- ACCEPTANCE. This order constitutes an offer by the Subscriber to DOCOMO PACIFIC, Inc. (hereinafter "DPAC") which will become binding upon Subscriber when accepted in writing by DPAC, and the banking, negotiation or other use of any payment shall not constitute an acceptance by DPAC. All sales are made only on the terms and conditions herein. DPAC shall not be bound by any other additional terms and conditions unless expressly agreed to in writing. In the absence of written acceptance by Subscriber, payments for purchases hereunder shall constitute Subscriber's acceptance of these terms and conditions.
- MODIFICATIONS. A) No modification by Subscriber shall be binding upon DPAC unless the modification is in writing and signed by a duly authorized DPAC representative. 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, and any and all remaining provisions shall remain in full force and effect. C) This Agreement and the rights and duties of the parties shall be governed and interpreted according to the laws of the jurisdiction in which the service is provided. D) No assignment or transfer in whole or in part of this Agreement shall be binding upon DPAC without its express written consent. E) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, administrators, legal representatives, heirs, and assigns, where permitted by this Agreement. SUBSCRIBER ACKNOWLEDGES READING AND UNDERSTANDING THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM, AND THAT THIS DOCUMENT WITH ITS ATTACHMENTS IS A COMPLETE AND AN EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.
- CPNI - Customer Proprietary Network Information. Subscribers acknowledge that DPAC will not provide personally identifiable information to a third party for the purpose of providing and provisioning Cellular or Digital Home Phone Service. We do not share these records with others, unless we receive a valid, lawfully issued request.
- PRIVACY ACT OF 1974. DPAC collects and maintains personally identifiable information concerning subscribers. This information is used solely for normal business purposes and to render services offered by DPAC. Federal Law prohibits DPAC from releasing all personally identifiable information, unless ordered to do so by court order.
- CREDIT CHECK. By applying for or using DPAC services, you’re giving us permission to obtain your credit information from consumer credit reporting agencies at any time and for any reason. We may refuse to provide Services or require an advance payment, a nonrefundable payment, or other form of credit requirement if we determine that you may be a credit risk due to (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection or restoral of service; or (4) fraudulent or abusive use of any DPAC Services within the last five years. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies.
- DEPOSITS. A) DPAC may require Subscriber to make a suitable deposit to be held by DPAC as a guarantee of the payment of charges, the amount and form will be determined at the sole discretion of DPAC. B) The fact that a deposit has been made does not relieve Subscriber of the obligation to comply with DPAC's provisions on payment of bills upon presentation and does not constitute a waiver or modification of DPAC's rights to discontinue service for nonpayment of any sums due to DPAC. C) When service is terminated, the amount of deposit, if any, will be applied to the Subscriber's final bill and any credit balance will be refunded.
- LIMITATION OF LIABILITY. Subscriber expressly understands and agrees that DPAC's liability and obligations under this Agreement for 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 DPAC OF DAMAGES. BUT NOT TO EXCEED 10% OF THE CHARGES PAID BY SUBSCRIBER OR $500.00, WHICHEVER IS LESS. IN NO EVENT SHALL DPAC BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS TO or OF SAVINGS OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF DPAC 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 (1) year after the cause of action has accrued, unless specifically authorized by law.
- 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 DPAC 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 deliberate act or gross negligence of DPAC, Subscriber shall indemnify and hold DPAC, 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. DPAC shall not be liable for any delay or failure to perform due to any cause beyond its control. If Subscriber's service is interrupted and not corrected within 24 hours after DPAC receives notice, we will credit Customer upon each 24-hour period of interrupted service upon request, provided that the Subscriber's account is (paid) current. DPAC employees will be given reasonable access to Subscriber's premises to install, inspect, maintain, repair, or disconnect service and/or equipment.
