TERMS AND CONDITIONS FOR SERVICE:
Terms Applicable to Cross Wireless dba Bravado Wireless Post-Paid National/Regional CDMA and 4G LTE Plans:
These Terms and Conditions for Service govern the sale and delivery of services by Cross Wireless Telephone Company (“Cross Wireless and Bravado Wireless”) to the user (sometimes referred to herein as “you”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions for Service constitute an agreement (“Agreement”) between the user and Bravado Wireless and contain a clause requiring the use of arbitration rather than jury trials or class actions to resolve disputes, and other clauses which may affect the user’s legal rights. This Agreement also includes by this reference any terms and conditions applicable to the service(s) that the user selects as described in any of Bravado Wireless’ product brochure(s), literature or on its official website (http://www.Bravadowireless.com ). In addition, certain regulations and other laws may also govern the provision of services by Bravado Wireless to the user. This Agreement replaces and supersedes all previous versions of the Terms and Conditions for Service. Because these Terms and Conditions for Service may change from time to time, please visit Bravado Wireless at its official website (http://www.Bravadowireless.com ) or visit a Cross or Bravado Wireless retail store for the most current version.
IMPORTANT: WHEN YOU INITIATE SERVICE OR USE THE SERVICE BY, FOR EXAMPLE, PLACING A CALL, SENDING A MESSAGE OR TRANSMITTING DATA ON THE BRAVADO WIRELESS SYSTEM OR ANOTHER SYSTEM THAT HAS AGREED TO CARRY BRAVADO WIRELESS SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND INTENT TO BE BOUND BY THE TERMS CONTAINED HEREIN. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM BRAVADO WIRELESS, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, DO NOT INITIATE SERVICE OR USE THE SERVICE AND RETURN YOUR WIRELESS DEVICE, UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED WITHIN THE RETURN PERIOD SET BY THAT STORE FOR A REFUND.
IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT. IF YOU ELECT TO SO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS OR TERMINATION FEES.
IF YOU HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, BUT CONTACT EITHER BRAVADO WIRELESS OR ITS AUTHORIZED DEALERS TO HAVE YOUR QUESTIONS ANSWERED.
Device Installment Plan: Bravado Wireless may provide monthly payment options when purchasing devices/equipment. An initial payment may be required at time of sale that may be determined by the customer’s credit score. Bravado Wireless reserves the right to establish payment levels and initial payment requirements. Bravado Wireless has sole discretion to allow or disallow payment options or installment payment plans to an individual customer or in its entirety.
Late Fees on Device Installment Plans: In accordance with the Laws of the State of Oklahoma, Bravado Wireless reserves the right to charge a late fee on Device Installment Plan. The Late Fee is a separate charge then the monthly recurring service (MRC) charge. The Late Fee will be added to the users account if the Installment payment exceeds the due date on the invoice.
Credit, Deposits and Refunds: Bravado Wireless may require a deposit for service. The user’s deposit will be refunded after 12 months of satisfactory payment activity. An early termination fee of $150 for 3G Plans applies if service is terminated before the end of the contract term and will be reduced by $5 for each full month toward the user’s minimum term that the user completes. An early termination fee of $350 will apply all 4G LTE Plans if service is terminated before the end of the contract term and will be reduced by $14 for each full month toward the user’s term that the user completes. If the user’s handset or device is returned within 3 days of activating service, the user’s activation fee will be refunded. If the user’s handset or device is returned within 14 days of activating service in like-new condition with all components, the early termination fee will be waived. All other charges apply. Some agents, distributors or resellers may impose additional fees.
All sales are final. Bravado Wireless may, at its option, authorize returns, or refund the purchase price of the equipment at its sole discretion.
Bravado Wireless Sales with Promotional Pricing (Promos) and Special Offers: Bravado Wireless reserves the right to modify or cancel the offer, the sale price or the promotion at any time. Bravado Wireless reserves the right to offer Promos and Special Pricing to new customer activations only. Sales, Promotional Pricing and Special Offers good while supplies last. All Promos and Special Offers are first come, first served; no rain checks. Substitutions may be offered at the discretion of Bravado Wireless All Promos and Special Offers may be limited to one per customer and/or one per account. All Promos and Special Offers may not be combined with other offers. All Promos and Special Offers apply only to qualifying items. Substitutions may be offered at the discretion of Bravado Wireless
All Promos and Special Offers are non-transferrable, may not be resold, cannot be exchanged for cash and have zero value. Taxes, and Fees, may apply to the full value of discounted and free promotional items. If any of the products are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies. If you violate any of the offer terms, the offer will be invalid. Some sale pricing not valid with and/or on special or previous orders, and may not be combined with other coupons, other promotions or other discounts. All Promos and Special Offers are subject to change with little or no notice.
