TERMS OF USE.
Welcome to Tesix Wireless®! Thank you for becoming a member - we’re excited that you joined! Your Service terms and conditions are part of this Customer Agreement (“Agreement”) and are provided by Tesix Wireless Network LLC (“Tesix Wireless”) or one of its affiliates. Your voice, text, and data services are for use within the Tesix Wireless coverage area. Together, your Plan and any features you use are your “Service.” The current version of this Agreement and the terms and conditions for your Service can always be found online at tesixwireless.com.
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By using the Service, you are agreeing to every provision of this Agreement, any applicable terms and conditions for your Service, and the terms described in the Important Information about Tesix Wireless’s Plans and Broadband Internet Access Services (available at tesixwireless.com), whether or not you have read them. This Agreement also applies to your line of service and all devices on your account, as well as anyone who uses your Service.
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As you read through the Agreement, you’ll see all sorts of important information about your Service, such as our ability to make changes to your Service or this Agreement, and details about how to manage any disputes if things don’t work out as planned (not to spoil the rest of the agreement, but those disputes between us must be resolved in arbitration or small claims court).
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Privacy
By entering into this Agreement, you agree to our data collection, use, and sharing practices described in our Privacy Policy, available at tesixwireless.com/privacy, which we may update from time to time. Our Privacy Policy also describes your choices as to how some information is used and shared.
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Many services and applications offered through your device may be provided by third parties. You should review the applicable terms and privacy policy before you use, link to, or download a service or application provided by a third party. You agree that Tesix Wireless may contact you about your account using email and calls - including prerecorded calls - or messages delivered by an automatic telephone dialing system to any wireless phone number, contact number, or email address you provide to us. Tesix Wireless will treat any email address you provide as a private email that is only accessible by you; you acknowledge that we may send you receipts, notices, and other documents regarding your service or account to this email address. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone associated with the number you provide.
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Porting Out
If you really want to leave us, you may be able to bring your wireless phone number, or "port", to another carrier. If you port a number from us, then we'll treat it as though you asked us to cancel your Service for that number. As an FYI, you’ll need to get your porting-out PIN by contacting support in order to port your number. After the porting is completed, you won't be able to use our Service for that number, and you won't be entitled to a refund of any balance on your account. If you port a number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. You don't have any rights to your wireless phone number, except for any right you may have to port it. Please note that your services with Tesix Wireless MUST be active in order to port. We can not port a deactivated phone number.
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Agreement and Service Changes
We may change prices, the monthly cost, or any other term of your Service or this Agreement at any time, but we'll provide notice first before we do anything that would negatively impact your Service. If you don’t like the change, remember you can cancel at any time or simply not renew your Service for another month. But, if you use your Service after the change takes effect, that means you're accepting the change. If we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
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Mobile Devices & Tablets
Your wireless device must comply with Federal Communications Commission regulations, be certified for use on the Tesix Wireless network, and be compatible with your Service. Any devices that violate the terms of this agreement can be removed and deactivated at any moment with or without notice.
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Coverage & Service Availability
Wireless devices use radio transmissions, so unfortunately you can't get Service if your device isn't in range of a transmission signal. And please be aware that even within your network coverage area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage, weather and the availability of roaming networks.
We may take any action to protect and maintain the integrity of the network, which could include canceling Service for a user that is abusing our network and services in a way that would negatively impact that ability for other members to enjoy our services.
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Payment & Service Charges
The availability of Service depends on your payment in advance of the service charge when it is due. If you fail to make payment when due, your Service will be suspended and/or canceled. By making a payment, you will have access to Service for the designated period of time. If your account is deactivated for non-payment, it will be suspended for 30 days. If payment is not made within the 30 day period, it will be canceled. When your account is canceled, we will re-assign the phone number associated with your account, and that phone number may no longer be available to you.
