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MTA Wireless Coverage Area
MTA Wireless Service Agreement
This Service Agreement ("Agreement") sets forth the terms and conditions on which we agree to provide and you agree to accept any of our products or services, including wireless services (collectively "Services"). In this Agreement, the words "we," "us," or "our" refer to MTA Communications, Inc., and the words “you” and “your” refer to the customer identified in this Agreement. You accept the terms and conditions of this Agreement if you do any of the following: (i) sign this Agreement; (ii) accept this Agreement through an oral or electronic statement; (iii) attempt to use any of our Services; (iv) pay for any of our Services; or (v) open any materials or package that says you are accepting this Agreement when you open it. You represent that you are of legal age to enter into this Agreement.
SERVICE TERM
You must maintain wireless services with us for the minimum period (“Service Term”) specified in this Agreement. Upon completion of the Service Term, your Services will continue on a month-to-month basis unless you have agreed to extend the term for an additional period(s). If you elect to change any of your Services during this Service Term, you may be required to extend the Service Term or pay an Early Termination Fee (“ETF”), in addition to other charges. If you change any of your Services, your bill will be prorated. If you fail to maintain wireless services with us throughout the Service Term, you will be charged an ETF. The ETF is the greater of two-hundred-fifty dollars ($250.00) or such other amount specified elsewhere in this Agreement.
NATIONWIDE PLAN TERMS
A six (6) month service agreement is required. Call Nationwide Plan minutes may be increased at any time; however, a $250 early termination fee will be applied for decreasing Plan minutes or disconnecting the Plan during the six (6) month service agreement period. The terms and conditions of the Call Nationwide Plan are subject to change at any time without prior notice. Additional airtime minutes for the Call Nationwide Plan are billed at 40 cents per minute. Calls made to directory or operator assistance are subject to additional charges.
CREDIT CHECK; CREDIT LIMIT; DEPOSITS
You agree that we may check your credit history prior to activating any Service. You must have and maintain satisfactory credit to receive our Services. We may set a credit limit ("Limit") on your account based on your credit or payment history. If we do, we will inform you of your Limit as well as any changes to your Limit. We may suspend your Services without prior notice if your account balance exceeds your Limit, even if your account is not past due. Services may be restored upon payment of a reconnection fee, any past due amounts and an amount that brings the account balance below the Limit. To establish or maintain your account, you may be required to put down a deposit that we will hold as partial guarantee of payment for the Services. We may change the deposit amount at any time based on your credit or payment history. You may not use the deposit to pay any bill or delay any payment. Interest paid on your deposit, if any, is solely at our discretion. Upon termination of your Services, we may apply your deposit to any outstanding charges and return any remaining deposit to you at your last known address. If your deposit is returned to us, you have one year from the date of the initial mailing to reclaim your deposit.
COVERAGE
Our coverage map, which may change represents those areas within Alaska where our Services are available. We do not guarantee that coverage will be available everywhere within our coverage area or that coverage will be available at all times. The actual coverage and quality of the Services may be affected by conditions beyond our control, including network problems, software, signal strength, buildings, atmospheric, geographic, topographic conditions, or wireless device used to access our Services.
USING SERVICES
You agree not to use our Services in an unlawful, fraudulent or abusive manner. You are responsible for evaluating any third party accessible through our Services, including internet access. We are not responsible for anything provided by such third parties. You are responsible for any use of our Services on your account, whether the Services were used by you or others. Any reselling of our Services is prohibited.
CHARGES
You will be billed based on the terms of your Service Plan including monthly recurring charges and charges based on actual usage (including charges for long distance, Roaming, etc.). Whether you initiate or receive a call, you will be charged for the number of minutes used beginning from the time a connection is made to the time you disconnect, rounded up to the next minute. In some cases you will be charged for voice calls (i) you initiate even if you get a busy signal, and (ii) others make to you, even if you don’t pick up. Internet access may be available depending on your Handset. Internet usage is charged based on minutes used. Content downloads (e.g. ringtones, backgrounds, and multimedia messages) are subject to additional per-use charges.
TAXES AND SURCHARGES
Unless you provide us with valid tax exempt documentation, we will bill you for any taxes, fees and other charges assessed by or remitted directly to federal, state, local or foreign governments including, without limitation, sales, gross receipts, Universal Service, use, and excise taxes. Tax exemptions are not retroactive. In addition, you will also be billed for any surcharges related to government programs such as number pooling and portability, and Enhanced 911 service.
