Wireless Service Agreement
Last Updated: 11.18.25
This Wireless Service Agreement (this “Agreement”) governs the provision of the Services and/or Devices by Advantix ScanSource, LLC including any affiliates and/ or partner organizations (“Advantix” or “we,” “us,” or “our”) to you (“your,” “customer,” or “end user”) and your use of the Services and/or Devices. The complete Agreement between you and Advantix consists of:
- this Agreement, including but not limited to the Acceptable Use Policy;
- any terms of service, terms and conditions, or other requirements associated with or contained within any applicable Service Agreement(as defined below);
- our Privacy Policy, available at advantixsolutions.com/privacy/;
- any other policies or documents incorporated herein or therein by reference.
To the extent that any provision or clause in this Agreement conflicts with any provision or clause of our more specific policies or a specific Service Agreement to which you are a party, the terms of that agreement will govern. Please consult your Service Agreement for detailed information about the services provided to you. This Agreement describes the full range of services offered by Advantix; however, not all of these services may apply to you. Any tariff we may have filed with a state commission is for informational purposes only. To the extent that any provision of a tariff is inconsistent with the terms of the Agreement, the terms of the Agreement shall apply and the terms of the tariff shall not apply. “Service Agreement” means any Master Services Agreements, accompanying Schedules, Statements of Work, service order forms, commercial Account forms, letters of agency/agreements, or any other agreements relating to specific Services entered into by you and us.
Other state-specific terms and conditions at the end of this document may apply to you depending on your state of eligibility.
PLEASE READ THIS AGREEMENT CAREFULLY as it contains important information about your rights and obligations related to the Services and/or Devices we provide to you. This Agreement: (1) limits our liability and the remedies available to you in the event of a dispute; (2) permits us to terminate, suspend, modify, or limit the Services at any time, without prior notice, and for any reason, including your violation of this Agreement; and (3) reserves our right to modify this Agreement at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on our website, which you should check regularly for updates.
THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: (a) initiate, contract for, order, receive, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement or any Service Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate the Services. If you disagree with any of the terms or conditions stated herein, do not initiate Services with us, or contact your dedicated Account management team immediately. We may deny requests to initiate, contract for, order, receive, enroll in, or subscribe to our Services for any lawful reason. The offer, provisioning, and delivery of the Services and/or Devices are subject at all times to (1) the receipt by Advantix of all required approvals and/or authorizations from regulatory agencies having jurisdiction over the Services and/or Advantix, and (2) the ongoing provision of voice, data, and/or electronic communications services from Advantix’s underlying carrier(s) and third-party provider(s).
1. Termination and changes
1.1. Your Termination Rights
You may terminate your Service Agreement pursuant to the terms and conditions outlined in your applicable Service Agreement. However, you agree to pay Advantix for all fees, charges, and other amounts such as incidentals, overages and late-payment fees incurred up to that point. No refunds will be provided such as a pro-rata amount for Services not used in a given billing period. Notwithstanding the foregoing, any deposits paid as part of a standard rate plan (deposits do not apply to prepaid/ rental plans) shall be considered refundable starting on the thirteenth (13th) month of continuous service, however, Advantix reserves the right to deduct any amounts you have incurred and owe to Advantix from this amount. Deposit amounts and specific terms shall be provided separately on each service quotation supplied at the time of purchase.
1.2. Our Suspension, Cancellation, and Termination Rights
Advantix may terminate this Agreement for any or no reason upon thirty (30) days written notice to you. Additionally, we may, at any time, with or without prior notice, and at our sole discretion, interrupt, terminate, suspend, modify, or limit the Services if:
a) we know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, including but not limited to the Acceptable Use Policy, any of our other policies or terms and conditions, any Service Agreement, and/or the terms and conditions of the Account;
b) we know or suspect you used or attempted to use false or fraudulent means to obtain our Services;
c) we know or suspect you violated or attempted to violate any applicable laws or regulations;
d) we know or suspect that you have committed a criminal or harmful act against us or any of our employees or agents;
e) we know or suspect you are using our Services for fraudulent purposes;
f) we know or suspect you have engaged in improper, illegal, or unauthorized use of your Device or Services;
g) your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with the Services;
h) you provide inaccurate or misleading credit information, your credit has deteriorated, you become insolvent or bankrupt, or we otherwise believe that there is a risk of non-payment;
i) your actions expose us to sanctions, prosecution, civil action, or other liability;
j) your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our underlying carrier(s) and third-party provider(s);
k) your actions interfere with another customer’s ability to use the Services;
l) your actions otherwise present an imminent risk of harm to us or our customers;
m) we discover you are under 18 years old and therefore incapable of contracting for goods and services;
n) you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or your Device;
o) we are ordered to do so by any federal or state government entity with authority to do so;
p) a condition immediately dangerous or hazardous to life, physical safety, or property exists;
q) we cease to provide Services in your area;
r) you breach and fail to cure any of the terms and conditions of any applicable Service Agreement; or
s) for any other operational or governmental reason.
Advantix’s rights under this Section 1.2 are in addition to any specific rights that we reserve in other provisions of this Agreement or any Service Agreement to interrupt, suspend, modify, cancel, or terminate the Services and terminate your Agreement.
We may terminate or suspend Data Services and/or Voice Services individually or collectively. Repeated suspension may result in termination of this Agreement. Upon termination, any unused allotments will expire, and you will not receive a refund. Additionally, upon termination, we may reassign the phone number you were using to another customer without notice. We may modify the Services at any time, including by adding, removing or modifying features or by changing your Account. We are not liable for any harms that may result from termination, suspension, modification, and limitations of the Services and you will not receive a refund or credit from us for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.
1.3. Changes to Terms and Rates
From time to time, we might make changes to this Agreement. This could include changes to the terms governing charges, discounts, coverage, and technologies. We commit that we will provide you with notice either in your monthly statement or separately at least thirty (30) days before we make any materially adverse change. For example, if we increase your rate plan or the price of any of the Services more than what we’ve previously told you, those would be materially adverse changes. Not all changes are materially adverse. For example, here is a non-exhaustive list of some changes that are not materially adverse: (1) increases to fees and taxes imposed by the government or primary network operator/ owner and passed on to you; and (2) changes to surcharges and regulatory cost recovery charges that do not exceed the limits set forth in your Agreement. If we make a materially adverse change during the term of Service, you can cancel the impacted Services by providing notice in writing. Cancellations may be subject to early termination fees and/or other penalties agreed to in writing.
