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Terms of Service
01
Service AvailabilityService is available only if you are within the AirVoice GSM coverage area. Service may be interrupted due to system capacity limitations and system repairs or modifications. Service is subject to limitation or interruption caused by weather, terrain, obstructions such as trees or buildings and other conditions. AirVoice is not responsible for time lost or days lost for interruption of service caused by the above mentioned. There will be no credits or refunds issued for any reason.
02
Use of DeviceOnly Certified & Approved Unlocked 850/1900 MHz GSM phones, 3G or newer, are compatible with AirVoice Wireless service. You are responsible for the purchase and maintenance of your own phone.
03
Right to Terminate ServiceWe reserve the right to cancel, interrupt or restrict service to your number, without notice if we suspect fraudulent, illegal or abusive activity, abnormally high amounts of usage, failure to maintain an appropriate account balance for applicable charges, for harassing our employees and/or harassing other AirVoice customers. Some examples of fraudulent activity include Traffic Pumping and Spam Messaging.
04
Release of InformationAirVoice may release information about your account when we believe release is appropriate to comply with the law (i.e. subpoena, court order, E911 information, etc.). There will be no call histories released to customers for any reason.
05
PUK CodesPlease contact our US based customer service at 888-944-2355 if your phone asks for a PUK code. Do not attempt guessing any codes because it will disable your SIM card. You will need to purchase a Non-Active AirVoice SIM card if you disable your SIM card.
06
Phone Codes If your phone is asking for ANY codes you are not aware of, do not attempt guessing any codes because it may disable your SIM card. You will need to purchase a Non-Active AirVoice SIM card if you disable your SIM card.
07
Account Information Any person that is able to verify your mobile number, SIM card number and/or account information is authorized by you to make changes on your account. We recommend that you associate any name & four-digit code on your account to prevent others from making changes to your account.
08
Ability to change services Any person that is able to verify your mobile number, SIM card number and/or account information is authorized by you to make changes on your account. We recommend that you associate any name & four-digit code on your account to prevent others from making changes to your account.
09
Service Activation To activate your AirVoice account, you must purchase an AirVoice SIM card and an AirVoice Refill Card.
10
Account Balance Airtime or number of expiry days cannot be moved from one phone number to another phone number. You should take reasonable efforts to safeguard your phone and replenishment airtime cards. Airtime expires 30 days after the card is added to your account whether you use your phone or not.
11
Controlling Your Refills To avoid service interruption, you will need to add a new refill card to your account before your airtime expires. Once your airtime expires, you will have 30 days to add a refill card. If no card is added, your account will be canceled. You will lose your phone number. If you wish to restore service after your account is canceled, you will need a new phone number and a new AirVoice SIM card.
12
Use of Service/Rates You cannot use the service to place operator assisted calls such as third party billed and collect calls. Customers are unable to place calls directly to 411, international numbers or numbers that begin with 500, 700, 855, 900 or 976. Customers are also unable to forward calls. If you are unable to successfully place a call out, attempt dialing with 1 + the area code + the 7-digit number. It is highly recommended that you power cycle your phone at least once per day to help re-register your phone within the network.
13
Additional Charges (when available) For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press “SEND” or other key to begin a call until approximately the time you press the “END” key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Features such as call waiting, 3-way calling, call forwarding and voicemail will incur applicable airtime charges. We may charge activation, reactivation or other fees to establish or maintain service. Certain transactions such as changing your mobile number may incur a charge.
14
Disputes Since you are on an Unlimited Plan, there will be no disputes about calls not connecting or dropped calls or any other reason to call customer service and complain. For additional information please see “Service Availability”.
15
Cancellation PolicyIn order to cancel service, you must verify that you are the account holder, put your request in writing, and fax your request to (888) 944-2355. You will not be entitled to any type of credit for the unused portion of your account balance if you decide to terminate service.
16
Suspending Service AirVoice will not suspend service if your phone was lost, stolen, misplaced or broken. It is your responsibility to purchase a new Non-Active AirVoice SIM card and compatible phone immediately or you will lose your remaining airtime days. The expiration date on your account cannot be changed or extended for any reason.
17
RestrictionsYou may not use our services to communicate any unsolicited commercial voice calls, text messages, etc. All calls must be made and received to a live person. We have the right to monitor all usage on active accounts. Any accounts with unreasonable or excessive usage (upon our discretion) will be cancelled.
18
Porting PolicyAirVoice does not guarantee that number transfers to or from our company will be successful. If you request to port your number out to another company, that is considered a request by you to us to terminate all of the services associated with that number. Your remaining airtime will be forfeited and you will not receive a credit for the remaining balance. AirVoice will not release your wireless number to another carrier without proper verification. If you are attempting to change service providers, you will need to verify your four-digit pin as well as your AirVoice SIM card number in order to transfer your account.
