LIFELINE TERMS AND CONDITIONS OF SERVICE Please read these Fybe Lifeline Terms and Conditions of Service carefully. These FybeLifeline Terms and Conditions of Service are a legally binding agreement between you (hereinafter referred to as “you” or “your” or “Applicant”), and Roanoke Connect Holdings, LLC dba Fybe. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. Fybe reserves the right to change or modify any of these Fybe Lifeline Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Fybe Lifeline Terms and Conditions of Service will be binding upon you once posted on the Fybe website at www.gofybe.com. You should check the Fybe website regularly for updates to these terms.
By enrolling in the Fybe Lifeline Program (“Program”) and by using theFybe Lifeline Service (hereinafter the “Service” or “service”), you, the participant, acknowledge and agree to the following terms and conditions:
Fybe LIFELINE PROGRAM DESCRIPTION.
Fybe Lifeline Service is funded by the Universal Service Fund Lifeline program and administered by the Universal Service Administrative Company. In order to qualify for enrollment in the Program, you must meet certain eligibility requirements set by The Federal Communications Commission (FCC). These requirements are based on a person’s participation in a federal support program or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the US Government. Federal law limits the availability of the Lifeline benefits. Federal law permits only one Lifeline benefit per household (which is defined as any individual or group of individuals who live together at the same address and share income and expenses). As an Applicant for the Fybe Lifeline Program, you must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury:
The information provided in the application is true and correct to the best of your knowledge; you acknowledge that willfully providing false or fraudulent information in order to receive Lifeline service is punishable by fine or imprisonment, termination of all Lifeline benefits, and being barred from participating in the Lifeline program.
You acknowledge that non-usage over a consecutive thirty (30)-day period will result in your de-enrollment from this Lifeline service.
You are eligible for Lifeline service through participation in the qualifying program(s) or meeting the income requirements as identified in the application.
You have provided documentation of eligibility for Lifeline service unless otherwise specifically exempted from providing such documentation.
You will inform Fybe within thirty (30) days of any potential change in eligibility, including, but not limited to: (i) a move or change of address; (ii) any change in participation in the programs identified in the application or change in income or household members; (iii) receiving Lifeline service from another provider; or (iv) any other change that would affect your eligibility for Lifeline service. If you fail to inform Fybe of any of these changes, you understand under penalty of perjury; you may be subject to penalties.
You have provided the address where you currently reside and, if a Roanoke temporary address has been provided, then you acknowledge that Fybe will attempt to verify your address every ninety (90) days, and, if you do not respond to verification attempts within thirty (30) days, then you may be de-enrolled from your Lifeline benefits.
Your household will receive only one Lifeline benefit and, to the best of your knowledge, no one in your household is currently receiving Lifeline service from any other provider.
You acknowledge that you will be required to annually re-certify eligibility and may be required to re-certify continued eligibility for Lifeline at any time and failure to re-certify will result in the termination of Lifeline benefits or other penalties.
You authorize Fybe and its agents to access any records (including financial records) required to verify your statements in the application and to confirm your eligibility for Lifeline service.
You authorize government agencies and their authorized representatives to discuss with and/or provide information to Fybe and its agents verifying your participation in public assistance programs that qualify you for Lifeline service.
You acknowledge and consent to your name, telephone number, and address being divulged to the Universal Service Administrative Company (USAC) (the administrator of the program) and/or its agents for the purpose of maintaining the information in a database and verifying that you, as a subscriber, do not receive more than one Lifeline benefit. In the event that USAC identifies that you are receiving more than one Lifeline subsidy for your household, all carriers involved may be notified so that you may select one service and be de-enrolled from the other.
You may be required to provide copies of documents proving your eligibility to participate in Lifeline. You should not send original documents to Fybe. Documents sent to Fybe will not be returned. Fybe is not responsible for any losses resulting from the destruction of documents sent to Fybe.
Applicants who do not meet the eligibility requirements will be notified by Fybe’s Lifeline Administrator of their non-eligibility. Upon enrollment in the Fybe Lifeline Program, you will be qualified to participate for up to one (1) year. To continue your enrollment in the Program after the initial year, you must re-certify annually that you are qualified for continued enrollment in the Program as required by the FCC. Fybe will also conduct re-certification drives according to its rules. If Fybe determines during its re-certification drive, or at any other time, that you fail to continue to qualify for the Lifeline Program, you will immediately be deemed ineligible to participate in the Fybe Lifeline Program, you will be de-enrolled from the Program and you will no longer receive your free services. If you are no longer eligible (for any reason) for enrollment in the Fybe Lifeline Program, you must, within thirty (30) days, notify Fybe that you no longer meet the eligibility requirements for enrollment. Your enrollment may also be cancelled upon the request of a state and/or federal authority. Once enrollment in the service has been cancelled, you may keep your phone number and continue Fybe Service at the current non-Lifeline rates as posted online at www.gofybe.com.