- CHANGES. The Subscriber agrees that DPAC, may make any and all changes to the prices, charges and other terms outlined in this agreement without notice to Subscriber, except as expressly required by applicable law. DPAC, at its sole discretion, may migrate the Subscriber's rate plan to another rate plan, provided that the new plan's features and benefits are of equal or greater value.
- CHANGES OR DISCONNECTING SERVICES. Subscriber may change or disconnect service upon 24-hour notification to DPAC. Account holder must notify DPAC in person or over the phone with authorization. DPAC does not accept fax or email requests from a third party to terminate service. Payment for balances due and return of any leased equipment is due immediately. Subscriber is responsible for payment until the account has been disconnected or transferred. A request to port your number is a request by you to terminate Service immediately. Your monthly recurring Services and the applicable charges for those monthly recurring Services shall be prorated to coincide with the termination date. Depending on the amount of Service that you have used during the month of termination, such a proration may result in you incurring overage charges.
- TELEPHONE ACCESS NUMBERS. The subscriber has no property right in the telephone access number. DPAC 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.
- THEFT OF SERVICE. The ownership of all cable and equipment provided by DPAC shall be and shall remain the property of DPAC and shall not be modified without permission. Unauthorized attachments (i.e. splitters, connectors, etc.), or equipment or unauthorized use of cable, equipment or of signal constitute theft under federal and local law. Fines range from $500.00 to $5000.00.
Television (TV) - (Consumer/Enterprise Cable Television Service)
- CABLE TELEVISION SERVICES (ANALOG & DIGITAL). Television service is provided via coaxial cable. Basic TV service is required for Digital TV service, along with a Digital Set-Top Box. High Definition (HD) Digital TV service is available; however, subscription to Basic TV and Digital TV service, along with an HD Digital Set-Top box is required.
- dTV+ SERVICES. DPAC grants you a non-exclusive limited license to use the App, including accessing and viewing the provider content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
- CABLES AND EQUIPMENT. Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided to the Subscriber remain the property of DPAC and do not become permanent fixtures of the structure where they are installed. DPAC may remove or alter the Cable, Attachments or Equipment at their sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for equipment(s) as follows: Technicolor Modem ($100.00), Digital Set-Top Box ($250.00), HD Set-Top Box ($250.00), DVR-Digital Video Recorder ($250.00), HD-DVR ($250.00), Media Gateway DVR ($300.00), eBox ($75.00), Cable Modems ($75.00), Remote Control ($25.00), Surge Protector ($25.00). Subscribers are encouraged to subscribe to Wire Guard at $4.99 per month. Wire Guard is a maintenance plan that protects interior cable lines and non-plant related service issues. Subscribers who do not subscribe to Wire Guard may be charged $75.00 if their service call is not related to cable plant issues.
- FEDERAL COMMUNICATIONS CHARGE (FCC) – A charge of $0.04 will be added on top of your Basic Cable service to cover the FCC.
- PROGRAMMING. DPAC has the right to add, remove, modify, or adjust channels within our programming offers with a thirty (30) day notice via mail, DPAC website, local advertisement and/or social media. Networks may at any time make changes to programming, in which DPAC has no control over. DPAC will do its best to inform subscribers of changes as we receive this information.
- CLOSED CAPTIONING INFORMATION. For any questions or information concerning closed captioning please email the Network Operations Center at firstname.lastname@example.org.
- TiVo & Vu-IT!. TiVo® and the TiVo logos are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. Vu-IT! powered by TiVo® allows DOCOMO PACIFIC to provide TiVo® Service to its customers within service areas.
- dTV+ The DPAC dTV+ logo is among the trademarks, service marks, and/or registered trademarks of DPAC and may only be reproduced or used with DPAC’s written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the App are the property of their respective owners. Their appearance of any mark or logo on the App does not transfer any rights whatsoever in and to such mark or logo to anyone other than the owner of such mark or logo, and you may not reproduce, copy, or otherwise use any such mark without the permission of the owner of such mark.
