Telscape Prepaid Wireless Service - Telscape Communications, Inc

Telscape Wireless SM Terms and Conditions of Service
We are Telscape Communications, Inc. also doing business as Telscape Wireless. In this document, we use the
words “we,” “us,” “our” or “Telscape”, “Telscape Wireless” to refer to Telscape Communications, Inc. Please read
these Terms and Conditions of Service carefully as they contain important information and guidelines about your
wireless service (“Service”) and constitute an Agreement between you and Telscape. These conditions apply to
your Service, devices and wireless phones.
YOU ACCEPT THESE TERMS AND CONDITIONS OF SERVICE WHEN YOU ATTEMPT TO OR IN ANY WAY USE
YOUR SERVICE OR PAY FOR ANY SERVICES. IF YOU DO NOT ACCEPT, DO NOT DO ANY OF THESE THINGS.
WHEN YOU ACCEPT THE TERMS AND CONDITIONS OF SERVICE, YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OF AGE.
1. Activation. Before you can use your Telscape Wireless Service, you must activate your Service by paying your
service activation fee. You may activate your service by calling Telscape Customer Service at 1-800-430-0443
from a wireline (i.e. non-wireless) phone or by visiting us at a Telscape retail location. At the time of activation
you may either port over your existing telephone number from your old service provider or you must accept
the telephone number assigned to you by Telscape. If you choose Telscape Post-Paid Service, i.e. non-prepaid,
pay for service in advance (“Post Paid Service”) before we activate your account, you expressly authorize
Telscape and/or its agent to check your credit and verify your identity, whether you ultimately take Services
from us or not. You must have and maintain satisfactory credit to receive and continue to receive Services. We
may charge a nonrefundable activation fee, deposit, prepayment or other fee to establish and/or maintain
Services. If you chose Telscape Pre-Paid Service i.e. pay for service as you go (“Pre-Paid Service”) there is no
credit check or verification of your identity and no service deposit is required.
2. Phone Number. The phone number that is assigned to you is for your exclusive use but it will remain our
property. If you decide to cancel your service or if your service is terminated, we may issue that number to
another customer without any notice to you, with exception of you transferring your telephone number to
another service provider. You are allowed to request a telephone number change two (2) times in a twelve
(12) month period and an additional cost may apply.
3. Prohibited Uses. You agree to not use your Service in an unlawful, fraudulent, threatening or abusive manner.
You agree not to tamper or alter the handset or its software. You may not resell or lease your Service to
anyone. Your Service may be suspended or terminated, without notice for improper use or for any violation of
the terms and conditions listed herein at the sole discretion of Telscape, which include, but are not limited to:
(a) “spamming,” or other abusive messaging or calling; (b) using your Service in a way that adversely affects
our network or other customers; (c) unusual activity indicating fraudulent use; (d) paying late more than once
in any 12 months; (e) incurring charges larger than a required deposit or billing limit (even if we have not yet
billed the charges) or (d) for any operational or governmental reason. You are responsible for any use of your
Service on your account including, but not limited to, use by children or minors. We strongly recommend
that you closely monitor your account and any such usage. Your Service is provided at our sole discretion
and we may change and/or cancel your Service at any time for any reason without prior notice. In the event
of Service suspension and/or cancellation, you will not be entitled to receive any refunds or credits
whatsoever for used minutes and/or unused funds.
4. Account Spending Limits and Deposits. We may impose an account spending limit on your account without
notice. We may impose an account spending limit based on your credit history and/or payment history. We
may suspend your account without prior notice when the account balance reaches the account spending limit,
even if the account is not past due. Services can be restored upon payment of an amount that brings the
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account balance below the account spending limit and any past due amounts. We may require an advance
deposit from you to establish or maintain an account (not applicable to Pre-Paid Service). Unless otherwise
required by law, deposits may be mixed with other funds and will not earn interest. You cannot use a deposit
to pay any bill. If your account is terminated for any reason, we may, without notice, apply your deposit to any
outstanding charges. We may send any remaining deposit amounts to your last known address within 75 days
after account termination. If the funds are returned to us, you may claim these funds for one year from the
date of return without any accrual of interest for your benefit and is subject to a servicing fee charged against
the balance. You forfeit any portion of the money left after the one-year period.
