TERMS & CONDITIONS
These Terms and Conditions (“T&Cs”) are part of your service
agreement with the telecommunications service provider of Hadodo Wireless Inc.
d/b/a Hadodo Wireless, including its affiliates, assigns, and agents (“we,”
“us, or “our”) and constitute a contract under which we provide you Service
under terms and conditions that you accept. Your service agreement
(“Agreement”) with us includes (i) these T&Cs, (ii) our Privacy Policy,
(iii) our Acceptable Use Policy, (iv) any subscriber agreement or transaction
materials that you sign or accept, (v) the service plan(s) that you choose as
set forth in our written services and transaction materials that we provide or
refer you to during the sales transaction (if your service plan is not specifically
set forth in any printed materials, the requirements and terms set forth in the
current written services and transaction materials apply, excluding plan
charges and number of minutes included in your service plan), (vi) any
confirmation materials that we may provide to you, (vii) the terms set forth in
any applicable coverage map brochures, and (viii) any other supplemental terms
and conditions that we provide or otherwise make available to you. In the event
of a conflict between these T&Cs and any other materials that makeup the
Agreement, these T&Cs shall govern to the extent necessary to resolve the
conflict.
Please read these T&Cs carefully. They cover important
information about our services provided to you (“Service”); your phone,
handset, device, SIM card, data card, or other equipment or third party device
used with our Service (“Device”); and any access and usage charges, taxes,
fees, assessments, and other charges we bill you or that were accepted or
processed through your Device (“Charges”). These T&Cs include terms
regarding service plan changes and late payments, limitations of liability,
privacy and resolution of disputes by arbitration instead of in court.
You and any authorized users on your account will have access to
account information and may be able to make changes to the account. If
you give your personal account validation information to someone, they can
access and make changes to your account. Those changes will be binding
on you. Authorized changes may require your agreement to new T&Cs.
1.
Acceptance. YOUR AGREEMENT WITH US STARTS WHEN
YOU ACCEPT. You represent that you are at least eighteen (18) years old
(twenty-one (21) years old or legally emancipated if you are a Puerto Rico
customer) and you are legally authorized to enter into this Agreement. You
accept your Agreement by doing any of the following: (a) giving us a written or
electronic signature, or telling us orally that you accept; (b) activating
Service; (c) using your Service after you make a change or addition; or (d)
paying for the Service or a Device (a Device purchased from us, an authorized
dealer, or other authorized retailer (“Dealer”)). IF YOU DO NOT WANT TO
ACCEPT, DO NOT DO ANY OF THESE THINGS.
2.
Dispute Resolution and Arbitration. YOU AGREE THAT, EXCEPT AS
PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR
DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE,
MARKETING PRACTICES, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING
ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This includes any
claims against other parties relating to Service or Devices provided or billed
to you (such as our suppliers, Dealers or third party vendors) whenever you
also assert claims against us in the same proceeding. This also includes any
claims brought after your service agreement with us terminates. For the
avoidance of doubt, claims under the Telephone Consumer Protection Act are
subject to this Dispute Resolution and Arbitration Clause. You also agree that
the Agreement affects interstate commerce so that the Federal Arbitration Act
and federal arbitration law apply (despite the choice of law provision in
Section 22). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN
AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For all disputes (except for Puerto Rico customers), you must first give us an
opportunity to resolve your claim by sending a written description and supporting
documentation of your claim to the address set forth in Section 12 below. You
agree to negotiate your claim in good faith. If You are unable to resolve the
claim within sixty (60) days after we receive your claim description and
supporting documentation, you may pursue your claim in arbitration.
As an alternative to arbitration, we may choose to resolve billing disputes in
small claims court in the county of your most recent billing address. You agree
that if you fail to timely pay amounts due, we may assign your account for
collection, and the collection agency may pursue, in small claims court, claims
limited strictly to the collection of the past due amounts and any interest or
cost of collection permitted by law or the Agreement.
Either you or we may start arbitration proceedings. You must send a
letter requesting arbitration and describing your claim to our registered agent
(see Section 12) to begin arbitration. The American Arbitration Association
(“AAA”) will arbitrate all disputes. For claims of less than Seventy-five
Thousand Dollars ($75,000.00), the AAA’s Consumer Arbitration Rules will apply;
for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s
Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org.
Upon filing of the arbitration demand, you will share equally with us all
filing, administration and arbitrator fees for claims that total less than
Seventy-five Thousand Dollars ($75,000.00). For claims that total more than
Seventy-five Thousand Dollars ($75,000.00), the payment of filing,
administration and arbitrator fees will be governed by the AAA Commercial
Arbitration Rules. An arbitrator may award on an individual basis any relief
that would be available in a court, including injunctive or declaratory relief
and attorneys’ fees. Puerto Rico customers: Refer to Section 11 for details of
the Puerto Rico Telecommunications Dispute Procedure.
