend to Silver Star PCS' owners, managers, employees, agents. The use of cellular devices while operating a motor vehicle may be prohibited by law. It is your responsibility to obey all laws and you will indemnify Silver Star PCS of such use.
General Matters: Silver Star PCS may assign its rights, obligations and liabilities under this contract without notice to you. You may assign your rights, obligations and liabilities under this Contract only with Silver Star PCS' prior written consent. Subject to this restriction, this contract shall be binding on your heirs, representatives, and permitted assigns or successors in interest, if any. All notices required under this contract must be in writing. Each notice to you shall be effective the day after Silver Star PCS deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with Silver Star PCS' records of your account. Notices to Silver Star PCS shall be effective only when actually delivered to an authorized employee of Silver Star PCS at its headquarters address. The laws of the state in which the cellular service was initiated shall govern this contract. If any provision of this contract is held to be unenforceable or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the minimum extent necessary to make the provision enforceable and legally valid and the remaining provisions of this contract shall continue in effect. This contract may not be modified unless the modification is in writing signed by you and an authorized employee of Silver Star PCS. Any failure by Silver Star PCS to insist on strict performance of any of your obligations under this contract will not be a waiver and shall not affect Silver Star PCS' right to insist later on strict performance of your obligations. If any prior statement, communication or agreement with you that was made on behalf of Silver Star PCS that is inconsistent with this contract, then this contract shall control and take precedence.
Silver Star PCS may send you notices by mail or electronic means, including bill stuffers, inserts, or text messages to your handsets, at its discretion.
50 States and the Mountain West Plus Plans Note: Silver Star PCS reserves the right to terminate your agreement if more than 50% of your total minutes are not used on the Silver Star Network. This contract constitutes the entire agreement between you and Silver Star PCS regarding your service, but may be amended at any time by Silver Star PCS, in its sole discretion, as stated above.
