Terms and Conditions of Services
Effective as of February 27, 2012 until replaced.
These terms and conditions are part of your agreement with Affinity4 for Affinity 4 Wireless Prepaid Phone Services
If you activated your Affinity4 Wireless Prepaid Phone Service before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. For the most current version of the terms and conditions, please visit our website at www.affinity4.com or call Customer Care toll free at 1-800-800-7550.
Agreement. Your agreement ("Agreement") with Affinity4 and any of its representatives doing business as Affinity4 providing Affinity4 Wireless Prepaid Phone Services ("Services") to you is made up of these Terms and Conditions of Service ("Terms") and the service plan we agree to provide you (the “Service Plan”). Your Service Plan is described in our marketing materials and includes the rates and features we set for that Service Plan. We use the words "we," "us," "our" or “Wireless Prepaid Phone Service " to refer to Affinity4. Affinity4 is a re-seller of Telispire. Through its arrangements with Telispire, Affinity 4 Wireless Prepaid Phone Services are provided utilizing Sprint PCS® Network (the “Network”).* You accept the Agreement and Terms when you do any of the following: (1) tell us orally or electronically that you accept; 2) activate Services or attempt to use our Services (including, without limitation, attempting to place a call, send a message or use data on the Network); (3) pay for the Services; (4) open any package or start any program that says you are accepting the Agreement when doing so; and (5) use your Services after making any change or addition after you have been informed that continued use of the new or modified Services will mean you have given us your acceptance.
Provision of Service. Your purchase of equipment from us does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services.
Changes to Agreement. We may change this Agreement at any time (but see Service Plan). Any changes to the Agreement are effective when we publish them on our website www.affinity4.com. We will give you thirty (30) days prior notice of any material change to this Agreement. If you use our Services on or after the effective date of the changes, make any payment to us or increase your account balance on or after the effective date of the changes, you will be deemed to have accepted the changes. If we change a material term of the Agreement and that change has a material adverse effect on you, do not access or use our Services after the effective date of the change. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate service in response to a change to the agreement. You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, Universal Service fees and other charges.
Service Plan. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan or your Service terminates. When you switch Service Plans, you will not receive a refund of any portion of any previously paid service charges. We recommend that you switch at the end of your 30 day access period (or billing period) or after you have used your minutes, messages and or data allotment. Some Service Plans are only available on certain phones. .
Use of Services and Equipment; Availability. You must be at least 18 years old to subscribe to our Services. We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the Network as depicted in our coverage map. Coverage and quality of Services may be affected by conditions beyond our control. The specific network coverage you get will depend on the radio transmissions your device can pick up and Services you’ve chosen. Coverage isn’t available everywhere. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, software, signal strength, your device, structures, buildings, weather, geography, topography, etc.), may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Your phone will not accept the services of any wireless provider other than the Services provided by Affinity4.
Number. We assign a phone number to the phone or other equipment used by you on the Network (“Number”). We may change the Number by giving you prior notice. You do not own the Number. You may not: (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or as expressly allowed by the rules and regulations of the Federal Communications Commission regarding number portability; or (3) transfer the Number to any other individual or entity without our permission.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a Number away from us, that is considered a request by you to us to terminate all of the Services associated with that Number.
Activation of Service.
To activate the Service, you must both activate your account, and establish an appropriate account balance to pay for all applicable subscription charges (defined below) based on the service plan you select. To establish an account balance, pay a subscription charge, or make any other appropriate payments, follow the instructions provided with the equipment or call Affinity4 Wireless Service Customer Care at 1-800-800-7550.
Phone Activation Fee. You may be required to pay a non-refundable phone activation or reactivation fee when you establish or maintain Service. Reactivation fees will apply if you choose to later restart your Service after your account has been terminated. Details on any applicable phone activation fee are set out in your Service Plan or can be obtained by calling Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550.
Charges. You must pay all charges for Services provided to the Number for each phone or other equipment that our records show you activated no matter who actually uses or has possession of the phone or other equipment at the time Services are provided. These charges include, but are not limited to, recurring monthly service charges, applicable local and long-distance toll charges, usage charges, and connection fees, roaming charges, directory assistance, and call completion charges, optional features you select at an extra cost, and taxes and other regulatory related charges. The types of charges you incur will vary depending on the Service used and your Service Plan. See the detailed plan or other information we provide or refer you to during the sales transaction for the actual usage charges applicable to your Service. You will generally be charged for use of Services before or at the time of use in accordance with your Service Plan. Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding unpaid charges and fees from any subsequent amounts you add to your account balance.
Charges for a completed call from your Number that is dialed manually begin when you press the TALK (or similar key) and end when the call is terminated by either party. You are charged for these completed calls from your Number from the time shortly before the phone starts ringing until the call is terminated by either party. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute.
Depending on your Service Plan, we will deduct from your account balance a dollar amount or minute equivalent for each call to directory assistance
Billing. Billing cycles are approximately thirty (30) days in length and payment in full is required in advance or at the time of service. Billing cycles and dates may change from time to time, except as otherwise provided in your Service Plan. Refer to Charges Section above and Account Balance section below.
