Affinity Cellular Terms & Conditions
This is an agreement ("Agreement") between you, the "Customer," and Affinity Cellular, Incorporated (hereinafter identified as "Affinity Cellular," "we" or "us") for cellular radio telecommunications service ("Service"). This Agreement is binding when Service is activated to your specific telephone number(s) (each, a "Number"). The term "Unit" means the cellular receiving and transmitting equipment that is programmed with the Number.
By using our services you accept all terms of this agreement. This agreement requires the use of Arbitration on an individual basis for all dispute resolution, rather than jury trials or class actions. Remedies are limited in the event of a dispute.
- Term / Termination:
- You may cancel this agreement at any time for any reason. If you do require a cancellation, you must do this by contacting customer service directly by calling 611 from your Affinity Cellular phone, or by calling 833.679.1090 from any phone. We may also cancel this agreement. If we do, we will attempt to notify you in advance. Even though the account is canceled you are liable for all charges billed through the date of termination.
- If we fail to perform any of our obligations, you may terminate this Agreement upon notice. 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 we discover that you are under age, or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit.
- You remain responsible for payment of all charges incurred under this Agreement through the date of termination. If you fail to perform your obligations you will reimburse us for all expenses, including attorney fees, incurred in the enforcement of this Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided bylaw. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
- Free phones are offered for the sole purpose of using the device on the Affinity Cellular Network. If at anytime the account is not current or disconnected for any reason, the terms of the Free Phone Offer will no longer be in effect. The account holder will be responsible to return the device, unlocked with all included accessories at their expense. Failure to do so will result in a charge of $100 charged to the credit card on file. If for any reason the credit card does not process the account will be turned over to a collection agency for the purpose of collections at which time the account holder will incur any fees related to the collection of this debt. Handset must be returned in working condition.
- Modifying Your Account: If you would like to make changes to your Service, please contact an Affinity Cellular Representative. Some changes may be subject to limitations and/or additional charges. We may modify this Agreement, including the Service charges or terms and conditions, upon advance notice at any time by posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the revised Terms of Service. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. You must pay any additional charges from the date of the modification, even though you may have paid for the Service in advance. If you do not agree to modification, you may terminate this agreement by giving us written notice. If we discontinue or you are not eligible for a rate plan, we may change you to a different rate plan upon notice. You may not modify the Agreement.
- Coverage Limitations: Service is not available at all times in all places. Coverage maps are available at www.AffinityCellular.com and are subject to the additional limitations described there. There are gaps in coverage within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. You accept Affinity Cellular's service with these limitations.
- Equipment: Your Equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules, and regulations. We may periodically program your Equipment remotely with system settings for roaming service and other features that cannot be changed manually. Equipment purchased for use on our network may not function on other networks.
- Advance Payments and/or Deposits: We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict service or features or require you to pay your balance through auto pay. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. 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.
- Billing and Payment of Charges:
- You are responsible for paying all charges for or resulting from services provided under this Agreement. You will receive monthly bills via email that are due in full as shown thereon. Charges include, without limitation, airtime, recurring monthly service, activation, administrative, and late-payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges, any other charges or calls billed to your phone number; and applicable taxes and governmental fees, whether assessed directly upon you or upon Affinity Cellular. To determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your residential or business street address. You agree we may add our own charges for processing third-party charges. Any taxes, costs, or charges imposed on us as a result of providing the Service or the Unit will be added to your charges.
