NET10 WIRELESS TERMS AND CONDITIONS OF SERVICE
I. General Terms and Conditions for NET10 Wireless Service
II. Additional Terms and Conditions for NET10 Wireless Home Phone
III. Additional Terms and Conditions for NET10 Mobile Hotspot and NET10 Bring Your Own Tablet
IV. Additional Terms and Conditions for NET10 Upgrade Plans
V. NET10 Limited Warranty
I. GENERAL TERMS AND CONDITIONS FOR NET10 WIRELESS SERVICE
Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and NET10. NET10 is a brand of TracFone Wireless, Inc.
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 17 BELOW.
By purchasing, activating, and/or using any NET10 product (“Product”) or service (“Service”) you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. NET10 reserves the right to change or modify any of these Terms at any time. Any changes to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at net10wireless.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version.
For assistance or more information, please contact NET10 Customer Care at 1-877-836-2368.
1. ACTIVATING AND USING YOUR NET10 SERVICE
You may purchase a NET10 wireless phone or a NET10 SIM card for use with your own compatible wireless phone or activate a compatible CDMA phone with NET10 service. You must activate your NET10 Phone by contacting Customer Care from a landline phone or by visiting the website at net10wireless.com. If you have purchased a NET10 SIM card for use with your own compatible phone, follow the instructions that came with the SIM card to activate your service. When you activate your service, you will have the option of registering with us and providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order.
Your NET10 Phone can only be used with NET10 wireless service and cannot be activated with any other wireless carrier or service. NET10 provides Service at its discretion. Some functions and features referenced in the Manufacturer's manual provided with your NET10 Phone may not be available on your NET10 Phone. NET10 may, at any time and without prior notice to you, modify, cancel and/or deactivate your Service and/or take other corrective action, for any reason in NET10’s sole discretion including, but not limited to, your violation of any one or more of these Terms and Conditions of Service.
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. Some NET10 features are available only on NET10 phones purchased from NET10 and will not be available if you have purchased a NET10 SIM card for use on a compatible wireless phone, or activated NET10 on a compatible CDMA phone. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.
If you are using your own compatible phone with a NET10 SIM card, or a compatible CDMA phone without a SIM card, it must be compatible, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. Devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your service without a refund. You are responsible for ensuring that any compatible wireless phone that you use is compatible with the NET10 wireless service and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use the NET10 service. NET10 service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.
The wireless telecommunications networks used to transmit calls for the NET10 Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not NET10. When You activate your NET10 service, you will be provided with a telephone number or you may, in some circumstances, port-in a number from another carrier. Please note that You have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service and You acknowledge and agree that we may change any such number, IP address or other identifier associated with your NET10 service at any time without prior notice to You.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provision of NET10 service) at any time. Any unused service at the time of termination will not be refunded. NET10 may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your NET10 phone and/or wireless service for an unlawful purpose or in a way that may adversely affect our service, if you engage in any deceptive or unfair conduct with respect to your NET10 phone and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of NET10 phones.
Any promotional or bonus minutes that are included with a new NET10 Phone or are issued upon activation of your NET10 Phone are not transferable or refundable. Promotional minutes and bonus minutes have no cash value. Any attempt to transfer promotional, bonus or other free minutes may result in the permanent deactivation of your NET10 Phone and Service without a refund.
3. AIRTIME USAGE AND NET10 PLANS
Your NET10 Service will operate only when you have airtime minutes and service days available. NET10 Airtime is issued in minute increments. Airtime minutes will be deducted for all time during which your phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send,” “call” or other button to initiate or answer a call, and does not end until you press the “end” button. Airtime minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, calls to toll free numbers, 411, 611, Customer Care, and to access your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) airtime minutes will be deducted for each call. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete, busy and/or no answer calls. Airtime minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. Airtime minutes are deducted for use of other services such as text messaging and accessing the NET10 Mobile Web (“WAP”). Airtime minutes are deducted for all text messages sent and incoming text messages which are opened. No credit is given for dropped calls. Your NET10 Phone may include 10 airtime minutes for set up. These minutes may be used for test calls at NET10's discretion.
On certain NET10 phone purchased from us, you may add airtime directly to your NET10 Phone in the Prepaid Menu at the Redeem Airtime or Add Airtime menu option by entering the PIN number from a NET10 Pay As You Go Airtime card, NET10 30 Day Monthly Plan Card or from a retailer cash register receipt. You may also add airtime by visiting the NET10 website or by contacting Customer Care. Airtime purchases have no cash value and are non-refundable.
NET10 Pay As You Go Airtime Cards . Pay As You Go Airtime Cards are not available on all NET10 phones or with NET10 SIM cards or compatible CDMA phones. See your phone’s packaging for more information regarding the NET10 Plans and features available with your phone. Each Pay As You Go Prepaid Wireless Airtime card includes a certain number of minutes and a service period that begins to run from the day you add the airtime to your NET10 Phone. Pay As You Go Airtime cards are available in various denominations. You will receive the minutes and days of service as specified on the card you purchase and add to your NET10 Phone.
Each Pay As You Go airtime card or purchase you add to your phone will extend the Service End Date by the number of days specified on the card or cash register receipt. “Service End Date” is the last day of your service period. Pay As You Go airtime minutes added to your phone do not expire with active Service and usage within a period of twelve (12) consecutive months. If you redeem any 30-Day Monthly Plan, however, any unused NET10 Pay As You Go airtime and service days remaining on your phone will be cleared and reset to the minutes and service days that appear on the face of the 30-Day Monthly airtime card. Airtime minutes have no cash value. NET10 airtime cards are non-refundable. NET10 airtime cards, airtime rate plans, card denominations and service days are subject to change at any time without prior notice. NET10 airtime cards do not expire except as specifically permitted by law.
