This Agreement (including any attachments or schedules and applicable tariffs governs the provision of the Services by Blue Jay Wireless LLC (referred to herein as “Blue Jay Wireless” or the “Company”) to you (referred to herein as “you,” “your,” “applicant,” “subscriber,” or “user”) and your use of the Services and Mobile Devices activated for use with the Services. As used in this Agreement, the term: (A) “Services” means services to the subscriber under a service plan provided by or through Blue Jay Wireless to your Mobile Device; and (B) “Mobile Device” means as mobile phone or other device, accessory or other product, provided or sold to you by Blue Jay Wireless, or that is activated or used under your Blue Jay Wireless account.
Read Carefully. Please read these terms and conditions carefully as they contain information about your use of the Services and the Mobile Device. This Agreement becomes effective and legally binding upon you when you activate or use a Mobile Device associated with the Services. You must be 18 years old to enter into this Agreement.1 IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT OR ARE NOT 18 YEARS OLD, PLEASE DO NOT USE OR ACTIVATE THE MOBILE DEVICE.
Application of Tariffs. Blue Jay Wireless may be required to file schedules regarding the delivery of certain Services with the California Public Utilities Commission. In the event that such schedules are filed with respect to any of the Services ordered by you, the terms set forth in the applicable schedule (or any successor document) shall govern Blue Jay Wireless’ delivery of, and your use of, the Services subject to the tariff. Such schedules are hereby incorporated by reference.
Changes. Blue Jay Wireless reserves the right to change or modify these terms and conditions or its policies at any time. Should Blue Jay Wireless wish to make any changes to its provision of California LifeLine services, it will seek authority, as necessary, from the California Public Utilities Commission. The changes will become effective at the time the change is posted on the Blue Jay Wireless website at www.bluejaywireless.com. If the change has a material adverse impact on your use of the Services (i.e. higher rates or charges, or more restrictive terms or conditions), Blue Jay Wireless will provide advance notice to you of the change. You may terminate the Services without termination penalties within 30 days of receiving such notice. If you do not terminate the Services within this period, you agree to accept any such changes. Please check the Blue Jay Wireless website often for updates and changes.
Service Subject to Availability; Coverage. The furnishing of Service is subject to the availability in the area in which you wish to use the Mobile Device. Local phone numbers may not be in all areas. Coverage is not available everywhere and quality of Services may be affected by conditions beyond Blue Jay Wireless’s control, including atmospheric, geographical, or topographical conditions. Subscribers do not have the ability to use the Services with any other wireless phone, device, or on another network. Services may also be affected by damage to wireless handsets. Blue Jay Wireless does not guarantee, or warrant, that the Services will be available at any specific time or geographical location, or that the Services will be provided without interruption. If there is no wireless coverage, your call to 911 may not go through and, in that case, you should dial 911 from the nearest landline phone. Moreover, by removing your wireless cell phone from a residence that does not have other phone services, residents may not have a way to make 911 calls during an emergency.
Hearing, Visual or Speech Impaired Accommodations. Any hearing, visual or speech impaired persons interested in obtaining the Services using a specially equipped Mobile Device or other available accommodation in compliance with all applicable laws, rules, and regulations should call Blue Jay Wireless at 855-425-8529.
Airtime Expiration; Deactivation. For non-rollover plans, unused airtime expires 30 days from date of loading. Subscribers using non-California LifeLine Services must purchase and load airtime at least once during any consecutive 60-day period. If no additional airtime is loaded within 30 days after the airtime expiration, your non-California LifeLine Service will be deactivated.
No International Services. International calling through the Service or on the Mobile Device is strictly prohibited. Airtime may only be used for domestic calling and other Services as provided to you within the United States. Although attempts to place international calls should be blocked, if an international call is attempted and successful on your Mobile Device, your Services will be immediately suspended. You may release your account from suspension by purchasing sufficient airtime to cover the fees for the international calls.
