Terms Applicable to Cross Wireless dba Bravado Wireless Post-Paid National/Regional CDMA and
4G LTE Plans:
These
Terms and Conditions for Service govern the sale and delivery of services by
Cross Wireless Telephone Company (“Cross Wireless and Bravado Wireless”) to the
user (sometimes referred to herein as “you”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions for Service
constitute an agreement (“Agreement”) between the user and Bravado Wireless and
contain a clause requiring the use of arbitration rather than jury trials or
class actions to resolve disputes, and other clauses which may affect the
user’s legal rights. This
Agreement also includes by this reference any terms and conditions applicable
to the service(s) that the user selects as described in any of Bravado
Wireless’ product brochure(s), literature or on its official website (https://bravadowireless.com ). In addition, certain regulations and other
laws may also govern the provision of services by Bravado Wireless to the
user. This Agreement replaces and
supersedes all previous versions of the Terms and Conditions for Service. Because these Terms and Conditions for Service
may change from time to time, please visit Bravado Wireless at its official
website (https://bravadowireless.com
) or visit a Cross or Bravado Wireless retail store
for the most current version.
IMPORTANT:
WHEN YOU INITIATE SERVICE OR USE THE SERVICE BY, FOR EXAMPLE, PLACING A CALL,
SENDING A MESSAGE OR TRANSMITTING DATA ON THE BRAVADO WIRELESS SYSTEM OR
ANOTHER SYSTEM THAT HAS AGREED TO CARRY BRAVADO WIRELESS SERVICES, YOU INDICATE
YOUR ACCEPTANCE OF THIS AGREEMENT AND INTENT TO BE BOUND BY THE TERMS CONTAINED
HEREIN. IN ADDITION, EACH TIME YOU PAY
FOR SERVICE FROM BRAVADO WIRELESS, YOU CONFIRM YOUR ACCEPTANCE OF THIS
AGREEMENT. IF YOU DO NOT WANT TO ACCEPT
THIS AGREEMENT, DO NOT INITIATE SERVICE OR USE THE
SERVICE AND RETURN YOUR WIRELESS DEVICE, UNUSED AND WITH THE ORIGINAL RECEIPT
AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED WITHIN THE
RETURN PERIOD SET BY THAT STORE FOR A REFUND.
IF
YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR
AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS
SET FORTH IN THE PRIOR AGREEMENT. IF YOU
ELECT TO SO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT,
INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS OR TERMINATION FEES.
IF
YOU HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, BUT CONTACT EITHER
BRAVADO WIRELESS OR ITS AUTHORIZED DEALERS TO HAVE YOUR QUESTIONS ANSWERED.
Customer
Eligibility: For certain plans, Bravado Wireless
will require a credit check to be completed.
The Agreement is contingent upon Bravado Wireless’ verification and
approval of certain credit and other information about the user. Subscriber must live and have a service
address within Bravado Wireless’ owned network coverage area. Bravado Wireless reserves the right to deny
or limit the provision of services on the basis of any information that it
gathers. Bravado Wireless may take any
action permitted by law that it believes is necessary to verify the user’s
identity, age, account activity or credit, and Bravado Wireless may take that
action at any time. Bravado Wireless may
require that the user provide Bravado Wireless with additional or updated
information reasonably needed to determine if the user qualifies for services,
to manage the services, or to determine if the user is using the services in
accordance with this Agreement. If the user does not provide Bravado Wireless
the information it requests within the time period that it specifies, Bravado
Wireless may elect to deny or to suspend or terminate service to the user. The
user warrants and represents that all information furnished to Bravado Wireless
by the user is current, complete, accurate and true as of the time the user
provides it, and the user will update it as necessary to keep it complete,
accurate, and true. Subject to its
limitations regarding customer proprietary network information (“CPNI”), Bravado
Wireless may share information it gathers about the user as provided elsewhere
in this Agreement and in its privacy policy which is available at our official
website (https://bravadowireless.com ), which is incorporated
herein by reference.
Device Installment Plan: Bravado Wireless may provide monthly payment options when purchasing
devices/equipment. An initial payment may be required at time of
sale that may be determined by the customer’s credit score. Bravado Wireless
reserves the right to establish payment levels and initial payment
requirements. Bravado Wireless has sole discretion to allow or disallow payment
options or installment payment plans to an individual customer or in its
entirety.
Late Fees on Device Installment Plans:
In accordance with the Laws of the State of Oklahoma, Bravado Wireless
reserves the right to charge a late fee on Device Installment Plan. The Late
Fee is a separate charge then the monthly recurring service (MRC) charge. The
Late Fee will be added to the users account if the Installment payment exceeds
the due date on the invoice.
Credit, Deposits and Refunds: Bravado Wireless may
require a deposit for service. The
user’s deposit will be refunded after 12 months of satisfactory payment
activity. An early termination fee of $150 for 3G Plans
applies if service is terminated before the end of the contract term and will
be reduced by $5 for each full month toward the user’s minimum term that the
user completes. An early termination fee of $350 will apply all 4G LTE Plans if
service is terminated before the end of the contract term and will be reduced
by $14 for each full month toward the user’s term that the user completes. If the user’s handset or device is returned
within 3 days of activating service, the user’s activation fee will be
refunded. If the user’s handset or
device is returned within 14 days of activating service in like-new condition
with all components, the early termination fee will be waived. All other charges apply. Some agents, distributors or resellers may
impose additional fees.
All sales are final. Bravado
Wireless may, at its option, authorize returns, or refund the purchase price of
the equipment at its sole discretion.
