Terms & Conditions
General. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and Cintex Wireless. By purchasing, activating or using our products or services, you agree to these terms and conditions. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. Cintex Wireless reserves the right to change or modify any of these Terms and Conditions of Service. If the change materially disadvantages you, Cintex Wireless will provide you with 15 days advanced notice by postcard, telephone or text message. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Cintex Wireless website found at www.cintexwireless.com.
1. Use of Cintex Wireless Service
The Cintex Wireless service is for personal use only. You may not use our service in a manner that interferes with another Cintex Wireless customer's use of our service. We have determined that our ability to provide good service may be impaired when customers place abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other Cintex Wireless customers on similar service plans. Such atypical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service. Unlimited voice services are provided solely for live dialogue between two individuals. Cintex Wireless phones and mobile phone numbers may not be used for pager or voicemail-only service, and Cintex Wireless may terminate any account if usage is limited to pager service or voicemail retrieval service.
2. Use of Cintex Wireless Phones
Cintex Wireless' Lifeline service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint Network. Please see geographic coverage maps for details. Actual coverage and quality of service may vary from the maps due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions. Further, actual coverage may change without notice. Local phone numbers may not be available in certain markets.
Wireless services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by your damaging your mobile phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on your mobile phone for emergency calls, such as to 911.
Cintex Wireless is only available for activation by customers who reside in the areas in which Cintex Wireless has been designated as an Eligible Telecommunications Carrier ("ETC"). Your principal residence address must be within a Cintex Wireless ETC service area. Visit www.Cintexwireless.com to check whether you reside in a Cintex Wireless ETC service area. To be eligible for Cintex Wireless service, you must meet the applicable eligibility standards described below, which may be amended from time to time. Cintex Wireless' non-Lifeline plan is available in the majority of states. As in the case of Cintex Wireless' Lifeline service, your principle residence address must be within a Cintex Wireless service area in order to receive service.
Eligibility for Cintex Wireless Lifeline service varies by state. You may qualify for Cintex Wireless service if you participate in any of the government programs listed on your Cintex Wireless application or based on household income eligibility standards. If you seek to qualify for Cintex Wireless service based upon participation in a qualifying federal or state program, you may be required to provide proof of program participation such as program identification card or other social service agency document that shows you currently participate in one of the programs enumerated above. If you seek to qualify for Cintex Wireless under the household income eligibility standards, you are required to provide written documentation of your household income. Cintex Wireless may retain all such certifications and documentation to furnish proof of your eligibility as may be required by applicable law. This consent survives the termination of this Agreement. Cintex Wireless reserves the right to review your eligibility status at any time and require you to provide Cintex Wireless with written documentation of either your household income or your participation in a qualifying federal or state program. You may only receive Lifeline Assistance for a single landline or wireless telephone account at your principal residence. If you or any member of your family unit receives Lifeline Assistance from any other telephone company, you are responsible for notifying your current service provider that you have been approved for Lifeline Assistance through Cintex Wireless.
6. Non-Transferable and Non-Assignable
Eligibility for Cintex Wireless Lifeline service is personal to you. You may not transfer to any third party any of your rights or benefits received under the Cintex Wireless Lifeline service, including, but not limited to, any voice minutes received under the Cintex Wireless Lifeline service. Similarly, you may not assign your rights or delegate any of your duties under these terms without the prior written consent of Cintex Wireless, and any attempted assignment or delegation without such consent shall be void. Cintex Wireless may assign all or part of these terms or your debts under these terms without notice.
7. Free Minutes and Cintex Rates for Lifeline Service
Pursuant to the Cintex Wireless Lifeline service, each month you will receive 90 free minutes on the first day of the month. Unused minutes may be used in subsequent months. For example, if you use 50 minutes in January and you therefore have 40 minutes left over, you will have a total of 130 minutes that you can use in February (40 minutes plus 90 minutes). Unused minutes will rollover for a period of 12 months, starting on the date that your service was activated. Thus, if your service was activated on February 1, 2011, your unused minutes will rollover through January 30, 2012. On February 1, 2012, your phone will be loaded with 90 minutes only. There is no additional charge for long distance calls placed within the United States. Thus, the 90 free minutes can be used to place local or long distance calls. You cannot make international calls with your Cintex phone.
You can use your free minutes to send or receive text message. Sending or receiving a text message will consume one free minute.
8. Top Up for Lifeline Service
If you use all of your free monthly voice minutes before a new month starts, you will no longer be able to use your mobile phone free of charge to make or receive voice calls (other than 911 emergency calls) or send or receive text messages. To use your Cintex phone after you have used all of your free minutes you must either wait until the first day of the next month or purchase additional minutes. Purchasing additional minutes is called "Topping Up". You can Top Up by paying in denominations of $3.00, $5.00, $10.00, $20.00, $35.00 or $50. The Top-Up plans are as follows:
|Top-Up Cost||Minutes||Usage Period|
|$35.00||Unlimited Voice, and Text||14|
|$50.00||Unlimited Voice, and Text||28|
You can Top-Up your account by (1) calling customer service at 877-304-9183 and paying by credit/debit card, (2) purchasing additional time on the Cintex website at www.cintexwireless.com and paying by credit/debit card or PayPal account, or (3) purchasing a Cintex Wireless airtime card at a retail store. Sales taxes and surcharges may apply to the purchases. Taxes and surcharges may include sales, gross receipts, use and excise taxes, other taxes, E-911 and 911 charges and federal and state universal service fees. The amount of the taxes and fees will vary by state and may change without notice.
