Terms of Service
enTouch Wireless Terms of Service for Communication Services.
Effective as of August 30, 2019 until replaced.
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Thank you for choosing enTouch Wireless powered by Boomerang Wireless (“enTouch Wireless”). These terms and conditions are part of your agreement with enTouch Wireless for Mobile Services. For the most current version of the terms and conditions, please visit our website at www.enTouchwireless.com or call Customer Service at 1.866.488.8719. The terms and conditions included with your Mobile phone may not be the most current version. If you activated Mobile Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. If you have questions about your enTouch Wireless Services, call enTouch Wireless Customer Service at 1.866.488.8719 or visit our website at www.enTouchwireless.com.
Your agreement (“Agreement”) with enTouch Wireless powered by Boomerang Wireless and any of its affiliates doing business as enTouch Wireless providing mobile phone services (“Services”) to you is made up of these terms and conditions of service (“Terms”). We use the words “we,” “us” or “our” to refer to enTouch Wireless powered by Boomerang Wireless and its affiliates doing business as enTouch Wireless in these Terms. When you activate Services or attempt to use our Services (including, without limitation, attempting to place a call) you accept the Agreement.
Non-Discrimination
Company offers Lifeline, a government assistance program, on a non-discriminatory basis to any consumer who completes and submits the required Lifeline application and supporting documentation that 1) meets and maintains the eligibility requirements as defined by the Company policy and terms, federal and state rules and regulations including approval by the federal and state Lifeline Administrator(s), rules and regulation(s), as and where applicable; and 2) resides within the Company’s approved service area for wireless telephone services. enTouch Wireless has been approved by the California Public Utilities Commission as a California LifeLine Program provider. This benefit program is available to eligible California low-income households and is funded by the State of California.
Lifeline Program and Services
enTouch Wireless provides Lifeline service, which is a government assistance program funded by the Universal Service Fund Lifeline program and administered by the Universal Service Administrative Company. Willfully making false statements to obtain the Lifeline benefit can result in fines, imprisonment, de-enrollment, or being barred from the program. The program is limited to one (1) Lifeline benefit per household. A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. Violation of the one per household limitation constitutes a violation of the Federal Communications Commission’s rules and will result in your de-enrollment from the program. The Lifeline service is a non-Transferable benefit, and you may not transfer this benefit to any other person regardless if they qualify for the Lifeline program. Only eligible consumers may enroll in the Lifeline program, and documentation is necessary for enrollment.
To qualify for enrollment in the Lifeline Program, applicants must complete an application form, provide supporting documentation that they meet the eligibility requirements, and certify, under penalty of perjury, that they will comply with the Lifeline rules. Except for the states that determine eligibility via an administrator (such as California) or by itself (such as Oregon), enTouch Wireless determines at its sole discretion whether an applicant meets the eligibility requirements to participate in the Lifeline Program.
Applicants who qualify and are enrolled in the Lifeline program will receive a free allotment of airtime minutes, units or data each month for as long as the applicant remains eligible for the program. The monthly airtime minutes, units or data provided by enTouch Wireless under any plan may vary from state to state and will be based upon the Plan option selected. You may call enTouch Wireless Customer Service at 866-488-8719 or go to www.enTouchwireless.com for more information.
To continue your enrollment in the Lifeline program, you must use your phone at least once every 30 days. Also, you must ‘re-certify’ annually that you are qualified for continued enrollment in the Lifeline program as required by the FCC or your state regulatory commission or other agency administering the Lifeline program in your state. Additionally, enTouch Wireless may require you to re-certify your continued eligibility for Lifeline at any time, and failure to do so will result in the termination of your Lifeline benefit. You must notify enTouch Wireless within 30 days if (1) you cease to participate in a federal or state qualifying program or your annual household income exceeds the applicable federal poverty guidelines; (2) you receive more than one Lifeline-supported service; (3) another member of your household is receiving a Lifeline benefit or (4) you for any other reason no longer satisfy the criteria for receiving the Lifeline support. Your enrollment in the Lifeline program may also be cancelled upon the request of a state and/or federal authority.
On December 1, 2017, Lifeline subscribers in all states will be on a Lifeline plan that meets the minimum standards established by the Federal Communications Commission (FCC). The Lifeline plans provide some broadband data, voice minutes, and text messages for FREE. Your Lifeline plan will reload each month on your monthly-anniversary date for eligible subscribers. A variety of top ups with voice, text or broadband data services can be purchased to supplement your Lifeline plan.
