SPECTRUM BUSINESS MOBILE SERVICES AGREEMENT
THIS SPECTRUM BUSINESS MOBILE SERVICES AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF SPECTRUM BUSINESS' BUSINESS MOBILE SERVICE AND INCLUDES A BINDING ARBITRATION PROVISION IN THE SPECTRUM BUSINESS SERVICES AGREEMENT, WHICH PROVIDES THAT: (1) THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICES THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.
Charter Communications Operating, LLC, through its affiliates ("Spectrum Business"), is pleased to provide its business mobile service to you ("Customer") in accordance with these terms and conditions which incorporate and include the Spectrum Business Services Agreement ("Services Agreement"), including any and all service-specific terms of service, the Spectrum Business Privacy Policy, and the Spectrum Mobile Acceptable Use Policy, as they may be changed from time to time (collectively, "Service Terms”), all of which may be found at https://www.spectrum.com/policies/terms-of-service, under "Terms of Service/Policies" and "Your Privacy Rights."
Customer's signature on a work order and/or other form of signature or action indicating intention to use (e.g., online acceptance, e-signature or breaking the seal on the box of a self-installation kit), and/or Customer's use of Spectrum Business' Business Mobile Service, including all features, applications, and online portals associated therewith (collectively, "Business Mobile Service" or "Service"), shall be deemed acknowledgement that Customer has read and agreed to the Service Terms. Spectrum Business may change its prices, fees, the Service, and/or the Service Terms. Customer's continued use of the Services after notice of the change shall be considered Customer's acknowledgement and acceptance of the change, and the most-recent version of this Agreement controls Customer's relationship with Spectrum Business and Spectrum Business' provision of Business Mobile Service to Customer. Customer may not modify this Agreement or the Service Terms by making any typed, handwritten, or any other changes to it for any purpose. This is a binding legal document. Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the Spectrum Business Services Agreement.
Customer must activate all Business Mobile Services ordered. Spectrum Business shall have no liability whatsoever if the Customer does not activate such Services. Any user who does not agree to be bound by the Service Terms should immediately stop their use of the Business Mobile Service and notify Spectrum Business' Customer Service Department at (855) 236-1545 to terminate the Business Mobile Service. Terms that are initially capitalized but are not defined, will have the defined meaning given to them in the other documents referenced above.
Spectrum Business regularly updates and amends its Service Terms. Customer should consult Spectrum Business' website https://www.spectrum.com/business to ensure Customer remains in compliance.
1. Services Provided: Customer's Business Mobile Service includes mobile voice and data services (via cellular and Spectrum WiFi), messaging and any other features and services set forth in the Customer’s Mobile Service Plan, any optional services Customer purchases from Spectrum Business, such as international calling and roaming for which additional charges or terms may apply, and any equipment Customer purchases from Spectrum Business or Spectrum Business provides to Customer for use with the Business Mobile Service, such as a phone, handset, tablet, smart watch, wearable, Subscriber Identity Module ("SIM") card, accessory or other mobile device (individually a "Device" or collectively "Devices"). Customer's Business Mobile Service plan includes monthly allowances and features, the geographic area(s) or location(s) where Customer can use the Business Mobile Service ("Coverage Area"), and monthly and pay-per-use charges. Customer should consult Spectrum Business' website at https://www.spectrum.com/business/mobile for information concerning Spectrum's Business Mobile Service plans and devices.
Exclusively for Businesses: Business Mobile Services are offered to businesses only and are not available for residential use.
Spectrum Business will provide Business Mobile Service, to Customer as long as Customer has purchased or is purchasing a Spectrum Business Internet Service ("Internet Service"). Internet Service is a separate service from Business Mobile Service, provided over a separate network, and access to and use of Internet Service by a Device or by any other Customer device via WiFi or otherwise is not a part of the Business Mobile Service. Other services that Customer receives from Spectrum Business, including Internet Service, Spectrum Business TV™ or Spectrum Business Voice™, are subject to the applicable agreement(s) between Customer and Spectrum Business related to those services. Additional charges, terms and/or restrictions may apply if Customer does not maintain Internet Service or other Spectrum Business services.
The cellular network used to transmit the voice, text, and data services are owned and operated by a licensed commercial mobile network operator(s) and not Spectrum Mobile; however, a portion of the cellular network used to transmit data service is owned and operated by Spectrum Mobile.
2. Acceptance: Customer accepts this Agreement in any of the following ways: agreeing in writing by work order, email, online, or in person; paying for the Business Mobile Service or Device; or activating or attempting to use the Business Mobile Service or Device. Customer also represents that it is planning to use the Business Mobile Service for business (i.e., non-residential) purposes. Customer agrees that it is responsible for access or use of the Business Mobile Service and, Devices, and payment of all charges incurred on Customer's account by any user of Customer's Business Mobile Service. By accepting this Agreement, Customer is agreeing to every provision of this Agreement whether or not Customer has read it.