5. Service Commitment Agreements and Early Termination Fees. Telscape does not have Service Commitment
Agreements and never charges an Early Termination Fee.
6. Airtime Rates. All phone usage, including incoming and outgoing calls, incur charges. Our Service does not
include roaming. Airtime minutes are deducted for all times during which your Service is in use, regardless of
whether or not your call completes. Use of your Service begins when you press the "send" or "call" 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, and calls to voice mail. Airtime minutes are not deducted for calls to 911. Airtime
minutes are deducted in one minute increments; partial minutes are rounded up to the next whole minute.
No credit is given for dropped calls. If you subscribe to Pre-Paid Service, airtime is issued in one minute
increments equal to the value of funds added to your account.
7. Unused Minutes and Service Expiration. Unused minutes and/or unused funds will expire within 30 days from
the last payment date (“Service End Date”). Unused minutes will also expire immediately upon default or
disconnection of service.
8. Messaging. You may incur charges for accessing, sending or receiving messages on your device. We may
impose limits on the number of voicemail, text, email or other messages that can be retained through your
account. Indicators of messages on your device, including mailbox icons, may not always provide an up to date
indication of new messages and you may at times need to manually reset or clear your mailbox indicator.
Legitimate messages may be interrupted by software aimed at prevention of unsolicited bulk email, text
messages or the like (“Spam”). There is always a cost to receive or send text messages with your service. The
rates to send text messages and to receive text messages will vary depending on your particular Service plan.
International text messages may or may not be allowed depending on your particular Service plan. We may
impose limits on the number of text messages sent and/or received through your Service at our sole discretion
and without CAUSE.
9. International Dialing. You may use your Service to make international long distance calls to landlines and
mobile phones; calls to international mobile phones may be billed at higher rates and may also be charged a
per minute mobile termination surcharge when you place a call to a mobile number in some international
countries. You will be billed for all international calls the moment that the call is placed, regardless of whether
or not the call is actually connected. In addition to being billed the applicable per minute rate for the
international long distance call, you will also be deducted airtime minutes. It is your responsibility to be aware
of any per minute mobile termination surcharge when you place a call to a mobile number in an international
country. For specific mobile termination surcharges that apply, please contact Telscape Customer Service at
1-800-430-0443.
10. Adding Airtime and Service End Date. If you subscribe to Telscape Pre-Paid Service, your Service will not work
if you do not have funds available on your Service account. You can add airtime by calling Customer Service at
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1-800-430-0443 or by visiting one of our Telscape retail locations or an authorized payment location. There is
a minimum five ($5.00) dollars requirement each time you add funds to your Service account but there is no
limit to the amount of funds you may add. If you have incurred charges that were not assessed to your
account prior to your account balance reaching zero, these outstanding unpaid charges may be deducted from
any subsequent amounts you add to your Service account. Regardless of the amount of funds you add to your
Service account, you will continue to be billed at the rates for the plan you previously selected unless you
contact us to change your plan. If you do not purchase additional airtime before the Service End Date, your
account will be deactivated and you will lose your telephone phone number. If your Service is deactivated, you
can reactivate it by adding a minimum of fifteen ($15.00) to your account, but you will be assigned a new
phone number.
11. Airtime Usage. Airtime minutes will be deducted for all times during which your Service is in use, regardless of
whether or not your call completes. Use of your Service begins when you press the "send" or "call" 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, and calls to voice mail. Airtime minutes are not deducted for calls to 911. Airtime minutes
are deducted in one minute increments; partial minutes are rounded up to the next minute. No credit is given
for dropped calls.
12. Emergency Calls. If you are in an area where there is no wireless signal and/or cannot use your Service, calls
made to 911 will not go through. Do not rely solely on your mobile Service handset in an emergency situation,
locate the nearest landline telephone and call for help.
13. Coverage. Coverage is not available in all areas and we cannot guarantee coverage at all times or without
interruptions or delays (dropped calls, blocked calls, etc.) in our Service coverage areas. Actual coverage and
quality of Service may vary due to circumstances beyond our control, including but not limited to network
restraints, signal strength, interference from buildings and other structures and atmospheric conditions. Your
Service is restricted to the intercontinental United States.