Fraudulent Calls. You are responsible for all fraudulent use of your Mobile Device. In the event you discover fraudulent calls are being made (or reasonably believe fraudulent calls are being made) with your Mobile Device or on your Blue Jay Wireless account, you must immediately notify Blue Jay Wireless at 611 or 855-425-8529. In the event Blue Jay Wireless discovers fraudulent calls are being made (or reasonably believes fraudulent calls are being made), you agree and acknowledge that Blue Jay Wireless may take action to prevent such fraudulent calls from taking place, including the suspension or termination of the Services.
Termination. Either party may terminate this Agreement upon notice to the other party. Unless otherwise specified in these Terms and Conditions, Blue Jay will provide notice 30 days prior to termination. Such notice shall include 1) the reason(s) for termination and 2) steps you can take to avoid termination. Upon any deactivation or termination of Services, you acknowledge and agree that Blue Jay Wireless may reassign the phone number that had been assigned to your Mobile Device.
Prohibited Network Uses. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms, unduly interferes with or degrades the use of Blue Jay Wireless's network or systems. Blue Jay Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice, text or data uses detailed below. Blue Jay Wireless voice and text services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. Blue Jay Wireless voice and text services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Blue Jay Wireless data services are provided solely for purposes of personal (i.e., non-commercial) use including web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Blue Jay Wireless’ services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a Blue Jay Wireless handset designated for such usage); or (vi) for any other reason that violates our policy of providing service for individual use.
Unlimited Use Plans. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to this Prohibited Network Uses policy.
No Resale. You may not resell the Services. You may not sell the Mobile Device to a third-party if the Mobile Device is actively being used for California LifeLine service. Any Mobile Device provided at no cost to you for use with Blue Jay Wireless California LifeLine service may not be sold to a third-party at any time. Blue Jay wireless Mobile Devices may be utilized on another carrier’s network provided that carrier utilizes the same underlying network technology. Subscribers may not sell or resell data content.
Services Plans and Charges. Service plan descriptions and charges are specified in the Pricing Schedules attached this the Agreement and posted on our website at www.bluejaywireless.com. You may not be eligible for certain Service plans or pricing. Service plans and descriptions may be modified by posting a revised Pricing Schedule on the Blue Jay Wireless website.
Taxes and Other Fees. Blue Jay Wireless charges state and local sales taxes. You are responsible for payment or reimbursement to Blue Jay Wireless of any fees, taxes or surcharges that are imposed or authorized by regulatory and governmental entities, including but not limited to, any and all applicable federal, state, local or foreign use, excise, sales, gross receipts or privilege taxes, charges or surcharges (however designated), regulatory fees, value-added and other taxes, levies, surcharges, duties, fees, pay-phone service provider compensation or other related surcharges, chargeable to or against Blue Jay Wireless or subscriber because of the Services provided to you, as well as Blue Jay Wireless administrative fees. You shall indemnify, defend and hold harmless Blue Jay Wireless against any damages, losses, claims or judgments arising out of any exemption claimed by you or your failure to pay taxes or regulatory fees, including, without limitation, any liens, attachments, fines or penalties. Taxes, surcharges and other fees are subject to change without notice. California LifeLine customers are exempt from this section (See Part 2, below).
Billing and Other Disputes. If you, in good faith, dispute any portion of any Blue Jay Wireless invoice, you shall submit to Blue Jay Wireless written documentation identifying and substantiating the disputed amount. Billing disputes and written documentation may be submitted by fax at 972-387-4830 or by mail to Blue Jay Wireless, attn: Customer Service, 4240 International Parkway, Suite 140, Carrollton, TX 75007. Any disputed amounts resolved in favor of you shall be credited to your account. Any disputed amounts determined payable by you to Blue Jay Wireless shall be due within ten (10) days of the resolution of the dispute. Blue Jay Wireless may, without the obligation to arbitrate, seek to recover amounts owned to it by you in any court with jurisdiction. Otherwise, any dispute arising out of or relating to this Agreement that has not been resolved by the good-faith efforts of the parties (see Dispute Resolution below) shall be settled only by binding arbitration, which may be initiated by either party, and conducted in accordance with this Agreement. Third-party contact information is also available by calling Blue Jay Wireless at 611 or 855-425-8529.