MOBILE - (Consumer/Enterprise Wireless Service)
- MOBILE PLANS. Postpaid and Prepaid plans are considered one or a combination of the following services: Mobile Voice, SMS and/or Data service. Postpaid service is billed after the fact, according to the use of mobile services towards the end of each month or billing period. Due dates for payment must be met to avoid any service interruption or account termination. Prepaid service requires advanced purchase of service credits for use. Prepaid cards or top-up requests must be done prior to use.
- Added Services
SMS (Short Messaging Service/Text Message). Incoming SMS/Text messages do not incur any fees. Outgoing SMS/Text message fees are dependent on destination. For the latest competitive SMS/Text messaging rates, please visit https://www.docomopacific.com.
- Nights & Weekends. Nights is defined to begin at 7:00 p.m. to 6:59 a.m. Monday through Friday. Weekend is defined as between Friday at 7:00 p.m. through Monday at 6:59 a.m.
Data Top-Ups. Data usage can be viewed with myDATA+ by visiting https://www.docomopacific.com/mydata or by texting "data" to 3282 from your DOCOMO PACIFIC mobile postpaid device.
1. Upon reaching 80%, 90%, and 100% of your monthly data bucket, you will receive an SMS notification
2. To maintain high-speed data, choose from multiple data top- up options by texting “data” to 3282 from your DOCOMO PACIFIC mobile device. Data top up will be added to current billing cycle bucket and will be billed to the next monthly invoice and will appear as a separate line item.
A. Reply "1" for 1GB for $3
B. Reply "2" for 3GB for $5
C. Reply "3" for 5GB for $10
3. Data speeds reduced for the remainder of the bill cycle, and reset when the next bill cycle begins
4. Data Top-Ups are not available for ACCESS plans
- Roaming and Long Distance. DPAC offers roaming to multiple destinations worldwide. Services are deactivated upon activation unless specified otherwise. To ensure roaming is accessible or to activate roaming services on your mobile device, please contact 671 688-CARE (2273) in Guam, 670 488- CARE (2273) in the CNMI or visit any retail location. Roaming and long-distance services are not applicable to “Data Only” services. For the latest competitive roaming and long-distance rates, please visit https://www.docomopacific.com. Data to go services are available in select international destinations. For a flat rate daily fee, Data to go allows eligible subscribers to access their existing data bucket while connected to specified carrier partners. The flat rate fee per day is charged daily (12:00AM-11:59PM ChST) regardless of actual time usage commenced abroad. Included international destinations and carrier partners are subject to change at any time. Subscribers are to contact DOCOMO PACIFIC prior to departure for the most up to date information. Failure to connect to the designated carrier may result in pay-as-you-go international roaming data charges to your account. In the event charges incurred exceeds $1,000USD, DOCOMO PACIFIC will make every attempt to advise the subscriber and has the right to suspend data to go services. Note that standard roaming charges may still apply for inbound and outbound calls and SMS (local and international).
- Video Calling. A WCDMA unit with video calling capabilities is required to utilize this service. Additional fees may apply.
- DATA SERVICES. DPAC provides Data Services, which allow access to the internet. Data allotment is dependent upon the type of Data plan subscribed to. If no Data plan is subscribed to, Pay-As-You-Go Data is automatically activated, unless specified by Subscriber. Additional data buckets may be purchased for an additional fee. Unused Data buckets do not roll-over to the next bill cycle. Applications may continue to run in the background which will use data service and deduct from your data plan bucket. Mobile Data Services are intended for (i) web browsing; (ii) electronic mail ("e-mail"); (iii) multimedia messaging services ("MMS"); (iv) any other applications which require normal capacity usage on your mobile device; and (v) any other mobile data communications which require normal capacity usage using the functions of your mobile device. Data Plans are not intended as substitute or backup for private lines, landlines, or full-time connections. DOCOMO PACIFIC reserves the right to modify, disconnect, and/or terminate a Data Plan at any time and without notice in the event the Data Plan is used in any prohibited manner, including excessive or unauthorized usage that adversely impacts its wireless network capacity or interferes with regular service to other Data customers.
