Notice to Certain Customers of Pending Assignment
This notice is for customers with service homed to certain counties in Kentucky (Greenup and Lewis), Maryland (Allegany and Garrett), Ohio (Gallia, Scioto and Washington) and West Virginia (Calhoun, Grant, Hampshire, Mineral, Pleasants, Ritchie, Wirt and Wood). Pursuant to the terms of your nTelos Customer Service Agreement, this will serve to provide notice that Shenandoah Telecommunications Company or its affiliate may assign your existing agreement with nTelos to Sprint Spectrum L.P., an affiliate of Sprint Corporation, on or about April 3, 2017. No further action on your part is required at this time.
Terms and Conditions
This Agreement is entered into by nTelos and the Primary Customer ("Primary Customer," “Customer” or "you"). This Agreement starts when you accept. You accept when you do any of the following things after an opportunity to review this agreement: (a) give us a written or electronic signature; (b) tell us orally or electronically that you accept; (c) activate your service through your wireless phone; (d) open a package that says you are accepting by opening it; or (e) use your service after making any change or addition when we've told you that the change or addition requires acceptance.
Agreement incorporates by reference the published Schedule of Rates and Charges, and Service Application subsequently submitted by the Primary Customer and accepted by nTelos and any Schedule of Rates and Charges subsequently put into effect by nTelos.
1. Duties of nTelos — nTelos will provide the services provided herein (the "Service") to the Primary Customer upon the terms and conditions and at the rates and charges specified in the schedule of Rates and Charges then currently in effect. NTELOS RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS HEREIN UPON NOTICE TO PRIMARY CUSTOMER. Such notice shall consist of a communication with the Primary Customer, or, the posting of the revised terms and conditions to www.ntelos.com/corporate/terms-and-conditions, such changes shall become effective on the date specified in the notice or upon posting to www.ntelos.com//corporate/terms-and-conditions, unless Primary Customer terminates this agreement in accordance with the provisions of Section 10.
2. Availability of the Service — The Service shall be available to Primary Customers with nTelos Wireless Handset equipped for and technically and operationally compatible with such Service when within the range of Cell Sites located in nTelos Geographic Service Area. Service may be temporarily unavailable or limited because of capacity limitations, is subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions, and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and similar activities of nTelos necessary for the proper or improved operation of the Service.
nTelos’ (Sprint) coverage maps are available at http://unlimityourdata.com/coverage/. The coverage maps provide estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere and coverage and service speeds are not guaranteed. Coverage is subject to change without notice. Service speeds may depend on the Service purchased. The specific network coverage you receive will depend on the radio transmissions your Device can pick up and Services you have chosen. For more information on nTelos’ coverage and performance characteristics, please read our Open Internet Transparency Disclosure, available at http://www.ntelos.com/corporate/open-internet-transparency-disclosure-information/.
3. Limitation of nTelos Liability
(a) nTelos' sole liability to the Primary Customer for loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the Service, its transmission, or failures, or defects in facilities of nTelos, occurring in the course of furnishing Service and not caused by the negligence of the Primary Customer is as follows:
(1) A credit allowance will be made, at the Primary Customer's request in the form of a pro rata adjustment of the fixed monthly charges billed to the Primary Customer as nTelos full and complete liability. Fixed monthly charges are the monthly charges for access, and the optional features per Access Number, all as described in the Schedule of Rates and Charges in effect at the time of the interruption.
(2) Such credit allowance will be based upon the period of time in which the said mistakes, omissions, delays, errors or defects in the Service or its transmission caused interruptions in the rendering of the Service. Any such period of time over which an interruption occurs will be measured from the time it is reported to or detected by nTelos, whichever occurs first in the event the Primary Customer is affected by such interruption for a period of time of less than twenty-four hours, no such adjustment shall be made. No adjustments shall be earned by accumulating periods of non-continuous interruption.
(3) In no case will the credit exceed the fixed monthly charges and nTelos has no other liability for such mistakes, omissions, interruptions, delays, errors or defects in the Service.
(4) A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects, or curtailments in the service caused by the negligence or willful acts of the Primary Customer or others, or mistakes, omissions, interruptions, delays errors or defects caused by failure of equipment or service described in Section 2 hereof.
(b) nTelos shall in no event be liable for Service interruptions or delays in transmission, errors or defect in Service transmission or failure to transmit Service, when caused by Acts of God, fire, war, riots, Government authorities or other causes beyond nTelos control, including, but not limited to, the causes described in Section 2 hereof.
