CLEARTALK Terms and Conditions
Wireless Phone Service Provider
IF YOU USE THE SERVICE OR OTHER DEVICE SOLD BY CLEARTALK, INCLUDING THE NAKED MOBILE BRAND, OR IF YOU PAY ANY AMOUNT BILLED TO YOUR ACCOUNT, YOU CONSENT TO THE CLEARTALK TERMS AND CONDITIONS SET FORTH HEREIN.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE OR DEVICE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE AND RETURN THE DEVICE. IN ORDER TO QUALIFY FOR A REFUND, THE DEVICE MUST BE RETURNED WITH LESS THAN ONE HOUR OF USE WITH THE ORIGINAL RECEIPT TO THE ORIGINAL PLACE OF PURCHASE WITH ITS ORIGINAL PACKAGING AND ACCESSORIES IN LIKE NEW CONDITION WITHIN 30 DAYS OF PURCHASE.
This is an agreement (“Agreement”) for wireless radio telecommunications services and related services and/or features (“Service”) between you and CLEARTALK (Flat Wireless, L.L.C) or its affiliate or dealer licensed to provide Service in the area associated with your assigned telephone number(s) (each a “Number”). The term “DEVICE” means the wireless receiving and transmitting equipment that we have authorized to be programmed with the Number. CLEARTALK is a licensed trademark of NTCH, Inc. Naked Mobile is a brand and service of Smith Bagley, Inc. (“SBI”). CLEARTALK offers Naked Mobile service through a distribution and licensing agreement with SBI.
The term of these Terms and Conditions for each Number begins on the date we activate Service for that Number. These Terms and Conditions will continue until terminated by either party OR AT THE TIME PAYMENT IS NOT RECEIVED. YOU MAY TERMINATE THESE TERMS AND CONDITIONS WITHIN 30 DAYS AFTER YOUR ACTIVATION DATE AND WITHIN 1 HOUR OF PHONE USE. YOU AGREE TO PAY US ALL AMOUNTS OWING FOR EACH NUMBER AND ALSO ALL COLLECTION COSTS, INCLUDING ATTORNEYS’ FEES. Your Service rates and other charges and conditions for each Number or Device are described in the Plan Guide that is a part of these Terms and Conditions. By accepting and using any additional service(s), including but not limited to voicemail, caller ID, or call waiting, after the expiration of any free or promotional period, you agree to pay any applicable service charges for your use of any additional service(s).
b. Use of Device/Service/Number
You agree not to use the Device or Service for any unlawful or abusive purpose or in any way that damages our property or interferes with or disrupts our system or other users. You may not use the Device or Service for the transfer of data, fax and/or messaging numbers. You shall comply with all laws while using the Service and you shall not transmit any communication, which would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit through your device. Resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. You agree that we may change your Number by giving you notice. Your Device may contain pre-installed software necessary to use the Service. By using the Service, you agree to abide by the CLEARTALK Terms and Conditions and any applicable software license(s).
c. Unauthorized Usage
You may not program the Number into any equipment other than a Device or change the electronic serial number (ESN) or Equipment Identifier (EID) of the Device. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, and possible after, you will still remain responsible for all charges made to your account. We have the right to interrupt or restrict Service to your Account, without notice to you, if we suspect fraudulent, illegal or abusive activity. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable laws, we reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Cleartalk, in its sole discretion, believes is infringing these rights. Cleartalk may terminate the Service at any time with or without notice for any affected customer or user. Violations of the policy include upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage. If your CLEARTALK Device is lost or stolen: promptly contact the CLEAR TALK Customer Care at 877-797-1696 or visit the nearest store. Ask them to suspend your Service and specify whether your Device was lost or stolen. If your Device was stolen, promptly contact your local law enforcement agency (e.g., police or sheriff) and file a report, and/or contact your insurance carrier if applicable.
