Terms of Service
PLEASE READ these Terms of Service (the “Terms”) carefully and make sure that you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms limit our liability and the remedies available to you in the event of a dispute. For the most current version of the Terms or to ask questions, please visit our website at www.Wavenation.com or call Customer Service at 1-844-662-WAVE (9283).
In these Terms, “we,” “us,” “our”, and “Wavenation” refer to Wavenation, LLC; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our applications (“app”), offers, rates, or service plans, including prepaid services.
A. Acceptance – These Terms are the contract under which we provide and you accept all our Services or Devices. These Terms hereby incorporate by reference the terms associated with the Service you select and all additional or updated terms at www.wavenation.com.
YOU ACCEPT THESE TERMS WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICE, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING, OR (E) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT TAKE ANY OF THESE ACTIONS.
A. Service – The Devices and Services that Wavenation provides prioritize the use of WiFi network(s) when available. If WiFi networks are not available, and for any 211, 311, 511, 811, and 911 calls, the Devices and Services will utilize traditional cellular connections. Your mobile device will be assigned two phone numbers:
i. Network Phone Number: Pre-assigned number by underlying cellular network.
ii. Selected Number: The number selected during purchase of your phone or your ported phone number.
The selected phone number will be used in all cases with the exception of 211, 311, 511, 811, and 911. 911 services will operate as it would with a traditional cellular company by utilizing the Network Phone Number. Enhanced 911 (E911) service, which allows emergency dispatchers the ability to identify your wireless number and location will be based on Network Phone Number and last location where your phone was identified on the cellular network. If your phone was last on the cellular network in a different location then where you are located when you contact 911 your location identified by the emergency dispatcher may be different than the actual 911 location. It is best to communicate to the emergency operator your location and the best contact number to reach you.
B. Online Account Information – Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. Furthermore, as an additional security measure, we recommend you use a different password from the email account. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You should make every effort to safeguard your account data. Wavenation is not responsible for lost or stolen account data or unauthorized use. You agree to immediately notify Wavenation of any unauthorized use of your password or account or any other breach of security.
C. Credit/Debit Card Fraud – Credit/debit card fraud is a criminal offense. It is a federal AND state offense to purchase any product or service by fraudulent means. Products and/or services purchased on this website shall not be used for any unlawful purpose. At Wavenation we use automated and manual systems to confirm proper credit card authorization, including having Wavenation representatives call persons who have signed up for Wavenation services. We also track every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed transaction records and email addresses is collected. The information will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud through Wavenation’s Services or Devices. Wavenation does not store credit/debit card information. The Wavenation website communicates over Secure Socket Layer protocol to ensure protection of your personal data. Wavenation however shall not be responsible for the security of your data or for fraudulent use of credit card to make purchases on the website, nor shall Wavenation be obligated to make refunds or to provide any compensation where such fraudulent use occurs. Wavenation will actively cooperate with law enforcement authorities in prosecuting anyone who uses our website or products/services sold over the website for unlawful use. Wavenation is not responsible if the card holder’s issuing bank does not authorize online transactions.
D. Customer Information Ownership – Wavenation is the sole owner of the information collected on this website. We will not sell, share, or rent this information to a third party for marketing or any other purposes. We collect, retain, and use only the information that is necessary for you to administrate your Wavenation account. Therefore, it is required for you to provide certain information upon using portions of our website. Such information includes your name (either your name, company, or organizations name), address, phone number, email address, and other information gathered through the applicable process.
E. Use of Service by Customer – You agree not to use our Services in any unlawful, fraudulent, or abusive manner. You may not resell or lease our Services or Devices to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach these Terms, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer’s specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates these Terms. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
F. Account Authorization – You authorize us to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
G. Lost or Stolen Equipment – If your phone or other equipment is lost or stolen, you must notify us by calling Wavenation Customer Service at 844-662-WAVE (9283). You are responsible for all charges for Services provided to the Number for the lost or stolen equipment. We will deactivate Services to the number upon notification to us of any loss or theft. If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we do reactivate Services). We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use.