- ACCESS PASSES: DPAC Access Pass allows the use of certain designated apps that do not count against your monthly data allowance (“data cap”). There are a variety of Passes to choose from, including:
Music Pass: Spotify, Apple Music, Pandora
Social Pass: Facebook, Facebook Messenger, TikTok, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype, Kakao Talk.
Party Pass: Spotify, Apple Music, Pandora, Facebook, Facebook Messenger, TikTok, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype. Kakao Talk
All Access: Spotify, Apple Music, Pandora, Facebook, Facebook Messenger, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype, Kakao Talk, Netflix, YouTube, Hulu, Amazon Prime Video, ESPN+.
GEN Z Social Pass: Facebook, Facebook Messenger, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype, YouTube, Viber, Spotify.
If data usage is not covered by selected DPAC Access Pass, this data usage will be deducted from monthly data allowance.
Additional content: Subscriber understands that additional content (e.g., advertising) or third-party content (e/g/ location sharing, GIFs, external videos, maps) featured in certain apps may not be included in your DPAC Access Pass and may count against your data allowance.
- TETHERING/HOTSPOT: Subscriber may tether another device to your phone, tablet, or MiFi device, and enjoy the endless data from the apps included in your passes. DPAC does not block or otherwise restrict tethering, but note that certain devices such as your video game console, TV, or smart device such as Chromecast, Roku, or Fire TV Stick, may not be compatible with DOCOMO PACIFIC Access Passes, resulting in the pass not working or data being deducted from your monthly data allowance.
- ROAMING: DOCOMO PACIFIC Access Passes cannot be used in our Data To Go destinations. DOCOMO PACIFIC Access Passes are not available for use in our Data To Go or Rest of World destinations. If you exceed the fair usage policy, any data usage that would normally be covered by your DOCOMO PACIFIC Access Pass will instead come out of your inclusive data allowance.
- VIRTUAL PRIVATE NETWORK (VPN): If you are using a virtual private network (VPN), a proxy, or your device is configured to an external domain name system (DNS) other than DPAC’s, the DOCOMO PACIFIC Access Pass will not work and your usage will come out of your data allowance.
- DEVICES. Certain devices may be locked to DPAC's network. These devices may be unlocked upon Subscribers request; however, contract terms must be fulfilled, and additional fees may apply.
- NOW Trade-In Program: Limited time offer; terms subject to change without notice. Applicable to customers located in Guam and CNMI. All devices presented for trade-in will be assessed by a Docomo Pacific Retail associate using an online trade-in assessment tool. Customers will be informed of the basic valuation criteria prior to handing the device over for inspection and assessment. The associate may perform a series of simple tests on the device in front of the customer. The customer will be asked a series of questions to help determine the working status of the device and is expected to answer honestly to the best of their knowledge. Only unlocked devices as specified by DOCOMO PACIFIC will be eligible for trade-in. This list is subject to change at any time. Accepted trade-in devices qualify for credit. Credit applied to existing NOW Program Equipment Installment Plan(s) (EIP) balance(s). All trade-ins are final. Once you trade in your device you cannot get it back. Limit of one (1) device per active line after twelve (12) timely payments and the remaining balance can be paid-off. Unless otherwise specified, trade-in is only eligible to customers joining or renewing services that include the NOW program with a minimum Access plan as specified by their region of residency. All subscribers will be subject to standard credit checks and criteria of their selected plan options and the NOW Program.
Password/Locking Features: You must reset your device to factory settings and remove any passwords or locking features before trading it in; refer to your phone instructions manual or contact your device’s Customer Support to disable those features. If you fail to do so, the device will not be eligible for trade-in. Docomo Pacific is not liable for any customer personal content found on any device once traded in.
Trade-in acceptance: Docomo Pacific will accept device battery chargers and accessories, but this will not affect the value of the device trade-in.
