TABLE OF CONTENTS
Please read these SafetyNet Wireless Terms and Conditions of Service carefully. These SafetyNet Wireless Terms and Conditions of Service are a legally binding agreement between you and SafetyNet Wireless. They contain important information about your legal rights and require that certain disputes be resolved through Arbitration instead of a court trial. SafetyNet Wireless reserves the right to change or modify any of these SafetyNet Wireless Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these SafetyNet Wireless Terms and Conditions of Service will be binding upon you once posted on the SafetyNet Wireless website at www.SafetyNetwireless.com. You should check the SafetyNet Wireless website regularly for updates to these terms.
By enrolling in the Lifeline program, offered through SafetyNet Wireless, hereafter referred to as the SafetyNet Wireless Program (the SafetyNet Wireless “Program” or “SafetyNet Wireless”) and by using the SafetyNet Wireless service (the “SafetyNet Wireless Service” or “SafetyNet Wireless”), you (“You”), the participant, acknowledge and agree to the following terms and conditions:
SafetyNet Wireless offers Lifeline service, which is a government benefit program that provides discounts on monthly telephone service for eligible low-income consumers. Lifeline is supported by the federal Universal Service Fund (USF). In order to qualify for enrollment in the Lifeline program, a person must meet certain eligibility requirements established by the Federal Communications Commission and each state where the SafetyNet Wireless Program is offered. These requirements are based on a person's participation in a state or federal support program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the US Government. Federal law limits the availability of the SafetyNet Wireless Program. The Lifeline program allows only one (1) enrollment per “household”, and a household is defined as any individual or group of individuals who are living together as an economic unit. The Lifeline benefit is limited to one-per-household; therefore, no person currently living in the household may receive Lifeline benefits from any other Lifeline service provider, in order for you to currently be eligible. Applicants for the Lifeline program must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury, that they:
Applicants who qualify and are enrolled in the SafetyNet Wireless Lifeline Program will receive a free cellular phone handset provided by SafetyNet Wireless, a voice-grade connection, together with a free allotment of airtime minutes each month for up to one year. Free handsets provided by SafetyNet Wireless may be refurbished and will be capable of texting as well as making voice calls. Where available, SafetyNet Wireless will rely on state Lifeline Administrators to determine whether or not an applicant meets the eligibility requirements to participate in the SafetyNet Wireless Lifeline Program. For states where an eligibility database is not available, SafetyNet Wireless will determine if the applicant meets eligibility requirements.
Applicants who do not meet the eligibility requirements will be told the reason for their non-eligibility if applying in person or, via US Mail. Upon enrollment in the SafetyNet Wireless Program, you will be qualified to participate for up to one (1) year. To continue your enrollment in the SafetyNet Wireless Program after the initial year, you must verify annually that you are qualified for continued enrollment in the SafetyNet Wireless Lifeline Program as required by your state Public Service Commission, Public Utility Commission or other agency administering the Lifeline Program in your state. SafetyNet Wireless will also conduct verification drives for each state according to its rules. If SafetyNet Wireless determines during its verification drive, or at any other time, that a customer fails to continue to qualify for the SafetyNet Wireless Lifeline Program, such customer will immediately be deemed ineligible to participate in the SafetyNet Wireless Lifeline Program, will be de-enrolled from the SafetyNet Wireless Lifeline Program and will no longer receive the free monthly minutes. SafetyNet Wireless Customers who are no longer eligible (for any reason) for enrollment in the SafetyNet Wireless Lifeline Program must immediately notify SafetyNet Wireless that they no longer meet the eligibility requirements for enrollment. A SafetyNet Wireless customer's enrollment may also be cancelled upon the request of a state and/or federal authority.
SafetyNet Wireless reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s SafetyNet Wireless phone for fraud, misrepresentation or other misconduct as determined solely by SafetyNet Wireless. While participating in the SafetyNet Wireless Lifeline Program, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or SafetyNet Wireless Service provided to him/her. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE SafetyNet Wireless CELLULAR PHONE OR SafetyNet Wireless SERVICE PROVIDED TO YOU. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. If you have any questions, concerns, comments or complaints regarding the SafetyNet Wireless Program or Service, offerings or products, please call SafetyNet Wireless Customer Care at 1-888-224-3213. You may also contact your state's Public Service Commission/Public Utility Commission.