Minute Increment Billing and Usage: Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. Bravado Wireless charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Minutes will be depleted according to usage in the following order: Night & Weekend Minutes, Mobile to Mobile Minutes, and Bravado Wireless Plan minutes except that minutes that are part of both a limited and an unlimited package will not be depleted from the limited package. Calls placed on networks served by other Bravado Wireless may take longer to be processed, and billing for these calls may be delayed. Those minutes will be applied against the user’s Bravado Wireless Plan monthly minutes in the month in which the calls appear on the user’s bill. Unanswered originating calls will incur a minimum of 30 seconds of airtime.
Unlimited Mobility Data Service Usage: Bravado Wireless reserves the right to define and determine data usage abuses.
If a user’s mobile data service usage exceeds the standard defined usage allowance, Bravado Wireless may, at its option, slow data speeds, change the user’s plan to one imposing additional usage charges, or may even suspend or terminate the user’s service. Depending on the severity of the usage abuse, Bravado Wireless may or may not provide advance notice that it intends to take any of the above actions including terminating the service agreement. Please reference Bravado’s “Prohibited Uses and Activities (Sec V)”.
Tethering – Hotspot Usage (Generation of a WiFi signal by the mobile device): Using a mobile device on an Unlimited data plan for the use of Tethering, Hot spotting or generating a WiFi link for PC’s, Smart TV’s, Gaming consoles or any large data consumption type device is not allowed on the Bravado Wireless network and violation of this rule is grounds for immediate service termination.
Home Internet / 4G LTE Fixed Data Service: Bravado Wireless reserves the right to define and determine data usage abuses.
If a user’s Home Internet data service usage exceeds the standard defined usage allowance, Bravado Wireless may, at its option, slow data speeds, change the user’s plan to one imposing additional usage charges, or may even suspend or terminate the user’s service. Depending on the severity of the usage abuse, Bravado Wireless may or may not provide advance notice that it intends to take any of the above actions including terminating the service agreement. Please reference Bravado’s “Prohibited Uses and Activities (Sec V)”.
80g for $80 Home Internet: Unrestricted plans–Any overages over 80GB will be the sole responsibility of the user and will be billed per at the overage rate per Mb.
Off-Network–If off-network charges are incurred, the customer is responsible for all charges at a minimum data rate of $.02 per Mb or up to a maximum national data rate of $.05per Mb depending on the location of the data usage.
Bravado Network Data Speeds: Bravado Wireless makes no guarantee in regards to data speeds. Off-Network outages, Off network congestion, internet congestion and internet outages are just some of the examples of circumstances outside our network that affect data speeds and are completely out of the control of Bravado Wireless. Certain on network speeds limitations such as frequency interference, coverage anomalies, transport constraints, server speed, busy hour congestion or peak time usage may limit and affect data speeds and users may experience a limitation or downgrade of normal data speeds. Bravado Wireless will monitor and do its utmost to correct the speed limitations within our control in order to offer the best experience to our customers.
Data Speeds to Selective Websites: Bravado Wireless does not limit speeds to specific websites. Bravado Wireless is net neutral. For more information, please visit our net neutrality statement here.
Bravado Wireless Hardware and Equipment Sales: All hardware and equipment sales are considered final.
If Bravado Wireless terminates a user service agreement based on a Terms and Conditions violation, Bravado Wireless may at its sole discretion, purchase customer’s equipment that must be in excellent working condition with all original parts and pieces intact. If Bravado Wireless does purchase equipment back, the determined value of the equipment will be based on actual amount customer paid prorated on actual months service used versus a 30-month agreement.
If Bravado Wireless terminates a user service agreement based on a Terms and Conditions violation and equipment is not purchased back by Bravado Wireless, any existing hardware and equipment purchase agreements and installment agreements stay in force and must be satisfied as previously agreed upon.
Bravado Wireless reserves the sole right in its judgment to determine the condition level of the hardware.
Rate Plans: The user’s rate plan determines the charges and fees the user has to pay for services, and will remain the user’s rate plan until that rate plan is modified, the user switches to a different rate plan, the user cancels its service or its service is terminated. The user’s rate plan is part of this Agreement. Bravado Wireless may change this Agreement, the user’s rate plan, any fees and any applicable surcharges, and taxes at any time. Any such changes to this Agreement the user’s rate plan, any fees and any applicable surcharges, and taxes shall be effective when Bravado Wireless publishes the revised terms and conditions or otherwise gives the user notice of such changes.
Restrictions for plan promoted as Under $24 plan:
- Plan is based off the existing $39.99 10 Gig Plan
- A $350 service Credit is applied as a monthly credit $11.67 per month for 30 months. After 30 months plan price reverts back to full price and credit stops.
- Additional $5 credit per month allowed for AutoPay.
- Promo available to NEW customers only – Main account holder only (No add-ins)
- Service Credit will be paid in 30 monthly installments ONLY – No lump-sum payouts.
