Important Service/Product Specific Terms
Effective January 1, 2016
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") and in certain instances by state Lifeline programs, including
the California Lifeline Program. 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 (customers prior to 6/17/14). 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 minutes and 250 texts
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/transaction
to their accounts and up and until the customers total account balance exceeds $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.
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 350 voice minutes and unlimited
text 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/transaction to their accounts and up and until the customers total account
balance exceeds $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.
Using Assurance Wireless Services after Termination of Lifeline Service.
You can continue to use Assurance Wireless service after termination of
Assurance Wireless Lifeline service if you have a sufficient balance in your account.
You will be charged at the rate listed below for each service you access, including
10¢ for each minute or text (sent or received) you use. If you added $10-$19.99
to your account, your account will remain active for 45 days. If you added $20 or
more to your account, the account will remain active for 90 days. If you do not
add funds at the end of the active period, your account will expire within 60 days
and we will deactivate your service. Transition Period
after Termination of Lifeline Service for FL & TX customers.
For 365 days after termination of Assurance Wireless Lifeline service,
if you have a sufficient balance in your account, charged at the rate listed below
for each service you access, including, 10¢ for each additional minute or text (sent
or received) you use. After the end of this 365 day-period, if you have not transitioned
to Virgin Mobile, your account will expire and we will deactivate your service.
Expired Accounts: 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.
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 7 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:
California: CPUC Consumer Affairs Branch, California Public Utilities Commission,
505 Van Ness Avenue, San Francisco, CA 94102; telephone: 1-800-649-7570, online at:
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, email@example.com, or P.O. Box 2148,
Salem, OR 97308. Washington:
Washington State Office of Attorney General, Consumer Protection Division
California Safety Discloures: Unlike a traditional wireline
phone, a wireless handset may be removed from the home. Also, wireless service may experience
interruptions due to weather conditions, terrain or gaps in service coverage. For additional
information regarding wireless service coverage, see Assurance Wireless General Terms and
Conditions of Service under the heading Coverage; Where Your Device Will Work; Service Speeds.
Assurance Wireless Rates
Assurance Wireless Rates (California customer: see "California Rates") customers prior to 6/17/14)
250 Free Talk & Text Offer : Includes 250 free voice minutes and 250 text messages each month.
$5 Talk & Text Offer: Includes 500 total voice minutes and 500 total text
messages each month (250 FREE minutes & 250 FREE
texts plus 250 minutes & 250 texts) $20 Talk & Text: Includes 1000
total voice minutes and 1000 total text messages each month (250 FREE minutes &
250 free texts plus 750 minutes & 750 texts).
$30 Unlimited Talk, Text, & Web:
unlimited voice minutes, text 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. Assurance Wireless Regular
Non-Lifeline Rate: 10c/voice min. &
10c/message (sent or received). Rate subject to change.
Domestic Messaging Packs (Compatible Plans): $1.99 for
50 messages; $4.99 for 200 messages; $9.99 for 1,000 messages;
$19.99 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): $2.00 for 100MB; $5.00 for 500MB; $10.00 for 1GB. (Data Packs expire after 30 days.)
Assurance Wireless Regular Non-Lifeline Rate: 10c/voice
min. & 10c/message (sent or received). Rate subject to change.
Effective 8/20/15 for New Customers
Free Talk & Unlimited Text: :
Includes 350 free voice minutes and unlimited text messages per month.
$5 Talk & Unlimited Text : Includes
600 total voice minutes (350 FREE minutes & 250 additional
minutes) and unlimited texts each month. $30 Unlimited Talk, Text, &
unlimited voice minutes, messages and web access (excludes downloadable
content). Add’l voice: 10¢ /min.
California Rates (only available to California FREEdom® Plan customers)
Unlimited Plan: Free Unlimited voice minutes and free Unlimited text messages.
International text, picture messaging and voicemail messages are not included in the monthly allocation of messages.
Other Messaging Rates (Compatible Plans): Picture msg: 25¢ /msg sent or received;
Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received).