Minute
Increment Billing and Usage: Airtime and other measured usage are billed in
full-minute increments, and actual airtime and usage are rounded up to the next
full increment at the end of each call for billing purposes. Bravado Wireless charges a full-minute
increment of usage for every fraction of the last minute used on each wireless
call. Minutes will be depleted according to usage in the following order: Night
& Weekend Minutes, Mobile to Mobile Minutes, and Bravado Wireless Plan
minutes except that minutes that are part of both a limited and an unlimited
package will not be depleted from the limited package. Calls placed on networks served by other Bravado
Wireless may take longer to be processed, and billing for these calls may be
delayed. Those minutes will be applied against the user’s Bravado Wireless Plan
monthly minutes in the month in which the calls appear on the user’s bill. Unanswered originating
calls will incur a minimum of 30 seconds of airtime.
Data Usage: Data usage is measured by the
megabit (Mb) and billed by the megabit (Mb) Data usage is rounded up to the
nearest Mb and at the end of each session for billing purposes. Bravado
Wireless charges a full Mb for partial Mb usage. All Data Overage will be
rounded up to the nearest megabit (MB) and billed accordingly. Data Overages will be billed as actual
incurred usage based on current advertised per GB Rate. Bravado Wireless does
not “round”
usage down or up to the nearest Gb for overage
calculation on monthly billing statements.
When checking data usage there
Rate
Plans: The
user’s rate plan determines the charges and fees the user has to pay for
services, and will remain the user’s rate plan until that rate plan is
modified, the user switches to a different rate plan, the user cancels its
service or its service is terminated.
The user’s rate plan is part of this Agreement. Bravado Wireless may change this Agreement,
the user’s rate plan, any fees and any applicable surcharges, and taxes at any
time. Any such changes to this Agreement the user’s rate plan, any fees and any
applicable surcharges, and taxes shall be effective when Bravado Wireless
publishes the revised terms and conditions or otherwise gives the user notice
of such changes.
Restricted
Rate Plans: Bravado Wireless reserves the right to suspend
service at usage limits determined by Bravado Wireless. Service will be
suspended by Bravado Wireless when the customer exceeds the usage limit. Service will be restored when customer
purchases additional usage or the monthly service plan renews. The customer has the right to move to a unrestricted plan and meets the qualification
requirement(s) for unrestricted service. It is not the responsibility of Bravado
Wireless to notify customer of usage limit(s) or proximity of customer
exceeding/approaching those limits.
Unrestricted
Rate Plans: A customer will be required to pay any overages
incurred on Unrestricted Rate Plans. Bravado Wireless makes no representations
otherwise.
Expired
Plans: Customers
are allowed to remain on a rate plan that has been expired and no longer
available as long as the account is not disconnected for non-pay, downgraded or
change of any plan or features or the purchase of a new device. If the customer is disconnected for any
reason, makes any modification or changes to their respective account, or purchases
additional devices or services, customer will be required to move to a new plan
that is a current advertised plan.
First
Month Prorates: Customers are required
to pay the appropriate amount for the first month of service at time of activation
the prorated amount applies to the monthly plan, taxes, fees and any
airtime/data usage, for the remaining part of the month.
Plan upgrade credits
If a customer moves up in plans based on plan rates and Bravado Wireless
gives credit for overages for that specific plan change, the customer is
required to remain on the upgraded plan and cannot disconnect service or
downgrade service for a minimum of six (6) months. If customer disconnects or downgrades
service, Bravado Wireless reserves the right to bill/ charge the overages that
were waived back to the customer in which customer will be responsible for
paying.
Pricing/Taxes/No
Proration: Final month’s charges are not prorated. Prices are subject to change. Prices do not include taxes or any government
regulatory assessment. If a user has
been granted tax exempt status, the user must provide Bravado Wireless with
adequate documentation evidencing such tax exempt status at the time of
activation. If a user defaults on the
balance due to Bravado Wireless, Bravado Wireless reserves the right to
discontinue service without notice to the user.
Activation
Fees: A $35 Activation Fee applies to each new account. An additional $35 Activation Fee applies to
each additional line added to an account.
If a user is disconnected for failure to pay any balance due, an
additional Activation Fee may be assessed at the time of reactivation. Reactivation will only occur after the user
has paid the balance owed in full.
Nights
& Weekends: Nights are 9 p.m. to 7 a.m. Weekends are 9 p.m. Friday to
7 a.m. Monday (based on time of day at the cell site or switch providing the
service). Included long distance calls
can be made from the 50 United States, Puerto Rico, and U.S. Virgin Islands to
the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam, and Northern
Mariana Islands. Roaming charges do not
apply when roaming within the service area of land-based networks of the 50
United States, Puerto Rico, and U.S. Virgin Islands. International long distance rates vary. Additional charges apply to services used
outside the land borders of the U.S., Puerto Rico, and U.S. Virgin Islands.
Unlimited
Voice Services: Unlimited voice services are provided primarily for live
dialogue between two individuals. If the
user’s use of unlimited voice services for conference calling or call
forwarding exceeds 800 minutes per month, Bravado Wireless may, at its option,
terminate the user’s service or change the user’s plan to one with no unlimited
usage components. Unlimited voice services may not be used for monitoring
services, data transmissions, transmission of broadcasts, transmission of
recorded material, or other connections which do not consist of uninterrupted
live dialogue between two individuals.
If Bravado Wireless determines that the user is using an unlimited voice
service offering for other than live dialogue, Bravado Wireless may, at its
option, terminate the user’s service or change the user’s plan of comparable
pricing solely at the discretion of Bravado Wireless. Bravado Wireless will provide notice that it
intends to take any of the above actions, and the user may terminate the
agreement.
Bravado Wireless Internet Policy: It is the intent of Bravado Wireless to
provide our customers with the best Internet
service possible. It is the
responsibility of all Bravado Wireless customers and all others who have access
to the Bravado Wireless network ("customer," "you," or
"your"), to comply with terms and conditions of all Bravado Wireless
policies. As a Service customer, it is your responsibility to secure your
computer equipment so that it is not subject to external threats such as
viruses, spam, and other methods of intrusion. Failure to comply with these or
any other Bravado Wireless policies could result in the suspension or
termination of your Service. If you do not agree to comply with all of these policies
you must immediately stop use of the Service and notify Bravado Wireless so
that your account may be closed.
