Terms and Conditions of Service and Customer Agreement
Angie Communications USA, Inc.
Version: December 10, 2016 – 12102016V.1
Download Terms & Customer Agreement for your administration here.
To view the previous version (June 27, 2016), please click here.
This agreement concerns an upcoming wireless internet service known as Wireless Extreme (the “Service”), provided by Angie Communications USA, Inc.
1. Our agreement
1.1 You accept this Agreement by:
- Agreeing in writing, by email, over the phone, or in person, for example at the retail store where you bought the Service;
- Opening a package that says you are accepting by opening it; or
- Ordering your Service (either through a partner or through our website).
1.2 When you accept, you are also representing that you are at least 18 years old and are legally able to accept an agreement. If you’re accepting for an organization, you are representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting you are agreeing to every provision of this Agreement whether or not you have read it.
1.3 If you do accept, you can cancel the Service within 14 days of accepting this Agreement. If you signed up for any of our Prepaid Services, no refunds will be granted after 14 days or if your account has been activated.
1.4 By placing your Order, by using and/or activating the Service with us and/or by clicking the “Download” link on a registration e-mail (if applicable), you agree to be bound by this agreement. If you do not agree to the terms of the agreement, do not use the Service.
1.5 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.6 These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Angie for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.
2. Payment Obligations and Contact Information
2.1 You must (i) provide Angie with accurate and complete billing information including legal name, address, telephone number, and billing information, and (ii) update your My Angie account with all changes to this information within 30 days of the change. You may pay for the Services by using third party platforms. If you pay for the Services via such third party platforms, you shall be subject to and governed by their Terms of Service, which you have to agree to before using their platform. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Angie’s Customer Care Department through any of the means at http://www.angiewireless.com/customer-service/contact/.
2.2 Charges are billed to your credit or debit cards or your preferred payment each month for the applicable service plan and any additional usage or services. Angie is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, insufficient PayPal funds, etc.) resulting from charges correctly billed by Angie. If you do not pay us money you owe us on time, we may suspend or terminate your access to the Services and charge late fees and/or collection costs. However, subscription services fees and late fees will continue to accrue until you or we cancel your account; provided that these late fees will not exceed the applicable legal limits. All charges are considered valid unless you dispute them in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
2.3. Except as required by law, once your order is finalized, you cannot cancel it before the end of the subscription period you have requested, unless our service is not substantially in accordance with this Agreement, which entitles you under normal legal rules to terminate your order. You can prevent your monthly subscription from automatically renewing for a further period by notifying us before your present subscription ends.
2.4 Your monthly subscription will renew automatically for the subscription period you selected when you registered for your account unless you tell us before the end of the current subscription period that you do not want your subscription to be renewed, or if we no longer make the Services available. Notwithstanding the foregoing, certain related services are non-recurring and never renew automatically.
2.5 The charges for each Service are as set out in the plan description on the Website. If there is a mistake in the pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to order the relevant Service at that price or you may decide not to proceed.
3. Device Limit
3.1 Your use of the Services may be limited with respect to the number and type of devices used to access the Services as described in this section below. For the purposes of this Services Agreement, “Devices” are all portable electronic devices, such as cellular telephones, mp3 players, portable electronic gaming devices, cameras, tablets and VoIP handsets, laptops and notebook computers. If you violate the device number and/or type limit, then we may suspend your account until the next billing cycle month, terminate your account, or charge additional fees.
Devices: Internet Access at home on unlimited mobile devices, a maximum of 20 devices simultaneously per business and/or commercial location (device access on first in, first out basis), 2 devices simultaneously outdoors. Other services (such as TV and Telephony): 1 device maximum.
Authorized User(s). Account holder and the owner(s) of any authorized devices on the account.
4.1 If payment cannot be charged to your payment account or credit or debit card or your charge is returned to Angie for any reason, Angie reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Wireless Extreme or Wired Extreme service and your account, and to terminate all obligations of Angie under this Agreement.
5. Input of Incorrect Information
Angie cannot accept any liability for your failure to comply with specific instructions stated on the Angie Website or for any incorrect information provided by you. You are bound by any incorrect information provided.