Customers are responsible for cancelling any network service linked to each mobile device. DOCOMO PACIFIC is not responsible for any usage charges arising before, or after receipt of your mobile device, or arising from any other circumstances. Please ensure you remove your SIM card before submitting your mobile device.
DOCOMO PACIFIC accepts no liability in the event that a SIM card is included with a mobile device that incurs charges. Any SIM cards received with your mobile device will not be returned and will be destroyed.
Customer agrees to release DOCOMO PACIFIC from any and all claims, losses or damages with respect to any data stored or contained in the mobile device or on any media used in conjunction with the mobile device, including apps, SMS, photos, games, songs or other data. DOCOMO PACIFIC accepts neither responsibility nor liability for and in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the mobile device prior to you handing it over.
Customer is solely responsible for any personal data left on a device. If any personal information/personal data is contained in the mobile device which has not been deleted when DOCOMO PACIFIC receives it, it will be deleted and DOCOMO PACIFIC shall not be held responsible or liable for such deletion. Additional Terms and Conditions may apply. Please visit www.docomopacific.com for more details.
- 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 local public utilities commission (copy available upon request) if required by law or regulation. Cellular subscriber service is available to cellular radio units equipped for this service when in range of cell site location 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 other conditions.
- PAYMENT OF CHARGES. Subscriber is responsible for payment of all charges for cellular services furnished including, but not limited to: A) all calls originated or received by Subscriber's cellular radio units, as well as any other charges billed to Subscriber's access number; B) 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, DPAC may, 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 Subscriber's account to the end of the billing period; C) 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; D) In the event the cellular radio unit is lost or stolen, the subscriber shall immediately report such loss or theft to DPAC. Subscriber shall remain liable for all usage and toll charges origination from or received by the Subscriber's access number until such time as the loss or theft is reported to DPAC. Monthly charges continue until the service is terminated; E) 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 DPAC unpaid for any reason; F) The charges for a fractional part of the month will be proportionate part of the monthly recurring charge based on the actual number of days the service is provided; G) Late fee(s) will be assessed for late payments.
- RESPONSIBILITY OF THE SUBSCRIBER FOR THE CELLULAR RADIO EQUIPMENT. A) DPAC is not responsible under this Agreement for the installation, operation, and quality of transmission or maintenance of Subscriber's cellular radio equipment; B) Subscriber must provide and maintain all cellular radio equipment and ensure that it is technically and operationally compatible with service and that it does not interfere with cellular service and complies with Federal Communication Commission ("FCC"), Territorial or other governmental authority, laws, rules and regulations.
- CELLULAR EQUIPMENT. A limited warranty of 1-year from date of purchase is available for new cellular equipment of the same model or tablet* purchases. This warranty applies to manufacturer defects and excludes liquid and/or physical damage. Warranty does not apply to normal wear and tear of the mobile device or accessories packaged with the device. *Excludes Apple iPads.A one-time five (5) day defective exchange applies only to accessories purchased at a DOCOMO PACIFIC Retail Store. Does not apply to earpieces/ear buds. All sales are final. No returns or exchanges.
- FEES AND SURCHARGES
- USF (Universal Service Fund). USF is a mandatory fee which is used to promote increased access to telecommunications services in the US. USF rates are set by the FCC and may change quarterly. USF appears on your monthly bill of service as a separate line item and is applicable to Local Voice, Local SMS, and Toll Charges.
- E-911. E-911 fees are charges required by local law to finance Enhanced 911 services. A $1.00 fee for E-911 will be charged per unit, in addition to your monthly rate for VOICE, SMS and/or DATA Subscribers.
- Local Number Portability (LNP). In accordance with FCC rules and regulations, subscribers who switch service providers within the geographical area may keep their phone number. A fee is automatically assessed and charged $0.50 per mobile number and will appear on the Subscribers' monthly bill of service as a separate line item. A fee of $50.00 is assessed if the Subscriber decides to keep their number and switch service providers. This fee will be assessed on top of any remaining balance once the porting process is completed.
