Terms & Conditions
Welcome to TruConnect ("us," "we," "our" or "TruConnect"). Thank you for choosing us as your carrier. Please read these Terms and Conditions carefully, as they apply to all TruConnect devices, services, and related products or features (collectively, the "Service" or "Services") that we provide to you. For any questions, please call Customer Service at (800) 430-0443.
TRUCONNECT TERMS AND CONDITIONS OF SERVICE
1. AGREEMENT. These Terms and Conditions contain important information and guidelines about your Service, and constitute an Agreement between you and TruConnect (the "Agreement"). The Terms and Conditions consist of several parts, which may be amended from time to time: (a) TruConnect Terms and Conditions, (b) TruConnect Privacy Policy, and (c) TruConnect CPNI Policy. You accept this Agreement by: (a) Activating your Service; (b) Opening a package that contains a notice stating you accept upon opening; (c) Using your Service or any related product or device; or (d) Paying for the Service. BY DOING ANY OF THE FOREGOING, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE. 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; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS AND YOUR AGREEMENT TO ARBITRATE DISPUTES. IF YOU HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, AND CONTACT TRUCONNECT TO HAVE YOUR QUESTIONS ANSWERED. When you accept, you represent that you are at least 18 years old and are legally able to accept an agreement. If you are accepting for an organization, you represent that you are authorized to bind that organization. By accepting, you agree to every provision of this Agreement, whether or not you have read it. Please read all parts of this Agreement carefully, including the MANDATORY ARBITRATION provision and the CLASS ACTION WAIVER provision. If you do accept, you can cancel your Service within 15 days of accepting this Agreement without having to pay an early termination fee as long as you return any equipment you purchased from us or that was provided to you by TruConnect in connection with your acceptance of the Agreement within 15 days.
2. DISPUTE RESOLUTION. Any Dispute between you and TruConnect shall be resolved, upon the election of either you or TruConnect, by binding arbitration. References in this provision to "Dispute" shall be given the broadest possible meaning and shall include any dispute, claim, or controversy arising from or relating to this Agreement or Services and/or Products provided under this Agreement, including but not limited to: (a) all claims for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (b) all disputes regarding the validity, enforceability or scope of this arbitration agreement (with the exception of its class action waiver); (c) all disputes that arose before this Agreement; (d) all disputes that arise after the termination of this Agreement; and (e) all disputes that are the subject of a putative class action in which no class has been certified. References in this provision to "us" include our parents, subsidiaries, affiliates, predecessors, successors, and assigns and our and their directors, officers, employees and agents. References in this provision to "you" include all beneficiaries of this Agreement and all users of the Services provided under this Agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court or bring Disputes to the attention of federal, state, or local agencies, including, but not limited to, the Federal Communications Commission. Because this Agreement and the Services provided under this Agreement concern interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act ("FAA"). The party initiating an arbitration may choose from the following independent, impartial arbitration administrators: www.adr.org
JAMS
1920 Main Street,
Suite 300
Irvine, CA 92614
(800) 352-5267
www.jamsadr.com
Copies of their respective rules for consumer disputes and forms and instructions for initiating an arbitration may be obtained by contacting them or visiting their websites. Any arbitration shall be conducted pursuant to the arbitration administrator's rules for consumer disputes in effect when the arbitration is initiated except to the extent they are inconsistent with this arbitration agreement. If the arbitration administrator will not enforce this arbitration agreement as written, the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a substitute arbitration administrator who will do so. The arbitrator shall enforce contractual, statutory and other limitation periods and shall honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered in any court having jurisdiction. If we initiate the arbitration, we will notify you in writing at your then-current account address or (if your account is closed) the last address at which we contacted you. If you initiate the arbitration, you must notify us in writing at the address set forth in the "Notices" section. If your Dispute does not exceed $10,000, we will reimburse your filing fee and will pay the arbitrator's other fees, costs and expenses. If you cannot pay the filing fee, you may request that we pay the filing fee directly. If, however, the arbitrator finds that your Dispute is frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the payment of the arbitrator's other fees, costs and expenses shall be governed by the arbitration administrator's rules. You may hire an attorney to represent you in the arbitration proceeding and may recover your attorneys' fees and costs in arbitration to the same extent as you could in court if the arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the arbitration proceeding but waive any right to recover our attorneys' fees and costs if the arbitration proceeding is decided in our favor. Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you. Parties agree that TruConnect may appear telephonically for any arbitration hearings under this Agreement. CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without a court or arbitrator determination of unenforceability. If a claim proceeds in court rather than in arbitration, for any reason, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. This arbitration agreement shall survive the termination of this Agreement or the Service relationship. Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party has the right to bring a Dispute or other legal action under this Agreement more than one (1) year after the Dispute arose.