- Promo stops if account is suspended for non-pay and plan price returns to $39.99
- Service credit promo ends if customer selects a new promotion
Restricted Rate Plans: Bravado Wireless reserves the right to suspend service at usage limits determined by Bravado Wireless. Service will be suspended by Bravado Wireless when the customer exceeds the usage limit. Service will be restored when customer purchases additional usage or the monthly service plan renews. The customer has the right to move to a unrestricted plan and meets the qualification requirement(s) for unrestricted service. It is not the responsibility of Bravado Wireless to notify customer of usage limit(s) or proximity of customer exceeding/approaching those limits.
Unrestricted Rate Plans: A customer will be required to pay any overages incurred on Unrestricted Rate Plans. Bravado Wireless makes no representations otherwise.
Expired Plans: Customers are allowed to remain on a rate plan that has been expired and no longer available as long as the account is not disconnected for non-pay, downgraded or change of any plan or features or the purchase of a new device. If the customer is disconnected for any reason, makes any modification or changes to their respective account, or purchases additional devices or services, customer will be required to move to a new plan that is a current advertised plan.
First Month Prorates: Customers are required to pay the appropriate amount for the first month of service at time of activation the prorated amount applies to the monthly plan, taxes, fees and any airtime/data usage, for the remaining part of the month.
Plan upgrade credits: If a customer moves up in plans based on plan rates and Bravado Wireless gives credit for overages for that specific plan change, the customer is required to remain on the upgraded plan and cannot disconnect service or downgrade service for a minimum of six (6) months. If customer disconnects or downgrades service, Bravado Wireless reserves the right to bill/ charge the overages that were waived back to the customer in which customer will be responsible for paying.
Pricing/Taxes/No Proration: Final month’s charges are not prorated. Prices are subject to change. Prices do not include taxes or any government regulatory assessment. If a user has been granted tax-exempt status, the user must provide Bravado Wireless with adequate documentation evidencing such tax-exempt status at the time of activation. If a user defaults on the balance due to Bravado Wireless, Bravado Wireless reserves the right to discontinue service without notice to the user.
Activation Fees: A $35 Activation Fee applies to each new account. An additional $35 Activation Fee applies to each additional line added to an account. If a user is disconnected for failure to pay any balance due, an additional Activation Fee may be assessed at the time of reactivation. Reactivation will only occur after the user has paid the balance owed in full.
Nights & Weekends: Nights are 9 p.m. to 7 a.m. Weekends are 9 p.m. Friday to 7 a.m. Monday (based on time of day at the cell site or switch providing the service). Included long distance calls can be made from the 50 United States, Puerto Rico, and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam, and Northern Mariana Islands. Roaming charges do not apply when roaming within the service area of land-based networks of the 50 United States, Puerto Rico, and U.S. Virgin Islands. International long distance rates vary. Additional charges apply to services used outside the land borders of the U.S., Puerto Rico, and U.S. Virgin Islands.
Unlimited Voice Services: Unlimited Voice Services: Unlimited voice services are provided primarily for live dialogue between two individuals. Unlimited Voice calling does not include International Calling. A separate Unlimited International Voice Service is required to place calls outside the United States. This Unlimited International Voice Service is an additional charge, and requires the Unlimited Voice Service plan. If the user’s use of unlimited voice services for conference calling or call forwarding exceeds 800 minutes per month, Bravado Wireless may, at its option, terminate the user’s service or change the user’s plan to one with no unlimited usage components. Unlimited voice services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialogue between two individuals. If Bravado Wireless determines that the user is using an unlimited voice service offering for other than live dialogue, Bravado Wireless may, at its option, terminate the user’s service or change the user’s plan of comparable pricing solely at the discretion of Bravado Wireless. Bravado Wireless will provide notice that it intends to take any of the above actions, and the user may terminate the agreement.
Off-net Usage: If the user’s voice or messaging service usage (including unlimited services) during any two consecutive months or data service usage (including unlimited services) during any month on other Bravado Wireless networks (“off-net usage”) exceeds the user’s off-net usage allowance, Bravado Wireless may, at its option, terminate the user’s service, deny the user’s continued use of other Bravado Wireless coverage, or change the user’s plan to one imposing usage charges for off-net usage. The user’s off-net usage allowance is equal to the lesser of 800 minutes or 40% of the monthly anytime minutes included with a user’s plan or 20% of the MB/GB included with the user’s plan, or the lesser of 3000 messages or 50% of the messages included with the user’s plan. Bravado Wireless will provide notice that it intends to take any of the above actions, and the user may terminate the agreement.
Bravado Wireless Internet Policy: It is the intent of Bravado Wireless to provide our customers with the best Internet service possible. It is the responsibility of all Bravado Wireless customers and all others who have access to the Bravado Wireless network (“customer,” “you,” or “your”), to comply with terms and conditions of all Bravado Wireless policies. As a Service customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other Bravado Wireless policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies you must immediately stop use of the Service and notify Bravado Wireless so that your account may be closed.
