DPAC Business Service Agreement

This order constitutes an offer by the Subscriber to DPAC, Inc. (hereinafter "DPAC") which will become binding upon Subscriber when accepted in writing by DPAC, and the banking, negotiation or other use of any payment shall not constitute an acceptance by DPAC. All sales are made only on the terms and conditions herein. DPAC shall not be bound by any other additional terms and conditions unless expressly agreed to in writing. In the absence of written acceptance by Subscriber (hereinafter "Subscriber"), payments for purchases hereunder shall constitute Subscriber's acceptance of these terms and conditions.

RECITALS:

1. DPAC is in the business of providing telecommunications products and services, including Cable TV, internet, landline,
   mobile and email to both the business and residential markets.
2. Customer desires to subscribe to DPAC’s Business Services as listed on the Business Service Contract.
3. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

MODIFICATIONS:

1. No modification by Subscriber shall be binding upon DPAC unless the modification is in writing and signed by a duly authorized DPAC representative.
2. If any provision of this agreement is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be deemed omitted to the extent so contrary, and any and all remaining provisions shall remain in full force and effect.
3. This Agreement and the rights and duties of the parties shall be governed and interpreted according to the laws of the jurisdiction in which the service is provided.
4. No assignment or transfer in whole or in part of this Agreement shall be binding upon DPAC without its express written consent.
5. This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective successors, administrators, legal representatives, heirs, and assigns, where permitted by this Agreement. SUBSCRIBER ACKNOWLEDGES READING AND UNDERSTANDING THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM, AND THAT THIS DOCUMENT WITH ITS ATTACHMENTS IS A COMPLETE AND AN EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.

Customer Proprietary Network Information (“CPNI”)

Subscribers acknowledge that DPAC will not provide personally identifiable information to a third party for the purpose of providing and provisioning Cellular or Digital Business Phone Service. We do not share these records with others, unless we receive a valid, lawfully issued request.

PRIVACY ACT OF 1974 DPAC collects and maintains personally identifiable information concerning subscribers. This information is used solely for normal business purposes and to render services offered by DPAC. Federal Law prohibits DPAC from releasing all personally identifiable information, unless ordered to do so by court order.

DEPOSITS:

1. DPAC may require Subscriber to make a suitable deposit to be held by DPAC as a guarantee of the payment of charges, the amount and form will be determined at the sole discretion of DPAC.
2. The fact that a deposit has been made does not relieve Subscriber of the obligation to comply with DPAC's provisions on payment of bills upon presentation and does not constitute a waiver or modification of DPAC's rights to discontinue service for nonpayment of any sums due DPAC.
3. When service is terminated, the amount of deposit, if any, will be applied to the Subscriber's final bill and any credit balance will be refunded.

LIMITATION OF LIABILITY: Subscriber expressly understands and agrees that DPAC's liability and obligations under this Agreement for service is strictly controlled and limited by the underlying carrier's tariff and laws, rules and regulations of the Federal Communications Commission and other governmental authorities which may from time to time have jurisdiction. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FROM BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN PART OR OTHERWISE, SUBSCRIBER'S EXCLUSIVE REMEDY IS LIMITED TO PAYMENTS BY DPAC OF DAMAGES. BUT NOT TO EXCEED 10% OF THE CHARGES PAID BY SUBSCRIBER OR $500.00, WHICHEVER IS LESS. IN NO EVENT SHALL DPAC BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OT SAVINGS OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF DPAC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. No action, regardless of form, arising out of the transactions hereunder may be brought by Subscriber more than one (1) year after the cause of action has accrued, unless specifically authorized by law.

DISCLAIMER OF WARRANTIES: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RESPECTING THIS AGREEMENT AND THE SERVICE PROVIDED. NO WARRANTY IS MADE AS TO COVERAGE AVAILABILITY OR GRADE OF SERVICE.

ATTORNEYS’ FEES: In the event that any action is led in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either party may be called on to pay, the successful party’s reasonable attorneys fees’ and costs.

CELLULAR EQUIPMENT & ACCESSORY POLICY:

1. CELLULAR EQUIPMENT: A LIMITED Warranty of 1-year from date of purchase is available for new cellular equipment of the same model or tablet* purchases. This warranty applies to manufacturer defects and excludes liquid and/or physical damage. Warranty does not apply to normal wear and tear of the mobile device or accessories packaged with the device.
2. PREPAID EQUIPMENT: All sales are final unless mobile devices is deemed defective. A LIMITED warranty of 1-year from date of purchase is available for new cellular equipment of the same model. This warranty applies to manufacturer defects and excludes liquid and/or physical damage. Warranty does not apply to normal wear and tear of the mobile device or accessories packaged with the device.
3. ACCESSORY PURCHASES: A one (5) day defective exchange only will apply. Does not apply to earpieces/earbuds. ALL SALES ARE FINAL. No return or exchanges.

