AT&T MOBILE BUSINESS AGREEMENT
Depending on which system you use to enter your agreement you will be presented with either of the following AT&T Mobile Business Agreements: Version 14-A or Version 15-A.
AT&T MOBILE BUSINESS AGREEMENT
Version 14-A
Location ID: ________
Company Legal Name (Customer): ________
Street Address: ________
City: ________ State: ________
Zip Code: ________
Main Telephone Number: ________
Contact Name: ________
Contact Telephone: ________
Email Address: ________
This AT&T Mobile Business Agreement (“AMB”) between Customer and AT&T Mobility National Accounts LLC (“AT&T”), on behalf of itself and as agent for the Carriers, consists of (a) the AT&T Mobile Business Program Description set forth below (the “Program Description”), (b) the General Terms and Conditions in effect on the Effective Date and found at the Program Website (the “General Terms and Conditions”), including its provisions requiring that disputes be resolved by binding individual arbitration instead of jury trials or class actions and (c) all materials incorporated by reference in the General Terms and Conditions, such as applicable Sales Information and Attachments found at www.att.com/abs-addtl-terms, www.att.com/smallbusiness/wireless/ or such other site determined by AT&T found at the Program Website, and the AT&T Acceptable Use Policy found at www.att.com/legal/terms.aup.html (collectively, the “Agreement”).
Program Website: www.att.com/amb.
The Agreement is for an initial term beginning on the Effective Date and continuing for a period of three years. At the end of this initial term, the Agreement will automatically continue on a month-to-month basis unless one party gives notice to the other party of its intention to allow the Agreement to expire within thirty days prior to the expiration of the then current term. The “Effective Date” is the date on which the last party signs this Agreement.
PROGRAM DESCRIPTION
1. SERVICE
AT&T, through Carriers, will provide Service (as defined, along with other terms used herein, in the General Terms and Conditions) to Customer and its current W-2 employees and/or individuals who receive a K-1 form from Customer (collectively, “Employees”). Employees may receive Service either: (a) under Customer’s account (“Corporate Responsibility Users” or “CRUs”); or (b) under individual accounts in accordance with the terms of the Service Discount and AT&T Signature Program Attachment found at the Program Website (“Individual Responsibility Users” or “IRUs”). CRUs and IRUs are, at times, referred to collectively as “End Users”. Provided Customer and its End Users meet AT&T’s corresponding eligibility requirements, AT&T will provide Customer and qualified IRUs, as applicable, with a discount on the Monthly Service Charge of Qualifying Plan(s) (the “Service Discount”), as described in more detail in the Service Discount and AT&T Signature Program Attachment found at the Program Website.
2. AT&T MOBILE BUSINESS PROGRAM ELIGIBILITY REQUIREMENTS
2.1.
Customer must have, at all times during the term of this Agreement, at least one CRU.
2.2.
Customer represents and warrants that (a) it is a bona fide business entity; and (b) all of its End Users are and will continue to be valid Employees throughout the term of the Agreement.
3. FINANCIAL RESPONSIBILITY
Customer must pay for all amounts incurred under the Agreement, regardless of whether such amounts were incurred by and/or invoiced to Customer or its CRUs. Customer is not liable for any amounts incurred by and invoiced to IRUs under this Agreement or any IRU Service Agreement.
4. EQUIPMENT PURCHASE METHODS AND CANCELLATION FEE
| Equipment Purchase Method | Applicable Cancellation Fee |
|---|---|
| At a discounted price with a 2- or 3-year service commitment* | The Cancellation Fee amount for each CRU line of Service that is terminated before the end of the applicable service commitment will vary depending upon the undiscounted retail price of the Equipment for such CRU line. Go to www.att.com/equipmentETF to see what Cancellation Fee applies to the Equipment and how the fee is prorated over time.** |
| At full, undiscounted retail price | N/A |
| On an installment plan* | N/A – each purchase is subject to a Retail Installment Agreement; see the Installment Financing Options for Qualified Equipment Attachment found at the Program Website for more details about this option. |
* This purchase method is offered at AT&T’s sole discretion. If offered, the service commitment and any installment plan options may vary by device and may not be available in all sales channels.
** The applicable Cancellation Fee found at the above link may be changed by AT&T from time to time, and AT&T will provide to Customer notice of any such changes. Any such changes will apply to CRU lines of Service that are activated after the effective date of the changes.
The Cancellation Fee will not apply to service terminations within the first 30 days after activation so long as Customer returns the applicable Equipment and pays an applicable restocking fee. See www.att.com/smallbusiness/wireless/return-policy/CRU-equipment-ETF for more details.
5. RESALE AND OTHER PROHIBITED USES
Customer and its CRUs are not permitted to resell, reproduce, retransmit, or disseminate Service or any other program components to third parties whether directly or indirectly, including, without limitation, through machine-to-machine transmissions.
