PLAN TERMS & CONDITIONS

Last Updated: July 4, 2024.

Your Telxmedia service is provided by Telxmedia, LLC, including its affiliates, assigns and agents (“Telxmedia,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with Telxmedia and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our website Terms of Use located at telxmedia.com/site-terms-of-use, (iii) our Privacy Policy located at telxmedia.com/privacy-policy, (iv) our Acceptable Use Policy located at telxmedia.com/acceptable-use-policy, (v) our Mobile Application End User License Agreement, at https://www.telxmedia.com/app-end-user-license-agreement, (vi) any subscriber agreement or transaction materials that you sign or accept, (vii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (viii) any confirmation materials that we may provide to you, (ix) the terms set forth in any applicable coverage map brochures, and (x) any other supplemental terms and conditions that we provide or otherwise make available to you. In the event of a conflict between these T&Cs and any other materials that makeup the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict

Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, embedded SIM (“eSIM”) (SIM card and eSIM, to the extent either technology may be available to you depending on your Device, your Service, and/or any other factor(s) in our sole discretion, are referred to interchangeably as “SIM,” “SIM Card,” and/or “SIM Kit”), data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, SIM Charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (collectively, “Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.

1. Acceptance. YOUR AGREEMENT WITH Telxmedia STARTS WHEN YOU ACCEPT. You represent that you are at least the age of majority in your state of residence (twenty-one (21) years old or legally emancipated if you are a Puerto Rico customer) and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or a “Telxmedia Device” (a Device purchased from Telxmedia, a Telxmedia dealer, or other Telxmedia authorized retailer (“Dealer”) for use with the Telxmedia Service). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
2. Dispute Resolution and Arbitration. Telxmedia AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, MARKETING PRACTICES, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This binding dispute resolution and arbitration process (the “ADR Process”) shall also apply to any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. This also includes any claims brought after your service agreement with Telxmedia terminates. The ADR Process shall survive the termination of this Agreement. For the avoidance of doubt, the above phrase “any and all claims or disputes” includes any claims under the Telephone Consumer Protection Act, which are also subject to this ADR Process. As provided in Section 22 below, the Parties expressly agree that the arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of enforcing any arbitration award, Telxmedia and you agree that the exclusive venue shall be in the state of NEW YORK. Notwithstanding the foregoing, please be advised this Agreement affects interstate commerce, such that federal law would preempt state law. To the extent allowed by law, you agree to waive any argument that this Agreement does not affect interstate commerce.

WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, Telxmedia AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, Telxmedia AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.

Pre arbitration Dispute Resolution. Before initiating any arbitration against Telxmedia, you must comply with this provision. For all disputes, you must first give us an opportunity to resolve your claim by calling our customer service department at (212) 290-9010 and providing a written description and supporting documentation of your claim, if requested by the Telxmedia. Telxmedia and you each agree to negotiate your claim in good faith. If Telxmedia and you are unable to resolve the claim within three years (3) years after Telxmedia receives your claim description and supporting documentation, you may pursue your claim in arbitration.

Telxmedia and you agree that if you fail to timely pay amounts due, Telxmedia may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement.

Either you or we may start arbitration proceedings following the above described 3 year period. .

You AGREE that no damages against Telxmedia would exceed  fifty Dollars ($50.00.

CLASS ACTION WAIVER. Telxmedia AND YOU EACH AGREE THAT ANY 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 IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Telxmedia.

1. Refunds; Cancellation or Termination of Service Plans.
   you may cancel or we may terminate (in accordance with our T&Cs and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and/or our plan refund policies, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated by us.

Activation period. All service plans, including promotional plans and Trial Plans, must be activated within 45 days following the date of purchase. We reserve the right to suspend or terminate any plan or service that is not activated within 45 days following the date of purchase.

