Twigby Policies & Terms
Welcome to Twigby. We are pleased to be your wireless service provider. We reserve the right to change or modify these policies and terms at any time, effective immediately when posted to Twigby's website: www.Twigby.com. Please check our website from time to time as these policies and terms may have changed.
This Agreement is entered into by Twigby (“us” or “we”) and you (or “customer”). This Agreement includes the terms and conditions of your wireless service including, but not limited to, equipment purchased from the Twigby Store or any device brought to Twigby through the ‘Bring Your Own Device’ program (“device”), accessories, and your use of Twigby’s mobile Services (“Service”), features and terms related to the minutes, texts, and data you use. As a condition of service, we reserve the right to communicate billing updates and critical services via SMS text messages sent to your device and your email address associated with your account. Please read this Agreement carefully.
1. EFFECTIVE DATE OF YOUR AGREEMENT
Your Agreement starts when you accept. You accept when you do one or more of the following things: (a) create an account on our website at www.twigby.com (“website”); (b) give us your written or electronic signature; (c) tell us orally or electronically that you accept; (d) activate a Service on a device; (e) use your device or any of the features within your Service Plan; (f) open a package that says you are accepting by opening it; or (g) use your Service after making a change or addition to the account.
2. YOUR SERVICE PLAN BECOMES PART OF THESE TERMS AND CONDITIONS
You acknowledge by accepting this Agreement that you have seen, you have the opportunity to print, and you fully understand Twigby’s Service Plan and the costs associated with the Plan. Your Service Plan and published costs are part of this Agreement.
You will be billed for Service for each device that is active on your account for all or part of your billing period. If you deactivate (“cancel”, “disconnect” or “terminate”) and reactivate (“restart”) the same device multiple times within a given billing period, your account may be charged multiple monthly fees for that one device.
Twigby Service Plans may refer to Units, where one (1) megabyte of data, or one (1) text message, or one (1) minute of voice usage are all equal to one (1) Unit. Please refer to our website or the appropriate section within this Agreement for more details.
The time of a call will be determined based on the location of the network equipment providing service for a call, and not the location of your device or your device’s area code. Twigby Service Plans may refer to call minutes as Call Units for both inbound and outbound calls and are measured from call initiation to termination, which is defined as pressing the “send” key to initiate the call, and the “end” key to terminate a call. Calls are billed in one-minute increments (“Units”), with a minimum time per call of one minute (“Unit”). Call times are rounded up to the nearest whole Unit. Call Units allow you to call anyone within the United States from anywhere in the United States where our services are available. Calls made from within the United States to another country, or calls made while outside of the United States are not permitted. Visit our website for our Service Plans. An additional fee may be charged for each call to directory assistance, in addition to the standard Call Units used. Visit our website for Directory Assistance calling rates. We will not directly complete any calls to 1-900, 1-976, or other pay-per-call services.
TEXT AND PICTURE MESSAGING
Text and picture messages all use one (1) Text Unit when a message is sent or received, regardless of whether it is read or viewed. Any attached media file to a picture or video message will also be charged the applicable Data allowances. By selecting or receiving our unlimited text feature, you can send and receive unlimited text messages without the Text Units counting toward your Service Plan. However, with this feature, picture and video messaging will deduct from your data allowance. Text and picture messages sent to or from a location outside of the United States are not permitted. Visit our website for more details.
A deduction from your data allowance occurs whenever data is sent or received, regardless of the reason. Data usage is rounded to the nearest kilobyte. For plans that data is measured in units - One (1) Data Unit is equal to one (1) megabyte of data. Visit our website for current data usage rates.
We may charge additional fees for specialized requests or services related to your account. We always keep copies of our pricing information on our website.
3. DUTIES OF TWIGBY
We provide mobile telecommunications services using the Nationwide Sprint® Network for use exclusively with devices purchased from us or devices activated by us as part of the 'Bring Your Own Device' program. We cannot guarantee that a device not provided by Twigby or a Twigby Device that has been modified by you or a third party will be compatible with the Nationwide Sprint® Network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Service you have purchased. If you alter or modify your device in a way not authorized or recommended by the manufacturer of your device, you may lose functionality and you may be required to purchase a new device to restore Service.
Because your Sprint® device is no longer active on a Sprint® retail account, many of the device features will no longer work, and Twigby, who is responsible for your Service, will not support them. These include, but are not limited to, Sprint® Zone, Sprint® Family Locator, TeleNav GPS, Sprint® Radio, Sprint® Music, Sprint® TV, Sprint® Mobile Sync, Sprint® Powerdeck, Sprint® MY Account, Sprint® Mobile Wallet, Picture Mail and Multimedia Services.