CLASS ACTION WAIVER. YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION
OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR
REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE
ACTION. Neither you, nor any other customer, can be a class representative,
class member, or otherwise participate in a class, consolidated, or
representative proceeding against us.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through
arbitration, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
3.
No Refunds for Your Cancellation of Service
Plans. You may cancel any Service plan that you pay for in advance
at any time; provided that, except as otherwise required by applicable law, you
will not receive any refund of amounts paid to us in connection with such
Service plan (regardless of whether such plan is a 30 day Service plan or a
multi-month Service plan).
4.
Our Rights to Make Changes. This provision is
subject to requirements and limitations imposed by applicable law, and will not
be enforced to the extent prohibited by law. Your Service is subject to our
business policies, practices, and procedures, which we can change without
notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR
SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY
IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE
AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR
MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON OUR INTERNET WEBSITE,
OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs
ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK OUR WEBSITE FOR THE
MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE
PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED
SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) contacting our customer
service department at support@hadodowireless.com, (ii) calling (888) 837-0374,
or (iii) managing your account preferences on the website
https://www.hadodowireless.com. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN
THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY
INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN
INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING
CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION,
EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE
RENDERED OBSOLETE OR REQUIRE MODIFICATION.
5.
Compatible Devices. You must use a
supported, compatible Device to access the network on which the Services
operate. Only certain phones and tablet computers are supported Devices. We
will provide you with a list of supported Devices upon your request. Modems,
bypass, gateways, automated relay devices and any other Devices used for
commercial or re-direction purposes are not supported Devices and violate our
Acceptable Use Policy. Failure to use a supported, compatible Device when
accessing our network will result in immediate termination of your Service.
6.
Service Availability. Coverage maps only
approximate our anticipated wireless coverage area outdoors; actual Service
area, coverage and quality may vary and change without notice depending on a
variety of factors including network capacity, terrain and weather. Outages and
interruptions in Service may occur, and speed of Service varies. You agree we
are not liable for problems relating to Service availability or quality.
7.
Important Emergency and 9-1-1 Information and
Emergency Alerts. When making a 9-1-1 call, always state the nature of your
emergency and provide both your location and phone number, as the operator may
not automatically receive this information. We are not responsible for
failures to connect or complete 9-1-1 calls or if inaccurate location
information is provided. 9-1-1 service may not be available or reliable and
your ability to receive emergency services may be impeded. We or our
network supplier may use a variety of information and methods to determine the
location of a 9-1-1 call, including Global Positioning Satellites, our network
supplier’s wireless network, the street address you have provided us as your
primary use location (“Primary Address”), or other information. Even with this
information, an emergency operator may not be able to locate you in order to
provide emergency services. Other third-party entities are involved in
connecting a 9-1-1 call and neither us nor our network supplier determines the
public safety agency to which your 9-1-1 call is routed. If you are porting a
phone number to or from us, we may not be able to provide you with some
Services, such as 9-1-1 location services, while the port is being implemented.
If you are porting a phone number to us, it is your obligation and
responsibility to make certain that all information forwarded from the port-out
carrier is accurate and complete. If you dial 9-1-1 while outside the U.S.,
9-1-1 services may not be available.
8.
Service Plans.
8.1 General. Your Service will operate only after you have purchased and
redeemed a Service plan. Please visit our website at https://www.hadodowireless.com
for the latest information regarding our Service plans. Not all service plans
are available in all areas and are subject to eligibility requirements.
8.2 Charges. You agree to
pay all charges we bill you or that were accepted or processed through your
Device or on such other Devices connected with your account and as designated
in your Service plan. For disputed charges, see Section 11. You agree to
provide us with accurate and complete billing information and to immediately report
to us all changes to your billing information
8.3 Voice Usage. Our
current service plans do not offer voice. If in the future, our Service plans
include a voice plan as part of your Service the following applies. We will round
up any fraction of a minute to the next full minute. Airtime usage is measured
from the time the network provider begins to process a call (before the phone
rings or the call is answered) through its termination of the call (after you
hang up) and the network disconnects
8.4 Data Usage and
Messaging. Our Service plans include a data plan (“Data Plan”) as part of your
Service. Data usage is rounded up to the next full-kilobyte increment at the
end of each data session. For all Service plans, 1 gigabyte of data is
equivalent to 1 gigabyte of data. Your data usage includes, among other things,
text, web browsing, instant or picture messages, and email whether read or
unread, sent or received, solicited or unsolicited. We use filters to block
spam messages, but we do not guarantee that you will not receive spam or other
unsolicited messages, and we are not liable for such messages. All data
purchased with a Service plan (both data that comes with a particular Service
plan and any additional data you purchase as an add-on), will expire
immediately upon termination of your Service plan for any reason.
8.5 Permissible and
Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and
similar activities on your Device. Examples of prohibited uses can be found in
Section 14 of these T&Cs and in our Acceptable Use Policy.