INTERNET - (CONSUMER/ENTERPRISE WIRED INTERNET SERVICE)
- Internet EQUIPMENT: Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided to Subscriber remain the property of DPAC and do not become permanent fixtures of the structure where they are installed. DPAC may re-configure or remove cables, attachments, or other equipment at its sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for equipment as follows: Technicolor Modem ($100.00), Cable Modem ($75.00), EMTA-Embedded Multimedia Terminal Adapter ($75.00). Subscribers are encouraged to subscribe to Wire Guard at $4.99 per month. Wire Guard is a maintenance plan that protects interior cable lines and non-plant related service issues. Subscribers who do not subscribe to Wire Guard may be charged $75.00 if their service call is not related to cable plant issues.
- QUALITY OF SERVICE. DPAC Internet provides services with "Up to" speeds. Due to traffic and quality of service, Subscriber may or may not experience advertised speeds. Our Subscribers are encouraged to visit us or call to identify any issues with the serviceable address.
- DOCOMO PACIFIC WiFi. Based on the Access to DOCOMO PACIFIC WiFi is available for Internet subscribers and number of logins are based on service level tier subscribed to. More information can be found at https://www.docomopacific.com/online/wifi.
- dFI+ Plans with WHOLE HOME WIFI. Subscriber understands and agrees to pay DPAC an early termination fee (ETF) for cancelling before the contract expiration date. Subscribers with military orders on a contract, early termination fees still apply. Early termination fees applied are based on the total number of months left on the subscriber's contract term as follows and are charged per applicable Service Agreement Contract: 50% of the remaining contract value.
Plume Service and Eligibility
- DOCOMO PACIFIC's Plume service consists of the initial supply of one SuperPod and a Plume Membership with DOCOMO PACIFIC ("Plume Service").
- The Plume Service is only available to selected residential customers who meet our pre-acceptance checks and criteria. To be eligible for the Plume Service you must:
- have DOCOMO PACIFIC internet access and a device capable of downloading and using the Plume WiFi App;
- download the Plume WiFi App from Google Play or the Apple App Store and follow the set-up instructions, including acceptance of Plume's partner terms (which are available on the Plume WiFi App when you first set up your Plume profile);
- use the Plume Pods we supply; and
- receive your bill.
Plume Membership with DOCOMO PACIFIC
- Your Plume Membership with DOCOMO PACIFIC will start from the date we confirm you are eligible for the Plume Service and will continue month-to-month until cancelled.
- You acknowledge that without a Plume Membership from us, the Pods will have limited functionality. You will only be able to access basic network management and WiFi configuration. Membership features such as Adaptive WiFi™, guest access with HomePass® and parental controls, will not be available. Please note that Plume membership is not transferable between internet service providers.
- A monthly fee will be charged for the Plume Membership and is generally invoiced a month in advance.
- We reserve the right to change the monthly Plume Membership fee from time to time on giving 30 days' written notice to you, together with our reasons for that change.
- You can cancel your Plume Membership at any time. If you cancel your membership, you will continue to have access to the full Plume Service from DOCOMO PACIFIC until the end of your monthly billing period.
- To cancel your Plume Membership, please contact us by calling 671-688-2273.
- Plume Membership fees are non-refundable, and we do not provide refunds or credits for any partial-month membership periods (e.g. if you cancel your Plume Membership during a month for which a membership fee has already been invoiced).
DOCOMO PACIFIC has partnered with Plume Design, Inc. to offer you this Plume Service. You can find out more about Plume Design, Inc., its products and its business at www.plume.com.
