NET10 WIRELESS TERMS AND CONDITIONS OF SERVICE
I. NET10 Wireless Service
II. NET10 Upgrade Plan
III. NET10 Mobile Hotspots and Bring Your Own Phone
IV. NET10 Return Policy
V. NET10 Limited Warranty
VI. NET10 Unlocking Policy
I. 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 TracFone Wireless, Inc. NET10 is a brand of TracFone Wireless, Inc. d/b/a NET10.
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 the wireless services provided by NET10 (the “Service”), 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 or modifications 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 Terms and Conditions of Service.
For assistance or more information, please contact NET10 Customer Care at 1-877-836-2368.
1. ACTIVATING YOUR SERVICE
To use NET10 Service, you must first purchase and activate a NET10 wireless phone or a NET10 Bring Your Own Phone Activation Kit (“Activation Kit”) that can be used to activate a compatible wireless phone you already own under the Bring Your Own Phone program. To activate your phone, you must also purchase and redeem a NET10 wireless plan (Plan”). For more information about our Plans visit our website and see Section 3 below.
You may activate your Service online by visiting our website at net10wireless.com or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased an Activation Kit to activate your own phone, follow the instructions that came with the Activation Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you.
When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by 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.
NET10 Service can only be activated where NET10 Service is offered and supported by NET10. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by NET10 are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not NET10. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a NET10 customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a NET10 customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
If you are activating your own compatible phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Phone program. Except for NET10 Mobile Hotspots and tablets activated under the Bring Your Own Tablet program (please see Section III) 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.
We 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 our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service or purchase a new Product you agree that you are consenting to the latest NET10 Terms and Conditions of Service. Any Service which remains unused at the time of termination, including, promotional balances, cannot be refunded or transferred to another person.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:
(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a TracFone representative, officer, employee, agent, or authorized retailer;
(ii) using your Service for any unlawful, fraudulent, or illegal purpose;
(iii) using your Service in any way that adversely affects our ability to manage the Service provided to other customers or the Carrier’s network;
(iv)violating any Term or Condition contained in this Agreement.
3. NET10 PLANS
Your phone will only have Service after you have purchased and redeemed a service plan (“Plan”). NET10 Plans vary depending on whether you own a basic phone or smartphone. All NET10 Plans provide a certain number of days of Service (“Service Days”) per Plan cycle. You will have Service under your Plan so long as you do not reach your maximum allotment of minutes or data (to the extent they are capped) and so long as you have Service Days left on your Plan’s cycle (“Plan Cycle”). The Services that come with our Plans (e.g., talk, text and data) vary and change from time to time. Please also note that some Plans may only work with basic phones and are not intended for smartphones and a phone you activated with NET10 under the Bring Your Own Phone program. For the latest information what our NET10 Plans offer please visit our website at net10wireless.com or call Customer Care.
Pay-Go Plans. NET10 Pay-Go Plans work for basic phones only and come with a certain number of minutes. Pay-Go Plans vary in the number of Service Days offered. Minutes can be used for calling, text messaging, and data services. The rate to send or receive a regular text message is generally .5 minutes per message. The rate to send and receive a MMS message (picture or video message) is generally 2.5 minutes per message. For incoming messages, minutes are only deducted for messages which are opened. On certain NET10 phones, other text messaging rates may apply. See individual NET10 phone package for details. Minutes are also deducted for data services. For more information about the rates that apply for using data services please see Section 6 below.
Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, toll free calls, and calls to 411, 611, Customer Care, and your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are not deducted for calls to 911. For outbound calls, you may be charged minutes for incomplete, busy, or no answer calls. Minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. 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 our discretion.
Monthly Plans. NET10 Monthly Plans work on Smartphones and Basic Phones and come with unlimited nationwide calling, text messaging (including international text messaging), and up to a certain amount of high speed data at 4G speeds for each Plan Cycle depending on which Plan you select. All NET10 Monthly Plans come with thirty (30) Service Days.
4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. After your high speed data balance is reached, your data speeds will be reduced to as low as 64 kbps for the remainder of your Plan cycle. Your high speed data will be restored once your next Plan Cycle begins unless you purchase a new Monthly Plan prior to the start of your next Plan Cycle. If your data speeds are reduced, the reduced speeds may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data balance.
Depending on the Carrier network, your Monthly Plan may be automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution. You may disable the Data Optimizer feature at any time by contacting Customer Care.
Upgrade Plans. For more information about Upgrade Plans please refer to Section IV below.
