Wireless Terms and Conditions

Chariton Valley Wireless

Agreement for Service: Terms and Conditions

 

Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services (“CVW”), an indirect wholly owned subsidiary of Chariton Valley Communications Corp. (“Chariton Valley”), agrees to provide service to you on the following terms and conditions (“Agreement”).

 

These Terms and Conditions along with all Chariton Valley policies, including the Acceptable Use Policy, set forth Customer’s obligations, CVW’s obligations, and the rules Customer must follow when using CVW data service.

 

CVW exercises no control whatsoever over the content of the information passing through its network, nor makes any warranties of any kind, whether express or implied, for the service it is providing, or merchantability or fitness for a particular purpose. CVW is not responsible for any damage you may suffer, including loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via CVW’s network is at your own risk. CVW specifically denies any responsibility for the accuracy or quality of information through its services. The CVW network may only be used for lawful purposes. As such, CVW reserves the right to, from time to time, monitor customer activity. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless CVW from any claims resulting from your use of the service or the use of the service by any of your customers or others throughout your chain of distribution, including end users, which damage another party. CVW will delete email accounts that have been inactive for at least 45 days.

 

You may not assign or otherwise transfer this Agreement or any equipment provided by CVW for the service, or your rights or obligations under the Agreement, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Missouri applicable to contracts to be performed entirely within the State except as otherwise expressly provided in this Agreement. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Your acceptance of the service indicates your agreement to comply with this Agreement, the specific terms of your service plan (including the plan’s duration and any applicable early termination fee), and related policies regarding your use of the service. You agree with and are deemed to have accepted this Agreement upon the earlier of: (a) submission of your order for service; (b) your accepting the terms and conditions of this Agreement electronically; or (c) your use of the service.

CVW reserves the right to adjust prices of the packages and or services with a 30-day notice.

 

The customer may be billed in advance for service and installation fees, if applicable, from the time service is activated. At any time, CVW may require you to make a suitable deposit to be held by CVW. A customer’s deposit may be applied to the customer’s account upon 12 consecutive months of timely and full payments. Customers will be charged a $30.00 return item fee for all payments that are returned. A disconnected service will be reconnected when the past due balance and reconnect fees have been paid in full. For failure to comply with your commitments contained herein, or with any term of the agreements under which you are receiving service from us, you understand and agree we may do any combination of the following: (1) terminate your right to receive services from us or our affiliates; (2) bring legal or other action for any amounts due to us hereunder. If CVW obtains the services of a collection agency or an attorney to assist CVW in remedying your breach of this Agreement, including but not limited to, the non-payment of charges hereunder, this expense will be paid by you. (You agree that this provision is not a waiver by the company of any rights or remedies which it has available to it for your breach of this Agreement.) You agree that to service your account or to collect any amounts you may owe, we may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails, using any email address or wireless telephone number that you provide us. Methods of contact may include pre-recorded or artificial voice messages and/or the use of an automatic dialing device.

 

All past due accounts which are deemed uncollectible will be turned over to a collection agency with full authority to make payment demands for CVW. All costs of collection will be added to the customer’s past due account and will be paid by the customer. This may include court costs, reasonable attorney fees, and a reasonable collection agency fee of 35% of the amount of the past due account for accounts that are turned over to a collection agency. All such rights and remedies are cumulative and shall not be deemed exclusive. A Service Order Fee and/or a Connection fee may apply.  Price does not include taxes and regulatory fees.

 

Coverage Map/Service Availability/Access/Coverage: The map shows an approximation of service coverage. Actual coverage may vary. Service may be interrupted or limited due to weather, terrain, customer equipment or network limitations. Coverage indoors may also vary. CVW does not guarantee coverage or availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between CVW, EDGE/GPRS/1X/EVDO/LTE. CVW download speeds vary. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. LTE is a trademark of ETSI.

 

General Terms: You are required to (1) use a device programmed with CVW’s preferred roaming database; and (2) have a mailing address and live in CVW owned network coverage area (CVW owned network consist of (Audrain, Chariton, Macon, Marion, Monroe, Linn, Ralls, Randolph, Pike, Shelby) counties. Not all features are available with all devices. Services may not be available in all areas. $1.99 Regulatory Cost Recovery Fee applies; this is not a tax or government required charge. All other charges apply

 

Service Guarantee: CVW offers a fifteen (15) day service guarantee where you may return the wireless device to us in good condition. Wireless device must be returned with original packaging, battery, accessories and instruction manuals. $30.00 restocking fee may apply.

