My Figgers Wireless Customer Agreement

Welcome to Figgers Wireless!
Thank you for becoming a member – we’re excited that you joined! Your Service terms and conditions are part of this Customer Agreement (“Agreement”) and are provided by Figgers Wireless (“Figgers”) or one of its affiliates. Your voice, text, and data services are for use within the Figgers Wireless coverage area. Together, your Plan and any features you use are your “Service”. The current version of this Agreement and the terms and conditions for your Service can always be found online at Figgers.com.

By using the Service you are agreeing to every provision of this Agreement whether or not you have read it. This Agreement also applies to your line of service and all devices on your account, as well as anyone who uses your Service.

As you read through the Agreement, you’ll see all sorts of important information about your Service, such as our ability to make changes to your Service or this Agreement, and details about how to manage any disputes if things don’t work out as planned (not to spoil the rest of the agreement, but those disputes between us must be resolved in arbitration or small claims court).

Privacy

By entering into this Agreement, you agree to our data collection, use, and sharing practices described in our Privacy Policy, available at https://www.figgers.com/privacy/.  which we may update from time to time. Our Privacy Policy also describes your choices as to how some information is used and shared.

Many services and applications offered through your device may be provided by third parties. You should review the applicable terms and privacy policy before you use, link to, or download a service or application provided by a third party.

You agree that Figgers Wireless may contact you about your account using email and calls – including prerecorded calls – or messages delivered by an automatic telephone dialing system to any wireless phone number, contact number, or email address you provide to us. Figgers Wireless will treat any email address you provide as a private email that is only accessible by you; you acknowledge that we may send you receipts, notices, and other documents regarding your service or account to this email address. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone associated with the number you provide.

Cancellation

We’ll do our best to make sure you don’t want to leave, but if something comes up and you have to go, you can cancel service for any reason at any time. We will miss you, though (and hope you come back). If your account has been activated, we will not issue any refunds for payments you have made.

Bring Your Wireless Number to Another Carrier

If you really want to leave us, you may be able to bring your wireless phone number, or “port”, to another carrier. If you port a number from us, then we’ll treat it as though you asked us to cancel your Service for that number. As an FYI, you’ll need to get your porting-out PIN from your Account profile in order to port your number. After the porting is completed, you won’t be able to use our Service for that number, and you won’t be entitled to a refund of any balance on your account. If you port a number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. You don’t have any rights to your wireless phone number, except for any right you may have to port it.

Changes to the Agreement or Your Service

We may change prices, the monthly cost, or any other term of your Service or this Agreement at any time, but we’ll provide notice first before we do anything that would negatively impact your Service. If you don’t like the change, remember you can cancel at any time or simply not renew your Service for another month. But, if you use your Service after the change takes effect, that means you’re accepting the change. If we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.

My Wireless Device

Your wireless device must comply with Federal Communications Commission regulations, be certified for use on the Figgers Wireless network, and be compatible with your Service. We may change your wireless device’s software, applications, or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use your wireless device. By activating your SIM (Subscriber Identity Module), you agree we own the intellectual property and software in the SIM, that we may change the software or other data in the SIM remotely and without notice, and we may utilize any capacity in the SIM for administrative, network, business, and/or commercial purposes.

Figgers Wireless has instituted a device unlocking policy to help minimize theft or fraudulent activity. Devices purchased or obtained from Figgers Wireless will be locked to work exclusively on our network for 60 days, starting on the date the device is activated. Please see our policy (https://www.figgers.com/privacy/) for more details.

Coverage and Service Availability

Wireless devices use radio transmissions, so unfortunately you can’t get Service if your device isn’t in range of a transmission signal. And please be aware that even within your network coverage area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage, and weather. Please check Figgers.com for our estimates of what network coverage could be available at any particular address.

We may take any action to protect and maintain the integrity of the network, which could include cancelling Service for a user that is abusing our network and services in a way that would negatively impact that ability for other members to enjoy our services.

If you lose Service for more than 24 hours in a row and we’re at fault, contact us at [email protected] within 180 days and we’ll give you a credit for the time lost. This is your only right for interrupted Service.

Charges

You are responsible for paying all mandatory taxes and fees set by federal, state, and local governments that we are required to collect and remit to the government, but we’ve made it simple for you by including the taxes and fees in the all-in cost on your monthly service statement.