1. Our Rights to Make Changes. This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE Telxmedia WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE Telxmedia WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT (800) 683-7392, OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE Telxmedia WEBSITE. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.
2. Compatible Devices. You must use a supported, compatible Device to access the Telxmedia Service via the Telxmedia network. Only certain phones and tablet computers are supported Devices. Supported Devices may include Devices that do not permit use of an eSIM and/or SIM card. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network will result in immediate termination of your Service.
3. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.
4. Important Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Telxmedia is not responsible for failures to connect or complete 9-1-1 calls for any reason whatsoever, including without limitation if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither Telxmedia nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you are porting a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available. For important information concerning your limited ability to access 9-1-1 emergency services when connected to Wi-Fi Calling on a compatible Device, including your obligation to provide us with your most recent physical location (your “Registered Location”) whenever using the Wi-Fi Calling feature, please refer to Section 8.8 (Wi-Fi Features) of these T&Cs, as well as the 911 & E911 Disclosure posted on the Telxmedia website www.telxmedia.com/911-disclosure, and incorporated into Section 8.8 of these T&Cs by reference.
5. Service Plans.
   8.1 General. Your Service will operate only after you have purchased and redeemed a Telxmedia Service plan 
6.  
7. 8.2 Charges. You agree to pay all Charges, including SMS Charges, that we bill you or that were accepted or processed through your Device. All Telxmedia Service plans are measured on 30-day monthly cycles (including for purposes of determining your data usage levels, except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. We may offer you the opportunity to set up automatic payments through the method of payment on your account, which payments will be automatically charged at the end of your applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You may cancel Auto Renew or review your payment preferences at any time by (i) contacting our customer service department at (212) 290-9010, or (iii) managing your account preferences on the Telxmedia website. You must change your Auto Renew preferences or cancel 24 hours prior to the end of your payment cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Auto Renew. For disputed Charges, see Section 11.

Telxmedia may provide you with the opportunity to purchase certain of our Services via SMS text messages using your Device (“SMS Charges”). SMS Charges must be enabled through your Telxmedia Account. All SMS Charges, including applicable Taxes, Fees, and Surcharges, will first be deducted from the balance in your Telxmedia Wallet, and any remainder, if any, will be charged to your credit card. If there is no balance in your Telxmedia Wallet, your credit card will be charged for the amount of the SMS Charge. Please note that Telxmedia Wallet balance, renewal balance, and amount due, may be displayed in $0.01 (one cent) increments only, and may be rounded down to nearest $0.01 (one cent) to ensure accurate recharge amount is calculated and to avoid service interruption. By opting into SMS Charges, you agree to provide us with accurate and complete payment information and to immediately report to us all changes to your payment information.

8.3 Voice Usage. Telxmedia Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time our network supplier begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects. Primary use of voice and SMS (text) services must occur within the U.S.

8.4 Data Usage and Messaging. Telxmedia Service plans include a data plan (“Data Plan”) as part of your Service. Data services are intended only for personal use; unless international data roaming is purchased as an add-on, data services are exclusively for use within the U.S. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We may use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.  All data purchased through a Telxmedia Service plan (both data that comes with a particular Telxmedia Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Telxmedia Service plan for any reason.

8.5 Permissible and Prohibited Uses. Your Data Plan is intended for personal Web browsing, messaging, and similar activities on your Device and not on any other equipment. Primary use must occur in the U.S. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also subject to our Acceptable Use Policy located at telxmedia.com/acceptable-use-policy. 

