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You have a risk-free 14 day trial on your new phone. A $35.00 restocking fee will apply to all returned equipment after the 14 day free trial period. By returning the phone, you will not have to pay back the equipment discount that was given to you at the time of activation. If you do not return the phone or it is returned damaged, InTouch America may collect the amount of the discount set forth above by billing your cellular service account. There is no plan early termination penalty as our plans are month to month & risk-free. If your services are terminated for any reason during the first 6 months of service, you agree to return the above cellular phone in good working condition along with its accessories to our office at 18535 Ventura Blvd, Tarzana, CA 91356.
1. ACCEPTANCE: Customer offers to subscribe to cellular services from InTouch America (ITA) under the terms and conditions obtained in ITA’s tariff and herein. This agreement is only a summary of the tariff. The tariff may change from time to time in accordance with the rules of the California Public Utilities Commission (CPUC).
2. PRIVACY ON YOUR CELLULAR PHONE: Cellular telephone systems use radio channels to transmit voice and data communications over a complex network. Although federal and state laws make it illegal for third parties to listen in on cellular calls, complete privacy cannot be guaranteed.
3. EQUIPMENT: This agreement pertains only to cellular service and its optional features provided by ITA. ITA does not assume any responsibility for the condition or fitness of any subscriber owned or rental equipment.
4. RATES AND CHARGES: A) Chargeable time for calls originated by a mobile radio unit begins when a connection is established to the company facilities & ends when the mobile radio unit disconnects. Charges may result even if the call is not completed. B) Chargeable time for calls received by mobile radio unit begins when the call is answered and ends when the mobile radio unit disconnects. C) Usage on each call is rounded up to the next minute for billing purposes. D) When a connection is established in one rate period and ends in another, the rate in effect is the rate for each period. E) Saturdays & Sundays are always considered off-peak airtime. Definition of evening off-peak airtime from Monday through Friday varies based on the underlying provider. G) Service Establishment fee is $36 per number to process an order for activation of access number, per number. H) There will be a $20 fee to add or remove optional features, change of equipment (Electronic Serial number change), change long distance carriers, temporarily suspend or reactivate service, or change an access number, per change. I) Subscriber will be billed in advance for all recurring charges and in arrears for airtime usage, tolls and roamer charges.
5. DETAILED BILLING: A supplement to the monthly bill listing call details (date, time, number called, length of call, and charges) will be provided for each number unless declined by the customer. A surcharge may apply.
6. PAYMENT OF CHARGES: A) The customer is responsible for payment of charges for all services furnished including but not limited to all calls originated by or completed to the customer’s mobile unit, a well as any other charges billed to the customer’s access number. B) ITA may suspend service to the customer if payment has not been received within 30 days of date of invoice. Should service be suspended the customer will be charged $15 to reconnect service in addition to outstanding charges. ITA will retain the customer’s electronic serial number until all charges have been paid. Should charges remain unpaid for 15 days after interruption of service, the customer’s account will be closed for non-payment and applicable early termination fees will be assessed. C) The customer is responsible to pay ITA for all charges resulting from the origination of mobile calls to points outside the Cellular Geographic Service Area and for other charges or calls billed to the customer’s access number. These charges are in addition to the charge for usage. D) Payments received after the due date will incur a late payment charge based on the average daily balance at a monthly periodic rate of 1.5% or $5.00 whichever is greater as permitted by law. These are liquidated damages, and not a penalty. Billing is based on a 30-day cycle, and accounts indicating a balance forward are subject to a temporary interruption in service until payment is received. All invoices are due upon receipt and past due after the twentieth calendar day from the statement date. Upon termination of customer’s cellular service with ITA, the outstanding balances on customer’s account become due and payable. Should customer violate this contract, customer agrees to pay ITA for reasonable collection and attorney fees, including outstanding monies owed on account.
7. LIMITATION OF LIABILITY: A) ITA’s liability to its customer is limited as stated in ITA’s tariff filed with the CPUC. B) ITA is not liable for any act of omission not attributable to ITA’s personnel or equipment and with minor exceptions is liable only to the extent of the customer’s basic service charge for any defect, error or omission in the service rendered. C) ITA is not liable for lost calls due to radio limitations such as the customer leaving the coverage area or entering areas not adequately covered by the system.
8. ACKNOWLEDGMENT OF CONTRACT: By signing the face of this agreement the customer acknowledges that this document is an offer which will become a binding and enforceable contract upon commencement of service by ITA.
9. TERM CONDITIONS FOR VALUE PLANS: The contract term provided is 30 days (1) month term unless amended by another document. The customer is responsible of payment of outstanding charges for the period during which service was rendered. This plan will renew automatically for successive (1) month periods, unless cancelled in writing prior to the end of the existing term. There is no early termination fee for month to month plan.
10. REGULATIONS: The subscriber agrees that a copy/fax/email/online version of this agreement shall be binding on the subscriber and have the same force and affect as the signed original.
11. TERMINATION: Termination must be done in writing by fax, mail or email. Only the subscriber can terminate service. Penalties will apply to cancellations on contracted plans. Separate amendment required for contract plans. Termination will take place at the end of the customers billing cycle which varies based on activation date. There will be no proration of the monthly access fee.
12. COMPLAINTS: Complaints against the cellular provider or its agent should be brought to the attention of the management of the cellular provider. If a satisfactory response is not received from the provider, you may appeal to the California Public Utilities Commission by stating your claims in writing to CPUC-Consumer Affairs: 107 S. Broadway, Rm. 5109 Los Angeles, CA 90012
SUBSCRIBER AUTHORIZATION: I certify to the truth of my statements above and authorize InTouch America (ITA) to obtain credit reports in connection with this application. My signature/online authorization acknowledges that I have carefully read and fully understand and agree with each and every provision on this document including terms and conditions set forth on the reverse side. I understand that to cancel my cellular service I must do so in writing to ITA. I agree to fully comply with all InTouch America policies and procedures. If signing on behalf of a subscriber, I hereby warrant that I am duly authorized to sign on behalf of that subscriber.
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