Terms and Conditions

Effective November 20, 2018

The general terms and conditions that are part of having an account with Assurance Wireless.

Important Service/Product Specific Terms

Effective November 20, 2018

Messaging: For Assurance Wireless regular non-Lifeline service, message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Premium and international messages may result in additional charges for both Lifeline and non-Lifeline service.

Location Based Services (LBS): LBS requires account holder authorization for Assurance to share location and other information with third parties. The account holder must notify users that location can be identified while using LBS. Environment may limit LBS.

Resale and Domestic service: Our rate plans, customer devices, services and features are not for resale and are intended for reasonable use within the 50 United States, U.S. Virgin Islands and Puerto Rico.

Third Party Products and Services: Customers can purchase 3rd-party content on a one time or monthly basis from Assurance and other entities. Subscribers are responsible for all content, including content purchased by others on the account. Purchases can be blocked at no additional cost by calling Customer Care. Payments for purchased mobile content are deducted from the acct. balance & charges display in the online acct.

Account Funds, Payment and Cancellation: Funds must be added to create an account balance for purchases made that are not included in your plan offer (e.g. third-party content & extra minutes, texts or data). Funds can be added using one of Virgin Mobile’s Payment methods. Max. $200/transaction & account balance cannot exceed $400. Adding funds through Virgin Mobile customer service may result in processing fees. You can check your balance or account history (for up to 60 days) online at assurancewireless.com.

Payments & Chargebacks: Your payment date, if applicable, is the date you subscribed to a paid plan. Charges are not refunded if cancelled or prorated if changes are made before the next payment due date. Unused services expire every month and do not carry forward. We will deduct payment from your account and then apply the charge to any payment method on file. We may suspend your account if a charge we consider authorized is disputed and the account cancelled if it is not resolved in 30 days and remaining funds in the account will be lost. Multiple charge backs will result in payment via Top-Up only or your service will be cancelled. Funds are lost when service is cancelled and your phone number will be lost. Reactivation fees may apply to resume service after cancellation.

Account Activity Requirement: You must make or answer a voice call, send a text message, use data or purchase minutes at least once during any 30-day period. If you do not, Assurance Wireless will send you a notice of inactivity. To keep your service, you must make or answer a voice call, send a text or use data at least once within 15 days after the notification or contact us to confirm that you would like to continue receiving Lifeline service. Use of Wi-Fi to go online does not count as activity. If you don’t do any of these things, your Lifeline service will be cancelled.

Maintaining Eligibility and Service: You will receive Lifeline service from Assurance Wireless if you meet and continually verify the Lifeline eligibility requirements. If Assurance Wireless believes you are not eligible for Assurance Wireless Lifeline service, Assurance Wireless will notify you that your Assurance Wireless Lifeline service will be cancelled. You will have 30 days to respond to the termination notice and 60 days to respond to the annual certification request for Lifeline eligibility. If you don’t confirm or we independently confirm you are ineligible, service will be cancelled, you will lose any free remaining services and will no longer receive the free service.

Using Assurance Wireless Services after Termination of Lifeline Service: You can continue to use Assurance Wireless service after cancellation of Assurance Wireless Lifeline service if you have a sufficient account balance. You will be charged at the rates listed below. Your account will remain active for 45 days if you add funds between $10-$19.99 or 90 days for $20 or more to your account (Active Period). Your account will be cancelled if you don’t add funds during the Active Period. Transition Period after Cancellation of Lifeline Service for FL & TX customers: With eligible plans, you: can continue to use Assurance Wireless service for 365 days after termination of Assurance Wireless Lifeline service, if you have a sufficient balance in your account, charged at the rates listed below. After the end of this 365 day-period, if you have not transitioned to Virgin Mobile, your account will be cancelled. Some plans may require top up after 60 days or service will be cancelled.

Permitted and Non-Permissible Uses: You may use our network for: live voice calls for personal use, messaging and data (web, email, file transfer, apps, social media, gaming, streaming content). You are not permitted to use your device or services, including unlimited, in a way that: (1) is fraudulent, unlawful, infringes on intellectual property rights, harms or unduly interferes with the use of our network or systems or other parties’ resources; (2) uses services for commercial use (monitoring, telemarketing, autodialed calls, unauthorized marketing, connections consisting of uninterrupted live dialogue between people; (3) with devices that are incompatible with our network (that will be blocked); and (4) is contrary to our customers’ or network interests. 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.

