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Terms and Conditions
Please read and understand these Terms and Conditions of Service very carefully (para Español clic aquí). By accepting these terms and conditions contained herein, they become a legally binding agreement (“Agreement”) between you and Prime Choice Wireless, (“Prime Choice Wireless”). The Agreement contains important information pertaining to your legal rights and limitations on the use of the Prime Choice Wireless Service.
This Agreement becomes binding on you when you accept it. You accept it by doing one of the following actions:
- Activate a Prime Choice Wireless Handset, or
- Activate and add Prime Choice Wireless minutes to your Prime Choice Wireless account.
- Activating Your Prime Choice Wireless Handset
You must activate the Handset in order for you to use it with the Prime Choice Wireless Service. Activation can take place in one of the following ways:
- visit an authorized dealer and have them activate the phone; or
- purchase an already active handset from an authorized Prime Choice Wireless reseller.
- purchase an active handset through the Prime Choice Wireless website, www.primechoicewireless.com.
- purchase an activation for your existing handset through the Prime Choice Wireless website, www.primechoicewireless.com.
- Activating and Adding Minutes to Your Prime Choice Wireless Account
In order for you to use your airtime minutes using the Prime Choice Wireless Service you must establish and add minutes to your Prime Choice Wireless Account. Your Account is identified by the phone number assigned to you. You add minutes to your account when you replenish it. Replenishment can take place in one of the following ways:
- purchase a Prime Choice Wireless Prepaid phone card from an authorized reseller and call our automated customer service number at 1-800-550-2436 to establish and activate your account; or
- purchase a Prime Choice Wireless Prepaid phone card from an authorized reseller and call our automated customer service number at #737 from your handset to activate your account; or
- purchase an already active handset from an authorized Prime Choice Wireless reseller; or
- purchase an already active Handset through our website, www.primechoicewireless.com.
- Prime Choice Wireless Handset, Service and Phone Number
You must use a certified Prime Choice Wireless Handset in order to receive Prime Choice Wireless Service. Your Prime Choice Wireless Handset can only be used with Prime Choice Wireless Service, and cannot be activated with any other wireless or cellular service. Some functions and features referenced in the Manufacturer’s manual provided with your Prime Choice Wireless Handset may not be available for use with the Prime Choice Wireless Service. The wireless telecommunications network used to provide you the Prime Choice Wireless Service is owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Prime Choice Wireless. Prime Choice Wireless, therefore, may modify or cancel any service or take corrective action at any time without prior notice and for any reason. Prime Choice Wireless Service is subject to Prime Choice Wireless’s policies, practices and procedures, which Prime Choice Wireless can change without notice.
You must accept the Prime Choice Wireless telephone number assigned to your Prime Choice Wireless account at the time of activation. You have no rights in the telephone number we assign to you except for any right you may have to port it.
- Prime Choice Wireless Minutes
Once your account is activated, minutes will be added to your account or will already be added to the Prime Choice Wireless phone number assigned to the handset you purchased. Once activated, the number of minutes assigned to the account will be available for use with the Prime Choice Wireless Service subject to any charges that are incurred due to use of Service or other fees as applicable. The balance on your Prime Choice account cannot be refunded, nor can it be split, transferred, or redistributed to another Prime Choice Wireless account. Your Prime Choice Wireless airtime and minute balance can only be used with the Prime Choice Wireless Service, and cannot be used with or transferred to any other wireless or cellular service.
- Airtime Rates
Prime Choice Wireless Account balance is issued and maintained in US dollars. Your account balance will decrease based on your usage and to pay for usage fees as specified by the plan you select. You will have access to Prime Choice Wireless Service only when you have a balance available on the Prime Choice Wireless account. You may add additional minutes by entering the Personal Identification Number (“PIN”) obtained from Prime Choice Wireless prepaid cards or from a retailer PIN number. You must add your Prime Choice Wireless prepaid PIN to your Prime Choice Wireless account in a timely manner before the expiration of the Service Extension Date (as defined below). Your plan is determined based on the face value of the Prime Choice Wireless Prepaid Plan card or PIN receipt you purchase. A list of the current service plans and charges are available at our website, www.primechoicewireless.com
- National Long Distance Charges. There are no additional charges for nationwide long distance.