8.6 Data Usage Level. We
have set a 30-day usage level (“Usage Level”) for each of our Service plans.
Our network supplier measures your upload and download data usage (“Actual
Usage”) to determine if your total Actual Usage, as aggregated over the
applicable 30-day period (“Usage Total”), exceeds the 30-day Usage Level for
the Service plan you selected. Partial megabytes are rounded up. Please note
that “Actual Usage” includes all of your requests to upload or download data,
whether or not such data is actually uploaded or downloaded, as well as network
overhead. For example, if you request that an image be downloaded to your
Device, but travel outside of your network coverage area before the download is
complete, such request will be included in your Actual Usage even though the
image was never downloaded to your Device. If you exceed your Service plan’s
30-day Usage Level, we will reduce the speed at which you can send and receive
data over the network on which the Service operates until the end of the
applicable 30-day period. The initial reduction in your data speed depends upon
your Service plan and at our discretion. We may also reduce speeds during times
of network congestion. If you continue to send and/or receive a substantial
amount of data (as determined by us in our sole discretion) after our initial
reduction of your data speed, we may further reduce your data speed. Once you
begin a new 30-day period in your Service plan, your Service plan Usage Level
will be reset and your upload and download speeds will be restored. For
example, if a customer purchases a Service plan that includes unlimited data
service, but only includes up to 1 gigabyte of high speed data at 5G and/or 4G
LTE speeds during a given 30-day period, then the first gigabyte of data
requested by that customer in that 30-day period will be provided at up to 5G
and/or 4G LTE speeds (subject to 5G and 4G LTE network availability, a capable
device and SIM within an appropriate coverage area, and the actual network
speeds of the network supplier on which the Service operates). Any data
uploaded or downloaded by that customer in excess of 1 gigabyte will be
provided at reduced speeds at a max of 128 kbps. Please be aware that your
Usage Level is much more likely to exceed your Service plan’s 30-day Usage
Level if you use streaming video, or if you download significant quantities of
music files, movies, software applications, or engage in other high-bandwidth
activities.
8.7 Protective Measures. To
provide a good experience for the majority of our customers and minimize
capacity issues and degradation in network performance, we may take measures
including temporarily reducing data throughput for a subset of customers who use
a disproportionate amount of bandwidth. If you use your Data Plan in a manner
that could interfere with other customers’ service, affect our ability to
allocate network capacity among customers, or degrade service quality for other
customers, we may suspend, terminate, or restrict your data session, or switch
you to a more appropriate Data Plan which may result in an increased cost. We
also manage our network to facilitate the proper functioning of services that
require consistent high speeds, such as video calling, which may, particularly
at times and in areas of network congestion, result in reduced speeds for other
services. Additionally, we may implement other network management practices,
such as caching less data, using less capacity, sizing video more appropriately
for a Device to transmit data files more efficiently, and deploying streaming
video optimization technology, which may affect the performance and download
times of data-heavy activities such as video-streaming on our unlimited plans.
Streaming video optimization technology is intended to manage data usage on the
network, reduce the risk of streaming video stalling and buffering, and reduce
the amount of high-speed data consumption used for streaming video. Streaming
video optimization improves streaming video reliability as well as makes room
for other users to enjoy higher browsing speeds. Detectable video may typically
stream at DVD quality or Standard Definition. The streaming video optimization
process is agnostic as to the streaming video content itself and to the website
that provides it. While most changes to streaming video files are likely to be
indiscernible, the optimization process may minimally impact the appearance of
the streaming video as displayed on your Device. These practices operate
without regard to the content itself or the source of the content, and do not
discriminate against offerings that might compete against those offered by us
on the basis of such competition.
8.8 Wi-Fi Features. In our
sole discretion, we may make available Wi-Fi voice and text messaging services,
i.e., the ability to originate and terminate calls and text messages over a
Wi-Fi connection (“Wi-Fi Calling). If offered by us, Wi-Fi Calling will only be
available for our customers that (i) have a Wi-Fi capable Device with Wi-Fi
calling capability supported by us, (ii) have Wi-Fi Calling service provisioned
on their account, (iii) have a compatible SIM card, and (iv) are connected to
functioning third-party internet service. Not all services available on our
supplier’s network are available while using Wi-Fi Calling. For example,
emergency alerts may not be available with Wi-Fi Calling. You acknowledge that
calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than
traditional 9-1-1 (see our complete 9-1-1 disclosure posted on our website at
https://www.hadodowireless.com. For example, 9-1-1 may not work during power or
internet outages or disruptions, or if internet or your Service is suspended.