(c) nTelos shall in no event be liable for failures, mistakes, delays, errors, defects, or curtailments of any 911 Emergency Services regardless of the cause, except as otherwise mandated by applicable law. It may take several business days for the handset to be registered with our service provider. GPS location will not be available with their handset for E911 purposes until it is registered with our service provider.
4. Limitation of nTelos Liability in Connection with the Service — Service provided by nTelos is subject to the foregoing limitations and nTelos makes no warranties of any kind, expressed or implied, as to the provision of such Service:
(a) The Service is furnished for use by the Primary Customer for any lawful purpose. An Access Number may be associated with only one Wireless Handset. Applications, including those which involve the start, a change or the discontinuance of the Service, will be accepted by nTelos only from the Primary Customer.
(b) The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to call another person in any manner so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of nTelos' other Primary Customers.
5. Disconnection and Termination of Service by nTelos for Cause
(a) Upon non-payment of any sum due nTelos, or upon a violation of any of the conditions governing the furnishing of Service as provided herein, nTelos may, by notice to the Primary Customer in writing or by telephone communication, without incurring any liability to the Primary Customer, either temporarily discontinue or permanently terminate the furnishing of Service to the Primary Customer at nTelos sole discretion, either in part or in whole, except as otherwise mandated by applicable law. If your service is disconnected due to non-payment, NTELOS may choose, in its discretion, to re-establish the service. If NTELOS chooses to do so, you will be required to pay the past due balance in full, late fees, a reconnection fee per line and you may be required to pay a security deposit to re-establish your service.
(b) Where the Primary Customer's Wireless Handset is used with service provided by nTelos in violation of any of the provisions herein, nTelos will notify the Primary Customer and take such action as is necessary for the protection of the Service by its other Primary Customers or its facilities. The Primary Customer shall discontinue such use of the Wireless Handset or correct the violation immediately and shall confirm in writing to nTelos within five days (following nTelos giving written notice) that such use has ceased or that the violation has been corrected. Failure of the Primary Customer to discontinue such use or correct the violation or to give the required written confirmation to nTelos within the time stated above shall result in disconnection of the Service to the Primary Customer, without any credit allowance as provided in Section 3 hereof, until such time as the Primary Customer complies with the provisions hereof, except as otherwise mandated by applicable law.
(c) Service may be refused, discontinued or terminated without notice in the event the Service is used in such a manner that will adversely affect nTelos Service to any of its other Primary Customers or if it is determined by nTelos that the Primary Customer's Wireless Handset adversely affects nTelos Service to any of its other Primary Customers, except as otherwise mandated by applicable law.
(d) If Primary Customer misrepresented eligibility for any nTelos service plan; provided false information in Primary Customer's application for service or any related credit application; or if usage exceeds levels expected or customarily incurred under Primary Customer's rate plan.
6. Provision of the Wireless Handset
(a) For validation of Primary Customer, a copy of Photo ID is a requirement of nTelos for service activation and is not a requirement of the Department of Motor Vehicles (DMV).
(b) The Primary Customer shall be responsible for the installation operation, or maintenance of Primary Customer's Wireless Handset.
(c) In the event nTelos agrees to install/repair Customer's Wireless Handset, nTelos shall not be responsible for the effect, if any, such installation/repair has upon vehicle warranty.
(d) Unless nTelos and the Primary Customer execute an agreement for maintenance of the Primary Customer's Wireless Handset, the Primary Customer must provide and maintain the Wireless Handset and ensure that it is technically and operationally compatible with the Cellular system and in compliance with applicable Federal Communications Commission rules and regulations.
(e) The operating characteristics of the Wireless Handset shall be such as not to interfere with the Service offered by nTelos to its Primary Customers.
7. Access Numbers — nTelos reserves the right to assign, designate or change Access Number(s) (phone number) when, in its sole discretion, such assignment, designation or change is reasonable or necessary in the conduct of its business.
8. Rates and Charges — Primary Customer agrees to pay nTelos for the use of Service at the rates and charges specified in the Schedule of Rates and Charges then currently in effect, including all applicable fees and surcharges. nTelos reserves the right to revise such rates and charges. Notice of the effective date of such revised rates and charges shall be provided by nTelos for the use of Service by Primary Customer at the revised rates and charges unless Primary Customer terminates this Agreement in accordance with the provisions of Section 10. The Primary Customer acknowledges by signing this Agreement that the Primary Customer has been given a copy of the current Schedule of Rates and Charges.
