Terms and Conditions of Service
Please read these Terms and Conditions of
Service carefully. These Terms and Conditions of Service are a legally binding
agreement between you and NET10. NET10 is a brand of TracFone Wireless,
Inc. They contain important information about your legal rights, and require
that certain disputes be resolved through Arbitration instead of a court
trial. NET10 reserves the right to change or modify any of these Terms
and Conditions of Service at any time and at its sole discretion. Any
changes or modifications to these Terms and Conditions of Service will be
binding upon you once posted on the NET10 website found at www.net10.com.
By purchasing or activating a NET10 phone or using any NET10 service ("Service"), customer ("You") acknowledges and agrees to the following terms and conditions:
ACTIVATING AND USING YOUR NET10.
Before you can use your NET10, you must activate it by calling Customer Care at 1-877-836-2368 from a landline phone or by visiting the NET10 website at www.NET10.com. You must accept the NET10 telephone number assigned to your NET10 at the time of activation, however, you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Service are owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not NET10. Your NET10 handset can only be used through NET10, and cannot be activated with any other wireless or cellular service. NET10 Services are provided at NET10's discretion. Some functions and features referenced in the Manufacturer's manual provided with your NET10 handset may not be available on your NET10 phone. NET10 may modify, cancel and/or deactivate service or take corrective action at any time, without prior notice, for any reason, including but not limited to, your violation of this agreement. In the event of suspension or deactivation of your service, you will not be entitled to receive any refunds for your handset or unused airtime.
NET10 Prepaid Wireless Airtime is issued in minute increments. Minutes are deducted from the NET10 handset in the following manner: All calls are charged at a rate of one (1) minute of airtime per minute of use. There is no additional charge for nationwide long distance.
The rate to send or receive a text message to another person's phone using your NET10 is 5 cents per message. If you do not want minutes deducted from your NET10 handset, then do not send a text message and/or do not open any incoming text messages.
NET10 service does not allow international text messages. Attempting to send international messages could result in service deactivation.
Please note that NET10 does not generally participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated "short code" or buying or attempting to buy SMS services from anyone other than NET10. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs.
You should not attempt to participate in Premium SMS campaigns, unless it is a NET10 authorized campaign. Any text message you send to a "short code" will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium PSMS services or campaigns (not authorized by NET10), whether you incur charges as deductions from your NET10 handset or from your credit card, are not refundable. You may purchase from NET10 ring tones, graphics and certain information services and utilize multi-media services with certain NET10 models. See NET10 Data Services below.
NET10 offers international long distance service as an additional feature. International long distance calls may be made to certain international destinations (see www.NET10.com for locations). Depending on where you call, minutes are deducted for the international call, plus the minutes charged for a regular call. For some NET10 phone models, you are required to register in order to make international calls. Minutes will be deducted from your airtime balance for every minute the call connects to the international calling system, regardless of whether or not the call is successfully completed abroad. Dropped calls, misdialed numbers, and busy destination numbers will all be deducted beginning at the time the call is attempted. NET10 will not credit airtime minutes that are deducted as a result of unsuccessful attempts to call international destinations. For information regarding available international destinations, international call rates, how to register your NET10 phone and how to place international calls, please visit www.NET10.com or call 1-877-TEN-CENT (1-877-836-2368). You will not be able to make or receive calls on your NET10 phone if you are traveling outside of the United States, Puerto Rico or the U.S. Virgin Islands.
NET10 International Neighbors is a service that enables callers in Mexico and Canada to set up a local number to ring on a NET10 in the U.S. Please visit www.NET10.com or call 1-877-836-2368 for details.
Your NET10 will only operate when you have airtime (minutes) available on the NET10 handset. Add airtime by entering the PIN number (obtained from NET10 Prepaid Wireless Airtime cards or from a retailer cash register receipt) at the Redeem Airtime or Add Airtime menu on your phone, through 1-877-836-2368 or on the NET10 website at www.NET10.com. You must add your NET10 Prepaid Wireless Airtime PIN number to your NET10 within one year from the date of purchase; otherwise the card/PIN expires and you will not be able to add those minutes to your NET10; nor receive a refund for any unused minutes.
