Terms and Conditions
Please read these terms and conditions thoroughly. These terms and conditions constitute an important agreement between you and the provider of your AirFire Mobile service. The provider is Airadigm Communications, Inc. These terms govern all use from your AirFire Mobile phone.
Acceptance by Buyer: By activating and making your first call on your AirFire Mobile phone, you agree to these Terms and Conditions. Each time you pay for service, you confirm your acceptance of this agreement. If you do not accept this agreement, do not use the phone. Return the unused phone and all packaging to the location at which it was purchased within 10 days of activation for a refund.
Our Rights To Make Changes: Your service is subject to our business policies, practices, and procedures, which we can change at any time without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY PROVIDING NOTICE PRIOR TO THE TIME THE CHANGES GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES.
Nature of Services: You do not pay “per minute” charges for voice, text, or data service when your service is used on our network. In an effort to offer this service on a reliable basis at a reasonable cost, AirFire Mobile may discontinue providing service to you, discontinue your account, or discontinue providing connections to telephone numbers or types of services used or called by you, that, in the sole judgment of AirFire Mobile, appear likely to generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers of AirFire Mobile. For example, the service is not intended for telemarketing, call center, tie-line, chat lines, monitoring services, extreme high volume use, or for a dedicated access line to the Internet. In addition, if any call duration exceeds one hundred twenty (120) minutes, AirFire Mobile may terminate the call. If you subscribe to any services or calling plan, even those that are described as “unlimited” you should be aware that such “unlimited” plans are also subject to these terms. By initiating service and placing calls on the AirFire Mobile network, you acknowledge and agree to our ability to terminate your service under these circumstances.
Data Usage: AirFire Mobile permits the use of our data service for browsing the Internet (via AirFire phones or devices), using email, downloading legally permissible content via the Internet, and accessing and using corporate email and/or corporate business applications associated with your place of employment. Service is not intended to provide full-time data connections, and the service may be disconnected after sessions of excessive usage. AirFire Mobile reserves the right to limit throughput or amount of data transferred, deny service or terminate service without notice to anyone it believes is using the service in any manner prohibited, whose usage adversely impacts the network, service levels, or hinders access to the network. AirFire Mobile does NOT guarantee security. Data service may not be accessible while roaming off the AirFire network.
Mobile Internet Practices: We are committed to providing you with the best online experience possible. We do not block you from accessing lawful websites, subject to reasonable network management, not do we block applications, or engage in “throttling” to reduce the throughput to customers using more bandwidth than other customers. We use an “open pipe” approach and undertake our best efforts to ensure a quality on-line experience for all of our customers. This means that at times of heavy usage, you may experience delays in downloading or uploading files or a sluggish Web surfing experience. You may access our Mobile Internet Disclosure statement on our website at www.airfiremobile.com or obtain a copy at any AirFire Mobile retail location.
Off-Network Usage: The primary use of your device must be within the AirFire Mobile owned network. We reserve the right to deny, terminate, suspend, modify or disconnect service if more than 50% of your voice and/or data usage is on a partner network. The display on your device may not always indicate if you are on the AirFire network or a partner network.
How Service Works: Service is limited to the operating range and capacity of the AirFire Mobile and partner networks. Our wireless network is the area depicted in the coverage brochure you received with this agreement and may change from time to time. If you subscribe to the $35 Unlimited Plan, except for 911 calls and any "travel" service to which you have subscribed, you will not be able to use your wireless phone outside of the service area designated as AirFire Mobile Home Network for any calls, including local calls and long distance calls.
Service depends on radio transmissions. Many factors beyond the control of AirFire Mobile affect your ability to make and receive calls and the quality of those calls including, but not limited to: weather, terrain, building and structures, network capacity issues, system outages or failure of equipment to operate as expected, accidents or other events outside of our control. You agree to hold AirFire Mobile harmless against any and all claims, demands, actions or other causes of action arising out of the use or attempted use of the service. Statements made by AirFire Mobile employees, representatives or agents about coverage are only intended to describe approximate coverage. Statements should not be interpreted that service will be available under all circumstances, at all times, without interruption.
