This is an agreement (“Agreement”) for wireless telecommunications services for voice and/or data and any related services and/or features (“Service”) between you and SunCom, which is licensed to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) (“Number”). The term “Phone” means wireless receiving and transmitting equipment that we have authorized to be programmed with the Number and any accessories.

IF YOU USE THE PHONE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR PHONE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE.

 

MANDATORY ARBITRATION PROVISIONS:

The section below entitled Dispute Resolution sets forth our mutual binding agreement to use mandatory arbitration for the resolution of any disputes between us, instead of using a court or class action lawsuit or procedures, unless otherwise provided in the Dispute Resolution section.

 

1. SUNCOM ACCOUNT PROTECTION

In order to protect you from fraud, unexpected calling patterns or simply a large bill, your SunCom account will be capped regardless of the number of lines on your account (contact SunCom to find out your account protection level). This means that if charges

to your account (including the monthly plan amount, charges for features, text or picturing charges, roaming fees, long distance fees, late fees and all other fees) reach your spending cap, your account will be “temporarily suspended” which means that you can no longer make or receive calls, send or receive text messages or use your data plan. Instead, your outbound calls will be automatically routed to SunCom (No change with inbound calling). When you substantially reduce the unpaid charges, your account will be restored to regular service.

 

2. SERVICE

a. TERM; EARLY CANCELLATION FEE

The term of this Service Agreement depends on the service plan, feature or promotion you select and is described in a separate SunCom Service Plan (“Service Plan”) or feature or promotional materials which are incorporated as part of this Agreement. The term of this Agreement for each Number begins on the date we activate Service for that Number. IF YOU SELECT A SERVICE PLAN, FEATURE OR PROMOTION WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A ONE-YEAR PLAN), YOU AGREE TO PURCHASE THE SERVICE FOR THE FULL TERM. After the fixed term expires, this Agreement will continue on a monthto-month basis unless terminated by either party upon notice provided no less than 30 days prior to the expiration of the then-current term, as specified in your Service Plan by calling 611 from your SunCom wireless phone or dial 800-Sun-Serv. IF YOU SELECT A SERVICE PLAN, FEATURE OR PROMOTION WITH A FIXED TERM, YOU MAY TERMINATE THIS AGREEMENT WITHIN 15 DAYS AFTER YOUR ACTIVATION DATE WITHOUT ANY CANCELLATION FEE EXCEPT THAT HEARING DEVICE USERS WHO PURCHASE A HEARING AID COMPATIBLE PHONE AND SELECT A SERVICE PLAN, FEATURE OR PROMOTION WITH A FIXED TERM MAY TERMINATE WITHIN 30 DAYS AFTER YOUR ACTIVATION DATE WITHOUT ANY CANCELLATION FEE. IF YOU TERMINATE MORE THAN 15 DAYS AFTER YOUR ACTIVATION DATE (30 DAYS AFTER YOUR ACTIVATION DATE FOR HEARING DEVICE USERS WITH A HEARING AID COMPATIBLE PHONE), BUT BEFORE THE END OF YOUR FIXED TERM, OR WE TERMINATE FOLLOWING YOUR DEFAULT, YOU WILL BE IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR DAMAGES WILL BE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND AGREE TO PAY US , AS A REASONABLE ESTIMATE OF OUR DAMAGES AND IN ADDITION TO ALL OTHER AMOUNTS OWING, A $200 CANCELLATION FEE FOR EACH NUMBER.

 

b. SERVICE RATES

Your Service Plan rates and other charges and conditions for each Number or Phone are described in your Service Plan brochure and Welcome Guide, each of which is incorporated as part of this Agreement. If you lose your eligibility for a particular Service Plan, we may change your Service Plan upon prior notice to you. If you misrepresent your eligibility for any Service Plan (including your or any Authorized Users' principal place of business or primary residence) SunCom may terminate your service immediately, charge you a cancellation fee and/or charge you the additional amount you would have been charged under the most favorable Service Plan for which you are eligible. If you select a Service Plan with included airtime, unused included airtime from one billing cycle will not carry over to the following billing cycle.