30-Day Usage Requirement:
- Under the new Lifeline rules, you must use your Lifeline-supported service at least once every 30 days. Usage includes: (1) completing an outbound call or using data; (2) purchasing minutes or data to add to your plan; (3) answering an incoming call from a party other than your carrier; (4) responding to direct contact from your carrier and confirming that you want to continue receiving the service; or (5) sending a text message. If we detect 30 days of non-usage, we will give you notice with a 15 day grace period before de-enrolling you for non-usage. If you do not respond to the notice, you will be de-enrolled.
For California Residents only: California LifeLine Enrollment/Transfer Limitations:
- 30 Day Waiting Period for an Enrollment Request for the California LifeLine Discounts for Cell Phone Service
- When a consumer submits an enrollment request to receive the California LifeLine discounts for cell phone service the consumer has to wait up to 30 days to submit another enrollment request. A consumer CANNOT have multiple enrollment requests for the California LifeLine discounts for cell phone service going at the same time. The 30-day waiting period ends when either 1) the California LifeLine Administrator sends the final eligibility decision, 2) the enrollment request is cancelled, or 3) the 30 days have passed since the enrollment request, whichever occurs first. After the 30-day clock stops, a consumer may then submit another enrollment request for the California LifeLine discounts for cell phone service, as applicable. A consumer can independently cancel an enrollment request by contacting the California LifeLine Administrator by phone at 877-858- 7463 or going to Check Your Status at www.californialifeline.com The cell phone company can also cancel an enrollment request.
Provision of Service
Your free phone or purchased digital mobile phone or other equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify or are eligible under federal guidelines or the applicable state guidelines for Services. Services in some areas are managed and provided under contract with enTouch Wireless by independent affiliates to our network provider. Some Services may not be available or may operate differently in certain affiliate markets.
Privacy:
enTouch Wireless works with our affiliates, agents, joint venture partners, independent contractors, and vendors and their subsidiaries to process applications and requests for service, and provide services. By agreeing to the enTouch Wireless Terms of Service, you also agree to the terms of the enTouch Wireless Privacy Policy (“Privacy Policy”), which is available at https://entouchwireless.com//privacy-policy. The Privacy Policy may change from time to time so you should review it regularly. It includes important information on what data we collect about you, how we use this data and with whom we share that data, as well as provides your options regarding how we use your information. enTouch Wireless may disclose to law enforcement authorities and governmental agencies any information about you, including but not limited to, your name, account information, account history, or other information. As the Company provides telecommunications products and Services to you, the Company obtains information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill. Any such “Customer Proprietary Network Information” (CPNI) data that enTouch Wireless collects from you will be handled in accordance with the FCC regulations and the enTouch Wireless Privacy Policy. Under federal law, you have the right and the Company has the duty to protect the confidentiality of your CPNI.
Changes to Agreement
enTouch Wireless may modify this Agreement at any time by posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the revised Terms of Service. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. If you do not accept the changes, you may terminate Services. For purposes of the Agreement, “use” includes keeping the right to access the enTouch Wireless Coverage Area by not terminating Services. You may not modify the Agreement.
Acceptable Use Policy
Prohibited Network Use (Unlimited Services)
Services and equipment may not be used for any unlawful, fraudulent, harassing, or abusive purpose. enTouch Wireless service is for personal use only. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. enTouch Wireless reserves the right, without notice or limitation, to limit, deny, terminate, end, modify, disconnect, or suspend Service if any individual engages in any prohibited voice, text, or data uses detailed below, or if enTouch Wireless determines, on a case-by-case basis, that action is necessary to protect its wireless network, business, equipment, or Services from harm or degradation resulting from such prohibited uses.
- Voice & Text Services: enTouch Wireless provides its voice and text Services solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. You may not use enTouch Wireless voice and text Services for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. This Service may not be used in a manner that interferes with other enTouch Wireless customers’ use of the service. Service levels of other customers may be impaired when users place abnormally high numbers of calls, send or receive very high numbers of messages, or repeatedly make calls of abnormally long duration compared with other enTouch Wireless customers. Use of more than 3,000 units within a 30-day period or less may trigger a review of the usage in accordance with this Acceptable Use Policy.
- Data Services: enTouch Wireless data Services are provided only for personal (i.e., non-commercial) use, which includes web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading files or online gaming. enTouch Wireless data Services may not be used for any of the following uses: (1) to generate excessive levels of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (2) to maintain continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; (3) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (4) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; (5) for activities that adversely affect the ability of other people to use either enTouch Wireless’ or other parties’ Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (6) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using an enTouch Wireless handset designated for such usage); or (7) for any other reason that violates our policy of providing Service for individual use.
