These terms and conditions (“Terms and Conditions”) for Cellcom fixed services: Wireline Voice, TV, Fixed-Wireless, or a combination of those services ("Services"), is by and between Nsighttel Wireless, LLC., a Wisconsin limited liability company with its principal place of business at 1580 Mid Valley Drive, PO BOX 5370, De Pere, Wisconsin 54115 (d/b/a and hereinafter referred to as "Cellcom"), and the party whose name(s) appear on the agreement ("Customer"). These Terms and Conditions shall become effective on the date the agreement is signed.
TRUTH-IN-BILLING REQUIREMENTS: TELEVISION VIEWER PROTECTION ACT ("TVPA")
The truth-in-billing provisions of the TVPA set forth requirements that Nsight Telservices/ Cellcom disclose at the time of sale the total charge for multichannel video service, including surcharges and fees, as well as itemize charges on e-bills.
Transparency ObligationBefore entering into a contract with a consumer for a multichannel video programming service, Cellcom must provide the consumer – by phone, in person, online, or by other reasonable means – with the total monthly charge for the service selected by the consumer, whether provided individually or as a part of a bundle. If the service involves a promotional discount, the provider must note the amount of the discount and when it will expire. The charge shall include — related administrative fees, equipment fees or other charges, a good faith estimate of any tax, fee, or charge imposed by the federal, state or local government (regardless of whether the charge is imposed on the provider or on the consumer and collected by the provider), and a good faith estimate of any fee or charge that is used to recover any other assessment imposed on the provider by the federal, state, or local government.
Formal Notice ObligationWithin 24 hours of entering into a contract with a consumer for a multichannel video programming service, Cellcom shall send the consumer by email, online link, or other reasonably comparable means, a copy of the information set forth above.
Consumer Right to CancelA consumer shall have the right to cancel a contract for a multichannel video programming service within 24 hours of Cellcom sending the information to the consumer without incurring early cancellation fees or other disconnection fees or penalties.
Consumer Rights in E-BillingThe new law also adopts requirements that pertain specifically to e-billing. In particular, if Cellcom, the provider of multichannel video programming service provides a bill to a consumer in electronic format, the provider shall include in the bill:
- an itemized statement setting forth the amount charged for the provision of service and the amount of all related taxes, administrative fees, equipment fees, or other charges;
- the termination date of the contract between the provider and consumer; and
- the termination date of any applicable promotional discount.
EQUIPMENT AND SERVICES.
- Services may be subject to transmission limitations caused by atmospheric or geographic conditions. The Services may be temporarily refused or limited because of the system's capacity limitations. Services to any or all customers may be temporarily interrupted or curtailed, without notice, due to Cellcom Equipment, as that term is defined herein, modifications, upgrades, relocations, repairs or similar activities necessary for the proper or improved operations of the system.
- Common Provisions. Each financially responsible individual, business, or entity identified on the agreement hereof shall be jointly and severally responsible for payment of all Services on Customer's account. Neither the Cellcom Equipment nor the Services shall be used by Customer for any purpose that is in violation of federal, state or local law, nor shall the same be used in such manner as to unreasonably interfere with the use of the Services by one or more other customers.
ACCESS AND INSTALLATION.
Customer will provide Cellcom and its subcontractors with reasonable access to your premises in order to install your Service, your Leased Equipment, and your Receiving Equipment; and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. Additionally, if you request or contract for repair or replacement service from Cellcom ("Repair Service"), then as part of that request or contract you also grant access to your premises for that purpose. You understand and agree that, as part of any such installation or Repair Service, Cellcom may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, roofs, eves, and/or other surfaces) in order to install, maintain, or repair your Service and your Equipment. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., an apartment building, condominium, or private subdivision), you warrant that you have obtained permission from any necessary party, including, but not limited to, the owner, landlord, or building manager, to allow Cellcom and its subcontractors reasonable access to install your Service and your Equipment, or perform any Repair Service, and to make any alterations that Cellcom deems appropriate for the installation or Repair Service.
LIABILITY DISCLAIMER AND INDEMNIFICATION.
- EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT CELLCOM IS NEITHER THE MANUFACTURER NOR THE AGENT OF THE MANUFACTURER OF THE EQUIPMENT PROVIDED HEREUNDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT CELLCOM MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THE EQUIPMENT AND THAT CELLCOM DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CELLCOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY AN EQUIPMENT MALFUNCTION OR FAILURE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF CELLCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ADDITIONAL LIMITATIONS. It is further specifically agreed as to the Cellcom Equipment and Services provided hereunder that Cellcom shall NOT be liable to Customer or any other party for:
- Any injury to person or damage to property resulting from any negligent or unintentional acts or omissions of Cellcom, its employees, agents or others.
- Any damage or loss by Customer as a result of any partial or complete interruption in the operation of its business or for any failure of any of its Cellcom Equipment or Services.
- Any direct, indirect, special, incidental or consequential damages of any kind sustained by Customer or any other person or entity for any failure of Cellcom Equipment, for the inability of Cellcom to promptly or properly repair Cellcom Equipment, for any interruption of any Services now or hereafter provided by Cellcom or for the loss of any transmission or the information contained therein.
- INDEMNIFICATION. Customer agrees to indemnify and hold Cellcom harmless from all claims, actions, suits, demands and judgments, including actual attorney’s fees and costs, which Cellcom may incur in defending itself against any of the aforesaid arising from Customer’s use or possession or other relationship to the Cellcom Equipment or Services supplied, worked on, or provided by Cellcom or its employees, agents or designees, including, but not limited to, any expenses arising from actions brought under the Occupational Safety and Health Act or other governmental regulations or laws.
TERMINATION OF SERVICE.
- In the event Nsight Telservices, in its sole discretion, undertakes litigation or collection efforts against Customer to enforce the terms of this Agreement, and Nsight Telservices prevails in such efforts, Customer shall be responsible to reimburse Nsight Telservices for all costs and expenses, including actual attorneys’ fees, incurred by Nsight Telservices relative to such efforts, unless otherwise precluded by law. Further, in the event such litigation or collection effort arises from, or results in, the termination of this Agreement prior to the expiration of its term, Customer shall be liable to Nsight Telservices for the early termination fee (in addition to all outstanding charges on Customer’s account at the time of such termination).
- The term of Customer’s Agreement shall be tolled, and its expiration date extended, for any periods during which Services are suspended due to nonpayment or other violations of the terms of Customer’s Agreement by Customer. Upon Customer’s cure of such violation, Nsight Telservices may, acting in its sole discretion, reactivate Services and shall be entitled to charge Customer a reasonable reactivation fee.
- Customer is responsible for returning all Nsight Equipment used to provide Services in good working condition within 30 days of disconnection of the applicable service. Failure to return the Nsight Equipment within 30 days, or returning it in non-working condition, will result in a charge of $300 per each individual piece of Nsight Equipment with the charge(s) appearing on the customer’s next invoice.
VOICE ACCESS NUMBER.
- Cellcom reserves the right, in its sole discretion, to change Customer’s access number upon notice to the Customer. Customer acknowledges that Customer has no proprietary or ownership rights or interest in or to Customer’s number(s), except as allowed for by law, and cannot acquire such rights or interest through usage, publication or otherwise.
- Customer may request that Customer’s access number(s) be transferred to or from another service provider within the same local geographic area.
- If Customer transfers the access number(s) to Cellcom, all activation requirements and charges, including credit approval, apply. Customer remains liable for charges (including cancellation fees) incurred with a former service provider.
- If Customer requests to transfer the access number(s) to another service provider, this request will be considered a notice of Customer’s intention to terminate Services; and the terms of the Agreement set forth in the early termination fee paragraphs will apply. Upon request, all amounts then owed to Cellcom (including the early termination fee and any amounts that appear on the final invoice) shall become immediately due. If a transfer is unsuccessful for any reason, Services will not terminate, and Customer will continue to be responsible for all Service or other charges (not the early termination fee).
- When transferring access numbers to another service provider, voice mail, phone book or other Services may be lost.