3. Cancellation: Spectrum Business Mobile Service shall continue until such time as terminated by Customer, which shall be effective upon notice, or terminated by Spectrum Business for breach (including nonpayment) of the Service Terms or otherwise terminated by Spectrum Business in accordance with the Service Terms. Customer must notify Spectrum Business' Customer Service Department at (855) 236-1545 to terminate Spectrum Business Mobile Service. Upon termination, and subject to any restrictions under applicable law, Customer shall be responsible for the full monthly charge for Spectrum Business Mobile Service, and any applicable fees, without proration, regardless of the date Customer terminated Business Mobile Service. Customer is responsible for all charges incurred through the end of Customer's Business Mobile Service, including any remaining Device charges.
Nonpayment or cancellation of Business Mobile Service may affect other services or agreements that Customer has with Spectrum Business, including promotional bundling packages for other Spectrum Business services. If Customer cancels all Spectrum Business services, any remaining Business Mobile Service and/or Device balance will be charged to Customer's specified bank account, credit card or debit card, as applicable, during the next billing cycle.
4. Business Mobile Service Functionality: The Device uses radio transmissions to access the Business Mobile Service. If Customer's Device is not in range of a transmission signal the Business Mobile Service may not work. The availability and quality of Business Mobile Service may be affected by many things, including the Business Mobile Service plan purchased, the Device, not using the most current device operating system, the operator of the mobile network, Customer's monthly usage, network capacity, network or Internet congestion, server speeds of websites, network outages, network management policies, terrain, buildings, foliage, weather, actions of third parties, or other similar issues, and Spectrum Business does not guarantee the availability of the mobile network or the service speeds.
Additionally, under certain circumstances, Spectrum Business may reduce Customer data or streaming speeds, mobile hotspot speeds (i.e., the ability to use the Device as a mobile hotspot for other devices), video resolution, after the Customer reaches certain data usage levels, in accordance with the terms of Customer's Business Mobile Service plan (as described at https://www.spectrum.com/mobile). Accordingly, actual speeds of the Business Mobile Service will vary. Business Mobile Service that relies on location information, such as Enhanced 911 ("E-911"), which can provide the 911 operator with a person's location, and Global Positioning Satellite ("GPS") navigation, depend on a Device's ability to acquire satellite signals (typically not available indoors) and service coverage. Customer may be unable to use its Device in any manner, including to call 911, while the Device is receiving a software update until the software update is complete.
Customer's Device may automatically connect to Spectrum WiFi and/or Spectrum Authorized WiFi services, including the WiFi network in Customer's business location that is connected to Spectrum Internet Service or other available Spectrum Business WiFi. When Customer's Device is connected to Spectrum WiFi, including the Spectrum WiFi network in Customer's business location that is connected to Customer's Spectrum Internet Service or any other WiFi that connects to Spectrum Internet Service, such Device is accessing Spectrum Business Internet Service and is subject to the terms and conditions of the applicable Spectrum Business Internet Service agreement. Connection of a Device to WiFi is not subject to the data usage policies, including any reductions in transmission speed, applicable to Business Mobile Service and described in Spectrum's Mobile Service Broadband Disclosures https://www.spectrum.com/policies/mobile-broadband-disclosures. Speed limitations on the use of Spectrum Business WiFi will apply to Business Mobile Service customers who discontinue Spectrum Business Internet Service. More detail on the terms and conditions of Spectrum Business Internet Service is set forth in the Spectrum Business Internet Agreement https://www.spectrum.com/business/terms. Customer's connection to WiFi may be affected by a variety of factors, including the Device, interference (from other devices, buildings, or other wireless signals), or distance from WiFi hotspots, including the WiFi network in Customer's business location. Disabling the automatic WiFi connection feature may limit the availability of certain Business Mobile Service features and/or reduce Customer's utilization of Spectrum Business Internet, Services which provides Customer with unlimited access to data, thereby increasing Customer's monthly Business Mobile Service data usage.
Depending upon Customer's Business Mobile Service plan, increased Business Mobile Service data usage may increase Customer's monthly charges or, impact Customer's Business Mobile Service, performance or quality after Customer reaches certain download levels. For more information about Spectrum Business Mobile Service Plan, see https://www.spectrum.com/business/mobile.
5. Mobile Device: Customer's Device must comply with Federal Communications Commission regulations, be certified for use on the network which Spectrum Business provides Business Mobile Service, unlocked, and be compatible with Customer's Business Mobile Service. Customer should consult Spectrum Business' website (http://www.spectrum.com/business/mobile) for information on Customer provided devices that are supported by Spectrum Business. Spectrum Business does not support Devices that are locked by another mobile network operator or that have been or become reported as lost or stolen.
