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 TERMS: You have been given an equipment discount of $100.00. You will earn this full discount, if you maintain your service in good standing with InTouch America under a qualifying rate plan for 12 months. If you terminate your service for any reason before 12 months, you must return the device in good working condition to InTouch America at 18535 Ventura Blvd, Tarzana, CA 91365 or you will be charged for the equipment discount in full. You have a 14-day risk-free trial period. A $35 restocking fee applies if you return the phone after your 14-day trial period.
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. F) There will be a $15 fee to add or remove optional features, change of equipment or sim card (IMEI change), change carriers, temporarily suspend or reactivate service, or change an access number, per change. G) Subscriber will be billed in advance for all recurring charges and in arrears for airtime usage, tolls and roamer charges. I) If you dispute a credit card charge and lose your case; you will be charged an $35 administrative fee. J) There is a $25 charge for NSF checks.
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. Available on post-paid customers only. No prepaid call detail will be provided.
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 $36 to reconnect service in addition to outstanding charges. 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.
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. DIGITAL ACKNOWLEDGMENT: This document will become binding and enforceable upon activation of new service with ITA.
9. CONTRACT TERM: The contract term for each item provided is THIRTY (30 DAYS) unless otherwise stated in the front of this agreement. The customer is responsible for payment of outstanding charges for the period during which service was rendered. Contract will renew automatically for successive THIRTY (30 DAY) periods, unless cancelled in writing before a new monthly term. Additional terms for any free or discounted phone if applicable are stated on the front page of this agreement. Customer is responsible to pay in full for each month. No daily prorations will be given in case of early cancellation.
10. TERMINATION: Termination must be done in writing. Only the subscriber can terminate service. 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. If you choose to transfer your mobile number to another provider; you will be charged a one-time $25 porting fee.
11. REGULATIONS: The subscriber agrees that a copy/fax/email/DocuSign of the signed original shall be binding on the subscriber and have the same force and affect as the signed original.