TERMS AND CONDITIONS OF SERVICE
These Cellular Terms and Conditions of Service, which are incorporated by reference in the Customer Service Agreement and/or Service Adjustment Agreement (“Agreement”) between the individual or organization (“Customer”) identified in the Agreement and Clarity Wireless LLC. (“Clarity Wireless”) for and on behalf of the cellular network operator (“licensee/MVNO”) licensed by the Federal Communications Commission to serve Customer’s primary service area, govern Customer’s use of Clarity Wireless cellular telephone and related wireless services. Depending on Customer’s primary service area, the Parties to the Agreement are the Customer and (d/b/a Clarity Wireless), Clarity Wireless may be contacted at: 195 W. Bolivar Street Vidor, Texas 77662, or by telephone at 1-877-870-8901. Customer represents that he/she is legally competent to enter into the Agreement, that he/she is over 18 years old, and that he/she is not aware of any disability that would prevent him/her from entering into the Agreement. In order to comply with the Children’s Online Privacy Act, Customer agrees not to permit children under the age of 13 to use services.
A. Clarity Wireless will provide Customer access to wireless services within the area effectively served by the licensee. The area effectively served is subject to transmission limitations caused by atmospheric and natural or artificial conditions and conditions generally beyond the control of Clarity Wireless, including the type and condition of Customer’s wireless equipment. B. Clarity Wireless requires the use of wireless equipment approved by Clarity Wireless or an Authorized Representative of Clarity Wireless to ensure that the equipment is fully compatible with the network and technology of Clarity Wireless. To be eligible to receive service from Clarity Wireless, the end user or Customer or both, must have their principal residence or principal place of business, as appropriate, of which there may be only one, within Clarity Wireless’s service territory and Clarity Wireless shall have the sole discretion and judgment to determine both who is the end user or Customer or both, and what is the principal residence or principal place of business, as appropriate, of each. C. Clarity Wireless prohibits any use of any of its network or services, or any associated Third Party Service, in a manner that Clarity Wireless, in its sole and absolute discretion, determines (i) is or will damage, interfere, interrupt, or negatively affect Clarity Wireless’s network or services or other networks, or others’ use of those resources, or (ii) is or will harm Clarity Wireless or a third party. Such circumstances include without limitation any use of Clarity Wireless’s network or services, including any Third Party Service: (iii) for any abusive, fraudulent, or unlawful purpose or in violation of any applicable law or agreement; (iv) to resell, lease, license, assign, allow access, or redistribute any Clarity Wireless services, in whole or in part, to any third party; (v) to establish any server inconsistent with residential use, including without limitation web, FTP, file, or game servers, or to run any other server applications; (vi) for any communication that consists of or includes malware, viruses, or distributed denial of service (DDOS) attacks; (vii) to transmit unsolicited bulk or commercial messages, commonly known as “spam”; and (viii) to use or distribute any material in a manner that is abusive or that violates a third party’s actual or claimed rights, including without limitation copyright, trademark, patent, trade secret, privacy, publicity, and other intellectual property or related rights. Clarity Wireless reserves the right at its sole discretion to immediately restrict, suspend, or terminate Customer’s services, in whole or in part and without notice, in the event of any such prohibited use. Customer is solely responsible for any use or misuse of Clarity Wireless’s network or services through Customer’s account, wireless equipment, or network, whether or not such activities or actions were authorized by Customer. D. Customer hereby acknowledges that all data and internet services are subject to, and hereby agrees to comply in all respects with the service limitations set forth in, Clarity Wireless’s Internet Service Policies and Disclosures, at claritywirelesstx.com/legal, which is hereby incorporated into this Agreement by reference. Customer understands that violating that policy can result in reduced data speeds, service suspension, or service termination. n. For “Overage Protection,” “Essential,” “Unlimited,” “Unlimited Advantage,” “By the Gig,” and “Business Unlimited - Data Only” service plan subscribers: data speeds will be reduced pursuant to the Internet Service Policies and Disclosures for all data usage above the data allotment associated with Customer’s plan. E. Customers who select the static IP address option (“Static IP”) may use the Static IP to host devices, applications, servers, or