H. Exchange Policy Devices – Defective handsets or other defective equipment may be exchanged within 30 days for refurbished handsets and 6 months for all new handsets in the case of a manufacturers defect. This policy does not apply to breakage caused by customer negligence or water damage. To exchange a defective device please call Customer Service at 1-844-662-WAVE (9283) to obtain a Return Authorization and shipping instructions. You must return the product at your expense, complete with all accessories that came with the device. Upon Wavenation’s receipt of the returned product, Wavenation will ship you the replacement device. Failure to return devices within 30 days will result in customer being charged for replacement device. Items not covered under warranty are listed below:
a) Lost or stolen devices are the responsibility of the customer and not covered by this policy.
b) You may not return the device if damaged by improper usage or modification that result in device failing.
c) You must return the device in original condition. If device is not returned in original condition Wavenation reserves the right to return device to consumer.
I. Coverage – Wavenation provides service on a national wireless platform. Services are available within the operating range of the Wavenation Coverage Area. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in Services. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the availability of the wireless network or any Services. Coverage is not available everywhere. You will not have access to our network outside of our coverage areas. Coverage maps are available at www.Wavenation.com. Our coverage maps approximate our anticipated wireless coverage area, do not show actual network coverage or performance, and may vary and be affected by circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather). Your Wavenation phone will not accept the services of any wireless provider other than Wavenation.
J. Caller ID – Caller ID display on incoming calls to your Number depends on receiving the information from the calling party.
K. Pay-Per-Call Service – Wavenation will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
L. Refunds and Returns – Account balances are not refundable, transferable, or redeemable for cash or credit, with the exception of Wavenation’s Satisfaction Back Guarantee policy. To the fullest extent permitted by law, Wavenation Devices are sold “as is” with no manufacturer warranty. Wavenation Devices purchased on www.Wavenation.com are subject to Wavenation’s 30-day return policy found at www.Wavenation.com.
M. Satisfaction Money-Back Guarantee – Wavenation service comes with a Satisfaction Guarantee only applicable within 30 days from the time of purchase of the Service/Device. If you are not satisfied with the Service, you may cancel the Service so long as your Device is returned in original condition. If a return is processed within 30 days, the cost of the Device and cost of the Service plan will be refunded to you.
N. Your Device – Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer including any warranties, patent, or licensing obligations. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor from which you purchased the phone. Check with your manufacturer to determine whether there are any warranties on your Device. Device performance may vary based on Device specifications (for example, a Device’s software, memory, and storage), and Device performance may impact access to our Services. You agree that you will not use Wavenation Devices with any non-Wavenation service or on any other network. Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you. We will notify you if we decide to change or reassign them. If your prepaid account is de-activated, your phone number may be re-assigned. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking. Your Wavenation device may not be 4G enabled.
O. Phone Number – We assign telephone numbers and other personal identifiers in connection with the Services. Unless we provide you advance notice, you have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. You do not have any property right to your phone number. It may be changed or reassigned. In the event that you become entitled to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer to collect any money owed by you for Services and Equipment.
P. Transferring/Porting Your Number – You must have an active Wavenation account to transfer, or “port,” your phone number. Call Customer Service if you wish to port your phone number from another service provider to Wavenation. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. You must have an active Wavenation account for a minimum of five (5) days before requests to port out/transfer your number from Wavenation to another service provider are fulfilled. If you port your number away from us, these Terms still apply. You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We do not guarantee that number transfers to, or from, us will be successful.
Q. Provision of Service – Your purchase of a Device does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided under contract with Wavenation by independent affiliates to our network provider. Some Services may not be available or may operate differently in certain affiliate markets.
R. Software Upgrades – To ensure that your Device complies with Federal Communications Commission regulations, is certified for use on our network, and is compatible with your Service, we may change your wireless device’s software, applications, or programming remotely, without notice. This could affect your stored data, your programming, or use of your Device.
S. Changes to Terms – We may change these Terms at any time. Any changes to the Terms are effective when we publish the revised Terms. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. If you do not accept the changes, you may terminate Services. For purposes of these Terms, “use” includes keeping the right to access the Wavenation Coverage Area by not terminating Services. You may not modify these Terms.
