Customer Agreement/Terms and Conditions of Service
Thanks for choosing Marconi Wireless Holdings, LLC d/b/a Credo Mobile (“CREDO”). These Terms and Conditions are part of your agreement with CREDO for your service (“Service”). If you activated Service before the effective date of these Terms and Conditions, these Terms and Conditions replace and supersede any previous Terms and Conditions.
Your agreement (“Agreement”) with CREDO is made up of these Terms and Conditions of Service (“Terms”), any Retail Installment Contract, and/or the Service Plan under which you receive Service. Our Service Plans are described in our marketing materials and welcome kits, which include the rates and features we set for each Service Plan. In these Terms, we use the words “we,” “us,” “our,” “Company,” “CREDO” or “CREDO Mobile” to refer to Marconi Wireless Holdings, LLC d/b/a Credo Mobile. In these Terms, we use the word “Service” to refer to the connection to your phone or tablet that enables you to access data and send or receive calls and texts on a wireless telecommunications network owned and operated by one of our suppliers (“Network”) or, where available, off the Network when roaming.
If you have questions about your CREDO Service, call CREDO Customer Service toll-free at 800-411-0848. When you sign up for our Service, you accept the Agreement (including these Terms) and give express permission for us to contact you on your device.
Your accounts with us are personal to you and you are solely responsible for and accept all risk relating to any and all acts or omissions that occur through the use of your accounts, whether or not permitted or authorized by you. You agree to immediately notify us upon learning of any unauthorized access to or use of your accounts, your username or password or any other security breaches of your accounts
Provision of Service
The provision of Service may require the sharing of information with vendors and agents. We reserve the right to decline to provide Service to you for any lawful reason. Some services may not be available or may operate differently in some locations. The purchase of CREDO devices or other equipment is not a guarantee of Service. Please be advised that service may not be available for Montana phone numbers or billing addresses. Please be advised service is not available in Alaska or Puerto Rico.
You must have and keep satisfactory credit to receive and continue to receive Service. We will verify your credit before agreeing to provide Service to you and we may verify your credit at any time while we provide Service to you. Credit verification will include a review of credit reports that we receive from commercially available credit bureaus. We may require a deposit (see Deposits). If at any time we suspect, in our sole discretion, fraud, we may suspend Service to your device and require that you provide payment on account or a guarantee of payment before we resume Service to your device. We may request that you provide us with any information we reasonably require to determine whether you qualify for Service.
Changes to Agreement
WE MAY CHANGE THE AGREEMENT (INCLUDING THESE TERMS) AT ANY TIME AND FROM TIME TO TIME. IF YOU USE THE SERVICE AFTER THE EFFECTIVE DATE OF THE CHANGES, YOU AUTOMATICALLY ACCEPT THE CHANGES. IF YOU DO NOT ACCEPT THE CHANGES, YOU MAY TERMINATE SERVICE (SEE TERMINATION; CHANGING SERVICE PLANS). BECAUSE THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, IT IS YOUR OBLIGATION TO ALWAYS CHECK OUR WEBSITE FOR THE MOST CURRENT VERSION OF THESE TERMS. For purposes of the Agreement, “use” includes keeping the right to access the Network by not terminating Service. You may only modify the Agreement by switching your Service Plan (see Termination; Changing Service Plans). Your Service is also subject to our business policies, practices, and procedures, which we can change at any time without notice.
You may choose any Service Plan for which you qualify. Your Service Plan will be month-to-month. Services and coverage under some Service Plans may be more limited as compared to other Service Plans. Your Service Plan sets out the charges for Service and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Service terminates. You may be required to change your Service Plan when you upgrade your equipment. Your Service Plan may require that you make a deposit, prepayment, a series of deposits and/or be subject to an account spending limit before Service is activated or maintained.
Changing Service Plans
You may change to a different Service Plan for which you qualify by contacting CREDO Customer Service at 800-411-0848. Plan changes are effective the date of the change, unless otherwise specified by us at the time that you place your change request. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, you will be invoiced a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective. If you change your Service Plan, you may not be able to switch back to your prior Service Plan and you may lose any discounts, including data plan discounts, you had on your prior Service Plan.
