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Rates and charges, other than the discounted contract rate referenced in paragraphs 8 B , may be modified from time to time by Bluegrass Cellular if deemed necessary by Bluegrass Cellular in its sole and absolute discretion to comply with regulatory requirements or other compliance mandates. Bluegrass Cellular will provide you with notice of material changes other than changes to governmental fees or proportional charges for governmental mandates either in your monthly bill or separately.
Customer shall be invoiced on a monthly basis. Payment shall be due within fifteen 15 days after the invoice date. All amounts due, including disputed amounts, must be paid in full by the due date.
If Customer has set up automatic payments with Bluegrass Cellular, Customer acknowledges and agrees that Bluegrass Cellular is authorized to automatically withdraw all owed payments, including all deposits, fees, termination fees, device payments, penalties, and finance charges, from the identified account s. Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date.
Notice of any disputes must be in writing and received by us at our address within forty-five 45 days after receipt of invoice or Customer will waive any objection. Payment will be deemed made when received by Bluegrass Cellular. Bluegrass Cellular may, at its sole option and without limiting any remedy under the law, disconnect Customer from service. Customer may then be required to pay a reconnection charge for service restoration.
Bluegrass Cellular may, at its sole discretion, offer non-standard payment arrangements. Bluegrass Cellular reserves the right to charge a processing fee to establish any such arrangement. Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date for the entire duration of time Customer owes Bluegrass Cellular any payments, including after the termination or expiration of the Agreement.
Upgrades — If Customer makes all consecutive payments in accordance with these terms for the first half of the applicable Payment Period, Customer may be eligible to exchange his or her eligible wireless equipment, as further described below, for new wireless equipment offered for sale by Bluegrass Cellular at the time of the exchange.
If Customer elects to exchange his or her wireless device, Customer shall not be obligated to make any further payments for the returned equipment. After the exchange, Customer shall pay the full cost of the new wireless equipment over a new payment period, as well as any necessary finance charge, in accordance with the terms above.
Except as set forth in 8 B , Customer shall receive wireless service on a month-to-month basis until terminated pursuant to Section After the completion of the initial term, Customer shall receive wireless service on a month-to-month basis until a Service Adjustment pursuant to Section 9 or a termination pursuant to Section Early renewal does not affect the duration of the existing contract term.
Service provided on a month-to-month basis shall be provided on the terms, conditions, and rates then in effect for that service plan.
Bluegrass Cellular may, at its sole discretion, modify rates and charges effective immediately upon any renewal of the Agreement, including if the renewal is automatic. All Service Adjustments shall be subject to the following restrictions: 1 Not available to customers whose bill is not current. Payment history will be considered. If a deposit is required of Customer, all such costs and charges shall be deducted before any credit is issued to Customer. If at any time within forty-five 45 days after wireless service is established Customer terminates the Agreement, Customer will forfeit any deposit tendered by Customer to Bluegrass Cellular or its agents to secure wireless service as a setoff against the cost of service establishment.
Except as set forth in 10 C , either party may terminate the Agreement for any reason upon giving notice to the other party. Termination by Customer must be made in writing to Bluegrass Cellular, effective on the date of receipt, unless a later date is specified in the notice.
Customer acknowledges that any applicable Payment Period set forth in Section 7 and any applicable Subscription Payment Period set forth in Section 11 is in place only while Customer is a paying subscriber of Bluegrass Cellular wireless services. If Customer stops receiving wireless service from Bluegrass Cellular at any point for any reason during the Payment Period or Subscription Payment Period, the full balance owed for the remainder of that Payment Period or Subscription Payment Period shall become due immediately.
Bluegrass Cellular may, at its sole discretion, terminate the Agreement and wireless service at the end of any contract term without notice. Except as provided in a Third Party Agreement, Third Party Suppliers: i make no warranties, either express or implied, concerning the Third Party Services; and ii shall not be liable to Customer for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunity, or loss of use.
In the event a Third Party Supplier licenses the Third Party Services directly to Bluegrass Cellular, such Third Party Supplier is a third party beneficiary of the above terms and is entitled to enforce them as if it were a party to this Agreement. Bluegrass Cellular is not responsible and hereby disclaims all liability for Third Party Services, including where Bluegrass Cellular bills or otherwise supports such services.
There shall be no credits, reductions, or setoff against the charges for service for downtime or interruption of service unless such service interruption exceeds twenty-four 24 hours in duration. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
This Security Agreement is made as collateral security for all liabilities and obligations of all kinds of Customer to Bluegrass Cellular, whether created directly or acquired by Bluegrass Cellular by assignment or otherwise, whether now existing or hereafter acquired, absolute or contingent, joint or several, due or to become due.
Upon enrollment, you will receive coverage documents that contain complete details. By electing coverage, you authorize Bluegrass Cellular to include the applicable monthly charge on your bill.
You may cancel this coverage at any time by calling If you have questions about your coverage or need to file a claim visit mywirelessclaim. Phones and non-tablet data devices must not have more than lifetime minutes of use in order to receive a refund or exchange. For manufacturer defects, the phone may be exchanged within fourteen 14 days regardless of minute usage.
Returned equipment must be in new condition with all original items returned in the original packaging. Bluegrass Cellular will exchange software and data kit accessories for the same product within fourteen 14 days of purchase only if there is visible damage existing at the time of purchase or product defects caused by the manufacturer.
No returns are available on software or data kit accessories once the product has been opened and activated. Equipment purchased at a Bluegrass Cellular Authorized Agent location must be returned to that location. The arbitration shall be conducted in accordance with the wireless industry arbitration rules created by the American Arbitration Association, and shall be governed by the Federal Arbitration Act, 9 U.
All submissions to arbitration shall be made within forty-five 45 days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in connection with your individual claim and only to the extent necessary to provide relief warranted by your individual claim.
You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. If you disagree with these, you can return the phone in accordance with the Bluegrass Cellular Inc. Bluegrass Cellular agrees to provide advance written notice to Customer of proposed modifications that may be materially adverse to Customer other than changes to governmental fees or proportional charges for governmental mandates, roaming rates, or compliance fees.
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