d. Availability/Service Area/Service Interruption, Suspension/Call Monitoring
Service is normally available to your Device when it is within the operating range of our system and will not be available outside of that area nor in other participating carrier service areas except as part of Optional Coverage Areas available through your plan. Service is subject to transmission limitation or interruption caused by atmospheric, topographical and other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations and system modifications or repairs. Service suspension or deactivation may also result from nonpayment of charges by you or for abusive, excessive and/or fraudulent use by you, including but not limited to excessive call lengths, excessive airtime usage, excessive time off our home network, and/or any data, fax or messaging number communications. We have blocked calls to certain categories of numbers (e.g. 976, 900 and international destinations). Although we attempt to block calls to such numbers when allowed by law, we retain the right to bill the Customer if CLEARTALK incurs charges payable to third parties for such calls. Customer consents to CLEAR TALK monitoring Customer’s calls to CLEAR TALK in order to insure quality. It is understood by both parties that Flat Wireless, L.L.C., complies will all Federal and State regulations concerning Emergency 911 Access. It is also understood that Flat Wireless, L.L.C. shall not be held liable for any delay or failure in performance of Emergency 911 Access from any cause beyond its control and without its fault or negligence including, without limitation, acts of nature, acts of civil or military authority, terrorist acts, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather conditions, unexpected power or equipment failures, collectively, a “Force Majeure Event”. Flat Wireless, L.L.C. shall use reasonable effort to repair and restore service interruptions caused by Force Majeure Events.
e. Abusive, Excessive or Fraudulent Use of Service
This plan is intended to serve individuals and businesses for personal voice wireless telephone services. We reserve the right to terminate, suspend, deactivate, or impede the usage capabilities of your account, at our discretion, for abusive, excessive and/or fraudulent use of the Service, including but not limited to excessive call lengths, excessive airtime usage, excessive time off our home network and/or any excessive data usage, fax or messaging number communications. Inappropriate or abusive behavior by any individual is grounds for termination of account.
f. Long Distance Generally
CLEARTALK Long Distance Service only applies to calls within the Continental United States and does not include calls to international numbers. Subscriber should not attempt to make calls to international numbers. Alaska, Hawaii, and the U.S. Territories may be available under certain calling programs, but are not part of CLEARTALK’s regular Long Distance Service. You must be preauthorized through the CLEARTALK Customer Care at 877-797-1696 to be able to make calls to: Alaska, Hawaii, or the U.S. Territories. The Customer Care at 877-797-1696 will disclose the per-minutes rates and charges that will pertain to initiating any such calls. CLEARTALK will make every attempt to block unauthorized call destinations. In the event that a Subscriber makes call(s) to an unauthorized location using the Long Distance Service, the Subscriber shall be subject to any additional airtime charge(s) for such call(s). Additional airtime charges will be billed at the rate of the cost times two (2). Long Distance Service may be sold in a package that includes an allotted amount of minutes as defined in the ClearTalk Plan guide that is part of these terms and conditions. Airtime usage is billed in full minute increments, with partial minutes of use rounded up to the next full minute. Unused Long Distance Service minutes do not carryover to the next billing period.
g. Deposits and Credits
You hereby authorize us to ask consumer-reporting agencies or trade references to furnish us with your employment and credit information, and you consent to our periodically rechecking and reporting of personal and/or business payment and credit history. After approximately 90-days following termination or expiration of these Terms and Conditions any remaining credit balance in excess of $10.00 will be returned without interest to you at your last known address. You hereby agree that any amounts under $10.00 or amounts that are otherwise undeliverable to you will be credited to us to cover the cost of closing your account.
h. Network Traffic Management
CLEARTALK reserves the right to manage our network and the traffic on our network in the way we believe best benefits our customers and best enables us to maintain Service of the nature described in this Agreement. We have determined that our ability to provide Service to our customers is disrupted when you place an abnormally high number of calls, repeatedly place calls which result in abnormally long call lengths, high or disproportionate use, or otherwise use our Services or network in excess of our expectations for the normal amount of use by our customers. If you use your service in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers or degrade service quality for other customers, we may suspend, terminate, or restrict your Service. Some elements of multimedia messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. We reserve the right to change the multimedia message size limit at any time without notification. Text message notifications may be sent to non-multimedia messaging subscribers if they subscribe to text messaging. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited. CLEARTALK also reserves the right to restrict, or otherwise prevent access to services, countries, carriers, destinations that CLEARTALK determines, in its sole discretion, are inconsistent with the nature of Service provided by CLEARTALK, are indicative of uses not permitted hereunder, or result in abnormally long calls, or abnormally high usage. We also may block calls to telephone numbers at the request of the called party. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by CLEARTALK on the basis of such competition. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on a device.