You may also enroll in one of the NET10 Easy Minute Plans and automatically receive your NET10 airtime and service days each month. You may enroll in an Easy Minute Plan on our website at net10.com/easyminutes or by calling Customer Care. You will need a credit or debit card in order to enroll and you may cancel your enrollment at any time.
NOTE: IF YOU CHOOSE TO SWITCH FROM PAY AS YOU GO SERVICE TO ANY 30-DAY MONTHLY PLAN, YOU WILL LOSE ALL UNUSED AIRTIME MINUTES AND SERVICE DAYS ON YOUR PHONE. A SWITCH FROM PAY AS YOU GO TO A MONTHLY PLAN WILL INVOLVE RESETTING YOUR PHONE TO A ZERO BALANCE FOR AIRTIME MINUTES AND SERVICE DAYS BEFORE YOUR NEW MONTHLY PLAN MINUTES AND SERVICE DAYS WILL BE LOADED ON YOUR PHONE. IF YOU ARE ON ANY 30-DAY MONTHLY PLAN, YOU WILL LOSE ANY REMAINING UNUSED SERVICE ON YOUR PHONE IF YOU ADD A PAY AS YOU GO CARD OR ENROLL IN AN EASY MINUTE PLAN.
Service End Date, Due Date or Service Days Remaining for NET10 Pay As You Go : If you fail to add airtime to your NET10 Phone prior to the Service End Date or Due Date (before your Service Days run out) your NET10 Service will be deactivated on the Service End Date or Due Date and you may lose your NET10 Phone number even if you have minutes remaining on your NET10 Phone. To prevent this from occurring, please keep your NET10 Service active by adding an airtime card before your Service End Date or Due Date. Notwithstanding the Service End Date, Due Date or Service Days left as displayed on your NET10 Phone, NET10 reserves the right to discontinue Service and deactivate any NET10 Phone for which there is no voice, text or Data Services usage for a period of twelve (12) consecutive months. If your Service is deactivated, your NET10 Phone can be reactivated by adding any NET10 Pay As You Go or NET10 30 Day Monthly Airtime card. Once reactivated, however, your NET10 Phone may be assigned a new NET10 Phone number.
NET10 Unlimited Monthly Plans . NET10 Unlimited Monthly Plans include unlimited nationwide calling, text messaging, and up to a certain amount of high speed data for each monthly plan cycle. The amount of data that can be accessed at high speed depends on which Service Plan you purchase. After your high speed data threshold is reached, your data speed will be reduced to as low as 64 kbps for the remainder of your monthly plan cycle. Your high speed data will be restored once your next plan cycle begins unless you purchase a new NET10 Unlimited Plan prior to the start of your next plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. NET10 also offers a Service Plan that provides international calling and texting depending on the destination. For more information regarding international calling please see section 6 below.
For a current list of NET10 Unlimited Plans and a detailed explanation of their offerings (including our Family Plans) please visit our website. Actual data speeds are subject to your wireless device’s capabilities, coverage available in your local area and existing network conditions. NET10 Unlimited Plans are not available in all areas. NET10 may modify or cancel the NET10 Unlimited Plans at any time and for any reason without prior notice. NET10 Unlimited Plans may not be combined with any other discount or promotion. National Roaming capability may be discontinued or changed at any time without notice. NET10 reserves the right to terminate the Service of any NET10 customer who is roaming for 50% or more of usage in any 3 billing cycles within a 12 month period.
NET10 30-Day Plans . NET10 also offers 30-Day Plans that includes airtime for talk, text and picture messaging, email, web and calls to 411. For a current list of 30-Day Plans and their offerings please visit our website. The 30-Day Monthly 1000 Minute Plan is not available on Android powered or Apple’s iOS powered phones, with the NET10 SIM card or on certain other NET10 phone models. See your phone’s packaging for information regarding the NET10 Plans available for your phone. Upon your redemption of a 30-Day Monthly Plan card, all of the airtime and remaining days of service on your NET10 Phone (including all Pay As You Go Airtime and service days) will be cleared and your phone will be reloaded with the new service plan. The redemption of any NET10 Pay As You Go airtime card or another 30-Day Monthly Plan Card, or your enrollment in an Easy Minutes Plan BEFORE or upon the expiration of the 30 service days will clear the remaining airtime balance and service days on your phone and reset your phone’s airtime balance and service days to the amount of airtime and service days provided in the card you redeemed. Bonus and other promotional minutes are not available with the 30-Day Monthly Plan cards.
The NET10 30-Day Monthly Plan cards are not available for the following models of NET10 Phones: Nokia 1600, 1100 or 2600 and the Motorola C139, V171, V170 and C155.
You may purchase 30-Day Monthly Plan Cards at over 70,000 retail locations nationwide, on our website or by calling Customer Care. You may also enroll in the Automatic Monthly Auto-Refill program with a credit or debit card on our website at net10.com/easyminutes or by calling Customer Care.
NET10 Reserve : With NET10 Reserve, you may purchase and add NET10 30 Day Monthly Plans to your NET10 Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your NET10 Reserve at any time through “My Account.” All 30 Day Monthly Plans you redeem are automatically added to your NET10 Reserve to be applied at your Service End Date. When purchasing and redeeming a 30 Day Monthly Plan, customers will be prompted to select either to apply the Service Plan at that time or at their Service End Date. With NET10 Reserve, if you decide you might need a Service Plan prior to your Service End Date, you can visit “My Account” to apply a Service Plan or otherwise manage your Service Plans in Reserve. Customers enrolled in the 30 Day 1000 Minutes Monthly Plan may redeem the first plan from their NET10 Reserve queue by entering “438” at the Add Airtime Menu on their phone. If you are an Auto-Refill customer and add a Service Plan or Service Card to your NET10 Reserve, the Plan in Reserve will take precedence over the Auto Refill and it will be applied before the next Auto Refill purchase is processed. NET10 customers with unapplied Plans in their NET10 Reserve will be unable to purchase Pay As You Go service until all Plans in their NET10 Reserve have been applied.