Twigby or its partners may restrict calling to or from certain destinations, regions, class of devices, or other terminal categories based on fraud, economics, or other business reasons determined at the sole discretion of Twigby.
Our Service is only available in geographic areas covered by the digital Service network footprint of the Nationwide Sprint® Network. Local phone numbers may not be available in certain markets.
Wireless services use radio transmissions, and coverage is not available everywhere. Quality of Service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your device. We do not warrant or guarantee that Service will be available at any specific time or geographic location, or that Service will be provided without interruption. Any statements or maps provided by us or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our Service outdoors under optimal conditions, and do not mean that Service will be available under all circumstances, at all times, or without interruption. Our wireless coverage and signal strength 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, may result in Service interruptions, slower data speeds, and lower quality of Service, or possibly nonexistent Service. You should never rely solely on your device for emergency calls, including to 911.
4. OUR RIGHTS TO MAKE CHANGES
Your Service is subject to our business policies, practices, and procedures, which may need to change without notice. Policies, such as our Pricing and Privacy Policies, may be found at www.Twigby.com. Unless otherwise prohibited by law, we can change prices and any other component of this Agreement at any time by notifying you in advance by text message or email; however, we are not responsible if you choose to disregard or not read the notification. If you do not cancel your Service within 30 days of the notice, you agree to accept any changes. We reserve the right to modify or cancel your Service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of this Agreement.
5. PROVISION AND MAINTENANCE OF DEVICES
You are responsible for the activation, operation and maintenance of your device. You must provide and maintain the device in compliance with applicable Federal Communications Commission rules and regulations. The operating characteristics of the device shall be such as not to interfere with the Services offered by us to any of our customers or harm the network. We will not be held liable for loss of any stored or downloaded data on your device. You are responsible for repairing or replacing any device that is damaged or destroyed. We do not manufacture equipment or software, and your only warranties and representations with respect to equipment or software are those provided by the manufacturer.
6. NO WARRANTIES ON OUR BEHALF
You agree that neither we nor our vendors, suppliers, licensors, or affiliates are responsible for any damages resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) Data Content or information accessed while using our Services; (d) an interruption or failure in accessing or attempting to access emergency services from a device, including through 911, Enhanced 911, or otherwise; (e) interrupted, failed, or inaccurate location information services; (f) information or communication that is blocked by a spam filter; (g) 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 our 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 (h) 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 back-up your information stored on each. To the extent allowed by law, we make no warranties regarding equipment or services, beyond what is contained in this Agreement, and we make no warranties of merchantability or fitness for a particular purpose. Our liability for monetary damages for any claims 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, punitive 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 business, or cost of replacement products and services.
7. ACCESS NUMBERS
You shall not have any proprietary right in the Access Number(s) provided by us and we reserve the right to assign, designate or change such Access Number(s) when, in our sole discretion, such assignment designation or change is reasonable or necessary in the conduct of our business. A charge may be incurred for any request you make to us to change your access number. You shall not retain the Access Number(s) provided by us for use with services provided by any other wireless provider unless you submit a Port Request and said Port Request is in accordance to all porting terms and conditions set forth by the Federal Communications Commission, including but not limited to, compliance with regulated rate centers. Any Port Request from you that meets the requirements set by the Federal Communications Commission shall entitle you to retain the Access Number(s) provided by us for use with a wireless provider authorized and approved by us. You will be responsible for all agreement terms and conditions for any changes in Service and for any applicable early termination fees associated with any or all numbers ported to another wireless provider.
8. ACCEPTABLE USE OF SERVICE
Twigby reserves the right to review the use of Service at any time to ensure you are not using Service in violation of our definition of “Acceptable Use”. Twigby defines Acceptable Use as adherence to all policies, terms and conditions as outlined in this Agreement.
Twigby utilizes the Nationwide Sprint® Network as the “network” and requires that your physical service address be within the area covered by the network. Twigby reserves the right to restrict usage outside of the network. You can view the Nationwide Sprint® Network by visiting our website.