Devices purchased from Spectrum Business may include pre-installed applications or software that manages wireless connections. Spectrum Business may change a Device's software, applications, or programming remotely, with or without notice to Customer. This could affect Customer's stored data, or how Customer has programmed or uses its Device. By activating Business Mobile Service that uses a SIM card or electronic SIM (“eSIM”), Customer agrees Spectrum Business owns the intellectual property and software in the SIM card, that Spectrum Business may change the software or other data in the SIM card without notice and that Spectrum Business may utilize any capacity in the SIM card for administrative, network, business, and/or commercial purposes. Devices may not work with another mobile service and other mobile operators may not accept a Device on their networks.
Spectrum Business does not manufacture any Device that Customer selects to use with the Business Mobile Service, including Devices Spectrum Business provides. Spectrum Business is not responsible for any defects, acts, omissions, or other problems with a Device. Customer should check with the Device's manufacturer to determine whether there are any warranties on a Device. Device performance may vary based on Device specifications (for example, a Device's operating system, software, memory, and storage), and Device performance may impact access to Business Mobile Service.
If Customer purchased a Device from Spectrum Business, it may have been programmed with a Device or SIM lock which will prevent it from operating with other compatible mobile operators' services. If Customer wishes to use their Device with the service of another mobile operator or Customer wishes to exchange their Business Mobile Service between two Spectrum Business-supported Devices, upon request, Spectrum Business will provide reasonable assistance to unlock the Device or to exchange their Business Mobile Service between the two Spectrum Business-supported Devices, provided that Customer meets certain criteria, including but not limited to: (a) Customer has paid for each Device in full; (b) the Device has been active for more than sixty (60) days and is in good standing (i.e., it has no past due amount or unpaid balance owed to Spectrum Business); and (c) none of the Devices have been reported lost or stolen.
Customer is responsible for the security of any Device connected to the Business Mobile Service, including any data stored on the Device, and maintaining virus and other Internet security protections when accessing third-party products or services. Customer is free to download and use content and applications on the Device that are not provided by Spectrum Business but at Customer's own risk. Some applications provided by Spectrum Business as part of the Business Mobile Service cannot be uninstalled from the Device.
6. Using Data Service: Business Mobile Service and Devices may allow Customer, among other things, to access the Internet, email, text, take pictures and video, use Spectrum Business' Mobile Hotspot Service, download and play games, video, music, graphics, sound, applications and other materials ("Content"), or send Content elsewhere. Video streaming resolution varies by Spectrum Mobile Service plan, as described at https://www.spectrum.com/business/mobile. Video resolution may be reduced in the event Customer's usage exceeds the thresholds set forth in Customer's Mobile Service plan (as described at https://www.spectrum.com/business/mobile). Subject to network management practices of Spectrum Business and its mobile operator(s), Spectrum Business does not control the Content that Customer accesses or creates on a Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. Customer is solely responsible for evaluating the Content accessed or created by Customer or anyone else through the Device and/or the Business Mobile Service.
Content from third parties may also harm a Device or its Software (defined below). Spectrum Business is not responsible for any Content, or any damage caused by any Content, that Customer accesses or creates through the Business Mobile Service, that Customer loads on a Device, or that Customer requests that Spectrum Business representatives access and load on a Device.
Content from third parties or applications that Customer downloads or activates (e.g., Visual Voicemail) may also be subject to additional terms of service. Policies regarding intellectual property, privacy and other terms of use may differ from these Terms of Service, and Customer may be bound by such policies or terms when Customer visits third party sites, downloads or uses third party services, or downloads or activates applications. Access or use of applications or Content may increase a Customer's monthly Spectrum Business Mobile Service data usage, and depending upon the Customer's Business Mobile Service plan, increased data usage may impact performance or quality after reaching certain download levels. For more information about Spectrum Business Mobile Service plans, see http://mobile.spectrum.com. It is Customer's responsibility to read the rules or service agreements with each Content provider or service provider, for each application. Any information Customer involuntarily or voluntarily provides to third parties is governed by their policies or terms.
SPECTRUM BUSINESS IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES.
7. Software License: A Device's "Software" includes its software interfaces, documentation, data, Content and applications, as each may be updated or replaced by feature enhancements or other updates. Spectrum Business grants Customer a non-exclusive and non-transferable license or sublicense to use Software, in accordance with the applicable Software licensing terms. No rights are granted to source code. A Device's Software is licensed to Customer by Spectrum Business for Customer's personal, lawful, noncommercial use on its Device only.
Except as permitted by applicable law, Customer may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferred from one Device to another Device. Customer may not create derivative works of all or any part of the Software. Customer agrees that the Software contains proprietary Content and information owned by Spectrum Business, its licensors, and/or other third parties. Spectrum Business, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so.
Third party operating system software and pre-installed software not provided by Spectrum Business are subject to the licensing agreements of such parties.
8. Using Business Mobile Service: The mobile network on which Spectrum Business provides the Business Mobile Service is a shared resource that is managed for the benefit of all its users and is a separate network from the network on which Spectrum Business provides Internet Service. Certain activities and uses of Business Mobile Service and uses of the network by an individual customer or group of customers can negatively affect the use and enjoyment of the network by others. Therefore, certain activities and uses of the Business Mobile Service are permitted and others are not.