 

c. International Roaming

Rates subject to change. Please refer to www.suncom.com/features/international_roaming.shtml for details. All countries may not be available for roaming. When outside the US , Puerto Rico or US Virgin Islands, you will be charged international roaming airtime rates when incoming calls are routed to voicemail even if no message is left. International airtime charges will also apply whether or not the message is delivered. International roaming rates apply for all calls placed or received while outside the US, Puerto Rico or US Virgin Islands . Availability, quality of coverage and services while roaming are not guaranteed and are subject to change. International taxes and surcharges apply. Calling to certain countries, when calling from the U.S. or internationally, is blocked, which is subject to change without notice. Billing for international calls may be delayed by up to six billing cycles due to information supplied by international carriers.

 

d. AVAILABILITY/INTERRUPTION

Service is available to your Phone when it is within the operating range of our system and may be available outside of that area in other participating carrier areas. Devices may be incompatible with TTY, so TTY users may be unable to make emergency calls.

 

e. ACCEPTABLE USE OF SERVICE/PHONE/NUMBER

You agree not to use the Phone or Service for any unlawful or abusive purpose or in any way which damages our property or interferes with or disrupts our system or other users. You will comply with all laws while using the Service and you will not transmit any communication which would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content transmitted through your phone. Resale of Service is prohibited without prior written contractual arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Phone is compatible with our Service and meets federal standards. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. IP addresses for services provided on the SunCom GSM/GPRS Network will be assigned dynamically per session from a private pool and not all protocols will be supported. Other IP addressing options are available for additional cost. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Phone to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. Your Phone may have been manufactured to operate exclusively with service provided by us. The Phone may not be able to be activated with any other wireless carrier and if your Phone utilizes a SIM card it may accept only a SunCom SIM card. By using this Service, you agree to abide by the terms and conditions of any applicable software license. We may block access to certain categories of numbers (e.g. 976, 900 and certain international destinations) or certain web sites if, in our sole discretion, we are experiencing excessive billing, collection, fraud problems or other misuse of our network.

 

f. UNAUTHORIZED USAGE

You may not program the Number into any telecommunications equipment other than the Phone or change the electronic serial number (ESN) or the Equipment Identifier (EID) of the Phone. If your Phone, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Notwithstanding anything else in this agreement, failure to provide reasonable cooperation will result in your liability for all fraudulent usage.

 

g. RELEASE OF INFORMATION

You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for services; to protect our rights or property or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or if we believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

 

3. AUTHORITY

You hereby warrant and represent that you are: (i) legally competent to enter into this Agreement, and are not subject to any disability that would prevent you from entering into this Agreement and being bound thereby, and (ii) in the case of an individual, over 18 years old and a resident of one of the fifty United States, or 21 years old. If you order or activate Service on behalf of an entity, you hereby warrant and represent that you are authorized by that entity to do so, and hereby acknowledge, agree, warrant, and represent that such entity is bound by the terms and conditions of this Agreement; provided, however, that you also acknowledge, agree, warrant, and represent that each term and condition that relates to your use of the Service will also bind you individually. If you activate Service without authorization on behalf of an entity, you hereby acknowledge, agree, warrant, and represent that you will be personally responsible for all charges and will be fully bound by this Agreement as if you had activated Service on your own behalf.

 

4. CHARGES/PAYMENT/DEFAULT

a. GENERALLY

You are responsible for paying all charges to your account, including but not limited to airtime, access, subscription, features, data usage, roaming, long distance, and directory and operator assistance charges, the price of Phones and accessories, shipping/ handling fees and any taxes or surcharges imposed on you or on us as a result of your use of the Service or the purchase of goods. You will be billed at domestic airtime or roaming rates for 800, 866, 877, 888, and other “toll free” calls. Airtime is measured during the time you are connected to our system, which is approximately from the time you press SEND or other button to initiate or answer the call until approximately the time you press END or other button to terminate the call. If an incoming call has been forwarded to another phone number, you will be charged for the full duration of the call as measured by our switch. Airtime usage on each call is billed in full minute increments, with partial minutes rounded up to the next full minute. For calls within your home (local) area, you will not be charged for busy or unconnected calls, if you press “End” or “No” within a reasonable time. If you use your Phone as a pager, you will be charged for messages as described in your Service Plan. Various taxes, surcharges, fees, and other assessments are imposed relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will determine, in our reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such charges. You are responsible for paying these taxes and other assessments, regardless of whether they are assessed on you or us. To determine which jurisdictions' taxes and other assessments to collect, federal law requires us to obtain your Place of Primary Use (“PPU”), which must be your residential or business street address and must be within our licensed service area. You agree to provide us your PPU and to notify us of any changes in your PPU. If you do not provide us with an appropriate PPU, we may reasonably designate one for you. On certain Service Plans, your PPU must be your residential address.