You are responsible for paying all charges to your account, including but not limited to: access, excessive airtime, long distance, roaming, directory and operator assistance charges, additional services such as voicemail, caller ID, call waiting, detailed billing reports, the price of Phones, other devices, and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments or recoveries reasonably determined by us to be imposed on you or us as a result of the use of the Service on your account or the purchase of goods. We accept payments made in cash, check, money order or credit cards. You may, however, be charged an additional fee for making payments via credit cards. THERE ARE NO REFUNDS OR PARTIAL REFUNDS IF YOUR ACCOUNT IS DEACTIVATED AT YOUR REQUEST AFTER YOUR MONTHLY PAYMENT HAS BEEN RECEIVED. IF YOU HAVE NOT PAID YOUR FULL MONTHLY SERVICE CHARGE PRIOR TO THE MONTHLY BILLING CYCLE YOUR PHONE WILL BE SUSPENED AND WILL NOT BE ABLE TO USE YOUR HANDSET OR OTHER DEVICE AND WILL BE REQUIRED TO REACTIVATE YOUR SERVICE. ADDITIONALLY, CLEAR TALK WILL NOT AUTOMATICALLY PROVIDE YOU WITH A REFUND OF REMAINING SERVICE FEES IN YOUR ACCOUNT IF YOUR SERVICE IS TERMINATED OR SUSPENED FOR ANY REASON, YOU CAN REQUEST A REFUND OF THE REMAINING FUNDS IN YOUR ACCOUNT, IF ANY, NET OF ANY CHARGES DUE BY REQUESTING A REFUND IN PERSON AT THE CLEARTALK LOCATION AT YOUR NEAREST CLEARTALK STORE. THE FUNDS WILL EXPIRE NINETY (90) DAYS AFTER TERMINATION OF SERVICE OR SUSPENSION. IF YOU HAVE NOT REQUESTED A REFUND AT THE ADDRESS LISTED ABOVE WITHIN THE NINETY DAY PERIOD. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally and jointly responsible for all charges to the account. You agree to pay us all amounts owing for each number and for all collection costs, including attorneys’ fees and expert witness fees, incurred in enforcing these terms and conditions. For all incoming and outgoing Service, the length of the call will be measured beginning when the “SND” (Send), “Yes” or other key, which initiates a call, is pressed and ending when the call disconnects from our system, which may be several seconds after the “End,” “No” or other key, which ends the call, is pressed. Airtime usage is billed in full minute increments, with partial minutes of use rounded up to the next full minute. For local calls, you will not be charged for busy or unconnected calls if you press “End” or “No” within thirty (30) seconds. By accepting and using any additional service(s), including but not limited to voicemail, caller ID, or call waiting, after the expiration of any free or promotional period, you agree to pay any applicable service charges for your use of any additional service(s).
Service charges are generally billed in advance and are due before the first day of your monthly service period. Monthly service periods are approximately 30 days long. Payment of all charges is due prior to the first day of your monthly service period. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate your bill. Your Service will be suspended if you fail to pay on or before the first day of your monthly service period. When this service interruption occurs, your bill date will change resulting in fewer days of service for that month (which varies depending on how many days into suspension your payment is received). If service interruption occurs, you will be given a period of time to make any appropriate payment for your service. If you do not make such payments within this time period, your account will be cancelled. If your account is cancelled, you will lose any phone number, identification number, or email address associated with your account. Additional fees may apply if you choose to restart Service after cancellation. We may provide your bill in a format which may change from time to time and require you pay an additional service charge to receive. You may have to pay an additional service charge, depending on the payment method you choose. ClearTalk reserves the right to change the rate plans offered to customers or the payment collection process in its discretion. Airtime usage in Optional Coverage Areas or calls made outside the designated local calling area (long distance, and/or roaming) may be billed in a subsequent month due to reporting. If you have authorized payment by EFT debit from your checking, savings account, or through a credit card no additional notice or consent will be required for billings to that account. YOU AGREE THAT WE MAY CHARGE YOUR CHECKING, SAVINGS OR CREDIT ACCOUNT FOR SERVICE IF YOUR SERVICE LIMIT(S) HAVE BEEN REACHED. If your payment provider is unable to deliver the required funds, is invalid or closed at the time the payment request is attempted, your account shall be subject to suspension or deactivation until your account is paid in full. You agree to pay us all amounts owing for each number and for all collection costs, including attorneys’ fees and expert witness fees, incurred in enforcing these Terms and Conditions.
