Important Service/Product Specific TermsEffective 09/04/12
These terms are subject to the Assurance Wireless General Terms and Conditions. Prices, rates, offers and programs are subject to change without notice, may not be available with all devices or in all markets/retail locations, or combinable with other promotions/options. Monthly service charges are not refunded or prorated if service is terminated or modified before your next payment date. Unused monthly service allotments, including, but not limited to, plan minutes, messages or data allotments, expire at the end of each monthly plan period or when a customer switches service plans and do not carry forward. Partial minutes of use are rounded up to the next whole minute.
Nature of our Service. Assurance Wireless is brought to you by Virgin Mobile USA, LP on the Sprint-owned network and is a Lifeline Assistance program supported by the federal Universal Service Fund program (“Lifeline Assistance”). Assurance Wireless service is limited to eligible customers (varies by state and subject to continued verification) and is non-transferable. One Lifeline Assistance line (wireless or wireline) per household. The primary use of your free device must be for domestic purposes within the Sprint-owned network and for other purposes outlined in our offers. Domestic means use in the 48 contiguous states, Hawaii, DC, Puerto Rico and the Virgin Islands. Service not available with Virgin Mobile Smartphones. Consumers who make willful false statements to obtain benefits may be punished by fine or imprisonment or may be barred from the program.
Messaging (text, picture, video, email and IM): Domestic & international rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. International: International calls are charged at the per-minute rate for the country being called plus your standard airtime rate. International long distance rates vary & are subject to change without notice (visit assurancewireless.com for current rate information). GPS Navigation: Environment may limit GPS location information. Third-Party Content: Subscribers may purchase mobile content on a per item or monthly basis from Virgin Mobile storefronts and other entities. Content fees will be deducted from subscriber’s account balance. Subscribers are responsible for all billed content, including content purchased by others authorized to use devices on the account. Call customer service for information on usage controls (e.g., account blocking tools). Local phone numbers may not be available in certain markets. Additional fees may apply for phone number or equipment change requests processed by customer service. You can request to change your mobile phone number up to three times each year. You may check your balance at any time free of charge online at assurancewireless.com or from your mobile phone. Your account history is available online for 60 days unless you switch service options.
Adding Funds to Your Account. You must add money to create a cash balance in your Assurance Wireless account to pay for monthly plan options (e.g., $5 plan, third-party content) or for wireless usage after the free plan’s 250 voice and 250 message allocations. Funds can be added using one of Virgin Mobile’s Payment methods (credit, debit, PayPal Account or Top-Up card). Customers can add a maximum of $200/day to their accounts and their total account balance cannot exceed $400. Funds cannot be used for any other wireless service. Adding funds through Virgin Mobile customer service may result in processing fees. State, local sales taxes and fees may apply when adding funds to your account.
Payments & Chargebacks. Your payment date (when applicable) is the date you subscribe to one of our paid for plans. We will first attempt to deduct payment for monthly services from your account balance and then will apply the charge to any registered payment method on file with Assurance Wireless. We reserve the right to suspend service for up to 30 days if a credit card or PayPal account charge we deem authorized for your account is disputed. If a chargeback is not resolved/reversed at the end of the 30 day period, the account will be deactivated and remaining funds in the account will be lost. We may terminate service for multiple chargebacks or require that funds be added solely by Top-Up.
Account Activity Requirement. You must actively use your Assurance Wireless service. If you do not make or answer a voice call or purchase minutes at least once during any 60-day period, Assurance Wireless will provide you with a notice of inactivity to inform you that you must use the service within 30 days or be de-enrolled. If you receive a notice of inactivity, you must make or answer a voice call at least once during the 30-day period following the notification or confirm that you would like to continue receiving Lifeline service in order to remain eligible and avoid termination of your Assurance Wireless Lifeline service.