You may terminate Service at any time by giving us notice. We may terminate Service at any time, with or without notice (subject to the Agreement). We may deactivate a Number (defined below) before you receive notice of termination (if we give any notice) to protect from fraud or misuse without incurring liability. Termination by either of us may be with or without cause. You must pay all charges for Service provided before termination of Service, regardless of who terminates Service. If Service is terminated before the end of your current billing cycle, the monthly recurring charge and bundled minutes are prorated to the date of termination.
We may terminate or suspend Service to you at any time without liability if: (1) you breach any provision of the Agreement (including without limitation if you fail to pay any charges for Services or transfer Service to another person without our consent); (2) you fail to pay any charges due us for Service, equipment or otherwise; (3) we suspect fraud or illegal or unauthorized use; (4) you misuse your Service or device or use your Service or device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (5) you become insolvent, go bankrupt or threaten bankruptcy (except as prohibited by law). If you promptly cure the breach, we may, but are not obligated to, reactivate Service to you. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.
CREDO reserves the right to cancel or deactivate Service or reduce data throughput speeds at any time in order to protect our Network from harm or to protect us from financial or other harm due to any cause. CREDO also reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone whose usage, in our sole discretion, adversely impacts our Network or customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms or in any other manner that we deem to be unreasonable or excessive, we may at any time 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 which may result in an increased cost to you.
If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to update any information on a timely basis, or if we have reason to believe that information you provided is not current, untrue, inaccurate, or incomplete, CREDO may suspend or terminate your account. CREDO also retains the right, in its sole discretion, to suspend, deactivate, or terminate your account as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities.
Use of Service and Equipment
You must be at least 18 years old to subscribe to our Service. We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent, or abusive purpose. By using the Service, you attest to being 18 years old, and agree that you will not use the Service and equipment in any unlawful, fraudulent, or abusive manner. You may not resell or lease Service or equipment to anyone.
Service is available within the operating range of the Network. Coverage maps only approximate our anticipated coverage area outdoors. Actual coverage, quality and availability of coverage may vary based on network problems, signal strength, your equipment, terrain, structures, weather and other limitations or conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Service. Outages and interruptions in Service may occur, and speed of Service varies. Without alteration, your device will not accept the services of any mobile provider other than CREDO (excluding roaming). Unlimited voice services are provided solely within the United States for live dialogue between two individuals.
You agree we are not liable for problems relating to Service availability or quality. In addition to any limitations provided by Applicable Laws (defined below), we are excused from liability for non-delivery or delay arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Number and SIM
We assign or transfer a phone number (“Number”) to the device or other equipment used by you on the CREDO Network. We may also provide a SIM (Subscriber Identity Module) card that is inserted, or that you can insert, in your device. You acknowledge that except as required by law, you shall acquire no proprietary interest in the Number (MDN) or SIM assigned by CREDO for your use. You may not (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or that is in accordance with the Federal Communications Commission (“FCC”)’s number porting rules; or (3) transfer the Number to any other individual or entity. Upon area code changes or other circumstances outside our control, the Number may change. You acknowledge that any intellectual property or software in the SIM not provided by CREDO or you are the property of the supplier of services to CREDO, and such supplier may change or update the software or other data in the SIM card or the software in the equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.
The supplier of services to CREDO shall have no liability whatsoever for your losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of Services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between CREDO and CREDO’s supplier.
Device Activation Fee
You may be required to pay a non-refundable fee when you activate a new Number, have us switch a Number to a different device, change the Number on your existing device or activate an additional device on your existing account. Details on any applicable fees are set out in your Service Plan or can be obtained by calling CREDO Customer Service.
You must pay all charges for Services provided for the Number for each device or other equipment that our records show you activated no matter who uses or has possession of the device or other equipment at the time Services are provided. These charges include, but are not limited to, recurring monthly service charges, applicable local and long-distance toll charges, usage charges, connection fees, roaming charges, directory assistance, call completion charges, data charges, optional features you select at an extra cost, and taxes and other surcharges. Charges for a call placed to or from your Number begin when you press the TALK (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or similar key). Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute.
For plans other than unlimited, you agree that once your data limit has been reached, CREDO will automatically add 1GB of additional data for $15. Should you continue to exceed the additional data limit (the additional 1GB) additional 1GB data will be automatically added each time. You will not be refunded for these additional data units; you will need to contact Customer Service and upgrade your plan to avoid additional fees for usage overages.