WAIVER: The failure of DPAC to insist on any one or more instances, upon the performance of any of the terms, covenants, or conditions herein or to exercise any right shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Subscriber with respect to such future performance shall continue in full force and effect.

INDEMNIFICATION: Unless caused by the deliberate act or gross negligence of DPAC, Subscriber shall indemnify and hold DPAC, its officers, employees and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, for libel slander, or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, including without limitation, for any personal injury or death arising in any way directly or indirectly in connection with this agreement or the use or liability to use the access telephone number. This indemnity shall survive the termination of this agreement.

EXCUSABLE DELAY AND FAILURE TO PERFORM: DPAC shall not be liable for any delay or failure to perform due to any cause beyond its control. If Subscriber's service is interrupted and not corrected within 24 hours after DPAC receives notice, we will credit Customer upon each 24-hour period of interrupted service upon request, provided that the Subscriber's account is (paid) current. DPAC employees will be given reasonable access to Subscriber's premises to install, inspect, maintain, repair or disconnect service or equipment.

CHANGES or DISCONNECTING SERVICES:

1. The Subscriber agrees that DPAC, may make any and all changes to the prices, charges and other terms outlined in this agreement without notice to Subscriber, except as expressly required by applicable law. DPAC, at its sole discretion, may migrate the Subscriber's rate plan to another rate plan, provided that the new plan's features and benefits are of equal or greater value.
2. Subscriber may change or disconnect service upon 24-hour notification to DPAC. Account holder must notify DPAC in person or over the phone with authorization. DPAC does not accept fax or email requests from a third party to terminate service. Payment for balances due and return of any leased equipment is due immediately. Subscriber is responsible for payment until the account has been disconnected or transferred. A request to port your number is a request by you to terminate Service immediately. Your monthly recurring Services and the applicable charges for those monthly recurring Services shall be prorated to coincide with the termination date. Depending on the amount of Service that you have used during the month of termination, such a proration may result in you incurring overage charges.

TELEPHONE ACCESS NUMBERS: The subscriber has no property right in the telephone access number. DPAC reserves the right to assign, designate or change such number when, in its sole discretion, such assignment, designation or change is reasonable in the conduct of its business.

THEFT OF SERVICE: The ownership of all cable and equipment provided by DPAC shall be and shall remain the property of DPAC and shall not be modified without permission. Unauthorized attachments (i.e. splitters, connectors, etc.), or equipment or unauthorized use of cable, equipment or of signal constitute theft under federal and local law. Fines range from $500.00 to $5000.00.

SCOPE OF SERVICES: DPAC shall install requested services clearly indicated on the Business Service Contract at the Customer’s premises in the location stipulated by the Customer. This Agreement reflects the Customer intention to use service for Customer’s own purpose and is not for resale. Any resell arrangements will be handled on an individual case basis. DPAC reserves the right to refuse service. Undersigned acknowledges they have landlord’s permission for any drilling or construction necessary to establish service at Customer’s premises.

Wireless Fair Use Policy. Please visit www.docomopacic.com/wireless-fair-use-policy for more details.

Acceptable Use Policy. Please visit www.docomopacic.com/online/plans/acceptable-use-policy for more details