Permitted Activities: The Business Mobile Service is intended to be used for the following permitted activities: (i) web browsing; (ii) email; (iii) voice calls; (iv) video calls; (v) messaging; (vi) streaming music; (vii) uploading and downloading applications and Content to and from the Internet and third party stores; and (viii) using applications and Content without excessively contributing to network congestion. Customer agrees to use the Business Mobile Service only for such permitted activities.
Prohibited Activities: The Business Mobile Service is not intended to be used in any manner which has any of the following effects including, but not limited to the following which are strictly prohibited: (a) conflicts with applicable law; (b) hinders other customers' access to the mobile network; (c) compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; (g) causes harm to the network or other customers; (h) results in non-standard calling patterns or practices (auto-dialing, high-volume call forwarding, equipment hacking or hijacking); (i) is in excess of Customer's credit limit or Business Mobile Service plan limit (as described at https://www.spectrum.com/business/mobile); (j) results in misuse or excessive use of the Business Mobile Service, where excessive use constitutes use above those levels or patterns consistent with at least 98% of the Spectrum Business customers on a particular plan; (k) is sold, resold, assigned, shared, licensed or otherwise provided to or utilized either alone or as part of any good or service; (i) tampers with, reprograms, alters or otherwise modifies a Device to circumvent any of Spectrum Business' policies or violate anyone's intellectual property rights; (m) defeats, obstructs, or penetrates, or attempts to defeat, obstruct or penetrate the security measures of the mobile network or systems, another entity's network or systems, or the accounts of others; or (n) connects a Device to a separate computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) unless Customer is using the mobile device hotspot or bluetooth.
The Business Mobile Service may be used only for lawful purposes. Customer will not use or allow others to use the Business Mobile Service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Spectrum Business may block calls or data transmissions that are made to, or received from, certain countries, cities or telephone exchanges, or that use certain authorization codes if, in its sole discretion, Spectrum Business deems it reasonably necessary to prevent non-standard, excessive, unlawful or fraudulent use of the Business Mobile Service. Furthermore, use of the Business Mobile Service to impersonate a person or entity or to engage in fraudulent activities is not permitted.
SPECTRUM BUSINESS RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF BUSINESS MOBILE SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE RESTRICTIONS IN THIS SECTION 8.
9. Roaming and International Charges: Roaming means coverage on another mobile network operator's network ("Roaming"). Customer's Business Mobile Service may be used for international talk, text, and/or data service and Roaming. Spectrum Business may limit or restrict international talk, text, and/or data service and Roaming until after other Spectrum services have been activated. Business Mobile Service originated or received while outside a Business Mobile Service plan's included Coverage Area is subject to Roaming charges. Whether a Device can roam depends on Customer's Device, the Business Mobile Service plan, and the availability of Roaming coverage. Certain Business Mobile Service may not be available or work the same when Roaming (for example, data services, voicemail, or call waiting). Use of the Business Mobile Service while Roaming is also dependent on the Roaming provider's support of applicable network technology and functionality. There may be higher rates and extra charges (including charges for long distance, tolls, or calls that do not connect) for international talk, text, and/or data service or when Roaming. Customer may or may not be informed that he or she is Roaming or subject to international talk, text, and/or data service or of the associated costs; however, if Customer is not informed of the foregoing associated costs, they are still responsible for any charges. Spectrum Business will immediately charge Customer’s specified bank account, credit card or debit card, as applicable, when Customer’s Roaming usage reaches the Maximum Roaming Amount as set forth on www.spectrum.com/business/mobile/plans/international. Roaming may be limited or not available if more than half of Customer's monthly Business Mobile Service usage during a consecutive sixty (60) day period is outside the Customer's Business Mobile Service plan's included Coverage Area. Additionally, Spectrum Business may block the use of voice, text, and/or data service while Roaming within certain countries as Spectrum Business deems reasonably necessary to prevent non-standard, excessive, unlawful or fraudulent use of Business Mobile Service.
10. Lost or Stolen Device: Customer agrees to call Spectrum Business immediately if its Device is lost or stolen so that the Business Mobile Service can be suspended to keep someone else from using it. If Customer's Device is used after the loss or theft but before Customer reports it, and Customer wants a credit for any charges for that usage, Spectrum Business will review the account activity and any other information that Customer would like Spectrum Business to consider that the charges were not authorized. Customer may be asked to provide or submit information to support the claim. Spectrum Business may add the Device to the national "lost and stolen list," to prevent the Device from being used on any mobile operator's network. Customer may be held responsible for the charges if he or she delays reporting the loss or theft without good reason, but Customer does not have to pay any Business Mobile Service charges Customer disputes while they are being investigated. A lost or stolen Device does not release Customer from their payment obligation under any Device Payment Plan or Lease Plan.