Maintaining Eligibility and Service. You will receive Lifeline service from Assurance Wireless as long as you meet and continue to verify the Assurance Wireless eligibility requirements. If Assurance Wireless has reason to believe that you are no longer eligible for Assurance Wireless Lifeline service for any reason, including but not limited to instances in which (1) you have notified us of your ineligibility; (2) you have failed to respond to a request by Assurance Wireless to confirm your eligibility and/or address by the response date provided; (3) you have responded to a request by Assurance Wireless to confirm your eligibility but failed to submit adequate proof of your eligibility status; or (4) a state or federal agency alerts Assurance Wireless to your ineligibility, Assurance Wireless will notify you of impending termination of your Assurance Wireless Lifeline service. You will have 30 days to respond to this notice. Confirmation of eligibility must occur during this 30 days or your Assurance Wireless Lifeline service will be terminated. If your eligibility is not confirmed prior to the end of the applicable 30-day period following notification of inactivity or impending termination, you will lose any free monthly minutes remaining in your account and you will no longer receive a monthly allocation of free minutes.
Transition Period after Termination of Lifeline Service. For 120 days (365 for FL & TX) after termination of Assurance Wireless Lifeline service, if you have a sufficient balance in your account, you will be charged 10¢ for each additional minute you use. During this 120-day period (365 for FL & TX), you may choose to switch to a Virgin Mobile plan and keep your phone number by calling 1-888-321-5880. After the end of this 120 day-period (365 for FL & TX), your account will expire, and we will deactivate your service. If your account expires or is terminated, you will lose your phone number, and Assurance Wireless will assess you a termination charge equal to the value of the balance in your account.
Prohibited Network Uses. To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Assurance Wireless or Virgin Mobile customer's use of our service or disproportionally impacts Virgin Mobile's network resources. Assurance Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice to you, offer you a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited voice or data uses detailed below or if Assurance Wireless, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation. Examples of Prohibited Voice Uses. Virgin Mobile voice services are provided solely for live dialogue between, and initiated by, two individuals for personal use & as otherwise described in this policy. Assurance Wireless voice services may not be used for any other commercial purposes including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. Examples of Prohibited Data Uses. Assurance Wireless data services are provided solely for purposes of web browsing, messaging, and similar data activities. You may not use the data service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources; and (6) for any other reason that, in our sole discretion, harms our network. UNLIMITED USE PLANS. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Virgin Mobile Prohibited Network Uses and Assurance Wireless General Terms and Conditions. Network Management and Performance: Assurance Wireless telecommunication services are provided on the Sprint network. For important information on Sprint’s network management tools, policies and other related information, please visit virginmobileusa.com/networkmanagement.
Return Policy. Assurance Wireless phones are provided free of charge or can be purchased from Virgin Mobile or authorized retailers. Devices purchased directly from Virgin Mobile can be returned within 30 days of purchase. Customer may return the complete, undamaged device in its original packaging and all of its components along with the original receipt. Devices purchased from other retail locations are subject to the other location’s return policy.
State Dispute Resolution Information. Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies: Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560 Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858, FAX 303-894-2432, email PUCconsumer.complaints@ dora.state.co.us. Georgia: Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501. Kansas: Kansas Corporation Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1.800.662.0027 or in Topeka 785.271.3140. Hearing or speech impaired TDD Kansas Relay Center 1.800.766.3777. Massachusetts: Massachusetts Department of Telecommunications and Cable at (800) 392-6066 or (617) 305-3531. Oregon: For Oregon customers, contact the Oregon Public Utility Commission Consumer Services Section at 1-800-522-2404, firstname.lastname@example.org, or P.O. Box 2148, Salem, OR 97308. Washington: Washington State Office of Attorney General, Consumer Protection Division at 1-800-551-4636.
Assurance Wireless Rates
250 Free Minutes and Message Offer: Includes 250 free voice minutes and 250 messages per month. $5 Talk & Text Offer: 500 voice minutes – 250 free + 250 additional; 500 messages - 250 free messages + 250 additional/month. $20 Talk and Text: 1000 voice minutes – 250 free + 750 additional; 1000 messages - 250 free texts + 750 additional/month. $30 Unlimited Talk, Text and Web: unlimited voice minutes, messages and web access (excludes downloadable content). Add’l voice: 10¢ /min.; Add’l messages: 10¢ /msg sent or received. International text, picture messaging and voicemail messages are not included in the monthly allocation of messages. Certain types of messages are device dependent. Domestic Messaging Packs (Compatible Plans): $2.00 for 30 messages; $5.00 for 200 messages; $10.00 for 1,000 messages; $20.00 for unlimited messages. Add’l or Pay as You Go Messaging Rates (subject to change): Picture msg: 25¢ /msg sent or received; Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received). If you are on one of the $5 Talk & Text, $20 Talk & Text or $30 Unlimited Plan Offers and you do not have sufficient funds in your account to pay your monthly charge on your payment due date, you will automatically be switched to the 250 Free Minutes offer. Data: $1.50/MB. Unused data expires 24 hours after purchase. Data Pack (compatible plan): $5.00 for 5MB; $10.00 for 20MB; $20.00 for 50MB. $10 and $20 includes unlimited access to downloads (excludes content). Add’l MB: $1.50/MB.