2. Services
2.1. Description of Services
Advantix’s wireless services consists of (a) “Data Services” which may include wireless data and mobile internet access, SMS messaging, VPN, and other wireless data functions and/or (b) “Voice Services” which may include mobile voice, SMS messaging, caller ID, call waiting, and three-way calling, and other wireless voice functions (collectively, the “Services”). The Services are a wireless solution that provides access to Data Services and/or Voice Services through our underlying nationwide carrier(s) via a SIM or eSIM, depending on your applicable Service Agreement. The Services may be used with a mobile device that contains a SIM or eSIM that may be purchased through Advantix and may be assigned to your Account by Advantix (a “Device” or your “Device”). “Account” means the specific suite of Services that you receive as part of Services plan you purchase and/or enter into pursuant to any applicable Service Agreement. Please consult your Service Agreement for detailed information about the services provided to you under your Account. This Agreement describes the full range of services offered by Advantix; however, not all of these services may apply to you. For example, your Service Agreement may include only Data Services, only Voice Services, or both.
2.2. Accounts
Except as otherwise described in this Agreement, you must have an Account in order to utilize the Services. Account availability, rates, and allotments may vary by Service Agreement, state, or other factors, and are subject to change without notice at any time. You may not be eligible for certain Accounts or rates. Accounts that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling are non-refundable, cannot be transferred to any third party (including another Advantix account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion. Account changes are usually effective at the start of the next monthly service renewal date. Please consult your Service Agreement for detailed information about your Account.
2.3. Data Services
2.3.1. General Terms
Please check your Service Agreement for details on data services, as not all features may apply to you. Advantix provides wireless Data Services, including but not limited to, features that may be used with Data Services and wireless content and applications. The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for permitted activities. Pricing and data allowances for Data Services are device dependent and based on the capabilities and capacity of each Device.
For Data Services with a monthly megabyte (MB) or gigabyte (GB) data allowance, once you exceed your monthly data allowance you will be automatically charged for overage as specified in the applicable rate plan. All data allowances, including overages, must be used in the billing period in which the allowance is provided. Unused data allowances will not roll over to subsequent billing periods.
Advantix data plans may be specific to a certain device-type, depending on the Service and Device combination being subscribed to. In most cases, a data plan designated for one type of device may not be used with another type of device. For example, a data plan designated for use with a basic phone or a Smartphone may not be used with a LaptopConnect card, tablet, or stand-alone Mobile Hotspot device, by SIM card transfer, or any other means.
ADVANTIX RESERVES THE RIGHT TO TERMINATE YOUR DATA SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF THE SERVICE AGREEMENT.
2.3.2. Data Plan Requirements
An eligible tiered pricing data plan may be required for certain Devices. Eligible tiered pricing data plans cover data usage in the Advantix coverage area and do not cover data usage and charges outside of this area. If it is determined that you are using a designated Smartphone without an eligible tiered data plan, Advantix reserves the right to switch you to the required plan or plans and invoice you the appropriate monthly fees. In the case of the tiered data plan, you will be placed on the data plan which provides you with the greatest monthly data usage allowance. Depending on your applicable Service Agreement, if you determine that you do not require that much data usage in a month, you may request a lower data tier at a lower monthly recurring fee.
2.3.3. Data Usage Calculation
DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO THE NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALLY AND REGULARLY SENDS AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION AND LOCATION-BASED SERVICES CONNECT TO THE NETWORK, AND SEND AND RECEIVE UPDATED INFORMATION SO THAT IT IS AVAILABLE TO YOU WHEN YOU WANT TO ACCESS IT. IN ADDITION, ANY ADVERTISEMENTS OR ADVERTISER-RELATED MESSAGES OR DATA DELIVERED TO YOUR DEVICE, AS WELL AS ANY MESSAGES OR CONTENT THAT INITIATE IN RESPONSE TO AN ADVERTISEMENT, WILL COUNT TOWARD YOUR DATA USAGE. YOU WILL BE BILLED FOR ALL DATA TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT. A DATA SESSION INITIATED ON THE ADVANTIX NETWORK WILL CONTINUE ITS CONNECTION OVER THE ADVANTIX NETWORK UNTIL THE DATA TRANSMISSION IS CONCLUDED, EVEN IF YOU CONNECT TO A WI-FI NETWORK DURING THE TRANSMISSION.
Unless designated otherwise, prices and included use apply to access and use on Advantix’s wireless network and the wireless networks of other companies with which Advantix has a contractual relationship within the Advantix coverage area.
Usage on networks outside the Advantix coverage area may be limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the customer. Mobile Broadband and 4G access requires a compatible device.
Data Services charges paid in advance for monthly or annual Data Services are nonrefundable. Some Data Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. Prices do not include taxes, directory assistance, roaming, universal services fees or other surcharges.
In order to assess your usage during an applicable billing period, you may obtain approximate usage information by contacting your dedicated Account management team.
2.4. Voice Services
Please consult your Service Agreement for detailed information about the voice services provided to you. This Agreement describes the full range of voice-related features offered by Advantix; however, not all of these features may apply to you. All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our underlying carrier(s) and third-party provider(s), use talk minute allotments, including calls to toll-free numbers, but excluding 911 emergency calls, calls to your dedicated Account management team, and other calls specified herein. Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full minute at the end of each call. We do not allow free calls to our other customers. Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection from the caller is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. Call length information displayed on your Device may not be accurate for calculating use of voice allotments.
For simultaneous calls (incoming call waiting calls and 3-ways calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle. No credit or refund is given for dropped calls. Voice and text allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Advantix account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your Account, you will not be able to access the Services and you will forfeit and are not entitled to a full or partial refund for any unused allotments. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion.
Depending on your Service plan, if you use your full talk, text, or data allotment before the start of a new monthly cycle, you will be charged for any overage as specified in the applicable Service plan, or the Services associated with that allotment may be suspended for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and your dedicated Account management team. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, we are not responsible for any costs, losses, or damages caused by such interruptions, including costs incurred to reestablish communications. You may check your allotment balances at any time free of charge by contacting us. You are responsible for all usage of allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge. Unused Service plan allotments expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service plan.
3.Devices and Content
3.1. Your Device
Your Device must be compatible with, and not interfere with, the SIM or eSIM and the Services and your use of such must comply with all applicable laws, rules, and regulations. We may require certain device settings to be configured in a way that allows the Services to function properly. In these instances, Advantix will provide the necessary documentation, guidance, and/or instructions in a format determined by Advantix. Some device manufacturers will no longer pre-load certain applications into the device memory. As a result, Advantix may remotely pre-load certain applications to your device at activation and periodically update those applications. You can delete any application that Advantix remotely pre-loads on your device. In most cases, pre-loading of applications is done-so at your direction and based on Your requirements.
