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Terms of Service Agreement

These Terms of Service govern your relationship with Beyond Wireless. 

Read them very carefully.

Your Terms of Service include the Beyond Wireless Privacy Policy and Acceptable Use Policy.  Both are found at www.BeyondWireless.org

Introduction

These are your terms of service (“Terms of Service”) and apply to your Beyond Wireless devices, as well as any such devices brought to Beyond Wireless through the 'Bring Your Own Device' program (“Devices”), and your use of Beyond Wireless’s mobile services (“Services”).
 
These Terms of Service apply to all of the Devices we sell and the Services we offer, including the plans, rates, features and terms related to the call minutes, text messages and Internet data you use. Please read your Terms of Service carefully.
 
Your Terms of Service become effective when you accept them, which you do by purchasing a Beyond Wireless Device, or activating a Device on your account, or by using your Device after you make a change to your account. When you accept these Terms of Service, you represent that you are at least 18 years of age.
 
We may change our Terms of Service, including our prices, from time to time, in our sole discretion and simply by updating these Terms on our website. Unless expressly prohibited by law, we reserve the right to modify or cancel our Service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service. Check our website (BeyondWireless.org) for our most recent Terms of Service.  
 
As a subscriber, you are bound by these Terms.  You may terminate your Service at any time, while remaining liable for accrued charges, and we may elect to terminate your Service at any time consistent with these Terms.  
 

Services

We provide mobile telecommunications Services using the Nationwide Sprint® Network; you are bound to follow all Sprint terms and conditions, as found on Sprint’s web site.  All Services provided by Beyond Wireless are for use exclusively with Devices purchased from us or our authorized retailers and resellers or Devices activated by us as part of the 'Bring Your Own Device' program. We cannot guarantee that a device not provided by Beyond Wireless, or a Beyond Wireless Device that has been modified by you, will be compatible with the Nationwide Sprint® Network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Services you have purchased. If you alter or modify your Device in a way not authorized or recommended by your Device's manufacturer, you may lose functionality, and you may be required to purchase a new Device in order to restore Service.

 

Plan fee

You will be billed a monthly plan fee for each Device that's active on your account for all or part of your billing period.

Deactivating and re-activating the same Device multiple times in a given billing month may subject your account to multiple Activation Fees for that one Device.

Various plans include “Unlimited” voice, data or text.  The provision of any specific Service, Unlimited or otherwise, is governed and limited by these Terms of Service.  
 

Call minutes

For the Feature Plan, calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute.  Call minutes may be used to make and receive calls with people within the United States.  International calling or calling outside of the U.S. is available upon request and subject to the sole discretion of Beyond Wireless.   The applicable rate for various types of calls may be found here: International Toll Charges, Roaming Rates, Feature Plan Overage Charges & Directory Assistance and are subject to change.  The time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your Device or your Device’s area code. Call minutes for outbound calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network.

For Unlimited voice calling plans, the terms governing Unlimited plans apply; see below.  Unlimited calls include only calls made and received in the U.S. where roaming charges do not apply.  Unlimited voice plans do not include any other calls, including international calls or calls placed outside of the U.S. or call made or received while roaming; such calls may be completed subject to service availability and will be charged per the above and the rates on our website.

We will charge you a fee for each call to directory assistance in addition to the standard call minutes used. Visit our website for Directory Assistance calling rates.

We will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

 

Text messages

For the Feature Plan, standard message rates for text messages and picture messages apply when a message is sent or received over the stated number in your plan, whether it is read or viewed.
 
Text messaging is only available within the U.S.
 
For Unlimited texting plans, the terms governing Unlimited plans apply; see below.
 
Unlimited texts include only texts sent and received in the U.S. where roaming charges do not apply.  Unlimited text plans do not include any other texts, including international texts or texts sent outside of the U.S. or texts sent or received while roaming; such texts may be sent subject to service availability and will be charged per the above and the rates on our website.
 

Data usage

For the Feature Plan, once you exceed 300MB data in a billing cycle, standard data rates for data usage apply when data is sent or received, whether it is read or viewed.
 