19
International Long-Distance AgreementBy initiating international call service on the AirVoice Wireless network, you consent to additional Terms and Conditions. You acknowledge and agree to AirVoice’s ability to modify or terminate your service if your account is in violation with these Terms and Conditions.
20
Preventing or Sending SpamAirVoice Wireless subscribers receiving unwanted text messages ('spam') should contact the source and request to unsubscribe or remove the subscriber's wireless phone number from the service. If an AirVoice Wireless subscriber intentionally sends spam from an AirVoice Wireless handset, the subscriber may be terminated without notice. Contact AirVoice Wireless Customer Service toll free +1 (888) 944-2355 if additional help or information is required.
AirVoice Wireless may send messages to your AirVoice Wireless handset or alternative phone number via SMS.
AirVoice Wireless may send messages to your AirVoice Wireless handset or alternative phone number via SMS.
All AirVoice Talk & Text with Data Plans
01
Multimedia MessagingThis service will only work if used with a compatible handset, the required feature code on the account and on handsets that are properly configured with AirVoice MMS settings. Customers without MMS compatible handsets that purchase the AirVoice Talk, Text & MMS with Data package will not receive credit for the inability to send/receive multimedia messages. You should verify that your phone is MMS compatible before activating on the AirVoice Talk, Text & MMS with Data plan. AirVoice Wireless is not responsible if you are unable to download, or save ringtones, games or other multimedia content to your wireless device. The AirVoice Talk, Text & MMS with Data service provides you with the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible handsets. Not all MMS handsets support all features of the service. MMS customers cannot send and receive messages in MMS format with other mobile customers who do not have an MMS compatible handset and/or are not activated for MMS. If an MMS message is sent to a mobile handset that cannot receive the message in MMS format, the recipient of the message will be sent a text message telling the recipient their message can be viewed online. The recipient will need to have an SMS compatible handset and service to receive this message. The recipient can access the message via the website for up to 7 days before deletion. There may be a delay between when a message is sent and when it is received. AirVoice Wireless accepts no liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or non delivery of a sent message. Recipients of your sent message must be within the coverage of their participating supplier’s mobile network to receive a Multimedia message.
02
Mobile Web/Data This service will only work on compatible handsets that offer a web browser, the required feature code on the account and on handsets that are properly configured with AirVoice data settings. It is your responsibility to ensure that your device is data capable before purchasing the AirVoice Talk, Text & MMS with Data plan. No credits will be issued to customers of AirVoice Talk, Text & MMS with Data if his or her phone does not support Mobile Web. AirVoice will not credit back internet usage time for any reason. You are allotted 3 GB of data per 30 day period on the $20 plan, 6 GB of data per 30 day period on the $30 plan, 15 GB of data per 30 day period on the $50 plan, and Unlimited Data per 30 day period on the $70 plan. A data session consists from the time you access the internet via the mobile device until you terminate the session. Each data session is billed in use per KB. There are 1024 KB in one MB. Multiple sessions can be initiated within a 24 hour period and each will be considered part of your 3 GB, 6 GB, 15 GB, or Unlimited Data (depending on your plan) as independent events. You are responsible for ending each data session. If you fail to end a session, the internet will still be considered connected on your device, and will be counted as part of your 3 GB, 6 GB, 15 GB, or Unlimited Data (depending on your plan). Failure to log off of the internet will result in depletion of your internet usage time, and will NOT be credited back to you by AirVoice Wireless for any reason. If you use your 3 GB, 6 GB, 15 GB, or Unlimited Data before the expiration of your 30 day period, you may choose to apply another 5 day refill or month's service to begin a new data cycle. If you do not finish your allotted 3 GB, 6 GB, 15 GB, or Unlimited data within your 30 day expiration period, you forfeit the remaining MB of usage. Remaining MBs do not rollover to your next expiration period. Anytime a $20, $30, $50, or $70 refill card is added, the existing data amount on your account will be reset to zero and the new data amount will be applied. We strongly suggest you add any additional refills after you finish your allotted data or after your expiration date. You can dial *777# SEND to receive your expiration date on your handset at any time.
Data allotments are provided at two different speeds. A portion of the data allotment is provided in high speed and the other portion of the data allotment is provided in a reduced speed. For example, after a refill is added on the $70 plan, you will receive the 22 GB of data at high speed. Once you complete the 22 GB of data, all remaining data will automatically be switched to a reduced speed. After a refill is added on the $50 plan, you will receive 15 GB of data at high speed. Once you complete the 15 GB of data, you will not receive any additional data. After a refill is added on the $30 plan, you will receive the first 3 GB of data at high speed. Once you complete the first 3 GB of data, the next 3 GB of data will automatically be switched to a reduced speed. After a refill is added on the $20 plan, you will receive the first 1.5 GB of data at high speed. Once you complete the first 1.5 GB of data, the next 1.5 GB of data will automatically be switched to a reduced speed.