4. USING YOUR SERVICE
Service Days. As mentioned above, NET10 Plans come with varying amounts of Service Days. Generally, once you start a new Plan Cycle, you will lose any unused minutes, data and Service Days remaining on your current Plan unless your Plan provides Carryover Benefits (explained below). If your Plan does not provide any Carryover Benefits, you will not receive a refund or credit for any unused minutes, data or Service Days once you begin a new Plan Cycle.
Service End Date. To keep your Service active, you must purchase and redeem a Plan prior to your Service End Date. Your Service End Date is the last day of your Plan Cycle and is determined by the date on which you activated your Service by redeeming a Plan. If you fail to redeem a new Plan prior to your Service End Date, your Account will be deactivated on your Service End Date and, if applicable, you may lose your phone number. To prevent this from occurring, please keep your Service active by purchasing a Plan before your Service End Date. Notwithstanding your Service End Date, TracFone reserves the right to discontinue your Service and deactivate any Account for which there is no usage for a period of six (6) consecutive months for Smartphones and twelve (12) consecutive months for Basic Phones. If your Account is deactivated, it may be reactivated by purchasing and redeeming a new Plan. Once reactivated, you will be assigned a new phone number. Service under a Plan which remains unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date for basic Phones and within thirty (30) days for Smart Phones, otherwise any unused Service under a Plan you purchased will be lost.
Carryover Benefits. Certain Pay-Go Plans provide a Carryover Benefit which allows you to carryover unused minutes when you purchase a new Plan and to combine the number of minutes and Service Days provided by your Pay-Go Plan. For example if you purchase and redeem two Pay-Go Plans that come with 200 minutes and 30 Service Days, your Account will be credited with 400 minutes and 60 Service Days. If you add a 30-day Pay-Go Plan fifteen (15) days into an existing 30-day Plan Cycle, you will have forty-five (45) Service Days and your Service End Date will be adjusted accordingly. Accordingly, you can extend your Service End Date by adding multiple Plans to your Account on or before your Service End Date.
Please note that upon your redemption of a Monthly Plan, any unused minutes and Service Days carried over under your Account will be cleared and will be replaced with the service and Service Days provided under your new Monthly plan.
NET10 Auto-Refill. You may enroll in Auto-Refill to purchase a new Plan each time your Plan Cycle expires by registering your credit or debit card online with the NET10 website and selecting the Plan you want to purchase on a recurring basis. When you enroll in Auto-Refill, a new Plan will be automatically purchased and redeemed to your Account each month at the end of your Plan Cycle and your credit or debit card will be automatically charged for the cost of the Plan you elected to purchase on a recurring basis.
NET10 Reserve: With NET10 Reserve, you may purchase and add to your Account one or more Monthly Plans. If you have a Monthly Plan in your NET10 Reserve, it will be automatically applied to your Account on your Service End Date. You may redeem the Service Plans in your NET10 Reserve at any time prior to your Service End Date, however, if you do so, you will lose any used service under your previous Plan. If you are enrolled in Auto-Refill, the Plans in your NET10 Reserve will take precedence over Auto-Refill and will be redeemed before an Auto-Refill purchase is processed. Customers with Monthly Plans in their NET10 Reserve will also be unable to purchase Pay-Go Plans until all Plans in their NET10 Reserve have been applied.
All plan rates, offerings, and features are subject to change without prior notice. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires by your Service End Date; (ii) unused Service if your Phone if it is lost or stolen; or (iii) NET10 Plans purchased that are not compatible or supported by your Phone.
5. TEXT MESSAGING
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, are not refundable.
6. DATA SERVICES
All NET10 Plans provide access to data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including, but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come preloaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, mobile apps that provide real-time information and location-based information connect to our network, and send and receive updated information so that it is available to you when you want to access it. Your Account balance will deducted for all Data Usage initiated by your Phone, including, Data Usage for connections that you affirmatively initiate and for those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage also depends on the size of the content and the actual time it takes to download or transmit the content or MMS message. If you cancel or attempt to cancel a download or transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your Account balance.
Pay-Go Plans. With Pay-Go Plans that come with minutes only, one (1) minute will be deducted from your Account per (1) minute of Data Usage. Minutes deducted for Data Usage are deducted in full minute increments. Data Usage lasting less than sixty (60) seconds will be rounded up to the next full minute. Your NET10 Phone will not allow you to access NET10’s Mobile Web Portal without a balance of at least 10 minutes. For MMS messages, your Account will deducted 2.5 minutes for each MMS message you send or receive in addition to the one (1) minute deduction for each minute it takes to send or receive the MMS message. The number of minutes deducted from your Account for sending or receiving a MMS message will vary depending on the size of the MMS message and the amount of time required to complete the transmission.