For Unlimited data plans, the terms governing Unlimited plans apply; see below. While the amount of data you may use per month is Unlimited, there will be a limit on the amount of high speed data you may use depending on the plan you have chosen.  High speed data is defined as data using the highest speed available in the coverage area from which the data usage occurs.  Once a subscriber has reached the high-speed data limit specified in their monthly plan, their data speed will be slowed to a level to be determined by Beyond Wireless for the remainder of the calendar month.
 
For the vast majority of users, data will continue to be available at the lower speed(s).  However, should you use more than twice the amount of lower speed data as you are permitted high speed data under your plan for two consecutive months, and in addition to all rights as otherwise permitted below, Beyond Wireless reserves the right to terminate the subscriber or to move the subscriber up to a higher monthly plan beginning with the next billing cycle, with prior notification to the subscriber, who will have the option of terminating Service at the end of that billing cycle.  For example, if you are under Plan A, and utilize 500 MB of high speed data plus more than 1000 MB of lower speed data in each of two consecutive months, Beyond Wireless has the right to move you to either Plan B or Plan C, at its sole discretion, and with notice and your right to terminate, as described. If a subscriber is already on the highest priced plan and has exceeded their high-speed data threshold by two times the amount of high-speed data specified in their plan for each of two consecutive months, Beyond Wireless reserves the right to terminate the subscriber or to charge the subscriber not more than $10.00 for each additional gigabyte of data with prior notification to the subscriber and an opportunity to terminate.
 
All data usage is limited to within the U.S.
 

Additional charges

We also may charge additional fees for specialized requests or services related to your account. We always will keep copies of our pricing information on our website.
 

Taxes, fees and surcharges

Stated prices for our Services do not include taxes, regulatory, or other fees, including a regulatory fee, all of which are additional. We charge state and local sales taxes on all purchases made through our website. Charges also may include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees. Taxes, regulatory and other fees are subject to change without notice.
 

Disputed charges

If you think that there has been an error in any charge to your account, you must notify us within 30 days of the invoice date. You can contact us using the methods indicated on our website. If you do not notify us promptly, you waive any right to dispute the charge, including in any court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will provide an appropriate credit or refund or provide other compensation to you, in our sole discretion. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings.
 

Third party charges

We are not liable for any charges for products or services provided by third parties through and for use on our Devices and network, including for certain applications ("Apps") and services provided by Apps you download to your Device. You must contact the third party directly for any unauthorized or disputed charges.
 

Payment

Payments are either automatically collected from the payment method on file at the end of your billing cycle, or you will be sent a bill. All payments and credits will be received and issued in U.S. Dollars.
 

Account suspension for declined payments or credit card chargebacks

If we have attempted 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 or fails to process such payment, we reserve the right to suspend your access to our Service until payment is received. For a credit card chargeback, if the chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each chargeback. In the event of repeated account suspensions for non-payment, we may, if we accept you for Service, and without limiting any other rights available to us, require additional pre-payment of funds in order to continuing using the Service.
 

Refunds and returns

Monthly charges, taxes, fees and third-party charges are non-refundable.

Lost or stolen device

If your Device is lost or stolen, you are responsible for charges incurred until you notify us of the loss through any of the means indicated on our website. Upon receiving notice that your Device is lost or stolen, we will suspend that Device.

Acceptable uses; suspension or termination of service

You agree not to use our Services in any way that is illegal, fraudulent, threatening or abusive, as we determine in our sole discretion. You may not use Device, or our Service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You may not use our Service in a manner that interferes with another customer's use of our Service or the underlying infrastructure of the Nationwide Sprint Network.
 
You are legally and financially responsible for all data activity to and from your Device, regardless of who initiates the activity.
 
If you intentionally send spam from your Device, we may terminate your Service without further notice.
 
If we terminate your Service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance in your account, which is not refundable.
 
We reserve the right to issue a warning and to suspend or terminate your Service and access to the BeyondWireless.org website or any other website we operate at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies.
 
Please also see the Acceptable Use Policy on our website.
 

Device Content

Some content you attempt to access on your Device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the Terms of Service, you should store photographs and other information permanently by using another means. Downloaded or created content on your Device may expire or be deleted unless you otherwise arrange for its retention and/or preservation.

