Conditions of Use
Thank you for choosing GCI. In this Customer Agreement, you’ll find important information about your Service, including our ability to make changes to your Service or this agreement’s terms, and our liability if things don’t work as planned. If you’re signing up for Service for a minimum contract term, you’ll also find information about that contract term and what happens if you cancel a line of Service early or don’t pay on time.
Your Service terms and conditions are part of this agreement. Your Plan includes your monthly allowances and features, where you can use them (your “Coverage Area”), and their monthly and pay-per-use charges. You can also subscribe to several Optional Services, like messaging packages. Together, your Plan and any Optional Services you select are your Service. The terms and conditions for your Service can be found in the contract you were given when you activated your Service or on gci.com. You may change your calling plan to another GCI plan currently offered by us, and the new plan’s rates and conditions will take effect the first day of the next billing cycle. If you change your calling plan or service in the future, you may be subject to new terms and conditions, including a new minimum term. If you make changes to your Service, some plans and features may no longer be available.
How Do I Accept This Agreement?
You accept this Agreement by: (1) agreeing in writing, by email, over the phone, or in person or (2) activating and using your Service.
When you accept, you’re representing that you are at least 18 years old and are legally able to accept an agreement. If you’re accepting for an organization, you’re representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. Any authorized agent or person so designated on the front of this Agreement (as may be changed by you from time to time in writing) or any person authorized by you in writing may receive information about and make changes to your account. If you are receiving Service on a Rate Plan through your employer, you authorize us to share your account information with your employer.
If you don’t want to accept, don’t do any of these things. If you do accept, you can cancel a line of Service within 14 days of accepting without having to pay an Early Termination Fee as long as you return any equipment you purchased from us at the time you accepted, but you’ll still have to pay for your Service through that date and any applicable restocking fees. If you signed up for Prepaid Service, no refunds will be granted after 14 days or if your account has been activated. Billing for roaming charges may be delayed due to reporting between carriers. Roaming charges will be applied to your account at the time they are reported to GCI and may not be applied to the same bill cycle that corresponds with when the usage occurred.
Under federal law, you have a right and we have a duty to protect the confidentiality of certain personal information that we obtain solely by virtue of providing your telecommunications services. This information, called Customer Proprietary Network Information (CPNI), includes information that relates to the quantity, technical configuration, type, destination, location, and amount of your use of our service and related information in your bills. It does not include your name, address, or telephone number. We may use your CPNI to provide or market our wireless products and services to you, to protect GCI’s right or property, to provide information to emergency personnel, and to protect you or others from fraudulent, abusive, or unlawful use of our services. We also may use your CPNI to comply with any law or legal process (such as a court order or subpoena).
Your acceptance of this Agreement, constitutes your consent that we may use your CPNI to market additional GCI services to you, whether on our own or with third parties.
Your consent, which may enhance GCI’s ability to offer products and services tailored to your needs, remains in effect unless withdrawn or revoked by you, which you can do at any time. To remove this consent at any time, notify us in writing at the address set forth on the front of this Agreement, providing your (1) name, (2) home address, (3) home telephone number including area code, (4) wireless number including area code, (5) Service billing address, and (6) service account number. Removing consent will not affect your current Service. This consent survives the termination of your service and is valid until you remove it.
The Federal Communications Commission (FCC) requires that customers set up and use a Private Identification Number (PIN) when communicating with their telecommunications provider to obtain certain information about, or to make certain changes to, their telephone account. Use of this PIN may be waived by the account owner or authorized account user, by contacting GCI Customer service. This waiver will remain in effect until revoked by the account owner.
What Happens if Service Is Canceled Before the End of My Contract Term?
You may terminate this Agreement , for any reason and without incurring Early Termination Fees, within fourteen (14) days of accepting your Agreement, PROVIDED, you will remain responsible for any Service fees and charges incurred. If you purchase Equipment directly from GCI in connection with your Agreement, but you terminate within 14 days and fail to return the Equipment to GCI, you may be subject to an Equipment Fee in the maximum amount of the difference between the no-contract price of the Equipment and the amount you actually paid for the Equipment. GCI may charge you a restocking fee for any returned Equipment.
