Community Phone Terms of Service

Posted: October 9, 2018

**Lifetime Plan (For Life Plan) terms are towards the bottom of this page**

These terms of service ("Terms") cover your use and access to the services, client software and websites ("Services") provided by Wallace Murry Phone Company d/b/a Community Phone. Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy Policy. If you're using our Services for an organization, family, or entity, you're agreeing to these Terms on behalf of that organization, family, or entity.

You accept these T&Cs by doing any of the following things:

giving us a written or electronic signature or confirmation, or telling us orally that you accept;

activating, using or paying for the Service or a Device; or

opening the Device box.

If you don’t want to accept these T&Cs, don’t do any of these things.

Services

Your Agreement with Community Phone begins the day you activate service and or purchase a device with Community Phone and continues through the day you or Community Phone terminate Services pursuant to the Terms on this page.

Plans:

Your “Plan” includes your Service allotments, for example, for minutes, messages or data, rates, coverage and other terms. Community Phone may introduce access to new technologies, features, or services that you can add for an additional charge. You can check your current usage by visiting your login via community phone’s website. Plans are determined at the time of sale or activation. By activating and using the Services you are confirming that you understand you what your Plan does and does not cover or include.

Overages

In the event that you use all of your allotted data you agree to automatic or additional charges to your account to increase your data allotment so as to prevent loss of Service. The amount charged depends on your specific plan. You also agree to pay any taxes and processing fees applicable to the data charges. You also have the ability to request that automatic data refills or charges be turned off at any time. Allow 2 hours for such account changes to take into effect although they usually are immediate.

Changes in prices

We reserve the right to change or alter the pricing of your Plan at any time. You will be notified of such changes via a phone call, SMS message, or email to the address we have on file on the account before the change goes into effect. Community Phone also reserves the right to change the allotment of data, minutes, or SMS on your Plan at any time. These changes will go into effect at the beginning of your next billing cycle.

Time to pay bill

Payment is due upon activation of services. In most instances payment will be drawn automatically every 30 days. For accounts that receive invoices via email or mail, payment will be due upon receipt of invoice. A grace period of 7 days is given to accounts with non-automatic payment set up. If payment is not received within 14 days of receipt of the invoice loss of services may occur.

How is a minute charged?

One minute of call time is calculated based on rounding up to the next whole minute. We do not calculate fractions of minutes and any final portion of a call minute will be recorded as a full minute in calculation. Data is calculated to the next whole kilobyte. Plans and Packages are sold on the megabyte or gigabyte level; however, your data usage is calculated to the next whole kilobyte of data.

Billing

Usage and monthly fees will be billed as specified in your customer service summary or Plan information online, over the phone, or in person. If the Device you order is shipped or delivered to you, your Services may be activated before you take delivery of the Device so that you can use it promptly upon receipt. You are responsible for all charges occurred in transit. Call Community Phone to request a credit for such charges.

You will receive monthly bills that are due in full. Recurring monthly fees and non-recurring Service charges will be billed as soon as possible. Billing cycles and dates may change from time to time. If you have authorized charges to a credit card, debit card, or checking account no additional notice or consent will be required before charges will be applied to any one of those financial accounts.

A sales tax imposed by governments or governmental entities will be applied to all purchases and Plans at the appropriate percentage for the state in which you reside. You are also responsible for any additional credit card fees, regulatory fees, or administrative fees that incur during the provisioning of your Services. We may not gurantee advance notice of changes to these charges, but we usually will provide ample warning.

You agree to be contacted by Community Phone via any means to remind you of your invoices including, but not limited to, reminders via mail, email, SMS, or phone calls. See Your Responsibilities for possible changes or termination in Services due to overdue bills.

Roaming

Domestic Roaming, as defined by Roaming within the continental United States and specific territories is included in your Services and you will not be charged extra for calls or data used while roaming. See International Services for information about international roaming or speak to your sales representative for more details.

International Services

International data, SMS, or voice calling are all dependent on your specific Plan and should be discussed at the time of sale. If you should have any questions about your international Services, feel free to call Community Phone at 617-963-0004. Plans that do not include international Services can add certain functions for an additional cost. Most Plans do not include international calling by default but can be added for an additional $2.50 per month for calls placed to phone numbers outside of the United States. International calling while Roaming outside the United States will incur additional charges of $0.25 per minute if not otherwise specifically stated on your Plan. Some plans offer unlimited 2G data speeds while Roaming outside of the United States with an additional 5 gigabytes of 4G speeds in Canada and Mexico per billing month plus unlimited SMS while to and from international numbers.

