GENERAL

TC Wireless’s (TCW) services and facilities are furnished for communications originating within the United States. TCW services and facilities are available twenty four (24) hours per day, seven (7) days per week.

These terms and conditions are subject to change at TCW’s discretion. Any revisions will be made available to the Customer on our website.

TCW arranges for installation, operation, and maintenance of the communications service for Customer’s and may act as the Customer’s agent for ordering any facility or service provided by other carriers or entities, when authorized by the Customer.

The offered services may be used for lawful purposes, including residential, business, governmental, or other use. However, the Customer remains liable for all obligations notwithstanding such sharing or resale and regardless of the Company’s knowledge of the same. TCW shall have no liability to any person or entity other than the Customer. The Customer shall not use nor permit others to use the service in a manner that could harm the facilities of TCW or others or that is inconsistent with any applicable law or regulation.

Disputes with respect to charges must be presented to TCW within 3 months from the date the invoice is rendered or such invoice will be deemed to be correct and binding to the Customer.

Subscribers who are unable to obtain satisfactory resolution of dispute with a telephone or other public utility may contact the Kansas Corporation Commission Consumer Protection Division at (800) 662-0027 for information as to possible further remedies.

In the event TCW incurs fees or expenses, including attorney’s fees, in collecting, or attempting to collect, any charges owed TCW, the Customer will be liable to TCW for the payment of such fees and expenses reasonably incurred.

After installation of equipment from TCW, the Customer is responsible for any damage, regardless of cause, to the equipment.

TCW may interrupt or terminate service if the Customer breaches any provision of the agreement (including nonpayment of service), or if the Customer uses the service in a manner that adversely affects service to our customers or harasses our customers or employees, or if the Customer or others use the Customers service to engage in fraud or unlawful conduct.  It is in the discretion of TCW to restore interrupted service following correction of the violation and payment of amounts due, including restoration charge, which may be assessed for restoring your service.

SERVICE

TCW reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have adverse material affect in the business or economic feasibility of providing service, as determined by TCW in its reasonable judgment.

You understand that the service you are receiving from TCW is furnished by TCW to you, the customer, for use by you or persons residing within the location to which this service is furnished. By receiving this service you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, resell, transfer, trade, re-provision, redistribute, or rent TCW service or any portion of the Service, use of the Service, or access to the Service, including but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOiP) via wired, wireless, or other means). For example, you agree that the Service is not to be used to trunk or facilitate public internet access (hotspots) or any other public use of the Service, or for any high volume purpose.

APPLICATION FOR SERVICE

By signing an Application for Service, the Customer accepts the Terms and Conditions as published on www.tctwireless.net.

By signing an Application for Service, the Customer authorizes TCW to contact credit agencies to determine the amount of deposit needed in order to establish service.

The Customer makes application for service, and for such additional service or equipment as may be ordered, later agrees to pay established rates for all such services and equipment. In making this application the Customer agrees to the tariffs or rates for the service(s) furnished under the application. The application becomes a contract when accepted in writing by TCW.

The Customer understands that if service is disconnected and reconnected for any reason, reconnect charges will apply.

CPNI:

Federal Law allows you, the consumer, to choose how TC Wireless (TCW) uses your Customer Proprietary Network Information (CPNI).

CPNI is data that is not publicly available, such as the type of service you subscribe to, the number of telephones lines you have, how much you use your services, calling and billing records.

This is designed to protect your privacy rights, while allowing TCW to meet your future telecommunication needs. We are dedicated to fulfilling your communication requirements, while protecting your privacy.

TCW is an Opt-In company, which means, in order to meet future needs of our customers, we may contact you based on services you may or may not currently have with us. We will not share CPNI information with other companies, except our parent company, The Tri-County Telephone Company, Inc (TCT). We will only disclose your CPNI records for the specific intent to analyze and/or provide products or services. This allows us greater ability to tailor the services we provide to you.

