T-Wire Terms of Service for Communication Services.
Effective as of April 14, 2016 until replaced.
Thank you for choosing T-Wire. These Terms of Service are part of your agreement with T-Wire for Mobile Services. For the most current version of the Terms of Service, please visit our website at mytwire.com or call Customer Support at (844) 894-7326. The Terms of Service included with your Mobile phone may not be the most current version. If you activated Mobile Services before the effective date of these Terms of Service, these Terms of Service replace and supersede any previous Terms of Service. If you have questions about your T-Wire Services, call T-Wire Customer Support at (844) 894-7326 or visit our website at mytwire.com.
Your agreement ("Agreement") with T-Wire powered by T-Wire Corporation and any of its affiliates doing business as T-Wire providing mobile phone services ("Services") to you is made up of these Terms of Service of service ("Terms"). We use the words "we," "us" or "our" to refer to T-Wire powered by T-Wire Corporation and its affiliates doing business as T-Wire in these Terms. When you activate Services or attempt to use our Services (including, without limitation, attempting to place a call) you accept the Agreement.
Company offers Lifeline, a government assistance program, on a non-discriminatory basis to any consumer who completes and submits the required Lifeline application and supporting documentation that (1) meets and maintains the eligibility requirements as defined by the Company policy and terms, federal and state rules and regulations including approval by the federal and state Lifeline Administrator(s), rules and regulation(s), as and where applicable; and (2) resides within the Company's approved service area for wireless telephone services.
Provision of Service
Your free phone or purchased digital mobile phone or other equipment 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 or are eligible under federal guidelines or the applicable state guidelines for Services. Services in some areas are managed and provided under contract with T-Wire by independent affiliates to our network provider. Some Services may not be available or may operate differently in certain affiliate markets.
Changes to Agreement
T-Wire may modify this Agreement at any time by posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the revised Terms of Service. 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 the Agreement, "use" includes keeping the right to access the T-Wire Coverage Area by not terminating Services. You may not modify the Agreement.
Prohibited Network Use
Acceptable Use Policy
Services and equipment may not be used for any unlawful, fraudulent, harassing, or abusive purpose. T-Wire service is for personal use only. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. T-Wire reserves the right, without notice or limitation, to limit, deny, terminate, end, modify, disconnect, or suspend Service if any individual engages in any prohibited voice, text, or data uses detailed below, or if T-Wire determines, on a case-by-case basis, that action is necessary to protect its wireless network, business, equipment, or Services from harm or degradation resulting from such prohibited uses.
Voice & Text Services: T-Wire provides its Voice & Text Services solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. You may not use T-Wire voice and text Services for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. This Service may not be used in a manner that interferes with other T-Wire customer's use of the service. Service levels of other customers may be impaired when users place abnormally high numbers of calls, send or receive very high numbers of messages, or repeatedly make calls of abnormally long duration compared with other T-Wire customers. Use of more than 2,500 units within a 14-day period or less may trigger a review of the usage in accordance with this Acceptable Use Policy.
Data Services: T-Wire Data Services are provided only for personal (i.e. non-commercial) use, which includes web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading files or online gaming. T-Wire data Services may not be used for any of the following uses: (1) to generate excessive levels of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (2) to maintain continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; (3) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (4) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; (5) for activities that adversely affect the ability of other people of system to use either T-Wire’ or other parties’ Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (6) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a T-Wire handset designated for such usage); or (7) for any other reason that violates our policy of providing Service for individual use.
The prohibited uses in this section also apply to unlimited plans. Unlimited does not mean unreasonable use. If T-Wire finds that you are using an unlimited voice or text Service offering for any of the prohibited uses in this section, T-Wire may at its option terminate your Service or change your plan to one with no unlimited usage components. T-Wire will provide notice that it intends to take any of the above actions, and will give you an opportunity to terminate the Agreement. Unlimited Talk & Text includes talk and text within the U.S. only.
Company provides the ability to send and receive voice-grade calls over all domestic distances (local and long distance) via a wireless voice-grade connection to the public switched telephone network. Our voice Services provide the ability to send and receive voice-grade calls within the nationwide (domestic) operating range of the T-Wire Coverage Area. There is power back-up for the underlying T-Wire systems that support T-Wire LifeLine wireless service as well as underlying carrier power backup systems including limitations due to power for equipment on towers or other facilities in accordance with Federal and state requirements. 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. Your T-Wire phone will not accept the services of any wireless provider other than T-Wire.
