Affinity Cellular Terms & Conditions
This is an agreement ("Agreement") between you, the "Customer," and Affinity Cellular, Incorporated
(hereinafter identified as "Affinity Cellular," "we" or "us") for cellular radio telecommunications service
("Service"). This Agreement is binding when Service is activated to your specific telephone number(s) (each, a
"Number"). The term "Unit" means the cellular receiving and transmitting equipment that is programmed with the
By using our services you accept all terms of this agreement. This agreement requires the use of Arbitration on
an individual basis for all dispute resolution, rather than jury trials or class actions. Remedies are limited
in the event of a dispute.
- Term / Termination:
- You may cancel this agreement at any time for any reason. If you do require a cancellation, you must do
this by contacting customer service directly by calling 611 from your Affinity Cellular phone, or by
calling 833.679.1090 from any phone. We may also cancel this agreement. If we do, we will attempt to
notify you in advance. Even though the account is canceled you are liable for all charges billed through
the date of termination.
- If we fail to perform any of our obligations, you may terminate this Agreement upon notice. We may
interrupt or terminate your service without notice for any conduct that we believe violates this
Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or
similarly unreasonable manner with any of our representatives, or if we discover that you are under age,
or if you fail to make all required payments when due, or if we have reasonable cause to believe that
your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service,
or if you provided inaccurate credit information or we believe your credit has deteriorated and you
refuse to pay any requested advance payment or deposit.
- You remain responsible for payment of all charges incurred under this Agreement through the date of
termination. If you fail to perform your obligations you will reimburse us for all expenses, including
attorney fees, incurred in the enforcement of this Agreement and we may keep any charges prepaid by you.
These remedies are not exclusive and are in addition to all remedies provided bylaw. Any failure by us
to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
- Free phones are offered for the sole purpose of using the device on the Affinity Cellular Network. If at anytime the account is not current or disconnected for any reason, the terms of the Free Phone Offer will no longer be in effect. The account holder will be responsible to return the device, unlocked with all included accessories at their expense. Failure to do so will result in a charge of $100 charged to the credit card on file. If for any reason the credit card does not process the account will be turned over to a collection agency for the purpose of collections at which time the account holder will incur any fees related to the collection of this debt. Handset must be returned in working condition.
- Modifying Your Account: If you would like to make changes to your Service, please contact an Affinity
Cellular Representative. Some changes may be subject to limitations and/or additional charges. We may modify
this Agreement, including the Service charges or terms and conditions, upon advance notice at any time by
posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the
revised Terms of Service. If you use our Services or make any payment to us on or after the effective date
of the changes, you accept the changes. You must pay any additional charges from the date of the
modification, even though you may have paid for the Service in advance. If you do not agree to modification,
you may terminate this agreement by giving us written notice. If we discontinue or you are not eligible for
a rate plan, we may change you to a different rate plan upon notice. You may not modify the Agreement.
- Coverage Limitations: Service is not available at all times in all places. Coverage maps are
available at www.myaffinitymobile.com and are subject to the additional limitations described there. There
are gaps in coverage within the service areas shown on coverage maps, which, by their nature, are only
approximations of actual coverage. You accept Affinity Cellular's service with these limitations.
- Equipment: Your Equipment must be compatible with, and not interfere with, our service, and must
comply with all applicable laws, rules, and regulations. We may periodically program your Equipment remotely
with system settings for roaming service and other features that cannot be changed manually. Equipment
purchased for use on our network may not function on other networks.
- Advance Payments and/or Deposits: We may require you to make deposits or advance payments for
services, which we may offset against any unpaid balance on your account. Interest will not be paid on
advance payments or deposits unless required by law. We may require additional advance payments or deposits
if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it,
we may establish a credit limit and restrict service or features or require you to pay your balance through
auto pay. If your account balance goes beyond the limit we set for you, we may immediately interrupt or
suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit
become immediately due. If you have more than one account with us, you must keep all accounts in good
standing to maintain service. If one account is past due or over its limit, all accounts in your name are
subject to interruption or termination and all other available collection remedies.
- Billing and Payment of Charges:
- You are responsible for paying all charges for or resulting from services provided under this Agreement.