 

CVW Device Financing Program: “Retail Installment Pricing” RESPONSIBLE PARTY.  As used herein, “you” or “Buyer” means an individual or a business entity that is the customer of record.  If you are an individual signing on behalf of an entity, you represent that you are authorized to sign on its behalf and, if it is determined that you are not so authorized, you understand and agree to be personally responsible for and guarantee payment of any sums that become due under this Agreement.

 

SALES TAX.  Depending on the Device, you may be required to pay all applicable sales tax or similar taxes, fees or surcharges on the Device at time of purchase rather than financing these items.

 

PAYMENTS.  Payments of the Monthly Device Charge are due as stated in the payment schedule disclosed above on the day that payment for your wireless service is due under the Terms and Conditions of your wireless service or, if applicable, your business agreement (the “Service Agreement”).  The Monthly Device Charge will appear on your monthly bill that you receive for service under your applicable service agreement with CVW for wireless voice and/or data service for the Device (the “Service Agreement”).  Payments that you make will be applied first to outstanding balances due under your Service Agreement, then to balances due under this Agreement, with any excess credited toward your next month’s wireless service.  Once you have made all payments due under this Agreement, the Monthly Device Charge will no longer appear on your bill.

 

LATE CHARGES.  Any payment not paid within ten days of when due, will be assessed a late charge of up to a maximum of ten dollars.

 

PREPAYMENT.  You may make early payments or you may pay the total amount due under this Agreement, without penalty, at any time before the final scheduled payment is due.

 

BUYER ELIGIBILITY.  Retail Installment financing pursuant to this Agreement is available only to: (1) existing CVW consumer customers with a history of timely payments for at least six (6) months prior to entering into this Agreement; or, (2) new consumer customers with an acceptable credit history pursuant to CVW policies, as such policies may change from time-to-time.  Retail Installment financing is available only to customers who select postpaid plans from CVW.

 

ELIGIBLE DEVICES.  All wireless handsets and devices may not be eligible for purchase through this Agreement.  For a list of eligible devices, please contact CVW.

 

DEVICE FINANCING LIMIT PER ACCOUNT.  You may finance up to five (5) devices for each post-paid, consumer wireless account.

 

VERGE UPGRADE FOR QUALIFYING DEVICES.  For certain qualifying devices, if your wireless account is in good standing and you have made a minimum of fourteen (14) monthly installment payments, you may trade-in your qualifying Device and purchase of a new eligible device (under a qualifying post-paid wireless plan).  Customer agrees to participate in CVW’s Device Recovery Program. Devices are only eligible for trade-in if they are fully functioning and in good physical condition.  A Device may not be considered in good physical condition at CVW’s discretion for reasons including, but not limited to, liquid damage, chips, cracks, or broken screen or body damage.  After upgrade, any remaining unbilled installment payments under this Agreement are waived.  If a Device is not fully functioning and is not in good physical condition, Buyer remains responsible for the remaining installment payments under this Agreement.  For a list of devices that qualify for upgrade, please contact CVW.

 

30 Month Financing Agreement:  For devices that customer agrees to finance for 30 months.  Customers who elect this financing agreement are not eligible for Verge upgrade eligibility.  If service is canceled, remaining installment agreement balance is due.  For devices that entered agreement during promotional period, are pursuant to policy as well.  For Smartphones and Basic Phones, the full amount remaining on the Retail Installment Contract must be paid at the time of cancellation.

 

BOGO Promotional Agreement: Free device requires new line on CVW Individual or shared data plan.  If service is cancelled, remaining installment agreement balance is due, pursuant to non-promotional device balance.  If devices are not similar retail installment price of promotional device/ 30 months will be calculated.  Credit for months of service will be applied against the 30 months to calculate full amount remaining, subject to any other fees or services.  Limited time offer.  Limitations and exclusions apply.  Requires paperless billing to be placed on account.

