ORDER NO.30034 FIVE STAR WIRELESS CONTRACT FOR ENVIRONMENTAL HEALTH DEPARTMENT Came to be heard this the 27th day of November, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Approve a new contract with Five Star Wireless for the Environmental Health Department, and authorize County Judge to sign same. ,~ ~J COMMISSIONERS' COURT AGENDA REOUEST 30~ 3 y PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Miguel Arreola MEETING DATE: 1 U27/2006 OFFICE: Environmental Health TIME PREFERRED: Open SUBJECT: Consider, discuss and approve a new contract with Five Star Wireless for a better rate. Existing contract with same company is 800 minutes with a cost of $99.85; new proposed contract is for the same 800 minutes with a cost of $69.85, and authorize County Judge to sign the same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQtiEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. (its All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. FIVE STAR WIRELESS SERVICE A\G~REEMENT ^ Initial Service "JCl Renewal Service ^ Assumption of A"""c~`count Today's Date ~ ~.>~ ~~ O ~• Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number (s) Agent Name Credit Check ^ Activation ^ MDN Phone No.p8 ~ 0 - 7 9 ,~7 MIN Phone No. 8 ~ O - 7 J >/ ~/ y Account Number ~ - ~ 7 ~ / Phone Mfg/Model Equip MSN ^ New ^ Used ESN (11 digits) ESN (8 digits) Unlock Code____....____ _... Subscriber Name ~ ro / / C t/, ~ o / , ~ ~J4 5 Te Spouse/Co-subscriber Home Phone # ( ) Place of Primary Use 4 G rh e City Counry~ MailingBillin Address ' city ~f/~/ ~ ~~/e county c° //" State ~^X Zip /iY D Individual or Sole Proprietorship SSN DOB_/_/_ Spouse SSN DOB _ / - / - Drivers License State Place of Employment Date Employed e~ Work Phone # (_) 7 ~~ - / D~ QExt Tax Exempt ^ Fed ^ St ^ Co ^ Loc FSW USE ONLY Deposit Amount: $ ~~. Deposit # Recd Date Activation/Service Chage $ Monthly Included Monthly* Service Plan Minutes Charge Irl S ~~~ $ ADD-A- ~ PHONE ~' ~. ~j ~ *All plans subject to applicable taxes, surcharges and assessments, in in ,but not limited to, S[ace and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infras[rucmce Fund reimbursements. Customer, Please Read and Initial _ I understand that there is a service commitment the date of activation as set out above. _ I understand that all services aze taxable -All :able taxes, surchazges, and assessments will be ~ on my monthly statement (not applicable if tax I understand the monthly access fee and included :es will be prorated for the number of days I am in :e for the first month billing cycle. (Billing cycle runs the 20th of the month to the 19th of the following _ I understand the difference between home, roam- billing increments and rounding up of minutes. _ I have been provided a FSW customer information Service Commitment (Term f Contract) Length of commitment: ~ Months I understand the service commitment expires on EARLY TERMINATION CHARGE: $200.00 Customer Initial PleaeE~. 7 Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity Tax ID # Officer Title Officer Title Trade Reference Phone # Acct. # Tax Exempt t o 1 1 ' Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement _ Yes (Customer Initial) No Non-Camera Phone $4.95 Camera Phone Top Feature Phones $9.95 $14.95 By signature, customer agrees to all terms and conditions in the above application for FSW telephone service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted [his application in the capacity as indicated as my "Title" below. If I am representing a corporation, I acknowledge [hat [he execution of this document has been authorized by all necessary corporate action In the even[ of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable far amounts not paid when due. Customer ~gnatur~ Title Kerr County Judge Date 11-27-2~0J06 Printed Name Pat Ti „~~ .% FSW Representative Revised nabs TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Tnxax RSA 1582 Limited Parineiship tl/b/a Five Star Wireless (FSW), provides Commercial Mobile Ratlio Service (the "Service') an the terms and conditions specified herein and at rates antl charges estab lashed Gem time to time. Every use of the term "you;"'your' or "customer' in this tlocument includes you, intlivitlually, as well as any company or other entity on whose behalf you are acting in submining this appllcatlon for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commercial Mobile Ratlio Service is generally available to wireless mobile ratlio units (wireless telephones) equipped for this service and when within the operat- ing range of call sites located in the F$W Home SarNCe Area antl may be available outside of that area in other participating carrier service areas. The "Home Service Area" is the area within which FSW is ticensad to provide commercial mobile ratlio serWCe, antl env other areas where by contract FSW subscdDers may make calls at the FSW home rate. The Home Service Aree may change from time to time without notice to you. Service Is iurnishatl for use by You or others either expressly or implietlly aWhorizetl by You. Orders, inclutling those which involve the mdiaaon, change or discontinuance of service, will De accepted by FSW only hour you or your Authorzed Agent. Any person able to provitle your name address, social security number tlnver's license number and wireless number will be presumed to be your Authorized Agent, antl is auNOnzetl by you to reserve information about antl make changes fr, your account, moludmy adding new Service or number. You have no property right in the telephone number assigned to your waeless unit FSW reserves the right to assign, designate, or change such number, when, m its sole opinioq such assignment, tlesigna- hnn or chanye is reasonably necessary in the conduct of its business. A telephone number may not appear in more than one mobile ratlio unit, antl you may not alter or program any mobile ratlio amt capable of using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, inclutling altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed tele- phone number or Mobile Identification Number FSW reserves the right to suspend service to all units sharing any of the describetl numbers without the express prior written consent of FSW. 2. SERVICE COMMITMENT -YOU have con(ractetl whh FSW to provitle the Service to you for the term specified on the front of this tlocument under the heading of "Service CommlcmenC The term of your Seance Commitment beyins pn the first qey your service is activated. AI the antl of your Service Commiirnant [h¢ term of this Agreement shall be tleerned automatically renewed on e month-m-month basis on the same terms antl conditions contained herein, antl shall continue until ianninatetl by either party. Ii you have contracted for a service commitment other than amonth-[o-month term, you have received certain benefits from FSW in exchange for such service commitment which may Include, but are not lim- ned to, subsidization of the purchase price of your wireless unit. Vou untlerstantl antl agree that FSW's damages arising out of your breach of your service commitment will be tlifticult, if not impossible, to deter- mine. THEREFORE, IF, FOR ANV REASON, VOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, VOU HEREBY AGREE TO PAV THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIOUIDATEG DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION. INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BV FSW TO VOU AT NO CHARGE OR REWCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITHOUT THE CONSENTOF FSW Except For the special services offered in exchange for Your service commitment, FSW reserves the right to increase any antl alt rates upon thirty (30) days notce to you. ' For purposes of this agreement, denial or disconnection of your service Gy FSW for your failure to pay FSW br the Service provitlatl to your unit antl Uilletl to yon, shall be deemed a termination of service by ypu. 3. DEPOSITS/CREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to ba M1eltl by FSW to secure payment to FSW for the Service provitlatl to you antl you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the pedormance of all other obligations you may have to FSW no matter how arising, wheher now existing or heraaner arising. Interest in the amount of the greater of 2°.a per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termination of service, FSW may apply your deposit (antl any interest accrued Ihereonl &rst against your hill or any other amount you owe FSW, before delivering the balance to ypa Annually. You may request that FSW reevaluate your deposit, which may result in s partial or total refund of the deposit to you or a credit to your account. If, ai any time during [his Agreement, in the sole opinion of FSW, your credit antl/or financial information proves unsatisfaMOry or if any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges, legal disputes, or suspected frauQ FSW may, in its sole discretion, demand from you a deposit or increased deposit as a condition for continuation ei the Service to you. '/ou certify antl warrant that the inormation provided by you on the front of this contract is complete and correct. 