DOCOMO PACIFIC has been appointed by Plume Design, Inc. as an authorized reseller of Pods and the Plume Adaptive WiFi Solution. By agreeing to receive the Plume Service and/or by purchasing and using Pods from us, you acknowledge and agree:
DIGITAL PHONE - (Consumer/Enterprise Wired Phone Service)
- PHONE PLAN, TOLL USAGE & DIRECTORY ASSISTANCE. Digital Home Phone service allows local, long distance, & international long-distance calls. Additional charges apply for long distance & international long-distance calls. Long Distance & Directory Assistance (411) Rates available at www.docomopacific.com/phone/plans.
- PHONE EQUIPMENT: Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided by DPAC remain the property of DPAC, Inc. and do not become permanent fixtures of the structure where they are installed. DPAC may remove or alter the Cable, attachments, or equipment at their sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for the equipment as follows: EMTA-Embedded Multimedia Terminal Adapter ($75.00).
- LIFELINE DISCLAIMER & POWER FAILURE. Digital Home Phone service is not a lifeline service. In the event of a power outage, both your home phone service and E911 service will be unavailable. Call forwarding may be setup in any event of this situation.
- CALL DETAILS. Local call detail records are available upon request. Long Distance call detail records available through self-care service at mydocomopacific.com. Fees and conditions may apply.
- FEES AND SURCHARGES - USF and E-911 fees applicable to Digital Phone service (see "Fees and Surcharges" section above).
Service Termination, Change in Residence, & Collection Policy
- DISCONNECTION OF SERVICE FOR CAUSE. If payment of any sum due to DPAC 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 TV, Mobile, Internet, or Home Phone services, DPAC, at its sole discretion, without incurring any liability to Subscriber, has the right to immediately or temporarily disconnect or terminate the furnishing of services to Subscriber. Additionally, DPAC reserves the right to exercise any other remedy existing at law or in equity. Subscriber will be charged a fee for reactivation of services.
- PAYMENTS UPON TERMINATION UNDER SCRA. Should a Subscriber terminate this Agreement pursuant to the Service Members Civil Relief Act (SCRA), this provision shall survive this Agreement. Under this provision, a “unit” refers to any cellphone, tablet, or similar equipment whose purchase was subsidized by DOCOMO PACIFIC and used with cellular service provided by DOCOMO PACIFIC and internet, router, cable, and/or home phone equipment under this Agreement. Upon termination under the SCRA, Subscriber must, within THIRTY (30) days:
- If a Subscriber purchased a unit from DOCOMO PACIFIC, and the cost of which is spread over the term of the contract the Subscriber may return the unit in a saleable condition or any balance due will become immediately due and payable upon termination under the applicable NOW (Equipment Installment Plan) financing plan.
- The Subscriber acknowledges that if the unit is in non-saleable condition with liquid and/or physical damage or is unreturned at the time of termination of the contract, such unit will be deemed as a liability and any outstanding balance will be immediately due and payable.
- Access penalty fees and the Temporary Suspension fees will be waived, and the agreement term will not be extended.
- The Subscriber agrees to pay DOCOMO PACIFIC any service fees, taxes, and other obligations and liabilities imposed by the contract that is due and unpaid or underperformed at the time of termination.
- DPAC EXPENSES. Subscriber shall pay to DPAC all costs and expenses, including without limitation, reasonable attorney's fees, and the fees of any collection agencies and court costs, incurred by DPAC in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions thereof.
- PAYMENTS AND COLLECTIONS.
- Subscriber's cable television, mobile, internet and/or home phone service payment is due for that month's service. Your due date is printed on the monthly invoice. If payment is not received five (5) days after your due date, you will be charged a late fee of $9.99 on Guam and CNMI. Business accounts will be billed 2% of past due amounts.
- Services on the account will be subject to disconnection without notice should payment not be received within thirty (30) days from the invoice date.
- Non-receipt of billing statement and/or invoice does not prevent Subscriber's account from being due or payable.
- All disputes with invoiced amounts must be made known to DPAC within ninety (90) days of invoice date.
- No credit will be given for a period greater than one-hundred twenty (120) days.
- If service is disconnected for non-payment, Subscriber must pay the balance in full, plus a twenty-five dollar ($25) reconnection charge, before service will be reinstated.