- You agree to pay for incoming and outgoing calls, text and data services sent to and from your Equipment. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") ARE BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. AFFINITY CELLULAR CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL TEXT MESSAGES ARE CHARGED AS ONE UNIT INCOMING AND OUTGOING CHARACTERS ARE LIMITED TO 160 PER MESSAGE. YOU ARE CHARGED FOR EACH MESSAGE DELIVERED IN MULTIPLE PARTS. DATA TRANSPORT IS BILLED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AFFINITY CELLULAR CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RE-SEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone's signal of call disconnect is received by our facilities and the call disconnectsignal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one-minute airtime charge. Answer supervision is received generally when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voice mail deposits and retrievals, and call transfers. If your wireless phone or other device ("Equipment") is lost or stolen, you will be responsible for all charges incurred on your phone number until you terminate service with us. After you terminate service, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your pro-rated monthly service fee. We may require payment by money order, cashier's check or a similarly secure form of payment at our discretion. Affinity Cellular has established usage thresholds under the Fair Use Policy. Under this policy, Affinity Cellular has reviewed the monthly usage by service plan and established usage thresholds of 5000 minutes for voice and 5000 texts. On our Unlimited Data plan, the fair use threshold is 35GB of data. If this amount is exceeded, it will result in throttling of data. Usage that exceeds the monthly usage will be considered a violation of this Fair Use Policy and subject to overage charges.
- Recurring monthly fees and non-recurring Service charges will be billed as soon as possible. Billing cycle end dates may change from time to time. If you have authorized charges to a credit card, no additional notice or consent will be required before billings to that credit card. Affinity Cellular is hereby authorized to charge the provided credit card for any charges or expenses incurred pursuant to this agreement, including late charges. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice. Disputes of charges must be in writing and received no later than the due date to: Affinity Cellular, 4245 Kemp Boulevard, Suite 120, Wichita Falls, TX 76308 or in writing to www.AffinityCellular.com. We will make good-faith efforts to resolve disputes promptly. You agree that (1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our damages if you fail to pay promptly; (3) if you do not pay all charges by the due date, unless prohibited by law, you shall pay us a minimum late fee of Ten Dollars ($10) per month of any balance due, payable for every month such amount remains unpaid; and (4) if your account is sent to a collection agency due to an unpaid balance, unless prohibited by law, you shall be assessed an additional $25 collection fee. Acceptance of late or partial payments (even if marked "Paid in Full") will not waive our rights thereunder. We will assess a Twenty-Five Dollar ($25) fee for any check returned for insufficient funds or credit/debit card chargeback for a transaction that you had authorized. Any remaining funds in excess of Twenty Five ($25) will be returned to you at your last-known address within 90 days after termination. If the postal service returns the funds to us as undeliverable, they will become our property.
- When establishing a "manual bill" account you will be required to make a deposit equal to two months service, this deposit may be used to offset and unpaid balance on your account. Unless required by law interest will not be paid on deposits or advance payments.
- Service Limitations; Limitation of Liability: 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, network or 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) or certain websites in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service 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. AFFINITY CELLULAR MAKES NO WARRANTY- EXPRESS OR IMPLIED -OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AFFINITY CELLULAR 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 service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused by a suspension or termination of service by Affinity Cellular; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE UNIT OR PROVIDER OF THE SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY. 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 the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from clauses, Affinity Cellular shall not be 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, service or Equipment provided by or through Affinity Cellular, 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 Affinity Cellular 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 Affinity Cellular 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 AFFINITY CELLULAR, or any violation by you of this Agreement. This obligation shall survive termination of your service with Affinity Cellular. Affinity Cellular is not liable to you for changes in operation, equipment, or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT 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.
- Availability: Service is available to your Unit only when the Unit is within the operating range of our cellular systems. Service may be subject to transmission limitations beyond the systems control and may be temporarily interrupted. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions, or network modifications by the underlying carrier that may render devices or services obsolete.
- The Number: You have no ownership rights to the Number. We may change your Number assignment by giving you notice of the change. You may not assign the Number or the Unit's Electronic Serial Number ("ESN") to any other Unit. You may not program any other Number into the Unit. These acts are considered fraud and will result in immediate termination.
- Return Policy: 100% Satisfaction money back guarantee is void after 30 days from time of purchase or 30 minutes of talk time use collectively incoming and outgoing or 30 text messages collectively incoming and outgoing or 30 MB of data, whichever comes first. If a return is processed in accordance with prior to the aforementioned day/talk time/text/data limitations the following monies will be refunded: activation fee, cost of handset, prorated cost of plan. The cost of any additional services are not refundable.
