THE SERVICE PLAN, EQUIPMENT AND PAYMENT TERMS WHICH ARE MADE AVAILABLE BY NETONTHERUN, INC. FORM AN INTEGRAL PART OF THE NetOnTheRun TERMS OF SERVICE(TOGETHER WITH ANY OTHER TERMS AND CONDITIONS, RULES OR POLICIES APPLICABLE TO THE USE OF THE SITE AND SERVICES, THE "Terms") THAT GOVERN YOUR USE OF THE SITE AND SERVICES (EACH AS DEFINED IN THE TERMS). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES MADE AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE AND SERVICES. NetOnTheRun MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. NetOnTheRun CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THIS SITE IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THIS SITE AND THE SERVICES. IF INSTEAD, YOU CONTINUE TO USE THIS SITE OR THE SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
In the event a product or service is listed at an incorrect price or with incorrect information, NetOnTheRun has the right to refuse or cancel any orders placed for that product or service whether or not they have been confirmed and your payment has been accepted, although NetOnTheRun will refund any incorrect amounts paid by a subscriber if the subscriber has not already used the affected product or service.
NetOnTheRun does not charge any type of early termination fee. No activation fee is charged to reactivate account. However, upon reactivation a subscriber would revert back to the startup service fee typically charged for the plan subscriber originally subscribed to. Mobile phone number, data and all voice mail information may be lost. NetOnTheRun will not be liable for ANY damages that may result from this event.
Number portability is best effort. Depending on the coverage of the underlying carrier a phone number may not be portable/released for transfer. Subscriber fully understands that an existing number may not transfer to NetOnTheRun service. Subscriber further agrees that NetOnTheRun will not be liable for any damages related to a non portable number. This includes, but not limited to, the non portable number being lost by the Subscriber during this process. Please note that the process of porting a number into NetOnTheRun from another carrier can take up to 24 hours, and any incorrect information provided during the port-in process can cause further delays.
Furthermore, please note that as a T-Mobile reseller, NetOnTheRun cannot perform what is considered a “change in responsibility” to move a number to T-Mobile direct. In such cases, subscribers are encouraged to use the third-party line parking service of their choice, with the port-out credentials provided by NetOnTheRun for such a move. Port-out credentials are provided only if and when the account is in good standing. Any past due balance will prevent a line from being eligible for porting out. However if service to a line has ceased to be offered due to a third offense of non-payment and subsequent disconnection of said service, service may be restored for three (3) days and port-out credentials may be provided for the sole purpose of assisting customer in beginning service with a new carrier. This will, however, be at the sole discretion of NetOnTheRun and its' employees, and by request only.
Subscriber Service Limitations:
Subscriber acknowledges that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. Subscriber agrees that NetOnTheRun shall not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Territory. Subscriber understands that NetOnTheRun cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.
Subscriber expressly understands and agrees that the liability and obligations of NetOnTheRun under the Terms of Service may be strictly controlled and limited by NetOnTheRun’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, defective equipment, account suspension, warranty, negligence, strict liability in tort or otherwise, Subscriber’s exclusive remedy and the total liability of NetOnTheRun, and/or any supplier of services in any way in connection with the Terms of Service, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to damages in an amount equal to the amount charged to Subscriber for service in the month such an incident occurred under the Terms of Service. In no event shall NetOnTheRun be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.
In no event shall NetOnTheRun be liable for the failure or incompatibility of Equipment utilized by Subscriber in connection with the Service. Subscriber shall use Equipment at its own risk.
Subscriber shall indemnify, defend and hold, NetOnTheRun and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the Terms of Service; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision shall survive the termination of the Terms of Service.
Fraudulent Usage. NetOnTheRun is not responsible for notifying Subscriber of Fraudulent Usage or conducting fraud detection, investigation, or prevention activities in connection with Subscriber’s use of the Service. Subscriber is fully responsible for and will pay NetOnTheRun all charges for and losses associated with Fraudulent Usage by Subscriber, or any other Person using SIMs provided to the Subscriber.
Forbidden Activities. Service to a MSISDN may be restricted or cancelled if there is a reasonable suspicion of abuse or Fraudulent Usage. Subscriber agrees to make good faith efforts to minimize abuse or Fraudulent Usage, to promptly report to NetOnTheRun any such abuse or Fraudulent Usage of which Subscriber becomes aware, and to cooperate in any investigation or prosecution initiated by NetOnTheRun. Subscriber shall not engage, and shall not allow any Subscriber Agent or any Subscriber to engage in the actions listed in subsections below, which are each Fraudulent Usage:
· Use the Service for Machine to Machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, use of the Service in health care and assisted living environments.