Varying of Service

As our customer, your actual Service area, network availability, coverage and quality may vary based on several factors, including network capacity, terrain, weather, if you are on a private or public Wi-Fi network, or your specific Device capabilities. Outages and interruptions in Service may occur, and speed of Service varies. Devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.

In Person Services

Community Phone is not responsible for any property damage or personal injury occurred during an 'On-Site Visit.' On-Site Visits are defined as meetings between a representative of Community Phone and yourself. These meetings can occur at your home, your office, our any local establishment. Community Phone is not responsible for any loss of property or damage inflicted during an On-Site Visit. Community Phone does not necessarily share the views and opinions of its represntatives. By having an On-Site Visit at your home, house, property, or domicile you are agreeing to allow entry to a representative of Community Phone. Any injuries incured to the representative or theft of Community Phone property or the represntative's property will be pursued to the fullest extent of the law.

Device and Hardware Purchase

Any equipment for which we provide Service, such as a phone, handset, tablet, or SIM card (collectively, a “Device”); are included in these Terms. When purchasing a Device from Community Phone you agree to pay the full price at the time of sale unless a Payment Plan has been added to your account.

Warranty of Devices

All Devices purchased may be returned within 30 days of purchase for a full refund. Before a Device maybe returned it may not show any signs of damage or wear that were not present at time of purchase including but not limited to cracks, chips, or scratches. A fee or partial refund may occur for devices showing signs of such damage or wear. Devices that show any sign of hardware or software tampering or any sign of malfunction not present at the time of sale are not eligible to be returned or refunded.

Community Phone does not SIM lock any of its devices, ever. Your device may still not be compatible with other carriers.

Devices returned, traded-in, sold, or otherwise given to Community Phone will be wiped of all personal information, data, settings, and content. By giving your phone to Community Phone your device you agree to give Community Phone the authority to erase all content on the Device at any time they see fit and that any transfer of data, content, or settings will be done before the transfer of a Device to Community Phone. If needed, please ask for assistance in the transferring of your personal data before the Device is given to Community Phone.

You are responsible for Devices loaned to you or meant for temporary use for any reason and you may incur additional chargees if the Device is returned with damage or malfunction.

Device Insurance

Any insurance must be applied at the time of sale. Community Phone may accept or deny additional requests for insurance for a period of up to 7 days following the sale at the discretion of Community Phone. A deductible may be applicable on any Devices as well, depending on your Plan.

Insurance covers the following: screen replacement for cracked or warped screens, functional damage that results in the impairment of part or complete functionality of the device, water Damage to the phone that impedes with functionality of the device or the user’s ability to view the screen, any damage done to charging ports or other inputs that impede their functioning.

Insurance does not cover the following: light wear and tear that is due to normal use of the device, small scratches or chips that do not affect the functionality of the device.

Images of the Device before and after the Device is damaged are required to be on file. In the event that the device needs replacement a refurbished version in fully functional order will be provided. The insurance premium will increase by 30% on the line which received the replacement device.

Lost or Stolen devices are covered but must be reported stolen/ lost within 72 hours and the device will be subject to anti-theft locking.

Payment Plans, Amortizations, and Hardware Leasing

Payment Plans are possible for eligible Devices and users. An additional upfront cost may be charged for certain Devices. In purchasing a Device from Community Phone, you agree to pay for the phone in its entirety. If your Device payment is separated into multiple payments over a specified time, you will be responsible for a monthly payment in accordance with your Plan to avoid a loss of Services and responsible for the total cost of the Device at the end of the specified time. If you are unable to make a payment on your Device contact Community Phone at 617-963-0004 to discuss options so as to avoid a loss of services. Devices that are 30 days delinquent in payment will be subject to being filed, flagged, or otherwise labeled as Stolen in regional and national registries. You also agree to provide your Social Security number if requested during a Device purchase and agree to any credit penalties incurred due to delinquent payments. If a Device is loaned or temporarily given to you, you agree to pay for the full price of the Device if it is lost, stolen, or not returned to Community Phone within 7 days of the agreed upon date.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your phone call and SMS history, data usage history, and personal information. Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We use “Your Stuff” to track usage statistics and improve our services. These and other features may require our systems to access, store and analyze Your Stuff. You give us permission to do those things, and this permission extends to trusted third parties we work with.

Your Responsibilities

You are responsible for all charges on your account as described above. Any disputes in billing must be submitted within 60 days of your purchase and/or due date of your charges.

Failure to pay for the Services may result in a loss of access to the Services or a reduction in Services. Reductions in Services may include, but are not limited to, a loss of the ability to access data, send and/or receive SMS messages, and make and/or receive calls. Lines of Service will not be terminated without a prior notification of 14 days. You may pay your overdue balance at any time in those 14 days to prevent termination of Services. Late fee charges may be applicable. Account balances that are over due by 30 or more days may be subject to a 10% late fee.

