PAGE PLUS TERMS AND CONDITIONS
Please read and understand these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and Page Plus Cellular (“Page Plus”). Page Plus 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.
By purchasing or using any Page Plus product (“Product”) or service (“Service”), including, but not limited to any Page Plus phone, plan, or accessory, you acknowledge and agree to these Terms and Conditions of Service. These Terms and Conditions of Service are subject to change at any time and without notice. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding on you when posted on the Page Plus website at pagepluscellular.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 Customer Care at 1-800-550-2436.
1. ACTIVATING AND USING YOUR PAGE PLUS SERVICE
To use Page Plus Service, you must activate a Page Plus Phone or use your own compatible wireless phone. You may activate your Page Plus Phone by contacting Customer Care from a landline phone, by visiting the Page Plus website, by visiting an authorized dealer, or by purchasing an activated handset from an authorized Page Plus Cellular reseller. When you activate your Service, you will have the option of registering with us and providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.
Your Page Plus Phone can only be used with Page Plus Service and cannot be activated with any other wireless carrier or service. Page Plus provides Service at its discretion. Some functions and features referenced in the Manufacturer’s manual provided with your phone may not be available. Page Plus 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 Page Plus’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 Page Plus features are available only on Page Plus phones purchased from Page Plus and may not be available if you have purchased a Service plan for your compatible wireless phone. All plans, rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.
If you are using your own compatible phone, it must be compatible and not interfere with Page Plus’s Service, and it must comply with all applicable laws, rules and regulations. Devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund. You are responsible for ensuring that any compatible wireless phone that you use is compatible with our 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 to use the Service. 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 Page Plus Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Page Plus. When you activate your 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 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 Service) at any time. Any unused Service at the time of termination will not be refunded. Page Plus 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 phone or 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 phone or 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 Page Plus Phones.
Any promotional or bonus minutes that are included with a new Page Plus Phone or are issued upon activation of your phone are not transferable or refundable. Promotional minutes and bonus minutes have no cash value. Any attempt to transfer promotional, bonus or other free minutes may result in the permanent deactivation of your phone and Service without a refund.
3. PAGE PLUS PLANS
Your Service will operate only when you have airtime minutes and service days available. Airtime is issued in minute increments. In order for you to use the Service you must establish and add minutes to your Page Plus account (“Account”) by purchasing a Service plan (“Service Plan”). Your Account is identified by the phone number assigned to you. Please visit our website for the latest information regarding the Service Plans we offer.
Page Plus Monthly Plans provide a fixed amount of data for each monthly plan cycle depending on which you Monthly Plan you select. After you reach the maximum amount of data usage allowed under your Plan, you will no longer have access to Data Services unless you purchase an additional data allowance. Data allowances are restored after a new Monthly Plan is purchased and redeemed at the end of your monthly plan cycle. 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 speed may vary.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your access to Data Services, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities – but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.
Airtime minutes have no cash value and are non-refundable. The balance on your Page Plus account cannot be refunded, nor can it be split, transferred, or redistributed to another Page Plus account. Your Page Plus airtime and minute balance can only be used with the Page Plus Service and cannot be used with or transferred to any other wireless or cellular service.
Airtime minutes will be deducted for all time during which your phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send,” “call” or other button to initiate or answer a call, and does not end until you press the “end” button. Airtime minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, calls to toll free numbers, 411, 611, Customer Care, and to access your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) airtime minutes will be deducted for each call. Airtime minutes are not deducted for calls to #737 and 911. For outbound calls, you may be charged airtime minutes for incomplete, busy and/or no answer calls. Airtime minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. No credit is given for dropped calls.