6. BINDING INDIVIDUAL ARBITRATION AND FORUM SELECTION
Notwithstanding anything to the contrary elsewhere in the Agreement, all disputes between the parties will be resolved in accordance with AT&T’s Informal Dispute Resolution and Binding Individual Arbitration provisions (including without limitation, the Forum Selection provision) contained in Section 9 of the General Terms and Conditions portion of the Agreement and can be found by typing www.business.att.com/content/dam/businesscenter/pdf/legal/att-small-business-GTCs.pdf. Arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted.
7. PROHIBITED NETWORK USES AND OTHER AT&T RIGHT TO CHANGE, SUSPEND OR TERINATE SERIVICE
If Customer engages in Prohibited Network Uses or other prohibited activities described elsewhere in the Agreement (for example, in the Additional Service and Equipment Related Terms or in other Sales Information for Customer’s selected Service), then in addition to its other rights under the Agreement, AT&T may undertake the applicable remedies set forth in such portion of the Agreement.
8. WI-FI CALLING AND 911 CALLS
Customer acknowledges that it has received and understands, and has informed its CRUs of, the information about 911 calls using Wi-Fi Calling as an AT&T wireless service customer contained in the Additional Service and Equipment Related Terms portion of the Agreement, which is a part of the Agreement and can be found by typing www.att.com/abs-addtl-terms, and Customer further agrees that if a CRU dials 911 on Equipment using Wi-Fi Calling, AT&T may treat the automatic location information transmitted by the Equipment as the temporarily updated Wi-Fi Calling Emergency Address.
By signing below on behalf of Customer, I am representing and warranting that:
I have reviewed, and agree on behalf of Customer to, all of the terms and conditions of the Agreement, including, without limitation, the General Terms and Conditions incorporated by reference and found at www.att.com/amb.
I understand Customer will not be able to participate in, or obtain wireless service under, the AT&T Mobile Business Program until I sign the Agreement via AT&T’s electronic AMB Agreement Acceptance process.
| CUSTOMER SIGNATURE By Authorized Representative |
Via AT&T’s Electronic AMB Agreement Acceptance Process |
| Customer (by its authorized representative) |
AT&T (by its authorized representative) |
|---|---|
| By: | By: |
| Name: | Name: |
| Title: | Title: |
| Date: | Date: |
AT&T Mobile Business Agreement Pricing Schedule
Version 15-A
AT&T Master Agreement No.: ___________
Agreement No.: ___________
| Customer | AT&T |
| Legal Customer Name Street Address: ___________ City: ___________ State/Province: ___________ Zip Code: ___________ Country: ___________ |
AT&T Mobility National Accounts LLC (AT&T) |
| Customer Contact (for Notices) | AT&T Contact (for Notices) |
| Name: ___________ Title: ___________ Street Address: ___________ City: ___________ State/Province: ___________ Zip Code: ___________ Country: ___________ Telephone: ___________ Email: ___________ |
AT&T 208 S. Akard Street Dallas, TX 75202 ATTN: Master Agreement Support Team Email: mast@att.com |
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. That Agreement includes the AT&T Mobile Services Service Guide available at http://serviceguidenew.att.com/sg_flashPlayerPage/MS (Service Guide), including its provision requiring the disputes be resolved by binding individual arbitration instead of jury trials or class actions, as well as the other documents referenced in Section 1 below. Capitalized terms not defined herein shall have the meaning set forth in the Service Guide. In the event of a conflict or inconsistency between the terms of this Pricing Schedule and the terms contained (i) in the “Optional Programs” section of the Service Guide and associated Sales Information for an Optional Program selected by Customer or a CRU (collectively, the Optional Program Terms) or (ii) in the Sales Information for any Service selected by Customer or a CRU, the Optional Program Terms and the Sales Information will prevail but only with respect to such Optional Program or other Service, as applicable.
By signing below on behalf of Customer, I am representing and warranting that I have reviewed, and agree on behalf of Customer to, all of the terms and conditions of the Agreement, including, without limitation, the Service Guide incorporated by reference.
Provided the Master Agreement referenced above remains in effect, upon Customer’s signature and delivery of this Pricing Schedule to AT&T, AT&T agrees to all of the terms and conditions of the Agreement, including without limitation this Pricing Schedule and the Service Guide it includes.