You agree that you won’t make any modifications to your Device or its programming to enable the Device to operate on any other system. Advantix may, at its sole and absolute discretion, modify the programming to enable the operation of the Device on other systems.
You are solely responsible for complying with U.S. Export Control laws and regulations and the import laws and regulations of foreign countries when traveling internationally with your Device.
3.2. Loss, Theft, Damage, or Destruction
Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your wireless Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. You may be responsible for all charges incurred as a result of any use of your Device until you report the loss or theft and request that we suspend the Services. You’re generally not liable for charges you did not authorize, but the fact that your Device incurred usage is evidence that the usage was authorized. Once you report to us that the Device is lost or stolen, you will not be responsible for subsequent charges incurred by that Device.
You can report your Device as lost or stolen and suspend Services without charge by contacting your dedicated Account management team. If there are charges on your statement for calls made after the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. You may submit documents, statements and other information to show any charges were not authorized. You may be asked to provide information and you may submit information to support your claim. We will advise you of the result of our investigation within thirty (30) days. Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any fees and charges, and any other obligations that you are responsible for under any other agreements that are in effect between us and you. (California Customers see Section 8.1.1 “California: What if there are Unauthorized Charges Billed to My Device?” below.)
3.3. Software Updates
We may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s SIM or eSIM card, without notice, to address security, safety, or other issues that may impact the Service, our underlying carrier(s) and third-party provider(s)’ network(s), or your Device. These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; how you have programmed your Device; or how you are able to use your Device. We are not responsible for lost data or functionality. While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including to contact 911 or other emergency services.
3.4. Device Software, Content, and Applications
Your Device may include or enable access to software, content, and applications (“Content”) provided by Advantix or third parties. This Content may come preinstalled, be downloaded, or accessed through our Services, and can include items such as ringtones, graphics, games, news alerts, and other applications. All Content is licensed—not sold—for your lawful use in connection with your Device and our Services. Additional license terms may apply depending on the Content provider, and your use must comply with those terms, this Agreement, and all applicable laws.
You may not copy, decompile, reverse engineer, disassemble, modify, sublicense, rent, sell, broadcast, publicly perform, or create derivative works from any software or Content. All Content contains proprietary information owned by Advantix, its licensors, or third-party providers. We and our licensors reserve the right to update, modify, suspend, or terminate access to Content at any time without notice. The warranty disclaimers, limitations of liability, and indemnification provisions in this Agreement also apply to any Content.
You acknowledge that third-party Content accessed through your Device or our Services is the sole responsibility of the respective third-party provider. Such Content may be offensive, inaccurate, harmful, infringing, or otherwise unsuitable. Advantix does not control, endorse, or assume responsibility for any third-party Content and is not considered its publisher. When using third-party Content, you are subject to the provider’s terms and privacy policies. For assistance, contact the provider directly.
If you allow a minor to use your Device or our Services, you consent to their ability to access third-party Content and to share information with third-party providers. We recommend supervising minors’ use. While we may monitor or restrict access to certain Content, we are not obligated to do so and disclaim liability for third-party Content accessed or disseminated through your Device
3.5. Customer Proprietary Network Information (CPNI)
To process and bill for Content, your Customer Proprietary Network Information (CPNI) – which includes details such as service usage, call data, and location – may be shared with third-party Content providers. Under federal law, you have the right to withhold authorization and Advantix has a duty to protect your CPNI. The Services will not be affected if you choose to withhold this consent.
3.6. Content Purchases and Charges; Disputes and Refunds
You are responsible for all charges related to Content accessed or purchased through any Device assigned to or associated with your Account. This includes one-time purchases, subscriptions, and any associated data usage fees, which may appear on your billing statement – including charges made on behalf of third-party providers. Content may be delivered in multiple messages or downloads, and actual availability may vary depending on your Device’s capabilities. Charges may apply each time content is downloaded, and data rates may apply.
If your Device is used by others to make Content purchases, you are responsible for those charges. By allowing others to use your Device, you authorize them to (a) make purchases that will be billed to your Account; (b) consent to any required use of location or personal information for Content delivery; and (c) make any representations required for access to certain Content, including but not limited to age verification.
You are also responsible for reviewing your statements regularly to verify all Content-related charges. If you identify unauthorized charges or are dissatisfied with a purchase, you may dispute the charge and request a refund, subject to our review and sole discretion. Advantix reserves the right to deny refund requests we determine to be abusive, made in bad faith, or otherwise deficient, and may restrict future Content purchases or terminate your Account in such cases.
3.7. Wireless Device Location Information
Your wireless Device may be location enabled, which means the location of your Device can be determined by using the Global Positioning System (“GPS”), wireless network data, or other location technologies when your Device is turned on. Your location information may be used by us, our underlying carrier(s) and third-party provider(s), or third-party services, as described in our Privacy Policy, available at www.advantixsolutions.com. Additionally, your location information may be used by 911 and other emergency services, as described in Section 5.10. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 5.5 and 5.6. Your location information may be used to assist emergency services in finding you; however, always state the nature of your emergency and provide both your location and phone number when you make a 911 call, as, depending on a number of factors, the operator may not automatically receive this information from your Device or the information the operator receives may be inaccurate. Advantix is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided to emergency services. We cannot assure you that if you place a 911 call you will be found. 911 service may not be available or reliable and your ability to receive emergency services may be impeded.
Your location information may also be accessed and used by third-party Content and Applications (“Location-Based Services”). Please review the terms and conditions and privacy policies for each Location-Based Services to learn how your location information will be used and protected. We may also use your location information for the purposes described in our Privacy Policy, available at: www.advantixsolutions.com/privacy/. The use of certain Location-Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location enabled.
3.8. Unauthorized Modifications
You are not permitted to unlock, re-flash, tamper with, or otherwise alter your Device or any software embedded therein for any purpose. Your Device may have a software programming lock that protects certain of the Device’s operating parameters against unauthorized reprogramming.
3.9. Device Unlocking Policy
If you bought a Device from Advantix, it may have been programmed with a SIM or eSIM lock that prevents it from operating with other compatible wireless telephone carrier’s services. If you wish to use this Device with the service of another wireless telephone carrier, you must enter a numeric Unlock Code to unlock the phone. “Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network, even if that network is technologically compatible. It usually does not involve hardware changes and does not guarantee that a Device will be compatible with any particular carrier’s network or that all functionality of the Device will be enabled on any other network. Devices that work on the network(s) of our underlying carrier(s) and third-party provider(s) may not work with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access.
