T-Mobile
Billing
You will be charged for Service and other features on a monthly billing
cycle basis and we may change your billing cycle at any time. You
agree to timely pay in full each month all charges and fees associated
with the Service, including without limit, monthly recurring Service
charges, charges described in Sec. 12, airtime, roaming, long distance,
toll, landline access, messages (whether read or unread, solicited or
unsolicited), images, sounds, data, features (such as Web access, text
messages, and voicemail), calling services (such as operator or
directory assistance and calling card use), additional or optional
services that you use or are processed through your Phone (or Number,
IP address, or e-mail address assigned to or authorized by you), and
you remain liable for payment even if a third party agrees to pay your
charges. You will be charged for more than one call when you use
certain features resulting in multiple inbound or outbound calls (such
as call forwarding, call waiting, voicemail retrieval, and conference
calling). All lines use and share the airtime and features included in
Family or other pooling plans. Mobile to mobile minutes are those used
between T-Mobile Phones while on the T-Mobile USA network (and not
roaming or affiliate networks). Except to the extent prohibited by law,
billing of roaming charges and minutes or Services used may be delayed
or applied against included minutes or Services in subsequent billing
cycles, which may cause you to exceed your included minutes or Services
in a particular billing cycle. Roaming and other call rating (such as
time of call) depend on the location of the network equipment providing
Service for a particular call and not the location of the Phone. For
billing purposes, you agree not to rely on indicators on your Phone
(such as roaming and call time), which may be inaccurate. UNUSED MINUTES OR OTHER ALLOTMENTS FROM YOUR RATE PLAN EXPIRE
AT THE END OF YOUR BILLING CYCLE AND DO NOT CARRY OVER TO SUBSEQUENT
BILLING CYCLES. PARTIAL MINUTES OF AIRTIME USAGE ARE ROUNDED UP AND
CHARGED, OR DEDUCTED FROM ANY INCLUDED MINUTES, AS FULL MINUTES;
AIRTIME USAGE IS MEASURED FROM THE TIME THE NETWORK BEGINS TO PROCESS
THE CALL (BEFORE THE PHONE RINGS OR THE CALL IS ANSWERED) THROUGH ITS
TERMINATION OF THE CALL (AFTER YOU HANG UP). FOR BILLING PURPOSES, THE
TIME OR DAY (SUCH AS NIGHTS AND WEEKENDS) OF AN ENTIRE CALL IS
DETERMINED BY THE TIME THE CALL STARTS. UNLESS OTHERWISE SPECIFIED IN
YOUR RATE PLAN MATERIALS, WEEKENDS ARE MIDNIGHT FRIDAY TO MIDNIGHT
SUNDAY. NIGHTS ARE 9:00 P.M. TO 6:59 A.M.
Changes to Contract and Contract Extension
You may request to switch to another rate plan, and if we authorize the
change, a transfer fee may apply and the new rates will become
effective by the start of your next billing cycle. Changes may
require your agreement to a new Term (if you select a promotional rate
plan or special Phone pricing) or new T&Cs. If we allow you to
temporarily suspend your account, you may continue to pay monthly
charges and we may extend the Term for the length of that suspension.
Company Imposed Charges and Fees
We may also bill you for regulatory and administrative fees
($0.86 per line per month as of 12/04) to recover our costs of
complying with certain regulatory mandates (in our discretion) and
Universal Service Fees ("USF") or similarly imposed charges (the amount
or method of calculation of these fees may change at any time without
notice to you) except to the extent prohibited by law. Regulatory and
administrative fees and USF are not taxes or government required
charges. We may impose regulatory and administrative fees whether or
not all or some services are used, or available to you, or in your
location. We are required to use the residential or business street
address you provided us to determine certain Taxes & Fees. If you
give us an address (such as a PO box) that is not a recognized street
address, does not identify the taxing jurisdictions applicable to the
address or does not reflect the service area associated with your
Number, you may be assigned a default location for Taxes & Fees
calculation, which may result in a higher or lower charge for certain
Taxes & Fees and you have 60 days from the date of the first bill
that contains disputed Taxes & Fees to notify us or you waive your
right to dispute those Taxes & Fees.
Company May Terminate Service
Coverage and Service Interruption
Your Phone operates as a radio and Service is only available
when your Phone is within range of an antenna providing Service.