 

b. BILLING AND PAYMENT

We will provide your bill in a format we choose, which may change from time to time. Payment of all charges is due upon receipt of invoice. A fee may be charged for additional copies of bills. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card or account.

 

c. LATE PAYMENTS/DISPUTES

Time is of the essence for payment. Therefore, you agree to pay us a late payment fee of 1.5% or $5, whichever is greater, and as permitted by applicable law for amounts unpaid 20 days after the payment due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due under this Agreement. For any check or electronic payment returned for nonpayment, we will assess an additional fee of $25 and we may, without notice to you, suspend Service and /or terminate this Agreement, in addition to all other remedies. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction of the amounts owed, or stipulating any other conditional action, agreement or proposed resolution of any dispute must be (i) in writing, (ii) marked “Billing Dispute” on the outside of the envelope, (iii) sent to our address contained on the invoice, and (iv) received by us within 30 days after receipt of the invoice.

 

d. DEFAULT/TERMINATION

If you fail to pay any amount owed to us or an affiliate of ours within 20 days after the date of invoice, or you fail to make a substantial payment after reaching your account protection limit, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any promises you made in this Agreement, or if you are subject to any proceeding under the United States Bankruptcy Code or similar laws, you will be in default and we may suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. We will require reactivation charges to renew Service after termination or suspension. You can find our current reactivation charges at www.suncom.com. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs, including reasonable attorney's fees and expenses, we incur in enforcing this Agreement up to and including any appeal.

 

e. DEPOSITS/SERVICE LIMITS/CREDIT REPORTS/ RETURN OF BALANCES

You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and /or business payment and credit history. We may require a deposit or set a service limit to establish or maintain Service. The deposit will be held as a partial guarantee of payment. It cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. We may require you to increase your deposit at any time to reflect your estimated monthly charges based on actual usage or our reevaluation of your ability to pay. If, after one year of uninterrupted service, your account has had no collection activity initiated against it and/or no check has been returned for insufficient funds, SunCom will automatically refund your security deposit within 60 days. If you default or this Agreement is terminated, we may, without notice to you, apply any deposit towards payment of charges due. After approximately 90 days following termination of this Agreement, any remaining deposit or other credit balance in excess of $10 will be returned without interest to you at your last known address. You agree any amounts under $10 or amounts which are undeliverable to you will become our property.

 

f. SERVICE RESTRICTIONS

If Service Limit Monitoring is offered and chosen, you agree to the rules governing that feature, including any limits of the amount of Service to be charged to your account. We will notify you of any limits that we may impose. If such limits are placed on your account, you may be required to pay for Service with a valid major credit card. YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR SERVICE WHEN YOUR LIMIT HAS BEEN REACHED. THIS PRACTICE MAY RESULT IN YOUR CREDIT CARD BEING CHARGED MORE THAN ONE TIME IN A MONTH. If your credit card is invalid or payment is not made by the issuer of your credit card company at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full. We may change the rules governing this feature, or may stop offering this feature at any time upon notice to you.

 

5. CHANGES TO THIS AGREEMENT

We may change or modify this Agreement, including the Service Plan and Welcome Guide upon notice. If you do not agree with the change, you may terminate the Agreement by giving us written notice within 20 days of the date we mail our notice, and you will not be charged any early cancellation fee. If you do not give us written notice of termination within 20 days of the date we mail our notice or if you use the Service more than 20 days after we mail notice of a change, you agree to that change. You may change Service Plans or Features by notifying us and paying our standard charges, including any applicable service plan change fees, early cancellation fees, and by complying with any other of our requirements to accomplish the change. The change will take effect by your next billing cycle. If you transfer to a Service Plan having a term which is shorter than your previous Service Plan, you will remain obligated for the term of the previous Service Plan. If we allow you to suspend your account for a temporary period, we may extend the term of your Agreement by the length of the temporary suspension. A copy of the most recent version of our Terms and Conditions is contained on our website.

