Common use of Warranty Replacement Clause in Contracts

Warranty Replacement. Patriot Mobile does not manufacture devices and does not provide a device warranty. Before purchasing any device, we recommend understanding what warranty coverage (if any) applies from the manufacturer. We also recommend purchasing supplemental insurance for damage and loss. Patriot Mobile may periodically offer certified pre-owned or ‘open box’ devices with a limited warranty (“Patriot Care”). Contact Patriot Mobile for more details. Patriot Care is not sold in the following states: California, Florida, and Washington. Charges You are required to pay, by the due date indicated on each invoice, all charges for Services provided for the Number for each device or other equipment that our records show you activated, regardless of who uses or has possession of the device or other equipment during the provision of Services. Examples of these charges include: • recurring monthly Service charges, • usage charges (voice, text, data, and domestic and international), • connection fees, • miscellaneous charges, • optional features you select at an extra cost, and • taxes and other surcharges. Charges for a call placed to or from your Number begin when you press SEND (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or a similar key). Charges for voice Services are incurred in one-minute increments, and partial minutes of use are rounded up to the next highest minute. Data and MMS/SMS usage is measured in bytes, kilobytes, megabytes, and gigabytes. Bytes are rounded up to the next highest 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 at intermittent collection points during a Data Session. Depending on your Data Service, 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. When you are charged a fixed price per KB, fractional cents will be rounded up to the next cent. Billing Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Unless we state otherwise in your Service Plan, monthly Plan Charges are invoiced one billing cycle in advance. Nevertheless, we may invoice you for usage and charges occurring before the current billing cycle if we did not previously invoice you for them. If we invoice you for usage incurred during a prior billing cycle, those minutes will be applied to your Service Plan minutes for the current billing cycle. However, if you have changed your Service Plan between the time the usage was incurred and the beginning of the current billing cycle, we will charge those minutes from the prior billing cycle at the applicable per minute rate set out in the Service Plan in effect at the time the usage was incurred. Payments Your payments will be due on the “DUE DATE” reflected on your monthly billing and processed through AutoPay that will be set up upon becoming a Patriot Mobile member. If payments are not received on time, a late fee equal to 1.5% per month (18% per annum) on the unpaid balance may be added to your amount due, if allowed by law in the state of your billing address. You may have to pay a $30 fee to reactivate Service if your Service is terminated, or a $15 fee to reconnect Service if it is interrupted for non–payment or suspended for any reason. Patriot Mobile’s acceptance of late or partial payments does not waive any of our rights to insist upon payment of the full amount due. You will also be charged a fee for each and any check or other instrument (including credit card charge-backs) returned unpaid for any reason (subject to applicable law and except as may otherwise have been expressly agreed in writing). If you fail to pay on time and Patriot Mobile refers your account(s) to a third party for collection, a collection fee will be assessed and due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18% per annum. Subject to, and insofar as not contrary to applicable law, we will not be responsible or liable for any negative or adverse consequences that may arise as a result of our reporting your Account or payment information or history to any third-party credit reporting or collections agency. AutoPay Enrollment in AutoPay is required to initiate Service with Patriot Mobile and must be maintained as a condition to use of the Service. By enrolling in an automatic credit card billing, automatic payment, or electronic funds transfer plan, you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt. You certify you are the owner of the payment method, authorize Patriot Mobile to store this information, and authorize Patriot Mobile to automatically charge the amount of your monthly bill(s) each month on the date indicated on your monthly bill, and to charge any amounts outstanding if you cancel Service. You agree to provide Patriot Mobile with updated credit or debit card or bank account information when needed by calling Member Services at (000) 000-0000 or updating such information in your Account online. You acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we will update our files with this information and continue to charge your card. You agree that we are not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge or place holds on your credit or debit card or to transfer funds. When payment is made by credit or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit or debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may charge you an additional fee. Advance Payments/Deposits We may refuse to provide Services or require an advance payment, a nonrefundable payment, a deposit, or other form of credit requirement if we determine that you may be a credit risk due to (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection, or restoration of Service; or (4) fraudulent or abusive use of any Services within the last five years. We may also require you to make an advance payment and/or a deposit to either (1) benefit from a device promotion, or (2) enter into a device installment plan. We will not pay interest on advance payments or deposits unless required by law. We may, however, require special payment terms, such as additional advance payments or deposits, if we determine that the initial payment was inadequate. We may establish limits and restrict Services or features as we deem appropriate and we may immediately interrupt or suspend Services until your balance is brought below the limit we set for you. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Patriot Mobile of satisfactory payment history or as required by law, Patriot Mobile may begin refunding deposits through bill credits or cash payments or as otherwise determined solely by Patriot Mobile. Advance payments or deposits to enter into a device installment plan will not be returned unless you exercise one of your 14-day Trial Period Rights. These payments will be applied toward the device’s price and used to reduce your monthly installment. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies. Device Activation Fee We may require you to pay a non-refundable fee when you (1) activate your Number with Patriot Mobile, (2) change the number on your existing device, or (3) activate an additional device on your existing account with a new Number. More information about applicable fees is set out in your Service Plan or can be obtained by calling Member Services at (000) 000-0000. Miscellaneous Charges FCC Universal Service Fee (“USF Fee”): The USF Fee applies to all members and is calculated as a percentage of the interstate and international charges of the member’s current bill. It is based on the percentage assessed by the Federal Communications Commission (“FCC”) on mobile carriers for the support of universal service. The USF Fee will change to match any modification made by the FCC to its charge to Patriot Mobile.

