Please read this Agreement carefully before using your Wireless Service. By using the Service you agree to be bound by these terms
YOUR USE OF THE SERVICE CONSTITUTES AGREEMENT TO ALL TERMS AND CONDITIONS.
This is an agreement ("Agreement") between you (the "Customer"), and Charity Mobile for cellular radio telecommunications service ("Service"). The words "we", "us", or "our" refer to Charity Mobile. This Agreement is binding when Service is activated to your specific telephone number(s) (each, a "Number"). The term "Unit" means the cellular receiving and transmitting equipment which is programmed with the Number. You represent that you are at least eighteen (18) years of age and have the legal capacity to accept this Agreement.
Service shall not be used in furtherance of any violation of the law or in any manner that unreasonably interferes with the use and enjoyment of such Services by others. The Customer understands that Charity Mobile may restrict, suspend, or terminate without notice all lines of cellular Service furnished to the customer and collect all monies owed to us without incurring any liability whatsoever in those instances where we determine in our sole discretion that:
a. The Customer is using or has used cellular Service to engage in illegal or undesirable activity or is otherwise interfering with another's use of cellular Service.
b. The Customer has not timely paid all of the charges owed to Charity Mobile.
c. The Customer's usage of cellular Service exceeds levels expected or customarily incurred under the rate plan in which the Customer is enrolled.
d. The Customer has acted to defraud Charity Mobile.
e. The Customer is engaging in, or has engaged in, abusive or harassing behavior towards the agents, employees or customers of Charity Mobile.
The Customer may cancel this Agreement at any time for any reason. If you do cancel, you must notify us in writing. Even though the account is canceled, you are liable for all charges up to the date of cancellation. We may require a reactivation charge to resume Service after termination. You remain responsible for payment of all charges incurred under this Agreement through the date of cancellation. If you fail to perform your obligations, you will reimburse us for all expenses, including attorneys' fees, incurred in the enforcement of this Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
f. The Customer's usage of cellular Service has been suspended or terminated for non-payment on two (2) separate occasions, which shall result in the Customer becoming ineligible to reactivate Service.
The Customer may cancel this Agreement at any time for any reason. If you do cancel, you must notify us in writing. Even though the account is canceled, you are liable for all charges up to the date of cancellation.
We may require a reactivation charge to resume Service after termination.
You remain responsible for payment of all charges incurred under this Agreement through the date of cancellation. If you fail to perform your obligations, you will reimburse us for all expenses, including attorneys' fees, incurred in the enforcement of this Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
2. MODIFYING YOUR ACCOUNT
If you would like to make changes to your Service, please contact us. Some changes may be subject to limitations and/or additional charges. We may modify this Agreement, including the Service charges or terms and conditions, upon notice. You must pay any additional charges from the date of the modification, even though you paid for the Service in advance. If you do not agree to the modifications, you may terminate this Agreement by giving us written notice. If we discontinue a rate plan or you are not eligible for a rate plan, we may change your Service to a different rate plan upon notice. If you misrepresent your eligibility for any rate plan, you agree to pay us the additional amount you would have been charged under the most favorable rate plan for which you are eligible.
We may require a deposit in which you grant us a security interest to secure your payment of all amounts when due. You must promptly pay your bills even if you have given us a deposit. Unless otherwise required by law, deposits may be commingled with other funds and will not earn interest. We may require an additional deposit upon reevaluation of your usage or credit. You may either (1) pay the increased deposit or (2) terminate the Agreement. When this Agreement is terminated, your deposit may be used to pay any amounts due and you are responsible for any remaining charges.
4. BILLING AND PAYMENT OF CHARGES
All billing will be monthly, payable in advance, except for local airtime, roaming, overage and toll charges. Payment of the Customer's cellular Service bill, including all applicable taxes, is due as indicated on the bill. Balances which remain unpaid on the next bill date will be subject to a late fee. In addition, if Charity Mobile refers the Customer's account to an attorney or agency for collection, the Customer agrees to pay Charity Mobile's cost of collection, including reasonable agent and attorney fees. You will pay all Service charges for all calls processed through the Unit or the Number. Service charges may include charges for services provided by other vendors for calls that are sent from or received by the Unit, such as toll charges for calls outside our local service area, roaming or network charges for calls that are sent from or received by the Unit when it is outside our local calling area, incoming and outgoing text messaging, data usage (including tethering) and any additional current or future feature charges or third-party charges (directory assistance, voicemail, etc.).
You agree we may add our own charges for processing third-party charges. Any taxes, costs or charges imposed on us as a result of providing the Service or the Unit will be added to your charges. For answered calls, air time charges are from the time you press SEND until the time you press END.
Recurring monthly fees and non-recurring Service charges will be billed as soon as possible, some in advance, some in arrears. The Activation fee is non-refundable. Your Service is equipped with Standard Text Messaging and is charged per use or in a bundled plan, if purchased. Premium Text Messaging is blocked unless you agree to a release and are therefore liable for all charges incurred. Picture Messaging is available on select Units and requires a data package and charge per use for sending or receiving. Internet and data activities (including tethering) are subject to Unit capabilities and applicable data charges. Billing cycle end dates may change from time to time. If you have authorized charges to a credit card or bank account, no additional notice or consent will be required before billing. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice. Disputes of charges must be in writing and received no later than the due date to: Charity Mobile, P.O. Box 531640, Cincinnati, OH 45253. We will make good faith efforts to promptly resolve disputes. You agree that (1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our damages if you fail to pay promptly; and (3) if you do not pay all charges by the due date, unless prohibited by law, you shall pay us the maximum late fee allowed by law, of any balance due, payable for every month the said amount remains unpaid. Acceptance of late or partial payments (even if marked "Paid in Full") will not waive our rights thereunder. We will assess a thirty-five dollar ($35) fee for any check returned for insufficient funds. Any remaining funds in excess of ten dollars ($10) will be returned to you at your last-known address within 90 days after termination. If the postal service returns the funds to us as undeliverable, they will become our property.