Refunds. Blue Jay Wireless is not responsible for, nor will the Company refund any lost, stolen, misused, or damaged Blue Jay Wireless additional minute or data “top-ups.” Additional minutes and data purchased must be applied to a subscriber’s account within 1 year of purchase. Blue Jay Wireless does not accept returns or provide refunds for any Blue Jay Wireless additional minute or data “top-ups” All purchases of Blue Jay Wireless additional minute or data “top-ups” are final and non-refundable regardless of who uses or possesses the subscriber’s wireless phone after airtime is purchased, and regardless of whether the wireless phone is used with the subscriber’s consent or knowledge. In addition, all monthly charges are non-refundable.
Returns. Mobile Devices purchased or received for free directly from Blue Jay Wireless may be returned for a full refund or replacement at a Blue Jay Wireless authorized location within 90 days of activation, provided that, you return the complete Mobile Device in the same condition it was received at the time of activation with original contents and packaging. Blue Jay Wireless does not charge a restocking fee for such returns. Mobile Devices that are visibly damaged will not be covered under the 90-day return policy. Please contact Blue Jay Wireless at 611 or 855- 425-8529 for additional instructions. Blue Jay Wireless provides new and refurbished Mobile Devices to subscribers. Mobile Device models may vary. Blue Jay Wireless reserves the right to replace Mobile Devices with various models at its sole discretion. All Mobile Devices purchased directly from Blue Jay Wireless include a 90-day warranty from Blue Jay Wireless. Subscribers that experience a Mobile Device malfunction should call Blue Jay Wireless at 611 or 855-425- 8529.
Lost or Stolen Equipment. If you lose your Mobile Device or it is stolen, you are responsible for all charges incurred until Blue Jay Wireless is notified that the Mobile Device has been lost or stolen. To report a lost or stolen Mobile Device, you should contact Blue Jay Wireless at 855- 425-8529. Upon receiving notice of the lost or stolen phone, Blue Jay Wireless will suspend the account immediately. You will be provided an option to reactive your account with a new Mobile Device. If you do not activate a Mobile Device or notify Blue Jay Wireless that you have found your original Mobile Device within 30 days of the suspension of the account, the account will be terminated and Blue Jay Wireless will assign the wireless phone number associated with that Mobile Device to another user.
Wireless Phone Number. Blue Jay Wireless subscribers must accept the number that is assigned to them at the time of activation. In the event a subscriber desires and is eligible to port a number, they can do so at no cost by contacting Blue Jay Wireless Customer Service at 972-788- 8860. The wireless phone number Blue Jay Wireless provides for your use is and will remain the property of Blue Jay Wireless. Blue Jay Wireless may reassign your wireless phone number to another subscriber, without giving notice, if you cancel the Services, or if the account expires, is deactivated or is otherwise terminated. You may transfer a wireless number prior to the wireless number being reissued to another subscriber and if you wish to do so, please contact Blue Jay Wireless Customer Service at 611 or 855-425-8529.
Transferring a Phone Number From Another Carrier. In some situations, you may transfer an existing telephone number used with another provider to your Blue Jay Wireless account to use with your Mobile Device. Blue Jay Wireless does not charge a fee to transfer an existing telephone number. To switch an existing phone number to Blue Jay Wireless, please contact Blue Jay Wireless Customer Service at 855-425-8529 and have a bill available from the existing provider. When a subscriber transfers service from another wireless carrier to Blue Jay Wireless, the former provider may charge you termination or other fees. Blue Jay Wireless will not reimburse you for any termination or other fees imposed by other providers.
Number Change. Subscribers can switch wireless numbers for an additional fee. To make this change, subscribers should call Blue Jay Wireless at 611 or 855-425-8529 to switch their wireless phone number. A charge of $15.00 may apply to number change requests.