NET10 30-Day Monthly Plan Auto-Refill : You may enroll in Auto-Refill for a 30-Day Monthly Plan by registering your credit or accepted debit card (with Visa or MC logo) at net10.com/easyminutes. With Auto-Refill, you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your NET10 service with the 30-Day Monthly Plan you select. PLEASE NOTE: If you have any 30-Day Monthly cards in your NET10 Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all NET10 Service Plans in your NET10 Reserve, the Auto-Refill purchases will resume.
4. NET10 UNLIMITED PLANS INTENDED USE
NET10 Unlimited Plans may only be used for the following purposes: (a) person to person voice calls (b) text and picture messaging and (c) internet browsing and ordinary content downloads. NET10’s Unlimited Plans may not be combined with any other discount or promotion. National roaming capability may be discontinued or changed at any time without notice. NET10 reserves the right to terminate the Service of any NET10 customer who is roaming for 50% or more of usage in any 3 billing cycles within a 12 month period.
NET10 Unlimited Plans may not be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the following: (i) continuous uninterrupted mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of uninterrupted continuous video; (iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. A customer engaged in any unauthorized use of NET10 Service may have his/her Service throttled and/or terminated. Customers will be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.
Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. NET10 reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of NET10 Service. NET10 reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone NET10 believes is using their Service in an unauthorized manner or whose usage, in NET10’s sole discretion, adversely impacts a Carrier’s network or customer service levels. NET10 will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in NET10’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, in our sole discretion, that you are using your Service in violation of the NET10 Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan with no unlimited usage component.
NET10 may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of NET10: (1) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other NET10 customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, NET10’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to NET10’s right to terminate your Service under these circumstances.
NET10 may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
NET10 UNLIMITED PLAN FEATURES CANNOT BE USED FOR: (1) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all Hotspot applications), (2) any applications that tether your phone to a laptop or personal computer other than for the use of Wireless Sync, or (3) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers.
5. TEXT MESSAGING
The rate to send or receive a text message to or from another phone is generally .5 units (5 cents per message). On certain NET10 Phones, other text messaging rates may apply. See individual NET10 Phone package for details. If you are on one of the 30-Day Monthly Plans, the rate to send or receive a text message is 1 unit or minute per text message.
If you do not want to incur text messaging charges, do not send or open a text message. NET10 Pay As You Go Service does not allow international text messages except on certain limited models of phones that include free international text messaging as described on the phone packaging (currently available on specially marked Android LG Optimus Net™ (L45C), LG Optimus Q™ (L55C) and LG Optimus Black™ (L85C) sold by NET10). On all other models of NET10 phones or if you have purchased a NET10 SIM card or activated NET10 service on a CDMA phone, any attempt to send an international text message could result in Service deactivation.
NET10 does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than NET10. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by NET10. Any text message you send to a “short code” not authorized by NET10 will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by NET10, whether in the form of deductions from your NET10 Phone or charges to your credit card, are not refundable.
6. INTERNATIONAL LONG DISTANCE CALLING
NET10 offers its customers international long distance service as an additional feature. These additional terms and conditions of service apply to customers who purchase an Unlimited International Calling Plan, a $10 Global International Calling Card, or who use Pay-As-You-Go International Long Distance Service (collectively, “ILD Service”). By purchasing or using ILD Service, you accept the terms and conditions set forth below as such terms may be updated from time to time on our website.
NET10’s ILD Service allows you to place calls to select destinations internationally. It will not allow you to place calls to all destinations or to all countries. Depending upon where you call, minutes are deducted for the international call, plus the minutes charged for a regular call. Some NET10 Phone models require registration in order to make international calls. ILD Service excludes calls to higher cost cellular, non-geographic and premium numbers. The destinations which are available may change without notice at any time. NET10’s ILD Service is not a substitute for regular international calling services. NET10’s ILD Service excludes certain call types such as calls to non-geographic and premium numbers. In order to determine if your destination of choice is available on the service, you may call Customer Care or check our website at net10.com/internationalcalling.
If you purchase an Unlimited International Calling Plan, your phone will be allowed to call up to 15 unique destination numbers per 30-day period. The 15 unique destination numbers automatically resets when your Account is renewed each service period. You can review your destinations at net10.com/internationalcalling. If you want to call a destination or telephone number which is not part of NET10’s Unlimited ILD Service, you may purchase and utilize a prepaid international $10 Global International Calling Card.
You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Global International Calling Card by calling Customer Care, visiting our website at net10.com/internationalcalling, or from a NET10 dealer. The phone number you provide when purchasing a $10 Global International Calling Card will be the service line that is permitted to dial internationally. You are responsible for preventing the unauthorized use of your NET10 ILD Service and you are responsible for any reduction in value of your Account arising out of authorized and unauthorized use. Your Global Card airtime will expire after 180 days of non-use, or after 30 days of inactive NET10 service.
IMPORTANT NOTICE FOR CUSTOMERS CALLING MEXICO : Calls to cellular phones in Mexico are limited to 400 minutes every 30-day service period.
If you are using the $10 Global International Calling Card, the rates to specific countries, regions or cities are available at net10.com/internationalcalling. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Minutes will be deducted from your airtime balance for every minute the call connects to the international calling system regardless of whether or not the call is successfully completed abroad. Minutes will be deducted for dropped calls, misdialed numbers and busy destination numbers from the moment the call is attempted (when you press the “Send” button on your phone). NET10 will not credit airtime minutes that are deducted as a result of unsuccessful attempts to call international destinations. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
NET10 International Neighbors is a service that enables callers in Mexico to reach you using a local number that will ring on your NET10 Phone in the U.S. Please visit our website or call Customer Care for details.
ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreement with NET10. In addition, the service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
NET10 ILD Service is intended for live dialogue between, and initiated by, two individuals for personal use. and not for commercial use or resale. Personal use is defined as calls originated by the owner of the cell phone (mobile phone) and/or handset to an international destination to initiate conversation between two individuals. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmission of data, broadcasts and/or 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. The service is not for commercial use or resale. Loaning or renting your handset (mobile or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use.
NET10 will presume certain usage, dialing, or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your ILD Service without prior notice. If You believe that we are in error, you may contact Customer Care and depending on the circumstances, we may reactivate your ILD Service. If, however, you continue your usage, dialing or calling patterns that we deem connote non-personal use in violation of these terms and conditions, we reserve the right to suspend, terminate or restrict your ILD Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
Furthermore, you agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide the ILD Service to you or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids your obligation to pay for the ILD Service; or (4) is not for consumer use. You agree not to resell your NET10 ILD Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
7. MOBILE WEB SERVICES FOR NET10 PAY AS YOU GO
With certain NET10 Phone models, you can download ringtones and graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through NET10’s Mobile Web or WAP. Data Services are offered by NET10 at an additional charge or deduction of minutes for use of such Services.
Purchasing Data Services : In order to purchase, download and/or access NET10 Data Services, your NET10 Phone must have active Service and sufficient available airtime minutes. Your NET10 Phone will not allow you to open the WAP browser without an airtime balance of at least 10 minutes.
Each time you access the NET10 WAP with your NET10 Phone's browser, 1 minute of airtime per minute of access will be deducted from your NET10 Phone (“Access Charges”). Access Charges are deducted in full minute increments. Any WAP access of less than 60 seconds is rounded up to the next full minute. Access Charges begin when your NET10 Phone makes a data connection. This generally occurs shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download, or if WAP access is initiated for any other purpose. Access Charges end when the data connection terminates. This generally occurs shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined from the exact moment you press a button on your NET10 Phone to open or close the browser.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your data or high speed data, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities – but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.
In addition to the Access Charges, there will be a charge each time you purchase content to download (“Content Charge”). The Content Charges vary depending on the type of content. You will be advised of the Content Charges prior to finalizing your purchase. The total Access Charge will vary depending on the size of the content and the actual time it takes to complete the download.
The Data Services you purchase and download are non-transferable (including to any new or replacement NET10 Phone) and may only be used or viewed on the NET10 Phone for which they were purchased. Charges incurred for the purchase of Data Services are non-refundable.
Purchase Options for Data Services : You may purchase Data Services through your NET10 Phone's WAP browser or by visiting net10.com/data on a personal computer.
Purchasing Data Services using your NET10 Phone’s WAP browser : In order to purchase Data Services using your NET10 Phone, you must select “BROWSER” from your NET10 Phone’s Menu. Your payment for Data Services purchased using your NET10 Phone's WAP browser will be completed through the deduction of minutes from your NET10 Phone. Ringtones can only be sampled, without incurring a charge, on the NET10 website at net10.com/data.
Purchasing Data Services through NET10.com : In order to purchase Data Services directly from the NET10 website, go to “Ringtones and More” at net10wireless.com and enter your NET10 Phone's number and serial number (ESN/IMEI). You will be redirected to the NET10 Data Services content catalog where you can browse, sample and purchase ringtones and/or graphics and/or games. When you have selected a title and are ready to make your purchase, click on “Buy” and the Content Charge will be shown in both U.S. Dollars and in minutes. You will have the opportunity to select one of two payment options: (1) you may use a credit card to complete your purchase or (2) you may select a direct deduction of minutes from your NET10 Phone. Content Charges paid via direct deduction of minutes are calculated using a dollar-to-minute conversion factor of $1.00 equals 10 minutes of airtime. The costs for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor are subject to change at any time without notice. See the Terms and Conditions posted on the NET10 website for the most current terms.
Charges for Multi-Media Messages (e.g., picture messaging) : You will be charged 2.5 minutes to send or receive a multi-media message (the “MMS Charge”). In addition to the 2.5 minute MMS Charge, you will incur an additional WAP Access Charge of 1 minute of airtime per minute of access for the time it takes to send or receive the MMS (see Additional Access Charges for Data Services below). The total WAP Access Charge will vary depending on the size of the MMS message sent or received and the amount of time required to complete the transmission.
Additional Access Charges for Data Services : In addition to the Content Charges and MMS Charges, and regardless of the payment option you use, you will be charged an additional Access Charge of 1 minute of airtime per minute of access associated with downloading content, accessing or viewing Data Services or utilizing MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to download the content, access or view the Data Service or utilize MMS.
Downloadable Third Party Web Content and Applications : You may download free and purchased Web Content and applications (“Web Content/Apps”) from third parties that are unrelated to NET10. For such third party downloads, NET10 is not responsible for the Web Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Web Content/Apps. Any support questions for these Web Content/Apps may be directed to the third party seller. When you use, download or install Web Content/Apps sold by a third party seller, you may be subject to license terms between you and third parties. NET10 is not responsible for any third party content, advertisements, or websites you may access using your phone.
Information on Phones : Your Phone may contain sensitive or personal information. NET10 is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.
8. MOBILE WEB SERVICES FOR THE NET10 UNLIMITED PLANS
With certain NET10 phone models, you can access Mobile Web Services through WAP and WEB. Mobile Web Services are additional services offered by NET10. Access to the Mobile Web is included in your NET10 Unlimited Plan. You may incur additional charges for downloads or purchases.
In order to purchase and download graphics, applications and other content, your NET10 Phone must have active Service. You will not incur Access Charges under the NET10 Unlimited Plan, but you will be charged a Content Charge each time you select and purchase content to download. The Content Charges vary depending on the type of content and these must be paid for separately under the terms and conditions of the vendor from whom you are purchasing the content. You may purchase and add a NET10 Unlimited Minute Bundle to your account in order to purchase content, downloads, ringtones or other services from NET10. You may NOT complete these purchases using the balance in your NET10 Unlimited account without adding a NET10 Unlimited Minute Bundle.