remote networks, provided that use of the Static IP complies with these terms and conditions. The Static IP is limited to use with a single device or network. Customer is solely responsible for providing equipment and devices compatible with the Static IP. If Customer violates any of these restrictions, Clarity Wireless reserves the right to immediately terminate Customer’s use of the Static IP without advance notice. The Static IP is provided on a month-to-month basis and may be cancelled by either party for convenience upon thirty (30) days written notice to the other party. F. Cellular Services - 5G/4G data is available on select devices only. Certain applications and features may not be available while using 5G/4G Data. Wireless services do not include use of 1-900 numbers, international or credit card calls. Nationwide/Roaming rates not available if equipment is used outside of the United States. Customers with voice plans that do not include unlimited minutes may use no more than 1000 minutes of airtime during any single billing cycle outside the service territory of Clarity Wireless; otherwise, Clarity Wireless may, immediately and without notice to Customer, limit the Customer’s airtime, change the Customer over to another price plan of Clarity Wireless, then in effect, or terminate the Customer’s voice services. In the event of excessive usage of voice services by Customer, as determined by Clarity Wireless in its sole and absolute discretion and judgment. Clarity Wireless may, immediately and without notice to the Customer, change the Customer over to another price plan for voice services, then in effect, or terminate the Customer’s voice services. G. The “Enterprise Essential” service plan is available only to Clarity Wireless Business Solutions customers who subscribe to a minimum of 18 lines of service under that service plan. Except where “Enterprise Essential” is specifically identified, the use of “Essential” in the Agreement and all associated documentation refers to both “Essential” and “Enterprise Essential” service plans. H. Home Internet Services - Clarity Wireless home internet services are provided for personal, family, and residential use only, within a single household. Customer agrees that only Customer and its authorized guests in the same household will use the home internet services. Clarity Wireless home internet services can be used for limited commercial purposes only if Clarity Wireless has been notified of and authorized such use. I. The “Business Unlimited - Data Only” service plan is available only to Clarity Wireless Business Solutions customers that are schools, and that are deemed eligible by Clarity Wireless in its sole discretion. Not available for service to any device other than MiFi devices approved by Clarity Wireless.
System access will be provided by means of a ten (10) digit telephone number. Clarity Wireless and the network service provider reserve the right to change any or all such numbers on not less than ten (10) days notice. Customer has no property right in the telephone number.
IV. INTERNATIONAL DIALING AND ROAMING:
Except as set forth herein, service plans do not include international dialing or international roaming services. When Customer is within the United States: (i) voice calls placed to international numbers are charged at rates available at www.claritywirelesstx.com/intlcalling; (ii) text messages sent to international numbers are $.25 per message, except such messages are without additional charge for Customers subscribed under a By the Gig service plan or an Essential, Unlimited, or Unlimited Advantage service plan launched on or after March 26, 2020; and (iii) text messages received from international numbers are without additional charge. Customer’s use of voice, text, or data services while outside the United States is subject to additional charges and is governed by a separate Service Addendum that must be executed by Customer.
A. Customer shall pay to Clarity Wireless the charges set forth in the Agreement for the plans and/or features selected, device and data usage fees appropriate for the rate plan(s) selected, overage charges, toll charges, nationwide/roaming charges, applicable taxes, and line item fees. Customer may be required to pay a $25 per-line activation fee upon the initiation of each new service line. Customer may also be required to pay a $25 fee upon the reactivation of an existing device or the purchase of a new device using a special purchasing option (either financed or subsidized). 24/36-month Contract: Although not required, access by customers using a smartphone obtained under a 24/36-Month Contract requires an additional $25 per line monthly access fee, unless Customer already completed the entire term of that contract. For the purposes of these Terms, “advanced connected device” includes tablets, connected car devices, Enterprise Mobile Broadband, Arlo cameras, and “basic connected device” includes Spartan cameras and wearables.VI.