You will receive monthly bills via email that are due in full as shown thereon. Charges include, without
limitation, airtime, recurring monthly service, activation, 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 upon you or
upon Affinity Cellular. To determine your primary place of use ("PPU") and which jurisdiction's taxes
and assessments to collect, you are required to provide us with your residential or business street
address. You agree we may add our own charges for processing third-party charges. Any taxes, costs, or
charges imposed on us as a result of providing the Service or the Unit will be added to your charges.
- You agree to pay for incoming and outgoing calls, text and data services sent to and from your
Equipment. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") ARE BILLED IN FULL-MINUTE INCREMENTS,
AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL MINUTE INCREMENT AT THE END OF EACH CALL
FOR BILLING PURPOSES. AFFINITY CELLULAR CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE
LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL TEXT MESSAGES ARE CHARGED AS ONE UNIT INCOMING AND
OUTGOING CHARACTERS ARE LIMITED TO 160 PER MESSAGE. YOU ARE CHARGED FOR EACH MESSAGE DELIVERED IN
MULTIPLE PARTS. DATA TRANSPORT IS BILLED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP
TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AFFINITY
CELLULAR CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA
TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RE-SEND REQUESTS
CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. If you select a rate plan that includes a
predetermined allotment of Services (for example, a predetermined amount of airtime, megabytes or text
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 bill you in a
format as we determine from time to time. Additional charges may apply for additional copies of your
bill, or for detailed information about your usage of Services. Chargeable Time begins for outgoing
calls when you press SEND (or similar key) and for incoming calls when a signal connection from the
caller is established with our facilities. Chargeable Time ends after you press END (or similar key),
but not until your wireless telephone's signal of call disconnect is received by our facilities and the
call disconnectsignal has been confirmed. All outgoing calls for which we receive answer supervision or
which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of
one-minute airtime charge. Answer supervision is received generally 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, voice mail deposits and
retrievals, and call transfers. If your wireless phone or other device ("Equipment") is lost or stolen,
you will be responsible for all charges incurred on your phone number until you terminate service with
us. After you terminate service, you remain responsible for complying with your other obligations under
this Agreement, including, but not limited to, payment of your pro-rated monthly service fee. We may
require payment by money order, cashier's check or a similarly secure form of payment at our discretion.
Affinity Cellular has established usage thresholds under the Fair Use Policy. Under this policy,
Affinity Cellular has reviewed the monthly usage by service plan and established usage thresholds of
5000 minutes for voice, 5000 texts, and 5GB of data under this Fair Use Policy which far exceed the
average usage under each service plan. Usage that exceeds the monthly usage will be considered a
violation of this Fair Use Policy and subject to overage charges.
- Recurring monthly fees and non-recurring Service charges will be billed as soon as possible. Billing
cycle end dates may change from time to time. If you have authorized charges to a credit card, no
additional notice or consent will be required before billings to that credit card. Affinity Cellular is
hereby authorized to charge the provided credit card for any charges or expenses incurred pursuant to
this agreement, including late charges. Payments of all charges, including disputed charges, must be
received by the due date shown on the invoice. Disputes of charges must be in writing and received no
later than the due date to: Affinity Cellular, 4245 Kemp Boulevard, Suite 220, Wichita Falls, TX 76308 or in writing to
www.myaffinitymobile.com. We will make good-faith efforts to resolve disputes promptly. You agree that
(1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our
damages if you fail to pay promptly; (3) if you do not pay all charges by the due date, unless
prohibited by law, you shall pay us a minimum late fee of Ten Dollars ($10) per month of any balance
due, payable for every month such amount remains unpaid; and (4) if your account is sent to a collection
agency due to an unpaid balance, unless prohibited by law, you shall be assessed an additional $25
collection fee. Acceptance of late or partial payments (even if marked "Paid in Full") will not waive
our rights thereunder. We will assess a Twenty-Five Dollar ($25) fee for any check returned for
insufficient funds or credit/debit card chargeback for a transaction that you had authorized. Any
remaining funds in excess of Twenty Five ($25) will be returned to you at your last-known address within
90 days after termination. If the postal service returns the funds to us as undeliverable, they will
become our property.