The prohibited uses in this section also apply to unlimited plans. Unlimited does not mean unreasonable use. If enTouch Wireless finds that you are using an unlimited voice or text Service offering for any of the prohibited uses in this section, enTouch Wireless may at its option terminate your Service or change your plan to one with no unlimited usage components. enTouch Wireless will provide notice that it intends to take any of the above actions, and will give you an opportunity to terminate the Agreement. Unlimited talk and text includes talk and text within the U.S. only.
Availability
Company provides the ability to send and receive voice-grade calls over all domestic distances (local and long distance) via a wireless voice-grade connection to the public switched telephone network. Our voice Services provide the ability to send and receive voice-grade calls within the nationwide (domestic) operating range of the enTouch Wireless Coverage Area. Roaming services are not available. There is power back-up for the underlying enTouch systems that support enTouch LifeLine wireless service as well as underlying carrier power backup systems are in place in accordance with Federal and state requirements, but service may still be limited or unavailable due to outages of power required for operation of equipment on towers or other facilities. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, topographic conditions, or network modifications by the underlying carrier that render devices or services obsolete. We do not guarantee that there will be no interruptions or delays in Services. Your enTouch Wireless phone will not accept the services of any wireless provider other than enTouch Wireless.
Services Unavailable At Home
If you fail to receive a voice-grade connection, notify enTouch Customer Support. enTouch Customer Support will (1) promptly attempt to restore voice service, or if not possible, (2) provide telephone service using a different network carrier if offered by enTouch and if you agree to that change; or (3) allow you to discontinue service. No termination fees or penalties apply.
Phone Number
We assign telephone numbers and other personal identifiers in connection with the Services. Unless we provide you advance notice in writing, you have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. You do not have any property right to your phone number. It may be changed or reassigned. In the event that you become entitled to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed by you for Services and Equipment.
Charges
Eligible Lifeline subscribers will receive free airtime as part of your enTouch Wireless service. Free and purchased airtime is measured in ‘units’ for voice and text service. One (1) unit equals one (1) minute, and one (1) unit equals one (1) text message. “1 unit = 1 minute = 1 text”. Airtime is used in one-minute increments and any fraction of a minute is rounded up and charged at the full minute rate; calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the termination of the call. Some plans include free data usage. Data is measured in megabytes which is decremented at the rate of content downloaded/uploaded to the network. More information on data plans & usage is available through Customer Support by dialing 611.
For California Residents only: enTouch Wireless has been approved by the California Public Utilities Commission as a California LifeLine Program provider. This benefit program is available to eligible California low-income households and is funded by the State of California. The California LifeLine plan offerings enTouch has available are listed at the end of the Terms of Service.
The Company does not differentiate domestic long distance telephone usage from local usage; customers utilize their minutes of use at the same rate for each type of call. You may also choose to add Airtime through a Top Up card or other commerce channel. This airtime may be invalidated if not paid for by the retailer. Any rollover minutes associated with a plan offering expire after 60 days from the date the minutes were issued.
Unless noted in writing otherwise, the minutes, units or data service is available for 30-days of use from when the top up card or product is activated on the device. When the 30-days of use expire, access to the minutes, units or data services will end and any unused minutes, units or data services will expire. There is no refund or reimbursement for expired minutes, units or data. Prior to shipping, the minutes, units or data services are activated on the device. A customer may call Customer Service at 866.488.8719 to find the days remaining to use the current minutes, units or data services.
For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. Your account is not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated by either party.
Unless noted otherwise, the following call types are provided with enTouch Services.
- 411 Directory Assistance: Directory Assistance calls are free; there is no additional charge. Units/minutes for Directory Assistance are deducted from your available balance of units.
- 611 Company Customer Support: The Company’s handsets can reach 611 Company Customer Support regardless of units (minutes) available on your balance of units. And there is no decrement of minutes when you dial 611 from their Lifeline phone.
- 711 Relay Service: (California only) For 711 calls, only the call to the 711 relay service for the deaf or speech-disabled shall not be counted against Lifeline plan minutes, while the relayed call itself may count toward applicable plan minutes.
(California only) Through its underlying carriers, enTouch Wireless will provide access to California Relay Service for deaf or hearing-impaired persons or persons with speech disabilities Access to telephone relay services as provided for in Pub. Util. Code §2881 et seq.
- 911 Emergency Service: The Company’s handsets can reach 911 Emergency services regardless of units (minutes) available on your balance of units. There is no decrement of your minutes when you dial 911 from their Lifeline phone. 911 emergency services are compliant with state regulations.
- N11 Numbers: (California only) Public Safety, N11 Numbers (211, 311, 511, 711, and 811) will be supported at a local and state level. There is no additional charge. Units/minutes for N11 Numbers are deducted from your available balance of units. N11 Numbers are supported for California LifeLine customers through the offering of plans with unlimited voice minutes.
