20200622i-wireless Affidavit and Form 481.pdf

State of Kentucky
County of Campbell
G,r, t- 1' 2a,c ,l
ilEC T IV TE
) oERTTFTCATTON BY ELTGTBLE TELECOMMUNTCATTON.q qAnnlEF^ nlt ^.) ss oF coMPLtANCE WtrH SERVTEi,ALiTY nr.ro cUStAroEffiH z z rfi J: 3?
) pRorEcTroN, ABtLtw ro REMATN FUNCTTONAL lN
EMEHGENC|E.S,ltlO USE OF FEDERAL HIGH-COST SUPPORf.-, ", Ii-i'i
AFFrDAvtr oF Bu'TNESS oR coRpoRATE oFFrcER ' - ' . t'' '": ll:'iiil"isisi'l
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The ldaho Public Utilities Commission Order No. 29841 requires that an Eligible Telecommunications
Carrier (ETC) certify that it is compliant with applicable service quality standards and consumer protection
rules; and ETCs must demonstrate the ability to remain functional in emergencies. ln addition, the
Commission must file an annual certification with the USAC and the FCC that allfederal high-cost support
provided to ETCs within the State of ldaho will be used only for the provision, maintenance, and
upgrading of facilities and services for which the support is intended. Accordingly, the undersigned states
and verifies under oath the following:
1. I am an officer of ilc , an eligible telecommunications carrier for receiving
federal universal service support under section 214(e) of the Telecommunications Act of 1996 in
the state of ldaho.
2. I am familiar with the Company's day-to-day operations in the state of ldaho and with the State's
service quality standards and consumer protection rules as set forth in Commission Order No.
29841.
3. i-wireless. LLC is complying with applicable service quality standards and consumer
protection rules of the Federal Communications Commission and the ldaho Public Utilities
Commission.
4. I certify to the Commission that the Company is able to remain functional in emergencies as set
forth in Commission Order No. 29841 and in 47 C.F.R. S 5a.201(a)(2).
5. I also certify that all federal universal service support funds received by_ i-wireless. LLCI_ during
the current calendar year will be used in a manner consistent with section 254(e): that is, lor the
provision, maintenance, and upgrading of facilities and services for which the support is intended.
The company will continue to comply for the period of January 1,2021, through December 31 ,
2021 ,lo be eligible for federal universal service fund support.
5. This verification and affidavit is provided to be the ldaho Public Utilities Commission to enable the
IPUC to certify to the FCC that federal universal service support received by the eligible carriers
in the state will be used in a manner consistent with Section
Act.
of the Telecommunications
Date
SUBSCRIBED AND SWORN to before me this l, I oay ot .\r,t^-<:- 20 72
Notary
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*My Commission Expires tof 2€ / 2,
Page 1
<01D StudyAreacode 479020
<015> StudyArea Name I-fli,rG16ss, IIIJC dba Accc3s Ylraleaa
<020> Program Year 202L
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5135502755 ql
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g€lect from the drop-down list to indicate how you would like to report
voice complaints (zero or greater) for \oice telcphony service in th€ prior
calendar year for each service area in which you are designated an ETC for
any facilities you own, op€rate, lease, or otherwise utilize.
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Select from the drop dorn menu or check the boxes below to note compliance with 54.313(fl(11. Privately held carrieG must ensure compliance with the
financial reportint requirements set forth in 47 CFR 54.313(0(2). I further certiry that the information reported on this form and in the documents
attached below is accurate.
(3ooel
(3010A1
(30108)
(3012A)
(30128)
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Progress Report on 5 Year Plan
Canicr ccrtlfils to 54.313(fXlxiiD
Certifietion of Public lnteEst Obligations {47 CFR 5
s4.313(0(rX0)
Phas Prcvid. Attachmrnt Nsmc of Attach"d Dodmst Listing Rrquired
lnform.tion
Community Andror lnsthutions (47 CFR 5
s4.313(0(lxiill
Plcas. Provide Attachmnt Nam of Att chcd Docum.nt Listiru R.quircd
ls your @mp.ny . Priwtcly H.ld ROR c.rilr {47 CFR
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infomstion pursu.nt to I 54.313(fl(2) compli.ncr
rcquiros:
El.ctrcnic @py of th.ir.nnu.l RUS r.ports
(Opcntint R.port for Tll.communic.tions
Borcrcr)
Documcnt(s) with Bsl.ne Shet, ln@m. St.tement
end st tcmcnt of cash Flows
lf th. ruponsa is yas on lin" 3014 attach your
cmpany's RUS annual rcport and all requlred
documntation
lftha rrspon* is no on lin. 3014, is your company
audited?
lf thc rupon* is ycs on lin! 3018, plc.s ch*k thc
boxcs bclowto confirm your submision on line
3026 puBuant to 5 54.313ff)(21, contains:
Either a opy of thcir auditcd financiel statem.nt; or
(21 . financial roport in a fomat compaEble to RUS
Op.ating Rcport for T.lccommunietions Borcwcrs
Document(sl for Balane Shet, ln6me Statrmcnt
andSt temntof CashFlos
Menai.mcnt lctt r and/or audit opinion isued by
th. ind.pcndcnt ertiti.d public amuntant that
pcriormcd thc ompany's financial audit.
lftha rcspons is no on linr 3018, plclsc ch.ck thc
boxcs b2lowto @nfirm your submission on linr
3026 puBu.nt to 5 54.313(fX2), contains:
Crpy oftheirfinancial strt.mcnt which has bccn
subjcct to ra/irw by an indcpcndcnt ertificd public
ee@ntant; or 2) a financial rrpon in a fomat
ompanblc to RUS Op.r.tl[ Report for
Tdcommunications Bonowcrs
Undcrlyint infomltion subjcctad to a revicw by an
indcpcndcnt ccrtifi cd public accountant
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(30251 Document(s) with Balenc. Shet, ln@mc Stat.ment
and Stet mnt of Cash Flows
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lnformation
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list of nrwly scrvad community.mhd institutiom.
tublk lnt rd Oillilolt3 - FCC 1[-98 (pe].ff.pht 2G29, 78]
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which thcy wcr. sclcctcd, including broadband spred, latency, usag€ capacity, .nd retar that arc r..son.bly comp.nbl? to r.t6 for
oomparablc offcrings in urban .r.as.
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lf the filint canicr identifiad in its approved perfomance plans that it rclies cxclusivcly on
satelllte backhaul for a certaln poriton of the population in it3 servic€ area, indlcatc whether
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Page 19
<01D StudyArea Code 479020
<015> StudyArea Name r-nlleleas, LLC dba Access wireless
<020> Program Ycar 2027
<030> Contact Nam. - P.Ron USAC should contact rerardinr this data sam Bal1ey
<035> ContactTclcphoneNumber-Numbcrofpersonidcntificdindatalinc<030> s13ss027ss ext
<039> Contact Email Address - Email Address of perrcn identified in data line <030> aan.bal,ley@lsirel,eaahooe. con
TO BE COMPI.ETED BY THE REPORTING CARRIER, IF IHE REPORTING CARRIER IS FITING ANI{UAI. REPORTING ON ITS OWN BEHATF:
Certiflcation of Officer as to the Accuracy of the Data Reported for the Annual Reportlnt for CAF or tl Reclpients
crrtlfy that I am an officcr of thc ,Gpo]tlnt c.rilcr my rasponslbllltlcs lndudc Gnsurlng thc acauracy of th? annual rcportln3 raqulramrnB tor unlvcrsal scrulce support
'cdplcnts; .nd, to thc bcst ol my knordad3G, tha lnformatlon rrponed on this form and ln any rtLdrmlnB b rccuratc.
\,lamc of RcportinE Carricr:
;irnaturc of Authori2cd Officrr:Datc
,rinted namr of Authorizcd fficer:
ntle or position of Authorized Officer:
lelephone number of Authorized Officcr:
itudv Area Code of ReDortinr Carrier:Filins Du. Date for this form:
Percons willfully making fal* st tlmcnts on thi! iom en bc punirhrd by finc or forfciturc undcr th. Communications Act of 1934 47 U.S,C. 55 502, 503(b), or finc or lmprienment
undlrTitb 18 ofth. Unlted Strt.s Codc, 18 U.S.C. 5 1001.
PaSe 19
Pagr 20
419020<010> Studv Are. Code
<015> Studv Are. Nema r-wlreless, LLC dba Acceas nireless
<020> Pr*6m Yrar 2027
<030> Contrct NEmc - Pcrson USAC should contact reaardinr this data Sam Bailey
<035> conbct T.l.ohone Numbcr - Number of 6.rsnid.nilfi.dlndrblin.<o3o> 5135502?s5 ext
<039> Cont ctEmailAddrass - Email Address of Erson identlfied in data lirc <o3o> sam 'balleyei'ireLesshome ' cm
TO BE COMPT.ETED BY THE REPORTING CARRIER, IF ATII AGENT IS FITING ANNUAT REPORTS Oil THE CARRIER'S BEHATF:
TO 8E COMPTETED BYTHE AUTHOR]ZED AGEilT:
Certification of Officer to Authorize an Atent to File Annual Reports for CAF or tl Recipl€nts on Behalf of Reportlnt Carriel
cerdfy lh.t (N!mo of Agenf) Ercert relecm Cmli 13 .ut,lo.'lz.d to $brnlt ths lnfdmatlon report d m bohrlf of tho roportlng c!nl.r. I
ilro erdfy th.t I rm an offfcor of the ropordng 6110r; firy re3pon3lblllU6 lnclud6 anaurlng th. .cdte1l d lho lnnu.l d!t! r.portlng ]oqulBmont' provlded to the .uthdlz€d
rg.nt; .nd, to ths bGt of my knill.dgc, the reports tnd d.t provld.d to tho ruthodz.d locnt b accuEto.
[amr of Adhorir.d Ar.ht: Bmelt Telecon Compliace
{.m.ofR.6rtimC.rri.r: I-Wlreless, l,LC dba Access Wireless
;irnature of Authorizcd Officlr: CERTIFIED ONLTNE Date: 06/19/2020
,rintld nama of Authorized Offlcar: Jobn wi. 11 1 B
fitl. dr msitidn df Adhorir.d Offic.r: COO
f.hohon. nuhb.r of Authoriz.d Officar; 5137033093 ext
StudvArQ Code of RrErtinsClrrier: 47902o Filing D@ Dltc forthblotfri 01 / gr/ 2o2o
peren3 willfrrlly m.king f.le statemnts on this fom ..n bc punished by tlne or forf.itur. undrr the Communldtloni Ad of 1934, 47 U.S.C. 15 502, 503(b), or fin. or imprisohmnt
unde.Title 18 oftha Uhhcd stet.i cod., lE U.S.c. ! 1001.