Coverage maps only approximate our wireless coverage area outdoors;
actual service area, coverage, and quality may vary and change without
notice. There may be gaps in Service within the estimated coverage
areas shown on coverage maps. Even within a coverage area, factors,
such as: network changes, emergencies, traffic volume, transmission
limits, service outages, technical limitations, signal strength, your
equipment, interconnecting carriers, terrain, structures, weather and
other conditions (without limit) may interfere with actual service,
quality, and availability. Calls may be interrupted, dropped, refused,
or limited. Coverage maps may depict coverage in areas where networks
are operated by our affiliates and roaming partners; such coverage may
change without notice. We are not responsible for those networks and
some Services are not available on third-party networks or while
roaming. We may impose credit, usage, or other limits to Service,
cancel or suspend Service, or block certain types of calls, messages,
or sessions (such as international, 900, or 976 calls) at our
discretion. We may suspend Service without notice if you exceed any
credit limit. Service may not be transferred to another market except
at our discretion, and we may charge transfer fees. WE ARE NOT LIABLE
FOR ANY SERVICE LIMITS, FAILURES, OR OUTAGES, INCLUDING WITHOUT LIMIT,
THE FAILURE OF ALERTS, 9-1-1 EMERGENCY, PRIORITY ACCESS, OR SECURE
SERVICE CALLS TO BE CONNECTED OR COMPLETED, OR THE FAILURE TO PROVIDE ALERTS OR ACCURATELY LOCATE ANY 9-1-1 CALL (SEE SEC. 14). Location
services, including 9-1-1 location services, emergency or other alert
systems, priority access, and secure service calls may not be available
in your area and are subject to the Service limitations in this Sec. 6.
Early Termination Fees
If you select a rate plan with a fixed term longer than 1 month, then
this Agreement will continue for the full number of months selected
("Term"). You may cancel Service for any reason by providing
us with notice (we may require up to 30 days), which cancellation will
take effect on or before the beginning of the next billing cycle after
the notice period, BUT IF YOU CANCEL SERVICE OR BREACH THE AGREEMENT
BEFORE YOUR TERM ENDS, YOU AGREE THAT THE RESULTING HARM TO US IS
IMPRACTICABLE OR EXTREMELY DIFFICULT TO MEASURE AND YOU AGREE TO PAY US IN ADDITION TO AMOUNTS OWED, AS A REASONABLE ESTIMATE OF OUR HARM, A $200.00 CANCELLATION FEE PER NUMBER (which may be deducted from your
deposit or any amounts prepaid by you, charged to your card or billed
to your account). Our cost of providing your Service and Phone is not
incurred evenly over the Term. Our monthly charges and other rates are
based on the assumption that you will remain a customer for the whole
Term. You and we agree that it is reasonable for your rates to include
the amount of the cancellation fee.
How to Dispute Charges
If you believe your bill contains an incorrect charge, you have
60 days from the date of the first bill that contains the charge to
notify us or you waive any right to dispute the charge. To
notify us, please contact Customer Care at T-Mobile.com,
1-800-937-8997, or 611 from your Phone. We may require you to describe
the dispute in writing. Any written communications concerning charges
must be sent to the T-Mobile Customer Relations address in Sec. 2. If
you accept a credit to resolve an issue, you agree the issue is fully
resolved. If Customer Care does not resolve your dispute and you still
wish to pursue the matter, follow the dispute resolution process
described in Sec. 2. California customers: our Utility
number is U-3056-C; if you file a billing-related claim with the
Consumer Affairs Branch ("CAB") of the CPUC you must, within 24 hours
of filing, inform us by writing to the Customer Relations address in
Sec. 2 with sufficient information to identify you and your account. If
we resolve your dispute, your CAB claim will be deemed resolved at that
time, and you agree to promptly withdraw your claim with the CAB.
Number Portability
You may be able to transfer your Number to another wireless carrier or
to bring your number to us. For information about Number Portability,
please visit T-Mobile.com or contact Customer Care at 1-800-937-8997 or
611 from your Phone. You may not transfer your Number if your account
has been cancelled or suspended, or prepaid account expired. You
remain liable for charges incurred resulting from your Service with us
or service with your former carrier, including cancellation fees. If
you call 9-1-1 after you request a transfer, but before you receive
confirmation of completion, the 9-1-1 operator may not have accurate
information on your identity and location. You must inform the 9-1-1 operator of your identity and location immediately upon placing the call.
