This Agreement is Subject to the following Terms and Conditions
- Acceptance. This order constitutes an offer by the Subscriber to Company which will become binding upon Company when accepted in writing by Company and the banking negotiation or other use of any payment shall not constitute an acceptance hereby Company. It is agreed that sales are made only on the term and conditions herein. Company shall not be bound by term and conditions in Subscriber’s purchase order or elsewhere unless expressly agreed to in writing. In the absence of written acceptance by Subscriber, payments for purchases hereunder shall constitute an acceptance of these terms and conditions, by Subscriber.
- Telephone Access Numbers. The subscriber has no property right in the telephone access number. Company reserves the right to assign, designate or change such number when, in its sole discretion, such assignment, designation or change is reasonable in the conduct of its business.
- Availability of Cellular Service. Cellular subscriber service is provided by the underlying carrier solely and exclusively in accordance with the applicable tariff filed with the state public utilities commission (a copy of which is available to you upon request) if required by state law or regulation. Cellular subscriber is available to cellular radio units equipped for this service when within range of cell sited located in the relevant Cellular Geographic Service Area (CGSA) subject to limitations and interruptions as set forth in the carrier's tariff including, but not limited to, transmission limitations caused by atmospheric and like conditions.
Payment of Charges
- The Subscriber is responsible for payment of all charges for cellular services furnished including, but not limited to, all calls originated or received by Subscriber’s cellular radio units, as well as any other charges billed to the subscriber’s access number.
- Usage and tolls will be billed at the end of each billing period. Access charges and optional features will be billed monthly in advance of service. Additionally, Company may, in order to safeguard its interests, bill Subscriber in advance each month an amount equal to one month’s estimated charges for usage and tolls. Payments made in advance will be credited to the Subscriber’s account to the end of the billing period.
- Subscriber’s bill payment is due no later than the due date specified on the bill. Late payment may result in temporary or permanent disconnection of service.
- In the event the cellular radio units is lost or stolen, the subscriber shall immediately report such loss or theft to Company and the Subscriber is liable for all usage and toll charges originating from or received by Subscriber’s access number until such time as the loss or theft is reported to Company. Monthly charges continue until the service is terminated.
- When payment for services is made by check, draft or similar negotiable instrument, there will be a charge to Subscriber for each item returned to Company unpaid for any reason.
- The charges for a fractional part of a month will be a proportionate part of the monthly recurring charge based on the actual number of days the service is provided.
- Late fee will be assessed for late payments.
Responsibility of the Subscriber for the Cellular Radio Equipment.
- Company is not responsible under this agreement for the installation, operation, and quality of transmission or maintenance of Subscriber's cellular radio equipment.
- The subscriber must provide and maintain all cellular radio equipment and ensure that it is technically and operationally compatible with service and shall not interfere with cellular service and be in compliance with Federal Communication Commission, state or other governmental authority laws, rules and regulations.
- Company may require Subscriber to make a suitable deposit to be held by Company as a guarantee of the payment of charges, the amount and form will be determined at the sole discretion of Company.
- The fact that a deposit has been made does not relieve Subscriber from complying with Company's provisions on payment of bills on presentation and does not constitute a waiver or modification of Company’s rights to discontinue cellular service for nonpayment of any sums due Company.
- When cellular service is terminated, the amount of deposit will be credited to the Subscriber’s final bill and any credit balance will be refunded.
- Limitation of Liability. Subscriber expressly understands and agrees that the liability and obligation of DOCOMO PACIFIC to Subscriber under this agreement for cellular service is strictly controlled and limited by the underlying carrier's tariff and laws, rules and regulations of the Federal Communications Commission and other governmental authorities which may from time to time have jurisdiction. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FROM BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN PART OR OTHERWISE, SUBSCRIBER’S EXCLUSIVE REMEDY IS LIMITED TO PAYMENTS BY COMPANY OF DAMAGES. BUT NOT TO EXCEED 10% OF THE CHARGES PAID BY CUSTOMER OR $500.00, WHICHEVER IS LESS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. No action, regardless of form, arising out of the transactions hereunder may be brought by Subscriber more than one year after the cause of action has accrued.
- Disclaimer of Warranties. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RESPECTING THIS AGREEMENT AND THE SERVICE PROVIDED. NO WARRANTY IS MADE AS TO COVERAGE AVAILABILITY OR GRADE OF SERVICE.
- Waiver. The failure of company to insist on any one or more instances, upon the performance of any of the terms, covenants, or conditions herein or to exercise any right shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Subscriber with respect to such future performance shall continue in full force and effect.
- Indemnification. Unless caused by the negligence of Company, Subscriber shall indemnify and hold Company, its officers, employees and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, for libel slander, or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, including without limitation, for any personal injury or death arising in any way directly or indirectly in connection with this agreement or the use or liability to use the access telephone number. This indemnity shall survive the termination of this agreement.
- Excusable Delay and Failure to Perform. Company shall not be liable for any delay or failure to perform due to any cause beyond its control.
- Changes. The Subscriber agrees that Company may make any and all changes to the prices, charges and other term outlined in this agreement upon ten (10) days notice to Subscriber, or such longer period as required by applicable law.
Termination of Agreement by Subscriber or Company. Subscriber agrees to the terms of this service agreement as stated below.
- Subscriber may terminate this Agreement with no penalty within FOURTEEN (14) days of the Activation Date. Other charges, including usage charges and handset penalties may still apply.