Data Usage. For those California LifeLine and non-California LifeLine subscribers choosing to upgrade to a smartphone, data can be added to any phone plan starting at $0.10 per megabyte, a price that can be reduced on a “per megabyte” basis when the subscriber purchases multiple megabytes of data (a “Data Subscription”). Subscribers may purchase a Data Subscription allocation necessary to access the mobile internet in the following data allocations (“Data Subscription Rates”):
Data Subscription Rates:
Data usage will be deducted from the available data allocation in the purchased Data Subscription. Unused data expires at the end of the monthly Data Subscription period and may not be used in subsequent months. If a subscriber uses their allocation of data before the end of the monthly period, they will be required to purchase additional Data in order to access data or the mobile internet. Each month subscribers will be charged the monthly fee for the Data Subscription that they selected previously.
Subscribers may terminate their Subscription or switch to another Data Subscription by contacting Blue Jay Wireless at 611 or 855-425-8529. Subscribers are responsible for all data activity from and to their wireless phone, regardless of who initiates the activity. Blue Jay Wireless reserves the right to suspend, limit, or terminate a subscriber’s account without notice for any misuse or use that adversely impacts network performance. Blue Jay Wireless will not provide free access to data content.
Usage Notifications. Blue Jay will provide customers, at no charge: (a) a notification when consumers approach or have exhausted their allowance for data usage and (b) a notification when consumers approach or have exhausted their allowance for voice and text services. Notifications will be sent via text message to the customer’s wireless handset. These notifications will include information regarding options for adding additional voice, text and data services to their account. Because Blue Jay offers prepaid service, customers will not be assessed overage charges.
Service Interruptions. In the event Blue Jay Wireless determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, Blue Jay Wireless will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.
Disclaimer of Warranties. BLUE JAY WIRELESS MAKES NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE, OF THE SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN OR REGARDING THE MOBILE DEVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BLUE JAY WIRELESS ARE HEREBY EXCLUDED AND DISCLAIMED. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND BLUE JAY WIRELESS SHALL HAVE NO LIABILITY THEREFORE. BLUE JAY WIRELESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD-PARTIES. A SUBSCRIBER MAY RESIDE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS REMEDIES FOR BREACH. THEREFORE, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO ALL SUBSCRIBERS. A SUBSCRIBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY STATE.
Limitation of Liability. THE LIABILITY OF BLUE JAY WIRELESS TO YOU FOR CLAIMS THAT YOU HAVE AGAINST BLUE JAY WIRELESS, TO THE EXTENT ALLOWABLE BY LAW, IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICES FIRST GIVING RISE TO SUCH CLAIM OR OTHERWISE NO MORE THAN AN AMOUNT EQUAL TO THE SERVICE CHARGE IN THE MONTH IN WHICH THE CLAIM OR CLAIMS FIRST AROSE. BLUE JAY WIRELESS SHALL NOT BE LABILE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES FOR ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THE PROVISION OF THE SERVICES, FAILURE TO PROVIDE THE SERVICES, OR IN CONNECTION WITH A MOBILE DEVICE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS OR SERVICES.
Indemnification. You agree to indemnify and hold harmless Blue Jay Wireless 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 use of the Blue Jay Wireless Services or a Mobile Device, whether based in contract or tort (including strict liability) and regardless of the form of action.
Dispute Resolution. In addition to your rights and obligation under the Billing and Other Disputes provision of this Agreement, you agree to contact Blue Jay Wireless with any disputes by calling Blue Jay Wireless at 611 or 855-425-8529 or by writing Blue Jay Wireless at 4240 International Parkway, Suite 140, Carrollton, TX 75007, Attn: Customer Service or by fax to 972-387-4830. You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A Blue Jay Wireless representative will contact you at the last address you have provided or by phone. You may also utilize the complaint resolution process available to ratepayers through the California Public Utilities Commission’s Consumer Affairs Branch. This can be done by mail at CPUC Consumer Affairs Branch, 505 Van Ness Ave., San Francisco, CA 94102 or online at http://www.cpuc.ca.gov/puc/cec/e_complaint/. Blue Jay Wireless agrees to negotiate in good faith to resolve any dispute you may have. If a dispute resolution is not reached within 30 days after notice of dispute was given, either party may commence a binding arbitration proceeding in accordance with the Arbitration provision of this Agreement.