Services Unavailable At Home
If you fail to receive a voice-grade connection, notify T-Wire Customer Support. T-Wire Customer Support will (1) promptly attempt to restore voice service, or if not possible, (2) provide telephone service using a different network carrier if offered by T-Wire and if you agree to that change; or (3) allow you to discontinue service. No termination fees or penalties apply.
We assign telephone numbers and other personal identifiers in connection with the Services. Unless we provide you advance notice in writing, 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 charge a fee for the transfer and to collect any money owed by you for Services and Equipment.
Eligible Lifeline subscribers will receive free airtime as part of your T-Wire service. Free and purchased airtime is measured in 'units' for voice and text service. One (1) unit equals one (1) minute, and one (1) unit equals one (1) text message. "1 unit = 1 minute = 1 text". Airtime is used in one-minute increments and any fraction of a minute is rounded up and charged at the full minute rate; calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the termination of the call. Some plans include free data usage. Data is measured in megabytes which is decremented at the rate of content downloaded/uploaded to the network. More information on data plans & usage is available through Customer Support by dialing 611.
The Company does not differentiate domestic long distance telephone usage from local usage; customers utilize their minutes of use at the same rate for each type of call. You may also choose to add Airtime through a Top Up card or other commerce channel. This airtime may be invalidated if not paid for by the retailer. Any rollover minutes associated with a plan offering expire after 60 days from the date the minutes were issued
For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. Your account is not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated by either party.
Unless noted otherwise, the following call types are provided with T-Wire Services.
- 411 Directory Assistance: Directory Assistance calls are free; there is no additional charge. Units/minutes for Directory Assistance are deducted from your available balance of units.
- 611 Company Customer Support: The Company's handsets can reach 611 Company Customer Support regardless of units (minutes) available on your balance of units. And there is no decrement of minutes when you dial 611 from their Lifeline phone.
- 911 Emergency Service: The Company's handsets can reach 911 Emergency services regardless of units (minutes) available on your balance of units. There is no decrement of your minutes when you dial 911 from their Lifeline phone. 911 emergency services are compliant with state regulations.
- Operator Services: Access to operator services for T-Wire Lifeline customers is offered commensurate to its retail customers. There is no additional charge for accessing Customer Support and no decrement of Units/minutes for these calls.
- No Termination Fee or Penalty: Company does not require you to enter into a service contract, so you are not subject to termination fees or penalties.
Lifeline Activity Alerts and Other Text Messages
T-Wire will use text messaging to keep in touch with you for things like:
- Balance Alerts
- Activation Status
- Product Offers
- Reload Specials
You can call (844) 894-7326 to OPT OUT of T-Wire messaging or send an email to [email protected] The customer cannot opt out of the required FCC notifications.
To receive SMS HELP dial 611 on your phone, or from another phone call (844) 894-7326. You can also email us at [email protected]
You may get our current address for written notice by calling T-Wire Customer Support. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling T-Wire Customer Support, and (2) we may notify you by leaving a message for you on your T-Wire Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Phones and Other Equipment
Phones and other equipment may be provided at no charge to you as part of the T-Wire offering. Phones, which are refurbished or overstocked handsets, and other equipment may also be purchased and returned as provided in the purchase documents. We are not the manufacturer of the phones or other equipment. The only warranties on the phones or other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the phones and other equipment or for the manufacturers' acts or omissions.
Refurbished phones are used phones that have been inspected, tested, and restored to full working condition at a factory or authorized service center. They may feature new housings or other new parts, or they may simply be used phones that have been tested and certified. Many of the phones distributed are refurbished phones that have been moderately used. They may show minor cosmetic imperfections or be placed in new housings. Phone is data cleared and has been fully inspected, and functionally tested. Device and accessories distributed consist of phone, battery, and wall charger.
Lost or Stolen Equipment
If your phone or other equipment is lost or stolen, you must notify us by calling T-Wire Customer Support. 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), as well as require you to pay a reactivation or replacement fee of $25.00. You will need to send a money order or prepay via credit card before we reactivate or send a replacement phone. 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.
Caller ID display on incoming calls to your Number depends on receiving the information from the calling party.
Limitation of Liability
Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed (1) in cases related to a specific piece of equipment, the prorated Services to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated Services to you during the affected period.
Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with:
- Any act or omission of any telecommunications service or other service provider other than us;
- Any directory listing;
- Any dropped calls or inability to place or receive calls;
- Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations;
- Traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services;
- Any late or failed message delivery;
- Any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone;
- The installation or repair of any products or equipment by parties who are not our authorized employees or agents;
- Events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority;
- Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
- Your negligent or intentional act or omission.
