Terms and conditions

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Terms of Service Agreement

Introduction

These are your terms of service (“Terms of Service”) and apply to your CHT Global Mobility phones, hotspot units, data sticks, and accessories, as well as your use of CHT Global Mobility’s mobile services (“Services”). These Terms of Service apply to all of the Devices we sell and the Services we offer, including the rates, features and terms related to the call minutes, text messages and Internet data you use. Please read your Terms of Service carefully. Your Terms of Service become effective when you sign the service order form (SOF). When you accept these Terms of Service, you represent that you are at least 18 years of age. We may change our Terms of Service, including our prices, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service. Check our website (www.chtglobal.com/mobility) for our most recent Terms of Service. We will notify you in advance of any change to the Terms of Service. If you do not terminate your service within 30 days of receiving such notice, you agree to accept that change.  If there is a conflict between or among the documents referenced in this Agreement, the order of precedence is: 1) SOF; 2) Appendices and standard product-specific attachments; and 3) This Terms of Service.

Services

We provide mobile telecommunications services using the Nationwide Sprint® Network for use exclusively with Devices purchased from us. We cannot guarantee that a device not provided by CHT Global Mobility, or a CHT Global Mobility device that has been modified by you, will be compatible with the Nationwide Sprint® Network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Services you have purchased. If you alter or modify your Device in a way not authorized or recommended by your Device's manufacturer, you may lose functionality, and you may be required to purchase a new Device in order to restore service.

Monthly Access Fee

You will be billed for monthly access fee for each active device on your account within a billing period. Monthly Access Fee rates are available on our website. Your monthly access fee will be billed on the first day of the month. During the first month of activation, the monthly access fee will be prorated for the days remaining in that month.

Device Activation Fee

You will be billed for one-time (non-recurring) Device Activation Fees for each device activated (including re-activation) on your account. When you call in to activate, all devices within that purchase order must be activated at once.

Data Usage

Standard data rates for data usage apply when data is sent or received, whether it is read or viewed..

Additional Charges

We also may charge additional fees for specialized requests or services related to your account. We will always keep copies of our pricing information on our website.

Taxes and Surcharges

Stated prices for our services do not include taxes or regulatory fees. We charge state and local sales taxes on all purchases made through our website. Charges also may include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees. Taxes and regulatory fees are subject to change without notice.

Credit Approval

You must fill out a Credit Application Form provided by us. We may require a security deposit if we determine your financial or business circumstances or payment history is unacceptable or we have reason to believe that you are or may become insolvent.

Payment Procedure

We will invoice you monthly for all charges. Invoices are due and payable thirty (30) days from the invoice date. Undisputed charges that you fail to pay within thirty (30) days from the invoice date are subject to interest from the invoice date at the maximum rate allowed by law, not to exceed 1.5% per month.

Disputed Charges

If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. You can contact us using the methods indicated on our website. If you do not notify us with 30 days after the date you receive the invoice, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund or provide other compensation to you. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings.

Third Party Charges

We are not liable for any charges for products or services provided by third parties through and for use on our Devices and network, including for certain applications ("Apps") and services provided by Apps you download to your Device. You must contact the third party directly for any unauthorized or disputed charges.

Refunds and Returns

Activation Fees, Monthly Access Fees, data usage charges and device purchases are non-refundable and non-returnable.

Lost or Stolen Device

If your Device is lost or stolen, you are responsible for charges incurred until you notify us of the loss. Upon receiving notice that your Device is lost or stolen, we will suspend that Device.

Acceptable Uses

You agree not to use our services in any way that is illegal, fraudulent, threatening or abusive, as we determine in our sole discretion. You may not use your phone or device, or our service, for any illegal purpose, including harassing, threatening, abuse, defame or slander any individual or entity. You may not use our service in a manner that interferes with another customer's use of our service or the underlying infrastructure of the Nationwide Sprint® Network. You are legally and financially responsible for all data activity to and from your Device, regardless of who initiates the activity.

Unsolicited Messages

If you intentionally send spam from your Device, we may terminate your service without further notice. If we terminate your service, your account will be deactivated and you will still be liable for charges prior to the termination.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.

Internet Content

Some content you attempt to access on your Device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the Terms of Service, you should store photographs and other information permanently by using another means. Downloaded or created content on your Device may expire or be deleted unless you otherwise arrange for its retention and/or preservation. You are responsible for the content you access on your Device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Device with minors.

Use of Applications

Not all applications will work on all of our Devices, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications.

Safety and Security

Use your Device in a safe manner that does not create a risk to your safety or the safety of others around you. Always use your Device in accordance with all applicable laws and regulations.

Use of Your Customer Information

When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, which is "Customer Proprietary Network Information" ("CPNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. We will not intentionally share your personal information without your permission.

Law Enforcement

We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

Dispute Resolution

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.

No Trial by Jury

If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

Limitation of Liability

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Devices and Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.

Warranties

All new devices purchased from CHT Global Mobility come with a one-year manufacturer warranty from the original date of sale, not date of activation. If your device is defective, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it. or give us a call at 1-888-998-1898 to see if it's eligible for a warranty replacement. If eligible, we will replace the defective device with a new or refurbished device of the same or comparable model at our discretion. Other than the one-year manufacturer warranty, all devices are non-refundable and non-returnable. Our conditions for a warranty claim are as follows:

·          Your warranty only covers defects in materials or workmanship.  It does not cover defects arising from damage or normal wear-and-tear or aging.

·          The warranty covers issues such as: software-related issues, activation problems, etc.

·          The warranty does not cover issues like: diminishing battery life, scratches, accidental damages, coverage issues, or software incompatibility/problems with 3rd-party apps.

·          Attempting to 'root' or otherwise 'mod' your phone will void its warranty.

·          Visible physical damage to your Device (e.g. liquid damage, cracked LCD, damaged housing) will void its warranty.

·          You must return the defective device back to us  using the method instructed by our customer service team.

·          If your device is defective within the first 14 days from original date of sale:

   §  We will send you the replacement device immediately once we determine your device is eligible for a warranty replacement.

   §  Your defective device must be received at our warehouse within 14 days of when the replacement is shipped.

§   If the original isn't received within 14 days, we'll assume you wanted to keep both devices and will charge you for the replacement and express shipping fees, if applicable.

·        If your device is defective after the first 14 days from original date of sale:

§   Your defective device must be received at our warehouse before we send you the replacement device.

·        You must return the original box and all accessories  (charger, cables, manual, etc.) with the defective device. If not all items are returned, we will charge you the full retail price of the device.

·        Your defective device must be returned in good condition.

·        If the device is determined to have some type of damage that voids its warranty (e.g. liquid damage, 'modded' OS, etc.), we may charge a nonrefundable damage fee at our discretion.

·        Depending on the extent of the damage, this fee may be up to the full retail price of the device.

·        You will not receive the damaged device back - we will dispose of it on your behalf.

Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions are as follows:

·        The limits of what we provide above relate to the device itself. We are not responsible for lost data or the time that you were without a device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your device, the loss of your data, or the time you were without your device.

·        We do not warrant any device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, CHT GLOBAL MOBILITY IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULCHT GLOBAL MOBILITY FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We do not manufacture our Devices. The only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Indemnification

You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California.

Notices

You may notify us by electronic mail or standard mail. Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554.

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our Devices, software, and any underlying information accessed or transferred by you using our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any our Devices or software to any foreign country. Any information transferred by you using our services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.

Trademarks and Licenses

The CHT Global Mobility name and logo are registered trademarks of Chunghwa Telecom Global, Inc.

Effective as of February 24, 2014.