Note:
Bravado Wireless reserves the right to immediately
terminate the Service and the Customer Service Agreement if you engage in any
of the prohibited activities listed in the terms and conditions or if you use
the Bravado
Wireless equipment or service in a way which is contrary to any Bravado Wireless
policies.
Prohibited
Uses and Activities: Prohibited uses
include, but are not limited to, using the Service, Customer Equipment, or the Bravado
Wireless Equipment to:
(i) undertake or accomplish any
unlawful purpose. This includes, but is not limited to, posting, storing,
transmitting or disseminating information, data or material which is libelous,
unlawful, threatening, defamatory, or which infringes the intellectual property
rights of any person or entity, or which in any way constitutes or encourages
conduct that would constitute a criminal offense, or otherwise violate any
local, state, federal or international law, order or regulation;
(ii)
access any other person's computer or computer system,
software, or data without their knowledge and consent; breach the security of
another user; or attempt to circumvent the user authentication or security of
any host, network, or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the security of other
hosts, networks, or accounts;
(iii)
use or distribute tools designed or used for compromising security, such as
password programs, decoders, password gatherers, analyzers, cracking tools,
packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network
probing or port scanning tools authorized by the destination
host and/or network. Unauthorized port scanning, for any reason, is strictly
prohibited;
(iv)
upload, post, publish, transmit, reproduce, create derivative works of, or
distribute in any way information, software or other material obtained through
the Service or otherwise that is protected by copyright or other proprietary
right, without obtaining permission of the owner;
(v)
restrict, inhibit, interfere with, or otherwise disrupt or cause a performance
degradation, regardless of intent, purpose or knowledge, to the Service or any
host, server, core or access network, node or service, or otherwise cause a
performance degradation to any facilities used to deliver the Service;
(vi) resell the
Service or otherwise make available to anyone outside the Premises the ability
to use the Service (i.e. Wi-Fi, or other methods of networking), in whole or in
part, directly or indirectly, or on a bundled or unbundled basis. You agree not
to use the Service for operation as an Internet service provider, or as an
end-point on a non-Bravado local area network or wide area network;
(vii) transmit
unsolicited bulk or commercial messages or "spam." This includes, but
is not limited to, unsolicited advertising, promotional materials or other
solicitation material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for signatures;
Security
You are responsible for any misuse of
the Service, even if the misuse was committed by a friend, family member, or
guest with access to your Service account. Therefore, you must take steps to
ensure that others do not use your account to gain unauthorized access to the
Service by, for example, strictly maintaining the confidentiality of your
Service login and password. In all cases, you are solely responsible for the
security of any device you choose to connect to the Service, including any data
stored or shared on that device. Account functions such as verifying and
maintaining the account, options and settings, must be performed by a person at
least 18 years of age, without exception. Bravado Wireless recommends against
enabling file or printer sharing of any sort unless you do so in strict
compliance with all security recommendations and features provided by Bravado
and the manufacturer of the applicable file or printer sharing devices. Any
files or devices you choose to make available for shared access on a home LAN,
for example, should be protected with a strong password or as otherwise
appropriate.
Copyright
Infringement
Bravado Wireless is committed to
complying with U.S. copyright and related laws, and requires all customers and
users of the Service to comply with these laws. Accordingly, you may not store
any material or content on, or disseminate any material or content over, the
Service (or any part of the Service) in any manner that constitutes an
infringement of third party intellectual property rights, including rights
granted by U.S. copyright law. Owners of copyrighted works who believe that
their rights under U.S. copyright law have been infringed may take advantage of
certain provisions of the Digital Millennium Copyright Act of 1998 (the
"DMCA") to report alleged infringements. It is Bravado's policy in
accordance with the DMCA and other applicable laws to reserve the right to
terminate the Service provided to any customer or user who is either found to
infringe third party copyright or other intellectual property rights, including
repeat infringers, or who Bravado believes in its sole discretion is infringing
these rights. Bravado may terminate the Service at any time with or without
notice for any affected customer or user.
Copyright owners may report alleged
infringements of their works that are stored on the Service or the Personal Web
Features by sending Bravado Wireless a notification of claimed infringement
that satisfies the requirements of the DMCA. Upon receipt of a satisfactory
notice of claimed infringement for these works, Bravado Wireless will respond
expeditiously to either directly or indirectly (i)
remove the allegedly infringing work(s) stored on the Service or the Personal
Web Features or (ii) disable access to the work(s). Bravado Wireless will also
notify the affected customer or user of the Service of the removal or disabling
of access to the work(s). If the affected customer or user believes in good
faith that the allegedly infringing works have been removed or blocked by
mistake or misidentification, then that person may send a counter notification
to Bravado. Upon receipt of a counter notification that satisfies the
requirements of DMCA, Bravado Wireless will provide a copy of the counter
notification to the person who sent the original notification of claimed infringement
and will follow the DMCA's procedures with respect to a received counter
notification. In all events, you expressly agree that Bravado Wireless will not be a party to any disputes or
lawsuits regarding alleged copyright infringement.
Copyright owners may send Bravado
Wireless a notification of claimed infringement to report alleged infringements
of their works to:
Bravado Wireless
Fax: (918)
463-2551
PO Box 9
Warner, OK 74469
If a notification of claimed
infringement has been filed against you, you can file a counter notification
with Pioneer's designated agent using the contact information shown above. All
counter notifications must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright Act.
Bravado Wireless does not routinely
monitor the activity of Service accounts for violation of this AUP; however, in
our efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our Service.