8.6 Data Usage Level. Telxmedia has set a monthly (30-day or 31-day, depending on the plan purchased; see above Section 8.2 for explanation of monthly cycles) 5G and/or 4G LTE data usage level (“Usage Level”) for each of the Telxmedia Service plans, including our Unlimited plan. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Data for personal use in U.S. only. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day or 31-day period (“Usage Total”), exceeds the 30-day or 31-day Usage Level for the Service plan you selected, at which point you may be unable to send and receive data (which may prevent you from sending or receiving MMS messages) over the Telxmedia network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device or your Mobile HotSpot (tethering), but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded. Telxmedia or its network supplier will reduce the speed at which you can send and receive data over the Telxmedia network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Certain data-intensive activities including but not limited to online gaming, file downloads/uploads, and video streaming, may be limited and/or inaccessible on network after data is reduced. For all Service plans, Telxmedia’s network supplier may also reduce speeds during times of network congestion.  Once you begin a new 30-day or 31-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored, subject to all limitations listed in these T&Cs (including, but not limited to, to the Data Usage Level limitations listed herein, 5G and/or 4G LTE network availability, a capable device and SIM within an appropriate coverage area, and the actual network speeds of Telxmedia’s network supplier). Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day or 31-day Usage Level if you use streaming video and/or a Mobile HotSpot (tethering), if you download significant quantities of music files, movies, and/or software applications, and/or if you engage in other high-bandwidth activities.

8.7 Protective Measures. For an explanation of our right to limit or end the Service please refer to Section 15 below. Without limiting our right to so limit or end the Service, and to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we or our network supplier may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we or our network supplier may suspend, terminate, or restrict your data session, prioritize on-Device over Mobile HotSpot (tethering) traffic, or switch you to a more appropriate Data Plan which may result in an increased cost. We or our network supplier also manage the network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we or our network supplier may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we or our network supplier may prioritize on-Device data over Mobile HotSpot (tethering) data. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition.

8.8 Wi-Fi Features. Telxmedia, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Telxmedia, Wi-Fi Calling will only be available for Telxmedia customers that (i) have a Wi-Fi capable Device with Telxmedia supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Support or updating preferences in account management, and updating the applicable Wi-Fi calling settings on your Device, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on Telxmedia’s network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than calling 9-1-1 via traditional telephone services (wireless or wired), including the traditional wireless telephone services offered by Telxmedia (see our complete 9-1-1 & E911 Disclosure posted on the Telxmedia website at telxmedia.com/911-disclosure, which you hereby agree to and is incorporated herein by reference). Solely by way of example, and without limiting any of the disclosures contained in our 911 & E911 Disclosure, 9-1-1 may not work during internet outages or disruptions, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, from any location. In addition, if Telxmedia makes Wi-Fi Calling available to you, you must provide us with any update, the physical location at which you will use Wi-Fi Calling (the “Registered Location”). If your Registered Location changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other physical location), you must promptly update your Registered Location with Telxmedia. You may provide us with your Registered Location at any time within the applicable device settings of a compatible Device. If you do not provide us with an accurate Registered Location and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 24 hours for changes in address to be updated, and you should notify Telxmedia in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER Telxmedia NOR ITS NETWORK SUPPLIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). For additional information regarding dialing 9-1-1, either with or without Wi-Fi Calling, please see Section 7 of these T&Cs. Wi-Fi Calling may decrement Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the Device.

8.9 Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by Telxmedia. Telxmedia is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Telxmedia is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.

8.10 Use of Information. If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party. If you access or use any Content & Apps through the Telxmedia Service, you agree and authorize Telxmedia and its network supplier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

8.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Telxmedia coverage area. Check your Device to determine if you are Roaming. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming Charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the Telxmedia website. Please check our website frequently so that you are aware of our Roaming Charges and rates and any changes thereto. Please note that certain international roaming services may be offered on select plans; however, this feature does not include any international data roaming services (which must be purchased for an additional fee).  This feature, if offered, may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).

8.12 Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 30 days. If your account is not reactivated within the 30-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled accounts, we may reassign the phone number associated with your account, and may be unable to transfer that number to a different carrier.

8.13 eSIM. Only available on compatible and eligible, unlocked devices, on certain plans, at certain times, in Telxmedia’s sole discretion. Compatible and eligible devices, and the availability of eSIM (or SIM cards), are subject to change in Telxmedia’s sole discretion. Customers with compatible and eligible devices are permitted to switch between an eSIM and a physical SIM card and vice versa. Limited to one activated eSIM per device.