4. PATES, CHARGES AND PAYMENT -You will receive monthly bills which are due antl are to be paid in full on the date shown on the bill. Vou hereby agree to pay FSW all charges for q wireless airtime usage, inclutling wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, it any, iii) optional features: iv) any toll charges resulting from the origination of mobile calls to points outaitla the FSW Toll Free calling area; v) eolleot calls; vl other charges or cells billed to your wireless unit inclutling all roamer charges, such es daily charges bllletl by other wireless providers for your umfs use of such provitlers'sysiams antl their airtime charyes, which may be greater than local rates, antl call forwarding charges; vii) any saxes, surcharges, fees, assessments. or recov- eries imposed on you or FSW as a result of use of the Service on your account Vou accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls onginatetl Dy or terminated to your wireless telephone unit begins when a ecnnection is established between the unit and the carriers facilities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a min- imum charge fur each connected call. Airtime is billed m increments. Whole minute increments may be used. AMUaI airtime usage is rounded up to ilia next increment far billing purposes. If you select a Calling Plan with inclutletl airtime, unused included airtime hour one billing cycle will not carry over to the following billing cycle. H your wireless unit is used as a payer, you will be charged for such services as describe) in your Sheri Message Service Plan. FSW reserves the right to increase any antl all rates upon thirty 1301 days notice to you. Vou may elect to change your rate plan to another generally available rate plan of fSW at any time during [he term of this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement icr services provitlatl to your wireless account, inclutling early termination charges antl monthly service charges Nrough the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall sur- vive termination of this Agreement. VOU HAVE THIRTY (30) DAYS FROM ANV BILLING GATE TO DISPUTE CHARGES. AFTER THIRTY (301 DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TA%ES/FEES/SURCHARGES -Except for the amounts, ii any, of state antl local taxes antl assessments stated on the front page of this tlocument, the panes and rates set out herein, or established from time to time. tlo not indutle any amount for Federal, State and/or Local exase, sales, use, property, retailers occupation or similar taxes, or 911 fees, Universal Services antl TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is tlelerminetl to be applicable, then you ayr¢e to pay to FSW the full amount of any such tax, lee or assessment, by the due date of the bill on which the same is inclutletl. Tax rates, fees antl assessments are subject to change without notice. 6. NONPAYMENT/BREACH - A late payment charge of the lesser of 1 L2°6 per month, or the maximum rate permiltetl by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount carried forward to a subsequent bJl. A charge of $10.00 will be made Dy FSW for any check or other negotiable instrument tendered by you to FSw which rs returned unpaid by a financial instiWtion for any reason FSW may demand payment by money order, cashiers check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collection agent' or anorney to assist FSW in remedying your breach of this agreement, inclutling but not limited to the non-payment of charges hereunder, [his expense will be paid Dy you. ] CREDIT INFORMATION -You consent fo FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting associations, or other provders of Commercial Mobile Radio Service. 0. TERMINATION OF SERVICE -Vou may terminate service by notifying FSW If you terminate service before the completion of any serNCe commitment (other than amonnh-to-month term), inclutling ter- mination of your service Dy FSW because of your failure m pay any amount owed FSWJOr wireless service un ibis or any other account, you agree to pay the Early Termination Charge describetl in Paragraph 2 above and on the front of this Agreement to FSW as liquitlatetl damages. Upon the occurrence of env of the following with regard to the Service provided pursuant to this contract, or for any other service provtletl m you, including without limkatioo, Commercial Mobile Ratlio Service or other services to other units using other numbers or accounts m your name or for which you are responsible, to-wit-. i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit ill violation of any term or condition of this or other contrails or agreements with FSW, subject to any applicable tariff or regulation; tin suspected unlawful use: or ivl excessive charges or irautll FSW may, wdh or wahout notice [o you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, antl /or terminate this contract FSW may also tarmmate serv- ice m the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assigmnent for the benefit of creditors, or sale of substantially all of your assets. Disconnection of your service or fermina- Lon of your eontract antler any of these circumstances shall be deemed a termination of service hY YOU. Upon termination, you are responsible for paying all amounts antl charges owing under this Agreamen6 inclutling any appGCable Early Termination Charye. Service also may be r¢fosetl or tliscontinuetl without notice in the event that: p s'ermce is used in a manner that will adversely affect FSW service to others or is otherwise in violation of any FCC Rules or Regulations; iq services are not available from [he network provider or its successor, iii) your credit information provrtletl to FSW is inaccurate; iv) FSW becomes aware of faMS intlicafing that your credit stand- ing has tletenorated; v) you tail to pay FSW for any service provitlatl to you or for your Genefit to another account or wireless number; or vp you fail to provitle any security deposit or additional security deposit as may be required not or in the future. 9. WIRELESS TELEPHONES/RESPONSIBILITY FOP SERVICE/THEFT -FSW Is not responsible for the installation, operation, quality of (ransmisslon or maintenance of your wireless telephone unlessoN- erwise agreeQfo in writing. Units purchased from any source other than tlirecily from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW antl you agree to direct all complaints regarding your wireless unit to the source of such egmpmant Vou untlerstantl that in the evens of nonpayment of charges, the Commercial Mobile Ratlio Service system may be programmed to refuse service to the equipment on which [he tlelinyuent charges wore incurred until payment in full is made. You agree to advise any Prospective purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stolen, you are responsible for all charges for Commercial Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calliny the customer service num~ bar a[ 630-896-1200 or 1-8011-3]5-2296, or after S:OD p.m. weekdays, antl during weekends antl holidays, 630-25]-(1114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY: INDEMNITY Service may be temporarily interrupted delayed or otherwise limited due to: it transmission limitations caused by atmospheric and other contlltlons; li) the availability of ratlio frequency channels; Ili) system capadiy Ilalltatlpn5 rv) coortllnation with adlaoent wireless companies: v) equipment modifloations, upgretlea, relocations, failures, repairs antl/or similar activities; antl vii interruptions resulting from any non-payment by you Therefore,PSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE m you or your authorized user. FSW shall have no liability antl no credits shall be given for any Interruptions, delays or failures in transmissions resulting from any of the above relerencetl conditions or from: i) your negligent or willful