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 Virgin Mobile’s Prohibited Network Uses and Assurance Wireless General Terms and Conditions.

Phone Information and Return Policy: Assurance Wireless phones are provided free of charge or can be purchased at a low cost. Phone models are either new or refurbished based on availability or available plans. Devices may vary depending on inventory. 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.

Devices purchased directly from AssuranceWireless can be returned within 7 days of purchase by calling Customer Care.Customer must return the complete, undamaged device in its original packagingand all of its components along with the original receipt. Devices purchasedfrom other sources (e.g., Assurance Wireless Sales Agents) orauthorized retail locations are subject to their respective return policies

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: http://www.cpuc.ca.gov/cab/. 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, puc.consumer@state.or.us, 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 (All States except California, Oregon, Texas and Wisconsin)

Plans effective for California 11/20/2018, Plans effective for Oregon 11/20/2018, Plans effective for Texas 11/20/2018, Plans effective for Wisconsin 11/20/2018 [California customers: see "California Rates;" Oregon customers: see “Oregon Rates”, Texas customers: see “Texas Rates”, Wisconsin customers: see “Wisconsin Rates.”]:

Free Talk, Text & Data: 350 voice minutes, unlimited text messages and 2GB of data effective 11/20/2018. Only available to customers with smartphones (not feature phones).

Free Talk & Unlimited Text: Includes 1000 Free Voice Minutes and Unlimited Text Messages per month.

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢ /min.; 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: 10¢/voice min.& 10¢/message (sent or received). Rate subject to change. 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).


CALIFORNIA RATES

Plans effective 11/20/2018

California FREEdom® Plan with Data: Free Unlimited Voice Minutes, Free Unlimited Text Messages and 3GB Free Data.

California FREEdom® Plan without Data: Free Unlimited Voice Minutes, Free Unlimited Text Messages.

Additional Services: International text, picture messaging and voicemail messages are not included in the monthly allocation of messages.

Other Messaging Rates (Compatible Plans): Int’l: 20¢ /msg sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received).

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min & 10¢/message (sent or received). Picture msg: 25¢ /msg sent or received. Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received). Non-LifeLine rates subject to change.

International Offer Terms: 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:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)

1excludes Northern Territories, area code 867


$10 International & Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited calls to landlines in over 70 countries. (See list of countries*)
  • A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit: https://www4.virginmobileusa.com/#!/cell-phone-plans/international-offers/


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.
California LifeLine customers refer to California Schedule of Rates for additional information.

AndroidTM Smartphone offer terms and device availability: New Lifeline customers may be offered an AndroidTM Smartphone, dependent upon the specific sales channel. Phones that are provided may be new, pre-owned or refurbished devices.

California Safety Disclosures: 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.

* Trademarks: Virgin Mobile is registered trademark of Sprint Communications. Android, Google, the Google logo and Google Play are trademarks of Google Inc.

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.


OREGON RATES

Plans effective 11/20/2018.

Free Talk, Text & Data: 750 FREE Voice Minutes, Unlimited FREE Texts and 2GB FREE Data each month

Free Talk & Unlimited Text: Includes 1,250 Free Voice Minutes and Unlimited Text Messages per month

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; 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: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. 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).


TEXAS RATES

Plans effective 11/20/2018.

Free Talk, Text & Data: Unlimited FREE Voice Minutes, Unlimited FREE Texts and 2GB FREE Data each month

Free Talk & Unlimited Text: Includes Unlimited Free Voice Minutes and Unlimited Text Messages per month

Additional Services: 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 (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.

International Offer Terms: Offer available only for Texas 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:

• Unlimited Calls to Mexico landlines/mobile phones
• Unlimited Calls to Canada landlines/mobile phones1
• Unlimited International Text (over 200 international destinations)

1excludes Northern Territories, area code 867

$10 International & Text Offer:
• Unlimited Calls to Mexico landlines/mobile phones
• Unlimited Calls to Canada landlines/mobile phones1
• Unlimited International Text (over 200 international destinations)
• Unlimited calls to landlines in over 70 countries (See list of countries*)
• A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit https://www4.virginmobileusa.com/#!/cell-phone-plans/international-offers/


WISCONSIN RATES

Plans effective 11/20/2018.