Note: Bravado Wireless reserves the right to immediately terminate the Service and the Customer Service Agreement if you engage in any of the prohibited activities listed in the terms and conditions or if you use the Bravado Wireless equipment or service in a way which is contrary to any Bravado Wireless policies.
Prohibited Uses and Activities: Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the Bravado Wireless Equipment to:
(i) undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal or international law, order or regulation;
(ii) access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
(iii) use or distribute tools designed or used for compromising security, such as password programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
(iv) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary rights, without obtaining permission of the owner;
(v) restrict, inhibit, interfere with, or otherwise disrupt or cause performance degradation, regardless of intent, purpose or knowledge, to the Service or any host, server, core or access network, node or service, or otherwise cause a performance degradation to any facilities used to deliver the Service;
(vi) resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. Wi-Fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. You agree not to use the Service for operation as an Internet service provider, or as an end-point on a non-Bravado local area network or wide area network;
(vii) transmit unsolicited bulk or commercial messages or “spam.” This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Account functions such as verifying and maintaining the account, options and settings, must be performed by a person at least 18 years of age, without exception. Bravado Wireless recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by Bravado and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
We comply with the Online Copyright Infringement Liability Limitation Act of 1998 (“Act”). As required by the Act, we have adopted a policy to suspend or terminate services to account holders or subscribers who repeatedly infringe copyrights. We reserve the right to terminate service to a subscriber or account holder after receiving repeat notices of copyright infringement on the account. We accommodate and do not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
In accordance with the Online Copyright Infringement Liability Limitation Act, 17 USC § 512(c)(2), we have filed with the United States Copyright Office the necessary designated agent information to facilitate notice of alleged online copyright infringement on our network. Our designated agent for notification of alleged copyright infringement and counter-notification is:
JSI DMCA Agent
John Staurulakis, Inc.
7852 Walker Drive
Greenbelt, MD 20770
Phone: 301-459-7590Email: email@example.com
If a notification of claimed infringement has been filed against you, you can file a counter-notification with Pioneer’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright Act.
Bravado Wireless does not routinely monitor the activity of Service accounts for violation of this AUP; however, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Bravado Wireless has no obligation to monitor the Service and/or the network, Bravado and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Bravado Wireless users.
Bravado Wireless prefers to advise customers of inappropriate behavior and any necessary corrective action; however, if the Service is used in a way that Bravado or its suppliers, in their sole discretion, believe violate this AUP, Bravado Wireless or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither, Bravado, nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Bravado’s exclusive remedies and may take any other legal or technical action it deems appropriate.
Bravado Wireless reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on the Bravado Wireless servers and network. During an investigation, Bravado may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize Bravado Wireless and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, Bravado Wireless is authorized to delete any files, programs, data and e-mail messages associated with your account.
Bravado does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service. None of such content should be construed or understood to constitute or reflect the views or approval of Bravado or any of its subsidiaries or affiliates. We do not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice.
You acknowledge that Internet sites, and use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that Bravado is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond Bravado’s reasonable control and are not in any way warranted or supported by Bravado or its third-party contractors. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. You confirm that you assume all risk and liability of any use of the Internet through your account.
Enterprise Data Plan: If the user’s data usage during any month on (on-net usage) or off (off-net usage) Bravado Wireless network exceeds the users usage allowance, Bravado Wireless may, at its option, terminate the user’s service, deny the user’s continued use of other Bravado Wireless’ coverage or change the user’s plan to one imposing additional usage charges.
The usage allowance is not to exceed 120 Gb on the Enterprise Plan. Bravado Wireless will provide notice that it intends to take any of the above actions, and may terminate the agreement. If off-network charges are incurred, the customer is responsible for all charges at a rate of coin data rate – $.02 and national data rate of $.05. Any overages over 120 GB will be the sole responsibility of the user and will be billed $10.00 per GB.
Data Usage/Speeds: Bravado Wireless makes no guarantee toward data speeds. Bravado Wireless does not globally (all subscribers) intentionally rate limit data usage (amount of data used within a given billing cycle) or what is known as “cap” its data usage per subscriber. Certain network capacity limitations and constraints, coverage, transport, server speed, or internet capacity may limit and affect data speeds beyond Bravado Wireless’s control and the user may experience a limitation or downgrade of expected data speed. For more information, please visit our net neutrality statement here.
Vehicle Data Connect Plan: Bravado Wireless reserves the right to terminate service if usage over 4GB of data is used outside the Bravado home service area.
Caller ID Blocking: The user’s billing name may be displayed along with the user’s wireless number on outbound calls to other wireless and landline phones with Caller ID capability. The user’s telephone number and location may also be transmitted to public safety officials if the user dials 911 or other emergency service numbers. The user may contact customer service for information about blocking the display of the user’s name and number, except to the extent the display of such information is necessary to assist emergency responders or is otherwise required by law.