Fybe reserves the right to cancel your enrollment and/or permanently deactivate your Fybe phone for fraud, misrepresentation, or other misconduct as determined solely by Fybe. While participating in the Fybe Lifeline Program, you shall not be permitted to sell, rent, give away or in any way allow another person to use the Fybe Service provided to you by Fybe. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE FYBE PHONE OR FYBE SERVICE PROVIDED TO YOU BY FYBE. Any violation of this provision will be reported to the appropriate legal authorities for prosecution. In addition, if Fybe determines, in its sole discretion, that you have violated these provisions, Fybe will permanently de-enroll you from the Fybe Lifeline Program, your phone will be permanently deactivated, and your personal information will be permanently flagged so that you may not re-enroll in the Program in the future. If you have any questions, concerns, comments or complaints regarding the Fybe Lifeline Program or Service, offerings or products, please call Fybe Customer Care at (800) 433-2236, option 4.
ACTIVATION AND USE OF YOUR FYBE PHONE NUMBER Upon enrollment in the Fybe Lifeline Program, you will receive a Fybe phone number for the home address as noted in the application. You must accept the Fybe telephone number assigned to your Fybe phone at the time of activation and you will acquire no proprietary interest in any number assigned to you. Fybemay allow you to port your existing number to your Fybe account. The number assigned to your Fybe account at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may not select a number to be assigned to you. The Fybe phone assigned to you can only be used through Fybe. Services are provided at Fybe’s discretion.
RATES AND USAGE INCLUDED MONTHLY BILL.
While you are enrolled in the Fybe Lifeline Program, you will receive 60 minutes for the basic voice service. Fybe offers one plan for Fybe Lifeline customers with an add on for international calls. This plan is as follows:
Minutes Included in Plan
INTERNATIONAL CALLING. International Calling is not included in the basic plan, but is available by request for an additional charge of $9.99 a month for 30 minute plan.
SERVICE END DATE, DEACTIVATION AND REACTIVATION. As a Fybe customer, you will receive three hundred and sixty-five (365) service days upon your enrollment and activation in the Fybe Lifeline Program and another three hundred and sixty-five (365) service days following each successful annual re-certification for your continued program eligibility in the Fybe Lifeline Program. If you fail to complete your annual re-certification, you will be de-enrolled from the Fybe Lifeline Program. Upon de-enrollment from the Fybe Lifeline Program, you will cease receiving monthly allotment of services. If you are de-enrolled, you may continue to use your phone so long as your phone service remains active. If you are de-enrolled from the FybeLifeline Program and you allow your remaining service days to expire or go “past due,” your phone service will be deactivated. You may lose your telephone number. If you choose to reactivate your phone by completing the annual re-certification within sixty (60) days after your re-certification due date, you will be re-enrolled in the Fybe Lifeline Program and continue receiving the monthly lifeline service.
If your service is deactivated, you may reactivate your service by either reenrolling in the Fybe Lifeline Program (if eligible) or purchase any of the other non-Lifeline Fybe service options. Upon reactivation of your phone, you may be assigned a new telephone number and Fybe reserves the right to assess a Reactivation Fee of up to twenty-five dollars ($25.00) to reactivate service.
If you have been de-enrolled from the Fybe Lifeline Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase another non-Lifeline Fybe service option before the “Service End Date” displayed on your phone. To prevent any interruption in your phone service, please keep your handset service active by timely completing your annual recertification as required by the Fybe Lifeline Program or, if no longer eligible, by purchasing and adding non-Lifeline Fybe service before your Service End Date.