Free Talk, Text & Data: 500 FREE Voice Minutes, Unlimited FREE Texts and 2GB FREE Data each month

Free Talk & Unlimited Text: Includes 1050 free Voice Minutes and Unlimited Text Messages per month (Plan effective upon state approval)

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; 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: 10¢/voice min. &10¢/message (sent or received). Rate subject to change. 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).

Assurance Wireless Bundled Plans (All States except California and Texas)

For Feature Phone Customers

$30 Unlimited Talk, Text & Web: Unlimited voice minutes, text messages and web access(excludes downloadable content). If 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 Free Talk & Unlimited Text. Only available to customers with feature phones (not smartphones).

For Smartphone Customers

$15 Plan – Includes Unlimited Voice Minutes, Unlimited Texts and an additional 500MB Data each month (for a total of 2.5GB Data each month).

$20 Plan - Includes Unlimited Voice Minutes, Unlimited Texts and an additional 1GB Data each month (for a total of 3GB Data each month).

$30 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 4GB Data each month (for a total of 6GB Data each month).

$40 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 10GB Data each month (for a total of 12GB Data each month).

If you miss a payment, you will continue to receive free minutes, texts and/or data each month depending on your base plan for as long as you are eligible for Lifeline service.

Purchase plans are tied to the date you receive new minutes and texts each month. You will lose any unused minutes on this date. Keep this in mind if you decide to buy a plan close to the end of your month.

Additional Services: Add’l 250 voice: $5; Add'l voice: 10¢ /min.; 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: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. 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).

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General Terms and Conditions

Effective March 19, 2018

Thanks for choosing Assurance Wireless! Please read our Terms & Conditions (“Ts&Cs”), which describe your relationship with Assurance Wireless, including our agreement to arbitration of disputes, instead of using class actions or jury trials.

Our Service. Assurance Wireless is brought to you by Virgin Mobile and offers service to customers eligible for the Lifeline Assistance program supported by the federal Universal Service Fund program (“Lifeline Assistance” or “Lifeline”). Virgin Mobile USA, L.P. provides the Assurance Wireless mobile telecommunications services exclusively with Assurance Wireless branded phones as well as select Virgin Mobile branded phones purchased from Virgin Mobile or an authorized retailer.

Who Are We Talking About? When we say “we,” “us,” “our,” or “Assurance,” we mean Virgin Mobile USA, L.P. When we say “you,” “your,” “customer,” and “user,” we mean an Assurance Wireless account holder or someone who uses our Devices or Services. “Device,” means any phone, tablet, mobile broadband device, or any other product or accessory we provide, sell, or that is active on your account with us. “Service(s)” mean Assurance Wireless-branded offers, rate plans, options, wireless services, applications, programs, products, software, or Devices on your account with us, as well as any other product or service that we offer or provide to you that references these General Terms and Conditions of Service (“Ts&Cs”).

What does Your Service Agreement With Assurance Wireless Look Like? These Ts&Cs are part of your service agreement with us (the “Agreement”) and are the contract under which we provide you Services. 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, the Agreement includes: (i) the Assurance Wireless application; (ii) the subscriber agreement and transaction materials that you receive and accept when you get your Device; (iii) the service plan(s) that you chose as described in the written services and transaction materials that we provide or refer you to during the sales transaction; (iv) any confirmation materials that we may provide to you; and (v) the terms set forth in the coverage map online. We strongly recommend that you carefully read all of the terms of the Agreement.

Anything Else In My Service Agreement? When you accept the Agreement, you are agreeing to our business policies, practices, and procedures (“Policies”), including our Acceptable Use Policy, our Privacy Policy, our Visitors Agreement, and our Network Management and the open internet practices. To read more, go here: https://www.virginmobileusa.com/legal. We may change our Policies at any time, so please check our Policies for updates. California LifeLine customers see the California LifeLine Service Product Guide ("California Product Guide") provided with the Assurance Wireless Welcome Letter.

How Do I Accept The Agreement? You must have the legal capacity to accept the Agreement. You accept the Agreement when you:

  • Agree in writing or by electronic signature or by telling us you accept by email, over the phone, online, or in person; or
  • Activate, use, or attempt to use, the Services; or
  • Pay for the Services; or
  • Open any package or start any program that says you are accepting the Agreement by doing so.

If you don’t want to accept the Agreement, don’t do any of these things.

How Will Assurance Wireless Talk To You About The Agreement? How Will You Get In Touch With Us? Except as the Agreement specifically provides otherwise, you can get in touch with us by calling or writing us as instructed online at www.Assurancewireless.com/contactus. We will get in touch with you through one or more of the following: correspondence to your last known address, 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, by SMS or text message on your Device.