2. ACTIVATION AND USE OF SERVICE
Upon enrollment in the SafetyNet Wireless Lifeline Program, you will receive a SafetyNet Wireless wireless phone, either in person at the time of enrollement or delivered to your home address noted in the application. To activate your account, you must use the handset to contact SafetyNet’s customer service department. You must accept the SafetyNet Wireless wireless telephone number assigned to your SafetyNet Wireless wireless phone at the time of activation and you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the SafetyNet Wireless wireless Service are owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not SafetyNet Wireless. The number assigned to your SafetyNet Wireless wireless phone at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may NOT select a number to be assigned to your SafetyNet Wireless wireless phone. However, SafetyNet Wireless will take all steps necessary to initiate or allow a port-in or port-out, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the number. Your SafetyNet Wireless wireless phone can only be used through SafetyNet Wireless, and cannot be activated with any other wireless or cellular service. SafetyNet Wireless Services are provided at SafetyNet Wireless’ discretion. Some functions and features referenced in the Manufacturer's manual provided with your SafetyNet Wireless phone may not be available on your SafetyNet Wireless wireless handset. SafetyNet Wireless may modify or cancel any SafetyNet Wireless Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service.
3. AIRTIME RATES, PLANS AND INCLUDED MONTHLY MINUTES.
SafetyNet Wireless airtime is issued in minute (or unit) increments. Units are deducted from the SafetyNet Wireless phone plan at a rate of one (1) unit per minute or partial minute of use. There is no additional charge for nationwide long distance.
SafetyNet Wireless customers will receive a monthly allotment of airtime minutes
as per their package selected. You may use your monthly allotment of airtime minutes to place or receive calls or to send or
read text messages. Airtime minutes will be deducted for all time during which your SafetyNet Wireless phone
is connected to or is using the wireless system of any Carrier. Use of a wireless system typically begins
when you press the "send," "call" or other key to initiate or answer a call and does not end until you press the "end"
key or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including incoming
call waiting calls, simultaneous calls, calls to toll free numbers (800, 888, 877, 866, 855, etc.), 411, and to access
your voice mail. Airtime minutes are not deducted for calls to SafetyNet Wireless customer service by dialing 1-877-312-1961 or
611 from your SafetyNet Wireless handset. For simultaneous calls, such as incoming call waiting and 3-way calling
(where available) airtime minutes will be deducted for each call. Airtime minutes are not deducted for calls to 911, and
all handsets will be able to call 911 even if they have no airtime remaining. For outbound calls, you may be charged
airtime for incomplete and/or busy-no answer calls. No credit or refund is given for dropped calls.
Excessive Use Policy: SafetyNet Wireless applies an excessive use policy in conjunction with its “Unlimited” Service (where available). SafetyNet Wireless' Lifeline service is intended for residential use. If a subscriber exceeds 1,500 minutes/texts, the service will go into “hotline” status, which means the subscriber's calls will be directed to SafetyNet Wireless' Customer Service. The subscriber will be informed that the service is intended for residential use and that their usage is considered high for residential usage. The subscriber will be issued another 250 minutes/texts. If the subscriber runs out of minutes/texts again, the “hotline” status procedure will repeat. The subscriber will be given a maximum of 3 "adds" for a total maximum of 2,250 minutes/texts.
|Plan||Price/Mo||Voice Minutes||Text Messages||Incl. Data||RollOver|
|Lifeline Unlimited Text||$5.00||1000||Unlimited||0MB||No|
|Lifeline Basic - Data||$0.00||50||100||500MB||No|
|Lifeline Plus - Data||$5.00||200||500||500MB||No|
|Lifeline Unlimited Text - 500MB Data||$10.00||500||Unlimited||500MB||No|
|Lifeline Unlimited Voice/Text - 500MB Data||$19.99||Unlimited||Unlimited||500MB||No|
|Lifeline Unlimited Voice/Text - 1GB Data||$27.99||Unlimited||Unlimited||1GB||No|
|Lifeline Unlimited Voice/Text - 2.5GB Data||$37.99||Unlimited||Unlimited||2.5GB||No|
4. ADDING MINUTES, TOP-UPS
You may add minutes to your account at any time by purchasing one of the top-up plans we have available. You can purchase additional minutes using your credit or debit card at our website http://SafetynetWireless.com or, over the phone by calling our customer service department. You can reach customer service by dialing the number given to you when you enrolled or by dialing 611. You may also purchase a top-up plan by purchasing an AirFair card at your local 7-Eleven convenience store. Recharge minutes may be used to place or receive voice calls or text messages. Message rates are shown per plan below. Each top-up plan provides a set number of minutes available for a set number of days as shown below.