9. Deposits — Any deposits paid by the Primary Customer together with the applicable interest earned thereon shall be refunded by nTelos in the event that nTelos determines that the Primary Customer has established proper credit with nTelos, except as otherwise mandated by applicable law.
10. Terms of Agreement
(a) If this agreement is ended by the Primary Customer or is discontinued for the failure to pay for service, each line will be subject to the early termination reimbursement stated on your Service Agreement. The early termination reimbursement is not pro-rated. The termination reimbursement must be paid within 30 days of disconnect.
(b) The equipment sold under this Agreement is not insured by nTelos. In case of loss, the Primary Customer is responsible for the replacement of the equipment or the payment of the early termination reimbursement.
(c) If the Primary Customer gives nTelos notice of its intent to end this Agreement before the end of the term stated on your Service Agreement, the Agreement will end on the last day of the Primary Customer's then-current billing cycle. If the Primary Customer gives nTelos notice of its intent to end this Agreement at the end of such term (or any renewal term), the Agreement will end on the last day of the billing cycle that occurs during the last month of the current term.
11. Assignment — The parties agree that this Agreement may not be assigned or transferred by the Primary Customer, in whole or in part. nTelos may, however, upon 5 days written notice to Primary Customer assign all of its rights, duties and obligations hereunder to an affiliate of nTelos, to a partnership in which nTelos or its affiliate has an interest, or another bona fide cellular provider.
12. Waiver — No failure on the part of either party hereto to exercise, and no delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof.
13. Entire Agreement — This Agreement, including the Service Application Form, Schedule of Rates and Charges, Thank You for Choosing nTelos (Important Info) and any Service Application subsequently submitted to nTelos, supersedes all prior discussions and agreements between the parties with respect to the subject matter hereof and this Agreement contains the sole and entire Agreement between the parties with respect to the matters covered hereby.
14. Warranties — Primary Customer acknowledges that the Equipment purchased hereunder and resold by nTelos is warranted only by the manufacturer thereof and not by nTelos.
NTELOS MAKES NO WARRANTIES WITH RESPECT TO THE EQUIPMENT SOLD HEREUNDER AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NTELOS MAKES NO REPRESENTATIONS AND DISCLAIMS ANY RESPONSIBILITY WITH RESPECT TO THE EFFECT OF THE INSTALLATION AND USE OF THE EQUIPMENT SOLD HEREUNDER UPON ANY VEHICLE WARRANTY. IN WV CONSUMER TRANSACTIONS, NTELOS MAKES NO REPRESENTATIONS WHICH GIVE RISE TO AN EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, BUT DOES NOT DISCLAIM THE IMPLIED WARRANTY OF MERCHANTABILITY.
Primary Customer's remedies for any and all warranty claims with respect to the equipment purchased hereunder shall be those provided by respective manufacturers of such equipment only.
15. Cost of Collection — Primary Customer agrees, as further consideration for the promise of nTelos to extend Service, to pay the reasonable costs of collection (up to 33.33%) including, but not limited to, attorney's fees, collection fees, and court costs. This obligation on the part of the customer to pay collection fees shall arise and become effective upon referral by nTelos to its collection agency. In WV consumer transactions, no collection costs shall be assessed to the Primary Customer. You understand that a collections agency may, on behalf of nTelos to collect unpaid fees, contact you at any mailing address, residential telephone number, e-mail address, or any other electronic address that you have or may provide to us, or any mobile phone number (whether by text or phone call) that you have or may provide to us (including any mobile phone number that we provide to you in connection with your Service). This contact may be made by a pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, or by some other automated system that sends emails or text messages. You hereby consent and agree to receive such messages through the above-listed methods to collect unpaid charges owed to nTelos.
16. Handset Protection — If the Primary Customer enrolls in a wireless device protection program (Device Protection Service, Device Coverage or Device Enhanced Warranty), Primary Customer acknowledges that the equipment listed here is in Primary Customer's possession and in good working order, and that the Primary Customer has received and read the complete terms and conditions for the Device Coverage and/or Device Enhanced Warranty programs carefully to determine rights, duties and what is and is not covered. Primary Customer acknowledges that the wireless device protection programs are not required in order to purchase wireless communications equipment and that Primary Customer may already have coverage under personal insurance policies or other sources of coverage. nTelos’ employees are not authorized to evaluate the adequacy of any existing coverage.