Advantix will, in its sole discretion, provide the Unlock Code upon request, provided that you meet certain criteria including, but not limited to the following: (a) you have paid for your Device in full; (b) your Account has been active for at least sixty (60) days and is in good standing (i.e., it has no past due amount or unpaid balance owed Advantix); (c) you have fulfilled the applicable term by expiration of any contractual term, upgrading to a new Device under Advantix’s standard or early upgrade policies, or payment of any applicable early termination fee; (d) your Device has not been reported lost or stolen; and (e) Advantix has the Unlock Code or can reasonably obtain it from the manufacturer. Advantix will unlock a maximum of five (5) phones per Account, per year. For further details on eligibility requirements and for assistance on obtaining the Unlock Code for your handset, please contact your dedicated Account management team.
As a reseller of wireless services, our unlocking policy may be subject to limitations imposed by our underlying carrier(s) and third-party provider(s). Additionally, we may deny a Device unlocking request if, in our sole discretion, we have a reasonable basis to believe that the request is an effort to defraud the company or its customers, or that the Device is stolen.
4.Charges, Billing and Payment
4.1. Charges, Fees, and Taxes
You are responsible for paying all one-time and recurring charges that result from your commercial relationship with us and from the use of our Services, whether accrued by you or by another person using your Device or Services. Charges may include, without limitation, airtime, roaming, recurring monthly service, activation and other one-time charges, administrative, and late payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call, and directory assistance charges; restoral and reactivation charges; any other charges or calls billed to your phone number; and applicable taxes and governmental fees, whether assessed directly on you or on Advantix.
To determine your primary place of use (“PPU”) and the appropriate jurisdiction for tax assessment, you must provide us with your residential or business street address. If you do not provide this address, or if it falls outside our licensed Services area, we may reasonably assign a PPU within the licensed Services area on your behalf. You must reside and maintain a mailing address within Advantix’s network coverage area.
4.2. Billing and Payment
Except as provided below, monthly Services and certain other charges are billed one month in advance on or around the fifth (5th) of each calendar month following order shipment. These charges are not prorated if the Services are terminated on a day other than the last day of your billing cycle. Notwithstanding the foregoing, usage and certain other charges such as adjustments, credits, pro-rations, and late fees are billed to you in arrears. You agree to pay for all services used with your Device, including any and all applicable surcharges. Usage costs, when applicable, are billed in arrears for all plan types and include applicable surcharges. Prepaid or rental plans will not incur a monthly rate plan charge. If your Equipment is shipped to you, the Services may be activated before you take delivery of the Equipment so that you can use it promptly upon receipt. Thus, you may be charged for Services while your Equipment is still in transit.
Note: Depending on your Service plan, some of the following may not apply. For instance, data-only plans do not incur airtime charges. Airtime and other measured usage (“Chargeable Time”) is billed in full-minute increments, rounding up to the next full minute at the end of each call. Advantix charges for every fraction of the last minute of airtime used on each call. Unless specified in your plan, minutes will be used in the following order: Night and Weekend Minutes, Mobile-to-Mobile Minutes, Anytime Minutes, and Rollover Minutes. However, minutes from both a limited and an unlimited package will not be deducted from the limited package. Chargeable Time starts when you press SEND (or similar key) for outgoing calls, or when a connection is established for incoming calls. It ends after you press END (or similar key), but not until our facilities confirm the call disconnect signal.
All outgoing calls for which we receive answer supervision or which have at least thirty (30) seconds of Chargeable Time, including ring time, shall incur a minimum of one (1) minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began.
DATA TRANSPORT OR USAGE IS CALCULATED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT OR USAGE IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. ADVANTIX CALCULATES A FULL KILOBYTE OF DATA TRANSPORT/USAGE FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT/USAGE USED ON EACH DATA SESSION. TRANSPORT OR USAGE IS BILLED EITHER BY THE KILOBYTE (“KB”) OR MEGABYTE (“MB”). IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE BILLING. IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED TO DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, AS DISCUSSED IN MORE DETAIL IN SECTION 2.3.3.
If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime, data, or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may invoice you in a format as we determine from time to time. Additional charges may apply for additional copies of your statement, or for detailed information about your usage of Services.
Delayed Billing: Billing of usage for calls, messages, data or other Services (such as usage when roaming on other carriers’ networks, including internationally) may occasionally be delayed. Such usage charges may appear in a later billing cycle, will be deducted from monthly minutes or other Services allotments for the month when the usage is actually billed, and may result in additional charges for that month. Those minutes will be applied against your monthly minutes in the month in which the calls appear on your statement. You also remain responsible for paying your monthly Service fees if the Services are suspended for nonpayment. We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion.
5. Services Features, Limitations, and Communications
5.1. General Limitations on Services and Liability
Unless prohibited by law, the following limitations of liability apply. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, internet access from your compatible Device and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third-party terms and conditions and may require separate purchase from and/or agreement with the third-party provider. Advantix is not responsible for any consequential damages caused in any way by the aforementioned hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Advantix is not responsible for loss, theft, or disclosure of any sensitive information you transmit. Advantix’s wireless services are not equivalent to wireline internet. Advantix is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. Advantix MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL ADVANTIX BE LIABLE FOR ANY:
a) act or omission of a third party;
b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
c) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
d) claims against you by third parties;
e) damage or injury caused by a suspension or termination of Services or Software by Advantix; or
f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Unless prohibited by law, Advantix isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through Advantix, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold Advantix and its officers, directors, employees, partners, affiliates and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Advantix or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), or any violation by you of this Agreement. This obligation shall survive termination of the Services or your Account. Advantix is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON’T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5.2. Account Access
You can access your customer Account information by contacting your dedicated Account management team and providing necessary authentication information. You will only be able to access CPNI by providing a password associated with your Account. If you are not able to provide a password, we can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your Account. If you authorize another person to access your Account or provide such person with your authentication information, those individuals may be permitted to make changes to your Account. You authorize us to provide information about and make changes to your Account, including changes to the Account and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you, and we take no responsibility for those changes. To protect the security of your CPNI, your password should be unique and complex. You should not provide your Account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your Account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.
You may authorize or approve another user to access your Account (an “Authorized User”). Doing so authorizes us to provide the Authorized User with information about, and access to, your Account. Authorized Users include:
a) A person authorized by you to act on your behalf with respect to your Account when the person is in a retail store;
b) A person who calls into your dedicated Account management team and provides sufficient Account information; and
c) A person who registers for secondary access to your Account in Advantix’s system, provides sufficient Account information, and has access to a device that is billed to your Account.