Data: $1.50/MB. Unused data expires 24 hours after purchase. Data Pack (compatible plan):
$2.00 for 100MB; $5.00 for 500MB; $10.00 for 1GB. (Data Packs expire after 30 days.)Assurance
Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service):
10c/voice min. & 10c/message (sent or received). Non-LifeLine rates subject to change.
Assurance Wireless customers as of the Effective Date of these Terms will be notified of the
availability of the California Freedom plan and will be migrated 30 days after the notification to
the California Freedom plan unless the customer elects to remain on the non-California
Assurance Wireless rate plan by contacting Customer Care, in which case the customer will
remain on the non-California Assurance Wireless rate plan unless and until the customer selects
the California Freedom plan.
INTERNATIONAL OFFER TERMS:
New customers in California only
Offer available only for California FREEdom® customers. Recurring offer(s) take effect after purchase and when new monthly plan cycle begins, & remain on accounts until removed. Accounts must have sufficient funds for offer by the monthly payment date or the service will be interrupted.
$5 International & Text Offer: Recurring monthly offer that includes unlimited Worldwide international text and unlimited calling to landlines in Mexico and unlimited calling to landlines and mobile in Canada (excludes Northern Territories, area code 867). Unlimited International Text is from Domestic to International Text Only.
$10 International & Text Offer: Recurring monthly offer that includes same features as $5 International offer, plus 1,000 minutes to Mexico Mobile or landlines in the Dominican Republic (or combination thereof) each month. After 1,000 monthly minute allotment depleted, additional talk minutes to Mexico Mobile charged at regular per minute rate and additional Dominican Republic landline minutes charged at regular per minute rate. Unlimited calls to over 70 countries Landline only. Also includes reduced mobile/landlines rates to more than 200 destinations including Dominican Republic mobiles. Unlimited International Text is from Domestic to International Text Only.
Other Terms: Calls made to destinations not included in offers will be subject to additional charges. AVAILABLE COUNTRIES AND/OR SELECT INTERNATIONAL CITIES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Visit www.virginmobileusa.com/cell-phone-plans/international-offers/#assurancewireless regularly for changes including, but not limited to, included countries, select international cities & fees.
ANDROIDTM Smartphone offer terms, availability, and price plan:
ANDROIDTM Smartphone devices:
Based on limited quantity and availability in select markets, some customers may get a choice of phone when applying to Assurance Wireless. Phone selection is limited based on inventory available. Phones that are provided may not be new, and could be pre-owned or refurbished devices. ANDROIDTM Smartphones provided for free as part of the Lifeline program may not be exchanged for a new or different device. Phones are subject to limited availability and are not guaranteed delivery, even after selecting the ANDROIDTM Smartphone when applying.
Smartphones provided by Assurance Wireless as part of this offer, which become damaged or broken still have their limited device warranty. If the phone is covered by the warranty it will be replaced with a Smartphone. Lost or stolen phones will be replaced free of charge once a year. Replacement models cannot be guaranteed.
California FREEdom® Plan for ANDROIDTM Smartphones: Free Unlimited voice minutes and free Unlimited text messages and 250MB of data. International text, picture messaging and voicemail messages are not included in the monthly allocation of messages.
Other Messaging Rates (Compatible Plans): Picture msg: 25¢ /msg sent or received; Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received).
Data Pack (compatible plan): $2.00 for 100MB*; $5.00 for 500MB*; $10.00 for 1GB*. (* Asterisked Data Packs expire after 30 days.)
Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10c/voice min. & 10c/message (sent or received). Non-LifeLine rates subject to change. Assurance Wireless customers as of the Effective Date of these Terms will be notified of the availability of the California Freedom plan and will be migrated 30 days after the notification to the California Freedom plan unless the customer elects to remain on the non-California Assurance Wireless rate plan by contacting Customer Care, in which case the customer will remain on the non-California Assurance Wireless rate plan unless and until the customer selects the California Freedom plan.
California LifeLine customers refer to California Schedule of Rates for additional information.
