PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Updated: December 12, 2019
- TERM & EARLY TERMINATION FEE.
- Term. The Term of this Agreement for each Number depends on the selected rate plan, services, features, or promotions (“Rate Plan”) as shown in your Wireless Customer Contract (“Service Agreement”), if applicable. Your Service Agreement may require you to maintain voice and/or data service for a specified length of time (“Service Commitment”). If your Service Agreement requires a Service Commitment of more than one month (such as a two-year Service Agreement), you agree to purchase service for the full term of the Service Commitment. After the Service Commitment expires, or if your Service Agreement does not contain a Service Commitment (such as a “monthly” plan), this Agreement will continue until terminated by either party. For Prepaid plans, the Term of this agreement will continue until your Service is terminated by you or GCI pursuant to this Agreement.
- Termination. You may cancel your Service at any time subject to being charged any early termination fees and other fees as described in this Agreement, including any charges associated with termination of service under a separate device financing agreement, if applicable (see below). When you cancel your Service, or if we disconnect your Service, you are responsible for paying for your use of the Service through the date on which your termination takes effect. If you request to cancel your Service partway through a billing cycle, termination will not take effect until the end of that billing cycle, and you can continue to use the Service through the end of that billing cycle, unless you have already ported your number to another carrier. You will not receive any prorated refunds for canceling partway through a billing cycle. We will refund any other amounts due to you by mail after disconnection of the Service if there are no outstanding charges or early termination fees (if applicable).
- Early Termination Fee. If you terminate Service before the end of your Service Commitment, including by porting the Number to another carrier, or if we terminate your service before the end of your Service Commitment for good cause under Paragraph 2.d, you will be in material breach of this Agreement. You agree our damages will be difficult or impossible to determine and agree to pay us, as a reasonable estimate of our damages and in addition to all other amounts owing, an Early Termination Fee of $20.00 per month for each month (or any part of a month) remaining before the end of your Service Commitment. This fee will be in addition to all other amounts due for service or equipment. If at the time the Service is initiated we are unable to honor a request to port a telephone number into our service from another carrier, you may request that we assign you a different telephone number, or you may choose to terminate this Agreement without incurring an Early Termination Fee pursuant to the terms of the 14 - Day Trial Period Policy for New Wireless Service. Any termination charges shall not apply to a loss of eligibility for Lifeline customers. Please note that if you entered into a separate agreement with GCI that imposes a requirement for maintaining voice and/or data service with GCI for a certain length of time (such as a device financing agreement), there may be charges associated with termination of service before the end of that period. Please refer to that agreement for more information.
- RATES. Your Service rates and other charges and conditions for each Number or Device are described in your Service Agreement. 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. 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. We may also charge you for other reasonable taxes, charges, and cost recovery, including fees to port a telephone number into our Service from another carrier, or to port a telephone number out of our Service to another carrier. In-plan minutes and the Monthly Service Fee will be prorated for the number of days actually on service for the first month. The first month’s bill also will include a Monthly Service Fee for the following month (when applicable). Roaming charges are billed based upon the rates charged by the service area system providing such service. All pricing structures and fees, Rate Plan categories, and special features are subject to change by us.
- USE OF SERVICE/PHONE/NUMBER. You agree not to use the Device or Service for any unlawful or abusive purpose or in any way which damages our property or interferes with or disrupts our system or other users. You further agree that the Service is primarily for your use and the use of those living with you in your household only. You will comply with all laws while using the Service and you will not transmit any communication which would violate any law, court order, or regulation, or would likely harass the recipient. You are responsible for all content you transmit through your Device. Resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. We reserve the right to refuse to permit equipment purchased or acquired from others to be used with our Service. You may not install any amplifiers, enhancers, repeaters, or other devices which modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. You have no ownership rights to the Number, any IP address, or any e-mail address provisioned by us to be used with any wireless IP service, and you agree we may change any such Number, IP address, or e-mail address at any time with or without prior notice to you. By using Service, you agree to abide by the terms and conditions of any applicable software license.