3. START OF SERVICE AND RATE PLANS
When you activate Service, you may receive a Service Contract, a Rate Plan, and/or a copy of these Terms and Conditions. These materials and any documents expressly referred to herein or within those documents, if any, make up the complete Agreement between you and TruConnect and supersede any and all prior and contemporaneous agreements, arrangements, representations, advertising, contracts, statements, offers, and understandings relating to the subject matter of this Agreement, whether oral or written, including, but not limited to, all previous versions of the Terms and Conditions. You cannot rely on any other documents or statements by any sales person, service representative or other agent and you acknowledge and agree that you have not relied on any representation, assertion, guarantee, warranty, contract or other assurance, stated or made by anyone except those set out in this Agreement. Contact us by writing to the address set forth in the "Notices" section or by calling the appropriate customer service number applicable to your Service, as provided at the TruConnect website if you (a) are missing any of these materials or documents, (b) would like printed copies of any of them, or (c) if you have any questions about them.
This Agreement governs the sale, use, and delivery of the Services to you (the purchaser or user) by TruConnect. Certain other laws and binding tariffs for certain Services, which can be found at the TruConnect website, may also govern our provision of Services to you and these laws are incorporated in their entirety by this reference into this Agreement as if set forth specifically in this Agreement. Your Services are also subject to, and you agree to adhere to, our business policies, practices, and procedures, which we can change without notice to you (collectively, the "Policies"). Our Services and Rate Plans are intended for reasonable use. The Rate Plan you select determines the charges you are required to pay for Service, including any applicable fees and surcharges. Offers may not be available everywhere or combinable with other promotions/options.
4. CHANGES TO AGREEMENT. We may change this Agreement at anytime, including the Rate Plan that you selected upon initiation of Service. The Rate Plan, as modified by us from time to time in accordance with this Agreement, will remain in effect for the Term of your Service, until or unless we change your Rate Plan or you choose to subscribe to a different Rate Plan, if available to you. If you wish to change your Rate Plan, you may contact us to request a change. Rate Plan changes may not be effective immediately, and you may be required to pay to make such changes. We may change the price and structure of your Rate Plan, and/or modify the costs, services, or requirements of our Rate Plans at any time without prior notice to you.
With respect to domestic and/or international long distance, roaming, or any other Services TruConnect provides, we may change the locations where such Services may be used or where calls can be placed, or rates and terms applicable to such locations, without prior notice to you. Third parties may impose charges upon TruConnect for providing Services to you, and you agree to pay any such charges that TruConnect passes through to you. If you are an existing customer, you will be notified at least 15 days in advance of any proposed changes that may result in more restrictive terms or conditions, unless a longer period is required by law. After that time period, any such changes will be effective. You have the right to refuse to accept these changes. If you do not want to accept the changes, you must notify us in writing within 30 days of the date of the change that you wish to terminate service. If you do not notify us that you wish to terminate service within that time or if you continue to use the service after the changes, you indicate your agreement to be bound by the changes. Notwithstanding any termination, amounts previously paid are non-refundable.
5. FOREVER DATA SERVICES. We may offer to you, and you may choose to purchase from us data from our Forever Data offering. As long as you use your Forever Data at least once every 60 days and your account is active, your Forever Data will not expire. Your Forever Data will be terminated if your Services are suspended or terminated pursuant to this Agreement for any reason. Once your Forever Services expire, they will not be reinstated for any reason, and you will not be entitled to any refund.
