TERMS AND CONDITIONS:
By registering and using your Telgo SIm card , you will be bound to the following with regard to your use of the Telgo phone service:
1) The Terms of Service, including the binding arbitration clause
2) The "Plan Terms" and other information regarding your Rate Plan contained on the Rate Plan page
3) The terms and conditions and other information regarding features provided on the page where you selected your features. Printed materials containing much of this information will also be provided to you. Go to wireless.att.com/learn/popups/return-policy-popup.jsp for information about the 30 day return policy.
PHONE TERMS OF SERVICE: “TELGO” or “we,” “us” or “our” refers to TELGO INC., acting on behalf of its FCC-licensed affiliates and/or service providers. “You” or “your” refers to the person or entity that is the customer of record and/or purchases or uses the Equipment or Device (as defined below). This Phone Terms of Service is an agreement between TELGO and you (“Agreement.”) PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING OUR USE OF YOUR LOCATION INFORMATION . THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
CHARGES: You are responsible for paying all charges for or resulting from services provided under this Agreement. Charges may include, without limitation: airtime, roamer, recurring monthly service, activation, administrative, returned-check and late payment charges; network and other surcharges; optional feature charges; toll, collect call and directory assistance charges; any other charges or calls charged to your phone number; and applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon TELGO. TELGO may add its own charges to those charged by third parties. Payment for all charges is made in advance and there is no proration of such charges. You agree to pay for incoming and outgoing calls to and from your phone.
If you select a rate plan or additional features that include a predetermined allotment of services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically provided as part of such rate plan or feature, any unused allotment of services from one purchased period will not carry over to any next purchase period.
NORMAL USE: TELGO unlimited calling services are solely for normal personal use. These services are limited to the personal use of the unlimited service buyer. Under Globe's Fair Use Policy, normal use shall not exceed 650 minutes of Airtime, 500 SMS messages and 500mb of Data Transport per 24-hour period. Our unlimited services are designed only for continuous live conversation between two individuals and personal use of Data Transport. Unusual calling patterns, excessive called numbers, excessive Data Transport and/or consistent excessive usage will each be considered an indicator that usage is exceeding normal standards. Unlimited calling are based on normal use by single user individuals. Several factors are used to determine abnormal use, including but not limited to: the number of unique numbers called, calls forwarded, minutes used and other factors. Our service may not be used for auto-dialing, continuous call forwarding, excessive conferencing, inbound/outbound centralized call center activity, all types of telemarketing, fax or voicemail blasting, or for continuous chat line access, or as an open telephone line as a monitor, intercom or transcription service. guarantee cannot guarentee all hardware compatability. An unlocked GSM phone is required, but not gurenteed to work with our long distance service.
LAWFUL AND APPROPRIATE PURPOSES: Unlimited voice services may not be used for multi-party calling (separate calls initiated by user, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialogue between two individuals. Our service and related devices may not be used in any way that is illegal, fraudulent, improper or inappropriate. It is prohibited to use any automated means to manipulate our service, use our service to violate any law, rule, or regulation, violate any third party's intellectual property or personal rights or exceed permitted access to our service.
DISPUTES: WITHIN 100 DAYS OF THE DATE OF ANY EVENT GIVING RISE TO A DISPUTE, YOU MUST NOTIFY US IN WRITING AT TELGO BILL DISPUTE, 1025 LENOX PARK BLVD., ATLANTA, GA 30319 (“TELGO’S ADDRESS”) OF SUCH DISPUTE, INCLUDING A DISPUTE OVER ANY CHARGES AND ANY SERVICE WE PROVIDED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE.
LOCATION-BASED SERVICES: TELGO collects information about the approximate location of your Device in relation to our cell towers and the Global Positioning System (GPS). We use that information, as well as other usage and performance information also obtained from our network and your Device, to provide you with wireless voice and data services, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is your responsibility to notify users on your account that we may collect and use location information from Devices.
DISHONORED CHECKS AND OTHER INSTRUMENTS: We will charge you up to $30 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason.
CHANGES TO TERMS AND RATES: We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as TELGO determines to be most practicable, including playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, or by such other means as TELGO may determine. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, AS SUCH PRICES ARE SET FORTH IN YOUR RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
TERMINATION: Either party may terminate this Agreement (which will terminate the provision of the Service) at any time on advance notice to the other party. Funds deposited into your account via any method will not be refunded. TELGO may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our service. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices or Equipment. TELGO reserves the right to view a customer's usage if usage is beyond normal standards stated above, impermissible or detrimental to our operations or our other customers' ability to optimize our network. TELGO reserves the right to cancel or deactivate service, without notice, in order to protect the network from harm due to any cause including, without limitation, the excessive and/or improper use of service. TELGO reserves the right to limit network usage and to deny or terminate our service, without notice, to anyone TELGO believes is using the unlimited service in any manner prohibited above or whose usage, in TELGO’s sole opinion, adversely impacts the TELGO network or service levels. TELGO will presume users are engaging in a prohibited use in violation of these terms and conditions if in TELGO’s sole opinion, users are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if usage is harmful or disruptive to the network or services. To prevent or minimize network congestion, TELGO may limit the maximum length per call to 60 minutes. TELGO may discontinue providing service to users, discontinue users service, or discontinue providing connections to particular telephone numbers or types of services used or called by users, that, in the sole judgment of TELGO appear likely to generate abnormally high call volumes and/or abnormally long average call lengths or usage as compared to the usage of other customers and may be harmful, disruptive, or interfere with the network or the ability to provide service to other customers.
LIMITATION OF LIABILITY: Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. TELGO is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. TELGO is not responsible for loss or disclosure of any sensitive information you transmit. TELGO's wireless services are not equivalent to wireline Internet. TELGO is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. TELGO MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL TELGO BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
(a) act or omission of a third party;
(b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
(c) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
(d) claims against you by third parties;
(e) damage or injury caused by a suspension or termination of Services or Software by TELGO; or
(f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period your Service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, TELGO isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through TELGO, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold TELGO and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by TELGO or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF TELGO, or any violation by you of this Agreement. This obligation shall survive termination of your Service with TELGO. TELGO is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON’T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ACCOUNT ACCESS: You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information. An account password will be assigned to you. In order to protect the security of your account, you should change this password as soon as possible after your account is activated. If you do not change your password, your account may not be secure.
VOICEMAIL SERVICE: Unless you subscribe to an Unlimited Voice Plan, airtime charges apply to calls to your voicemail service, including calls where the caller does not leave a message, because the call has been completed, calls to listen to, send, reply to, or forward messages, or to perform other activities with your voicemail service, including calls forwarded from other phones to your voicemail service. You are solely responsible for establishing and maintaining security passwords to protect against unauthorized use of your voicemail service. For information as to the number of voicemail messages you can store, when voicemail messages will be deleted, and other voicemail features, see att.com/wirelessvoicemail. We reserve the right to change the number of voicemails you can store, the length you can store voicemail messages, when we delete voicemail messages, and other voicemail features without notice. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.DISPUTE RESOLUTION BY BINDING ARBITRATION: Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1(855) MYTELGO. In the unlikely event that TELGO's customer service department is unable to resolve a complaint you may have to your satisfaction (or if TELGO has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited view by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, TELGO will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from TELGO to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), TELGO will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what TELGO has offered you to settle the dispute.
For tips on how to protect against fraud, please visit the CPUC’s website at, www.CalPhoneInfo.com