 

a. NOTICES

We may send you notices by mail or electronic means, at our sole discretion. Notices to you shall be effective (i) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service to your address as kept in our files and/or (ii) immediately upon our transmission using an electronic means such as e-mail or text messaging service. You are responsible for notifying us of any changes in your mailing or e-mail address. Written notice to us shall be effective when directed to our Customer Service Department and received by us. Your notice must contain specific information adequate to identify you and your Service, including your name, billing address, account number, and telephone number. Oral and electronic notices, to the extent permitted, shall be deemed effective on the date reflected in our records. We will not give you notice of any subpoenas or court orders related to your account or use of Service unless required by law.

 

6. LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER (including any equipment insurance provider), FOR INFORMATION PROVIDED THROUGH YOUR PHONE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING YOUR PHONE, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES OF 24 HOURS OR LESS OR FOR SERVICE LIMITATIONS OR INTERRUPTIONS. OUR LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS OR DAMAGES ARISING FROM LOSS OF DATA (INCLUDING ON ANY PDA OR OTHER DEVICE). WE ARE NOT LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM (I) THE USE OF THE SERVICE, THE PHONE OR ANY EQUIPMENT USED IN CONNECTION WITH THE PHONE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (II) THE INSTALLATION OR REPAIR OF THE PHONE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. WE ARE NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THIS AGREEMENT. WE ARE NOT LIABLE FOR DISCLOSURE OF ANY INFORMATION THAT CONCERNS YOUR ACCOUNT AS REQUIRED BY LAW. THIS

PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

7. DISPUTE RESOLUTION

PLEASE READ THIS SECTION VERY CAREFULLY. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES BETWEEN US THROUGH BINDING MANDATORY ARBITRATION, INSTEAD OF THROUGH COURT PROCEEDINGS BEFORE A JUDGE OR JURY OR THROUGH A CLASS ACTION. THESE ARBITRATION PROVISIONS SURVIVE THE TERMINATION OF THIS AGREEMENT.

 

a. BINDING MANDATORY ARBITRATION

Any dispute between us, whatever its legal basis, including without limitation statute, contract, tort (including fraud or misrepresentation), or any other legal theory, arising out of or relating in any way to our relationship through which SunCom provides services to you shall be resolved by binding arbitration in accordance with the provisions set forth in this Section except that you or we may choose, in our respective sole discretion, to pursue individual, non class action claims in court if the claims relate solely to the collection of any debts you owe to us. This mandatory binding arbitration provision is intended to be interpreted broadly, and shall encompass all such disputes or claims, including any such disputes or claims against SunCom, its parents, subsidiaries, affiliates, officers, directors, employees, agents or representatives, and includes without limitation any such disputes or claims arising out of this Agreement, our Service, any equipment used in providing such Service, any other product or service SunCom provides, any feature or promotional materials, our privacy policy, or our acceptable use policy. The Federal Arbitration Act, 9 U.S.C. § 1, et seq. (not state law), governs the arbitration process established by this Section and governs whether any dispute or claim is subject to arbitration. If a court determines that any portion of these arbitration procedures are invalid or inapplicable, the remainder shall nonetheless be given full force and effect.

 

b. ARBITRATION PROCEDURES

Before you can initiate any arbitration (and as a precondition thereto), you must first present any dispute or claim to SunCom's Customer Service to give us an opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may then request arbitration. The Wireless Industry Arbitration Rules (“WIA Rules”) of the American Arbitration Association (“AAA”), except as modified by this Agreement, shall govern the arbitration of any dispute or claim. Information regarding the WIA rules is available online at www.adr.org. The arbitration shall take place in the county seat of the county in which your billing address is located, unless the parties otherwise agree. If the amount in controversy is less than $50,000, and any party so requests, the arbitration shall be conducted telephonically. An arbitrator may award compensatory, injunctive, or declaratory relief, except that, notwithstanding the foregoing, an arbitrator may not award (i) relief in excess of or contrary to what this Agreement provides in the Limitation of Liability section or (ii) relief on a class-wide, consolidated, or representative basis. In any arbitration applying the WIA Large/Complex Case Procedures: (i) the arbitrators must apply the Federal Rules of Evidence; and (ii) the losing party may have the award reviewed in accordance with the Optional Review procedures set forth in the WIA rules. Any court of competent jurisdiction may enter judgment on an arbitration award.