“No Usage” De-Enrollment and Deactivation: Regardless of the Service End Date displayed on your handset, if you exceed thirty (30) days without any Usage (as defined in this section), you will be notified by Fybe of your impending de-enrollment from the Fybe Lifeline Program. If you exceed forty-five (45) days without any Usage, you will be de-enrolled from the Fybe Lifeline Program. “Usage” is defined as any transaction including, but not limited to, making a call to anyone or receiving a call from anyone other than Fybe, sending or receiving a text message, using data, adding airtime, or completing a recertification. You may also prevent disconnection for non-usage by responding to a direct contact from Fybe and stating that you want to continue your service. Upon de-enrollment for non-Usage, you will have up to a thirty (30) day grace period to reenroll in the Fybe Lifeline Program by using your Fybe phone or calling 1-800-433-2236, option 4. If you do not re-enroll, use your phone or call Fybe Customer Care within thirty (30) days of your de-enrollment, your phone service will be deactivated. In order to reactivate your Fybe phone and re-enroll in the Fybe Lifeline Program, you will need to call Fybe Customer Care. Upon successful re-enrollment, you will receive the monthly minutes available with the Fybe Lifeline Plan you choose. You will not, however, receive any minutes for the period of time you were not enrolled in the Fybe Program.
OUR RIGHT TO TERMINATE YOUR FYBE SERVICE. You agree not to give away, resell or offer to resell the Fybe phone or Service provided by the Fybe Lifeline Program. You also agree your Fybe Lifeline Program service will not be used for any other purpose that is not allowed by this agreement or that is illegal. FYBE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE FYBE LIFELINE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if you: (a) violate any of the terms and conditions of service; (b) lie to Fybe or attempt to defraud Fybe; (c) allow anyone to tamper with your Fybe Lifeline Program service; (d) threaten or commit violence against any of Fybe’s employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with Fybe’s representatives; (f) steal from Fybe; (g) harass Fybe’s representatives; (h) interfere with Fybe’s operations; (i) engage in abusive messaging, emailing or calling; or (j) use the service in a way that adversely affects Fybe’s networks or the service available to Fybe’s other customers. Fybe reserves the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offenses (i.e. selling or giving away your Fybe Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s telephone system. At any time, Fybe reserves the right to substitute and/or replace any Fybe equipment with other Fybe equipment of comparable quality. Fybe does not warrant or guarantee the availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Fybe shall not have any liability for service failures, outages or limitations of Service. Because of the risk of being struck by lightning or fire, you should not use your Fybe Lifeline Program Service outside during a lightning storm or near gas pumps. You should also unplug the phone power cord and charger utilized for Fybe Lineline Program services to avoid electrical shock and/or fire during a lightning storm.
EMERGENCY CALLS. Fybe customers have access to 911. If there is no power to your Fybe Lifeline Program phone, your call to 911 may not go through and you should dial 911 from your wireless phone.
LIMITATION OF LIABILITY. Fybe is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. Fybe will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Fybe, its officers, directors, employees, and agents from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of the Fybe Lifeline Program service and/or use of the Fybe Services, whether based in contract and regardless of the form of action.
BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF FYBE PHONE SERVICE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE FYBE AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with Fybe, arising out of or relating to the Fybe Service or any equipment used in connection with the Fybe Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude Fybe from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Fybe phone service, its software, the Fybe Service and/or PIN numbers, in state or federal court. References to you and Fybe include each party’s respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims, except those excluded above, will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Fybe by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by these Fybe Lifeline Terms and Conditions of Service. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7870. You and Fybe agree that use of the Fybe Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Fybe Lifeline Terms and Conditions of Service. You and Fybe agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. 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 if this preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and Fybe in accordance with the AAA Rules, except that Fybe will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless you and Fybe agree otherwise, the location of any arbitration shall be Kansas City, Missouri. Except where prohibited by law, you and Fybe agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor Fybe shall disclose the existence, contents, or results of any arbitration, except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction. Notwithstanding the provisions of this Section, you may file a complaint with the applicable state regulatory commission. If either you or Fybe is not satisfied with the outcome of the complaint before the state regulatory commission, either party may request arbitration as described in this Section 17 as its only remedy.
TAXES AND SURCHARGES. Fybe charges state and local sales tax. Pricing listed on the Fybe website or in advertising for service do not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of Fybe service regardless if the subscriber was the actual user of service. 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 these taxes and surcharges is subject to change and may vary from time to time and by geographic area. Fybe collects sales tax on all Fybe Phone service plans and will also collect regulatory fees as required by the State of North Carolina. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority. Taxes and fees are subject to change without notice.
GOVERNING LAW. This Agreement shall be construed under the laws of the State of North Carolina, without regard to its choice of law rules, except for the arbitration provision contained in these Fybe Lifeline Terms and Conditions of Service, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.