Authorized Users can view your Account and payment information, make changes to the plans under your Account, purchase devices including via financing agreements, add new lines of service, and perform other Account functions. You are responsible for all changes made or actions taken by Authorized Users.
By taking these actions as your agent, Authorized Users authorize us to perform a credit check on you, share your credit information between us and our affiliates, and obtain a credit report on you from a consumer reporting agency.
You may remove an Authorized User at any time by contacting us. The removal will take effect after we have a reasonable opportunity to process the request. If
you remove an Authorized User, we recommend that you reset your Account passcode and online credentials.
You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.
5.3. Communications and Notices from Advantix
As the facilitator of your wireless service, we will need to communicate with you about the Services on occasion. We and our authorized agents may contact you by: statement message, text message, email, phone call, postal mail, in-app notification, push notification, or by other reasonable means, to advise you about the Services or other matters we believe may be of interest to you. We and our authorized agents may use any one or a combination of these methods of communication to convey important notices (for example, changes to this Agreement, to the Service, legal notices, etc.). You expressly consent on behalf of all the wireless lines on your Account to all such methods of communication regarding the Service, whether active or inactive.
Email and text messages to your Device are two of the primary methods that we use to contact you. The email address you provide at the time of ordering or Services activation is the email address we will use to communicate with you. You can update your email address by contacting your dedicated Advantix account management team. Notices from us to you are considered immediately delivered when we send them to your email address or by text message to your Device.
Statement messages and inserts are another key way we share information with you. If you have online billing, those notices will be deemed received by you when your online statement is available for viewing. If you get a paper statement, those notices will be deemed received by you three days after we mail the statement to you. Please do not overlook the important messages section of your statement.
5.4. Account Protection Measures
You should be aware of two fraudulent practices – Port-Out Fraud and SIM Swap Fraud– that could enable threat actors to take control of your Account without gaining physical control of your Device.
Port-Out Fraud. Port-Out Fraud involves the threat actor opening an Account with a wireless provider on your behalf and arranging for your phone number to be ported out (transferred) to the new Account.
SIM Swap Fraud. Your Device has a customer identity module (SIM) card, including a chip that identifies your phone number with that phone. SIM Swap Fraud happens when a threat actor convinces us to transfer the Services from your Device to the threat actor’s device.
We have implemented a number of measures to help you protect your Account against Port-Out Fraud and SIM Swap Fraud.
5.4.1. Customer Notification of Port-Out and SIM Change Requests
5.4.1.1. Port-Out Requests.
Upon receiving a port-out request, and before effectuating the request, we will provide you immediate notification that a port-out request associated with your Account was made, except if the port-out request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.
5.4.1.2. SIM Change Requests.
Upon receiving a SIM change request, and before effectuating the request, we will provide immediate notification you that a SIM change request associated with your Account was made, except if the SIM change request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.
5.4.2. Account Locks to Prevent Porting and SIM Change
5.4.2.1. Port Locks
5.4.2.1.1. Your Options to Activate and Deactivate Port Locks
You have the option, at no cost, to lock your Account to prohibit your number from being ported. We will not fulfill a port-out request until you deactivate the lock on the Account, except if the port-out request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.
To request a port lock, or to deactivate a port lock, please contact us at: [email].
5.4.2.1.2. Our Right to Activate a Port Lock
We may activate a port-out lock on your Account when we have a reasonable belief that you are at high risk of fraud, and if we do so we will provide your with clear notification that the Account lock has been activated with instructions on how you can deactivate the Account lock, and promptly comply with your legitimate request to deactivate the Account lock.
5.4.2.2. SIM Change Locks
5.4.2.2.1. Your Options to Activate and Deactivate SIM Change Locks
You have the option, at no cost, to lock your Account to prohibit us from processing requests to change your SIM. We will not fulfill a SIM change request until you deactivate the lock on the Account, except if the SIM change request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.
To request a SIM change lock, or to deactivate a SIM change lock, please contact us at: [email].
5.4.2.2.2. Our Right to Activate a SIM Change
We may activate a SIM change lock on your Account when we have a reasonable belief that you are at high risk of fraud, and if we do so we will provide you with clear notification that the Account lock has been activated with instructions on how you can deactivate the Account lock, and promptly comply with your legitimate request to deactivate the Account lock.
5.4.3. Process for Reporting Fraudulent Number Ports and Fraudulent SIM Changes
If you believe that you have been the victim of actual or attempted Port-Out Fraud or SIM Swap Fraud, please contact us immediately at [email].
We will promptly investigate and take reasonable steps within our control to remediate fraudulent number ports and fraudulent SIM changes.
Upon request, we will promptly provide you with documentation of fraudulent number ports or fraudulent SIM changes involving your Account.
5.5. Wireless Coverage
Advantix does not guarantee availability of the wireless network. Services may be subject to certain Device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
When outside Advantix’s coverage area, access will be limited to information and applications previously downloaded to or resident on your device.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
The availability of our wireless Services is subject to the geographic coverage area of our underlying carrier(s) and third-party provider(s) and their roaming partners. There may be locations within the estimated coverage area where actual coverage is limited, and you may experience interruptions or reductions in the quality of the Services, including due to interference from buildings, terrain, or foliage. Additionally, actual coverage at any given time may vary by the Services and be affected by factors beyond our control, as described in Section 5.6. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. We do not guarantee or warrant the coverage of the network(s) of our underlying carrier(s) and third-party provider(s) or their roaming partner(s). Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, customers should dial 911 from the nearest landline phone. Coverage maps and information may be updated periodically and without notice to reflect the current operations of our underlying carrier(s) and third-party provider(s) and its roaming partner(s).
5.6. Services Availability and Quality
In addition to factors that affect coverage, the availability and quality of the Services may be subject to certain “Service Limitations.” These include interruptions, delays, or reductions caused by various factors, such as weather and atmospheric conditions, physical obstructions, electromagnetic interference, use of the Services inside buildings or moving vehicles, your location relative to our coverage area, proximity to cell sites, cell site capacity, the number of other users connected to the same site, network congestion, the capabilities and compatibility of your Device, outages or issues on our underlying carrier(s)’ or third-party provider(s)’ network(s), and priority access for National Security and Emergency Preparedness personnel during emergencies. Once identified, we take reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by us, our underlying carriers and third-party providers, or interconnecting carries. We will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the internet and other data services. You acknowledge that the Services are provided over the nationwide wireless network(s) of our chosen underlying carrier(s) and third-party provider(s), and are subject to the availability and quality of their network(s). We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if the Services experiences Service Limitations for twenty-four (24) or more continuous hours by a cause within our control, and you notify us within seven (7) days of the Services issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.