Service Charges and Payments

The availability of Service depends on your payment in advance of the service charge when it is due. If you fail to make payment when due, your Service will be suspended and/or cancelled. By making a payment, you will have access to Service for the designated period of time. If your account is deactivated for non-payment, it will be suspended for 60 days. If payment is not made within the 60 day period, it will be cancelled. When your account is cancelled, we will re-assign the phone number associated with your account, and that phone number may no longer be available to you.

We will not provide you with bills, so you will not receive a monthly bill for your payments. You can access your account via the Figgers Wireless website at https://www.figgers.com/login/.  You are responsible for paying your monthly charges for the Service provided under this Agreement, including charges made – with or without your approval – by any person you permit to have direct or indirect access to your device.

Lost or Stolen Devices

We’re always here to help! It’s important that you notify us right away at [email protected], so we can suspend your Service to keep someone else from using it. If your device is locked and it is reported as lost or stolen, we will take steps to ensure that the device remains locked.

Our right to limit or end Service or end this Agreement

We hope it never comes to this, but we can, without notice, limit, suspend, or end your Service or this Agreement with you for any good cause. We want to be able to help all our members get the Service they deserve, so if you behave in a way that prevents us from fairly serving all our members, we may have to take action. In other words, we won’t tolerate any lying, cheating, or shenanigans.

“Good cause” could include (but is not limited to) if you:

1. Breach this agreement;
2. Resell your Service or obtain devices for resale;
3. Primarily use data outside the Figgers Wireless coverage area on other carrier networks;
4. Use your Service for any illegal purpose, including use that violates trade and economic sanctions or government regulations;
5. Install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission or attempt to use our Service on an unauthorized device;
6. If we are permanently unable to provide Service to you.

We can also, without notice, limit, suspend, or end your Service or this Agreement if you, any user of your device, or anyone using your Account:

1. Threaten, harass, or use vulgar and/or inappropriate language toward our representatives;
2. “Spam”, or engage in other abusive messaging or calling;
3. Interfere with our operations;
4. Modify your device from its manufacturer’s specifications;
5. Use your Service in a way that negatively affects our network or other customers, such as by persistently using excessive amounts of data in ways that negatively impact our ability to service other members or in ways that defy normal and reasonable usage patterns;
6. Abuse or game our Service or promotions for any fraudulent or improper purpose. For example, if you use your Service in an inappropriate or unapproved way, like manipulating our Service to use it as a replacement for a home broadband service, then we may take action to limit, suspend, or end your Service.

We can also temporarily limit your Service for any operational or governmental reason.

Internet Access

If you download or use applications, services or software provided by third parties (including voice applications), 911, E911, or other calling functionality may work differently than services offered by us or may not work at all. Please review all terms and conditions of such third–party products. Figgers Wireless is not responsible for any third–party information, content, applications, or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third–party products or services. For information about our network management practices for our broadband internet access services visit https://www.figgers.com.

Disclaimer of warranties

We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device (including applications provided by any third-party). We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network related modifications, upgrades or similar activity.

Waivers and limitations of liability

You and Figgers Wireless both agree to limit claims against each other solely to direct damages. In other words, neither of us will claim any damages that are indirect, special, consequential, incidental, treble, or punitive. For example, you agree you cannot obtain any damages arising out of a Service or device failure, unauthorized access or changes to your account or device, or the use of your account or device by others to authenticate, access, or make changes to a third-party account (such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds). This limitation and waiver will apply regardless of the theory of liability. It also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others – including other carriers – or by any act of God. You also agree we aren’t liable for missed or deleted voicemails or other messages, or for any information (like pictures) that gets lost or deleted if we work on your device.

Dispute Resolution

We hope we never have any disputes and that we can quickly resolve any issues that come up! Most customer concerns can be taken care of by contacting customer support. Just reach out and we’ll try to help.

If there is an issue that can’t be resolved by customer support, this section will lay out how you and Figgers Wireless agree to handle those disputes. Please note that you must dispute charges for any Service(s) within 180 days of the date the disputed charge was incurred, and can let us know about your dispute by emailing us at [email protected].

But if you wish to preserve your right to bring an arbitration or small claims case regarding such dispute, you must write to us at Customer.Service@Figgers.com, if you do not notify us in writing of such dispute within the 180-day period, you will have waived your right to dispute the charge(s) and to bring an arbitration or small claims case regarding any such dispute.