Primary Customer acknowledges that Device Coverage is underwritten by Old Republic Insurance Company and Asurion Insurance Services, Inc. is the insurance agent and provides claims servicing. The Device Enhanced Warranty program is provided by N.E.W. Administrative Services Company, Inc. nTelos acts as a billing agent for the wireless device protection programs, and the charges for coverage are itemized and incorporated as part of the Primary Customer’s bill. Any claims regarding wireless device protection shall be directed to Asurion at 877-868-8775. Wireless device protection programs are separate from and distinct from the nTelos Customer Service Agreement and pricing and terms of the wireless device protection programs are subject to change with notice to Primary Customer. Primary Customer enrolled in a wireless device protection program may cancel coverage at any time by calling 877-468-3567 or mailing written notice to Asurion Customer Care at Post Office Box 411605, Kansas City, MO 64141-1605.
A copy of the complete Device Coverage and Device Enhanced Warranty terms and conditions are included in the program brochure delivered to the Primary Customer upon enrolling into the wireless device protection program or by visiting www.phoneclaim.com. By providing my e-mail, I authorize the use of my e-mail address for communications and legal notices regarding the device protection programs.
17. Caller ID — Primary Customer understands that Primary Customer's calls to telephone numbers equipped with a Caller ID service may result in Primary Customer's name and number being identified to the called party. Primary Customer acknowledges notification of the procedures for blocking and unblocking telephone number(s) for Caller ID purposes.
18. Billing — Unless otherwise specified, wireless telephone calls are billed in one minute increments, and fractions of minutes are rounded up to the next full minute. If Primary Customer has selected a rate plan with 'Included Minutes' those Included Minutes will either be applied to the home coverage area airtime used in the earliest part of each monthly billing cycle, or applied within a specific rate period at nTelos' discretion. Any unused 'Included Minutes' remaining at the end of any monthly Billing Period will neither be carried forward nor credited against the next month's Billing Period. Calls are billed from the time Primary Customer presses the 'Send' key on the wireless telephone, whether Primary Customer is placing the call in the Primary Customer's home coverage area or roaming. Primary Customer will not be charged for unanswered calls, unless Primary Customer places a wireless telephone call to a number that rings unanswered or signals busy for 60 seconds or more, after which Primary Customer may be billed for all airtime, including the first sixty seconds, regardless of whether a connection is made. Primary Customer may be charged for busy or unanswered calls when roaming on another carrier's network. nTelos reserves the right to terminate your agreement or change your rate plan if more than 50% of used minutes are not on the nTelos local network.
19. Electronic Payment and Other Online Services - If you enrolled for NTELOS AutoPay service and withdraw from AutoPay within the first 12 months of service, NTELOS reserves the right to: 1. request you re-pay all discounts provided for enrolling in AutoPay; and/or 2. suspend your service(s) until payment is received.
In order to use nTelos' online services you are required to complete the enrollment process by providing us with certain information. As part of this process you agree to furnish nTelos with current, accurate and complete information. You agree to notify nTelos immediately of any changes in your registration data. By enrolling to use nTelos' online services you authorize us to follow any payment or other instructions we receive through our online systems with respect to your account and/or information. By enrolling to use the bill presentment and payment services you explicitly acknowledge and agree that you may receive your nTelos bill and related documents electronically and not in writing. You further acknowledge that you are able to receive and access this information in electronic form and that in the event that you are unable for any reason to receive and access information electronically you will so inform nTelos immediately.
You are solely responsible for maintaining the confidentiality of your password, ID or other secure codes. Furthermore, you are entirely responsible for any and all activities that occur under your nTelos account. You agree to notify nTelos immediately upon your discovery of any unauthorized use of your account and any other breach of security. nTelos will not be responsible for any loss you or anyone else may incur as a result of misuse of your password, ID, personal data, banking or financial information or nTelos account.
nTelos cannot guarantee that communications or transactions conducted online will be without error, timely or absolutely secure, and that there may be system or other failures that may limit your ability to use the online services as intended or at all. You agree to hold nTelos harmless and to assume all risk and liability arising from your use of nTelos' online services. nTelos reserves the right to accept or deny your request to participate in any of its online services.
20. Shared Minutes — If the primary line of service is deactivated, another line within the Shared Minutes group must be designated as the primary line of service. If not, the remaining lines of service will automatically be converted to stand alone service plans that best suit the customer's usage pattern (based on their most recent bill) unless otherwise directed by the customer.