HIGH OR EXCESSIVE USE
Twigby identifies “high” or “excessive use” to be any amount that exceeds twice the average of all other Twigby customers that are on the same or similar plan as defined in our sole discretion. Twigby considers high or excessive use to be in violation of acceptable use. You agree to never use Service in a manner that Twigby considers, at our sole discretion, to be “unreasonable”, “fraudulent” or “abusive” and therefore understand Service is subject to immediate suspension, blocking or termination if, among other things, you:
- uses a substantial percentage of minutes as roaming on another network;
- utilizes call forwarding services for commercial purposes;
- any attempts to mask the originating number of a call or calls to any recipients or to cause to appear to be from a phone number other than true originating dialing device and number;
- resell, rebrand, resupply, remarket or exploit Service;
- engage in any type of chat or party line service;
- use Service in coordination with any type of call, text or data routing service;
- engage or are affiliated with any conduct that Twigby determines to be fraudulent or any activity that results in any level of network congestion or degradation of Service;
- are involved in any activity that interferes with our operations, reputation or ability to provide Service to customers or jeopardizes the integrity of Twigby systems or of a supplier’s network;
- engage in any activity that Twigby determines to be inconsistent with reasonable personal use patterns;
- engage in autodialing or continuous, repetitive call forwarding;
- engage in any activity that requires continuous or dedicated call or data session connectivity that results in high or excessive use;
- engage in any type of telemarketing (inbound or outbound);
- use Service for automated text or picture messaging to another recipient, mobile or otherwise;
- upload, download or stream continuous audio or video;
- engage in activity that is considered “spam” or any other abusive or unsolicited communications or activity for commercial marketing purposes;
- use Service in connection with server devices or host computer applications, including continuous Web camera posts, broadcasts, automatic data feeds, automated machine-to-machine connection, voice or SMS relay or peer-to-peer file sharing;
- use Service in connection with software or other devices that maintain continuously active Internet connections such as telemetry devices, data acquisition devices, supervisory control devices or Web broadcasting devices.
LAWFUL USE ONLY
You may use Service for lawful, proper and appropriate purposes. You may not use our Service or a Device in any way that is illegal, improper or not appropriate as determined by Twigby, in its sole discretion. Some examples of illegal, improper or inappropriate use include, but are not limited to:
- Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment.
- Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
- Use of the Service for: auto-dialing; continuous, repetitive or extensive call forwarding; telemarketing (including charitable or political solicitation or polling); or fax or voicemail broadcasting or blasting.
- Use of the Service to: impersonate another person; send bulk unsolicited messages; or use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.
- Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.
- Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
- Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Twigby or its network supplier’s network or systems.
- Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.
We may monitor the use of Service for violations of this Agreement. We may, without notice or liability, remove or block all communications if we suspect a violation of this Agreement or any other terms, policies or guidelines that we think is necessary in order to protect our business, network or any supplier, affiliate, director, officer, agent or employee from harm – physical, emotional, financial or otherwise.
INFORMATION TO AUTHORITIES AND THIRD PARTIES
If we believe that you have used Service for an unlawful purpose, we may forward any information that we find relevant and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect Twigby’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Twigby customers or third parties from imminent harm.
THEFT OF SERVICE
You may not use or obtain our Service in any manner that avoids or does not adhere to this Agreement or any other Twigby policy or procedure. You are liable for all use of our Service. If you believe your Service is or has been stolen, fraudulently used, otherwise being used in an unauthorized manner, you are required to login to your account on our website and suspend Service. If you decide to cancel Service that has been stolen, you will be required to submit the request to a Twigby representative using our live chat service. You will be required to provide information to verify your identity and your account prior to the request being processed. If you fail to notify us of theft, fraudulent or unauthorized use of Service using our live chat service, we may cancel your Service and levy additional charges.
You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our devices, software, and any underlying information accessed or transferred by you using our 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 our devices or software to any foreign country. Any information transferred by you using our Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
USE OF APPLICATIONS
Not all applications will work on all devices, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications.
Some content you attempt to access on your device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the terms of this Agreement, you should store photographs and other information permanently by using another means. Downloaded or created content on your device may expire or be deleted unless you otherwise arrange for its retention and/or preservation. You are responsible for the content you access on your device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your device with minors.
SAFETY AND SECURITY
We are not responsible for the content or security of voicemail, messages, or contact lists you create.Use your device 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 device to send text messages. Always use your device in accordance with all applicable laws and regulations.
9. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Twigby respects the intellectual property of others and we ask you to do the same. Twigby will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Twigby will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Twigby the following information. Please be advised that to be effective, the Notification must include ALL of the following:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address and all other information reasonable sufficient to permit Twigby to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices Should Be Directed To:
STX Group, LLC
1418 Kensington Square Court Bldg A
Murfreesboro, TN 37130
10. YOUR BILL
Your bill (“Statement”) is a record of the charges incurred for the most recent billing period. If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. You can contact us using the methods indicated on our website. If you do not notify us within five (5) business days of the charge, you waive any right to dispute the charge, including arbitration or a court proceeding. If you notify us within five (5) business days and we determine that the disputed charge was inappropriate, we will credit, refund, or provide other compensation to you. If we credit, refund, or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings for any reason.