Certifietion of Atent Authorized to Flle Annual Reports for CAF or Ll Recipients on Behalf of Reporting Grrie,
t-,"r ,S-t i", tt *p"rtng 6nhr, cerdfy that I am authodzed to submh the annurl rcpotts io, unlreEal *ilkc support rcctsbtrts on brhal, ol the rcPotdng erle4 I have ptoYlded
dr. data rcported hercln bsed on date prdlded by t,i. rcportlnt carle4 .nd, to thc b6t of my ltwLdte, th€ Homatlon rcported h.rcln ls lcuratc.
I-wireleas, Ll,C dba Access WLle1eaatlame of Rcrcrtiro Carrier:
Uem. 6f Artrh6rir.d k ht Firmr Ercerts Telecm CmpLj.ace
iicnatur.ofAfrhdriz.dArentorEmDloEaofArent: CERTIFIED ONLIM Date: 06/18/2o2a
victo!ia Ma!tln\leme of Afihori2ed Alrnt EmDlovaa:
fitb or msition of Authorized Arcnt or Emplovce of AScnt Regulatory speciallst
lcl.ohonr numbcr of Authorlzed Arcnt or Employee of A8!nt: 61 a67 22831^
Fllint Duc Datc for this iorm: 01 /oL/2020itudv Ar.a Cod. of R.mrtlnr Ctrriar:419020
18 ofthe Unit.d statct codc, 18 U.s.c. 5 1001.
Pagc 20
Attachments
legacy Plan*Voice Bundle Broadband
Bundle
National Plan Voice Minutes
(non-rollover)1,000 1,000 250
Texl Unlimited Unlimited Unlimited
Data sOMB - 5OO MB 3GB 3GB
Additional Airtime Available with purchase of Top Up Card
i-wireless, LLC's "Access Wireless" Lifeline Rate Plans
* The Legacy Plan is available only to customers enrolled prior to 2lU2Ot8.
ACCESS WIRELESS TOP UP CARDS*I
Purchased
Minutes
Text
( Effective December L, 20t9l
$s Card
$10 Card
S25 card
$35 Card
950 Card
Data
250 Unlimited 250 MB
500 Unlimited 5OO MB
Unlimited Unlimited 2GB
Unlimited Unlimited 3GB
Unlimited Unlimited 10 GB
**Unlimited minutes and texts expire after 30 days from the date the funds were applied to the account; limited
minute and data allotments do not expire.
Free Data-Capable Device x x x
Local Calls x x x
Nationwide Long Distance x x x
Voicemail. Caller lD, Call Waitine x x x
Free 911 x x x
Free 511 x x x
Balance lnquiries x x x
Text lncluded x x x
Data Allowance x x x
Participation in Kroger Wireless
Rewards Program x x x
Retail Price nla nla nla
Federal Subsidy s 7.25 s 9.25 s 9.25
lifeline Consumer Price SO $o So
Terms and Conditions
Important Service/Product Specific Terms
Effective January 1, 2018
lf you are under the age of 13, your parent or legal guardian must provide written consent
to Access Wireless before you provide personal information to Access Wireless.
These terms and conditions ("Terms and Conditions"), including our Privacy Policy, which
is expressly incorporated herein, govern your use of the wireless radio
telecommunications services and related services and / or features ("Access Wireless
service" or "Service") with your assigned telephone, data and/or messaging number(s).
The term "Phone" means the wireless receiving and transmitting equipment that we have
authorized to be used for Access Wireless service and programmed with the number and
any accessories. The term "airtime card" or "Access Wireless card" or "i-wireless card"
means a prepaid cellular service card. The Service is provided at our discretion. We can
modify or cancel Service, or take corrective action at any time without prior notice and for
any reason, including, but not limited to, your violation of any of these Terms and
Conditions. We may change or update these Terms and Conditions, including pricing,
from time to time. The Terms and Conditions will be updated on the Access Wireless
website, acesswireless.com, and you agree that your continued use of the Service will be
governed by any updates and by the Terms and Conditions as modified by those updates.
\Mile we will generally send you a text message notifying you of material updates to the
Terms and Conditions, you should check the Access Wireless website for the most recent
pricing and Terms and Conditions. These Terms and Conditions supersede all oral or
written communications and understandings between you and Access Wireless with
respect to our products and Services and the terms under which they are offered and
provided to you.
IF YOU BUY THE PHONE OR USE THE SERVICE, YOU ARE DEEMED TO CONSENT
TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS
AND CONDITIONS OR DO NOT AGREE TO ANY UPDATED TERMS AND
CONDITIONS, DO NOT USE THE PHONE OR SERVICE FOLLOWING THE UPDATE
AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. IF YOU NOTIFY US THAT
YOU DO NOT AGREE TO AN UPDATE, YOU WILL NOT BE PERMITTED TO ADD
FUNDS, ADDITIONAL UNITS OR A!RTIME TO YOUR ACCOUNT AND YOUR SERVICE
WILL BE CANCELLED EFFECTIVE UPON YOUR ACCOUNT BALANCE REACHING
ZERO. CANCELLATION OF YOUR SERVICE, AND ANY APPLICABLE REFUND
SPECIFIED IN THIS PARAGRAPH IS YOUR ONLY REMEDY IN THE EVENT YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY UPDATE TO THEM.
These terms are subject to the Access Wireless General Terms and Conditions. Prices,
rates, offers and programs are subject to change without notice subject to any applicable
federal and state rules and regulations, and may not be available with all devices or in all
markets/retail locations, or combinable with promotions/options. Monthly service charges
are not refunded or prorated if service is terminated or modified before your next payment
date. Unused monthly service allotments, including, but not limited to, plan minutes,
messages or data allotments, expire at the end of each monthly plan period or when a
customer switches service plans and do not carry forward. Partial minutes of use are
rounded up to the next whole minute.
Nature of Our Service. Access Wireless is brought to you by i-wireless LLC on the
Sprint-owned network. Access Wireless offers both a monthly service offering and a
Lifeline Assistance program supported by the federal Universal Service Fund program
("Lifeline Assistance"). Specific terms for each service are contained within, following the
General Terms & Conditions of Service.
General Terms & Conditions of Service
Basic Definitions
ln this document: (1) "we," "us," "our" and "Access Wireless" mean i-wireless LLC; (2)
"you," "your," "customer," and "user" mean an account holdgr or user with us; (3) "Device"
means any phone, airtime card, mobile broadband device, any other device, accessory,
or other product that we provide you, we sell to you, or is active on your account with us;
(4) "Service" means our offers, rate or service plans, options, wireless services, billing
services, applications, programs, products or Devices on your account with us.
"Service(s)" also includes any other product or service that we offer or provide to you that
reference these Genera! Terms and Conditions of Service ("T&C's").
The Service Agreement
These T&C's are part of your service agreement with us (the "Agreement") and constitute
a contract under which we provide you Services under terms and conditions that you
accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION
THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND
A JURY WAIVER PROVISION. ln addition to these T&C's, there are several parts of the
Agreement, which includes but is not limited to the following: (i) the subscriber agreement
or transaction materials that you sign or accept; (ii) the plan(s) that you choose as set
forth in our written services and transaction materials that we provide or refer you to during
the sales transaction (if your service plan is not specifically set forth in any in-store
brochure or printed materials, the requirements and terms set forth in the current
Agreement and transaction materials apply, excluding service plan features such as
pricing or minute, message and data allocation); (iii) any confirmation materials that we
may provide to you; and (iv) the terms set forth in the coverage map brochures. lt is
important that you carefully read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain applications, programs, Devices, and
service, and these terms may come from Access Wireless or a third party. You are subject
to any terms provided by the third party, and the terms are directly between you and that
third party. Access Wireless is not responsible for these third-party items and associated
terms.
Our Policies
Services are subject to our business policies, practices, and procedures ("Policies"). You
agree to adhere to all of our Policies when you use our Services. Our Policies are subject
to change at any time with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the Agreement. When you accept the
Agreement, you promise that you are at least 18 years old and meet the eligibility
standards. You accept the Agreement when you do any of the following: (a) accept the
Agreement through any printed, oral or electronic statement, for example, on the Web by
electronically marking that you have reviewed and accepted; (b) activate a Device; (c)
attempt to or in any way use the Services; or (d) open any package or start any program
that says you are accepting the Agreement when doing so. lf you do not want to accept
the Agreement, do not do any of these things.
Service Activation
To activate the Service, you must activate your Access Wireless Device. To establish an
account balance, pay subscription charges or make any other appropriate payments,
follow the instructions provided with the equipment; at www.accesswireless.com; or
through Access Wireless Customer Care.
Our Right to Change the Agreement and Your Related Rights
We may change any part of the Agreement at any time, including, but not limited
to, rates, charges, how we calculate charges, discounts, coverage, technologies
used to provide services, or your terms of Service. We will provide you notice of
material changes - and we may provide you notice of non-materia! changes - in a
manner consistentwith this Agreement (see "Providing Notice to Each Other Under
the Agreement" section). lf you continue to access or use our Services or increase your
account balance on or after the effective date of a change, you accept the change. Do
not access or use our Services after the effective date of the change if you decide to reject
the change and terminate Service. You will not be entitled to any credit for the unused
portion of your account balance if you decide to terminate Service in response to a change
to the Agreement.
Our Right to Suspend or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any
reason. For example, we can suspend or terminate any Service for the following: (a)
failure to have or maintain an appropriate account balance for applicable charges; (b)
harassing/threatening/abusing/offending our employees or agents; (c) providing false or
inaccurate information; (d) interfering with our operations; (e) using/suspicion of using
Services in any manner restricted by or inconsistent with the Agreement and Policies; (0
breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device
from its manufacturer specifications (for example, rooting the device); or (h) if we believe
the action protects our interests, any customer's interest, or our networks.
Your Right To Change Services & When Changes Are Effective
The account holder can typically change Services upon request. In some instances,
changes may be conditioned on device type, coverage requirements or payment of
certain charges. The effective date of any changes will depend on our Policies, the old
Services, and the requested Services. Rate plan changes are effective on the next
service anniversary date. We will not credit or refund any subscription or other changes
as a result of a change in Services. We may-but are not obligated to provide you the
opportunity to authorize someone else to make changes to your Services. You are
responsible for any changes to your Services made by you, a person you authorize, ot
any person able to authenticate the account and those changes wil! be treated as
modifications to this Agreement.
Cancellation. You are free to cancel Service at any time. After your first use, however,
you wil! receive no refunds on any equipment, including Phones or any unused funds in
your account. Monthly Service Fees are non-refundable. You may cance! your account
or change your rate plan by visiting accesswireless.com or by dialing 611 from your
Phone. Your phone number will be reclaimed as soon as 60 days from the last date that
funds were added to your account.
Restrictions on Using Services
You cannot use our Services: (a) in a way that could cause damage or adversely affect
any of our other customers or our reputation, networks, property or Services; (b) in any
way prohibited by the Terms of our Services, the Agreement, or our Policies. You cannot
in any manner resell the Service to another party. For additional restriction on the use of
our Services, see our Prohibited Network Use policy which is available on our website,
and the detailed plan or other information on Services that we provide or refer you to
during the application or sales process.
Your Device, Number & Email Address
We do not manufacture any Device we might sell to you or that is associated with our
Services, and we are not responsible for any defects, acts or omissions of the
manufacturer. The only warranties on your Device are the limited warranties given
to you by the manufacturer directly or that we pass through. Device performance
may vary based on device specifications (for example, a device's software,
memory, and storage), and device performance may impact access to all of our
Services. This Device is sold exclusively for use with our Service and in other coverage
areas that we may make available to you. Your Device is subject to our Device Unlocking
Policy posted on our website; devices (even if unlocked) that work on Access Wireless'
network may not be compatible with other carriers' networks due to the use of different
frequencies and technologies to provide wireless network access. You have no-and
cannot gain any (for example, through publication, use, etc.) -proprietary ownership, or
other rights to any phone number, identification number, emai! address, or other identifier
that we assign to you, your Device or your account. We will notify you if we decide to
change or reassign them.
Portingffransferring a Phone Number
We do not guarantee that number transfers to or from us will be successful. !f you
authorize another carrier to transfer a number away from us, then that is considered a
request by you to us to terminate all of the Services associated with that number.
Coverage; Where Your Device Will Work; Service Speeds
Our coverage maps are available on our website
at https ://www. accesswi re less.com/su ooo rUcoveraoe-mao The specific network
coverage you get will depend on the radio transmissions your Device can pick up and
Services that you've chosen. Our coverage maps provide high-level estimates of
our coverage areas when using Services outdoors under optimal conditions.
Coverage is not available everywhere. Coverage and Service speeds may depend
on the Service purchased. Actual speeds willvary. Estimating wireless coverage,
signal strength, and Service speed is not an exact science. There are gaps in
coverage within our estimated coverage areas that -along with other factors both
within and beyond our control (for example, network problems, network or
lnternet congestion, software, signal strength, your Device, structures, buildings,
weather, geography, topography, server speeds of the websites you access,
actions of third parties, etc.) -may result in dropped or blocked connections,
slower Service speeds, or otherwise impact the quality of Service. Services that
rely on location information such as E911 and GPS Navigation, depend on your
Device's ability to acquire satellite (typically not available indoors) and network
coverage. While your Device is receiving a software update, you may be unable to use
your Device in any manner untilthe software update is complete.
About Data Services & Content
Our data Services and your Device may allow you to access the lnternet, text, pictures,
video, games, graphics, music, email, applications, sound and other materials ("Data
Content") or send Data Content elsewhere. Some Data Content is available from our
vendors, or us while other Data Content can be accessed from others (for example, third
party websites, games, ringers, applications, etc.). We make absolutely no guarantees
about the Data Content that you access on your Device. Data Content may be: (1)
unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive,
indecent, or objectionable. You are solely responsible for evaluating the Data
Content accessed by you or anyone through your Services. We strongly
recommend that you monitor your data usage by children/minors. Data Content
from third parties may also harm your Device or its software. We are not responsible for
any Data Content. We are not responsible for any damage caused by any Data Content
that you access through your Services, that you load on your Device, or that you request
that our representatives access or load on your Device. To protect our networks and
Services or for other reasons, we may place restrictions on accessing certain Data
Content (such as certain websites, applications, etc.); impose separate charges; limit
throughput or the amount of data that you can transfer; or othenruise limit or terminate
Services. lf we provide you storage for Data Content that you have purchased, then we
may delete the Data Content without notice or place restrictions/limits on the use of
storage areas. Data Content stored on a Device, transmitted over our networks, or stored
by Access Wireless may be deleted modified, or damaged. You may not be able to make
or receive voice calls while using data Services. Data Content provided by our vendors
or third parties is subject to cancellation or termination at any time without notice to you
and you may not receive a refund for any unused portion of the Data Content.
Specific Terms & Restrictions On Using Data Services
ln addition to the rules for using al! of our other Services, unless we identify the Service
or Device that you have selected as specifically intended for that purpose (for example,
wireless routers, Data Link, etc.), you may not use our data Services: (1) with server
devices or host computer applications, or other systems that drive continuous, heavy
traffic or data sessions; (2) as a substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we determine in our sole discretion.
We reserve the right to limit, suspend, or constrain any heavy, continuous data usage
that adversely impacts our networks' performance or hinders access to our networks. lf
your Services include Web or data access, you also can't use your Device as a modem
for computers or other equipment, unless we identify the Service or Device you have
selected as specifically intended for that purpose (for example, with "phone as modem"
plans, broadband internet access service, mobile broadband card plans, wireless router
plans, etc.).
Software License
lf Access Wireless provides you sofhruare as part of the Service and there are not software
license terms provided with the software (by Access Wireless or by a third party), then
Access Wireless grants you a limited, revocable, non-exclusive, non-transferable license
to use the software to access the Services for your own individual use. You may not sell,
resell, transfer, copy, translate, publish, create derivative works of, make any commercial
use of, modify, reverse engineer, decompile, or disassemble the software. Access
Wireless may revoke this license at any time.
PREINSTALLED APPLICATIONS: We have preinstalled certain applications on select
Devices, including but not limited to: (1) an Ad Moments Library/Lock Screen tool, (2) a
Search Widget, and (3) an App Recommendation Engine. Access Wireless licenses
these applications from third-party application developers, and they may be updated or
modified at any time. Based on your interaction with these applications, Access Wireless
may provide you with rewards, including free top-ups of voice minutes, text messages, or
data; promotions and discounts; or other benefits. The following additional terms apply to
these applications:
Ad Moments Library/Lock Screen: the Ad Moments Library/Lock Screen toolwillenable
you to receive and interact with advertising and other content after unlocking the lock
screen of your Android Device. Access Wireless and the respective third-party application
developers may collect, use, and share your Personal lnformation-including but not
limited to your location, device identifiers, and usage information, including your activity
on the lock screen-in connection with the Access Wireless Ad Moments Library/Lock
Screen tool, as permitted by applicable federal law. You must opt-in to this service for it
to function, which you may do or have done when enrolling in service, and if you opt-in,
you may opt-out at any time. However, if you opt-out, you may still receive generic
advertisements on your lock screen. You will not be able to delete the Ad Moments Library
functionality from your Device. For more information, please review our Privacy Policy on
our website.
Search Widget: the Search Widget enables you to search for lnternet content from the
home screen of your Android phone. With your consent, the Search Widget may collect
your location information in order to provide you with localized search results. The Search
Widget may also collect device and connection information, as well as the searches you
conduct, in order to deliver your search results and perform analytics. Your searches will
be displayed on an Access Wireless branded search results page. You may not delete or
replace the Search Widget, but you are not required to use it. For more information,
please review our Privacy Policy on our website.
App Recommendation Engine: the App Recommendation Engine provides you with a
list of recommended applications from the Google Play store. These recommendations
are determined based on your Device. When you select a recommended app from the
App Recommendation Engine, you will be directed to the Google Play store for download.
Remember: when downloading third-party applications, the terms, conditions, and privacy
policies of the third-party applications will apply, and not Access Wireless' terms and
conditions and privacy policy. For more information, please review our Privacy Policy on
our website.
Fees, Activation, & Miscellaneous Charges
Based on our Policies, we may charge activation, prepayment, reactivation, program, or
other fees to establish, change, or maintain Services. Certain transactions may also be
subject to a charge (for example, convenience payment, changing phone numbers,
handset upgrades, etc.). You will be provided notice of these types of fees before we
complete the requested transaction.
Usage Charges
The types of charges that you incur will vary depending on the Service used and your
service plan. You are responsible for the Services on your account and associated
charges, including charges made by a person you permit to have direct or indirect
access to your device even if you did not authorize its use. Charges may include, but
are not limited to, prepayment for service charges; charges for additional services; and
taxes, surcharges, and fees associated with your Services. For the actual usage charges
applicable to your Service, see the detailed plan or other information we provide or refer
you to during the application or sales process or on our website. Depending on your
Services, charges for additional services may include operator and directory assistance,
voicemail, call fonryarding, data calls, texts, and Web access. lf you (the account holder)
allow end users to access or use your Device, you authorize end users to access,
download, and use Services. You will generally be charged for use of Services before or
at the time of use in accordance with your service plan. ln certain instances, we may
charge at some point after you use the Service. Rates that vary based on the time of
access will be determined based on the location of the network equipment providing
service and not the location of your device or your device's area code (if applicable).
Charges are generally deducted from your account balance (for example, pay-per-use
charges, subscription charges, etc.), though in some instances you may be able to pay
for certain Services through a credit card, debit card, or other payment method. lf you
have incurred charges or fees that were not charged prior to your account balance
reaching a zerc balance, we may deduct these outstanding, unpaid charges and fees
from any subsequent amounts you add to your account balance. You may not attempt to
add money to your account using a debit or credit card more than one time within a 30-
minute period.
Types Of Charges
We typically assess the following types of charges: (1) "pay-per-use charges," which are
charges assessed each time a Service is used; (2) "subscription charges," which are
charges that allow you access to a Service or provide you a certain amount of use of a
Service for a defined period of time. Subscription charges for services end al 12:01 am
system time, on the last day of your subscription period. Also, depending on your Service,
certain types of subscription charges may be assessed automatically upon activation and
automatically assessed for subsequent subscription periods; and (3) "download charges,"
which are charges assessed when you download or access content, which we collect on
behalf of ourselves or third-party content providers.