Each Page Plus prepaid airtime card or PIN receipt identifies the number of minutes available for using Page Plus Service. Airtime minutes are available for your use for a month if you are on a Monthly Plan or for a period of 120 days if you are on a Pay-As-You Go Plan, beginning the day you purchase and activate the card and add the minutes to your Account (the “Service Extension Date”). You must add a Service Plan to your Account in a timely manner before the expiration of the Service Extension Date. If you do not purchase and add a Service Plan to your Account prior to your Service Extension Date, your Service will be deactivated and you will lose your entire unused balance. If you are on a Monthly Plan your account will be suspended after the expiration of your Service Extension Date and will be deactivated after 60 days. If you do not purchase and add a Service Plan to your Account within 30 days from your Service Date Extension, Page Plus may also reassign your phone number to a different user. If your phone number is deactivated for non-use as described above, a new phone number will be assigned to you in the event you resume using Page Plus Service.
4. TEXT MESSAGING
There may be additional fees charged for sending and receiving text messages. The rates for sending and receiving a text message using the Service varies by Service Plan. Specific rates can be found on the description page for each Service Plan on our website. Page Plus permits international text messaging as part of their international long distance offering, depending on phone model compatibility and service availability. Some phone models may not support international text messaging. For more information regarding international long distance service please see below.
5. INTERNATIONAL CALLING
Page Plus offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions of service apply to Page Plus customers who purchase and/or use a Page Plus Monthly Plan that provides minutes for international calling or a $9 Global Calling Card. By purchasing or using Page Plus ILD Service, you accept the terms and conditions set forth below as such terms may be updated from time to time on our website.
Page Plus ILD Service will allow you to place calls to select destinations internationally. It will not allow you to place calls to all destinations or to all countries. ILD Service excludes calls to higher cost cellular and wireline, non-geographic and premium numbers. The destinations which are available may change without notice at any time. Page Plus ILD Service is not a substitute for regular international calling services. Page Plus ILD service excludes certain call types such as calls to non-geographic and premium numbers.
To review the destinations included in a Page Plus Monthly Plan with ILD Service included, please check our website atpagepluscellular.com/global-monthly-countries. If you want to call a destination or telephone number that is not included in a Page Plus Monthly Plan with ILD Service, you may purchase and use a prepaid $9 Global Calling Card.
You may purchase and add minutes to your ILD balance in $9 increments by purchasing a $9 Global Calling Card available from Page Plus directly by calling 1-800-550-2436, online at pagepluscellular.com/plans/global/, or through an authorized Page Plus dealer. The mobile phone number you provide when purchasing a $9 Global Calling Card will be the service line that is permitted to dial internationally. You are responsible for preventing the unauthorized use of your Page Plus Account and ILD Service, and you are responsible for any reduction in value of your Account arising out of any authorized and unauthorized use. Your Page Plus ILD Service will be available as long as your Account is active.
If you are using a $9 Global Calling Card, the rates to specific countries, regions or cities are available at pagepluscellular.com/global-card-rates. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Minutes will be deducted for all incoming and outgoing international calls, including incoming call waiting calls, simultaneous calls, misdialed numbers and busy destination numbers from the moment the call is attempted (when you press the “Send” button on your phone). No credit is given for dropped 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. If you are using the $9 Global Calling Card in conjunction with a Page Plus Plan with a specified number of minutes (non-unlimited), the airtime minutes spent on international calls will reduce the total number of airtime minutes purchased through your Page Plus Plan.
ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with Page Plus. 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.
ILD service is intended for live dialogue between, and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as calls originated by the owner of the Page Plus Phone to an international destination to initiate conversation between two individuals. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data 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 Page Plus Phone or Service to other persons for their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use.
Page Plus will presume a customer is engaged in non-personal use in violation of these Terms and Conditions of Service if their international long distance calling usage exceeds three times the average usage of our ILD subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice. If you believe there is an error with your Page Plus ILD service, you may contact Customer Service at 1-800-550-2436 and depending on the circumstances, we may reactivate your Page Plus ILD service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions of Service, we reserve the right to suspend, terminate or restrict your Page Plus ILD service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
Furthermore, you agree not to use Page Plus ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, in a way that (1) interferes with our ability to provide the ILD Service to you or to other customers; or (2) violates applicable law or this Agreement; (3) avoids your obligation to pay for the ILD Service; or (4) is not for consumer use. You also agree not to resell the Page Plus 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.