We have the right to slow down the speed of data browsing upon our own discretion at any time during your 30 day cycle. You may attempt to download ringtones, games or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable to save the content to your phone. AirVoice will not issue any credits for this reason. Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices or contain graphic content. AirVoice Wireless is not responsible for slow loading time when using data services, and will not issue credits for this reason.
AutoPay: The AutoPay Discount is available to customers that have an AirVoice Wireless Unlimited Plan of $20, $30, $50 or $70. The AutoPay discount is 10% off per month and will only be applied to accounts that are enrolled in AutoPay directly through AirVoice Wireless. The AutoPay Discount will not be applied to accounts that have been de-enrolled from AutoPay, accounts that been switched to a plan and that does not offer the AutoPay Discount or to accounts that had an AutoPay payment that was unsuccessful. AirVoice Wireless has the right to change, modify, or suspend any aspect of the AutoPay discount at any time for any reason without notice.
Data allotments are provided at two different speeds. A portion of the data allotment is provided in high speed and the other portion of the data allotment is provided in a reduced speed. For example, after a refill is added on the $70 plan, you will receive the 22 GB of data at high speed. Once you complete the 22 GB of data, all remaining data will automatically be switched to a reduced speed. After a refill is added on the $50 plan, you will receive 15 GB of data at high speed. Once you complete the 15 GB of data, you will not receive any additional data. After a refill is added on the $30 plan, you will receive the first 3 GB of data at high speed. Once you complete the first 3 GB of data, the next 3 GB of data will automatically be switched to a reduced speed. After a refill is added on the $20 plan, you will receive the first 1.5 GB of data at high speed. Once you complete the first 1.5 GB of data, the next 1.5 GB of data will automatically be switched to a reduced speed.
We have the right to slow down the speed of data browsing upon our own discretion at any time during your 30 day cycle. You may attempt to download ringtones, games or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable to save the content to your phone. AirVoice will not issue any credits for this reason. Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices or contain graphic content. AirVoice Wireless is not responsible for slow loading time when using data services, and will not issue credits for this reason.
AutoPay: The AutoPay Discount is available to customers that have an AirVoice Wireless Unlimited Plan of $20, $30, $50 or $70. The AutoPay discount is 10% off per month and will only be applied to accounts that are enrolled in AutoPay directly through AirVoice Wireless. The AutoPay Discount will not be applied to accounts that have been de-enrolled from AutoPay, accounts that been switched to a plan and that does not offer the AutoPay Discount or to accounts that had an AutoPay payment that was unsuccessful. AirVoice Wireless has the right to change, modify, or suspend any aspect of the AutoPay discount at any time for any reason without notice.
03
Wifi When using Wi-Fi, you will need to turn OFF your Cellular Data Network Setting on your handset. If you do not turn off the cellular data network setting on your handset, you will be charged for internet usage even if you are using Wi-Fi because it will still be considered Cellular Data Usage. Turning off the Cellular Data Network Setting will ensure you will strictly be using Wi-Fi and that you are not connected to the Cellular Data Network.
04
AirVoice’s Right to Terminate Accounts for Fraudulent ActivityAirVoice Wireless reserves the right to discontinue service to customers we feel are using our service in excess, or in any way that negatively impacts our network., as well as our ability to provide service to the larger group of customers who do not abuse the service. Some examples of fraudulent activity include Traffic Pumping and Spam Messaging. We reserve the right to cancel accounts for fraudulent activity based on voice calls, SMS, MMS and data usage.
05
Traffic Pumping Traffic Pumping refers to an unethical practice by which local exchange telephone carriers inflate the volume of incoming calls to their networks, profiting from the substantially increased intercarrier compensation fees. Tactics of Traffic Pumping violations include, but are not limited to: participating in lowcost chat lines, conference calling, and international calling such that the user (1) establishes high terminating access charges (typically based on false pretenses), (2) enter into traffic pumping kickback arrangements with pornographic chat lines or other calling services that agree to advertise the service on internet websites and other media and to route the millions of calls associated with their normally “free” services through the LEC’s exchange, and (3) bills terminating access charges to interexchange carriers for these calls between non-residents of the rural communities they serve and shares those spols with the calling service partners that directed the traffic to or through the LEC’s exchange. For the reasons stated, AirVoice Wireless and our main carrier reserve the right to declare such traffic pumping practices to be unlawful and unreasonable, therefore, reserve the right to suspend or terminate the service without prior notice.