1. International Long Distance / Global Text.
   9.1  General. All international long-distance services included in your Service are handled by a third party not affiliated with Telxmedia, and are delineated on your receipts separately from the services provided by Telxmedia.

9.2  International Roaming. Your Telxmedia Service plan may include, or we may offer for purchase on certain select Service plans, international roaming credits or daily or multi-day passes (collectively referred to in these T&Cs as “Credits”), including 1-day, 3-day, 10-day and/or other multi-day passes offered via Telxmedia international Pass, for your use of certain types of international roaming service (e.g., voice, SMS, and/or data roaming) while you are traveling abroad. The amount of Credits that you receive in connection with your Service plan, and the type and format of those Credits (including, in the case of daily or multi-day passes, the exact duration of the pass), may be determined by us in our sole discretion, and additional details are available on our website. When your balance of Credits is zero (or, in the case of daily or multi-day passes, when the time allotment of the pass has expired), you will not be able to use international roaming Service. Please be aware that except as provided by these T&Cs, Telxmedia will be under no obligation to offer any refunds or reimbursements for Credits that you receive from Telxmedia.

9.3 International Texts. “Global Text” and “Unlimited Global Text” means text or unlimited text only to applicable mobile-to-mobile destinations, and excludes audio, picture, and video messaging.  Data usage rates and Charges may apply if you send audio, pictures, and/or video messages to an international mobile-to-mobile destination. Pursuant to Section 8.11, this feature may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).

1. Taxes, Fees and Surcharges.  You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 10.1 – 10.5 below (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account Charges (a) at the time you order the Service and (b) each time there are any further Charges to your Service account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service and will be billed to your credit card.

10.1 Recovery Fee. The Recovery Fee is not a government tax or fee. The Recovery Fee is assessed by Telxmedia to help recover Telxmedia’s administrative and certain other costs associated with complying with various federal, state, municipal, local, and other governmental programs, statutes, regulations, taxes, fees, and charges, now in force or enacted in the future.

• Telxmedia Service Plans
  The Recovery Fee is calculated as a flat, per-plan fee, which is applied to help recover other administrative fees help recover other administrative fees.

Although added to the overall Charges, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice.

• For 1GB plans the the recovery  fee will  be $1.36 monthy
• For 3GB plans the the recovery  fee will  be $2.00 monthly
• For 5GB plans the the recovery  fee will  be $2.80 monthly
• For 20GB plans the the recovery  fee will  be $4.25 monthly

10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Telxmedia’s contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Telxmedia charges its customers the then-applicable rate charged to Telxmedia by USAC.

10.3 Federal Regulatory Recovery Charge. The Federal Regulatory Recovery Charge includes costs imposed by regulation on telecommunications providers including, but not limited to, funding Telecommunications Relay Service for customers who are deaf, hard-of-hearing, or have a speech disability, and national number administration and number portability.

10.4 Other Government Fees. Certain other government fees require a Zip code to calculate, since they vary depending on your location. Please see below Section 10.5 (Government Taxes) for a description of how we may determine your Zip code for these other government fees. These other government fees include federal, state, municipal, local and other governmental fees now in force or enacted in the future, including without limitation:

(a) The State Universal Service Fund Fee. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Telxmedia may choose to charge its customers to recoup the state universal service fund fees charged to Telxmedia.

(b) Local 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1.  Determination of the applicable 9-1-1 charges depends on where you purchase Telxmedia Service.  Telxmedia may bill its customers for 9-1-1 charges.  Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or multi-month receipt.

10.5 Government Taxes. Certain federal, state, municipal, local or other governmental Government taxes, including without limitation sales and use taxes, now in force or enacted in the future, are assessed as a result of your subscription to, use of, or payment for Telxmedia Service. To determine government taxes, we will use the street address on file. If a credit card address is not on file, then we will use the ZIP code you entered upon activation of the Service. If activation ZIP code does not exist, then we will default to the ZIP code of Telxmedia’s headquarters: 10001. The address on file for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct address, or if you provided an address (such as a PO box) 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 the above described ZIP code for tax purposes. In the event of a disputed tax jurisdiction location being assigned

Your Right to Dispute Charges.
11.1 Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within twenty-four(24) hours) after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. This paragraph is notice to Puerto Rico customers that payment of undisputed Charges is due when stated on your bill, regardless of any dispute.