 

c. WAIVER OF JURY TRIAL AND CLASS ACTIONS

You and we agree, through this Agreement, to waive certain rights that we might otherwise have to litigate any dispute or claim in court. Among other things, you and we agree that any arbitration will be conducted on an individual basis and not on a class-wide, consolidated, or representative basis. If for any reason the arbitration provisions set forth in this Agreement are deemed to be invalid or inapplicable or are deemed to allow for litigation of any dispute or claim in court, you and we hereby waive, to the fullest extent allowed by law, any rights to a jury trial or any rights to pursue a claim on a class-wide, consolidated or representative basis.

 

d. LIMITATIONS PERIOD

You must bring any arbitration or permitted legal action (if any) within the shorter of (i) one year from the date that the cause of action arises or (ii) the applicable statutory limitations period. The preceding one year limitations period does not apply when you cannot waive, restrict or otherwise limit the applicable statutory limitations period.

 

e. ARBITRATION COSTS

Each party, in all arbitrations, will be responsible for and bear the expense of its own counsel, experts, witnesses, and all other preparations for the arbitration, as well as for the conduct and presentation at the arbitration itself. However, solely with respect to administrative costs and fees the AAA imposes, the following shall apply: (i) for claims of up to $2000, you will be obligated to pay $30 and we will pay all other such administrative costs and fees; (ii) for claims over $2000 and up to $50,000, you will be obligated to pay your share of such administrative costs and fees, but no more than the equivalent court filing fee for a court action filed in the county seat of the county in which your billing address is located; and (iii) for arbitrations in excess of $50,000, you and we will divide equally all such administrative fees and expenses.

 

8. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND YOUR USE OF THE PHONE OR SERVICE, UNLESS SUCH CLAIMS OR DAMAGES ARE DUE TO OUR SOLE AND GROSS NEGLIGENCE. AMONG OTHER THINGS, YOU MUST PAY ALL CHARGES OF ANY LONG DISTANCE COMPANY WHICH CARRIES YOUR CALLS, EVEN IF WE CONNECT YOUR CALL TO A LONG DISTANCE COMPANY OTHER THAN THE ONE YOU REQUEST. YOU ALSO AGREE TO PAY OUR ATTORNEY AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT UP TO AND INCLUDING ANY APPEAL. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

9. NO WARRANTIES

WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE PHONE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU CANNOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE PHONE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY BY US. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

We do not warrant your privacy in using the Service and we are not liable for any lack of privacy you may experience regarding the Service.

 

10. PRIVACY

SunCom will not sell or disclose your personal information to third parties without your consent unless those third parties help facilitate our provision of service to you, or as otherwise provided in this Agreement. We do use e-mail, short text messaging, telemarketing and direct mail to inform you about SunCom products or services that may interest you. You may choose to not receive such information from us by contacting SunCom Customer Service. However, you will continue to receive invoices, customer service-related notifications and other similar information from us electronically or through the mail. You authorize the monitoring and recording of calls you make to us concerning your account or the Service, and you consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmissions over our facilities in order to protect our rights or property.

 

a. CPNI CONSENT

Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type, and destination of your wireless service usage and the location of your device on our network (“CPNI”). You consent to us sharing your CPNI or other personal information with SunCom and our affiliates and agents to develop or bring to your attention communications-related products or services You also consent to us sharing your CPNI or other personal information in the event of any merger, acquisition or sale of some or all of the company assets, as well as any insolvency, bankruptcy or receivership proceeding, in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of your Service and is valid until you revoke it. To remove this consent at any time, notify Customer Service.

b. ACCOUNT INFORMATION/AUTHORIZED ACCESS

Person(s) authorized by you, listed on your account and authenticated by us will have access to certain information in the account they share with you; specifically, they may be able to receive and change certain account information, add new services, change rate plans, and request other service modifications or information. Information pertaining to telephone numbers to which calls have been made or from which they have been received, and the time, location or duration of any such calls will be subject to further authentication procedures and will not be accessible by any person, including you, absent the use of a pre-established password or SunCom-initiated call back to your account's telephone number of record. Opening and closing the account will remain restricted to you as the account holder. If you are receiving Service on a business Service Plan through your employer, you authorize us to share your account information with your employer. Should you decide NOT to allow access to your account as described herein, call SunCom Customer Service.