9. MODIFICATIONS, INTERRUPTIONS OR DISCONTINUATION OF DATA SERVICE; NON-RATED CONTENT
Availability, Interruptions and Discontinuation of Data Service : NET10 does not guarantee the availability of Data Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue, reduce the data throughput speed or the amount of data transferred, or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in analog service areas or outside of your network coverage area. NET10 is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive the purchased Data Services. If any Data Services which you have purchased are modified, interrupted, discontinued or canceled, NET10 will NOT refund any remaining used or unused services. If you cancel or attempt to cancel a Data Service download or a multi-media message in progress, or if the process is otherwise interrupted through no action on your part, you may incur a charge in accordance with these Terms and Conditions. If you open your browser and the NET10 WAP is unavailable, you will be charged the Access Charge of 1 minute of airtime per minute of access even though you will not be able to view the Mobile Web.
Non-Rated Data Service Content : NET10 Data Service content is NOT rated. Although NET10 strives to present and offer only generally acceptable content, it is impossible to proof all titles, news articles and other Data Services for appropriate content. NET10 Data Service content may include content that is offensive or objectionable to you or to others. You are solely responsible for the use of NET10 Data Service content and you assume all risk and liability in doing so. NET10 is not liable for any content that you and/or others may find offensive or objectionable. For more information on Data Services, please consult the material included in your NET10 Phone Welcome Kit and/or User's Guide. Additional information can also be found online on our website.
10. COVERAGE MAPS
You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of NET10. NET10 does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the NET10’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the NET10 plan you select. NET10 is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your wireless service provider. When you are is roaming, an indicator light on your NET10 Phone may display the word “Roam” or “RM” on the screen while the NET10 Phone is not in use. There are no additional charges for roaming calls with your NET10 Phone. NET10 does not guarantee the availability and/or quality of Services (voice, text and/or data) while roaming. Access to Mobile Web Services may not be available while roaming.
12. EMERGENCY CALLS
If you are in an area where your NET10 Phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your NET10 service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
13. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of NET10’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. At any time, NET10 reserves the right to substitute and/or replace any NET10 equipment (including phones) with other NET10 equipment including phones of comparable quality. Some functions and features referenced in the Manufacturer's manual for a particular phone model may not be available on your NET10 Phone. NET10 does not warrant or guarantee the availability of network Services or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither NET10, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your NET10 Phone outside during a lightning storm. You should also unplug the NET10 power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.
14. UNAUTHORIZED USAGE; TAMPERING
NET10 Products are sold exclusively for use by you, the end consumer, with the NET10 Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your NET10 Product, including without limitation, any resale, unlocking and/or reflashing of the NET10 Phone is unauthorized and constitutes a violation of your agreement with NET10. You agree not to unlock, reflash, tamper with or alter your NET10 Product or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your NET10 Product or the Service, or assist others in such acts, or to sell and/or export NET10 Products outside of the United States. These acts violate NET10’s rights and state and federal laws. Improper, illegal or unauthorized use of your NET10 Product or Service is a violation of this agreement and may result in immediate discontinuation of Service and legal action. NET10 will prosecute violators to the full extent of the law. You agree that any violation of this provision of the agreement through your improper, illegal or unauthorized use or sale of your NET10 Phone shall entitle NET10 to recover liquidated damages from you in the amount of not less than $5,000 per NET10 Phone purchased, sold, acquired or used in violation of this provision.
Some NET10 Phones have SIM cards. If your NET10 Phone has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. The Carriers, NET10 and/or their respective service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your NET10 Product is restricted from operating when you are located anywhere outside of the United States, Puerto Rico or the U.S. Virgin Islands, including offshore or in international waters. Any such usage is considered unauthorized usage by NET10 for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refund for your NET10 Product or unused airtime. NET10 may modify, cancel and/or deactivate Service or take corrective action at any time, without prior notice, for any reason, including but not limited to, your violation of this agreement. In the event of suspension or deactivation of your Service, you will not be entitled to receive any refunds for your NET10 Phone or unused airtime.
15. LIMITATION OF LIABILITY
NET10 is not liable to you, other users of your NET10 Service, or any third party for any failure to post, receive, process or credit a payment for your NET10 Service including, without limitation, any failure to add or credit any airtime or due date information to your NET10 Account or for any other claim arising out of or in any way related to your NET10 Service.
NET10 will not be liable to you for any actual, direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services to You. NET10 will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. If you return your NET10 Phone or other Product to NET10 for any reason, NET10 is not responsible and shall not be liable to you or anyone else for any personal information, such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads, you may have stored on your NET10 Phone or which may remain on your NET10 Phone when it is returned.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Mobile Web Services, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other accidents, or any health-related claims relating to our service; (d) Data Content or information accessed while using our service; (e) an interruption or failure in accessing or attempting to access emergency services from a phone, 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 phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment 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 phone, computer or equipment and to back-up your information stored on each.
IN NO EVENT SHALL NET10, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES, OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE NET10 WIRELESS SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF NET10, OR ITS RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, NET10, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree to indemnify and hold harmless NET10 and TracFone Wireless, Inc. from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys' fees on account thereof resulting from your use of a NET10 and NET10 Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
17. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care department at 1-877-836-2368. As such, You agree that You will first contact us in writing with any dispute and provide a description of the nature of the dispute, all relevant documents, other information concerning the dispute, and Your proposed resolution before taking any formal action. If we are unable to reach a resolution of Your dispute within 30 days of Your notice to us, You agree that You will submit the dispute to binding arbitration as set forth in this provision or small claims court rather than filing a lawsuit. You may forward Your dispute to: TracFone Wireless, Inc., Attn: Executive Resolution Department, 9700 NW 112 Avenue, Miami, FL 33178.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. Notwithstanding the foregoing, either party may bring a claim in small claims court.