Payment
We may require payment before your due date if we are concerned
about your ability to pay us (such as when you have an unusually high
balance). For your payment to be deemed received by us and your account
to be timely credited, you must provide with your payment information
sufficient to identify you and your account (your account number).
If we accept late or partial payments or payments with limiting
notations, it will not waive any of our rights to collect all amounts
that you owe us and it will not be an accord and satisfaction. If we
agree to an alternate payment plan, we may confirm it in any manner,
including by electronic means. If your financial institution
dishonors or returns for insufficient funds your check or credit card,
it is a breach of this Agreement and we may (a) charge you a fee of
$20.00 or such amount as may be permitted by law, (b) stop accepting
checks, credit card or other similar payment methods from you, and (c)
immediately suspend or cancel your Service. We may use a collection
agency and charge you for their fees billed to us for trying to collect
what you owe us. Late Fees. You agree to pay 1.5% or $5.00 per
month (or portion of a month), whichever is greater, on any past due
balances until paid, subject to the highest amount permitted by law.
Except to the extent prohibited by law, this late fee may be charged
regardless of any disputes you may have raised regarding your invoiced
charges.
Privacy
Wireless systems use radios to transmit communications over a complex
network. We do not guarantee that your communications using the Service
or Products will be private or secure, and we are not liable to you for
any lack of privacy or security you may experience. You are responsible
for taking precautions and providing security measures best suited for
your situation and intended use of the Service. We may (but
are not required to) monitor, intercept, and disclose your
transmissions, location or communications and may disclose your
billing, account, calling records, or other information, in good faith
reliance on legal process, if required by law or to protect our rights,
business, network or customers. We may locate you through our network.
Your caller identification (such as your name and Number) even if
unlisted may be displayed to others (for example, on the equipment or
bill of the person receiving your call or any Internet site you visit.)
We may list your name, address, and Number in a published directory
with your consent. For more information on our privacy policies, please
see our privacy notice at www.t-mobile.com/privacy. The way third
parties handle and use your personal information is governed by their
policies and we are not responsible for their policies, or their
compliance with them.
Return Period
There is a Return Period during which you can cancel a newly activated line of Service without paying a cancellation fee. The Return Period is 14 calendar days from the date of Service activation
or 30 days from the Phone's purchase date if you have not activated
Service (the Return Period may be longer in some states, such as CA -
visit T-Mobile.com, or ask a sales or customer care representative).
Even if you cancel Service, you must pay all Service and other charges
incurred prior to cancellation. In order to receive a refund
of the purchase price (minus shipping and rebates) of your Phone, you
must return it in "like-new" condition with proof of purchase to the
place of purchase during the Return Period along with its original
packaging and contents. You may be required to pay a restocking fee.
The purchase price of your Phone may have been subsidized to facilitate
your subscription to the Service. If you cancel service and do
not return the Phone in "like-new" condition within the Return Period,
you will be charged for the difference between the full retail price of
the Phone without activation (which may be more than the price with
Service activation) and the price you paid for the Phone (minus rebate).
This Sec. 5 does not apply to Phone upgrade, replacement, exchange, or
other similar programs; see those program materials for details.
Roaming
Stolen or Lost Phones
If your Phone is lost or stolen ("Lost Phone") you will not be liable
for unauthorized airtime charges incurred on the Lost Phone if you: (a)
notify us immediately; (b) ask us to deactivate the Lost Phone; and (c)
provide within 14 days any documentation we request, including a police
report. You must fulfill the remainder of your Term by
activating a replacement Phone (which may be full price) or the
cancellation fee will apply.
Taxes and Fees not Imposed by the Company
We bill you for taxes, fees, and other charges (such as sales,
use, excise, public utility and other taxes) levied by or remitted to
domestic or foreign governments or authorities and imposed on you or us
as a result of providing the Service or your Phone ("Taxes &
Fees"). Any tax exemption only applies after the date we receive from
you acceptable documentation. We will determine, in our discretion, the
type and amount of the Taxes & Fees to be billed. These Taxes &
Fees may change at any time without notice.