Activation & Miscellaneous Charges. Access Wireless charges a $39 account
Activation Fee (California customers only) which is billed to your Account at activation but
credited back to the account upon approval of eligibility for California Lifeline service. We
may also charge prepayment, reactivation, program, or other fees to establish, change,
or maintain Services. Certain transactions may also be subject to a charge (for example,
convenience payment, changing phone numbers, handset upgrades, etc.). You will be
provided notice of these types of fees before we complete the requested transaction.
One Time Device Purchase Credit. lf you purchased your i-wireless or Access Wireless
handset or participated in the Bring Your Own Sprint Device (BYOSD) program, you may
be eligible for a one-time device purchase credit. The one{ime credit is at the discretion
of i-wireless and will be applied to your i-wireless or Access Wireless account at the time
of activation.
Adding Funds to Your Account. You must add money to create a cash balance in your
Access Wireless account to pay for monthly plan options, data services (e.9. third-party
content) or for wireless. Funds can be added using one of Access Wireless' Payment
methods (credit, debit, PIN or Airtime/Top-Up card). A minimum of $20ltransaction is
required when using a credit or debit card. Customers can add a maximum of
$100/transaction to their accounts in a single transaction to their accounts and up and
until the customers total account balance exceeds $100. Funds cannot be used for any
other wireless service. Adding funds through Access Wireless customer service may
result in processing fees. State and local sales taxes and fees may apply when adding
funds to your account.
Payments & Chargebacks. Your payment date (when applicable) is the date you
subscribe to one of our paid-for plans. We willfirst attempt to deduct payment for monthly
services from your account balance and then will apply the charge to any registered
payment method on file with Access Wireless. We reserve the right to suspend service
for up to 30 days if a credit card or debit card charge we deem authorized for your account
is disputed. lf a chargeback is not resolved/reversed at the end of the 30-day period, the
account will be deactivated and remaining funds in the account will be lost. We may
terminate service for multiple chargebacks or require that funds be added solely by Top-
Up.
How We Calculate Your Charges
Regular Voice Calls: We round up partial minutes of use to the next full minute. Time
starts when you press "Talk" or your Device connects to the network and stops when you
press "End" or the network connection otherwise breaks. You are charged for all calls that
connect, even to answering machines, voicemail, or voice transcription services. You will
not be charged for unanswered calls or if you get a busy signal. For incoming calls
answered, you're charged from the time shortly before the Device starts ringing until you
press "End" or the network connection othenrvise breaks. You are charged for the entire
call based on the rate that applies to the time period in which the call starts. However, the
types of charges actually deducted from your account balance will vary depending on
your Service. Call time data displayed on your device may be inaccurate and may not be
relied upon for determining charges to your account. Calls are limited to two hours. The
call will automatically terminate after two hours.
Messaging (text, picture, video, email and !M): Domestic and internationa! rates are
subject to change. Standard message rates are charged when a message is sent or
received, whether read or unread, viewed or unviewed, solicited or unsolicited.
lnternational: lnternational calls are charged at the per-minute rate for the country being
called plus your standard airtime rate. lnternational long-distance rates vary & are subject
to change without notice. (Visit krogeriwireless.com for current rate information.)
Preventing Unwanted Text Messages. lf you are receiving unwanted text messages,
contact the source and unsubscribe or remove your phone number from the texting
service. Even if you elect not to receive text messages, you may still receive service and
other alerts from i-wireless or its authorized agents. You hereby consent to receiving
advertising, other service alerts or other broadcast messages from i-wireless or its
authorized agents. You will not be charged for alerts. lf you elect to prevent the receipt of
text messages, and you subsequently sign up for an alert from any other source, you
must first change your text messaging settings to permit the receipt of alerts and all text
messages.
Sending Unsolicited Messages. lf you intentionally send unsolicited messages from
your i-wireless Phone or if your Phone is being used as a conduit to send unsolicited
messages, we may terminate your Service without further notice.
Data Usage: Depending on your Service, you may be charged for data usage. Unless
we specifically tellyou othenruise, data usage is measured in bytes, kilobytes, megabytes,
and gigabytes-not in minutes/time. 1024 bytes equal 1 kilobyte ("K8"), 1024K8 equals
1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you
will be charged at least 1 KB for each data usage session ("data session"). Rounding
occurs at the end of each data session and sometimes during a data session. Depending
on your data Services, usage may be charged against an allowance or on a fixed price
per KB, and you may be subject to limitations on the amount of data usage. lf you are
charged on a fixed price per KB, any fractional cents will be rounded up to the next cent.
You are charged for all data directed to your Device's lnternet address, including data
sessions you did not initiate and for incomplete transfers. As long as your Device is
connected to our data networks, you may incur data charges. Examples of data for which
you will be charged includes the size of a requested file or Data Content (game, ringer,
etc.); Web page graphics (logos, pictures, banners, advertisement, etc.); additional data
used in accessing, transporting, and routing the file on our network; data from partial or
interrupted downloads; re-sent data; and data associated with unsuccessful attempts to
reach websites or use applications. These data charges are in addition to any charges
for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary
widely, even between identical actions or data sessions. Estimates of data usage-for
example, the size of downloadable files-are not reliable predictors of actual usage.
GPS Navigation: Environment may limit GPS location information.
Third Party Products and Services: Access Wireless devices provide the ability to
purchase from Third Parties (not Access Wireless) mobile apps and other digital
contenUservices, tangible goods, and to make donations. Payments for purchased mobile
content are deducted from the account balance and charges display in the online account.
You can block the ability to make purchases at no cost by calling Customer Care. Local
phone numbers may not be available in certain markets. Additional fees may apply for
phone number or equipment change requests processed by customer service. You can
request to change your phone number one time per day and up to three times each
year. You may check your balance at any time free of charge online at
accesswireless.com or from your mobile phone. Your account history is available online
for 60 days unless you switch service options.
Prohibited Network Uses. To ensure that all customers have access to reliable services
provided at a reasonable cost, you may not use our service in a manner that interferes
with another Access Wireless customer's use of our service or disproportionally impacts
Access Wireless network resources. Access Wireless reserves the right, without notice
or limitation, to terminate individual calls, or after providing notice to you, offer you a
different service plan with no unlimited usage components, limit data throughput speeds
or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or
decline to renew your service, if you engage in any of the prohibited voice or data uses
detailed below or if Access Wireless, in its sole discretion, determines action is necessary
to protect its wireless networks from harm or degradation. Examples of Prohibited
Voice Uses: Access Wireless voice services are provided solely for live dialogue
between, and initiated by, two individuals for personal use & as otherwise described in
this policy. Access Wireless voice services may not be used for any other commercial
purposes including, but not limited to, conference calling, monitoring services, data
transmissions, transmission of broadcasts, transmission of recorded material,
interconnection to other networks, telemarketing, autodialed calls, other commercial
uses, or other connections that do not consist of uninterrupted live dialogue between two
individuals. Examples of Prohibited Data Uses: Access Wireless data services are
provided solely for purposes of web browsing, messaging, and similar data activities. You
may not use the data service: (1) with server devices or host computer applications or
other systems that drive continuous heavy traffic or data sessions, including, but not
limited to, disproportionate web camera posts or broadcasts, automatic data feeds,
automated machine-to-machine connections, peer-to-peer (P2P)file-sharing applications
broadcast to multiple servers or recipients such that they could enable "bots" or similar
routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to
send or receive unusually high numbers of messages; (4) to engage in atypical web usage
behaviors; (5) for any activity that adversely affects the ability of other people or systems
to use either our wireless services or other parties' lnternet-based resources; and (6) for
any other reason that, in our sole discretion, harms our network.
UNLIMITED USE PLANS. Unlimited does not mean unreasonable use. lf you subscribe
to rate plans, services or features that are described as unlimited, you should be aware
that such "unlimited" plans are subject to these Access Wireless Prohibited Network Uses
and Access Wireless General Terms and Conditions.
Network Management and Performance: Access Wireless telecommunication
services are provided on the Sprint network. For important information on Sprint's network
management tools, policies and other related information, please visit www.sprint.com.
Taxes & Government Fees
You agree to pay all applicable federal, state, and localtaxes, fees, surcharges and other
assessments that we are required by law to charge, collect and remit to governmental
agencies on the Services we provide to you. These charges may change from time to
time without advance notice. Access Wireless charges and collects sales tax on alldirect
top-up transactions and, in certain jurisdictions, surcharges or regulatory fees, if
applicable. Third party retailers are responsible for charging and collecting sales taxes,
surcharges and regulatory fees, if applicable, for top-up transactions that occur through
such third party retailers. Taxes, fees and surcharges are subject to change without
notice.
Surcharges
When imposed, unless prohibited by applicable law or agreement, you agree to pay all
surcharges ("Surcharges"), which may include, but are not limited to: Federal Universal
Service; various regulatory charges; Access Wireless administrative charges; gross
receipts charges and certain other taxes imposed upon Access Wireless; or charges for
the costs that we incur and pass along to you. Surcharges are not taxes, and we are
not required to assess them by law. They are charges we choose to collect from
you, are part of our rates, and are kept by us in whole or in part. The number and
type of Surcharges will be provided and may vary depending upon the location of
the transaction or the primary account address of the payment method or Device
and can change over time. We determine the rate for these charges, and these
amounts are subject to change as are the components used to calculate these
amounts. We will provide you notice of any changes to Surcharges in a manner
consistent with this Agreement (see "Providing Notice To Each Other Under The
Agreement" section).
However, since some Surcharges are based on amounts set by the government or based
on government formulas, it will not always be possible to provide advance notice of new
Surcharges or changes in the amount of existing Surcharges. lnformation on Surcharges
is provided during the sales transaction and is available on our website.
Disputing Charges
Any dispute to a charge that we assess you must be made in writing within 60 days of the
date we deduct the charge from your account balance. You accept all charges not
properly disputed within the above time period.
About Account Balances
To keep your account active and avoid service interruption, you must either maintain a
positive account balance at all times, or pay any applicable subscription charges
(depending on your service plan). Account balances are not transferable, redeemable for
cash, or refundable. Charges are deducted from either your account balance or you may
be able to pay for certain services with a credit card or debit card. There may be limits on
your account administration, for example account balance, number change, and device
changes. See the detailed plan or other information we provide or refer you to during the
sales transaction for the account status rules that apply to your Service. For additional
requirement on the Access Wireless Lifeline Assistance Program, please refer to
"Account Activity Requirement" section in the Access Wireless Lifeline Assistance
Program specific Terms & Conditions.