 

10GB Individual Plan: New Retail Installment Contract and Device Protection+ required. Credit approval also required. Additional fees (including Device Connection Charges), taxes, terms, conditions and coverage areas apply and may vary by plan, service and phone. Offers valid at participating locations only and cannot be combined. Enrollment in a Device Protection Plan is required for this promotion. The minimum monthly price for Device Protection varies by smartphone model. A service fee/deductible per approved claim applies. You may cancel Device Protection anytime.  Limitations and exclusions apply. For more information on Device Protection please contact a wireless sales consultant.

2GB of Bonus Data Promotion: Purchase an iPad to a new activation on a qualifying Shared Data Plan 12 GB or higher, and receive 2 GB of data free for the first 24 months of service.    Retail Installment Contract for installment pricing required. Credit approval also required. Additional fees (including Device Connection Charges), taxes, terms, conditions and coverage areas may apply and may vary by plan, service and phone. The additional 2 GB does not add to rolling data. Customers will use their normal rate plan first, then their rolling data, and finally the additional 2 GB. Offers valid at participating locations only and cannot be combined. See store details. Limited time offer. Trademarks and trade names are the property of their respective owners.

 

DEVICE RECOVERY PROGRAM.  “You”, the Customer, are entering into a binding agreement (“Agreement”) with Chariton Valley Wireless (CVW) to sell Your Device(s) (collectively “Device”) via CVW’s Device Recovery Program, and You:

  1. Represent and warrant that You are free to enter into this Agreement.
  2. Represent and warrant that You have sole ownership rights in and to the Device and that the Device is not stolen property.
  3. Acknowledge and understand that You are selling the Device in consideration for the Offer Price and that by accepting the Offer Price, You are giving up full ownership rights to the Device.
  4. Acknowledge and understand that You are responsible for the removal of all personal information, passwords or user locks before surrendering the Device.
  5. Acknowledge and understand that the sale of Your Device is final, non-refundable, and non-returnable (unless otherwise required by law).
  6. Acknowledge and understand that You are responsible for deactivating the Device, retiring any outstanding balances, and that any service charges on the Device following the transaction date are Your sole responsibility.
  7. Acknowledge and understand that information You provide in connection with the sale of Your Device, including your name, address, telephone number, e-mail address, and Serial number may be shared between Chariton Valley Wireless (CVW) solely in connection with the sale of Your Device.
  8. Acknowledge that You have been advised of any return policy regarding the purchase of a new Device, equipment or accessory.
  9. Acknowledge and understand that if you choose to not surrender Your Device at a Chariton Valley Wireless (CVW) agent/retail store that adjustments will be made to the proposed Offer Price. .
  10. By surrendering Your Device, You are accepting the Offer Price and agreeing to the Chariton Valley Wireless (CVW) Terms of Service

 

RISK OF LOSS: DEVICE PROTECTION.  You bear the entire risk of loss, theft, or damage to the Device from any cause during the entire term of this Agreement.  Even if the Device is lost, stolen, or damaged, you remain obligated for any outstanding payments due under this Agreement.  We recommend that you obtain device protection on the Device.  You may obtain this property coverage from anyone you want and Chariton Valley Wireless (CVW) also offers device protection coverage.  Please contact CVW for information about device protection.

Device Protection: You are not required to purchase device protection against the loss or theft of the device or an extended warranty contract (“Device Protection”) as a condition to receiving credit. You may obtain property insurance and extended warranty coverage from anyone you want.

Wireless Service: You are required to obtain voice, messaging or data wireless service (“Wireless Service”) from CVW at the time you enter into Contract in order to obtain retail installment pricing under this Contract. We may include the charges you owe under the Contract on the bills you receive for the Wireless Service. Other terms and conditions for Wireless Service will apply. If you purchase a tablet device, you may terminate your Wireless Service agreement after the first month of Wireless Service without an early termination fee. If you purchase a handset device, you are required to maintain Wireless Service during the term of the Contract.

Activation Fees: $30 Activation Fee for each new line may apply. Activation Fee not refunded if customer disconnects during the fifteen (15) day service guarantee and customer is responsible for all usage during fifteen (15) day service guarantee. Customers who purchase a handset or tablet device without a wireless contract will pay $30 Activation Fee each time they choose to activate a handset or tablet device on the CVW network.

 

Minute Increment Billing and Usage: Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. CVW charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer incurs airtime. You may obtain usage information by calling customer service or signing up for online ebill.

 

Pricing/Taxes/Proration: Final month’s charges will be prorated. Prices are subject to change. Prices do not include taxes.