Location information when using Wi-Fi Calling may be limited or unavailable. If
we make Wi-Fi Calling available to you, you must provide us with your
up-to-date, primary address. If the location at which you primarily use Wi-Fi
Calling changes, either temporarily or permanently, you must promptly update
your address with us You may provide us with your primary address, or update
your primary address, by contacting us at the email address, telephone number
or mailing address specified in Section 12. If you do not provide us with your
primary address and update it promptly as described above, we or our network
supplier may block your usage of certain Wi-Fi Networks. When you call 9-1-1
over Wi-Fi away from your primary address, we and our network supplier may have
no or very limited information about your location. Neither us or our network
supplier is responsible or liable for anything related to your use of or
inability to use any Wi-Fi Calling MADE AVAILABLE TO you, including, without
limitation, any failure of emergency calls (whether 9-1-1 calls or otherwise).
Wi-Fi Calling may decrement Service plan minutes. Most devices will not
transition between Wi-Fi and the wireless network. Devices using wireless
connections may be vulnerable to unauthorized attempts to access data and
software stored on the device.
8.9 Downloadable Content
and Applications. Content or applications (e.g., downloadable or networked
applications, wallpapers, ringtones, games, and productivity tools)
(collectively, “Content & Apps”) that you can purchase with your Device are
not sold by us. We are not responsible for the Content & Apps, including
download, installation, use, transmission failure, interruption, or delay, or
any content or website you may be able to access through the Content &
Apps. Unless otherwise stated, any support questions for these Content &
Apps may be directed to the third party seller. When you use, download or
install Content & Apps sold by a third party seller, you may be subject to
license terms, terms of use, a privacy policy and/or other policies between you
and that third party. Content & Apps you purchase from third parties are
licensed for personal, lawful, non-commercial use on your Device only. You may
not transfer, copy, or reverse engineer any Content & Apps, or alter,
disable or circumvent any digital rights management security features embedded
in the Content & Apps. Content & Apps may not be transferable from one
Device to another Device. Some Devices or Content & Apps may continue to
have contact with our network without your knowledge, which may result in
additional charges, for example, while roaming internationally. Software on
your Device may automatically shut down or limit the use of Content & Apps
or other features or Services without warning. We are not responsible for any
third party content, advertisements, or websites you may be able to access
using your Device.
8.10 Use of Information. If
you visit any third party website or app store, or download or use any Content
& Apps, the third party may access, collect, use or disclose your personal
information or require the network carrier to disclose your information,
including location information (when applicable) to the Content & Apps
provider or some other third party. If you access or use any Content & Apps
through our Service, you agree and authorize us and our network carrier to
provide information related to such use. You understand that your use of a
third party app is subject to the third party’s terms and conditions and
policies, including its privacy policy. Please refer to the Content & Apps
creator/owner’s privacy policy for information regarding their use of
information collected when you download, install, or use any third party
Content & Apps. We are not responsible for any transmission failure,
interruption, or delay related to Content & Apps, or any content or website
you may be able to access through the Content & Apps.
8.11 Roaming. Your Device
may connect to another provider’s network (“Roaming”) even when you are within
the our coverage area. Check your Device to determine if you are Roaming. There
may be extra charges (including long distance, tolls, data usage) and higher
rates for Roaming usage, and your quality and availability of service may vary
significantly. Our Roaming charges and rates are subject to change at any time
and any such changes are effective forty-five (45) days after the posting of
same to our web site. Please check our web site frequently so that you are
aware of our Roaming charges and rates and any changes thereto.
8.12 Suspension and Cancellation.
If your account is deactivated due to nonpayment, your account will be in a
suspended status for 60 days. If your account is not reactivated within the
60-day period, it will be cancelled. If your account is cancelled, your
remaining balance will be forfeited and we may reassign the phone number
associated with your account. If you wish to port to a different carrier, you
must have an active account.
9.
International Long Distance / Global Text.
9.1 General. If included, All
international long distance services in your Service are handled by a third
party and are delineated on your invoices separately from the services provided
by us.
9.2 International roaming
credits. Your Service plan may include international roaming credits
(“Credits”) that you can use for international roaming minutes or data without
additional charge. The amount of Credits that you receive in connection with
your Service plan may be determined by us in our sole discretion, and
additional details are available on our website. We may allow you to store
Credits in your account for use at a later time. When your balance of Credits
is zero, unless you add Credits to your account, you will not be able to use
international roaming Service. Please be aware that except as provided by these
Terms and Conditions, we will be under no obligation to offer any refunds or
reimbursements for Credits that you receive from us. Credits will be reclaimed
by us should your account be terminated for any reason.
9.3 International texts.
“Global Text” and “Unlimited Global Text” means text or unlimited text only to
applicable mobile-to-mobile destinations, and excludes audio, picture, and
video messaging. Data usage rates and charges may apply if you send audio,
pictures, and/or video messages to an international mobile-to-mobile
destination.
10.
Taxes, Fees and Surcharges. You are responsible
for, and shall pay, the taxes, fees and surcharges set forth in Sections 10.1 –
10.5 below (“Taxes, Fees and Surcharges”) in connection with your Service
account. Such Taxes, Fees and Surcharges will be included in your Service
account charges (a) at the time you order the Service and (b) each time there
are any further charges to your Service account. Payment of Taxes, Fees and
Surcharges is in addition to payment for the Service and will be billed to your
credit card.