AirVoice Unlimited services are intended for use that is personal and initiated by an actual person. We solely provide service for 1) live dialogue between two individuals, 2) for personal text messaging purposes, 3) general web browsing and 4) use that is generally associated with personal wireless access. AirVoice Unlimited services are not intended for communications such as machine-to-machine, telemarketing, autodialing, monitoring services or any other commercial uses that result in excessive or unreasonable usage that disrupts or could otherwise harm the AirVoice network and AirVoice’s ability to provide quality service to other subscribers. AirVoice Wireless reserves the right to respond to such networking abuse by fully terminating an account, with or without warning.
By initiating service on the AirVoice Wireless network, you acknowledge and agree to AirVoice’s ability to modify or terminate your service if your account is considered to be in use for reasons within these listed restrictions. AirVoice Wireless may deny a request of service from you for any reason. AirVoice Wireless also reserves the right to cease serving you, and cancel your account completely if your account is used in any manner that is restricted according to these terms of service. AirVoice Wireless can and will take any action necessary to protect our network and ability to provide service to the greater majority of users, to improve the network and services provided to our customers, and to prevent usage that is harmful to our network and is against our intended use of service. As an AirVoice Wireless customer, you are A) responsible for all actions performed on your wireless device when using AirVoice Wireless service, B) in full understanding of what is acceptable usage according to these terms of service and C) fully aware of our ability to terminate your service, should you be found abusing the network in ways listed within these terms of service.
AirVoice Wireless Unlimited Plans are intended for personal use for the average phone user. AirVoice Wireless, LLC reserves the right to cancel any account that has abnormally high amounts of usage.
*All information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our US based customer service at 888-944-2355 or visit our website AirVoicewireless.com for up to date information.
AirVoice Unlimited services are intended for use that is personal and initiated by an actual person. We solely provide service for 1) live dialogue between two individuals, 2) for personal text messaging purposes, 3) general web browsing and 4) use that is generally associated with personal wireless access. AirVoice Unlimited services are not intended for communications such as machine-to-machine, telemarketing, autodialing, monitoring services or any other commercial uses that result in excessive or unreasonable usage that disrupts or could otherwise harm the AirVoice network and AirVoice’s ability to provide quality service to other subscribers. AirVoice Wireless reserves the right to respond to such networking abuse by fully terminating an account, with or without warning.
By initiating service on the AirVoice Wireless network, you acknowledge and agree to AirVoice’s ability to modify or terminate your service if your account is considered to be in use for reasons within these listed restrictions. AirVoice Wireless may deny a request of service from you for any reason. AirVoice Wireless also reserves the right to cease serving you, and cancel your account completely if your account is used in any manner that is restricted according to these terms of service. AirVoice Wireless can and will take any action necessary to protect our network and ability to provide service to the greater majority of users, to improve the network and services provided to our customers, and to prevent usage that is harmful to our network and is against our intended use of service. As an AirVoice Wireless customer, you are A) responsible for all actions performed on your wireless device when using AirVoice Wireless service, B) in full understanding of what is acceptable usage according to these terms of service and C) fully aware of our ability to terminate your service, should you be found abusing the network in ways listed within these terms of service.
AirVoice Wireless Unlimited Plans are intended for personal use for the average phone user. AirVoice Wireless, LLC reserves the right to cancel any account that has abnormally high amounts of usage.
*All information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our US based customer service at 888-944-2355 or visit our website AirVoicewireless.com for up to date information.
Pay As You Go Plan and $10 Plan Terms of Service
01
Service AvailabilityService is available only if you are within the AirVoice GSM coverage area. Service may be interrupted due to system capacity limitations and system repairs or modifications. Service is subject to limitation or interruption caused by weather, terrain, obstructions such as trees or buildings and other conditions. AirVoice is not responsible for time lost or days lost for interruption of service caused by above mentioned. There will be no credits or refunds issued for any reason.
02
Use of Device Only Certified & Approved Unlocked 850/1900 MHz GSM phones are compatible with AirVoice GSM service. You are responsible for the purchase and maintenance of your own phone.
03
Right to Terminate Service We reserve the right to cancel, interrupt or restrict service to your number, without notice if we suspect fraudulent, illegal or abusive activity, abnormally high amounts of usage, failure to maintain an appropriate account balance for applicable charges, for harassing our employees and/or harassing other AirVoice customers. Some examples of fraudulent activity include Traffic Pumping and Spam Messaging. We reserve the right to cancel accounts for fraudulent activity based on voice calls, SMS, MMS and data usage.
04
Traffic PumpingTraffic Pumping refers to an unethical practice by which local exchange telephone carriers inflate the volume of incoming calls to their networks, profiting from the substantially increased intercarrier compensation fees. Tactics of Traffic Pumping violations include, but are not limited to: participating in low-cost chat lines, conference calling, and international calling such that the user (1) establishes high terminating access charges (typically based on false pretences), (2) enter into traffic pumping kickback arrangements with pornographic chat-lines or other calling services that agree to advertise the service on Internet websites and other media and to route the millions of calls associated with their nominally “free” services through the LEC’s exchange, and (3) bills terminating access charges to interexchange carriers for these calls between non-residents of the rural communities they serve and shares those spoils with the calling service partners that directed the traffic to or through the LEC’s exchange. For the reasons stated, AirVoice Wireless and our main carrier reserve the right to declare such traffic pumping practices to be unlawful and unreasonable, therefore, reserve the right to suspend or terminate the service without prior notice.