6. TERMINATION RIGHTS. You may cancel your Service at anytime by contacting TruConnnect. You will still have to pay for your Service through the date of cancellation. Subject to applicable law, equipment may only be returned in accordance with the return policies of the retailer that you purchased your equipment form. If you purchased equipment directly from TruConnnect, you will be charged the difference between the amount you paid TruConnect for the equipment and the amount you would have been charged for the equipment had you not agreed to a Service Contract. No activation fee will be refunded, regardless. After the first 15 days, you may terminate your Agreement for any reason. However, if you do, you agree to pay any and all fees, charges, and/or other amounts incurred and owed by you to TruConnect under your Agreement, plus any applicable early termination fee under your Service Contract. Pre-paid Service is not subject to an early termination fee or minimum initial term. After your initial term ends and your Service continues on a month-to-month basis, you may terminate the Agreement at any time.
7. CHARGES. You are responsible for paying all charges for Service provided under this Agreement ("Service Charges"). Service Charges include, but are not limited to the following:
- Airtime charges;
- Data usage charges, as applicable;
- Recurring monthly or weekly charges;
- Charges and taxes for optional Service features that you select;
- Roaming or international long distance charges, as applicable;
- Any Service reconnection charges that may apply;
- Any charges or calls billed to your phone number; and
- All applicable taxes and regulatory charges whether assessed directly on you or us
Usage and fees will be charged as specified in your Rate Plan or Service Contract. You are responsible for all charges to your account, whether or not you were the user of the device. For certain tax inclusive Rate Plans, only applicable taxes and regulatory charges may be included in the Rate Plan price. You must pay all taxes, fees and surcharges set by federal, state and local governments. To determine taxes, fees and surcharges, we will use the street address you identified as your Primary Service Address ("PSA"). If you did not identify the correct PSA, or if you provided us with an address that is not a recognized street address, does not identify the applicable taxing jurisdictions, or does not reflect the Service area associated with your telephone number, you may be assigned a default PSA. You acknowledge and agree that a default PSA may affect your ability to receive E-911 assistance and you agree to indemnify and hold TruConnect harmless for any and all claims relating to your failure to provide a valid PSA. In addition, if you are not on a tax-inclusive plan, you agree to pay all regulatory administration charges, which may include, but are not limited to, Subscriber Line Charges (“SLC”’s), Regulatory Cost Recovery Fees (“RCR”’s), various administrative charges, gross receipts charges, margin taxes, and charges for the costs we incur in complying with governmental programs. Regulatory administration charges are not taxes and are not required by law. We set these charges, and the amounts and what they include are subject to change. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of such charges may vary depending upon your PSA and are subject to change. We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. Changes to taxes, fees and surcharges will become effective as provided by the taxing or regulatory authority and changes to regulatory administration charges shall be effective immediately. You may authorize recurring payment of your charges or for your prepaid service through a credit or debit card or bank transfer authorization, which authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to 5 days prior to the due date and to demand immediate payment from the card or debit issuer or bank. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging your bill to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. You may also make a payment by credit or debit card online through the TruConnect website, or via phone through customer service. You may pay your bill by bringing cash or a check or money order in person to any TruConnect store or a third party bill payment provider location. You may be required to pay an additional processing charge, depending on the payment method you choose. If you pay with a check or another negotiable instrument that is returned unpaid by a financial institution for any reason, we may charge an additional fee of up to the maximum amount permitted by law for each returned item. We reserve the right, in our sole discretion, to require that you pay your bill with cash, certified check, cashier's check or money order. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement. If we do not receive payment in full by the due date on your bill, you may be charged a late fee, subject to the maximum allowed by law. We may require a deposit.
8. DEPOSITS. You agree that we may apply deposits, payments, or prepayments in any order to any amount you owe to us on any account, and that you may be required to increase or replace your deposit amount. We will refund deposits and final credit balances upon request, unless otherwise required by law.
9. PAYMENT DISPUTES. You can dispute your charges within sixty days of being charged. Unless otherwise provided by law or if you are disputing charges because your device was lost or stolen, you are still required to pay all charges until the dispute is resolved.
If you dispute any charges, you must notify us in writing at the address set forth in the "Notices" section within sixty of days of the charge for a prepaid account or the date of receipt of the bill with charges to be disputed, or else you will have waived your right to dispute the charge. If you accept any credit, refund or other compensation or benefit to resolve a disputed charge, you agree that the issue is fully and finally resolved and such credit shall act as an accord and satisfaction.