 

11. MISCELLANEOUS

a. RETURN POLICY

Cancelled Services

If you cancel SunCom Service within 15 days of activation (or 30 days in the case of hearing device users who purchased a Hearing Aid Compatible phone) you are entitled to a refund of the phone purchase price provided you return the phone to the original place of purchase at the time of disconnection and the equipment is “like-new” in the original box with all contents included. If you do not return the phone (in the original box including all contents) you will be charged $200.

 

Defective Equipment

If you discover a manufacturer defect within 15 days of purchase, return it to the original place of purchase along with original equipment box, all contents and your proof of purchase. Beyond the 15 day return period please refer to the manufacturer's warranty policy for exact coverage and details.

 

Change of Heart

You may return/exchange new or upgraded equipment to the original place of purchase one time within 15 days of purchase date, (or, if purchased by a hearing device user who purchases a Hearing Aid Compatible phone within 30 days of the purchase) provided the equipment is in “like-new” condition along with original equipment box, all contents and your proof of purchase. A receipt must accompany all returned goods. Equipment kept beyond the 15 days of purchase date is considered final sale. All clearance equipment sales are final.

 

General

Refunds will be in the same form as the original tender except for cash refunds over $150 – these will be refunded in a check. Refunds by check may take up to three weeks to process. SunCom Authorized Dealers' return policies may vary.

 

b. ASSIGNMENT

We may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without notice to you. We need not obtain your consent to any such assignment, and upon the assignment, we are released from all liability to you. You may not assign this Agreement without our prior written consent.

 

c. GOVERNING LAWS

This Agreement is subject to applicable federal laws, federal or state tariffs, if any, and will be governed by laws of the state in which you reside. Where our Service terms and conditions are regulated by a state agency or the FCC, the regulations are available from the applicable agency for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations.

 

d. INSURANCE PROTECTION

If you subscribe to Insurance Protection, you acknowledge that the equipment listed here is in your possession and in good working order, you have received, read and understood the terms and conditions under which the insurance is offered as outlined in the insurance brochure. You acknowledge that Insurance Protection is offered by SunCom or by an insurance carrier, that SunCom acts as a billing agent for such insurance provider, and that any claims regarding the insurance or its administrator shall be directed to the insurance provider as applicable.

 

e. OTHER SUNCOM SERVICES

You may have received special promotions or discounts on other services offered by SunCom in connection with the purchase of certain wireless services. These promotions or discounts may terminate upon termination of this Agreement.

 

f. NETWORK USAGE

If applicable, SunCom reserves the right to terminate this Agreement if more than 50% of your overall minutes (voice and data) are NOT on the SunCom Network.

 

g. MINUTES OF USE

You agree that the device and the device Service are for your personal use only. SunCom reserves the right to terminate your service or change your Service Plan if you use your Service (voice and data) in a manner that is excessive or unreasonable with respect to volume or length of calls for normal personal use when compared to the normal volume or length of calls of other customers on a similar rate plan or in your geographic area.

 

h. VOICEMAIL

If your Voicemail Service is not activated within 90 days from your start date, you will not be able to retrieve voicemails that may have been recorded. You may call SunCom Customer Care at any time to have your Voicemail Service reinstated.

 

i. ENTIRE AGREEMENT

This Agreement represents the entire agreement between us, which may be amended only as described in this Agreement. This Agreement supersedes any inconsistent or additional promises made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of this agreement remains enforceable.

 

j. ADDITIONAL FEES

Taxes and government fees are additional. Fees of up to $3.35 per month, depending on market and rate plan, are charged to help defray the costs of complying with obligations imposed by State and Federal telecom regulations, and the costs of providing access to the landline network. These are not taxes or government-imposed charges. In addition, SunCom charges a Universal Service Fund fee which varies quarterly and is based on the percentage of revenue that SunCom is required to pay into the Federal Universal Service Fund. For additional information about the specific fees applicable to your service plan, please call 800.SUN.SERV.