THE FOLLOWING TERMS AND CONDITIONS SPECIFY THE AGREEMENT BETWEEN YOU, THE CUSTOMER, AND CAMPUSTVs, INC., DBA CAMPUSSIMs, FOR THE ACTIVATION, PURCHASE, AND USE OF CELL PHONE VOICE AND DATA SERVICES. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING THE SERVICES AND YOUR RIGHTS AND LIMITIATIONS, INCLUDING, BUT NOT LIMITED TO, LIMITATION OF SERVICES, WARRANTY LIMITATION, LIABILITY LIMITATION, YOUR AGREEMENT TO AN ARBITRATION CLAUSE WHICH MEANS THAT YOU WILL NOT BE ABLE TO FILE A LAWSUIT AGAINST CAMPUSSIMs, YOUR AGREEMENT TO WAIVE ANY RIGHT YOU MAY HAVE TO A JURY TRIAL, YOUR AGREEMENT NOT TO FILE OR BE A PARTY TO A CLASS ACTION LAWSUIT, AND YOUR AGREEMENT AS TO THE JURISDICTION OR LOCATION OF ANY ARBITRATION PROCEEDING.
Terms and Conditions: 2015
This Agreement is made by and between CampusTVs, Inc. doing business as campusSIMs (hereinafter referred to as "campusSIMs") and the individual specified on the order form for the purchase of the cell phone data plan services selected on the campusSIMs website (hereinafter referred to as the "Customer"). The Customer hereby agrees to activate the SIMs Card and obtain and purchase cell phone data services as specified in the cell phone data services plan selected by Customer on the campusSIMs website and in this Agreement (hereinafter referred to as the "Services"), from campusSIMs for the period specified in the plan, according to the following terms:
1. SERVICE TERM: The term of the Services will be from the date campusSIMs activates Customer Services and continue for recurring thirty (30) day periods as specified in Section 3 below until the effective date of the termination of the Services by Customer or campusSIMs pursuant to this Agreement.
2. ACTIVATION AND PURCHASE OF SERVICES: To obtain and purchase Services, Customer must obtain a SIMs Card from campusSIMs and activate the SIMs Card by selecting and purchasing a data service plan on the campusSIMs website. The SIMs Card can only be used with cell phones with GSM technologies. To activate, Customer must have a cell phone that is compatible to use the SIMs Card provided by campusSIMs. If compatible, the SIMs Card can be used in Customer's current cell phone. Customer must reside permanently or temporarily in a campusSIMs activation area as specified on its website to be eligible for the Services. campusSIMs may terminate the Services and this Agreement if Customer no longer resides permanently or temporarily in a campusSIMs activation zone. If Services are activated and purchased by Customer, campusSIMs will provide Customer with a new cell phone number, which shall remain the property of campusSIMs or its underlying carrier. campusSIMs may change Customer's phone number at any time in its sole discretion. Customer represents that they are at least 18 years old and legally authorized to enter into this Agreement.
3. SERVICES FEES, CHARGES, AND SURCHARGES: Customer agrees to pay the fees and charges as specified in the data service plan selected by the Customer on the campusSIMs' website for the Services for each thirty (30) day period that the Customer obtains Services from campusSIMs and any additional pre-paid voice minutes, text messaging units, or data bytes, kilobytes, megabytes, and gigabytes purchased by Customer. Data service plan fees and charges are for a recurring thirty (30) day periods and provide a limited number of voice, data, and text messaging minutes, units, or bytes, kilobytes, megabytes, and gigabytes based on the data service plan selected and purchased by Customer. Once Customer has used their limit of voice minutes, text messaging units, and/or data bytes, kilobytes, megabytes, and gigabytes usage limits during a thirty (30) day period, Customer will no longer be able to send or receive voice calls and/or data and text messages unless the Customer purchases additional pre-paid minutes for voice communication, units for text messaging, and/or bytes, kilobytes, megabytes, and gigabytes for data from campusSIMs during the thirty (30) day period. Based upon the time of day Customer activates and purchases Services, the thirty (30) day data service plan period may not consist of thirty (30) full 24 hour days. The data service plan and Services will automatically be renewed for additional thirty (30) day periods until terminated by Customer or campusSIMs. The fees and charges are exclusive of federal, state, or local sales or other taxes; federal, state, and local regulatory fees and taxes; and surcharges. Customer agrees to pay any applicable sales or other taxes, regulatory fees and taxes, and surcharges to campusSIMs. The fees and charges for services specified in the cell phone data plan selected by Customer are for domestic cell phone calls and data services only. The Services do not include or allow international calls or data and text messaging. campusSIMs can change the rates, fees, charges, and surcharges for the Services at any time in its sole discretion upon notice to Customer. Customer will pay fees and charges, including any applicable federal, state,or local sales or other taxes, regulatory fees or taxes, and/or surcharges. Customer will be automatically billed for the fixed rates, fees, and charges and any additional usage or other charges or fees per the data Service plan for services selected by the Customer, along with applicable federal, state, or local sales, or other taxes, regulatory fees and taxes, and/or surcharges, for recurring thirty (30) day period until terminated by Customer or campusSIMs.