- Operator Services: Access to operator services for enTouch Lifeline customers is offered commensurate to its retail customers. There is no additional charge for accessing Customer Support and no decrement of Units/minutes for these calls.
- Pay-Per-Call Service: The Company does not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
- Toll Free Numbers: Calls to Toll Free Numbers are free; there is no additional charge. Units/minutes for Toll Free Numbers are deducted from your available balance of units.
No Termination Fee or Penalty: Company does not require you to enter into a service contract, so you are not subject to termination fees or penalties.
Termination of Services for Prepaid Customers: enTouch Wireless may terminate service (disconnect service) with notice, to a customer a) for noncompliance with these Terms of Service which is susceptible to cure; b) for failure to top up within 60-days; or c) failure to top up within 30-days since minutes, units or data was used up.
Lifeline Activity Alerts and Other Text Messages
enTouch Wireless will use text messaging to keep in touch with you for things like:
- Balance Alerts
- Activation Status
- Product Offers
- Reload Specials
When you sign up for Lifeline Services with enTouch Wireless you are asked to OPT IN to receive these messages. You can also choose to not receive these messages. If you choose to OPT OUT of text messages, then the only text messages you will receive are the Lifeline notifications required by the FCC, such as the 30-day non-usage notice, the recertification notices, etc. The customer cannot opt out of the required FCC notifications.
If you choose to OPT IN for these messages, the message frequency varies and will be delivered to you based on your phone usage (message and data rates may apply). Outbound Usage Alerts do not decrement the consumer’s plan balance. Responses to the Usage Alert short codes do not decrement the consumer’s plan balance. You must use your phone every 60-days to maintain your Lifeline benefits. (See ‘Services, Prepaid Services’ for more information on maintaining an active account.) You must also recertify annually that you are eligible for Lifeline services.
Shortcodes 2560 and 2561 from Carrier-1 powered phone: At any time, you may STOP receiving enTouch Wireless Lifeline Activity Alerts. Text STOP to 2560 or 2561 about any message received to discontinue receiving that message. notifications.
Shortcode 9127 from Carrier-2 powered phone: At any time, you may stop receiving enTouch Wireless Lifeline Activity Alerts. Text STOP to 9127 about any message received to discontinue receiving that message.
Shortcode 20954 from Carrier-3 powered phone: At any time, you may STOP receiving enTouch Wireless Lifeline Activity Alerts. Text STOP to 20954 about any message received to discontinue receiving that message.
You can also call 1.866.488.8719 to OPT OUT of enTouch Wireless messaging or send an email to support@enTouchwireless.com. The customer cannot opt out of the required FCC notifications.
To receive SMS HELP dial 611 on your phone, or from another phone call 1.866.488.8719. You can also email us at support@enTouchwireless.com.
Notices
You may get our current address for written notice by calling enTouch Wireless Customer Support. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling enTouch Wireless Customer Support, and (2) we may notify you by leaving a message for you on your enTouch Wireless Phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Phones and/or Other Equipment
Phones and other equipment may be provided at no charge to you as part of the enTouch Wireless offering. Company’s Handset Policy is to provide only one free device per customer in the most recent 12 month period. Phones, which are refurbished or overstocked handsets, and other equipment may also be purchased and returned as provided in the purchase documents. We are not the manufacturer of the phones or other equipment. The only warranties on the phones or other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the phones and other equipment or for the manufacturers’ acts or omissions.
Refurbished phones are used phones that have been inspected, tested, and restored to full working condition at a factory or authorized service center. They may feature new housings or other new parts, or they may simply be used phones that have been tested and certified. Many of the phones distributed are refurbished phones that have been moderately used. They may show minor cosmetic imperfections or be placed in new housings. Phone is data cleared and has been fully inspected, and functionally tested. Device and accessories distributed consist of phone, battery, and wall charger.
Lost or Stolen Equipment
If your phone or other equipment is lost or stolen, you must notify us by calling enTouch Wireless Customer Service. You are responsible for all charges for Services provided to the Number for the lost or stolen equipment. We will deactivate Services to the Number upon notification to us of any loss or theft. If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we do reactivate Services), as well as require you to pay a reactivation or replacement fee. The Replacement fee varies from $25.00 to $99.00 depending on the device. You will need to send a money order or prepay via credit card before we reactivate or send a replacement phone. We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use.
Caller ID
Caller ID display on incoming calls to your Number depends on receiving the information from the calling party.
Pay-Per-Call Service
enTouch Wireless will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
Limitation of Liability
Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed (1) in cases related to a specific piece of equipment, the prorated Services to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated Services to you during the affected period.
Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with:
- Any act or omission of any telecommunications service or other service provider other than us;
- Any directory listing;
- Any dropped calls or inability to place or receive calls;
- Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations;
- Traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services;
- Any late or failed message delivery;
- Any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone;
- Network modifications or upgrades by the underlying carriers that may render devices or services obsolete;
- The installation or repair of any products or equipment by parties who are not our authorized employees or agents;
- Events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of governmental authority;
- Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
- Your negligent or intentional act or omission.
- NO CONSEQUENTIAL OR OTHER DAMAGES: UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Neither enTouch Wireless nor any of its affiliates, nor the directors, employees or other representatives of any of them are liable for damages arising out of or in connection with the use of the products or services. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Indemnification
You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
Governing law:
For all states except Minnesota:
This Agreement is governed by and must be construed under federal law and the laws of the State of Iowa, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the state of Iowa.
For the state of Minnesota:
For services provided pursuant to the Lifeline program, this Agreement is governed by and must be construed under federal law and the laws of the State of Minnesota, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of Minnesota.
For services other than those provided pursuant to the Lifeline program, equipment, and top-up cards, which are not a part of the Lifeline program, this Agreement is governed by and must be construed under federal law and the laws of the State of Iowa, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts n- the State of Iowa.
General
If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
Copyright and Trademark
Trademarks, product names, and company names and logos appearing on enTouch Wireless are the property of their respective owners. Users must obtain written permission from enTouch Wireless before copying or using the owner’s trademarks, product names and company names and logos.
Service, Prepaid Services
Upon certification of eligibility, and continuing eligibility, you will receive free voice services. This positive account balance will be applied every 30 days on the anniversary of your service activation. You must maintain an ACTIVE ACCOUNT every 60 days: by having voice call usage (inbound or outbound), by buying additional product, by responding affirmatively to our queries regarding your desire to continue to receive services. You may also elect to purchase additional services, including additional voice minutes, text plans, etc. When purchasing prepaid services, you are responsible for prepaying all charges for using the service. The balance in your prepaid account is reduced by the charges attributable to your use of the service. You must keep a positive balance in your prepaid account to continue using the service. Anyone who purchases or uses the service, with or without the purchaser’s consent is considered a user and subject to the Terms of Service.
International Calls
enTouch Wireless Lifeline subscribers who enroll in the Lifeline program with International calling after October 8, 2021 are permitted to make International Long Distance (“ILD”) calls from the United States to Canada, Mexico, the United Kingdom, India, China, Vietnam, and South Korea. The list of destination countries may change from time-to-time and we will update these Terms & Conditions when that occurs. Voice minutes for international calls are deducted at the same rate as for domestic calls. To place an international call, you will need to dial the ILD access number and follow the instructions. When placing international calls, you may experience connection failures more frequently than during calls made within the United States. enTouch Wireless will not credit minutes for incomplete or dropped calls. International calling may not be available until the next business day after you initiate Service with enTouch Wireless or change your phone number.
For all other destinations, international calling is not available with any enTouch Wireless service plan. International dialing to these destinations will be blocked during account setup, but there is no guarantee that all international calling can be blocked from your handset. If you attempt to make an unpermitted international call and are successful, we may suspend all your voice services for the remainder of the billing cycle, except for emergency calls where available. Subscribers may purchase airtime during this suspension for placing international calls. Incoming international calls are billed at the same rate as domestic calls. Outgoing international calls can be made as described above.
Service Limits and Coverage Maps
Service is available to your handset only when it is within the range of our system or of an operator with which we have an applicable agreement. Coverage maps you may have viewed are only estimates; actual service coverage and service quality may vary, and are not guaranteed under the Terms of Service.
Misuse of Lifeline Service
You have certified your eligibility to receive free services under the federally funded Lifeline program. If your eligibility to participate in this program changes, you agree to immediately notify enTouch Wireless at 1.866.488.8719. Service is provided at our discretion and if Terms of Service are violated we can terminate your wireless service without any further notification or obligation to you.
Changes to Rates and Fees
All rates and fees are subject to change without notice. Service provided is subject to our business policies, which can change without notice. Click Here for current rates and information. For Customer Support, call 1.866.488.8719. To dispute charges you must notify us within 15 days of the date of the disputed call. Terms of Service can be modified without notice.