|Price||Minutes||Good For||Text Message|
|$5||50||30 Days||1 Text= 1 Min|
|$10||200||30 Days||1 Text= 1 Min|
|$20||500||30 Days||1 Text= 1 Min|
|$30||800||30 Days||1 Text= 1 Min|
|$50||1500||30 Days||1 Text= 1 Min|
5. TEXT MESSAGING
You may use your monthly allotment of minutes to send and/or open text messages. Text messages sent to you by SafetyNet Wireless are free of charge. The charge to send or open an incoming text message using your SafetyNet Wireless service will be as defined in the plan you have chosen. If you have exhausted your monthly allotment of minutes, you will need to purchase and redeem additional airtime minutes in order to continue to send text messages and open incoming text messages and to place and receive voice calls. If you do not want minutes deducted from your SafetyNet Wireless phone for text messaging, then do not send text messages or open incoming text messages. SafetyNet Wireless does not allow international text messages. Attempting to send international messages could result in service deactivation and de-enrollment from the SafetyNet Wireless Program. Please note that SafetyNet Wireless does not generally participate in Premium SMS services or campaigns. Premium SMS refers to text messages that are sent to a designated "short code" or buying or attempting to buy SMS services from anyone other than SafetyNet Wireless. Premium SMS campaigns include activities such as casting a vote, expresSign your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns unless it is a SafetyNet Wireless authorized campaign. Any text message you send to a "short code" will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium SMS services or campaigns not authorized by SafetyNet Wireless are not refundable whether you incur charges as deductions from your SafetyNet Wireless phone or from your credit card.
6. SERVICE END DATE, DEACTIVATION AND REACTIVATION
If your service is deactivated, you may reactivate your service by re-enrolling in the SafetyNet Wireless Program (if eligible). Upon reactivation of your phone, you may be assigned a new telephone number. Any airtime remaining on your handset at the time of deactivation will be reinstated if your phone is reactivated within 60 days from the deactivation date. If your phone remains inactive for more than 60 days, you will lose any remaining airtime.
If you have been de-enrolled from the SafetyNet Wireless Lifeline Program but you wish to keep your service active, you must purchase and redeem additional airtime and service days before the “Service End Date”. To prevent any interruption in your Lifeline phone service, please keep your handset service active by using it to place or receive a call every 30 days and by completing your annual re-certification as required by the SafetyNet Wireless Lifeline Program before your Service End Date.
7. TERMINATION OF SERVICE
You are entitled to a voice-grade connection. You may terminate your service without penalty at any time by notifying SafetyNet Wireless and returning your handset to us. Any applicable service connection charges and deposits will be refunded if you terminate service within three days of service activation, not including national holidays. You agree not to give away, resell or offer to resell the SafetyNet Wireless Phone or Service provided by the SafetyNet Wireless Program. You also agree your SafetyNet Wireless Phone will not be used for any other purpose that is not allowed by this agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE SafetyNet Wireless Program FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if You: (a) violate any of the terms and conditions of service; (b) lie to us or attempt to defraud us; (c) allow anyone to tamper with your SafetyNet Wireless Phone; (d) threaten or commit violence against any of our employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with our representatives; (f) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer's specification; or (k) use the service in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offenses (i.e., selling or giving away your Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
8. UNAUTHORIZED USAGE
The SafetyNet Wireless handset is provided exclusively for use by you, the end consumer with the SafetyNet Wireless Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your SafetyNet Wireless handset, including without limitation, any resale, unlocking and/or re-flashing of the handset is unauthorized and constitutes a violation of your agreement with SafetyNet Wireless. You agree not to unlock, re-flash, tamper with or alter your SafetyNet Wireless phone or its software, enter unauthorized PIN’s, engage in any other unauthorized or illegal use of your SafetyNet Wireless phone or the Service, or assist others in such acts, or to sell and/or export SafetyNet Wireless handsets outside of the United States. These acts violate SafetyNet Wireless’ rights and state and federal laws. Improper, illegal or unauthorized use of your SafetyNet Wireless phone is a violation of this agreement and may result in immediate discontinuance of Services and legal action against you. SafetyNet Wireless will prosecute violators to the full extent of the law.
"Roaming" occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your SafetyNet Wireless phone is roaming, an indicator light on your handset may display the word "Roam" or "RM" on the screen while the phone is not in use. Your SafetyNet Wireless phone does not allow roaming. You will not be able to make or receive calls while roaming.
10. FEES AND OTHER CHARGES
The types of fees or charges that you may incur depend on the service plan you are on and the service or feature used. Lifeline plans are free for the allotted number of plan minutes and don't incur fees or charges for use as intended. Although most operator services are blocked on our prepaid plans, you will be responsible for any charges that are incurred from such services. Since all services are prepaid, you will be required to pay in advance of receiving additional services or products such as additional minutes or a replacement handset.