6. DATA SERVICES
With certain Page Plus Phones you can access the internet to purchase ringtones, graphics and applications and utilize multi-media services “MMS” to send and receive content (collectively, “Data Services”). Data Services are additional services offered by Page Plus Cellular and there is an additional charge for the use of these services (“Access Charges”). Unless you are using Wi-Fi, there is always an Access Charge associated with accessing the Mobile Web, sending or receiving a picture message and downloading content.
Access Charges begin when your Page Plus Phone makes a data connection. This should occur after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download or if Mobile Web access is initiated for any other purpose. Access Charges end when the data connection terminates. Access Charges end when the connection to the Mobile Web terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message (e.g., a picture), after a successful content download or when you exit a Mobile Web session. The Mobile Web Access duration and the related Access Charges are NOT determined from the exact moment you press a button on your Page Plus Phone to open or close the browser. Total Access Charges will depend on the size of the content and the actual time it takes to download or transmit the content or multimedia message.
In addition to Access Charges, there will be a charge each time you purchase content to download (“Content Charge”). Content Charges vary depending on the type of content you purchase and download. You will be advised of the Content Charges prior to finalizing your purchase. Any Web Content you buy and download may only be used or viewed on the Page Plus Phone for which the Web Content was purchased and cannot be transferred to any other device, including a new or replacement Page Plus Phone. Web Content purchases are non-refundable and non-transferable.
Availability, Interruptions and Discontinuation of Data Service: Page Plus does not guarantee the availability of Date Services in your coverage area at any time 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. Page Plus 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. If Data Services are modified, interrupted, discontinued or cancelled, Page Plus will NOT issue any refunds or reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may incur a charge in accordance with these Terms and Conditions.
Page Plus Data Services are provided on an “AS IS” and “AS AVAILABLE” basis. Page Plus 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 of Page Plus’s Data Service. 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.
Downloadable Third Party Web Content and Applications: You may download free and purchased Web Content and applications (“Web Content/Apps”) from third parties that are unrelated to Page Plus. If you are using Wi-Fi, data will not be deducted from your data balance. For such third party downloads, Page Plus is not responsible for the Web Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Web Content/Apps. Any support questions for these Web Content/Apps should be directed to the third party seller. When you use, download or install Web Content/Apps sold by a third party, you may be subject to license terms between you and the third party seller. Page Plus is not responsible for any third party content, advertisements, or websites you may access using your Page Plus Phone.
Non-Rated Content: Data Services content is NOT rated or filtered and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Page Plus 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 access the Data Services available on your Page Plus 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 Service 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. Availability and reliability of Data Service is subject to transmission limitations, and your actual device speed may vary from time to time. Not all websites will be available with Page Plus Data Service. Access to certain websites may be blocked or unavailable due to carrier or other restrictions.
Page Plus Data Service is for individual use only and may not be offered for resale. Page Plus 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 Data Service, with or without notice, to anyone we believe is using the Page Plus Data Service in a manner that adversely impacts the Carrier’s network. We may monitor the compliance of subscribers, with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
7. INTENDED USE OF PAGE PLUS PLANS
Page Plus 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. National roaming capability may be discontinued or changed at any time without notice. Page Plus 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.
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 Page Plus 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. Page Plus 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 Page Plus Service. Page Plus reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone Page Plus believes is using their Service in an unauthorized manner or whose usage, in Page Plus’s sole discretion, adversely impacts a Carrier’s network or customer service levels. Page Plus will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in Page Plus’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 these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan with no unlimited usage component.
Page Plus 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 Page Plus: (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 Page Plus customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network, Page Plus’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 Page Plus’s right to terminate your Service under these circumstances.
Page Plus 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.