THIRD PARTY CHARGES
We are not responsible or liable for any charges, fees, or other monies due relating to the use of applications (“Apps”), products, or services that came preloaded or were downloaded at a later date to your device with or without your knowledge. Twigby is not responsible or liable for any negative result that may stem from the usage of any Apps, products, or services produced by a third party, regardless of how it was provided, presented, or made available to you. You must contact the third party directly with any issue.
Payments are automatically collected from the primary payment method on file. If your primary method of payment fails and/or your account is past due, all payment methods on file may be used to satisfy the past due amount.
Twigby offers a full refund, excluding overage charges and shipping costs, when cancellation is processed within the first 30 days of service following activation except when any term of this Agreement is violated. Service refunds are not issued until all phones and SIM cards purchased in conjunction with the service are returned by following the policy for returns/exchanges/warranty as described in that section of our policies and terms.
Please note that if you need to utilize this refund and are porting your number to a new carrier, the port must be complete within the 30 days to receive the refund and to avoid being charged for a second month of Service. When a port is complete, Service associated with the phone number being ported is automatically cancelled. If a port is not complete and/or Service has not been cancelled prior to the first day of your next billing period, you are responsible for payment of those nonrefundable charges. It is recommended to request the port at least four (4) business days or more before the first day of your next billing period.
11. DISCONNECTION AND TERMINATION OF SERVICE
We reserve the right to suspend, block or cancel your Service and access to the website or any other website we operate, or to our Service at any time if we determine, in our sole discretion, that you have violated this Agreement, Terms of Service or any of our rules or policies, or for any other reason in our sole discretion. If we cancel your Service, your account will be deactivated, you will lose your phone number, and we will assess you a termination charge equal to the balance on your account, which is not refundable. You will be responsible for all charges and fees prior to the termination of Service as well as any usage that occurred prior to cancellation, but billed after the termination of Service.
ACCOUNT SUSPENSION FOR NON-PAYMENT
If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under this Agreement, and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our Service until payment is received. If payment is not received within 28 days from the original due date, Service will be moved from a state of temporary suspension to permanent cancellation and the phone number will be lost.
CREDIT CARD DISPUTE
If a dispute is filed with a financial institution that involves a payment for products or services provided by Twigby, we reserve the right to block, suspend or cancel Service until the issue is resolved and the disputed balance, along with any fees charged by Twigby, is paid in full. If a dispute claims or suggests that Twigby did not process a requested cancellation of Service, Twigby may interpret the filing as a request to immediately cancel Service and cease further charges from accruing to the account or any other account that is linked to the same credit or debit card. Twigby may also take actions to block the activation of new Service. Twigby may charge a fee of up to $30 for each credit card dispute filed by the customer. If details of the dispute suggest fraud or improper or incorrect charges, Twigby may act by suspending, blocking, cancelling or deactivating Service to protect its business operations. You will continue to be liable for the balance of the account, which is not refundable. In the event of a past due balance, repeated account suspensions or cancellations for non-payment, we may, without notice, use any method necessary to collect the balance due and require additional pre-payment of funds to continue using or start new Service.
LOST OR STOLEN DEVICE
If your device is lost or stolen, you are responsible for all charges stemming from the use of the device. You can suspend your device by logging into your account on our website and accessing ‘Line Settings’ in the ‘Account Settings’ menu. The option to suspend a phone number does not cancel or stop billing for services. You remain responsible for all monthly charges and fees incurred while a phone is suspended.
CUSTOMER REQUESTED CANCELLATION
If you wish to cancel your Service at any time, please contact our customer support department by utilizing our live chat service. When your Service is cancelled, a cancellation confirmation notice I sent to the email address on file for your account. You are responsible for all usage prior to cancellation.
We reserve the right to label or deem any account or pending order as Fraudulent or High Risk at the sole discretion of Twigby. The determination can be for any reason deemed proper by us and may include the profile, behavior, or history of a customer, potential customer, or an order. Further if a connection is made by Twigby between the order or account and other accounts with a deemed history of fraudulent or delinquent activity then the target customer or order can be likewise deemed high-risk. Once an account or order is deemed as possibly fraudulent, purchased with payment device that is likely fraudulent, or otherwise high-risk, Twigby reserves the right to cancel the service and/or any orders. This will result in the loss of a phone number and connectivity.
13. TAXES, FEES, AND SURCHARGES
You agree to pay all federal, state and local taxes, fees and other assessments that we are required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions will not be applied retroactively. You agree to pay all surcharges ("Surcharges") that may be imposed by Twigby to help defray costs imposed on us, which may include, but are not limited to: cost recovery for Federal Universal Service, various regulatory charges, Twigby administrative charges, gross receipts charges, certain taxes imposed on Twigby, and other charges for the costs we incur in complying with governmental programs as described or itemized on your bill. The number and type of Surcharges may vary depending upon the location of the billing address, and can change over time.