A. Customer shall be invoiced on a monthly basis. Payment shall be due within fifteen (15) days after the invoice date. All amounts due, including disputed amounts, must be paid in full by the due date. B. If Customer has set up automatic payments with Clarity Wireless, Customer acknowledges and agrees that Clarity Wireless is authorized to automatically withdraw all owed payments, including all deposits, fees, termination fees, device payments, penalties, and finance charges, from the identified account(s). Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date. In the event an automatic payment fails or is rejected for any reason, Clarity Wireless reserves the right to reverse any associated promotional credit or discount and/or charge a processing fee. C. Notice of any disputes must be in writing and received by us at our address within forty-five (45) days after receipt of invoice or Customer will waive any objection. Payment will be deemed made when received by Clarity Wireless. Late payments shall be subject to a late payment charge calculated as the greater of $5 per month or 1.5% per month. Clarity Wireless may, at its sole option and without limiting any remedy under the law, disconnect Customer from service. Customer may then be required to pay a reconnection charge for service restoration. Customer shall be liable to Clarity Wireless for any and all costs and fees, including collection and actual attorneys’ fees, associated with the collection of service charges from Customer. D. Clarity Wireless may, at its sole discretion, offer non-standard payment arrangements. Clarity Wireless reserves the right to charge a processing fee to establish any such arrangement.
VII. FINANCED DEVICES
If Customer finances wireless equipment, Customer is subject to the following terms. A. Qualifying - A Customer that does not have an “A-level” credit rating, as defined by Clarity Wireless at its sole discretion, shall pay an additional $5.50 monthly finance charge per financed device. B. Equipment Payments – Customer shall, in addition to all monthly service charges, pay the full cost of the wireless equipment identified in the Agreement over the course of the payment period set forth in the Agreement (“Payment Period”) by making monthly payments as set forth in the Agreement. At any time after Customer’s first monthly device payment, Customer may elect to pay the full remaining cost of the wireless equipment identified in the Agreement. C. Automatic Payments - Customer will, at Clarity Wireless’s sole discretion, set up automatic payments for the full financed monthly cost of Customer’s device(s) and service plan(s) if Customer purchases a wireless device pursuant to a finance plan and: (i) the financing occurs at the time of service initiation; or (ii) Clarity Wireless determines Customer’s payment history in the most recent six months is not acceptable. Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date for the entire duration of time Customer owes Clarity Wireless any payments, including after the termination or expiration of the Agreement. Clarity Wireless shall notify Customer if at any time Customer’s automatic payment fails for any reason or is no longer in place. At Clarity Wireless’s sole discretion, if Customer fails to re-establish automatic payment within five days of Clarity Wireless sending such notification, Clarity Wireless may immediately suspend or terminate Customer’s wireless service. D. Upgrades – If Customer makes all consecutive payments in accordance with these terms for the first half of the applicable Payment Period, Customer may be eligible to exchange his or her eligible wireless equipment, as further described below, for new wireless equipment offered for sale by Clarity Wireless at the time of the exchange. In order to be eligible for the exchange, Customer’s wireless equipment must have been new when purchased from Clarity Wireless and must be in good working condition, as determined by Clarity Wireless at its sole discretion, and Customer must be a current Clarity Wireless subscriber at the time of the exchange. If Customer elects to exchange his or her wireless device, Customer shall not be obligated to make any further payments for the returned equipment. After the exchange, Customer shall pay the full cost of the new wireless equipment over a new payment period, as well as any necessary finance charge, in accordance with the terms above. The following wireless equipment is eligible for exchange as set forth above: (a) feature phones; (b) smart phones; (c) wearable devices, at Clarity Wireless’s sole judgement and discretion; and (d) tablets purchased prior to 7/1/21 that are not subject to a Service Adjustment Agreement signed after that date. Tablets purchased after 7/1/21 or which are subject to a Service Adjustment Agreement signed after that date are not eligible for exchange. E. Completed Payments – Upon Customer’s paying, by any method set forth above, the full cost of the wireless equipment identified on the Customer Agreement: (a) Customer shall no longer be obligated to pay a monthly device payment for that wireless equipment; (b) Customer shall no longer be obligated to pay any monthly finance charge that would have been associated with that monthly device payment; (c) Customer shall remain solely responsible for paying all monthly service charges related to Customer’s use of Clarity Wireless wireless services; (d) at Clarity Wireless's sole judgement and discretion, Customer may be eligible to trade in a wireless device paid for in this manner in exchange for a trade-in credit, the value of which will be determined by Clarity Wireless in its sole judgment and discretion; and (e) Customer may choose to finance a new wireless device pursuant to the terms set forth above. F. Limitations – Clarity Wireless may require higher down payment and/or limit the number of financed devices per line and per account based on its sole judgement and discretion, and based in part on its evaluation of Customer's credit rating.