1. CABLE TELEVISION
   1. Cable Television Services (Analog & Digital). Television service is provided via coaxial cable. Basic TV service is required for Digital TV service, along with a Digital Set-Top Box. High Definition (HD) Digital TV service is available; however, subscription to Basic TV and Digital TV service, along with an HD Digital Set-Top box is required.
   2. CABLES AND EQUIPMENT. Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided to the Subscriber remain the property of DPAC and do not become permanent fixtures of the structure where they are installed. DPAC may remove or alter the Cable, Attachments or Equipment at their sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for fees as identified in Charges and Fees section below.
   3. PROGRAMMING. DPAC has the right to add, remove, modify or adjust channels within our programming offers with a thirty (30) day notice via mail, DPAC website, local advertisement and/or social media. Networks may at any time make changes to programming, over which DPAC has no control. DPAC will do its best to inform subscribers of changes as we receive this information.
   4. CLOSED CAPTIONING INFORMATION. For any questions or information concerning closed captioning please contact our VTP Department. Phone: 671-969-4106 Fax: 671-969-3292 Email: vtp@docomopacific.com
   5. TiVo & Vu-IT! TiVo® and the TiVo logos are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. Vu-IT! powered by TiVo® allows DPAC to provide TiVo® Service to its customers within service areas.
2. INTERNET
   1. INTERNET COAXIAL EQUIPMENT. Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided to Subscriber remain DPAC property and do not become permanent fixtures of the structure where they are installed. DPAC may remove or alter the Cable, attachments or equipment at their sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for fees as identified in Charges and Fees section below.
   2. QUALITY OF SERVICE. DPAC Internet provides services with "Up to" speeds. Due to traffic and quality of service, Subscriber may or may not experience advertised speeds. Our Subscribers are encouraged to visit us or call to identify any issues with the serviceable address.
3. FIBER SERVICES
   1. FIBER EQUIPMENT: DPAC may remove or alter the Cable, attachments or equipment at their sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), subscriber will be billed for fees as identified in Charges and Fees section below.
   2. QUALITY OF SERVICE. DPAC Internet provides services with "Up to" speeds. Due to traffic and quality of service, Subscriber may or may not experience advertised speeds. Our Subscribers are encouraged to visit us or call to identify any issues with the serviceable address.
4. BUSINESS PHONE SERVICES
   1. PHONE PLAN, TOLL USAGE & DIRECTORY ASSISTANCE. Digital Business Phone service allows local, long distance, & international long-distance calls. Additional charges apply for long distance & international long distance calls. Long Distance & Directory Assistance (411) Rates available at https://www.docomopacific.com/shop/home-phone
   2. PHONE EQUIPMENT. Unless specifically indicated otherwise, all Cable, Attachments and Equipment provided by DPAC remain the property of DPAC, Inc. and do not become permanent fixtures of the structure where they are installed. DPAC may remove or alter the Cable, attachments or equipment at its sole discretion. If Subscriber does not promptly return leased equipment upon disconnection of service, or equipment is lost, stolen or damaged (to include lightning/power surge), Subscriber will be billed for fees as identified in Charges and Fees section below.
   3. LIFELINE DISCLAIMER & POWER FAILURE. Digital Business Phone service is not a lifeline service. In the event of a power outage, both your business phone service and E911 service may be unavailable. Call forwarding may be setup in any event of this situation.
   4. CALL DETAILS. Local call detail records are available upon request. Long Distance call detail records available through self-care service at mydocomopacific.com. Fees and conditions may apply.
   5. FEES AND SURCHARGES. Subscriber will be billed for Universal Service (USF) and Enhanced 911 (E-911) fees as identified in Charges and Fees section below. These fees are required from all subscribers under federal law
5. MOBILE SERVICES. Subscriber Data Plan is intended for (i) web browsing; (ii) electronic mail ("e-mail"); (iii) any other applications which require normal capacity usage on your mobile device; and (iv) any other mobile data communications which require normal capacity usage using the functions of your mobile device. Data Plans are not intended as a substitute or backup for private lines, landlines, or full-time data connections. DPAC reserves the right to modify, disconnect and/or terminate a customer’s Data plan at any time and without notice. An SMS notification will be sent to the Subscriber's number(s) once the monthly data bucket has been reached. I agree and allow a DPAC Associate to unbox and test the Voice, SMS and Data services on the mobile device(s) to ensure that the services are provisioned properly. Furthermore, will inspect the device(s) to ensure no physical or manufacture defects are present. Should this process be declined, I agree that DPAC will not be liable for any liquid and/or physical damage. I also agree that DPAC will not be liable for a replacement device.
   1. MOBILE PLANS. Postpaid and Prepaid plans are considered one or a combination of the following services: Mobile Voice, SMS and/or Data service. Postpaid service is billed after the fact, according to the use of mobile services towards the end of each month or billing period. Due dates for payment must be met to avoid any service interruption or account termination. Prepaid service requires advanced purchase of service credits for use. Prepaid cards or top-up requests must be done prior to use.
   2. ADDED SERVICES:
      1. SMS (Short Messaging Service/Text Message). Incoming SMS/Text messages do not incur any fees. Outgoing SMS/Text message fees are dependent on destination. For the latest competitive SMS/Text messaging rates, please visit www.docomopacific.com
      2. Roaming and Long Distance. DPAC offers roaming to multiple destinations worldwide. To ensure roaming is accessible on your device, please contact 688-CARE (2273) or visit any retail location. For the latest competitive roaming and long-distance rates, please visit www.docomopacific.com.