05
Release of informationAirVoice may release information about your account when we believe release is appropriate to comply with the law (i.e. subpoena, court order, E911 information, etc.). There will be no call histories released to customers for any reason.
06
PUK Codes Please contact our US based customer service at 888-944-2355 if your phone asks for a PUK code. Do not attempt guessing any codes because it will disable your SIM card.
07
Phone CodesIf your phone is asking for ANY codes you are not aware of, do not attempt guessing any codes because it may disable your SIM card. You will need to purchase a Non-Active AirVoice Wireless SIM card if you disable your SIM card.
08
Account InformationAny person that is able to verify your mobile number, SIM card number and/or account information is authorized by you to make changes to your account. We recommend that you associate any name & four-digit code on your account to prevent others from making changes to your account.
09
Ability to change services You will have the ability to change from one rate plan to another upon request if proper verification is provided. Please contact our US based customer service at 888-944-2355. A new refill card will be needed when switching to a different rate plan. AirVoice will not transfer your remaining balance or airtime days. You may lose your voicemail box which includes your greeting and any saved messages when changing your rate plan.
10
Service Activation To activate your AirVoice account, you must purchase an AirVoice SIM card and an AirVoice Refill Card.
11
Cancellation PolicyCancellation requests should be put in writing, faxed to (888) 944-2355. You will lose any remaining airtime on your account. AirVoice will not provide a refund or credit for any airtime. AirVoice will not reinstate your account once you have requested it to be cancelled for any reason.
12
Porting Policy You are able to port your number out of AirVoice Wireless to other carriers. AirVoice does not guarantee that number transfers to or from our company will be successful. If you request to port your number out to another company, that is considered a request by you to us to terminate all of the services associated with that number. Your remaining airtime will be forfeited and you will not receive a credit for the remaining balance. AirVoice will not release your wireless number to another carrier without proper verification. If you are attempting to change service providers, you will need to verify your four-digit pin as well as your AirVoice SIM card number, which is your account number, in order to transfer your account. Your account must be in an active status in order to port out.
13
ChargesYou are responsible for paying all charges such as airtime, maintenance fees, E911 fees, features, voicemail access from cellular phone, directory/operator assistance charges, the price of device and accessories, etc. You will be billed regular airtime charges for calls made to 800, 866, 877, 888 and all other toll free calls. Domestic long distance calls will be billed at regular airtime charges. Calls to international numbers will be billed at a higher rate (call customer service for rates). For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press “SEND” or other key to begin a call until approximately the time you press “END” key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Features such as call waiting, 3-way calling, call forwarding and voicemail will incur applicable airtime charges.
14
Account BalanceAll calls will be automatically deducted from your account balance. Balances are not transferable or refundable. Airtime cannot be moved from one phone number to another phone number. You should take reasonable efforts to safeguard your phone and replenishment airtime cards. Airtime expires 30 days after the refill pin was added whether you use your phone or not. Adding multiple refill cards will not stack the expiration period. For example, if two refill cards are added on the same day you will receive 30 days of service for the two pins (not 60 days). If no additional airtime is added before the current expiration date, your airtime will be forfeited on your expiration date. After the account reaches a zero balance or goes into an expired status, your phone number will stay active for 30 days. If there is still no refill within the 30 days, the phone number will be cancelled. The SIM Card cannot be reactivated once it is cancelled.
15
Use of Service/RatesRates are based on the card denomination purchased. International rates vary and are subject to change without notice. It is always best to contact customer service for up to date rates and available countries. You cannot use our service to place calls to numbers that begin with 500, 700, 855, 900 or 976. You cannot use the service to place operator assisted calls such as third party billed, and collect calls. If you are unable to successfully place a call out, attempt dialing with 1 + the area code + the 7-digit number. It is highly recommended that you power cycle your phone at least once per day to help re-register our phone within the Network.
16
DisputesAll disputes must be submitted within 30 days. AirVoice is not responsible for disputes that occurred more than 30 days from the date of the dispute.