How Do I Activate My Service?

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.

Where Is Assurance Wireless Available?

Assurance Wireless is only available for customers who live 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.

Who Is Eligible for Assurance Wireless?

To be eligible for Assurance Wireless service, you must meet these eligibility standards, 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 applicable household income eligibility standards. If you seek to qualify for Assurance Wireless based upon participation in a qualifying federal or state program, you may be required to provide proof of program participation such as a 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 may be required to provide specific types of written documentation showing proof of your household income. Your account will remain open 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. 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 or data service received under the Assurance Wireless service.

How Many Lifeline Accounts Can I Have?

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 a 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 its agents, as well as any relevant state Lifeline administrators, 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.

By Applying For Assurance Wireless, Am I Consenting to the Disclosure of Any 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.

What Happens If Assurance Wireless Changes The Agreement? 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. 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.

Can Assurance Wireless Suspend Or Terminate Services? We can suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (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 or adversely affects any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); (h) providing false, inaccurate, dated, or unverifiable information, including identification or eligibility information or (i) if we believe the action protects our interests, any customer’s interests, or our networks.

How Do I Change My Services And When Are Changes 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.

How Do I Terminate Services? If you are no longer eligible for Lifeline Assistance or are thinking about cancelling your Service with Assurance Wireless for any reason, please call us. If Services are terminated before the end of your usage cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services.

How Does Assurance Wireless Protect My Privacy? We care deeply about your privacy, and we want you to understand how we treat your data. As you use the Services, 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, some of which is considered CPNI under federal law. Please take a moment to review our Privacy Policy, available at Assurancewireless.com/legal/privacy.html.

  • What is 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 (“CPNI”). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI.
  • How Do I Keep My Account Secure? Your account PIN, passwords, and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You (the account holder) may be required to password protect your account information by establishing a personal identification number (“PIN”). You may also be required to set a backup security question and answer in the event you forget your account PIN. Assurance Wireless may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in Service based on a request by someone with your account credentials. 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, SMS, email, fax, recorded message, mobile, residential or business phone, or mail.
  • What Information Is On My Device? Your Device contains sensitive, personal information. Assurance Wireless is not responsible for any information on your Device, including sensitive or personal information. We recommend that you safeguard any sensitive or personal information when your Device is out of your possession or control. 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 all data on your Device, but you must remove all data from your Device before you provide it to us.

How Can I Use My Device, Number, And Email Address? We don’t manufacture any Device that you use with our Services, including the Devices we provide. That means we aren’t responsible for any defects, acts, omissions, or other problems with your Device. Check with your manufacturer to determine whether there are any warranties on your Device. Device performance may vary based on Device specifications (for example, a Device’s software, memory, and storage), and Device performance may impact access to our Services. Your Device is designed to be activated on our network and in other coverage areas that we may make available to you. 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. We do not guarantee that any port or transfer of your phone number will be successful. Your Assurance Wireless phone may have to be programmed with restrictions that prevent another carrier's SIM card from being inserted into your phone’s SIM slot for use on a different network. Assurance Wireless will unlock a capable device, provided the device is eligible per Assurance Wireless’ Unlocking Policy. For more information, please visit Assurancewireless.com/unlock.

What If I Bring My Own Device? Assurance Wireless allows you to bring a Device that you already own to be activated on our Network. When you activate an “Assurance Wireless Compatible” Device or a Device that was designed to be used on a network other than our Network, not all of your services may work, or they may not work correctly. Just as with any other device, if you bring your own Device to be activated on our Network, Assurance Wireless is not responsible for your Device, including whether your Device works correctly

What About The Apps I Download? When you download or use certain applications, programs, Devices, and services, you may be required to accept terms specific to those items. Generally, the terms will come from the app developer, software licensor, etc., which may be Assurance Wireless or someone else. Any terms for third party apps are between you and the third party. Additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing, payment, and disputing charges. When you use these items, you are agreeing that they may access, collect, use, or disclose your personal information and that Assurance Wireless may disclose your information—including location information—to a third party.