14. Lost or Stolen Phone. If your phone is lost or stolen, please contact us immediately by calling Customer
Service at 1-800-430-0443. We will temporarily suspend your Service. You will continue to be responsible for
all usage and charges incurred on your phone up until the date and time you notify us of the loss or theft.
You may be asked and if so, agree to cooperate with us in investigating any suspected unlawful or fraudulent
use of your Service, which may include providing a sworn statement about the theft if requested.
15. Phones. Your wireless phone is any device you utilize to use your Service; it must comply with Federal
Communications Commission regulations and be compatible with the Network. We did not manufacture your
wireless phone and we are not responsible for any defects or for the acts or omissions of the manufacturer.
You may return your wireless phone to us within 15 days of your service activation date if it is accompanied
by the original receipt and returned in new condition with all original packing and equipment; if your phone
is a “refurbished” wireless phone, there is no warranty extended to you by Telscape and all wireless phones
are non-returnable and sold “AS IS”. A re-stocking fee of $25.00 will be assessed to all opened packages. At
times we may change your mobile phone's software or programming remotely and without notice. This could
affect data you have stored on, or the way you have programmed, your mobile phone. You cannot use
Telscape phones with any other service or on any other network.
16. Refunds. If you cancel your Telscape Post-Paid Service you may be entitled to a refund depending on your end
service date. Telscape Post-Paid monthly Service charges are prorated using a 30 day monthly bill cycle,
therefore you are charged for your Service by the number of days you had active service in a month, plus the
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next full month. You will be refunded for the unused or remaining portion of your bill cycle. If you subscribe to
Telscape Pre-Paid Service and you cancel your Service or your Service is terminated by us ANY AND ALL FEES
AND CHARGES PAID TO YOUR ACCOUNT ARE NON-REFUNDABLE, REGARDLESS OF WHETHER OR NOT YOU
HAVE USED THE SERVICE. Any amounts received will automatically be applied to your Pre-Paid Service
account.
17. Charges. You agree to pay for all access, usage, and other charges and fees we bill you or that the user of your
wireless phone accepted, even if you were not the user of your wireless phone and did not authorize its use.
You will be assessed charges based on the terms of your Service including, without limitation, monthly
recurring charges and charges based on actual usage (i.e., charges for long distance, call forwarding, directory
assistance, etc.). For voice calls received by your device, you are charged from the time shortly before the
phone starts ringing until the call is terminated. You are charged for an entire voice call based on the time
period in which the call is initiated. International rates may change without notice. Calls to international
cellular termination points may be billed at higher rates.
18. Disputed Charges. If you want to dispute any charge to your account, you must contact us within 30 days of
the disputed charge by writing to us or calling Customer Service at 1-800-430-0443; you accept all charges not
disputed within this time period. You must pay any disputed charges until the dispute is resolved. Within 30
days we will review any claim to determine if an error has been made and, if appropriate, credit your account
accordingly.
19. Pre-Paid Service Billing. Your Service does not provide a detailed billing usage summary. You may call 611 free
of charge for a summary of your account balance and usage summary, 24 hours a day, 7 days a week.
20. Post-Paid Service Billing and Payments. Your bill is our notice to you of your fees, charges and other
important information. Your bill reflects the fees and charges in effect under your Plan at the time they are
incurred. You should read everything in your bill carefully. Monthly recurring and related charges for Services
are generally invoiced one invoicing cycle in advance. Most usage is generally applied to the invoicing cycle in
which they are incurred, but in some instances may be applied to subsequent invoicing cycles. Payment is due
in full as stated on your bill. You must pay all charges by the due date on your invoice. Past due amounts
accrue late charges until paid at the rate of one and a half percent (1.5 %) per month or at the highest rate
allowed by law and may result in immediate suspension of your account. You may be charged additional fees
for certain methods of payment and for payments denied by a financial institution.
21. Privacy. We have a duty under Federal and State law to protect the confidentiality of your personal
information and your use of our Service. We will not intentionally share personal information about you
without your permission. It is illegal for unauthorized people to intercept your calls, but such interceptions
may occur to comply with legal or law enforcement request. For training or quality assurance, we may also
monitor or record our calls with you.