You can register to automatically Top-Up your account. By registering for Auto Top-Up, you agree to have the Auto Top-Up amount you have selected deducted from your credit card, debit card or PayPal account and added to your Cintex Wireless account according to one of the following options: (1) once every month on the date you specify; or (2) when your balance falls below $5. You can Top Up automatically in amounts of $10.00 or $20.00.
You can set up, modify, or cancel your Auto Top-Up preferences at www.cintexwireless.com or by calling Cintex Wireless at 1-877-304-9183.
9. Non-Lifeline Plan
Subscribers to this plan will receive a free smart phone and be required to pay a one time activation fee of $60.00. Customers may purchase minutes as follows:
Data costs $0.04 per megabyte. The cost will be deducted from your prepayment amount. Further, one text will consume one minute. Accordingly, using data or text messaging will reduce the amount of minutes available for voice calls.
Subscribers can top-up in the non-Lifeline plan using the same methodology as in the Cintex Wireless Lifeline plan. Sales taxes and surcharges may apply to the purchases. Taxes and surcharges may include sales, gross receipts, use and excise taxes, other taxes, E-911 and 911 charges and federal and state universal service fees. The amount of the taxes and fees will vary by state and may change without notice.
You can register to automatically Top-Up your account. By registering for Auto Top-Up, you agree to have the Auto Top-Up amount you have selected deducted from your credit card, debit card or PayPal account and added to your Cintex Wireless account according to one of the following options: (1) once every month on the date you specify; or (2) when your balance falls below $5. You can Top Up automatically in amounts of $15.00 or $30.00.
You can set up, modify, or cancel your Auto Top-Up preferences at www.cintexwireless.com or by calling Cintex Wireless at 1-877-304-9183.
10. Additional Charges
Calls to directory assistance are free.
If your account is deactivated for any reason, Cintex Wireless will assess you a termination charge equal to the balance in your account, which is not refundable even if you reactivate your account.
Calls are billed in one-minute increments with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network's termination of the call (after you hang up). Therefore, call time data displayed on your mobile phone may be inaccurate and may not be relied upon for billing purposes.
Calls are limited to two hours: if you are on a call for longer than two hours, the call will automatically terminate.
13. Disputed Charges
If you believe your account has been improperly debited, 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.
You can send and receive text messages of up to 162 characters, including the address.
15. Unsolicited Messages
If you intentionally send spam from your Cintex Wireless phone, we may terminate your service without further notice.
16. Account History
Your account history for at least the previous 60 days will be available online at www.cintexwireless.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch.
17. Illegal Use of Service
You agree not to use Cintex Wireless products and services in any illegal, fraudulent or abusive manner as determined by Cintex Wireless in its sole discretion. Services are provided at our discretion and we may change or cancel services at any time for any reason, including for illegal use of our products or services or for any violation of this Agreement. Cintex Wireless phones may not be purchased in bulk or sold to third parties.
18. Emergency Calls
If you are in an area where your Cintex Wireless phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Cintex Wireless phone in an emergency situation.
19. Refunds and Returns
All sales of Top-Up cards purchased directly from Cintex are final and non-refundable. Cintex Wireless is not responsible for, nor do we refund, lost, stolen, misused, or damaged Top-Up cards. Cards purchased from retail locations are subject to the return policies of the applicable retail location.
20. Lost or Stolen Equipment
If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by visiting our website www.cintexwireless.com or by calling Cintex Wireless at 1-877-304-9183. Upon receiving notice that your mobile phone is lost or stolen, Cintex Wireless will give you the opportunity to purchase a new phone and your number and minutes will be transferred to the new phone. Cintex will not provide you with a refund for the stolen minutes.
21. Mobile Phone Number
The mobile phone number we provide for your use is and will remain the property of Cintex Wireless. We may give the mobile phone number to another customer without telling you if you cancel your service with Cintex Wireless in order to use another mobile service (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations), or if your account expires and is deactivated. We may also change your mobile phone number at any time, although we will notify you prior to any change. You can request to change your mobile phone number up to three times each year.
22. Keeping Your Old Mobile Phone Number
Depending on where you live, you may transfer an existing wireless or wireline carrier telephone number to your Cintex Wireless service for use as your mobile phone number. To switch an existing phone number to Cintex Wireless, contact Cintex Wireless at 1-877-304-9183. Before you call, please have a bill from your existing wireless or wireline carrier available. When you switch from another wireless carrier to Cintex Wireless, you may have to pay a termination penalty to your former carrier if you terminate your contract early. Cintex Wireless will not reimburse you for any termination fees imposed by other carriers.