Online Content and Apps. With certain NET10 Phones, you may be able to view, access, use, or download online content (“Content”) using NET10’s Mobile Web Portal, an internet browser, an app store, or a mobile app depending on your phone type (e.g., Basic Phone or Smartphone). In addition to any minute or data balances deducted for Data Usage, you may be charge for any online Content (“Content Charge”) you purchase. Content Charges on NET10’s Mobile Web Portal vary depending on the type of Content. You will be advised of any Content Charges prior to finalizing your purchase. 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. The total Access Charge will vary depending on the size of the content and the actual time it takes to complete the download. Any Content you purchase and download may only be used or viewed on the Phone used to purchase and download the Content and cannot be transferred to another Phone, including, a new or replacement NET10 Phone. All Content Charges are non-refundable.
Content Not Rated. The Content available or accessible through NET10’s Mobile’s Web Portal is not rated or filtered. Although NET10 strives to present and offer only generally acceptable Content, it is impossible to proof all online Content that may be available. NET10’s Mobile Web Portal may provide access to Content that is offensive or objectionable to you or to others. You are solely responsible for any Content you access, view, or download from NET10’s Mobile Web Portal and you assume all risk and liability in doing so. NET10 is not liable for any Content that you or others using your Phone may find offensive or objectionable. Further, not all of the Content accessible using NET10’s Mobile Web Portal is intended for children under the age of 13. In the event that you, as a legal guardian allow your child to access Content using NET10’s Mobile Web Portal, you acknowledge that your child has the permission to use the NET10 Mobile Web Portal available on your phone. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using NET10 Mobile Web Portal is appropriate for your child.
Personal 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.
Availability, Interruptions, and Discontinuation to Data Services. NET10 does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice if you are engaged in any unauthorized use or if your usage adversely impacts a Carrier’s network or customer service levels. 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 content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, NET10 will not provide you with a refund for any remaining used or unused Data Services.
7. INTERNATIONAL LONG DISTANCE
NET10 offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions apply to customers who purchase and/or use a NET10 Service Plan with international long distance calling or the NET10 $10 Global Calling Card. By purchasing or using NET10 ILD Service, you accept the additional 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 depending on whether you have purchased an Unlimited International Calling Plan or the $10 Global International Card. To determine if your destination of choice is available please check our website at net10.com/internationalcalling. Please be advised that the destinations which are available may change without notice at any time. NET10 ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. NET10 ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
NET10 Unlimited International Calling Plan. If you have purchased a NET10 Plan with 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 next plan cycle begins unless you purchase a new Unlimited International Calling Plan prior to the start of your next plan cycle. If you want to call a destination or telephone number which is not part of NET10’s Unlimited International Calling Plan, you may purchase NET10’s $10 Global Calling Card. Please visit our website to learn more about the specific features of NET10’s Unlimited International Calling Plan. If you have purchased an Unlimited International Calling Plan, your ILD Service will only work if you have Service Days left in your plan cycle. If your plan cycle has ended, you will need to purchase and redeem a new NET10 Unlimited International Calling Plan to renew your unlimited ILD Service.
NET10 Pay-As-You-Go ILD Service. NET10 also offers ILD service to customers who purchase a NET10 Pay-As-You-Go Plan or a NET10 30-Day Plan. If you have purchased a NET10 Pay-As-You-Go Plan, your Account will be deducted 1.5 units per minute for each international long distance call made from your phone. If you have purchased a NET10 30-Day Plan, your Account will also be deducted 1.5 units per minute for each international long distance call made from your phone except for NET10 1,000 Minute Plan customers who will be deducted 4.5 units per minute. For more information regarding NET10 Pay-As-You-Go and 30-Day Plans and their offerings please visit our website.
NET10 $10 Global International Calling Card. NET10 also offers a $10 Global Calling Card that must be used with another NET10 Service Plan in order for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Global Calling Card from NET10 directly by calling Customer Care or visiting our website. Your ILD Service will only work when your NET10 Service is active and when you have a positive balance in your Account. If you have purchased a $10 Global Calling Card, you will not be limited in the number of destination numbers you may call. However, the NET10 phone number you provide when purchasing a $10 Global Calling Card will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
The applicable rates to specific countries, regions or cities for customers who have purchased a $10 Global Calling Card are available online at net10.com/internationalcalling. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. NET10’s $10 Global Calling Card expires 180 days after last use or 30 days after your NET10 Service is suspended. You are responsible for preventing the unauthorized use of your Account and the Service, and You are responsible for any reduction in value of your Account arising out of authorized and unauthorized use.