California Customers Only: Although Customer is not liable for charges Customer did not authorize, Spectrum Business considers the fact that a call was placed from Customer's Device as evidence that the call was authorized. Unauthorized charges may include calls made to or from Customer's Device after it was lost or stolen. If Customer does not report the loss or theft promptly, Customer may be responsible for the Business Mobile Service used until the incident is reported. Once reported to Spectrum Business that the Device is lost or stolen and the Device is suspended, Customer will not be responsible for subsequent charges incurred by that Device. If Spectrum Business has not given Customer a courtesy suspension of any recurring monthly charges during the past year, Spectrum Business will give Customer one (1) such suspension for thirty (30) days or until Customer replaces or recovers the Device, whichever comes first.
11. Privacy & Information on a Device: As described in the Spectrum Business Privacy Policy and the Spectrum Business Services Agreement, Spectrum Business, along with its partners, may collect technical and service information from all Business Mobile Service users during Spectrum Business' provision of Business Mobile Service or from Customer's Device. Such information may include Business Mobile Service plan and feature information, application download and usage information, Device or equipment information, network traffic or performance information, Business Mobile Service usage information, diagnostic data (including Device performance, signal strength, dropped call, data failure or battery strength information), and Location Information (defined below). Spectrum Business may use such technical and service information to provide mobile voice and data services, and to improve Customer's network experience and the quality of Customer's mobile experience. The Spectrum Business Privacy Policy can be found on Spectrum Business' website at https://www.spectrum.com/policies/terms-of-service, under "Terms of Service/Policies" and "Your Privacy Rights". The Spectrum Business Privacy Policy may be updated or modified from time-to-time by Spectrum Business, with or without notice to Customer.
A Device can contain sensitive, personal information. Spectrum Business is not responsible for any information stored on a Device, including sensitive or personal information. Spectrum Business recommends that Customer safeguard any sensitive or personal information whether or not the Device is out of Customer's possession or control. By submitting a Device to Spectrum Business, Customer agrees that Spectrum Business employees, contractors, or vendors may access all of the information on a Device. If Customer exchanges, returns, or recycles a Device through Spectrum Business, Customer must remove all data and information from the Device before Customer provides it to Spectrum Business.
12. CPNI: Information relating to Customer calling details ("Calling Details"), including the quantity, configuration, type, destination and amount of Business Mobile Service usage by Customer, and information contained in Customer's bills (collectively, "Customer Proprietary Network Information" or "CPNI"), that is obtained by Spectrum Business pursuant to its provision of Business Mobile Service will be protected by Spectrum Business as described herein, in the Spectrum Business Privacy Policy, and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: aggregated and/or compiled information that does not contain Customer-specific references, even if CPNI was used as a basis for such information.
Spectrum Business may use and disclose Calling Details and CPNI when required by applicable law. Spectrum Business may use Calling Details and CPNI and share (including via email) Calling Details and CPNI with its partners and contractors, as well as with Customer's employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum Business, Customer, and related parties in preventing fraud, theft of services, abuse, harassment, and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Business' network systems; and (v) to market additional Spectrum Business services to Customer that are of the same category as the services that Customer purchases from Spectrum Business.
Spectrum Business will obtain Customer's consent before using Calling Details or CPNI to market to Customer Spectrum Business services that are not within the categories of Services that Customer purchases from Spectrum Business. Customer agrees that Spectrum Business will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with this Agreement.
Spectrum Business will respond to Customer requests for Customer Calling Details only in compliance with Spectrum Business' then-current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum Business will notify Customer of any requests to change account passwords, activate online account access, and change Customer's account address of record. Spectrum Business may provide such notice by voicemail, by email, or by regular mail to Customer's prior account address of record.
Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum Business upon request. Customer is responsible for ensuring that Spectrum Business receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter. Spectrum Business will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum Business has complied with the Agency Letter.
13. Monthly Service Fee: Immediate Charge: Customer agrees to pay the monthly service charge for Business Mobile Service. Customer agrees that Spectrum Business may charge Customer for Roaming charges (e.g., international roaming) and Customer agrees to pay for such charges by authorizing Spectrum Business to immediately charge Customer’s specified bank account, credit card or debit card, as applicable. Applicable taxes and regulatory fees attributable to Business Mobile Service are included in the recurring monthly service charge. Applicable taxes on equipment sales and one-time charges, described below, are billed separately from the monthly service charge. Spectrum Business reserves the right to increase or decrease any fee or charge associated with Business Mobile Service. Business Mobile Service shall be terminated in the event Customer does not pay. Usage and monthly fees will be billed as specified in Customer's Business Mobile Service plan (described at https://www.spectrum.com/business/mobile). Depending on Customer's Business Mobile Service, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, Internet access, international calling and roaming.
Spectrum Business may charge activation, prepayment, reactivation, program, Device, Lease Plan, installment plan charges, or other fees to establish, change, or maintain Customer's Business Mobile Service. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, or handset upgrades). Spectrum Business will notify Customer if any of these fees apply to the requested transaction.
