Terms & Conditions
NET10 Business Terms & Conditions of Service
NET10 Business WIRELESS TERMS AND CONDITIONS OF 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 Business Wireless (“NET10 Business”). NET10 Business 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 14 BELOW.
By purchasing, activating, or using any NET10 Business product (“Product”) and/or service (“Service”), you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. NET10 Business reserves the right to change or modify these Terms and Conditions of Service 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 the NET10 Business website at NET10business.com. Because these Terms and Conditions are subject to change at any time you should always check our website for the most current Terms and Conditions.
For assistance or more information, please contact NET10 Business Customer Care at 1-844-638-1028.
1. ACTIVATING AND USING YOUR NET10 Business SERVICE
You may purchase a NET10 Business wireless phone or a NET10 Business SIM card for use with your own compatible wireless phone, or bring a compatible wireless CDMA phone. You must activate your NET10 Business Phone by contacting Customer Care at 1-844-638-1028 using a different phone or by visiting our website at NET10business.com. If you have purchased a NET10 Business SIM card for use with your own compatible phone, follow the instructions that came with the SIM card to activate your Service. If you are bringing your own compatible wireless CDMA phone you must contact Customer Care at 1-844-638-1028 to activate your phone. 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.
NET10 Business Service can only be activated where NET10 Business Service is offered and supported by NET10 Business. NET10 Business provides Service at its discretion. Some functions and features referenced in the Manufacturer’s manual provided with your NET10 Business Phone may not be available on your NET10 Business Phone. NET10 Business 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 Business’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 Business features are available only on NET10 Business phones purchased from NET10 Business and will not be available if you have purchased a NET10 Business SIM card for use on a compatible wireless phone or if you are using a compatible wireless 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 phone, it must be compatible and not interfere with our Service, and it must comply with all applicable laws, rules and regulations. You are responsible for ensuring that any compatible wireless phone that you use is compatible with the NET10 Business 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 Business Service. NET10 Business 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 Business Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not NET10 Business. When you activate your NET10 Business 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 Business 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 Business Service) at any time. Any unused service at the time of termination will not be refunded. NET10 Business 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 Business 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 Business 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 Business phones.
3. AIRTIME USAGE AND NET10 Business PLANS
Your Service will only operate after you have purchased and redeemed a service plan (“Service Plan”) and so long as you have service days left on your plan’s cycle. Please visit our website at NET10business.com for the latest information regarding our Service Plans, including the amount of data provided by each Service Plan.
NET10 Business Unlimited 30-Day Plans: NET10 Business Unlimited Service Plans include unlimited nationwide calling and text messaging, and up to a certain amount of high speed data for each 30-day plan cycle. The amount of data that can be accessed at high speed depends on which Service Plan you purchase. All NET10 Business Unlimited Service Plans that include high speed data also include unlimited business emails. 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 30-day plan cycle. Actual data speeds are subject to your wireless device’s capabilities, coverage available in your local area and existing network conditions. Your high speed data will be restored once your next plan cycle begins unless you purchase a new Service 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. Your data allowance will automatically reset once you start your new plan cycle. Once you start a new plan cycle or if you redeem a new Service Plan prior to the end of your plan cycle, you will lose any unused data services and service days remaining on your current Service Plan. You will not receive a refund or credit for any data or service days you lose once a new plan cycle begins.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your access to data, you may sign into Wi-Fi whenever possible, but recognize that some Wi-Fi locations may not be secure. You may use certain mobile apps to help find open networks and to keep track of your data usage. Actual availability, coverage, and data speeds may vary.
Service End Date: Your Service End Date is the last day of your 30-day plan cycle and is determined by the date on which you activate your Service by redeeming a Service Plan. Your Service End Date is automatically reset each time you purchase and redeem a new Service Plan. If you fail to redeem a new Service Plan prior to your Service End Date, your Service will be deactivated on the Service End Date and, if applicable, you may lose your phone number. To prevent this from occurring, please keep your NET10 Business Service active by purchasing a Service Plan before your Service End Date. Notwithstanding your Service End Date, NET10 Business reserves the right to discontinue your Service and deactivate any NET10 Business account for which there is no voice, text or data usage for a period of twelve (12) consecutive months. If your NET10 Business account is deactivated, your Service can be reactivated by purchasing and redeeming a new Service Plan. Once reactivated, however, your phone may be assigned a new phone number.
