Legal Terms and Conditions

011 MOBILE’S PREPAY TERMS AND CONDITIONS
(**a product provided by Exit Mobile)
Please read this Agreement carefully before using your Wireless Service. By using
the Service you agree to be bound by these terms and conditions.

THIS AGREEMENT STARTS WHEN YOU ACCEPT, BY CHECKING “I HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.”  You must be 18 years old to purchase a Product or Service and accept this Agreement.  If you are ordering for a company, you’re representing that you’re authorized to bind it.  

This is an agreement (“Agreement”) for wireless telecommunications services and related services and/or features (“Service”) between you and 011 Mobile, a product provided by Exit Mobile (hereafter “011”). The words “we”, “us”, or “our” collectively refer to 011 Mobile and Exit Mobile. You represent that you are at least eighteen (18) years of age and have the legal capacity to accept this Agreement. This Agreement explains the terms and conditions upon which we agree to provide you Service or products and you agree to accept any Service or products provided by us.

1.      Changes to the Agreement  – We may change any terms, conditions, rates, fees, expenses, or charges regarding your service any time.  IF REQUIRED BY LAW, we will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as 011 determines to be most practicable, including playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, or by such other means as 011 may determine.  You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. 

2.      Activating your Service – No action is required for you to activate your mobile device, as each device is already activated on 011’s mobile platform service. However, we may not be able to provide you some services, such as 911 location services, immediately.  By utilizing the service, you authorize company to exchange with its related business entities, contractors, agents who may be involved in providing Service, any customer information you may have provided to 011. 

3.      Charges and Rates for Service.

a.        Prepay Calling Plan, Charges and Fees -- You agree to pay the monthly access charges, airtime charges, long distance charges, roaming fees, taxes, surcharges and any other applicable fees for Services you used, even if you were not the user of your wireless device, and you didn’t authorize its use.   Your rates, charges, and credits are based on the Prepay Calling Plan (collectively called “calling plan”) that you chose. Refer to your calling plan table at www.011mobile.com for details.   Your calling plan becomes part of this Agreement.  To the extent any condition in your calling plan expressly conflicts with this Agreement, the condition in your calling plan will govern.  If at any time you change your service, you will be subject to any requirements we set for that change.  Usage charges may vary depending on where, when, and how you call.  We provide or select the long distance service for calls on our network.  We charge airtime for most calls, including toll-free and operator-assisted calls.  You are considered to be roaming and subject to a roaming charge whenever you make or receive calls out of your home area. Your Calling Plan may have different rates for weekdays and nights.  All international calls will incur airtime charges and international per minute fees.  For International calling rates, contact us at 1-866-612-3948.

2. Additional features and Service charges  -- Additional features or Services such as time, weather, operator or directory assistance, call dialing, calling card use, call forwarding, data calls, automatic call delivery, voice mail, text messaging, and wireless internet access may have additional charges. Features such as call waiting, call forwarding, or 3-way calling involve multiple calls and multiple charges.  You agree to pay any such additional charges at our then current rates.
3. Taxes, Surcharges and Miscellaneous Fees -- You agree to pay all charges for federal, state, and where applicable local taxes we bill you. You also agree to pay any surcharges, access fees, governmental fees and similar fees, such as fees for Universal Service Charges, other Regulatory Fees, and other charges related to our governmental costs that we bill you. These charges may change at any time without notice.

4. Payments, Replenishing Balance and Call Credits.
1. Replenish Balance  – You may replenish your call credit balance at any time before the expiration date of the call credit period by providing us with another payment.  An additional fee may be imposed for certain methods of payment.  
2. Call Credits  – Your call credits are valid for the call credit period, i.e. from the first day of purchase of mobile device, until the call credit expiration date.  Refer to your calling plan table at www.011mobile.com for call credit period details.  We will suspend service when your account reaches the expiration date and any unused balance will be forfeited.
3. Chargeable time -- Your chargeable time starts when you first press “Send” or the call connects to the system. Chargeable time stops when your call disconnects from the system, which will be shortly after you press “End” or the call is otherwise terminated. Partial minutes of use are rounded up to the next minute.
4. Reactivation charges -- If your Service is terminated or suspended and later reactivated, we may charge a reactivation fee.
5. Disputed charges -- Please contact us at 1-866-612-3948 if you believe that you have been charged incorrectly. You shall submit all disputes to us within thirty (30) days of the date of the invoice in question.  If you do not submit your dispute before the end of the thirty (30) - day period, then you shall be deemed to have waived the right to dispute the charges. Both parties will use good faith efforts to resolve the dispute within forty-five (45) days from the Due Date of the invoice in question. If, at the end of the forty-five (45) day period, we resolve the dispute against you, we will notify you and all amounts that were the subject of the dispute shall be paid by you within two (2) business days of such notification. If we resolve the dispute in your favor then we will notify you and a credit for the disputed amounts shall be posted to your account following such notice.