- OFF-NET USAGE. The Service is intended to be used primarily on our wireless network and only occasionally on roaming partner networks. If your use of voice or data service (including unlimited services) on other carrier networks ("Off-Net Usage") exceeds your Off-Net Usage allowance during any two consecutive months, GCI may, at its option, terminate your Service, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for Off-Net Usage. Your Off-Net Usage allowance for voice is the lesser of 1,000 minutes, 50% of the Anytime Minutes included with your plan, or 90% of the total number of minutes you use in a given month. Your Off-Net Usage allowance for data is the lesser of 1GB, 50% of the wireless data usage included with your plan, or 90% of your total data usage in a given month. In addition, GCI may, at its option, terminate your Service, or deny your continued use of other carriers’ coverage, or change your plan to one imposing usage charges for Off-Net Usage if you no longer reside within the state of Alaska or if you have not used the Service on GCI’s network during any two consecutive months. GCI will notify you if and when it intends to take any of the above actions. Note that roaming is not available in all areas or for all services, and the areas where and the services for which roaming is available may change from time to time without notice.
- NUMBER PORTABILITY. If you request that we port a telephone number from another carrier to use as the Number for the Service, you specifically authorize us to communicate and exchange information with your current carrier to validate and complete the port, and to port your telephone number. We will make every effort to honor your request to port a telephone number from another carrier into our Service. You acknowledge that our ability to do so may be restricted by a number of factors, including but not limited to the policies or actions of the other carrier, the rate center in which the telephone number is assigned, or other technical, regulatory, or contractual limitations. If you terminate the Service pursuant to this Agreement, we will make every effort to honor your request to port the Number to another carrier. We may refuse to honor a request to port the Number to another carrier if the other carrier is not able to provide us with adequate validation information for your account. You acknowledge that E-911 service will be impaired during the processing of the port, which may take several hours or up to several weeks. If we receive a request from your new service provider to port your number, and we port it, we will treat it as notice from you to terminate our service. You will then be responsible for all fees and charges incurred on your Device, and if applicable, any Early Termination Fees or charges for terminating service before the end of a set period under a separate agreement with GCI. You acknowledge that it may take several days from the time of your request for the port to be completed and your Service with GCI to be terminated.
- FRAUDULENT, ILLEGAL, OR ABUSIVE ACTIVITY. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all such charges made to your account. After you notify us, we may, at our discretion, suspend your service for up to 30 days. Services suspended for longer than 30 days are subject to automatic cancellation, which may trigger Early Termination Fees or other charges as described in paragraph 1.a.ii. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage.
- PIN NUMBER. Private Identification Number Waiver for Business Customers - The FCC requires that customers set up and use a Private Identification Number ("PIN") when communicating with the Company to obtain certain information about, or to make certain changes to, its telephone account. Use of this PIN may be waived by the account owner or authorized account user, by contacting GCI Business Customer Service at 265-5454, or (800) 800-7754 (Toll Free), with proper authentication ("PIN Waiver"). The PIN Waiver will remain in effect until revoked by the account owner.
- NETWORK MANAGEMENT. In order to maintain the best possible experience for all customers receiving Service, and to protect our network, GCI uses reasonable network management practices. Consistent with industry standards, if a certain portion of the network grows congested, we may use a variety of network management techniques to ensure that all customers have fair access to the network, consistent with the limits of technology. For example, we may give priority on our broadband network to voice traffic and other latency-sensitive applications over web traffic that is less sensitive to slight delays. We may also prioritize or deprioritize traffic based on such factors as signal quality, how long the traffic has been in the queue, the number of users contending for system resources, the order in which traffic was received, the extent to which a user has placed demands on the network during the current billing cycle, and other factors. Customers whose traffic is de-prioritized may experience longer than normal times to download or upload files, somewhat slower Web browsing, or delays in online gaming. The network management practices we employ generally are dynamic and based on prevailing network conditions and very recent data usage of the individual account, the amount of overall usage during a monthly billing cycle, or both. We also attempt to save data by allocating bandwidth so that higher definition streaming video will generally be shown in DVD quality (about 480p). On most Devices this usually will reduce your data usage without noticeable reduction in perceived quality, although it may reduce your experience in some cases. These practices are intended to ensure adequate or better performance for the applications used by our customers, improve the overall performance of our networks, and ensure that network resources are shared equitably among customers during periods of heavy utilization. With the exception of efforts to ensure network security and integrity, and addressing traffic unwanted by our users (such as malware, viruses, denial of service attacks, spam, etc.), we do not prohibit the use of, block access to, or block traffic from any services or applications even when we use network management techniques. Locations in GCI’s statewide network that are served in part via satellite do not allow for the types of real-time congestion management described above. See below for additional details about specific plans. Certain network traffic data is stored and used specifically for network management and growth planning purposes by GCI.
