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Sunshine Mobile Terms & Conditions
Here are all the details on our Terms and Conditions under which Sunshine Mobile Inc makes its network services available to you.
These terms affect your rights and liabilities under law
THE SUNSHINE MOBILE (USA) SMARTPHONE SIM SERVICE
1.1 Any order or request you make for a Smartphone SIM card and, where applicable, a mobile handset is an offer to receive the Sunshine Mobile Pay Weekly Service. Where an order is placed online, our acceptance of the order and delivery of your goods signifies the beginning of a contract between you and us. If the purchase has been made in store, the contract is then made upon your acceptance of the product(s).
1.2 Weekly subscription charges for your plan start upon the pre-defined Weekly date you have given us, and will continue on this specified date each week until you notify us of cancellation. Your plan allocation of inclusive minutes, texts, and data starts upon activation of you SIM card; this is defined as point of dispatch set out in Section 3.
1.3 We ensure the use of best endeavors to dispatch your SIM card within one working day following receipt of your first advance line rental payment. This is not guaranteed and may be delayed by circumstances out of our control. If your SIM has not arrived within five working days it is your responsibility to inform us. We are only able to deliver your SIM card to the name and residential address that is registered as the account holder at the point of ordering.
1.4 It is the responsibility of the customer to activate your SIM card asap. Using the information provided once received. Sunshine Mobile will not under any circumstance refund the customer for the unused plan period during this time.
1.5 The ownership of any SIM cards or Handsets will not pass to you, the customer, until we have delivered the items to you. At this point risk of damage or loss passes to you, the customer.
1.6 If for any reason beyond our reasonable control we are unable to supply the SIM card and any associated hardware, Sunshine Mobile, the network, are not liable to you, the customer.
1.7 When your minimum contract term has expired, we will supply you with Sunshine Mobile Services until either of us chooses to end the agreement in any of the permitted ways set out in our terms and conditions.
1.8 We reserve the right to perform a credit check using the information that you provide us with during the application or contract.
1.9 Where SIM cards and handsets are dispatched separately the acceptance of your order will always relate to the dispatch of the SIM card.
1.9a All applications onto our network will be reviewed by our security team who may contact you for additional Information before authorizing your order. We reserve the right to refuse access to the Service to anyone for any reason at any time. If you are refused access and have made an advance payment to join the network, we will refund you. Please allow up to seven working days for any refund to be processed.
UPGRADES & GUARANTEED UPGRADE HANDSET CRITERIA
Customers on Smartphone Sim
2.1 To qualify for a handset the following criteria must be achieved;
2.2 Typical monthly usage. If Sunshine Mobile feels the Sim has not been used in a typical sense by the customer during the first 3 months/ 12 weeks, or feels the offer has been taken out to defraud Sunshine Mobile of an handset, then Sunshine Mobile reserves the right to cancel the Sim subscription and NOT offer a handset, in this instance NO refunds will be offered for the previous months paid under the Sim offer. The sim must be your primary number and show regular and typical activity on the account.
2.3 At the point of application you may have additional monthly charges applied depending on the handset chosen and you may be required to change your current plan for a new 18 month contract with Sunshine Mobile.
2.4 We shall not perform a credit check when you choose a handset unless Sunshine Mobile deems it necessary; in such a case we reserve the right for us to do so using the information you have provided to us during the application, or we may contact you to obtain your current personal information before proceeding with any application. You may also be requested to provide additional documentation to confirm your identity and address. Any credit check made on the customer by Sunshine Mobile is in the interest of the customer improving their overall credit rating by undertaking a 18 month contract with Sunshine Mobile.
2.5 All our handsets are given a brand number, for further details please refer to www.sunshinemobile.com or contact customer services at email@example.com.
2.6 All our handsets are new and are shipped with the standard manufacturers warranty (typically 12 months).
2.7 You will be offered a handset from our Sunshine Mobile range of handset brands after paying 12 successive weekly bills.
2.8 Failure to keep up to date with your monthly payments will result in your Smartphone Sim process being void and you will need to re-start the monthly payment process to obtain a guaranteed handset. Your Sim card and monthly services may also be terminated without notice.
2.9 Sunshine Mobile may require additional paperwork to be completed in order provide you with a handset contracted, which you will need to agree to in order to receive your handset and 18 month contract from Sunshine Mobile.
2.10 A 18 month contract agreement and new set of terms and conditions will apply to your chosen contract and 18 month contract with Sunshine Mobile once taken, and these will need to be accepted by the customer prior to receiving your handset. These will be provided to you once you have selected your handset and plan line rental for this 18 months period.
