The following terms and conditions govern your service agreement.
YOUR USE OF THE SERVICE AND/OR PURCHASE OF THE DEVICE CONSTITUTES AGREEMENT TO ALL TERMS AND CONDITIONS.
This is an agreement ("Agreement") between you ("the Customer") and Charity Mobile for cellular telecommunications service ("Service"). The words "we", "us", or "our" refer to Charity Mobile. The word "Number" refers to your phone number. The term "Device" 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 legal capacity to accept this Agreement. This Agreement is binding whether you have read these terms and conditions or not.
1. FAILURE TO ACTIVATE
If you fail to activate a Device you receive as part of any promotional discount(s) from Charity Mobile within 30 days of delivery of the Device, you will be billed for the value of the promotional discount(s) you received, unless you return the Device (see section 2. DEVICE RETURNS AND EXCHANGES).
2. DEVICE RETURNS AND EXCHANGES
You may initiate the return or exchange of a Device you ordered from Charity Mobile within 30 days of delivery of the Device. For exchanges, you must pay the cost associated with the subsequent Device, and will only be refunded for the cost of the original Device once it is returned to Charity Mobile. One exchange is allowed within this time frame. A returned or exchanged Device must be received by us in like new condition with all of its original contents and packaging within 30 days of initiating the return or exchange. The definition of like new condition is the sole judgment of Charity Mobile. Failure to return a Device within 30 days of initiating the return or exchange will result in you being billed for the value of the promotional discount(s) you received and will void any Device refund due to you. Failure to return a Device with all of its original contents and in like new condition will result in you being billed for the value of the promotional discount(s) you received, will result in the Device being returned to you, and will void any Device refund due to you.
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.
f. The Customer's usage of cellular Service has been suspended or terminated for non-payment on two separate occasions, which shall result in the Customer becoming ineligible to reactivate Service.
The Customer may terminate this Agreement at any time for any reason. Even though the account is terminated, you are liable for all charges up to the date of termination. Because the monthly rate plan is billed in advance, you must still pay for the full cycle as shown on the billing statement issued prior to the termination of your service. If automatic payments are enabled on your account, you will be charged for the full cycle on the due date as specified on the billing statement issued prior to your termination. Subsequent billing statement(s) will reflect any applicable prorated rate plan credits due to you as a result of your termination of Service that occurred within a previous cycle, as well as any overage charges and/or remaining charges.
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 any part of this Agreement will not waive our right to require compliance with any other part of this Agreement.
We may require a reactivation charge or reinstatement fee to resume Service after termination or suspension.
We offer a 30 Day Risk Free Guarantee for new Customers. You can terminate your Service and return your Device within 30 days of delivery of the Device. Charges associated with your monthly rate plan will only be reversed if the Device is returned (see section 2. DEVICE RETURNS AND EXCHANGES). Data usage exceeding 1 GB will not be reversed and must be paid in full.
Existing Customers who terminate Service within 30 days of receiving a Device as part of any promotional discount(s) from Charity Mobile will be charged the value of the promotional discount(s) received unless the Device is returned (see section 2. DEVICE RETURNS AND EXCHANGES).
If you terminate service between 31-90 days of receiving a Device as part of any promotional discount(s) from Charity Mobile, you will be charged the value of the promotional discount(s) you received. No returns or refunds are permitted for Devices or Service within this time frame or beyond.
4. BILLING AND PAYMENT OF CHARGES
All billing will be monthly, payable in advance, except local airtime, roaming, overage and toll charges. Payment of the Customer's cellular Service billing statement, including all applicable taxes and surcharges, is due as indicated on the billing statement. Balances which remain unpaid after the specified due 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 usage processed through the Device or the Number. Service charges may include charges for services provided by other vendors for usage that is sent from or received by the Device, such as toll charges for calls outside the local service area, roaming or network charges for calls that are sent from or received by the Device when it is outside the local calling area, incoming and outgoing text messages, MMS messages, data usage (including tethering) and any additional current or future feature charges or third party charges (directory assistance, voicemail, etc.).
You agree that we may add our own charges for processing third party charges. Any taxes, costs of charges imposed on us as a result of providing the Service or the Device, will be added to your billing statement. Airtime charges are from the time you press SEND until the time you press END. All calls are billed in full minute increments.