T. Customer’s Cancellation Rights – You can cancel a line of Service within 7 days of accepting the Terms without having to pay additional charges as long as you return, within the applicable return period, any Devices you purchased from us in connection with your acceptance of the Terms, subject to charges for your Service through that date. If you only purchased a Device, you may return the Device for a full refund, less shipping costs, within 30 days of your purchase of the Device.
U. Termination – Wavenation may terminate your access without notice, for any conduct that Wavenation, in its sole discretion, believes to be harmful to individual users, Wavenation or any of its affiliates, or any rights of Wavenation or any third party, or to violate applicable laws.
IV. Charges / Payments / Default
A. Charges Debited Agreement – You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees. You agree that we may deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, and roaming not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features included; voice rates apply where applicable. When calling outside the U.S., additional charges may apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off network/special locations and in some instances may be higher. International voice credit rolls over for 90 days; credit cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus airtime, except for select international destinations that are included at no extra charge (i.e. airtime charge only). Restrictions on certain countries may apply. All plans, rates and fees are subject to change without notice.
B. Calling and Messaging – Call times are measured in whole minutes and rounded up to the nearest minute. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. We may impose limits on the number of voicemail, text, e-mail, 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 need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages.
C. Text and Picture Messaging – All messages, including text and picture messages are charged when sent (per recipient) or received, regardless of whether they are read or unsolicited. Wavenation is not responsible for any of the data activity sent to or received on your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. Wavenation reserves the right to limit picture message size at any time. In order to protect our network and Services, Wavenation may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored. Wavenation is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging consume data and are only available on handsets programmed for data.
D. Services Restrictions – Services are subject to our business policies, practices, and procedures. Our Policies are subject to change at any time and become effective when posted to Wavenation’s website at Wavenation.com. Wavenation’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. Wavenation has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
E. Data Service and Charges – Wavenation data is up to 4G LTE speeds for the selected plan allotment. Actual speeds may vary depending on location and device capability. Data usage is measured in kilobytes and is rounded to the nearest KB each use. Data usage applies for sending/receiving MMS. For data-capable Devices not provided by Wavenation, manual or auto configuration is needed for MMS and/or data settings. Your account balance will be deducted for all data directed to the Internet address (“IP address”) assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used will vary widely, even for the same activity. Estimates of data usage, for example, the size of downloadable files, will not necessarily be an accurate predictor of actual usage.
F. Expiration – Wavenation Monthly plans (“Monthly Plan”) date of service is based on the day of the month that you purchase your service on www.Wavenation.com and each following payment will be on monthly anniversary of that date. As an example, if you purchased your service on the 11th of the month, each month following your payment will be due on the 11th day of each month until you terminate your subscription. Payments are made by automatically charging your payment method provided at checkout, unless updated on Wavenation.com. If your payment is declined by your credit card provider, we will send a text message notifying you of your payment being declined. We will then attempt to run the associated credit card as reflected on your profile each day for two days. If your payment is still not able to be received, your service will be disabled. To dispute charges, you must notify us within 30 days of the date of the dispute. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any Wavenation Service. Credits cannot be transferred from one account to another. If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure and do not guarantee that the same phone number will be available.
G. Automatic Recharge – You can register to automatically recharge your International Calling balance. By registering for Auto Recharge, you agree to have the Auto Recharge amount you have selected deducted from your credit card or debit card and added to your Wavenation account. You can establish, modify, or cancel your Auto Recharge preferences at any time by logging into your account at www.Wavenation.com or by calling Wavenation at 1-844-662-WAVE (9283). Please note that any airtime loaded between auto recharge dates will not negate or reset the auto recharge timing.
H. Government Taxes, Fees, Surcharges – You must pay all taxes, fees, and other charges set by federal, state, and local governments. Please note that we may not always be able to notify you in advance of changes to these charges. Our charges may also include Federal Universal Service, Regulatory and Administrative Charges, and gross receipts charges, and we may also include other charges related to our governmental costs (“Surcharges”). We set these Surcharges. They are not taxes and are not required by law. We will provide detail about any Surcharges on your bill, and we may change them at any time.