You will not be able to switch your area code without receiving a new local number from Cintex Wireless as well. For example, if you move from San Francisco to New York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567 as your number, but you may not switch your number to 212-123-4567. Although you may keep your old number and old area code, you should be aware that your New York friends may pay long distance charges when they call your San Francisco number from the New York area.
23. Limited Warranty
A new Cintex Wireless handset is covered by the handset manufacturer's warranty. Reconditioned Cintex Wireless handsets and accompanying accessories have a 30-day warranty provide by Cintex Wireless against defects in materials and workmanship under normal use by the purchaser.
To obtain warranty service from Cintex Wireless, please contact customer service at 1-877-304-9183. If your problem cannot be resolved over the phone, customer service will tell you how to return your phone and accessories.
This limited warranty does not cover damage or failure caused by abuse or misuse, including but not limited to damage caused by liquids and physical abuse, of the phone or Cintex Wireless accessories. Cintex Wireless does not provide refunds. All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
24. Disclaimer of Warranties
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE 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 AGREE THAT CINTEX WIRELESS SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS BROUGHT AGAINST CINTEX WIRELESS, WHETHER BASED IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE CINTEX WIRELESS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON CINTEX WIRELESS'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
26. Limitation of Liability
NOTHING IN THIS AGREEMENT LIMITS CINTEX WIRELESS'S LIABILITY, IF ANY, FOR CINTEX WIRELESS'S WILLFUL OR INTENTIONAL MISCONDUCT. IF CINTEX WIRELESS'S NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, CINTEX WIRELESS WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF CINTEX WIRELESS'S NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, CINTEX WIRELESS WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF CINTEX WIRELESS'S CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF CINTEX WIRELESS'S WILLFUL OR INTENTIONAL MISCONDUCT, CINTEX WIRELESS WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND CINTEX WIRELESS WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR CINTEX WIRELESS WAS TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED.
CINTEX WIRELESS WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, OR FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF THE SERVICES OR ANY EQUIPMENT OR FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE OR EQUIPMENT PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. THIS SECTION 23 CONTINUES TO APPLY AFTER THE AGREEMENT ENDS.
27. Dispute Resolution
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
A) Arbitration, Generally
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, except to the extent that the terms of this Agreement differ from the FAA, the terms of this Agreement control. Both you and Cintex Wireless have the right to take any dispute that qualifies to small claims court rather than arbitration. All other claims, controversies, or disputes between the parties will be resolved by arbitration regardless of the date of accrual of such claim, controversy or dispute. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court.
B) Number of Arbitrators
The arbitration will be conducted by one arbitrator.
C) Arbitration Costs and Fees
The arbitrator shall award to the prevailing party, as determined by the arbitrator, all costs and fees. The term "costs and fees" as used herein shall mean all amounts payable by the prevailing party on account of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs (if they are incurred to enforce the arbitration provisions of this Agreement or any award thereunder), witness fees, and attorneys' fees.
D) Applicable Arbitration Rules
The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000.
E) Arbitrator is Bound by Agreement
In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
F) Joining of Disputes
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.
G) Severability of Dispute Resolution
If any portion of this Dispute Resolution section is determined to be unenforceable, then the remainder shall be given full force and effect.
H) Contact Cintex Wireless
Before you take a dispute to arbitration or small claims court, you must first contact our Customer Care Department representative at the number 1-877-304-9183, or write to us at the following address and give us an opportunity to resolve the dispute:
PO Box 10707
Gaithersburg, MD 20898
Any written correspondence must describe your dispute and provide Cintex Wireless with any supporting documentation.
I) Contact AAA
If the dispute cannot be satisfactorily resolved within sixty days from the date you or Cintex Wireless is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas Texas 75240-6620 and request arbitration of the dispute. Information regarding how to initiate arbitration, about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org.
J) Written Submissions
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using AAA's telephonic procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence.
Any arbitration shall remain confidential. Neither you nor Cintex Wireless may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
A) Entire Agreement
This Agreement and the terms of any calling plan, promotion, and/or authorized written communications you have received constitute the entire Agreement between you and Cintex Wireless, and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.
In its sole discretion, Cintex Wireless may assign this Agreement.
C) No Waiver of Rights
No failure to enforce any right or remedy under this Agreement shall be considered a waiver of any other condition or provision or the same condition or provision at another time.
If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
E) Governing Law
This Agreement is governed by and construed by the Federal Communications Act to the full extent applicable, and otherwise by the laws of Maryland, without regard to its choice of law principles, except that the arbitration provisions in the Dispute Resolution section shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pays for the Services.
Any liability or obligation of a party to the other party under the Services section and the Payment Provisions section, will, in each case, survive cancellation or termination of this Agreement.
G) Headings of No Force or Effect
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.