You and figgers wireless both agree to resolve disputes only by arbitration or in small claims court. You understand that by this agreement you are giving up the right to bring a claim in court or in front of a jury. While the procedures in arbitration may be different, an arbitrator can award you the same damages and relief, and must honor the same terms in this agreement as a court would. If the law allows for an award of attorneys’ fees, an arbitrator can award them too. The same defenses are also available to both parties as would be available in court, including any applicable statute of limitations.

We also both agree that:

1. The federal arbitration act applies to this agreement. Except for small claims court cases, any dispute that in any way relates to or arises out of this agreement or from any equipment, products and services you receive from us (or from any advertising for any such products or services), including any disputes you have with our employees or agents, will be resolved by one or more neutral arbitrators before the american arbitration association (“aaa”). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This agreement to arbitrate continues to apply even after you have stopped receiving service from us.
2. Unless you and figgers wireless agree otherwise, the arbitration will take place in the county of your billing address. For claims over $10,000, the aaa’s consumer arbitration rules will apply. For claims of $10,000 or less, the party bringing the claim can choose the aaa’s consumer arbitration rules. You can get procedures, rules and fee information from the aaa (www.Adr.Org). For claims of $10,000 or less, you can choose whether you’d like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone.
3. This agreement doesn’t allow class or collective arbitrations even if the aaa procedures or rules would. Notwithstanding any other provision of this agreement, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class representative or private attorney general or general injunctive relief theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
4. If either of us intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration. Notice to figgers wireless should be sent to [email protected]. The notice must include enough information to allow us to identify your account as well as to assess and attempt to resolve your claim, including the name of the account holder, the mobile telephone number at issue, a description of the claim, the specific facts supporting the claim, the damages you claim to have suffered, and the relief you are seeking. The notice requirement is designed to allow figgers wireless to make a fair, fact-based offer of settlement if we choose to do so. You can not proceed to arbitration unless you provide this information. You may choose to be represented by an attorney or other person as part of this process, but if you do you must submit a letter authorizing us to discuss your account information with this attorney or other person. The sufficiency of this notice is an issue to be decided by a court prior to the filing of any demand for arbitration. If you have provided this information and we are unable to resolve our dispute within 60 days, either party may then proceed to file a claim for arbitration. We’ll reimburse any filing fee that the aaa charges you for arbitration of the dispute. F that arbitration proceeds, we’ll also pay any administrative and arbitrator fees charged later. If the arbitrator determines that your claim was filed for purposes of harassment or is patently frivolous, the arbitrator will require you to reimburse figgers wireless for any filing, administrative or arbitrator fees associated with the arbitration.
5. We may, but are not obligated to, make a written settlement offer anytime before the arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If you don’t accept the offer and the arbitrator awards you an amount of money that’s more than our offer but less than $5,000, or if we don’t make you an offer, and the arbitrator awards you any amount of money but less than $5,000, then we agree to pay you $5,000 instead of the amount awarded. In that case we also agree to pay any reasonable attorneys’ fees and expenses, regardless of whether the law requires it for your case. If the arbitrator awards you more than $5,000, then we will pay you only that amount.
6. If 25 or more customers initiate notices of dispute with figgers wireless raising similar claims, and counsel for the figgers wireless customers bringing the claims are the same or coordinated for these customers, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the figgers wireless customers and counsel for figgers wireless shall each select five cases to proceed first in arbitration in a bellwether proceeding. The remaining cases shall not be filed in arbitration until these first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the bellwether proceeding, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties are able to resolve all of the claims, either through settlement or arbitration. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against figgers wireless.
7. An arbitration award and any judgment confirming it apply only to that specific case; it can’t be used in any other case except to enforce the award itself.
8. If for some reason the prohibition on class arbitrations set forth above can not be enforced, then the agreement to arbitrate will not apply.
9. If for any reason a claim proceeds in court rather than through arbitration, you and figgers wireless agree that there will not be a jury trial. You and figgers wireless unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

About this Agreement

If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You can’t assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.

If we send notices to you, they will be considered received immediately if we send them to your wireless device or to any email that you’ve given us. If you need to send notices to us, please send them to [email protected].

If any part of this agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations in the dispute resolution section above), is ruled invalid, that part may be removed from this agreement.

This agreement and the documents it incorporates form the entire agreement between us. You can’t rely on any other documents, and you have no other rights regarding Service or this Agreement. This Agreement isn’t for the benefit of any third party except our affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we’ve agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.