10.1 Recovery Fee. The
Recovery Fee is assessed to help recover our costs to comply with various
federal and state programs, taxes and fees including, but not limited to, (i)
state and federal Telecommunications Relay Service Programs, (ii) Federal
Universal Service Fund Program, (iii) international, federal, state, municipal,
local and/or other governmental franchise, excise, public utility and other
telecommunications taxes, fees and charges now in force or enacted in the
future, and (iv) other costs we incur to comply with government regulations and
programs, which are not taxes or fees that local, state or federal governments
require us to collect. Although added to the overall charge, the Recovery Fee
is separate from the cost of Service and the Recovery Fee shall not result in
the purchase of any additional Service time. We set the Recovery Fee, and the
amount and what the Recovery Fee includes may change without notice.
10.2 Federal Universal
Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover
our contribution to the Federal Universal Service Fund program. The Federal
Universal Service Fund Fee is used to fund programs to increase access to
advanced telecommunications services for consumers in rural areas at reasonable
rates and provides federal program funding. Rate may change as determined by
the Federal Communications Commission. The Universal Service Administrative
Company (“USAC”) establishes a quarterly contribution factor, and we charge our
customers the then-applicable rate charged to us by USAC.
10.3 State Universal
Service Fund Fees. The State Universal Service Fund Fee is designed to recover
our contribution to various state universal service fund programs. The State Universal
Service Fund Fee is assessed as a percentage of intrastate revenues, gross
revenues, or as a flat rate per line as set forth by the various state, county
or municipal jurisdiction. Certain state agencies establish a quarterly,
semi-annual or annual contribution factor, and we may choose to charge our
customers to recoup the state universal service fund fees charged to us.
10.4 Sales and Use Taxes.
Sales and use taxes are assessed to allow us to recover the cost of all
federal, state, municipal, local or other governmental sales and use taxes now
in force or enacted in the future, that arise as a result of your subscription
to, use of, or payment for the Service. To determine sales and use taxes, we
will use the street address you identified as your Place of Primary Use
(“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not
identify the correct PPU, or if you provided an address (such as a PO box) that
is not a recognized street address, does not identify the applicable taxing
jurisdictions or does not reflect the Service area associated with your
telephone number, you may be assigned a default location for tax purposes. In
the event of a disputed tax jurisdiction location being assigned, any tax
refund must be requested within sixty (60) days of our notification to you that
the tax has been assessed.
10.5 9-1-1 Fees. Each
state, city, municipality, or county has specific charges that are levied for
access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where
you purchase the Service. We may bill its customers for 9-1-1 charges. Any such
9-1-1 charges are a monthly recurring charge assessed on a per line basis and
will appear on your monthly invoice.
11.
Your Right to Dispute Charges.
11.1 Unless otherwise provided by law, you agree to notify us of any dispute
regarding your bill or charges to your account within sixty (60) days (twenty
(20) days for Puerto Rico customers) after the date you first receive the
disputed bill or charge. If you do not notify us of your dispute in writing
with supporting documentation within this time period, you may not pursue a
claim in arbitration or in court. Except for Puerto Rico customers and unless
otherwise provided by law, you must pay disputed charges until the dispute is
resolved. If you accept a credit, refund or other compensation or benefit to
resolve a disputed bill or charge, you agree that the issue is fully and
finally resolved. For unresolved disputes see Section 2 above. To contact or
notify us, see Section 12. This paragraph is notice to Puerto Rico customers
that payment of undisputed charges is due when stated on your bill, regardless
of any dispute.
11.2 Puerto Rico Customers.
We will provide you with a determination regarding any dispute that is
presented to us in accordance with this Section 11 within fifteen (15) days
after we receive it. You may appeal our determination to the Telecommunications
Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing
a petition for review up to thirty (30) days after the date of our
determination. Your petition for review shall be made through the filing of a
document containing the following information: (i) your name and address; (ii)
our company name; (iii) the pertinent facts; (iv) any applicable legal provisions
that you are aware of; and (v) the remedy you are requesting. The document may
be filed handwritten or typewritten and must be signed by you. You must send us
a copy of your document to the following address:Hadodo Wireless Inc., 13206
Estrella Avenue, Suite C, Gardena, California 90248, Attn: Customer Service.
You must send your petition for review to the Telecommunications Board at the
following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan,
Puerto Rico 00907-3941. The Telecommunications Board will review our
determination only on appeal. You are advised of the provisions regarding
suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of
September 12, 1996 and Regulation 5940 promulgated by the Telecommunications
Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by
the Telecommunications Board regarding the procedures for resolution of
customer disputes.
12.
Notices and Customer Communications.