Although Bravado Wireless has no obligation to monitor the Service and/or the
network, Bravado and its suppliers reserve the right at any time to monitor
bandwidth, usage, transmissions, and content from time to time to operate the
Service; to identify violations of this Policy; and/or to protect the network,
the Service and Bravado Wireless users.
Bravado Wireless prefers to advise
customers of inappropriate behavior and any necessary corrective action;
however, if the Service is used in a way that Bravado or its suppliers, in
their sole discretion, believe violate this AUP, Bravado Wireless or its
suppliers may take any responsive actions they deem appropriate. These actions
include, but are not limited to, temporary or permanent removal of content,
cancellation of newsgroup posts, filtering of Internet transmissions, and the
immediate suspension or termination of all or any portion of the Service.
Neither, Bravado, nor its affiliates, suppliers, or agents will have any
liability for any of these responsive actions. These actions are not Bravado's
exclusive remedies and may take any other legal or technical action it deems
appropriate.
Bravado Wireless reserves the right to
investigate suspected violations of this AUP, including the gathering of
information from the user or users involved and the complaining party, if any,
and examination of material on the Bravado Wireless servers and network. During
an investigation, Bravado may suspend the account or accounts involved and/or
remove or block material that potentially violates this Policy. You expressly
authorize Bravado Wireless and its suppliers to cooperate with (i) law enforcement authorities in the investigation of
suspected legal violations, and (ii) and system administrators at other
Internet service providers or other network or computing facilities in order to
enforce this Policy. This cooperation may include providing available
personally identifiable information about you to law enforcement or system
administrators, including, but not limited to, username, subscriber name, and
other account information. Upon termination of your account, Bravado Wireless
is authorized to delete any files, programs, data and e-mail messages
associated with your account.
Internet Provisions
Bravado does not endorse or in any way
vouch for the accuracy, completeness, truthfulness or reliability of any
service, opinion, advice, communication, information or other content on or
made available through the Service. None of such content should be construed or understood to constitute or
reflect the views or approval of Bravado or any of its subsidiaries or
affiliates. We do not recommend that such content be relied on for reaching
important decisions or conclusions without appropriate verification and, as
appropriate, professional advice.
You acknowledge that Internet sites, and
use of the Internet, might consist of, include and/or provide access to images,
sound, messages, text, services or other content and material that may be
unsuitable for minors and that may be objectionable to many adults. You
acknowledge that Bravado is not responsible for any such content or material
and agree that access to same through use of the Service is at your sole risk.
The reliability, availability, legality, performance and other aspects of
resources accessed through the Internet are beyond Bravado’s reasonable control
and are not in any way warranted or supported by Bravado or its third party
contractors. You acknowledge that safeguards relative to copyright, ownership,
appropriateness, reliability, legality and integrity of content may be entirely
lacking with respect to the Internet and content accessible through it. You
confirm that you assume all risk and liability of any use of the Internet
through your account.
Unlimited Data Service: If the user’s data
service usage (including unlimited services) during any month on (on-net usage)
or off (off-net usage) Bravado Wireless network exceeds the users usage
allowance, Bravado Wireless may, at its option, terminate the user’s service,
deny the user’s continued use of other Bravado Wireless coverage or change the
user’s plan to one imposing additional usage charges. The usage allowance is
not to exceed 100 Gb for
unlimited data plans. Bravado Wireless will provide notice that it intends to
take any of the above actions, and may terminate the agreement.
Unrestricted 4G LTE Fixed Data Service: If the user’s data
service usage (including unrestricted data services) during any month on
(on-net usage) Bravado Wireless network exceeds the users usage allowance, Bravado
Wireless may, at its option, terminate the user’s service, deny the user’s
continued use of other Bravado Wireless coverage or change the user’s plan to
one imposing additional usage charges. The usage allowance is not to exceed 80 Gb on unrestricted data plans. Bravado
Wireless will provide notice that it intends to take any of the above actions,
and may terminate the agreement. If
off-network charges are incurred, the customer is responsible for all charges
at a rate of coin data rate of $.02 and national data rate of $.05. Any overages over 80GB will be the sole
responsibility of the user and will be billed per mb
Enterprise Data Plan: If the user’s
data usage during any month on (on-net usage) or off (off-net usage) Bravado Wireless network exceeds the users
usage allowance, Bravado Wireless may, at its option, terminate the user’s
service, deny the user’s continued use of other Bravado Wireless’ coverage or
change the user’s plan to one imposing additional usage charges.
The usage allowance is not to exceed 120 Gb on
the Enterprise Plan. Bravado
Wireless will provide notice that it intends to take any of the above actions,
and may terminate the agreement. If
off-network charges are incurred, the customer is responsible for all charges
at a rate of coin data rate - $.02 and national data rate of $.05. Any overages over 120 GB will be the sole
responsibility of the user and will be billed $10.00 per GB.
Data Rates/Speeds: Bravado Wireless makes no guarantee
toward data rates or speeds. Bravado Wireless does not intentionally rate limit
data usage or cap its data usage per subscriber. Certain network capacity limitations
and constraints, coverage, transport, server speed, or internet capacity may
limit and affect data speeds beyond Bravado Wireless’s
control and the user may experience a limitation or downgrade of expected data
rates or speed. Bravado Wireless’s Data service is
considered a “best effort” service. For
more information, please visit our net neutrality statement listed on www.Bravadowireless.com.
Vehicle Data Connect Plan: Bravado Wireless reserves the right to terminate
service if usage over 4GB of data is used outside the Bravado home service
area.
Caller
ID Blocking: The user’s billing name may be displayed along
with the user’s wireless number on outbound calls to other wireless and
landline phones with Caller ID capability.
The user’s telephone number and location may also be transmitted to
public safety officials if the user dials 911 or other emergency service
numbers. The user may contact customer
service for information about blocking the display of the user’s name and
number, except to the extent the display of such information is necessary to
assist emergency responders or is otherwise required by law.