Force Majeure. Neither party shall be liable for any default or delay in the performance of its obligations hereunder (except for failure to pay amounts due) if and to the extent that such default or delay arises out of causes beyond its reasonable control, including without limitation acts of God, acts of war, acts of terrorism, earthquakes, fires, cable cuts, power outage, catastrophic network element failures, floods, riots, civil disorders, rebellions, strikes, lockouts and labor disputes (individually, each such event a “Force Majeure Event”).
Regulatory Requirement. If a regulatory body, or a court of competent jurisdiction, issues a rule, regulation, law or order that has the effect of materially increasing the cost to provide Services hereunder or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent and purpose of this Agreement and as is necessary to comply with such Regulatory Requirement. If the change has a material adverse impact on your use of the Services, Blue Jay Wireless will provide advance notice to you of the change. You may terminate the Services without termination penalties within 30 days of receiving such notice. If you do not terminate the Services within this period, you agree to accept any such changes.
Compliance With Laws. You shall comply with all laws, statutes, ordinances, codes, regulations and other pronouncements having the effect of law of any government authority with respect to its use of the Services.
Assignment. No assignment of this Agreement or any rights or obligations hereunder, by operation of law or otherwise, shall be made by you without the prior written consent of Blue Jay Wireless, such consent not to be unreasonably withheld.
No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no provision of this Agreement shall be deemed to confer on other third parties any remedy, claim, liability, reimbursement, cause of action or other right.
Notices and Contact Information. You may contact Blue Jay Wireless at: Blue Jay Wireless, 4240 International Parkway, Suite 140, Carrollton, TX 75007, Phone: 611 or 855-425-8529, Fax: 972-387-4830.
Mandatory, Individual Arbitration of Disputes. Blue Jay Wireless and subscriber agree that any and all disputes, except as otherwise provided in the Billing Disputes and the Dispute Resolution provisions above, will be arbitrated between us, on an individual, not on a class-wide or consolidated, basis. The arbitrator’s decision will be final and binding and may be entered in any court with jurisdiction. The arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules & Procedures, except nothing under this Agreement or the JAMS Comprehensive Arbitration Rules & Procedures will allow you to arbitrate on a class- wide or consolidated basis. As an exception to the obligation to arbitrate, if a claim qualifies for small claims court, either party may bring such claim in small claims court. Nothing prevents either party from bringing a dispute to the attention of any federal, state, or local government agency.
NO CLASS ACTIONS. TO THE EXTENT ALLOWABLE BY LAW, YOU EXPRESSLY AGREE THAT YOU SHALL NOT, AND YOU HEREBY WAIVE ANY RIGHT TO, PURSUE CLAIMS OR DISPUTES AGAINST BLUE JAY WIRELESS ON A CLASS-WIDE BASIS (JOIN YOUR CLAIM WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY) OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO JURY TRIALS. TO THE EXTENT ALLOWABLE BY LAW, EACH PARTY AGREES THAT THEY SHALL NOT SEEK, AND HEREBY WAIVES ANY RIGHT TO, TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Content and Data Services. Blue Jay Wireless Data Services will allow access to many forms of data content such as Internet, text, pictures, music, email, or other materials. Some data content that subscribers will access will be from other third-party websites or services. Data content from third parties may harm the Mobile Device or its software. Some of this data content may be: (i) offensive, indecent, or objectionable; (ii) unreliable and inaccurate; and (iii) otherwise unsuitable for minors. Subscribers of Blue Jay Wireless Data Services are solely responsible for evaluating the data content accessed while using the Services and the Company strongly recommends that you monitor data usage by minors. Subscribers are solely responsible for engaging in any unauthorized use of data content. Blue Jay Wireless supports the use of data content, but Blue Jay Wireless makes no representations or warranties (expressed or implied), to the extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts of any third party’s data content or to third party data content a subscriber may access while using the Services. Blue Jay Wireless does not have control over the data content provided on a third party’s site that a subscriber may access. If a subscriber uses his or her wireless handset to browse the Internet, his or her cell phone number or other information may be transmitted over the Internet. By activating or using a Blue Jay Wireless handset and/or using the data Services, subscribers understand any risks associated with such use and agree not to hold Blue Jay Wireless responsible or liable for any harms, loss or damages cause by or related to such use.