- When establishing a "manual bill" account you will be required to make a deposit equal to two months
service, this deposit may be used to offset and unpaid balance on your account. Unless required by law
interest will not be paid on deposits or advance payments.
- Service Limitations; Limitation of Liability: Service 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, network or 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) or certain websites in our sole
discretion. We may, but do not have the obligation to, refuse to transmit any information through the
Service and may screen and delete information prior to delivery of that information to you. There are gaps
in service within the service 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. AFFINITY CELLULAR MAKES NO WARRANTY- EXPRESS OR IMPLIED -OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO
EVENT SHALL AFFINITY CELLULAR BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or
omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or
defects in the service provided by or through us; (c) damage or injury caused by the use of service or
Equipment, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused
by a suspension or termination of service by Affinity Cellular; or (f) damage or injury caused by failure or
delay in connecting a call to 911 or any other emergency service. WE DO NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE
MANUFACTURER OF THE UNIT OR PROVIDER OF THE SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE
INTERPRETED AS A WARRANTY. Notwithstanding the foregoing, if your service is interrupted for 24 or more
continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a
pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to
exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit
set forth above. Unless applicable law precludes parties from clauses, Affinity Cellular shall not be 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, service or Equipment provided by or through Affinity Cellular,
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 Affinity Cellular and its officers,
directors, employees 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
Affinity Cellular or any person's use thereof (including, but not limited to, vehicular damage and personal
injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AFFINITY CELLULAR, or
any violation by you of this Agreement. This obligation shall survive termination of your service with
Affinity Cellular. Affinity Cellular is not liable to you for changes in operation, equipment, or technology
that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES,
INCLUDING THE STATE OF KANSAS, DO NOT 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.
- Account Access: You authorize us to provide information about and to make changes to your account,
including adding new service, upon the direction of any person able to provide information we deem
sufficient to identify you.
- Availability: Service is available to your Unit only when the Unit is within the operating range of
our cellular systems. Service may be subject to transmission limitations beyond the systems control and may
be temporarily interrupted. Coverage and quality of Services may be affected by conditions within or beyond
our control, including atmospheric, geographic, or topographic conditions, or network modifications by the
underlying carrier that may render devices or services obsolete.
- The Number: You have no ownership rights to the Number. We may change your Number assignment by
giving you notice of the change. You may not assign the Number or the Unit's Electronic Serial Number
("ESN") to any other Unit. You may not program any other Number into the Unit. These acts are considered
fraud and will result in immediate termination.
- Return Policy: 100% Satisfaction money back guarantee is void after 30 days from time of purchase or
30 minutes of talk time use collectively incoming and outgoing or 30 text messages collectively incoming and
outgoing or 30 MB of data, whichever comes first. If a return is processed in accordance with prior to the
aforementioned day/talk time/text/data limitations the following monies will be refunded: activation fee,
cost of handset, prorated cost of plan. The cost of any additional services are not refundable.
- Lifetime Warranty: under the terms of the lifetime warranty if a handset fails to continue to work
properly, a replacement phone will be provided as long as the cause of the defect was through normal use.
Defects caused from non-normal use such as physical, cosmetic, water etc. will not be covered under the
lifetime warranty policy. Replacement handsets may have slight physical imperfections. Customer will be
responsible for activation fee, deductible (some phone models) and shipping and handling. Please contact
customer support for current rates for each handset, as well as any upgrade promotions that may be
- Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in
on cellular calls, your privacy cannot be guaranteed.
- You consent to our use of automated telephone equipment to contact your landline or cellular telephone
for any business purpose.
- Notices: Written notices to you shall be effective on the date deposited in the U.S. mail addressed
to your address of record. Written notice to us shall be effective when directed to our Customer Service
Department and received at our address of record. Your notice to us must specify your Number. Oral notices
shall be effective on the date reflected in our customer service system.