- USE OF WIRELESS DATA. Wireless data plans may be used for accessing the Internet for such uses as: (i) Internet browsing; (ii) e-mail; (iii) intranet access (including accessing corporate intranets, e-mail and productivity applications made available by your company); (iv) downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). You are responsible for all users who are allowed access to your Service and all utilization and excess traffic accessed through the Service. Mobile hotspot (tethering) is intended for personal mobile consumption and is not intended to provide primary broadband connectivity. GCI does not guarantee any particular mobile broadband speed or network performance. Many factors affect the speed and performance that customers experience, including but not limited to: the technical limitations and configuration of the Device; the applications that are running on the Device; proximity to a cell site; the capacity of the cell site; the technology used at the cell site; the number of users trying to access the cell site; the surrounding terrain; use inside a building or in a moving vehicle; radio frequency interference; and features of your data plan. GCI provides an online interface (“Usage Viewer”) to allow customers to monitor the usage on their accounts. The Usage Viewer is a guide for estimating current usage, but real-time updates are not available as usage is consumed. In addition, totals from previous days may increase as the usage records are processed and reported in the Usage Viewer, and changes to your plan during the billing cycle may result in inconsistent usage reporting until a new billing cycle begins. If there is any anomalous traffic, you must report the issue to GCI within 3 business days of the anomalous traffic. If the anomalous traffic is reported promptly and results from circumstances outside your control, including without limitation a computer virus, spam attack, or denial of service attack, GCI may, in its discretion, confirm the source of the problem and provide usage credit for the anomalous traffic. If you have questions about your usage, please contact Customer Service. The Usage Viewer may not distinguish between usage in Extended Markets and other areas, to the extent this distinction is relevant to your Service. There may be content available through the Internet that is illegal, violates third party property or other rights, or is offensive. GCI is not responsible for the content contained on the Internet or otherwise available through the Service. GCI is not be liable for any claims, losses, actions, damages, suits, or proceedings arising out of, or otherwise relating to, such content. Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files, and data. GCI may, but is not required to, suspend or terminate availability of the Service if a virus is found on any customer devices or in any communications sent or received through the Service.
- For plans with specific amounts of included data usage (including but not limited to Single Line and Simply Share plans and some Prepaid plans): To ensure high quality and affordable Internet access for all GCI wireless subscribers, some GCI products (including but not limited to Single Line and Simply Share plans) include specific amounts of data usage in the regular monthly Service charge. GCI reserves the right to change these amounts at any time. If the change results in a reduction of service, GCI will provide at least 30 days’ notice. Any usage exceeding the included amount of usage will be invoiced and payable. Unless otherwise specified in your Service Agreement, all accounts will have a 5 Gigabyte usage allowance per month/billing cycle. Depending on your plan, we may do one of the following when you reach your applicable usage allowance amount during a billing cycle: (a) apply excessive usage charges at the rate specified in the Service Agreement, or if no rate is specified, at the rate of $.10 per MB for usage on our network and $1.00 per MB for usage on roaming partner networks; (b) terminate data usage for the applicable billing cycle; or (c) provide additional data usage at a reduced speed that may vary by location. In addition, we reserve the right to take actions which include, but are not limited to, rate limiting connection speeds and/or suspending or terminating service in the event that excessive usage charges are incurred.
