§ 51-07-30 — Customer contract clauses - Billing examples - Enforcement - Penalty

1. As used in this section:
a. "Customer" means a person that borrows, buys, leases, or obtains services or
property under a service contract. The term does not include a government entity.

b. "Service contract" means a written agreement between a customer and a party
acting in the usual course of business in which a customer borrows, buys, leases,
or obtains personal property, real property, or services for valuable consideration.
c. "Terms and conditions" means general and special arrangements, provisions,
requirements, rules, specifications, and standards that form an integral part of an
agreement or contract.
2. If a service contract contains terms and conditions clauses, the service contract must
be accepted by the customer for the service contract to be enforceable.
3. If a service contract contains a liquidated damages clause, the clause must provide
specific examples of how any fees or charges will be calculated.
4. The attorney general may enforce this section. The attorney general, in enforcing this
section, has the powers provided in chapter 51-15 and may seek the remedies in
chapter 51-15. Each act in violation of this section constitutes a separate violation of
chapter 51-15. The remedies, duties, prohibitions, and penalties of this section are not
exclusive and are in addition to all other causes of action, remedies, and penalties in
chapter 51-15, or otherwise provided by law.