Each NET10 Prepaid Wireless Airtime card comes with a number of minutes and a service period that begins to run from the day you add airtime to your NET10. For each NET10 Airtime card you purchase and add to your NET10, you will receive the following:
Each additional card you add will further
extend the Service End Date by the number of days specified on the card or cash
register receipt, without limitation. "Service End Date" is the last
day of your service period. Airtime minutes added to your NET10 do not expire
with active service and usage within a period of twelve (12) consecutive
months. Airtime minutes do not have any cash value. The purchase of NET10
Prepaid Wireless airtime cards is non-refundable. NET10 Prepaid Wireless
airtime cards, airtime rate plans, and card denominations are subject to change
without prior notice. Any Bonus Minutes that are issued upon activation of your
NET10 Phone are not transferable. Any attempt to transfer Bonus
Minutes may result in the deactivation of your NET10 phone.
SERVICE END DATE, DUE DATE OR SERVICE DAYS REMAINING.
If you do not purchase and add airtime prior to the Service End Date or Due Date, before your Service Days run out your NET10 Service will be deactivated on the Service End Date or Due Date and you will lose your NET10 phone number, even if you have minutes remaining. To prevent this from occurring, please keep your NET10 Service active by purchasing and adding one or more airtime cards before the Service End Date, Due Date or when no Service Days are left. Notwithstanding the Service End Date, Due Date or Service Days left, as may be displayed on your NET10, NET10 reserves the right to discontinue service and deactivate any NET10 handset for which there is no voice, text or Data Services usage for a period of twelve (12) consecutive months. If your Service is deactivated, your NET10 can be reactivated by purchasing and adding any NET10 Prepaid Wireless Airtime card. However, once reactivated, your NET10 will be assigned a new phone number. Airtime which remained at the time of deactivation will remain on your NET10 if it is reactivated within 30 days from the deactivation date. However, airtime which remained at the time of deactivation will be lost if your NET10 Service remains deactivated longer than 30 days.
Airtime minutes will be deducted for all time during which your NET10 is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the "send", "call" or other button to initiate or answer a call and does not end until you press the "end" button or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, Customer Care, call waiting calls and calls to access your voice mail. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes are deducted in full unit increments; partial minutes are rounded up to the next minute. Airtime minutes will also be deducted for use of other services such as text messaging and accessing the NET10 Web ("WAP"). Airtime minutes are deducted for all text messages sent and incoming text messages which are opened. No credit is given for dropped calls. Your phone provides 10 airtime minutes for set up and may be used for test calls at NET10's discretion.
If you are in an area where your NET10 is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your NET10 in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
UNAUTHORIZED USAGE; TAMPERING.
The NET10 handset is sold exclusively for use by you, the end consumer, with the NET10 Prepaid Wireless Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your NET10 handset, including without limitation, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with NET10. You agree not to unlock, reflash, tamper with or alter your NET10 or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your NET10 or the Service, or assist others in such acts, or to sell and/or export NET10 handsets outside of the United States. These acts violate NET10's rights and state and federal laws. Improper, illegal or unauthorized use of your NET10 phone is a violation of this agreement and may result in immediate discontinuation of Service and legal action. NET10 will prosecute violators to the full extent of the law. You agree that any violation of this agreement through your improper, illegal or unauthorized use or sale of your NET10 phone shall entitle NET10 to recover liquidated damages from you in the amount of not less than $5,000 per NET10 handset purchased, sold, acquired or used in violation of this agreement.
Some NET10 handsets have SIM cards. If your NET10 has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. The Carriers, NET10, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your NET10 is restricted from operating when you are located anywhere outside of the United States, Puerto Rico or the U.S. Virgin Islands, including offshore or in international waters. Any such usage is considered unauthorized usage by NET10 for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for your handset or unused airtime.
You will find coverage maps on our website, www.NET10.com. These maps are for general informational purposes only. However, NET10 does not guarantee coverage or service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment may interfere with actual service, quality and availability. Actual coverage and service areas may vary from the maps and may change without notice.