Payment. All payments are to be made in advance of Service. If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we charge your credit card or debit your bank account, for all amounts (including any taxes or other regulatory related charges) due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your address, the credit card used for payment, or the bank account used for bank debits.
Disputed Charges. You must raise any dispute that you have about any charges to your credit card or bank debit account within fifteen (15) days of the date of the credit card or bank debit account statement or you will be deemed to have accepted the charges. You may notify us of any dispute by calling Affinity4 Wireless Service Customer Care toll free 1-800-800-7550.
Account Suspension Related to Credit Card Chargebacks. If we attempt to charge your registered payment method for a charge that we deem is authorized and valid under the Terms of Service, and the credit/debit card company withholds payment because the charge has been disputed (a “chargeback”) we reserve the right to suspend your access to our service for up to 30 days until the chargeback is reversed. If the chargeback is not resolved and reversed, your account will be deactivated at the end of the 30 day period. Any balance in your account is not refundable.
Account Balances. To ensure continued access to the Service, you must maintain a positive account balance at all times or pay any applicable subscription charges (depending on your Service Plan). Account balances are not transferable, redeemable for cash, or refundable; once you make payment on your account, you are provided a credit on your account that can only be used to pay for our Service during the access period. Your Service will be interrupted if you fail to maintain a positive account balance or timely pay applicable subscription charges. (See Suspension and Termination section below) Any balance in your account may be forfeited if not used within the access period specified in your Service Plan. If you replenish your account during the access period, the access period restarts. If you do not use your account balance during the access period, your account balance will expire and you will not be entitled to a refund or service credit. Certain anytime minute plans may allow you to “roll over” any unused minutes from a previous cycle as long as the line remains active and abusive service levels are not reached.
Suspension and Termination. If you fail to maintain a positive balance, you will have 30 days (30 day grace period) to make any appropriate payments on your account. During this time, your access to the Service will be suspended. If you do not make payment during the grace period your account will be terminated. We reserve the right to issue a warning and to suspend or terminate your Service if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or polices or for any other reason in our sole discretion. Any balance in your account is not refundable.
You may terminate your Services at any time. To notify us of your termination, please call Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550. Any balance in your account is not refundable.
Taxes and Other Regulatory Related Charges. We may deduct from your account balance, taxes, regulatory-related obligations and other charges levied by federal, state or local authorities, or foreign government on Services, or mandated to be paid in proportion to receipts from telecommunications services provided, or on sales of equipment (except for taxes based on our net income), if we pay these taxes or other regulatory related charges. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we received a valid tax-exempt document.
Surcharges: We may deduct from your account balance surcharges which include but are not limited to: Federal Universal Service, various regulatory fees, administrative charges and charges we incur in complying with government programs.
Messaging. Text (SMS) and picture (MMS) messaging is not available on all plans. If you have a plan with messaging, message rates apply for text messages and picture messages when a message is received, whether it is read or viewed. You are charged for all incoming and outgoing text messages. If your plan includes a monthly allotment of messages, unused messages may carry over to the next access period.
If you have text messaging on your plan, as an Affinity4 Wireless customer, you may receive periodic FREE account alert announcements via text message to your mobile phone. These text messages are provided to keep you informed about topics specific to your account, such as account balance, and, if applicable, problems with charging your credit or debit account. The account alert text messages sent by Affinity4 are FREE - no text messaging fees apply. You may opt-out of receiving these important text messages by calling Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550.
Roaming. Services are blocked.
Unlimited Voice Services. Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. If we find that you are using an unlimited voice service offering for other than live dialog between two individuals, we may, at our option, terminate your Service or change your plan to one with no unlimited usage components. We will provide you with notice that we intend to take any of the above actions, and you may terminate the Agreement.
Unlimited Data Services. We reserve the right to limit, suspend, or terminate any heavy, continuous data usage that adversely impacts our Network performance or hinders access to our Network. Examples of prohibited uses include the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our Service or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s network or systems; or (vii) software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or any “keep alive” functions.
Interruption of Service. We may give credit for a continuous interruption of Services for more than twenty-four (24) hours on a case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within twenty-four (24) hours of the disconnection to obtain credit.
Phones and Other Equipment. . We are not the manufacturer of the phones or other equipment and the only warranties on the phones or other equipment are limited warranties extended by the manufacturers. Your device is designed exclusively for use on our Network and in other coverage areas we make available to you. It will not accept wireless service from another carrier. For information on returns and repairs, see Equipment Return Policy
and Repair sections below.
Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, notify us immediately by calling Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550. You are responsible for all charges for Services provided to the Number for the lost or stolen equipment before you notify us of the loss or theft. We will suspend your account upon receiving notice that your mobile phone is lost or stolen. If you do not either activate a new mobile phone or notify us that you have found your old mobile phone within 30 days of the suspension of your account, your account will be deactivated. Any balance in your account is non-refundable.
