Cingular
Billing
We will provide your bill in a format we choose, which may change from
time to time. Payment of all charges is due upon receipt of invoice or,
if a dollar limit is placed on your account, upon notice by us that
your account has exceeded the limit.* A fee may be charged for
additional copies of bills, or billing in another format, including the
detailed billing option, and certain services rendered at our stores.
You will receive one bill for all Service associated with each Device
and any charges of a third party on whose behalf we bill. Billing cycle
end dates may change from time to time. When a billing cycle covers
less than or more than a full month, we may make reasonable adjustments
and prorations. If you have authorized payment by credit card, no
additional notice or consent will be required for billings to that
credit card for all amounts (including late charges and cancellation
fees). You must promptly notify us of any change in your invoicing
address or changes related to the credit card used for payment. Your
payment obligations survive any termination of this Agreement.
Changes to Contract and Contract Extension
The term of this Agreement for each Identifier begins on the date we
activate Service for that Identifier or the date you accept a benefit
that extends or renews the term and ends when Service for that
Identifier is terminated.
Company Imposed Charges and Fees
In addition to other charges, you may also be assessed a Regulatory
Programs Fee, which is a monthly charge created, assessed and collected
by Cingular Wireless to help defray our costs for compliance with
various regulatory requirements which include, but are not limited to,
the capability to provide wireless number portability, number pooling
and 911 enhancements in our network, which may not yet be available to
subscribers in your area. Some of these programs may not yet be
available to subscribers. This fee is not a tax or a
government-required charge. In our discretion, we may change the amount
of the Regulatory Programs Fee.
Company May Terminate Service
Coverage and Service Interruption
Service is normally available to your Device when it is within the
operating range of our system but may be available outside of that area
in other participating carrier service areas. Service is subject to
transmission limitation, reduction in transmission speed, or
interruption caused by weather, your equipment, terrain, obstructions
such as trees or buildings, or other conditions. Service may be limited
in some areas where coverage is not available or may be temporarily
limited or interrupted due to system capacity limitations, system
repairs or modifications, or in response to suspected fraud, abuse,
misuse of the network, hacking or malicious viruses or violations of
our Acceptable Use Policy. Interruption may also result from nonpayment
of charges by you. We may block access to certain categories of numbers
(e.g. 976, 900 and certain international destinations) or certain web
sites if, in our sole discretion, we are experiencing excessive
billing, collection, fraud problems or other misuse of our network. We
may, but do not have an obligation to, refuse to transmit any
information through the Service and may screen and delete information
prior to delivery to you or the Device as permitted by law. Some
aspects of the Service may be temporarily unavailable if personal
information is provided by a child under the age of 13. Without
parental consent, children under the age of 13 will not be able to use
certain aspects of the Service. Devices may be incompatible with TTY,
so TTY users may be unable to make emergency calls. TTY availability on
our network does not indicate compatibility while using another
carrier's network.
Early Termination Fees
UNLESS WE AGREE OTHERWISE, YOU AGREE TO AN INITIAL TERM OF ONE YEAR
AND AGREE TO PURCHASE SERVICE FOR THE FULL INITIAL TERM. If we allow
you to suspend your account for a temporary period, we may extend the
term of your Agreement by the length of the temporary suspension. After
the initial one year term expires, this Agreement will continue on a
month to month basis until terminated by either party as provided
herein. IF YOU TERMINATE SERVICE FOR ANY IDENTIFIER MORE THAN 30 DAYS
AFTER YOUR ORIGINAL ACTIVATION DATE FOR THAT IDENTIFIER, BUT BEFORE THE
END OF YOUR TERM, OR WE TERMINATE FOLLOWING YOUR DEFAULT, YOU WILL BE
IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR DAMAGES WILL BE
DIFFICULT OR IMPOSSIBLE TO DETERMINE AND AGREE TO PAY US, AS A
REASONABLE ESTIMATE OF OUR DAMAGES AND IN ADDITION TO ALL OTHER AMOUNTS
OWING, A CANCELLATION FEE IN AN AMOUNT EQUAL TO THE GREATER OF $175 PER
IDENTIFIER OR THE CANCELLATION FEE SET FORTH IN YOUR RATE PLAN AND YOU
MAY NOT BE ELIGIBLE FOR NEW CUSTOMER PROMOTIONS IN THE FUTURE. Payment
of the cancellation fee will not relieve you of any obligations owed to
us prior to the termination date, including payment of fees and costs.