You're responsible for your conduct. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.

Please safeguard your password and/or PIN to the Services, make sure that others don't have access to it, and keep your account information current.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Community Phone trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We reserve the right to terminate and delete your account if you haven't accessed our Services for 3 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

You also have the right to port out your number at any time and transfer it to another service provider. You are still responsible for any remaining charges and Device balances after porting your number out. If you port your number out before your Device is fully paid off you will be charged for the total remaing balance on the Device. To port out you will need your phone number and PIN number.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee.TO THE FULLEST EXTENT PERMITTED BY LAW, Community Phone AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to help@communityphone.org. All logos and trademarks are property of Community Phone.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Community Phone, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Community Phone HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO Community Phone FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Entire Agreement

These Terms constitute the entire agreement between you and Community Phone with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Community Phone's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Community Phone may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog, or sending a notification via mail to the address on file). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by these Terms shall be brought only in the state courts of Delaware or in the federal courts located in the state of Delaware.

Lifetime Plan (For Life Plan) --------------------------------------

The below Terms and Conditions apply specifically to users and purchasers of a “For Life Plan.” The Terms and Conditions below supersede any and all other Terms and Conditions of Service outlined by Community Phone to any extent that they are inconsistent with or in addition to the general Terms of Service that govern the relationship between Community Phone and its Users. By purchasing a “For Life” Plan or becoming the Original User of a For Life Plan, the User expressly agrees to all of the Terms and Conditions of this Agreement as set forth below.

Services of a For Life Plan

A For Life Plan (Plan) includes unlimited domestic voice minutes (calls) and unlimited domestic SMS (texts). The Plan also includes 1024 megabytes of data that will be allotted every thirty days. The allotted data will not “roll over” or carry over into the next 30 day period. Any data not used during a thirty day period will be void at the start of the following thirty day period. However, additional data purchased separately from the alloted amount as a "refill" or "top-up" will roll over into the next thirty day period until the refill has been expended. International inbound or outbound calls are not included in the Plan and may be limited or restricted. International data roaming, voice roaming, or roaming of any kind outside of the United States is not included in the Plan and maybe restricted. “Phone as Modem” services or hotspot services are not included in the “For Life Plan.”

For Life

“For Life” refers to the organic life time of the user of said plan. The original purchaser and only the original purchaser will have the ability to assign access to 1 user of the For Life Plan services and any benefits of the For Life Plan. The user must be an individual 18 years of age or older at the time of activation. By using a For Life Plan, the user signifies that he or she is indeed aged 18 years or older. If the user of the For Life Plan services is not the original purchaser then these terms will only be valid until the death of the original user. Thus, the services outlined in the For Life Plan will end at the time of death of the original user. Community Phone reserves the right to void the original purchaser’s For Life Plan if these terms are violated.

Non-Shareable

The services of a For Life Plan cannot be split, passed, pooled, or otherwise shared with any other lines, entities, or individuals. Only one line of service is available on a For Life Plan and the line of service cannot be changed, altered, or removed without cancellation of the services. Community Phone reserves the right to void the original purchaser’s For Life Plan if these terms are violated.

Activation

Once a phone number is assigned, ported-in, or otherwise activated under a For Life Plan, that phone number may not be changed for any reason.

Once a user is chosen by the original purchaser, the services of the For Life Plan will only be accessible to that user, the “Original User.”

Once a phone number is assigned, ported-in, or otherwise activated under a For Life Plan, the services of said plan are non-transferable and are only be available to the Original User.

Seven Day Delayed Charge

The Original User and the Original Purchaser will have seven (7) consecutive days from the time of activation to test the services of a For Life Plan without charge. The Original User and Original Purchaser may leave Community Phone at anytime during the 7 day period to avoid being charged. Leaving the Community Phone services can be done by porting a number out or contacting Community Phone to manually cancel and close the account.

Payment will be due 7 days after activation of a For Life Plan. However, a valid credit card must be on file with Community Phone at the time of activation. If payment fails at the due date, the Original User or Original Purchaser will have 24 hours to rectify the payment issues before services are withheld. If 48 hours after a failed payment pass without successful payment, the account, services, and any lines associated with the For Life Plan may be canceled at Community Phone’s sole and exclusive discretion.

Overages and Additional Purchases

The services of a For Life Plan do not extend beyond what is outlined in the Plan’s terms. The Original User and the Original Purchaser agree to pay for any and all additional data and service usage. The Original User and Original Purchaser (if not the same) also both agree to pay for additional charges and purchases outside the alloted services outlined in the For Life Plan. Additional purchases include, but are not limited to, data usage beyond the allotted 30 day amount, international dialing services, phone as modem services, international roaming services, and device purchases.