Where And How Will My Device Work? Our coverage maps are available at our authorized retail locations and on Assurancewireless.com/coverage. Your signal, and your specific network coverage will depend on the radio transmissions your Device can pick up and Services you’ve chosen. Our coverage maps show our coverage estimates using Services outdoors under optimal conditions. Coverage isn’t available everywhere, is not guaranteed, and is subject to change without notice. Service speeds are not guaranteed, and depend on the Service purchased as well as other factors, such as your Device, your location, structures, buildings, weather, geography, topography, server speeds of the websites you access, network problems, network or internet congestion, software, signal strength, actions of third parties, etc. Services that rely on location information, such as E9-1-1 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, including to call 9-1-1, until the software update is complete.

What About Roaming (Off-Net)? When we talk about “roaming,” we are talking about coverage on another carrier’s network. Your Device generally lets you know when you’re roaming. Our right to provide coverage on another carrier’s network may change from time to time, and roaming coverage may change without notice and may not always be available. Whether your Device can roam depends on your Device, your Services, and the availability of roaming coverage. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). Separate charges or limits for voice or data Services may apply while roaming.

What About Using Data Services? Our data Services and your Device may allow you to access the internet, email, text, take pictures and video, download and play games, video, music, graphics, sound, applications and other materials (“Content”) or send Content elsewhere. We have no control over the Content that you access on your Device. 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 Content accessed by you or anyone through your Device or Services. We strongly recommend that you monitor data usage by children/minors. Content from third parties may also harm your Device or its software. We are not responsible for any Content, any damage caused by any 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. For more information on Content and restrictions on Content, see your service plan details. If we provide you storage for Content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. 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. Content provided by our vendors or third parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.

Are There Things I Cannot Do With Assurance Wireless’s Data Services? You cannot violate these Terms. Our data services are designed for use with your Assurance Wireless Device for reasonable and non-continuous internet access such as web surfing and non-continuous downloading, streaming, gaming and other personal internet access services. There are limits to the amount of your data allotment with your Lifeline plan. If you need additional data, you must purchase it. 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 or automatically consume unreasonable amounts of network capacity; (2) as a substitute or backup for private lines or frame relay connections; (3) for automated machine to machine connections or purposes that are designed for unattended use, or (4) for any other unintended use as we determine in our sole discretion. You may tether your Assurance Wireless Device to other lawful devices pursuant to the allotments contained in your plan for use of your Device as a hotspot or when the Device and plan are specifically intended for that purpose (for example, 4G Hotspots, wireless routers, Data Link, etc.). You also can’t use our data services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our network or systems. Our data services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either our wireless services or other parties’ internet-based resources, including, but not limited to, “denial of service” attacks against another network host or individual user. We may limit, suspend, constrain, or terminate your Service for use that violates these Terms or for any heavy, continuous data usage or usage that adversely impacts our networks’ performance, hinders access to our networks, or that we determine is necessary to protect our networks from harm or degradation.

  • What About Our Payment Relationship? There is no payment required if you do not go over the voice or data limits of your Lifeline plan. However, if you would like to receive more voice or data, you may buy additional voice or data. Click here to obtain more information on how to add additional voice or data to your account: http://www.assurancewireless.com/Public/FAQs.aspx#faq7. .
  • Are Refunds Available? No. 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.
  • Can I Dispute Charges? 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.
  • Are There Other Fees? Certain transactions may be subject to a charge (for example, handset upgrades, etc.). We will tell you if any of these fees apply to your requested transaction.
  • Can I Authorize Other Users? Assurance Wireless service is not transferable to any other person. You are responsible for any changes to your Services made by a person you authorize, including adding or removing Services or features to your account, receiving notices and disclosures on your behalf, purchasing Devices for use with our Service, or entering into a new Term Commitment, all of which may result in additional charges, and are considered modifications to this Agreement.

How Will You Calculate My Charges?

  • Voice Calls: For charges based on the amount of time used, we round up partial minutes to the next full minute. You are billed for connected calls including calls to voice mail and your rate is based on the location of the network equipment providing service and not your device location or area code. Calls begin when you push a button or graphic to initiate the call or when the call connects to the network and they end when you hang up or end the call, or the network connection breaks. Calls may be subject to maximum duration and automatically terminated if exceeded.
  • Data: Data is measured in bytes and are rounded up to kilobytes (KB) at the end or during a data session. Data usage may be presented on your bill as kilobytes, megabytes, or gigabytes (each, a “Data Increment”). You are charged for all data directed to your Device’s internet address, including sessions that support your Device functions (including any applications you have downloaded on your Device), as well as data sessions you did not initiate. Data charges may be rounded to the next cent if you are billed by a Data Increment. Data estimates are not reliable predictors of actual data usage.