      3. Video Calling. A WCDMA unit with video calling capabilities is required to utilize this service. Additional fees may apply.
   3. DATA SERVICES. DPAC provides Data Services, which allow access to the internet. Data allotment is dependent upon the type of Data plan subscribed to. If no Data plan is subscribed to, Pay-As-You-Go Data is automatically activated, unless specified by Subscriber. Additional data buckets may be purchased for an additional fee. Unused Data buckets do not roll-over to the next bill cycle. Applications may continue to run in the background which will use data service and deduct from your data plan bucket. Mobile Data Services are intended for (i) web browsing; (ii) electronic mail ("e-mail"); (iii) multimedia messaging services ("MMS"); (iv) any other applications which require normal capacity usage on your mobile device; and (v) any other mobile data communications which require normal capacity usage using the functions of your mobile device. Data Plans are not intended as substitute or backup for private lines, landlines, or full-time connections. DPAC reserves the right to modify, disconnect, and/or terminate a Data Plan at any time and without notice in the event the Data Plan is used in programming, over which DPAC has no control. DPAC will do its best to inform subscribers of changes as we receive this information. Data usage can be viewed with myDATA+ by visiting www.docomopacific.com/mydata or by texting "data" to 3282 from your DOCOMO PACIFIC mobile postpaid device.
      1. Upon reaching 80%, 90%, and 100% of your monthly data bucket, you will receive an SMS notification
      2. To maintain high-speed data, choose from multiple data top- up options by texting “data” to 3282 from your DOCOMO PACIFIC mobile device. Data top up will be added to current billing cycle bucket and will be billed to the next monthly invoice and will appear as a separate line item.
         1. Reply “1” for 1GB for $3
         2. Reply “2” for 3GB for $5
         3. Reply “3” for 5GB for $10
      3. Data speeds reduced for the remainder of the bill cycle, and reset when the next bill cycle begins
      4. Data Top-Ups are not available for ACCESS Passes.
   4. ACCESS PASSES. A DPAC Access Pass allows the use of certain designated apps that don’t count against your monthly data allowance (“data cap”). There are a variety of Passes to choose from, including:
      1. Lite Pass: Spotify, Apple Music, Pandora
      2. Starter Pass: Facebook, Facebook Messenger, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype, Kakao Talk.
      3. Prime Pass: Spotify, Apple Music, Pandora, Facebook, Facebook Messenger, Instagram, Snapchat, Twitter, WhatsApp, WeChat, Line, Skype, Kakao Talk, Gmail.
         • DATA USAGE: If your data usage is not covered by your chosen DPAC Access Pass, this data usage will be deducted from your monthly data allowance.
         • ADDITIONAL CONTENT: Please note that additional content (e.g., advertising) or third-party content (e.g. location sharing, GIFs, external videos, maps) featured in certain apps may not be included in your DPAC Access Pass and may count against your data allowance.
         • TETHERING/HOTSPOT: You can tether another device to your phone, tablet or MiFi device, and enjoy the endless data from the apps included in your passes. Once customer consumes assigned data bucket, this feature will be disabled. "DPAC does not block or otherwise restrict tethering, but Subscribers are advised that certain devices such as your video game console, TV, or smart device such as Chromecast, Roku, or Fire TV Stick, may not be compatible with DPAC Access Passes, resulting in the pass not working or data being deducted from your monthly allowance.
         • VIRTUAL PRIVATE NETWORK (VPN): If you are using a virtual private network (VPN), a proxy, or your device is configured to an external domain name system (DNS) other than DPAC’s, the DPAC Access Pass will not work and your usage will come out of your data allowance.
         • ROAMING: DPAC Access Passes can’t be used in our Data To Go destinations. DPAC Access Passes are not available for use in our Data To Go or Rest of World destinations. If you exceed the fair usage policy, any data usage that would normally be covered by your DPAC Access Pass will instead come out of your inclusive data allowance.
         • CHANGE WITHOUT NOTICE: Apps within DPAC Access Passes are subject to change from time to time and without notice. To find out more information about how DPAC Access Passes work and which apps are included in the plan, please visit www.docomopacific.com/now
   5. DEVICES. Certain devices may be locked to DPAC's network. These devices may be unlocked upon Subscribers request. Additional fees may apply.
   6. NOW TRADE-IN. Subscriber understands and agrees to the Terms & Conditions on the NOW TRADE-IN AGREEMENT. Trade-in qualifying device for credit. Credit applied to existing NOW Program Equipment installment Plan(s) (EIP) balance(s) or to customer bill in the order determined by Docomo Pacific and customer eligibility; may take several billing cycles to receive credit. Docomo Pacific Trade-ins are final; after you trade in your device, you cannot get it back. You can trade-in one device per active line every 12 months or when 50% of the device installments have been paid.
   7. AVAILABILITY OF CELLULAR SERVICE. Cellular subscriber service is provided by the underlying carrier solely and exclusively in accordance with the applicable tariff led with the local public utilities commission (copy available upon request) if required by law or regulation. Cellular subscriber service is available to cellular radio units equipped for this service when in range of cell site location in the relevant Cellular Geographic Service Area (CGSA), subject to limitations and interruptions as set forth in the carrier's tariff including, but not limited to, transmission limitations caused by atmospheric and other conditions.
   8. PAYMENT OF CHARGES. Subscriber is responsible for payment of all charges for cellular services furnished including, but not limited to:
      1. All calls originated or received by Subscriber's cellular radio units, as well as any other charges billed to Subscriber's access number;
      2. Usage and tolls will be billed at the end of each billing period. Access charges and optional features will be billed monthly in advance of service. Additionally, DPAC may, in order to safeguard its interests, bill Subscriber in advance each month an amount equal to one month's estimated charges for usage and tolls. Payments made in advance will be credited to Subscriber's account to the end of the billing period;
