Terms Of Service

Introduction

Torch Wireless is a telecommunications carrier providing wholesale and wireless services, including Lifeline Program eligible services and plans.

Service Agreement

Please carefully review the following terms and conditions. They contain important information about your legal rights and handling of any disputes. Along with any applicable policies, Service requirements, rates and plans, applications, or applicable tariffs, they are part of your Service agreement (“Agreement”) with Torch Wireless, constituting a legal binding contract between the Service provider (referred to as “Torch Wireless”, “provider”, “us”, “our”, or “we”) and the end user (referred to as “you”, “your”, “subscriber”, “customer” or “user”) for use of the Services, Features, and Devices provided by Torch Wireless.

Further, note this agreement requires the use of individual arbitration rather than jury trials or class actions to resolve disputes. Arbitration is more informal and an alternative to court action (litigation).

Torch Wireless reserves the right to change or modify these terms and conditions at any time. Changes will become effective and binding once posted on the Torch

Wireless website at www.torchwireless.com/terms-of-service/. In the event a change materially affects you or your Service, we will provide advance notice of the change. We recommend you check the website regularly for updates and/or changes.

You acknowledge and agree to these terms and conditions upon opening any provided package(s) or materials, enrolling in a Torch Wireless Service, or activating or attempting to activate a Device associated with the Service. Further, by acceptance of this agreement, you acknowledge and agree you have the legal capacity to accept these terms and conditions.

Definitions/Terms

1. “Device(s)” are defined as any broadband device or other devices, including any phone or accessory, we provide or sell to you, for the purpose of activating and using on your account with us.
2. “Service(s)” are defined as our toll-free, fixed, or wireless plans, rates, offers, billing, applications, products, or programs under a service plan or on your account with us.
3. “Third-Party”  refers to any provider or manufacturer offering Devices, Services, applications, programs, or products not from Torch Wireless. Additional terms or conditions originating from a third-party may apply and are directly between you and the third party. Torch Wireless is not responsible for items or Services originating from a third-party.
4. “Lifeline” refers to The Lifeline Program, a federal program that provides a monthly discount on landline or wireless phone service to eligible low-income households.

Use of Service

It is prohibited to use our Services in a manner that is unlawful, harmful, disruptive, interrupts or degrades the Torch Wireless network or systems, and/or otherwise interferes with another customer’s use of our Service.

Torch Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend Service if any customer engages in any of the prohibited uses.

Suspension or Termination of Service

Subscribers may terminate Service, with notice, to Torch Wireless. Subscribers agree that all outstanding balances, including any early termination fees, will remain due.

Use of Service

Torch Wireless may, in turn, provide notice to terminate or suspend Service, but you acknowledge we are not required, and instead can suspend or terminate any Service at any time for any reason. This includes, as examples, (a) failure to have or maintain an appropriate account balance for applicable charges; (b) failing to adhere or maintain to required usage, notifications, and/or other actions as required by specific service or program rules, (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false or inaccurate information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by, or inconsistent with, the Agreement and Policies; (g) breaching, failing to follow, or abusing the Agreement or Policies; (h) modifying a Device from its manufacturer specifications or (i) if we believe the action protects our interests, any customer’s interest, or our networks.

Service Coverage

Torch Wireless Service is subject to availability in the area in which you choose to use your Device. Actual service coverage and speeds may vary and can depend on circumstances beyond our control, including network limitation, network congestion, signal strength, weather, geography, topography, the specific device being used, or third-party services/sites being accessed.
Torch Wireless does not guarantee or warrant the Service will be available at any specific time or geographical location, or that the Service will be provided without interruption.

Assigned Phone Number

Specific Torch Wireless Services may require us to assign a phone number to you, for use with Torch Wireless. Subscribers must accept the number assigned and agree that it is and will remain the property of Torch Wireless, unless a transfer (“porting”) request has been expressly made and the number is eligible for portability. In the event your Service is terminated, we reserve the right to reassign that number to another customer, without notice. If desired, Subscribers that have current phone numbers that are eligible for transfer (“porting”) may request to bring their number to us, as part of the initial setup discussion. We will request the transfer as part of your setup, but cannot guarantee the number transfer to us will be successful. If successful, note that when you switch from another wireless carrier, you may have to pay a termination penalty to your former carrier if you terminate your contract early. Any outstanding balance with the original carrier will not transfer to Torch Wireless and remain the responsibility of the subscriber, in accordance with the original carrier’s policies. Torch Wireless will not reimburse you for any fees imposed by other carriers.