- Subscriber may, at any time after 14 days, with or without cause, terminate this Agreement by notifying the Company in writing THIRTY (30) days in advance. The following penalty fee(s) will be applied accordingly:
- Penalty fee equal to 50% of the remaining contract value according to the MRC, as shown in this agreement and any addendum incorporated hereto or the current MRC at the time of termination, whichever is greater. Such penalty fee is calculated as the number of months remaining on this agreement and any subsequent extensions thereof, at the time of termination multiplied by the applicable MRC and then divided by two (2).
- If applicable, an equipment savings penalty equal to the amount of the total savings shown on the attached Equipment Schedule.
- Company may at the time, with or without cause, by notice in writing to the Subscriber, without incurring any liability to Subscriber, terminate this agreement and the furnishing of cellular service to Subscriber. Cellular service will not be discontinued for at least (7) seven days after giving notice or intention to discontinue cellular service.
- Termination by Subscriber or Company will not relieve Subscriber of its responsibility for payment of all outstanding charges.
- Disconnection of Cellular Service for Cause. If payment of any sum due to Company by Subscriber is not made on time or if Subscriber is any other way in default under this agreement or upon violation of any of the laws, rules and regulations as provided by other governmental authority governing the furnishing of cellular service, Company, at its sole discretion, without incurring any liability to Subscriber, has the right to immediately or temporarily disconnect or terminate the furnishing of cellular service to Subscriber and Company additionally has the right to exercise any other remedy existing at law or in equity. Subscriber will be charged a fee for reactivation of service.
- Company Expenses. Subscriber shall pay to Company all costs and expenses, including without limitation, reasonable attorney’s fees, and the fees of any collection agencies and court costs, incurred by Company in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions thereof.
- A) No modification by Subscriber shall be binding upon Company unless the modification is in writing and signed by a duly authorized representative of Company.
- B) If any provision of this agreement is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be deemed omitted to the extent so contrary, prohibited or invalid under applicable laws or regulations, such provision shall be given effect so far as possible.
- C) This document and the rights and duties of the parties shall be governed and interpreted according to the laws of the state in which the service is provided.
- D) No assignment or transfer in whole or in part of this agreement shall be binding upon Company without its express written consent.
- E) This agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors, administrators, legal representatives, heirs, and assigns, where permitted by this agreement.
- SUBSCRIBER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM, AND THAT THIS DOCUMENT WITH ITS ATTACHMENTS IS COMPLETE AND AN EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERCEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.
- Payments are due in full upon receipt of billing statement; non-receipt of billing statement(s) does not prevent your account from becoming due, payable and schedule for disconnection.
- If account is past due, payments should be made at the DOCOMO PACIFIC branches in Tamuning (Century Plaza), Micronesia Mall, Guam Premier Outlet and Agana Shopping Center. Payments are also accepted, for current accounts only, at Bank of Hawaii, Bank of Guam, First Hawaiian, and Personal Finance. DOCOMO PACIFIC locations subject to change.
- Customers are liable for all costs associated with past due bills to include but not limited to:
- Finance charge(s) assessed for all invoices not paid in full by the 25th of each month as follows:
- $10.00 for each cellular account, per contract
- $10.00 for each wireless internet account, per contract
- $2.00 for each paging account, per contract
- $10.00 for each consolidated account, per contract
- Return check fee of $35.00 per check
- Process Server fee of $30.00 per subscriber
- Court fees and other associated costs
Per contract refers to each subscriber agreement added/entered in fulfillment within the DOCOMO PACIFIC billing system----this would be used to segregate users and billing controlled by one account at the request of the account holder(s).
- Finance charge(s) assessed for all invoices not paid in full by the 25th of each month as follows:
- Payments made after "Due Date" will appear on your next billing statement.
- All billing inquiries and complaints should be directed personally to Customer Service Department, via telecom to Customer Care Department and/or the Accounts Receivable Department. Please note that balances will only be released to the account holder(s) or authorized agent(s) on a limited basis. Balances will be released to those paying on behalf of the account holder when visiting our DOCOMO PACIFIC cashiers.
- Customers are obligated to update credit card, mailing and contact information accordingly. Request for change of mailing address and/or contract information may be made in person with written authorization by account holder and/or via telecom. Account holder must authorize changes or updates to credit card information in person, mailed or via facsimile.
- Request for termination of service must be made at least 30 days prior or actual requested date by account holder for access credits to be refundable. Upon termination of service, security deposit/penalty fee (if applicable) will be transacted accordingly.
- All past due accounts, inclusive of those affected by returned checks and credit card recurring declinations, are subject to immediate disconnection without further notice.
- Services will be temporarily disconnected if payment(s) are not received within 45 days from the invoice date. A $25.00 reconnection fee will be charged per account ($40.00 for DSL accounts with or without additional services) for services that have been affected for this reason.
- Accounts with outstanding balances over 60 days will be permanently deactivated and security deposit/penalty fee (if applicable) will be transacted accordingly. If a credit card has been imprinted or authorized as a security deposit, the outstanding balance will be charged to the credit card at that given time.
- If all efforts to collect the outstanding balances have been exhausted, the account will be processed with a Notice Before Suit, Small Claims and/or forwarded to a collection agency accordingly. If the account is forwarded to a collection agency, a minimum of 33-1/3% collection fee will be charged to the account in addition to all other finance charges. Customer will also be reported to the Credit Bureau, which may affect his/her credit rating report.