Exchange Policy
Defective handsets or other defective equipment provided at no cost to you may be eligible for exchange. This policy does not apply to breakage caused by customer negligence or water damage. Note that the exchange policy, including the number of days for exchange, may be changed without notice and the policy may not apply to certain products. To exchange a defective handset, please call Customer Support at 1.866.488.8719 to obtain a Return Authorization and shipping instructions. You must return the product at your expense, complete with all accessories that came with the handset, in the original box with all materials and package inserts within 30 days of receiving the handset. Phones returned after 30 days will require a replacement fee of $25.00-$99.00 depending on the device before the replacement phone is mailed. The replacement fee may be paid by sending a money order or prepaying via credit card. Upon enTouch Wireless’ receipt of the returned product, enTouch Wireless will ship you the replacement handset. Any other disputes should be handled by Customer Support. If you do not dispute any charge on your account prior to its going inactive or within 30 days of the date of the receipt, whichever comes first, you give up your right to dispute.
Concerns, Complaints or Disputes
If you have questions, concerns, comments or complaints, please contact enTouch Wireless at support@enTouchwireless.com or call Customer Support by dialing 611 from your cell phone (does not use your Lifeline minutes) or dialing 1.866.488.8719 from another phone.
Applicable Time Frames: If disputing charges, you must notify enTouch Wireless within 15 days of the date of the disputed call. If you do not dispute any charge on your account prior to the account going inactive or within 30 days of the date of the charge or the date of receipt a replacement phone, whichever comes first, you give up your right to dispute.
State Commission Contact: After contacting enTouch Customer Support and before proceeding to Arbitration, you may also contact the applicable state commission or contact who are also committed to addressing customer concerns and complaints.
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Arkansas Corporation Commission
1000 Center Street
Little Rock, Arkansas 72201-4314P.O. Box 400
Little Rock, Arkansas 72203-0400- Phone: 501.682.1718
- Arkansas Toll Free: 1.800.482.1164
- Email: Consumer Services Contact Form
(For Questions or Complaints about Utility Services)
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Arizona Corporation Commission
Phoenix Office:
1200 W. Washington St.
Phoenix, AZ 85007- Within Metro Phoenix: 602.542.4251
- Phoenix Toll Free: 1.800.222.7000
- Web: Click Here
Tucson Office:
400 W. Congrees
Suite 218
Tucson, AZ 85701- Within Metro Tucson: 520.628.6550
- Tucson Toll Free: 1.800.535.0148
- Web: Click Here
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California Public Utilities Commission
Consumer Affairs Branch
505 Van Ness Avevenue, Room 2003
San Francisco, CA 94102- Toll Free: 1.800.649.7570 (8:30 AM to 4:30 PM, Monday through Friday)
- California Relay Service: 711
- California Relay Service Provider: use on of the toll-free language-specific numbers below to be routed to the California Relay Service Provider.
Type of Call Language Toll-free 800 Number TTY/VCO/HCO to Voice English
Spanish1-800-735-2929
1-800-855-3000Voice to TTY/VCO/HCO English
Spanish1-800-735-2922
1-800-855-3000From or to Speech-to-Speech English
Spanish1-800-854-7784 - Web: Click Here
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Colorado Public Utilities Commission
Consumer Affairs
1560 Broadway
Suite 250
Denver, CO 80202- Phone: 303.894.2070
- Toll Free: 800.456.0858
- Fax: 303.894.2532
- Email: dora_puc_complaints@state.co.us
- Web: Colorado PUC Consumer Assistance
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Georgia Public Service Commission
Consumer Affairs Unit
244 Washington St. SW
Atlanta, GA 30334-9052- Metro Atlanta: 404.656.4501
- Toll Free in Georgia (outside Metro Atlanta): 800.282.5813
- Fax: 404.656.2341
- Email: gapsc@psc.state.ga.us
- Web: Click Here
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Indiana Utility Regulatory Commission
Consumer Affairs Division
PNC Center, Suite 1500 East
101 W. Washington Street
Indianapolis, IN 46204- Toll Free in Indiana: 800.851.4628
- Phone: 317.232.2712
- Web: Click Here
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Kansas Corporation Commission
Office of Public Affairs & Consumer Protection
1500 SW Arrowhead Rd.
Topeka, KS 66604- In Topeka: 785.271.3140
- Toll Free: 800.662.0027
- Hearing or Speech Impaired at TDD Kansas Relay Center: 800.766.3777
- Web: Click Here
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Minnesota Public Utilities Commission
121 7th Place E.
