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You accept this Agreement and its terms and conditions of service when you give us a signature (original, photocopy, or facsimile) or when you subscribe to service via DCN’s website application. When you accept this Agreement, its terms and conditions of service will apply to all your wireless service from us, including all lines in service.
You must maintain service with us for your minimum term plus any additional time required by promotions you accept. If you end your service sooner, or if we terminate your service for cause, you must pay a minimum of $200 per number as an Early Termination Fee in addition to refunding any equipment discount you received. Periods of suspension do not count toward any minimum term. After the minimum term, you'll become a month-to-month customer under this Agreement. Requests to end service must be made in writing, faxed, mailed, or delivered to us thirty (30) days prior to the requested termination date. Some promotions may expire at the end of the minimum term and may not continue on a month-to-month basis. If at any time you change your service, you'll be subject to any requirements, such as a new minimum term, we set for that change. Changes to price plans are effective the first day of the billing cycle following our receipt and acceptance of your change request.
Your bill is our notice to you of fees, charges and other important information. You should read everything you receive with your bill. Your first bill will be larger than subsequent bills due to the first month prorated access and any applicable activation fees and equipment charges. Your bill will include federal, state, and local taxes in addition to surcharges, governmental fees and similar assessments. Minute allowances are prorated in the first and last months of service or plan changes. Unused airtime cannot be carried forward or credited against another month's usage. Your bill will include taxes, surcharges, and fees collected on behalf of various State and Federal agencies which include but are not limited to: State 911 Tax, State Reg Fee, DEAF Surcharge, ULTS Surcharge, CHCF-A, CHCF-B, and CTF Surcharge. Utility Users Taxes (UUT) are imposed by cities at varying rates. The Federal Numbering Services (FNS) fee, California Local Line Connect (CLLC) fee, and Federal Reg Fee are associated with DCN's compliance with various government-mandated programs including E911, Number Pooling, and Number Portability, and are DCN Wireless charges, not taxes.
Your home rate area may be local, regional, or national. You are roaming whenever you make or receive a call outside your home area or when using another carrier's transmission site. Your phone's roam indicator is not guaranteed as an accurate representation. Certain types of handsets and technology are required to participate in certain rate plans. Certain rate plans include roaming for free only when you are on the carrier's network, in which case you will incur roaming and/or long distance charges for calls made or received outside the network. It is your responsibility to periodically update your phone's preferred roaming information. You will incur toll and/or long distance charges when you are in a wireless calling area and place a call to a number outside that area. Your local calling area may be smaller than your home airtime area. Roaming, long distance, and toll charges are in addition to the normal airtime and access charges on your bill.
We bill usage charges after calls are made or received. Access charges are billed in advance. Usage billed (the billing cycle) does not coincide with access charges and can be billed up to three months after the date of use. Billing for roaming and long distance may be delayed depending on when the other carrier bills us. Calls are applied in the month they appear on your bill against airtime included in your plan for that month, rather than against airtime included in your plan for the month or cycle when you actually made or received the calls. This may result in charges beyond your expectation in the month they appear.
Promotions such as free nights and weekends, free mobile-to-mobile calling, service credits, and bonus minutes are limited time offers that may expire at the end of the minimum term or before. They are not always available, are not available on all plans, and may require an additional minimum term of service. If your service is terminated for any reason, you may lose the benefits of the plan and promotions to which you subscribed, however you will be eligible to participate in plans and promotions in effect at the time service is re-established. The benefits of the promotions apply only to calls within the home area; applicable long distance charges may apply. Night and weekend calling periods vary by carrier and are subject to change. Mobile-to-mobile discounts apply to calls to and from other DCN wireless users on the same underlying carrier to which you subscribe, and do not include voicemail connects, call forwarding, caller ID blocked numbers, or restricted or private calls. Other restrictions may apply.
Calls are billed in full minute increments, one (1) minute minimum. We bill for calls that connect, including calls to toll free numbers or answered by machine. We bill for incomplete or unanswered calls that ring for thirty (30) seconds or more. Additional features or services such as directory or operator assistance calls, voice mail, call forwarding, call waiting, three-way calling, data usage and downloads, and text messaging incur charges in addition to regular airtime charges. You agree to pay for all charges we bill you, even if you weren't the user of your wireless phone or didn't authorize its use. If your phone is lost or stolen, notify us in writing immediately. You are responsible for all charges until we suspend your service. If you wish to change carriers and take your wireless number with you, DCN will make the change for you at no charge. A porting fee of $85.99 will apply to port a DCN number if the change is not processed by DCN. One-time fees are charged per line for service activation ($35) and reactivation ($25), and for all service changes including (but not limited to) additions, deletions, or modifications to rate plans, equipment, and features ($15 each).
You have the right to dispute charges that appear on your bill, but only within sixty (60) days of receiving it. You must still pay any disputed charges until the dispute is resolved. Failure to pay your bill in full may result in service interruption, regardless of dispute status. Payment is due in full when you receive your bill, and is late if not received in full within fifteen (15) days from the statement date. Unpaid balances are subject to a late fee of 1.5% per month or $12.00, whichever is greater. We may require a deposit at any time to be held as a guarantee of payment of charges. We will not honor any limiting notations you make on or with your payment. We do not refund credit balances of less than $10 on closed accounts. We will charge you $25 for any returned check. We can, without notice, limit, suspend, or end your service or any agreement with you for cause, including but not limited to if: (a) your account is past due or you fail to fulfill a payment promise or obligation; (b) you use or permit your phone to be used for any purpose that's illegal; (c) you verbally or physically abuse or threaten our employee or agent; (d) you become insolvent or bankrupt; (e) you modify your phone from the manufacturer's specifications; (f) we detect or suspect cloning, subscription, or other fraud; or (g) you engage in spamming or other abusive messaging. You may have to pay a fee to reconnect service; reconnection is at our discretion. You will be liable for reasonable collection and legal fees we incur to collect unpaid balances on your account. The courts of the State of California, having jurisdiction in Los Angeles or Ventura County (Van Nuys or Simi Valley branch) shall be the proper venue for the determination of any dispute we cannot otherwise resolve.
We will not be bound by terms or conditions in your purchase order or elsewhere. Any representation, warranty, promise, or condition not specifically incorporated in this Agreement shall not be binding on us. We are licensed by the California Public Utilities Commission (CPUC). If you have a complaint about our service that you are unable to resolve with our customer service department, you may contact the CPUC Consumer Affairs Branch to request mediation. We cannot promise error-free service and we do not authorize anyone to make warranties on our behalf. DCN is not liable for lost calls or service due to weather, natural disaster, acts of God, radio limitations such as leaving the coverage area or entering areas not covered by the carrier, our employee or third party error or lack of performance, the malfunction or poor performance of your handset or equipment, or other reasons outside our control. If service is interrupted in your home area for more than twenty four (24) consecutive hours due to carrier problems, you will be entitled to a pro rated daily credit for the time we can confirm service was interrupted. This is the maximum of our liability for dropped or lost calls or service interruption.
Please contact DCN's Customer Service Department with any questions regarding your wireless service. Thank you for your business.
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