This Agreement may not be assigned or transferred by you. You may not use Service, in any manner, to provide a telephone, wireless communication or similar service to anyone else. We may, however, upon five (5) days written notice to you, assign all of our rights, duties and obligations hereunder to another organization or wireless service provider.
15. YOUR PRIVACY
We have a duty under federal law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our Services, together with similar information on your bills. However, this privacy does not include your name, address, and wireless phone number. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. We may use and share information about you (a) to provide our goods or services; (b) so others can provide goods or services to us on your behalf; (c) so we or any of our affiliates can communicate with you about goods or services related to the ones you already receive; and (d) in response to written subpoenas by authorized law enforcement requiring the release of any and/or all usage details to anyone other than you. You are the only person able to make changes and/or discuss your account(s) with us. You may need to provide to us in writing authorized individuals, such as family members or authorized business affiliates, who may obtain certain information regarding your account. We do not publish directories of our members' phone numbers and therefore, you will not receive a telephone directory from us. We do not provide or sell our members' phone numbers to third parties for listings in directories or for telemarketing purposes.
No failure on our part to exercise, and no delay in exercising any right, power, or remedy hereunder shall operate as a waiver hereof.
17. ENTIRE AGREEMENT
This Agreement, including your Service Plan, Policies on our website, and the published Rates and Charges, which are part of this Agreement, contain the sale and entire Agreement between you and us. This Agreement shall not be modified or amended, except by an instrument in writing signed by or on behalf of the parties hereto or as otherwise provided in this Agreement.
18. ARBITRATION/WAIVER OF CLASS ACTIONS
Most customer concerns or disputes can be resolved through our customer support representatives. However, if either of us has an issue which cannot be resolved without third-party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law, both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in Rutherford County, Tennessee. The waivers in this section continue in force and effect after the termination of this Agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party, then the case shall be transferred to arbitration.
Your acceptance of this Agreement or use of the service acknowledges that you have read, understood, and agree to be bound by the terms and conditions herein.
- Countries available are subject to change at any time without prior notice.
- Calls are restricted to 15 destinations phone numbers during your Twigby monthly billing period.
- The International Long Distance partner has right to limit excessive or inappropriate use.
- Expires thirty-one (31) days after Activation and/or Renewal of service plan and can only be utilized while Twigby Plan is in active status.
- Calls to Canada, China and Mexico are available while using the Sprint network. Excludes the Verizon network.
International Long Distance Consumer Agreement
As a Twigby subscriber, you may be allowed the use of international calling features to select countries under a Twigby plan. Twigby relies upon a third-party vendor to provide these services and that vendor has their own set of terms required for our subscribers to access those features. Below are those terms which dictate only use of International portion of Twigby’s offering. The below terms are written by that vendor for Twigby Subscribers.
This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to International Calling Services from Twigby that are a part of your calling plan with Twigby. By using the Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement, do not use the Services. The use of the international calling options provided by Twigby represents acceptance of these terms.
"Account" refers to usage within a billing cycle for a predetermined set of international destinations provided through Twigby.com which are associated with the Consumer’s phone number allowing Consumer to purchase and use the Service. "Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom) “Client” means SI Wireless, LLC or STX Group, LLC d.b.a. Twigby and its affiliates, distributors or retailers authorized to market and/or distribute the Service. “Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability. “Consumer”, "You" and "Your" means the end-user of the Service also the owner of the Account. "Website" is the website found at www.Twigby.com or such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service. You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by contacting Twigby customer service at www.Twigby.com. This Agreement incorporates by reference any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.
Charges and Payment Price, Feature and Rate Changes
Any changes associated with the Service will be effective from the time they are posted or available through the Website. The terms and conditions of the Service, including available destinations in conjunction with the use of the Service are subject to change at any time without prior notice. The Service offered through Twigby is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. Any user on an unlimited Twigby Voice service plan or other service plan should be aware that neither Twigby nor Elite Telecom will allow UNREASONABLE USE. Certain destinations may be limited to an advertised maximum number of minutes. Each Account will be allowed to call up to 15 unique destination numbers per cycle which expire the earlier of 31 days after last renewal by Twigby to ILD provider or the underlying Twigby plan terminates. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. You may contact Customer Service at the Website if You have any questions about the Service or available destinations associated with the Service.
Suspending/Canceling the Service
If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Twigby Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account or restrict international calling without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement.