Chargeable time begins for outgoing calls when Customer presses SEND (or similar key) and for incoming calls when a signal connection from the caller is established with campusSIMs or underlying carrier's facilities. Chargeable time ends after Customer presses END (or similar key), but not until Customer's wireless telephone's signal of call disconnect is received by campusSIMs or underlying carrier's facilities and the call disconnect signal has been confirmed. Voice communication usage is calculated by the full minute and usage time is rounded up to the next minute. Text messaging is measured by the unit — the number of text messages send or received with each text message equaling one unit. Data usage is measured in bytes, kilobytes, megabytes, and gigabytes — not in minutes/time. 1024 bytes equals 1 kilobyte ("KB"), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so Customer will be charged at least 1 KB for each data usage session. Rounding occurs at the end of each data session and sometimes during a data session. Based on the data service plan selected by Customer, usage will be charged against an allowance per KB, and Customer is subject to limitations on the amount of data usage.
All charges and fees are payable in advance of the thirty (30) day period the Services are provided by credit card and/or debit card, except for any additional service usage fees and charges which will be payable at the time of purchase. Customer agrees that campusSIMs may bill the credit card and/or debit card provided by Customer at the time of the selection of a data service plan for the Services for the initial thirty (30) day data service plan period, all thirty (30) day period data service plan automatic renewals, any additional voice minutes, text messaging units or bytes, kilobytes, megabytes, or gigabytes for data purchased, and other fees and charges for the Services. By clicking "Agree to Terms", Customer authorizes campusSIMs to charge the credit card and/or debit card Customer provided to campusSIMs at the time of the activation and purchasing of the Services on the campusSIMs website.
4. TERMINATION: Customer may terminate this Agreement and the Services at any time by going to the campusSIMs' website, such termination to be effective when campusSIMs processes the termination. campusSIMs may terminate this Agreement or the Services immediately at any time in its sole discretion. If the Agreement and Services are cancelled or terminated, Customer will not be entitled to any refund or proration of any fees and charges for Services previously paid by Customer. Customer will be charged for all thirty (30) day period and/or other fees and charges, including applicable sales tax or regulatory fees or taxes that are assessed prior to termination. campusSIMs may immediately terminate the Services and this Agreement without notice at any time for any reason in its sole discretion, including, but not limited to, the following:
campusSIMs' rights under this section are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel the Services and terminate this Agreement.
5. ACCOUNT FREEZE/SUSPENSION: Customer may temporarily freeze/suspend their account and the Services for up to a period of 120 days by selecting the option on the campusSIMs' website. Any charges and fees previously paid will not be refunded or prorated as a result of any freeze or suspension, even if a thirty (30) day data service plan period has just started. Customer agrees to pay a fee of $10.00 for every thirty (30) day period, or portion thereof, the account and Services are frozen/suspended. Upon reactivation of the Services by Customer, Customer agrees to pay new thirty (30) day data service plan period charges and fees for the Services. If Customer does not reactive their account within 120 days of freezing/suspending the account, the Services and this Agreement will be terminated. If Customer reactivates Services after the 120 day period, Customer will be provided with a new cell phone number.
6. SERVICES: campusSIMs will provide the following telecommunication and data services to Customer under the data service plan selected by Customer:
All of these services will be provided on underlying carrier's core U.S. network. Underlying carrier can be change at any time in the sole discretion of campusSIMs. Services can be changed at any time in the sole discretion of campusSIMs upon notice to Customer.
7. LIMITED NETWORK/COVERAGE: The data service plan network is limited in area and not available in all areas in the U.S. and is not available outside the U.S. campusSIMs does not represent or guarantee the availability of the wireless network and/or the Services and/or that the Services and/or wireless network will be uninterrupted, of high quality, or available in all areas or in any area at a particular time.The data service plan network and Services are available only in the geographic areas in the U.S covered by the underlying carrier's coverage network. Please refer to the coverage map on the campusSIMs website.
Services may be subject to certain device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
When outside campusSIMs' and its underlying carrier's coverage area, access will be limited to information and applications previously downloaded to or resident on your cell phone or device. Coverage areas vary between the underlying carrier's network technologies. See the coverage map at www.campusSIMs.com/coveragearea.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
8. LIMITATION OF USE: Customer will not send any short message service text message with up to 160 characters of 7- bit ASCII text or 140 bytes of data sent ("SMS") via the underlying carrier network that include characters other than those included in the then-current Short Message Peer-to-Peer ("SMPP") character set, designated by campusSIMs or its underlying carrier from time to time.