To determine Customer's primary place of use ("PPU"), and which jurisdiction's taxes and assessments to collect, Customer is required to provide Spectrum Business with Customer's business location's street address. If Customer does not provide Spectrum Business with such address, or if it falls outside of Spectrum Business' Coverage Area, Spectrum Business may reasonably designate a PPU within the Coverage Area for Customer. Customer must operate and have a mailing address within Spectrum Business' Coverage Area. If Customer intends to use a Device at an alternate address, Customer must update the PPU for Customer's account by contacting Spectrum Business at (855) 236-1545.
14. Billing: Customer will be billed on a monthly basis for recurring Business Mobile Service and Device charges (e.g., service plan fees, features, prepaid usage, Spectrum Business Mobile Device Payment Plan, Lease Plan, and any Device Protection Plan purchased), and for usage charges (e.g., data, international calling, and Roaming) (collectively, "Service Charge"). Customer will be billed and immediately charged when Roaming exceeds the Maximum Roaming Amount.
Charges for Roaming and international data may not appear on a billing statement during the bill cycle when the calls and/or data usage were incurred due to delays in receiving and reviewing such records. If Customer receives Business Mobile Service or a Device under a promotion, after the promotional period ends the then-current market prices for Customer's Business Mobile Service or Device will apply. If Spectrum Business fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Business Mobile Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms.
For charges based on the amount of time used or for data sent or received, Spectrum Business will round up any fraction to the next full minute or, depending on how Customer is billed for data usage, the next full gigabyte ("GB"). For outgoing calls, usage time starts when Customer first presses 'SEND' (or similar key) or the call connects to a network; and for incoming calls, it starts when the call connects to a network (which may be before it rings). Usage time may end several seconds after Customer presses 'END' (or similar key) or after the call disconnects. For calls made on the mobile network, Spectrum Business will charge only for calls that are answered, including by machines. Usage cannot always be processed right away and may be included in a later bill.
Customers with an unlimited Business Mobile Service plan will pay a monthly fee for the Service in accordance with the terms of such plan. For Customers with a Business Mobile Service plan based on the amount of time used and/or data sent or received, Customer will be charged for all data sent, received, consumed by and/or used on Customer's account, including, without limitation, data consumed by applications (including any Business Mobile Service and/or other Spectrum Business applications), widgets, multi-media messaging, tethering, uploading, downloading, streaming Content, Internet access (including accessing corporate intranets, email and individual productivity applications), GPS and location services, and Voice over Internet Protocol (including any network overhead and/or Internet Protocol overhead associated with Content sent or received).
At the end of each bill cycle, data usage for an account with a single line receiving Business Mobile Service on a pay-as-you-go basis will be rounded up to the next GB depending on Customer's Business Mobile Service plan . For example, if Customer uses 1.2 GBs of data during a bill cycle, Customer will be billed for 2 GBs of usage. At the end of each bill cycle, data usage for an account with multiple lines receiving Business Mobile Service on a pay-as-you-go basis will be aggregated and then rounded up to the next GB, depending on the terms of Customer's Business Mobile Service plan.
If Customer selects a Business Mobile Service plan under a promotion that includes a predetermined allotment of Business Mobile Service (for example, a predetermined amount of gigabytes or messages), unless otherwise specifically provided as part of such Business Mobile Service plan, any unused allotment of Business Mobile Service from one billing cycle will not carry over to any other billing cycle.
Customer's first billing cycle will begin upon the earlier of Device activation or seven (7) days after the Device's shipment date, and Customer's first invoice may include partial-month charges for Service in addition to the charges above. All Mobile Service bills will be available via the MyAccount web portal and My Spectrum App. Customer will be billed separately for Business Mobile Service from any other Spectrum Business services, including Internet Service(s) or Spectrum Business TV™.
15. Unauthorized Charges: CUSTOMER SHOULD USE CARE WHEN ALLOWING ANOTHER PERSON, INCLUDING A CHILD OR OTHER MINOR TO USE A DEVICE ON CUSTOMER'S ACCOUNT. Customer is obligated to pay all charges incurred, including charges from any other user of a Device associated with Customer's account.
Many services and applications are accessible on or through a Device, including purchases of games, movies, music, and other Content. Some of these services are provided by Spectrum Business. Others are provided by third parties that may offer the option to bill charges to Customer's Spectrum Business bill or other methods of payment. Charges may be one-time or recurring. If the purchaser is permitted to have charges billed to Customer's account and so chooses, such charges will become part of the amount due for that billing cycle. Customer is solely responsible for all charges to such third parties, including all applicable taxes. In addition, Customer is solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. Spectrum Business may agree to provide billing services on behalf of third parties, as the agent of the third party. Spectrum Business will not be responsible for any dispute regarding charges between Customer and any third party. Customer must address all such disputes directly with the third party.