UNLIMITED TERMS - if applicable
3.1 Minutes, SMS and data will be delivered over the period and in the denominations advertised, as part of the proposition.
3.2 UNLIMITED texts are a based on a fair usage policy of 3000 per month
3.3 UNLIMITED calls are a based on a fair usage policy of 2000 per month
3.4 The Line Rental must be paid in advance. If you cancel your package within seven working days of your order, you will get a full refund of your advance payment. Otherwise the advance payment is non-refundable.
3.5 When your minimum contract term has expired, we will supply you with Sunshine Mobile services until either of us chooses to end the Agreement in any of the permitted ways set out in our Cancelation Section.
3.6 Failure to maintain your account in accordance with our terms and conditions may result in your services being restricted. In these instances we reserve the right to end your service and any advance payments will not be refundable.
HANDSET EXCHANGES & REPLACEMENTS
4.1 If a handset is deemed faulty within the first 28 days of connection, it will be treated, as an exchange and Sunshine Mobile will replace the handset for you. If a handset is outside of the initial 28 days of connection and is deemed faulty then your handset manufacturer will handle any repair that may need to be carried out.
4.2 If for any reason you require a replacement handset within 28 days of connection due to fault of malfunction please contact firstname.lastname@example.org. or call 727-205-3087. You are required to contact us within 24 hours if any problem becomes apparent.
4.3 We will deal with all replacements with high priority.
4.4 Replacements will only be issued when the original item is returned.
4.5 Where goods become faulty within the first 28 days and qualify for an exchange, the faulty items must be returned to us, with the original packaging, within 28 days of the date of invoice. Items returned as faulty and subsequently found to be subject to customer damage will incur charges.
4.6 Exchanges cannot be given if we judge that the product has been willfully damaged, misused, neglected, overloaded, modified, adapted or repaired.
4.7 If returned goods cannot be accepted a charge of $25.00 will be made to cover postage and processing.
4.8 It is the customer's responsibility for the safe return of all goods.
4.9 All items must be returned within 5 working days via recorded delivery, and the goods returned as they were received with their original packaging and full contents included, along with original documentation and proof of purchase.
5.1 All handsets come with a standard manufacturer's warranty.
5.2 Each manufacturer has a warranty period where they will repair your handset outside of the 28 day exchange period; this is for manufacturer faults only. Please see the manufacturer terms and conditions to check if your fault is covered.
WHAT WE WILL PROVIDE YOU WITH - SUNSHINE MOBILE (USA) Pay Monthly Services
6.1 We will open an account for you and provide you with a SIM and a phone number (and we may agree to provide you with additional SIMs and phone numbers on your request). This number does not belong to you and may only be transferred to another service provider with our permission and when you have made payment for our costs. Sunshine Mobile dependent upon the plan you choose may provide you with a mobile handset also.
6.2 You can move your existing mobile number to Sunshine Mobile. First, you need to ask your previous mobile network operator for your porting authorization code (PAC), and then you will need to give your PAC to us. Once we have verified the details of your porting request, we will tell you the date when your phone number will be moved to Sunshine Mobile.
6.3 Once you are connected to Sunshine Mobile, we will provide you with access to our Services. Sunshine Mobile Services will not include any Premium Rate Services, however, provided you ask for them and we approve, may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18.
6.4 We will always try and make our services available to you within our coverage area (the USA). There may be areas in this area where you do not have access to all of the services. This will be as a result of limited or unavailable coverage. For more information on this please visit www.sunshinemobile.com.
6.5 The SIMs we provide may only be used in handsets that are authorized by us for connection to Sunshine Mobile. Any attempt to use the SIM in another handset may result in serious damage to the handset and may prevent you from being able to use it. In these instances Sunshine Mobile are not responsible for any such damage or usage problems. For more information on this please visit www.sunshinemobile.com
6.6 As your Network provider we will use all reasonable efforts to ensure that the services are available or fault free. We cannot guarantee that this will be the case and your service may be affected by geographic, atmospheric or other conditions beyond our control.
6.7 We may migrate your account from one billing platform to another from time to time. Should this be the case we will notify you only if your network service may be affected in any way.
6.8 Sunshine Mobile reserves the right to add, substitute or discontinue any of the Sunshine Mobile Pay Monthly Services at any time.