Basic
& Enhanced Voicemail: Unless the user
subscribes to an unlimited voice plan, airtime charges apply to calls to the
user’s voicemail service, including calls where the caller does not leave a
message because the call has been completed, calls to listen to, send, reply
to, or forward messages, or to perform other activities with the user’s
voicemail service, including calls forwarded from other phones to the user’s
voicemail service. The user is solely
responsible for establishing and maintaining security passwords to protect
against unauthorized use of the user’s voicemail service. Upon notice to the user, Bravado Wireless may
change the number of voicemails the user can store, the length of time the user
can store those messages, and other voicemail features. Bravado Wireless may deactivate the user’s
voicemail service if the user does not initialize it within a reasonable period
after activation. Bravado Wireless will
reactivate the service upon the user’s request.
Add-a-line: Adding lines to an account may require up to a
two-year service agreement for each line.
Add-a-line plans include only package minutes included with the primary
number, and minutes are shared by the additional lines. The rate shown for additional minutes applies
to all minutes in excess of the Bravado Wireless Plan minutes. A maximum of 3 add lines to each main line is
allowed on any Bravado Wireless Plan. If
an account requires more than 4 lines, another main line will need to be
created.
Call
5/10: Call 5/10 is available only with select Bravado Wireless
Plans. Bravado Wireless Plan subscribers can place/receive calls to/from up to
5 or 10 (depending on the availability with Bravado Wireless Plan) wireline or wireless telephone numbers without being
charged for airtime minutes. Only
standard domestic landline or wireless numbers may be added and Call 5/10 is
only for domestic calls. Directory
assistance, 900 numbers, chat lines, pay per call numbers, user’s own wireless
or voicemail access numbers, numbers for call routing services and call
forwarding services from multiple phones, and machine to machine numbers are
not eligible. Depending on the PBX
system, a private telephone system often serving businesses, Bravado Wireless
may not be able to determine if the user’s selected PBX Call 5/10 number is
calling/receiving calls from the user’s wireless number and airtime charges
could apply. Forwarded calls will be
billed based on the originating number, not the call forwarding number, and
airtime charges may apply. Only voice
calling is eligible. Call 5/10 number
selections may only be added at a retail location or calling customer service. Selected telephone numbers do not become active
until 24 hours after they have been added.
Bravado Wireless reserves the right to block any Call 5/10 number and to
reduce the amount of telephone numbers that can be used for Call 5/10 without
notice. Call 5/10 is not eligible on
Lifeline local non-contract accounts. Call 5/10 numbers can only be changed two
(2) times per calendar year at no charge.
Any additional changes within the calendar year will be charged a $25.00
change fee.
Wireless Protection: Wireless Protection may
be added to a plan for device replacement purposes only. Deductable rates apply to both 3G devices and
4G LTE devices. Rates are subject to
change. The following restrictions and
requirements will apply: Replacement for
like-device only. Replacement equipment
may be new or refurnished. If the same
make or model is not available, a like-kind make or model may be
substituted. All replacements will be
made at Bravado’s discretion. This
coverage is void in the case of fraud, intentional concealment, intentional
physical damage or misrepresentation of a material fact at any time concerning
the requested claim. The customer is
required to retain insurance for a minimum of one year after filing a
claim. After the one year requirement,
the customer may cancel without penalty.
If the customer cancels data protection before the one is completed,
customer is responsible for paying the retail value of the device. Deductibles are non-refundable on each
approved claim. No new contract is
required. If the customer is within 6
months of a completed contract, they may have the option of purchasing a new
device at the upgrade pricing with a 2 year contract. The remainder of the existing contract will
be added to the new 2 year extension. One claim per year, the year begins after the
first claim. Insurance must be added
within 30 days of purchase. If added
after the customer leaves the store, the device must be brought back to the
corporate retail location for inspection to insure there is no damage to the
device. Wireless protection is not
provided on devices that are purchased from an Authorized Agent other than Bravado
Wireless. Exclusions are: Accessories, Local Lifeline Accounts and, Prepaid
Accounts. Eligibility is subject to
change. Covered Incidents: Lost, stolen
(must provide a police report within 30 days), physical damage (liquid damage
is excluded) and mechanical and or electrical failure after the manufacturer’s
warranty has expired. How to file a
claim: Must be an active Bravado
Wireless customer, account must be in good standing, must be the account holder
or authorized user with valid identification and the claim must be filed within
30 days of the reported incident.
Detailed Billing: Detailed billing is
available with each monthly invoice for $3.00 per month. If detailed billing is not included on the
account, a copy may be requested at the local Bravado retail location for a fee
of $3.00 which must be paid at the time the copy is received. Requested copies of detailed billing can only
be requested and picked up by the account holder with valid identification.
Mobile
to Mobile Minutes: Mobile to Mobile Minutes may be used when directly
dialing or receiving calls from any other Bravado Wireless phone number from
within the user’s calling area. Calls to
Bravado Wireless voicemail and return calls from voicemail are not included in
Mobile to Mobile minutes.
Messaging
Plans: Quick messaging device owners must subscribe to an
eligible messaging plan or combination of eligible messaging and data
plans. If it is determined that the user
is using a Quick Messaging Device without an eligible messaging plan or
combination of eligible messaging/data plans, Bravado Wireless reserves the
right to add an eligible messaging or data plan to the user’s account and bill
the user the appropriate monthly fee.
Data
Plans: An eligible data plan is
required for certain devices, including all smartphones. Eligible data plans cover data usage in the
U.S. and do not cover international data usage and charges. If it is determined that the user is using a smartphone without an eligible data plan, Cross Wireless
reserves the right to add an eligible data plan to the user’s account and bill
the user the appropriate monthly fee.
Tethering of a device is expressly prohibited.
