Customer Agreement

  1. 1. Welcome To The GreatCall® Family

    Please read this agreement regarding your phone and service. When you accept this agreement, you’re bound by its conditions. It applies to all of your services from GreatCall and covers important topics such as:

    • How long this agreement lasts
    • Your rights to refuse or cancel this agreement
    • Our friendly 30-day return policy
    • Our rights to limit or end service or this agreement
    • Limitations of liability and privacy
    • How to handle disputes if they arise, including arbitration
  2. 2. Your Monthly Rate Plan

    The monthly rate plan you select is part of this agreement. To the extent any condition in your plan expressly conflicts with this agreement, the condition in your plan will apply.

  3. 3. Your Rights To Refuse Or Cancel This Agreement

    After you’ve had an opportunity to review this agreement, it will begin when you do any of the following to indicate your acceptance:

    • Activate your service
    • Give us a written or electronic signature indicating your acceptance
    • Tell us electronically that you accept

    If you do not wish to accept this agreement, do not do any of the above actions.

  4. 3.1 30-Day Return Policy

    If for any reason, within 30 days from date of purchase, you are not completely satisfied with your device, we will refund the activation fee, the first month's service charge, the cost of the device, plus applicable taxes, less the restocking fee, if you:

    • have not exceeded any Usage Limitation (defined below); and
    • return the phone in "like new" condition, as determined by GreatCall, in the original box with all components and materials

    Shipping charges are non-refundable.

    The activation fee is non-refundable if you:

    • ordered a new phone without paying the activation fee
    • exceeded any Usage Limitation (defined below)
    • activated two phones and are returning only one phone
    • send a device that is not in “like-new” condition, as determined by GreatCall
    Usage Limitations:
    • Minutes Limitations:
      • Usage Limitation with respect to Minutes means 30 minutes or less of talk time.
      • If you have used more than 30 minutes of talk time within 30 days from the date of purchase, but did not exceed your plan minutes, then we will charge you the lesser of:
        • your monthly minute plan service charge; or
        • 35¢ per minutes
      • If you have used more than 30 minutes of talk time within 30 days from the date of purchase, and exceeded your plan minutes, then we will retain your monthly service charge plus $0.35 per minute for each additional minute over your plan minutes.
    • Data Limitations:
      • Usage Limitation with respect to Data means 50MB or less of data.
      • If you have used more than 50MB of data within 30 days from the date of purchase, but did not exceed your data plan, then we will charge you your monthly service charge.
      • If you have used more than your data plan within 30 days from the date of purchase, then we will retain your monthly service charge, plus 10 cents per each MB used over your monthly data plan.
    • Text Limitations:
      • Usage Limitation with respect to texts means 50 or less texts or picture messages.
      • If you have used more than 50 texts or picture messages within 30 days from the date of purchase, but did not exceed your text plan, then we will charge you the lesser of:
        • your monthly text plan service charge; or
        • 10¢ per text or picture message
    Return Information:
    • Please contact our Customer Service Department at 1-800-733-6632, available between 5 am - 9 pm PST, seven days a week, to cancel your account and obtain a return authorization number. If your phone was purchased from a retail store, it must be returned to that store and is subject to the store's return policy.
    • Approved returns must be shipped back at the customer's expense in the original packaging.
    • Refunds, if applicable, will be processed back to the party that paid in the same manner that payment was received. Please allow 21 business days for processing. You will be charged a $10 restocking fee.
  5. 3.2 Service Cancellation

    If for any reason you are not completely satisfied with your service and you wish to cancel, you’ll be able to do so as described below. However, if you have purchased any Add-On Minutes, they are not refundable and these minutes will expire after your last bill. You will receive a final bill that will detail all the charges and credits on your account.

    If you wish to cancel your service before the end of a given month, you’ll be responsible for any account charges and overages through the date of your final bill. If you have purchased any Add-On Minutes, they are not refundable and these minutes will expire after your final bill. Although cancellations are effective immediately, we don’t bill for partial months; therefore, you’ll be charged for the entire month.