Basic & Enhanced Voicemail: Unless the user subscribes to an unlimited voice plan, airtime charges apply to calls to the user’s voicemail service, including calls where the caller does not leave a message because the call has been completed, calls to listen to, send, reply to, or forward messages, or to perform other activities with the user’s voicemail service, including calls forwarded from other phones to the user’s voicemail service. The user is solely responsible for establishing and maintaining security passwords to protect against unauthorized use of the user’s voicemail service. Upon notice to the user, Bravado Wireless may change the number of voicemails the user can store, the length of time the user can store those messages, and other voicemail features. Bravado Wireless may deactivate the user’s voicemail service if the user does not initialize it within a reasonable period after activation. Bravado Wireless will reactivate the service upon the user’s request.
Add-a-line: Adding lines to an account may require up to a two-year service agreement for each line. Add-a-line plans include only package minutes included with the primary number, and minutes are shared by the additional lines. The rate shown for additional minutes applies to all minutes in excess of the Bravado Wireless Plan minutes. A maximum of 3 add lines to each main line is allowed on any Bravado Wireless Plan. If an account requires more than 4 lines, another main line will need to be created.
Call 5/10: Call 5/10 is available only with select Bravado Wireless Plans. Bravado Wireless Plan subscribers can place/receive calls to/from up to 5 or 10 (depending on the availability with Bravado Wireless Plan) wireline or wireless telephone numbers without being charged for airtime minutes. Only standard domestic landline or wireless numbers may be added and Call 5/10 is only for domestic calls. Directory assistance, 900 numbers, chat lines, pay per call numbers, user’s own wireless or voicemail access numbers, numbers for call routing services and call forwarding services from multiple phones, and machine to machine numbers are not eligible. Depending on the PBX system, a private telephone system often serving businesses, Bravado Wireless may not be able to determine if the user’s selected PBX Call 5/10 number is calling/receiving calls from the user’s wireless number and airtime charges could apply. Forwarded calls will be billed based on the originating number, not the call forwarding number, and airtime charges may apply. Only voice calling is eligible. Call 5/10 number selections may only be added at a retail location or calling customer service. Selected telephone numbers do not become active until 24 hours after they have been added. Bravado Wireless reserves the right to block any Call 5/10 number and to reduce the amount of telephone numbers that can be used for Call 5/10 without notice. Call 5/10 is not eligible on Lifeline local non-contract accounts. Call 5/10 numbers can only be changed two (2) times per calendar year at no charge. Any additional changes within the calendar year will be charged a $25.00 change fee.
Wireless Protection: Wireless Protection may be added to a plan for device replacement purposes only. Deductable rates apply to both 3G devices and 4G LTE devices. Rates are subject to change. The following restrictions and requirements will apply: Replacement for like-device only. Replacement equipment may be new or refurnished. If the same make or model is not available, a like-kind make or model may be substituted. All replacements will be made at Bravado’s discretion. This coverage is void in the case of fraud, intentional concealment, intentional physical damage or misrepresentation of a material fact at any time concerning the requested claim. The customer is required to retain insurance for a minimum of one year after filing a claim. After the one-year requirement, the customer may cancel without penalty. If the customer cancels data protection before the one is completed, customer is responsible for paying the retail value of the device. Deductibles are non-refundable on each approved claim. No new contract is required. If the customer is within 6 months of a completed contract, they may have the option of purchasing a new device at the upgrade pricing with a 2-year contract. The remainder of the existing contract will be added to the new 2-year extension. One claim per year, the year begins after the first claim. Insurance must be added within 30 days of purchase. If added after the customer leaves the store, the device must be brought back to the corporate retail location for inspection to insure there is no damage to the device. Wireless protection is not provided on devices that are purchased from an Authorized Agent other than Bravado Wireless. Exclusions are: Accessories, Local Lifeline Accounts and, Prepaid Accounts. Eligibility is subject to change. Covered Incidents: Lost, stolen (must provide a police report within 30 days), physical damage (liquid damage is excluded) and mechanical and or electrical failure after the manufacturer’s warranty has expired. How to file a claim: Must be an active Bravado Wireless customer, account must be in good standing, must be the account holder or authorized user with valid identification and the claim must be filed within 30 days of the reported incident.
Detailed Billing: Detailed billing is available with each monthly invoice for $3.00 per month. If detailed billing is not included on the account, a copy may be requested at the local Bravado retail location for a fee of $3.00 which must be paid at the time the copy is received. Requested copies of detailed billing can only be requested and picked up by the account holder with valid identification.
Mobile to Mobile Minutes: Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other Bravado Wireless phone number from within the user’s calling area. Calls to Bravado Wireless voicemail and return calls from voicemail are not included in Mobile to Mobile minutes.
Messaging Plans: Quick messaging device owners must subscribe to an eligible messaging plan or combination of eligible messaging and data plans. If it is determined that the user is using a Quick Messaging Device without an eligible messaging plan or combination of eligible messaging/data plans, Bravado Wireless reserves the right to add an eligible messaging or data plan to the user’s account and bill the user the appropriate monthly fee.
