1. SERVICE DESCRIPTION:
WCS’s Public IP: Wireless utilizes 4G broadband technology to provide both primary and back up service with an immediate alternate routing should your primary circuit be temporarily disrupted. Whether you are backing up Internet access or assuring secure failover for an MPLS connection, Wireless Data Backup provides resilient network connectivity without the need for on-site construction or equipment costs.
2. CHARGES, FEES AND CREDITS.
A. Wireless Data Usage. Data usage is calculated from the time Customer's device makes contact with the carrier networks or until the respective network connection is broken or dropped, whether or not the transmission of data is successful. Data usage may occur on any device capable of data transmission, including devices attached to or embedded in computers and includes, but is not limited to, data streaming, sending and receiving email, browsing the Internet, and accessing applications. Wireless device will also consume data daily performing “keep alive” signals to the carrier network or receiving updates as released by the network provider. Failover Plan data usage is rounded up to the next whole Megabyte and Primary Plan Data usage is rounded to the next whole Gigabyte.
B. Upgrade Charges. If Customer changes an Active Unit device to another device using WCS Public IP: Wireless, WCS may charge Customer an upgrade charge per Active Unit changed.
C. Data Overage. If customer exceeds purchased plan allowance customer will be charged as follows: Backup plan overage will be rounded up to the next whole Megabyte and rated at $.018/MB; Primary plans will be rounded to the next whole Gigabyte and rated at $19.95/GB.
D. Reactivation Fee. If WCS terminates Service to an Active Unit as permitted under the Agreement or requested by Customer, WCS may require payment of any outstanding account balance before WCS reactivates Service to the affected Active Unit and WCS may charge Customer a reactivation charge.
3. BILLING AND AFFILIATES.
A. Invoicing. Unused WCS Wireless Plan data usage does not carry forward. In certain instances, WCS may invoice Customer for usage that occurred during a prior invoicing cycle, if not previously invoiced to Customer.
B. Account Changes. Customer-requested changes to WCS Public IP: Wireless options may not be effective until the following bill cycle. For Customer-initiated WCS Public IP: Wireless cancellations, WCS will bill Customer for the entire month in which the WCS Public IP: Wireless was cancelled. When Customer changes WCS Public IP: Wireless Plans during a bill cycle, data usage will be charged under the Plan in effect at the time the usage was incurred.
4. PROVISIONING AND RETURNS.
A. Shipping. WCS will ship WCS Public IP: Wireless to the delivery location specified in Customer's Service Order. Device will be insured, and shipping will be FEDEX “Ground”. Risk of loss to the wireless devices passes to Customer upon the Devices' arrival at the delivery location.
B. CPE Rental Return. At the end of contract term, customer must return wireless hardware device to WCS. If CPE is not returned within thirty (30) calendar days, a CPE Non-Return fee of $1000.00 will be billed to Customer on final invoice of service Returns. New and undamaged wireless devices may be returned to WCS at Customer's expense within thirty (30) days after the date the Device is activated or, if the Device has not been activated, within thirty (30) days after the date the Device is purchased. Customer is allowed one discretionary exchange or return for each new Device purchased; provided that Customer may not use the one discretionary exchange to change the color of a Device if the Device has been activated. Within thirty (30) days of activation, Customer must: (A) contact its WCS Account Representative or call WCS Support at 888-280-4927 for return instructions; (B) return the complete, undamaged Device, including all accessories, hardware, materials and package inserts that came with the wireless device in the original Device packaging, with the original proof of purchase to the location provided by Customer's Account Representative; and (C) if Customer wishes to discontinue Service for the Device, request that WCS deactivate Service. WCS may change the return policy from time to time without notice. Upon WCS's receipt of the returned wireless Device, WCS will credit Customer's account for a full refund of the original Device purchase price and activation fee (excluding actual usage charges, and related taxes, fees and surcharges).
5. WIRELESS DEVICES AND SERVICES POLICIES.
A. Lost or Stolen Wireless Device Policy. If Customer’s wireless Device is lost or stolen, Customer must notify WCS Customer Care promptly to deactivate the Device. Customer is responsible for all Wireless Service charges associated with the Device before Customer notifies WCS of the loss or theft. WCS may require that Customer provide evidence of the loss or theft (e.g., a police report or affidavit). If the wireless Device is later found, WCS may require Customer to exchange the wireless Device for another wireless Device before reactivating Wireless Service and, in such cases, WCS will provide a replacement wireless Device of similar quality.
B. Fraud Policy. Customer will notify WCS’s Customer Care department immediately of any suspected fraudulent use of wireless Devices. Customer will cooperate with WCS in the investigation of the incident. WCS will attempt to contact Customer before interrupting Wireless Services in the case of suspected fraud. Customer responsible for all fraudulent activity up until point WCS is notified.
6. WIRELESS SERVICE LIMITATIONS.
A. Use of WCS Public IP: Wireless. For devices that allow multiple users to share one connection and subscription, the wireless performance may degrade as more users are added to the single device. Use of WCS Public IP: Wireless is subject to any storage, memory or other Device limitation. Network speeds (including, but not limited to, data delivery and latency rates) are estimates based on averages. Actual performance may vary, and no minimum speed is guaranteed. WCS Public IP: Wireless may not be available when roaming and are not currently available in certain portions of select market areas within the wireless Networks. WCS reserves the right to limit, suspend or constrain any heavy, continuous data usage that is adversely impacting performance of the data Networks. Unless otherwise stated, WCS reserves the right to limit throughput speeds or the amount of data transferred, and denies, terminate, disconnect or suspend wireless data Service, for Customer’s WCS Public IP: Wireless devices with data usage exceeding 5 GB/month in total. WCS reserves the right to deny, terminate, disconnect, modify or suspend wireless data Service if a WCS Public IP: Wireless device engages in the following prohibited uses: server devices or host computer applications, including, but not limited to, disproportionate Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines. Other Business Plan options for these types of Applications are available by contacting Customer’s WCS Account Representative.
7. LIMITATION OF LIABILITY FOR WIRELESS SERVICE PROBLEMS AND DEVICE FAILURES.
A. Conditions Affecting Wireless Service. WCS is not liable for (a) coverage and Wireless Service quality problems caused by atmospheric, geographic or topographic conditions or other conditions beyond WCS control including the failure of other service providers; (b) interruption and unavailability of Wireless Services due to coverage, capacity, Device failure or other limitations that may occur in the transmission or attempted transmission of Wireless Services; or (c) outages or Wireless Service disruptions occurring as a result of a public safety emergency.
B. Wireless Service Outages and Device Failures. Notwithstanding anything to the contrary in the Agreement, WCS’s maximum liability for any loss or damage arising out of a Wireless Service outage or wireless Device failure is limited to: (a) a prorated portion of the applicable MRC based on the time period Wireless Services are not available, and (b) a refund of the net purchase price of affected wireless Devices.
WCS may modify terms and features of a WCS Public IP: Wireless under this Schedule with thirty (30) days advance written notice to Customer.
All penalties and/or fees are payable on the invoice following the cancellation notice to WCS. Additional terms and conditions can be found on our service guide: http://www.wcs.com/serviceguide