A. Disclaimer of Warranties – WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE CONCERNING YOUR SERVICES OR DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES OR COVERAGE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE AND COVERAGE ISSUES.
B. Limitation of Liability – NEITHER WE NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE, WHETHER OR NOT DUE TO OUR OWN NEGLIGENCE, FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU OR ANY THIRD PARTY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR OTHER DEFICIENCIES OR PROBLEMS WITH YOUR DEVICE, OUR NETWORK COVERAGE, OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY DAMAGE OR INJURY ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY DEVICES, OR RELATED ACCESSORIES, INCLUDING USE IN A VEHICLE, (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 THROUGH 911, E911 OR ANY OTHER EMERGENCY SERVICE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. UNLESS PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, PROFITS, REVENUE, OR INABILITY TO USE SERVICES OR DEVICES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
C. Indemnification – TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS BY ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING OUT OF THE USE OF OUR DEVICES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VEHICULAR DAMAGE AND PERSONAL INJURY, AND INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM OUR ALLEGED NEGLIGENCE, OR ANY VIOLATION OF THIS AGREEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF YOUR SERVICE.
SOME STATES DO NOT ALLOW OR PROVIDE CERTAIN LIMITS ON DISCLAIMERS OF IMPLIED WARRANTIES AND REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERYONE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
VI. Resolution of Disputes
PLEASE READ THIS CAREFULLY.
A. Mandatory Arbitration of Disputes
A PARTY WHO INTENDS TO PURSUE ARBITRATION OR RELIEF IN SMALL CLAIMS COURT UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING AN ARBITRATION OR SMALL CLAIMS MATTER. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND SENT BY CERTIFIED MAIL TO: ATTN: Dispute Resolution Wavenation, PO Box 6529, Chicago, Illinois 60606-6529. IF AFTER 60 DAYS, WE DO NOT RESOLVE THE DISPUTE, EITHER PARTY MAY INITIATE A SMALL CLAIMS MATTER OR ARBITRATION PROCEEDING.
THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING WWW.ADR.ORG.
THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION.
WE WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS.
B. Changes to Your Service or the Terms – We may change any part of the Terms at any time, without advance notice, including, but not limited to, these General Terms, Authorized Use Policy, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and charges for your Service. Changes become effective when posted to www.Wavenation.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to the Terms or your Service.
A. Waiver – A waiver of, or failure to enforce, any part of the Terms in one instance is not a waiver of any other part or instance.
B. Headings – Section headings are for descriptive, non-interpretive purposes only.
C. Assignment – You may not transfer or assign the Terms or any of your rights or duties under it. We may assign all or part of the Terms, or your debts to us, without notice.
D. Severability – If any part of the Terms, including any part of its arbitration provisions, is held invalid, that part may be severed from the Terms and the Terms shall otherwise be enforceable.
F. Third Parties – The Terms are not for the benefit of any third party except Wavenation’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest.
G. Governance – These Terms are governed by and must be construed under federal law and the laws of the State of Illinois, without regard to the choice of law principles or the conflicts of laws and rules of that state. You agree to submit yourself to the personal jurisdiction of the courts in the State of Illinois.
H. Notices – You may get our current address for written notice by calling Wavenation Customer Service. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by these Terms or Applicable Laws, (1) you may notify us by calling Wavenation Customer Service, and (2) we may notify you by leaving a message for you on your Wavenation Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
I. Intellectual Property – Trademarks, product names, and company names and logos appearing on Wavenation are the property of their respective owners. Users must obtain permission from Wavenation before copying or using the owner’s trademarks, product names and company names and logos.
VIII. Specific Customers Based on Locale
A. California Resident – Unauthorized Charges: You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your phone or other Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting us at 1-844-662-WAVE (9283). If you notify us of any charges on your bill you claim are unauthorized, we will investigate. If there are charges on your bill for calls made after the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents, statements, and other information to show any charges were not authorized. We will advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission and you may have other legal rights. While an investigation is underway, you do not have to pay any charges you dispute or associated late charges, and we will not send the disputed amount to collection or file an adverse credit report about it. While your phone is suspended you will remain responsible for complying with all other obligations under the Terms, including but not limited to, your monthly fee. We both have a duty to act in good faith and in a reasonable and responsible manner including in connection with the loss or theft of your Device.