"Roaming" occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. When your NET10 is roaming, an indicator light on your handset may display the word "Roam" or "RM" on the screen while the phone is not in use. There are no additional charges for roaming calls with your NET10 handset. Availability, quality of coverage and Services while roaming are not guaranteed.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT.
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. At any time, NET10 reserves the right to substitute and/or replace any NET10 equipment (including handsets) with other NET10 equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer's manual for a particular NET10 handset may not be available on your NET10. NET10 does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither NET10, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your NET10 outside during a lightning storm. You should also unplug the NET10 power cord and charger to avoid electrical shock and/or fire during a lightning storm.
A new NET10 is covered by the handset manufacturer's one year limited warranty. A reconditioned NET10 handset also has a one year warranty provided by NET10 and all NET10 accessories have a 90-day warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from NET10.
How to obtain Warranty Service. To obtain warranty service from NET10 on a new or reconditioned phone or NET10 accessories, please contact Technical Support at 1-877-836-2368. If your problem cannot be remedied over the phone, our NET10 technicians will provide you with a Return Authorization Number, which you will use to send your phone or accessories to the designated NET10 service center for repair or replacement, at NET10's option.
Exclusions and Conditions. This limited warranty does not cover damage or failure caused by abuse or misuse of the phone or NET10 accessories. NET10 does not provide refunds.
All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
NET10 DATA SERVICES.
With certain NET10 phone models, you can download ring tones, graphics, access information services such as news, weather and sports ("Information Services") and utilize multi-media services ("MMS") (ringtones, graphics, Information Services and MMS are collectively referred to as "Data Services") through NET10 Mobile Web ("WAP"). Data Services are additional Services offered by NET10, and there is an additional charge or debit of minutes/units for use of such Services.
Access/Purchase Data Services. In order to purchase, download or access NET10 Data Services, your NET10 must have active service and sufficient available airtime (minutes). Your NET10 will not let you open the WAP browser without an airtime balance of at least 10 minutes.
Each time you access the NET10 WAP with your NET10 phone's browser, 1.0 minute of airtime per minute of access will be deducted from your NET10 phone ("Access Charges"). Access Charges are deducted in full minute increments. WAP access of less than 60 seconds is rounded up to the next full minute.
Access Charges begin when your NET10 phone makes a data connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download, confirm a subscription, view subscribed Information Services or if WAP access is initiated for any other purpose. Access Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined from the exact moment you press a button on your NET10 phone to open or close the browser.
In addition to the Access Charges, there will be a charge each time you select and purchase content to download ("Content Charge") and if you subscribe to an Information Services ("Subscription Charge"). The Content Charges and Subscription Charges vary depending on the type of content and/or subscription. You will be advised of the Content Charges and/or Subscription Charges prior to finalizing your purchase. The total Access Charge will vary depending on the size of the content and the actual time it takes to download the content.
The Data Services you purchase and download may only be used or viewed on the NET10 phone for which they were purchased and cannot be transferred to any other device, including a new or replacement NET10 phone. Data Services are non-refundable and non-transferable.
Purchase Options for Data Services: You may purchase Data Services either through your NET10 phone's WAP browser or through the Internet (with a personal computer) at www.NET10.com.
When you purchase Data Services from www.NET10.com with a personal computer, the Content Charge shall be shown in both U.S. Dollars and in minutes. You will have the opportunity to select one of two payment options: (1) using a credit card to pay the purchase price shown, or (2) a direct deduction of minutes from your NET10 phone. The number of minutes to be charged is based on the last airtime card added to your NET10 phone. See Purchasing Data Services With Airtime Minutes below.
How to purchase from the Internet (www.NET10.com): Go to "Ringtones and More" at www.NET10.com and enter your NET10 phone's serial number (ESN /IMEI). This will take you to the NET10 Data Services content catalog where you can browse, sample and purchase ringtones and/or graphics. After you find a title, and select "Buy", you will then be presented with the two purchase options described above.
How to purchase through your NET10 phone's WAP browser: Select "BROWSER" on your NET10 phone. Then select "Start Browser" and you will be presented with a menu. When you use your NET10 phone's WAP browser to purchase Data Services, only the minute charge purchase option is available. Credit card payments are not available through your NET10 phone. Note: Ringtones can only be sampled on the NET10 Internet web site (www.NET10.com).