act; ii) the failure of equipment or of service not provitlatl through F$W facilities antl: iii) Acts of God Ore, riots, government authorities or other causes beyond the control of FSW. FSW accepts NO RESPONSIBIL- ITY for problems encountered wPole customer is roaming in any other Commercial Mobie Ratlio Service area, for acts or omissions of any other service provider, for information provided through your unit, equipment failure or modification, cr causes beyond our reasonable control. Vou agree that the liability of FSW, H any, for interuptions, delays, antl failures in transmission of service (service problems) to you, whether caused by the negligence of FSW or otherwise, is hereby limited to the elloWance of a credit in the form of an adjustment far no more than the charges bllletl by FSW to you for the affected period, except that no cretlR shall be given for recurring monthly charges, if any, for a service problem of less than YwentY-four (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges bllletl for the period affected by the service problem. FSW has the right fo-require that credits be applied for in writing and to deny any request for credit for an allegetl sevice problem where the evidence of such problem is inconclusive, or the request is otherwise unwar- ranted or Insuifirlent In the opinion of FGW. Except as provrtletl ahove, you hereby agree [hat FSW shall not be liable tor, and shall be held harmless antl indemnified by you Irom and against any antl all claims antl damages, of every kind, whether by contract or in tort, antl speclllcally inclutling any delms or damages afsing or allegetl to arise out of negligence on the part of FSW, antl Including speorhwlfy special or aonseyuantlal damages, arising or alleged to arse out of the use of any service antl/or equipment proNdetl under this contract, as well as any damages such as Ipst profits arising out of or annbuted dtreMly of indirectly, to service problems or ony failw'es of the Commercial Mobile Radio Service system or your equipmanp Including the ineblli[y to suoeessfully place an amergeney pall to 911 or any other number, or the failure or Inab'tlity of any emer- gency answering system or the Commercial Mobile Radio Service system to properly identify the calling number or the location or vicinity of the unit placing any such call, no manor haw occasioned. Other than as set out above, FSW makes no express warmnry regarding the service of your wireless equipment antl disclaims any implied warranty, inclutling any wanany of merchantability or fitness for a portlcular purpose. Vou agree to use your wireless equipment antl the Service provrtletl by FSW In a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the egwpment and s¢rmees. Vou are solely responsible to assure your unit is compatible with FSW service antl is in compliance with the rules and regulations and conditions Of the FCC or any other federal, state, or Ixal regu- latory agency in the operation antl use of your wireless equipment, including all content you Vansmi[ throu94 Your unit, no matter where purchased or how obtained. Neither FSW, nor any of Its employees Is an agent or represehtatlve of you in FCC matters or otherwise. Vnu understand that for an adtlitiunal tae, speakerphone equipment is available from numerous swrces. This service enables you to use your wireless telephone in your motor vehicle without holding the receiv- ed thereby allowing You to use both hands while operating such motor vehcle. This Paragraph ID m its entimty shall survive termination of Nis Agreement. 11. GOVERNING LAW -This Agreement shalt b¢ governed by the laws of the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid ill¢gaL or unenforceable in any respect such invalidity, illegabty, or unenfomeabil'rty shall not affect any other provision hereof, and ibis Agreement shall be consiruetl as if such invalid, illegal, or unenforceable provision had never been con- tained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will became a contract when accepted in writing by FSW, or its designee, which acceptance shall be at FS W's sole tliscre- lion. 13. CDMDLATIYE REMEDIES - No rlyht or remedy harem uonferretl upmi or reserved to FSW is exdusVa of any other right or remedy harem or by law or equity provided or permitted but each shall be cumu- lative of every other right or rarrledy given hereunder or now or hereafter existing a[ law or equity, antl any be enforeetl concurrently Nerewlth or from time to time 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, antl agrees not to assert any antl all existing or fuure claims, tlefenses.antl offsets against any payment due hereunder. Customer agrees m pay any Payments due hereunder regardless of any claimed defense or offset which maybe asserted by Gusmmar or on Customers behalf. 15. CALL-FORWARDED CALLS -Call-forwarded calls In excess of Lve (51 minutes in tlurafion are bllletl at a per minute rate. 16. LONG DISTANCE CARRIER FSW reserves the right to deliver some nr all of your long distance calls ro a long distance provider of FSW's choice. t] RECONNECTION FEE -Customer agrees to pay a $1 S.DO reconnection fee, pNS applicable taxes, when reactivating service after any service suspension. 16. SERVICE PLANS Inmal activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered ar the time [he activation, reactivation. or plan change is completed. 19. PRIVACY -Commercial Mobile Ratlio Service systems use radio channels to transmit vome antl data communications over a complex network. Although the law generally prohibits third parties from lis- tening in on Commercial MoU11e Ratlio Service calls, privacy cannot be guaranteed, antl FSW shall not be liable to you for any lack of privacy you experience while using the unn or any Commercial Mobile Ratlio Service. It you are concerned with protecting your privacy, Yhere may be products on the mallet available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -Vou are responsible for notifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE N3 OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANV ORAL REPRESENTATIONS MADE BV ANV REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THIS AGREEMENT MAV eE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. FIVE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service Renewal Service ^ Assumption of Acc1count Today's Date ~'1 ~~- ~6 Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number (s) Subscriber Name Agent Name MDN Phone No. OJO - Credit Check ^ Activation ^ MIN Phone No. 0 ~ o - ,2~ ~~ ~~ ~0 Account Number ~~ Phone Equip MSN _ ESN (11 digits) ESN (8 digits) Unlock Code ig" New ^ Used Home Phone # (_ ) Place of Primary Use S-° s~ ~ City County MailingBilling Address T?J~-~ ~~ ~i/ "'`~/ O City ~e lwi'~~e County ~~,r_ State ~~ Zip Service Commitment (Term of,Contract) Length of commitment: ~~ Months I understand the service commitment expires on EARLY TERMINATION CHARGE: $200.00 Customer Initial Please 1 1 1 1 Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _ / _ / _ I Government Agency Spouse SSN DOB _ / _ / _ Type of Entity Drivers License _ Place of Employment Date Employed Work Phone # 7~~ ~y~ C~ Ext. Tax Exempt ^ Fed ^ St ^ Co ^Loc /J /~ FSW USE ONLY Deposit Amount: $~ Deposit # Recd Date Activation/Service Chage $ Tax ID # Officer Title Officer Title Trade Reference Phone # Acct. # Tax Exempt ~ o ^Loc ' 1 1 Monthly Included Monthly* Calling Features Monthly Monthly charge will not apply when included in service plan. Charge Service Plan Minutes Charge SMS (Text) $1.95 MMS (Data) $9.95 ~S ~°J ADD-A- ~, PHONE ~-, 9 j~~ *Al] plans subject [o applicable [axes, surchazges and assessments, including, but not limited to, State and Federal taxes, 91 l fees, and Universal Service Fund and Telecommunications Infraswcture Fund reimbursements. I understand the monthly access Yee and included es will be prorated for the number of days I am in :e for the first month billing cycle. (Billing cycle runs the 20th of the month to the 19th of the following I I understand the difference between home, roam- ing, billing increments and rounding up of minutes. I have been provided a FSW customer information brochure. / 1 1 Customer, Please Read and Initial I understand that there is a service commitment fro the date of activation as set out above. I understand that all services are taxable -All appl cable [axes, surcharges, and assessments will be Mlle on my monthly statement (not applicable if tax State CDMA Phone Replacement _ Yes (Customer Initial) No