- Cellcom does not guarantee, in any way, that such access number transfers to or from Cellcom will be successful.
RATES AND CHARGES.
- Customer acknowledges that it is responsible to pay to Cellcom all charges resulting from the provision of Cellcom Equipment and use of the Services.
- Except as may be prohibited by law, Cellcom reserves the right to amend these Terms and Conditions upon notice to Customer and the expiration of a thirty-day objection period afforded to Customer. If, after receiving any such notice from Cellcom, Customer desires to terminate the Agreement due to the proposed amendment(s), Customer shall, within thirty days of receipt of Cellcom’s notice, deliver written notice of termination to Cellcom; and the Agreement and Customer’s ability to utilize the Services shall terminate on the fifth day following Cellcom’s receipt of Customer’s notice of termination. Notwithstanding, if Customer utilizes the Services or makes payment to Cellcom therefor after Customer’s receipt of Cellcom’s notice, Customer shall be deemed to have agreed to Cellcom’s proposed amendment(s) and shall not thereafter have any right to terminate the Agreement due to such amendment(s).
- There may be added to any charges incurred by Customer amounts equal to any industry-wide surcharges and/or fees and any surcharge, duty, levy, tax, or withholding, including, but not limited to, sales, property, ad valorem, excise and use taxes, or any tax in lieu thereof or in addition thereto, imposed by any local, state, or federal government or governmental agency with respect to the Services, or with respect to services provided to customers, excepting only taxes on the income of Cellcom. In addition, there may be added to any charges, additional charges to reimburse Cellcom for its reasonable and necessary costs and expenses incurred in maintaining compliance with regulatory requirements imposed by any local, state, or federal government or governmental agency having jurisdiction over Cellcom.
- Customer’s access to, and use of, Services is further governed by Cellcom’s “Acceptable Use Policy” which can be found at www.cellcom.com/terms/FixedSerivces. Among other things, the Acceptable Use Policy provides that Cellcom may suspend or terminate Customer’s access or use of Services at any time and without notice to Customer in the event Customer violates any term or condition of the Acceptable Use Policy.
- When Customer provides a check as payment, Customer authorizes Cellcom to make a one-time electronic funds transfer from Customer’s account. Therefore, funds may be withdrawn from Customer’s account on the same day Customer’s payment is received. Customer may not receive Customer’s check back from Customer’s financial institution.
- Autopay (checking and savings accounts only, no credit or debit cards) and paperless bill required for the discounted rate of $2 per month.
OPEN INTERNET DISCLOSURE.
- THROTTLING. Data speeds on Cellcom’s Fixed Wireless Internet plans will automatically slow to a maximum of 1.5 mbps for the remainder of the bill cycle when usage reaches its high-speed data allotment. Customer may contact Customer Care to review plan options available. Ability to stream, video resolution, speed, and other data usage are not guaranteed, may vary, and may be impacted by a variety of other factors.
- PRIORITIZATION. If necessary, Cellcom may prioritize mobile wireless traffic over fixed wireless traffic. If so done, you may notice decreased speeds with the Services.
- Entire Agreement. These Terms and Conditions, together with all agreements and any other documents referenced herein, shall constitute the entire agreement between the parties; and no term or condition contained herein or therein may be modified or waived, except in writing signed by an authorized representative of Cellcom. The acceptance by Cellcom of any payment after it shall become due shall not constitute or be construed as a waiver of any or all of Cellcom’s rights hereunder.
- Assignment and Interpretation. These Terms and Conditions shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto; provided, however, that Customer may not assign this Agreement, or any or all rights or obligations hereunder, to any third party without the prior written consent of Cellcom. The interpretation of this Agreement shall be subject to the laws of the State of Wisconsin.
- Severability. The invalidity of any portion of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions hereof.
- Service Fee. Customer may change to other pricing plans available to existing customers, but the term of this Agreement will remain unchanged unless such term is otherwise extended under the terms of another pricing package selected by Customer.
- Technology Enhancements. Cellcom reserves the right to change your Cellcom Equipment’s software or programming, over the air, without notice.
- Cellcom conducts routine performance measures and testing of our network.