Time is of the essence for your payments. Your account shall be subject to deactivation if your payment is not received on time. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due under these Terms and Conditions. We will assess an additional fee in an amount set forth in your Calling Plan for any check returned for nonpayment. We reserve the right to deactivate your account after the second incidence of a returned check. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Notice of any disputes must be in writing and received by us at our address within thirty (30) days after date of invoice or you will be deemed to have waived any objection. You hereby agree to pay us all amounts owing for each number and for all collection costs, including attorneys’ fees and expert witness fees, incurred in enforcing these Terms and Conditions.
If you fail to pay any amount owed to us or an affiliate of ours by the due date,, or if you have amounts still owing to us or an affiliate of ours from a prior account, or if you breach any representation to us or fail to perform any of the promises you made in these Terms and Conditions, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, without notice to you, suspend Service and/or terminate these Terms and Conditions, in addition to all other remedies available to us. WE ASSUME NO RESPONSIBILITIES FOR ANY CASH PAYMENT MADE VIA MAIL OR DROP BOXES. IT IS IMPORTANT THAT YOU SAVE YOUR RECEIPT FOR ANY CASH PAYMENTS MADE TO YOUR ACCOUNT, WITHOUT RECEIPT WE ASSUME NO CASH PAYMENTS HAVE BEEN RECEIVED IF YOUR ACCOUNT IS SHOWING A DELINQUENCY OF PAYMENT. We may require a reactivation charge to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under these Terms and Conditions, including any applicable cancellation fee. You hereby agree to pay all costs, including attorneys’ fees, expert witness fees, collection costs and court costs, we incur in enforcing these Terms and Conditions, including any appeals.
e. Account Information
All accounts are set up with one primary account holder; the primary account holder may add another person such as a spouse to the account. Any changes or information requested on or about the account must be obtained in person, by either the primary account holder or the designated individual listed on the account, account inquires must show proof of ID and know all the required information asked by the Sales Associate or Manager. This information may include a social security number and/or personal pass code. IT IS THE SOLE RESPONSIBILITY OF THE PRIMARY ACCOUNT HOLDER TO MONITOR ANY CHANGES MADE TO THEIR ACCOUNT BY OTHER PEOPLE NAMED ON THEIR ACCOUNT. If the primary account holder no longer wishes to grant access to the current designated individual on the account, it is their responsibility to have that person removed from their account. CLEARTALK may require that only the primary account holder can make certain alteration to the account, as a result of this policy, the designated individual listed on the account may only be granted limited account access.
f. CPNI Consent
Under federal law, we have a duty to protect the confidentiality of information about the amount, type and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with CLEARTALK, its affiliates and its contractors to develop or bring to your attention products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time notify us in writing at CLEARTALK, 6102-B 45th St, Lubbock, TX 79407, providing your (1) name, (2) home address, (3) home telephone number including area code, (4) wireless telephone number including area code, (5) service billing address, and (6) service account number. Removing consent will not affect your current wireless service.
a. Limitations of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT: WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, FOR LACK OF ACCESS TO 911 OR OTHER LOCAL EMERGENCY NUMBERS, FOR INFORMATION PROVIDED THROUGH YOUR PHONE, FOR EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND OUR REASONABLE CONTROL; WE ARE NOT LIABLE FOR SERVICE OUTAGES OF 24 HOURS OR LESS NOR FOR SERVICE LIMITATIONS, INTERRUPTIONS, SUSPENSIONS OR DEACTIVATIONS AS DESCRIBED IN PARAGRAPH 1. (d) ABOVE; OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD; INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS ARE NOT WITHIN THE POTENTIAL COVERAGE OF THESE TERMS AND CONDITIONS AND WE WILL NOT BE LIABLE FOR SUCH DAMAGES; WE ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE PHONE OR ANY EQUIPMENT USED IN CONNECTION WITH THE PHONE UNLESS CAUSED BY OUR GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE PHONE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES; WE ARE NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THESE TERMS AND CONDITIONS; THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES FORM PERSONAL INJURY (OF ANY KIND INCLUDING BUT NOT LIMITED TO INJURY, DISEASE OR DEATH ALLEGEDLY RESULTING FROM USE OF, OR CAUSED BY, THE SERVICES AND EQUIPMENT PROVIDED UNDER THESE TERMS AND CONDITIONS) TO YOU OR ANY PERSON, HEIR, PERSONAL REPRESENTATIVE OR PERSON USING SUCH SERVICES OR EQUIPMENT WITH OR WITHOUT YOUR AUTHORITY, WHETHER SUCH INJURIES, CLAIMS OR DAMAGES ARE KNOWN, PRESENTLY UNFORESEEABLE OR CURRENTLY SPECULATIVE (SUCH AS RADIATION-CAUSED CANCER, MEMORY LOSS OR OTHERWISE) UNLESS DUE TO OUR SOLE AND/OR GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEY’S AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THESE TERMS AND CONDITIONS. USE OF YOUR PHONE WHILE OPERATING A MOTOR VEHICLE MAY BE PROHIBITED OR RESTRICTED IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM ANY CLAIMS ARISING FROM ANY SUCH UNLAWFUL USE. You hereby assume full responsibility for proper disposal of your wireless phone and compliance with any applicable laws or regulations regarding such disposal. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