10. NO REFUNDS. Amounts paid for service charges are non- refundable. If your service is terminated for any reason and you have a positive balance in your service account, you will not be entitled to receive any refund.
11. USE OF SERVICE. You agree to use the Services in accordance with this Agreement and to comply with all applicable laws. You agree to indemnify, defend, and hold harmless TruConnect from any claims arising out of, relating to, or in connection with, use of your device or service, your acts or omissions, including, but not limited to, any violation by you of the terms and conditions of this agreement, the policies, or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority, your use of the device or service and any information you submit, post, transmit or make available via the service, failing to provide appropriate notices regarding location-sensitive services, or failure to safeguard your passwords, or backup security question to your password or any other account information. We reserve the right to limit, suspend, or terminate your Service for good cause. You agree not to misuse the Service in any way, including but not limited to the following actions:
- Reselling or rebilling the Service or our devices;
- "Spamming," telemarketing, or engaging in abusive or unsolicited communications, or engaging in any other mass, automated voice or data communications for commercial purposes;
- Using the Service to engage in unlawful activity;
- Using the Service as a dedicated private line or continuous connection;
- Using the Service in a way that adversely affects our business, customers, or any other persons, or that interferes with our operations, network, reputation, or ability to provide service;
- Using the Service to provide a commercial or private dispatch service;
- Using the Service in connection with server devices or host computer applications, including continuous or automated devices or applications that could disrupt net user groups or email use by others, or other applications that harm network capacity or functionality;
- Accessing or attempting to access without authority the information, accounts, or devices of others, or penetrating or attempting to penetrate TruConnect's or another entity's network or systems;
- Running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or
- Assisting anyone else in any of the above activities.
You agree that a violation of this section harms TruConnect, and that harm cannot be fully remedied by monetary damages. You agree that we are entitled to immediate injunctive relief in addition to all other remedies available if a violation of this section occurs. You further agree that TruConnect is not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
12. TRUCONNECT’S RIGHTS REGARDING SERVICE. TruConnect may discontinue providing Service to you, change the Services provided, change your Rate Plan, reduce the speed of any Service provided, cap or restrict the amount of use of any Service, discontinue or suspend your account, or discontinue or limit providing connections to particular telephone numbers, providers, features, services, or types of services used, requested or called by you or allowing the provision of certain services or services in certain areas, such as pursuant to roaming arrangements, at certain times, or at certain speeds that, in the sole judgment of TruConnect, appear likely to generate abnormally high call volumes, abnormally long average call lengths, calls with abnormally high costs, abnormally high use, or other disproportionate use when compared to those of other customers of TruConnect, numbers or types of services or which may be harmful, disruptive, or interfere with TruConnect's system or services to other customers. We may, but are not required to provide notice to you before taking any of the foregoing actions. By activating and using any TruConnect Service, you acknowledge and agree to TruConnect's ability to modify or terminate your Service under these circumstances.
In addition, we may limit, suspend, or terminate your Service or the Agreement without notice for good cause, including, but not limited to the following reasons – if you, or any user on your account:
- Breaches this Agreement;
- Incurs charges greater than any billing or credit limitation on the Account;
- Provides inaccurate information or credit information that TruConnect cannot verify;
- Lives in an area where TruConnect does not provide service, or more than 50% of our voice and/or data usage is Off-Net for any three billing cycles within any twelve month period;
- Transfers Service to another person without TruConnect's consent;
- Becomes insolvent, enters or threatens bankruptcy (except as prohibited by law);
- Misuses the Service or any devices as described above;
- Uses the Service or Device in a manner that is excessive, unusually burdensome, or unprofitable for TruConnect; or
- Is on a Rate Plan that TruConnect determines, in its sole discretion, is no longer available.
13. NETWORK MANAGEMENT. We reserve the right to manage our network in the way that best enables us to maintain Service for our customers and minimizes capacity and degradation in the network. Our ability to provide Service to our customers is disrupted when you place an abnormally high number of calls, repeatedly place calls which result in abnormally long call lengths, repeatedly place calls with abnormally high costs, high or disproportionate use, or otherwise use our Services or network in excess of the normal or expected amount of use. Therefore, we reserve the right to discontinue or block Service to certain customers, telephone numbers, or categories of service, to terminate calls or services as described above, to reduce the speed at which services are provided, and/or to restrict the amount of an account's usage.