- For Unlimited plans (including but not limited to Simply Unbeatable and some Prepaid plans): Some GCI products (including but not limited to Simply Unbeatable plans) include specific amounts of data usage provisioned at the full speed available at a particular location, with additional data usage being provided at a reduced speed that may vary by location. Such products are intended to be used primarily in certain areas, and only occasionally in other areas known as “Extended Markets.” Please call Customer Service or visit http://www.gci.com for more information including a list of Extended Markets. If you exceed the amount of included data in an Extended Market, we may suspend or terminate your Service without prior notice to you. GCI reserves the right to change the amount of included data in any area at any time. If the change results in a reduction of service, GCI will provide at least 30 days’ notice. Other data usage limits apply to using your Device as a mobile hotspot (also known as “tethering”) and to wearable devices. While tethering is permitted on these plans, they are not intended to replace a primary broadband connection. These data plans are designed with the intent that primary usage will occur on a smartphone or tablet. Mobile hotspot usage in excess of the amount of mobile hotspot data included in your plan in a single billing cycle may be reduced to slower speeds. We may limit the number of wearable devices that may be associated with your account. Excessive data usage above the amount of included data for a given location may result in limitation, suspension, or termination of your data service. Unlimited plans may not be marketed in all areas.
- For Prepaid plans (including but not limited to FastPhone): For GCI Prepaid plans (including but not limited to FastPhone), you must pay for Service in advance. Service is paid for in 30-day increments. Not all service plans and features are available for Prepaid customers. For more details about wireless data usage on a Prepaid plan, see paragraph 1.i.i or 1.i.ii above, depending on which type of Prepaid plan you have.
- TURBOZONE. TurboZone provides GCI Wireless subscribers with wireless access to the Internet and related services and features via GCI high-speed wireless Internet access points. GCI offers TurboZone to existing GCI Wireless customers with qualified data plans. Use of TurboZone is subject to the TurboZone Terms & Conditions, which are available on our website at http://www.gci.com/about/terms-and-conditions/turbozone-policies.
- VOICE OVER WI-FI.
- Wi-Fi Calling. GCI’s Wi-Fi Calling allows you to place and receive calls and messages (text and picture) over a Wi-Fi network connection. Once launched and enabled for your Device or plan, the Wi-Fi Calling function can be disabled through the settings menu of a Wi-Fi Calling compatible handset. Access to the Internet must be available through the Device’s Wi-Fi network connection. If the Wi-Fi network connection is lost while on a call, or the Wi-Fi network’s connection to the Internet is interrupted, the call may disconnect. Wi-Fi Calling availability and preferences may vary based on the Device manufacturer’s settings. Wi-Fi Calling is not available for all Devices and plans.
- 911 Emergency Calling. Emergency calls on your Device are routed through cellular service whenever available. If the Device is in airplane mode, you will be prompted to turn off airplane mode in order to complete the emergency call via the cellular network. If you have enabled Wi-Fi Calling and cellular service is not available, emergency calls may be made over Wi-Fi. In such event, any location information that can be obtained from your Device and the Wi-Fi network you are connected to may be used for emergency calls to aid response efforts, regardless of whether you have enabled Location Services. If you have enabled Wi-Fi Calling and cellular service and the Device’s location information are both unavailable, emergency calls will still be completed over Wi-Fi. However, because emergency calling over Wi-Fi requires an address to help emergency response services respond to calls, calls made to emergency services using Wi-Fi Calling will use a “Registered Location.” Users are required to provide a Registered Location in order to enable Wi-Fi Calling and it is the responsibility of the user to update the Registered Location. A Registered Location is the most recent information identifying the physical location of a user. Your Registered Location address cannot be a P.O. Box. You can update your Wi-Fi Registered Location for emergency calls by going to your handset settings and updating the address or by contacting GCI at 800-800-4800. It is your responsibility to keep this information up to date. Failing to do so may prevent emergency services from being properly routed to your physical location. Handsets utilizing Wi-Fi Calling for emergency calls may be limited to calls lasting up to a maximum duration of two hours. It is preferable to make emergency calls over traditional cellular or fixed line services, and only use Wi-Fi Calling features for such calls as a last resort.