This provision is intended to encompass all disputes or claims arising out of Your relationship with TracFone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and TracFone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to TracFone by contacting our Executive Resolution Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting TracFone’s Executive Resolution Department as set out above. You and TracFone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and TracFone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and TracFone agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), TracFone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and TracFone in accordance with AAA Rules. Additionally, TracFone hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If TracFone made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written offer made to You by TracFone, TracFone will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, TracFone will pay Your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If TracFone opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in Your favor and that TracFone will reimburse Your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and TracFone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless You and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless You and TracFone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and TracFone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor TracFone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, You and TracFone agree that there will not be a jury trial. You and TracFone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and TracFone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 1-877-836-2368 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: EXECUTIVE DISPUTE RESOLUTION, 9700 NW 112 AVENUE, MIAMI, FL 33178 . Any opt-out received after the opt-out deadline (or, in the case of those mailed, postmarked after the opt-out deadline) will be invalid, and You must pursue Your claim in arbitration.
18. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
20. ENTIRE AGREEMENT
These Terms constitute the entire agreement between You and TracFone Wireless, Inc. with respect to NET10’s products and services. The failure of either party to enforce at any time any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in these Terms is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
II. ADDITIONAL TERMS AND CONDITIONS FOR NET10 WIRELESS HOME PHONE
(a) NET10 Wireless Home Phone is a wireless voice service offered by NET10 for use indoors with a landline or cordless phone. You must connect the Equipment to a corded or cordless phone within your home in order to use the Service.
(b) IMPORTANT 911 EMERGENCY RESPONSE INFORMATION: The Equipment is designed to operate indoors only. The GPS chip in the Equipment will work best if you place the Equipment near a window or other opening to the exterior of the premises. In the event of an emergency call to 911, you should be prepared to provide your address and exact location inside the premises. Do not rely solely on your NET10 Wireless Home Phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
(c) Please note if the landline or cordless phone to which you connect the Equipment requires external electric power to operate, your Service (including the ability to make and receive 911 calls) will not be available during a power outage. NET10 shall be liable for any service outages and/or your inability to access 911 emergency service personnel for any reason.
(d) You are responsible for assessing whether the coverage available where you place the Equipment indoors is acceptable to You in connection with your use of NET10 Wireless Home Phone service. The Equipment requires at least moderate coverage throughout the indoor premises where you are using NET10 Wireless Home Phone in order to successfully use the Service. Regardless of the coverage available, NET10 Wireless Home Phone is not equivalent to traditional landline phone service.
(e) The Equipment is not designed to operate independently through a direct connection between the Equipment and a landline telephone wall jack. The Equipment must be connected to landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of the Equipment under any circumstances. Doing so may damage the Equipment and cancel the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.
(f) You must purchase a monthly Service Plan in order to activate your Home Phone Service. Before you can use your Service, you must register and activate the Equipment. You may activate your Equipment by visiting the NET10 Wireless Home Phone website found at net10homephone.com or by calling our Customer Care Center at 1-800-299-7280 from another phone. During the activation process, you will have an opportunity to register your account. If you elect not to do so, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order.
(g) NET10 SERVICE PLANS AND SERVICE CARDS: NET10 Wireless Home Phone offers two monthly plans: Unlimited Nationwide Calling (includes local and nationwide long distance calling) and Unlimited International Calling (includes local and long distance nationwide calling and international calling to certain select destinations). Please note that unlimited service plans do not track “per minute” usage for nationwide calls. The Plans are subject to certain limitations as set forth in these terms and conditions below. For more information regarding Service Plans and their offerings, including a list of available international destinations, please visit our website.
(h) Data service is not available with NET10 Wireless Home Phone. NET10 Wireless Home Phone is not compatible with home security systems, fax machines, DVR services, credit card machines, medical alert services or High Speed or DSL Internet services.
(i) The Service cannot be used to place certain types of calls such as collect calls, operator assisted calls and dial around calls. The Service is not available to place 500, 700, 900 or 976 calls and may not be available for certain other calls.
(j) REFILLING YOUR SERVICE: Your NET10 Home Phone will only operate when your Service is active and you have a positive Service balance in your account (Services include minutes and Service days). Minutes and Service have no cash value and do not accumulate. With each refill you will lose any unused Service balances (including any remaining days and minutes) and your Service Balances will reset with the refill amount of the new Service Plan or Service Card added. NET10 Services are non-refundable. No refunds or discounts will be given for unused Service balances (i) when you refill your Service; (ii) that expire by your Service End Date; (iii) on your Equipment if it is lost or stolen; or (iv) for Services purchased that are not compatible or supported by your Equipment. Any unused Service Balance(s) that exist at the time you refill your Service or at your Service End date will not carry over or accumulate.
You may refill your Service as follows:
(1) NET10 Auto-Refill: You may enroll in NET10 Auto-Refill by registering your credit or accepted debit card (with Visa or MC logo) online at and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your Service with the Plan you select. If you have any Service Plans or Cards in Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Service Plans or Service Cards in your Reserve, the Auto-Refill purchases will resume.
(2) NET10 Service Plan Cards: NET10 Service Plan Cards are available at select stores and online. Service begins on the day you add the Services or, if the Service Plan or Service Card is placed in your Reserve, on your Service End Date. Service Cards do not expire except as specifically permitted by law.
(3) NET10 Reserve: With NET10 Reserve, you may purchase and add NET10 Service Plans and Service Cards to your NET10 Reserve to be automatically applied on your Service End Date. You may access the Service Plans and Service Cards in your NET10 Reserve at any time through “My Account.” All Service Plans and Cards you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan or Service Card to your NET10 Reserve, the Plan or Card in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
(k) You are responsible for all activities undertaken by you using the Services. You shall not use, nor permit others to use the Service in a manner or for a purpose contrary to this Agreement.