If you’re signing up for Postpaid Service, you’re agreeing to subscribe to a line of Service either on a month–to–month basis or for a minimum contract term, as shown on your receipt or order confirmation. (If your Service is suspended, that time may not count toward completing your contract term.) Once you’ve completed your contract term, you’ll automatically become a customer on a month–to–month basis for that line of Service.
If you cancel a line of Service, or if we cancel it for good cause, during its contract term, you’ll have to pay an Early Termination Fee. Your Early Termination Fee will be $14.59 or $10.42 for each full month remaining on your contract depending on your device type. Cancellations will become effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred until then. If you purchased your wireless device from an authorized agent or third–party vendor, you should check whether they charge a separate termination fee.
Can I Take My Wireless Phone Number to or From Another Carrier?
You may be able to take, or “port,” your wireless phone number to another carrier. If you port a number from us, we’ll treat it as though you asked us to cancel your Service for that number. After the porting is completed, you won’t be able to use our service for that number, but you’ll remain responsible for all fees and charges through the end of that billing cycle, just like any other cancellation. If you are still in contract, you will be subject to Early Termination Fees. If you port a number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. If you cancel or suspend your service before porting your number, you may lose your wireless number.
Can I Have Someone Else Manage My Account?
Yes, simply tell us by phone, in person, or in writing. You can appoint someone to manage your account for a single transaction, or until you tell us otherwise. The person you appoint will be able to make changes to your account, including adding new lines of Service, buying new wireless devices, and extending your contract term. Any changes that person makes will be treated as modifications to this agreement.
Can GCI Change This Agreement or My Service?
We may change prices or any other term of your Service or this Agreement at any time, but we’ll provide notice first. If you use your Service after the change takes effect, that means you’re accepting the change. If a change to your Service or this agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no Early Termination Fee.
If you lose your eligibility for a particular Rate Plan, we may change your Rate Plan upon prior notice to you. If you misrepresent your eligibility for any Rate Plan, you agree to pay us the additional amount you would have been charged under the most favorable Rate Plan for which you are eligible.
My Wireless Device
You are responsible for all phones and other devices assigned to your account or containing a SIM (Subscriber Identity Module) assigned to your account. Your wireless device must comply with Federal Communications Commission regulations, be certified for use on our network, and be compatible with our service. Please be aware that we may change your wireless device’s software, applications or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use your wireless device. By activating Service that uses a SIM card, you agree we own the intellectual property and software in the SIM card, that we may change the software or other data in the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. Please note that your wireless device may not work with another wireless network, or the other wireless carrier may not accept your wireless device on its network. We are not responsible for any modifications you make to your phone. Your use of GCI Wireless service constitutes your acknowledgement and agreement that GCI is not the manufacturer of wireless equipment, developer of wireless software, and is not responsible for content you access via the network.
GCI takes no responsibility for online activity on your wireless device. GCI does not review messages or content you may generate or post, and GCI Wireless is not responsible for what is contained in those messages or content.
Where and How Does GCI Wireless Service Work?
Wireless devices use radio transmissions. If your device isn’t in range of a wireless tower, you will not get service. And please be aware that even within your Coverage Area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage, and weather.
From time to time, the Services offered by GCI may be interrupted. Interruptions of service may occur for any number of reasons. Use of GCI Wireless service constitutes the account holder’s acknowledgment that both planned and unforeseen interruptions to service will occur from time to time. The account holder acknowledges and agrees that GCI shall not be liable for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of GCI. Our coverage maps do not guarantee you service at any specific location, and your Coverage may change without notice.
GCI Wireless Data Fair Use Policy
Your subscription to and use of GCI Wireless Data service constitutes acceptance of and agreement to comply with the requirements and terms of the GCI Wireless Data Fair Use Policy. You acknowledge that you have read and understand the Policy and agree to comply with the rules, standards and guidelines set out in this Policy, and that GCI has the right to enforce the Policy in its sole discretion. This means that if you or anyone using your Services violates any provision of this Wireless Data Fair Use Policy, GCI may take all appropriate action, including issuing a warning to you or termination of your account privileges, with or without notice. Prospective customers who cannot or otherwise believe that they may not comply with the Policy requirements should not purchase services from GCI. Current customers who cannot or choose not to comply should deactivate their service. Early Termination Charges may apply if you choose to terminate Service prior to the end of your service term. GCI reserves the right to modify its Wireless Data Fair Use Policy at any time without notice. Your continued use of a GCI Wireless Data account constitutes acceptance of the then-current Wireless Data Fair Use Policy in place as posted on GCI’s website.