- Checks returned for any reason will be assessed a charge of $35.00.
- Payments made after "Due Date" will appear on your next billing statement.
- All Consumer and Enterprise billing inquiries/disputes must be submitted within ninety (90 days) of the date of the invoice in question to either a Retail Service Department, via phone to a Call Center Department, or to the Credits & Collections Department. Please note that balances will only be released to the account holder or their authorized agent. Balances may be released to those paying on behalf of the account holder when visiting any DPAC payment location.
- Subscribers are obligated to update credit card, mailing address and other 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 phone or email. Account holder must authorize changes or updates to credit card information in person, by mail, or via facsimile.
- 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 forty-five (45) days from the invoice date. A $25.00 reconnection fee will be charged per account for services that have been affected for this reason.
- Accounts with outstanding balances over sixty (60) days will be permanently deactivated and security deposit/penalty fee (if applicable) will be imposed 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 delinquent account will be forwarded to a collection agency. Additional fees may apply. Once the account is forwarded to a collection agency, all correspondence, disputes, payments and other fees must be made directly with the collection agency.
- Participating accounts on DPAC’s NOW Program with outstanding balances over sixty (60) days will be permanently deactivated and the unpaid handset installations will be billed to the account. Services may be reinstated after full balance of the Handset on the NOW Program and outstanding balance is cleared. If a Credit/Debit Card has been imprinted or authorized for payments on the account, the outstanding balance will be charged to the card at that time. If all efforts to collect the outstanding balances have been exhausted, the account will be forwarded to a collection agency, which may impose additional fees.
- TERMINATION OF AGREEMENT BY SUBSCRIBER OR DPAC.
- Subscriber agrees to the terms of this Service Agreement as stated above.
- Subscriber may terminate this Agreement with no penalty within FOURTEEN (14) days of the Activation Date. Other charges, including local and toll usage charges and handset penalties, Entertainment, Internet and Home Phone equipment, VOD purchases, PPV purchases and any other applicable charges still apply.
- Subscriber may at any time after 14 days, with or without cause, terminate this Agreement by notifying DPAC in writing THIRTY (30) days in advance. The following penalty fee(s) will apply accordingly.
- A request to port your number is a request by you to terminate Service immediately. Your monthly recurring Services and the applicable charges for those monthly recurring Services shall be prorated to coincide with the termination date. Depending on the amount of Service that was used during the month of termination, such a proration may result in incurring overage charges in which Subscriber will be billed and is liable for.
- Subscriber understands and agrees to pay to DPAC an early termination fee (Unit Penalty Fee) for cancelling before the contract expiration date. TV, Internet, and Home Phone equipment's must be returned to avoid unreturned equipment penalty fees. Subscribers with military orders on a contract, Unit Penalty Fees still apply. Subscriber understands that video calling, long distance, roaming, and SMS charges are billed in addition to their mobile plan. In addition to the terms and conditions stated in this document, all other terms and conditions will be guided by DPAC's Terms and Conditions of Cellular Telephone Service Contract, as well as the Terms and Conditions of TV, Internet, and Home Phone services. TV, Internet, and Home Phone services do not incur access penalty fees; however, unreturned equipment fees still apply. Unit Penalty fees applied are based on the total number of months left on the subscriber's contract term as follows and are charged per applicable Service Agreement Contract: (1) 19-24 Months left: $600.00 (2) 13-18 Months left: $400.00 (3) 7-12 Months left: $300.00 (4) 1-6 Months left: $0.00.
- Applicable to Service members Only: Pursuant to the Service Members Civil Relief Act (SCRA), a servicemember may terminate a contract without penalty for a commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service any time after the date the servicemember receives military orders to relocate for a period of not less than ninety (90) days. A servicemember must provide DOCOMO PACIFIC with written or electronic notice of the military orders and must specify the DOCOMO PACIFIC service termination date.