5. Use of Service.
1. No abuse  -- You agree not to use our Service in an abusive, unlawful or fraudulent manner. You may not resell or lease Services to anyone. You are responsible for all use of our Services and charges incurred by your wireless device including but not limited to the use by children or minors. If we suspect that you are using the Service in an abusive, unlawful or fraudulent manner, we may immediately and without notice suspend or terminate your Service pursuant to Section 10.
2. Lost or stolen devices -- If your wireless device is lost or stolen, call us immediately at 1-866-612-3948. You are responsible for all charges incurred before you notify us of the loss or theft. You agree to cooperate with any and all investigations regarding the loss or theft.
6. Coverage -- Coverage is not available everywhere, nor can we guarantee you will receive coverage at all times, or without interruptions or delays. Actual coverage and quality of Service may be affected by conditions beyond our control including but not limited to network problems, software, signal strength, your equipment, structures (including buildings in which you may be located), atmospheric and geographic conditions.
7. Limitation of Liability.

1. Wireless devices and accessories -- We are not responsible for any defects or for the acts or omissions of the manufacturer. We will pass all manufacturer’s warranties on your devices and accessories directly to you. Your device may not accept Service from any other provider.
2. Numbers and Email Addresses -- Except as allowed by law, you have no rights to any number or email address that may be assigned to your device. If you desire to transfer a number from another carrier to us, we will attempt to accommodate you but we make no guarantee that transfers of numbers to or from us will be successful.
7. Limitation of Liability; Disclaimer of Warranties -- IN THE EVENT OF ANY BREACH OF THIS AGREEMENT OR ANY FAILURE OF THE SERVICES WHATSOEVER, NEITHER 011 NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, EVEN IF 011 OR THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 011 MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ITS PERFORMANCE UNDER THIS AGREEMENT.  011 DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICES AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS. WE DO NOT AUTHORIZE YOU TO MAKE ANY WARRANTIES ON OUR BEHALF.
1. Limitations -- We are not liable for any damages arising out of or in connection with any:

1. Act or omission by you, another person or company;
2. Failing to provide Services or problems with your Services or wireless device;
3. Accidents or any health-related claims allegedly arising from the use of the Services or any wireless device; or
4. Failure or interruption in attempting to access emergency services from your wireless device.

2. Force Majeure – 011 shall not be liable, nor  shall any credit allowance or other remedy be extended, for any failure of performance or equipment due to causes beyond 011’s reasonable control.
3. Damages -- If we are found to be liable to you for damages, you agree that any such damages shall not exceed the pro-rated monthly recurring charge for your Services during the affected period.