6.9 From time to time we may have to: Alter the number of your mobile phone, or any other name, code or number associated with the Sunshine Mobile Monthly Service for reasons beyond our control. If this is the case we will provide reasonable notice. Temporarily suspend the Sunshine Mobile Monthly Service (or any part of it) for operational reasons or in an emergency or for reasons of security. Bar certain numbers from the Sunshine Mobile Pay Monthly Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
6.10 If you report your SIM card to us as lost or stolen we reserve the right to prevent it from being used on the network. We may also exchange the identity of any stolen items with other network operators to prevent it from being used on other networks. Replacement SIM cards are charged at a cost of $10 per SIM card, which includes postage and packaging.
6.11 It is your responsibility to ensure that you have adequate insurance arrangements in place for any hardware that is dispatched to you as part of your contract agreement. Sunshine Mobile accepts no liability for any hardware that is lost or damaged and customers are advised to contact the manufacturer for any repair services outside of the 28 day faulty exchange policy.
USE OF OUR PAY MONTHLY AND WEEKLY SERVICES
7.1 Any passwords you may nominate in connection with your Sunshine Mobile Pay Monthly Service account must remain confidential. We will not disclose any information about your identity to anyone until we are satisfied it is the account holder or someone with the account holders permission.
7.2 As part of this agreement you agree to:
Provide us with factual information that we reasonably request in connection with this service agreement.
Take adequate precautions to prevent damage to your SIM card, including precaution against theft.
Comply with detail as described in user guides or instructions as issued by us.
Inform us as soon as possible if your SIM card is lost, stolen, damaged, destroyed, or likely to be used in an unauthorized manner, and that you will co-operate with us in our reasonable security and other checks.
Contact us immediately by calling customer service if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Sunshine Mobile Pay Monthly Service or the content, and you will at our request immediately stop the acts. If asked you must confirm the details in writing.
7.3 You may not, nor allow anyone else to, use the Sunshine Mobile Pay monthly Service:
(a) for any fraudulent or unlawful purpose or not in accordance with fair use;
(b) to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services);
(c) to breach the rights of any third party (for example, copyright); or
(d) in any way which may damage or affect the operation or quality of Sunshine Mobile Pay monthly Service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Sunshine Mobile Pay monthly Service from or through any software or hardware you have connected to the Sunshine Mobile Pay monthly Service).
THE SUNSHINE MOBILE (USA) PAY MONTHLY SERVICE
8.1 The Sunshine Mobile Pay Monthly service allows you to make or receive calls, SMS messages and send and receive data as well as access information via the internet by means of the network service provided by the network and delivered to you by us (Sunshine Mobile) Network).
8.2 Your contract agreement is made up of these Terms for Sunshine Mobile Services and your chosen Package, along with any other terms laid down in selected Additional Sunshine Mobile Services. Additional terms may apply to any promotional or special offers which can be found at www.sunshinemobile.com.
8.3 Our Service (Sunshine Mobile Pay Monthly Service) is only available to customers aged 18 or over on the date of the uptake of the service.
8.4 Handsets which can be used to access Services are locked to our network. The software in the Handset and all intellectual property rights in that software are owned by the Handset manufacturer and you are being allowed to use the software on a limited license from the Handset manufacturer. During the term of your Agreement for the supply of Services, you must not permit your Handset to be unlocked via any unauthorized manner (i.e. by anyone other than us or the Handset manufacturer). You must contact us if you want your Handset to be unlocked from our network. If you contact us to request that your Handset be unlocked from our network, we will arrange for your Handset to be unlocked in an authorized manner (which may include replacing your Handset with an unlocked Handset, which is the same or similar specification to your Handset) and you must pay an unlocking administration charge. In addition, you must ensure that there are no outstanding amounts owing on your account. Prior to us arranging for your Handset to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the Handset which you may require, as this may be lost during the Handset unlocking process. We are not responsible for any information or any other data which may be lost during the Handset unlocking process. This clause will not apply to you if you have purchased your SIM on a SIM Only Basis.
8.5 We will provide our services within our Network Providers area but it's always possible that the quality or coverage may be affected at times due to circumstances out of our control.
8.7 As your network provider we may provide textual, visual or other information including but not limited to software, photos, graphics and sounds through the service. This is defined as content. If we provide any content we will use reasonable efforts to ensure that this information is correct but cannot be held liable for this as it is provided on an "as is" basis. By accepting access to the content you accept that we cannot be held liable for any actions you take as a result of the content.
8.8 Content or technical specification of our Pay Monthly Service may vary from time to time.
8.9 Any content may only be used in a manner that does not infringe the rights of others. This is defined as "approved use" and must be compliant with all other instructions issued by us regarding the use of the content. You must not store, modify, transmit, distribute, re-sell, copy into any other work part of the content in any form. This type of action is prohibited. Content is provided solely for personal use.