      3. Subscriber's bill payment is due no later than the due date specified on the bill. Late payment may result in temporary or permanent disconnection of service;
      4. In the event the cellular radio unit is lost or stolen, the subscriber shall immediately report such loss or theft to DPAC. Subscriber shall remain liable for all usage and toll charges origination from or received by the Subscriber's access number until such time as the loss or theft is reported to DPAC. Monthly charges continue until the service is terminated;
      5. When payment for services is made by check, draft or similar negotiable instrument, there will be a charge to Subscriber for each item returned to DPAC unpaid for any reason;
      6. The charges for a fractional part of the month will be proportionate part of the monthly recurring charge based on the actual number of days the service is provided;
      7. Late fee(s) will be assessed for late payments.
   9. RESPONSIBILITY OF THE SUBSCRIBER FOR THE CELLULAR RADIO EQUIPMENT. DPAC is not responsible under this Agreement for:
      1. Installation, operation, and quality of transmission or maintenance of Subscriber's cellular radio equipment;
      2. Subscriber must provide and maintain all cellular radio equipment and ensure that it is technically and operationally compatible with service and that it does not interfere with cellular service and complies with Federal Communication Commission (“FCC”), Territorial or other governmental authority, laws, rules and regulations.
6. BUSINESS EMAIL HOSTING. DPAC shall provide the requested business email hosting services clearly indicated by the Customer on the Business Service Contract. This Agreement reflects the Customer intention to use service for Customer’s own purpose and is not for resale. Any resell arrangements will be handled on an individual case basis. DPAC reserves the right to refuse service. DPAC offers the following business email hosting services:
   1. Hosted Exchange Mail: Business email solution that works seamlessly with Outlook and Outlook Web App on mobile devices; includes up to 30GB of Mailbox Storage per user, Secure & Private Email, 100% Network Uptime Guarantee, Spam & Virus Protection, full integration with Skype for Business Basic, and Responsive Support Services.
   2. Office 365 E1: Cloud-based email solution that includes up to 50GB of Mailbox Storage per user, Uptime Guarantee, Multi-factor authentication, Office client apps such as Word, OneNote, PowerPoint, & Excel, Work Management (Planner), Hub for Teamwork, and Responsive Support Services.
   3. Microsoft 365 E3: Service bundle that includes Office products (Word, Excel, PowerPoint, OneNote, & Access), as well as a Windows Enterprise Operating System, Office Mobile Apps and Office Online, Teams and Skype for Business, Data & Information Protection, Security Management, and Advanced Analytics (MyAnalytics).The Customer’s signature affirms Customer understand this limitation to DPAC’s Business Email Hosting Services.
7. PLUME SERVICE ELIGIBILITY
   1. DPAC’s Plume service consists of the initial supply of one SuperPod and a Plume Membership with DPAC (“Plume Service”).
   2. The Plume Service is only available to selected business customers who meet our pre-acceptance checks and criteria. To be eligible for the Plume Service you must:
      1. Have DPAC internet access and a device capable of downloading and using the Plume WiFi App;
      2. Download the Plume WiFi App from Google Play or the Apple App Store and follow the set-up instructions, including acceptance of Plume’s partner terms (which are available on the Plume WiFi App when you first set up your Plume prole);
      3. Use the Plume Pods we supply; and
   3. Plume Membership with DPAC
      1. Your Plume Membership with DPAC will start from the date we confirm you are eligible for the Plume Service and will continue month-to-month until cancelled.
      2. You acknowledge that without a Plume Membership, the Pods will have limited functionality. You will only be able to access basic network management and WiFi configuration. Membership features such as Adaptive WiFiTM, guest access with HomePass® and parental controls, will not be available. Please note that Plume membership is not transferable between internet service providers.
      3. A monthly fee will be charged for the Plume Membership and is generally invoiced a month in advance.
      4. We reserve the right to change the monthly Plume Membership fee from time to time on giving 30 days’ written notice to you, together with our reasons for that change.
      5. You can cancel your Plume Membership at any time. If you cancel your membership, you will continue to have access to the full Plume Service from DPAC until the end of your monthly billing period.
      6. To cancel your Plume Membership, please contact us by calling 671-688-2677.
      7. Plume Membership fees are non-refundable, and we do not provide refunds or credits for any partial-month membership periods (e.g. if you cancel your Plume Membership during a month for which a membership fee has already been invoiced).
   4. About Plume. DPAC has partnered with Plume Design, Inc. to offer you this Plume Service. You can find out more about Plume Design, Inc., its products, and its business at www.plume.com. DPAC has been appointed by Plume Design, Inc. as an authorized reseller of Pods and the Plume Adaptive WiFi Solution. By agreeing to receive the Plume Service and/or by purchasing and using Pods from us, you acknowledge and agree:
      1. To accept Plume Design, Inc.’s standard partner terms (which are available on the Plume WiFi App when you first set up your Plume prole);
      2. That Plume Design, Inc. is and will be the exclusive owner of all intellectual proprietary rights, title, and interest in the Pods, the Plume WiFi App, and Adaptive WiFi Solution;
      3. That Plume Design, Inc. may anonymize and/or de-identify any personal information you provide to Plume (e.g. via the Plume WiFi App) and that Plume Design, Inc. may use such anonymized and/or de-identified information for long term trend analysis to continually improve optimization algorithms and to provide services to its customers (including other resellers of Pods and the Plume Adaptive WiFi Solution).