Billing and Payment
Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. You will receive electronic (paperless) invoices. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are invoiced one billing cycle in advance. Airtime is invoiced retroactively to the first minute based on your Service Plan for your total usage in your billing cycle. Charges for Services are usually invoiced as soon as possible after the charges accrue. Nonetheless, we may invoice you for usage and charges occurring before the billing cycle being invoiced if they were not previously invoiced. We may charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason, the amount of which shall be limited by Applicable Laws.
If you are invoiced for usage incurred during a prior billing cycle, those minutes will be applied to your Service Plan minutes for the current billing cycle. However, if you have changed your Service Plan between the time the usage was incurred and the beginning of the current billing cycle, those minutes from the prior billing cycle will be charged at the applicable per-minute rate set out in the Service Plan in effect at the time the usage was incurred.
You must pay your invoice in full by each invoice due date. We may assess a late payment fee of 1.5% of the overdue balance or $5.00, whichever is greater, on any amount not paid within ten (10) days of the due date.
You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information. If you have authorized payment for Service or equipment by credit card or by debiting a bank account, you must promptly notify us of any change in your billing address or of the credit card or bank account used for payment. We reserve the right to require payment or pre-payment by money order, cashier’s check, or other secured form of payment.
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, and we may reassign the Number associated with your account. If you wish to port to a different carrier, you must have an active account.
Unless you raise any dispute that you have about any charges invoiced to you within 30 days of the date of the invoice, you will be liable for all charges on the invoice. If you do not properly notify us of your dispute within this time period, your claim is waived. You may notify us of any dispute by calling CREDO Customer Service. Calls to our sales or general business offices are not notice of a dispute. Unless otherwise provided by law, you must pay disputed charges until the dispte is resolved.
Louisiana Customers. Customers in Louisiana should be aware that, consistent with Applicable Law, the Louisiana Public Service Commission has the authority to review disputed billings and charges.
Account Spending Limits
We reserve the right, in our sole discretion and to the extent permitted by law, to set an Account Spending Limit for your account at any time and for any reason. We will inform you of your Account Spending Limit when you receive your device. Any Account Spending Limit we set for you is subject to change at any time upon notification from us. If we set an Account Spending Limit for your account, charges for Service accrue against your Account Spending Limit as they are incurred. We may suspend Service to your Number without prior notice to you when your account balance reaches your Account Spending Limit. Service is restored when you have paid any balance due and a specified minimum amount to reduce your account balance below your Account Spending Limit. You must pay all charges for Service even if they exceed the amount of your Account Spending Limit. Call CREDO Customer Service for information about authorized methods of making these payments.
If we require a deposit for you to establish or keep Service, we will hold the deposit as partial guarantee of payment for Service. We may change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any invoice (unless it is used to pay toward a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined by your credit and payment history. The rate of interest on the deposit is subject to change. If Service is terminated for any reason, we may, without notice to you and to the extent permitted by law, apply your deposit toward payment of outstanding charges and return any excess to you at your last known address within 75 days after termination of Service. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return, and we may
charge a monthly servicing fee against the deposit balance. Any money that is held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one-year period. The amount of any deposit collected by us will not exceed the maximum amount permitted by Applicable Laws.
Accessing the Internet and checking email with your device (“Data Services”) requires a data-compatible device. Your handset model will determine the type of Data Services available. Customers are required to maintain a Data Services plan. When Internet browsing, you are charged for data transferred (e.g., KB, MB). Use of Data Services is subject to any memory, storage, or other equipment limitation. CREDO does not guarantee access to Data Services or uninterrupted browsing. CREDO Mobile does not offer domestic Data roaming (outside-of-the-Network Data Services). International Data Services may be available while roaming off the Network and will be billed at international Data Services rates. Your mobile number may be transmitted to sites you visit.
Data Service is not intended to provide full-time Internet connections and may be discontinued after a period of inactivity or after excessive usage. If you have an Account Spending Limit, you may be limited in the Data Services available to you. CREDO reserves the right, in its sole discretion, to limit data transfers or deny or terminate Data Services without notice to protect users or the Network. In providing Service, CREDO relies on networks and services provided by our suppliers. These suppliers may have their own network management practices that affect Services received by CREDO members. For more information about Data Services, please see our Broadband Information.