Appears in 5 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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Warranty Replacement. Patriot Mobile does not manufacture devices and does not provide a device warranty. Before purchasing any device, we recommend understanding what warranty coverage (if any) applies from the manufacturer. We also recommend purchasing supplemental insurance for damage and loss. Patriot Mobile may periodically offer certified pre-owned or ‘open box’ devices with a limited warranty (“Patriot Care”). Contact Patriot Mobile for more details. Patriot Care is not sold in the following states: California, Florida, and Washington. Charges You are required to pay, by the due date indicated on each invoice, all charges for Services provided for the Number for each device or other equipment that our records show you activated, regardless of who uses or has possession of the device or other equipment during the provision of Services. Examples of these charges include: • recurring monthly Service charges, • usage charges (voice, text, data, and domestic and international), • connection fees, • miscellaneous charges, • optional features you select at an extra cost, and • taxes and other surcharges. Charges for a call placed to or from your Number begin when you press SEND (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or a similar key). Charges for voice Services are incurred in one-minute increments, and partial minutes of use are rounded up to the next highest minute. Data and MMS/SMS usage is measured in bytes, kilobytes, megabytes, and gigabytes. Bytes are rounded up to the next highest 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 at intermittent collection points during a Data Session. Depending on your Data Service, 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. When you are charged a fixed price per KB, fractional cents will be rounded up to the next cent. Billing Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Unless we state otherwise in your Service Plan, monthly Plan Charges are invoiced one billing cycle in advance. Nevertheless, we may invoice you for usage and charges occurring before the current billing cycle if we did not previously invoice you for them. If we invoice you for usage incurred during a prior billing cycle, those minutes will be applied to your Service Plan minutes for the current billing cycle. However, if you have changed your Service Plan between the time the usage was incurred and the beginning of the current billing cycle, we will charge those minutes from the prior billing cycle at the applicable per minute rate set out in the Service Plan in effect at the time the usage was incurred. Payments Your payments will be due on the “DUE DATE” reflected on your monthly billing and processed through AutoPay that will be set up upon becoming a Patriot Mobile member. If payments are not received on time, a late fee equal to 1.5% per month (18% per annum) on the unpaid balance may be added to your amount due, if allowed by law in the state of your billing address. You may have to pay a $30 fee to reactivate Service if your Service is terminated, or a $15 fee to reconnect Service if it is interrupted for non–payment or suspended for any reason. Patriot Mobile’s acceptance of late or partial payments does not waive any of our rights to insist upon payment of the full amount due. You will also be charged a fee for each and any check or other instrument (including credit card charge-backs) returned unpaid for any reason (subject to applicable law and except as may otherwise have been expressly agreed in writing). If you fail to pay on time and Patriot Mobile refers your account(s) to a third party for collection, a collection fee will be assessed and due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18% per annum. Subject to, and insofar as not contrary to applicable law, we will not be responsible or liable for any negative or adverse consequences that may arise as a result of our reporting your Account or payment information or history to any third-party credit reporting or collections agency. AutoPay Enrollment in AutoPay is required to initiate Service with Patriot Mobile and must be maintained as a condition to use of the Service. By enrolling in an automatic credit card billing, automatic payment, or electronic funds transfer plan, you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt. You certify you are the owner of the payment method, authorize Patriot Mobile to store this information, and authorize Patriot Mobile to automatically charge the amount of your monthly bill(s) each month on the date indicated on your monthly bill, and to charge any amounts outstanding if you cancel Service. You agree to provide Patriot Mobile with updated credit or debit card or bank account information when needed by calling Member Services at (000) 000-0000 or updating such information in your Account online. You acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we will update our files with this information and continue to charge your card. You agree that we are not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge or place holds on your credit or debit card or to transfer funds. When payment is made by credit or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit or debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may charge you an additional fee. Advance Payments/Deposits We may refuse to provide Services or require an advance payment, a nonrefundable payment, a deposit, or other form of credit requirement if we determine that you may be a credit risk due to (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection, or restoration of Service; or (4) fraudulent or abusive use of any Services within the last five years. We may also require you to make an advance payment and/or a deposit to either (1) benefit from a device promotion, or (2) enter into a device installment plan. We will not pay interest on advance payments or deposits unless required by law. We may, however, require special payment terms, such as additional advance payments or deposits, if we determine that the initial payment was inadequate. We may establish limits and restrict Services or features as we deem appropriate appropriate, and we may immediately interrupt or suspend Services until your balance is brought below the limit we set for you. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Patriot Mobile of satisfactory payment history or as required by law, Patriot Mobile may begin refunding deposits through bill credits or cash payments or as otherwise determined solely by Patriot Mobile. Advance payments or deposits to enter into a device installment plan will not be returned unless you exercise one of your 14-day Trial Period Rights. These payments will be applied toward the device’s price and used to reduce your monthly installment. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies. Device Activation Fee We may require you to pay a non-refundable fee when you (1) activate your Number with Patriot Mobile, (2) change the number on your existing device, or (3) activate an additional device on your existing account with a new Number. More information about applicable fees is set out in your Service Plan or can be obtained by calling Member Services at (000) 000-0000. Miscellaneous Charges FCC Universal Service Fee (“USF Fee”): The USF Fee applies to all members and is calculated as a percentage of the interstate and international charges of the member’s current bill. It is based on the percentage assessed by the Federal Communications Commission (“FCC”) on mobile carriers for the support of universal service. The USF Fee will change to match any modification made by the FCC to its charge to Patriot Mobile.

Appears in 1 contract

Samples: Terms and Conditions

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