INSTALLATION AND MAINTENANCE OF MATERIALS: DPAC shall install all equipment necessary to provide requested services at the Customer’s premises in the location stipulated by Customer. Appropriate charges for installation apply. This may include installation of cables, splitters, cable modems, eMTAs and/or other equipment necessary to establish service at the customer premise. It also includes free rental of cable modems, eMTAs, and/or routers for the duration of this Agreement. Charges apply for set top boxes, however. DPAC’s demarcation point is the eMTA and/or cable modem, not the router or switch provided by DPAC or installed by Customer. This Agreement DOES NOT include IT management for any part of Customer’s network, only establishing service to the eMTA and/or cable modem.

Any routers, cable modems, or eMTAs installed by DPAC do NOT belong to the customer but rather DPAC and must be returned if service is disconnected, unless otherwise explicitly agreed upon and documented by DPAC. In the event equipment belonging to DPAC is not returned, DPAC will not close account and monthly recurring charges will apply in addition to charges for equipment belonging to DPAC. Installation costs at signing are only an estimation. If it is determined that additional construction will be necessary to service the account, the Customer will be given arm quote for additional costs.

TERMS OF AGREEMENT: The initial term of this Agreement shall begin on the date the Business Service Contract is signed unless otherwise specified in the Contract Terms of the signed Business Service Contract. This Agreement shall automatically renew under the same terms and conditions, provided that neither DPAC nor the Customer has received written notice from the other party of said party’s intention not to renew this Agreement by no less than thirty (30) days prior to the expiration of the current term. DPAC reserves the right to increase price of service as a result of increased operating costs by notifying the Customer thirty (30) days in advance. At this time, the Customer may opt out of a contracted service or modify services to meet Customer’s budget.

DISCONNECTION OF SERVICE FOR CAUSE: If payment of any sum due to DPAC by Subscriber is not made on time or if Subscriber is any other way in default under this Agreement or upon violation of any of the laws, rules and regulations as provided by other governmental authority governing the furnishing of TV, Mobile, Internet, or Business Phone services, DPAC, at its sole discretion, without incurring any liability to Subscriber, has the right to immediately or temporarily disconnect or terminate the furnishing of services to Subscriber. Additionally, DPAC reserves the right to exercise any other remedy existing at law or in equity. Subscriber will be charged a fee for reactivation of services.

CHARGES AND FEES: The Customer shall pay DPAC the amount indicated on the Business Service Contract for the services provided during the term of this Agreement (to include installation and set up costs at time of installation unless otherwise stipulated in writing). Payment is due monthly. In the event the Customer should fail to pay any sum due under this Agreement on or before its due date, the Customer shall pay to DPAC a late charge equal to two percent (2%) of each such overdue sum. Failure of DPAC to demand payment of said late charge in any given instance shall not constitute a waiver of DPAC’s right to demand late charges as to subsequent incidents pursuant to this section.

Customer is hereby advised of pro-rated charges that will apply to the account. In the event that the customer suspends services, Value Added Service (VAS) charges may still apply. USF, E-911 and Local Number Portability (LNP) fee recovery surcharges will be added as a separate line item on your monthly bill.