General Terms and Conditions of ServiceEffective 09/04/12
Para solicitar esta literatura en español, por favor contactar a 1-888-321-5880 o visitar assurancewireless.com/espanol.
IntroductionAssurance Wireless is brought to you by Virgin Mobile and is a Lifeline Assistance program supported by the federal Universal Service Fund program (“Lifeline Assistance”). Virgin Mobile USA, L.P. provides the Assurance Wireless mobile telecommunications services exclusively with Assurance Wireless phones provided free of charge as well as select Virgin Mobile phones purchased from Virgin Mobile or an authorized retailer.
In this document: (1) “we,” “us,” “our,” and “Assurance Wireless” mean Virgin Mobile USA, L.P. ; (2) “you,” “your,” “customer,” and “user” mean an account holder or user with us; (3) “Device” means any phone, aircard, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) “Service” means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products, or Devices on your account with us. “Service(s)” also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service (“Ts&Cs”).
The Service AgreementThese Ts&Cs are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes but is not limited to the following: (i) the Assurance Wireless application; (ii) the subscriber agreement or transaction materials that you sign or accept; (iii) the plan(s) that you chose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current Agreement and transaction materials apply, excluding service plan features such as pricing or minute, message, and data allocation); (iv) any confirmation materials that we may provide to you; and (v) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.
Additional TermsAdditional terms will apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from Assurance Wireless or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. Assurance Wireless is not responsible for these third-party items and associated terms.
Our PoliciesServices are subject to our business policies, practices, and procedures (“Policies”). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
When You Accept The AgreementYou must have the legal capacity to accept the Agreement. When you accept the Agreement, you promise that you are at least 18 years old and meet the eligibility standards. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) activate a Device; (c) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t want to accept the Agreement, don’t do any of these things.
Service ActivationTo activate the Service, you must activate your Assurance Wireless Device. To establish an account balance, pay subscription charges, or make any other appropriate payments, follow the instructions provided with the equipment; at assurancewireless.com; or through Assurance Wireless Customer Care.
AvailabilityAssurance Wireless is only available for activation by customers who reside in the areas in which Virgin Mobile or, in certain cases, an affiliate has been designated as an Eligible Telecommunications Carrier (“ETC”). Your principal residence address must be within a Virgin Mobile ETC service area. Visit www.assurancewireless.com to check whether you reside in a Virgin Mobile ETC service area. To be eligible for Assurance Wireless service, you must meet the applicable eligibility standards described below, which may be amended from time to time.
EligibilityEligibility for Assurance Wireless service varies by state. You may qualify for Assurance Wireless if you participate in any of the government programs listed on your Assurance Wireless application or based on household income eligibility standards. If you seek to qualify for Assurance Wireless based upon participation in a qualifying federal or state program, you are required to provide proof of program participation such as program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program. If you seek to qualify for Assurance Wireless under the household income eligibility standards, you are required to provide written documentation of your household income. Your account will remain active as long as you meet the applicable eligibility standards for Assurance Wireless. You are responsible for notifying Assurance Wireless if you no longer meet the applicable eligibility standards for Assurance Wireless. In addition, if you receive a notice from Assurance Wireless requesting that you confirm your eligibility status, you must do so. Specific information regarding eligibility verification is listed in the Important Service/Product Specific Terms.
One Lifeline Assistance Discount Per Household: Your household may receive only one Lifeline discounted service (landline or wireless). A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. A household is not permitted to receive Lifeline benefits from multiple providers. Violation of the one-per-household rule constitutes of violation of federal rules and will result in de-enrollment from the Lifeline program and potentially prosecution by the United States government. You consent to have your personal identification information, including name, telephone number, and address shared with the Universal Service Administrative Company (USAC) (the Lifeline Program administrator) and/or it agents for the purpose of confirming that neither you nor your household receive more than one Lifeline benefit. If you or any member of your family unit receives Lifeline Assistance from any other telephone company, you are responsible for notifying your current service provider that you have been approved for Lifeline Assistance through Assurance Wireless from Virgin Mobile.