12.1 Receipt of Communications. You expressly consent to receive all
communications, agreements, documents, notices and disclosures (“Notices”) from
us, at the telephone number associated with your Device, or physical or
electronic address you provide to us. Notices from us to you are considered delivered
when we deliver them to your Device by text message or voice, or by email to
any email address you provide to us, or three (3) days after mailing to your
billing address.
12.2 Autodialed or
Prerecorded Messages. We may at times contact you using autodialed or
prerecorded message calls or text messages at the telephone number associated
with your Device. We may place such calls or texts to (i) provide notices
regarding your account or account activity, (ii) investigate or prevent fraud,
(iii) inform you about products or services that may be of interest to you, or
(iv) collect a debt owed to us. You agree that we and our service providers may
contact you using autodialed or prerecorded message calls and text messages to
carry out the purposes we have identified above. We may also share your phone
number with service providers with whom we contract to assist us in pursuing
these interests. Standard telephone minute and text charges may apply.
12.3 Revocation of Consent.
You do not have to consent to receive autodialed or prerecorded message calls
or texts in order to use the Service. Where we are required to obtain your
consent for such communications, you may choose to revoke your consent by any
reasonable means, including by (i) contacting our customer service department
at support@hadodowireless.com, (ii) calling (888) 837-0374, (iii) writing to:
Hadodo Wireless Inc., 13206 Estrella Avenue, Suite C, Gardena, California 90248,
Attn: Customer Service, or (iv) managing your account preferences on the website
https://www.hadodowireless.com. Written notices from you to us are considered
delivered when you send an email or three (3) days after mailing to the address
above.
To begin arbitration or
other legal proceeding, you must serve our registered agent. For information
regarding our registered agent please contact at support@hadodowireless.com or
by telephone at (888) 837-0374.
13.
Lost or Stolen Devices. You agree to notify
us if your Device is lost or stolen. Once you notify us, we will suspend your
Service. After your Service is suspended, you will not be responsible for
additional usage charges incurred in excess of your Service plan charges, and
applicable Taxes and Surcharges. If you request that we not suspend your
Service, you will remain responsible for all usage and charges incurred and
applicable Taxes and Surcharges. We may prevent a lost or stolen Device from
registering on any network. California customers: For charges
incurred before you notify us, you are not liable for charges you did not
authorize, but the fact that your Device or account was used is some evidence
of authorization. You may request that we investigate charges you believe were
unauthorized. We may ask you to provide information and you may submit
information to support your request. If we determine the charges were
unauthorized, we will credit your account. If we determine the charges were
authorized, we will inform you within thirty (30) days and you will remain
responsible for the charges.
14.
Misuse of Service or Device. By activating or
renewing Service with us, you agree that you do so because you want Service
from Ultra Mobile and not for any other purposes. Service plans may only be
used for the following purposes (and your use of the Service must be initiated from
your supported, compatible Device): (i) voice calls between two individuals;
(b) text and picture messaging; and (iii) Internet browsing and ordinary
content downloads. You agree not to misuse the Service or Device, including but
not limited to: (a) reselling or rebilling our Service; (b) using the Service
or Device to engage in unlawful activity, or in conduct that adversely affects
our customers, employees, business, or any other person(s), or that interferes
with our operations, network, reputation, or ability to provide quality
service, including but not limited to the generation or dissemination of
viruses, malware or “denial of service” attacks; (c) using the Service as a
substitute or backup for private lines or dedicated data connections; (d) using
the Service for continuous, mobile to mobile or mobile to landline voice calls;
(e) using the Service for automated text or picture messaging to another mobile
device or email address; (f) uploading, downloading or streaming of continuous
video or audio; (g) tampering with or modifying your Device; (h) “spamming” or
engaging in other abusive or unsolicited communications, or any other mass,
automated voice or data communication for commercial or marketing purposes; (i)
reselling Devices for profit, or tampering with, reprogramming or altering
Devices for the purpose of reselling the Device; (j) using the Service in
connection with server devices or host computer applications, including
continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine
connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing; (k)
accessing, or attempting to access without authority, the information, accounts
or devices of others, or to penetrate, or attempt to penetrate, our’s or
another entity’s network or systems; (l) running software or other devices that
maintain continuously active Internet connections when a computer’s connection
would otherwise be idle, or “keep alive” functions (e.g., using a Service plan
for Web broadcasting, operating servers, telemetry devices and/or supervisory
control and data acquisition devices); (m) using the Service to relay voice
calls or text and picture messages not originated from the Device; or (n)
assisting or facilitating anyone else in any of the above activities. You agree
that you will not install, deploy, or use any regeneration equipment or similar
mechanism (for example, a repeater or signal booster) to originate, amplify,
enhance, retransmit or regenerate a transmitted RF signal. Voice services may
not be used for monitoring services, data transmission, transmission of
broadcasts, transmission of recorded material, relay services, interconnection
to other networks, telemarketing activity, autodialed calls or robocalls.
15.
Our Rights to Limit or End Service or the
Agreement.