1. Equipment and Accessories. Equipment and accessory purchases will be billed to the account identified. Accessories will be extended to a 20% business discount and are subject to exclusions. Premium accessories and Apple products are not subject to business discounts.
2. Past Due Fees:
   1. Subscriber's cable television, mobile, internet and/or business phone service payment is due for that month's service. Your due date is printed on the monthly invoice. Business accounts will be billed 2% of past due amounts.
   2. If Subscriber's payment is not received within 30 days, Subscriber will be subject to disconnection without notice.
   3. Non-receipt of billing statement and/or invoice does not prevent Subscriber's account from being due or payable.
   4. All disputes with invoiced amounts must be made known to DPAC within ninety (90) days of invoice date.
   5. No credit will be given for a period greater than 120 days.
   6. Monies collected in the field for delinquent or disconnected accounts will be assessed a $15.00 service fee
   7. If service is disconnected for non-payment, a reconnection fee will be charged and Subscriber must pay the balance in full, one month of service in advance and reconnection charges before service will be reinstated. Reconnection fee on Guam is $25.00; $38.20 for CNMI subscribers.
   8. Checks returned for any reason will be assessed a charge of $35.00.
   9. Process Server fee of $30.00 per subscriber, per account (applicable to all DPAC services)
   10. Court fees and other associated costs (applicable to all DPAC services)
   11. All past due accounts, inclusive of those affected by returned checks and credit card recurring declinations, are subject to immediate disconnection without further notice.
   12. Services will be temporarily disconnected if payment(s) are not received within 45 days from the invoice date. A $25.00 reconnection fee will be charged per account for services that have been affected for this reason.
   13. Accounts with outstanding balances over 60 days will be permanently deactivated and security deposit/penalty fee (if applicable) will be transacted accordingly. If a credit card has been imprinted or authorized as a security deposit, the outstanding balance will be charged to the credit card at that given time. If all efforts to collect the outstanding balances have been exhausted, the account will be processed with a Notice before Suit, Small Claims and/or forwarded to a collection agency accordingly. If the account is forwarded to a collection agency, a $15 processing fee will be assessed on the account, as well as other fees imposed by the collection agency.
   14. Accounts on DPAC's NOW Program with outstanding balances over 60 days will be permanently deactivated and the unpaid handset installations will be billed to the account. Services may be reinstated after full balance of the Handset on the NOW Program and outstanding balance is cleared. If a Credit Card or Debit Card has been imprinted or authorized for payments on the account, the outstanding balance will be charged to the credit card at that given time. If all efforts to collect the outstanding balances have been exhausted, the account will be processed with a Notice before Suit, Small Claims and/or forwarded to a collection agency accordingly. If the account is forwarded to a collection agency, a $15 processing fee will be assessed on the account, as well as other fees imposed by the collection agency.
3. Service Charges and Fees
   1. Cable Television
      1. Equipment. Digital Set-Top Box ($250.00), HD Set-Top Box ($250.00), DVR-Digital Video Recorder ($250.00), HD-DVR ($250.00), Media Gateway DVR ($300.00), eBox ($75.00), Cable Modems ($75.00), Remote Control ($25.00), Surge Protector ($25.00).
      2. Federal Communications Charge (FCC). A charge of $0.04 will be added on top of your Basic Cable service to cover the FCC
   2. Internet Equipment. Subscriber will be billed for equipment as follows: Cable Modem ($75.00), EMTA-Embedded Multimedia Terminal Adapter ($75.00).
   3. Business Phone Services
      1. Equipment. Subscriber will be billed for the equipment as follows: EMTA-Embedded Multimedia Terminal Adapter ($75.00).
      2. USF (Universal Service Fund). USF is a mandatory fee which is used to promote increased access to telecommunications services in the US. USF rates are set by the FCC and may change quarterly. USF appears on your monthly bill of service as a separate line item and is applicable to Local Voice, Local SMS and Toll Charges.
      3. E-911. E-911 fees are charges required by local law to nance Enhanced 911 services. A $1.00 fee for E-911 will be charged per unit, in addition to your monthly rate for VOICE, SMS and/or DATA Subscribers.
   4. Mobile Services
      1. I understand and agree that applications not inclusive to my Access Passes will take away from my monthly data bucket. I understand and agree that while roaming all data usage from Access Passes does not apply and any/all charges incurred will be billed to me within my next billing statement.
      2. Customer is hereby advised that when traveling outside Guam or the CNMI, they may incur substantial data roaming charges when using email, MMS, web browsing and other data services. Many devices, especially Smart Phones, automatically transmit and receive data, and can incur charges, even if no services are intentionally used. Voice & SMS roaming charges also apply. Roam Easy rates listed below. Other destination rates available at https://www.docomopacific.com/shop/mobile/postpaid/roamingRoaming may be disabled upon request.
      3. USF (Universal Service Fund). USF is a mandatory fee which is used to promote increased access to telecommunications services in the US. USF rates are set by the FCC and may change quarterly. USF appears on your monthly bill of service as a separate line item and is applicable to Local Voice, Local SMS and Toll Charges.
      4. E-911. E-911 fees are charges required by local law to finance Enhanced 911 services. A $1.00 fee for E-911 will be charged per unit, in addition to your monthly rate for VOICE, SMS and/or DATA Subscribers.
      5. Local Number Portability (LNP). In accordance to FCC rules and regulations, subscribers who switch service providers within the geographical area may keep their phone number. A fee is automatically assessed and charged $0.50 per mobile number and will appear on the Subscribers' monthly bill of service as a separate line item. If the Subscriber decides to keep their number and switch service providers, a fee will be assessed on top of any remaining balance once the porting process is completed. Subscriber will be billed for fees as identified in the Termination section below.