Charges: Service charges are billed in advance and payment is due before the first day of your monthly service period. Your monthly service period is 30 days. You may also choose to pay for 2, 4, or 7 days of service (Pay-by-the-Day) at any time after the purchase of your first 30 days of service. Pay-by-the-Day service may not be available on all calling plans. Day 1 of your service starts the day you activate your AirFire service. You may be sent a courtesy text message before your service expires reminding you to pay your next month of service. Service will be suspended if payment is not received before the expiration of your current service period. You are responsible for all charges to your account, whether or not you were the user of the wireless phone. To receive Family Plan discounts, a minimum of three lines of service on the same account must be paid for in the same transaction for a minimum of 30 days each. Pay-by-the-Day purchases are not eligible for Family Plan discounts. Family Plan discounts may not be available on all calling plans.
Service Fees & Taxes: The Program Recovery Fee, Federal Universal Service Fee, Wisconsin Universal Service Fee, and the Wisconsin Police and Fire Protection Fee are included in the price of your service charge. State and county sales taxes are applied in addition to the service charge.
Payment: You may pay by credit card, check, debit card or cash at AirFire Mobile operated retail stores. There may be a convenience fee charged if you pay at an agent location. Services paid for in advance are non-refundable. All returned checks will be charged a Non Sufficient Funds (NSF) fee. You also may pay by credit card on our website at www.airfiremobile.com or by calling our automated payment line by dialing #369 from your AirFire Mobile handset when you are on our network or by dialing 920-707-7369 from any phone or any location. Payments made through our website or payment line may take up to 24 hours to process.
Autopay: You may authorize a recurring payment to automatically renew your service through a credit card. This authorizes us to charge all amounts owed for your next service period to the credit card up to five days prior to the expiration of your current month of service. If the card is declined, service will be interrupted at the end of your current service period. To sign up for Autopay, you must fill out the appropriate form at a retail or agent location or on the AirFire Mobile website.
AirFire Travel Time (only applies to the $35 Unlimited Plan): If you want to use your wireless device when you are outside of the AirFire Mobile Home Network coverage area (commonly known as “roaming”), or want to use optional services and/or features that are not included in your calling plan, you must pay for such services and/or features in advance by paying money into your AirFire Mobile Travel Time account. A minimum payment of $10 is required to establish your Travel Time account. Payments for services based on usage are deducted from your Travel Time account. There may be a short delay deducting roaming charges from Travel Time. AirFire Mobile reserves the right to change the minimum payment and balance notifications without notice. If your minutes of use or text messaging use on another carrier’s network are excessive or abnormally high, AirFire Mobile may terminate your service or deny your continued use of other carriers’ coverage. The balance in your Travel Time account is specific to a single line of service and is nonrefundable. If you or AirFire Mobile terminates your service for any reason, the balance in your Travel Time account will be forfeited and will not be refunded to you. If you switch from the $35 Unlimited Plan to another AirFire Mobile calling plan, the balance in your Travel Time account will be forfeited and will not refunded to you. As long as you continue to subscribe to the $35 Unlimited plan, any unused amounts you paid into your Travel Time account will be carried over from one service period to the next.
International Calling: Domestic long distance calls are included with your service. This includes calls to the United States, Canada, Puerto Rico, Virgin Islands and Guam. Some locations such as Jamaica only require you to dial 1 plus the area code. These calls will be charged the current international rate. If you want to place calls to an international location, you must purchase the $60 International Plan to activate international calling on your account. The International Plan allows you to make unlimited calls and texts, subject to the “Misuse and Excessive Usage” policy described below, to select phone numbers in select countries, as determined solely by AirFire Mobile. The countries and/or phone numbers within a country to which you are able to call are subject to change at any time without prior notice. Calls and texts to international destinations may only be made while you are on the AirFire Mobile network. You may use the phone number look-up tool on our website at www.airfiremobile.com to determine if the international phone number you desire to call is available to call using AirFire Mobile’s international calling plan.
10 Day Return Policy: In order to receive a refund for service paid in advance and for the phone, you must return the phone in "like-new" condition with proof of purchase and all original packaging and contents to the place of purchase within the first 10 days of use. If airtime usage is greater than 500 minutes, a restocking fee of $35 on the handset will be deducted from your refund, and you forfeit the first month’s service charge. If original payment was made by credit card, we will credit the refund to the same card. If payment was made by check, the refund will be made by corporate check which can take up to 30 days after we have verified that your original check has cleared the bank. If original payment was made by cash, we may pay the refund by cash, but we reserve the right to issue a corporate check.