15.1 WE MAY LIMIT,
THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY
TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of
your Device, or any user on your account: (a) breaches the Agreement; (b)
transfer(s) Service to another person without our consent; (c) becomes
insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law);
(d) misuses your Service or Device as described in Section 14 above; (e) uses
your Service or Device in a manner that is excessive, unusually burdensome, or
unprofitable to us; or (f) are on a Service plan that we determine is no longer
available to you. We may impose credit, usage or other limits to your Service,
suspend your Service, or block certain types of calls, messages or sessions
(such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our
sole discretion and without notice. “Unlimited data” single-month and
multi-month plan subscribers will experience reduced speeds and increased
latency after using 40GB of data within a given monthly period.
We reserve the right to
cancel or deactivate Service or reduce data throughput speeds in order to
protect its supplier’s network from harm or to protect itself from financial or
other harm due to any cause including, without limitation, the excessive and/or
unauthorized use of the Service. We reserve the right to limit throughput or
the amount of data transferred and to deny or terminate Service to anyone we
believe is using their Service in an unauthorized manner or whose usage, in our
sole discretion, adversely impacts its supplier’s network or customer service
levels. We will presume you are engaging in an unauthorized use in violation of
these T&Cs, if in our sole discretion, you are placing an abnormally high
number of calls, or repeatedly placing calls of unusually long duration, or if
your talk, text or data usage is harmful or disruptive to our supplier’s
network or service levels or to our financial or other interests. If we
determine, in our sole discretion, that you are using your Service in violation
of these T&Cs or in any other manner that we deem to be unreasonable or
excessive, we may terminate individual calls or data connections, terminate or
reduce data throughput or terminate your Service, decline to renew your
Service, or offer you a different Service plan without an unlimited usage
component which may result in an increased cost to you.
We may discontinue
providing Service to you, discontinue your account, terminate data connections
and/or reduce data throughput speeds if your usage, in our sole judgment: (i)
appears likely to generate abnormally high call volumes or data usage and/or
abnormally long average call lengths or data usage as compared to the usage of other
customers of ours; or (ii) may be harmful or disruptive to, or interfere with,
our supplier’s network, our service or the ability to provide quality service
to other customers. By initiating Service and placing or receiving calls, you
acknowledge and agree to our right to terminate your Service under these
circumstances.
If we limit, suspend or
terminate your Service and later reinstate your Service, you may be charged a
reinstatement fee.
This paragraph constitutes
notice to Puerto Rico customers that your Service may be suspended or
cancelled if you engage in any of the foregoing actions in Sections 14 and 15
in accordance with the Puerto Rico Suspension Regulation 5940 of March 12,
1999, promulgated by the Telecommunications Board where applicable, or in our
sole discretion. If your Service or account is limited, suspended or terminated
and then reinstated, you may be charged a reactivation fee.
15.2 Refund Policy. If you
have purchased one of our 30-day Service plans and we terminate or suspend your
Service for any reason specified in Section 15.1 or otherwise, you will not
receive any refund of amounts paid to us in connection with such Service plan.
If you have purchased one of our pre-paid, multi-month Service plans and we
suspend or terminate your Service for any reason specified in Section 15.1 or
otherwise, we will refund a pro rata portion of your Service fee for any
then-remaining 30-day Service period(s) within your Service plan, not including
the 30-day Service period in which we suspend or terminate your Service.
15.3 Device Refunds and
Restocking Fees. For Devices provided by us, SIM Kits and accessory returns and
exchanges, see the applicable return policy, which is available in the Device,
SIM Kit or accessory box or packaging. Some Devices provided by us and
accessories may not be refunded or exchanged, and you may be required to pay a
restocking fee. Devices offered to our customers, if any, will comply with the
FCC’s regulations concerning hearing aid compatibility.
15.4 No Future Service. In
the event we terminate your Service for any reason specified in Section 15.1 or
otherwise, we reserve the right to prohibit you from using any Service plan in
the future by blocking your device from our network, prohibiting you from using
a new Service account that you purchase, or through other means.
16.
Intellectual Property. You agree not to
infringe, misappropriate, dilute or otherwise violate the intellectual property
rights of us or any third party. Except for a limited license to use the
Services, your purchase of Services and any Devices does not grant you any
license to copy, modify, reverse engineer, download, redistribute, or resell
our intellectual property or others intellectual property related to the
Services and Devices; this intellectual property may be used only with our
Service unless expressly authorized by us. You agree that a violation of this
section harms us, which cannot be fully redressed by money damages, and that we
shall be entitled to seek immediate injunctive relief in addition to all other
remedies available.
17.
Privacy Information. Our Privacy Policy
governs how we collect and use information related to your use of our Service.
We may change our Privacy Policy without notice; however, if we change our
policy to allow use or disclosure of personal information in a way that, in our
sole determination, is materially different from that stated in the policy at
the time the data was collected, we will post notice in advance of the change.