c. No Warranties
YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE OR DESTRUCTION OF YOUR PHONE AND RELATED EQUIPMENT RESULTING FROM YOUR ABUSE, MISUSE, OR NEGLIGENT HANDLING OF SUCH EQUIPMENT. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE PHONE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF ANY TELEPHONE EQUIPMENT AND ANY STATEMENT REGARDING SUCH EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY US. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND IS SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
a. Binding Arbitration
Any dispute or claim arising out of or relating to these Terms and Conditions or to any product or service provided in connection with these Terms and Conditions (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that we reserve our right to pursue claims against you in court if the claims relates solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
b. Arbitration Procedures
You must first present any claim or dispute to us by contacting Customer Care at 877-797-1696 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association’s (“AAA”) Wireless Industry Arbitration Rules (“WIA Rules”), except as otherwise modified by these Terms and Conditions. The WIA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at http://www.adr.org. You and we agree that these Terms and Conditions as evidence 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.
c. WAIVER OF PUNITIVE DAMAGE AND CLASS ACTION CLAIMS
By these Terms and Conditions, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
We may amend these Terms and Conditions, including the Calling Plan(s) and Service Charges, without notice to you. We will, however, notify you that there have been changes made to these Terms and Conditions. This notice will be made on your next bill statement. If you do not agree to the amended Terms and Conditions do not pay your next month’s monthly premium. If however, payment is received it is deemed that you have consented to any amendment(s) made to these Terms and Conditions.
You agree that we shall not be liable for any lack of privacy, which may be experienced with regard to the Service. Law enforcement agencies may be allowed to monitor calls for public safety or to otherwise comply with state or federal laws or regulations. You authorize us to monitor and record any calls to us concerning your account, or the Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmissions over our facilities in order to protect our rights or property.
You may not assign these Terms and Conditions without our prior written consent. We may assign all or part of these Terms and Conditions without such assignment being considered a change to the Terms and Conditions, and without notice to you. Upon such assignment, we shall be released from all obligations and liability under this agreement and Terms and Conditions.
Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail and addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Customer Care at 877-797-1696 department and received at our address. Your notice must specify your account number and mobile phone number. Where allowed under these Terms and Conditions, oral notices shall be deemed effective on the date reflected in our records.
e. Entire Terms and Conditions
These CLEARTALK Terms and Conditions, together with any other documents directly made a part of these CLEARTALK Terms and Conditions, represent the entire Terms and Conditions between you and us, which may only be amended as described in these Terms and Conditions. These Terms and Conditions supersede any prior, inconsistent or additional promises made to you by any of our employees, representatives, agents or dealers. If any part of these Terms and Conditions is found invalid, the other Terms and Conditions shall remain binding and enforceable.
f. Governing Laws
These Terms and Conditions are subject to applicable federal laws, federal or state tariffs, if any, and the laws of the state associated with the Account. Where our Service is regulated by a state agency or the FCC, the applicable regulations are available for your inspection; if there is any inconsistency between these Terms and Conditions and the applicable regulations, these Terms and Conditions shall be deemed amended as necessary to conform to such regulations.
g. Other CLEAR TALK Services
You may receive special promotions or discounts on other services offered by CLEARTALK in connection with the purchase of certain wireless services. These promotions or discounts shall terminate concurrently upon termination of these Terms and Conditions.