· Attempt or assist another to access, alter or interfere with the communications and/or information of other data Subscribers
· Rearrange, tamper or make an unauthorized connection with any Network of NetOnTheRun;
· Use or assist others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for Service;
· Use the Service in such a manner so as to interfere unreasonably with the use of the Service by one or more Subscribers or Subscribers or in a manner that violates the Acceptable Use Policy;
· Use the Service to convey information deemed to be obscene, salacious or prurient, or to convey information of a nature or in such a manner that renders such conveyance unlawful;
· Use the Service without permission on a stolen or lost device;
· Install any amplifiers, enhancers, repeaters or other devices that modify or otherwise affect the radio frequencies used to provide the Service;
· Use the Service for monitoring of third parties without their permission, except in the case of prisoner and parolee monitoring.
Protective Measures. To provide a good experience for Subscribers, minimize capacity issues as well as degradation in Network performance, NetOnTheRun may, at its own discretion, take measures including:
· temporarily reducing data speed for a subset of Subscribers who use a disproportionate amount of bandwidth.
· NetOnTheRun may reduce Subscriber’s data speed for the remainder of that billing cycle.
· NetOnTheRun may also suspend, terminate, or restrict such Subscriber’s data session, Service Plan, or Service (including voice and text) if such Subscriber uses its Service Plan in a manner that interferes with other Subscribers’ service, NetOnTheRun’s ability to allocate network capacity among Subscribers, or that otherwise may degrade Service quality for other Subscribers.
Payment for Monthly Plans
Please also see our NetOnTheRun Payment Terms section below for additional payment terms. The initial startup service payment will setup your account and provide service until the last day of month. Service payments will bill monthly thereafter. Service rate will be based on whatever rate appears on the Live Plan the last day of the previous month. Unless other arrangements are made directly with the NetOnTheRun accounting department, your monthly payment date is the 1st day of every month. It will post sometime between the 1st day and the 5th day.
If your registered payment method is declined by your payment provider, we may retry charging your registered payment numerous times during the next 48 hours. During this period your mobile service will be suspended. If your mobile service is suspended, you will not be able to use such service.
Your Mobile Service will remain active every month in which you timely pay all applicable fees for your use of the Mobile Service. Your Mobile Service becomes suspended if you fail to pay any fees for the Mobile Service when due. While your Mobile Service is suspended, you will have no access to the Mobile Service you have purchased until you pay all outstanding fees due on account. During this period NetOnTheRun.com at its discretion may cancel your Mobile Service. NetOnTheRun.com is not LIABLE for ANY and ALL type of losses incurred by Subscriber for disconnection of service.
If your Mobile service is canceled for any reason, restoration of your Mobile service may require an reactivation fee. Following your reactivation payment, your Mobile Service will become active again. Your phone number and all voice mails may be lost. NetOnTheRun.com is not LIABLE for ANY and ALL type of losses incurred by Subscriber for disconnection of service. If your service is suspended for non-payment of services by the due-date on five occasions within one calendar year, NetOnTheRun reserves the right to terminate your service entirely.
NetOnTheRun Payment Terms
We currently accept the following payment methods: Visa, MasterCard, AMEX and Discover.
We reserve the right to change our fees or other charges at any time by updating these Terms and/or by notifying you on the Site or via email, but we will not impose any fee increases retroactively. You agree to pay all applicable fees or charges to your NetOnTheRun Account based on NetOnTheRun's fees, charges and billing terms in effect when you purchase the Services, as such fees and payment terms may be updated as set forth in these Terms.
All amounts are payable in US dollars only. You may not transfer your purchases to a third party.
All payments made by you to NetOnTheRun are final and are non-refundable, except: (a) if these Terms or applicable law expressly provide otherwise; or (b) NetOnTheRun in its sole discretion, decides to provide you with a refund even though it is not legally required to do so.
All customers agree at time of purchase to allow for auto-payment of their monthly service via credit. Auto-payment will be processed before the 1st of every month for service for the following month. This is a no contract service. If customer would like to cancel their service they must submit a request to: firstname.lastname@example.org Upon receipt and security confirmation service will be canceled. Customer will be removed from our billing platform and no longer be responsible for payment. Prorates or refunds for monthly service will not be provided.
Taxes & Surcharges
Stated prices for the Services include applicable sales taxes, surcharges, fees or other government or regulatory charges, which may include without limitation, mandatory surcharges for federal and state Universal Service Fund contributions, state and local 911 fees, and cost recovery surcharges. We include applicable federal, state and local sales taxes, surcharges, fees and other government charges on all purchases made through our Site. The amount of these taxes and other surcharges is subject to change and may vary from time-to-time and by geographic area. We may also become subject to additional regulatory requirements in the future which may require us to charge other additional amounts. All applicable taxes, surcharges and other amounts billed to you will be viewable through the My Account feature (or other feature made available to you) on the Site.