No Refunds of Airtime Cards, Top-Ups or Monthly Charges: We are not responsible
for, nor do we refund, lost, stolen, misused, or damaged airtime cards. We do not accept
returns of or provide refunds for Airtime cards. Airtime cards must be applied to your
account within the time specified on the card. All airtime purchases sales are final and
non-refundable regardless of who uses or possesses your mo.bile phone or device after
you purchase services, and regardless of whether the mobile phone or device is used
with your consent or knowledge.
Establishing or Replenishing Account Balances
lnformation on how you can establish and maintain an account balance will be provided
at activation and is also available at www.accesswireless.com or through Access
Wireless Customer Care. The replenishment methods available to you willdepend on the
terms of your Services. A fee may apply to certain replenishment methods. Some service
plans may provide for automatic account balance replenishment through, for example,
automatic billing to a credit card or debit card or automatic debit from an eligible account
with a financial institution. Payment through these methods may be subject to limitations,
including, but not limited to, the number of times an account may be debited or charged
in a particular time period; the amount that may be debited or charged from an account;
or other limitations imposed by us or the financial institution that holds the account. Auto
Refill: You, the Customer, authorize Access Wireless to on a recurring basis,
automatically charge the debit or credit card you specified for payments due on the
Access Wireless account number you specified at the time of Auto Refill enrollment.
These recurring charges and all other charges to your account are non-refundable. You
wil! be automatically charges for any monthly recurring charges or add-ons, plus any
applicable sales and local taxes, every month on your payment due date. Charges may
vary each month based on your service subscription selection. You may check your
payment due date, modify or cancel your Auto Refill preferences at any time by accessing
your account via our website. There is a limit of three crediVdebit card transactions per
phone in a 30-day period. Access Wireless customers are not eligible for the i-wireless
All-ln rate plan options.
Account History
Your account history for the previous 60 days wil! be available online
at www.accesswireless.com unless you switch service options, in which case your
account history for your new service option will be available online for a period of up to
60 days following the date of your switch. You may request a printed statement detailing
60 days of account history by sending a written request to: Access Wireless,
Attn: Account History, 1 Levee Way, Suite 3104, Newport, KY 41017.
Protecting Our Networks & Services
We can take any action to: (1) protect our networks, our rights and interests, or the rights
of others; or (2) optimize or improve the overall use of our networks and Services. Some
of these actions may interrupt or prevent legitimate communications and usage-for
example, message filtering/blocking software to prevent spam or viruses; limiting
throughput; limiting access to certain websites, applications or other Data Content;
prohibitions on unintended uses (for example, use as a dedicated line or use as a
monitoring service); etc. For additional information on what we do to protect our
customers, networks, Services and equipment, see our Terms of Use Policy on our
website.
Calls to Customer Care
Use of the Service includes a reasonable number of calls to our customer care
department for inquiries concerning usage, billing, or technical problems. We reserve the
right to determine that the number of calls or the requests made to our customer care
department are excessive and a violation of these Terms and Conditions.
Device lnformation
Most Access Wireless handsets come with a limited warranty. lf you encounter a problem
with your device, subscribers should caM -866-594-3644 to see if their handset qualifies
for the limited warranty. Please note that handset warranties are not transferable from
one customer to another. Access Wireless does not support warranties for any devices
that were not purchased through Access Wireless or an authorized Access Wireless retail
location.
New Device Warranty. Every new Access Wireless device purchased directly from
Access Wireless comes with a limited 1-year manufacturer's warranty. lf your device
experiences a manufacturing defect within 1-year of the purchase date, please contact
Customer Care at 1-866-594-3644 for detailed instructions on how to properly process
your warranty, if applicable. NOTE: Manufacturing defects are malfunctions that occur to
the device from no fault of the owner. Damage that is NOT considered defective includes,
but is not limited to: Cracks on or damage to the handset case indicating that the handset
has been dropped; Damage indicating that the handset has been exposed to liquid; LCD
damage such that the handset screen has cracks or blue spots; Handsets that have been
modified or tampered with, aka "Jailbreaking." Devices purchased directly from Access
Wireless can be returned within 14 days of purchase. Customer may return the complete
undamaged device, in its original packaging and all of it's components with its original
receipt.
Reconditioned Device Warranty. Most reconditioned Access Wireless devices come
with a limited 60-day manufacturer's warranty. lf your device experiences a manufacturing
defect within 60-days of the purchase date, and is covered by a manufacturer's warranty,
we will fix or replace that device with another reconditioned handset of the same mode!
or similar device, chosen at Access Wireless' discretion, if the original model is not
available. Manufacture defects are malfunctions that occur to the device from no fault of
the owner. Damage that is NOT considered defective includes, but is not limited to:
Cracks on or damage to the handset case indicating that the handset has been dropped;
Damage indicating that the handset has been exposed to liquid; LCD damage such that
the handset screen has cracks or blue spots; Handsets that have been modified or
tampered with, aka "Jailbreaking." Devices purchased directly from Access Wireless can
be returned within 14 days of purchase. Customer may return the complete undamaged
device, in its original packaging and all of it's components with its original receipt.
Devices Purchased on accesswireless.com. Devices that are ordered
from https://shop.accesswireless.com are sold through a third party and are subject to the
terms and conditions available at https://shop.accesswireless.comfferms-and-
Cond.html.
Lost or Stolen Device. Contact Access Wireless Customer Care immediately if your
Device is lost or stolen because you may be responsible for usage charges before you
notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate
the matter (provide facts, sworn statements, etc.). We may not credit or refund any
account balance if you choose to terminate Services as a result of loss or theft of your
Device. lf you do not either activate a new device or notifo us that you have found your
device within 45 days of the suspension of your account, your account will be deactivated,
we may assess a charge equal to the balance in your account (which is not refundable),
and, if applicable, you will lose your phone number.
Export. You agree to comply with all trade regulations and export control laws, both
domestic and foreign. i-wireless or Access Wireless Phones, equipment, software, and
any underlying information accessed or transferred by you using Access Wireless
Services may be subject to U.S. export controls, including the Export Administration Act
(50 U.S.C. 2401, et seq.) and the Export Administration Regulations (50 C.F.R. 730-774),
as well as the import regulations of other countries. You agree not to export or re-export
any i-wireless or Access Wireless phones, equipment, or software to any foreign country.
Any information transferred by you using Access Wireless'Services to any foreign
country, entity, or person must comply with the U.S. Export Administration Act and the
Export Administration Reg u lations.
Safety. Always use your Phone in a safe manner that does not create a risk to your
safety or the safety of others around you. While driving, always use a hands-free device
and never use your Phone to send messages or browse the lnternet. Always use your
mobile phone and device in accordance with all applicable laws and regulations.
Your Privacy
Our Privacy Policy is available at www.accesswireless.com. This policy may change from
time to time, so review it with regularity and care.
Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we
may monitor or record calls between us (for example, your conversations with our
customer service or sales departments).
Authentication and Contact: You (the account holder) must password protect your
account information by establishing a personal identification number ("PlN'). You should
also set a backup security question and answer in the event you forget your PlN. You
agree to protect your PlN, passwords, and other account access credentials like your
backup security question from loss or disclosure. You further agree that Access Wireless
may, in our sole discretion, treat any person who presents your credentials that we deem
sufficient for account access as you or an authorized user on the account for disclosure
of information or changes in Service. You agree that we may contact you for Service-
related reasons through the contact information that you provide, through the Services or
Devices to which you subscribe, or through other available means, including text
message, email, fax, recorded message, mobile, residential or business phone, or mail.
CPNI Consent: Under federal law, you have a right and Access Wireless has a duty, to
protect the confidentiality of information regarding the amount, type and destination of
your wireless service usage ("CPNl"). You consent to Access Wireless sharing your
CPNI internally, and with its affiliates and its contractors to develop or bring to your
attention any products or services, and to Access Wireless transferring your CPNI in the
event of any merger sale of some or all of the company assets or acquisition, as well as
in the event of any insolvency, bankruptcy or receivership proceeding in which CPNI or
other personal information would be transferred as one of the business assets of the
company. This consent survives the termination of these Terms and Conditions and your
use of the Service, and is valid until you revoke it. To revoke your CPNI consent, or
othenrvise restrict our use or, disclosure of, or grant of access to CPNI at any time, notify
us in writing at Access Wireless, Attention: CPNI Officer, 1 Levee Way, Suite 3104,
Newport, Kentucky, 41071 and provide your (1) Name, (2) Home Address, (3) Home
telephone number (including area code), (4) Telephone number for your mobile phone
(including arca code), (5) Service billing address, and (6) Service account
passcode. Revoking your CPNI consent will not affect your current wireless
service. Please see our Privacy Policy for more information.
Third-Party Applications: lf you use a third-party application, the application may
access, collect, use, or disclose your personal information or require Access Wireless to
disclose your information-including location information (when applicable)-to the
application provider or some other third par$. lf you access, use, or authorize third-party
applications through the Services, you agree and authorize Access Wireless to provide
information related to your use of the Services or the application(s). You understand that
your use of third-party applications is subject to the third party's terms and conditions and
policies, including its privacy policy. Be sure that you have reviewed and are comfortable
with the third party's policies before using its application on your device.
lnformation On Devices: Your Device may contain sensitive or personal information
(for example, pictures, videos, passwords, or stored credit card numbers). Access
Wireless is not responsible for any information on your Device, including sensitive or
personal information. lf possible, you should remove or otherwise safeguard any
sensitive or personal information when your Device is out of your possession or control,
for example, when you relinquish, exchange, return, or recycle your Device. By
submitting your Device to us, you agree that our employees, contractors, or vendors
may access all of the information on your Device. lf you exchange, return, or recycle
your Device through us, we typically attempt to erase data on your Device but you must
remove all data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally know the location of your Device when it is outdoors and/or turned
on. By using various technologies to locate your Device, we can provide enhanced
emergency 911 services and optiona! location-enabled services provided by a third party
or us. Network coverage or environmentalfactors (such as structures, buildings, weather,
geography, landscape, and topography) can signiflcantly impact the ability to access your
Device's location information and use of location-enabled services.
You agree that any authorized user may access, use, or authorize Access Wireless or
third-party location-enabled applications through the Services. You understand that your
use of such location-enabled applications is subject to the application's terms and
conditions and policies, including its privacy policy. lf you activate location-enabled
services for devices used by other authorized users, you agree to inform the authorized
user(s) of the terms of use for location-enabled applications and that the Device may be
located.
