PRTC Keeping You Connected

WITH THE PURCHASE OF PRTC SERVICES, I ALSO ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE AGREEMENTS WITH ITS TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, THEIR CHANGES TO TERMS AND RATES, LIMITATION OF LIABILITY AND ARBITRATION PROVISIONS).

Terms & Conditions

This Agreement is entered into by the undersigned Customer and Piedmont Rural Telephone Cooperative (PRTC).

AGREEMENT.

This Agreement sets forth the entire agreement of the parties and may be amended only by writing and signed by the party against whom the enforcement is sought. This agreement shall be binding upon the parties hereto and their respective successors and assigns, if any action is commenced in a court of competent jurisdiction based upon or arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees as determined by the court.

Term.

PRTC agrees to provide the Services and the Equipment and Customer agrees to pay for the same for an initial term of 24 months from the date of this Agreement (the “Term”).

Service (ILEC) - outside Laurens city limits

I, the Undersigned Customer makes application for Phone Service and Equipment that may be ordered later, and agree to pay established rates for all such Services and Equipment. In making this application, I agree to the rules and regulations of the Telephone Cooperative as set forth in the exchange tariff and to any general changes in the rules, regulations, tariffs or rates of the Service furnished under this Contract. As an ILEC CUSTOMER I understand that I am a paying member of the Cooperative and membership fees may apply of which may be non-refundable. If I disconnect service and reapply at a later date, all membership fees must be paid again.

Service (CLEC) - inside Laurens city limits

I, the Undersigned makes application for Phone Service and Equipment that may be ordered later, and agree to pay established rates for all such Services and Equipment. In making this application, I agree to the rules and regulations of the Telephone Cooperative as set forth in the exchange tariff and to any general changes in the rules, regulations, tariffs or rates of the Service furnished under this Contract. As an CLEC CUSTOMER I am not required to pay any membership fees for the coop, however I will not have membership voting privileges as stated in the Company Bylaws.

DSL Terms & Conditions - 2 Year Service Commitment

2 YEAR SERVICE CONTRACT AGREEMENT. As a Digital Subscriber Line (DSL) customer, I agree to a 24-month DSL service agreement with PRTC. In return I will receive my DSL modem free of charge. After 24 months of DSL service and 24 subsequent DSL service payments, I will own the DSL modem. If I discontinue my DSL service before the 24-month period, I understand I will owe the early termination fee of $240 which will be prorated $10/month for the remaining months of the contract, and will come due immediately and added to my PRTC monthly service bill. I also understand that I am responsible for any damage that occurs to the modem due to user negligence, misuse or as a result of an act of nature. PRTC will only replace or repair the modem if it is determined that there is fault in the modem's construction or connection within the first 12 months of use. If other conditions occur, replacement or repair will become my responsibility.

DSL Terms & Conditions - No Commitment

MODEM PURCHASE AGREEMENT. As a Digital Subscriber Line (DSL) customer, I agree to avoid a 2 year service commitment with PRTC by purchasing a DSL modem and I will pay for installation cost up front for a total of $199.99. By purchasing the Modem and paying for Installation up front, I may discontinue my DSL service at anytime without penalty. I also understand that I am responsible for any damage that occurs to the modem due to user negligence, misuse or as a result of an act of nature. PRTC will only replace or repair the modem if it is determined that there is fault in the modem's construction or connection within the first 12 months of use. If other conditions occur, replacement or repair will become my responsibility.