5.7. Service Security and Optimization
Advantix DOES NOT GUARANTEE SECURITY OF THE SERVICES. Data encryption is available with some, but not all, Services sold by Advantix. If you use your Device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures.
We or our underlying carrier(s) and third-party provider(s) may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their customers and third parties; and (4) otherwise ensure the activities of some users do not impair our ability or the ability of our underlying carrier(s) and third-party provider(s) to provide their customers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:
a) discontinuing, blocking, or terminating certain categories of Services;
b) restricting, reducing, or limiting the amount of usage of the Services;
c) limiting data throughput speeds or quantities;
d) reducing the size of data transfers;
e) limiting, disabling, or preventing access to particular features;
f) blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;
g) limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our underlying carrier(s) and third-party provider(s) or changes in roaming agreements;
h) filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);
i) blocking calls to you at your request or to other called parties at their request;
j) blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to us, either directly or through your Account as a result of your use of or access to the service, feature, or content;
k) blocking hacking and other attempts for unauthorized access; and
l) blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage.
Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the internet and other data services.
5.8. Another Carrier’s Network (Off-Net Usage)
5.8.1. Voice
If your Account includes Voice Services, and if the use of minutes (including unlimited Services) on other carrier networks (“off-net voice usage”) during any two (2) consecutive months exceeds your off-net voice usage allowance, Advantix may, at its option, terminate your Account, deny your continued use of other carriers’ coverage or change your plan to one imposing usage charges for off-net voice usage.
5.8.2. Data
If you use Data Services on other carriers’ wireless networks (“off-net data usage”) your data usage may be subject to reduced speeds and additional charges. This may apply even if you are using an Advantix SIM, multi-carrier SIM or eSIM. For example, you travel outside of the Zone(s) which the Services you purchased were intended to operate in.
5.8.3. Messaging
If you use messaging services (including unlimited Services) on other carrier networks (“off-net messaging usage”) during any two (2) consecutive months exceed your off-net messaging usage allowance, Advantix may, at its option, terminate your messaging service, deny your continued use of other carriers’ coverage or change your plan to one imposing usage charges for off-net messaging usage.
5.8.4. Notice
If Advantix determines to suspend or terminate your access, deny your usage of other carrier’s coverage, or change your plan to a different plan, Advantix will provide notice and you may terminate this Agreement.
5.9. Services Outside Advantix’s Wireless Network (Roaming)
5.9.1. International Services
Services originated or received while outside your plan’s included coverage area are subject to roaming charges. Domestic roaming charges for wireless Data or Voice Services may be charged with some Account plans when outside Advantix’s wireless network. International roaming rates may apply for any messaging or data usage incurred outside your plan’s included coverage area. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality. Display on your device may not indicate whether you will incur roaming charges. Check with roaming carriers individually for support and coverage details.
5.9.2. International Roaming
Compatible Device required. Your plan may include the capability to make and receive texts and use data while travelling/ roaming internationally. Advantix, in its sole discretion, may block your ability to use your Device while roaming internationally until eligibility criteria are met. All carriers within available countries may not be available on certain plans or packages. Availability, quality of coverage and services while roaming are not guaranteed. Substantial charges may be incurred if the Device is taken out of the Advantix coverage area, even if no services are intentionally used. Billing for international roaming usage may be delayed up to three billing cycles due to reporting between carriers. Taxes are additional.
5.9.3. International Data
International data rates apply to all data usage outside the Advantix coverage area, including accessing cloud-based services to upload/download/stream content. International data roaming may be subject to reduced speeds. Many Devices, including iPhone, transmit and receive data messages without user intervention and can generate unexpected charges when powered “on” outside the Advantix coverage area. Advantix may send “alerts” via SMS or email, to notify you of data usage. These are courtesy alerts. There is no guarantee you will receive them. They are not a guarantee of a particular statement limit.
5.9.4. International Miscellaneous
Export Restrictions: You are solely responsible for complying with U.S. Export Control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device.
5.10. 911 and Other Emergency Services
Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. We do not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor do we guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
For data-only plans: Your data-only plan does not allow you to contact 911 or other emergency services. Please use a non-data-only line or a landline phone to contact 911 or other emergency services. We do not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate, nor do we guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
5.11. Caller ID and Call Blocking.
If your Account includes Voice Services, your caller identification information (such as your name and phone number) may be displayed on the device or bill of the person receiving your call. Your name and Number for most calls can be blocked on a call-by-call basis by dialing *67 before the telephone area code and telephone number (on certain devices there may be a different number). In addition, you may elect to have your name and Number permanently blocked by contacting your dedicated Account management team. We also may block calls to telephone numbers at the request of the called party. Technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information.
5.12. Phone Numbers and Porting
If your Account includes Voice Services, you must accept the phone number we assign to you at the time you subscribe to our Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You may be able to switch your number to another Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your Account. We do not guarantee that numbers ported to or from us will be successful. To request to port a phone number to or from us, please contact us. Before you call to port a number to us, please have a bill from your existing wireless or wireline provider available. When you port a number to us from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; we will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new Device to use our Services after you port a number to us, and you may be without Services until the new Device is configured. Your Account must be active for a minimum of five (5) days before requests to port your number from Advantix to another carrier are fulfilled. Upon receiving a request to port your number to another carrier, and before effectuating the request, Advantix shall notify you immediately to inform you that a port-out request was made. If you authorize another carrier to port a number from us, we will treat this as your request to terminate all Services associated with that number. The termination will take effect on the date the number is ported. Notwithstanding our honoring port requests, any balance due will still be owed by you to us. If the Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another customer without notice. You will not be able to transfer any unused talk, text, or data allotments on your Advantix account to your new provider and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any allotments or Account payments if you port out your number. If you port your phone number to or from us, some Services, such as 911 location services, may not be immediately available through us or the other carrier while the port is being processed.
6. Acceptable Use Policy
This Section 6 is in addition to any and all other permitted and prohibited uses described herein or in any applicable Service Agreement. Advantix’s wireless data network is a shared resource, which Advantix manages for the benefit of all its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of the Data Services are permitted, and others are prohibited. The terms and conditions of your use of the Data Services are set forth below.
Permitted Uses. The Data Services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (iv) uploading and downloading applications and content to and from the internet or third-party application stores, (v) using applications and content without excessively contributing to network congestion, and (vi) any other data use case as described in your applicable Service Agreement.