17
Multimedia MessagingMultimedia Messaging service is an optional feature available to AirVoice Pay As You Go customers. This service will only work if used with a compatible handset, the required feature code on the account and on handsets that are properly configured with AirVoice MMS settings. Customers without MMS capable handsets will not receive credit for inability to send/receive multimedia messages. You should verify that your phone is MMS compatible before using this feature. Any Multimedia Message you attempt to send or receive will deduct 10 cents from your account balance, whether it is successfully delivered or not, in addition to the daily access fee (if applicable). You may attempt to download ringtones and games via Multimedia messaging. AirVoice Wireless is not responsible if you are unable to download ringtones and games via Multimedia messaging. AirVoice Wireless is not responsible if you are unable to download, or save ringtones, games, or other multimedia content to your wireless device. You will still be charged a multimedia message if you receive an MMS, but are not able to save the content to your phone. AirVoice will not issue any credits for this reason. You will have the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible handsets. Not all MMS handsets support all features of the service. MMS customers cannot send and receive messages in MMS format with other mobile customers who do not have an MMS compatible handset and/or are not activated. If an AirVoice MMS message is sent to a mobile handset that cannot receive the message in MMS format, the recipient will need to have an SMS compatible handset and Service to receive this message. The recipient can access the message via the website for up to 7 days before deletion. Please note, you will still be charged an MMS message even if the recipient does not have MMS. There may be a delay between when a message is sent and when it is received. AirVoice Wireless accepts no liability for any loss or damage as a result or a delay in receiving a message, a message not being secure or non delivery of a sent message. Recipients of your sent message must be within the coverage of their participating supplier’s mobile network to receive a Multimedia message. If a recipient’s phone is turned off, or out of coverage, the multimedia message is still considered sent, and you will still be charged 10 cents for the message.
18
Mobile Web/DataThis service will only work on compatible handsets that offer a web browser, the required feature code on the account and on handsets that are properly configured with AirVoice data settings. It is your responsibility to ensure that your device is data capable before purchasing the AirVoice Talk, Text & MMS with Data plan. No credits will be issued to customers of AirVoice Talk, Text & MMS with Data if his or her phone does not support Mobile Web. AirVoice will not credit back internet usage time for any reason. You are allotted 25 MB of data per 5 day period on the $5 plan, 1GB + 1GB Promo of data per 30 day period on the $20 plan, 6 GB of data per 30 day period on the $30 plan, Unlimited data per 30 day period on the $50 plan. A data session consists from the time you access the internet via the mobile device until you terminate the session. Each data session is billed in use per KB. There are 1024 KB in one MB. Multiple sessions can be initiated within a 24 hour period and each will be considered part of your 25 MB, 1GB + 1GB Promo, 6GB or Unlimited Data (depending on your plan) as independent events. You are responsible for ending each data session. If you fail to end a session, the internet will still be considered connected on your device, and will be counted as part of your 25 MB, 1GB + 1GB Promo, 6GB or Unlimited Data (depending on your plan). Failure to log off of the internet will result in depletion of your internet usage time, and will NOT be credited back to you by AirVoice Wireless for any reason. If you use your 25 MB, 1GB + 1GB Promo, 6GB or Unlimited Data before the expiration of your 5 or 30 day period, you may choose to apply another 5 day refill or month’s service to begin a new data cycle. If you do not finish your allotted 25 MB, 1GB + 1GB Promo, 6GB or Unlimited Data within your 5 or 30 day expiration period, you forfeit the remaining MB of usage. Remaining MBs do not rollover to your next expiration period. Anytime a $5, $20, $30 or $50 refill card is added, the existing data amount on your account will be reset to zero and the new data amount will be applied. We strongly suggest you add any additional refills after you finish your allotted data or after your expiration date. You can dial *777# SEND to receive your expiration date on your handset at any time.
Data allotments are split in half and provided at two different speeds. The first half of the data allotment is provided in high speed and the second half of the data allotment is provided in a reduced speed. For example, after a refill is added on the $50 plan, you will receive the first 5 GB of data at high speed. Once you complete the first 5 GB of data, all remaining data will automatically be switched to a reduced speed. After a refill is added on the $30 plan, you will receive the first 3 GB of data at high speed. Once you complete the first 3 GB of data, the next 3 GB of data will automatically be switched to a reduced speed. After a refill is added on the $20 plan, you will receive the first 1 GB of data at high speed. Once you complete the first 1 GB of data, the next 1 GB of Promo data will automatically be switched to a reduced speed. After a refill is added on the $5 plan, you will receive the first 12.5 MB of data at high speed. Once you complete the first 12.5 MB of data, the next 12.5 MB of data will automatically be switched to a reduced speed.