911 Or Other Emergency Calls
Public safety officials advise that when making 911 or other emergency calls, you
should always be prepared to provide your location information. Unlike traditional
wireline phones, depending on a number of factors (for example, whether your Device is
GPS-enabled, where you are, whether local emergency service providers have upgraded
their equipment, etc.), 911 operators may not know your phone number, your location, or
the location of your Device. ln certain circumstances, an emergency call may be routed
to a state patrol dispatcher or alternative location set by local emergency service
providers. Enhanced 91 1 service, ("E91 1")-where enabled by local emergency
authorities-uses GPS technology to provide location information. Even when available,
however, E911 does not always provide accurate location information. lf your Device is
indoors or for some other reason cannot acquire a satellite signal, you may not be located.
Some Devices have a safety feature that prevents use of the keypad after dialing 911-
you should follow voice prompts when interacting with emergency service providers
employing interactive voice response systems to screen calls.
Telecommunications Relay Services (TRS)
Telecommunications Relay Service (TRS) permits persons with a hearing or speech
disability to use the telephone system via a text telephone (TTY) or other device. lf you
want to call someone using TRS, use your TTY or dial 711 on your mobile device and
you will be automatically connected to a TRS operator. 711is a toll-free, nationwide relay
access number. You may dial711 from anywhere in the United States and be connected
to the relay service in the state you are calling from. Once connected to the relay service,
tellthe Communications Assistant the type of relay callyou wish to make. (i.e. TTY, HCO,
VCO, STS, Spanish, etc.). 711 dialing access does not work for Video Relay Service
(VRS), lnternet Protocol (lP) Relay, or lnternet Protocol Captioned Telephone Service
(IPCTS) relay calls because such calls are initiated through the lnternet. For
emergencies, you should dia! 911. To learn more about 711 , visit
https://www.fcc.gov/consumers/guides/71 1-telecommunications-relay-service. To learn
more about other types of TRS, visit https://www.fcc.gov/general/telecommunications-
relay-services-trs.
Disclaimer Of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO
REPRESENTATTONS OR WARRANTTES, EXPRESS OR ttUPLtED, tNCLUDING (TO
THE EXTENT ALLOWED BY LAW ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVTCE). WE
DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T
AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. ACCESS
WIRELESS PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN 'AS IS' BASIS
WITH ALL FAULTS, ERRORS AND DEFECTS.
You Agree That We Are Not Responsible For Gertain Problems
You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors,
suppliers, or licensors are responsible for any damages resulting from: (a) anything done
or not done by someone else; (b) providing or failing to provide Services, including, but
not limited to, deflciencies or problems with a Device or network coverage (for example,
dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-
related claims relating to our Services; (d) Data Content or information accessed while
using our Services; (e) an interruption or failure in accessing or attempting to access
emergency services from a Device, including through 911, Enhanced 911 or otherwise;
(f) interrupted, failed, or inaccurate location information services; (g) information or
communication that is blocked by a spam filter; (h) damage to your Device or any
computer or equipment connected to your Device, or damage to or loss of any information
stored on your Device, computer, equipment, or Access Wireless storage space from
your use of the Services or from viruses, worms, or downloads of malicious content,
materials, data, text, images, video, or audio; or (i) things beyond our control, including
acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders or acts. You should implement
appropriate safeguards to secure your Device, computer, or equipment and to backup
your information stored on each.
You Agree That Our Liability ls Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES
FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE
THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES
ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNIT]VE, MULTIPLE, OR
SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR
RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION
WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF
BUS!NESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES,
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; !T AFFECTS YOUR RIGHTS
ln those rare instances where your concern is not resolved to your satisfaction
through calls to our customer care, you and Access Wireless each agree to try to
resolve those disputes in good faith after you provide written notice of the dispute
as set forth below. lf the dispute is not resolved, you and Access Wireless agree
that they dispute will be resolved through individua! binding arbitration or small
claims court, instead of courts of generaljurisdiction.
Mandatory Arbitration and Waiver of Class Action
lnstead of suing in court, you and Access Wireless agree to arbitrate all Disputes (as
defined below) on an individual, non-representative basis. You agree that, by entering
into this Agreement, you and Access Wireless are waiving the right to a trial by jury or to
participate in a class action or representative action. This agreement to arbitrate is
intended to be broadly interpreted.
ln arbitration, there is no judge or jury. lnstead, Disputes are decided by a neutral third-
party arbitrator in a more informal process than in court. ln arbitration, there is limited
discovery and the arbitrator's decision is subject to limited review by courts. However,
just as a court would, the arbitrator must honor the terms of the Agreement and can award
damages and relief, including any attorneys'fees authorized by law.
"Disputes" shall include, but are not limited to, any claims or controversies against each
other related in any way to or arising out of in any way our Services or the Agreement,
including, but not limited to, coverage, Devices, billing services and practices, policies,
contract practices (including enforceability), service claims, privacy, or advertising, even
if the claim arises after Services have terminated. Disputes also include, but are not
limited to, claims that: (a) you or an authorized or unauthorized user of the Services or
Devices bring against our employees, agents, affiliates, or other representatives; (b) you
bring against a third party, such as a retailer or equipment manufacturer, that are based
on, relate to, or arise out of in any way our Services or the Agreement; or (c) that Access
Wireless brings against you. Disputes also include, but are not limited to, (i) claims in any
way related to or arising out of any aspect of the relationship between you and Access
Wireless, whether based in contract, tort, statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims that arose before this Agreement or out of a
prior Agreement with Access Wireless; (iii) claims that are subject to on-going litigation
where you are not a party or class member; and/or (iv) claims that arise after the
termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Access Wireless each
agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain:
(a) a written description of the problem and relevant documents and supporting
information; and (b) a statement of the specific relief sought. A Notice of Dispute to Access
Wireless should be sent to: Access Wireless, Attention: General Counsel, 1 Levee Way;
Suite 3104, Newport, KY 41071. Access Wireless will provide a Notice of Dispute to you
in accordance with the "Providing Notice To Each Other Under The Agreement" section
of this Agreement. Access Wireless will assign a representative to work with you and try
to resolve your Dispute to your satisfaction. You and Access Wireless agree to make
attempts to resolve the Dispute prior to commencing an arbitration or small claims action.
lf an agreement cannot be reached within forty-five (45) days of receipt of the Notice of
Dispute, you or Access Wireless may commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Access Wireless agree othenruise, the arbitration will be conducted
by a single, neutral arbitrator and will take place in the county of the last billing address
of the Service. The arbitration will be governed by either: (a) rules that we mutually
agree upon; or (b)the JAMS Comprehensive Arbitration Rules & Procedures (the
"JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the
filing, administration, discovery and arbitrator fees. The JAMS rules are available on its
website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by agreement, to govern the arbitration, we each
agree that all issues regarding the Dispute are delegated to the arbitrator to decide,
except that only a court (and not the arbitrator) shall decide any disagreements
regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act ("FA4") applies to this Agreement and arbitration
provision. We each agree that the FAA's provisions-not state law-govern all questions
of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate
conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses
Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum
Standards in that regard will apply. However, nothing in this paragraph will require or
allow you or Access Wireless to arbitrate on a class-wide, representative or consolidated
basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that
party's individual claim. YOU AND ACCESS WIRELESS AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND
NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTAT]VE
PROCEEDING. Further, unless both you and Access Wireless expressly agree
othenruise, the arbitrator may not consolidate more than one person's claims, and may
not othenruise preside over any form of a representative or class proceeding. lf any portion
of this provision is found to be unenforceable, then the entirety of this arbitration provision
shall be null and void.
(4) We each are responsible for our respective costs, including our respective counsel,
experts, and witnesses. Access Wireless will pay for any filing or case management fees
associated with the arbitration and the professional fees for the arbitrator's services.
(5) An arbitrator's award will be a written statement of the disposition of each claim and
will also provide a concise written statement of the essential findings and conclusions,
which form the basis of the award. The arbitrator's decision and award is final and binding,
with some limited court review under the FAA, and judgment on the award may be entered
in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the
county of your most recent billing address. ln addition, this arbitration agreement does
not prevent you from bringing your Dispute to the attention of any federal, state, or local
government agency. Such agencies can, if the law allows, seek relief against Access
Wireless on your behalf.
No Trial By Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT IN ANY WAY PROCEEDS !N COURT RATHER THAN !N ARBITRATION,
REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED
BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH
UNCoNDITIoNALLY (1) WAIVE ANY RIGHT TO TR|AL By JURY AND (2) WAIVE ANy
RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A
CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM
IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER
PROCEEDING.
lndemnification
You agree to indemnify, defend, and hold Access Wireless and our subsidiaries, affiliates,
parent companies, vendors, suppliers, and licensors harmless from any claims arising out
of or relating to your actions, including, but not limited to, your use of the Service and any
information you submit, post, transmit, or make available via the Service; failing to provide
appropriate notices regarding location-enabled services (see "Location-Enabled
Services" section); failure to safeguard your passwords, backup question to your shared
secret question, or other account information; or violating this Agreement or any policy
referenced in this Agreement, any applicable law or regulation, or the rights of any third
party.
Providing Notice To Each Other Under the Agreement
Except as the Agreement specifically provides otheruvise, you must deliver written notice
to us by mail to Access Wireless, 1 Levee Way, Suite 3104, Newport, KY 41071. We will
provide you notice by correspondence to your last known address in our records, to any
fax number or email address you've provided us, by calling you on your Device or any
other phone number you've provided us, by voice message on your Device or any other
phone number you've provided us, or by text message on your Device.
Other !mportant Terms
Subject to federa! law or unless the Agreement specifically provides otherwise, this
Agreement is governed solely by the laws of the state encompassing the area code
assigned to your Device, without regard to the conflicts of law rules of that state. lf either
of us waives or does not enforce a requirement under this Agreement in an instance, we
do not waive our right to later enforce that requirement. Except as the Agreement
specifically provides othenryise, if any part of the Agreement is held invalid or
unenforceable, the rest of this Agreement remains in full force and effect. This Agreement
is not for the benefit of any third party except our corporate parents, affiliates, subsidiaries,
agents, and predecessors and successors in interest. You may not assign the Agreement
or any of your rights or duties under it. We can assign the Agreement without notice. You
may not in any manner resell Devices or Services to another party. You may not export
any Device. The Agreement and the documents it incorporates make up the entire
agreement between us and replace all prior written or spoken agreements-you cannot
rely on any contradictory documents or statements by sales or service representatives.
The rights, obligations, and commitments in the Agreement that-by their nature-would
logically continue beyond the termination of Services (for example, those relating to
billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination
of Services.