You are only permitted to use our Devices and Services for lawful uses. Subject to those limitations, Voice Services are solely for live dialogue between, and initiated by, individuals. Data Services are provided only for lawful, commercial uses initiated by you, including web surfing, sending and receiving email, using messaging services for live dialogue between and initiated by individuals, sharing photographs and documents, and the non-continuous streaming of videos, downloading files, and use of applications.
You agree to use the Data Services only for these permitted activities.
Prohibited Uses. Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our underlying carrier(s) and third-party provider(s) to provide the Services. You are responsible for all activity through your Device and Services, including any conduct by others, and are liable to us for any prohibited uses or damages resulting from prohibited activities or uses that occur using your Device or Services. Prohibited uses include, but are not limited to:
a) Infringement: Infringing or otherwise violating any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos.
b) Unlawful, Offensive, and Harmful Conduct or Content: Engaging in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable. Without limiting the foregoing, you may not access or use our Devices or Services in any manner for the transmission or dissemination of images containing child pornography. We reserve the right to remove or delete any content you have disseminated using our Services that, in our sole discretion, have determined violates this Agreement or is otherwise objectionable.
c) Fraudulent Conduct: Engaging in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) representing on either an individual or business basis as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.
d) Falsification/Impersonation: Using the Device or Services to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.
e) Marketing, Unsolicited, and Spam Communications: Using the Services to distribute, publish, send, or engage in: (i) marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications. This includes using our mail servers or another site’s mail server to relay messages without the express permission of the Account holder or the site.
f) Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access.
g) Excessive Utilization of the Services: Engaging in excessive use of the Services relative to typical usage by other customers on similar Accounts, such as making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources, including data, suggests the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers. The Services may not be used in any manner that excessively contributes to network congestion, hinders other customers’ access to the network, or degrades network performance by maintaining a sustained and continuous wireless data service connection or active wireless internet connection. This includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate excessive amounts of traffic or disrupt user groups or email use by others; using the Services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; software or other devices that maintain continuous active internet connections when a connection would otherwise be idle or any “keep alive” functions, unless they adhere to Advantix data retry requirements (as may be modified from time to time); continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume disproportionate amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services. The Services may not be used with high bandwidth applications, services, and content that are not optimized to work with the Services and disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet the Services optimization requirements. Please refer to your applicable Service Agreement for additional details.
h) Traffic Pumping/Access Stimulation: Using the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation.
i) Unauthorized Information Collection: Using our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.
j) Malicious Software: Distributing, publishing, or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
k) Hacking: Without the express prior authorization of the owner of any data, systems, or networks, accessing or using such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any of our customers or other end-users and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
l) Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.
m) Intentional Interference: Interfering with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
n) Device Modifications: Unlocking, re-flashing, rooting, tampering with, altering, or otherwise modifying your Device or its software without authorization.
o) SIM Card Modifications: Without authorization, removing the SIM card, placing the SIM card in another Device, or altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information or the encryption mechanisms of the SIM card.
p) Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by us.
q) Tethering: Tethering your Device to another device, computer, modem, or other equipment for the purpose of using the data Service, except as required by federal or state law or regulation, or as expressly described to you in writing or the terms of the Account.
r) Miscellaneous: Reselling or leasing the Services; using the Services for commercial activities; using the Services for pager or voicemail retrieval service; engaging in any other conduct that could or does harm or adversely affect our other customers, employees, business, reputation, network, property, Services, operations, or any other person; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.
You agree not to use the Data Services for any of these prohibited activities.
Advantix’s Rights to Ensure Compliance. You agree that Advantix has the right to take any and all actions necessary to enforce this Section 6 if you use the Services in any manner that is prohibited, including, but not limited to, the following actions:
a) Advantix may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your use of the Services;
b) Advantix may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
c) Advantix may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. Advantix will provide you with advance notice of the usage threshold applicable to your data plan, or any changes to the applicable usage threshold either by a statement insert, email, text message or other appropriate means;
d) Advantix may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network;
e) If you are an Advantix unlimited data plan customer, Advantix may migrate you from the unlimited data plan to a tiered data plan and invoice you the appropriate monthly fees in our sole discretion if we believe that the Data Services are being used for connecting an Internet of Things (“IoT”) device. We will provide you with notice of this change at least one billing cycle in advance either by a statement insert, email, text message, or other appropriate means; and
f) Advantix may interrupt, suspend, cancel or terminate the Services without advance notice.
This Acceptable Use Policy, including the prohibited uses, applies to all Accounts, including those with unlimited talk, text, and/or data allotments. UNLIMITED DOES NOT MEAN UNREASONABLE USE. If you use unlimited allotments for anything other than permitted commercial uses or engage in any other unauthorized, excessive, or abusive use, including but not limited to uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit the Services, as discussed in Section 1. All unlimited data plans are subject to restrictions regarding applications that can be utilized while subscribing to the unlimited data plan. For a full listing of these applications, please see restricted use applications at https://www.advantixsolutions.com/restricted-use-applications/.
You are responsible for all fraudulent use of your Device and the Services. In the event you discover or reasonably believe your Device or the Services are being used for fraudulent activities, you must immediately notify us. In the event we discover or reasonably believe your Device or the Services are being used for fraudulent activities, we may take action to prevent such fraudulent activities from taking place, including the termination, suspension, modification, or limitation of the Services, as discussed in Section 1.
Always 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, use a hands-free mechanism for your wireless Device and do not use your wireless Device to send text messages.
You agree that a violation of this Acceptable Use Policy harms us, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond. If you want to report any violations of this Acceptable Use Policy, please email us at legal@advantixsolutions.com.
7. Warranties, Liabilities, and Indemnification
7.1. Warranty Disclaimer
We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. WE DO NOT GUARANTEE THE AVAILABILITY, QUALITY, OR DATA SPEEDS OF ANY SERVICES WHEN ON THE NETWORK(S) OF OUR UNDERLYING CARRIER(S) AND THIRD-PARTY PROVIDER(S) OR WHEN ROAMING ON ANOTHER CARRIER’S NETWORK(S). We also do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.