 

Call Directory Assistance: By dialing 411 (Calls may be listed as 877-332-5908 or 866-494-5497 on your monthly billing statement) from your wireless phone, to get the phone numbers of the people and businesses you need. In addition to the Directory Assistance charge, airtime and toll charges may apply if auto call completion is used.

 

Rate Plans: Smartphone and Feature Phone plans are limited to 10 devices. You may finance up to five (5) devices for each post-paid, consumer wireless account. Small Business includes 10+ devices with Federal Tax ID. Smartphones and Mi-Fi/Tablet or Routers require subscription to Shared Data Plan.

 

Unlimited Voice Services: Unlimited voice services are provided primarily for live dialogue between two individuals. If your use of unlimited voice services for conference calling or call forwarding exceeds 1000 minutes per month, CVW may, at its option, terminate your service or change your plan to one with no unlimited usage components. Unlimited voice services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialogue between two individuals. If CVW finds that you are using an unlimited voice service offering for other than live dialogue, CVW may, at its option, terminate your service or change your plan to one with no unlimited usage components. CVW will provide notice that it intends to take any of the above actions, and you may terminate the agreement.

 

Roaming: CVW owned network coverage area (CVW owned network consist of (Audrain, Chariton, Macon, Marion, Monroe, Linn, Ralls, Randolph, Pike, Shelby) counties Roaming charges for voice, messaging or data service may be charged with some plans when outside CVW owned network. Display on your device may or may not indicate whether you are roaming. Services originated or received while outside your plan’s included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. If your voice, messaging or data service usage during any three consecutive months occur off network. CVW may, at its discretion, terminate your service, deny your continued use of other carriers’ coverage, or change your plan to one imposing usage charges for off network usage. CVW reserves the right to terminate your service if more than 50% of your overall minutes in three consecutive billing cycles are used off CVW network. CVW will provide notice that it intends to take any of the above actions, and you may terminate the agreement.

 

Voicemail: Calls to your voicemail service, including calls where the caller does not leave a message because the call has been completed, calls to listen to, send, reply to, or forward messages, or to perform other activities with your voicemail service, including calls forwarded from other phones to your voicemail service. You are solely responsible for establishing and maintaining security passwords to protect against unauthorized use of your voicemail service. We reserve the right to change the number of voicemails you can store, the length you can store those messages, and other voicemail features. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.

 

Unlimited Home Phone: This service is available in CVW owned network coverage area. This service is not available in Chariton Valley Telephone or Chariton Valley Telecom landline service area. Unlimited Phone is not available to businesses.

 

Financial Services:  At any time, CVW may require you to make a suitable deposit to be held by CVW. Customers will be charged a $30.00 return item fee for all payments that are returned. A disconnected service will be reconnected when the past due balance and reconnect fees have been paid in full. To resume service, all past due payments for the Lifeline and Deferred Payment Agreement are to be paid, as well as a $20.00 re-connect fee. Failure to comply with your commitments contained herein, or with any term of the agreements under which you are receiving service from us, you understand and agree we may do any combination of the following: (1) terminate your right to receive services from us or our affiliates; and / or (2) bring legal or other action for any amounts due to us hereunder (including reasonable attorney’s fees and other cost of collection), as well as liquidated damages as set forth below. If CVW obtains the services of a collection agency or an attorney to assist CVW in remedying your breach of this agreement including but not limited to the non-payment of charges hereunder, this expense will be paid by you. You agree that this provision is not a waiver by the company of any rights or remedies which it has available to if for breach of this agreement. All such rights and remedies are cumulative and shall not be deemed exclusive.

 

Device Protection: Device Protection: Customers have 30 days from the date of activation or upgrade to enroll and device must be damage free. Device Protection is available at participating CVW agent/retail locations. Standard Device Protection is $6/month, Premium Plus Device Protection is $10/month. Deductible: Standard Device Protection Deductible is $79 per claim, Premium Plus Device Protection Deductible $199 per claim. Limits: 1 claim per 12 months, maximum replacement value of $1000/per claim. Replacements may be refurbished or of a different model. Cancel at any time for a prorated refund of the monthly charge.