NET10 Business Reserve: With NET10 Business Reserve, you may purchase and add one or more Service Plans to your Reserve and use them whenever you need. Any Service Plans in your Reserve will be automatically applied to your Account on your Service End Date. You may redeem the Service Plans in your Reserve at any time by accessing your Account. If you are an Auto-Refill customer and add a Service Plan to your Reserve, the Service Plan in your Reserve will take precedence over Auto-Refill and will be applied before your next Auto-Refill purchase is processed.
NET10 Business Auto-Refill: You may enroll in Auto-Refill to purchase your 30-day Service Plan by registering your credit or debit card online at NET10business.com. With Auto-Refill, a new Service Plan will be automatically purchased and added to your Account every 30 days on your Service End Date and your credit or debit card will automatically incur a charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that if you have any Service Plans in your NET10 Business Reserve, these Service Plans will be applied first before an Auto-Refill purchase is processed. Once you have used all of the Service Plans in your Reserve, your Auto-Refill purchases will resume. You may cancel your enrollment in Auto-Refill at any time.
Service Plans have no cash value and are non-refundable. Service Plans cannot be transferred to another NET10 Business Account nor can they be used with or transferred to any other wireless or cellular service.
4. DATA SERVICES
Depending on your phone’s features, functions, and capabilities, you may use data services (“Data Services”) to access the internet and mobile apps to browse, purchase and download online content from websites and apps affiliated with NET10 Business or from other third-party websites and apps. Unless you are using Wi-Fi, any data you access by using your NET10 Business Phone will count against your data balance (“Data Usage”). Data Usage begins when your NET10 Business Phone makes a data connection. This could occurs for example, by opening an internet browser window or an app installed on your device, sending or receiving a multi-media message (a photo or video), initiating a content download, or if internet access is somehow initiated for any other purpose. Data Usage ends when your data connection terminates. Data Usage depends on the size of the content and not the actual time it takes to download or transmit the content or multimedia message. Please note that many apps use data even when they are in the foreground. To restrict an app’s use of data, please refer to your phone’s service guide.
In addition to Data Usage which counts against your data balance, there will be additional charges each time you purchase content to download online (“Content Charge”) unless the content being download is free. Content Charges vary depending on the type of content you purchase and download. You may be advised of any Content Charges prior to finalizing any content you purchase. Any web content or application you purchase and download may only be used or viewed on the NET10 Business Phone used to purchase and download the content and cannot be transferred to another phone or device, including a new or replacement NET10 Business Phone. Web content, app purchases, and app store purchases are non-refundable and non-transferable.
Availability, Interruptions and Discontinuation of Data Service: NET10 Business does not guarantee the availability of Data Services in your coverage area and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available outside of your coverage area. NET10 Business is not responsible and will not be liable for any modifications, interruptions or discontinuation of Data Services or for your failure to receive any purchased web content or application. If Data Services are modified, interrupted, discontinued or cancelled, NET10 Business will not issue any refunds or reimburse you for any unused Services. If you cancel or attempt to cancel a download, the purchase of web content or a application, or the transfer of a multi-media message in progress, or if either of these or any other similar processes are otherwise interrupted through no action on your part, it is possible that you still incur a charge in accordance with these Terms and Conditions.
Data Services are provided on an “AS IS” and “AS AVAILABLE” basis. NET10 Business does not warrant that Data Services will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content accessed when using Data Services. You expressly agree and acknowledge that use of Data Services is at your sole risk and that you may be exposed to content from various sources that may be harmful or malicious.
Non-Rated Content: Content that can be accessed or viewed by using your Data Services is not rated or filtered by NET10 Business and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. Anytime you use Data Services, you agree not to hold NET10 Business liable for any offensive or objectionable content. Data Services are not intended for use by children. In the event that you, as a legal guardian allow your child to use your phone’s Data Services, you acknowledge that your child has the permission to use the Data Services available on your phone, including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Not all websites will be available with NET10 Business Data Service. Access to certain websites may be blocked or unavailable due to carrier or other restrictions.
Data Services are for individual use only and may not be offered for resale. NET10 Business reserves the right to take measures to protect the Carrier’s networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Data Service, and we reserve the right to deny, modify or terminate your Data Services, with or without notice, if we believe you are using your Data Services in a manner that adversely impacts a Carrier’s network. We may monitor your compliance with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
5. NET10 Business UNLIMITED PLANS INTENDED USE
NET10 Business 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 Business 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 Business’s 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 Business 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 Business Service. NET10 Business reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone it believes is using their Service in an unauthorized manner or whose usage, in NET10 Business’s sole discretion, adversely impacts a Carrier’s network or customer service levels. NET10 Business will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in NET10 Business’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 Business 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 without an unlimited usage component.