VIII. SERVICE TERM AND RENEWAL
A. Except as set forth in 8(B), Customer shall receive wireless service on a month-to-month basis until terminated pursuant to Section 10. B. For Customers receiving service under a 24/36-Month Contract: In consideration for the Customer’s agreement to retain service from Clarity Wireless for a minimum term of twenty-four (24) or thirty-six (36) months (as set forth in the Agreement), Customer shall receive the discounted contract rate. After the completion of the initial term, Customer shall receive wireless service on a month-to-month basis until a Service Adjustment pursuant to Section 9 or a termination pursuant to Section 10. For Customers that wish to renew a 24/36-Month Contract for an additional 24/36-Month term: unless Clarity Wireless permits early renewal, in its sole discretion, the renewal term does not begin until the end of the existing 24- or 36-month contract term. Early renewal does not affect the duration of the existing contract term. C. Service provided on a month-to-month basis shall be provided on the terms, conditions, and rates then in effect for that service plan. Clarity Wireless may, at its sole discretion, modify rates and charges effective immediately upon any renewal of the Agreement, including if the renewal is automatic.
IX. SERVICE ADJUSTMENT
Customer may modify the wireless rates and charges applicable to the Customer’s wireless service, finance a new device through a 30-Month Payment Plan, or activate a new device on an existing line of service (each, a “Service Adjustment”) by executing a new Customer Service Agreement or Service Adjustment Agreement, or when a wearable device is activated through a wireless device associated with Customer's account. All Service Adjustments shall be subject to the following restrictions: (1) Not available to customers whose bill is not current. (Payment history will be considered). (2) Customer must choose a service plan available to new customers at the time of Service Adjustment, and they must meet all requirements of the chosen service plan (3) Customer in 24/36 month contract may be subject to early termination charges as set forth in 10(C) if Customer downgrades plan.
X. CANCELLATION AND TERMINATION
A. Service Cancellation - In the event Customer cancels a request for wireless service before equipment installation and network connections are completed, Customer shall be liable to Clarity Wireless or its agent for all labor costs associated with the installation of Customer’s access equipment and network connections, removal of Customer’s access equipment and network disconnections. If a deposit is required of Customer, all such costs and charges shall be deducted before any credit is issued to Customer. If at any time within forty-five (45) days after wireless service is established Customer terminates the Agreement, Customer will forfeit any deposit tendered by Customer to Clarity Wireless or its agents to secure wireless service as a setoff against the cost of service establishment. B. Except as set forth in 10(C), either party may terminate the Agreement for any reason upon giving notice to the other party. Termination by Customer must be made in writing to Clarity Wireless, effective on the date of receipt, unless a later date is specified in the notice. In the event Clarity Wireless is unable to locate Customer, notice to Customer will be deemed given on the date of mailing to Customer’s last known address. Customer acknowledges that any applicable Payment Period set forth in Section 7 and any applicable Subscription Payment Period set forth in Section 11 is in place only while Customer is a paying subscriber of Clarity Wireless wireless services. If Customer stops receiving wireless service from Clarity Wireless at any point for any reason during the Payment Period or Subscription Payment Period, the full balance owed for the remainder of that Payment Period or Subscription Payment Period shall become due immediately. C. For Customers receiving service under a 24/36-Month Contract: Customer acknowledges that the 24/36-month contract option provides a discounted rate and that early termination of the contract will result in financial damage to Clarity Wireless which would be difficult to calculate. In the event of early termination for any reason, Customer shall be liable to Clarity Wireless for: (i) the activation and renewal fee(s); (ii) the $150 early termination fee for feature phone, mobile broadband, and wireless broadband services, pro-rated by $4 per completed month of the plan; and (iii) the $325 early termination fee for smartphone services, pro-rated by $10 per completed month of the plan. D. In addition to and not in lieu of all remedies and all the damages provided for by this paragraph and by law, Clarity Wireless shall in no event be obligated to terminate any service plan earlier than thirty (30) calendar days following Customer’s request for such termination in writing. Clarity Wireless may, at its sole discretion, terminate the Agreement and wireless service at the end of any contract term without notice.