- TTY. TTY may be unavailable or unreliable when using Wi-Fi Calling. If TTY services are needed (for an emergency call or otherwise), please disable the Wi-Fi Calling feature from your Device and continue using your existing TTY services on the GCI wireless network.
- Hearing Aid Compatibility. Handsets with Wi-Fi calling capabilities may not have been tested for hearing aid compatibility in this calling mode.
- International Calls. Wi-Fi Calling is not restricted to a geographic calling region. Voice calls dialed and received over Wi-Fi will continue to use the existing rates of your wireless plan. Calls made via Wi-Fi Calling to international numbers will be treated as an international long distance call and will be billed based on the international dialing plan that you have chosen. Calls received over Wi-Fi while located in an international location will not incur additional international roaming charges. Wi-Fi calls placed from an international location to a U.S. number will be treated as a domestic long distance call, no matter where you originated the call.
- WIRELESS EMERGENCY ALERTS. GCI has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service area, or if a subscriber is outside of the GCI service area. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting, please contact Customer Service, or go to https://www.gci.com/support/support-articles/wireless-emergency-alerts-faqs. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service).
- LATE PAYMENTS/DISPUTES. Time is of the essence for payment. If we do not receive payment in full by one month after the date of the invoice, we may charge you a late fee of $5.00 and a monthly finance charge of up to 0.875% (maximum 10.5% yearly) on unpaid balances. The finance charge will continue to accrue during the entire period of delinquency, up to the annual maximum. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We will assess an additional fee of up to the maximum amount allowed by law for any check returned for nonpayment. All amounts due, including disputed amounts, must be paid by the Due Date printed on the invoice regardless of the status of any objection. 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 set forth in paragraph 8.c. below, and (iv) received by us within 30 days after receipt of the invoice. If any of these requirements is not met, you will waive any objection.
- DEFAULT/TERMINATION. GCI may, without notice, limit, suspend, or terminate your Service or any agreement with you for any good cause, including but not limited to: (1) if we do not receive payment in full by one month after the date of the invoice; (2) if you have amounts still owing to us or an affiliate of ours from a prior account; (3) if you breach any representation to us or fail to perform any of the promises you made in this Agreement; (4) for unlimited plans, if there is excessive, non-incidental use of the Device or Service by parties other than you; (5) if you exceed your Off-Net Usage Allowance or any of the other restrictions described in paragraph 1.d above; (6) excessive use of data above your included data allowance or use of data above your included data allowance in a Simply Unbeatable Extended Market; (7) if you use Lifeline Service principally in a calling area different from the calling area of your physical household address; (8) if you are subject to any proceeding under the Bankruptcy Act or similar laws; (9) if you resell your Service; or (10) if you, any user of your Device or any line of service on your account, or any account manager on your account threatens, harasses, or uses vulgar and/or inappropriate language toward our representatives. We may require reactivation charges to renew Service after termination or suspension. Upon termination under this provision, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable Early Termination Fee. For Lifeline customers, if you lose your program eligibility, we may suspend your Service and/or terminate this Agreement upon 60 days' advance written notice to you.
- COLLECTIONS. You expressly authorize GCI and its outside collection agencies or other agents to contact you in connection with any and all matters relating to unpaid past due charges. We may refer your past due account to a collection agency to collect any amounts past due. You agree that if we incur collection or other legal costs as a result of nonpayment, you will be liable for the total past due amount, any returned check fees, and the costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or legal costs upon judgment. THIS STATEMENT OF GCI’S RIGHTS TO PURSUE COLLECTIONS DOES NOT LIMIT OR MODIFY YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH GCI PURSUANT TO PARAGRAPH 7 BELOW.