Unless subscribed to a CREDO Mobile hotspot plan, unlimited plan subscribers may not use equipment as a hotspot, to tether to a computer, or in any manner that adversely affects the Network or Services. CREDO Mobile does not service or support tethering.
CREDO does not degrade or impair access to lawful Internet traffic based on content, application, service, or use of a non-harmful device. Customers enrolled in unlimited data plans will, however, experience reduced data speeds if the customer’s 30-day usage exceeds 20GB as identified in the Network Management section above and as specified in the plan’s terms and conditions. Customers on plans other than Unlimited will automatically be provided 1GB of additional data once the current data limit is exceeded at the cost of $15.00 per 1GB.
In addition to the cost of the Mobile Content, you will also be charged for data transferred (e.g., KB, MB) during Web Browsing while downloading your purchased item. If your device needs to be replaced, any previously downloaded items must be downloaded and purchased again. Ringtones and graphics are protected, copyrighted materials and may only be used for individual, personal use and may not be copied, transferred, or distributed without the prior written consent of the content owner.
CREDO is not responsible for any opinions, advice, statements, services, or other information provided by third parties and accessible through Data Services. CREDO does not guarantee the accuracy, completeness or usefulness of information obtained through the Data Services.
We do not guarantee that you will not receive spam or other unsolicited messages, and CREDO is not liable for such messages.
To provide a good experience for most of our customers and minimize capacity issues and degradation in Network performance, we may, in our sole discretion, take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Services 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 may, in our sole discretion, suspend, terminate, or restrict your data session, or switch you to a more appropriate Service Plan which may result in an increased cost. We also manage our 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 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, which may affect the performance and download times of data-heavy activities such as video-streaming on our unlimited plans. 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. 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.
Text Messaging (SMS)
You are charged for all incoming and outgoing text messages. International text messaging will be billed at international text rates.
Taxes and Surcharges
We invoice you for taxes, surcharges and other charges levied by federal, state, or local authorities, on Service, mandated to be paid in proportion to receipts from telecommunications services provided, or applied to sales of equipment (except for taxes based on our net income), if we pay these taxes or other surcharges. Taxes, surcharges, and charges not directly paid by us are not
invoiced to you, but payment to the taxing or levying authority of any applicable taxes, surcharges, and charges due from you is your responsibility. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we receive a valid tax-exempt document. We also invoice you for surcharges that we collect and keep to pay for the costs of complying with government programs such as number pooling and portability, and Enhanced 911 service; these charges are not taxes nor government imposed assessments and are described in the “Miscellaneous Charges” section below.
CREDO to CREDO In-Network Calling
As a CREDO Mobile customer your calls to other CREDO Mobile phones are not deducted from your plan minutes unless you are roaming.
Calls made outside of the Network are “roaming” calls. Check your device to determine if you are roaming. If you are not on a plan that includes domestic roaming, you will incur roaming and/or long distance or toll charges for roaming calls, including calls to another CREDO Mobile phone. Roaming charges and rates are subject to change at any time. If you are on a plan that includes domestic roaming, roaming calls to another CREDO Mobile phone will be deducted from your plan minutes, but will not incur domestic roaming charges. International roaming calls will be billed at international roaming rates. Your phone is specifically designed and engineered to work only on the Network and works on other carriers’ networks only when a roaming agreement is in place between the Network and the other providers. Certain features are not available when roaming. CREDO does not guarantee your ability to roam nor the availability or quality of service when roaming.
CREDO Mobile does not offer domestic Data roaming (outside-of-the-Network Data Services). International Data roaming may be available to some members in some locations. The primary use of Data Services must be for domestic purposes on the Network. CREDO Mobile reserves the right, without notice, to deny, terminate, modify, disconnect, or suspend Service if your roaming (outside-of-the-Network) usage in a billing cycle exceeds 25 megabytes.
International Data Services rates are higher than the rates you pay within your Home Service Area and on the Network. When roaming, you are also subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider on its own subscribers or on roamers. We make no guarantee that roaming coverage will be available.
Interruption of Service
We may give credit for a continuous interruption of Service for more than 24 hours on a case-by-case basis. Credit is at all times limited to prorated monthly recurring charges (“MRC”). Interruptions caused by your negligent or willful actions (including failure to pay charges when due), or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic, or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to request credit.