9. Termination of Service.
1. 011 Termination of Service -- We may terminate your Service as described in Section 5(a) in this Agreement immediately and without notice to you (i.e. if we suspect fraud, abuse or unlawful activity or nonpayment of charges when due). We may terminate your Service and/or suspend your Service for any other breach of this Agreement or for any other business or governmental reason with notice to you.
2. User Termination of Service – You agree to notify us thirty (30) days in advance if you wish to cancel service.  To notify us of your termination, please call us at 1-866-612-3948.  You are responsible for all charges incurred up to cancellation date. 
10. Returns --   If your mobile device is defective, AND you HAVE NOT utilized any minutes within your prepay calling plan, you may terminate your Service and return your wireless device for a full refund WITHIN fourteen (14) days of purchase of your device.  If your mobile device is defective, AND you HAVE utilized some minutes within your prepay calling plan, you may only EXCHANGE your device for the same or similar equipment WITHIN fourteen (14) days of purchase of your wireless device. There are absolutely no returns or exchanges after fourteen (14) days of purchase of the wireless device.  For any returns or exchanges of your wireless device, you must call 011 at 1-866-612-3948 for a return/exchange authorization and return/exchange instructions. You must then immediately return the wireless device as instructed by us in the original box, tray and all of the parts included. The wireless device, equipment and box must be in like new condition with no more than thirty (30) minutes of use. Any wireless device or equipment subjected to neglect, misuse, water damage, or wear and tear may not be returned for credit. Unless the wireless device is returned in this manner and within the time frame required, a full refund or exchange will not be given to you. For information regarding return or exchange of your product, call us at 1-866-612-3948.
11. Package Shipping Damage or Evidence of Tampering -- If you find damage or tampering to your package after accepting delivery and the damage or tampering was not obvious at the time of delivery, you must report this to us by calling us at 1-866-612-3948 within forty-eight (48) hours of accepting delivery in order to return the package.
12. Defective equipment --  Wireless devices that become defective within one (1) year after purchase may be returned to the manufacturer for repair or replacement under the manufacturer’s warranty. Wireless devices subjected to neglect, misuse, or water damage may not be returned under the manufacturer’s warranty. It is in the manufacturer’s sole discretion whether or not to replace or repair your wireless device. If the wireless device is replaced, it may be replaced with a refurbished wireless device. For information regarding return of your product or more specific information about returned products, call us at 1-866-612-3948.
13. Risk of Loss: Insurance – Upon your acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by you.  No such loss, damage, theft, or destruction of the Equipment, in whole or in part, shall impair your obligations hereunder, including without limitation, responsibility for payment of Service Charges due hereunder.  011 may offer insurance policies for your Equipment through an independent third party company, 
14. Indemnification -- You will defend, indemnify and hold harmless 011 and its respective officers, directors, employees, contractors and agents against and from any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement including without limitation, attorneys’ fees and all reasonable costs and expenses of litigation arising out of, resulting from or based upon any complaint, claim, action, proceeding or suit to the extent that such claim arises out of any violation of this Agreement by you.
15. Notices -- All notices to be sent to you pursuant to this Agreement shall be in writing and sent by electronic mail (“email”) to the email address associated with your account (if available), and/or US mail or private courier. Any email notice shall be deemed delivered when sent. Notices sent via U.S. mail or courier shall be deemed delivered two (2) days after the date sent.
16. Waiver and Amendment -- The failure of 011 to enforce any provision hereof on one or more occasions shall not constitute the permanent waiver of such provision.
17. Settling a Dispute -- We have made every effort to provide a service that will meet and exceed your expectations.  If a dispute arises between us, please contact us and we will attempt to resolve the dispute fairly and amicably.  If the dispute continues, you may also contact your governing state and/or federal agency in order to aid in settling our dispute.  If we are still unable to resolve the dispute, you agree to SETTLE DISPUTES EXCLUSIVELY BY ARBITRATION, except for certain small claims actions, and further agree that arbitration or a small claims action will provide for exclusive resolution of any issue.  We agree to arbitrate all disputes and court claims arising out of or relating to this Agreement, or to any prior oral or written agreement for equipment or services between us.  As the only alternative to arbitration, either party may bring an individual action in small claims court.  Except to the extent prohibited by law, all claims must be filed within two years of the date the claim arises.
18. Class Action Waiver -- Whether a small claims court or arbitration, you agree to only bring claims against each of us in an individual capacity and not as a class representative or a class member in a class or representative action.  You also agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19. Choice of Law -- This Agreement shall, in all respects, be governed by and construed and enforced in accordance with the laws of the State of Nevada , without respect to the state’s conflict of laws provisions. You acknowledge and agree that any action to enforce or interpret the terms of this Agreement or relating to the Services to be provided by 011 shall be instituted and maintained only in Clark County, Nevada . You hereby consent to the jurisdiction and venue of such court and waive any objection to such jurisdiction and venue.
20. Survival -- No termination of this Agreement shall affect the rights or obligations of either party with respect to payment or with respect to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement, including without limitation, indemnification, limitation of liability, governing law and forum selection.
21. Severability -- If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable by a court or body of competent jurisdiction, then the provision shall be deemed modified to the minimum extent necessary to be valid.
22. Assignment -- 011 may assign its rights and duties at any time to any party without notice to you. You may not assign this Agreement without the prior written consent of 011.

Costs and Attorneys’ Fees --  If a proceeding is brought for the enforcement of this Agreement or because of any alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement or the Services, each  party shall be responsible and liable for their own attorney’s fees and other  costs and expenses incurred in such action or proceeding.

Any questions regarding the coverage provided under this Agreement should be directed to our authorized representative as follows:

011 Mobile Customer Care Center
4380 Boulder Highway
Las Vegas, NV 89121
1-866-612-3948