- Lifetime Warranty: under the terms of the lifetime warranty if a handset fails to continue to work properly, a replacement phone will be provided as long as the cause of the defect was through normal use. Defects caused from non-normal use such as physical, cosmetic, water etc. will not be covered under the lifetime warranty policy. Replacement handsets may have slight physical imperfections. Customer will be responsible for activation fee, deductible (some phone models) and shipping and handling. Please contact customer support for current rates for each handset, as well as any upgrade promotions that may be available.
- Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed.
- You consent to our use of automated telephone equipment to contact your landline or cellular telephone for any business purpose.
- Notices: Written notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your Number. Oral notices shall be effective on the date reflected in our customer service system.
- Credit Reporting Authorization: You authorize Affinity Cellular to: (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Affinity Cellular's offering of wireless and other services. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, Affinity Cellular may report your failure to a credit reporting agency.
- Arbitration (Please read this carefully): It affects your rights. Affinity Cellular and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for Equipment or services between Affinity Cellular and you. Notwithstanding the foregoing, Affinity Cellular may bring an individual action in small claims court to collect an outstanding bill. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate ("Notice"). The Notice to Affinity Cellular should be addressed to: Affinity Cellular, Incorporated, Attn: Customer Service, 182 Fairchild Ave, Plainview, NY 11803 ("Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Affinity Cellular may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the rules promulgated by Arbitrationas modified by this Agreement. You agree that, by entering into this Agreement, you and Affinity Cellular are waiving the right to a trial by jury . Unless Affinity Cellular and you agree otherwise, all hearings conducted as part of the arbitration shall take place in the county of Nassau, state of New York. The arbitrator may award 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 AFFINITY CELLULAR agree that YOU AND AFFINITY CELLULAR MAY BRING CLAIMS AGAINST THE OTHER PARTY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. Notwithstanding any provision in this Agreement to the contrary, we agree that if Affinity Cellular makes any change to this arbitration provision (other than a change to the Arbitration Notice Address) during your Service Commitment, you may reject any such change and require Affinity Cellular to adhere to the language in this provision.
- Separability: If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
- Authority: You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
- Miscellaneous: This Agreement, the rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described herein that are posted on applicable Affinity Cellular websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and Affinity Cellular, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Affinity Cellular may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of New York shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. 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.
- Free Device Deposit: Your deposit on your Free Device in the amount of $14.99 for Free Flip Phone and $19.99 for Free Smartphone will be credited to your Affinity Cellular account after making your 6th monthly service payment. If for any reason you cancel your account prior to you making your sixth month’s service payment, the deposit will be refunded upon Affinity Cellular receiving the Free Device, in like condition as when it was sent with all accessories. If there are any past due amounts on an Affinity Cellular account at time of cancellation, these amounts will be deducted from the deposit amount. If a Free device is not returned the deposit will be forfeited. Refunds of deposits on canceled accounts prior to six months that have met the above conditions will be credited to the credit card on file at time of purchase.
Affinity Cellular will use text messaging to keep in touch with you for things like:
- Welcome Notice
- Balance Alerts
- Activation Status
- Product Offers
When you sign up for Affinity Cellular services you are asked to OPT IN to receive these messages. These messages are free. You can also choose to not receive these messages.
If you choose to opt in for these messages, message frequency will be based on plan usage. We will alert you when you are reaching certain plan thresholds.
At any time, you may STOP receiving Affinity Cellular Usage Alerts. Text STOP to 2561 to any message received to discontinue receiving that message. You can also call 833.679.1090 to OPT OUT of all Affinity Cellular wireless messaging or contact us via email.
To receive SMS HELP text HELP to 2561 or dial 611 on your phone, or from another phone call 833.679.1090. You can also contact us via email
The Usage Alert campaign is supported on a nationwide network.
4245 Kemp Boulevard,
Wichita Falls, TX 76308