Trademarks and Licenses
The i-wireless / Access Wireless brand and family of marks are registered trademarks
used under license by i-wireless LLC. Sprint and Sprint PCS are registered trademarks
of Sprint Nextel. You agree not to infringe, misappropriate or othenruise violate the
intellectual property rights of i-wireless, Sprint or any other carrier. You agree that a
violation of this paragraph causes harm that cannot be fully redressed by monetary
damages, and that in the event of such violation or threatened violation, i-wireless is
entitled to immediate injunctive relief, without posting a bond or additional security, in
addition to all other rights and remedies available.
Android, Google, the Google logo and Google Play are trademarks of Google lnc
Access Wireless Prepaid Monthly PLANS TERMS & CONDITIONS
Access Wireless Prepaid plans provide the user with a specified allotment of combined
voice minutes, text messages and data for a flat fee and is valid for use within a 30-day
period. Each plan option is directly associated with a specific flat fee. Any unused talk,
text or data wil! expire after 30 days unless otherwise noted. Customers must elect auto-
pay or add funds via airtime, credit or debit card to continue service. International calling
is not included as part of the monthly plan, but may be purchased using funds available
in the account balance or with an international calling card. 411 calls and international
texting are free with all plans.
Talk, Text & Data Allotments:
Each plan allotment is valid for a 30-day period, and includes the associated voice, text
and data units detailed below. Each is also inclusive of related telecom taxes, fees
and/or surcharges. Sales tax and any federal, state or local charges assessed to
telecom products at the point of sale are not included. Any unused talk, text or data will
expire after 30 days unless otherwise noted. Your monthly plan wil! automatically renew
if you have opted in for Auto-Pay or added sufficient funds to your account balance
before your next plan renewal date.
Access Monthly Plan Options:
$20.00 for Unlimited* Talk Minutes and Unlimited* Text Messaging. Unlimited
picture messages are also included.
$35.00 for Unlimited* Talk Minutes, Unlimited* Text Messaging and 3 GB Data
provided at speeds up to 4G LTE. Unlimited picture messages are also included
$50.00 for Unlimited* Talk Minutes, Unlimited* Text Messaging and 10 GB Data
provided at speeds up to 4G LTE. Unlimited picture messages are also included
We reserve the right to change the Fees set forth above or discontinue a rate
plan at any time.
Data Bolt-On:
A Data Bolt-On can onlv be added to an account that is active on an Access
Monthlv Plan. Bolt-on data will carrv over as lonq as continuous service is
a
a
a
maintained on an Access Monthlv Plan. Data from the allotted Access Monthlv
plan will be used before the allotted amount of the Data Bolt-on.
. $5 for 250 MB Data provided at speeds up to 4G LTE.. $10.00 for 1 GB Data provided at speeds up to 4G LTE.
.Unlimited does not mean unreasonable. Any plans with unlimited data will first use their
allotted amount of high-speed data. After that allotment has been used, data speed will
be reduced for the remainder of the 30-day plan period. The reduced speed (64 kbps)
may impact the functionality of some data applications, such as streaming audio or video
or web browsing. All plans are 30-day plans. Any unused talk, text or data will expire at
this time. Customers must elect auto-pay or add funds via airtime, credit or debit card to
continue service. lnternational calling is not included as part of the monthly plan, but may
be purchased using funds available in the account balance or with an international calling
card.
Adding Talk, Text & Data:
You can add talk, text and data to your plan by using one of our Top-Up methods. You
can Top-Up your account by (1) registering a valid credit or debit card to your account.
The minimum Top-Up amount when using a credit card or debit card is $10; (2)
purchasing Access Wireless or i-wireless airtime cards at participating retailers,
including the Kroger family of stores. A list of retail locations can be found
at www.accesswireless.com/buv-cards. Any funds added to your account can only be
used to add the talk, text and data allotments as described above. See terms and
conditions on taxes and surcharges for details.
Auto-Pay:
You can register to automatically refill your account balance. By registering for Auto -Pay,
you agree to have the Auto-Pay amount you have selected deducted from your credit
card or debit card and added to your Access Wireless account once every 30 days. You
can establish, modify, or cancel your AutoPay preferences at any time by logging into
your account at accesswireless.com or by calling Access Wireless at 1.866.594.3644.
Please note that any airtime loaded between auto-pay dates will not negate or reset the
auto refilltiming.
Carry Forward:
Subscribers are not eligible for carry forward minutes, text or data unless otherwise
noted. Once a new talk, text and data allotment is added, any remaining unused voice
minutes, text messages or data allowance from the prior plan purchased will
automatically be removed from the account prior to the new allotment being applied and
made available for use.
Switching Among Plans:
Access Wireless subscribers may switch between any available rate plan at any time.
When switching between rate plans you will not receive a refund of any portion of any
previously paid charges. For that reason, we recommend that you switch at the end of
your 30-day billing cycle if you are on a Monthly Service Plan or after you have used
your talk, text or data allotment. When switching between different Monthly Service
Plans, subscribers wil! not be permitted to transfer unused balances into or out of the
plans. Excessive switching is not permitted and may result in termination of Service.
Other Charges
Customers must have a balance in order to use the following services
Domestic and lnternational Long Distance allow you to call anywhere in the U.S. and
anywhere in the world. ln the event you place an lnternational Long Distance call from
your Phone, your account will be debited an amount equal to the cost of such call, and
the cost shall be calculated based upon the lnternational Long Distance rates currently
in effect multiplied by the number of minutes used. Rates and country codes are
available at accesswireless.com.
Calls to Directory Assistance (411) are one dollar fifty cents ($1.50) each plus local per-
minute charges. Rates are subject to change.
lnternational Long Distance calls are additional charges: as such, the airtime minutes
used are included and the minutes used will not be debited against your minute
balance.
Standard airtime charges apply to 800, 866,877 and other toll-free calls.
lncoming advertising alerts or other broadcast messages from i-wireless or its
authorized agents, such incoming calls and messages are not charged against your
account balance.
Taxes and Surcharges:
Stated prices for our Services on the plans, include taxes and/or surcharges. Taxes
include state and local taxes, as well as surcharges for federal and state Universal
Service Fund contributions and state and local 911 fees. Charges may also include a
cost recovery surcharge. The amount of these surcharges may vary from time to time
and by area. Sales tax and other fees assigned by federal, state, or local governments
at the point of sale are not included in the rates.
ACCESS WIRELESS LIFELINE ASSISTANCE PROGRAM TERMS & CONDITIONS
Access Wireless service is limited to eligible customers who are over the age of 18 or are
an emancipated minor, subject to continued verification and is non-transferable. Only one
Lifeline Assistance benefit (wireless or wireline) per household is allowable. Consumers
who make willful false statements to obtain benefits may be punished by fine or
imprisonment or may be barred from the program.
Availability
Access Wireless is only available for activation by customers who reside in the areas in
which i-wireless, or, in certain cases, an affiliate has been designated as an Eligible
Telecommunications Carrier ('ETC'). Your principal residence address must be within an
i-wireless ETC service area. Visit www.accesswireless.com to check whether you reside
in an i-wireless ETC service area. To be eligible for Access Wireless service, you must
meet the applicable eligibility standards described below, which may be amended from
time to time.
Eligibility
Eligibility for Access Wireless may vary by state. You may qualify for Access Wireless if
you participate in any of the government programs listed in your Access Wireless
application or based on household income eligibility standards. lf you seek to qualify for
Access Wireless based upon participation in a qualifying assistance program and Access
Wireless is unable to verify your participation through an eligibility database, then you are
required to provide proof of program participation such as program identification card or
other social service agency document that shows you currently participate in a qualifying
program. lf you seek to qualify for Access Wireless under the household income eligibility
standards, you are required to provide written documentation of your household income.
You should not send original proof documents to Access Wireless, as they will not be
returned. Access Wireless is not responsible for any losses resulting from the destruction
of documents sent to Access Wireless.. You are responsible for notifying Access Wireless
if you no longer meet the applicable eligibility standards for Access Wireless. ln addition,
if you receive a notice from Access Wireless requesting that you confirm your eligibility
status, you must do so. Specific information regarding eligibility verification is Iisted in the
lmportant Service/Prod uct Terms.
One Lifeline Assistance Discount Per Economic Unit
Lifeline Assistance is limited to one economic unit per household (landline or wireless).
An economic unit is defined, for purposes of the Lifeline programs, as any individual or
group of individuals who live together at the same address and share income and
expenses. An economic unit is not permitted to receive Lifeline benefits from multiple
providers. Violation of the one benefit per economic unit rule constitutes a violation of the
federal rules and will result in de-enrollment from the Lifeline program and potentially
prosecution by the United States government. You consent to have your personal
identification information, including name, telephone number and address shared with the
universal Service Administrative Company (USAC) (the Lifeline Program administrator)
and/or its agents for the purpose of confirming that neither you nor your household receive
more than one Lifeline benefit. lf you or any member of your family unit receives Lifeline
Assistance from any other telephone company or broadband internet provider, you are
responsible for notifying your current service provider that you have been approved for
Lifeline Assistance through Access Wireless.
Eligibility is Personal
Eligibility for Access Wireless is personal to you. You may not transfer to any third party
any of your rights or benefits received under the Access Wireless service, including, but
not limited to, any voice minutes or broadband data received under the Access Wireless
service.
FREE Wireless Rewards Program
The FREE Wireless Rewards program is administered by Access Wireless/i-wireless and
Kroger. lf you are a registered participant in the FREE Wireless Rewards program, you
will earn a free wireless reward for every $100 spent on qualifying purchases at select
Kroger-owned store locations when using a registered Kroger family Shopper's cards,
Rewards card, Alternate lD or 1-2-3 Rewards Visa.
lf you have registered and authorized recurring billing to your 1-2-3 Reward's Visa, you
will receive 20 FREE minutes of airtime or megabytes of data (depending on your rate
plan) applied to your account balance for every $100 in qualified spending. You must
spend $100 or more to receive the reward. The total amounts you spend will not be
rounded up (i.e. 991 will not be rounded up to $1.00). Rewards may only be redeemed
once (1) per household, per $100 in qualified spending. Qualified purchases do not
include payments for taxes, office services, alcohol, tobacco, fuel, tickets, Western Union,
Green Dot cards, MoneyPak, Kroger Gift Cards and any purchases prohibited by law.
Access Wireless and Kroger reserve the right to exclude other purchases. No coupon or
certificate is needed to earn rewards minutes.