Third-Party Applications. If you use a third-party application with the Services or your Mobile Device, the application may use, collect or disclose your personal information and cause Blue Jay Wireless to disclose your information. You authorize Blue Jay Wireless to provide information related to your access or use of the third-party application and agree that the third- party provider, our employees, contractors and vendors may access the information on your Mobile Device.
Law Enforcement. Blue Jay Wireless intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, you agree that, if and as required by law enforcement entities, Blue Jay Wireless may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.
Entire Understanding; Severability and Survival. This Agreement, together with any appendices, addenda, order forms, attachments, schedules, policies and exhibits attached hereto, all of which are incorporated by reference, sets forth the entire understanding of the parties hereto with respect to the transactions contemplated hereby. Any and all previous agreements and understandings between or among the parties regarding the subject matter hereof, whether written or oral, are superseded by this Agreement. If any part of the Agreement held to be invalid or unenforceable, the rest of the Agreement remains in full force and effect. The rights, obligations and commitments under this Agreement that by their nature would logically continue after the termination of the Agreement, including dispute resolution, limitation of liability, no class action, no jury trial, payment obligations, etc., shall survive the termination of the Services.
Order of Precedence. Unless expressly provided otherwise in a Service order, in the event of conflict among the documents comprising this Agreement, the order of priority shall be: (i) any publicly filed schedule governing the Service (or a successor document); (ii) this Agreement; and (iii) attachments (including online policies). If there is a direct conflict between the additional terms relating to the California LifeLine Services specified in Part 2 of this Agreement, for California LifeLine Services Subscribers, the Part 2 terms will prevail over the Part 1 terms, but only with respect to the direct conflict of such terms.
In addition to the terms and conditions in Part 1 of this Agreement, the following terms and conditions apply specifically to Blue Jay Wireless’ California LifeLine Services.
California LifeLine Program. The California LifeLine Program is a government-funded assistance program that is administered by the California Public Utilities Commission and its designee, the California LifeLine Administrator. The California LifeLine program is funded by California ratepayers and is subject to all applicable California and federal laws.
The California LifeLine program provides discounts on monthly telephone service for eligible consumers. An eligible Blue Jay Wireless subscriber may receive a California LifeLine discount on wireless service, but the California LifeLine discount is available for only one telephone connection per Household. Household is defined, for purposes of the California LifeLine program, as any individual or group of individuals who live together at the same address and share income and expenses (“Household”). A Household is not permitted to receive California LifeLine benefits from multiple providers. Violation of the one-per-household limitation constitutes a violation of the Federal Communications Commission’s rules and will result in the applicant’s de-enrollment from the program. Willfully making false statements to obtain the California LifeLine benefit can result in fines, imprisonment, de-enrollment or being barred from the program.
You may qualify for California LifeLine Services if you meet certain state and federal eligibility requirements. These requirements are determined by the particular state where you reside. These state and federal eligibility requirements include program based eligibility or income based eligibility. By completing the Blue Jay Wireless application, in which your consent is required and obtained to release required information, including financial information, if necessary, to a designated representative as required for the administration of the California LifeLine Services. This consent survives any termination of this Agreement. Blue Jay Wireless reserves the right to review any of your continued eligibility for the California LifeLine program, at any time, and may require that you provide Blue Jay Wireless with written documentation of either your Household income or your participation in a qualifying state or federal program.
Program Based Eligibility. To be eligible for Blue Jay Wireless California LifeLine Services, you must meet the applicable eligibility standards described in this Agreement, which may be amended by Blue Jay Wireless from time to time. In California, Blue Jay Wireless subscribers are eligible to receive California LifeLine discounts under the program based eligibility criteria if they participate in one or more of the following programs:
Acceptable documentation of program eligibility includes: (1) the current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; (2) a notice letter of participation in a qualifying state, federal or Tribal program; (3) program participation documents (such as the consumer’s Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer card or Medicaid participation card (or copy thereof)); or (4) another official document evidencing the consumer’s participation in a qualifying state, federal or Tribal program.