* Trademarks: Virgin Mobile is a registered trademark of Sprint Communications. Android, Google, the Google logo and Google Play are trademarks of Google Inc.
General Terms and Conditions of Service
Please note that these terms may not be the most current version. A current
version of the terms is available at assurancewireless.com or upon request. California LifeLine
customers refer to California Product Guide for additional information. For further
information on Assurance Wireless plans, products, and services go to assurancewireless.com,
email firstname.lastname@example.org, or
call Assurance Wireless Customer Care at
Assurance 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 Agreement
These 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 AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A
CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, 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 receive and 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, including
on-line and telephone transactions (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); (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 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.
California LifeLine customers refer to California Product Guide for additional information.
Services 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 Agreement
You 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.
To activate the Service, you must program your Assurance Wireless Device
using your account PIN. 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.
California LifeLine customers refer to California Product Guide for additional information.
Assurance 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 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.
Eligibility 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
elibigility 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
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.
If You Lose Your Eligibility For A Particular Rate Plan Or If A Particular
Rate Plan Is No Longer Supported Or Available, We May Change Your Rate Plan To One
For Which You Qualify. 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.
California LifeLine customers refer to California Product Guide for additional information.
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
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 Numbers
We 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.
California LifeLine customers refer to California Product Guide for additional information.
About Data Services & Content
Our 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 Services
In 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.).
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.
Activation, & Miscellaneous Charges
Based 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.
The 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 Charges
We 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 Charges
Regular 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
Taxes & Government Fees
You 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.
California LifeLine customers refer to California Product Guide for additional information.
When imposed, unless prohibited by applicable law or agreement, you agree to pay
all Assurance Wireless surcharges ("Surcharges"), which may include, but are not
limited to: Federal Universal Service; Regulatory and administrative charges; gross
receipts charges, and other charges. Surcharges are not
taxes, and we are not required by law to assess them. They are part of our rates
we choose, at our discretion, to collect from you, to recover sertain costs, and
are kept by us. 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 amount 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, because 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.
California LifeLine customers refer to California Product Guide for additional information.
Any 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 Balances
To 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 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 Balances
Information 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 & Services
We 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.
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 you make to us or we make
to you (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.
Third-Party Applications: If you use a third-party application,
the application may access, collect, use, or disclose your personal information
or require Assurance Wireless to disclose your information—including location
information (when applicable)—to the application provider or some other third
party. If you access, use, or authorize third-party applications through the Services,
you agree and authorize Assurance Wireless to provide information related to your
use of the Services or the application(s). You understand that your use of third-party
applications is subject to the third party’s terms and conditions and policies,
with the third party’s policies before using its application on your device.
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.
Our networks generally know the location of your Device when it is outdoors and/or
turned on. By using various technologies to locate your Device, we can provide enhanced
emergency 911 services and optional location-enabled services provided by us or
a third party. Network coverage or environmental factors (such as structures, buildings,
weather, geography, landscape, and topography) can significantly impact the ability
to access your Device’s location information and use of location-enabled services.
You agree that any authorized user may access, use, or authorize Assurance Wireless
or third-party location-enabled applications through the Services. You understand
that your use of such location-enabled applications is subject to the application's
location-enabled services for devices used by other authorized users, you agree
and that the Device may be located.
911 Or Other Emergency Calls
Public 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 Stolen
Call us immediately if your Device is lost or stolen so we can freeze your account.
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 from the date we froze 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 Warranties
UNLESS 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. ASSURANCE WIRELESS PROVIDES ALL SOFTWARE AND APPLICATIONS
ON AN "AS IS" BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.
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,
delay, interruption or other failure to perform 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.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction
through calls to our customer care, you and Assurance Wireless each agree to try
to resolve those disputes in good faith after you provide written notice of the
dispute as set forth below. If the dispute is not resolved, you and Assurance Wireless
agree that the dispute will be resolved through individual binding arbitration or
small claims court, instead of courts of general jurisdiction.