XI. THIRD-PARTY SERVICES
In connection with Customer’s use of the wireless services, Customer may access services, software, and applications (“Third Party Services”) provided by third parties (“Third Party Suppliers”). Third-Party Services may be subject to separate terms of service agreements (“Third Party Agreements”), and Customer hereby agrees to abide by any such agreements as a condition of Customer’s access to and use of Third Party Services. Except as provided in a Third Party Agreement, Third Party Suppliers: (i) make no warranties, either express or implied, concerning the Third Party Services; and (ii) shall not be liable to Customer for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunity, or loss of use. In the event a Third Party Supplier licenses the Third Party Services directly to Clarity Wireless, such Third Party Supplier is a third party beneficiary of the above terms and is entitled to enforce them as if it were a party to this Agreement. In the event Customer purchases a third-party service from Clarity Wireless with a subscription term obligation, Customer shall, in addition to all monthly service charges, pay the full cost of the selected service over the course of the subscription period (“Subscription Payment Period”). Clarity Wireless is not responsible and hereby disclaims all liability for Third Party Services, including where Clarity Wireless bills or otherwise supports such services.
XII. LIMITATION OF LIABILITY
Customer shall fully indemnify, release, and hold Clarity Wireless harmless from any and all losses, costs, liabilities, claims, injuries, damages, or expenses to Customer or any third party arising from or related to: (i) Customer’s breach of this Agreement or any Third Party Agreement; (ii) any Third-Party Service; (iii) interruptions caused by failure of equipment or services not provided by Clarity Wireless; (iv) failure of communications, power outages, or other interruption not within the complete control of Clarity Wireless; (v) performance deficiencies caused or created by Customer’s equipment or Customer’s configuration of equipment; (vi) any third-party’s use of or access to Customer’s wireless equipment, Clarity Wireless account, or wireless network; and (vii) changes in operation, procedures, or services that require modification of alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance. Customer is solely responsible for securing and protecting Customer’s network, wireless equipment, and any data stored therein, including as necessary to avoid abuse of Clarity Wireless’s network or services. Clarity Wireless’s performance under the Agreement shall be excused by labor difficulties, governmental orders, civil commotions, acts of God, or other conditions or circumstances beyond its reasonable control. Clarity Wireless shall not be liable to Customer if changes in operation, procedures, or services require modification or alteration of Customer’s equipment, render the same obsolete, or otherwise affect its performance. There shall be no credits, reductions, or setoff against the charges for service for downtime or interruption of service unless such service interruption exceeds twenty-four (24) hours in duration. Clarity Wireless shall provide Customer with a credit equal to 1/30 of the recurring monthly charge for service for each twenty-four (24) hour period from the time of notice of interruption until service restoration is provided Customer immediately notifies Clarity Wireless of the service interruptions. IN NO EVENT SHALL Clarity Wireless BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, AND LOSS OF DATA ARISING FROM OR RELATED TO Clarity Wireless’S SERVICES OR ANY THIRD PARTY SERVICES. Clarity Wireless MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR ANY THIRD PARTY SERVICES AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OF PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW. Clarity Wireless’s total aggregate liability under this Agreement under any theory of law shall be limited to the total amount paid to Clarity Wireless by Customer in the twelve months preceding assertion of the applicable claim(s).
The Agreement shall at all times be subject to change or modification required by the regulatory authority of the state in which service is provided, the Federal Communications Commission, or any other authorized governmental body and is specifically subject to any tariffs on file with the state regulatory authority.