Data Plans: An eligible data plan is required for certain devices, including all smartphones. Eligible data plans cover data usage in the U.S. and do not cover international data usage and charges. If it is determined that the user is using a smartphone without an eligible data plan, Cross Wireless reserves the right to add an eligible data plan to the user’s account and bill the user the appropriate monthly fee. Tethering of a device is expressly prohibited.
Use of Service: The user shall not allow any fraudulent or illegal use of the services according to State and Federal laws. Only users authorized by the subscriber may use the service. In addition, all products may not be available in all areas. The user will be responsible for all authorized usage on the user account. The user agrees not to resell the service or use the service in any unlawful or abusive purpose. The user agrees to use the services in accordance with this Agreement and to comply with all applicable laws. The user shall always use its wireless handset or device in a safe manner that does not create a risk to the user’s safety or the safety of others. The user will be aware of and comply with the laws that apply when driving. If the user must use wireless service while driving, Bravado Wireless recommends the use of a “hands-free” wireless handset or device. The user agrees to indemnify, defend and hold harmless Bravado Wireless from any violation by the user of the terms and conditions of this Agreement or any applicable laws or rules or regulations of any local, state or federal authority.
Numbers: Bravado Wireless will assign a phone number (the “Number”) to the user’s wireless device including data devices. The user does not own the Number or any other personal identification number (“PIN”) assigned to the user or that user may use in connection with the service. Upon notice to the user, Bravado Wireless can change, reassign or eliminate any Number or PIN. If the user’s account is deactivated, Bravado Wireless can reassign the Number without giving any notice. The user may not assign the Number to any wireless device or other equipment except as approved by Bravado Wireless or otherwise required by law. In order for the user to “port” or keep its Number when changing telephone service providers, the user must have an active account with Bravado Wireless. The user may be required to purchase a new wireless phone or other equipment in order to change service to or from Bravado Wireless service and may be without service for some period of time. Bravado Wireless may charge a fee to reimburse Bravado Wireless for the costs it incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. Bravado Wireless may also charge a fee to reimburse it for the cost it incurs to perform a port.
SIM CARDS: 4G LTE devices may require a SIM card to enable use of the LTE device. If the user damages, loses, or misplaces the SIM card, Bravado Wireless will charge $25.00 to the user to replace the SIM Card. The Bravado Wireless SIM card is not warranted to work correctly in any device not expressly noted by Bravado Wireless.
Online Customer Portal – Bravado Wireless is not responsible for security of the online customer portal. It is the user’s responsibility to maintain security of their online account. Bravado Wireless is not responsible for security breaches caused by the On-Line Customer Portal or lost account information via the Customer Portal. On-Line Customer Portal Availability is not the responsibility of Bravado Wireless. Any overages occurred due to the On-Line Customer Portal being unavailable will not be waived by Bravado Wireless and will be billed according to usage. It is the responsibility of the customer to pay those overages if incurred. When checking amount of data used, it is possible there could be up to a 72-hour delay. The On-Line Customer Portal requires a valid internet connection and it is not the responsibility of Bravado Wireless to provide that online connection.
Lifeline Certification: Bravado Wireless is a designated eligible Lifeline carrier within certain areas of the State of Oklahoma. Bravado Wireless follows the established USAC guidelines for eligibility of Lifeline service. Bravado Wireless requires annual re-certification to maintain existing user Lifeline benefits. A user that fails to re-certify by the required date will be moved to a non-lifeline plan and the Lifeline credit removed on a contract Lifeline Plan and will be disconnected if on a local non-contract plan. The user will be responsible for any charges that may occur. Additional information regarding Lifeline service is set forth in Bravado Wireless Lifeline policy, available at its official website (http://www.Bravadowireless.com).
Billing and Payment: Payment for services is due on or before the due date as stated in the user’s bill. The user may be required to pay a convenience or processing fee for some methods of payment or for the use of some payment locations. All bills shall be delivered via U.S. mail, unless the user agrees to receive a bill through different means, such as electronically through the Internet.
The user may authorize recurring payment of the Bravado Wireless bill by credit card (“Credit Card”), which will authorize Bravado Wireless to charge all amounts the user owes to the Credit Card up to seven (7) days prior to the due date and to demand immediate payment from the card issuer. Unless required by law, Bravado Wireless will not be required to give any additional notice to the user or obtain additional consent from the user before billing the Credit Card for service each month. The user must promptly notify Bravado Wireless of any change in the user’s billing address or the Credit Card used for payment. The user may also pay the Bravado Wireless bill (1) by mailing a check or money order to Bravado Wireless; (2) in person at any Bravado Wireless authorized payment center; or (3) over the phone. The user may have to pay an additional convenience/processing fee, depending on the payment method chosen. In addition, Bravado Wireless may charge an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument tendered by the user and returned unpaid by a financial institution for any reason. Bravado Wireless reserves the right, in its sole discretion, to require the user to pay the Bravado Wireless bill with cash, certified check, cashier’s check or money order.