Non-Camera Phone $4.95 Camera Phone Top Feature Phones $9.95 $14.95 1 ' By signature, customer agrees to all terms and conditions in the above application for FSW telephone service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted [his application in the capacity as indicated us my "Title" below. If 1 am representing a eorporadon, I aelmowledge [hat the execution of this document has been authorised by all necessary corporate action. In the even[ of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts no[ paid when due. /'-~ Customer gnatur Title {err County Judge Date 11-27-2006 Printed Name n~+ m; .. t ,.._ FSW Representative Revised 04/n6 TERMS & CONDITIONS , OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 15B2 limited Partnership tlib/a Five Star Wiroleas (FSWL Provides Gommarcial MOD+Ie Radio Service (the "Service') nn the terms and conditions spaclfietl herein antl ei rates and charges eslab- Irshetl from Mme Iii times Ev¢ry use of the term "yoo;"'your' or "customer' m this tlocument includes yoil, Intlivitluelly as wall es any company or other entity on whose behalf you are acting In submitting Nis app6catlon for Servico. Y. AVAILABIWTY OF LIM17E0 SERVICE-Commercial Mobile Radio Se+vica is generally evadable to wireless moblte radio units {wireless te{ephones) equfppetl for INS service antl when wirliin Fhe operet- iny range Ot cell sits located in the FSW Home Service Araa and may he available ouisitle of that area in other participaM1ng career service areas. The "Home Service Area" is the area within which FSW is titan ed (o provitle commarciel mobile radio service, and a0y other areas where by contact FSW subscribers may make calls at the FSW home rate-Toe Home Bervipe Area may change from time to time without nO¢oe t0 you. Servico Is furnishetl for use Dy You or others either expressly or implledly authorized by You Orders, including those which involve the initiation, change or discontinuance of service, will be acceptetl by FSW rimy from you or your Authorizetl Agent. Any parson able to provitle your name, adtlreas, social security number, driver's Ilcense number antl wireless number will be presumed to be your Authorizetl Agent, antl a uuthonzad by 4ou ro receive mbimaWn about and make changes to your account, including atldmg new Service of number. You have nn property nghi in the telephone number assignetl to your wireless unit FSW reserves the nyht to assign, designate, Or change such number. when, in Rs sole opinion. such assignment, tlesigna- iron or chairge is reasonably necessary In the contluct of its business. A telephone number may not appear in more than one mobile ratlio unit, antl you may not alter or program any mobile radio nett capable of using the FSN! neVmoh. so that tt emulalos or appears to be another and suh,crlbad to FSW service, hndutling altering the manufacturers mstalletl Electronic Senel Number IEBN1 or F5W programmed tale phone numbor or.MObile Identification Number FSW reserves the right to suspentl service to all units sharing any of the describetl numbers without the express prior written consent of FSW 2. SERVICE COMMITMENT -YOU nave coniractetl wish FSW to provide the Service to you for the term specified on the Uom of this tlocument untler the beetling of "Service Commitment:' The term of your Service Con+inttment begins on the 9rst day your service Is activated At the end M your Service Commitment, the term of tMS Agreement snail be tleemed automatically renewed on a mcnih-to-month basis on th¢ same Verms and rondilions contained herein, and shall continue until terminated by either party. If you have coniractetl for a service commitment other than smooth-to-month term, you have received certain benefits from FSW in exchange for such service spmmltment which may include, but are not lim- itM to. subsidr_abon d the purchase pace of your waeless unit.'/ou untlerslantl antl agree Yha[ FSW~s tlamages arising out of yow breach of your service commitment will be tlifllculL ii not impossible, to deter- mine. THEREFORE IF. FOR ANV REASON. VOU TERMINATE YOUR SERVICE BEFORE E%PIRATION GATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGPEE TO PAV THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMNED TG. EQUIPMENT SUBSIDIZATIGN, INSTALLATION, FREE MINUTES OF USE ANDiOP OTHER INCENTIVES WHICH WERE PROVIDED BV FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN E%GHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUP SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITHOUT THE CONSENT OF FSW. Except for the special services ofleretl in exchange for your service cummitmem, FSW reserves the tight to increase any and all rates upon thirty l30) tlays noLrn to you. For purposes of this agreement, tlanial or tlisconnection of your service by FSW for your failure to pay FSW for tti0 Service provided to your unit antl billetl to you, shall be tleemed a termination of service by ybV. 3. DEPOSITS/CREDIT CHECKS ~ AI any time FSW may require you to make a suitable cash deposit to be heltl by FSW to secure payment to FSW for [he Service provitletl tO you antl you hereby grant FSW a security interest in such deposit tO secure the payment of all sums due hereunder to FSW, es well as the pertormance of all Other obligations you may have to FSW no matter how arising, whether now existing or hereafter arising. Interest in the amount pt [he greater of 2°/ per annum or chat rate required by stale law, will be paid on any such cash deposit for the periotl tlunng which it is held by FSW. Upon termination of seance, FSW may apply your tleposit )antl any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering Ina balance to you. Annually, you may request [hat FSW reevaluate your deposii,.which may result In a partial or total refuntl of the deposit (o you or a cretllt to your account. If, at any time tlunng this Agreement In [He sale opimm~ of FSW, your cretllt and/of financial informafion proves unsatisfactory or J any other reason arisen, such as, but not limitotl to, suspected urJawful use of wireless' service, excessive charges, legal disputes, Or suspectetl fraud FSW may. m Rs sole tliscretion, tlemand from you a tleposit or increased tlepo>it as a contlitiog for continuation of the Service to you. You certify antl warrant that the information provided by yoU on the front of this contract is complete and correct. 4. RATES, CHARGES AND PAYMENT -Vou will receive monthly bills which are tlue antl are to be paitl in full on the tlate shown un the bill. Vou hereby agree to pay FSW all chazges for it wireless airtime usage, including wireless airtime charges used on other wireless systems (roamer charger); ii) recurring monthly access charges, if any: iii) optional features; iv) any toll charges resulting from the origination of mobile calls to points outside the FSW Toll Free calkng area; vJ collect cells, vi) other charges Or calls bJIeO to your wireless unit including all roamer Charges, such as tlaily charges billed by other wireless provlAers for your umYS use gt such provitlera'systems and their airtime charges, which may be greater roan local rates. antl call forwartling Oharges; vlij any texas, surcharges, tees, assessmerts, Or recov- eries imposetl on you or FSW as a result of use of the Service on your account You accept responsibility br incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection Is establishatl between the unit and the carriers facilities, regardless of whether or not [he call is completetl. Airtime rates vary by market, There is a min- imwn charge for each connected call. Airtime is billed in increments Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. if you select aCaliino Plan wpb indvtletl airtime, unusetl inclutletl airtime from One billing cycle will not cafry over (o the following billing cycle. Ii your wireless vmt is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any anJ all rates upon thirty (301 days notice to you. Vou may elect [o change your rate plan to another yenerally available rate plan of FSW at any time tlunng the term of this Agraemnni. A service change fee may be charged in such event. In [he event of yow death, all amounts due FSW under this ggreement for s¢rvicos provided to yom wueless account. indutling ¢arly termination charges antl monthly service charges through the service commitment tlate, shall constiWta an obligation of your estate. This Paragraph 4 in its entirely shall surv viva terminetloo of finis Agreement. YOU HAVE THIRTY (301 DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY 13UI DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEES/SURCHARGES -Except for fine amounts, it any, of stale antl local taxes antl assessments stated on the front page of this tlocument, the prices and rates set out beam, or es[ab65hetl frorti Ilmo to time, tl0 not Include any amount for Fetloral, State antl/or Local exdea, sales. use, properly, retailer's occupation or slrnilar taxes, or 911 fees, Universal 3ervibe5 antl TIF relmbuaamenfs. surcharges, fees, other assessnrFnis or recoveries impoaetl on you or FSW, end the like whlnh rainy be applleabie-It any such tax, fee or assessment, whether or not listed hereto, is determined Io be applicable, then yoU ayree tq pay to FSW the WII amount of any such tax, tee Or assessment, by the tlue tlate of the bill on which the same is includetl. Tax rates, tees antl assessments are subject tq chabge without notice. 