  6. 4. Charges And Fees

    There is a fee associated with beginning your service and there may be a fee associated with reactivating your service. Usage charges vary depending on where, when and how you call, including toll-free and Operator-assisted calls. Additional features and services, such as Operator assistance, may have extra charges.

  7. 4.1 Roaming And Long Distance Charges
    There are no long distance or roaming charges for any calls made within the domestic U.S. There may be additional charges for international calls and texts.
  8. 4.2 International Rates

    When calling from the domestic U.S. to other countries, or when calling from outside of the domestic U.S., additional international calling rates will apply.

  9. 4.3 Taxes, Fees And Assessments

    We are required by law to charge you certain taxes, surcharges and assessments that will be included on your bill. You are responsible for paying all taxes, surcharges and assessments associated with your GreatCall products and services. These may change from time to time, and we may not be able to give you advance notice about how these changes may affect you. Except as prohibited by law, we may also, at our discretion, require you to pay regulatory and administrative fees to recover our costs of complying with regulatory mandates and Universal Service fees or similarly imposed charges. Any customer who is eligible for an exemption from any tax or fee must provide us with a verifiable, valid and properly executed tax-exempt certificate. Any tax exemption applies only after the date we receive the certificate from you and have verified your eligibility for the exemption.

  10. 4.4 How We Calculate Your Bill

    Your bill is our notice to you of your fees, charges and other important information. It reflects the fees and charges in effect for your service plan at the time they are incurred. We charge for usage after calls are made or received and charge access and other fees in advance. The length of a call will be rounded up to the next full minute. Charges start when you’re connected to an outgoing or incoming call and end after you hang up your phone, the other party on your call hangs up, or the call ends through disconnection. We only bill for calls that connect, including calls answered by machines. Standard usage charges apply to toll-free calls. There may be additional usage charges for credit card or third party Operator-assisted calls, which may be required in certain areas. You will incur usage charges at a minimum rate of $0.35 per minute if you exceed your service plan minutes. Billing for usage and related charges may sometimes be delayed. Delayed usage charges may be applied in the month they appear on your bill against minutes included in your service plan for that month, rather than against the included minutes for the month when you actually made or received the call. This may result in charges higher than you’d expect in the later month.

  11. 4.5 Payments, Deposits, Credit Cards, And Checks

    Payment is due in full as stated on your bill. IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY) OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO COLLECT FROM YOU. SHOULD WE NOT RECEIVE YOUR LATE PAYMENT, WE MAY SUSPEND YOUR SERVICE UNTIL PAID IN FULL. WE RESERVE THE RIGHT TO CHARGE A REASONABLE RECONNECTION FEE. IF YOUR ACCOUNT REMAINS UNPAID, WE WILL CANCEL SERVICE FOR NON-PAYMENT. We reserve the right to require recurring credit card billing for certain products or services. We also reserve the right to require an advance deposit (or an increased deposit) from you based on your payment history and changes in your plan and/or the frequency of use of our services. We’ll pay simple interest on any deposit at the rate the law requires. Please retain your evidence of deposit. You agree that we can apply deposits, payments, or repayments in any order to any amounts you owe us on your account(s). You can’t use a deposit to pay any bill unless we agree. We will not honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check or denied credit card charges, depending on applicable law.

  12. 5. Service Subject To Change

    Your service is dependent upon our business requirements, including policies, practices and procedures, which we can change without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to use your service after that point, you’re accepting the changes. If the changes have a material adverse effect on you, however, you can end the affected service, without any early cancellation fee, just by calling us within 60 days after we send notice of the change.

  13. 6. Rights In Numbers And Electronic Addresses We Assign To You

    You do not have any rights in the personal identification number, email address or identifier we assign to you. The same is true for your wireless phone numbers, except for your right to transfer it. In the event we need to change or reassign them, we’ll let you know. Please know that your wireless phone number and/or name may appear when you call someone. We rely on this feature to provide services you enjoy.

  14. 7. Transferring Or “Porting” Phone Numbers

    You may be able to transfer or “port” your phone number from us to another carrier or service provider. We cannot guarantee that this transfer will be successful. If you request that another service provider transfer or “port” your phone number, we will treat this request in the same manner as a request to cancel your GreatCall service. When the transfer is complete you will be responsible for all the terms of cancellation described in Section 3 of this agreement. We may not be able to provide you with some services, such as 9-1-1 location services, while we implement the transfer.