GCI encourages its Customers to participate in the online world to express their views and benefit from the interactive experience. However, it is important to remember that there are rules and standards described in this Policy that you must abide by as a GCI Wireless Data Customer. As the account holder, you are solely responsible for any and all use made of your GCI Wireless Data account, including the conduct of anyone else using your account. Violations of this Policy by a particular account will be the responsibility of the account holder, regardless of whether the account holder was personally responsible for the violation. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through the GCI Wireless Data Plan.
Permissible Uses of GCI Wireless Data
You may only use GCI Wireless services for lawful purposes. You can use our Data Plans and Features for accessing the Internet and for such uses as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP).
You may use your GCI Wireless Data account to make only one connection at any given time, unless you have specifically purchased an account that is, in GCI’s sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from a GCI Wireless Data account, except as noted, are prohibited. Any account found connected to two or more devices at the same time may be suspended immediately and an appropriate penalty imposed. Any data usage attributable to a party other than the original subscriber may be billed back to the original subscriber up to $3 per MB on a retroactive basis.
GCI may offer plans that will allow you to use your device as a modem for computer-based internet access (sometimes referred to as tethering: a connection between your device and a computer) however all data used on these plans in such a manner will be counted toward your included usage allowance and any data used in excess of the included usage in your data plan will be subject to additional usage charges.
Prohibited Uses of GCI Wireless Data
You may not use our Data Plans and Features for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service, interferes with the network’s ability to fairly allocate capacity among users or that otherwise degrades service quality for other users. Examples of prohibited usage include but are not limited to: (i) server devices or host computer applications, including continuous Web camera posts or broadcasts, or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (iii) below) or otherwise denigrate network capacity or functionality; (ii) as a substitute or backup for private lines or dedicated data connections unless specifically designated in your contract; (iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or email use by others; (iv) generating “spam” or unsolicited commercial or bulk email (or activities that facilitate the dissemination of such email); (v) any activity that adversely affects the ability of other users or systems to use either GCI’s Wireless services or the Internet-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (vi) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, GCI’s or another entity’s network or systems; or (vii) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions, unless they adhere to GCI’s requirements for such usage, which may be changed from time to time.
GCI System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. GCI will investigate incidents involving such violations and will report any suspected criminal activity to, and cooperate with, all appropriate law enforcement agencies.
Management of GCI Data Resources
To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, GCI is required to manage its wireless network. Therefore, GCI may manage its network by temporarily reducing data throughput for a subset of customers who use a disproportionately large amount of network bandwidth. GCI may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity, or in ways that otherwise may degrade service quality. While we may make systems available that allow for review of current usage, we have no obligation to provide such systems, and you understand they are provided for convenience sake only. Data used and charged to you may vary widely, even between identical actions or data sessions. Estimates of data usage – for example, the size of downloadable files – are not reliable predictors of actual usage. Your bill won’t separately list the number of MB attributed to a specific action/data session.
What Are The Voice And Data Plan Requirements?
A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms governing your plan. If it is determined that you are using a voice-capable Device without a voice plan, GCI reserves the right to add a voice plan to your account with the greatest monthly voice usage allowance and bill you the appropriate monthly recurring fee. If you determine that you require less voice usage, you may request a lower usage voice plan, and upon that change, your account will be prorated to the requested voice plan.
An eligible data plan is required for certain Devices, including Smartphones. If it is determined that you are using a Smartphone without an eligible data plan, GCI reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fees. In the case of the data plan, you will be placed on the data plan which provides you with the greatest monthly data usage allowance. If you determine that you require less data usage in a month, you may request a lower data tier at a lower monthly recurring fee, and your account will be prorated to the requested data plan.