If you think that there has been an error in any charge associated with your NetOnTheRun Account, you must notify us within 30 days after the date on which the disputed amount has been charged to your registered payment method. You must pay your invoice. If payment is not made you may experience Account Suspension. You must submit dispute notification through our online Support feature and one of our advisors will investigate your claim. If you do not notify us within 30 days, and unless otherwise provided by applicable law, you hereby waive any right to dispute the charge in the future, including in arbitration or a court proceeding. If we determine in our sole discretion that the disputed charge was incorrectly charged and was raised by you in a timely manner, we will credit or refund the amount to you. If we credit or refund the disputed charge, you hereby agree that to the fullest extent permitted by applicable law, the dispute is fully and finally resolved and not subject to further proceedings.
Credit Card Chargebacks
If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a "Chargeback"), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms.
Third Party Fees
We are not liable for any fees or charges for products or services provided by third parties through, or for use on, your mobile device, phones, computers or other equipment. If an unauthorized or disputed charge for a third-party product or service appears in your credit card or other billing or financial statement or invoice, you must contact that third party directly to resolve the billing issue. These charges would include but not be limited to ANY international usage outside of the USA/Canada coverage area and/or any roaming usage outside of the USA/Canada coverage area.
As explained elsewhere in these Terms, you will need to obtain Equipment in order to use the Mobile Service. In addition to making our service available to unlocked GSM phones, NetOnTheRun.com does offer a limited supply of network certified T-mobile phone our website. This is offered as a courtesy to our customers and purchase is completely optional. The cost of this equipment would be a onetime fee in addition to your monthly service fee. All phones purchased from NetOnTheRun may be locked to the T-Mobile network. Unlock codes are provided free of charge upon request after 6 months of continuous service. Any entity other than NetOnTheRun, used to unlock a phone purchased from NetOnTheRun - will invalidate all explicit and implied warranties on the phone.
Equipment Return Policy
All Sales are final. Returns will only be accepted for defective equipment.
We will exchange any Equipment that you purchase from NetOnTheRun.com which has a manufacturer's defect, if you return the defective Equipment to us within fifteen (15) days of the date we ship the Equipment to you and you otherwise meet and follow the requirements specified below.
If you're having a problem with your Equipment, please contact us using our online Support feature. We will try to resolve the issue with you. If we cannot resolve the issue, and if the issue is caused by a manufacturing defect in the Equipment, we'll send you a replacement (a similar unit or one of comparable quality) at no cost to you. We may ask you to return the Equipment to us, in which case you must follow the Equipment Return Procedures below. If we determine, in our sole discretion, that the returned Equipment is not defective, we will not exchange the Equipment, and your original Equipment will be returned to you, at your expense. Before contacting NetOnTheRun.com Support, please test the Equipment on two computers or mobile devices to verify whether it is an Equipment problem and not a computer/mobile device problem.
Equipment Return Procedures
If you are eligible to return Equipment, please submit an Equipment return request using our online Support feature, specify the reason for the return, and include the model and MAC number and we will issue a Return Material Authorization (RMA) number to accompany your authorized return, which will also tell you where to ship the Equipment. We cannot accept any return, without a RMA number. Please pack the Equipment in its original packaging with the original carton contents that we provided to you; and include a copy or your NetOnTheRun.com purchase receipt or other proof of purchase. All Equipment must be in like-new condition (reasonable wear and tear excepted) and include all accessories included in original Equipment package. Refunds, deposit returns and exchanges will only be issued to the purchaser whose name appears on the purchase receipt. Please retain a copy of your purchase receipt for your records. Equipment subjected to neglect, misuse, liquid damage or non-standard wear and tear, is not eligible for our return or exchange programs. Shipping and handling charges are not refundable. Restocking fees may apply. To the fullest extent permitted by applicable law, you are responsible for paying all shipping, insurance and any other costs in connection with your return of Equipment for any reason. NetOnTheRun.com reserves the right to refuse delivery of any Equipment if you have not paid such costs NetOnTheRun.com may accept delivery and bill you for such costs.
Please note that returning your Equipment does not automatically terminate your subscriptions to the Mobile Service. In order to cancel your Services subscriptions, please use our online Support feature
If you purchased your Equipment from another retailer or website, the retailer's or website's return policy applies to your device; please do not return it to NetOnTheRun.com