III. ADDITIONAL TERMS AND CONDITIONS FOR NET10 MOBILE HOTSPOT AND NET10 BRING YOUR OWN TABLET
(a) REGISTERING AND ACTIVATING YOUR HOTSPOT OR TABLET DEVICE:
a. You may activate your NET10 Hotspot (“Hotspot”) or NET10 Bring Your Own Tablet SIM Card or Activation Kit (“BYOT”) by visiting the NET10 website or by calling our Customer Care Center at 1-888-442-5107. You will need to provide an email address in order to activate your Hotspot or BYOT service and you will be prompted for an email address upon registration at NET10’s website. You will use this email address to create and access your account. If You do not have an email address, please contact our Customer Care Center to complete your activation and registration and you will receive an email address for registration purposes. Upon registration, you will have the opportunity to provide your physical address and to set up a password for your account.
b. Your Hotspot or BYOT service can only be activated where Service is available, offered and supported by NET10. The wireless telecommunications networks used to transmit data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), not NET10. Your Hotspot can only be used through NET10, and cannot be activated with any other wireless service. Your Hotspot or BYOT service will only operate with a NET10 Data Service Plan. Plans are subject to change without notice. Services are provided at NET10’s discretion.
c. Some functions and features referenced in the manufacturer’s manual provided with your Hotspot or your BYOT device may not be available with the NET10 service. Not all BYOT devices are compatible with NET10 Data Service Plans. Compatible tablets include most GSM or CDMA tablets. Tablets with Wi-Fi functionality only cannot be activated with a NET10 Data Service Plan. After activation, you should retain your activation and device materials, and specifications for future reference. You will need these in the event you need to reactivate your Hotspot or BYOT device for any reason.
d. Please note that you have no ownership rights to any IP address or any other identifier associated with your Service and You acknowledge and agree that we may change any such IP address or other identifier associated with your Service at any time without prior notice to You. If you notify us that your Hotspot or BYOT device is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred.
(b) DATA SERVICE PLANS:
a. For the most recent information on NET10 Data Service Plans please visit our website at net10.com/direct/Net10Plans. Plans are subject to change. Data Service Plans are for use with Hotspots and BYOT devices only. All other Service Plans associated with other NET10 products will not work with your NET10 Hotspot or BYOT device. Plans include data and service days only. Voice, text and messaging services are not provided or included.
b. Plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All data amounts as quoted are approximate. Plans are available at select stores and online. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Plan comes with a specified amount of Service (data and Service days) as disclosed at the time of purchase. Service begins on the day you add the Services to your Hotspot or BYOT device or, if the Plan is placed in your Reserve, then on your Service End Date. Plans do not expire except as specifically permitted by law. See below for more information regarding Reserve.
c. NET10 Reserve: With NET10 Reserve, you may purchase and add NET10 Data Service Plans to your NET10 Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your NET10 Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your NET10 Reserve, the Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
(c) HOTSPOT RESTRICTIONS AND LIMITATIONS:
a. While up to five (5) devices may be connected to your Hotspot at one time, a single connected device will experience optimal speeds. Performance will be reduced if multiple devices access data through the Hotspot simultaneously. Actual data speed, availability and coverage will vary based on device capabilities, usage, your location and network availability. Service is not available while roaming.
b. Your NET10 Hotspot and BYOT device or service has security limitations. NET10 is not responsible for any breach or loss of security from your NT Hotspot or connected device. Your BYOT device may not be password protected as a default. You are responsible for adding password protection, if available on your device. Some functions and features referenced in the User Guide provided with your NET10 Hotspot or device connected to your NET10 Hotspot or your BYOT device may not be available.
(d) DATA USAGE: Data usage is measured in bytes, kilobytes (KB), megabytes (MB) and gigabytes (GB). Bytes are rounded up to the next KB with rounding occurring during and/or at the end of the data session. All data that is directed to your device’s internet address, including data sessions that You do not initiate or complete, are counted against your data usage. Examples of data that will count as part of your data usage are: sending or receiving email, documents, pictures or other files; multimedia streaming (music and video); file uploads and downloads; gaming services, graphics and applications; web page graphics (including logos, pictures, banners, advertisements and updates to any of the aforementioned); automatic device updates and any other automatic updates; any additional data necessary in order to access, transport and route files on the network; data associated with incomplete or interrupted downloads; and data associated with unsuccessful attempts to upload or download a file, reach a website, use an application or complete an online form or purchase; and any data that is re-sent (such as when refreshing a page or browser). Data usage includes all data that is downloaded, even though You may not have listened to or watched the entire download. The data that is consumed and applied against your data usage is in addition to any charges you may incur for purchased data content (such as the cost associated with purchasing music, games, apps, movies, etc.). The amount of data consumed and calculated as your data usage will vary significantly even with respect to identical actions and data sessions. Estimates of data usage such as the size of downloaded files are not accurate indicators of actual data consumed during a session.
IV. ADDITIONAL TERMS AND CONDITIONS FOR NET10 UPGRADE PLANS
These additional terms and conditions apply to customers who purchase, redeem, and/or use a NET10 upgrade service plan (“Upgrade Plan). By purchasing or using a NET10 Upgrade Plan you agree to accept the General Terms and Conditions for NET10 Wireless Service which can be found on our website at net10wireless.com and the following additional terms and conditions, each of which may be updated from time to time without prior notice. Any changes or modifications to these additional terms and conditions are effective and will be binding on you when posted on our website at net10wireless.com.
READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR UPGRADE PLAN. IF YOU TRANSFER YOUR NET10 TELEPHONE NUMBER TO ANOTHER WIRELESS CARRIER OR YOUR ACCOUNT IS INACTIVE FOR A PERIOD OF 24 CONSECUTIVE MONTHS, YOU WILL PERMANENTLY LOSE ALL OF YOUR UPGRADE POINTS.