Purchasing Data Services With Airtime Minutes: The method for converting Content Charges or Subscription Charges from U.S. Dollars to minutes is based on a dollar-to-minute conversion factor. The NET10 conversion factor is: $1.00 equals 10.0 minutes of airtime.
The costs for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor(s) are subject to change without prior notice.
Subscription to Information Services: NET10 offers two options for subscription-based Information Services (news, weather and sports): (1) a one-day (24 hour) subscription or (2) a 30-day subscription.
A subscription for Information Services allows you to view the various Information Services during the duration of the subscription. For example, a 30-day subscription allows access to news, weather and sports at any time during the 30-day period.
In addition to the initial Subscription Charge to purchase the one-day or 30-day subscription, you will also incur Access Charges whenever you open your NET10 phone's WAP browser to access/view the Information Services. The Access Charge is 1.0 minute of airtime per minute of access. Subscriptions to Information Services can only be purchased directly from your NET10 phone.
Subscriptions to Information Services are only accessible on the NET10 phone on which they were purchased and cannot be transferred to any other device, including a new or replacement NET10 phone. Information Services are non-refundable and non-transferable.
Your NET10 phone service must remain active to access your subscription to Information Service. If your NET10 phone service expires, your subscription to Information Services will be terminated. Your Information Services subscription will not be reinstated, even if your NET10 phone is reactivated during the original subscription period. There is no pro-rated refund of Subscription Charges as a result of deactivation or expiration of service.
Charges for MMS (e.g., picture messaging): You will be charged 2.5 minutes to send or receive a multi-media message (the "MMS Charge"). In addition to the 2.5 minute MMS Charge, there will also be an additional WAP Access Charge of 1.0 minute of airtime per minute of access for the time it takes to send or receive the multi-media message. The total WAP Access Charge will vary depending on the size of the multi-media message being sent or received.
Additional Access Charges for Data Services: In addition to the Content Charges, Subscription Charges and MMS Charges, and regardless of the payment option you use, there is always an additional Access Charge of 1.0 minute of airtime per minute of access associated with downloading content, accessing/viewing Information Services or utilizing MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to download the content, access/view the Information Service or utilize MMS.
Modifications, Interruptions, or Discontinuation of Data Service: NET10 does not guarantee the availability of Data Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in analog service areas or outside of your home calling area. NET10 is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, NET10 will NOT refund/reimburse you for any remaining used or unused subscription time. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions set forth herein. If the NET10 WAP is unavailable, and you have opened your browser, you will be charged the Access Charge of 1.0 minute of airtime per minute of access, even though you will not be able to view the Mobile Web.
Non-Rated Content: NET10 strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. NET10 data service content is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold NET10 liable for any offensive or objectionable content.
Additional Information: For more information on Data Services, please consult the material included in your NET10 phone Welcome Kit and/or User's Guide. Additional information can also be found at www.NET10.com.
LIMITATION OF LIABILITY.
NET10 will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and Services. NET10 will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. When you return your NET10 phone to NET10 for any reason, NET10 is not responsible and shall not be liable to you to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your NET10 handset or which may remain on your NET10 phone.
You agree to indemnify and hold harmless NET10 from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys' fees on account thereof resulting from your use of a NET10 and NET10 Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE, EXPORT, ALTERATION, AND/OR TAMPERING OR YOUR TRACFONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF NET10'S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with NET10, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude NET10 from bringing claims concerning the unauthorized sale, export, alteration, and/or tampering of your NET10, its software, the Services and/or PIN numbers in state or federal court and such claims are expressly excluded from this arbitration provision. References to you and NET10 include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All customer or consumer claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to NET10 by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating an arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively "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 NET10 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 NET10 agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of an arbitration will be divided between you and NET10 in accordance with the AAA Rules, except that NET10 will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis or in a representative capacity, (ii) the right to a trial by jury and (iii) any claims for punitive or exemplary damages. Unless NET10 and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited by law, NET10 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 NET10 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 into any court having jurisdiction thereof.