Devices and Other Equipment
Devices and other equipment may be purchased and returned as provided in the purchase documents and our return policy (see “Return/Exchange Policy”). We are not the manufacturer of the devices or other equipment and the only warranties on the devices or other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the devices and other equipment or for the manufacturers’ acts or omissions, or both.
Please note that, if you bring your own device from another carrier, CREDO cannot guarantee that every feature or functionality of that device will work with our service.
CREDO can unlock certain portions of certain handsets, and we will unlock upon request subject to the terms of this Section.
Some CREDO devices have been programmed with a master subsidy lock (MSL) that prevents the device from being activated on other carriers’ networks. Further, many CREDO devices also have locked international and domestic SIM slots. We will provide all unlocking services technically available to us, upon request, provided you have met the following requirements: you are a current or former CREDO customer, the account associated with the device is/was in good standing, the device was purchased from CREDO, the device has been activated on our service for at least 90 days, your contract term, device purchase, or device financing obligations have been met, and the device has not been lost or stolen. For military personnel, we will unlock mobile phones for deployed military personnel as soon as we get a copy of the customer’s deployment papers. If you would just like the international SIM slot on your device unlocked, you must be a current CREDO customer with CREDO service active on the device, and the account associated with the device must be in good standing.
On certain devices, not all functionalities may be unlocked. Even if unlocked, CREDO devices will not necessarily work on another carrier’s network. Whether a CREDO device can be used on another carrier’s network is subject to that carrier’s policies and network compatibilities. Even if a different carrier will activate a CREDO device on its network, we do not make any guarantees as to the device’s performance on that carrier’s network or that any or all device features or functionalities will be fully or partially operational.
We will respond to a request to unlock a CREDO device within ten (10) business days, and either: i) take all steps available to us to unlock an eligible phone; or ii) provide you with an explanation of why we cannot or why we need extra time to process your request.
Lost or Stolen Equipment
If your device or other equipment is lost or stolen, you must immediately notify us by calling CREDO Customer Service. You are responsible for the monthly recurring charges during the period before you notify us of the loss or theft. We will deactivate Service to any Number associated with the lost or stolen device upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the equipment is later found, we may require that you exchange it for another device or other equipment before we reactivate Service, as well as require you to pay a reactivation fee. Reactivation is at the sole discretion of CREDO. We will deactivate Service to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
If you do not want people you call to get the Number assigned to your phone, you must call CREDO Customer Service for information about automatic Caller ID blocking. The Number assigned to your device can be blocked on a per-call basis by dialing *67 + Destination Number + TALK. Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your Number is dependent on receiving the information from the calling party.
A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. CREDO offers TTY-compatible mobile phones. To make a call to a TTY user, you may access nationwide “711” by dialing 711 on your CREDO phone. You will be connected to a TRS Communications Assistant who will relay your conversation in strictest confidentiality. The Communications Assistant often uses a Text Telephone (TTY/TTD) and has been trained to help conversations flow accurately and with ease.
We will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
You can use your CREDO device to make calls from the U.S. to international numbers. View rates from the U.S. to international numbers at credomobile.com/international.
You can also use your CREDO device to make calls while traveling abroad in select countries. Your device type will determine your ability to use CREDO service while traveling abroad. View these rates online at credomobile.com/travel. To prevent unexpected international charges while traveling abroad, it is advisable to keep your device turned off or in airplane mode when not in use. High international usage may result in your account being suspended while traveling.
Government Requests for Customer Records
We will refuse to comply with unlawful government requests for customer records or call content and will only divulge our customers’ private records pursuant to an emergency request or under court order or subpoena.
Limitation of Liability
Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed:
- in cases related to a specific piece of equipment, the prorated monthly recurring charge (“MRC”) for Service to the piece of equipment during the affected period, or
- in cases not related to a specific piece of equipment, the prorated MRCs for Service to you during the affected period.