- International Calling. You may use your Prime Choice Wireless Service to make international calls to landlines, as well as certain cellular phones in certain countries. See our Features page for available countries and more details. The available countries are subject to change without prior notice. You will not be able to make or receive calls using your Prime Choice Wireless Service when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.
- Text Messaging. There may be additional fees charged for sending and receiving text messages. The rates for sending and receiving a text message using the Prime Choice Wireless Service varies by service plan. Specific rates can be found on the description page for each plan.
- Web Access. Prime Choice Wireless Handsets that have been certified for WAP and MMS (the “Data Services”) will allow you to access the mobile web (WAP) and utilize multi-media services “MMS”. Data Services are additional services offered by Prime Choice Wireless, and there is an additional charge for the use of these services.
- Roaming. You are “roaming” whenever you make or receive a call using a transmission site outside your home coverage area, or using another company’s transmission site. Your wireless phone may sometimes connect to and roam on another company’s network even when you are within your coverage area or local calling area. There may be extra charges (including charges for long distance, tolls, or calls that don’t connect) and higher rates for roaming calls, depending on your plan. Availability, quality of coverage and Services while roaming are not guaranteed.
- Unlimited Plan Abuse
Prime Choice Wireless Plan services are provided solely for live dialogue between two individuals for personal use. Other uses have the potential to disrupt reliable service to other PPrime Choice Wireless customers and/or have an impact on network resources, so are therefore considered abuse of the service and will not be allowed. Such uses would include, but are not limited to, machine-to-machine, telemarketing, autodialing, transmission of broadcasts or recorded material, and any and all other commercial uses. We may determine at our sole discretion that abuse is taking place if, for instance, you are placing an unusually high number of calls of unusually long duration. We reserve the right to respond to such abuse by placing you on a different class of service or, at our discretion, terminating your service.
- Prime Choice Wireless’ Right to Make Changes
Unless otherwise prohibited by law, Prime Choice Wireless reserves the right to change prices or the use of the Prime Choice Wireless Service in this Agreement at any time and without notice to you. You must refer to our website at www.primechoicewireless.com for an updated version of these terms and conditions.
- Airtime Minutes
Each Prime Choice Wirelessprepaid card or PIN receipt identifies the number of minutes available for using the Prime Choice WirelessService. The airtime minutes are available for your use for a period of 120 days beginning on the day that you purchase and activate the card and add the minutes to your Prime Choice Wirelessaccount (the “Service Extension Date”).
- Balance Usage
When you use a Prime Choice Wireless Service (e.g., make a call, send or receive a text message, etc.), Prime Choice Wireless will debit your account at the rate described in your plan for the feature you are using. Use generally begins when you answer a call and continues until you end the call. Your balance will be debited for all calls except for #737 and 911 calls. Balances are debited in full minute increments and in full 8-kilobyte increments, per service. No credit is given for dropped calls.
- Monthly Charge
In addition to the charges per service incurred pursuant to your Plan, we may charge a monthly maintenance fee. Currently, customers on our “Standard” plan are billed a monthly maintenance fee of 50¢. Customers on our “Unlimited Nights & Weekends”, “Unlimited Anytime 24/7”, and “Talk n Text” plans are not currently billed a monthly maintenance fee.
- Account Lifecycle / Forfeiture of Unused Minutes / Reassignment of Phone Number
If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period (the Service Extension Date), your Prime Choice Wireless Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account within 30 days from the Service Date Extension, Prime Choice Wireless may also reassign your phone number to a different user. If your Prime Choice Wireless phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you by Prime Choice Wireless should you choose to resume using the Prime Choice Wireless Service.
Coverage maps are available on our website, www.primechoicewireless.com. These maps are for informational purposes only. Prime Choice Wireless does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, other factors not under Prime Choice Wireless’s control may interfere with your actual service. Actual coverage and service areas may vary from the maps and may change without notice.