Use of Service: The user shall not
allow any fraudulent or illegal use of the services according to State and
Federal laws. Only users authorized by
the subscriber may use the service. In addition, all products may not be
available in all areas. The user will be responsible for all authorized usage
on the user account. The user agrees not to resell the service or use the
service in any unlawful or abusive purpose. The user agrees to use the services
in accordance with this Agreement and to comply with all applicable laws. The user shall always use its wireless
handset or device in a safe manner that does not create a risk to the user’s
safety or the safety of others. The user
will be aware of and comply with the laws that apply when driving. If the user must use wireless service while
driving, Bravado Wireless recommends the use of a “hands-free” wireless handset or
device. The user agrees to indemnify,
defend and hold harmless Bravado Wireless from any violation by the user of the
terms and conditions of this Agreement or any applicable laws or rules or
regulations of any local, state or federal authority.
Numbers: Bravado Wireless
will assign a phone number (the “Number”) to the user’s wireless device
including data devices. The user does
not own the Number or any other personal identification number (“PIN”) assigned
to the user or that user may use in connection with the service. Upon notice to the user, Bravado Wireless can
change, reassign or eliminate any Number or PIN. If the user’s account is deactivated, Bravado
Wireless can reassign the Number without giving any notice. The user may not assign the Number to any
wireless device or other equipment except as approved by Bravado Wireless or
otherwise required by law. In order for
the user to “port” or keep its Number when changing telephone service
providers, the user must have an active account with Bravado Wireless. The user may be required to purchase a new
wireless phone or other equipment in order to change service to or from Bravado
Wireless service and may be without service for some period of time. Bravado Wireless may charge a fee to reimburse
Bravado Wireless for the costs it incurs to meet the equipment, technology and
infrastructure requirements necessary to enable number porting. Bravado Wireless may also charge a fee to
reimburse it for the cost it incurs to perform a port.
SIM CARDS: 4G LTE devices may require a SIM
card to enable use of the LTE device. If the user damages, loses, or misplaces
the SIM card, Bravado Wireless will charge $25.00 to the user to replace the
SIM Card. The Bravado Wireless SIM card
is not warranted to work correctly in any device not expressly noted by Bravado
Wireless.
CPNI: In providing
service to the user, Bravado Wireless will receive information classified as
“customer proprietary network information” (“CPNI”), which is considered
confidential under federal law, such as information regarding the user’s usage
of the service, the technical configuration of such service, the destination of
telephone calls the user makes, and the type of services the user purchases. Bravado Wireless may use this information for
certain purposes without further disclosure or consent, including the
following: (1) to initiate and render service to the user; (2) to bill and
collect payment from the user for service; to market Bravado Wireless service
offerings or service enhancements to the user related to the services that the
user already purchases from Bravado Wireless; (3) to protect the user, other Bravado
Wireless users, Bravado Wireless, and/or other carriers from fraud, abuse or
unlawful use of its service; (4) to provide the network location of the user’s
wireless device to a Public Safety Answering Point (“PSAP”) or other local
emergency authority if the user dials 911; and (5) to otherwise comply with
law. Additionally, Bravado Wireless may
provide subscriber list information that it gathers in its capacity as a
provider of telephone exchange service to any person upon request for the
purpose of publishing directories in any format. Bravado Wireless reserves the right to
communicate with the user by using prerecorded messages that are informational
or promotional in nature. Additional
provisions regarding Bravado Wireless’ use of CPNI and other subscriber
information is set forth in Bravado Wireless’ privacy policy, available at its
official website (https://bravadowireless.com ).
On-Line Customer Portal – Bravado Wireless is not responsible for
security of the on-line customer portal.
It is the user’s responsibility to maintain security of their on-line
account. Bravado Wireless is not responsible for security breaches caused by
the On-Line Customer Portal or lost account information via the Customer Portal. On-Line Customer Portal Availability is not
the responsibility of Bravado Wireless. Any overages occurred due to the
On-Line Customer Portal being unavailable will not be waived by Bravado
Wireless and will be billed according to usage. It is the responsibility of the
customer to pay those overages if incurred. When checking amount of data used,
it is possible there could be up to a 72 hour delay. The On-Line Customer Portal requires a valid
internet connection and it is not the responsibility of Bravado Wireless to
provide that on-line connection.
Lifeline Certification: Bravado Wireless is a
designated eligible Lifeline carrier within certain areas of the State of
Oklahoma. Bravado Wireless follows the
established USAC guidelines for eligibility of Lifeline service. Bravado
Wireless requires annual re-certification to maintain existing user Lifeline
benefits. A user that fails to re-certify by the required date will be moved to
a non-lifeline plan and the Lifeline credit removed on a contract Lifeline Plan
and will be disconnected if on a local non-contract plan. The user will be
responsible for any charges that may occur. Additional information regarding
Lifeline service is set forth in Bravado Wireless Lifeline policy, available at
its official website (https://bravadowireless.com).
Billing and Payment: Payment for
services is due on or before the due date as stated in the user’s bill. The
user may be required to pay a convenience or processing fee for some methods of
payment or for the use of some payment locations. All bills shall be delivered
via U.S. mail, unless the user agrees to receive a bill through different
means, such as electronically through the Internet.
The user may authorize
recurring payment of the Bravado Wireless bill by credit card ("Credit Card"),
which will authorize Bravado Wireless to charge all amounts the user owes to
the Credit Card up to seven (7) days prior to the due date and to demand
immediate payment from the card issuer. Unless required by law, Bravado
Wireless will not be required to give any additional notice to the user or
obtain additional consent from the user before billing the Credit Card for
service each month. The user must
promptly notify Bravado Wireless of any change in the user’s billing address or
the Credit Card used for payment. The user may also pay the Bravado Wireless
bill (1) by mailing a check or money order to Bravado Wireless; (2) in person
at any Bravado Wireless authorized payment center; or (3) over the phone. The
user may have to pay an additional convenience/processing fee, depending on the
payment method chosen. In addition, Bravado Wireless may charge an additional
fee up to the maximum amount permitted by law for any check or other negotiable
instrument tendered by the user and returned unpaid by a financial institution
for any reason. Bravado Wireless reserves the right, in its sole discretion, to
require the user to pay the Bravado Wireless bill with cash, certified check,
cashier's check or money order.