 

AppleCare+ Protection Plan: If you purchased the AppleCare+ Protection Plan (Plan) pursuant to the option to pay by a monthly recurring charge, you hereby appoint Chariton Valley Wireless as your agent and authorize Chariton Valley Wireless to act on your behalf to cancel, receive refund payments and modify your AppleCare + contract with Apple upon (1) your cancellation of the Plan; (2) Non-payment of your applicable monthly recurring charge; or (3) Termination of service pursuant to the terms of this agreement.

 

Hearing Aid Compatible (HAC): These phones has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult Chariton Valley Wireless or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult Chariton Valley Wireless or visit http://www.cv4g.com/2012-07-16-14-32-05/hearing-aid-compatible for additional details.

 

WIRELESS DATA SERVICE TERMS AND CONDITIONS (applies to all customers)

 

  1. GENERAL TERMS AND CONDITIONS APPLICABLE TO CVW’S DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH WIRELESS DATA SERVICES AND WIRELESS CONTENT.

CVW provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content and applications (“Services”). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device. A pricing plan designated for one type of device may not be used with another device. Some devices or plans may require you to subscribe to both a voice and a data plan. If CVW determines that you are not subscribed to the required plan(s), CVW reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fee. The Services may be subject to credit approval. An activation fee of up to $30 may apply to each new data line. Compatible data-enabled wireless device required.

 

Usage/Billing: Usage and monthly fees will be billed as specified in your rate plan brochure, customer service summary, or rate plan information online. DATA TRANSPORT IS CALCULATED IN FULL-KILOBYTE (“KB”) INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL KB INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. TRANSPORT IS BILLED EITHER BY THE KB OR MEGABYTE (“MB”). IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE BILLING. IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED TO DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL-MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to download; email, overhead and software update checks. Prices included use apply to EDGE/GPRS/1X/EVDO/LTE and data access and use on CVW network and its affiliated partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Usage on networks not owned by CVW is limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. Data access requires a compatible, eligible device. Unless otherwise specified, overage is billed either by the KB or MB. Service charges paid in advance for monthly or annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service. Customer can sign up for CVW’s BillNet that will show unbilled usage each month. See https://billnet.cvalley.net/eaccount/login for details.

 

Additional Data Charges: Pay-Per-Use Charges (overage or non-plan pricing): Additional Data Charges: Pay-Per-Use Charges (overage or non-plan pricing): Shared Data 500 MB is $.03/ MB and $15/GB on other Shared Data Plans. Home Wireless Internet Data overage is $5/GB.

 

4G LTE High Speed Wireless Residential/Business Internet (CVW’s Lower 700 Network): 4G LTE High Speed Wireless Internet on CVW’s Lower 700 Network includes usage allowance of up to 250 Gigabytes per monthly billing period when customer selects the $80/mo. internet plan. Excess usage will result in additional charges of $.20/GB used. For example, if usage exceeded the allowance by 51 Gigabytes, the additional charge would be $11. Usage allowances are subject to change at any time.

Voice: Use of voice calls without a qualified voice plan will result in the default rate for voice calls will apply: 25¢ per minute on the CVW network; 59¢ per minute for domestic roaming off CVW network (rates are subject to change without notice). Additional taxes and surcharges may apply.

 

  1. ADDITIONAL TERMS FOR SPECIFIC WIRELESS DATA SERVICES

 

Text, Instant Messaging and Picture/Video Messaging: By using Text messaging you agree to be bound by all terms and conditions Picture Messaging not available in all areas. You may be charged for picture messages sent or received from your phone, even if not delivered to the intended recipient due to system or compatibility issues. CVW is not responsible for content of pictures. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. CVW does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 7 days will be deleted. CVW reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or -mail. CVW reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging.

 

Ringtones/Graphics/Games/Alerts: Actual ringtone, graphics, and games may vary based on the handset capabilities. Ringtones, graphics, and games and alerts may be delivered in multiple messages. Ringtone, graphic, and games charges are incurred at the stated one-time download rate or subscription rate, plus a kilobyte charge for the content transport when delivered. You will be charged each time you download ringtones, graphics, and games. Usage charges apply to play multi-user games against other wireless users or the server.

 

Location and Location Based Services

While roaming off of the CVW network, functionality and accuracy will vary and may yield highly inaccurate results or no results at all. Location Based Services available on select devices and feature packs. Location data may not be available to third-party applications.