Customer will not assist, encourage or participate in any data, text, content and materials that contain any material that:
Customer may only send SMS to and from the SMS Short Codes obtained by campusSIMs or its underlying carrier from CTIA and provided by campusSIMs to underlying Carrier. Customer will only connect to the Internet Protocols ("IPs") and ports provided by campusSIMs and its underlying carrier.Customer will not change any service configurations unless Campus SIMs approves or requests the change (for example, switching ports or SMS Short Codes). campusSIMs and its underlying carrier will throttle Customer SMS so as not to exceed a rate of fifty (50) messages per second for each approved service, unless campusSIMs and Underlying Carrier otherwise mutually agree in writing to a different throttle rate.
9. ACCEPTABLE USE POLICY AND LIMITATION ON USAGE:
CAMPUSSIMs IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.
10. MISUSE OF SERVICES OR DEVICES: Customer agrees not to misuse the Services or any device, including: (a) reselling or rebilling campusSIMs or underlying carrier's service (except as expressly authorized by underlying carrier); (b) using the Services or device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying customer device; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) reselling underlying carrier devices for profit; or (f) assisting or facilitating anyone else in any of the above activities. Customer agrees not to install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted Radio Frequency ("RF") signal.
11. FRAUDULENT USAGE: Customer will not use or engage in any fraudulent usage with respect to the use of Services includes, but is not limited to, the following:
12. EMERGENCY CALLS: If Customer is in an area where their cell phone is searching for a wireless signal or there is no wireless signal or service, it is highly probable that a call to 911 will not go through. Do not rely solely on the Services and your cell phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
13. DISPUTE OF FEES, CHARGES, AND SURCHARGES: Customer must notify campusSIMs of any billing errors, discrepancies, or unauthorized use within seven (7) days of receipt of the bill and/or payment of fees, charges, and/or surcharges for the Services, whichever is earlier. If Customer does not notify campusSIMs within the seven (7) day period, Customer waives any right to dispute the charges, fees, and/or surcharges including in an arbitration proceeding.
California customers: Customer is not liable for charges, fees, or usage that Customer did not authorize. However, the fact that Customer device or account was used is some evidence of authorization. Customer may request campusSIMs to investigate fees, charges, usage, and surcharges Customer believes were unauthorized. campusSIMs may ask Customer to provide information and Customer may submit information to support their request. If campusSIMs determines the charges, fees, usage, or surcharges were unauthorized, campusSIMs will credit Customer's account. If campusSIMs determines the charges and fees were authorized, we will inform you within thirty (30) days and Customer will remain responsible for the charges, fees, usage, or surcharges. If Customer does not agree with the outcome, Customer may file a complaint with the California Public Utilities Commission. Customer may have other legal rights. While an investigation is underway, Customer does not have to pay any charges, fees, usage, and surcharges that are in dispute and campusSIMs will not send the disputed amount to collection agency or file an adverse credit report about amount.
14. COLLECTION OF LOCATION BASED INFORMATION: campusSIMs and its underlying carrier tracks and collects information about Customer location as part the normal operation and usage of the Services. To be able to use the Services and make and receive wireless voice calls, data, and text messaging, Customer's cell phone needs to be in contact to and connected to a cell phone tower and global positioning system near customer location to receive and emit signals from the cell phone to the cell phone tower and vice versa. Location information and other usage and performance information are used to provide Services to Customer.
campusSIMs or underlying carrier may also use location information to create aggregate data from which Customer personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is Customer's responsibility to notify users on Customer's account that we may collect and use location information from devices.
Directory assistance service (411) may use the location of a device to deliver relevant customized 411 information based upon the user's request for a listing or other 411 service. By using this directory assistance service, the user is consenting to our use of that user's location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance service and for no other purpose. Such location information will be retained only as long as is necessary to provide the relevant customized 411 information and will be discarded after such use.
15. LOST OR STOLEN SIMS CARD OR CELL PHONE: Customer should notify campusSIMs immediately if their SIMs Card or cell phone is lost or stolen. If the SIMs Card or cell phone is lost or stolen, Customer will be liable for all thirty (30) day date service plan automatic renewal charges and fees until such notice. All fees and charges previously paid for Services will not be refunded or prorated. Customer will be liable for all calls, data, and text messaging usage, including the using up of fixed voice, data, or text messaging minutes or bytes that are part of a thirty (30) day data service plan, renewal of the plan, or any extra voice, data, or text messaging minutes or bytes purchased by Customer.