Wireless

REGULATORY COST RECOVERY FEE AT&T ALSO IMPOSES THE FOLLOWING CHARGES: A REGULATORY COST RECOVERY FEE OF UP TO $1.25 TO HELP DEFRAY ITS COSTS INCURRED IN COMPLYING WITH OBLIGATIONS AND CHARGES IMPOSED BY STATE AND FEDERAL TELECOM REGULATIONS. A GROSS RECEIPTS SURCHARGE, AND STATE AND FEDERAL UNIVERSAL SERVICE CHARGES. THE REGULATORY COST RECOVERY FEE IS NOT A TAX OR A GOVERNMENT-REQUIRED CHARGE. GUARANTEE IF I AM SIGNING ON BEHALF OF AN ENTITY, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON ITS BEHALF, AND I AGREE TO BE JOINTLY RESPONSIBLE WITH THE ENTITY FOR PAYMENT OF ANY SUMS THAT BECOME DUE UNDER, AND TO BE BOUND BY THIS AGREEMENT. I AGREE YOU CAN COLLECT DIRECTLY FROM ME WITHOUT FIRST PROCEEDING AGAINST THE ENTITY. SERVICE/COVERAGE LIMITATIONS SERVICE IS NOT AVAILABLE AT ALL TIMES IN ALL PLACES. COVERAGE MAPS ARE AVAILABLE AT www.attwireless.com AND ARE SUBJECT TO THE ADDITIONAL LIMITATIONS DESCRIBED THERE. THERE ARE GAPS IN COVERAGE WITHIN THE SERVICE AREAS SHOWN ON COVERAGE MAPS, WHICH, BY THEIR NATURE, ARE ONLY APPROXIMATIONS OF ACTUAL COVERAGE. I ACCEPT PRTC'S SERVICE WITH THESE LIMITATIONS. EARLY TERMINATION FEE IF I TERMINATE THIS AGREEMENT BEFORE EXPIRATION OF MY SERVICE COMMITMENT, I WILL PAY PRTC AN EARLY TERMINATION FEE OF $175 FOR EACH WIRELESS TELEPHONE NUMBER ASSOCIATED WITH THE SERVICE. FOR SERVICE ACTIVATED ASTER MAY 25, 2008 THE EARLY TERMINATION FEE WILL BE REDUCED BY $5.00 FOR EACH FULL MONTH TOWARD YOUR MINIMUM TERM THAT YOU COMPLETE. 30-DAY CANCELLATION POLICY I MAY TERMINATE THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER ACTIVATING SERVICE WITHOUT PAYING ANY EARLY TERMINATION FEE. I WILL PAY FOR SERVICE FEES AND CHARGES INCURRED THROUGH THE TERMINATION DATE, BUT AT&T WILL REFUND MY ACTIVATION FEE, IF ANY, IF I TERMINATE WITH THREE (3) DAYS OF ACTIVATING THE SERVICE. ALSO, I MAY HAVE TO RETURN ANY HANDSETS AND ACCESSORIES PURCHASED WITH THIS AGREEMENT. IF I TERMINATE AFTER THE 30TH DAY BUT BEFORE EXPIRATION OF THE AGREEMENT'S SERVICE COMMITMENT, I WILL PAY AT&T AN EARLY TERMINATION FEE FOR EACH WIRELESS TELEPHONE NUMBER ASSOCIATED WITH THE SERVICE. EQUIPMENT EXCHANGE POLICY PRTC OFFERS A THIRTY (30) DAY BUYERS' REMORSE PERIOD ON EQUIPMENT. CUSTOMER CAN RETURN AND EXCHANGE PHONE ONCE WITHIN THIRTY (30) DAYS OF ACTIVATION. CUSTOMER WILL BE SUBJECT TO A $35 RESTOCKING FEE* ON ANY PHONE(S) WITH ONE (1) MINUTE OR MORE OF USAGE. IF PHONE HAS NOT BEEN USED, THERE WILL NOT BE A RESTOCKING FEE REQUIRED. PHONE MUST BE RETURNED IN SAME CONDITION IT LEFT STORE ALONG WITH ALL ACCESSORIES, BOX, AND MANUAL THAT IT CAME WITH. CUSTOMER IS SUBJECT TO A HIGHER RESTOCKING FEE IF ALL REQUIRED ITEMS ARE NOT RETURNED. ALL IPHONE RETURNS MAY BE SUBJECT TO A 10% RE-STOCKING FEE EXCEPT WHERE PROHIBITED. EQUIPMENT WARRANTY ALL PHONE WARRANTIES ARE UNDER THE TERMS AND CONDITIONS OF ITS MANUFACTURER. WARRANTIES ONLY COVER MANUFACTURE DEFECTS. THEY DO NOT COVER PHYSICAL DAMAGE, WATER DAMAGE, OR LOSS/THEFT. SEE MANUFACTURE WARRANTY INSIDE PHONE MANUAL FOR MORE DETAILS. WIRELESS PHONE INSURANCE PRTC OFFERS WIRELESS PHONE INSURANCE TO COVER REPLACEMENTS OF PHONES THAT ARE NOT COVERED UNDER MANUFACTURE WARRANTIES. CUSTOMER WHO OPTS TO HAVE INSURANCE RECEIVES ONE (1) INSURANCE CLAIM PER 12 MONTHS. CLAIM INCIDENTS INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING: LOSS, THEFT, WATER DAMAGE, PHYSICAL DAMAGE, NORMAL WEAR AND TEAR. ALL CLAIMS REQUIRE AN INSURANCE DEDUCTABLE. INSURANCE DEDUCTABLE WILL VARY ACCORDING TO PHONE. SEE BROCHURE FOR MONTHLY AND DEDUCTABLE COST. * IPHONE IS INELIGIBLE FOR THE INSURANCE FEATURE, WHICH WILL BE REMOVED FROM IPHONE DEVICES ON YOUR ACCOUNT. IPHONE AND CERTAIN OTHER DEVICES AN ELIGIBLE DATA PLAN IS REQUIRED FOR CERTAIN DEVICES, INCLUDING IPHONES AND OTHER DESIGNATED SMARTPHONES AND PDAS. ELIGIBLE DATA PLANS COVER DATA USAGE IN THE U.S. AND DO NOT COVER INTERNATIONAL DATA USAGE AND CHARGES. IF IT IS DETERMINED THAT YOU ARE USING AN IPHONE OR OTHER DESIGNATED SMARTPHONE OR PDA WITHOUT AN ELIGIBLE DATA PLAN, PRTC RESERVES THE RIGHT TO ADD AN ELIGIBLE DATA PLAN TO YOUR ACCOUNT AND BILL YOU THE APPROPRIATE MONTHLY FEE.