Unresolved questions or complaints regarding Lifeline service may be directed
to the state offices or agencies listed in the Important Service/Product Specific
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Assurance Wireless agree to arbitrate all Disputes
(as defined below) on an individual, non-representative, basis. You agree that,
by entering into this Agreement, you and Assurance Wireless are waiving the right
to a trial by jury or to participate in a class action or representative action.
This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral
third-party arbitrator in a more informal process than in court. In arbitration,
there is limited discovery and the arbitrator’s decision is subject to limited review
by courts. However, just as a court would, the arbitrator must honor the terms of
the Agreement and can award damages and relief, including any attorneys’ fees authorized
"Disputes" shall include, but are not limited to, 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 the claim arises after Services have terminated.
Disputes also include, but are not limited to, claims that: (a) you or an authorized
or unauthorized user of the Services or Devices 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 Assurance Wireless
brings against you. Disputes also include, but are not limited to, (i) claims in
any way related to or arising out of any aspect of the relationship between you
and Assurance Wireless, whether based in contract, tort, statute, fraud, misrepresentation,
advertising claims or any other legal theory; (ii) claims that arose before this
Agreement or out of a prior Agreement with Assurance Wireless; (iii) claims that
are subject to on-going litigation where you are not a party or class member; and/or
(iv) claims that arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Assurance Wireless
each agree to first provide to the other a written notice ("Notice of Dispute"),
which shall contain: (a) a written description of the problem and relevant documents
and supporting information; and (b) a statement of the specific relief sought. A
Notice of Dispute to Assurance Wireless should be sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia
20191. Assurance Wireless will provide a Notice of Dispute to you in accordance
with the "Providing Notice To Each Other Under The Agreement" section of this Agreement.
Assurance Wireless will assign a representative to work with you and try to resolve
your Dispute to your satisfaction. You and Virgin Mobile agree to make attempts
to resolve the Dispute prior to commencing an arbitration or small claims action.
If an agreement cannot be reached within forty-five (45) days of receipt of the
Notice of Dispute, you or Assurance Wireless may commence an arbitration proceeding
or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Assurance Wireless 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. The arbitration will be governed by either:
(a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration
Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate,
including the rules about the filing, administration, discovery and arbitrator fees.
The JAMS rules are available on its website at jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision in arbitration rules chosen, by
agreement, to govern the arbitration, we each agree that all issues regarding the
Dispute are delegated to the arbitrator to decide, except that only a court (and
not the arbitrator) shall decide any disagreements regarding the scope and enforceability
of this agreement to arbitrate.
(2) The Federal Arbitration Act ("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. To the extent that this agreement
to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to
Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"),
the Minimum Standards in that regard will apply. However, nothing in this paragraph
will require or allow you or Assurance Wireless to arbitrate on a class-wide, representative
or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. YOU AND ASSURANCE WIRELESS AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND
NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Assurance Wireless expressly agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise preside
over any form of a representative or class proceeding. If any portion of this provision
is found to be unenforceable, then the entirety of this arbitration provision shall
be null and void.
(4) We each are responsible for our respective costs, including our respective
counsel, experts, and witnesses. Assurance Wireless will pay for any filing or case
management fees associated with the arbitration and the professional fees for the
(5) An arbitrator’s award will be a written statement of the disposition of each
claim and will also provide a concise written statement of the essential findings
and conclusions which form the basis of the award. The arbitrator’s decision and
award is final and binding, with some limited court review under the FAA, and judgment
on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims
court in the county of your most recent billing address. In addition, this arbitration
agreement does not prevent you from bringing your Dispute to the attention of any
federal, state, or local government agency. Such agencies can, if the law allows,
seek relief against Assurance Wireless on your behalf.
No Trial By Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION,
REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING,
WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL
OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY
AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING
A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY 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, Attn: VMU/ASW NSSG SBU 1084 S. Laurel
Rd., London, KY 40744 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.