- DEPOSITS/SERVICE LIMITS/CREDIT REPORTS/RETURN OF BALANCES. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information about you, and you consent to our rechecking and reporting personal and/or business payment and credit history. If you believe that we have reported inaccurate information about your account to a consumer-reporting agency, you may send a written notice describing the specific inaccuracy to the address set forth in paragraph 8.c., below. We may require a deposit and a reactivation fee or set a service limit to establish, maintain or reactivate Service. The deposit will be held as a partial guarantee of payment. It cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. We may require you to increase your deposit at any time to reflect your estimated monthly charges based on actual usage or our reevaluation of your ability to pay. You may request that we reevaluate your deposit on an annual basis, which may result in a partial or total refund of the deposit to you or credit to your account. If you breach this Agreement or it is terminated, we may, without notice to you, apply any deposit towards payment of any charges due to us. After approximately 90 days following termination of this Agreement any remaining deposit or other credit balance in excess of $10 will be returned without interest to you at your last known address, with the exception of funds in your Wallet for Prepaid accounts, which are non-refundable. You agree that any amounts under $10 or amounts which are undeliverable, will be debited to cover the extra costs of closing your account.
- ACCOUNT INFORMATION. Any authorized agent or person so designated in your Service Agreement (as 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.
- CPNl CONSENT. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type and destination of your wireless service usage. 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 to the extent GCI or an affiliate publishes it in a directory of any format. 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). You also consent to us sharing your CPNI with other carriers to validate and/or accomplish any request for number portability into or out of our Service. 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. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at the address set forth in paragraph 8.c. below, providing your (1) name, (2) home address, (3) home telephone number including area code, (4) Number including area code, (5) Service billing address, and (6) service account number. Removing consent will not affect your current Service or the provisions of paragraph 2.f., above.
- CHARGES. You agree to pay all charges associated with the Service including, but not limited to: monthly service charges, airtime, access, features, data usage, roaming, long distance, international roaming, international dialing, fees, charges, third party charges, directory and operator assistance charges, the price of Devices and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service or purchase of goods. We reserve the right to deliver some or all of your long distance calls to a long distance provider of our choice. For all incoming and outgoing Service, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to initiate or answer a call until approximately the time you press "End" or other key to terminate the call. Airtime usage on each call is billed in full minute increments, with partial minutes of use rounded up to the next full minute. If an incoming call has been forwarded to another telephone number, you will be charged for the entire time that our system handles the call. For calls made from or received in your local area (as defined in your Service Agreement), you will not be charged for busy or unconnected calls if you press "End" or "No" within a reasonable time. If your Device is used for Short Messaging Service, you will be charged for messages as described on your Service Agreement. Subject to notice requirements or other legal limitations, we reserve the right to change monthly recurring fees, usage fees, connection fees, and equipment fees, or to add new fees, at our discretion and at any time.
- BILLING AND PAYMENT.
- For all plans: We will provide your bill in a format we choose, which may change from time to time. Payment of all charges is due upon the Due Date printed on the invoice. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations. Airtime usage may be billed in a subsequent month due to delayed reporting between carriers; this usage will be charged as if used in the month billed. 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.
- For Prepaid plans only: GCI Prepaid plans (including but not limited to FastPhone) give you access to our Service for a limited amount of time. Service is active for 30 days from the day you activate (including the activation date). Depending on the time of day you activate Service, your Service period may not equal 30 full 24-hour days. If you wish to continue Service for another 30 days, you can automatically or manually reactivate your Service by making a payment in a GCI store or authorized retailer, or online or over the phone using a credit card, or using amounts in your Wallet. You can add funds to your Wallet, and these funds will be used to automatically renew your Service at the end of each 30 day period. You can also set up your account to automatically renew using a credit card. Purchasing a different Prepaid plan restarts your 30-day cycle. If, after the end of a 30 day Service period, you do not reinstate service (i.e. you have not made a payment and there are not sufficient funds in your Wallet) for more than 60 days, your account will be disconnected. Upon disconnection, your Number will be reallocated and any amounts in your Wallet will be forfeited. In addition to automatic renewals, amounts in your Wallet can be used to pay for international and directory assistance calls or other charges on your account. Amounts added to your Wallet are non-refundable.