- NO CONSEQUENTIAL OR OTHER DAMAGES: UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Neither T-Wire nor any of its affiliates, nor the directors, employees or other representatives of any of them are liable for damages arising out of or in connection with the use of the products or services. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
This Agreement is governed by and must be construed under federal law and the laws of the State of Florida, without regard to choice of law principles. You agree to submit yourself to the person jurisdiction of the courts in the state of Florida.
For services other than those provided pursuant to the Lifeline program, equipment, and top-up cards, which are not a part of the Lifeline program, this Agreement is governed by and must be construed under federal law and the laws of the State of Florida, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of Florida.
If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
Copyright and Trademark
Trademarks, product names, and company names and logos appearing on T-Wire are the property of their respective owners. Users must obtain written permission from T-Wire before copying or using the owner's trademarks, product names and company names and logos.
Service, Prepaid Services
Upon certification of eligibility, and continuing eligibility, you will receive free voice services. This positive account balance will be applied every 14 days on the anniversary of your service activation. You must maintain an ACTIVE ACCOUNT every 60 days: by having voice call usage (inbound or outbound), by buying additional product, or by responding affirmatively to our queries regarding your desire to continue to receive services. You may also elect to purchase additional services, including additional voice minutes, text plans, etc. When purchasing prepaid services, you are responsible for prepaying all charges for using the service. The balance in your prepaid account is reduced by the charges attributable to your use of the service. You must keep a positive balance in your prepaid account to continue using the service. Anyone who purchases or uses the service, with or without the purchaser's consent is considered a user and subject to the Terms of Service.
Service Limits and Coverage Maps
Service is available to your handset only when it is within the range of our system or of an operator with which we have an applicable agreement. Coverage maps you may have viewed are only estimates; actual service coverage and service quality may vary, and are not guaranteed under the Terms of Service.
Misuse of Lifeline Service
You have certified your eligibility to receive free services under the federally funded Lifeline program. If your eligibility to participate in this program changes, you agree to immediately notify T-Wire at (844) 894-7326. Service is provided at our discretion and if Terms of Service are violated we can terminate your wireless service without any further notification or obligation to you.
Changes to Rates and Fees
All rates and fees are subject to change without notice. Service provided is subject to our business policies, which can change without notice. Click Here for current rates and information. For Customer Support, call (844) 894-7326. To dispute charges you must notify us within 14 days of the date of the disputed call. Terms of Service can be modified without notice; Click Here for current Terms of Service.
Defective handsets or other defective equipment provided at no cost to you may be eligible for exchange. This policy does not apply to breakage caused by customer negligence or water damage. Note that the exchange policy, including the number of days for exchange, may be changed without notice and the policy may not apply to certain products. To exchange a defective handset, please call Customer Support at (844) 894-7326 to obtain a Return Authorization and shipping instructions. You must return the product at your expense, complete with all accessories that came with the handset, in the original box with all materials and package inserts within 14 days of receiving the handset. Phones returned after 14 days will require a replacement fee of $25.00 before the replacement phone is mailed. The replacement fee may be paid by sending a money order or prepaying via credit card. Upon T-Wire' receipt of the returned product, T-Wire will ship you the replacement handset. Any other disputes should be handled by Customer Support. If you do not dispute any charge on your account prior to its going inactive or within 14 days of the date of the receipt, whichever comes first, you give up your right to dispute.
Concerns, Complaints or Disputes
If you have questions, concerns, comments or complaints, please contact T-Wire at [email protected] or call Customer Support by dialing 611 from your cell phone (does not use your Lifeline minutes) or dialing (844) 894-7326 from another phone.
Applicable Time Frames: If disputing charges, you must notify T-Wire within 14 days of the date of the disputed call. If you do not dispute any charge on your account prior to the account going inactive or within 14 days of the date of the charge or the date of receipt a replacement phone, whichever comes first, you give up your right to dispute.
State Commission Contact: After contacting T-Wire Customer Support and before proceeding to Arbitration, you may also contact the applicable state commission or contact who is also committed to addressing customer concerns and complaints.
No Warranties by T-Wire
T-WIRE MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. T-WIRE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY.
Termination of Access
T-Wire may terminate your access without notice, for any conduct that T-Wire, in its sole discretion, believes to be harmful to individual users, T-Wire or any of its affiliates, or any rights of T-Wire or any third party, or to violate applicable laws.