The Service may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, 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. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service.
Elite Telecom and its Client are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the Consumer in the event the Consumer uses the Service for any unlawful purpose or any related cancellation of Service.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Client trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Client and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.
You agree that Elite Telecom or its authorized Clients shall not be responsible for any third party claims against Elite Telecom, Client and/or You that arise from Your use or attempted use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Client for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom’s or its authorized Clients responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Clients, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Clients, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to You.
Miscellaneous Emergency Calls
Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using them. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA.
No Third-Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You or Elite Telecom or Client will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Client (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You.
You may contact Us by mail at:
119 W. Tyler Street
Suite 100 Longview, TX 75601
You may contact Client by mail at:
STX Group, LLC
1418 Kensington Square Court
Murfreesboro, TN 37130
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.
Changes to the Agreement
We limit the information collected about you to only what is needed for conducting business and offering products and services that might be of interest to you. You may choose to provide individually identifiable information (such as name, address, telephone number or e-mail address) to Twigby in a number of ways through our website (by sending us an e-mail, applying for a job, etc.)
We do not collect individually identifiable information from you unless you provide it to us, nor do we sell the names and addresses of visitors to our site to unaffiliated suppliers without providing information on that disclosure where the individually identifiable information is collected.
We do collect, maintain and use customer information as necessary to provide the most helpful and targeted products and services to meet customers' needs (e.g. customer care or new products or services). We also honor customers' requests to remove their names from our telephone or mail solicitation lists, using reasonable efforts to delete the information from existing files. Please contact us to make such a request. When undertaking projects with other companies, we provide access to customer information with an understanding that our business partners will also treat the information with respect for privacy concerns.
Because we appreciate the trust you have placed in us, we continually look for ways to enhance that business relationship. So from time to time, we may let you know about a product or service. Using the information you have provided to us, we strive to limit our offers to those we think you would appreciate receiving. We want every contact you have with us to be a positive experience. So if you would prefer not to receive these value-added services, offers and opportunities, please contact us.
In addition to individually identifiable information, we may collect information automatically when a visitor enters the Twigby site, such as the domain name, browser, the type of computer operating system, information about the webpage from which the visitor linked to the site, and time spent on different pages within the site. We may use this information to evaluate and improve the site, and may share the information with business partners and others.
Children should consult with their parents or guardian before furnishing any data to us. We believe that parents should supervise their children's online activities, and may consider using one of a number of available parental control tools that provide a child-friendly online environment and can prevent children from disclosing individually identifiable information without parental consent, especially for children under the age of 13. If a child has provided individually identifiable information without the consent of a parent or guardian, that parent or guardian should contact us to request that the information be deleted from our records.
Twigby strives to form partnerships only with companies with an understanding that our business partners will treat our customers with respect with regard to privacy concerns. However, Twigby is not responsible for the content or privacy policies of other sites. You should keep this in mind when accessing sites through links on Twigby's website.
We will constantly strive to improve the services we may offer, and may update this privacy statement from time to time in connection with that effort. We reserve the right to expand our capabilities for information collection and use, and may change our policies along with this privacy statement at any time.
Information Collected on Twigby Website
When you browse the Twigby website, information is collected about your device and your visit.
We use this information for performance measurement purposes, including monitoring statistics such as how many people visit our websites, which pages people visit on our site, how much time is spent on each page, and which browsers are used to visit our sites.
Twigby and its third-party vendors also use information collected on Twigby's website to help us deliver more relevant marketing messages. These messages may be delivered on our websites or on non-Twigby websites. Certain Twigby third-party vendors may place and read cookies on our sites to help us deliver Twigby marketing messages on our sites and on non-Twigby sites. Clicking here will describe how you may opt-out of these advertising programs.
1. Broadband Internet Access Services Description.
Twigby provides broadband Internet access services to homes, businesses, and mobile devices using 2G, 3G, and 4G wireless technologies. The technologies, prices, and speeds we can offer for mobile or fixed wireless services will depend on where you are located in the partner network when you are using data service. To learn the details of the services we offer to your address for fixed – or “home” – Internet service as well as for mobile nationwide, see our website, at https://www.twigby.com/page/coverage. You can also send us a message or use “Chat” on our website. The prices and speeds for mobile wireless service will also depend on the plan you select and account settings. Available plans can be found here: https://www.twigby.com/page/howitworks. Note that all of our plans may limit your speed, per the selected rate plan, until you reach your high-speed data threshold. Full details on our services and limitations will be found in the Twigby Service Terms and Conditions governing your service, on our website here: https://www.twigby.com/page/policiesandterms
2. Limitations of Wireless Internet Services.
Wireless Internet access is provided on a best efforts basis. We will provide service at the speed capabilities of your plan and service technology, subject to limitations inherent in the service technology and other factors beyond our control. Factors affecting speed include: your distance from our cell tower or switching center, network congestion, atmospheric conditions such as rain, vegetation, the equipment you use, speeds of the websites you visit.