A maximum of two Kroger family Shopper's cards, Rewards cards or 1-2-3 Rewards Visa
cards may be registered against any one Access Wireless MDN. No more than 20 FREE
minutes or megabytes can be earned for every $100 in qualified spending, and a
maximum of 2000 minutes and/or 5 GB of data can be earned within a 30-day period.
Wireless Rewards follow airtime purchase rules; see Top Up Options for details. FREE
Wireless Rewards are usually applied within 48 hours after the $100 threshold for
qualifying purchases is met.
FREE Wireless Rewards may only be redeemed for Access Wireless service in
connection with a qualifying Access Wireless rate plan, requires the use of an Access
Wireless or i-wireless phone, and are subject to these Terms and Conditions. Minutes
earned under the FREE Wireless Rewards program may be used for making or receiving
voice calls. Access Wireless, i-wireless and Kroger reserve the right to alter, limit or
modify the FREE Wireless Rewards program rules, regulations, rewards, reward level,
registration process, or to terminate the FREE Wireless Rewards program at their sole
discretion, without notice. By participating in the FREE Wireless Rewards program, you
and your household agree to allow Access Wireless to use information collected for the
marketing purposes of Access Wireless, i-wireless, Kroger and their respective affiliates.
Please see our Privacy Policy for additional details. This is a limited time offer and not
available where prohibited by law.
Access Wireless users must be registered for the FREE Wireless Rewards program in
order to be eligible to receive FREE Wireless Rewards. The FREE Wireless Rewards
program is not available in select Food4less store locations.
Consent to Disclosure of lnformation
By completing the Access Wireless application, you consent to the release of your
information, (including financial information) to our designated agent for the administration
of your Access Wireless service. This consent survives the termination of this Agreement.
You further authorize Access Wireless to discuss with or access information from state or
federal agency representatives concerning your eligibility for and participation in the
Lifeline Assistance program. Access Wireless reseryes the right to review your eligibility
status at any time and require you to provide Access Wireless with written documentation
of either your household's income or your participation in a qualifying federal program or
state program.
State-S pecific I nformation
Unresolved questions or complaints regarding Lifeline service may be directed to the
state offices or agencies listed in the lmportant Service/Product Specific Terms.
Access Wireless phones may be provided free of charge in accordance with its Handset
Policy or can be purchased from Access Wireless/i-wireless or authorized retailers.
State Dispute Resolution lnformation. Unresolved questions or complaints regarding
Lifeline service may be directed to the following state offices or
agencies: Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560
Broadway, Suite 250, Denver Colorado 80202, Phone [phone] or 800-456-0858,
FAX [phone], email
[e-mail]. Georgia: Georgia Public Service
Commission's Consumer Affairs Unit at 404-656-4501. Kansas: Kansas Corporation
Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer
Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1.800.662.0027 or
in Topeka 785.271.3140. Hearing or speech impaired TDD Kansas Relay Center
1.800.766.3777. Pennsylvania: PA Public Utilities Commission, Bureau of Consumer
Services, P.O. Box 3265, Harrisburg, PA 17105-3265 or call 1-717-783-1740 or toll free
1-800-692-7380. Oregon: Oregon Public Utility Commission, Consumer Services, P.O.
Box 1088, Salem OR 97308 or call 1-800-848-4442. Washington: Washington State
Office of Attorney General, Consumer Protection Division at 1-800-551-4636.
Phone lnformation and Return Policy. Phone models are either new or refurbished
based on inventory availability or available plans. Phones may vary depending on
inventory. Phones purchased from accesswireless.com or krogeriwireless.com may or
may not have been purchased directly from i-wireless LLC d/b/a Access Wireless. See
General Terms & Conditions: Section Device lnformation for warranty and return
information regarding phones purchased from www.accesswireless.com. Phones
purchased from other retail locations are subject to the other location's return policy.
Please contact customer service at 866-594-3644 for replacement eligibility options and
returning of your handset. ln an instance that a device should be returned, you will be
issued a Return Authorization Number and a return mailer will be sent to you.
All phones provided to you by Access Wireless through our Lifeline Assistance program
include a one-year warranty from the original equipment manufacturer. lf you experience
a handset malfunction, call Access Wireless at 866-594-3644. Lost, stolen, and defects
due to misuse or abuse are not covered under any warranty.
ACCESS WIRELESS RATES
Rate plan(s) in States participating in the Federal Lifeline program and NOT
supplementing the federal reimbursement with state funds.
1. Access Wireless Free Plan: Only Available to customers activating prior to
121112019. lncludes 1000 Voice Minutes, Unlimited Text Messages, and 3 GB of
Data each month.
2. Access Wireless Voice Plan: Available after 1 21112019. lncludes 1000 Voice
Minutes, Unlimited Text Messages and 50 MB of Data each month.
3. Access Wireless Broadband/Data Plan: Available after 121112019. lncludes
250 Voice Minutes, Unlimited Text Messages and 3 GB of Data each month.
Rates plan(s) in States participating in the Federal Lifeline program and
supplementing the federal reimbursement with state funds of at least $3.50.
1. Access Wireless Free Plan+: Only Available to customers activating prior to
121112019. lncludes 1,250 Voice Minutes, Unlimited Text Messages, and 3 GB of
Data each month.
2. Access Wireless Voice Plan+: Available after 121112019. lncludes 1,250 Voice
Minutes, Unlimited Text l/essages, and 50 MB of Data each month.
3. Access Wireless Broadband/Data Plan+: Available after 121112019. lncludes
500 Voice Minutes, Unlimited Text Messages, and 3 GB of Data each month.
Top-Up Options listed below are available to the above rate plans, and are valid for
30 daYs:
Top Up
Amount $5 $10 $zs $3s $so
Minutes
Added
250 Voice
Minutes for
10 davs
500 Voice
Minutes
Unlimited
Talk
Unlimited
Talk
Unlimited
Talk
Data
Added
250 MB
Data for 10
davs
5OO MB
Data 2 GB Data 3 GB Data 10 GB Data
!ncluded 10 MB for 6
months
10 MB for 6
months
10 MB for 6
months
10 MB for 6
months
10 MB for 6
months
Minutes. texts or data added as a result of a top-uo pavment will be used after the monthlv
Lifeline credit has been exhausted. Anv unused minutes, texts or data will expire after 30
davs. unless othennrise stated in the chart . from the date the funds were aoolied to
the account.
Rate plan(s) for Tribal Lands Enhanced Tribal Support. NOTE: Access Wireless is
approved to offer Enhanced Tribal Support in a limited number of states.
1. Access Wireless Enhanced Tribal Broadband Plan: lncludes Unlimited Voice
Minutes, Unlimited Text Messages and 3 GB of Data each month.
Top-Up Options listed below are available to subscribers on the Access Wireless
Enhanced Tribal Broadband Plan and are valid for 30 da
$s $10 $zs $35 $50Top Up
Amount
5OO MB
Dalafor 10
davs
1 GB Data
7.5 GB
Data
8.5 GB
Data 10 GB DataData
Added
Data added as a result of a top-up pavment will be used after the monthlv Lifeline credit
has been exhausted. Anv unused data will re after 30 davs. unless otherwise stated
in the chart above. from the date the funds were aoolied to the account-
Subscribers No Longer Approved for Lifeline Benefits with Access Wireless
1. Access Basic Non-Lifeline Plan: Customers with a cash balance will be
charged $0.05 per Voice Minute or Text Message (sent or received) and $0.10
per Megabyte of data. Rates subject to change.
Top-Up Options below are available to subscribers on the Access Basic Non-
Lifeline Plan and are valid for 30
Anv unused minutes, texts or data will expire after 30 davs. unless othennrise stated in the
nharl above from the d ala Iha fir nrlc rlrroro annliad fn tha anenrrnf
Account Activity Requirement. You must actively use your Access Wireless service.
You can "use" the service by (1) making an outbound call, sending a text message, or
using data, (2) purchasing airtime from Access Wireless, or (3) answering an incoming
call from anyone other than Access Wireless, lf you do not use your service at least once
during any 30-day period, Access Wireless will provide you with notice of inactivity to
inform you thatyou must use the service in 15 days or be de-enrolled from the Lifeline
program. lf you receive a notice of inactivity, you must use your Access Wireless service
Top Up
Amount $s $10 $20 $25 $ss $so
Minutes
Added
150 Voice
Minutesfor
10 davs
400 Voice
Minutes
Unlimited
Talk
Unlimited
Talk
Unlimited
Talk
Unlimited
Talk
Text Added
Unlimited
Tertfor 10
days
Unlimited
Text
Unlimited
Text
Unlimited
Text
Unlimited
Text
Unlimited
Text
Data
Added
150 MB
Datafor 10
davs
4OO MB
Data N/A 5OO MB
Data 3 GB Data 10 GB Data
at least once during the 15-day period following the notification or confirm that you would
like to continue receiving Lifeline service in order to remain eligible and avoid termination
of your Access Wireless Lifeline service.
Maintaining Eligibility & Service. You will receive Lifeline service from Access Wireless
as long as you meet and continue to verify (at least once annually) the Access Wireless
eligibility requirements. lf Access Wireless has reason to believe that you are no longer
eligible to receive your Lifeline benefit for any reason, including but not limited to instances
in which (1) You have notified us of your ineligibility; (2) You have failed to respond to a
request by Access Wireless to confirm your eligibility by the response date provided; (3)
You have responded to a request by Access Wireless to confirm your eligibility, but failed
to submit adequate proof of your eligibility status; or (4) A state or federal agency alerts
Access Wireless to your ineligibility, Access Wireless will notify you of impending
termination of your Access Wireless Lifeline service. You will have 30 days to respond to
a notice of impending termination, except that you will have 60 days to respond to a
request for annual certification of Lifeline eligibility. Confirmation of eligibility must occur
during this period or your Access Wireless Lifeline service will be terminated. lf your
eligibility is not confirmed prior to the end of the applicable period following notification of
inactivity or impending termination, you will lose any free monthly minutes.
Using Access Wireless Services after Termination of Lifeline Service. You can
continue to use Access Wireless service as a prepaid service after termination of Access
Wireless Lifeline service if you have a sufficient balance in your account. Prepaid plans
are subject to the Terms and Conditions for i-wireless prepaid service. For up to 60 days
after termination of Access Wireless Lifeline service, if you have a sufficient balance in
your account, you will be charged $0.05 for each additional minute or text and $0.10 for
each additional megabyte of data.
Expired Accounts: After the end of this up to 60-day period, your account will expire,
and we will deactivate your service. lf your account expires or is terminated, you will lose
your phone number, and Access Wireless will assess you a termination charge equal to
the value of the balance in your account.