For any termination (including when you switch your wireless number to
another carrier), you will be responsible for payment of all fees and
charges through the end of the billing cycle in which termination
occurs.
How to Dispute Charges
Unless prohibited by law, all communications concerning disputed
amounts owed, including any instrument tendered as full satisfaction of
the amounts owed, or stipulating any other conditional action,
agreement or proposed resolution of any dispute must be (i) in writing,
(ii) marked "Billing Dispute" on the outside of the envelope, (iii)
sent to the address provided in the Notices section below, and (iv)
received by us within 60 days** after receipt of the invoice.
Cingular Wireless National Correspondence Team, P.O. Box 68055, Anaheim Hills, CA 92817-8055
Number Portability
Payment
Time is of the essence for payment. Therefore, to the extent permitted by law, you agree to pay us a late fee for amounts unpaid 22 days after the date the invoice was mailed of 1.5%
(AK 0.875%, AR 0.42%, NE 1.33%, WI 1.0%) a month. Acceptance of late or
partial payments (even if marked "Paid in Full") shall not waive any of
our rights to collect the full amount you owe to us. For any check
or electronic payment returned for nonpayment or for any credit card
chargebacks, we will assess an additional fee not to exceed $25, or
such lower amount as permitted by applicable law* and we may, without
notice to you, suspend Service and/or terminate this Agreement, in
addition to all other remedies. All amounts due, including disputed
amounts, must be paid by the due date regardless of the status of any
objection (Puerto Rico residents, see Billing and Payment paragraph).
Payments will be applied first to amounts owed to us and then to
amounts owed to third parties.
Privacy
Cingular Privacy Policy cingular.com/privacy
Return Period
Cingular provides a 30-day return/exchange period of devices (phones, PDAs, and
other wireless communications instruments) and accessories. One exchange of a
device is allowed per wireless service activation or upgrade, and one exchange
of an accessory per purchase. The 30-day period for customers migrating or
porting-in begins
on the day the port is complete. Customers purchasing via Cingular.com should
send returns to the Cingular warehouse at:
Cingular Wireless
Attn: Returns Center
13550 Independence Parkway
Fort Worth, Texas 76177
Do not return your device after 30 days of purchase. If you return your
device after 30 days of purchase, you will not be entitled to a refund
and your device will not be returned to you.
Cingular will waive early termination fees for service terminated within the
return period, provided that the device(s) associated with such service are
returned within the return period. Gift and ringtone cards are not refundable.
In the event a customer returns their device and cancels service within applicable
timeframe, all other charges will apply, but monthly service charges shall
be re-rated and assessed based on the usage and the number of days that the
customer had service. Any consumer that cancels service within 3 days will
be refunded the activation fees paid.
An early termination fee of $175 applies. If phone is returned within 3
days, activation fee will be refunded. If phone is returned within 30
days in like-new condition with all components, early termination fee
will be waived. All other charges apply. For complete details, refer to
your terms and conditions.
All devices and accessories must be returned to the original place of purchase.
Devices purchased at a Company-owned retail store can be returned at any other
Company-owned retail store with an original receipt.
Customers that upgrade or purchase through an agent or national retailer should
return back to that location for return details.
To receive a full refund for the return of a device or accessory, merchandise
must be in like-new condition with no visible damage. Customers returning a
device shall not be entitled to receive any rebate associated with such device.
A twenty-five dollar ($25.00) fee for voice-centric devices and fifty-dollar
($50.00) fee for data-centric devices shall be charged for any device returned
without all accessory components (such as manuals, packaging, battery, charger,
ear bud, etc.). Purchase price of the device and accessories will be used to
determine the refund amount. Exchanges for other device/accessory with different
retail prices than the initial device/accessory will require payment for the
difference for a higher priced item or result in a credit for a lower priced
item. If the customer wishes to keep the device but not the service, Customer
shall have the option to keep the device at the no commitment price. Phones
delivered pursuant to insurance claims cannot be returned or exchanged under
our Return Policy, but Equipment Warranty rules may apply. This policy does
not cover warranty return rules or defective products from the manufacturer.
