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The University of Toledo Rocket Wireless Cellular Services
General Terms and Conditions Agreement
You are a customer of The University of Toledo through its Rocket Wireless Office (“Rocket Wireless” or “we”) and should conduct all business with the Rocket Wireless Office located on the main campus of The University of Toledo. Rocket Wireless purchases wireless services from Verizon, Sprint and AT&T in bulk to modify into the plan packages we resell and offer to Employees, Alumni, and Registered students (“Services”).
Definitions: You”, “your”, and “customer” are defined as the person who subscribes to cellular services from Rocket Wireless. “We”, “Rocket Wireless”, and “our” are defined as The University of Toledo’s Rocket Wireless Department. “Services” are defined as wireless telephone and internet access.
‘(1) “Monthly Reoccurring Charges” (MRC) are defined as the standard, non-variable fee you have agreed to pay. “One Time Charges (OTC)” are defined as variable monthly fees based on your usage
About this Agreement: By using any Rocket Wireless services, you are agreeing to the terms and conditions in this Agreement. We may change this Agreement at any time. We will notify you of any changes. You have accepted the changes if you use the Services after you receive a notice. If you do not accept the changes, you may terminate this Agreement by giving us notice, in which case you will not be subject to an early cancellation fee. You will still be responsible for all charges (monthly reoccurring, one time charges, etc.) incurred prior to your termination of this Agreement.
About Tariffs: The provisions of local exchange and long distance are frequently governed by federal or state tariffs, while the provision of wireless telephone and internet access services are typically not governed by tariffs. This Agreement and The University of Toledo’s provision of Communication Services are subject to the provisions of any applicable federal or state tariffs.
Term: You agree to subscribe to the Services for one year (12 consecutive months) (“Term”), beginning immediately upon activation or modification of your Services. Upon the end of the term, you will be required to select a then current plan or request your services to be ported to the carrier of your choice.
Alternate Term: some plans may require a two year (24 consecutive months).
Termination By Customer: If you terminate the Services before the end of the Term, then you will be require to pay Rocket Wireless an early termination fee in the amount of $200.00 per line terminated. In addition, you will remain liable for all outstanding MRC and OTC’s.
Termination By Rocket Wireless: We may interrupt, suspend or terminate your Services if you breach any provision of this Agreement including non-payment or our inability to deduct for payment or if you use the Services in a manner that adversely affects service to other customers or harasses our customers or employees or if you or others use your Services to engage in fraud or unlawful conduct or are suspected of doing so. In our discretion, we may restore such interrupted or terminate service following correction of the violation and payment of any amount due, including a restoration charge for restoring your Services.
Charges for Services: You are responsible for paying all applicable charges to your account, including but not limited to access, airtime, features, roaming, toll, long distance, directory assistance, downloads and the cost of equipment. You are responsible for paying any and all taxes, surcharges, fees, and assessments in connection with the Services. Airtime usage on each call will be measured and billed in full minute increments, with a minimum charge of one minute per call. Partial minutes of uses are rounded up to the next full minute. Unused plan minutes are not carried over to subsequent monthly billing cycles. The length of a call will be measured from when you initiate it until when you terminate the call. Long distances calls may have an additional fee if you are roaming. Rates while roaming outside of your service area may be different than your plan rates. Rates during peak hours may be higher than rates during off-peak hours. Use of customer calling features, text messages, picture messages, data, voicemail, downloads and three-way calling will be billed in accordance with the selected plan, if not included or if over the allowed monthly usage/minutes these items will be billed in accordance with other one-time charges (OTC).
Payment for Services: We will bill you monthly for all charges associated with your Services; payment in full is due no later than the due date indicated on your bill. You agree to pay a late fee of $15.00 if we are unable to collect your payment upon first attempt. If we are denied a second time, the Services will be suspended and you will be notified via the email address on file. If you do not provide another means of acceptable payment within five days, Services will be terminated. You agree to pay reasonable costs and fees we incur while trying to collect an unpaid balance from you including reasonable attorney’s fees and any costs. Late fees are subjected to increase without notice.
Internet Access Services: If you subscribe to the Internet Access, then you agree to abide by The University of Toledo’s Acceptable Use Policy. Launching the web browser on your phone is billable based on the amount of data used and in accordance with the service plan you select.
Telephone Numbers and Number Portability: Rocket Wireless will assign your telephone number(s) in connection with the service plan you have selected. You have no proprietary right to any such identifies, and we reserve the right to change them upon notice to you. The University will only allow other local cellular carrier’s numbers to be ported in our programs. If you wish to have your number ported to another carrier, you must contact Rocket Wireless directly to have your number released and ensure proper termination of the Services.