- Unintended Use
All Prime Choice Wireless handsets are sold for exclusive use with Prime Choice Wireless service. Improper, illegal, or unauthorized use of your Prime Choice Wireless service or handset may result in immediate termination of Service. You agree not to change, alter, or tamper with your Prime Choice Wireless handset or the software used in conjunction with it, enter fraudulent PIN numbers, engage in any other unauthorized or illegal use of the service, assist others in such acts, or to export Prime Choice Wireless handsets outside of the United States. These acts violate Prime Choice Wireless’s rights and could violate state and federal laws. Prime Choice Wireless will prosecute violators to the full extent of the law.
You agree not to resell our service to someone else without our prior written permission.
You also agree that your Handset will not be used for any other purpose that is not allowed by this Agreement or that is illegal.
You agree that you won’t install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.
We can, without notice, limit, suspend, and deactivate your account or any agreement with you for these causes, or any other good causes which include, but are not limited to:
- if you:
- breach this Agreement;
- enter fraudulent PINs to access the Prime Choice Wireless Service;
- provide credit information we can not verify;
- lie to us;
- allow anyone to tamper with your Handset;
- export the Prime Choice Wireless Handset outside the United States;
- or if you or any user of your phone:
- threatens or commits violence against our representatives;
- uses vulgar and/or inappropriate language toward our representatives;
- steals from us;
- harasses our representatives;
- interferes with our operations;
- “spams,” or engages in other abusive messaging or calling;
- modifies your Handset from its manufacturer’s specifications; or
- uses the service in a way that adversely affects Prime Choice Wireless Service or other customers.
We can also temporarily limit your service for any operational or governmental reason.
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning your service. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.
- LIMITED WARRANTY-Refurbished Handsets
For LIMITED WARRANTY information on Refurbished Handsets provided by Prime Choice Wireless click here.
- Warranty Information Regarding New Kyocera Handsets Kyocera provides warranties for New Kyocera Handsets. For information regarding warranties provided by Kyocera on New Kyocera Handsets sold for use with the Prime Choice Wireless service click here.
- Prime Choice Wireless wants to ensure that you are satisfied with your purchase when you purchase a handset or accessory directly from Prime Choice Wirelessr. As a result, if, for any reason, other than a claim of breach of warranty or defect, you are not satisfied with your handset or accessory, you may return the handset or accessory to us within twenty (20) business days of the original date of shipment, postage prepaid, and we will refund your full purchase price minus a 20% restocking fee. Refunds are only available to you if you purchased your handset or accessory directly from our website at www.primechoicewireless.com.
Additionally, the following conditions must be met in order to qualify for a refund:
- Product must be in “as new” condition.
- Product must be returned in the original packaging.
- All parts must be returned (including the manual, power cord, etc.).
Handsets and accessories should be returned postage prepaid to the following address:
Prime Choice Wireless
110 S 5th Ave
Clarion, PA 16214
We do not control the sale policies of our dealers or other third parties. Therefore, any refunds for handsets or accessories purchased from a Prime Choice Wireless dealer (whether the dealer is authorized to sell such handsets and accessories or not) or from any other source other than Prime Choice Wireless directly, are at the sole discretion of such seller. We will not issue refunds for any handsets or accessories sold by any third parties, including any handsets or accessories sold by any Prime Choice Wireless dealers.
If you believe that your refurbished handset or new Kyocera Handset is defective or in breach of our or Kyocera’s Warranty, please refer to our Warranty section for information about returning your refurbished or Kyocera Handset.
- About You, the Customer
You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, “you” means the organization.
A waiver of any part of this Agreement in one instance is not a waiver of any part or any other instance. You can not assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice.
Notices are considered delivered when we send them by email or fax to any email, text message or fax or cell phone number you have provided to us, including your Prime Choice Wireless account number or 3 days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you.
If any part of this Agreement is held invalid, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can not rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees and collection costs, or as required by Federal law, this Agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws or rules of that state.