Suite 350
Saint Paul, MN 55101-2147- Consumer Assistance: 651.296.0406
- Administration: 651.296.7124
- Toll Free: 800.657.3780
- Fax: 651.297.7073
- Web: Click Here
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Mississippi Public Service Commission
P.O. Box 1174
Jackson, MS 39215-1174- Phone: 601.961.5469
- Web: Click Here
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Nevada Public Utilities Commission
1150 E. William St.
Carson City, NV 89701-3109- Phone: 775.684.6101
- Fax: 775.684.6110
- Web: Click Here
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Oklahoma Corporation Commission
P.O. Box 52000
Oklahoma City, OK 73152-2000- Phone:405.521.2331
- Toll Free in Oklahoma: 1.800.522.8154
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Oregon Public Utility Commission
Consumer Services Section
P.O. Box 1088
Salem, OR 97308-1088- Toll Free in Oregon: 1.800.522.2404
- TTY: 1.800.648.3458
- Web: Click Here
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Pennsylvania Public Utilities Commission
Bureau of Consumer Services
PO Box 3265,
Harrisburg, PA 17105-3265- Local: 1.717.783.1740
- Toll Free: 1.800.692.7380
- Web: Click Here
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Puerto Rico Telecommunications Regulatory Board
You also have the right to seek review before the Telecommunications Regulatory Board of Puerto Rico. Their contact information is below.
Public Service Office
PO Box 190870,
San Juan, PR 00919-0870- Phone: 787.756.1919
- Web: Click Here
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Rhode Island Public Utilities Commission
89 Jefferson Blvd.
Warwick, RI 02888- Phone: 401.941.4500
- Fax: 401.941.8827
- Web: Click Here
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Washington State Office of the Attorney General
Consumer Protection
800 5th Ave.
Suite 2000
Seattle, WA 98104-3188- Phone: 206.464.6684
- Toll Free in Washington: 800.551.4636
- Washington State Relay Service for the Hearing Impaired: 800.833.6388
- Web: Click Here
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Wyoming Public Service Commission
2515 Warren Ave.
Suite 300
Cheyenne, WY 82002- Phone: 307.777.7427
- Fax: 307.777.5700
- Web: Click Here
Arbitration
Any dispute arising out of the Agreement or relating to the Services and Equipment must be settled by arbitration administered by the American Arbitration Association in Des Moines, Iowa. Information regarding this procedure may be found at www.adr.org. Each party will bear the cost of preparing and prosecuting its case. We will reimburse you for any filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court having jurisdiction. The arbitrator has no power or authority to alter or modify the Agreement, including the foregoing Limitation of Liability section. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. This provision is subject to the Federal Arbitration Act.
You maintain your right to file a complaint with the applicable state commission regarding the service provided and/or charges imposed by enTouch Wireless. Nothing in this paragraph or this agreement in any way eliminates or abridges that right. Please see ‘Concerns, Complaints or Disputes’ for more information before proceeding to Arbitration.
Georgia Residents: Arbitration is the method for settling any dispute unless otherwise agreed to by both parties. Arbitration will be held in Georgia unless otherwise agreed to by the parties.
No Warranties by enTouch Wireless
ENTOUCH WIRELESS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENTOUCH WIRELESS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY.
Termination of Access
enTouch Wireless may terminate your access without notice, for any conduct that enTouch Wireless, in its sole discretion, believes to be harmful to individual users, enTouch Wireless or any of its affiliates, or any rights of enTouch Wireless or any third party, or to violate applicable laws.
California Lifeline Plans (California only)
enTouch Wireless has been approved by the California Public Utilities Commission as a California LifeLine Program provider. This benefit program is available to eligible California low-income households and is funded by the State of California. The California LifeLine plan offerings enTouch has available are:
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- 1100 FREE Monthly Minute Plan (California LifeLine): This plan offers 1100 minutes/units per month for voice and text. LifeLine free minutes are automatically posted each month on the LifeLine customer’s service date. There is no roll over of minutes/units. Consumers may choose to supplement their plan with additional units (voice, text or data) or upgrade to the Unlimited Plans at any time in local retail outlets or by calling enTouch Wireless Customer Service. (This offering meets the California unbundled offering requirement.) Voice or data may be added with Airfair top-up cards.
- $5 for 250 Talk / Text Units
- $10 for 250 Talk / Text Units, plus 3/4 GIG of Data
- $20 for Unlimited Talk / Text Units, plus 1 GIG of Data
- $30 for Unlimited Talk / Text Units, plus 1.5 GIG of Data
- $50 for Unlimited Talk / Text Units, plus 4.5 GIG of Data
- 1100 FREE Monthly Minute Plan (California LifeLine): This plan offers 1100 minutes/units per month for voice and text. LifeLine free minutes are automatically posted each month on the LifeLine customer’s service date. There is no roll over of minutes/units. Consumers may choose to supplement their plan with additional units (voice, text or data) or upgrade to the Unlimited Plans at any time in local retail outlets or by calling enTouch Wireless Customer Service. (This offering meets the California unbundled offering requirement.) Voice or data may be added with Airfair top-up cards.
(Airfair top-up cards are not Lifeline or California LifeLine products, but are available to all subscribers. Airfair top up prices shown are standard retail prices.)