11. LIMITATIONS OF SERVICE AND EQUIPMENT
SafetyNet Wireless handsets are designed to be activated on our networks and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions, as well as proximity. Service can only be available when in range of a transmission source, which you should be aware of when leaving your home area. Service is dependent on radio towers which require electricity to operate and could become non-functional in the event of a power outage if backup power is not available or runs out. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. At any time, SafetyNet Wireless reserves the right to substitute and/or replace any SafetyNet COMMUNICATION SE equipment (including handsets) with other SafetyNet Wireless equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer's manual for a particular SafetyNet Wireless handset may not be available on your phone. SafetyNet Wireless does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither SafetyNet Wireless, nor any Carrier, shall have any liability for service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your SafetyNet Wireless phone outside during a lightning storm. You should also unplug the SafetyNet Wireless phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
12. WARRANTY EXCHANGE AND LOST OR STOLEN PHONE POLICY
Warranty Exchange Policy: SafetyNet Wireless
customers shall have up to 60 days from the activation date of their phone to return any defective phone to SafetyNet Wireless.
SafetyNet Wireless will exchange a defective phone for a new or refurbished phone, at SafetyNet Wireless’ discretion, during
this period of time only. For a defective phone replacement, call SafetyNet Wireless Technical Customer Care at 1-888-224-3213.
Exclusions and Conditions: This limited warranty does not cover damage or failure caused by abuse or misuse of the phone or accessories. Your limited warranty excludes all direct, indirect, incidental and/or consequential damages, unless otherwise provided by law. A replacement phone can be purchased by sending a $35 Money Order to SafetyNet Wireless 2323 Curlew Rd., Suite 7B, Dunedin, FL 34698. Please clearly print your name and cellular phone number on the Money Order. The replacement phone will be replaced at SafetyNet Wireless’ discretion. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
13. DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU RECEIVE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
14. HEARING, VISUAL OR SPEECH IMPAIRED ACCOMODATIONS
Any hearing, visual or speech impaired persons interested in applying for a specially equipped SafetyNet Wireless must call SafetyNet Wireless at 1-888-224-3213 and specify the need(s) to an agent and SafetyNet Wireless will make every effort to assist such customer in obtaining a handset that is in compliance with all applicable laws, rules, and regulations.
15. EMERGENCY CALLS, 911 SERVICE
SafetyNet Wireless customers have access to 911. Your handset will be able to place calls to 911 even if you have no minutes available. It is advised, by Public Safety Officials, that you should be prepared to provide information about your location when making a 911 or other emergency call. Wireless service, unlike landline phones, uses less reliable methods to place calls and to determine your phone number and location. Network coverage can be adversely affected by weather, structures, buildings, geography, etc. Because of these factors, emergency operators may not be able to determine your location or your phone number, or, you may not be able to complete a call at all. Occasionally, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone. Enhanced 911 service, also known as E911, relies on GPS technology to obtain location information. This service is dependent on a number of factors such as the abilities of the local emergency authorities, GPS ability of your phone, whether your GPS enabled handset has GPS turned on, and your phones ability to obtain a GPS Satellite signal which can be impaired by being indoors, weather, etc. Even when available, E911 does not always provide accurate location information.
16. LIMITATION OF LIABILITY
SafetyNet Wireless is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. SafetyNet Wireless will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your SafetyNet Wireless phone is returned to SafetyNet Wireless for any reason, SafetyNet Wireless is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your phone or which may remain on your phone.
Pennsylvania law will govern regarding the services provided to Lifeline consumers residing in the Commonwealth.
The binding arbitration provisions will not apply to informal or formal complaints that are submitted to the Bureau of Consumer Services (“BCS”), other than complaints related to rates and entry.
Contact information for BCS for complaints or questions will be included in the Terms and Conditions
You agree to indemnify and hold harmless SafetyNet Wireless from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys' fees on account thereof) resulting from your use of a SafetyNet Wireless phone and/or use of the SafetyNet Wireless Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
19. BINDING ARBITRATION
This Agreement shall be construed under the laws of Georgia, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the Services.
You maintain your right to file a complaint with the
state Public Service Commission regarding the service provided and/or charges imposed by SafetyNet Wireless. Nothing in this
paragraph or this Agreement in any way eliminates or abridges that right.
Unresolved questions of complaints regarding Lifeline services may be directed to the following state agencies: Georgia, Kentucky, Pennsylvania, California
SafetyNet Wireless will not share your information with any other Company. SafetyNet Wireless will take appropriate steps to protect the information you share with us from unauthorized access or disclosure.