| Customer (by its authorized representative) |
|---|
| By: |
| Name: ___________ |
| Title: ___________ |
| Date: ___________ |
1. Services and Service Publications
| Services | Service Publications |
|---|---|
| AT&T Mobile Services, Equipment, Optional Programs, and Supplemental Services | Service Guide, Sales Information and Mobility Fee Schedule |
1.2. Service Publication Locations
| Service Publications | Service Publication Descriptions | Service Publication Locations |
|---|---|---|
| Service Guide | AT&T Mobile Services Service Guide | http://serviceguidenew.att.com/sg_flashPlayerPage/MS |
| Sales Information | - Product-specific product briefs, rate brochures, service guides, ordering documents or acknowledgments, or other product offers provided to Customer. | Available in a retail store or through an AT&T sales representative upon request, on the Equipment or in an app, and/or online at www.att.com/abs-addtl-terms, www.wireless.att.com/business, or such other site provided by AT&T |
| Mobility Fee Schedule | - Surcharges, recovery fees and one-time fees | www.att.com/mobilityfees |
2. Pricing Schedule Term and Effective Dates
| Pricing Schedule Term | 36 Months |
|---|---|
| Pricing Schedule Term Start Date | Effective Date of this Pricing Schedule |
| Auto-Renewal Period(s) | At the end of the Pricing Schedule Term, the term of this Pricing Schedule will continue for successive 1-month renewal periods on the terms, conditions and pricing then in effect unless Customer provides AT&T written notice of its intent not to renew at least 30 days prior to the end of the initial term or then current monthly renewal period, as applicable. Nonrenewal of the Pricing Schedule will result in Customer not being able to activate new Services, and AT&T no longer providing any discounts provided by the Pricing Schedule to Customer’s existing Services. However, Customer’s existing Services will continue in effect until Customer separately cancels them by accessing Customer’s account online at www.att.com/myATT or www.att.com/Premier (as applicable), by calling 1.800.331.0500, or by contacting Customer’s AT&T representative. Any terms and conditions of the Pricing Schedule related to Customer’s existing Services will continue to apply to such Services until Customer cancels them. |
3. Service Withdrawal
| Notification Required for AT&T to withdraw from market and terminate a Service or Service Component | |
|---|---|
| Optional Programs | 30 days |
| All other Services | None |
4. Equipment Purchase Options and Cancellation Fee
| Equipment Purchase Option | Applicable Cancellation Fee |
|---|---|
| At a discounted price with a 2 or 3 year service commitment* | The Cancellation Fee amount for each CRU line of Service that is terminated before the end of the applicable service commitment will vary depending upon the undiscounted retail price of the Equipment for such CRU line. Go to www.att.com/equipmentETF to see what Cancellation Fee applies to the Equipment and how the fee is prorated over time.** |
| At full, undiscounted retail price | N/A |
| On an installment plan* | N/A – each purchase is subject to a Retail Installment Agreement; see the Installment Financing Options for Qualified Equipment section of the Service Guide for more details about this option. |
| * This option may not be available in all sales channels or for all devices. ** The applicable Cancellation Fee found at the above link may be changed by AT&T from time to time, and AT&T will provide to Customer notice of any such changes. Any such changes will apply to CRU lines of Service that are activated or upgraded after the effective date of the changes. The Cancellation Fee will not apply to service terminations within the first 30 days after activation so long as Customer returns the applicable Equipment and pays any applicable restocking fee. See www.att.com/returns for more details. |
|
5. Additional Terms and Conditions
5.1. Liability
AT&T WILL HAVE NO LIABILITY FOR ANY SERVICE INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS THAT LAST LESS THAN 24 HOURS.
5.2. Third Party Claims
AT&T WILL HAVE NO DUTY TO DEFEND, SETTLE, INDEMNIFY, OR HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY SETTLEMENTS, DAMAGES, COSTS AND OTHER AMOUNTS INCURRED BY CUSTOMER ARISING FROM THE ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY BASED ON EQUIPMENT, SOFTWARE OR SUPPLEMENTAL SERVICES FURNISHED UNDER THIS PRICING SCHEDULE (INCLUDING, WITHOUT LIMITATION, UNDER AN OPTIONAL PROGRAM).
5.3. Prohibited Network Uses, and Other Reasons AT&T May Change, Suspend or Terminate Service
If Customer violates off-net usage thresholds, engages in Prohibited Network Uses, or engages in other Misconduct described in the applicable Service Publication, then in addition to its other rights under the Agreement, AT&T may undertake applicable remedies set forth in the Service Publication.
5.4. Termination
Customer may only terminate this Pricing Schedule before the end of the Pricing Schedule Term for AT&T’s uncured material breach.
5.5. Binding Individual Arbitration and Forum Selection
Notwithstanding anything to the contrary elsewhere in the Agreement, all disputes between the parties will be resolved in accordance with AT&T’s Informal Dispute Resolution and Binding Individual Arbitration provisions (including without limitation, the Forum Selection provision) contained in Mobile Services Service Guide and can be found by typing https://serviceguidenew.att.com/sg_flashPlayerPage/MS. Arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted.
5.6. Wi‑Fi Calling and 911 Calls
Customer acknowledges that it has received and understands, and has informed its CRUs of, the information about 911 calls using Wi‑Fi Calling as an AT&T wireless service customer contained in Section 1 of the Service Guide, which is a part of the Agreement and can be found by typing https://serviceguidenew.att.com/sg_flashPlayerPage/MS, and Customer further agrees that if a CRU dials 911 on Equipment using Wi‑Fi Calling, AT&T may treat the automatic location information transmitted by the Equipment as the temporarily updated Wi‑Fi Calling Emergency Address.