Terms and Conditions
- 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 SUPERCEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.
- CPNI - Subscriber 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.
- 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 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 EXCULSIVE 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 OT SAVINGS OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAMED 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 AVAILABILTY 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 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.
- 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.
- BPT: Effective April 1, 2018, Guam Public Law 34-87 increased the Business Privilege Tax (BPT) from 4% to 5%. You will see a new line item with the description “BPT” in your monthly invoice which will reflect the equivalent of this 1% increase. The BPT is a tax imposed upon local businesses including DOCOMO PACIFIC and is an element of the purchase price. For questions or further information, please reach out to us at 671 688-2273 (Guam).
Television (TV) - DPAC defines "TV" as a Home/Business 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.
- 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: Digital Set-Top Box ($375.00), HD Set-Top Box ($425.00), DVR-Digital Video Recorder ($525.00), HD-DVR ($625.00), Media Gateway DVR ($650.00), eBox ($200.00), Remote Control ($25.00), Surge Protector ($15.00). 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 these information.
- Closed Captioning Information. For any questions or information concerning closed captioning please contact our VTP Department. Phone: 671-969-4106 Fax: 671-969-3292 Email: email@example.com
- 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.
Mobile - (Residentail/Business 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.
- 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 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.
- Roaming and Long Distance. DPAC offers roaming to multiple destinations worldwide. To ensure roaming is accessible on your device, please contact 688-CARE (2273) or visit any retail location. For the latest competitive roaming and long distance rates, please visit www.docomopacific.com.
- 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.
- Devices. Certain devices may be locked to DPAC's network. These devices may be unlocked upon Subscribers request, however additional fees may apply.
- 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, 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 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.
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 to 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.
Online - DPAC defines "Online" as a Home/Business Wired Internet Service
- Online Equipment:. Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided to Subscriber remain DPAC 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 equipments as follows: Cable Modem ($50.00), EMTA-Embedded Multimedia Terminal Adapter ($75.00). Subscribers are encouraged to subscribe to Wire Guard at $4.99per 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 Online 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.
- Acceptable Use Policy & Charges. Based on the Acceptable Use Policy, DPAC reserves the right to place Data CAPs for Online services and charge based on the total usage of the subscriber.Data caps for all online service levels can be found on www.docomopacific.com/online/plans/acceptable-use-policy. Subscribers will be charged $0.20 per gigabyte over the threshold set by their service level.
- DOCOMO PACIFIC WiFi. Access to DOCOMO PACIFIC WiFi is avaialbe for Online subscribers and number of logins are based on service level tier. More information can be found at http://www.docomopacific.com/online/wifi.
Digital Phone - DPAC defines "DIGITAL PHONE" as a Home/Business 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, Online, 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 Subscriber terminate this Agreement pursuant to the Service members Civil Relief Act (SCRA), this provision shall survive this Agreement. Under this provision, “device” refers to any mobile device whose purchase was subsidized by DPAC and used with cellular service provided by DPAC under this Agreement. Upon termination under the SCRA, Subscriber must, within THIRTY (30) days:
- Return the device to DPAC or pay the balance owed under the applicable device financing plan to DPAC; and
- Pay to DPAC any service fees, taxes, and other obligations and liabilities imposed by the contract that are 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, online and/or home phone service payment is due for that month's service. Your due date is printed on the monthly invoice. If Subscriber's payment is not received 5 days after your due date, the Subscriber will be charged a late fee of $9.99 on Guam and CNMI. Business accounts will be billed 2% of past due amounts.
- If Subscriber's payment is not received within 30 days, Subscriber will be subject to disconnection without notice.
- 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 120 days.
- Monies collected in the field for delinquent or disconnected accounts will be assessed a $15.00 service fee
- If service is disconnected for non-payment, a reconnection fee will be charged and Subscriber must pay the balance in full, one month of service in advance and reconnection charges before service will be reinstated. Reconnection fee on Guam is $25.00, $38.20 for CNMI subscribers.
- Checks returned for any reason will be assessed a charge of $35.00.
- Process Server fee of $30.00 per subscriber, per account (applicable to all DPAC services)
- Court fees and other associated costs (applicable to all DPAC services)
- Payments made after "Due Date" will appear on your next billing statement.
- All billing inquiries and complaints should be directed personally within a timely manner (90 days) to Subscriber Service Department, via telecom to Subscriber 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 DPAC cashiers.
- Subscribers 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.
- 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 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 $15 processing fee will be assessed on the account, as well as other fees imposed by the collection agency.
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, TV, Online 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.
- Subscriber understands and agrees to pay to DPAC an early termination fee (Unit Penalty Fee) for cancelling before the contract expiration date. TV, Online and Home Phone equipment's must be returned to avoid unreturned 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 cellular plan minutes. 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, Online, and Home Phone services. TV, Online 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