6. NONPAYMENT/BREACH - A late payment charge of the lesser of 1 1i29° per month, or the maximum rate parmittetl by law may be applietl to each of your service bills not paid by the due tlete. The late payment charge is applietl to the total unpaitl amount carnetl forwazd to a subsequent bill. A charge of 516.00 will be made by FSW for any check or other negotiable instrument tenderetl by you fi FSw which is raturnetl unpaitl by a financial insfiNtlon for any reason FSW may demand payment by money ortler, cashier's check or similarly secure form of payment, at FS W's tliscretion. If FSW obtains the services of a collection agency or attorney to assist FSW in remedying your breach of this agreement inclutling hm not limited to the non-payment of charges hereuntler, this expense will be paid by you. ]. CREDIT INFORMATION ~ Vou consontfi FSW obtaining or disclosing account information relating to you freer or to cretllt reportiny ayencies, credit bureaus, privets cretllt reporting associations, or other provitlers pfi Commercial Mobile Radio Service. 8. YERMINATION OF SERVICE -You may terminate service by notifying FSW. II you terminate service before the completion of any service commitment (ottier than a month-to-month term). inclutling ter- mination of your service by FSW because of your failure to pay any amount owed FSW for wireless service on this or arty other account, you agree to pay the Early Termination Charge describetl in Paragraph 2 above antl on the front of iMS Agreement to FSW as liquidated tlamages Upon the occurrence of any of the following with regartl to the Service provitletl pursuant Ip this contract, or for any other service provitletl (o you, including without limitation, Commercial Mobile Ratlm Service or other services to Other units using other numbers or accounts in your name or for which ycu are responsble, to-wit: ij non-payment of any amount tlue FSW for the Service of purchase or repair of any wire- less unit; ii) violation of env term Or contlition of this or other conirac4s or agreements with FSW, subiecf to any applicable (ariH or regulation; Iii) suspactetl unlawful use; or iv) excessive charges or frauQ FSW mat. with or without notice to you antl without incurring any liability to you Or any other person, temporarily tliscontlnue any antl all service tD you, and /or terminate this contract. FSW may also terminate serv~ ice m the event of your insolvency, receivership, vduntary or irwo{untary bankruptcy, assignment for the benefit of cretlitors, or sale of substantially all of your assets. Disconnection of your service or termina- tion of your contract under any of these circumstances shall be tleemed a termination of service by YOU. Upon termination, you are responsible for paying all amounts antl charges owing untler this Agreement, including any applicable Early Termination Charge. Servico also mat be refused or dieconfinued wltYrouY no4cn In the event that Ij service rs usetl in a manner that will adversely afleci FSW service to Others or Is otherwise In violaLOn of any FCC Rules or Requlatons: Ill services era not available from the network provitler or Its suoeessoq III) your cretllt Information provided to FSW i6 inaccuate-rv) FSW becomes aware Of facts Indicating that your cretllt stantl- iny has deteriorateq v) you fail to pay FSW for any service provitletl t0 you u+ for your benefit to another account or wireless number; or vi) you fail to prOVitle any secwity deposit or adtlitional security tleposit as may be required not or m the fuure. 9. WIRELESS TELEPHONES/RESPONSIBILITY FOR SERVICERHEFT -FSW Is not responsible for the installation, operation, quabty of transmission or maintenance of your wireless telephone unless oth- erwise agteetl to in writing. Units purchased from any source other than directly from FSW. inclOding those purchased tram authorizetl FSW agents ARE NOT provided or sold fi you Dy FSW antl you agree to dlrmt all complaints regaidmg your wireless nett to the source of such equipment. You understantl that in the event of nonpayment of charges, the Commercial Mobile Radio Sormce system may be programmed to refuse service to the equipment On which the tlelinquent charges wars incurred until payment in full Is matle. Vou agree to atlvise any prospective purchaser of your equipment of any such outstanding unpaitl charges. li ycur equipmcm is stolen, you are responsible for all charges for Commercial MbbAe Ratlio Service provitletl to the stolen unit until the theft is repmtetl to FSW directly by calling the customer sernce num- ber at 830-8964200 or 1-B00-3]5.2298, or attar 5:00 p.m. weekdays, antl tlwing weekends and holidays, 830-25]-0114, Kerrville Telephone company repair service. t0. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may ba temporarily interrupted tlelayetl or otherwise limited tlue to: it transmission limitations caused by atrtmspheric orb other conditions, in the availaoiliN of radio frequency channels; iii? system capacity limitations; iv) coordination wtth adlacent wireless companies; v) equipment motlifications, upgrades. relocations, failures, repairs andi0r similar activities; antl vi) interruptions resulting from any non payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shell have m kebll8y and no cretll[s shall be given for arty intarruptlons tlelays ur failures fib trarismiasions resulting from any of the above referenced eontlipuns nr tram'.9 your negligent or wd1Uil act; Iq the failue of equipment or of service not provided through FSW facilities and, iii) Acts of God fire, riots, government authorities or other causes beyond the control of FSW FSW accepts' NO RESPONS181L- ITV for problems encounteretl while customer is roaming in any other Commercial Mobile Ratlio Service area, for acts pr omissions of any other service provider, for informanrn provitletl though your unit, equipment failure Or motlifica[ion, or causes beyond our reasonable control. You agree that the IlaDtlity of FSW. y any, for interruptions, tlelays, antl failures in transmission of service tnervice Problems) to you, whether causetl by fine negligence of FSW or otherwise is hereby limited to the allowanceo(a credit In the form of an atllustment for no more than the charges billetl by FSW to you br the af(eO(etl pebotl, except (hat no oretlit shall be given for retuning monthly chages, if any, fur a sarvlr.e problem of less than twenty-torn (241 hours duratloa untler no cimumstances shall any aetli[ ezcaetl the wlrelass serrate chages billed for the period affected by the service problem FSW has the right to require Nat cretlits be applietl for in writing antl to tleny any request for credit for an allegetl service problem where the evitlence of such problem is incpnclusrve, or the request is otherwise unwar- rant¢d or insuffident In me pplnlon of FSW Except as provitletl above, you herby agree that FSW shall not be liable for. and shall be heltl hsrmloss and indemmfmtl by you fiam acrd against any and all rAa+ms and tlamages, of every kind, wYrethor by conVant or m tort antl specifically inclutling any claims Or tlamages arising or alleged tO arise out of negligence on the part of FSW antl including specM1cally special or rgnsaquentiel damages. arising or alleyetl to adso out of Ue use ni any servlca antl/or equipment provitletl untler This oon(rect, as well es any tlamages such as lost Grofits arlsing out of nr at(nbuteq directly or Indirectly, to service problems or any faAUres of the Commercial Mobile Ratlio Service system or your equipment, inclutling the Inability to successfully place an emergene9 call to 911 or any Other numbor. or the failure or mabilHV tit any emer- gency answering