You may receive special pricing when you combine GCI services. Early termination of any aspects of the package may result in GCI rerating the remaining services at non-package or promotional pricing.
What Are My Charges?
You agree to pay all access, usage, and other charges that you or the user of your wireless device incurred. For Postpay Service, our charges also include Federal Universal Service, Regulatory and Administrative Charges, and we may also include other charges related to our governmental costs. If you select a Rate Plan with included airtime, unused included airtime from one billing cycle will not carry over to any other billing cycle.
Government Taxes, Fees, and Surcharges
You must pay all taxes, fees, and surcharges set by federal, state, and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
What Are Roaming Charges?
You are “roaming” whenever your wireless device uses a transmission site outside of GCI’s network footprint or uses another company’s wireless network. Sometimes roaming may occur even within your Home Coverage Area. There may be higher rates and extra charges (including charges for long distance, tolls, or calls that don’t connect) for roaming calls, depending on your Plan. An average of 90% of your in-state usage must occur within the GCI Wireless Network Footprint. An average of no more than 10% of your in-state usage may originate on an in-state roaming partner’s network (out-of-state roaming calls are excluded from this 90/10 count and additional charges may apply).
In regards to data services, your device is intended to be used primarily on our wireless network and only occasionally on roaming partner networks. Accounts that incur 50% or more of their data usage over a billing cycle on roaming partner networks may be subject to cancellation, restriction, or interruption of service.
How Does GCI Calculate My Charges?
For charges based on the amount of time used or data sent or received, we’ll round up any fraction to the next full minute or, depending on how you’re billed for data usage, the next full megabyte. For outgoing calls, usage time starts when you first press SEND 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 you press END or after the call disconnects. For calls made on our network, we only charge for calls that are answered, including by machines. Usage cannot always be processed right away and may be included in a later bill, but the usage will still count towards your allowance for the month when the Service was used.
If an incoming call has been forwarded to another phone number, you will be charged for the entire time that our system handles the call. Those calls may be subject to additional long distance or roaming fees. For calls made from or received in your local area (as defined in your Rate Plan), you will not be charged for busy or unconnected calls if you press “End” within a reasonable time. If your Phone is used for Short Messaging Service (texting), you will be charged for messages as described on your Rate Plan.
Data transport is calculated in full megabyte (MB) increments, and actual transport is rounded up to the next full MB of data transport for every fraction of the last MB of data transport used on each data session. Additional activity such as—VPN connectivity, software update requests, email notifications, and resent requests caused by network errors–can increase measured MB.
How and When Can I Dispute Charges?
You may dispute your bill within 30 days of receipt, but unless you’re disputing charges because your wireless device was lost or stolen or unless otherwise provided by law, you still are required to pay all charges until the dispute is resolved. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction of the amounts owed, must be (i) in writing, (ii) marked “Billing Dispute” on the outside of the envelope, (iii) sent to our address on the front of the Agreement, and (iv) received by us within 30 days of receipt of the invoice. If any of these requirements are not met, you will waive any objection to the billing.
About My Payments
GCI will provide your bill in a format we choose, which may change from time to time. Payment of all charges is due upon receipt of invoice. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, GCI may make reasonable adjustments and prorations. Airtime usage may be billed in a subsequent month due to delayed reporting between carriers.If you have authorized payment by credit card or ACH (Automatic Clearing House), no additional notice or consent will be required for billings to that credit card or account.
If you’re a Prepaid customer, you may replenish your balance at any time before the expiration date by providing us with another payment. Your balance may not exceed $1,000 and you may be prevented from replenishing if your balance reaches $1,000. We will suspend service when your account reaches the expiration date and any unused balance will be forfeited.
GCI may charge you up to $25 for any returned check.
What if I fail to pay my bill?
If GCI does not receive payment in full by the due date stated on your bill, to the extent permitted by law, we may charge you a late fee of up to 1.5 percent a month (18 percent annually) on unpaid balances or a flat $5 per month fee, whichever is greater. GCI may file a collection action in court to collect any amounts past due. GCI may also charge you for any collection agency costs and reasonable attorney’s fees. GCI may at any time require you to provide updated credit information, make an advance deposit, or increase your deposit. GCI can apply deposits, payments, or prepayments in any order to any amounts you owe us on your account. You can’t use a deposit to pay any bill unless we agree. Deposits are returned after your service ends, after deducting any outstanding charges owed by you. GCI does not pay any interest on deposits, and does not refund final credit balances of less than $10. GCI may also charge you a declined payment charge on any returned payment. If you fail to pay your wireless balance, other GCI services may be suspended as well. If we suspend your Services due to nonpayment, we are not responsible for any damages caused due to suspension.
What if My Wireless Device Gets Lost or Stolen?
GCI is here to help. It’s important that you notify us right away, so we can suspend your Service to keep someone else from using it. If you’re a Postpay customer and your wireless device is used after the loss or theft but before you report it, and you want a credit for any charges for that usage, we will review your account activity and any other information you’d like us to consider. However, keep in mind that you may be held responsible for the charges if you delayed reporting the loss or theft, but you don’t have to pay any charges you dispute while they are being investigated. If we haven’t given you a courtesy suspension of recurring monthly charges during the past year, we’ll give you one for 30 days or until you replace or recover your wireless device, whichever comes first. If your device is not covered by insurance, you may be required to purchase a new device at retail price. Additionally, you will still be responsible for the remainder of your contract.
Use of GCI Wireless Services for Unlawful Purposes
You may only use GCI Wireless services for lawful purposes. You are responsible for ensuring that your conduct when using GCI Wireless Services conforms to the requirements of all applicable federal, state and local laws and regulations (including foreign or international law where appropriate), and all rules, standards, and policies issued by GCI Wireless, or any applicable service provider or on-line service. The laws that apply in the offline world must be obeyed on-line as well. Any GCI Wireless account found to be engaged in any unlawful activity will be immediately terminated and reported to appropriate law enforcement and/or other governmental officials.
In connection with the investigation of possible misuse or unlawful use of GCI Wireless services, whether initiated by GCI or any law enforcement or governmental agency, GCI is required to cooperate with law enforcement or governmental authorities, including complying with search warrants, court orders and subpoenas.
What Are GCI’s Rights to Limit or End Service or End this Agreement?
GCI can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, if you’re a Postpay customer, (f) pay late more than once in any 12 months; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven’t yet billed the charges); (h) provide credit information we can’t verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
Am I Eligible for Special Discounts?
If you’re a Postpay customer, you may be eligible for a discount if you are and remain affiliated with an organization that has an agreement with us. Unless your discount is through a government employee discount program, we may share certain information about your Service (including your name, your wireless telephone number and your total monthly charges) with your organization from time to time to make sure you’re still eligible. We may adjust or remove your discount without notice to you according to your organization’s agreement with us, and remove your discount if your eligibility ends or your contract term expires. In any case, this won’t be considered to have a material adverse effect on you. In addition, if you are enrolled in Adult Public Assistance, Food Stamps, or similar government programs, you may be eligible for reduced rates with GCI’s LIFELINE Service.
Disclaimer of Warranties
We make 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 E–911, 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. This paragraph shall survive termination of this Agreement. We authorize no one, including our employees or agents, to make any warranties on our behalf.
Waivers and Limitations of Liability
We are not liable for acts or omissions of another service provider for information provided through your Phone or wireless device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for Service outages, nor for Service limitations or interruptions. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our Service charges during the affected period. We, and any underlying carrier, are not liable for any incidental, indirect, special, punitive or consequential losses or damages including lost profits. We and any underlying carrier are not liable for (i) economic loss or injuries to persons or property arising from use of the Service, the Phone or wireless device or any equipment used in connection with the Phone or wireless device, including but not limited to use in a vehicle, (ii) the installation or repair of the Phone or wireless device by any parties who are not our employees; or (iii) damages due to use of third party products or services. We are not liable for any acts associated with the proper exercise of rights under the privacy and/or unauthorized usage provisions of this Agreement. We are not liable for any losses due to missed, deleted or undelivered voice mails,text messages, or any other communications, even if you’ve saved them, or for any other information or data that may be modified, lost or deleted from any cause. This paragraph shall survive termination on this Agreement.
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