AutoPay Terms and Conditions
The following terms and conditions apply if you are enrolled in AutoPay or Auto Top-Up or Auto Re-Boost ("AutoPay"). These terms and conditions govern three individual types of AutoPay:
(i) Monthly, and (ii) Low Balance, and (iii) 45/90/Balance Expiration Date. Only one AutoPay type will apply to you based on the AutoPay type you selected when enrolling in AutoPay.
You, the Customer, authorize Assurance Wireless to on a recurring basis, automatically charge the debit or credit card or PayPal account you specified for payments due on the Assurance Wireless account number you specified at the time of the AutoPay enrollment. These recurring charges and all other charges to your account are nonrefundable.
Assurance Wireless may discontinue processing of recurring charges if Assurance Wireless is unable to secure funds from the credit/debit card or PayPal account for the payments you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information you provided. If a payment is returned for any reason, you will not be able to use a credit/debit card or PayPal until your account is in good standing. Assurance Wireless may, if applicable, undertake collection action, including application of returned fees to the extent permitted by law. All such fees may be collected electronically. TO 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.
Assurance Wireless will send a text message notification to your Assurance Wireless handset or an email, if an email is available, 10 days prior to any recurring charges. Assurance Wireless will also send a notification 10 days prior to any recurring charges that varies in amount from the previous recurring charge or from the amount you selected and authorized at the time of the AutoPay enrollment; however, by enrolling in the Auto Pay, you elect to receive such notice only when a transfer differs from the previous transfer by more than $10.00.
You also understand that this authorization to pay the Assurance Wireless account number you specified at the time of the AutoPay enrollment by recurring charges or debits is entirely optional and is not required to obtain or maintain my account with Assurance Wireless.
You are responsible for providing Assurance Wireless with accurate payment account information if such information changes in the future. You understand that you may call *86 or access your Assurance Wireless account online at www.assurancewireless.com three days prior to your recurring charge scheduled date to update or discontinue AutoPay. Assurance Wireless will not initiate further transfers or charges after you have cancelled AutoPay and Assurance Wireless has had a reasonable period of time to process your request.
If you are enrolled in the Monthly AutoPay option, the following applies to you:
You will be automatically charged for any monthly recurring charges, bold-ons, and add-ons, plus any applicable sales and local taxes, every month on your payment due date. Charges may vary each month based on your service subscription selection. You may check your payment due date at any time by accessing your account via our website.
If you are enrolled in the Low Balance AutoPay option, the following applies to you:
You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the AutoPay enrollment, plus any applicable sales and local taxes, every time your account balance reaches $5.00 or less. You understand that this AutoPay option may result in multiple charges to your debit or credit card or PayPal account per month. You may check your account balance at any time by accessing your account via our website. Minute Pack Auto Roll Forward: If you currently subscribe or make future purchases of Minute Packs and select the Auto Roll Forward option, you will be automatically charged for the Minute Pack recurring charge(s), plus any applicable sales and local taxes, one calendar month after your last Minute Pack purchase. Recurring charges will continue until you affirmatively select discontinue the Auto Roll Forward option.
If you are enrolled in the 45/90/Balance Expiration Date AutoPay option, the following applies to you:
You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the AutoPay enrollment, plus any applicable sales and local taxes, on your balance expiration date. You understand that this AutoPay option may result in multiple charges to your debit or credit card or PayPal account per year. You may check your balance expiration date anytime by accessing your account via our website. Here is how your balance expiration date works: If you make a single payment for $5.00 or less, you balance expiration date will remain the same; $10.00-$19.99 within 45 days; $20.00-$79.99 within 90 days; $80.00 or more within 365 days. (For Example: if you make a single payment of $20.00, your new balance expiration date will be 90 days from the day of your payment.) If your current balance expiration date is greater than the new calculated one, your balance expiration date will not be changed. Minute Pack Auto Roll Forward: If you currently subscribe or make future purchases of Minute Packs and select the Auto Roll Forward option, you will be automatically charged for the Minute Pack recurring charge(s), plus any applicable sales and local taxes, one calendar month after your last Minute Pack purchase. Recurring charges will continue until you affirmatively select discontinue the Auto Roll Forward option.