8.10 Only you are responsible for evaluating the accuracy and integrity of goods and services offered by any third party with regards to the content. Sunshine Mobile will not be responsible for any transaction concerning third party goods or services.
8.11 We will disclose details of your agreement with us, the payments you make under it, account balances and information about any default, dispute, and debts to credit reference agencies. We will also disclose details of any change of address reported to us or of which we become aware. The information supplied by us and held by credit reference agencies is used by us and other organizations to help make decisions about other credit applications by you or other members of your household with whom you are linked financially to trace debtors, recover debts, to prevent and detect fraud and to manage your account.
9.1 The Sunshine Mobile Service is made available to you for personal, residential use and not for commercial purposes. You may not, nor allow anyone else to use our services for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you breach this clause you agree to compensate us for all liabilities claims, damages, losses and costs which we may suffer.
9.2 The procurement of any Sunshine Mobile products are solely for your own use and will not be re-sold or otherwise distributed.
9.3 This Service agreement in its entirety presents the rules and regulations that you must comply with in order to use the Sunshine Mobile Pay Monthly Service. During the time that we provide this service to you, you authorize us to act upon your behalf in all dealings with any provider as we deem necessary with regards to the provision of the service.
9.4 You will be responsible for any charges or account usage incurred for lost, stolen, damaged or destroyed SIM cards until you have informed us.
9.5 You are responsible for the security of your PIN's, passwords and any handsets provided and part of this agreement. Please refer to your handset manufacturer's user guide for details of how to keep your handset secure.
9.6 If you become aware that someone is accessing services on your behalf without your permission you should change your PIN's and passwords immediately.
9.7 Any non-compliance of any part of this paragraph construes as an agreement on your part to compensate us for all liabilities, claims, damages, losses and costs including legal costs that we suffer as a result.
10.1 All charges for our Pay Monthly Service can be found at www.sunshinemobile.com and defines all call plan detail.
10.2 Call charges are quoted by the minute and are charged in one second increments and rounded up to the nearest penny unless otherwise stated. Our charges for Sunshine Mobile Pay Monthly Services are calculated using the details we have recorded and are charged excluding tax before being rounded up to the nearest penny, tax is added to all applicable parts of your bill. All prices are correct at the time of going to print but are subject to change. Please visit www.sunshinemobile.com or contact email@example.com for more specific detail.
10.3 We will provide 30 days written notice should we make any changes to the Terms and Conditions of this Service Agreement that we deem will significantly disadvantage you. The written notice will take the form of an email or text message.
10.4 You will be notified on your bill of any call charges for premium rate services operated by third parties.
10.5 Some of our bundles include inclusive or unlimited allowances which apply to certain calls, texts or data on a monthly basis. These bundles cannot be carried forward from one month to the next unless we have expressly stated this. In this context "month "or "monthly" means calls recorded by is within your monthly billing period. This may not equate a calendar month. Certain types of calls such as roaming may take longer to be billed.
10.6 You will be responsible for any out of bundle charges which will be detailed on your bill. For more details on these charges please visit www.sunshinemobile.com if you are unsure if charges will be applied please refer to Customer Services at firstname.lastname@example.org
10.7 Call charging rates may vary depending on the time of day are billed according to the time of your call initiation.
10.8 You will be liable for all charges incurred by the use of the Sunshine Mobile Pay Monthly Service under this agreement whether these charges were incurred by you yourself or someone else with or without your knowledge or permission.
10.9 We may ask you to demonstrate a satisfactory billing history, and pay a deposit, in order for us to unlock the international calling and roaming facility on your account. Please note if you use your phone abroad you will be charged for both incoming and outgoing calls.
10.10 Premium Rate Services are not widely enabled on the Network; however, it is not always possible to restrict some voice, SMS and Video premium rate service types. You will be liable for all out of bundle premium rate service charges that are incurred on your account.
10.11 You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
11.1 As a protection factor from "Bill Shock" we will impose a maximum limit on your account which can be confirmed by checking your account online or contacting our customer service team. If you reach your bill cap and have used your monthly inclusive allowance or minutes, texts or data, you will only be able to receive incoming calls and text messages. If you have reached your monthly account limit by contacting customer service team or logging into your account online you can make a bundle payment on your account. Conditions apply and you must be able to demonstrate a good payment history and regular account usage.
11.2 We will monitor usage of the Sunshine Mobile Services at regular intervals via your account for the purpose of imposing your maximum limit, controlling our credit risk and your exposure to fraudulent usage. If usage on your account approaches the maximum limit or gives us cause for concern we will attempt to contact you via SMS, email or telephone. If you are using services which are incurring significant out of bundle charges and you have exceed your credit limit within a short period of time, these alerts may not be possible and your outgoing services may be suspended immediately without warning. While monitoring your account we will not apply any call restrictions during this time to prevent any disruption to your services and you will be responsible for any spend that you incur beyond your usage limit before any service restrictions are applied.