ROAMING
Roaming coverage is available with most Handsets and will result in additional charges to your account unless your Service Plan specifically includes Roaming. Depending on your Handset configuration, your Handset may Roam automatically if there is a gap or interruption in coverage within our coverage areas. Certain features and services may not be available in Roaming coverage areas (including voicemail, call waiting, call forwarding, web access, etc.). Additionally, certain plans and/or phones preclude roaming or are restricted to local service only.
TEXT MESSAGING
You may incur charges in accessing, sending or receiving messages on your Handset. We may limit the number of voicemail, text, email or other messages that can be retained on any account.
PRODUCT WARRANTIES
We do not manufacture any of the Handsets or accessories (collectively, “Products”) that we sell and you agree that we have no responsibility should there be any defect in any Product purchased from us. Any Product warranty you may have is with the respective Product manufacturer. We will, and as a matter of goodwill, accept the return of any defective Handset within fifteen (15) days from date of purchase to be replaced with a Handset of equal value; provided it is returned with all its accessories, documentation and original packaging undamaged in any way (no rips, tears, markings, etc.), and the returned Handset has fewer than fifteen (15) minutes of use (as verified by us). In all cases you must have your original sales receipt. In the event your Handset is returned to the manufacturer for repair, we may offer you a “temporary loaner” Handset for a nominal charge. Optionally, you may discontinue service but do so with the understanding that you are monetarily responsible for completing any outstanding equipment or plan contracts.
REPAIR FEE
In the event your handset needs to be sent in for repair under the Manufacturer’s warranty, we may offer you a “temporary loaner” handset for a nominal fee. This repair fee covers postage and handling, repairs on your handset through the Repair Center, and the use of one of our “loaner” phones. You may elect to send your handset into repair on your own to avoid this repair fee, but no loaner will be given. MTA Communications, Inc. sends the handsets in as a courtesy to our customers. This does not mean your phone will be repaired through the Warranty Center. If the Warranty Center deems the handset is not covered under warranty specifications, they may elect to fix your phone for an additional charge, which is not covered by the repair fee. The Manufacturer warranty does not cover liquid damage or customer abuse on the handsets.
LOST OR STOLEN HANDSET
You agree to notify us immediately if your Handset is lost or stolen. All charges incurred on your account prior to you notifying us of the loss or theft is your responsibility. You agree to cooperate with us to investigate any suspected unlawful or fraudulent use. Unless you have purchased an optional Wireless Protection Plan, you may be required to purchase a new Handset at full replacement cost.
WIRELESS PROTECTION PROGRAM
If you purchased an optional Wireless Protection Program, your Handset is protected against theft, fire, vandalism, accidental loss or liquid damage, and manufacturer’s defects (upon expiration of the manufacturer’s warranty), subject to the terms and conditions of that Program.
BILLING AND PAYMENT
You will be billed monthly but the billing dates are subject to change. Any recurring charges for Services will be billed one month in advance. All other charges are billed in the month following incurrence, but in some cases may be applied to a subsequent billing. You are responsible for all charges associated with your account and you must pay all charges by the due date on the bill. Any past due amount will accrue interest until paid at the rate of 1.5% per month, or the highest rate allowed by law, and may result in a suspension of your Services. If we suspend your Services for nonpayment, you may be assessed a reconnection fee. If you agree to any auto-payment option through your bank or credit account, we may initiate payment from your account for all amounts we bill you without additional authorization or notice. Based on your credit or payment history, we may require certain forms of guaranteed payment as a condition of maintaining Services. You may be charged additional fees if your payment is denied by a financial institution. Acceptance of less than full payment shall not waive our right to collect all amounts that you owe us. Any disputed charges must be brought to our attention within thirty (30) days of the bill date. You agree to accept all charges not disputed within this time period.
WIRELESS PHONE RETURNS
If unused can be refunded for full credit, or exchanged with full credit applied. Terms of refund may vary, based upon the form of original payment within 15 days. If due to manufacturer defect, phone must show 15 or fewer minutes of usage and return must be accomplished within 15 days of sale. Phone may be replaced with a like phone of equal value and quality. Terms of exchange may vary. Must be in original box with manual, battery, charger and any other items that came with the phone, and the box can not be MARRED or DAMAGED in any way; e.g., no tape, writing, stickers of any sort, etc.
WIRELESS ACCESSORIES RETURNS
If packing is unopened and accessory is clearly unused, can be refunded for full credit, or exchanged with full credit applied to account. Terms of refund may vary, based upon the form of original payment within 30 days. Software, cables sales and Bluetooth hands-free devices are final – no exchange or refund. If due to manufacturer defect, and within 90 days of sale, accessory can be exchanged for full credit towards same item.
TERMINATION OF SERVICES
If you fail to pay on time or default in any other way, we may terminate your Services with prior notice to you and, in certain instances, without notice. You may terminate your Services at any time with prior notice to us. If you terminate your wireless services prior to the end of the Service Term or if we terminate your wireless services for cause, you will be charged an ETF. We will not charge an ETF for Service Plans provided on a month-to-month basis. If you terminate any Service before the end of your current billing period, no credit or refund will be given for any unused prepaid Services.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OF WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE SERVICES PROVIDED HEREUNDER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS.
LIMITATION OF LIABILITY
We are not liable for any damages arising out of or related to: (i) providing or failing to provide the Services, including any deficiencies or problems with your Handset, our network coverage or the Services (e.g., dropped, blocked, interrupted calls/messages, etc.); (ii) traffic or other accidents, or any health-related claims allegedly arising from the use of the Services or any Product; (iii) content or information accessed while using our Services, such as through the internet; (iv) interruption or failure in accessing or attempting to access emergency services from your Handset, including through 911, E911 or otherwise; (v) any act or omission by you; or (vi) events due to factors beyond our control, including labor dispute, governmental action, war, terrorist attack, fire, flood, earthquake, or acts of God (including but not limited to weather conditions). In the event we are found to be responsible to you for any monetary damages relating to the Services hereunder (including any related Product we may have provided or sold to you), you agree that any such damages shall not exceed the prorated monthly recurring charge for your Services during the affected period. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
DISPUTES
You and we agree to arbitrate any and all claims, controversies or disputes against each other arising out of or relating to this Agreement whether it arises during the term of this Agreement or after the Services have been terminated, and including any claims brought by you against our employees, affiliates, parent or agents, or that we may bring against you (collectively, "Disputes"). This provision does not prevent either you or us from bringing appropriate claims in small claims court. Arbitration shall take place in Anchorage, Alaska under the rules then prevailing of the American Arbitration Association by one arbitrator in accordance with those rules. We will choose in good faith an arbitrator with knowledge relevant to the subject matter of the Dispute. The arbitrator shall apply Alaska law to the merits of any Dispute without reference to Alaska’s conflicts of law rules. You agree to pay your arbitration costs and we agree to pay our arbitration costs. The arbitrator's decision and award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If either party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys' fees. You and we further agree that in the event this arbitration provision does not apply to a Dispute, you and we agree to waive trial by jury.
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time upon thirty (30) days written notice to you. If you use any of our Services after the effective date of the changes, you accept the changes. If we change a material term of this Agreement and such change has a material adverse effect on you, you may terminate this Agreement without incurring an ETF provided you notify us prior to the effective date of such change. You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this section does not apply to any increases in such taxes, Universal Service fees or other charges.
MISCELLANEOUS
You may notify us by calling us at (907) 745-3211 or (800) 478-3211 or www.mtasolutions.com, or use these numbers to get our current address for written notice. We may notify you in writing at your last known address, or by calling you and leaving a voice message on your Handset or home phone. Properly addressed written notices are effective three (3) days after deposit in the U.S. Mail, postage prepaid. This Agreement is governed by and shall be construed under the laws of the State of Alaska, without regard to choice of law principles. If we fail to enforce any provision of this Agreement on any one occasion, it shall not constitute a permanent waiver of such provision, or waive our right to later enforce that provision. If any part of this Agreement is held invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. The section headings in this Agreement are for reference purposes only. You may not assign this Agreement to any person or entity without our prior written approval. This Agreement constitutes the entire agreement between you and us relative to the subject matter herein and supersedes any previous agreements or understandings, whether verbal or written, between us with respect to the subject matter herein.
No overage charges