1. Notices and Customer Communications.
   12.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your address on file.

12.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Device. We may place such calls or texts to (i) provide notices regarding your Telxmedia account or account activity, (ii) investigate or prevent fraud,(iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply.

12.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Telxmedia Service. Where Telxmedia is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by contacting our customer service department at (212) 290-9010, 

Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage Charges incurred in excess of your Service plan Charges, and applicable Taxes, Fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable Taxes, Fees and Surcharges. We may prevent a lost or stolen Device from registering on any network.  For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.

1. Misuse of Service or Device. By activating or renewing Telxmedia Service with Telxmedia, you agree that you do so because you want Telxmedia Service from Telxmedia and not for any other purposes. Telxmedia Service plans may only be used for the following purposes (and your use of Telxmedia Service must be initiated from your supported, compatible Device or Mobile HotSpot (tethering)): (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) Internet browsing and ordinary content downloads. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) using the Service for automated text or picture messaging to another mobile device or email address; (f) uploading, downloading or streaming of continuous video or audio; (g) tampering with or modifying your Telxmedia Device; (h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (i) reselling Telxmedia Devices for profit, or tampering with, reprogramming or altering Telxmedia Devices for the purpose of reselling the Telxmedia Device; (j) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing; (k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Telxmedia’s or another entity’s network or systems; (l) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text and picture messages not originated from the Device; or (n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.
2. Our Rights to Limit or End Service or the Agreement.
   15.1 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.

Telxmedia reserves the right to cancel or deactivate Telxmedia Service or reduce data throughput speeds in order to protect its network supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Telxmedia Service or any credit card “chargebacks.” Telxmedia reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Telxmedia believes is using the Telxmedia Service in an unauthorized manner or whose usage, in Telxmedia’s sole discretion, adversely impacts its network supplier’s network or customer service levels. Telxmedia will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Telxmedia’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Telxmedia’s network supplier’s network or service levels or to Telxmedia’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.

Telxmedia may discontinue providing Telxmedia Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Telxmedia: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Telxmedia customers; or (ii) may be harmful or disruptive to, or interfere with, Telxmedia’s network supplier’s network, Telxmedia’s service or the ability to provide quality service to other customers. By initiating Telxmedia Service and placing or receiving calls, you acknowledge and agree to Telxmedia’s right to terminate your Service under these circumstances.

If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.

This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 14 and 15 in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Telxmedia’s sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.

15.2 No Future Service. In the event Telxmedia terminates your Telxmedia Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Telxmedia Service plan in the future by blocking your device from our network, prohibiting you from using a new Telxmedia Service account that you purchase, or through other means.

15.3 Plan Refund Policy (Suspensions, Terminations). To the extent permitted by applicable law and these T&Cs, if If you have purchased one of our 30-day Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 or otherwise, you will not receive any refund of amounts paid to us in connection with such Service plan.  If you have purchased one of our pre-paid, multi-month Service plans and we suspend or terminate your Service for any reason specified in Section 15.1 or otherwise, we will refund a pro rata portion of your Service fee for any then-remaining 30-day Service period(s) within your Service plan, not including the 30-day Service period in which we suspend or terminate your Service.

15.4 Device, SIM Kits, and Accessory Returns. For Telxmedia-provided Devices, SIM Kits and accessory returns and exchanges, including a description of applicable restocking fees and/or shipping and handling fees depending upon the product condition, see the applicable return policy. Some Telxmedia-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Telxmedia customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility. Products purchased from retail locations may not be covered by these return policies and must be returned to the retailer location. Telxmedia makes no representations about such returns.