- Credit Reporting Authorization: You authorize Affinity Cellular to: (a) disclose your account
information, including your payment history and confidential information, to credit reporting agencies or
private credit reporting associations, and (b) periodically obtain and use your credit report and other
credit information from any source in connection with Affinity Cellular's offering of wireless and other
services. You understand that if you fail to fulfill the terms of your credit obligations under this
Agreement, Affinity Cellular may report your failure to a credit reporting agency.
- Arbitration (Please read this carefully): It affects your rights. Affinity Cellular and you
(such references include our respective subsidiaries, affiliates, predecessors in interest, successors and
assigns) agree to arbitrate all disputes and claims (including ones that already are the subject of
litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for
Equipment or services between Affinity Cellular and you. Notwithstanding the foregoing, Affinity Cellular
may bring an individual action in small claims court to collect an outstanding bill. This Agreement
evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to
the other, by certified mail, a written Notice of Intent to Arbitrate ("Notice"). The Notice to Affinity
Cellular should be addressed to: Affinity Cellular, Incorporated, Attn: Customer Service, 182 Fairchild Ave,
Plainview, NY 11803 ("Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the
claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement
to resolve the claim within 30 days after the Notice is received, you or Affinity Cellular may commence an
arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration
clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the
rules promulgated by Arbitrationas modified by this Agreement. You agree that, by entering into this
Agreement, you and Affinity Cellular are waiving the right to a trial by jury. Unless Affinity
Cellular and you agree otherwise, all hearings conducted as part of the arbitration shall take place in the
county of Nassau, state of New York. The arbitrator may award 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. You and AFFINITY CELLULAR agree that YOU AND AFFINITY CELLULAR MAY BRING CLAIMS AGAINST
THE OTHER PARTY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported
class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings
or more than one person's claims, and may not otherwise preside over any form of a representative or class
proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this
arbitration clause shall be null and void. Notwithstanding any provision in this Agreement to the contrary,
we agree that if Affinity Cellular makes any change to this arbitration provision (other than a change to
the Arbitration Notice Address) during your Service Commitment, you may reject any such change and require
Affinity Cellular to adhere to the language in this provision.
- Separability: If any part of this Agreement is found invalid, the balance of the Agreement remains
- Authority: You acknowledge that you are of legal age, have received a copy of this Agreement, and
have read and clearly understand its terms.
- Miscellaneous: This Agreement, the rate summary sheet, the terms included in the rate brochure(s)
describing your plan and services, terms of service for products and services not otherwise described herein
that are posted on applicable Affinity Cellular websites, and any documents expressly referred to herein or
therein, make up the complete agreement between you and Affinity Cellular, and supersede any and all prior
agreements and understandings relating to the subject matter of this Agreement. If any provision of this
Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining
provisions will remain in full force and effect. The foregoing does not apply to the prohibition against
class or representative actions that is part of the arbitration clause; if that prohibition is found to be
unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Affinity
Cellular may assign this Agreement, but you may not assign this Agreement without our prior written consent.
The law of the state of New York shall govern this Agreement except to the extent that such law is preempted
by or inconsistent with applicable federal law. Your caller identification information (such as your name
and phone number) may be displayed on the equipment or bill of the person receiving your call; technical
limitations may, in some circumstances, prevent you from blocking the transmission of caller identification
information. 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
Affinity Cellular will use text messaging to keep in touch with you for things like:
- Welcome Notice
- Balance Alerts
- Activation Status
- Product Offers
When you sign up for Affinity Cellular services you are asked to OPT IN to receive these messages. These messages
are free. You can also choose to not receive these messages.
If you choose to opt in for these messages, message frequency will be based on plan usage. We will alert you when
you are reaching certain plan thresholds.
At any time, you may STOP receiving Affinity Cellular Usage Alerts. Text STOP to
2561 to any message received to discontinue receiving that message. You can also call 833.679.1090
to OPT OUT of all Affinity Cellular wireless messaging or send an email to contact us via email.
To receive SMS HELP text HELP to 2561 or dial 611 on your phone, or from another phone call
833.679.1090. You can also email us at contact us via email.
The Usage Alert campaign is supported on a nationwide network.
Affinity Cellular, LTD
4245 Kemp Boulevard,
Wichita Falls, TX 76308