system or the Commercial Mobile Ratlio Service system to properly itlentity Yhe. calling number or the location or vicinity of the unit placing any such call, no matter how occasionetl. Other than as sot out above, FSW makes Oo express warranty regartling the service of your wireless equipment and disclaims any Implied warranty, incutling any warranty of merchantability ur fitness for a particular purpose Ynu agree to use your wireless equipment antl the Service provitletl by FSW m a manner that complies with all laws, cotles, and regulations relating to the possession, operation, or use of the equipment and services. You ar¢ coldly responsible to assure your unit is compatible with FSW eel vice antl is in compliance with the rules and regulations antl contlitions of the FCC or any other fetleraL state, or local regu- latory agency in the operaton antl use of your wir¢loss egmpment rnduding all consent you irsnsmit through your unit, no matter where purchased or nova obtainetl. Neither FSW, nor any pf its employees is an agent or representative of you In FCC matters or otherwise. You untlerstantl that for an atltlitional fe¢, speakerphone equipment is available fiom numerous sources Tnis servme enables you to use your wireless telephone in your motor vehicle without h0ltlmq the receiv er, ihereGy allowing, qou 1o nee both hands white operating such motor vehicle. This Paragraph in in in entirety shall survive termination of this Agreement. 11. GOVERNING LAW - TNS Agreement shall be governetl by Ilia lawn Oi the State of Texas. Ii any one oI more of Ne provisions con(sinotl herein shall be hnltl to be Invalid, illegal, Or unenforceable in any respect, such rnvelldlty illegality, or unenforoeabibry shall not efled any other pmvlsien hereof, and this Ayrealneni shall be consnuetl as if such freabd illegal, or unenforceable provision netl never beep cob- tainen herein. t2. ACCEPTANCE -This document Is an oiler Gy you (o accept fine Service, whi TI will become a contract when acceptetl in writing by FSW, or its designee, which acceptance shall be at FSWs sole tlisOre lion. 13. CUMULATIVE REMEDIES- NO right qr remedy harem conferred neat or eservetl io FSW Is exdumve of any other right or remedy harem or by law Or equity provitletl m permitletl, but each shall be cumo- latrve of every other right or 4emetly given hereuntler ur now or hereafter existing at law or equity, antl any be enforced concurrently therewith or from time to time. 14, WAIVER OF CLAIMS AND OFFSETS -Customer hereby waiaes, and agrees not to assert nny antl all existing or future claims, detenses,and oHSets against any payment due hereuntler Gustomar agrees to pay any payments tlue Dereunder regardless of any claimetl tlefense or oHSet which maybe assertetl by Customer or on Customer's behalf. 16. CALL-FORWARDED CALLS -Gall-0Orwartletl calls in excess of five (5) minutes in tluation are billed at a per minute rate. 16. LONG DISTANCE CAPRIER -FSW mserves the right to tleliver some or all of your long distance calls to a long distance prwidar of FSW's choice. 17. RECONNECTION FEE - CustOmei agrees to pay a $13 00 reconnection fee, plus applicable taxes, when reactivating service aver any service suspension. 18. SERVICE PLANS -Initial adivetions, reaclrvations, or plan changes Of wireless service with FSW shall only inclutle rate plans currently being oilere0 at iha time the activatipo, reactivation, Or plan change is completed. 19. PRIVACY - Commercial Mobile Ratlio Service systems use ratlio channels to transmit voice antl tlate communications over a complex network. Although the law generally prohibits third parties from lis- ternnq m on Commercial Mobile Ratlio Service calls, privacy cannot be guarante¢d and FSW shall not be liable to you (or any lack of privacy you experience while using the unit or any Commercial Mobile Radio Service. Ii you are epneerned with protecting Your Drivacy, there may be products on the market available at your expense whmh can scramble your calls. 2g. CHANGE OF ADDRESS -YOU are responsible for notifying FSW of any changes in your atlhass. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, ANDTNERE ARE 414 OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMEP RELATING TO THE SUBJECT MATTER HEREOF, INGUIDING ANY ORAL REPRESENTATIONS MADE 8Y ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TO TH15 AGREEMENT MAY BE MODIFIED BV FSW UPON THIRTY (30) GAYS ADVANCE WRITTEN NOTICE TO YOU. FIVE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service ~ Renewal Service ^ Assumption of/Account Today's Date / -'~ 7~d~ Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number (s) Agent Name MDN Phone No. 8 ~ O - Credit Check ^ Activation ^ MIN Phone No. 8 3 O - ~/ - ~ ~ O Account Number ~ '` ~ ~y / Phone Mf¢/Model Equip MSN ESN (11 digits 1 ESN (8 digits) Unlock Code New ^ Used Subscriber Name ~~ y- / ~J~ ~ ,~ I . ~i1 /~ ~ ~ f Spouse/Co-subscriber Home Phone # ( ) Place of Primary Use SGI ~ ~ City County MailingBil 'ng Address 7 l7 t7 /~ Gi r nJ '~~/ O City ~~ ///r `~~2 County~~ //' State ~ Zip 7 ~ ©~ Service Commitment (Term of Contract) Length of commitment: ~„ ~ Months I understand the service commitment expires on EARLY TERMINATION CHARGE: $200.00 Customer Initial Ple ~_.. .. 1 1 1 Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _ / _ / _ Government Agency Spouse SSN DOB _ / _ / _ ~,Pe of Entity Drivers License State Tax ID # Place of Employment Date Employed Officer Work Phone # O ~ O Ex[. Tifle Tax Exempt ^ Fed ^ St ^ Co ^ Loc ~~ FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Officer Title Trade Reference Phone # Acct. # Tax Exemp t o c 1 ' Monthly Included Monthly* I Calling Features Monthly Monthly charge will not apply when included in service plan. Charge Service Plan Minutes Charge SMS (Text) $1.95 US 8vJ moo $ `~~~' ~ ADD-A- $14.95 PHONE *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, Stale and Fedual taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. 1 1 1 1 Customer, Please Read and Initial I understand that there is a service commitment fro the date of activation as set out above. I understand that all services are taxable -All ap licable taxes, surcharges, and assessments will be bi led on my monthly statement (not applicable if tax I understand [he monthly access fee and included es will be prorated for [he number of days I am in e for the first month billing cycle. Billing cycle mns the 20th of the month [o the 19th of the following _ I understand the difference between home, roam- billing increments and rounding up of minutes. _ I have been provided a FSW customer information MMS (Data) $9.95 CDMA Phone Replacement Yes (Customer Initial) No Non-Camera Phone $4.95 Camera Phone $9.95 Top Feature Phones $14.95 1 ' By signature, customer agrees to all terms and conditions in the above application for FSW telephone service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. if signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. If I am representing a corporation, I acknowledge that [he execuflon of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, [he undersigned agrees to be personally liable for amounts not paid when due. Customer SieFiatur Title Kerr County Judge Date 11-27-2006 Printed Name Pat 'Pi 1 ' "'-- ~~ FSW Representative ~ ~~~ ,. R~~j-~~ Rerieed 04;nC. TERMS 6 CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA i5B2 LamYed Partnership Nbra F'rve Star Wireless lFSW), provitles Commercial Mobile Ratlio Service fthe. "Service'1 on the terme antl rondiLOna speoifietl harem entl et ratae antl charges estetr Irsdetl from Lma w tlme. Every use of the term "you," "you/' or "customer' m ibis document molutles you. Individually, as well ss any company or other enirty on whose behalf you are ailing In submitting this applicaLOn inr Service 1. AVAILABILITY OF LIMITED SERVICE - Commercial Mobile Ratlio Servce Is 5enerally available to wireless mobile ratlio units (wireless felephenevl equipped for this service antl when w¢hinAhe operab Ing ianye of cell sitee located In [he FSW Hume Service Area antl may b¢ available outsitle ni that area In other participating carrier servico areas. The "Home Service Area" is the area within which FSW is licensed Yo pnrvMe commercial mobile radio sevipe, antl any other areas where by contract FSW subscriGers may make calls at iha FSW home rate. The Home Service Area may ohange from time to time without nutina to you. EerviuE~ Is fur nishad for ore by you nr others either expressly or impliedly authorized by you. Orders, rnclutling those