You are responsible for the content you access on your Device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Device with minors.


Use of applications


Not all applications will work on all of our Devices, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications.


Mobile phone number


The mobile phone number we provide is for your use while you are a customer. If you cancel your Service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.


Network coverage


Our Service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint Network®. Local phone numbers may not be available in certain markets.


Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your Device. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by Sprint, us or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should never rely solely on your mobile phone for emergency calls, including to 911.


Location-based services


Location-based services use and provide information based on the location of your mobile phone. When you turn on your mobile phone, it automatically communicates with Sprint’s network and relays its current location unless you have turned off your mobile phone's location functionality. The accuracy of location-based services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location, or that service will be provided without interruption.

By using location-based services, you consent to have Sprint, us or Sprint’s or our business partners electronically collect, monitor and track your physical location and the location of your Device. We collect and disclose your location information only to provide you with the location-based services you have requested, for billing or in emergency situations as prescribed by law.  If you allow others to use your Device, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.


Safety and security


We are not responsible for the content or security of voicemail, messages or contact lists you create.

Use your Device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your mobile phone to send text messages. Always use your Device in accordance with all applicable laws and regulations.


Use of your customer information


When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.


Law enforcement


We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.


Beyond Wireless website


You may use our website located at BeyondWireless.org to manage your account, make payments, view our content and learn more about our Devices and Services. Use of our website is subject to these Terms of Service, including the Beyond Wireless Privacy Policy and Acceptable Use Policy, both of which are available on our website.


Warranties; Limitation of Liability; Dispute Resolution


All new Devices purchased from Beyond Wireless come with a one-year manufacturer warranty from original date of sale.  Devices brought to Beyond Wireless through the 'Bring Your Own Device' program are not covered by any warranty.  

Beyond Wireless provides no warranty whatsoever; the only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.  Without limitation, we are not responsible for lost data or the time that you were without a Device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your Device, the loss of your data, or the time you were without your Device. We do not warrant any Device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

You agree that any dispute of any nature whatsoever related to or arising out of your Device or Services shall be resolved exclusively through litigation in the courts of the State of Michigan (or the U.S. District Court for the Eastern District of Michigan) under Michigan law. You consent to the exclusive personal jurisdiction and venue in such forum and waive any right to contest jurisdiction and venue and the convenience of any such forum.  

EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO YOUR DEVICE, SERVICES, THESE TERMS OF SERVICE OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).  EACH PARTY HERETO (a) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER DOCUMENTS CONTEMPLATED HEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION AND (c) CERTIFIES THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE.
 
Any resolution of any claim will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”).  THE CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM BETWEEN THEM OR RELATED TO A DEVICE OR SERVICE.  The Parties acknowledge that the Class Action Waiver is material and essential and is nonseverable from the rest of these Terms.  
 
As to any claim, including all claims regarding or related to Services, you agree to limit claims for damages or other monetary relief to direct and actual damages. In all cases, you agree that we, Sprint and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of Devices or Services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our Services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Devices and Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system and we bear no responsibility and cannot be held liable for any failure to maintain the confidentiality of data stored on the Device or by us.  


Indemnification


You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our Devices and Services, or use of our Devices and Services by another person who uses your mobile phone and/or our Devices or Services, whether based in contract or tort (including strict liability) and regardless of the form of action.


Effect of Terms of Service


These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our Devices and Services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.


Notices


You may notify us by electronic means via our website. Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Beyond Wireless phone.


Export


You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our Devices, software, and any underlying information accessed or transferred by you using our Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any of our Devices or software to any foreign country. Any information transferred by you using our Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.


Assignment


You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.


Trademarks and licenses


The Beyond Wireless name and logo are registered trademarks of Long Distance Consolidated Billing Company.


Delivery Methods


All shipments will be shipped standard ground (2-5 business days), unless otherwise selected during the checkout process.
 

Beyondwireless.org is SSL secured for payment data transmission.  

 

For Beyond Wireless Privacy Policy, please click here.

 
Effective as of November 30, 2015