Effective May, 2020
Thanks for choosing SFone! Please read our Terms & Conditions (“Ts&Cs”), which describe your relationship with SFone, including our agreement to arbitrate of disputes, instead of using class actions or jury trials.
Who Are We Talking About? When we say “we,” “us,” “our,” or “SFone,” we mean SFone Wireless. When we say “you,” “your,” “customer,” and “user,” we mean a SFone account holder or someone who uses our Devices or Services. “Device,” means any phone, tablet, mobile broadband device, or any other product or accessory we provide, sell, or that is active on your account with us. “Service(s)” mean SFone-branded offers, rate plans, options, wireless services, payment services, applications, programs, products, software, or Devices on your account with us, as well as any other product or service that we offer or provide to you that references these General Terms and Conditions of Service (“Ts&Cs”).
What does Your Service Agreement With SFone Look Like? These Ts&Cs are part of your service agreement with us (the “Agreement”) and are the contract under which we provide you Services. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, the Agreement includes: (i) the subscriber agreement and transaction materials that you receive and accept when you get your Device; (ii) the service plan(s) that you chose as described in the written services and transaction materials that we provide or refer you to during the sales transaction; (iii) any confirmation materials and invoices that we may provide to you; and (iv) the terms set forth in the coverage map brochures. We strongly recommend that you carefully read all of the terms of the Agreement.
Any limitations On How I Use My Device? If you get a Device from SFone or a SFone authorized retailer without paying full price (MSRP) for the Device, you agree (1) within 60 days to activate and use this Device on the SFone network and (2) not to resell, trade in, or export, or participate or profit in the resale, trade in, or export of the Device to a third party until you have activated and used the Device on the SFone network and met all your other financial and contractual obligations to us. If you do this without meeting your obligations, we reserve the right to take any action we deem necessary, including charging you for the difference between the Device’s full price and the price you paid for it, and seeking recovery of related damages. If you have a separate agreement with SFone to acquire, purchase, or lease a Device, any restrictions on resale in that agreement will also apply, so please refer to the terms of any such agreement to understand your rights to resell your Device. Any tampering with, reprogramming, reflashing, or unlocking of this Device without SFone’s permission violates SFone’s and third parties’ rights under state and federal laws and could subject you to civil or criminal liability.
How Do I Activate Service? You must have the legal capacity to accept the Agreement. You accept the Agreement when you:
If you don’t want to accept the Agreement, don’t do any of these things.
How Will SFone Talk To Me About The Service Agreement? How Will I Get In Touch With SFone? Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed online at www.sfonewireless.com/contact. We will provide you notice through one or more of the following: in your payment, correspondence to your last known payment address, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, by SMS or text message on your Device, or through your SFone application.
What Happens If SFone Changes The Agreement? We may change prices or any other term of your Service or this Agreement at any time. We’ll provide you notice of any material changes and may provide notice of nonmaterial changes. If you use your Service after the change takes effect, then you are accepting the change. If at any point you no longer qualify and are not eligible, or if certain rate plans or services are no longer supported or available, please notify us or, in some cases, SFone will notify you and give you notice of the change(s) to your plan or services. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement. 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 the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.
Can SFone Suspend Or Terminate Services? We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) late payment; (b) exceeding an Account Spending Limit; (c) harassing/threatening/abusing/offending or being excessively impolite to our employees or agents; (d) interfering with our operations; (e) using/suspicion of using Services in a way that violates or is inconsistent with the Agreement and Policies or adversely affects any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) providing false, inaccurate, dated, or unverifiable information, including identification or credit information; (h) becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services or maintain an active Device; (k) you resell or attempt to resell the Services or (l) if we believe the action protects our interests, any customer’s interests, or our network.
How Do I Change My Services And When Are Changes Effective? We want you to be 100% satisfied with your SFone Services! If you want to change your Services, you should go to sfonewireless.com, and you can typically change Services immediately. Some changes may be conditioned on payment of certain charges.
Some changes to Services may not be effective right away. We will not credit or refund any subscription or other charges as a result of a change in Services.
How Do I Terminate Services? If you are thinking about cancelling your Service with SFone, please call us so that we can try to change your mind! If we are unable to change your mind, you can terminate Services by calling us and requesting that we deactivate all Services, or by porting your number to another carrier. You are responsible for all charges paymented or incurred prior to deactivating your Service. If Services are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services.
What is CPNI? As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your payment (“CPNI”). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI.
How Do I Keep My Account Secure? Your PIN, passwords, and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You (the account holder) may be required to password protect your account information by establishing a personal identification number (“PIN”). You may also be required to set a backup security question and answer in the event you forget your PIN. SFone may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in Service based on a request by someone with your account credentials. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, SMS, email, fax, recorded message, mobile, residential or business phone, or mail.
How Can I Use My Device, Number, And Email Address? We don’t manufacture any Device that you use with our Services, including the Devices we provide. That means we aren’t responsible for any defects, acts, omissions, or other problems with your Device. 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. Your Device is designed to be activated on our network and in other coverage areas that we may make available to you. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them. We do not guarantee that any port or transfer of your phone number will be successful. Your SFone phone may have be programmed with restrictions that prevent another carrier's SIM card from being inserted into your phone’s SIM slot for use on a different network.
What If I Bring My Own Device? SFone allows you to bring a Device that you already own to be activated on the SFone Network. When you activate a “SFone Compatible” Device or a Device that was designed to be used on a network other than the SFone Network, not all of your services may work, or they may not work correctly. Just as with any other device, if you bring your own Device to be activated on the SFone Network, SFone is not responsible for your Device, including whether your Device works correctly.
What About The Apps I Download? Are you going to download all your favorite apps onto your new Device? Of course, you are!! We want you to know that when you download or use certain applications, programs, Devices, and services, you may be required to accept terms specific to those items. Generally, the terms will come from the app developer, software licensor, etc., which may be SFone or someone else. Any terms for third party apps are between you and the third party. Additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing, payment, and disputing charges. When you use these items, you are agreeing that they may access, collect, use, or disclose your personal information and that SFone may disclose your information—including location information—to a third party.
Where And How Will My Device Work? Our coverage maps is available on https://www.sfonewireless.com/Coverage.php. Your signal, and your specific network coverage will depend on the radio transmissions your Device can pick up and Services you’ve chosen. Our coverage maps show our coverage estimates using Services outdoors under optimal conditions. Coverage isn’t available everywhere, is not guaranteed, and is subject to change without notice. Service speeds are not guaranteed, and depend on the Service purchased as well as other factors, such as your Device, your location, structures, buildings, weather, geography, topography, server speeds of the websites you access, network problems, network or internet congestion, software, signal strength, actions of third parties, etc. Services that rely on location information, such as E9-1-1 and GPS navigation, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner, including to call 9-1-1, until the software update is complete.
What About Using Data Services? Our data Services and your Device may allow you to access the internet, email, text, take pictures and video, download and play games, video, music, graphics, sound, applications and other materials (“Content”) or send Content elsewhere. We have no control over the Content that you access on your Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Content accessed by you or anyone through your Device or Services. We strongly recommend that you monitor data usage by children/minors. Content from third parties may also harm your Device or its software. We are not responsible for any Content, any damage caused by any Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. For more information on Content and restrictions on Content, see your service plan details. If we provide you storage for Content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. Content stored on a Device, transmitted over our networks, or stored by SFone may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Content provided by our vendors or third parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.
Are There Things I Cannot Do With SFone’s Data Services? You cannot violate these Terms. Our data services are designed for use with your SFone’s Device for reasonable and non-continuous internet access such as web surfing and non-continuous downloading, streaming, gaming and other personal internet access services. You can’t use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions or automatically consume unreasonable amounts of network capacity; (2) as a substitute or backup for private lines or frame relay connections; (3) for automated machine to machine connections or purposes that are designed for unattended use, or (4) for any other unintended use as we determine in our sole discretion. You may tether your SFone Device to other lawful devices pursuant to the allotments contained in your plan for use of your Device as a hotspot or when the Device and plan are specifically intended for that purpose (for example, Data Link, etc.). You also can’t use our data services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of SFone’s network or systems. Our data services may not be used 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; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either SFone’s wireless services or other parties’ internet-based resources, including, but not limited to, “denial of service” attacks against another network host or individual user. We may limit, suspend, constrain, or terminate your Service for use that violates these Terms or for any heavy, continuous data usage or usage that adversely impacts our networks’ performance, hinders access to our networks, or that we determine is necessary to protect our networks from harm or degradation.
What About Our Payment Relationship? Now that you are a SFone customer, we want you to understand how we do things, especially how we get your Service set up and what your payment will include.
How Will You Calculate My Charges?
What are the Other Fees?
Surcharges. You agree to pay all SFone surcharges (“Surcharges”), including, but are not limited to: Federal Universal Service; Regulatory and Administrative charges; gross receipts charges, and other charges. Surcharges are not taxes and are not legally required; rather they are part of our rates and we choose to collect them from you to recover certain costs. We will provide detail about any Surcharges on your invoice, and we may change them at any time. Information on Surcharges is provided during the sales transaction and is available on our website
Does SFone Take Credit Cards? Yes, and we may keep your credit card information on file. If you provide your credit and debit card information to us at any time, you authorize us to charge your cards until successful for all delinquent amounts you owe us. SFone may obtain updated information from card networks, issuers or other third-party sources.
Do I Have To Pay Taxes? You agree to pay all federal, state, and local taxes, fees, and other assessments that we collect and remit to the government. These charges may change from time to time without advance notice.
How Do I Dispute Charges? You agree to dispute charges on your payment within 60 days, by contacting us as described in your payment. Please remember to pay all undisputed charges on or before your payment’s due date.
Do I Have A Software License For The Software On My Device? SFone grants you a non-exclusive and non-transferable license or sublicense to use software, in accordance with the applicable software licensing terms. No rights are granted to source code. You cannot use any software on behalf of third parties or for time share or service bureau activities and cannot reverse engineer, decompile, modify, or enhance any software. SFone may block or terminate your use of any software if you fails to comply with applicable licensing terms. SFone may revoke this license at any time.
Is Calling 9-1-1 Or Other Emergency Numbers Different On My Device? Public safety officials advise that when making 9-1-1 or other emergency calls, you should always be prepared to provide your location information. Depending on a number of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 9-1-1 operators may not know your phone number, your location, or the location of your Device. Sometimes, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 9-1-1 service (“E9-1-1”)For—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E9-1-1 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 9-1-1—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
What If My Device Is Lost Or Stolen? Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. A lost or stolen Device does not affect your Term Commitment, and you will still be responsible for an Early Termination Fee if you terminate Services early. You will still be responsible for any lease or installment payment obligations, as well as any monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
Is There A Warranty On My Services? UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. SFone PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS
Is SFone Responsible For Certain Problems? You agree that neither we nor any third party involved in providing Services are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 9-1-1, Enhanced 9-1-1 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter; (f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or SFone storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) things beyond our control, including acts of God (for example, weather-related phenomena, natural disasters, etc.), riot, strike, war, terrorism, or government orders or acts.
What Is SFone’s Liability? TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
How Will We Resolve Disputes? We want you to be happy with your SFone Services. If, for some reason, we cannot resolve your concern to your satisfaction through calls from our customer care, you and SFone each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If we cannot resolve the dispute, you and SFone agree that we will resolve the dispute through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration And Waiver Of Class Action
Instead of suing in court, you and SFone agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, you and SFone are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves Disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
“Disputes” include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services or the Agreement, including wireless coverage, Devices, payment services and practices, policies, contract practices (including enforceability), and service, privacy, or advertising claims, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that SFone brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and SFone, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with SFone; (iii) claims that are subject to on-going litigation where you are not a party or class member; and (iv) claims that arise after the termination of this Agreement.
Dispute Notice And Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and SFone each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to SFone should be sent to: 9920 Brooklet Drive, Houston, Texas 77099. SFone will provide a Notice of Dispute to you in accordance with the “How Do We Talk To Each Other About The Agreement?” section of this Agreement. SFone will provide you a designated representative to work with to try to resolve your Dispute to your satisfaction. You and SFone agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or SFone may commence an arbitration proceeding or small claims action.
How Does Arbitration Work?
What About Going To Court? IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
What Happens If Someone Sues SFone Based On Something You Actually Caused? You agree to indemnify, defend, and hold SFone and our subsidiaries, affiliates, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services; failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Anything Else? Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the payment address of the Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign the Agreement or any of your rights or duties under it, unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements—you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement that—by their nature—would logically continue beyond the termination of Services (for example, those relating to payment, payment, 9-1-1, dispute resolution, no class action, no jury trial) survive termination of Services.