By paying any amount to Bravado Wireless via a checking or other bank deposit account, the user authorizes Bravado Wireless to initiate a debit entry to the designated bank account in the amount that the user (or the user’s representative designated during the call) and the user confirms to Bravado Wireless that the user is duly authorized on the applicable bank account. The debit generally occurs on or after two (2) banking days from the user’s authorization call. The user agrees that the code to authorize such payments shall be the same as the Number or other Bravado Wireless account number.
If the user does not make all payments when they are due, the user will be in default under this Agreement, and Bravado Wireless will be entitled to exercise any rights it may have under this Agreement, including the suspension or termination of service to the user, and the collection of any outstanding balances, including applicable late payment charges. If Bravado Wireless accepts a late or partial payment, even if the user marks the payment “paid in full,” Bravado Wireless does not waive its rights to suspend or terminate the user’s service or any other rights Bravado Wireless may have. If the user’s service is terminated and the user promptly pays amounts that are overdue, Bravado Wireless may, in its sole discretion, reinstate or reconnect the user’s service after the user has paid any reactivation fees Bravado Wireless may impose. If Bravado Wireless has to take action beyond billing the user in order to collect payment, the user will be required to pay Bravado Wireless’ reasonable costs and expenses of collection, including attorney’s fees, court costs, and the fees of any collection agency to the extent permitted by law. If Bravado Wireless bills and collects amounts for any third-party service provider, Bravado Wireless will allocate payments it receives from the user first to amounts due to Bravado Wireless. Bravado Wireless will then allocate any remaining payment to amounts due to such third-party service providers.
The user has the right to dispute charges on its bill, but must notify Bravado Wireless of the dispute within 60 days after the billing date or the user waives any claim it may have had. Even if the user has a dispute with Bravado Wireless, the user must pay all charges on time until the dispute is resolved.
If the user files a complaint with the Consumer Services Division, Bravado Wireless will not disconnect the user’s account on account of nonpayment of any disputed charges, although the user will be required to pay any undisputed portions of a bill. If the user does not pay such undisputed portions, Bravado Wireless may suspend or terminate service to the user.
Termination: The user may terminate service by notifying a Bravado Wireless customer service representative. Bravado Wireless may terminate or suspend the user’s service at any time and for any reason without liability, unless prohibited by law. Unless otherwise set forth herein, Bravado Wireless is not required to provide the user with any notification before suspending or terminating the user’s service. If this Agreement terminates for any reason, the user will no longer be entitled to access Bravado Wireless services, the user will be liable for payment for services provided through the date of termination, and the user will not be entitled to receive a refund of any payments the user has made.
Disclaimer of Warranties: Bravado Wireless expressly disclaims all warranties of any kind, about the services, applications, the user’s use of the services or applications, the user’s wireless device or handset and related accessory equipment, including implied warranties of merchantability and fitness for a particular purpose or any warranty in regards to signal interference or signal quality.
Bravado Wireless does not manufacture wireless handsets, devices or related accessory equipment and is not responsible for any defects or for the acts or omissions of the manufacturer. Bravado Wireless and its respective agents offer no warranty on the equipment it sells. The user’s wireless handset or device and related accessory equipment come with a separate written warranty from the manufacturer. Statements by Bravado Wireless or its representatives or agents regarding wireless devices, handsets and related accessory equipment should not be interpreted as a warranty by Bravado Wireless. Bravado Wireless shall have no liability whatsoever with respect to the installation of wireless handsets or devices, for personal property damage resulting from installation of wireless handsets or devices or for the manufacturer’s warranty, or any actions or omissions of the manufacturer.
Scope of Service: Bravado Wireless reserves the right to manage its wireless systems and the use of its services. As a result, Bravado Wireless may deny a request for service from any subscriber or potential subscriber or discontinue a subscriber’s service for any lawful reason. Bravado Wireless may offer different services and different rates at different times. Bravado Wireless may block access to a number and/or certain categories of numbers (for example, 900 numbers), certain websites, or certain messages, including text, video, photo, and audio messages, in its sole discretion and to the extent legally permitted. Services are generally available within the operating range of Bravado Wireless’ wireless system in the user’s service area. The user’s service area is the area depicted in the coverage that is posted on our official website (http://www.Bravadowireless.com ) and may change from time to time. Any statements by Bravado Wireless, its employees, representatives or agents about the coverage of Bravado Wireless’ wireless system are only intended to describe Bravado Wireless’ approximate coverage in the user’s service area. The user should not interpret any such statement to mean that services will be available under all circumstances, at all times, or without interruption in the user’s service area.