NET10 Business 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 Business: (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 Business customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, NET10 Business’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 Business’s right to terminate your Service under these circumstances.
NET10 Business 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 Business UNLIMITED PLAN FEATURES CANNOT BE USED FOR: (i) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all Hotspot applications), (ii) any applications that tether your NET10 Business Phone to a laptop or personal computer other than for the use of Wireless Sync, or (iii) any applications that allow your Phone to act as an internet access point or Wi-Fi for other devices and computers.
6. 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 Business. NET10 Business 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 Service and data speeds or not Data Service or 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 Business 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 or change 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 Business plan you select. NET10 Business is not responsible for any Service outages, interruptions in Service or decline in the quality of Service regardless of the cause.
7. EMERGENCY CALLS
If you are in an area where your NET10 Business 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 Business Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
8. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of NET10 Business’s control. Not all Service Plans or services may be available for purchase or use 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 Business reserves the right to substitute and/or replace any NET10 Business equipment (including phones) with other NET10 Business 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 phone. NET10 Business does not warrant or guarantee the availability of Services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither NET10 Business, 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 Business Phone outside during a lightning storm. You should also unplug the NET10 Business 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.
9. UNAUTHORIZED USAGE; TAMPERING
NET10 Business Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your NET10 Business Product constitutes a violation of your agreement with NET10 Business and will invalidate the Limited Warranty associated with your Product. You agree not to unlock, reflash, tamper with or alter your NET10 Business Product in a manner which conflicts with NET10 Business’s Unlocking Policy referenced in Section IV below. You also agree not to enter unauthorized Service Plan PINs or engage in any other unauthorized or illegal use of your NET10 Business Product or the Service, or assist others in such acts, or to sell and/or export NET10 Business Products outside of the United States. Improper, illegal or unauthorized use of your NET10 Business Product may result in immediate termination of your Service without notice and legal action. NET10 Business will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law.
If your NET10 Business 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, and not to allow any other person 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. 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.
In the event of termination for any other unauthorized usage, You will forfeit unused airtime and service and you will not be entitled to receive a refund for your NET10 Business Product or for any unused airtime and service.
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 roaming, an indicator light on your NET10 Business Phone may display the word “Roam” or “RM” on the screen while the phone is not in use. There are no additional charges for roaming calls with your NET10 Business Service. NET10 Business does not guarantee the availability and/or quality of it Service while you are roaming. Access to Data Services may not be available while roaming. National roaming capability may be discontinued or changed at any time without notice. NET10 Business reserves the right to terminate the Service of any customer who is roaming for 50% or more of usage in any 3 billing cycles within a 12 month period.
11. LIMITED WARRANTY
A new or reconditioned NET10 Business Phone is covered by a one year limited warranty administered by NET10 Business as set forth below.
NET10 Business accessories have a ninety (90) day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from NET10 Business.
Certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.
How To Obtain Warranty Service. To obtain warranty service from NET10 Business on a new or reconditioned NET10 Business phone or accessory purchased from NET10 Business, please contact Customer Care at 1-844-638-1028. If your problem cannot be resolved over the phone, our NET10 Business technicians will provide you with a Return Authorization Number, which you will use to send your phone and/or accessories to the designated Service Center for repair or replacement, at NET10 Business’s option.
Terms of Limited Warranty. NET10 Business warrants that your NET10 Business phone or accessory (“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 a new or reconditioned NET10 Business Phone extends for one (1) year beginning on the date of the purchase of your new or reconditioned NET10 Business Phone. The limited warranty on a NET10 Business accessory extends for ninety (90) days beginning on the date of the purchase of your NET10 Business accessory.
2. The limited warranty offered by NET10 Business extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer. Upon request from NET10 Business, the Consumer 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 Business will replace or repair, at NET10 Business’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 Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. 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 Business’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 Business for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. NET10 Business shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
4. 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 Business, 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 Business.
(c) NET10 Business 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 one (1) year Limited Warranty period.
5. NET10 Business does not warrant uninterrupted or error-free operation of the Product or service. NET10 Business 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 Business Customer Care for repair or replacement processing of the Product. NET10 Business 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.
6. 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.