You as a customer have the right to restrict the use of your CPNI records. If you decide to not allow TCW to use your CPNI records, this will not affect, in any manner, the services in which you subscribe. To Opt-Out, restrict the use of your CPNI records, you must notify TCW in writing. Your Opt-Out status will remain valid until you contact us again in writing. Regardless of your decision, we will provide notification of your rights every two years.

BILLING

Billing becomes effective and is provided beginning the date that the service is installed. TCW shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the Customer. If payment is not made in full or payment arrangements have not been made with the TCW Billing department, TCW reserves the right to disconnect all services.

All provided services are directly or indirectly controlled by TCW and neither the Customer nor Authorized Users may transfer or assign the use of service without the express prior consent of TCW. Such transfer or assignment shall only apply where there is no interruption of the use or location of service. All terms and conditions applicable to the Customer shall apply to all such permitted transferees or assignees, as well as all conditions of service.

Charges for installations, service connections, moves, rearrangements, and prepaid services, where applicable, are payable upon demand to TCW or its authorized agent. Billing thereafter will include recurring charges and actual usage of services.

The customer is responsible for payment of all charges for services furnished to the Customer or its joint or Authorized Users. This responsibility is not affected by any use, misuse, or abuse of the Customers service or Customer provided equipment by third parties, the Customers employees, or the public. This includes payment for calls or services that originate at the Customers number(s), are accepted at the Customers number(s), (e.g. collect calls), are billed to the Customers number(s) via Third Number Billing if the Customer is found to be responsible for such call or service, or the use of TCW assigned Special Billing Number, and incurred at the specific request of the Customer.

First months bill will include prorated charges from date of service installation.

Bills are rendered monthly and are payable at the TCW Solutions Center or TCT Solutions Center, by mail, over the phone, or online. They cover local service charged in advance for a one-month period. Long Distance charges are billed in arrears ending on the 15th of the month preceding the date of the bill. Bills are due and payable by the 15th of the month. If the bill has not been paid by the due date, a disconnect notice is sent. The rate and charge for the preparation, provision, and mailing of the notice to a subscriber shall be $2, plus applicable taxes. The account is subject to disconnection if not paid by the date on the notice. When service is denied because of nonpayment, a reconnect charge is applicable for restoration of service.

TCW reserves the right to apply the Customers security deposit against overdue charges.

TCW reserves the right to assess a return check charge of $20.00 whenever a check or draft presented for payment of service is not accepted by the institution upon which it is written.

TCW reserves the right to bill any and all applicable taxes and fees in addition to normal rates and charges for services provided to the customer. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales, Tax, Municipal Tax, Gross Receipts Tax, Federal Subscriber Line Charge, State and Federal Universal Service Fund fees. Such taxes and fees are in addition to rates and will be itemized separately on Customers invoices.

Credit allowances for interruptions of service which are not due to TCW’s inspection or testing, to the negligence of the Customer, or to the failure of channels, equipment and /or communications systems provided by the Customer, are subject to the general liability provisions set forth herein.

It shall be the obligation of the Customer to notify TCW immediately of any interruption in service for which a credit allowance is desired by the Customer. Before giving such notice, Customer shall ascertain that the trouble is not within his or her control, or not in wiring or equipment, if any, furnished by Customer.

For the purposes of credit computation, every month shall be considered to have 30 days. The Customer shall be credited for an interruption of two days (49) hours or more at the rate of 1/30th of the monthly charge for the service(s) affected for each day that the interruption continues.

Credit Formula:

Credit = A/30 x B

A = outage time in days

B = total monthly charge for affected service

DISCONTINUANCE OF SERVICE

Upon nonpayment of any sum that is more than 25 days overdue to TCW, or any violation of any provisions governing the furnishing of service, TCW may, upon written notification to the Customer, without incurring any liability, immediately discontinue the furnishing of such service.  The Customer shall be deemed to have canceled the service as of the date of such disconnection and shall be liable for any cancellation charges set forth herein.