I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT WITH ITS SEPARATE TERMS AND CONDITIONS BOOKLET, RATE PLAN BROCHURE AND FEATURES BROCHURE(S) (INCLUDING, BUT NOT LIMITED TO, THEIR CHANGES TO TERMS AND RATES, LIMITATION OF LIABILITY AND ARBITRATION PROVISIONS). I AGREE THAT USE OF THE IPHONE ACTS AS AN ACCEPTANCE OF THE APPLE AND THIRD PARTY TERMS AND CONDITIONS INCLUDED WITH THE IPHONE.

Bundle Services

1. Services & Equipment. PRTC shall provide Customer with a bundled services package to include Local Telephone, Long Distance, DSL, and Wireless services, or any combination thereof (collectively, the “Services”). PRTC shall provide Customer with all equipment reasonably necessary to properly utilize the Services. The provided equipment is comprised of leased equipment (“Leased Equipment”) and purchased equipment (“Purchased Equipment”). The Leased Equipment may consists of "modems" and shall at all times remain the property of PRTC. The Purchased Equipment may consists of modems, routers, and wireless phones, and shall become the property of the Customer upon expiration of the Term, as hereinafter defined. Hereinafter, the Leased and Purchased Equipment are collectively referred to as the “Equipment.” PRTC is not responsible for damage to the Equipment which is not the result of the negligence or willful acts PRTC. During the first 12 months of the Term, PRTC will repair or replace the Equipment for failure due to manufacturing defects or faulty connections so long as the Customer has not abused or tampered with such Equipment. After the initial 12 months of the Term, all Equipment repairs or replacement will be at Customer's expense or according to insurance terms in case of wireless phone. In no event will PRTC be responsible for lost or stolen Equipment or for damages to, or failure of, the Equipment for any reason(s) other than those stated herein.
2. Charges. In exchange for the Services and Equipment, Customer agrees to pay the monthly charges included on the Schedule of Charges attached hereto as Exhibit A and incorporated herein by reference, including any and all local, state, federal, or foreign taxes or fees required by law to be collected by PRTC. In addition to the applicable monthly charges, Customer agrees to pay a disconnect charge of up to $240.00 if Services are terminated prior to expiration of the Term (the “Early Termination Charge”). The Early Termination Charge will be reduced by $10.00 per month for each month of the Term. Customer complies with the terms of this Agreement, including, but not limited to, timely payment of the applicable monthly charges in full for each month prior to the month of early termination. If the Leased Equipment is not returned in good working order to PRTC within ten (10) days of early termination, Customer agrees to pay PRTC the replacement value of the Leased Equipment with no reduction for prior months of the Term or otherwise.
3. No Warranties. PRTC IS NOT THE MANUFACTURER OF THE EQUIPMENT AND CUSTOMER AGREES THAT PRTC HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY OF THE EQUIPMENT. WITH RESPECT TO PRTC, CUSTOMER PURCHASES AND/OR LEASES THE EQUIPMENT "AS IS" HOWEVER, PRTC WILL PROVIDE CUSTOMER WITH ANY MANUFACTURERS' CONSUMER WARRANTIES RECEIVED BY PRTC WITH RESPECT TO THE PURCHASED EQUIPMENT.
4. Limitation of Liability. PRTC SHALL NOT BE LIABLE TO CUSTOMER, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE, INJURY TO PERSONS OR PROPERTY CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, OR BY THE CUSTOMER'S, CUSTOMER'S EMPLOYEES', CUSTOMER INVITEES', OR CUSTOMER'S AGENTS' USE OF THE EQUIPMENT, OR BY THE MANUFACTURER OF THE EQUIPMENT, OR BY ANY REPAIR, SERVICE OR ADJUSTMENT TO THE EQUIPMENT OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE EQUIPMENT, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATSOEVER UNLESS DIRECTLY CAUSED BY PRTC'S WILLFUL MISCONDUCT. IN NO EVENT SHALL PRTC BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING OUT OF OR RELATED TO CUSTOMER'S USE, ATTEMPTED USE, OR INABILITY TO ACCESS ANY EMERGENCY SERVICES, INCLUDING, BUT NOT LIMITED TO, INABILITY TO ACCESS 911.