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- Unlimited Voice & Text Plan (California LifeLine): This plan offers unlimited minutes/units per month for voice and text plus 1/2 GIG of data. The Unlimited Voice & Text Plan can be purchased at local retail outlets or by calling Customer Support by dialing 611. This plan is effective for 30-days with no roll over of minutes/units from the date the plan is loaded on your enTouch phone, which may differ from your LifeLine customer’s service date). Additional data may be added with Airfair top-up cards:
- $5 for 1/4 GIG of Data
- $10 for 3/4 GIG of Data
- $20 for 1 GIG of Data
- $30 for 1.5 GIG of Data
- $50 for 4.5 GIG of Data
- Unlimited Voice & Text Plan (California LifeLine): This plan offers unlimited minutes/units per month for voice and text plus 1/2 GIG of data. The Unlimited Voice & Text Plan can be purchased at local retail outlets or by calling Customer Support by dialing 611. This plan is effective for 30-days with no roll over of minutes/units from the date the plan is loaded on your enTouch phone, which may differ from your LifeLine customer’s service date). Additional data may be added with Airfair top-up cards:
(Airfair top-up cards are not Lifeline or California LifeLine products, but are available to all subscribers. Airfair top up prices shown are standard retail prices.)
Plan includes handset (subject to the Company’s Handset Policy). Customer may, instead, use the customer’s own handset for one-time “Bring-Your-Own Device (“BYOD”) fee of $15. This fee includes SIM card, plus three consecutive months of 1/4 GIG of data in addition to data included in plan. BYOD customer may purchase 1/4 GIG data package for each subsequent consecutive three-month period for $5. BYOD California LifeLine customers who subscribe to the Unlimited Voice & Text Plan on a BYOD basis will receive a $10 Company-funded discount off price for Airfair top-ups having a standard retail value of $20 or more.
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- California Tribal Plan: This plan offers residents of Tribal lands unlimited minutes/units per month for voice and text plus 2.5 GIG of data at no cost to the customer. LifeLine free minutes are automatically posted each month on the LifeLine customer’s service date. There is no roll over of minutes/units. This is the FREE SERVICE plan for eligible California LifeLine subscribers that are residents of Tribal lands. Tribal plan is only available to qualified residents of Tribal lands in federally-recognized Tribal areas where the Company is eligible to receive federal “Enhanced Lifeline” support and for which the Company has received authorization from the Tribal authority. Additional data may be added with Airfair top-up cards:
- $5 for 1/4 GIG of Data
- $10 for 3/4 GIG of Data
- $20 for 1 GIG of Data
- $30 for 1.5 GIG of Data
- $50 for 4.5 GIG of Data
- California Tribal Plan: This plan offers residents of Tribal lands unlimited minutes/units per month for voice and text plus 2.5 GIG of data at no cost to the customer. LifeLine free minutes are automatically posted each month on the LifeLine customer’s service date. There is no roll over of minutes/units. This is the FREE SERVICE plan for eligible California LifeLine subscribers that are residents of Tribal lands. Tribal plan is only available to qualified residents of Tribal lands in federally-recognized Tribal areas where the Company is eligible to receive federal “Enhanced Lifeline” support and for which the Company has received authorization from the Tribal authority. Additional data may be added with Airfair top-up cards:
(Airfair top-up cards are not Lifeline or California LifeLine products, but are available to all subscribers. Airfair top up prices shown are standard retail prices.)
Plan includes handset (subject to the Company’s Handset Policy). Customer may, instead, use the customer’s own handset for one-time “Bring-Your-Own Device (“BYOD”) fee of $15. This fee includes SIM card, plus three consecutive months of 1/4 GIG of data in addition to data included in plan. BYOD customer may purchase 1/4 GIG data package for each subsequent consecutive three-month period for $5. BYOD California LifeLine customers who subscribe to the California Tribal Plan on a BYOD basis will receive a $10 Company-funded discount off price for Airfair top-ups having a standard retail value of $20 or more.
Initial Phone Activation Fee (California only)
enTouch Wireless will charge an Initial Phone Activation Fee for the processing of the initial application paperwork and initial phone activation of $39 for California LifeLine recipients.
A Phone Activation Fee* of $39 will be charged for California non-LifeLine consumers choosing enTouch Wireless service. The fee does not apply to phone upgrades or replacements.
*If the customer is approved for California LifeLine, the California LifeLine participant may be eligible for a waiver. The waiver is funded by the California LifeLine program and is available for no more than a total of two wireless service activations (whether with the Company or any other wireless service provider) per household per continuous twelve-month period. Eligibility for a waiver is subject to confirmation of eligibility by the California LifeLine program administrator.
enTouch Wireless offers only pre-paid service with no overage fees.