By paying any amount to Bravado
Wireless via a checking or other bank deposit account, the user authorizes Bravado
Wireless to initiate a debit entry to the designated bank account in the amount
that the user (or the user’s representative designated during the call) and the
user confirms to Bravado Wireless that the user is duly authorized on the
applicable bank account. The debit generally occurs on or after two (2) banking
days from the user’s authorization call. The user agrees that the code to
authorize such payments shall be the same as the Number or other Bravado
Wireless account number.
If the user does not make all
payments when they are due, the user will be in default under this Agreement,
and Bravado Wireless will be entitled to exercise any rights it may have under
this Agreement, including the suspension or termination of service to the user,
and the collection of any outstanding balances, including applicable late
payment charges. If Bravado Wireless accepts a late or partial payment, even if the user
marks the payment “paid in full,” Bravado Wireless does not waive its rights to
suspend or terminate the user’s service or any other rights Bravado Wireless
may have. If the user’s service is
terminated and the user promptly pays amounts that are overdue, Bravado
Wireless may, in its sole discretion, reinstate or reconnect the user’s service
after the user has paid any reactivation fees Bravado Wireless may impose. If Bravado Wireless has to take action beyond
billing the user in order to collect payment, the user will be required to pay Bravado
Wireless’ reasonable costs and expenses of collection, including attorney’s
fees, court costs, and the fees of any collection agency to the extent
permitted by law. If Bravado Wireless
bills and collects amounts for any third party service provider, Bravado
Wireless will allocate payments it receives from the user first to amounts due
to Bravado Wireless. Bravado Wireless
will then allocate any remaining payment to amounts due to such third party
service providers.
The user has the right to dispute charges on its bill, but must notify Bravado
Wireless of the dispute within 60 days after the billing date or the user
waives any claim it may have had. Even
if the user has a dispute with Bravado Wireless, the user must pay all charges
on time until the dispute is resolved.
If the user files a complaint with the Consumer Services Division, Bravado
Wireless will not disconnect the user’s account on account of nonpayment of any
disputed charges, although the user will be required to pay any undisputed
portions of a bill. If the user does not
pay such undisputed portions, Bravado Wireless may suspend or terminate service
to the user.
Termination: The user may
terminate service by notifying a Bravado Wireless customer service
representative. Bravado Wireless may
terminate or suspend the user’s service at any time and for any reason without
liability, unless prohibited by law. Unless
otherwise set forth herein, Bravado Wireless is not required to provide the
user with any notification before suspending or terminating the user’s
service. If this Agreement terminates for any reason,
the user will no longer be entitled to access Bravado Wireless services, the
user will be liable for payment for services provided through the date of
termination, and the user will not be entitled to receive a refund of any
payments the user has made.
Disclaimer of Warranties: Bravado
Wireless expressly disclaims all warranties of any kind, about the services,
applications, the user’s use of the services or applications, the user’s
wireless device or handset and related accessory equipment, including implied
warranties of merchantability and fitness for a particular purpose or any
warranty in regards to signal interference or signal quality.
Bravado Wireless does not
manufacture wireless handsets, devices or related accessory equipment and is
not responsible for any defects or for the acts or omissions of the
manufacturer. Bravado Wireless and its
respective agents offer no warranty on the equipment it sells. The user’s wireless handset or device and
related accessory equipment come with a separate written warranty from the
manufacturer. Statements by Bravado
Wireless or its representatives or agents regarding wireless devices, handsets
and related accessory equipment should not be interpreted as a warranty by Bravado
Wireless. Bravado Wireless shall have no
liability whatsoever with respect to the installation of wireless handsets or
devices, for personal property damage resulting from installation of wireless
handsets or devices or for the manufacturer’s warranty, or any actions or
omissions of the manufacturer.
Scope of Service: Bravado Wireless reserves
the right to manage its wireless systems and the use of its services. As a result, Bravado Wireless may deny a
request for service from any subscriber or potential subscriber or discontinue
a subscriber’s service for any lawful reason. Bravado Wireless may offer
different services and different rates at different
times. Bravado Wireless may block access
to a number and/or certain categories of numbers (for example, 900 numbers),
certain websites, or certain messages, including text, video, photo, and audio
messages, in its sole discretion and to the extent legally permitted. Services are generally available within the
operating range of Bravado Wireless’ wireless system in the user’s service
area. The user’s service area is the
area depicted in the coverage that is posted on our official website (https://bravadowireless.com
) and may change from time to time. Any statements by Bravado Wireless, its
employees, representatives or agents about the coverage of Bravado Wireless’
wireless system are only intended to describe Bravado Wireless’ approximate
coverage in the user’s service area. The
user should not interpret any such statement to mean that services will be
available under all circumstances, at all times, or without interruption in the
user’s service area.
Limitation of Liability: Bravado Wireless strives
to provide continuous service, however Bravado Wireless can
not guarantee error-free service.
The services depend on over-the-air radio transmissions. Many factors beyond Bravado Wireless’ control
affect the user’s ability to make and receive calls and/or
transmit and receive data on the user’s wireless device and the quality of
those calls, including but not limited to the user’s location, the conditions
of the atmosphere, the terrain, nearby buildings (and other structures) and the
user’s wireless device. Bravado Wireless
takes no responsibility for service interruptions or problems caused by factors
beyond its control. As a result,
sometimes service, including calls or attempted calls to emergency services
like 911, may be interrupted or fail, and/or the
quality of calls may be poor. The liability of Bravado Wireless for
losses or damages arising out of errors, omissions, interruptions, delays or
defects in any of the services or facilities provided by Bravado Wireless shall
be limited to a pro-rata abatement of the charges payable by user for the
period during which the services or facilities were affected by the error,
omission, interruptions, delay, or defect. Bravado Wireless will have no liability for
service interruptions or outages of service of 24 hours or less. To the maximum extent permitted by law, the
user agrees to limit claims for damages or other monetary relief against Bravado
Wireless to the lesser of the user’s direct damages and one month’s service
charges.