High Speed data is determined by the type of device you are using, the AirVoice Wireless plan that you are on and the service coverage in your area. To receive 4GLTE data speeds, you will need to use a compatible 4G LTE device, be on the appropriate 4GLTE AirVoice Wireless plan and be located in an area that offers 4G LTE data speeds. If you are using a 3G or 4G device, the fastest speeds you will receive is based on the type of device you are using even if you are in a coverage area that offers a faster speed. See coverage map for details on Data speeds in your area. Reduced speed data will allow you to consume data at a rate up to 128kb/sec. The Reduced speed rate of data will be the same for all devices (3G, 4G, LTE etc.) We have the right to slow down the speed of data browsing upon our own discretion at any time during your 5 or 30 day cycle. You may attempt to download ringtones, games or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable to save the content to your phone. AirVoice will not issue any credits for this reason. Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices or contain graphic content. AirVoice Wireless is not responsible for slow loading time when using data services, and will not issue credits for this reason.
Data allotments are split in half and provided at two different speeds. The first half of the data allotment is provided in high speed and the second half of the data allotment is provided in a reduced speed. For example, after a refill is added on the $50 plan, you will receive the first 5 GB of data at high speed. Once you complete the first 5 GB of data, all remaining data will automatically be switched to a reduced speed. After a refill is added on the $30 plan, you will receive the first 3 GB of data at high speed. Once you complete the first 3 GB of data, the next 3 GB of data will automatically be switched to a reduced speed. After a refill is added on the $20 plan, you will receive the first 1 GB of data at high speed. Once you complete the first 1 GB of data, the next 1 GB of Promo data will automatically be switched to a reduced speed. After a refill is added on the $5 plan, you will receive the first 12.5 MB of data at high speed. Once you complete the first 12.5 MB of data, the next 12.5 MB of data will automatically be switched to a reduced speed.
High Speed data is determined by the type of device you are using, the AirVoice Wireless plan that you are on and the service coverage in your area. To receive 4GLTE data speeds, you will need to use a compatible 4G LTE device, be on the appropriate 4GLTE AirVoice Wireless plan and be located in an area that offers 4G LTE data speeds. If you are using a 3G or 4G device, the fastest speeds you will receive is based on the type of device you are using even if you are in a coverage area that offers a faster speed. See coverage map for details on Data speeds in your area. Reduced speed data will allow you to consume data at a rate up to 128kb/sec. The Reduced speed rate of data will be the same for all devices (3G, 4G, LTE etc.) We have the right to slow down the speed of data browsing upon our own discretion at any time during your 5 or 30 day cycle. You may attempt to download ringtones, games or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable to save the content to your phone. AirVoice will not issue any credits for this reason. Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices or contain graphic content. AirVoice Wireless is not responsible for slow loading time when using data services, and will not issue credits for this reason.
BINDING ARBITRATION
Important
Read this agreement 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 arbitration instead of suing in court in the event the parties are unable to resolve a dispute or claim. Per this agreement, AirVoice Wireless requires the use of individual arbitration rather than jury trials or class actions to resolve disputes, except for claims concerning the unauthorized sale, export, alteration and/or tampering of your AirVoice Wireless phone, AirVoice Wireless service and/or AirVoice Wireless sim and pin numbers. This arbitration clause shall survive termination of AirVoice Wireless’ agreement with you. Arbitration is binding and subject to only a very limited review by a court. Arbitration is more informal than litigation; using a neutral arbitrator instead of a judge or jury; allowing for less discovery and less appellate review than in court.
This provision is intended to encompass all disputes or claims arising from your relationship with AirVoice Wireless, arising from 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 exclude AirVoice Wireless the ability to bring claims concerning the unauthorized sale, export, alteration, and/or tampering of your AirVoice phone, its software, AirVoice Wireless service, SIM cards and/or pin numbers in state or federal court.
You must first present any claim or dispute to AirVoice Wireless by contacting customer care at 888-944-2355, to allow an opportunity to resolve the dispute prior to initiating arbitration. All claims will be resolved by binding arbitration where permitted by law.
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 www.adr.org or by calling the AAA at 1-800-778-7879. You and AirVoice Wireless 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. 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 AirVoice Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.
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, (I) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless AirVoice Wireless and you agree otherwise, the location of any arbitration shall be Detroit, Michigan. Except where prohibited by law, AirVoice wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor AirVoice Wireless 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 having jurisdiction thereof.
This agreement shall be construed under the laws of Michigan, without regard to its choice of law rules, except for the arbitration provision contained in these terms and conditions, which will be governed by the federal arbitration act. This governing law provision applies no matter where you reside, where you use service, or where you pay for the service.
Read this agreement 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 arbitration instead of suing in court in the event the parties are unable to resolve a dispute or claim. Per this agreement, AirVoice Wireless requires the use of individual arbitration rather than jury trials or class actions to resolve disputes, except for claims concerning the unauthorized sale, export, alteration and/or tampering of your AirVoice Wireless phone, AirVoice Wireless service and/or AirVoice Wireless sim and pin numbers. This arbitration clause shall survive termination of AirVoice Wireless’ agreement with you. Arbitration is binding and subject to only a very limited review by a court. Arbitration is more informal than litigation; using a neutral arbitrator instead of a judge or jury; allowing for less discovery and less appellate review than in court.