CLEARTALK is a registered trademark and “Wireless made simple” is a registered service mark of NTCH Inc. ©CLEAR TALK 2002-2006 JFT&C-ML-01/06
Tips for 911 Calling : The FCC’s 911 rules for wireless service providers are being implemented over a period of several years. In addition, cities and states must update their PSAPs to receive caller identification and location information, a costly effort that can take several years to complete. Therefore, consumers that call 911 from a wireless phone should remember the following:
- Tell the emergency operator the location of the emergency right away.
- Give the emergency operator your wireless phone number so that, if the call gets disconnected, the operator can call you back.
- If your wireless phone is not “initialized” (meaning you do not have a contract for service with a wireless service provider), and your emergency call gets disconnected, you must call the emergency operator back because the operator does not have your telephone number and cannot contact you.
- To help public safety personnel allocate emergency resources, learn and use the designated number in your state for highway accidents or other non life-threatening incidents. Often, states reserve specific numbers for these types of incidents. For example, “#77″ is the number used for highway accidents in Virginia. The number to call for non life-threatening incidents in your state can be found in the front of your phone book.
- Refrain from programming your phone to automatically dial 911 when one button, such as the “9″ key, is pressed. Unintentional wireless 911 calls, which often occur when auto-dial keys are inadvertently pressed, cause problems for emergency call centers.
- If your wireless phone came pre-programmed with the auto-dial 911 feature already turned on, turn off this feature. Check your user manual to find out how.
- Lock your keypad when you’re not using your wireless phone. This action also prevents accidental calls to 911
Term Commitments & Early Termination Fees.
Some of the Services (for example, Device discounts) that we offer require you to maintain certain Services with us for a minimum term, usually 1 or 2 years (“Term Commitment”). You will be charged a fee (“Early Termination Fee”) for each line of Service that you terminate early (i.e., prior to satisfying the Term Commitment) or for each line of Service that we terminate early for good reason (for example, violating the payment or other terms of the Agreement) but such Early Termination Fee may be prorated based on your remaining Term Commitment. Early Termination Fees are a part of our rates. Your exact Term Commitment may vary based on the Services you select and will be disclosed to you during the sales transaction. Our Early Termination Fee is currently $200 per line of service. We reserve the right to change this without advance notice. Carefully review any Term Commitment and Early Termination Fee requirements prior to selecting Services. After you have satisfied your Term Commitment, your Services continue on a month-to-month basis without any Early Termination Fee, unless you agree to extend your Term Commitment or agree to a new Term Commitment. Services offered on a month-to-month basis may not require a Term Commitment and may not automatically renew.
DATA USE NOTICE
Service is subject to the ClearTalk Terms and Conditions of Service, which you should read before activating service.
Service is not available in all areas. See our detailed coverage maps. For individual use only and not for resale.
ClearTalk Mobile Internet Service
Subject to ClearTalk’s Terms and Conditions. You are responsible for maintaining virus protection when accessing service.
We reserve the right to protect our network from harm, compromised capacity or degradation in performance. We reserve the right to limit throughput speeds or amount of data transferred, and to deny, modify or terminate service, without notice, to anyone whose usage adversely impacts our network, service levels or uses more than 5 GB in a given month. We may monitor your compliance with the above but will not monitor the content of your communications except as otherwise expressly permitted or required by law. As part of our pre-existing policy, we may continue to contact the top users or repeated excessive users and ask them to curb their usage or terminate their usage. If we terminate usage we will refund on request the amount paid for the unexpired paid in advance period of that user.
The broadband wireless internet service may not be used for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service, interferes with the network’s ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users.
Approximate Data Usage Examples
Basic information and examples showing the approximate data usage for several common Internet activities appear below.
Application Approximate Size
E-mail (1 text page without attachments) . . . 3 KB
Based on this assumption, you would need to send and/or receive approximately 1,747,627 e-mails in a month to reach 5 GB.
Word Document (5 text pages) . . . 70 KB
Based on this assumption, you would need to download approximately 74,897 Word Documents in a month to reach 5 GB.
Web Page . . . 150 KB
Based on this assumption, you would need to look up approximately 34,952 web pages in a month (or over 1,000/day) to reach 5 GB.
Digital Photo . . . 500 KB
Based on this assumption, you would need to download approximately 10,485 low-resolution digital photos in a month to reach 5 GB.
PowerPoint Presentation (20 pages text & light graphics) . . . 3 MB
Based on this assumption, you would need to download approximately 1,707 PowerPoint presentations in a month to reach 5 GB.
Note: The above examples are just estimates, based on approximate size assumptions. Actual file sizes and user experiences will vary.