- CHANGES TO THIS AGREEMENT. GCI WILL GIVE YOU AT LEAST 30 DAYS’ ADVANCE NOTICE OF ANY CHANGES TO THIS AGREEMENT OR OUR SERVICE, IF SUCH CHANGE MATERIALLY ADVERSELY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT. However, shorter advance notice or no notice may be given if GCI believes that GCI or the Service might be adversely affected if longer notice were given. Notice may be given to you as set forth in Paragraph 8(c). If you do not agree to the amended Agreement, you may terminate the Service by giving us written notice by U.S. Mail within 30 days of the date we notify you. If you use the Service for more than 30 days after we notify you of a change, you agree to the amended Agreement. If we make changes to your plan or this Agreement that have a material adverse effect on you, you can cancel the Service that has been affected within 30 days of receiving the notice with no early termination fee. Please note that if you entered into a separate agreement with GCI that imposes a requirement for maintaining voice and/or data service with GCI for a certain length of time, there may be charges associated with termination of service before the end of that period. Please refer to that agreement for more information.
- INDEMNIFICATION. You agree to indemnify us for any damage, loss, expense or liability (including reasonable attorney’s fees and costs incurred by us) resulting from your use or misuse of our services, unless caused by gross negligence or willful misconduct of GCI. Use of your Device while operating a motor vehicle may be prohibited or restricted by law in some areas. It is your responsibility to conform to all such laws or regulations and you shall indemnify us from claims arising from any such unlawful use. This paragraph shall survive termination of this Agreement.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND COMPANY EQUIPMENT, AS WELL AS THE PURCHASE OR USE OF ANY THIRD-PARTY SERVICE OR PRODUCT PROVIDED BY OR ACCESSED THROUGH THE SERVICE, IS AT YOUR SOLE RISK, AND YOU ACKNOWLEDGE THAT THIS SERVICE AND THE COMPANY EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER GCI NOR ANY THIRD-PARTY PROVIDER OF SERVICES OR PRODUCTS MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, AND GCI WILL NOT BE PARTY TO NOR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN SUBSCRIBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. We make no express warranty regarding the Service or the Device and disclaim any implied warranty, including warranty of merchantability or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. We are not the manufacturer of the Device and any statement regarding it should not be interpreted as a warranty. This paragraph shall survive termination of this Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations contained in this paragraph and paragraph 4 may not apply to you.
- ARBITRATION AND CLASS ACTION WAIVER. YOU AND GCI AGREE TO SETTLE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION OR, IF APPLICABLE, IN SMALL CLAIMS COURT PURSUANT TO SMALL CLAIMS RULES. YOU AGREE TO NOTIFY US (AND WE AGREE TO NOTIFY YOU) IN WRITING OF THE NATURE OF THE DISPUTE AT LEAST 45 DAYS BEFORE INITIATING BINDING ARBITRATION OR SMALL CLAIMS COURT ACTION, DURING WHICH TIME YOU AND GCI WILL ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE BETWEEN YOU AND GCI THAT CANNOT BE RESOLVED AFTER 45 DAYS WILL BE FINALLY RESOLVED BY A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”). YOU UNDERSTAND THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT YOU WILL HAVE NO RIGHT TO EITHER. YOU ALSO UNDERSTAND THAT THE ABILITY OF PARTIES TO CONDUCT DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IT IS IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY ARBITRATION OR ACTION IN SMALL CLAIMS COURT MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A DISPUTE IS PERMITTED TO BE BROUGHT IN COURT, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT ACTION.