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 rate 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 Devices and is charged per use or in a rate plan, if purchased. Internet and data activities (including tethering) are subject to Device 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 billing statement. 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 when roaming on other carrier's networks) may occasionally be delayed. Such usage charges may appear in a later billing cycle, and will not necessarily be deducted from your monthly rate plan in the billing cycle in which the usage is actually billed and may therefore result in additional charges for that billing cycle.
5. 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 and terms and conditions without notice. You must pay any additional service charges from the date of modification, even though you paid for the Service in advance. If you do not agree to the modifications, you may terminate this Agreement. 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. If you misrepresent your eligibility for a 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.
6. THIRD PARTY APPLICATIONS AND SERVICES
If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, they may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third party products. Charity Mobile is not responsible for any third party information, content, applications or services you access, download or use on your Device. You are responsible for maintaining virus and other Internet security protections when accessing third party products or services.
7. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE IF NONPERFORMANCE IS CAUSED BY ACT OR OMISSION OF ANY OTHER CARRIER, DEVICE FAILURE OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS, OR CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR NETWORK OUTAGES. 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 DEVICE OR THE SERVICE OR THE INSTALLATION OR REPAIR OF THE DEVICE 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.
8. NO WARRANTIES
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your Device, or any applications you access through your Device. We do not warrant that your Device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network-related modifications, upgrades or similar activity.
Service is available to your Device only when the Device 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.
10. THE NUMBER AND THE DEVICE
You may be able to transfer or port your Number to another carrier. If you port your Number from us, we will treat it as if you asked us to terminate your Service for that Number. After the porting is completed, you will not be able to use our service for that number, but you will remain responsible for all fees and charges incurred up to the date of port completion. You do not have ownership rights to your Number, except for any right you may have to port it to a new carrier.
Your Device must comply with Federal Communications Commission regulations, be certified for use on our network, and be compatible with your Service. Please be aware that we may change your Device's software, applications or programming remotely, without notice. This could affect your stored data, or how you've programmed or use your Device. By activating Service that uses a SIM (Subscriber Identity Module) card, you agree that we own the intellectual property and software in the SIM card that we may change the software or other data in the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.
a. Cellular Devices use radio channels to transmit voice, data and text messaging. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed.
b. You consent to allow us and anyone who collects on our behalf to contact you about your account status, including past due charges, current charges or usage related notifications, using email, calls or messages delivered by an automated system to any Number, other contact number or email address you provide. We will treat any email address you provide as your private email that is not accessible by unauthorized third parties. Calls and notices will be made to your Number or Device regardless of time zone.
c. If you apply for our Service, we reserve the right to investigate your credit history. A minimum credit score is required. Approval for Service is determined by the credit score provided by the credit scoring system of a third party credit agency that we utilize. If you would like the name and address of the credit agency that gives us a credit report about you, just ask.
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.
14. DISCLOSURES ON CUSTOMER 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.
17. TAXES AND SURCHARGES
You must pay all taxes, fees and surcharges set by federal, state and local governments. These taxes can change periodically. Our charges may also include Federal Universal Service, Regulatory Recovery and Administrative Regulatory charges to help recover our cost of complying with certain Federal and State regulatory mandates. We may also include other charges related to our governmental costs. We set these charges; they are not taxes, they are not required by law, they are not necessarily related to anything the government does, they are kept by us in whole or in part, and the amounts and what they pay for may change.
18. LOST OR STOLEN EQUIPMENT
In the event that the Customer's cellular Device 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.
Charity Mobile will throttle your mobile data access if you use 25 GB (gigabytes) or more of data. Once throttled, you will experience significantly slower data speeds unless you connect to a Wi-Fi network. Your data access will remain throttled until the billing cycle restarts on the 7th of the month, or you may contact us to remove data throttling for the remainder of the billing cycle. You are responsible for any data overage charges above and beyond your plan limit.
20. 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.
22. 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 21. ARBITRATION.
If you have any questions about our terms and conditions, please call us toll-free at 1-877-474-3662, chat with us using our Live Chat, or e-mail us at email@example.com!