XIV. SERVICE ORDERS
In the event that the Agreement is not executed by Customer, acceptance of service shall obligate Customer to the terms and conditions set forth herein. Customer may accept service in writing, orally, or electronically, by activating a wireless device, by opening a package that indicates you accept service by opening it, or by using Clarity Wireless’s wireless service.
Failure of either party to the Agreement to enforce any right shall not constitute a waiver of such right or of any other right, whether of a similar or dissimilar nature and shall not prohibit the exercise of the same right at a future date.
XVI. CONTROLLING DOCUMENT
The Terms and Conditions set forth in the Agreement supersede any others, including prior or contemporaneous representations of sales representatives or the personnel of Clarity Wireless whether oral or written. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
XVII. SECURITY AGREEMENT
For value received, Customer hereby sells, assigns, transfers, and grants a security interest to Clarity Wireless in and to the wireless equipment or device whose electronic serial number or mobile equipment identifier is identified in the Agreement. This Security Agreement is made as collateral security for all liabilities and obligations of all kinds of Customer to Clarity Wireless, whether created directly or acquired by Clarity Wireless by assignment or otherwise, whether now existing or hereafter acquired, absolute or contingent, joint or several, due or to become due.
XVIII. DEVICE PROTECTION
(if selected): The Clarity Protection Plan (CPP) is an optional program provided by AKKKO and Federal Warranty Service Corporation that repairs or replaces your device in the event of hardware service (out-of-warranty mechanical/electrical failure), accidental damage from handling, loss or theft. See the Device Protection Plan Summary of Coverage for more information regarding benefits, service fees/deductibles, exclusions and claim procedures. Upon enrollment, you will receive coverage documents that contain complete details. By electing coverage, you authorize Clarity Wireless to include the applicable monthly charge on your bill. You may cancel this coverage at any time by calling 1-800-928-2355. If you have questions about your coverage or need to file a claim visit mywirelessclaim or email contact@getAKKO.com.
XIX. RETURNS OR EXCHANGES
If for any reason a customer is not satisfied with equipment procured from Clarity Wireless, we offer a 14-day return program on new, undamaged equipment, for which no early termination fee is required. Phones and non-tablet data devices must not have more than 100 lifetime minutes of use in order to receive a refund or exchange. For manufacturer defects, the phone may be exchanged within fourteen (14) days regardless of minute usage. Returned equipment must be in new condition with all original items returned in the original packaging. Clarity Wireless, at its sole discretion, may impose a Restocking Fee on returns or exchanges as follows: (i) $40.00 for devices that Clarity Wireless sells at retail for $499.99 or less; (ii) $75.00 for devices that Clarity Wireless sells at retails for $500.00 or more. Clarity Wireless will exchange software and data kit accessories for the same product within fourteen (14) days of purchase only if there is visible damage existing at the time of purchase or product defects caused by the manufacturer. No returns are available on software or data kit accessories once the product has been opened and activated. For all returns or exchanges, Customer must present all of the following: (1) an original receipt of Customer’s purchase; (2) equipment and accessories in new condition in the original box or packaging with all included items such as accessories, attachments, manuals and other original contents; and (3) a valid government-issued photo ID, along with the original form of payment (if credit card was used to purchase). Equipment purchased at a Clarity Wireless Authorized Agent location must be returned to that location.
XX. DISPUTE RESOLUTION
Billing disputes must be initiated within forty-five (45) days of the Customer’s statement date. ANY CONTROVERSY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE INTERPRETATION OF THE AGREEMENT, ANY SERVICES PROVIDED BY Clarity Wireless, WHETHER OR NOT PROVIDED PURSUANT TO THE AGREEMENT, OR ANY MATTER NOT WITHIN THE EXCLUSIVE OR ORIGINAL JURISDICTION OF THE FEDERAL COMMUNICATIONS COMMISSION OR THE PUBLIC SERVICE COMMISSION OF THE COMMONWEALTH OF KENTUCKY, INCLUDING MATTERS ARISING UNDER KRS 278.260, SHALL BE SETTLED EXCLUSIVELY AND FINALLY BY ARBITRATION BETWEEN Clarity Wireless AND CUSTOMER. The arbitration shall be conducted in accordance with the wireless industry arbitration rules created by the American Arbitration Association, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in connection with your individual claim and only to the extent necessary to provide relief warranted by your individual claim. Further, unless both you and Clarity Wireless agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
XXI. IPHONE APPLECARE + TERMS AND CONDITIONS
Use of iPhone constitutes acceptance of iPhone terms and conditions (including third party terms and conditions) found in the iPhone box. If you disagree with these, you can return the phone in accordance with the Clarity Wireless Inc. return policy. Purchase of AppleCare+ constitutes acceptance of all AppleCare+ terms and conditions as set forth on the proof of coverage provided to you at time of purchase.