NET10 Upgrade Plans are unique airtime plans that provide you with the ability to upgrade your NET10 Phone at a discount at the end of an eligible upgrade period (“Upgrade Period”) by accumulating points (“Upgrade Points”) awarded to you after purchasing an Upgrade Plan. The length of your Upgrade Period and the amount of Upgrade Points you can accumulate depend on which Upgrade Plan you purchase and the number of Upgrade Plans you purchase. All NET10 Upgrade Plans include unlimited voice and text messaging services and a fixed amount of high speed data for each monthly plan cycle. The amount of data that can be accessed at high speed depends on which Upgrade Plan you purchase. After your high speed data threshold is reached, your data speed will be reduced to as low as 64 kbps for the remainder of your monthly plan cycle. Your high speed data will be restored once your next plan cycle begins unless you purchase a new NET10 Upgrade Plan prior to the start of your next plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Some NET10 Upgrade Plans may provide international calling and texting depending on the destination. For more information regarding international calling please see section 6 of NET10’s Terms and Conditions of Service at net10wireless.com. For a current list of all NET10 Upgrade Plans and their offerings please visit our website.
In addition to voice, text messaging, and data services, NET10 Upgrade Plans provide you with Upgrade Points depending on which Upgrade Plan you purchase and redeem. Once you have accumulated a total of 18 Upgrade Points you will become eligible for an upgrade discount on a NET10 Phone (“Upgrade Discount”). Upgrade Discounts can only be applied towards the purchase of a NET10 Phone. You can switch between Upgrade Plans at any time and continue to accrue Upgrade Points based on your new plan. You can also switch between an Upgrade Plan and another NET10 Service plan; however, you will only accumulate Upgrade Points by purchasing a NET10 Upgrade Plan.
Because you can switch between Upgrade Plans, the length of your Upgrade Period will depend on which Upgrade Plan you purchase while accumulating the required 18 Upgrade Points. After you have reached 18 Upgrade Points, you may continue to accumulate Upgrade Points before using your Upgrade Discount; however, Upgrade Discounts are only awarded in intervals of 18 Upgrade Points. As such, once you accumulate another 18 Upgrade Points you will become eligible for another Upgrade Discount. For more information and examples of how Upgrade Points and Upgrade Discounts work please visit our FAQ section online.
Upgrade Points have no cash value, cannot be refunded, or transferred to another customer. If you switch between a NET10 Upgrade Plan and another NET10 service plan you will not lose your Upgrade Points. If, however, you port-out or transfer your NET10 telephone number to another wireless carrier, you will permanently lose all of your Upgrade Points. If you have purchased a NET10 Phone using your Upgrade Discount and you return your phone, your Upgrade Points will be returned to your account once we have verified your return. In the event you return your phone, you will only be entitled to a refund for the amount you paid after applying your Upgrade Discount.
If your NET10 Service is deactivated due to your inactivity, you will not lose your Upgrade Points, unless the period of your inactivity exceeds 24 months measured from your Service End Date in which case all of your Upgrade Points will expire. If you reactivate your account through the purchase of a NET10 Upgrade Plan (before the expiration of the 24-month inactivity period), your Upgrade Points will be reinstated; however, it is likely that you will lose your NET10 phone number due to any extended inactivity. Your Upgrade Points will be linked to the electronic serial number (ESN) of your NET10 phone. Therefore, any deletion or modification of the ESN from your account may result in the loss of your Upgrade Points. All other terms and conditions associated with your NET10 Service apply and shall govern your purchase and/or use of a NET10 Upgrade Plan.
V. NET10 LIMITED WARRANTY
A new NET10 Wireless Phone, Home Phone or Hotspot is covered by a one year limited warranty administered by NET10 and TracFone Wireless, Inc. A reconditioned NET10 Wireless Phone (other than an iPhone), Home Phone or Hotspot also has a one year limited warranty provided by NET10 and all NET10 accessories have a 90-day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from NET10. New Apple products are covered by a one-year Limited Warranty offered and administered by Apple. Please visit apple.com for more information.
How to obtain Warranty Service . To obtain warranty service from NET10, please contact Customer Care at 1-877-836-2368. If your problem cannot be remedied over the phone, our NET10 technicians will provide you with a Return Authorization Number, which you will use to send your NET10 Phone or accessories to the designated NET10 Service Center for repair or replacement, at NET10's option.
Terms of Limited Warranty . NET10 warrants to you, the Customer, that your NET10 Wireless Phone, Home Phone or Hotspot (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
1. The limited warranty for the Product extends for one (1) year beginning on the date of the purchase of the Product.
2. The limited warranty extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user.
3. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer.
4. During the limited warranty period, NET10 will replace or repair, at NET10’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished replacement Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. NET10 may, at its sole discretion, replace the Product with a refurbished phone of the same model if available, or if not available, of a comparable model of phone. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. NET10’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to NET10 for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. NET10 shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
5. Upon request from NET10, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
6. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of NET10, including damage caused by shipping.
(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by NET10.
(c) NET10 was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
(f) The Product is outside of the one (1) year Limited Warranty period.
7. NET10 does not warrant uninterrupted or error-free operation of the Product or service. NET10 cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. If a problem develops during the limited warranty period, the Consumer shall contact NET10 Customer Care for repair or replacement processing of the Product. NET10 shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model.
8. You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
9. DISCLAIMER OF WARRANTIES: NET10 PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. NET10 EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NET10 SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NET10 KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NET10 SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
10. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.
11. NET10 neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
12. This is the entire warranty between NET10 and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
13. This limited warranty allocates the risk of failure of the Product between the Consumer and NET10. The allocation is recognized by the Consumer and is reflected in the purchase price.
© 2014 TracFone Wireless, Inc.
Effective: January 1, 2015