16. Spectrum Business' Right to Limit or End Business Mobile Service or this Agreement: Spectrum Business can, without notice, limit, suspend, or end Customer's Business Mobile Service or any agreement with Customer for any good cause, including, but not limited to: (1) if Customer: (a) breaches this Agreement; (b) resells its Business Mobile Service; (c) uses the Business Mobile Service only for residential use; (d) uses the Business Mobile Service for any illegal or fraudulent purpose or in violation of any acceptable use requirements; (e) installs, deploys, or uses any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a radio frequency signal without Spectrum Business' permission; (f) steals from or lies to Spectrum Business; (g) fails to pay its bill on time for any Spectrum Business service; (h) incurs charges larger than a required Deposit or billing limit, or materially in excess of its monthly access charges (even if Spectrum Business hasn't yet billed the charges); or (i) is unable to pay Spectrum Business or goes bankrupt; or (2) if Customer or any user of Customer's Device, or any line of Business Mobile Service on Customer's account: (a) threatens, harasses, or uses vulgar and/or inappropriate language toward Spectrum Business' representatives; (b) interferes with Spectrum Business' operations; (c) "spams" or engages in other abusive messaging or calling; (d) modifies its Device from its manufacturer's specifications; or (e) uses Customer's Business Mobile Service in a way that negatively affects the network or other customers or that violates the restrictions in Section 8, above. Spectrum Business can also temporarily limit Customer's Business Mobile Service for any operational or governmental reason.
Spectrum Business' rights under this Section are in addition to any specific rights that Spectrum Business reserves in other provisions of this Agreement or in other Service Terms to interrupt, suspend, modify, or cancel Customer's Business Mobile Service and to terminate Customer's Agreement.
17. Porting: Customer may be able to transfer, or "port," its mobile phone number to another mobile network operator. If Customer ports a number from Spectrum Business, Spectrum Business will treat it as though Customer requested Spectrum Business to cancel Customer's Business Mobile Service for that number. After the porting is completed, Customer will not be able to use Business Mobile Service for that number, but Customer will remain responsible for all Business Mobile Service fees and charges incurred through the end of that billing cycle, and any Device charges, just like any other cancellation. If Customer ports a number to Spectrum Business, Spectrum Business may not be able to provide some services right away, such as E-911 services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SPECTRUM BUSINESS AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST.
Customer acknowledges and agrees that except as required by applicable law, Customer does not have any proprietary rights to the mobile number assigned by Spectrum Business, except for any right Customer may have to port it.
18. Location Information: Customer's Device or Business Mobile Service can determine the physical geographical location of the Device and Customer ("Location Information"). As described in the Spectrum Business Privacy Policy, Spectrum Business, along with its partners, may automatically collect Location Information or other customer data during Spectrum Business' provision of Business Mobile Service. Together, Spectrum Business, its partners, and/or the network service provider may use Location Information, as well as customer data, usage and performance information obtained from the network or Customer's Device, to provide mobile voice and data services, and to improve Customer's network experience and the quality of Customer's mobile experience. Location Information may also be used to create aggregate data from which Customer's personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes (e.g., scientific and marketing research, vehicle traffic volume and monitoring). It is Customer's responsibility to notify users on Customer's account that such information may be collected by such users' use of the Business Mobile Service or from Devices linked to Customer's account.
Customer's Device is also capable of using optional Content at Customer's request or the request of a user on Customer's account, offered by Spectrum Business or third parties that make use of a Device's Location Information ("Location-Based Service"). Customer should review the terms and conditions and the associated privacy policy for each Location-Based Service to learn how the location information will be used and protected. If Customer does not want the Location-Based Service to collect or use Location Information, Customer should disable location services on the Device using the Device settings.
19. 911 and Emergency Alerts: When making calls to a public safety answering point ("PSAP") from a Device, such as dialing 911, Customer should always be prepared to provide its location and phone number. Unlike calls from a traditional wireline phone, a PSAP may not know the emergency caller's location or phone number. Although some local emergency authorities have enabled E-911 services that use GPS or other methods to determine callers' locations, E-911 does not always provide accurate location information. If Customer's Device is indoors, cannot acquire a satellite signal, or otherwise cannot obtain the caller's location, the Location Information may not be automatically delivered to the PSAP. Also the process of porting a phone number may limit the Business Mobile Service from being able to provide location services to the PSAP during that time. If Customer makes a 911 call, the 911 operator may see a phone number that is different from Customer's personal phone number. There may be instances when the PSAP might not be able to call Customer back.
Calls to 911 over WiFi or a data connection may operate differently than traditional wireline calls to 911. Such calls may not connect to the PSAP, may be limited, or may be unavailable if Customer is experiencing a power outage, if there is a disruption in WiFi service or to the data connection, or if Customer is unable to access the Internet. If Customer's call connects to a PSAP, its Location Information and phone number may not be transmitted. Additionally, if Customer has not updated its emergency 911 address in the settings of their Device, their Device may provide a PSAP with Location Information that is different from Customer's calling location. Customer should be prepared to provide its location and phone number to the PSAP. If Customer is deaf, hard of hearing, or speech disabled and needs to reach emergency services, Customer should call 911 directly using TTY or a telecommunications relay service.