Data on your Device may automatically be stored on your SIM card, Device or our
network. Your data may remain on the Device even if your SIM card is removed;
the data left on your Device will be accessible to others who use your Device,
and may be deleted, altered, or transferred to our or our supplier’s network
servers.
18.
Disclaimer of Warranties. EXCEPT TO THE EXTENT
OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW,
THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH
ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES,
OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE
DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE
ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT
GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
19.
Waivers and Limitations of Liability. UNLESS
PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY
CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS
ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER
LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO
PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT
WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY
BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO
INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS
CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL
CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
20.
Indemnification. You agree to defend,
indemnify, and hold us harmless from and against any and all losses, claims,
liabilities, costs and expenses (including taxes, fees, fines, penalties,
interest, expenses of investigation and attorneys’ fees and disbursements) as
incurred, arising out of or relating to use of the Service or Devices, breach
of the Agreement, or violation of any laws or regulations or the rights of any
third party by you or any person on your account or that you allow to use your
Service or Device.
21.
Enforceability and Assignment. A waiver of any part
of the Agreement in one instance is not a waiver of any other part or any other
instance and must be expressly provided in writing. If we do not enforce our
rights under any provisions of the Agreement, we may still require strict
compliance in the future. Except as provided in Section 2, if any part of the Agreement
is held invalid that part may be severed from the Agreement. You cannot assign
the Agreement or any of your rights or duties under it without our written
consent. We may assign all or part of the Agreement or your debts to us without
notice. The Agreement is the entire agreement between you and us and defines
all of the rights you have with respect to your Service or the Device, except
as provided by law, and you cannot rely on any other documents or statements by
any sales or service representatives or other agents. If you purchase a Device,
services or content from a third party, you may have a separate agreement with
the third party; we are not a party to that agreement. Any determination made
by us pursuant to this Agreement, shall be in our sole reasonable discretion.
Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination
of our Agreement with you.
22.
Choice of Law. This Agreement is
governed by the Federal Arbitration Act, applicable federal law, and the laws
of the state in which your billing address in our records is located, without
regard to the conflicts of laws rules of that state. Foreign laws (except for
Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the
county and state in which your billing address in our records is located, but
not outside the U.S.; or (b) in Puerto Rico if your billing address is in
Puerto Rico. If any provision of the Agreement is invalid under the law of a
particular jurisdiction, that provision will not apply in that jurisdiction.
23.
CPNI. Customer Proprietary Network Information
(“CPNI”) is information that Uwe and other telecommunications carriers obtain
when providing your telecommunications services to you. CPNI includes the types
of telecommunications services you currently purchase, how you use them, and
the billing information related to those services, including items such as the
types of local, long distance and wireless telecommunications services that you
have purchased and your calling details. Your telephone number, name and
address are not considered CPNI.
We may use CPNI to offer
you additional services of the type you already purchase from us. We may also
use your CPNI to offer you products and services, packages, discounts and
promotions from our affiliates, which may be different from the types of
services you already purchase.
We use technology and
security features and strict policy guidelines to safeguard the privacy of CPNI
and protect it from unauthorized access or improper use. We do not disclose
CPNI outside of Ultra Mobile, its affiliates and their respective agents
without customer consent except as required by law. When we use third parties
to perform services on our behalf that require the use of CPNI, we require that
they protect the CPNI consistent with this privacy policy. We do not sell CPNI
to unaffiliated third-parties.
If you wish to restrict our
use of your CPNI for marketing purposes, you may contact a customer service
representative at the customer service phone number located or in Section 12 of
these T&Cs.
24.
SIM Kit Terms
General. Online activation required. By activating/using the
“Hadodo Wireless Inc” service, you acknowledge and agree to be bound by the
full Plans Terms & Conditions located at https://www.hadodowireless.com.
Other taxes, fees, and restrictions apply. Pricing, plans, services, features,
and terms & conditions are subject to change at any time without notice. To
review the latest terms & conditions to which you agree to be bound upon
implementation of any such changes, you should periodically review the full
Plans Terms & Conditions at the above link. If you do not wish to remain
bound by any of these terms & conditions, including any modified or revised
terms & conditions, you must discontinue service with “Hadodo Wireless Inc”
immediately. Plans must be activated within 45 days of purchase.
Data and Usage Limitations. 5G and/or 4G LTE
access requires a capable device and SIM. Actual availability, speed, and
coverage may vary. For all plans, speeds maybe reduced after use of monthly
allotment or during times of network congestion. One month equals 30 days.
Partial megabytes rounded up. Video streams at Standard Definition quality
(about 480p). Data in U.S. Only. Additional limitations may apply depending on
plan.
Hotspot. Tethering or hotspot
data usage draws from monthly allotment of high-speed data. Additional
limitations may apply depending on plan.
Other Terms. Service is provided by Hadodo Wireless Inc. Use of our Service is subject to these Terms & Conditions. © 2022 All rights reserved.