B. Connecticut – Service Questions: If you have questions or concerns about your Wavenation Service, please call us at 1-844-662-WAVE (9283). As a Connecticut customer, if we cannot resolve your issue, you have the option of contacting the Public Utilities Regulatory Authority. They can be contacted by mail at Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051, by phone at 1-800-382-4586, or online at ct.gov/pura.
C. Puerto Rico – Service Questions: If you have questions or concerns about your Wavenation Service, please call us at 1-844-662-WAVE (9283). As a Puerto Rico customer, if we cannot resolve your issue, you have the option of contacting the Telecommunications Regulatory Board of Puerto Rico. They can be contacted by mail at 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941, by phone at 1-787-756-0804 or 1-800-578-5500, or online at http://www.jrtpr.gobierno.pr/. The Telecommunications Regulatory Board provides a grievance process in addition to pursuing arbitration.
IX. Product Specific Terms
A. WAVENATION WIRELESS —Subject to change at any time in the sole discretion of service provider
i. Introduction – WAVENATION WIRELESS is a suite of services offered by Wavenation, and includes the purchase of a Wavenation phone or the installation of an App which allows and provides voice, text and data related services. By using the WIRELESS Services, you agree to the Terms and any changes that may be made to them.
ii. All-In Plans Introduction – All-In rate plans provide the user with a specified allotment of combined voice minutes, text messages and data for a flat fee and is valid for use within a monthly period. Extra services are available for add-on to the suite of monthly services, which can increase the allotment of services, but do not extend the length of the subscribed service plan. Each plan option is directly associated with a specific flat fee. All plans are monthly plans. Customers must elect auto-refill or add funds to continue service. International may or may not be include within all plans.
iii. All-In Plans
a) Phone+Text App – unlimited voice calling and text messaging from a WiFi or other Internet connection. This plan contains no data services from Wavenation.
b) 500 Plan – includes 500 voice minutes, 500 text messages and 500MB of Data.
c) Americas Plan – allows unlimited voice calls and text messages to North America, including the US, Canada and Mexico.
iv. Data Add On – Users can purchase additional data, that can be added to an existing monthly plan. Data can be purchased in increments of 500MB. The expiration associated with the purchase of additional data is 90 days.
v. Unlimited Service – Unlimited Service does not mean unreasonable use. To ensure that all Wavenation customers have access to reliable services provided at a reasonable cost, you may not use our Service in a manner that interferes with another Wavenation customer’s use of our Service or disproportionately impacts Wavenation’ network resources. Wavenation service is intended for personal use only. We have determined that placing a high number of calls, sending or receiving unusually high numbers of messages or data usage or repeatedly placing calls of unusually long duration relative to typical usage by other customers on similar service plans suggests that a mobile phone or device is being used other than for personal use, and is in violation of these Terms. If we determine at our sole discretion that you are using an unlimited or other service in violation of these Terms or other Wavenation rule or policy, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or terminate your Service, decline to renew your Service or offer you a different service plan with no unlimited usage component at any time.
vi. Plan Changes – We reserve the right to change the Fees set forth above or discontinue a rate plan at any time.
vii. Switching Among Plans – Unless otherwise provided in these Terms, you may switch between any available rate plan at any time; however, Monthly Service Fees are not refundable. When you switch between rate plans you will not receive a refund of any portion of any previously paid charges. For that reason, we recommend that you switch at the end of your monthly billing cycle if you are on a Monthly Service Plan or after you have used your minutes, messages or data allotment.
B. Wavenation INTERNATIONAL CALLING —Subject to change at any time in the sole discretion of service provider
i. Introduction – Wavenation INTERNATIONAL CALLING is a service offered by Wavenation, allowing you to make international phone calls from a non-Wavenation device. This is accomplished by dialing a Wavenation local access number, and activating a Wavenation INTERNATIONAL CALLING account. By using the INTERNATIONAL CALLING Services, You agree to the Terms and any changes that may be made to them.