We are not liable for any damage arising out of or in connection with:
- any act or omission of any telecommunications service or other service provider other than CREDO;
- any directory listing;
- any dropped calls;
- traffic or other accidents, or any health-related claims allegedly arising from the use of Services, devices, equipment, or accessories used in connection with the Services;
- the use of CREDO Data Services, including the accuracy or reliability of any information obtained from the Internet using CREDO Data Services, or Internet services, content or applications not supported by CREDO;
- any late or failed message delivery;
- any interruption or failure of 911 or E911 emergency services or identification of the number, address or name associated with any person accessing or attempting to access emergency services from your device;
- the installation or repair of any products or equipment by parties who are not our authorized employees or agents;
- any use of your device or other equipment whether or not authorized by you;
- any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Service, or
- your negligent or intentional act or omission.
This section survives termination of the Agreement.
NO CONSEQUENTIAL OR OTHER DAMAGES
WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, DEVICES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE OR OTHERWISE IN CONNECTION WITH THE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR COST OF REPLACEMENT PRODUCTS AND SERVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS AGAINST US MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER BARRED. THIS SECTION SURVIVES TERMINATION OF THE AGREEMENT.
You indemnify, defend and hold us, and our parent, subsidiaries, affiliates, partners, directors, shareholders, members, officers, employees, and agents harmless from and against any claim, action, damage, liability and expense (including without limitation taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Service or equipment used in connection with the Service; (2) any communications you make or receive using the Service; (3) your breach of the Agreement or any other agreement with CREDO or its affiliates; (4) your negligence or willful misconduct; or (5) violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or equipment. This indemnification extends to and includes any attorneys’ fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. CREDO reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This section survives termination of the Agreement.
DISCLAIMER OF WARRANTIES
THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND DEVICES IS AT YOUR SOLE RISK. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY CREDO. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY CREDO, THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICE IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THE AGREEMENT.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION, INSTEAD OF COURT TRIALS. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE AGREEMENT. NOTHING IN THESE TERMS PROHIBITS A CUSTOMER FROM FILING A COMPLAINT WITH THE FCC.
(1) Arbitration. Any dispute or claim arising out of or relating to the Agreement or to any product or service provided in connection with the Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by arbitration except that (a) you or we may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages. You understand that you are waiving your rights to maintain other available resolution processes, such as court action or administrative proceeding, except as specified above, to settle any dispute or claim.
(2) Arbitration Procedures. Prior to filing an arbitration demand, you must first present any claim or dispute to us by contacting us in writing to PO Box 981445, West Sacramento, CA 95798-1445 (ATTN: Legal Department) and describing the nature and basis of the claim or dispute and setting forth the specific relief sought. You may request arbitration if your claim or dispute cannot be resolved within 60 days from receipt of the notice of the claim. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules, as modified by the Agreement. Information about arbitration and fees are available online at www.adr.org. You and we agree that the Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. AAA will provide a list of potential arbitrators to the parties. Each party will be allowed to strike from the list those arbitrators deemed unacceptable by the party. The AAA will choose an arbitrator from the remaining names on the list. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of the Agreement and may not limit, expand, or otherwise modify its terms. The Arbitrator will issue a written decision, which will include concise written reasons for the decision. The Arbitrator’s decision is subject to review in a court of law. An arbitrator may not award relief in excess of or contrary to what the Agreement provides or award punitive damages or any other damages for negligence aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. The results and contents of any arbitration shall not be confidential unless both parties agree to make them confidential. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
(3) Costs of Arbitration. Each party shall be responsible for the AAA fees and arbitrator compensation as outlined in the AAA Consumer Arbitration Rules. Each party bears the expense of its own preparation and presentation of evidence at the arbitration hearing. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
(4) Waiver of Certain Punitive Damage Claims. By the Agreement, both you and we are waiving certain rights to initially litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. This waiver applies to the Agreement, as amended or modified. This section survives termination of the Agreement.
(5) Waiver of Jury Trial; Jurisdiction. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. INSTEAD, A JUDGE WILL DECIDE ANY DISPUTE. YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA.
(6) Waiver of Class Action. By the Agreement, both you and we agree that any proceedings 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 us.
(7) Injunctive Relief. Nothing herein precludes us from seeking any injunctive relief in any court of competent jurisdiction for protection of our intellectual property rights or other proprietary rights. You acknowledge and agree that our remedies at law for a breach or threatened breach by you of any of the provisions of the Agreement would be inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any remedies at law, we are entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available, without posting any bond or other security.