California customers: For Charges incurred before Customer notifies campusSIMs, Customer is not liable for charges, fees, or usage that Customer did not authorize. However, the fact that customer device or account was used is some evidence of authorization. Customer may request campusSIMs to investigate fees, charges, usage, and surcharges they believe were unauthorized. campusSIMs may ask Customer to provide information and Customer may submit information to support their request. If campusSIMs determines the charges, fees, or usage were unauthorized, campusSIMs will credit Customer's account. If campusSIMs determines the charges and fees were authorized, we will inform you within thirty (30) days and Customer will remain responsible for the charges, fees, or usage. If Customer does not agree with the outcome, Customer may file a complaint with the California Public Utilities Commission. Customer may have other legal rights. While an investigation is underway, Customer does not have to pay any charges, fees, usage, and surcharges that are in dispute and campusSIMs will not send the disputed amount to collection agency or file an adverse credit report about amount.
16. TAXES, FEES, CHARGES, AND SURCHARGES: Customer will be responsible for paying any federal, state, and/or local sales, use, property, or other taxes or fees and/or federal, state, or local regulatory fees or charges associated with the activation, obtaining, purchase, and/or use of the Services. Customer will be responsible for paying all Surcharges. Surcharges are not mandated by law; they are underlying carrier or campusSIMs charges that are collected and retained by underlying carrier or campusSIMs. The components and amounts of these charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes underlying carrier or campusSIMs incurs to provide Services (and are not government taxes or fees imposed directly on our customers that campusSIMs must collect by law). Examples include general and administrative fees (such as certain costs incurred to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not Customer benefits from the programs, activities or services included in the Surcharge. The surcharges can be found in either the "Taxes, Fees & Surcharges" or the "Other Charges" section of your bill.
17. INDEMNIFICATION BY CUSTOMER: CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS CAMPUSSIMs FOR ANY DAMAGE, CLAIM, LOSS, OR PERSONAL INJURY, INCLUDING DEATH OR VEHICULAR DAMAGE, THAT MAY BE CAUSED THROUGH THE BREACH OF THIS AGREEMENT, VIOLATION OF ANY LAWS OR REGULATIONS, AND/OR THE PROVIDING AND/OR USE OF THE SERVICES BY CUSTOMER OR OTHER PERSON OR ENTITY.
18. NO WARRANTY: THE SERVICES ARE PROVIDED ON AN "AS IS AND "WITH ALL FAULTS" BASIS. CAMPUSSIMs MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES INCLUDUING SUITABLITY, ACCESS, ACCESSIBILTY, PRIVACY, SECURITY, PERFORMANCE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM UNAUTHORIZED ACCESS INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. CAMPUSSIMs SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES. THE ABOVE LIMITATIONS SHALL BE CONSTUED TO BE ENFORCEABLE TO THE FULLEST EXTENT IN STATES WITH ANY SUCH LIMITATION(S).
19. LIMITATION OF LIABILITY: CAMPUSSIMs SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL THEORY, ARISING OUT OF THE FURNISHISHING, PERFORMANCE, OR USE OF THE SERVICES OR NON-PERFOMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INTERRUPTIONS, DELAYS, OR OUTAGES OF SERVICES, ERRORS, AND FAILURE OR DELAY IN CONNECTING A CALL TO 911 OR OTHER EMERGENCY SERVICE. SOME STATES DO NOT ALLOW DISCLAIMERS OR LIMITS ON DAMAGES AND REMEDIES FOR BREACH OF CONTRACT. THE ABOVE LIMITATIONS SHALL BE CONSTUED TO BE ENFORCEABLE TO THE FULLEST EXTENT IN STATES WITH ANY SUCH LIMITATION(S).
22. CLASS ACTION WAIVER: CUSTOMER AND CAMPUSSIMS AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE ACTION, OR AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT THE ARBITRATION PROVISON IS INVALID, CUSTOMER AND CAMPUSSIMS AGREE TO ONLY FILE A LAWSUIT IN COURT ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
23. GOVERNING LAW AND CHOICE OF LAW: This Agreement is subject to federal law, applicable federal or state tariffs, if any, and will be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to choice of law principles. If the above arbitration provision is determined to be unenforceable, in whole or in part, the sole jurisdiction and venue for any litigation arising out of this Agreement shall be in the United States District Court for the District of Massachusetts in Boston or an appropriate state court located in Middlesex County, Massachusetts.
24. NON-ASSIGNMENT: Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of campusSIMs.
25. FORCE MAJEURE: campusSIMs will not be liable for performance delays, or for non-performance, due to causes beyond its reasonable control.
26. MODIFICATION: This Agreement may not be modified without the written consent of the parties.
27. HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
28. WAIVER: No waiver or breach of any term or condition of this Agreement shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions of this Agreement operate as a waiver of such provision or any other provision in this Agreement.
29. SEVERABILITY: If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.