7. NET10 Business EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE LIMITED WARRANTY SET FORTH HEREIN IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NET10 Business SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, SAVINGS OR REVENUE, LOSS OF DATA OR USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL OR SUBSTITUTE EQUIPMENT OR FACILITIES, INJURTY TO PROPERTY DOWNTIME, OR THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT AND/OR SERVICE OR ARISING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NET10 Business KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NET10 Business 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 AND OTHER CONTENT.
8. 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.
9. NET10 Business 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.
10. This is the entire warranty between NET10 Business 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.
11. This limited warranty allocates the risk of failure of the Product between the Consumer and NET10 Business. The allocation is recognized by the Consumer and is reflected in the purchase price.
12. LIMITATION OF LIABILITY
NET10 Business is not liable to you, other users of your NET10 Business Service, or any third party for any failure to post, receive, process or credit a payment for your NET10 Business Service including, without limitation, any failure to add or credit any airtime or due date information to your NET10 Business Phone or for any other claim arising out of or in any way related to your NET10 Business Service.
NET10 Business 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 Business 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 Business Phone to NET10 Business for any reason, NET10 Business 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 Business Phone or which may remain on your NET10 Business 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 Data 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 Business, 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 Business WIRELESS SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, DATA SERVICES OR OTHER WEB CONTENT, EVEN IF NET10 Business, 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 Business, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree to indemnify and hold harmless NET10 Business 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 Business Phone and/or NET10 Business Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
14. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care department at 1-844-638-1028. 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 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: 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.
15. 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.
17. NET10 Business UNLOCKING POLICY
For Customers with NET10 Business Handsets Capable of Being Unlocked: NET10 Business will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) Customers must request handset unlocking. NET10 Business will unlock handsets of current and former NET10 Business customers without charge. Non-former customers may request unlocking, but NET10 Business may charge a reasonable fee.
(b) The NET10 Business Handset must have been activated on NET10 Business Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(c) Customers must possess a NET10 Business Handset that is not reported stolen, lost, or associated with fraudulent activity.
(d) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, NET10 Business will honor that customer’s unlocking request.
NET10 Business may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud NET10 Business or its customers. NET10 Business’s Unlocking Policy is subject to change at any time without advance notice.
For Customers with NET10 Business Handsets not Capable of Being Unlocked: Beginning September 1, 2015, NET10 Business will provide customers with a partial refund or credit against the purchase of a new NET10 Business Handset if they meet the following conditions:
(a) Customers must request handset unlocking.
(b) Customers must have had their locked device activated on NET10 Business 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 Business 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 Business Handset model launched on NET10 Business’s Service after February 11, 2014 or activated with NET10 Business’s Service after February 11, 2015.
(e) Customers must possess a NET10 Business Handset that is in working condition.
(f) Customers must possess a NET10 Business Handset that is not reported stolen, lost, or associated with fraudulent activity.
(g) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, NET10 Business 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. However, all other eligibility criteria apply to NET10 Business’s customers who are deployed military personnel.
(h) Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts NET10 Business to request the trade-in value of his or her handset, NET10 Business will provide a prepaid mailer for the customer to return the used, locked handset. Upon receipt of the device, NET10 Business will send the customer a check for the trade-in value of the handset. The trade-in value is determined by a formula reached through agreement with the FCC. Next year, after handsets capable of being unlocked have been launched by NET10 Business, an eligible customer may elect to have the trade-in value of their handset applied to the cost of a new NET10 Business Handset 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 Business website or by calling 1-888-442-5102.
18. ENTIRE AGREEMENT
© 2015 TracFone Wireless, Inc.
© 2016 TracFone Wireless, Inc. All Rights Reserved. NET10 Business is a trademark of TracFone Wireless, Inc. Other trademarks, service marks and trade names are the property of their respective owners. ^ Restrictions, terms and conditions of service apply. NET10 Business reserves the right to terminate your service for unauthorized or abnormal use. Please refer always to the latest Terms and Conditions of Service at www.net10business.com. After your high-speed data is used, the speed of your email transmissions will be reduced to 2G speeds for the remainder of the 30 day cycle. High-speed transmission emails are restored once a new 30 day cycle begins. Your purchase, activation and/or use of your NET10 Business Bring Your Own Phone and services are subject to the Terms and Conditions of Service found in this package and available at net10business.com. In the event of a conflict, the Terms and Conditions of Service available at net10business.com will control. NET10 Business Bring Your Own Phone works only with the NET10 Business Airtime Service Plans. Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plans, rates, features, functionality and other product specifications are subject to change without notice or obligation. Bring Your Own Phone Activation Kit is not refundable.