3. Real-time Applications.
Subject to the foregoing limitations of wireless services and the speeds offered in the service plan you choose, our services are suitable for most or all real-time applications, including web surfing, movies, gaming, voice over IP, and music. 4G service can provide the fastest data services and will generally support all real time applications. Occasionally, at times of peak network usage, some applications may run more slowly than usual. 3G service may not satisfactorily support video streaming or certain gaming applications well on partner networks. If your access is limited to 2G service only real time applications that do not require the fastest speeds will work. Because of our data thresholds, heavy use of streaming or gaming applications may slow your service to a speed that does not support those applications well, if you reach the threshold in a given day.
4. Network and Congestion Management.
Twigby manages its service with one goal: to deliver the best possible broadband Internet experience to all of its members based on the plans selected. High-speed bandwidth and network resources are not unlimited and must be shared by all users that rely on our partners’ networks. The partners management of those networks is essential as Twigby works to promote the use and enjoyment of the Internet by all of its members. The company and its partners use reasonable network management practices consistent with industry standards and regulations. These practices do not discriminate among content or websites. When a cell site experiences high demand, data speeds for users on that site may be slower for all applications until traffic levels return to normal.
Twigby is committed to providing all of its members with the best online experience possible. Twigby does not inhibit the ability of its members to access the Internet through its wireless broadband services. Twigby permits the use of its broadband services for browsing the Internet, using email, downloading and uploading content via the Internet, accessing and using corporate email and/or corporate business applications associated with its members’ places of employment and other uses that are lawful and not harmful to the network or others.
6. Device Attachment Rules.
All phones and devices connecting members to carrier’s network must be provided by Twigby or be technically compatible with and not harmful to the network of our partner. Compatible with Twigby’s partner network can be found at its retail website at https://www.twigby.com/page/byod. Twigby is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the member or any third party. If any such equipment harms our network or degrades the service of other users, the member may be required to disconnect the device and, in some cases, we may suspend or terminate service to members that in our sole judgment are causing or contributing to harm.
7. Acceptable Use Policies.
Your use of our Internet access services is subject to an acceptable use policy (“AUP”). The AUP can be found within our Terms and Conditions on our website here: https://www.twigby.com/page/policiesandterms In general, the AUP prohibits activities that are unlawful or harmful to Twigby, its network partners, or its members, whether those activities are initiated by you or are directed against you by third parties, such as spam or denial of service attacks.
8. Security and Privacy.
b. Network Management and Security. In order to maintain and improve our overall service levels for members, we or our network partner may measure and monitor network performance and the performance of your Internet connection. We may suspend or terminate service to members that in our sole judgment harm the network or other users.
d. Law Enforcement and Copyrights. Upon receipt of a reasonable request for information from law enforcement, we will cooperate as required or allowed by law. In the event of actual or alleged violations of copyright, we may inspect network and member traffic and will comply with the requirements of the Digital Millennium Copyright Act. In some cases, we may suspend or terminate service to members who in our sole judgment are repeat copyright infringers.
9. Questions or Complaints.
If you have questions or complaints about our broadband Internet access service you can send us a message or use “Chat” on our website. We find that most member concerns or disputes can be resolved through our member service representatives. However, any member disputes that cannot be resolved without third-party intervention will be resolved by binding arbitration in accordance with the terms of our service agreement, which can be found here: https://www.twigby.com/page/policiesandterms
While issues with Twigby phones are uncommon, we know that occasionally things don’t always work out as expected. For this reason, Twigby has designed a comprehensive program so our customers are fully aware of our return, exchange and warranty policies. To obtain a return authorization number, please visit www.twigby.com, click on “Get Help” and follow the “Chat Now” link to chat with a representative or email us at firstname.lastname@example.org. Please write the return authorization number on the outside of the box you send.