NET10 ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with NET10. ILD 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 a call originated or received by a NET10 customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your handset (mobile phone 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. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
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 NET10 Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-877-836-2368 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your NET10 Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
You agree not to use NET10’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) 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.
NET10 ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
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.
You are responsible for safeguarding your ILD Service and Account information. NET10 is not responsible for and will not issue credit for unauthorized use.
8. UNAUTHORIZED USE OF SERVICE
Your Service (i.e., voice, text, or data services) and any phone using NET10 Service may only be used for the following purposes: (a) person to person voice calls, text, and picture messaging and (b) personal web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.
Your Service and any phone using NET10 Service may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks. Examples of some unauthorized uses include, but are not limited to, the following:
(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;
(ii) automated text or picture messaging;
(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;
(iv) as a server device or to 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 file sharing;
(v) as a substitute or backup for private lines or dedicated data connections;
(vi) to access the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all hotspot applications),
(vii) tethering to a laptop or personal computer other than for the use of wireless sync,
(viii) as an internet access point or Wi-Fi for other devices and computers.
A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is abnormally high, or harmful, or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.
9. 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, 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, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, 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.
Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, NET10 does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, NET10 reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by NET10 and is strictly prohibited.
11. WI-FI CALLING
Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-877-440-9758. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems
12. EMERGENCY CALLS
If you are in an area where your 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. DISCLAIMER OF WARRANTIES
NET10 PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. TRACFONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY NET10 PRODUCT OR SERVICE.
You acknowledge and agree that the use of any NET10 Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products, 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, network prioritization, 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 network. At any time, NET10 reserves the right to substitute and/or replace any NET10 equipment (including phones and SIM cards) with other NET10 equipment of comparable quality. NET10 does not warrant or guarantee the availability of your Service at any specific time or in any specific geographic location or that the Service 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 phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRACFONE OR ITS VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF YOUR NET10 PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF TRACFONE OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE 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 VENDORS, SUPPLIERS, OR LICENSORS’ LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a Phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your Phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) 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 (j) 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.
15. UNAUTHORIZED USE OF PRODUCTS
NET10 Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your NET10 Product constitutes a violation of your agreement with NET10 and will invalidate the Limited Warranty associated with your Product. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Net10 Product in a manner which conflicts with the Unlocking Policy referenced in Section VII below. You also agree not to use unauthorized PINs associated with phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export Net10 Products outside of the United States. Any attempt to unlock your NET10 Product in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your NET10 Product may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your NET10 Product may result in the immediate suspension or termination of your Service without notice and legal action. TracFone will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law.
If your NET10 Product 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 or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice. The Carriers, TracFone Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card or your phone.
In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your NET10 Product or for any unused Service.
You agree to indemnify and hold harmless TracFone Wireless, Inc. d/b/a NET10 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 Product or Service, 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. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 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 Legal 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 Legal 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 makes you a settlement offer that you reject 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: LEGAL DEPARTMENT-CONSUMER CLAIMS, 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.
19. 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
II. NET10 HOME PHONE
1. NET10 Wireless Home Phone is a wireless voice service offered by NET10 for use indoors with a landline or cordless phone. You must connect your NET10 Home Phone to a corded or cordless phone within your home in order to use the Service.
2. IMPORTANT 911 EMERGENCY RESPONSE INFORMATION: Your NET10 Home Phone is designed to operate indoors only. The GPS chip in your NET10 Home Phone will work best if you place it 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.
3. Please note if the landline or cordless phone to which you connect your NET10 Home Phone 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 not be liable for any service outages and/or your inability to access 911 emergency service personnel for any reason.
4. You are responsible for assessing whether the coverage available where you place your NET10 Home Phone indoors is acceptable to you in connection with your use of NET10 Wireless Home Phone service. Your NET10 Home Phone requires at least moderate coverage throughout the indoor premises where you are using the phone in order to successfully use the Service. Regardless of the coverage available, your NET10 Home Phone is not equivalent to traditional landline phone service.
5. Your NET10 Home Phone is not designed to operate independently. It must be connected to landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of your NET10 Home Phone under any circumstances. Doing so may damage your NET10 Home Phone and cancel the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.
6. You must purchase a monthly Service Plan in order to activate your NET10 Home Phone Service. Before you can use your Service, you must register and activate the equipment. You may activate your NET10 Home Phone by visiting the NET10 Home Phone website at 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.
7. NET10 SERVICE PLANS: NET10 Wireless Home Phone offers monthly plans which include unlimited nationwide calling and/or unlimited international calling (includes international calling to certain select destinations) depending on the Service Plan you purchase. NET10 Home Phone customers who have purchased a Service Plan without unlimited international calling may purchase a $10 ILD Card to make international calls using their Home Phone. To determine if your destination of choice is available please check our website and read the terms above for more information on NET10’s $10 Global ILD Card. 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.