Billing of usage for calls, messages, data or other Services (such as usage when roaming on other carrier's networks) may occasionally be delayed. Such usage charges may appear in a later billing cycle, and will be deducted from Anytime or Peak monthly minutes or other Service allotments for the month when the usage is actually billed, and may result in additional charges for that month. Those minutes will be applied against your Anytime or Peak monthly minutes in the month in which the calls appear on your bill.
5. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE IF NONPERFORMANCE IS CAUSED BY ACT OR OMISSION OF ANY OTHER CARRIER, EQUIPMENT FAILURE OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS, OR CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR OUTAGES OF 24 HOURS OR LESS, OUR LIABILITY FOR ANY SERVICE FAILURE SHALL IN NO EVENT EXCEED THE SERVICE CHARGES DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE TO YOU, YOUR EMPLOYEES, AGENTS OR CUSTOMERS, OR ANY THIRD PARTY, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY FAILURE OF SERVICE. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE UNIT OR THE SERVICE OR THE INSTALLATION OR REPAIR OF THE UNIT BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ANY UNDERLYING CARRIER HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT AND YOUR USE OF THE SERVICE UNLESS DUE TO OUR SOLE NEGLIGENCE. YOU AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING OUR RIGHTS OR IN ESTABLISHING THE APPLICABILITY OF THIS PARAGRAPH.
6. NO WARRANTIES
WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE UNIT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE UNIT, NOR THE PROVIDER OF THE SERVICE, AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY BY US.
You may terminate your Service and return your Unit for any reason for a refund within thirty (30) days of delivery of your Unit. You remain obligated to pay the pro-rated monthly access and usage charges, all activation fees, shipping fees, taxes and surcharges that were incurred prior to the termination date. You must then immediately return the Unit and any accessories in the original box with the original packing slip, tray and all of the parts included. The Unit, accessories and box must be in like new condition. Any Unit and/or accessories subjected to neglect, misuse, water damage, or wear and tear may not be returned for credit. If the Unit and/or accessories are returned in this manner and within the time frame required, a full refund will not be given to you. If you receive any Unit and/or accessories at no cost as part of a promotion and do not return the Unit and/or accessories within 30 days of your notice of cancellation, you will be charged the full retail price of the Unit and/or accessories. If you receive any Unit and/or accessories at a discounted cost as part of a promotion and do not return the Unit and/or accessories within 30 days of your notice of cancellation, you will be charged for the amount of the discount.
Service is available to your Unit only when the Unit is within the operating range of our cellular systems. Service may be subject to transmission limitations beyond the systems' control and may be temporarily interrupted.
9. THE NUMBER
You have no ownership rights to the Number. We may change your Number assignment by giving you notice of the change. You may not assign the Number or the Unit's Electronic Serial Number (ESN) to any other Unit. You may not program any other Number into the Unit. These acts may be considered fraud and may result in immediate termination.
a. Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed.
b. You consent to our right to contact you via your landline, cellular telephone, e-mail address, or postal mailing address for any business purpose.
Written notices to you shall be effective on the date deposited in the postal service addressed to your address of record, or on the date sent electronically via e-mail or SMS (text message). Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your Number. Oral notices shall be effective on the date reflected in our customer service system.
We may assign in whole or in part our rights or duties under this Agreement without notice to you, and we are then released from all liability. You may assign this Agreement only with our prior written consent. This agreement shall benefit and be binding on our or your successors.
13. DISCLOSURES ON CONSUMER CREDIT TRANSACTIONS REQUIRED
For administrative convenience, we may make certain disclosures to all customers which are required only for consumer or credit transactions. Such disclosures do not give you any rights and are void if not required.
If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
16. TAXES AND SURCHARGES
We will bill you for taxes and other charges levied by domestic governments or authorities imposed on you or us as a result of providing the Service or the Unit. We will bill you for a Regulatory Recovery Surcharge of $2.41 per account with cellular Service to recover our cost of complying with certain State and Federal regulatory mandates and Universal Service Fees (USF). The amount or method of calculation of these fees may change at any time. Regulatory surcharges and USF are not taxes or government required charges on the end user.
17. LOST OR STOLEN EQUIPMENT
In the event that the Customer's cellular Unit is lost or stolen, the Customer shall be liable for all charges attributable to the Number until the loss or theft is reported to Charity Mobile.
18. EQUIPMENT PROTECTION
Equipment Protection plans only cover the Unit and its standard battery. Equipment Protection may only be purchased at the time of sale. Plan A covers accidental physical or liquid damage and failure due to normal wear and tear or defect. Plans B and C cover accidental physical or liquid damage and failure due to normal wear and tear or defect, plus loss or theft. A maximum of one replacement request will be allowed within a 12-month period. Replacement value may not exceed $1,000. Service must be active with Charity Mobile at time of claim to be eligible for replacement. A deductible may apply. Protection coverage is per Unit.
19. LEGAL JURISDICTION
The laws of the state of Ohio shall apply to this document and any relationship between us produced by it.
As a condition precedent to the filing of any lawsuit by either party hereunder, the parties agree to arbitrate the issue(s) under the rules then in effect with the American Arbitration Association.
21. NON-ARBITRATION MATTERS
Any suit which is filed for collection of a past-due account shall not be subject to the Arbitration clause in section 20 above.
If you have any questions about our terms and conditions, please call us toll-free at 1-877-474-3662, or e-mail us at firstname.lastname@example.org!