XXII. CHANGE OF TERMS
Clarity Wireless may change its prices, fees, or other terms and conditions of service, including arbitration and dispute resolution provisions, at any time. Such changes shall be effective upon being posted to Clarity Wireless’s website. Customer’s continued use of Clarity Wireless’s products, services, or network after the effective date of a change of terms indicates Customer’s acceptance of the modified terms. Clarity Wireless agrees to provide advance written notice to Customer of proposed modifications that may be materially adverse to Customer (other than changes to governmental fees or proportional charges for governmental mandates, roaming rates, or compliance fees). If Customer finds the terms proposed in a notice to be unacceptable, he or she may cancel the Agreement without incurring an early termination fee provided that Clarity Wireless receives Customer’s written notice of cancellation within 14 days of the date of the notice.
Clarity Wireless only offers a monthly subscription for its service. Any cancellation or stoppage of your subscription will result in termination of service at the end of your cycle. In order to continue or reinstate services, a re-connection fee is required. All billing is done electronically. All customers enrolled in automatic billing will be charged automatically for each billing period on their respective due date with their selected payment method. Customers not enrolled in automatic billing must pay the total amount due on the 30th day or prior to continue uninterrupted service. Customers with 2 or more failed payments may have their accounts terminated or pay extra fees to continue service. If you were on the old rate plan of $60 Home Internet and grandfathered in through auto-renewal services, a failed payment could result in your price plan being removed and your account set to the most current pricing.
Termination of Service
ALL PREPAID PLAN SALES ARE FINAL.
Due to the unique nature of the service offered by Clarity Wireless , it may become necessary on rare occasions to permanently terminate or temporarily suspend our service at any time without advance notice to you. You expressly agree that we have the absolute right to do so. In such event, you will not be entitled to any refund or proration of any payment, including prepaid plans, you have made. You agree not to seek any charge back or other credit from your bank or credit card company and expressly acknowledge that the full amount of payment you made was properly due and owing.
A restock fee of $25 will apply to purchases that are shipped to customers. This includes, but is not limited to, wireless devices and bring your own sim packages. This fee will be subtracted from the total amount of the refund. The restock fee is not applicable to the purchase of monthly service for existing customers, monthly service purchases are final and cannot be refunded .
We reserve the right to modify or discontinue the Service, temporarily or permanently at any time without notice. We may change any terms, rates, conditions, fees, expenses, or charges regarding your Service at any time without notice.
You can choose to cancel your service at anytime with the understanding that there will be no refund. All services once paid for are non refundable. This applies to auto renewals, one time renewals, 90 day plans and 1 year plans. Once a service is paid for it cannot be cancelled for a refund. To request the closure of your account please send an email, call 877-870-8901 or use our live chat link on www.ClarityWirelesstx.com. Your account will then be closed at the end of the time period you have paid for. If you request that the account be closed on the same day there will be no refund on future days of service or previous payments.
Outages and Service Delays Out of Our Control
Clarity Wireless will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an during a warranty replacement.
Revisions and Price Increases
Clarity Wireless may revise the terms and conditions of this agreement from time to time, including any of the policies which may be applicable to usage of accounts or pricing by posting such revisions to our website at www.Clarity Wireless.com. You agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Product costs can occur without notice. You will be notified regarding a price increase in your monthly plan prior to the effective date of the price increase. If you do not agree to the new renewal price, it is your responsibility to notify Clarity Wireless of the cancellation of your plan prior to your renewal term or you will be billed at the new rate.