8. MONTHLY CHARGE
In addition to the charges per service incurred pursuant to your Plan, we may charge a monthly maintenance fee. Currently, customers on our “Standard” plan are billed a monthly maintenance fee of $0.50. Customers on our “Unlimited Nights & Weekends,” “Unlimited Anytime 24/7,” and “Monthly” plans are not currently billed a monthly maintenance fee.
Coverage maps are available on our website. These maps are for general informational purposes only and depict the general coverage area of Page Plus. Page Plus 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 no 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 Page Plus 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. Page Plus is not responsible for any Service outages, interruptions in Service or decline in the quality of Service regardless of the cause. Actual coverage and Service may vary from the maps and change without notice.
Roaming occurs whenever you make or receive a call using a transmission site outside your home coverage area or using another company’s transmission site. Your Page Plus Phone may sometimes connect to and roam on another company’s network even when you are within your coverage area or local calling area. There may be extra charges (including charges for long distance, tolls, or calls that do not connect) and higher rates for roaming calls, depending on your plan. Availability, quality of coverage and Services while roaming are not guaranteed.
11. EMERGENCY CALLS
If you are in an area where your Page Plus 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 Page Plus Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
12. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Page Plus’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. At any time, Page Plus reserves the right to substitute and/or replace any Page Plus equipment (including phones) with other Page Plus 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 Page Plus Phone. Page Plus does not warrant or guarantee the availability of network Services or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither Page Plus, 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 Page Plus Phone outside during a lightning storm. You should also unplug the Page Plus 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.
13. UNAUTHORIZED USE; TAMPERING
Page Plus Phones are sold exclusively for use by you, the end consumer, with the Page Plus Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your Page Plus Phone, including without limitation, any resale, unlocking and/or reflashing of a Page Plus Phone is unauthorized and constitutes a violation of your Agreement with Page Plus. You agree not to unlock, reflash, tamper with or alter your Page Plus Phone or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your Page Plus Phone or Service, assist others in such acts, or to sell and/or export Page Plus Phones outside of the United States. These acts violate Page Plus’s rights and could violate state and federal laws. Improper, illegal or unauthorized use of your Page Plus Phone is a violation of this Agreement and may result in suspension or immediate discontinuation of Service and legal action. Page Plus will prosecute violators to the full extent of the law. In the event of suspension or deactivation of your Service, you will not be entitled to receive any refunds for your Page Plus Phone or unused airtime.
14. LIMITED WARRANTY
A new Page Plus Phone is covered by a one year limited warranty administered by Page Plus and TracFone Wireless, Inc. A reconditioned Page Plus Phone also has a one year limited warranty provided by Page Plus and all Page Plus accessories have a 90-day limited warranty against defects in materials and workmanship under normal use by the purchaser.
How To Obtain Warranty Service: To obtain warranty service on a new or reconditioned Plus Plus Phone or Page Plus accessory please contact Customer Service at 1-800-550-2436. If your problem cannot be remedied over the phone, our Page Plus technicians will assist you in sending your Page Plus Phone or accessories to the designated Service Center for repair or replacement, at Page Plus’s option.
Page Plus wants to ensure that you are satisfied with the purchase your handset or accessory. As a result, if, for any reason, other than a claim of breach of warranty or defect, you are not satisfied with your handset or accessory, you may return the handset or accessory to us within twenty (20) business days of the original date of shipment, postage prepaid, and we will refund your full purchase price minus a 20% restocking fee. Refunds are only available to you if you purchase your handset or accessory directly from Page Plus Cellular.
Additionally, the following conditions must be met in order to qualify for a refund: (a) the Product must be in “as new” condition; (b) the Product must be returned in the original packaging; and (c) all parts must be returned with the Product (including, but not limited to, the manual, charger, etc.).
You are responsible for paying the return shipping cost of handsets and accessories. All returns under this section must be shipped to Page Plus Cellular, Attn: Returns, 2035 S. Reynolds Road, Toledo, OH 43614-1409.