What are the Other Fees?

  • Additional Fees? Depending on your Services, your payment may cover charges for additional services.

Do I Have A Software License For The Software On My Device? Assurance Wireless grants you a non-exclusive and non-transferable license or sublicense to use software, in accordance with the applicable software licensing terms. No rights are granted to source code. You cannot use any software on behalf of third parties or for time share or service bureau activities and cannot reverse engineer, decompile, modify, or enhance any software. Assurance Wireless may block or terminate your use of any software if you fails to comply with applicable licensing terms. Assurance Wireless may revoke this license at any time.

How Do Location-Enabled Services Work? 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 9-1-1 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 any location-enabled applications is subject to the application’s terms and policies, including its privacy policy. If you activate location-enabled services for Devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located.

Is Calling 9-1-1 Or Other Emergency Numbers Different On My Device? Public safety officials advise that when making 9-1-1 or other emergency calls, you should always be prepared to provide your location information. 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.), 9-1-1 operators may not know your phone number, your location, or the location of your Device. Sometimes, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 9-1-1 service (“E9-1-1”)—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E9-1-1 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 9-1-1—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.

What If My Device Is Lost Or Stolen? Call 1-888-321-5880 right away so no one else may use your remaining account balance. You may be charged for a replacement device and shipping. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).

Is There A Warranty On My Services? 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 AND ANY SOFTWARE OR APPLICATIONS ON 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

Is Assurance Wireless Responsible For Certain Problems? You agree that neither we nor any third party involved in providing Services are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) 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.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 9-1-1, Enhanced 9-1-1 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter; (f) 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 (g) 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.

What Is Assurance Wireless’s Liability? 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

How Will We Resolve Disputes? We want you to be happy with your Assurance Wireless Services. If, for some reason, we cannot resolve your concern 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 we cannot resolve the dispute, you and Assurance Wireless agree that we will resolve the dispute through individual binding arbitration or small claims court, instead of courts of general jurisdiction.

State-Specific Information: Unresolved questions or complaints regarding Lifeline service may be directed to the state offices or agencies listed in the Important Service/Product Specific Terms.

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, a neutral third-party arbitrator resolves Disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

“Disputes” include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services or the Agreement, including wireless coverage, Devices, payment services and practices, policies, contract practices (including enforceability), and service, privacy, or advertising claims, 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 “ How Do We Talk To Each Other About The Agreement?” section of this Agreement. Assurance Wireless will provide you a designated representative to work with to try to resolve your Dispute to your satisfaction. You and Assurance Wireless 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.

How Does Arbitration Work?

  • 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 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 www.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.
  • 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.
  • 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.
  • We each are responsible for our respective costs, including 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 arbitrator’s services.
  • 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.
  • As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent 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.

What About Going To Court? 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. .

What Happens If Someone Sues Assurance Wireless Based On Something You Actually Caused? 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; 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.

Anything Else? Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the address of the 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, unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. 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 payment, 9-1-1, dispute resolution, no class action, no jury trial) survive termination of Services.

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Auto Payment and Auto Top-Up

The following terms and conditions apply if you are enrolled in Auto Pay or Auto Top-Up or Auto Re-Boost("Auto Pay"). These terms and conditions govern three individual types of Auto Pay: (i) Monthly, and (ii) Low Balance, and (iii) 45/90/Balance Expiration Date. Only one Auto Pay type will apply to you based on the Auto Pay type you selected when enrolling in Auto Pay.

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 Auto Pay enrollment.These recurring charges and all other charges to your account are non-refundable.

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 Auto Pay 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 Auto Pay 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 Auto Pay. Assurance Wireless will not initiate further transfers or charges after you have cancelled Auto Pay and Assurance Wireless has had a reasonable period of time to process your request.

If you are enrolled in the Monthly Auto Payoption, 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 yourpayment due date. Charges may vary each month based on your servicesubscription selection. You may check your payment due date at any time byaccessing your account via our website.

If you are enrolled in the Low Balance Auto Payoption, 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 Auto Pay enrollment, plus any applicable sales and local taxes, every time your account balance reaches $5.00 or less. You understand that this Auto Pay 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/BalanceExpiration Date Auto Pay 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 Auto Pay enrollment, plus any applicable sales and local taxes, on your balance expiration date. You understand that this Auto Pay 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, your 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.

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