Income Based Eligibility. You are eligible to receive California LifeLine discounts, under the income based eligibility criteria, if your total combined household income is at or below 150% of the Federal Poverty Guidelines. An income worksheet containing the Federal Poverty Guidelines is available at enrollment. Acceptable documentation of income eligibility includes the prior year’s state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workmen’s Compensation statement of benefits; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information for at least three months’ time.
Service Initiation. When a customer applies for California LifeLine service with Blue Jay Wireless, the Company will prescreen subscribers via the California LifeLine Administrator’s “Direct Application Process.” Once this prescreening process is complete and the customer is approved by Blue Jay Wireless, the customer will be provided with a free handset and activated for a promotional prepaid wireless service, which is not California LifeLine service. The customer’s account will be pre-loaded with 1000 retail promotional voice minutes and 1000 texts, which the Company provides free-of-charge. The promotional minutes and texts are not California LifeLine service and the handset may not be used to access California LifeLine service at any point prior to an affirmative eligibility determination by the California LifeLine Administrator and subsequent enrollment in the California LifeLine program. The customer will activate the handset by calling 611. This will serve as service start date. The customer will not incur per-minute charges for the call to 611. Free handsets are subject to Blue Jay’s Mobile Devices policy. If Blue Jay determines that the customer has already received two free handsets within 12 months of applying for California LifeLine service with Blue Jay, the customer will be required to either purchase a handset from Blue Jay or provide their own compatible device before initiating service.
Each plan, whether LifeLine or non-LifeLine, is subject to a one-time $39 connection/activation fee. The onetime $39 fee will be charged to the customer’s account at activation.
The California LifeLine Administrator has the sole responsibility for determining applicants’ eligibility for both the California LifeLine Program and federal Lifeline program in California. Once Blue Jay receives notification from the California LifeLine Administrator regarding approval of an applicant’s California LifeLine application, the Company will notify the customer of his or her approval as a Blue Jay California LifeLine subscriber. The Company will enable the California LifeLine benefit on the customer’s account once the consumer uses their phone, thus triggering enrollment in the federal Lifeline and California LifeLine benefit programs.
The California LifeLine fund will pay for no more than two connection/activation fees per year per LifeLine-eligible household. Blue Jay, and not the customer, is responsible for any activation fee that is not eligible for reimbursement from the California LifeLine fund.
Once the customer is approved for California LifeLine service by the California LifeLine Administrator, Blue Jay will credit the customer’s account for the $39 connection/activation Fee. If the customer is denied the California LifeLine benefit, the customer may remain as a prepaid wireless customer by purchasing one of Blue Jay’s retail plans or retail “top-up” minutes. The customer will not be able to add minutes/usage to the account until the $39 activation fee has been paid.
Blue Jay Wireless will not seek reimbursement for California LifeLine service until the subscriber has been approved for California LifeLine by the California LifeLine Administrator and subsequently makes an outbound call from his or her Blue Jay Wireless device. Blue Jay Wireless will also not seek reimbursement for the federal Lifeline benefit until the subscriber has been approved by the California LifeLine Administrator as eligible or the federal Lifeline benefit and the subscriber makes an outbound call from his or her Blue Jay Wireless device to activate the California LifeLine service.
Non-Transferable and Non-Assignable. Eligibility for Blue Jay Wireless California LifeLine Services is personal and relates to the subscriber individually. California LifeLine Services subscribers may not transfer to any third party, including a third party that is eligible for California LifeLine service, any of the subscriber’s rights or benefits received under the Blue Jay Wireless California LifeLine Services, including, but not limited to, any voice minutes received under the Blue Jay Wireless California LifeLine Services. Similarly, subscribers may not assign their rights or delegate any of their duties under this Agreement without the prior written consent of Blue Jay Wireless, and any attempted assignment or delegation without such consent shall be void.