Under no circumstances
will Bravado Wireless be liable for lost profits, loss of business, cost of
replacement or any other incidental, indirect, special, punitive or
consequential damages of any kind arising out of or related to the provision or
failure to provide service or the user’s use of the service. Bravado Wireless’ performance shall be
excused if caused by failure of any equipment used in providing the service,
acts of God, labor disputes, facility shortages,
changes in service caused by regulatory requirements or other causes beyond Bravado
Wireless’ reasonable control.
Bravado Wireless is not
liable for any damages resulting from, or in connection with, any interruption
or failure of 911 or E911 emergency services or the identification of the
number, address or name associated with any person accessing such emergency
service from user device.
The above limitations of
liability will apply regardless of the theory of liability, whether fraud,
misrepresentation, breach of contract, personal injury, negligence, products
liability, or any other theory. By using
the services, the user agrees that the remedies provided under this Agreement
are exclusive and the user waives its right to any other remedies that may be
available to it at law or in equity.
The user agrees to
release, indemnify, defend and hold harmless Bravado Wireless from and against
all claims, losses, demands, actions and/or damages (including actions by third
parties or those who use the user’s wireless handset or device) arising out of
or resulting from the use or attempted use of Bravado Wireless services.
User Rights: User must be at least 18
years of age and have legal capacity to accept this agreement. Proper identification is required. The user’s number will be unlisted and
unpublished. Bravado Wireless will take
reasonable steps to protect the user’s privacy.
Bravado Wireless will not provide the user’s number to a third party unless
required by law. Bravado Wireless will
not disclose calling records to any parties without proper legal documentation.
Bravado Wireless’ privacy policy, which describes its privacy practices, can be
found at its official website (https://bravadowireless.com ).
Arbitration; Dispute Resolution:
PLEASE READ THIS SECTION CAREFULLY.
ARBITRATION MAY LIMIT RIGHTS YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF
MOST DISPUTES THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE
RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY MAY BE PRESENT
AT AN ARBITRATION. THE AWARD IS FINAL
AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN ADDITION, YOU AND BRAVADO WIRELESS ARE
WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING WITHOUT LIMITATION
CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS CLASS
ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING
ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES,
PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. BRAVADO WIRELESS, IN TURN, WAIVES ANY RIGHT TO
PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS.
The user may reject this arbitration clause by sending Bravado Wireless a
rejection notice ("Rejection Notice") within 60 days after the date
of the user’s phone activation or our disclosure of this section to the
user. Any Rejection Notice must include
the user’s name, address, Bravado Wireless Number and must be sent to: PO Box
9, Warner, Oklahoma 74469.
Any past, present or future claim, dispute or controversy (“Claim”) by
either the user or Bravado Wireless against the other, or against the
employees, agents, successors or assigns of the other, arising from or relating
in any way to this Agreement or services provided to the user under this
Agreement, including (without limitation) statutory, tort and contract Claims
and Claims regarding the applicability of this arbitration clause or the
validity of the entire Agreement, shall be resolved, upon the election by the
user or Bravado Wireless, by binding arbitration. The party filing arbitration must choose one
of the following three arbitration administrators: National Arbitration Forum;
American Arbitration Association; or JAMS.
IF
ARBITRATION IS CHOSEN BY BRAVADO WIRELESS OR THE USER WITH RESPECT TO A CLAIM,
NEITHER THE USER NOR BRAVADO WIRELESS WILL HAVE THE RIGHT TO LITIGATE THAT
CLAIM THROUGH A COURT. IF ARBITRATION IS
CHOSEN, THE USER AND BRAVADO WIRELESS WILL NOT HAVE RIGHTS THAT ARE PROVIDED IN
COURT INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE
REPRESENTED IN LITIGATION FILED IN COURT SUCH AS CLASS ACTION LITIGATION. OTHER RIGHTS INCLUDING THE RIGHT TO DISCOVERY
AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY ARBITRATION. BY USING THIS SERVICE, THE USER EXPRESSLY
WAIVES ITS RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS
ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
Choice of Law and Severability: This Agreement shall be interpreted under (1) the
laws of the state in which the user is a subscriber, (2) applicable federal
laws, and (3) any applicable regulations.
Miscellaneous: If Bravado Wireless waives any portion of this Agreement,
the waiver will not be treated as a waiver by Bravado Wireless of any other
provision of this Agreement, or a waiver of our right to enforce the portion Bravado
Wireless has waived for any violation that occurs later. Section headings in this Agreement are for
descriptive purposes only and will not be used in interpreting the legal effect
of this Agreement. The user may not
transfer or assign all or any part of the user’s rights and obligations under
this Agreement, or the user’s service, without our prior written approval. The benefits conferred pursuant to this
Agreement are intended solely for the user and Bravado Wireless and there are
no third party beneficiaries to this Agreement.
Bravado Wireless may transfer or assign its rights and obligations under
this Agreement in whole or in part without giving the user notice or obtaining
consent from the user. Upon its transfer
or assignment of this Agreement, Bravado Wireless shall be released from all
liability with respect to this Agreement.
This Agreement is not for the benefit of any third parties except our
parent and subsidiary corporations and any person or entity to whom Bravado Wireless may transfer or assign this
Agreement.
Acceptance: Acceptance of the device and the associated
service directly implies that the user accepts the aforementioned terms and
conditions.