7.2. Limitation of Liabilities
To the fullest extent permitted by law, you agree that we, along with all parents, subsidiaries, affiliates, and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns, shall not be liable, whether or not due to our or their negligence, for any:
a) act, omission, or error by you or a third party, including third-party service providers or vendors;
b) charges for any products or services provided by third parties and accessed through or for use with our Services;
c) claims against you by third parties;
d) mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;
e) deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, or interrupted Services);
f) damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;
g) damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or while using the Services, including 911 services;
h) interrupted, failed, or inaccurate location services;
i) quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Services;
j) information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;
k) damage, harm, or loss that may result from your communications being intercepted;
l) unauthorized access to your Account caused by your actions or by actions that circumvent our reasonable security measures;
m) unauthorized access to your Device;
n) changes in operation, equipment, or technology that cause your Device or software to become obsolete or require modification;
o) damage to or loss of any information or data stored on your Device or any other equipment you use with the Services (including when we service your Device);
p) loss or disclosure of sensitive information you transmit when using the Services (including any damage, loss, harm, or disclosure resulting from malware);
q) default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 8.8); or
r) unauthorized or disputed charges for our Services that appeared more than fifteen (15) days earlier on your online Account statement and that you did not properly dispute within fifteen (15) days after the charge was posted. No fiduciary or other special relationship exists between you and Advantix by virtue of this Agreement or your use of our Devices and Services.
To the fullest extent permitted by law, we shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer arising from your use of or inability to use your Device or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products or services, or claims of personal injury. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid for the applicable products or Services. The above limitations of liability apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.
7.3. Indemnification
To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless us, along with our parents, subsidiaries, affiliates, and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns, from and against any and all losses, claims, liabilities, injuries, costs, damages, penalties, fines, settlements, and expenses (including taxes, fees, interest, and attorneys’ fees) arising out of or relating to, directly or indirectly, your use of a Device or the Services, whether based on contract, tort (including strict liability), or any other legal theory; your acts or omissions, including your breach or violation of this Agreement, our other policies, or any applicable laws or regulations; and any claims arising in whole or in part from our alleged negligence. If we reasonably determine that a claim may adversely affect us, you will use counsel reasonably satisfactory to us to defend the claim. You will not consent to a judgment or settle the claim without our prior written consent, and we may take control of the defense at our expense (without limiting your indemnification obligations). This obligation shall survive the termination of the Services.
8. Miscellaneous
8.1. Terms Applicable only to Specific States
8.1.1. California: What if there are Unauthorized Charges Billed to My Device?
You are not liable for charges you did not authorize. If you report to us that your Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting your dedicated Account management team.
If you notify us of any charges on your statement you claim are unauthorized, we will investigate. If there are charges on your statement for calls made after the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents, statements and other information to show any charges were not authorized. We will advise you of the result of our investigation within thirty (30) days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission and you may have other legal rights. While an investigation is underway, you do not have to pay any charges you dispute or associated late charges, and we will not send the disputed amount to collection or file an adverse credit report about it. While your phone is suspended you will remain responsible for complying with all other obligations under this Agreement, including but not limited to, your monthly fee. We both have a duty to act in good faith and in a reasonable and responsible manner including in connection with the loss or theft of your Device.
8.1.2. Connecticut
If you have any questions or concerns about the Services, please call your dedicated Account management team. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Public Utilities Regulatory Authority (PURA). Online: www.portal.ct.gov/pura; Phone: 1-800-382-4586; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
8.1.3. Puerto Rico
If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: jrtpr.gobierno.pr, in addition to having available arbitration.
8.2. Application of Tariffs
We may elect or be required to file informational tariffs with the appropriate regulatory body in certain states describing our terms and rates for our delivery of certain Services. To the extent that any provision of a tariff is inconsistent with the terms of the Agreement, the terms of the Agreement shall apply and the terms of the tariff shall not apply.
8.3. Consent to Receive Communications
We may occasionally need to communicate with you about the Services. We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message. In addition, you have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI. You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you. You may restrict our right to use CPNI for marketing purposes at any time. Denial of approval will not affect the provision of the services we provide to you. Any approval, or denial of approval for the use of CPNI outside of the Services to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.
Further, you provide consent for us or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone. We may contact you for service-related, informational or marketing purposes via these methods. You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. Consent to such contacts is not a condition of service and may be revoked at any time.
Finally, you provide consent for us to contact you for any reason, including for marketing purposes via the email address we assign you or you provide in connection with the Service.
You agree that we also have the consent to contact any authorized user on your Account for Services or payment-related reasons via any of the methods described above. Some of these communications may result in charges to you. Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means. Please review our Privacy Policy, at www.advantixsolutions.com, for additional information about how you may revoke consent to receive communications.
8.4. Modifications to this Agreement
We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Accounts, features, and products; and our coverage areas, underlying carrier(s) and third-party provider(s), and provisioning technology. We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges). We may provide you with notice of any other modifications, as described in Section 8.5 (Notices) or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on our website, www.advantixsolutions.com, or as specified in any notice. If you continue to access, use, or purchase our Services on or after the effective date of such modifications, you accept those modifications. Neither the course of conduct between you and Advantix nor common trade practice will act to modify any provision of this agreement.
8.5. Notices
We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means we deem practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with the Services or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 9.
8.6. No Third-Party Beneficiaries
This Agreement is solely for the benefit of you, us, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.
8.7. Assignment
You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, we shall be released from all liability with respect to this Agreement.
8.8. Governing Law; Venue
This Agreement shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of South Carolina, excluding conflicts of laws principles. The parties agree that any litigation related to or arising out of the Agreement, or regarding the interpretation, validity and/or enforceability of the Agreement shall be filed and conducted in the state or federal courts in Greenville, South Carolina, and the parties consent to jurisdiction thereby. If any provision of the Agreement is held invalid, illegal or unenforceable, the remaining provisions hereof will be construed to reflect as nearly as possible the original intention of the parties and remain in full force and effect.
8.9. Force Majeure
Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
8.10. Enforcement and Waiver
We have the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. We will determine, in our sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit the Services. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. We will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.
8.11. Survivability
Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial).
8.12. Severability
If any part or provision of this Agreement, including any part of any applicable arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.
8.13. Headings
Section headings are for descriptive, non-interpretive purposes only.
8.14. Language
The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
8.15. Integration
This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and us. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.
9.Customer Service Contact Information
If you have any questions, concerns, comments, or complaints regarding the Services, your bill, or this Agreement, please contact your dedicated Account management team using the following information:
Email:
Phone: 801-308-8480 from your Device during normal business hours:
Mon – Fri: 7 AM – 9:30 PM CST
Sat – Sun: 10:30 AM – 7:30 PM CST
Mail: 9355 John W. Elliott Dr., #25
Frisco, TX 75033
If we are unable to resolve your issue, you may file an informal consumer complaint with the FCC at 888-CALL-FCC (888-225-5322), or at https://consumercomplaints.fcc.gov/hc/en-us.