Please note: If phones are being replaced for any reason, the replacement phone is not shipped until the original phone has been received by Twigby. However, if the customer wishes, they can choose to pay for the replacement phone upfront and Twigby will issue the applicable refund for the original phone as soon as it is received. Additionally, if a product is returned or exchanged for any reason, it must be received by Twigby within 10 business days from the date the return was authorized. The address for which returns must be sent is:
1418 Kensington Square Ct., Bldg. E
Murfreesboro, TN 37130
IMPORTANT PLEASE READ
To receive a full refund due to a return, exchange or warranty claim, the phone must be in its original condition and accompanied by all components. This means there cannot be any minor cosmetic wear such as scratches (of any measure) on the screen or slight imperfections on the sides and/or back. Missing items, scratches, imperfections or damage will reduce and could entirely eliminate the amount of the refund. If the phone or components are deemed by Twigby to not be in their original condition, a non-refundable fee will be charged that may equal the full purchase price of the phone. Once received, returns are typically processed within 3 business days. Upon request, Twigby will return a non-refundable phone for a $15 shipping fee. If components are damaged or missing upon Twigby’s receipt of the phone, the following refund reductions will apply:
3.USB Cable: $10
4.Battery Door (if removable): $15
5.SIM Card: $5
6.Packaging (box): $5
CRITICAL: Before sending a phone back to Twigby, follow the instructions provided below based on the specific phone type. It is crucial that you complete these steps in the order they are presented.
Feature (basic) Phones
Remove all passcodes and PIN lock codes.
1) remove Apple ID
2) turn “Find My iPhone” off
3) remove all passcodes, PINs and fingerprint or pattern locks
4) remove all phone protection accounts and disable all protection services
5) go to Settings > General > Reset and then select Erase All Content and Settings.
1) remove Google account
2) if applicable, remove any manufacturer accounts (i.e. Samsung account)
3) remove all passcodes, PINs and fingerprint or pattern locks
4) remove all phone protection accounts and disable all protection services
5) go to Settings > tap System Reset > tap Factory Data Reset (or Reset Phone) > select Erase everything
If a phone is received by Twigby and these steps have not been followed resulting in Twigby being unable to access the phone, it will be returned to the owner and the account will be billed a $15 shipping fee. If you need help with any of these steps, please visit www.twigby.com, click on “Get Help” and follow the “Chat Now” link to chat with a representative
If a phone purchased from Twigby is found unsatisfactory, it can be returned within 30 days of receipt for a full refund of the purchase price (excluding shipping). The phone and all included components must be in their original condition as outlined above. The owner of the phone is responsible for all costs associated with returning it back to Twigby. Upon request, Twigby will provide a prepaid shipping label to return the phone for $15.
Due to Twigby’s extremely low prices on accessories, there are no warranties or exchanges. Accessories purchased from Twigby can only be returned in conjunction with a 30-day satisfaction guarantee cancellation of service. To receive a refund, the accessory must not have been used or removed from its packaging.
A phone can be exchanged for a different model within 7 days of receipt for a refund of the purchase price (excluding shipping) with a non-refundable exchange fee of $15. This offer can be used one time within a 12-month period. To receive a refund for the original phone purchased, the phone and all included components must be in their original condition as outlined above.
A phone warranty covers defects in materials and/or craftsmanship of the phone. It does not cover issues that stem from normal wear and tear including diminished battery life, accidental damage (including but not limited to cracked screen, dents, liquid damage or exposure), software or hardware issues caused by the installation of 3rd party applications or an attempt to modify the phone in any way. Phones locked with an unknown password or PIN are not warrantable issues. This includes but is not limited to an unknown Apple ID password and Google or manufacturer passwords.
Twigby cannot guarantee an issue is covered by warranty until the phone has been received and physically inspected by our inventory department. If a warranty claim is filed and Twigby determines it is not a warrantable issue, a refund will not be processed. Upon request, Twigby will return the phone for a $15 shipping fee.
New Phone Warranty
The warranty period for a new phone is typically one year and is between the owner of the phone and the manufacturer. Some new phones may not have a full year warranty. This could be for many reasons, such as they were aged inventory, a closeout purchase, etc… With this, Twigby cannot guarantee that all new phones have a full one year manufacturer warranty. However, Twigby offers a Fast Exchange Warranty program for a fee of $40. During the phone warranty period, Twigby will manage the claim with the manufacturer and cover the shipping costs associated with the exchange. If a warrantable condition is claimed within the first 30 days of receipt, Twigby will waive the $40 fee for this program.
Certified Phone Warranty
The warranty agreement on certified phones is 30 days and is between the owner of the phone and Twigby. During this period, Twigby will provide a return shipping label at no charge. After 30 days, Twigby offers a Fast Exchange Warranty program for a fee of $40. With this program, the 30-day warranty is extended an additional 90 days and Twigby covers the shipping costs associated with the exchange.
Due to Twigby’s extremely low price of SIM cards, there are no warranties or exchanges. If a SIM card was purchased in conjunction with obtaining service, it must be returned before a 30-day satisfaction guarantee refund will be processed.