Resale

Fixed and wireless consumer Services and Devices, provided by Torch Wireless, may not be resold.

Lost or Stolen Equipment

All Devices and Services associated to your account, including expenses associated with them, are considered active and valid unless otherwise suspended or terminated. It the event of a lost or stolen Device, you are responsible for all charges incurred until Torch Wireless has been notified by contacting us directly. Upon notice, Torch Wireless will suspend the account immediately.

Subscribers will have the option to reactive within 30 days of the date of suspension with another Device, or with the original Device if found. In the event reactivation does not occur within 30 days, Torch Wireless may terminate the account and any associated phone numbers may be reassigned as necessary.

Refunds and Replacement Policy

Unused minutes and/or data for Service plans, including add-on packages are not eligible for refunds. This includes Services suspended or terminated by the subscriber or provider in accordance with the suspension or termination of Service terms. If your Service is terminated for any reason and you have a positive balance in your Service account, you will not be entitled to receive any refund.

For a refund or replacement of a purchased or free of charge Device, subscribers have 21-days from the date the Device shipped to return the Device in the same condition it was received, with its original packaging and contents. Devices returned with missing items or in a damaged condition, will not be accepted and will void this policy.

Prior to performing a return, the subscriber must contact Torch Wireless to request a return authorization approval and additional instructions for the return.

Sold or Provided Device(s)

We don’t manufacture any Device we might sell or otherwise provide for use with our Services and as such are not responsible for any defects, acts, or omissions of the manufacturer.

The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications and may impact access to all of our Services. This Device sold or provided is to be used exclusively with our Service and in other coverage areas that we may make available to you.

All handset models provided are selected at the sole discretion of Torch Wireless.

Service Plans, Pricing, and Features

Service plans, including descriptions and pricing, may vary by state and are available for review on
www.torchwireless.com

Plans and pricing may be subject to change with updates provided directly to the website. Specific plans and prices may require qualification for eligibility.

Voice and Text Messaging Rates

Voice calls and text messages are calculated and billed monthly, in minutes, with usage rounded up to the next minute. They are considered anytime minutes with no rollover. Calls or text messages made to Torch Wireless via the shortcode 611 do not count against the service plan total package minutes.

• Unused plan minutes will expire at the end of each calendar month
• State and local sales taxes will apply.
• Any additional fees, taxes, or surcharges imposed by regulatory/government entities will apply.

Each plan carries a pre-determined limit for the month. Unlimited features carry a cap of 4000 minutes. If subscribers have used all of their monthly allotment of minutes, add-on packages can be purchased to continue to send and receive calls or messages and will be valid for 90-days from the purchase date.

Data Service Rates

Data usage is calculated and billed monthly, in either kilobytes (KB) or megabytes (MB), either downloaded or uploaded, through the course of internet usage. Each plan carriers a pre-determined limit for the month. If subscribers have used all of their monthly data allotment, add-on packages can be purchased to continue to use data until the next monthly cycle.

Disputes

If you believe in good faith that your account has been improperly charged and wish to dispute any portion of your invoice, you must contact us within 60 days after the charge appears on your account. If you do not notify us within this 60-day period, you waive any right to dispute the charge, including in arbitration or a court proceeding. We will review your claim to determine if any error has been made, and credit your account accordingly. If a dispute has not been resolved by good faith efforts between the parties, the resolution shall be settled only by binding arbitration, which may be initiated by either party and conducted in accordance with this Agreement. See Dispute Resolution for more details.

Taxes and Assessed Fees

You are responsible for and agree to pay all taxes and fees, including but not limited to federal, state, local, or foreign taxes, fees, and other assessments that we’re required by law to collect and remit to the government on the Services that we provide to you. Taxes, surcharges, and other fees may change from time to time without advance notice.