Privacy: We cannot assure the privacy of your communications or your use of Services. Rocket Wireless will not be liable for any lack of privacy that you may experience with regard to Services. You authorize us to monitor and record communications to us regarding your account. You acknowledge that we are subject to Ohio Revised Code Section 149.43 pertaining to Ohio’s public records laws.
Theft and Fraud: If your Services or equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss, theft, or misuse. You must contact The University of Toledo Rocket Wireless office at 419-530-4807 to report the loss or theft of your Services or equipment. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request, including affidavits and police reports, as required.
Limitation of Liability: Neither party‘s liability for damages, whether in contract or in tort, will exceed the total amount of compensation payable to Rocket Wireless under this Agreement. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, EVEN IF WE WERE ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NEVER BE LIABLE FOR DAMAGES TO ANY THIRD PARTY.
Disclaimer of Warranties: We make no warranty regarding the Services and disclaim any implied warranty, including any warranties of merchantability or fitness for a particular purpose. We do not manufacture equipment or software and so your only warranties and representations with respect to equipment or software are those provided by the manufacturer, if any.
Entire Agreement: This Agreement together with the Service Order supersedes any and all agreements, both oral and written between the parties, and contains all of the covenants and agreements between the parties. Each party acknowledges that no representations, inducements, promises, or agreements written or oral have been made by either party or by anyone acting on behalf of either party, that are not embodied in this Agreement. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
Assignment: We may assign this Agreement to another entity without notice to you. You may not assign this Agreement.
No Waiver: The delay or failure of either party to exercise any of its rights under this Agreement for a breach thereof will not be deemed to be a waiver of such rights, nor will the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise.
Severability: The provisions of this Agreement are divisible. If any such provision will be deemed invalid, illegal, or unenforceable in any respect, by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement will be construed as if the invalid, illegal, or unenforceable provision had never been contained herein, unless such severance would cause this Agreement to fail of its essential purpose.
Governing Law: The laws of the state of Ohio shall govern this Agreement, and any claim brought under this Agreement shall be brought in a competent court in the state of Ohio.
How Services Work: Wireless phones use radio transmissions, so we cannot provide Services when your wireless phone is not within range of one of your carrier’s transmissions sites, or a transmission site of another company that has agreed to carry your calls, or if there is not sufficient network capacity available at that moment. There are places, particularly in remote areas, with no Services at all. Weather, topography, buildings, your wireless phone, and other conditions we do not control may also cause dropped calls or other problems.
Airtime Minutes: Anytime minutes, Unlimited mobile-to-mobile minutes (PCS to PCS; Verizon IN), and Night and weekend minutes may be used from anywhere in the coverage area. These minutes include nationwide long-distance for all calls originating from the coverage area. Roaming fees will apply for calls outside of the United States.
(2) One Time Charges (OTC): Minutes over plan will be billed at $0.45 per minutes; Messaging over plan will be billed at $0.25 each; Pictures over plan will be billed at $0.30 each; Int’l text over plan will be billed at $0.50 each; $2.25 Directory Assistance; Downloads are cost plus 11%; Data over plan will be billed at $13.00 per GB, $2.50 per MB, $0.05 per KB, depending on carrier. All Int’l talk and data will be billed at cost plus 11%
(3) Monthly Payment Authorization: If Payroll Deduction:I authorize The University of Toledo to deduct from my University paycheck on a monthly basis, any amounts incurred under my Rocket Wireless account(s). I understand that I am responsible for the amounts incurred on my account under the Rocket Wireless agreement and that all amounts incurred in a single month must be deducted in full each month and may not be divided into smaller future deductions. I also understand that I may elect to discontinue payroll deduction at anytime. I further understand that withdrawal from payroll deduction will require me to provide credit card information or elect to terminate services. If I terminate services, I agree to pay any applicable termination fees and have these fees deducted from my university payroll. I understand that I will not be able to continue with Rocket Wireless if I do not have either Payroll Deduction or automatic Credit Card payment and all applicable termination fees would apply.
If Credit Card Deduction: I authorize The University of Toledo to deduct from my credit card on a monthly basis, any amounts incurred under my Rocket Wireless account(s). I understand that I am responsible for the amounts incurred on my account under the Rocket Wireless agreement and that all amounts incurred in a single month must be deducted in full each month and may not be divided into smaller future deductions. To participate in the Rocket Wireless program I must have my monthly charges automatically withdrawn from my credit card. If I choose to discontinue automatic deductions then I understand that I will not be able to continue with Rocket Wireless and all applicable termination fees would apply.
(4) Processing Fees: $15 Fee to change your mobile number (per line); $15 processing fee per all new lines; $15 processing fee for plan renewals/service changes