5. No Special, Consequential or Punitive Damages. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS BY THE CUSTOMER'S AGENT(S), EMPLOYEE(S), OR THIRD PARTIES THAT ARISE OUT OF OR RELATE TO ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM OR OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification by Customer. Customer shall defend, indemnify, and save harmless PRTC and its successors and assigns, employees, owners, and agents and their heirs, legal representatives and assigns from any and all claims or demands whatsoever, including claims for bodily injury (including death) or damage to property (including theft), caused by or alleged to have been based upon the acts or omissions of Customer, its employees and agents, or persons furnished access to the Services or the Equipment by the Customer, including the costs, expenses, and reasonable attorney's fees incurred on account thereof.
7. Assignment. PRTC may assign all or any portion of this Agreement with thirty (30) days written notice to Customer. Customer may not assign any portion of this Agreement.
8. Deposit. PRTC reserves the right to require Customer to make a deposit at any time during the Term for the continuation or restoration of the Services. Customer's deposit may be applied against any amounts due to PRTC from Customer. If Customer is not in default of any of the provisions of this Agreement and all amounts due to PRTC from Customer have been paid, the remaining balance of the deposit shall be refunded to the Customer at expiration of the Term.
9. Regulatory Response. Some or all of the Service may be governed by local, state, or federal rules and regulations, including, but not limited to those promulgated by the Federal Communications Commission. Such rules and regulations change from time to time, and PRTC reserves the right to amend this Agreement to the extent necessary to comply with any such changes.
10. Entire Agreement. This Agreement together with its Exhibit(s) constitute the entire Agreement between the parties with respect to the subject matter. This Agreement shall not be amended or modified without specific written agreement. No oral statement shall modify or otherwise affect the terms and conditions of this Agreement. Notwithstanding the above, new or modified plans, services, features, and equipment for which Customer is eligible may be added to this Agreement by amendment, written request or acknowledgement, or activation of service on such new plans, services, features, or equipment. Adding plans, services, features, and equipment in this manner will incorporate the terms and conditions of such plans, services, features, and equipment into this Agreement.
11. Governing Law. This Agreement shall be governed by the law of the State of South Carolina regardless of any conflicts of laws or rules that would require the application of the laws of another jurisdiction.
12. If applicable. Unlimited Long Distance is provided for voice calling only. No data connect calls are permitted outside the local service area. Unlimited long distance is good to anywhere in the United States including Alaska and Hawaii. If the customer's long distance usage exceeds 150% of our network average, PRTC reserves the right to switch the customer to a fixed rate plan after notification.
13. Taxes and Fees. Quoted bundled prices generally do not include taxes and fees. They are in addition to the advertised bundled rate. Taxes and fees are subject to change periodically.