Montana Wireless Terms and Conditions
By using Montana Wireless, you agree to comply with and be held accountable to the terms of this Agreement. You must be at least 18 years old and have legal capacity to accept this agreement. If you are purchasing Service for an organization, you must be authorized to enter into this agreement on behalf of the organization.
You can cancel Service within 15 days of accepting this agreement without incurring charges past the date of cancellation as long as you return all equipment, along with original packaging, in like-new condition.
We may change prices or other terms of Service at any time after providing written notice. Using the Service after the change takes effect constitutes acceptance.
The Service utilizes radio transmissions and is not available when out of range of a transmission site. Weather, topography, buildings, device used, network traffic and other conditions out of Montana Wireless's control may cause dropped calls or other problems.
Use of Service
The Service may be used only for lawful purposes. You shall not use the Services to promote illegal activity or to transmit, distribute or store material that violates any applicable federal, state, local or international laws or regulations. You agree not to resell the Service or use the Service for any purpose such as may damage, disable, overburden or impair the Montana Wireless network. You are responsible for any misuse of the Service that occurs through your account, whether by a member of your household or an authorized or unauthorized third party. You are solely responsible for the security of any device connected to the Services, including any data stored on that device.
Montana Wireless may require you to provide a deposit. Even if you have provided a deposit, you must pay your bill in a prompt manner. Your deposit may be refunded after twelve months of satisfactory payment activity.
Billing and Payment of Charges
You agree to pay all charges for services furnished to you including regular monthly service charges (access and service features), usage charges for all calls and data sessions processed through your handset or other device or through any number assigned to you such as, but not limited to, call forwarded calls and applicable taxes and fees. Usage charges include charges for calls that are sent from or received by your device and include any applicable other charges (e.g. directory assistance, messaging, mobile data usage and downloads). Your monthly service and features are billed in advance and may be prorated based on a 30-day calendar month in the first month of service. Rate plan changes may be prorated to accommodate the billing cycle. All charges are payable in full upon billing. Montana Wireless reserves the right to immediately limit or terminate services without notice if Montana Wireless, in its discretion, deems roaming or data usage to be excessive.
If payment is not received in a timely manner, you will receive a disconnect notice. Failure to remit payment will result in termination of your Service. In order to reactivate the Service, the outstanding balance must be paid in full, a reactivation fee may be required and Montana Wireless may require a deposit. Late payment charges may be applied at the maximum rate allowed by law and shall accrue from the statement date on any overdue accounts regardless of whether Service has been terminated. You will be charged a returned check fee up to the maximum allowed by state law for any checks returned for insufficient funds. If you default on your balance due to Montana Wireless, you are responsible for the cost of collection and similar expenses incurred by Montana Wireless.
You consent to allow Montana Wireless to contact you about your account status, including past due or current charges, using prerecorded calls, email and calls or messages delivered by an automatic telephone dialing system to any wireless phone number or email address you provide.
You may be able to take, or “port”, your wireless phone number to another carrier. If you port a number from Montana Wireless, we will assume you wish to cancel your Service for that number. You won’t be able to use our service for that number but remain responsible for all fees and other charges through the date of termination just like any other cancellation. You have no ownership rights to the phone number except for any right you may have to port it.
Montana Wireless does not charge for roaming; however, we have agreements with other carriers to allow voice and data coverage outside of the Montana Wireless serving area to provide nationwide service. Your handset will indicate when you are roaming. Quality and availability of service is not guaranteed while roaming. In addition, some features may be unavailable when roaming. Montana Wireless Service is available to customers who live within the Montana Wireless serving area and is intended to be used primarily within this area.
Any applicable federal, state and local use, public utility or other taxes, fees or charges imposed on Montana Wireless as a result of providing the Service or the device to you will be added to your charges when required by law. If you have been granted tax exempt status by any taxing agency, you must provide Montana Wireless with adequate documentation before we can honor that tax exempt status.
Disclaimer of Warranties
Montana Wireless makes no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products.
Limitation of Liability
Montana Wireless strives to provide continuous service; however, we cannot promise error-free service. The liability of Montana Wireless for losses or damages arising out of errors, omissions, interruptions, delays or defects in any of the Services or facilities provided by Montana Wireless shall be limited to a pro rata abatement of the charges payable by the customer for the period during which the services or facilities were affected by the error, omission, interruptions, delay or defect. Montana Wireless will have no liability for interruptions or outages of service of 24 hours or less. Under no circumstances will Montana Wireless be liable for lost profits, loss of business or any other incidental or consequential damages of any kind or nature arising out of or related to the providing of, or failure to provide, service. Montana Wireless's performance shall be excused if caused by the failure of any equipment used in providing the Service, acts of God, strikes, equipment or facility shortages, changes in Service caused by regulatory requirements or other causes beyond Montana Wireless's reasonable control. Montana Wireless is not liable for any damages resulting from, or in connection with, any interruption or failure of 911 or E911 emergency services; or identification of the number, address or name associated with any person accessing such emergency service from your phone. You assume all risks of the use of the Service including, but not limited to, any risk of traffic accidents which may result from using the service and you release and indemnify, defend and hold harmless Montana Wireless from, and against, any and all claims, losses, and/or damages resulting from the use of this Service. Montana Wireless encourages safe driving habits and hands-free operation of mobile devices.
Montana Wireless and its agents offer no warranty on equipment they sell. Montana Wireless shall have no liability whatsoever with respect to the use or installation of mobile equipment or for personal or property damage resulting from said equipment’s use or installation.
Your device must be certified for use on our network and be compatible with your Service. We may change your device’s software, applications or programming remotely, without notice for administrative, network or business purposes. This could affect your stored data or how you have programmed your device.
You should notify us immediately of you lose your device or if it is stolen so we can suspend your Service to keep someone else from using it. If you delay reporting the loss or theft, you may be held responsible for any charges incurred while the device is not in your possession. We will waive the reactivation fee if your Service is suspended due to loss or theft and you later recover your device.
If you have chosen a finance commitment to acquire a device, all of the above terms and conditions still apply. A down payment may be required with the finance commitment as determined by credit. If Service is terminated before the financed amount has been paid off, you will be billed for the remaining balance of that finance commitment which is due and payable immediately.
You and Your Rights
Should you have questions or concerns regarding your bill, please contact us to speak with a billing representative. You are obligated to pay for charges incurred while we investigate a dispute. Contact a Montana Wirelessrepresentative to report any outages or other troubles you may encounter. Should you choose to cancel service, you can either call or write us a letter.
Terms and Conditions are updated periodically.
The use of Montana Wireless Services constitutes acceptance and agreement to abide byTerms and Conditions and other policies as outlined at www.MontanaWireless.net.