Limitation of Liability: Bravado Wireless strives to provide continuous service, however, Bravado Wireless can not guarantee error-free service. The services depend on over-the-air radio transmissions. Many factors beyond Bravado Wireless’ control affect the user’s ability to make and receive calls and/or
transmit and receive data on the user’s wireless device and the quality of those calls, including but not limited to the user’s location, the conditions of the atmosphere, the terrain, nearby buildings (and other structures) and the user’s wireless device. Bravado Wireless takes no responsibility for service interruptions or problems caused by factors beyond its control. As a result, sometimes service, including calls or attempted calls to emergency services like 911, maybe interrupted or fail, and/or the quality of calls may be poor. The liability of Bravado Wireless for losses or damages arising out of errors, omissions, interruptions, delays or defects in any of the services or facilities provided by Bravado Wireless shall be limited to a pro-rata abatement of the charges payable by user for the period during which the services or facilities were affected by the error, omission, interruptions, delay, or defect. Bravado Wireless will have no liability for service interruptions or outages of service of 24 hours or less. To the maximum extent permitted by law, the user agrees to limit claims for damages or other monetary relief against Bravado Wireless to the lesser of the user’s direct damages and one month’s service charges.
Under no circumstances will Bravado Wireless be liable for lost profits, loss of business, cost of replacement or any other incidental, indirect, special, punitive or consequential damages of any kind arising out of or related to the provision or failure to provide service or the user’s use of the service. Bravado Wireless’ performance shall be excused if caused by failure of any equipment used in providing the service, acts of God, labor disputes, facility shortages, changes in service caused by regulatory requirements or other causes beyond Bravado Wireless’ reasonable control.
Bravado Wireless is not liable for any damages resulting from, or in connection with, any interruption or failure of 911 or E911 emergency services or the identification of the number, address or name associated with any person accessing such emergency service from user device.
The above limitations of liability will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, negligence, products liability, or any other theory. By using the services, the user agrees that the remedies provided under this Agreement are exclusive and the user waives its right to any other remedies that may be available to it at law or in equity.
The user agrees to release, indemnify, defend and hold harmless Bravado Wireless from and against all claims, losses, demands, actions and/or damages (including actions by third parties or those who use the user’s wireless handset or device) arising out of or resulting from the use or attempted use of Bravado Wireless services.
Arbitration; Dispute Resolution: PLEASE READ THIS SECTION CAREFULLY. ARBITRATION MAY LIMIT RIGHTS YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY MAY BE PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN ADDITION, YOU AND BRAVADO WIRELESS ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS CLASS
ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. BRAVADO WIRELESS, IN TURN, WAIVES ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS.
The user may reject this arbitration clause by sending Bravado Wireless a rejection notice (“Rejection Notice”) within 60 days after the date of the user’s phone activation or our disclosure of this section to the user. Any Rejection Notice must include the user’s name, address, Bravado Wireless Number and must be sent to: PO Box 9, Warner, Oklahoma 74469.
Any past, present or future claim, dispute or controversy (“Claim”) by either the user or Bravado Wireless against the other, or against the employees, agents, successors or assigns of the other, arising from or relating in any way to this Agreement or services provided to the user under this Agreement, including (without limitation) statutory, tort and contract Claims and Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved, upon the election by the user or Bravado Wireless, by binding arbitration. The party filing arbitration must choose one of the following three arbitration administrators: National Arbitration Forum; American Arbitration Association; or JAMS.
IF ARBITRATION IS CHOSEN BY BRAVADO WIRELESS OR THE USER WITH RESPECT TO A CLAIM, NEITHER THE USER NOR BRAVADO WIRELESS WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IF ARBITRATION IS CHOSEN, THE USER AND BRAVADO WIRELESS WILL NOT HAVE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT SUCH AS CLASS ACTION LITIGATION. OTHER RIGHTS INCLUDING THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY ARBITRATION. BY USING THIS SERVICE, THE USER EXPRESSLY WAIVES ITS RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
Choice of Law and Severability: This Agreement shall be interpreted under (1) the laws of the state in which the user is a subscriber, (2) applicable federal laws, and (3) any applicable regulations.
Miscellaneous: If Bravado Wireless waives any portion of this Agreement, the waiver will not be treated as a waiver by Bravado Wireless of any other provision of this Agreement, or a waiver of our right to enforce the portion Bravado Wireless has waived for any violation that occurs later. Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effect of this Agreement. The user may not transfer or assign all or any part of the user’s rights and obligations under this Agreement, or the user’s service, without our prior written approval. The benefits conferred pursuant to this Agreement are intended solely for the user and Bravado Wireless and there are no third-party beneficiaries to this Agreement. Bravado Wireless may transfer or assign its rights and obligations under this Agreement in whole or in part without giving the user notice or obtaining consent from the user. Upon its transfer or assignment of this Agreement, Bravado Wireless shall be released from all liability with respect to this Agreement. This Agreement is not for the benefit of any third parties except our parent and subsidiary corporations and any person or entity to whom Bravado Wireless may transfer or assign this Agreement.
Acceptance: Acceptance of the device and the associated service directly implies that the user accepts the aforementioned terms and conditions.