Non-Transferable and Non-Redeemable

The account associated with a For Life Plan is non transferable, redeemable nor inheritable in any way. Any services associated with a For Life Plan can only be accessed by the Original User and no one else. All services of a For Life Plan only extend until the point of the Original User’s death. A For Life Plan cannot be redeemed at any time for any form of credit after 30 days of the activation date.

Inactive Use

If the line of service remains inactive for a consecutive period of ninety (90) days, without providing any prior notice or warning, Community Phone reserves the right to cancel all services, plans, and accounts related to said line. Inactivity is defined as no outbound calls or SMS, and less than 10.1 MB of data usage in each thirty (30) day usage period falling within the 90 days. By maintaining an inactive line the user relinquishes his or her rights to the account, mobile directory number, line, and services. If prior warning is provided to Community Phone then the inactive period may be extended to 180 days before Community Phone determines, in its sole and exclusive discretion, whether to take further action and possibly cancel the Plan.

An example of an inactive line would be an account that has made no outbound calls or SMS texts in the past 90 days and has used no more than 8MB of data in each 30 day period totaling, at most, to a usage of 48MB of data.

Cancelation

The Original User or the Original Purchaser reserves the right to cancel the Service of a For Life Plan at any time. If the mobile directory number (phone number) is ported out from Community Phone, the For Life Plan and associated services and accounts will be canceled immediately and automatically. Community Phone also reserves the right to cancel the service due to Inactive Use. Once a cancelation has occurred, the services and benefits of a For Life Plan cannot be reinstated, reactivated, or redeemed. By canceling a line on a For Life Plan you understand that you a relinquishing all rights to the For Life Plan services and benefits. In addition, once a cancelation has occurred, you, the user, relinquish all rights to the mobile directory number (phone number) associated with the canceled account.

Network

The For Life Plan is currently only available on the Sprint Wholesale network. Community Phone cannot guarantee the availability or performance of Sprint’s network. Community Phone reserves the right to transfer any line and/or account associated with a Plan to a different parent network as long as the above Services are maintained. Community Phone will notify the user or purchaser of a For Life Plan before making any such transfer.

30 Day Satisfaction Guarantee

The For Life Plan does not fall under Community Phone’s typical 60 day money back guarantee. In the event the Original User is not fully satisfied with a For Life Plan, the Original Purchaser may request a refund of up to 95% of the purchase price of the Plan within 30 days of activation of a For Life Plan.

Investigation

If Community Phone believes or has reason believe that any of the terms above have not been met and adhered to by the Original User or the Original Purchaser then Community Phone reserves the right to put the plan, account, and all services associated on hold until an investigation is completed. If Community Phone determines that the Original Purchaser or Original User has violated any of these terms then Community Phone may void the For Life Plan immediately, effectively canceling all services, benefits, and accounts associated with the Plan.

Insolvency

In the event Community Phone becomes insolvent, bankrupt, or otherwise incapable of paying for the services of a For Life Plan all of the agreements between the Original User and/or Original Purchaser and Community Phone shall be deemed void.

Liquidity Event

Community Phone also reserves the right to purchase the For Life Plan back from the user during a liquidity event. If such an event occurs there will be a period of 90 days before the event and 90 days after the event in which the For Life Plan may be bought out. Community Phone can buyout the remaining services of a For Life Plan at a reduced rate. The reduced rate will be calculated based on subtracting thirty (30) USD from the original purchase price for every month passed since the date of activation. However, the reduced rate will be no less than eight hundred (800) USD. The resulting reduced rate will be presented to the user at the time of notification of the buyout. The user will receive a notification of a buyout at least 30 days before the completion of said buyout. The Original User or Purchaser will receive a credit to the account or a check in the amount of the reduced rate buyout. In the event of a buyout of services the Original User’s line will be transferred onto a recurring 30 day plan and the user agrees to pay all recurring charges associated with such a plan.

Acts of God and Force Majeure

In the event that Community Phone is rendered incapable of providing the services of a For Life Plan due to an act of God, force majeure, or any events outside the control of Community Phone, Community Phone cannot be held liable for any loss of services, benefits, records, or account information. Such events of force majeure include (but are not limited to):

Fires, explosions, draught, tidal waves, floods, war, revolution, insurrection, acts of terrorism, strikes, riots, mobilisation of armed forces, and loss of power.

If a force majeure of any kind prevents Community Phone from providing service to For Life Plan users for an extended period of time greater than 60 days, Community Phone may elect to cancel the services and accounts associated with the For Life Plan. Community Phone will provide warning to the Original User and Original Purchaser to the best of its ability before cancelling occurs.