22. Changes to Agreement. Your Service is subject to these Terms and Conditions which we can change with
notice of at least one billing cycle. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES
AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME. ANY CHANGES TO THE AGREEMENT
BECOME EFFECTIVE WHEN WE PUBLISH THEM. IF YOU USE OUR SERVICES OR MAKE A PAYMENT TO US ON OR
AFTER THE EFFECTIVE DATE OF THE CHANGES, YOU ACCEPT THE CHANGES. IF THE CHANGES HAVE A
MATERIAL ADVERSE EFFECT ON YOU, YOU CAN END THE AFFECTED SERVICE BY CALLING US WITHIN 15 DAYS
AFTER THE CHANGES GO INTO EFFECT.
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23. Miscellaneous. Notices by us are considered delivered upon posting on our website. You may notify us by
calling Customer Service at 1-800-430-0443. If any part of this Agreement is held invalid or unenforceable, that
part may be severed from this Agreement. This Agreement forms the entire agreement between us. You
cannot rely on any other documents or statements on those subjects by any sales or service representatives,
and you have no other rights with respect to Service or this Agreement, except as specifically provided by law.
Except to the extent we have agreed otherwise, this Agreement and disputes covered by it are governed by
federal law and the laws of the state of California, without regard to choice of law principles or the conflicts of
laws rules of that state.
24. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OF WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. WE DO NOT
PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY
WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS.
25. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS ARE
LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU,
OR ANOTHER PERSON OR COMPANY; (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING
DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G.,
DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.); (C) TRAFFIC OR OTHER ACCIDENTS, OR ANY
HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES OR
RELATED ACCESSORIES; (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS
THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS
EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING 911, E911 OR OTHERWISE; OR (F) 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. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE ARISING
FROM OR IN CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE.
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR
OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL
APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF
CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. YOU AGREE TO INDEMNIFY US
FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES.
26. Mandatory Arbitration of Disputes. IN THE EVENT OF A DISPUTE, INSTEAD OF SUING IN COURT YOU AND
TELSCAPE AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES AGAINST EACH OTHER
ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SERVICES, ANY
PHONES/EQUIPTMENT, OR ADVERTISING, EVEN IF IT ARISES AFTER YOUR SERVICES HAVE BEEN TERMIANTED,
AND INCLUDING CLAIMS YOU MAY BRING AGAINST TELSCAPE EMPLOYEES, AGENTS, AFFILIATES OR OTHER
REPRESENTATIVES OFTELSCAPE. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT AND ITS
PROVISIONS, NOT STATE LAW, GOVERN ALL QUESTIONS OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.
THIS PROVISION DOES NOT PREVENT EITHER YOU OR TELSCAPE FROM BRINGING APPROPRIATE CLAIMS IN
SMALL CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A STATE PUBLIC UTILITIES
COMMISSION. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, WE WAIVE ANY RIGHT TO
A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN CLASS ACTION LITIGATION. THIS
AGREEMENT DOES NOT PERMIT CLASS ARBITRATIONS. WE ALSO EACH AGREE, TO THE FULLEST EXTENT
PERMITTED BY LAW, THAT: (1) EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY
Rev 03.20.12 © Telscape Communications. All rights reserved. No reproduction in whole or in part without prior written approval.
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OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR MOBILE
SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE
PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY
ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BEFORE THE AAA. (2) THIS PROVISION
DOES NOT PREVENT YOU OR US FROM BRINGING A CLAIM IN A SMALL CLAIMS COURT OR BEFORE A FEDERAL,
STATE OR LOCAL GOVERNMENT AGENCY. (3) A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW WILL
CONDUCT THE ARBITRATION. (4) ALL EXPEDITED PROCEDURES PRESCRIBED BY THE APPLICABLE RULES WILL
APPLY. (5) THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, AND JUDGMENT ON THE
AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. (6) IF ANY PARTY FILES A JUDICIAL OR
ADMINISTRATIVE ACTION ASSERTING A CLAIM THAT IS SUBJECT TO ARBITRATION AND ANOTHER PARTY
SUCCESSFULLY STAYS SUCH ACTION OR COMPELS ARBITRATION, THE PARTY FILING THAT ACTION MUST PAY
THE OTHER PARTY'S COSTS AND EXPENSES INCURRED IN SEEKING SUCH STAY OR COMPELLING ARBITRATION,
INCLUDING ATTORNEYS' FEES. (7) AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE
ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE
AWARD ITSELF. (8) IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, OR A CLAIM
PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY.
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