Eligibility Is Personal: Eligibility for Assurance Wireless is personal to you. You may not transfer to any third party any of your rights or benefits received under the Assurance Wireless service, including, but not limited to, any voice minutes received under the Assurance Wireless service.
Consent to Disclosure of Information: By completing the Assurance Wireless application, you consent to the release of your information (including financial information) to our designated agent as required for the administration of your Assurance Wireless service. This consent survives the termination of this Agreement. You further authorize Assurance Wireless to discuss with or access information from state or federal agency representatives concerning your eligibility for and participation in the Lifeline Assistance program. Assurance Wireless reserves the right to review your eligibility status at any time and require you to provide Assurance Wireless with written documentation of either your household income or your participation in a qualifying federal or state program.
Our Right To Change The Agreement & Your Related Rights We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer’s interests, or our networks.
Your Right To Change Services & When Changes Are Effective
The account holder can typically change Services upon request. In some instances, changes may be conditioned on payment of certain charges. The effective date of any changes will depend on our Policies, the old Services, and the requested Services. We will not credit or refund any subscription or other charges as a result of a change in Services. We may—but are not obligated to—provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
Restrictions On Using Services You can’t use our Services: (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services; or (b) in any way prohibited by the terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Services to another party. For additional restrictions on the use of our Services, see our Acceptable Use Policy and Visitors Agreement, which are available on our website, and the detailed plan or other information on Services that we provide or refer you to during the application or sales process.
Your Device, Number, & Email Address; Caller ID We don’t manufacture any Device that we might sell to you or that is associated with our Services, and we aren’t responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device’s software, memory, and storage), and device performance may impact access to all of our Services. This Device is sold exclusively for use with our Service and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them.
Porting/Transferring Phone NumberWe don't guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.
Coverage; Where Your Device Will Work; Service Speeds Our coverage maps are available at Virgin Mobile authorized retail locations or assurancewireless.com. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you’ve chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage isn’t available everywhere. Coverage and Service speeds are not guaranteed. Coverage is subject to change without notice. Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that—along with other factors both within and beyond our control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.)—may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.
About Data Services & ContentOur data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound, and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Assurance Wireless may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you, and you may not receive a refund for any unused portion of the Data Content.
Specific Terms & Restrictions On Using Data ServicesIn addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, mobile broadband card plans, wireless router plans, etc.).
Software License If Assurance Wireless provides you software as part of the Service and there are not software license terms provided with the software (by Assurance Wireless or by a third party), then Assurance Wireless grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You may not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Assurance Wireless may revoke this license at any time.
Fees, Activation, & Miscellaneous ChargesBased on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
Usage ChargesThe types of charges that you incur will vary depending on the Service used and your service plan. You are responsible for the Services on your account and associated charges, including charges made by a person you permit to have direct or indirect access to your device even if you did not authorize its use. Charges may include, but are not limited to, prepayment for service charges; charges for additional services; and taxes, surcharges, and fees associated with your Services. For the actual usage charges applicable to your Service, see the detailed plan or other information we provide or refer you to during the application or sales process or on our website. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Device, you authorize end users to access, download, and use Services. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. Rates that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your device or your device’s area code (if applicable). Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card, or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding, unpaid charges and fees from any subsequent amounts you add to your account balance.
Types Of ChargesWe typically assess the following types of charges: (1) “pay-per-use charges,” which are charges assessed each time a Service is used; (2) “subscription charges,” which are charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time. Subscription charges for Services end at 11:59 p.m., in the time zone in which your phone number is based, on the last day of your subscription period. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) “download charges,” which are charges assessed when you download or access content, which we collect on behalf of ourselves or third-party content providers.
How We Calculate Your ChargesRegular Voice Calls: We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You won’t be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. You’re charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Call time data displayed on your device may be inaccurate and may not be relied upon for determining charges to your account. Calls are limited to two hours. The call will automatically terminate after two hours.
Data Usage: Depending on your Service, you may be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equals 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device’s Internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested file or Data Content (game, ringer, etc.); Web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage.