TCW reserves the right to discontinue furnishing services or billing options, upon written notice, when necessitated by conditions beyond its reasonable control.

Without incurring any liability, TCW may discontinue the furnishing of service(s) to a Customer immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services.

The discontinuance of service by TCW pursuant to this Section does not relieve the Customer of any obligations to pay TCW for charges due and owing for service(s) furnished up to the time of discontinuance.

The Customer, whose check or draft is returned unpaid for any reason shall be subject to discontinuance of service. The Customer has 7 days from notification of the insufficient check to make full payment plus a $20.00 service charge. If payment is not made, service will be discontinued.

The remedies set forth herein shall not be exclusive and TCW shall at all times be entitled to all rights available to it under either law or equity.

Except as otherwise provided herein, or as specified in writing by the party entitled to receive service, notices may be given orally or in writing to the persons whose names and business addresses appear on the executed service order.

RESTORATON OF SERVICE

If service has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes it continued, service shall, at TCW’s discretion, be restored when all past due amounts are paid or in the event giving rise to the discontinuance (if other than nonpayment) is corrected.  The Customer may be required to pay a security deposit based on his/her past credit history with TCW.

TELEPHONE

All rates do not include Federal or State Universal charges, 911 fees, surcharges or taxes.

The services TCW provides and the way it is delivered will change from time to time, in part due with efforts to keep up with technological advances. The changes may impact services customers receive and the Customer Premise Equipment. TCW will conduct maintenance on the system from time to time that may interrupt services.

LONG DISTANCE

Unlimited long distance is for residential voice usage only. Unlimited Long Distance does not include charges incurred for calling card services, operator assisted calls, collect calls, calls to 900 numbers, directory assistance calls, calls to any number outside the contiguous United States. The Unlimited Plan cannot be used for long distance access to the internet, or for business purposes, telemarketing or autodialing, for connection to the internet, for other data service (including a significant amount of facsimile transmissions or data usage per month) or for any other use that does not involve a person-to-person conversation or voice message. The Unlimited Plan only applies to the telephone line on which the plan is assigned.  Other restrictions may apply. If it is determined that the customers usage is not within the average usage of the average TCW residential voice customer, TCW reserves the right to move a customer off this plan to an alternative plan.

The Customer grants TCW authority to change long distance service.

INTERNET

Prices are subject to change without notice.

The Customer understands that surge and firewall protection are the Customer’s responsibility and will be responsible for any and all damages or losses.

The Customer understands that the price listed on the Application for Service and in all other TCW materials does not include mandatory fees and taxes. The customer also understands that the bill will be larger than the price listed due to these charges.

The customer agrees to subscribe to the services selected on the Application for Service for the term chosen, commencing on the date service is activated. If the customer is unable to fulfill the term of the agreement, the Customer is subject to an early termination fee. Customer understands that the care of the equipment is the Customers responsibility and that TCW will replace at no charge for normal wear and tear and/or warranty issues related to the equipment. The Customer also understands, that the equipment will be returned to TCW immediately upon termination of service or at any time upon the request of TCW. If the equipment is not returned in good working condition the Customer may be charged an equipment fee of up to $350.00. The Customers continued use of the service shall be considered the Customers consent to any amendments that be made to the Terms and Conditions.

Early Termination Fee: The Customer understands that if service is cancelled prior to the expiration of any terms entered in to, the Customer may be charged an early termination fee. TCW will waive the Early Termination Fee for active military disconnecting services because of deployment or transfer upon TCW receiving equipment in good working condition, bill payment in full and a copy of military orders.

Internet performance may vary due to conditions outside of our network control. No minimum level of speed is guaranteed. Conditions affecting speed may include customer location, physical equipment limitations, network congestion, servicer or router speeds of website accessed or inside wiring conditions.

It is the Customers responsibility to establish and use a secure password when using a wireless home network to prevent others from gaining unauthorized access to their TCW Internet service.

The services TCW provides and the way it is delivered will change from time to time, in part due efforts to keep up with technological advances. The changes may impact services customers receive and the Customer Premise Equipment. TCW will conduct maintenance on the system from time to time that may interrupt services.

Customer agrees to not use the service to send, receive or use any data, files or information which infringes upon the patents, trademarks, copyrights, trade secrets or proprietary rights of another person or entity. TCW is registered under the Digital Millennium Copyright Act of 1998 (DMCA) to receive notices of copyright infringements by users of TCW’s Internet services. TCW will take appropriate action for repeat infringements, up to and including termination of service. Protected materials include, but are not limited to, digital music, movies, photography, audio books and software. If TCW is required to terminate the service for repeat infringements, Customer may be charged a reconnect fee of $100.00, if TCW should decide to reactivate the Customer’s Internet service.

TC Wireless (TCW), subsidiary of The Tri-County Telephone Association, Inc (TCT) invests significant resources to bring internet access to our customers and strives to provide customers an optimum online experience that enables them to access all available content within the realm of the Open Internet principal.

NET NEUTRALITY

Key attributes of the TCW network management are:

• TCW does not block, throttle, or inhibit any specific applications or classes of applications.
• TCW does not directly or indirectly favor some traffic over other traffic for the benefit of an affiliate.
• TCW does not engage in paid prioritization.
• TCW does not restrict the types of devices that can be connected to its network.

TCW may use network management tools to optimize quality of service to customers for applications that are sensitive to packet loss, delay or jitter like VoIP, time sensitive data, and video traffic. TCW offers Specialized Services, such as IP Video or Voice over IP (“VOIP”), over the same last mile facilities as broadband internet access services. While the voice and video traffic are given priority, there is sufficient capacity in TCW’s last mile optical network that congestion should not occur for the internet access service speeds currently provided by TCW.

TCW generally allows customers to attach any lawful device to its network so long as it does not impede the provision of internet access service, harm the network, enable theft of the service or a violation of TCW’s Acceptable Use Policy or any terms of service, or harm other users of the service. Other terms of Use are listed in TCW’s Terms & Conditions and Acceptable Use Policies which are viewable at www.tctwireless.net or can be obtained at any TCW Solutions Center or TCT Solutions Center.

 

WIRING MAINTENANCE PLAN

Inside Wiring Maintenance (IWM) – Phone service only

Advanced Digital Wiring Maintenance – ADWM – Two or more services (Phone, Internet, Digital TV)

TCW IWM and ADWM plans cover all labor, trip charges and materials. Limited to two troubles per calendar year.

If a customer reaches their maximum two trouble tickets for the calendar year, any additional troubles will be billed at a discounted labor rate of $55 for the first half hour and $25.00 for each additional half hour.

Any troubles ran on during regular business hours: rules listed above apply.

Any troubles ran on after hours/weekends/holidays: rules listed above apply in addition to…..

$75 fee will be assessed after regular business hours Monday thru Friday or on weekends

$90 fee will be assessed on holidays.

This does not cover the cost of equipment replacement or repair.

The IWM and ADWM plans automatically renews January 1 of each year with no action required by the customer.

The IWM and ADWM plans will continue to be charged on customers account if the customer has placed their service on vacation disconnect during the year.

COMPUTER REPAIR

TCW may perform a diagnostics check to determine identifiable issues with customer hardware or software and to also determine if parts are needed to complete the repair. TCW is not responsible for loss of data. The Customer acknowledges responsibility for backing up any and all software and date before delivering the equipment to TCW.

The customer agrees that all charges are due and payable before the equipment may be released to the customer, unless other payment arrangements have been made in advance.

OTHER TERMS AND CONDITIONS

In the event suit is brought or an attorney is retained by TCW to enforce the terms herein, TCW shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorney’s fees, court costs, costs of investigation and other related expenses incurred in connection therewith.