Caller ID. If you do not want people you call to receive the Number assigned by your phone, you must call Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550 for information about automatic Caller ID blocking. The Number assigned to your phone can be blocked on a per-call basis by dialing *67 + Destination Number + TALK. Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your Number is dependent on receiving the information from the calling party.
Pay-Per-Call Service. We will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
International Calling. International calls are blocked on all Service Plans. If you require access to international calling, contact Affinity4 Wireless Service Customer Care toll free at 1- 800-800-7550.
Customer Proprietary Network Information (CPNI). Federal law protects your privacy rights as a customer of Affinity4. Customer Proprietary Network Information (CPNI) is information we possess solely due to the customer-carrier relationship that is necessary for us to serve your telecommunications needs. CPNI is defined by the Federal Communications Commission as information that relates to the quantity, technical configuration, type, destination and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and information contained in the bills pertaining to telephone exchange or toll service received by a customer of a carrier. CPNI does not include information that is in the public domain or available from other sources (i.e., census data, subscriber list information, published directory information). Unless you specifically authorize its use, we may not use CPNI to market our services that are unrelated to the Services to which you currently subscribe. We will not share CPNI with any other company, including our affiliate companies, unless you are also a customer of our affiliate, or unless you have provided authorization. CPNI can be used by us for certain purposes without your permission. We may use CPNI to offer you new or enhanced services that are related to the category of services to which you currently subscribe. We may also use CPNI to respond to your inquiry regarding services you use or related services we offer. We may also use CPNI in repair and maintenance services, billing and collection, to protect company property, and to prevent fraud. We take measures to discover and protect against attempts to gain unauthorized access to your CPNI. In so doing, we authenticate a customer prior to disclosing CPNI based on customer initiated telephone contact, online account access, or an in-store visit. We value our relationship with our customers and are committed to respecting and protecting your privacy.
Limitation of Liability. Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) will not exceed: (1) in cases related to a specific piece of equipment, the prorated monthly re-occurring charge for Services to the piece of equipment during the affected period; or (2) in cases not related to a specific piece of equipment, the prorated MRCs for the Services to you during the affected period. We are not liable for any damage arising out of or in connection with:
a) Any act or omission of any telecommunications service or other service provider other than us;
b) Any directory listing;
c) Any dropped calls;
d) Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitation or system capacity limitations;
e) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phone, equipment or accessories used in connection with the Services;
f) Any late or failed message delivery;
g) Any interruption or failure of 911 or E911 emergency services or identification of the Number, address, name or location associated with any person accessing or attempting to access emergency services from your phone;
h) The installation or repair of any products or equipment by parties who are not our authorized employees or agents;
i) events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike or orders of governmental authority;
j) Any use of your phone or other equipment not authorized by you;
k) Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
l) Your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification. You promise to indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services; or (2) any communications you make or receive using the Services. This indemnification extends to and includes any reasonable attorneys' fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY AFFINITY4. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR THE OPERATORS OF THE NETWORK AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY AFFINITY4. THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Notices. You may get our current address for written notice by calling Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550. Written notice to you is sent to your last known address in our invoicing records. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or applicable law: (1) you may notify us by calling Affinity4 Wireless Service Customer Care; and (2) we may notify you by leaving a message for you on your phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction. This Agreement is governed by, and construed under, the laws of the State of Virginia without regard to its choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts of the State of Virginia.
General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable Virginia State laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not intended to be used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
Equipment Return Policy. If you decide not to activate or use your service, Affinity4 phones and/or accessories must be returned within ten (10) days of receipt of the phones and/or accessories: (1) The product(s) must be returned in like-new condition and undamaged in its original box(es); (2) the wireless phone must have less than 30 minutes of use; and (3) all accessories, printed material and package inserts must be included with the product(s) being returned. These terms also apply if you decide to exchange your wireless phone for another phone. In addition, you may be charged a restocking fee of $35.
Failure to comply with the Retrun Policy may result in the denial of a refund. If you would like to return your Affinity4 product, call Affinity4 Wireless Service Customer Care toll free at 1 800-800-7550 for return authorization and shipping instructions.
Repairs
Defective equipment covered by the manufacturer’s warranty will be repaired or replaced according to the terms of the manufacturer’s warranty. If you would like your Affinity4 product repaired, call Affinity4 Wireless Service Customer Care toll free at 1-800-800-7550 for repair authorization and shipping instructions.
Affinity4 does not manufacture the wireless devices or equipment used by customers for its Services. Affinity4 disclaims any harm that may result from the use or misuse of any wireless device or equipment provided by Affinity4 for use of its Services.
*Although Affinity4, as a re-seller of Telispire, provides Affinity4 subscribers access to the Nationwide Sprint Network and to its wireless services, Telispire is responsible to the Affinty4 subscribers for the service. Please call Affinity4 Wireless Service Customer Care with any questions or comments about services.