Spectrum Business may also provide wireless emergency alerts within portions of its Coverage Area on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all Devices or in the entire Coverage Area, or if Customer is outside of the Coverage Area. In areas in which the emergency alerts are transmitted, such alerts may not be received by a Customer or user of Business Mobile Service even though the user has a Device capable of receiving them.
20. Limitation of Liability: THE LIABILITY OF SPECTRUM BUSINESS, OR ITS SERVICE VENDORS, FOR DAMAGES OR LOSSES ARISING OUT OF THE FURNISHING OF BUSINESS MOBILE SERVICE HEREUNDER, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFAULTS, REPRESENTATIONS OR USE OF THE BUSINESS MOBILE SERVICE, OR ARISING OUT OF THE FAILURE TO FURNISH THE BUSINESS MOBILE SERVICE, INCLUDING E-911/911 SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, AND/OR LOSS OF ELECTRICAL POWER, SHALL BE LIMITED TO AN ALLOWANCE PRORATED FOR THE TIME PERIOD OF THE BUSINESS MOBILE SERVICE INTERRUPTION. SPECTRUM BUSINESS, INCLUDING ITS SERVICE VENDORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES THAT A CUSTOMER, OR CUSTOMER'S USERS, MAY SUFFER. FINALLY, SPECTRUM BUSINESS, AND ITS SERVICE VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN BUSINESS MOBILE SERVICE OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF CUSTOMER, ANY CUSTOMER USER, OR ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF CUSTOMER-PROVIDED OR USER-PROVIDED EQUIPMENT OR FACILITIES, OR DUE TO THE FAILURE OF CUSTOMER TO FULFILL ANY OBLIGATION UNDER THIS AGREEMENT.
THE SUPPLIER(S) OF BUSINESS MOBILE SERVICES TO SPECTRUM BUSINESS SHALL HAVE NO LIABILITY WHATSOEVER FOR CUSTOMER'S LOSSES, CLAIMS, OR DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO FAILURE OR DISRUPTION OF THE BUSINESS MOBILE SERVICE PROVIDED HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CUSTOMER SHALL NOT BE DEEMED A THIRD-PARTY BENEFICIARY OF ANY CONTRACT BETWEEN SPECTRUM BUSINESS AND SPECTRUM BUSINESS' BUSINESS MOBILE SERVICE SUPPLIER OR ANY OTHER SERVICE VENDOR.
21. Disclaimer of Warranties: EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED IN AN UNALTERED FORM CONTRACT WITH A DEVICE CUSTOMER PURCHASED FROM SPECTRUM BUSINESS, AND TO THE EXTENT PERMITTED BY LAW, CUSTOMER'S BUSINESS MOBILE SERVICE AND DEVICES ARE PROVIDED ON AN "AS IS" BASIS AND SPECTRUM BUSINESS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT CUSTOMER'S BUSINESS MOBILE SERVICE, DEVICES, OR ANY APPLICATIONS CUSTOMER ACCESSES THROUGH ITS DEVICE. SPECTRUM BUSINESS DOES NOT WARRANT THAT CUSTOMER'S DEVICE OR BUSINESS MOBILE SERVICE WILL WORK PERFECTLY OR BE FREE FROM INTERRUPTIONS OR VIRUSES. SPECTRUM BUSINESS DOES NOT WARRANT THAT CUSTOMER'S DEVICE WILL NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITIES. SPECTRUM BUSINESS DOES NOT WARRANT THAT VOICEMAILS, MESSAGES, OR ANY OTHER INFORMATION (INCLUDING VIDEOS AND PICTURES) WILL BE PRESERVED IF SPECTRUM BUSINESS SERVICES CUSTOMER'S DEVICE. SPECTRUM BUSINESS DOES NOT WARRANT THAT CUSTOMER'S COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT CUSTOMER'S COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR AND SPECTRUM BUSINESS HAS NO LIABILITY WHATSOEVER FOR ANY SUCH OCCURRENCE.
22. Intellectual Property: Customer must respect the intellectual property rights of Spectrum Business, its third-party Content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Spectrum Business or accessed through Spectrum Business' websites. Spectrum Business intellectual property and related documents are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. All Spectrum Business websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, "Marks") and those of its affiliates are and shall remain Spectrum Business' and its affiliates' exclusive property. Nothing in this Agreement shall grant Customer the right or license to use any of the Marks.
23. Entire Agreement: This Agreement shall be posted along with the Spectrum Business Services Agreement and Service Terms governing Customer's use of Business Mobile Service at https://www.spectrum.com/business, under "AUP & Terms of Service," and are the only terms and conditions that govern Spectrum Business' Business Mobile Service. No undertaking, representation, or warranty made by any agent or representative of Spectrum Business in connection with the sale, installation, maintenance or removal of Business Mobile Service shall modify or amend this Agreement or the Service Terms.
24. English Language: The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
I acknowledge that I have read and accept the SPECTRUM BUSINESS MOBILE SERVICES AGREEMENT
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Borrower's Signature (date)