8. 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.
9. 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 no be available for certain other calls.
10. 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 Plans: NET10 Service Plans are available at select stores and online. Service begins on the day you add the Services or, if the Service Plan is placed in your Reserve, on your Service End Date. Service Plans do not expire except as specifically permitted by law.
(3) NET10 Reserve: With NET10 Reserve, you may purchase and add NET10 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 Service Plan in Reserve will take precedence over the Auto-Refill and it will be applied before an Auto-Refill purchase is processed.
11. You are responsible for all activities undertaken with your NET10 Home Phone. You shall not use, nor permit others to use your NET10 Home Phone in a manner or for a purpose contrary to this Agreement.
III. NET10 MOBILE HOTSPOT AND NET10 BRING YOUR OWN TABLET
1. 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 tablet may not be available with the NET10 service. Not all tablets 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.
2. DATA SERVICE PLANS:
a. For the most recent information on NET10 Data Service Plans please visit our website at 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.
3. 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 NET10 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.
4. 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. NET10 UPGRADE PLANS
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 RETURN POLICY
To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. NET10 does not allow returns or provide refunds for any Activation Kits or Plans you may have purchased.
Store Purchases. If you purchased a NET10 phone from a retailer or wireless dealer (and not from NET10 either by phone or online), your Phone purchase is subject to that store’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. TracFone will not process the return of any NET10 phone sold to you by a retailer or wireless dealer.
Online Purchases from NET10. If you purchased your NET10 phone from NET10’s official website, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.
To be eligible for a return you must meet the following requirements:
If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. NET10 will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.
If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.
VI. NET10 LIMITED WARRANTY
All new NET10 Phones are covered by a one (1) year limited warranty administered by TracFone as set forth below.
All reconditioned or refurbished phones sold by NET10 (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by NET10.
To the extent available for purchase, certified pre-owned Phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.
A Phone that you own which was not purchased from NET10 but that is registered with NET10 under the Bring Your Own Phone program is not covered by this limited warranty.
How To Obtain Warranty Service. To obtain warranty service for your NET10 Phone, please contact Customer Care at 1-877-440-9758. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at our option.
Terms of Limited Warranty:
1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage..
2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from NET10, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
3. During the limited warranty period, NET10 will replace or repair, at NET10’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. NET10 may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.
4. 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 Purchaser returns the Product to NET10 for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. NET10 shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.
5. The Purchaser 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 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 limited warranty period.
6. NET10 shall not be liable for delay in rendering service under the limited warranty, loss of use of the service 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 and other content.
7. 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.
8. This is the entire warranty between NET10 and the Purchaser, 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.
9. This limited warranty allocates the risk of failure of the Product between the Purchaser and NET10. The allocation is recognized by the Purchaser and is reflected in the purchase price. 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 Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.
VII. NET10 UNLOCKING POLICY
For Customers with NET10 Phones Capable of Being Unlocked: NET10 will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) Customers must request handset unlocking. NET10 will unlock phones of current and former NET10 customers without charge. Non-former customers may request unlocking, but NET10 may charge a reasonable fee.
(b) The NET10 phone must have been activated on NET10 Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(c) Customers must possess a NET10 phone that is not reported stolen, lost, or associated with fraudulent activity.
(d) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, NET10 will honor that customer’s unlocking request.
For Customers with NET10 Phones not Capable of Being Unlocked: NET10 will provide customers with a partial refund or credit against the purchase of a new NET10 phone if they meet the following conditions:
(a) Customers must request phone unlocking.
(b) Customers must have had their locked phone activated on NET10 Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported.
(c) Customers must request this interim unlocking solution while their NET10 Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.
(d) Customers must currently own a NET10 phone model launched on NET10’s Service after February 11, 2014 or activated with NET10’s Service after February 11, 2015.
(e) Customers must possess a NET10 phone that is in working condition.
(f) Customers must possess a NET10 phone that is not reported stolen, lost, or associated with fraudulent activity.
(g) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, NET10 will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements.
(h) Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts NET10 to request the trade-in value of his or her phone, NET10 will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the device, NET10 will send the customer a check for the trade-in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new NET10 phone that is capable of being unlocked.
Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the NET10 website or by calling 1-888-442-5102.
NET10 may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud NET10 or its customers. NET10’s Unlocking Policy is subject to change at any time without advance notice.
© 2017 TracFone Wireless, Inc.