14. DATA SERVICES. Unless data Services are included in your Rate Plan, your device may not be able to access data, or you may be charged for data on a pay per use basis. We provide data and messaging Services that may include features that can be used with Data Services and wireless content and applications ("Data Services"). We may meter your usage of Data Services depending on your selected Rate Plan. For Data Services with a data usage limit, when you near your data limit, we may send a text message or email to alert you that you are approaching your data limit. We reserve the right to alter the types of usage that are permissible for Data Services. Because the absolute capacity of the wireless data network is limited, Data Services may only be used for permissible purposes in accordance with this Agreement. Pricing for Data Services is device dependent and based on the capabilities and capacity of each device. Compatible data- enabled wireless devices are required. Data Services usage includes, but is not limited to, the actual data sent and received along with overhead, header packets, and may include other information sent in connection with a data session in which use of Data Services occurs. Usage of Data Services on other carriers' networks may not be available or may be limited. Charges and availability are based on the location of the cell site receiving and transmitting the Data Services. Your Data Services are intended for web browsing, messaging, and similar activities on your wireless device. For unlimited data plans (if any), except to the extent permitted explicitly in your Rate Plan, other uses, including using your device as a modem or tethering your device to a computer or other hardware, are not permitted. Data Services may include, for example, multimedia streaming and video on demand services, as well as certain multimedia uploads, downloads and gaming services and applications. Uploads are data sessions where the data is transferred from your Wireless Device to some other computer or wireless device, while downloads are data sessions where the data is transferred from some other computer or wireless device to your Wireless Device. Data Services do not include any services or uses that are prohibited under this Agreement. You acknowledge and agree that your Data Services usage may vary depending on certain factors outside of our control, including but not limited to the amount of users on the service, network congestion, the distance to the serving cell site, the number of users served by your serving cell site, the management of backhaul at the serving cell site, any application(s) you are using for your data session, the screen size of your Wireless Device, the bit rate(s) of your data session, the type(s) and amount(s) of compression used by the computers or wireless devices involved in the data session, and any error(s) that might occur in the data session. You may review and assess your Data Services usage during an applicable service cycle by using one of our automated systems. Any application on your Wireless Device that claims to describe the amount of data usage does not necessarily reflect your actual usage of Data Services.
If you exceed your allotted amount of Data Services during any service cycle, your Data Services may be suspended or terminated. If your Data Services are suspended or terminated during any service cycle, you acknowledge and agree that you will be required to purchase additional Data Service during the affected service cycle in order to resume your Data Services capability during that service cycle. Your Data Services ability will resume during the next service cycle if you choose to purchase additional Data Service during any affected service cycle. You acknowledge and agree that purchasing additional Data Service to allow additional Data Services is your sole and exclusive remedy. Your Data Services usage limit will be reset at the beginning of each service cycle. Data Services charges must be paid in advance and are non-refundable. Some Data Services may be subject to additional charges and restrictions. You are not entitled to any refund for any portion of your Data Services that are not used by you during a monthly plan service cycle, and we do not allow for roll over of any unused Data Services usage limits unless explicitly indicated in the Data Services offering.
15. DATA RESTRICTIONS. TruConnect’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. TruConnect has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
16. DATA SPEEDS AND MEASUREMENT. Actual speeds may vary depending on location and device capability. Data usage is measured in kilobytes, not minutes. Usage rounding occurs at the top of each clock hour while in a session and at the end of each session, and is then deducted from your account balance based on the terms of your plan. Data usage will be assessed for all data directed to the Internet address (“IP address”) assigned to your device, regardless of who initiates the activity or whether your device actually receives the data. Depending on plan, TruConnect may throttle data speeds to less than 4G as disclosed.
17. MINUTES AND MESSAGING. Airtime and other measured voice usage charges are calculated from when your Device first initiates contact with a network until the network connection is broken, whether or not the connection was successful (e.g. busy or no answer calls). Call times are measured in whole minutes and rounded up to the nearest minute. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assist