(8) Cumulative Remedies. All of our rights and remedies upon your breach or other default under the Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by the Agreement or by law or equity on us, and the exercise of any one remedy will not preclude the exercise of any other.
You may get our current address for written notice by calling CREDO Customer Service. Written notice to you is sent to your last known address in our billing records, by text message to your CREDO phone, or the email of record for your account. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid and properly addressed or, if by email, by the sent date/time stamp. Unless required by the Agreement or Applicable Laws, (1) you may notify us by calling CREDO Customer Service, and (2) we may notify you by leaving a message for you on your mobile phone, answering machine or with your answering service. Addresses for notice purposes may be changed by giving notice as provided in this section.You expressly consent to receive all communications, agreements, documents, notices and disclosures from us, at your Number or the physical or electronic address you provide to us.
We may at times contact you using autodialed or prerecorded message calls or text messages at your Number. We may place such calls or texts to (i) provide notices regarding your 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 Number with service providers with whom we contract to assist us in pursuing these interests. Standard telephone minute and text charges may apply. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Service. You may choose to revoke your consent by contacting CREDO Customer Service.
Choice of Law
The Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
If either of us does not enforce any right or remedy available under the Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend the Agreement. If any part of the Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of the Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret the Agreement. You may not assign the Agreement to any other person or entity. We may assign all or part of the Agreement or your debts to us without notice. The Agreement makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of the Agreement that are contemplated to be enforceable after the termination of the Agreement survive termination of the Agreement. The Agreement is subject to any applicable federal and state law (collectively, “Applicable Laws”). If there is a conflict, Applicable Laws control over the Service Plan and these Terms, and the Service Plan controls over these Terms. Changes to Applicable Laws are effective as provided in the Applicable Laws. Any determination made by us pursuant to the Agreement shall be in our sole discretion.
- FCC Universal Service Fee: This fee applies to all Customers and is calculated as a percentage of the interstate and international charges of the customer’s current bill. It is based on the percentage assessed by the FCC on mobile carriers for the support of universal service. This fee will change to match any modification made by the FCC to its charge to CREDO. To obtain the current percentage, please call 800-548-2567.
- Regulatory and Administrative Fee: This fee recovers some of the costs incurred by CREDO, including but not limited to compliance with government regulations like local number portability. This fee is not a tax and is not an amount we are required to collect by law. The components used to calculate this fee and the fee itself may change from time to time. To obtain the current fee, please call 800-548-2567.
- Suspension Fee: When Service is blocked for non-payment of charges, a $20 suspension fee will be applied to your account.
New customers may return CREDO devices within fifteen (15) days of the purchase or order date. Accessories may be returned or exchanged within fifteen (15) days of the purchase or order date. CREDO devices may be exchanged within fifteen (15) days of the purchase or order date. The product(s) must be returned to CREDO in like-new condition and undamaged in its original box(es) and all accessories, printed material and package inserts must be included with the product(s) being returned or exchanged. Before you return your device, please ensure your device is unlocked and has been reset to factory settings. In addition, if your device is an iPhone you must turn off Find My iPhone.
If you return or exchange your CREDO device, you will be charged a restocking fee. You will be responsible for the cost of a new device, and we will issue you any necessary credits for your original device once the device has been received and processed at our fulfillment center.
Failure to comply with the Return/Exchange Policy may result in a processing fee, and/or an equipment fee equal to the original retail value of the device and/or accessory or, in the case of purchased equipment, the denial of a refund.
If you would like to return or exchange your CREDO product, call CREDO Customer Service at 800-411-0848 for authorization and shipping instructions.
Returns and exchanges are not available under the Bring Your Own Device program.
Defective equipment covered by the manufacturer’s warranty will be replaced according to the terms of the manufacturer’s warranty. If you would like your equipment replaced pursuant to the manufacturer’s warranty, call CREDO Customer Service at 800-411-0848 for return authorization and shipping instructions.
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of CREDO or any third party. Except for a limited license to use the Service, your purchase of Service does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of CREDO or others related to the Service. CREDO’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of CREDO or its affiliates (the “Marks”). You agree not to use the Marks in any manner without the prior written permission of CREDO or its appropriate affiliates. You agree that a violation or threatened violation of this section harms CREDO, which cannot be fully redressed by money damages, and that CREDO shall be entitled to immediate injunctive relief in addition to all other remedies available.