This provision is intended to encompass all disputes or claims arising from your relationship with AirVoice Wireless, arising from 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 exclude AirVoice Wireless the ability to bring claims concerning the unauthorized sale, export, alteration, and/or tampering of your AirVoice phone, its software, AirVoice Wireless service, SIM cards and/or pin numbers in state or federal court.
You must first present any claim or dispute to AirVoice Wireless by contacting customer care at 888-944-2355, to allow an opportunity to resolve the dispute prior to initiating arbitration. All claims will be resolved by binding arbitration where permitted by law.
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 www.adr.org or by calling the AAA at 1-800-778-7879. You and AirVoice Wireless 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. 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 AirVoice Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.
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, (I) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless AirVoice Wireless and you agree otherwise, the location of any arbitration shall be Detroit, Michigan. Except where prohibited by law, AirVoice wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor AirVoice Wireless 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 having jurisdiction thereof.
This agreement shall be construed under the laws of Michigan, without regard to its choice of law rules, except for the arbitration provision contained in these terms and conditions, which will be governed by the federal arbitration act. This governing law provision applies no matter where you reside, where you use service, or where you pay for the service.
01
IndemnificationYou agree to indemnify, defend, and hold harmless AirVoice Wireless from any and all liabilities, penalties, fees, claims, and demands brought upon you by third parties resulting from use of your AirVoice wireless phone and service including, but not limited to, any violation by you of the terms and conditions of this agreement, the policies, or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority, your use of the service and any information you submit, post, transmit or make available via the service, failing to provide appropriate notices regarding location-sensitive services, failure to safeguard your passwords, backup security question to your password or any other account information, or the rights of any third party.
02
AirVoice Wireless’ Right To Terminate ServiceAirVoice Wireless may terminate or suspend your service at any time and for any reason without liability. If you breach any portion of this agreement (including failing to refill your account within the given expiration period), we may suspend, terminate or restrict your service. We can, without notice, restrict, suspend or end your service or any agreement with you at any time for any reason, including, but not limited to: (1) if you: (a) breach this agreement; (b) use your service for any purpose or in any way not permitted under this agreement or for any illegal purpose (c) use your service for engaging in conduct that adversely affects our customers, employees, business, or any other person(d), use your service in ways that interfere with our operations, network, reputation, or ability to provide quality service; (e) engage in “spamming” or in other abusive or unsolicited communications; (f) steal from or lie to us; (g) interfere with our operations; (h) fail to follow our policies; (i) fail to use our services for an extended period of time; (j) use your service or wireless device in a manner that is excessive, unusually burdensome, or unprofitable to us; (k) use of our service exceeds our stated policies for use; or (2) if you, any user of your wireless device or any account manager on your account: (a) threaten, harass, abuse, offend or use vulgar and/or inappropriate language toward our representatives or any person whom they call using our service; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; or (d) use your service in a way that negatively affects our network or other customers.
AirVoice Wireless is not required to provide you with any notification before suspending, restricting, or terminating your service.
AirVoice Wireless is not required to provide you with any notification before suspending, restricting, or terminating your service.
03
Acceptance of Terms If you are a new customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following (a) activating service; (b) using your service after your service is activated; (c) making a change or addition to your service; (d) paying for the service. By doing any of the foregoing, you are indicating your intent to be bound by the terms and conditions of service of this agreement. If you are a new customer and you do not agree to this agreement, do not initiate service. If you are an existing customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following: (a) using your service after your service is activated; (b) making a change or addition to your service; (c) using your service after you make a change or addition; or (d) paying for the service. If you are an existing customer and the service is provided to you under a prior agreement and you do not agree to this agreement, you must terminate service as set forth in the prior agreement; provided, however, that if you choose to terminate service you will still be bound by the prior agreement, including your obligation to pay any outstanding amounts and your agreement to arbitrate disputes.
If you have any questions, do not activate or use your service, and contact AirVoice Wireless or its authorized agents to have your questions answered.
By initiating or continuing service in the aforementioned ways, you agree to use AirVoice Wireless service in accordance with this agreement and to comply with all applicable laws. You agree not to use your AirVoice Wireless phone for any purpose that is not allowed by this agreement or that is illegal.
* All Information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our U.S. based customer service at 888-944-2355 for up to date information.
If you have any questions, do not activate or use your service, and contact AirVoice Wireless or its authorized agents to have your questions answered.
By initiating or continuing service in the aforementioned ways, you agree to use AirVoice Wireless service in accordance with this agreement and to comply with all applicable laws. You agree not to use your AirVoice Wireless phone for any purpose that is not allowed by this agreement or that is illegal.
* All Information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our U.S. based customer service at 888-944-2355 for up to date information.