Usage Policy. At 30 days of non-use, Blue Jay Wireless will provide notice to the subscriber that failure to use the Lifeline Services within a subsequent 15-day notice period will result in de-enrollment. Subscribers can “use” the Services by: (1) completing an outbound call or the usage of data; (2) purchasing minutes or data from the Company to add to the subscriber’s service plan; (3) answering an incoming call from a party other than Blue Jay Wireless; (4) responding to direct contact from Blue Jay Wireless and confirming that the subscriber wants to continue receiving the service; or (5) sending a text message. If the subscriber does not respond to the notice, the subscriber will be de-enrolled. This usage policy applies only to customers who do not have a regular billing relationship with the Company.
Blue Jay Wireless California LifeLine Program Restrictions. Subscribers applying for Blue Jay Wireless California LifeLine Services agree to and certify that all of the following conditions below apply (but not limited to):
Annual Renewal, Verification, or Termination of California LifeLine Service. Subscribers subscribing to the Blue Jay Wireless’s California LifeLine service will be required to renew their program eligibility on an annual basis to continue to participate in the California LifeLine program. The California LifeLine Administrator will send the subscriber a Renewal Form in a PINK envelope to the address provided on the subscriber’s Blue Jay Wireless account when it is time to complete the annual renewal process. This California renewal will also serve as certification of ongoing eligibility for the Federal Lifeline benefit.
If the California LifeLine Administrator is unable to recertify or verify the required California LifeLine qualifications, the subscriber will be deemed ineligible to further participate in the California LifeLine program. If the subscriber chooses to continue service with Blue Jay Wireless after de-enrollment from the California LifeLine program, the subscriber’s free or discounted minute plan will be discontinued and the subscriber will have the option to choose from any of the then available prepaid plans under the applicable terms and conditions for that plan.
Blue Jay Wireless reserves the right to cancel or suspend, without notice, a subscriber’s account for any fraud related reasons or upon the request of any state or federal authority. Blue Jay Wireless subscribers have the ability to de-enroll from the California LifeLine program for any reason. Subscribers who choose to de-enroll from the California LifeLine program can make this request by calling the Company’s customer service number and will not be required to submit any documents. The Company will de-enroll the subscriber within 5 business days. Upon de- enrollment from the program, subscribers will no longer receive California LifeLine service each month and will be required to re-qualify for California LifeLine service if they choose to re- enroll in the California LifeLine program.
De-enrollment requests (include name, wireless number, and identity related information) can also be sent to: Blue Jay Wireless, LLC, Attn: Disconnect Department, 4240 International Parkway, Suite 140, Carrollton, TX 75007 or by fax to 972-387-4830.
California LifeLine Service Areas. Blue Jay Wireless California LifeLine service is only available for activation by subscribers who reside in the areas in which Blue Jay Wireless has been designated as a California LifeLine provider. To receive subsidized wireless service, a subscriber’s principal residence address must be within a Blue Jay Wireless ETC service area. Subscribers should visit www.bluejaywireless.com to check whether they reside in a Blue Jay Wireless service area.
Mobile Devices. Upon enrollment, California LifeLine may be provided with a new handset at no cost. If Blue Jay determines that a California LifeLine customer has already received two free handsets within 12 months of applying for California LifeLine service with Blue Jay, the customer will be required to either purchase a handset from Blue Jay or provide his or her own compatible device in order to sign up for service. All free handset models provided to California LifeLine subscribers are selected at the sole discretion of Blue Jay Wireless. Customers may upgrade their devices is they so choose.
Directory Assistance. Directory assistance calls (411) do not have an additional charge, however, they will count as airtime minutes of usage. Calling to 900 / 976 numbers is not available to Blue Jay Wireless subscribers. Blue Jay Wireless will block any calls to 1-900, 1-976, international calling, or other pay-per-call services. Placing calls to 800 / 866 / 877 or other toll-free numbers will incur standard airtime charges. Blue Jay Wireless allows subscribers to make or receive domestic long distance calls inside the United States as long as coverage is available. Blue Jay Wireless does not allow free calls to other subscribers using the Services. Blue Jay Wireless subscriber Mobile Devices do not provide rate information for Services used to make or receive voice calls or messages.
California LifeLine Service Disclosures.