YOU AND GCI ACKNOWLEDGE AND AGREE THAT THE FAA GOVERNS THIS AGREEMENT TO ARBITRATE, THAT THE EXISTENCE AND VALIDITY OF THIS AGREEMENT WILL BE DETERMINED IN ACCORDANCE WITH THE FAA, THAT ANY ARBITRATION BETWEEN YOU AND GCI WILL BE CONDUCTED IN ACCORDANCE WITH THE FAA, AND THAT ANY STATE ARBITRATION STATUTE OR PROCEDURE DOES NOT APPLY. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. GCI WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. GCI WILL NOT SEEK ATTORNEYS' FEES AND COSTS IN ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE BOROUGH WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION.
- INFORMATION ON YOUR DEVICE. Your Device may contain sensitive and personal information (such as pictures, videos, social security numbers, credit card information, or healthcare information) that you may wish to protect and not disclose to others. GCI is not responsible for the information or data stored on or transmitted via your Device and is not responsible for keeping it secure. You are solely responsible for securing and protecting the information that is stored on your Device. You also are solely responsible for removing any such information from your Device before you return, exchange, recycle or otherwise give up control of your Device.
- THIRD PARTY CONTENT AND APPLICATIONS. GCI is not responsible for any third-party information, content, applications or services you or others access, download or use on your Device, including any personal information these products and services collect or disclose about you. You are responsible for maintaining virus and other security protections when accessing these third-party products or services. It also is your responsibility to maintain control of your device to prevent inappropriate use by children and others. Some third-party web sites, content, products, or services may require your agreement to a license or other contractual terms for which you bear full responsibility and that may be outside the scope of this Agreement. Please be aware that some web sites that you visit and applications or content that you download may contact our network without your knowledge and that you are responsible for any resulting data usage or roaming charges.
- ASSIGNMENT. We may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without notice to you. Upon any such assignment, we are then released from all liability. You may not assign this Agreement or the Service furnished under this Agreement without our prior written consent.
- NOTICES. GCI may send any required or desired notice under this Agreement by mail to the service address specified in your account, by e-mail, by short messaging service, by telephone, or by hand-delivery. Our notice to you may alternatively be provided on your billing statement, in your online billing account (if applicable), or posted on our website at http://www.gci.com. YOU AGREE THAT ANY ONE OF THE FOREGOING WILL CONSTITUTE SUFFICIENT NOTICE. YOU AGREE TO REGULARLY CHECK YOUR MAIL, E-MAIL, ONLINE BILLING ACCOUNT (IF APPLICABLE), AND ALL POSTINGS ON OUR WEBSITE AND YOU BEAR THE RISK OF FAILING TO DO SO. If you give notice to us, it will be effective when received by us at the following address:
Attn: Customer Service
2550 Denali St., Suite 1000
Anchorage, AK 99503
- ENTIRE AGREEMENT. These Terms and Conditions and the provisions of your Service Agreement and the 14 – Day Trial Period Policy for New Wireless Service, if applicable, together with any other documents directly or indirectly made a part of these Terms and Conditions, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional promises that may have been made to you by any of our representatives, agents or dealers. If any part of this Agreement is found to be invalid, the balance of the Agreement remains enforceable. GCI does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement.
- GOVERNING LAWS. This Agreement is subject to applicable federal laws, and the laws of the State of Alaska without regard to its conflict of law rules. If there is any inconsistency between this Agreement and those laws and regulations, this Agreement will be deemed amended as necessary to conform to such laws and regulations.
- OTHER SERVICES. You may have received special promotions or discounts on other services offered by us in connection with the purchase of certain wireless services. These promotions or discounts may terminate upon termination of this Agreement or earlier.
- AGE & CAPACITY. You certify that you are legally competent to enter into this Agreement, that you are over 18 years old, and that you are not aware of any disability that would prevent you from entering into this Agreement. You may, at your discretion, permit minors to use the Service under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using the Service, and you acknowledge that the Service provides access to content that is unsuitable for minors. If you are entering this Agreement on behalf of an organization, you represent that you are authorized to bind that organization, and where the context requires, “you” includes the organization. If you activate Service on behalf of an organization 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.
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