TERMINATION:

1. In the event the Customer fails to observe or perform any of the covenants, conditions, or provisions of this Agreement, including, without limitation, failure of the Customer to make any payment required under this Agreement, where such failure shall continue for fifteen (15) days after written notice from DPAC, DPAC shall have the right, in addition to any other remedies available to DPAC at law or equity, to terminate this Agreement and all rights of the Customer under this Agreement. DPAC reserves the right to refuse or terminate service. A penalty equal to the full remaining balance on the term of the contract will be charged to the Customer for early termination
2. Subscriber may at any time after 14 days, with or without cause, terminate this Agreement by notifying DPAC in writing THIRTY (30) days in advance. The following penalty fee(s) will apply accordingly.
3. Subscriber understands and agrees to pay to DPAC an early termination fee (Unit Penalty Fee) for cancelling before the contract expiration date. TV, Internet and Business Phone equipment's must be returned to avoid unreturned fees. Subscribers with military orders on a contract, Unit Penalty Fees still apply. Subscriber understands that video calling, long distance, roaming, and SMS charges are billed in addition to their cellular plan minutes. In addition to the terms and conditions stated in this document, all other terms and conditions will be guided by DPAC's Terms and Conditions of Cellular Telephone Service Contract, as well as the Terms and Conditions of TV, Internet, and Business Phone services. Unit Penalty fees applied are based on the total number of months left on the subscriber's contract term as follows, and are charged per applicable Service Agreement Contract:
   • Remaining 1-6 Months: $0 PER UNIT
   • Remaining 7-12 Months: $300.00 PER UNIT
   • Remaining 13-18 Months: $400.00 PER UNIT
   • Remaining 18-24 Months+: $600.00 PER UNIT
4. Subscriber understands and agrees to pay to DPAC the full retail cost of the handset purchased on NOW Access Plans before cancelling their services or term. Subscribers with military orders on contract are still liable to pay for the full cost of the handset. Subscriber understands that video calling, long distance, roaming, and SMS charges are billed in addition to their cellular plan minutes. In addition to the terms and conditions stated in this document, all other terms and conditions will be guided by DPAC's Terms and Conditions of Cellular Telephone Service Contract.
5. Subscriber agrees to the terms of this Service Agreement as stated above.
6. If at any time during the term of the Agreement the Customer terminates the Service, other than for a material breach by DPAC, Customer shall be liable for an Early Termination Fee equal to the sum of:
   1. All unpaid charges for the Service actually provided prior to such termination
   2. Unit penalty fee per device for each month remaining in the term of the Agreement
   3. 50 percent of the monthly recurring charges for each month remaining in the term of the Agreement
7. Early Termination Fee. The Early Termination Fee will be due and payable within thirty (30) days after the termination date of the Service at issue. Customer acknowledges that the calculation of the Early Termination Fee is a genuine estimate of DPAC’s actual damages and is not a penalty.
   1. Mobile Services Early Termination
      1. I understand and agree to pay to DPAC an early termination fee (Unit Penalty) for cancelling before the contract expiration date. Customers with military orders are still liable for the Unit Penalty Fee. Further, I understand that video calling, long distance AND roaming charges are billed in addition to my mobile plan minutes. In addition to the terms and conditions stated in this document, all other terms and conditions will be guided by DPAC's Terms and Conditions of Cellular Telephone Service Contract(s). Early termination fees applied are based on the remaining number of months left on contract term as stated in Section 3 of Termination.
      2. I understand and agree that applications not inclusive to my Access Passes will take away from my monthly data bucket. I understand and agree that while roaming all data usage from Access Passes does not apply and any/all charges incurred will be billed to to me within my next billing statement.
   2. Subscriber may terminate this Agreement with no penalty within FOURTEEN (14) days of the Activation Date. Other charges, including local and toll usage charges and handset penalties, TV, Online and Business Phone equipment, VOD purchases, PPV purchases and any other applicable charges still apply.
8. Port Out Fees and Information. A fee of $50.00 is assessed if the Subscriber decides to keep their number and switch service providers. This fee will be assessed on top of any remaining balance once the porting process is completed.

PAYMENTS UPON TERMINATION UNDER SCRA

Should Subscriber terminate this Agreement pursuant to the Servicemembers Civil Relief Act (SCRA), this provision shall survive this Agreement. Under this provision, “device” refers to any mobile device whose purchase was subsidized by DPAC and used with cellular service provided by DPAC and internet, Cable and/or Home Phone equipment under this Agreement. Upon termination under the SCRA, Subscriber must, within THIRTY (30) days:

1. Return the device to DPAC in saleable condition or pay the remaining balance owed under the applicable NOW device financing plan to DPAC
2. I acknowledge if the devices are in non-saleable condition with liquid and/or physical damage or are unreturned equipment penalty fees will apply.
3. Access penalty fees and Temporary Suspension fees will be waived and agreement term will not be extended.
4. I agree to pay DPAC any service fees, taxes, and other obligations and liabilities imposed by the contract that are due and unpaid or underperformed at the time of termination.