21. Lease — If Primary Customer is leasing the Wireless Handset from nTelos, the Primary Customer agrees as follows:
(a) The Primary Customer is responsible for the operation and maintenance of the Wireless Handset and nTelos has no obligation to repair or replace it;
(b) The Wireless Handset shall remain the property of nTelos. At the end of the lease term or upon termination of service by either party, the Primary Customer shall, at his or her expense, return the Wireless Handset to nTelos in good working condition. If the Wireless Handset is not so returned then Authorized Buyer agrees to pay to nTelos the total of the remaining payments under the lease.
(c) The Primary Customer acknowledges that the Wireless Handset leased from nTelos is warranted only by the manufacturer thereof and not by nTelos.
NTELOS MAKES NO WARRANTIES WITH RESPECT TO THE WIRELESS HANDSET LEASED HEREUNDER AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN WEST VIRGINIA CONSUMER TRANSACTIONS, NTELOS MAKES NO REPRESENTATIONS WHICH GIVE RISE TO AN EXPRESS WARRANTY FOR A PARTICULAR PURPOSE, BUT DOES NOT DISCLAIM THE IMPLIED WARRANTY OF MERCHANTABILITY.
22. Enhanced Data Services — Enhanced Data Services are defined as all services using the data network. Data network is defined as a network deployed separately from voice networks. Enhanced Data Services include but are not limited to Wireless Data, Picture Messaging, Video Messaging, LBS, web browsing and premium messaging. Data usage charges and/or text messaging charges may apply when downloading, in addition to voice and service fees. nTelos reserves the right to terminate the service, temporarily reduce data throughput/speed or change your rate plan if the service is used in an excessive manner relative to average subscriber usage levels. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted. Customer is solely responsible for the content and activities to, from or through Enhanced Data Services.. Customer will use Enhanced Data Services only for lawful purposes.
23. Picture Messaging/Video Messaging — Picture Messaging requires a picture messaging phone. Video Messaging requires a video messaging capable phone. All video messaging capable phones are also picture messaging capable; however, not all picture messaging phones will have video messaging capability. Video messages may be sent from video messaging capable phones to valid e-mail addresses. Apple QuickTime® Player software (version 6.5 or higher) is required to play video messages sent to e-mail addresses. Video messages may also be sent from video messaging capable phones to other nTelos customers, but the recipient's ability to receive and play the video message will depend on their phone model. You will be charged for picture/video messages sent and received from your picture/video messaging capable phone, even if not delivered to the intended recipient, or if only partial content is delivered. You will not be charged for picture/video messages sent to your phone unless received. Picture/video messages that cannot be delivered to the intended recipients within four (4) days will be deleted. Restrictions apply. Camera phones are prohibited in some places. You are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use.
24. Text Messaging Service — Text Messaging allows you to type text on your nTelos handset using the keypad. Messages sent to a distribution list are billed per recipient. nTelos is not responsible for messages that are lost or significantly delayed. Information sent via text messages, including your wireless phone number, may be intercepted by third parties during transmission over the Internet without your or nTelos’ permission. nTelos is not responsible for the number or content of messages sent to customers using the Wireless Text Messaging Service.
25. Account Manager — If Primary Customer allows an Account Manager, that Account Manager is given access to any and all account information, including information in nTelos’ billing and customer care systems concerning the account and the use of services. The Account Manager may make changes to the Primary Customer’s account, including adding plans and services. Account Managers cannot terminate lines of service or accounts. Primary Customer shall be responsible for all such changes made by the Account Manager, including being financially responsible for all associated rates and charges.
I authorize any person or consumer reporting agency to compile and furnish nTelos or its appointed affiliates with any pertinent information in response to any appropriate inquiry from nTelos. I certify that the information provided herein is accurate and true and that any falsification will result in automatic denial of service. If my account balance exceeds the limit established by the Primary Customers' service credit scoring, then my service may be suspended until my outstanding balance is paid, and a reconnect fee may apply. I understand by authorizing an alternate billing address, I will not receive monthly billing statements and may not be aware of balances owed on my account, and this does not exempt me from liability for the account. I understand by authorizing other users, they will have access to information on the account. I understand if I incur any additional charges on my handset, including but not limited to data, roaming, additional minutes and directory assistance calls, I am responsible for paying all charges. The phone may be set to “home only” or “no roaming” to avoid incurring additional roaming charges.
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