  15. 8. Availability Of Service

    Wireless phones use radio transmissions to access service. Therefore, we can’t provide service when your wireless phone is out of range of our provider’s transmission site or if sufficient network capacity is not available. You may not receive service in certain places, particularly in remote areas, with no service at all. Weather, topography, buildings, your wireless phone and other conditions that are outside of our control may also cause dropped calls or other problems with your service.

  16. 9. Suspending Service If Your Phone Is Lost Or Stolen

    Please notify us immediately if someone steals your phone or you lose it. We’ll be happy to provide a courtesy suspension of service for 30 days or until you choose to replace or recover your phone – whichever comes first – if you haven’t received a courtesy of this kind within the prior year. Until we provide a courtesy suspension, you’ll be responsible for all fees and charges, including those related to the use of services, even if used by another party. We may require a sworn statement about the loss or theft.

  17. 10. Our Rights To Limit/End Service Or This Agreement

    You agree not to resell our service to someone else without prior written permission from GreatCall. You also agree that your wireless phone won’t be used for any purpose that is illegal, isn’t allowed by this agreement or by your User Guide. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:

    1. Two or more late payments in a 12-month period.
    2. Incurring charges greater than your required deposit or billing limit (even if we haven’t yet billed the charges) if you are unwilling to increase your deposit with us.
    3. Incurring charges materially in excess of your monthly access charge (even if we haven’t yet billed the charges).
    4. Harassing our employees or agents.
    5. Lying to us.
    6. Interfering with our operations.
    7. Becoming insolvent or going bankrupt.
    8. Breaching this agreement.
    9. ”Spamming,” or other abusive messaging or calling.
    10. Modifying your phone from the manufacturer’s specifications.
    11. Providing credit information we can’t verify.
    12. Using your service in a way that adversely affects other customers.
    13. Allowing anyone to tamper with your GreatCall number.

    We can also temporarily limit your service for any operational or governmental reason.

  18. 11. Your Privacy

    You agree to the terms of our Privacy Policy, available on our website at www.GreatCall.com/privacypolicy, when you use our services. It may change from time to time, so please review this policy with regularity and care. Among other things, the policy outlines the information we collect about you, how we use that information and with whom we share that information. For example, it may be used to provide certain services, to protect our rights and interests, to respond to legal process or to facilitate a merger. We may also monitor or record your calls with GreatCall representatives to ensure the quality of our services and for other lawful purposes. If you don’t agree with the terms of our Privacy Policy, do not purchase a GreatCall phone or use GreatCall services.

  19. 12. Disclaimer Of Warranties

    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 OR YOUR PHONE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

  20. 13. Indemnification

    You agree to indemnify, defend and hold GreatCall harmless from any claims arising out of use of the phone or service, breach of this agreement or 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 phone or service.

  21. 14. Waivers And Limitations Of Liability

    UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree we aren’t liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we don’t control. You also agree GreatCall is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if you have one), even if you’ve saved them.

  22. 15. Handling Disputes With GreatCall

    ANY CLAIM OR DISPUTE BETWEEN YOU AND GREATCALL IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: GREATCALL, P.O. BOX 4428, CARLSBAD, CA 92018, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT:

    1. (A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND
    2. (B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.

    AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT:

    1. (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND
    2. (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
  23. 16. About You

    You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company.

  24. 17. About This Agreement

    If either of us waives or doesn’t enforce a requirement under this agreement in an instance, we don’t waive our right to later enforce that requirement. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you’ve provided to us, or three 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 any part of this agreement, including any part of its arbitration provisions, 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’t 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 isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents and predecessors/successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of California, without regard to the conflicts of the laws or rules of that state.

  25. 18. Additional Terms For Text Messaging

    The message rates that we charge depend on the GreatCall service plan that you selected. You will incur message charges when you send or receive a message, whether the message has been read or unread, viewed or unviewed, solicited or unsolicited. GreatCall does not guarantee that messages will be received. We are not responsible for lost or misdirected messages.