We will not provide you with bills, so you will not receive a monthly bill for your payments. You can access your account via the Tesix Wireless app or on our website. You are responsible for paying your monthly charges for the Service provided under this Agreement, including charges made - with or without your approval - by any person you permit to have direct or indirect access to your device.
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Refund Eligible on Activations
Refunds for telecommunications services are strictly prohibited. Once a service has been activated or utilized, no refunds will be issued. Please ensure that your device is fully unlocked, not black-listed and is fully paid off with any previous carriers.
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Rights to End & Limit Service
We can, without notice, limit, suspend, or end your Service or this Agreement with you for any reasonable cause. We want all of our members to enjoy our services without issue.
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“Reasonable cause” could include (but is not limited to) if you: (a) breach this agreement; (b) resell your Service or obtain devices for resale; (c) primarily use data outside the Visible coverage area on other carrier networks; (d) use your Service for any illegal purpose, including use that violates trade and economic sanctions or government regulations; (e) install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission or attempt to use our Service on an unauthorized device; (f) if we are permanently unable to provide Service to you.
We can also, without notice, limit, suspend, or end your Service or this Agreement if you, any user of your device, or anyone using your Account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your device from its manufacturer's specifications; (e) use your Service in a way that negatively affects our network or other customers, such as by persistently using excessive amounts of data in ways that negatively impact our ability to service other members or in ways that defy normal and reasonable usage patterns; (f) abuse or game our Service or promotions for any fraudulent or improper purpose; or (g) use of our Service to provide internet connectivity for the primary purpose of crypto-mining or adding, securing, or verifying transactions to a blockchain or any blockchain-based cryptocurrencies. For example, if you use your Service in an inappropriate or unapproved way, like manipulating our Service to use it as a replacement for a home broadband service, then we may take action to limit, suspend, or end your Service.
We can also temporarily limit your Service for any operational or governmental reason.
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Disclaimer on Warranties
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device (including applications provided by any third-party). We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network related modifications, upgrades or similar activity.
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Limitation of Liability and Wavier
You and Tesix Wireless both agree to limit claims against each other solely to direct damages. In other words, neither of us will claim any damages that are indirect, special, consequential, incidental, treble, or punitive. For example, you agree you cannot obtain any damages arising out of a Service or device failure, unauthorized access or changes to your account or device, or the use of your account or device by others to authenticate, access, or make changes to a third-party account (such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds). This limitation and waiver will apply regardless of the theory of liability. It also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren't responsible for problems caused by you or others - including other carriers - or by any act of God. You also agree we aren't liable for missed or deleted voicemails or other messages, or for any information (like pictures) that gets lost or deleted if we work on your device.
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Disputes & Chargebacks Resolutions
We hope we never have any disputes and that we can quickly resolve any issues that come up! Most customer concerns can be taken care of by contacting customer support. Just reach out and we’ll try to help.
If there is an issue that can’t be resolved by customer support, this section will lay out how you and Tesix Wireless agree to handle those disputes. Please note that you must inform us of any questionable charges for any Service(s) within 90 days of the date the charge was incurred, and can let us know about your concerns.
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YOU AND TESIX WIRELESS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT, INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS.
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WE ALSO BOTH AGREE THAT:
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(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
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(2) UNLESS YOU AND TESIX WIRELESS AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE THE AAA'S CONSUMER ARBITRATION RULES. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG). FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
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(4) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED.
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(5) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(6) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(7) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND TESIX WIRELESS AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND TESIX WIRELESS UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
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About this Agreement
If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. You can’t assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.
If we send notices to you, they will be considered received immediately if we send them to your wireless device or to any email that you’ve given us. If you need to send notices to us, please send them to hello@tesixwireless.com.
If any part of this agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations in the dispute resolution section above), is ruled invalid, that part may be removed from this agreement.
This agreement and the documents it incorporates form the entire agreement between us. You can't rely on any other documents, and you have no other rights regarding Service or this Agreement. This Agreement isn't for the benefit of any third party except our affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.
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Last Updated: January 21, 2024