Refunds will be issued based on the method of payment. Refunds for check purchase
will have a 10- business-day waiting period before a check or cash refund.
Funds deposited into a GoPhone account are not refundable or redeemable for cash or credit,
during or after the 30–day return period. A twenty-five dollar ($25.00) processing fee shall be charged for the return
of a GoPhone Pay As You Go phone, if the starter kit activation PIN has been revealed.
GoPhone Pay As You Go starter kits sold separately and refill cards are non-returnable if
the PIN has been revealed. GoPhone Pay As You Go electronic refill PINs and direct replenishments
are non-returnable as the PIN is revealed at point-of-purchase. The charge
for the return of a GoPhone Pay As You Go phone or starter kit is in addition to the charge
for missing components.
Roaming
You will be billed at domestic airtime or roaming rates for 800,
866, 877, 888, and other "toll free" calls. Cingular Wireless will be
your wireless long distance provider. When using any GSM/GPRS, EDGE or
UMTS network owned and operated by Cingular Wireless, for all incoming
and outgoing voice Service, the length of the call will be measured
during the time that the call is connected to our system, which is
approximately from the time you press the button that initiates or
answers a call until approximately the time the first party terminates
the call. When using any other network owned and operated by Cingular
Wireless, for all incoming and outgoing voice Service, the length of
the call will be measured during the time that the call is connected to
our system, which is approximately from the time you press the button
that initiates an outgoing call or approximately when the Device starts
ringing for incoming calls until approximately the time you press the
button that terminates the call. On all of our owned and operated
networks, voice Service on each call is billed in full minute
increments, with partial minutes of use rounded up to the next full
minute. When you place a call on our owned and operated network in your
local area and it is dropped by our system, if you replace the call
within a reasonable period of time, we will automatically credit your
account for one minute of airtime. When using the TDMA or analog
networks you will only be provided a credit if your included minutes
have been depleted. For any other dropped calls, contact Customer Care.
If an incoming call has been forwarded to another phone number, you
will be charged for the entire time that our switch handles the call.
While on our owned and operated network, there is no charge for busy or
unanswered calls if you end the call within 30 seconds. Service may be
billed in a subsequent month due to delayed reporting between carriers
and will be charged as if used in the month billed.
Stolen or Lost Phones
From Cingular Customer Service: http://www.cingular.com/customer_service/common_phone_lost
If your phone is lost or stolen, you can suspend your wireless service to protect against unauthorized charges.
You will be responsible for any charges incurred until you provide the police report number to
Customer Care.
To suspend your phone, log in to My Account and select Report Lost/Stolen Phone
under My Phone. You can also contact Customer Care at 800-331-0500.
No incoming or outgoing calls can be placed or received using your phone. Monthly charges will continue to be
assessed while the phone is suspended.
In the case of a stolen phone, report the theft to the police and obtain a police report number before calling
Customer Care.
Taxes and Fees not Imposed by the Company
Various taxes, surcharges, fees, and other assessments (e.g.,
universal connectivity charge) are imposed by governments relating to
the Service we provide to you, goods or services you purchase, and the
wireless network and equipment used in providing the Service. We will
determine, in our reasonable discretion, the taxes and other
assessments that you are responsible to pay and the amounts of such
charges, which may vary. You are responsible for paying these taxes and
other assessments, regardless of whether they are assessed on you or us.
To determine which jurisdictions' wireless telecommunications service
taxes and other assessments to collect, federal law requires us to
obtain your Place of Primary Use ("PPU"), which must be your
residential or business street address and must be within our licensed
service area. You agree to provide us your PPU and to notify us of any
changes in your PPU. If you do not provide us with an appropriate PPU,
we may reasonably designate one for you. On certain Rate Plans, your
PPU must be your residential address.