CVW knows the general location of your phone or wireless device whenever it is turned on.  This is necessary for routing of incoming calls, delivering wireless content and properly billing your service.  It is also necessary for providing enhanced emergency 9-1-1 service to public safety answering points or emergency medical service providers who have installed the necessary equipment to use location information.  In addition, we may disclose location information to a governmental entity or law enforcement authority when served with lawful process or reasonably believe there is an emergency that involves the risk of death or serious physical harm. CVW follows the CTIA’s Best Practices Guidelines for Location Based Services, which can be found at http://www.ctia.org

 

Shared Mobile Data Plans: Customers may share the data with up to 10 devices. Shared Mobile Data Plans may ONLY be used with CVW certified devices and Laptop Data Cards for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). On Shared Mobile Data Plans with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information (generally per Kb for any data used or a fee for additional MB allowances to be used during the month). All data allowances must be used in the billing period in which the allowance is provided. We may, at our discretion, suspend your account if we believe your data usage is excessive, unusual or is better suited to another rate plan. Shared Rolling Data on applicable plans will be applied after the Normal Rate Plan is used first, so previous months unused balance will be applied second.  After Normal Rate Plan amount is exhausted you automatically start using your Rolling Data allowance for your Mobile Shared data plan in the current cycle. If all Mobile Shared data plan allowance and Rolling Data are used, an additional allotment of overage data is automatically charged to your account.

 

Mobile Email: Requires email account with compatible Internet service provider and a downloaded or preloaded email application for the wireless device. Access and use of Mobile Email is billed by total volume of data sent and received (in kilobytes). Wireless data usage charges will apply for downloading the application and any upgrades.

 

911 Dialing Customer Notice and Acknowledgement

THIS AGREEMENT IS A MATERIAL PART OF ANY AGREEMENT OR UNDERSTANDING BETWEEN MISSOURI RSA 5 PARTNERSHIP D/B/A CHARITON VALLEY WIRELESS SERVICES (“CHARITON VALLEY”) AND YOU AS THE CUSTOMER (“CUSTOMER”) FOR THE PROVISION OF WIRELESS VOICE SERVICES.  IN UTILIZING SUCH SERVICES, CUSTOMER AGREES THAT IT FULLY UNDERSTANDS AND AGREES WITH THE LIMITATIONS AND DISCLAIMERS EXPLAINED BELOW.

 

Wireless 911 Calling: The 911 service provided utilizing Chariton Valley Home Phone (the “Service”) is different than traditional wireline 911 services.  Carefully read this Notice explaining how 911 dialing using the Service are different from traditional 911 services.  If you have any questions or concerns about the information contained in this Notice, or if you do not understand anything discussed in this Notice, please contact our Customer Care Representatives at 660-395-9000. With traditional wireline Enhanced 911 services (“E911”), when you dial 911, your telephone number and service address (your home or business address) is automatically sent to the local emergency answering center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.

Wireless 911 calling is different.  In areas with Phase I E911 calling, your location is not automatically sent to the emergency answering center.  You must be prepared to give the emergency operator your location.  In areas with Phase II E911, the geographic coordinates of your location are automatically sent to the emergency answering center, but your service address (i.e., your street address) is not automatically sent.  Specifically, the Service determines your location via a Global Positioning System (“GPS”) receiver built into the Chariton Valley base unit Axesstel TX240G (the “Unit”).  When you call 911, the Unit sends the geographic coordinates of the Unit to the emergency answering center.  You should be prepared, however, to give the emergency operator your street address and exact location (such as suite or apartment number).

 

  1. You Must Attach the GPS Antenna and Place the Unit Near a Window.The accuracy of GPS varies depending on a number of factors.  A GPS receiver needs to “see” orbiting satellites in order to get an accurate location.  In general, GPS does not obtain as accurate a location reading indoors as it does outdoors.  Accordingly, in order for the Unit to provide as accurate coordinates as possible to the emergency answering center, you must attach the external GPS antenna supplied with the Unit and place the Unit and GPS antenna near a window or exterior wall.  Failure to attach the GPS antenna, or to placing the Unit near a window or exterior wall, may result in no location, or an inaccurate location being sent to the emergency answering center during a 911 call.  In this case, emergency services personnel may be sent to an incorrect location and/or may be unable to assist you in a timely manner or at all.