Rates may vary and are subject to change without prior notice.
iii. Toll-free restrictions – Wavenation US Toll-Free Numbers are available from US Continental only (48 Contiguous State). They cannot be accessed from Alaska, Hawaii and Puerto Rico;
iv. Access Numbers – Wavenation has multiple access numbers available.
v. Toll-Free Charges – Calls made in the US using the Toll-Free Access Number will incur an additional charge.
vi. Local Access Number Charges – By using the Local Access Numbers the user accepts the charges for the local call made to our number imposed by telephone provider company.
vii. Billing Increments – Calls are billed in increments of one minute, with fractions thereof rounded up to one minute.
viii. Sales – All sales are final
ix. Phone Sharing – INTERNATIONAL CALLING is not a default feature and once the customer chooses to set their phone number for INTERNATIONAL CALLING dialing you are responsible for all the calls placed from that number.
x. Auto Recharge – Customer can activate Auto Recharge for their account; once this feature is activated the customer agrees to the charges that will apply on the credit/debit card when the balance drops below the set amount; the customer will select the amount they want to be added on their account when activating Automatic Recharge; Automatic Recharges are considered customer activities.
xi. Call Details provided by the customer service of the carrier regarding the usage of a prepaid phone are final and will be considered authentic record/proof about the usage of the plan.
xii. Call History from the customer’s account is available for the last 30 days.
xiii. Voice Credit Balance – The Voice Credit balance of your account becomes inactive after a 6 month period of inactivity (no call or no order registered in the last 180 days). If you wish to reactive your Voice Credit balance please contact our Customer Service team. All such actions will be confirmed via email. Please note we are not obligated to refund you the remaining balance left in your prepaid service account.
C. Wavenation Phone+Text App
i. Introduction – Wavenation Phone+Text App is a mobile application-based service offered by Wavenation, allowing you to have a 2nd phone number, capable of making and receiving U.S. domestic phone calls. By using this Service, You agree to the Terms and any changes that may be made to them.
ii. Subscription – The Phone+Text App Service is a service based on a monthly subscription.
iii. Monthly Charge – By purchasing the Phone+Text App service the customer agrees on the monthly charge
iv. First Charge – The first charge is made when the Phone+Text App service is setup in the customer’s account and he/she will be charged from this date on until he cancels the service.
v. Cancellation – Once your Phone+Text App service is canceled, the service will be discontinued immediately. The associated phone number cannot be retrieved. A Phone+Text App service canceled by mistake will not be refunded.
vi. New Virtual Number – A new Phone+Text App service will require a new purchase, that will generate a different phone number.
D. GLOBAL CALLING
i. Introduction – GLOBAL CALLING is a service offered by Wavenation, which allows you to make international phone calls. By using the GLOBAL CALLING Services, you agree to the Terms and any changes that may be made to them.
ii. Price, Feature and Rate Changes – We may change the prices or features associated with the GLOBAL CALLING Service from time to time, and such changes will be effective from the time they are posted or available through the Website. The rates for calls made and/or available destinations in conjunction with the use of the GLOBAL CALLING Service are subject to change at any time without prior notice. All calls for the GLOBAL CALLING Service are billed in one minute increments. The GLOBAL CALLING Service expires 90 days after last use or 30 days after account suspension. Once an GLOBAL CALLING ACCOUNT has expired, there will be no remaining account balance refund provided. There are no additional fees or surcharges associated with the GLOBAL CALLING Services. The GLOBAL CALLING Service is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale.
iii. Suspending/Canceling the Service
If We have reason to believe that You or someone else is abusing the GLOBAL CALLING Service fraudulently or unlawfully through Your Account, or if Your form of payment for the GLOBAL CALLING Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the GLOBAL CALLING Service and close Your Account without advance notice. In the event of suspension or cancellation of the GLOBAL CALLING Service due to any other aforementioned reasons, Wavenation may from time to time discontinue offering the GLOBAL CALLING Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the GLOBAL CALLING Service is contrary to any law, rule or regulation or upon Your violation of the Terms.
Last updated 3-18-18