Authorized Signer and Minors: You agree to be the authorized signer and guarantee payment for all charges incurred. Account information will only be provided to you. You may put a secondary user on the account that is able to make inquires and payments. All usage of service by minors is subject to these Terms and Conditions.
Your Wireless Device: Your wireless device is any device you use to receive our wireless voice or data service. It must comply with Federal Communications Commission regulations and be compatible with our network and your calling plan. AirFire Mobile allows you to buy your device from us or from someone else; however, we do not provide settings or support for devices that were not bought from us. At times we may change your wireless device's software, applications or programming remotely and without notice. This could affect data you've stored on, or the way you've programmed, your wireless device. We are not responsible if you modify your device without specific prior written approval from us. If you did not buy your wireless device from us, AirFire Mobile has not made any determination as to the call quality or other functionality provided by your device. AirFire Mobile does not in any way warrant that your device will operate without error on our network, will operate without the need for periodic upgrades or modifications, or will not be adversely affected by network-related modifications, upgrades or similar activity.
Disclaimer of Warranty: AirFire Mobile does not manufacture wireless devices or provide the warranties for those items and we do not authorize anyone to make a warranty of any kind on our behalf. The manufacturer provides a 1 year warranty (from the date of purchase) against defects in workmanship or materials on new handsets. Warranty is not valid on lost, stolen, or damaged phones. Transferred handsets from one party to another have no warranty. You must mail the phone directly to the manufacturer for repair work. AirFire Mobile retail locations may have a phone to loan to you when your phone is sent in for warranty work. A refundable deposit is required.
Lost or Stolen Phones: If your wireless device is lost or stolen, immediately notify us by calling toll free 1-888-687-1130. We will promptly suspend service to your number.
Emergency 911 Disclaimer: AirFire Mobile is not liable for any service limits, failures, or outages, including without limit, the failure of alerts, 911, emergency, priority access, or secure service calls to be connected or completed, or the failure to provide alerts or accurately locate any 911 call. Location services, including 911 location services, emergency or other alert system, priority access, and secure calls may not be available in your area. If you dial 911 for emergency services, AirFire Mobile is required by Federal Communications Commission regulations to provide your network location to a public safety answering point.
Misuse and Excessive Usage: Use of AirFire Mobile phone service is intended for general consumer use within the AirFire owned and operated market. AirFire Mobile has the sole judgment on what constitutes abnormally high call volumes, text message volume, or abnormally long average call lengths. We may also suspend or terminate your service if we have reason to believe you are using our service for any fraudulent, obscene, illegal, harassing, or abusive purpose. AirFire Mobile reserves the right to terminate your service and/or specific calling activity immediately if we determine, in our sole discretion, that your use of AirFire service is excessive, unusually burdensome, or unprofitable to us.
IN ADDITION, WE MAY SHARE NON-PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU AND YOUR USE OF SERVICES YOU PURCHASE FROM US WITH OTHER AIRFIRE MOBILE COMPANIES, VENDORS AND THIRD PARTIES SO THAT WE MAY PROVIDE OUR OWN, OR RELEVANT THIRD-PARTY, ADVERTISING TO YOU. IF YOU DO NOT WANT US TO COLLECT OR USE SUCH NON-PERSONALLY IDENTIFIABLE INFORMATION FOR THIS PURPOSE, YOU SHOULD NOT USE THE SERVICES. BY USING THE SERVICES, YOU EXPRESSLY AUTHORIZE US TO USE YOUR INFORMATION FOR THESE PURPOSES. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.
Termination; Limitation of Liability: AirFire Mobile reserves the right to cancel this service at any time for any reason without prior notice. You agree to indemnify and hold AirFire Mobile harmless from all claims, actions, suits, demands and judgments (including attorneys’ fees and costs which you may have to pay in defending against any claim), arising from your use, possession or other relationship to goods supplied or worked on by AirFire Mobile employees, agents or others designated to perform for AirFire Mobile, including but not limited to any expenses arising from actions brought under the Occupational Safety and Health Act or other governmental regulations or laws.
Customer Service: If you have any questions regarding your service or information in this agreement, you may call our Customer Care center at 1-800-745-1818 or 611 from your AirFire Mobile phone.