 

  1. Configuration and Activation Required.In order for 911 dialing to work, you must first configure and active the Unit and the Service.  Instructions on how to do this are provided with the materials accompanying the Unit.

 

  1. Service Outages Due to Power Failure or Disruption.The Unit comes with a back-up battery, which will allow the Service to function during power failures of short duration.  During a power failure for an extended period of time, however, 911 dialing services using the Service will not function.

 

  1. Customer Responsibility to Notify All Users.You agree to inform any guests, employees, visitors, and any third persons who may be present at the physical location where the Chariton Valley Service is provided and who may attempt to make 911 calls, of the important differences in and limitations of 911 dialing using the Service as compared with traditional 911 Service.

 

  1. Limitation of Liability and Disclaimers.CHARITON VALLEY DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS TO EMERGENCY SERVICES ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER.  CHARITON VALLEY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER, AND DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ALL THIRD PARTIES.

IN NO EVENT SHALL CHARITON VALLEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ANY USE OF (OR INABILITY TO USE) SERVICES, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 DIALING.

 

  1. Indemnification.YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD CHARITON VALLEY HARMLESS FROM ANY AND ALL CLAIMS, THREATENED CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, COSTS AND EXPERT WITNESS COSTS) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY, OR BY ANY OTHER PERSON OR ENTITY, RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF 911 DIALING, INCORRECTLY ROUTED E911 DIALING CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 DIALING OR ACCESS EMERGENCY SERVICE PERSONNEL.

 

INDEMNITY.  You are responsible for any and all liabilities, losses, or damages, whether imposed on you or Us, which are directly attributable to you or any of your acts or omissions during the time the Device is in your possession.  This provision shall survive the termination of this Agreement.  To the extent permitted by law, you will reimburse Us for any expenses We incur in connection with the defense of any claim or action you are responsible for under this Agreement.  This includes, but is not limited to, actual and reasonable attorney’s fees not to exceed fifteen percent (15%) of the amount of the loss, liability, or damage.

 

DEFAULT.  You will be in default of this Agreement if any one of the following events (referred to as an “event of default”) occurs: (a) you fail to make any required payment when due or within ten (10) days of the due date;  (b) you breach any covenant, representation, or warranty in this Agreement;  (c) you default in the performance of any other obligation in this Agreement and such default continues for ten (10) days after We provide you with written notice of the default;  (d) you are not eligible to finance a Device under this Agreement; or (e) you fail to maintain voice and/or data service (voice and data are both required for smartphone Devices) under a Service Agreement for the wireless Device covered by this Agreement, unless the Device is an iPad and you maintain another mobile service from Us that is billed on a monthly basis.

 

REMEDIES IN THE EVENT OF DEFAULT.  If you are in default of this Agreement and to the extent permitted by applicable law after We provide you notice and an opportunity to cure, We have the right to exercise any one or more of the following remedies:

  • Disable the Device’s wireless network connectivity capabilities;
  • Require you to immediately pay the sum of the remaining unpaid Amount Financed; and
  • Require you to pay Chariton Valley attorney fees and court cost fees if We file a suit for collection.

 

ASSIGNMENT.  CVW may, without your consent and without notice to you, assign this Agreement.  You may not assign this Agreement or any interest in this Agreement without CVW’s prior written consent.

 

GOVERNING LAW.  The law of the state of Missouri shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law.

 

ENGLISH LANGUAGE.  The original version of this Agreement is in the English language.  Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

 

DISCLAIMER OF WARRANTIES/RETURN POLICY.  CVW makes no warranties of any kind, statutory, express or implied on the Device, and there will be no implied warranties of merchantability or of fitness for a particular purpose.  CVW has a limited return policy.  For information about our return policy and manufacturer’s warranties, please contact CVW’s customer service department or ask a sales representative for details.

 

NOTICE TO THE BUYER:

 

(1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.

(2) YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN.

(3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES TO OBTAIN A PARTIAL REFUND OF THE TIME CHARGE.

 

My signature authorizes the release of credit information to CVW and the information I provided is true and correct. By signing I agree to the above terms and conditions of this Agreement.

 

Changes to the Terms of Service: CVW reserves the right change Terms of Service at any time. CVW will post the most current version at https://www.cvalley.net/legal-information/

 

Revised 4/1/2021

 

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