which Involve the Inalatlen, ohange or tlisoontinuance of servlne, will bu accepted by FSW unry [rorti yuu or your Authoiizetl Agent. Any peraen able to provitle your name, adtlress, social seaprity number, driver's hoanse number end wireless number will be presumetl to be your Authorized Agent end is aumorizetl by you to receive information about antl make chances fo your account Includiny adding new Service or number You have no property right In the telephone number acsignetl fo yunr wireless unit FSW raseives the right to assign. designate, nr change suvh number, when, in its sole opinion, such assignment, tlesigna- non nr chanye ie reasonabN necessary In [he oontlud of its business. A felePhaie number may not appear in more then one mobile ratlio unit, and you may net alter or program arty mobile ratlio unit vepeble of using the FSW network sp that a emulates ur appearrs to be another unit subscribed to FSW service. including altering the manufacturer s installetl Electronic Serial Number (ESN7 m FSW proyrammedtele- phone number or Mobile b¢nirfication Number FSW reserves Ne right to suspend service [o all units sharing any of the describetl numbers without the express prlcr written consent of FSW. 2. SERVICE COMMITMENT -Vou have contmotetl with FSW to provide Ne Service to you for the term specified on the front of Yhis document untler the heading of "Service CommltmenC' The term of your Service Commitment begins no the first tlaY your secrete ie acYlvetetl. A[ the end of your Service Commitment, iGe term of this Agreernant shall be tleemetl automatically renewed on a month-to-month basis on the same terms and contlltlons contained harem, antl shall continue unitl termrnetetl by silver party. It you have coniradod inr a service commitment other than amonth-YO-month term, you have recevetl certain benefits from FSW In ezchange ioi sgch service commitment which may include, DN ere not Ire ited to. subsitlizatiun of the purchase price of your wireless unrt Vou untlerstantl and agree Yhat FS W's tlamagas arising out of your bream of yam service commitment will be tlifflcult. Ii not impossible, Yp deter- mine. THEREFORE, IF. FOR ANV REASON. VOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT. VOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, SUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION. INSTALLATION, FRFE MINUTES OF USE AND/OR OTHER ItJCENTIVER WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITHOUT THE CONSENT OF FSW ExceptTOr the special aervcos offered in axehange for your service eommrtmanL FSW reserves the right to increase any entl all rates upon thirty 1301 tleys notic5 to vnu. Far purposes of thla agreemevq denial or tlisconnaction of your service Gy FSW for your failure fo pay FSW for the Service providatl to your anti and billed to you, shell be deemed a termination of service by you. 3. DEPOSITS7CREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provitled to yuu antl you hereby grant FSW a setunN interest in such tleposit to secure the payment of all sums due nereuntler to FSW, as well as the performance of all other obligations you may have Io FSW no mater how arising, whether now existing or hereafter arising Interest m the amount of the greater of 2°6 per annum or that rate requiretl by state Inw, will be paid on any such cash tleposit for the period tlvring which it is held by FSW. Upon termination of service, FSW may apply your tleposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before tlelivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result rn a portal or total refuntl of the tleposit fo you or a cretlit fo your account. Ii, at anytime tluriny this Agreement, in the sole opinion of FSW, your credit antllor financial information proves unsetistactory or if any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges, legal tlisputes. or suspected baud FSW may, m Rs sale tliscretion, demantl from you a tleposit nr increased tleposit as a condition for continuation of the Service ie von. Vnu rerhiy and warrant that the information provitletl by you on the trout of this contract is complete antl correct. 4. RATES, CHARGES AND PAYMENT - Yeu will receive monthly bills which are tlue and are to be paid in full on the tlate shown on the bill Vou hereby agree to pay FSW all charges for Q wireless airtime usage, rnclutling wveless eirhme charges used on otFier wireless systems Qoamer chargasl; il) recurring monthly access charges if any, Iii) optional features: Iv) any toll charges resulting From the origination of mobile halls Yo points outsitle the FSW Toll Free calling area: v) collect calls; vii other charges or calls billed to your wireless unit rnclutling all roamer charges, such as tleily charges billed by other wireless providers for your unit's use Cf such prpvitlers'systems antl their airtime charges, which may be greater than local rates, and call forwarding charyes; vii) any taxes, surcharges, fees, assessments, or recce cries imposed ou you ar FSW as a result of use of the Service on your account Vou accept responsibility for incoming calls to ywr wireless telephone. Chargeable time for calls originated by or terminated N your wireless telephone unit begins when a connection is estaDlishetl between the unit and the carrier s facilities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a min Imam cYiarge for each connectetl call. Airtime is billetl in increments. Whole minute increments may he nsetl. Actual airtime usage is rountletl up to the next increment for billing purposes. If you select a Calling Plan with inclutletl ajriime, unusetl includetl gimme from one billing cycle will not carry over to the followiny billing cycle. If your wireless unit is used as a pager, you will be charged for such services as tlescribetl In your Short Message Service Plan. FSW reserves the right to increase `any antl all rates upon thirty (30) tleys notice Yo you. You may elect to change yam rate plan to another generally available rate Plau of FSW at any time during the term of this Agreement A service change fee may be charged in such event. In [he event of your tleath, all amounts duo FSW untler this Agreement for services provitled to your wireless account. 'rnclutling early termination charges and monthly service charges through the service commitment date, shall consM1tute an obliyation of your estate. This Paragraph 4 in Hs entirety shall sur- vme termination of Yhis Agreement. VOU HAVE THIRTY 130) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTEp, THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TA%ES/FEES/SURCHARGES -Except for iha amounts, if any, of state antl local razes antl assessments stated on Ne front page of this tlocumenL, the prices antl rates set out herein, or establishotl from time to time, tlo not include any amount for Fetleral, State antl/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services antl TIF reimbursements. surcharges, tees, other assessments or recoveries imposetl on you or FSW, antl the Lke which may ba applicable. Ii any such tax, fee or assessment, whether or not listetl herein, is tleterminetl to bs applicable, then you agree to pay to FSW the Full amount of any such tax, (ee or assessment, by the tlue tlate of the bill on which the same is includetl Tax rates, fees antl assessments are sublecH to change without notice. 