Taxes & Government FeesYou agree to pay all federal, state, and local taxes, fees, and other assessments that we’re required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without advance notice. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
SurchargesWhen imposed, unless prohibited by applicable law or agreement, you agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; various regulatory charges; Assurance Wireless administrative charges; gross receipts charges and certain other taxes imposed upon Assurance Wireless; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided and may vary depending upon the location of the transaction or the primary account address of the payment method or Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.
Disputing ChargesAny dispute to a charge that we assess you must be made in writing within 60 days of the date we deduct the charge from your account balance. You accept all charges not properly disputed within the above time period.
About Account BalancesTo keep your account active and avoid service interruption, you must either maintain a positive account balance at all times or pay any applicable subscription charges (depending on your service plan). Account balances are not transferable, redeemable for cash, or refundable. Charges are deducted from either your account balance or you may be able to pay for certain services with a credit card, debit card, or PayPal account (a “registered payment method”).There may be limits on your account administration, for example account balance, number change, and device changes. See the detailed plan or other information we provide or refer you to during the sales transaction (also available at www.virginmobileusa.com) for the account status rules that apply to your Service.
No Refunds of Top-Up and Monthly Charges: We are not responsible for, nor do we refund, lost, stolen, misused, or damaged Top-Up cards. We do not accept returns of or provide refunds for Top-Up cards. Top-Up cards must be applied to your account within the time specified on the card. All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone or device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.
Establishing or Replenishing Account BalancesInformation on how you can establish and maintain an account balance will be provided at activation and is also available at assurancewireless.com or through Assurance Wireless Customer Care. The replenishment methods available to you will depend on the terms of your Services. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period; the amount that may be debited or charged from an account; or other limitations imposed by us or the financial institution that holds the account.
Protecting Our Networks & ServicesWe can take any action to: (1) protect our networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our networks and Services. Some of these actions may interrupt or prevent legitimate communications and usage—for example, message filtering/blocking software to prevent spam or viruses; limiting throughput; limiting access to certain websites, applications or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line or use as a monitoring service); etc. For additional information on what we do to protect our customers, networks, Services and equipment, see our Acceptable Use Policy and Visitors Agreement at our website.
This policy may change from time to time, so review it with regularity and care.
Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments).
Authentication And Contact: You (the account holder) may password protect your account information by establishing a personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that Virgin Mobile may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.
CPNI:As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill (“CPNI”). Under federal law, you have the right, and we have a duty, to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us.
Information On Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Assurance Wireless is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example, when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase data on your Device but you must remove all data from your Device before you provide it to us.
911 Or Other Emergency CallsPublic safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, depending on a number of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”)—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
If Your Device Is Lost Or StolenCall us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. If you do not either activate a new device or notify us that you have found your device within 60 days of the suspension of your account, your account will be deactivated, we may assess a charge equal to the balance in your account (which is not refundable), and, if applicable, you will lose your phone number.
Disclaimer Of WarrantiesUNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You Agree That We Are Not Responsible For Certain Problems
You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Assurance Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to backup your information stored on each.
You Agree That Our Liability Is Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
You agree to indemnify, defend, and hold Assurance Wireless and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see “Location-Enabled Services” section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to Assurance Wireless, 10 Independent Blvd., Warren, NJ 07059 or email to email@example.com. We will provide you notice by correspondence to your last known address in our records, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the area code assigned to your Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it. We can assign the Agreement without notice. You cannot in any manner resell Devices or Services to another party. You cannot export any Device. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements—you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement that—by their nature—would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.
|DISPUTE RESOLUTION AND ARBITRATION|
We Each Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem, relevant documents and supporting information, and the proposed resolution. We agree to contact each other as described in the “Providing Notice To Each Other Under The Agreement” section.
Unresolved questions or complaints regarding Lifeline service may be directed to the state offices or agencies listed in the Important Service/Product Specific Terms.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there’s no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
(2) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, relevant documents and supporting information, and the proposed resolution. Notice to you will be sent as described in the “Providing Notice To Each Other Under The Agreement” section and notice to us will be sent to: General Counsel; Arbitration Office; 12502 Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we each cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
(5) The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its website at www.jamsadr.com.. To the extent that this “Dispute Resolution and Arbitration” section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.
(6) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and Assurance Wireless (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf