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Device Unlocking

Satisfaction Guarantee

CPNI

Do Not Call Registry

Account Access Roles

Terms and Conditions

 

Device Unlocking

At Nex-Tech Wireless, our devices are not typically programmed with an “SPL, Service Programming Lock” so “unlocking” is unnecessary.  Although a device may work on one carrier’s network, it may not be technologically compatible to work on another carrier’s network.  For any device leaving Nex-Tech Wireless for service on another network, the account must be out of contract, in good standing and no fees owed to Nex-Tech Wireless.

 

Nex-Tech Wireless will accept any unlocked device onto our network that is in good condition, is in a “generic” unbranded state and matches our network requirements.  Many carriers have specific software that is proprietary to their network and unlocking a device may enable some functionality of the device but not all.  Nex-Tech Wireless does not have the ability to override other carrier’s software, even in an unlocked state.  Should a device be carrier locked, it is the customer’s responsibility to contact their previous carrier to have it unlocked.  Nex-Tech Wireless will not assume any responsibility in doing so, nor will we assume any responsibility for a “locked” device being sold to another party for activation.  Nex-Tech Wireless cannot unlock another carrier’s device.  This must be done by the current serving carrier, according to their policies.

 

Should Nex-Tech Wireless employ such software with lock enabled, it will develop and publish an unlocking policy consistent with the standards set forth in the CTIA Code Section 12 for Wireless Service.

 

Please contact Nex-Tech Wireless Customer Care team for any questions. 

 

Toll Free 877-621-2600, customerservice@nex-techwireless.com

 

Satisfaction Guarantee

If you are not fully satisfied with your Nex-Tech Wireless service, you may cancel your account within 30 days, and we will refund your equipment purchase price. If our service has not met your expectations, you may cancel your account within the first 30 days for new activations. You will not be charged any early termination fee and will only be responsible for the usage incurred. You will be responsible for all applicable fees, prorated access charges, roaming charges, data services including downloading ringtones, taxes, or other charges that accrued to your account through the termination date and equipment return date. You may return your wireless equipment within 30 calendar days of activating if the service has failed to meet your expectations, and we will refund the upfront cost of activating service. All equipment must be returned in “like-new” condition including the original box with all components (phone, charger, battery, instruction manual, etc.). At our discretion, we may decline your return or charge you a fee for missing items or items that we determine are damaged. WOW service is non-refundable and non-transferrable.

 

CPNI Privacy Policy

Nex-Tech Wireless Privacy Policy

This Privacy Policy last updated on: 01/07/2009

Nex-Tech Wireless has created this privacy statement ("Policy") to communicate our privacy practices and policies with our customers. This privacy statement outlines what information we collect, use, disclose, and how we protect such information when you access or use any of our services. Nex-Tech Wireless may revise or update this Policy from time to time, so you should refer back to this page often for the latest information.

 

What is “Customer Proprietary Network Information” (CPNI)?

Certain information is made available to Nex-Tech Wireless solely by virtue of a customer’s relationship with us. Under U.S. federal law, customers have a right and we have a duty to protect the confidentiality of information that relates to their usage of our services and the type of services they purchase from us. This information is known as Customer Proprietary Network Information, CPNI. Specifically, CPNI is information that relates to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications services a customer purchases from Nex-Tech Wireless.

 

Except as permitted by law or with customer approval, Nex-Tech Wireless will only use, disclose, or permit access to the CPNI it receives or obtains by virtue of its provision of telecommunications service in connection with (a) marketing service offerings from within the category of service the customer subscribes, or (b) services necessary to providing telecommunications service, such as, but not limited to, billing, provisioning, and collecting payments.

 

What is "personally identifiable information” (PII) and how does it relate to me?

Personally identifiable information is information that is directly associated with a specific person such as a subscriber's name, address, telephone number, e-mail address, and location information.  Nex-Tech Wireless does not consider “aggregate” information to be personally identifiable information. Aggregate information is data we collect about a group or category of services or customers from which individual customer identities have been removed. For example, we may combine your information with information about how other customers use the same service, with no personally identifiable information included in the resulting data. Aggregate data helps us identify trends and customer desires so that we can consider new services or enhance existing services to better meet customer needs.

 

When and how is information collected?

We collect personal information in a variety of ways:

 

Information you give us: We collect information you give us when you purchase or use Nex-Tech Wireless products and services, or request information about our services. For example, you provide us with your billing address and credit information when you purchase service from us. Similarly, you may provide personal information when you submit a job application.

 

Automatically collected information: We automatically receive certain types of information whenever you interact with us. When your phone is turned on, wireless systems know your network location and your approximate physical location, which is how calls or information are delivered to you.

 

Information from other sources: We may receive information about you from other sources. For example, we receive credit information from third-party sources before initiating service you have requested. We may add such information or combine it with personal information on your account.

 

How does Nex-Tech Wireless use personal information?

We collect, maintain, and use customers’ personal information as necessary to provide the most helpful and targeted products and services to meet customers’ needs. We also use personal information for billing purposes, marketing new and existing services, resolving service problems, and enhancing customer relationships. In addition, we use personal information to evaluate employment qualifications and communicate with job applicants.

 

Will my personal information be disclosed?

Nex-Tech Wireless does NOT sell personal information and we disclose personal information only in the following ways:

 

1.     With your consent

We may obtain your consent to disclose personal information in a number ways, including in writing; verbally; online by clicking a button; entering information on a wireless device or handset; or at the time of initiation or use of any service when your consent is part of the required terms and conditions to use the service. Other times your consent is implicit. For example, if you purchase a product through our Web site and request that it be shipped to your home, you implicitly consent to our disclosure of your name and address to ship your order and also of your charge card number to the bank to collect payment and complete your order.

 

2.     Transaction processing

We disclose personal information to third parties as necessary to complete transactions or perform services on our behalf. Nex-Tech Wireless must share some private information with our contractors, consultants, and other parties who require such information to assist us to establish, maintain, and manage our business relationships with customers.

 

Nex-Tech Wireless may let you take advantage of services and products offered by other companies. In those cases, information about you received by those third parties will be managed by those third parties. For example, if you use your phone and roam on the network of another carrier, your usage information and the numbers you dial will be available to the company providing that service. Also, when you purchase a product from a third party through a Nex-Tech Wireless service, you may provide personal information to that entity and some information may automatically be passed to that entity.

 

3.     Certain business transfers

Customer personal information may be transferred as part of various business transactions, such as mergers and acquisitions, insolvency, bankruptcy or receivership, in support of the transaction.

 

4.     Protection of Nex-Tech Wireless and others

We release personal information, other account information, and possibly location information (as discussed below in 5. Location-based Services) when we believe release is appropriate to comply with the law (e.g., subpoenas, court orders, E911 information); to enforce or apply our customer agreements; to initiate, render, bill, and collect for services; or to protect Nex-Tech Wireless’s rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical harm to any person requires disclosure of communications or justifies disclosure of records to a governmental entity without delay.

 

5.     Location-based Services

It is important to note, that whenever your mobile device is on, the network knows its general location.  If Nex-Tech Wireless provides wireless location-based services that use your wireless network location, customers should be mindful that providing their location is necessary to be able to provide these services, and that it is solely at the customer’s discretion to subscribe to location-based services.

 

It is important to note, if you let others use location-based services to which they have subscribed as the account holder (or if you let others use your handset if such handset has location tracking capabilities), it is your responsibility to inform that user that his or her location may be tracked.

 

When you dial 911 for emergency services, we may provide your network location to an emergency medical service provider or emergency dispatch provider, public safety answering point, or other emergency services provider. The law also permits us to disclose the location of a device on our network without a user’s consent to managers or providers of information services solely for the purposes of assisting in the delivery of emergency services in response to an emergency, or to emergency service providers in order to respond to the user’s call for emergency services.

 

How does Nex-Tech Wireless support the Children’s Online Privacy Protection Act (COPPA)?

Nex-Tech Wireless does not intend for its products or services to collect personal information from children under the age of 13 years. We believe that parents should supervise their children’s on-line activities to ensure that no information is collected from a child under the age of 13 years without parental permission. If a child under the age of 13 years has provided personal information without the consent of a parent or guardian, that parent or guardian should contact us if they wish that information be deleted from our records. Additionally, we understand that wireless devices and services purchased for family use may be used by minors without the knowledge of Nex-Tech Wireless; if that happens, any information collected from the usage will appear to be the personal information of the actual adult customer and will be treated as such by Nex-Tech Wireless.

 

How secure is my information?

Nex-Tech Wireless maintains a variety of physical, technical, and procedural safeguards to guard your personal information. We have security measures in place to protect against the loss, misuse, and alteration of information under our control.

 

We limit access to personal information to those employees, contractors, consultants, and other parties who require such information to assist us with establishing, maintaining, and managing our business relationship with our customers. These parties may provide services to us or on our behalf or they may collaborate with Nex-Tech Wireless in providing services to our customers.

 

What about links to other websites?

Many Nex-Tech Wireless websites, including wireless (WAP) websites, contain links to other websites that are not owned, operated, or otherwise controlled by Nex-Tech Wireless. You should be aware that we have no control over the security of such other sites on the Internet you visit, interact with, or from which you may buy products or services. Nex-Tech Wireless is not responsible for content or privacy policies of other sites. You should keep this in mind when accessing sites through links on Nex-Tech Wireless’s website.

 

What are value-added services?

Because we appreciate the trust you have placed in us, we continually look for ways to enhance our business relationship. So from time to time, we may let you know about a product or service. We may inform you about products and services by email, short text messages, telemarketing, and direct mail. Using the information you have provided to us, we strive to limit our offers to those we think you would appreciate receiving. We want every contact you have with us to be a positive experience. So if you would prefer not to receive these value-added services, offers and opportunities, just contact us.

 

Will this privacy policy be updated in the future?

At Nex-Tech Wireless we will constantly strive to improve the services we may offer, and may update this privacy policy from time to time in connection with that effort. You should refer back to this page often for the latest information.

 

How can I contact Nex-Tech Wireless?

If you have any questions, comments or concerns about Nex-Tech Wireless's Privacy Policy, please contact OfficeofPrivacy@ntwls.com. If you have questions about your account, your service, our products, etc., please contact a Customer Care Representative at 877-621-2600 or by dialing 611 from your Nex-Tech Wireless phone.

 

Do Not Call Registry

Are you receiving unsolicited phone calls on your NTW mobile device? You have the right, under federal law, to avoid unwanted telephone solicitations from telemarketers. In implementing the law, the federal government in concert with state governments, has established a national Do-No-Call Database that telemarketers are obligated to honor.

If you wish to register your telephone number in the Do-Not-Call Database, you may do so by phone (you must call from the phone whose number you wish to register) by calling 1-888-382-1222 or over the Internet at www.donotcall.gov.

There is no charge for registering your phone number and the registration will not expire. Once your number is registered, telemarketers have up to 31 days before they stop calling you.

Registration may not eliminate all unwanted calls since political organizations, charities and organizations conducting bona fide telephone surveys are exempt from the law. If at any time, you wish to revoke your registration you will need to call the number above from the phone whose number you wish to remove from the database. 

 

 Account Access Roles

Nex-Tech Wireless provides three different levels of online access to help you manage your account online. Below is an overview of each role. The chart following the overview of roles will show a list of functions that are available to each.

Account Holder/Owner

The Account Holder/Owner is the person financially responsible for the account. This role has complete access to all of the information and can manage all devices on the account.  Only one device or mobile number per account is eligible to register as an Account Holder/Owner.

Authorized Contact

The Authorized Contact must be assigned by the Account Holder/Owner. This role has access to account information and can manage all lines of service on the account.

User/Account Member

The User/Account Member is a user on the Account Holder/Owner’s account. This role has access to certain individual device information and functions, but does not have the access to sensitive billing information. All device and/or mobile numbers are eligible to register as a User/Account Member.

ROLE ACCESS PRIVILEGES

Account Holder

Authorized Contact

User/Account Member

Assign Authorized Contacts

 X

 

 

Change Billing Password

 X

 

 

Must Be 18 Years of Age

 X  X

 

Upgrade all Devices on Account

 X  X

 

Add a New line of Service

 X  X

 

Make Plan Changes and Manage Data

 X  X

 

Make Changes to Address, Contact Number and Email Address

 X  X

 

View Bill

 X  X

 

Enroll in Paperless Billing

 X  X

 

Set-up Recurring Payments

 X  X

 

Issue Phone Guard Claim

 X  X

 

Make One-time Payments

 X  X  X

Change/Reset Voicemail Password

 X  X  X

 

Terms and Conditions of Customer Agreement

 

(May also be referred as Terms & Conditions in Nex-Tech Wireless Documents)

Thank you for choosing Nex-Tech Wireless.  The Customer Agreement includes the terms in this document together with the terms associated with the Services you select (as described in our marketing materials, e.g., service plan brochures, or on our website).  In this document Nex-Tech Wireless uses the words “we”, “us”, “our”, “Nex-Tech Wireless”, or “NTW” to refer to Nex-Tech Wireless, LLC and its affiliates doing business as Nex-Tech Wireless.  This Customer Agreement covers the terms on which we agree to provide you and you agree to accept any service or product we make available to you, including your wireless services, wireless devices, etc. (collectively “Service”).

Accepting the Customer Agreement:

You accept this Agreement when you do any of the following: (a) provide your written or electronic signature; (b) accept through an oral or electronic statement; (c) attempt to or in any way use any of the Services; (d) pay for any Services; or (e) open any materials or package that says you are accepting when you open it. You represent that you are at least 18 years old and are legally able to accept an agreement. If you are accepting for an organization, you are representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting you are agreeing to every provision of this Agreement whether or not you have read it.

Authorized User:

You can appoint someone to manage your account. The person you appoint, known as an Authorized User, will be able to make changes to your account, including adding and/or disconnecting lines of Service, buying new wireless devices, and extending your contract term, make payments on the account, view information on the account, etc. You are responsible for any account changes and/or purchases made by any Authorized User.    

 

Eligibility and Use of Service:

You are eligible for Service only if you or your employer has a billing address within the Nex-Tech Wireless licensed markets. The customer address or business address for business accounts (not the billing address if different) will be deemed to be the primary place of use of Service for all devices on this account for purposes of calculating certain taxes, surcharges and fees. You agree to inform us of any changes in your customer address or business address for business accounts which must always be within Nex-Tech Wireless’s licensed markets.  NTW may terminate service if a customer uses more than 50% of their usage (voice or data) while roaming off the Nex-Tech Wireless Network.

Service is furnished for your use only; you may not resell Service to third parties. You may not use the Service for any unlawful, improper, harassing or abusive purpose or in such a way that interferes with Nex-Tech Wireless’s network, business operations employees, or customers. NTW may, in its sole discretion, block access to certain categories of numbers. We may periodically, without notice, remotely change or update your wireless device software, applications or programming. This process may affect or erase any data you have stored on the device or any personalized settings.

Credit and Deposits:

You authorize NTW to access your credit report to determine your credit worthiness prior to activating service. NTW may, at its sole discretion, require an applicant to make a suitable deposit with NTW to be held as a guarantee of the payment of charges for Service.  Such deposit may vary or be adjusted from time to time depending upon your credit history or the level of Service available to you. Deposits will be credited to your account after a minimum of 12 consecutive months of satisfactory payment history. NTW may apply deposits or payments to any charges you owe us on any account.  You authorize consumer reporting agencies to periodically furnish NTW with your consumer report. You authorize NTW to periodically disclose your account information and payment history to consumer reporting agencies.  Upon termination of Service, any deposit will be applied to pay any charges then or thereafter due, and any excess will be refunded within seventy-five (75) days after termination to you at your last known address.  The fact that a deposit has been made does not relieve you from prompt payment of bills nor does it constitute a waiver of the provisions of the Agreement allowing suspension of Service and/or termination for nonpayment of any sums due.  Disputes regarding past credit reporting must be sent in writing via certified mail.

Activation, Terms, and Termination:

An Activation Fee will apply to all new activations and upgrades. The terms of this Agreement will commence on the Service Activation Date and continue until termination in the following manner:  

  1. You select a plan with a fixed term longer than one month, the initial term of this Agreement shall continue for the number of full months or years applicable to the plan selected. After the fixed term, this Agreement shall be renewed automatically for successive one-month intervals. You acknowledge that you will be charged a special rate in exchange for subscribing for a fixed term. Except as otherwise provided in this contract or by law, if you or NTW terminates this Agreement prior to the end of the fixed term, you agree to pay NTW (in addition to other amounts then owing under this or any other agreement) a cancellation fee of $100-$350 (smartphone users will pay $350 if the contract is terminated in the first 12 months or $175 if terminated in the second 12 months; non-smartphone users will pay $200 if contract is terminated in the first 12 months or $100 if terminated in the second 12 months) as liquidated damages due to the difficulty of determining the actual damages caused by the early termination of this Agreement. You may modify your plan upon oral or written notice to NTW subject to the terms of the contract. You or NTW may terminate this Agreement upon delivery of notice oral or written at any time and for any reason. Termination fees shall not apply to the NTW Freedom Installment program.
  2. You will be charged a collection fee if your account is referred to a third party agency for collection. The collection fee will be assessed up to the maximum amount permitted by law.

C:  The mobile number(s) monthly access plan and other features may be modified by the mutual agreement of the parties from time to time. In addition, NTW may unilaterally change you to a more favorable rate plan. You may terminate any optional third party service or this Agreement in the event of modifications not at the discretion of NTW, subject to the damages payable under paragraph A.

  1. We may discontinue Service without prior notice to you if you breach any representations you made to us in this Agreement, fail to perform any of your obligations set forth in this Agreement or in any other agreement between you and us, or use the Service in any abusive manner or in any way that damages or interferes with us. NTW shall have the right to modify Service to restrict or prevent access to roaming and long distance services or to suspend Service, all without notice, or to terminate this Agreement. In any case you shall remain liable for the payment of all charges incurred under this Agreement, including the monthly service charge and damages payable under paragraph A. above through the date of termination. In the event of your default, you will reimburse us for attorney and expert witness fees, costs of investigation, collection and similar expenses incurred by us in the enforcement of any right or privilege hereunder. If this Service is terminated because of your default, we may keep any charges or sums prepaid by you upon termination. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law. Further, you may be subject to reactivation charges if Service is suspended or terminated and subsequently reconnected.
  2. If you are “hotlined” for late payment, NTW may at its sole discretion assess a “reconnect fee” per phone, to the customer’s past due balance each time the account is “hotlined”. This fee along with the past due balance must be paid prior to reactivation of Service.
  3. If Service is disconnected for any reason within the initial 24 months, you understand that you will be charged back for any signing bonus received, and any other promotional offers, in addition to the fee for early termination of the contract ($100 - $350 dependent upon phone and time completed of contract) if applicable.

Payment of Charges:

You are responsible for payment of all charges for Service furnished together with usage and third party charges (which are in addition to regular monthly service charges).  Payments are delinquent if not received by NTW by the due date shown on the monthly invoice. Charges are based on the amount of time used or data sent or received, we will round up any fraction to the next full minute or kilobyte. For calls usage time starts when you press SEND or connect to the network and ends when you press END. Usage charges are billed at the end of each billing cycle, with monthly service charges prorated in the event of activation, termination or expiration of this Agreement on a day other than the last day of the billing cycle. For Postpaid Service, usage cannot always be processed right away and may be included in a later bill, the usage will count towards your allowance for the current usage period.

You agree that:

  1. Payments must be made by the due date.
  2. In the event your payment is not posted to your account by the due date, you shall pay NTW a late payment fee of $5.00, of any amount not paid when due for every month the amount remains unpaid; provided such a charge is permitted according to any applicable tariff or law.
  3. You may, at the option of NTW and in accordance with tariffs, be charged a returned payment fee of $30.00 for any check or electronic transaction that is returned for insufficient funds.
  4. If we have agreed that you may pay for charges with a credit card account, we will charge amounts due to the credit card account at such time the charges are No additional notice, consent or authorization will be required for such credit card account charge. To the extent allowed by law, these authorizations are irrevocable.
  5. Questions about or objections to any charges must be in writing and must be received by us from you no later than thirty (30) days after the complaint arose or any objection shall be waived.

Government Taxes, Fees and Surcharges:

You agree to pay all taxes, surcharges and fees 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 which may increase or decrease on a monthly basis.

 

 

 

Telecom Connectivity Fee:

This fee is charged to all customers to recover costs incurred to comply with government required programs including wireless number portability, number pooling, and CALEA (Communications Assistance for Law Enforcement Act.)  This fee is not a government mandate tax or surcharge.

Lost or Stolen Equipment:

If your device is lost or stolen, please notify us immediately by calling 1-877-621-2600. You are responsible for all charges incurred before you notify us of the loss or theft.  You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use.

Changes to Relationship:

We may amend the Agreement at any time by providing notice to you. If we make Material Changes to the Agreement that you do not agree with, you may cancel your Agreement without incurring an ETF by notifying us within 30 days after notice to you of the change. “Material Changes” shall be only those changes that result in an increase to the rates that we charge you for services under your Price Plan as specified in your Service Agreement. Changes to charges permitted to be collected by any governmental authority (such as for the Universal Service Fund) or which pass through the expense of surcharges and taxes imposed on the Service or which relate to other Services for which you are under no term commitment as well as other non-monetary changes to the Terms and Conditions shall not constitute Material Changes to this Agreement. If you use the Service after the 30 day period, you agree to be bound by any Material Changes.

No Warranties:

EXCEPT TO THE EXTENT THAT NTW PROVIDES A WRITTEN LIMITED WARRANTY FOR SPECIFIC EQUIPMENT, NTW MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW. NTW IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INLCUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATOMOSPEHERIC CONDITIONS, OR ACTS OF GOD.  NTW DOES NOT MANUFACTURE EQUIPMENT OR SOFWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON NTW.

Access Number:

You have no property right or interest in your access number (your wireless telephone number), except for the limited purposes of wireless number portability. You may take or “port” your wireless phone number to another carrier. If you port a number from us, we will treat it as though you asked us to cancel your Service for that number. After the porting is completed, you won’t be able to use our service for that number, but you will remain responsible for all fees and charges through the end of that billing cycle. If you are a prepaid customer, you won’t be entitled to a refund of any balance on your account. If you port a number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. You don’t have any rights to your wireless phone number, except for any right you may have to port it.

Coverage:

Available coverage areas for Services are generally identified in our mapping brochure and at www.nex-techwireless.com. This may include coverage on our digital network (“the Nex-Tech Wireless Network”) as well as coverage we make available to you through agreements with other carriers (“off network” or “roaming” coverage). All coverage maps are high level representations of outdoor coverage and there are gaps in coverage within areas shown as covered on the maps. Coverage is not available everywhere, nor can we guarantee you will receive coverage at all times, or without interruptions or delays (e.g., dropped calls, blocked calls, etc.) in the coverage areas we identify.  Actual coverage and quality of Services may be affected by conditions within or beyond our control, including network problems, software, signal strength, your equipment, structures (including buildings in which you may be located), and atmospheric, geographic, or topographical conditions.

Roaming Coverage:

Roaming coverage is only available with certain devices and, unless included as part of your Services, will result in additional charges. Roaming calls placed “manually” (through an operator or with a credit card) will always incur separate and additional charges.  Depending on your phone setting, you may automatically roam if there is a gap or interruption in coverage within the Nex-Tech Wireless Network coverage area and roaming coverage areas. See your phone guide for how to adjust phone settings. Certain features and services may not be available in roaming coverage areas (including data services, messaging services, voicemail, call waiting, call forwarding, etc.).

Assignment:

Nex-Tech Wireless may assign this Agreement without notice to you. You may assign this Agreement only with NTW’s consent.

Binding Arbitration:

  1. Right to Elect to Arbitrate:

We (including our assignees, agents, employees, officers, directors, shareholders, parent companies, subsidiaries, affiliates, predecessors and successors) or you may elect to have any claim, dispute or controversy (“Claim”) of any kind (whether in contract, tort, or otherwise) arising out of or relating to your Service or this Agreement (including any renewals or extensions), any goods or services provided to you, any billing disputes between you and us, or any prior or future dealings between you and us resolved by binding arbitration. A Claim may include, but shall not be limited to, the issue of whether any particular Claim must be submitted to arbitration, or the facts and circumstances involved with your signing of this Agreement, or your willingness to abide by the terms of this Agreement or the validity of this Agreement. Any such election may be made at any time. The filing of a lawsuit or the pursuit of self-help remedies does not mean that either party has waived the right to subsequently elect to submit a Claim to arbitration. If either party gives written notice electing arbitration, the arbitration must be commenced within 60 days thereafter.

 

  1. Rules:

If arbitration is elected, it will be conducted pursuant to the Wireless Industry Arbitration Rules of the American Arbitration Association (“Rules”). If you have any questions concerning the American Arbitration Association or if you wish to obtain a copy of the Rules and pertinent forms, you may call (800-778-7879) or visit its website at www.adr.org. Judgment upon the award issued by the arbitrator may be entered in any court having jurisdiction.

 

  1. United States Arbitration Act:

The parties agree that this Agreement involves “commerce” as defined in the United States Arbitration Act (“USAA”), Title 9, United States Code, and this Agreement shall be governed by the provisions of the USAA.

 

 

 

  1. Fees and Costs:

We agree to pay the initial filing fee and the costs of the arbitration proceeding, except that you are responsible for the first $75 of the initial filing fee if you initiate the arbitration. Each party shall be responsible for its own attorney, witness, and expert fees and costs.

 

  1. Limitation of Rights:

If arbitration is elected by either party under this Agreement:

  1. You will not have the right to go to court or to have a jury trial.
  2. You will not have the right to engage in pre-arbitration discovery except as provided in the Rules.
  3. You will not have the right to have any claim arbitrated as a class action under the Rules or under any other rules of civil procedure.
  4. The decision by the arbitrator(s) will be final and binding with very limited rights to appeal.

This Agreement supersedes any prior alternative dispute resolution and/or arbitration agreement that may exist between you and us.  If any provision of the Agreement is held to be invalid, the invalid provision shall not affect the enforcement of any other provision of this Agreement.

MUTUAL WAIVERS AND LIMITATIONS ON LIABILITY:

BY ENTERING INTO THIS AGREEMENT YOU AND WE ARE WAIVING IMPORTANT RIGHTS. YOU AGREE OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING, BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR PRODUCT LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE US. LIKEWISE, WE AGREE YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY IS LIMTED TO CHARGES YOU OWE US. ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR DEVICE. NEITHER OF US CAN RECOVER PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES COULD HAVE BEEN FORSEEN BY EITHER OF US. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENT, TRADEMARKS, OR TRADE SECRETS OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE OR DEVICE, SERVICE OR ACCESS NUMBER.

Privacy Policy:

Nex-Tech Wireless strives to protect the privacy and intellectual property rights of our customers. We may collect, process and share personal information about you or your account consistent with our privacy policy, available at www.nex-techwireless.com, without further specific notice to you. You can also view Nex-Tech Wireless’s terms of use policies at www.nex-techwireless.com. You authorize and consent to allow Nex-Tech Wireless and/or its third party collection agencies to contact you regarding your account status. Such contact may be made by live persons, or pre-recorded messages to any mailing address, telephone number, wireless telephone number, e-mail address or any other electronic address that you provide. You agree that such contact may be made by an automatic telephone dialing system, automatic e-mail system or any other automatic messaging system.

Directory Information:

NTW does not publish directories of our customers’ wireless telephone numbers nor do we provide our customers’ wireless telephone numbers to third parties for publication in directories.