6. NONPAYMENT/BREACH - A late payment charge of the lesser of 1 1/2°'. per month, or the maximum refs permittetl by law may be applietl to each of your service bills not paitl by the tlue tlate. The late payment charye is applietl to ids total unpaitl amount carried forwartl to a subsequent bill A charge of 51D.DD will be matle by FSW for any check or other negotiable instrument tenderetl by you Lo FSw which is returned unpaitl by a financial institution for any reason. FSW may tlemantl payment by money ortler, cashier's check or similarly secure form of payment, at FS W's tliscretion. If FSW obtains the services of a collection agency or anorney to assist FSW rn remetlying your breach of this agreement, rnclutling but not limitetl to the non-payment of charges herauntler, Nis expense will be paitl by you. T. CREDIT INFOgMATION -You consent Lo FSW obtammg or tlisclosing account information rdatiny iv you from or to credit reporting agencies, cetlR bureaus, private cretlit reporting associatmns, or other providers of Commercial Mobile Radio Service. e. TERMINATION OF SERVICE -Vou may terminate service by notifying FSW. If you terminate service before the completion of any service commitment IMher than amonth-to-monk term), indutlmq terv minatimf or your service by FSW because of your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Eary Termination Charge tlescribetl in Paragraph 2 above antl on the Front of Yhis Agreement to FSW as liquitlntetl tlamagas Upon the occurrence of any of the following with regartl to the Service providatl pursvanY to this contract or for any other service provitletl io you, rnclutling without IimRahon, Commercial Mobile Ratlio Service or other services fo other unRS using oNer numbers or accounts in your name or Mr which Vou are responsible, to-wit: i) non-payment of any amount tlue FSW for the Service or purchase or repair of any wire- less unit: ii7 vinlailon of any term or eontllimn of this or other contracts or agreements wah FSW, sub)eoY [o any applicable tariff or regulation; III) suapaetetl unlawful use; or rv) excessive charges or fraud, FSW may, with or without notice to you antl without incurring any liability to you or any other parson, temporarily tliscontinue any antl all service to you, antl roc terminate this contract. FSW may also terminate serv- ice in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for [he benefit of cretlitors, or sale of substantially all of your asses. Disconnection of your service ur termina- tion C( yore contract untler any of these circumstances shall be tleemetl a terminaLOn of service by you. Upon termination, you are responsible ioi paying all amounts antl charges owing under thi=Agreement. rnclutling any applicable Early Termination Charge. Service also may be refusetl or discontinued without notice in Ns event Yhat p secrete is usetl in a manner that will adversely atect FSW service Lo others or is otherwise in violation of any FCC Rules or Regulations: ii) services are not available from the network provider or its successor, iiQ your cretlit information provitled to FSW is inaccurate; iv) FSW becomes aware of facts intlicating that your cretlit stand- ing has tleteriumted v) you Lail to pay FSW roc any service provitletl Yo you or br your Genefit Lo another account or wireless number; or vi) you fall to provitle any security tleposit or additional security deposit as may he requiretl not or in the future. 9. WIRELESS TELEPHONES/RESPONSIBILITY FOR SERVICE?MEFT -FSW is not responsible for the installation, operatioq qualify of transmission or maintenance of your wireless telephone unless oth- erwis@ agreetl ip in writing. Umfs purchasetl from any source ether than tlirectly from FSW, including those purchased from authorrzetl FSW agents ARE NOT provitled or soltl to you by FSW and you agree m direct all complalnis regerdmy your wireless unit to the source of such equipmaN Vou untlerstand that in iha event of nonpayment of charges, the Commercial Mobile Ratlw Service system may be programmetl to refuse service to the equipment on which the tleLnqueni charges were incurred until payment in full Is matle. Vou agree to advise anV prospective purchaser of your egmpmenY of any such outstanding unpaitl charges. If Your egoipment L stolen you are rasponslDle for all charges Lor Commercial MobJe Ratlio Servk-o provitled to the stolen unit until the Lhetl Is teporietl to FSW tlirectly by calling the customai service num- ber at 830-8961200 vi 1-SDO 3]5-2298, or after 5:00 p. m. weektlays antl tluriny weekentls and holitlays, 830-25]-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be Yemporanly interrupted tlelayetl or otherwise limited tlue to. i) transmission limitations caused DY atmospheric antl other contlltlona; li) the avalabilty of ratlio frequency channels, iii) system capacity Imitatons; iv) coortlnetion with atljacent wrelesa companies; v) equipment motlllca[ions, upgretles, relocations, feilmes. repairs and/or similar activities; and vi) Interruptions resulting imm any non-payment by you Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to yuu or your auNorizetl user. FSW shall have no liability antl no credits shall ba given for any interruptions. tlelays or failures m transmissions resulting from any of the aGOVS referenced conditions or from: iJ your negliyent pr willful act; ii) Na failure of equipment or of service not provitletl through FSW facilities and', iii) Acts of God Ere, nets, government authorities or other Causes beyond Ns control of FSW FSW accepts NO RESPONSIBIL- ITY for problems encovnteietl while customer is roaming in any other Commercial Mobile Radio Service area, for acts or omissions of any other serNCe provideL for information provided through your unit, egmpmem failure or modification, or causes beyontl our reasonable control. Vov agree that the liability of FSW if any, for Interrupifo0s, tleleys, antl failures In transmission of service (service prblemsl to you, whether causetl by the negllgance of FSW or otherwise, Is hereby Ilmltetl to Ne allowance of a cretlit m the corm of an atljustment for no more than the chages billetl by FSW fo you for the afiectetl period, except that no cretlit shall be given for recurriny monthly charges, if any, for a service problem of lass Nan twenty-four l2J) hours tlumtign. Untler no dreumstances shall any cretlit exceed iha wireless service charges billed for the period atectetl by Ne service problem FSW has the tight to require Nat credits be applietl for in writing anJ to tleny any request for credit inr an allege) service problem where the evigence of such problem is inconclusive, or the request Is omerwise unwar- :antetl er insufficient m the opinion of FSW Except as provitletl above, you hereby agree that FSW shall not be liable for, antl shall be held harmless anJ iudemmfietl by you from and against any and all claims antl damages, of every kind, whether by contract or In tort and specifically including any claims or Uamages arising or alleged to arise out of negligence on the part of FSW, antl Including specifically special or Consequential tlamagas, nrising or allegetl to arise out of the use of any service and/or equipment provitled untler this contract, as well as any tlamagas such as lost profits ansmg out of or attributed, directly or indirectly, fo service preblems or any (ailurac of the Commaroial Mobile Ratlio 3ervica system or your equipment invluding Nn Inability N sucpessfully place an emergency call to 911 or any other number, or the faiure or Inebil'rty of any emer- gency answerm9 system or the Commercial Mobile Radio Servce system to properly itlentify tha calling number or [he location or vicinity of the urvt planing any such call, no matter how occasionetl. Other than as set cut above, FSW makes no express warranty regartling the service of your wireless egmpmenY antl tlisdaims any implied warranty, rnclutling any warranty of merchantabildy or fitness for a pardwlm pmposa. You agree to use your wireless equipment and the Service provitletl by FSW rn a manner that oomplles with all laws, ootles, and regulations relating [o the poseeaslon, operation, or use of the equipment and services. You are solely responsible to assure your unit Is compatible with FSW service antl is in compliance with the rules antl regulations antl contli[ions of the FCC or any other federal, state, or local regu~ latory agency In the operation and use of your wireless agvipmenL, including all content you Vansmit Yhroiigh your unit, no matter where purchasetl or how obtarnetl. Neither FSW, nor any of its employees rs an agent or representative of you in FCC matters or otherwise. You underatentl that far an adtlltlonal fee, speakerphone equipment is available tram numerous sources This service enables yuu tv use your wireless [alaphone in your motorvahivie without holding [he receiv- er, thereby allowing You tv use both hantls while operating such motor vehicle. This Paragraph 101n Its entirety shall survive termrnaVnn of this Agreemem. 1/. GOVERNING LAW -This Agreement shall be govemetl by the laws of me Stale ut Texas. Ii any one or more of the provisions contained herein shall be heltl to be Invalid illegal, or unenfoceahle m any respect, such invalitlity, illegality, or unenlorceability shall not affect any other provision hereof, and this Agreement shall be construed as ii such invalid Illegal, or unenforceable provision had never been con- tainetl herein 12 ACCEPTANCE -This tlocumenL is an offer by you [u accept the Service; which will become a contract when accepted in writing by FSW, or its tlesignae, which acceptance shall be at FS W's sole tliscre tiun 23. CUMULATIVE REMEDIES- No right or remedy herein conferred upon or reserveU to FSW is a.'