15.5 Device Warranty Information
All new Devices purchased from our website come with a one-year manufacturer warranty from the original date of sale. All refurbished Devices purchased from our website come with a 60-day warranty from the original date of sale. If your device is defective, please follow the Device Return instructions listed above under Section 15 to see if the Device is eligible for a warranty replacement. If eligible, we’ll replace the defective Device with a Device of the same cosmetic condition or comparable model at our discretion.

Our conditions for a warranty claim are as follows:

• Your warranty only covers defects in materials or workmanship. It does not cover defects arising from damage or normal wear-and-tear or aging.
• The warranty covers issues such as: software-related issues, camera defects, unresponsive keys, dead pixels, etc.
• The warranty does not cover issues like: diminishing battery life, scratches, accidental damages, coverage issues, or software incompatibility/problems with 3rd-party apps.
• Attempting to ‘root’ or otherwise ‘mod’ your phone will void its warranty.
• Visible physical damage to your phone (e.g. liquid damage, cracked LCD, damaged housing) will void its warranty.

You must return all accessories (charger, cables, manual, etc.) with the defective Device. If components are missing, we will charge a non-refundable missing parts fee as outlined here:

Your defective device must be returned in good condition. If the device is determined to have some type of damage that voids its warranty (e.g. liquid damage, ‘modded’ OS, etc.), it will be returned without repair / refund to the original address of purchase unless stated otherwise.

Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions are as follows: The limits of what we provide above relate to the device itself. We are not responsible for lost data or the time that you were without a device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your device, the loss of your data, or the time you were without your device. We do not warrant any device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, Q1W IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT MANUFACTURE OUR DEVICES. THE ONLY WARRANTIES APPLICABLE TO OUR DEVICES ARE THOSE EXTENDED BY THE MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH DEVICES OR FOR MANUFACTURERS’ ACTS OR OMISSIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

1. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Telxmedia or any other third party. Except for a limited license to use the Telxmedia Service, your purchase of Telxmedia Service and Telxmedia Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Telxmedia or others related to the Telxmedia Service and Telxmedia Devices; this intellectual property may be used only with Telxmedia Service unless expressly authorized by Telxmedia. You agree that a violation of this section harms Telxmedia, which cannot be fully redressed by money damages, and that Telxmedia shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
2. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the Telxmedia Service and is available online at telxmedia.com/privacy-policy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card and/or eSIM (to the extent either technology may be available to you), Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our network supplier’s network servers. To the extent available, if your eSIM is deleted from your phone, you may lose any data contained within the eSIM.
3. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE Telxmedia SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” 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, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. FOR MORE INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AT https://www.telxmedia.com/privacy-policy/. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. 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. YOU ACCEPT RESPONSIBILITY IF YOU USE YOUR SERVICE AS A MEANS OF SECURITY OR AUTHENTICATION FOR OTHER ACCOUNTS.
4. Waivers and Limitations of Liability.
   
   YOU AGREE THAT:
   • Telxmedia IS NOT AN INSURER OF SERVICES, NOR CAN IT INSURE THE ACCURACY OF YOUR INFORMATION OR THE PRIVACY OR SECURITY OF YOUR Telxmedia ACCOUNTS;
   • Telxmedia HAS NO CONTROL OVER THE ACTS AND CONDUCT OF THIRD PARTIES;
   • Telxmedia IS NOT RESPONSIBLE FOR LOSSES INCURRED AS A RESULT OF YOUR OR A THIRD-PARTY’S USE OF YOUR Telxmedia WIRELESS NUMBER OR OTHER Telxmedia SERVICE AS A SOURCE OF AUTHENTICATION OR VERIFICATION IN CONNECTION WITH ANY SOCIAL MEDIA, EMAIL, FINANCIAL, CRYPTOCURRENCY OR OTHER ACCOUNT.

EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, Telxmedia IS NOT RESPONSIBLE FOR LOSSES RELATING TO ANY SERVICE, SIM CARD, AND/OR DEVICE IT MAY OFFER UNDER THESE T&CS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT Telxmedia IS NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES; YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, SIM CARD, OR DEVICE UNDER THESE T&CS (INCLUDING, WITHOUT LIMITATION, ANY SERVICE, SIM CARD, OR DEVICE WHICH MAY BE OFFERED IN CONNECTION WITH ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE, EVEN IF SUCH THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE IS OFFERED BY Telxmedia); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICE, SIM CARD, OR DEVICE. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT Telxmedia IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF ANY SERVICE, SIM CARD, OR DEVICE, PROVIDED UNDER THESE T&CS. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THESE DISALLOWED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICE, OR DEVICE, OR THE USE OF YOUR ACCOUNT, SERVICE OR DEVICE BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.

IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN 90 days  OF THE DATE THE CLAIM ARISES.

1. Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or any person you allow to use your Service or Device.
2. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Telxmedia and you and defines all of the rights you have with respect to your Telxmedia Service or Telxmedia Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Telxmedia is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination of our Agreement with you.
3. Choice of Law. Telxmedia and you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Agreement (including but not limited to any and all determinations of arbitrability as provided for in Section 2 to these T&Cs), and only to the extent state law may apply to the Agreement, Telxmedia and you agree the laws of the state of New York shall apply, without regard to the conflict of laws rules of that state. In order to ensure the availability of witnesses, arbitration will be held in New York City, where Telxmedia is headquartered;. In all cases, arbitration will be held in accordance with Section 2 above. To the extent permissible under the Agreement, court proceedings must be initiated in New York City .If any provision of the Agreement is invalid under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the remainder of the Agreement shall remain in force.
4. CPNI. Customer Proprietary Network Information (“CPNI”) is information that Telxmedia and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.

We may use your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased (in which case you agree and understand that we may share your CPNI, as needed, with other members associated with your multi-line account, including information regarding the types of telecommunications services you currently purchase). We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Telxmedia. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.

Telxmedia uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Telxmedia does not disclose CPNI outside of Telxmedia, its affiliates and their respective agents without customer consent except as required by law. When Telxmedia uses third parties to perform services on its behalf that require the use of CPNI, Telxmedia requires that they protect the CPNI consistent with this provision. Telxmedia does not sell CPNI to unaffiliated third parties.

If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located in Section 12 of these T&Cs.

24. PRE-ORDERED PRODUCTS.To the extent available, certain devices or products may be released before shipping is available through a pre-order function. You will be charged the full amount of the order at the time you complete your pre-order. The “expected ship date” is when we expect the product to be shipped to you. Orders are shipped in the order in which they are received. You will receive a confirmation email once the order has been shipped. Any changes to the shipping date will be communicated to you via email. You may cancel the pre-order prior to when the product ships by calling customer care. In the event that certain devices are not available at the time of shipping, such as a requested color or memory amount, we will notify you via email. Any device will be locked according to our unlocking policy: https://www.telxmedia.com/mobile-device-unlock-policy. Any returns will be in accordance with the applicable return policy, available online at https://www.telxmedia.com/return-policy/. Additional restrictions may apply.

GENERAL PROMOTIONAL TERMS & CONDITIONS

From time to time, and in Telxmedia’s sole discretion, we may offer certain promotions (including, without limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers (e.g. new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of all doubt, in addition to all other terms and conditions contained in these T&Cs, including but not limited to any applicable promotional terms, together with all other promotional terms which Telxmedia may publish as a supplement to these T&Cs, all of which shall apply to any such promotion according to these T&Cs, you and Telxmedia each agree that any promotion, to the extent available to you, any Telxmedia customer, or any subset of Telxmedia customers, shall only be offered, if at all, in Telxmedia’s sole discretion, and may be modified or terminated at any time without notice. Without limiting the foregoing, to the greatest extent permissible by applicable law, under no circumstances shall any promotional credits, discounts, or “free” Service be transferrable, combinable with any other offer, or redeemable for any amount of cash or credit.