Page Plus does not control the sale policies of its dealers or other third parties. Therefore, any refunds for handsets or accessories purchased from a Page Plus dealer or from any other source other than Page Plus, are at the sole discretion of such seller and Page Plus shall not be liable to you in any manner for your purchase of a defective handset from any third party. Page Plus will not issue refunds for any handsets or accessories sold by any third parties, including any handsets or accessories sold by any Page Plus dealers.
Exclusions and Conditions: This limited warranty does not cover damage or failure caused by abuse or misuse of the Page Plus Phone or Page Plus accessories. Page Plus does not provide refunds. YOUR LIMITED WARRANTY EXCLUDES ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE PROVIDED BY LAW.
DISCLAIMER OF WARRANTIES: EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PERSONS TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
15. LIMITATION OF LIABILITY
Page Plus is not liable to you, other users of your Page Plus Service, or any third party for any failure to post, receive, process or credit a payment for your Page Plus Service including, without limitation, any failure to add or credit any airtime or due date information to your Page Plus Phone or for any other claim arising out of or in any way related to your Page Plus Service.
Page Plus will not be liable for any act or omission of any other person or 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. In the event a Page Plus phone is returned to Page Plus for replacement or repair under warranty or returned for any other reason, Page Plus is not liable nor responsible for any unauthorized use and/or loss of voice mail, personal information, user names, passwords, contacts, emails, messages, music, ringtones, pictures, videos, applications or other content on your Page Plus Phone.
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) Web 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 Page Plus 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 PAGE PLUS, ITS EMPLOYEES, 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 ANY PAGE PLUS PRODUCT AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, VOICE SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, DATA SERVICES, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF PAGE PLUS, ITS 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, PAGE PLUS, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree to indemnify and hold harmless Page Plus 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 Page Plus Phone and/or Page Plus Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
17. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care department at 1-800-550-2436. As such, you agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents and other information concerning the dispute and your proposed resolution before taking any legal action. If we are unable to reach a resolution of your dispute within sixty (60) days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in this provision. You may forward your dispute to: TracFone Wireless, Inc., Attn: Executive Resolution Department, 9700 NW 112 Avenue, Miami, FL 33178.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF CERTAIN DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE, EXPORT, ALTERATION AND/OR TAMPERING WITH YOUR PAGE PLUS PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS) THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT WITH YOU.
This provision is intended to encompass all consumer disputes or claims arising out of your relationship with Page Plus, 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 theory). Nothing contained in this arbitration provision shall preclude Page Plus from bringing claims concerning the unauthorized sale, export, alteration and/or tampering with your Page Plus Phone, its software, the Services and/or PIN numbers, in state or federal court and such claims are expressly excluded from this arbitration provision. References to you and Page Plus include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns. All customer or consumer claims will be resolved through binding arbitration where permitted by law. Before you may pursue your claim in arbitration, you must first present any claim or dispute to Page Plus by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating an arbitration proceeding. 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 “AAA Rules”), as modified by this agreement. The AAA Rules are available online at adr.org or by contacting the AAA at 1-800-778-7879. You and Page Plus agree that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Page Plus agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and Page Plus in accordance with the AAA Rules, except that Page Plus will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses and preparation and presentation of evidence. 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 waive to the fullest extent permitted by law, (a) any right to pursue any claims on a class or consolidated basis or in a representative capacity, (b) the right to a trial by jury and (c) any claims for punitive or exemplary damages. Unless Page Plus and you agree otherwise, the location of any arbitration shall be Miami, Florida. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute. Except where prohibited by law, Page Plus and you agree that no arbitrator has the authority to award special, consequential and/or punitive damages or any other damages other than the prevailing party’s actual damages. Neither you nor Page Plus 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.
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
This Agreement constitutes the entire agreement between You and TracFone Wireless, Inc. with respect to any Page Plus Product and/or Services. The failure of either party to enforce at any time any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
© 2014 TracFone Wireless, Inc.