6. Providing services
6.1 Angie will provide you an indicative date of availability of the agreed Service. In the event that Angie cannot provide the Service within the indicated period, Angie will inform you about this and provide an updated date for the actual delivery of the Service. Herewith is linked the Risk-free Order, whereby Angie will return your paid fees if Angie cannot deliver the Service, or provide a mutually agreed discount to you if the Service will be delivered at a mutually agreed later date.
6.2 You are responsible for all and any hardware and other equipment required and used to access the Service (a ‘‘Device’’). We recommend an 802.11n or above-compatible laptop and/or device to access the Service. You are responsible for ensuring the compatibility of your Device with the Service. The availability and performance of the Service is subject to all memory, storage and other Unit limitations.
6.3 Service is available only when you are using the Service in the range of the Wireless Extreme “Coverage Area” or in Wired Extreme buildings/premises.
6.4 All services are provided on an “as is” basis. While the Service is secure, we do not warrant that the Service is fault free or fit for any particular purpose. You assume all responsibility and risk for use of the Service.
6.5 Access to the Service may not always be available; it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
6.6 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
6.7 Network speed is no indication of the speed at which your Device connected to the Service sends or receives data. Actual network speed will vary based on Device configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
6.8. We do not warrant that any particular virtual private network will be compatible with the Service.
6.9 We will supply you specific software to access the Service. By using software packages, applications and configurations, you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
7. Use of the Service
7.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
(c) You do not use the Service to harm or attempt to harm minors in any way;
(d) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our and our partners’ systems will be jeopardized or impaired;
(e) You do not use abusive or threatening behavior towards other users of the Service, members of our or our partners’ staff;
(f) You do not use the Service to access or use content in a way that infringes the rights of others;
(g) The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards, where applicable.
7.2 You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for authorized use only and that you shall not be entitled to transfer your entitlement to use the Service to any unauthorized other person or allow any other person to make use of the Service or of any username or password or other login details or other entitlement supplied to you in connection with the Service.
7.3 You also agree not to modify the Device or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our and our partners’ business, reputation, employees, subscribers, facilities, third parties or to the public generally.
7.4 You have no proprietary or ownership rights to any username or password or to a specific IP address, or e-mail address assigned to you or your Device. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
8. Content disclaimer
8.1 Angie does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas Angie use efforts to restrict such content Angie has no control over and accepts no responsibility for such materials.
8.2 Angie is not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
8.3 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. Angie will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.
8.4 Angie does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
8.5 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Angie has no responsibility for their policies, or third parties’ compliance with them.
8.6 Angie is providing this Service to customers either for a fee or free of charge, and is intended to support general online activities. Wherever possible, you will be able to engage in high-bandwidth actions such as streaming music, streaming video or downloading large files.
9. Fair Usage
To ensure the provision of a quality of Service to all our customers and to ensure that the behavior of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
10.1 The registration process requests that you provide your details which must be used in order to access the Service. As stated in sections 7.2 and 7.4, your username and password are personal to you and are not transferable. You must treat your username and password as confidential and you must not disclose such detail to any unauthorized third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.
10.2 You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your registration. Any breach of security of a username and password should be notified to us immediately. We have the right to disable your username and/or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ANGIE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
13. Limitation of Liability
EVEN IF ANGIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
14. Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
We can cancel this agreement immediately if you break an important condition of this agreement or a number of less important conditions as determined by Angie.
16.1 You agree to indemnify us and our partners, affiliates and suppliers against any claims, demands, actions liabilities, costs or damages arising out of your use of the Service including any material that you access or make available using the Service, or violation of the agreement, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement. You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.
16.2 You agree to protect your username and password. You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us immediately.
16.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission.
16.4 The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, USA without reference to its conflict of law provisions.
16.5 This agreement shall not confer any benefit on a third party.
16.6 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16.7 We reserve the right to amend these terms and conditions at any time.
How to contact us:
Angie Communications USA, Inc.
401 Wilshire Boulevard, 12th Floor PMB205
Santa Monica, CA 90401
United States of America
(Mon-Fri: 09.00 – 17.00 PST)
Or any of the other means listed at: http://www.angiewireless.com/customer-service/contact/