11.3 You should take care when subscribing to any incoming premium rate SMS services as it is not always possible for the network to block these and you will be liable for all such charges incurred beyond your approved plan bundles and credit limit. We may close your account if we are unable to contact you and these costs continue to be incurred.
11.4 If you have international roaming enabled, certain outgoing service types may take longer to be billed and you will be liable for all roaming charges which are incurred beyond you're approved credit limit. We may close your account if we are unable to contact you and these costs continue to be incurred.
11.5 If we are forced to close your account for excessive, premium or roaming charges and you are within your minimum term you will be subject to a cancellation charge in addition to any charges accumulated on your account at the point of termination. The cancellation charge will be calculated as a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement.
PAYING YOUR BILLS
12.1 You must pay us all Charges for all Sunshine Mobile Services which are accessed using the SIM(s) we supply you or which are accessed using your Device(s), whether the Sunshine Mobile Services are accessed by you or by another person, with or without your permission.
12.2 We will send you a bill periodically and this will usually happen monthly and via email only. However, we reserve the right to change the frequency of the billing period, and would give you at least 14 days' notice of this in writing.
12.3 Your bill will comprise of your fixed monthly subscription charge for the coming period as well as any calls, data or messages outside of your inclusive bundle from the last period. It may also contain a charge for any device, depending on the plan that you have chosen. Customers taking advantage of our Free Line Rental Offers will still pay full price for the full contract period and will receive their free months at the end of the original contract term.
12.4 On your bill you will find a call history log detailing all calls that have been made on your account and the relevant and applicable charges for these (shown excluding tax).
12.5 We provide all bills via electronic form to the email address you have supplied to us. There may be a charge for paper billing and any such charges will be notified on your bill. You must provide us with a valid email or postal address and notify us of any changes to these details so we can continue to ensure you receive your bills.
12.6 Your monthly bill must be paid by the due date by your Debit Card or your account will be suspended and ultimately terminated by Sunshine Mobile.
12.7 If you fail to pay your account on time, you will be breaking your agreement and your services may be suspended or disconnected as detailed in these Terms and Conditions. In this case you will have to pay all outstanding charges including a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement and or any additional charges you may have incurred.
12.8 Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account remains outstanding, we will authorize recovery procedures via debt collection agencies, which will incur costs. Any costs incurred to collect the debt, will be added to the Final Balance, plus tax at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. We can also assign your debt to a third party company. The assignment of debts will involve the sale of your debt and account information to a third party company - this information may include your name, address and contact data, year of birth, debts owed, payment history and other information necessary to help recover the debt.
12.9 Your monthly recurring payments will take place on the 1 month anniversary of your chosen start date. For example (you choose the 1st of Each month - Your first payment will be taken on the 1st of February, with your next payment due on the 1st of March) We will notify you via SMS and Email 3 days before your bill payment is due.
CHANGING YOUR PLAN, BILLING DATE AND MINIMUM TERM
13.0 CHANGING YOUR PLAN, BILLING DATE AND MINIMUM TERM
13.1 The Sunshine Mobile Pay Monthly Service is subject to a minimum term. This will be fully explained to you before you agree to uptake the service at point of sale. Upon activation you will be allocated a billing date which will remain the same on a monthly basis.
13.2 If your Minimum Term is one month then a Minimum Term of one month will start on the anniversary of your billing date each month following unless you cancel your contract by following the detail in the cancellations section.
13.3 If your Minimum Term is greater than one month the continuation of this service agreement will apply until you cancel your contract following the detail in the cancellations section.
13.4 Where you have notified us that you wish to move to another Sunshine Mobile Pay Monthly Plan this will take place on your next Billing Date unless we advise otherwise.
13.5 If you change your plan for any reason i.e. upgrading or moving to a promotional offer any unused bundle minutes, sms messages or data will not be carried forward.
13.6 You may request to change your plan by contacting Sunshine Mobile Customer Care but please note you cannot lower your monthly plan payment if you are still operating in your Minimum Term. This does not affect your right to cancel your contract.
SUSPENDING THE SERVICE
14.1 The Sunshine Mobile Pay Monthly and Weekly Services may be suspended immediately if:
(a) Repairs, maintenance or introduction of new aspects of the service are required
(b) We are instructed by government, emergency services or any other competent or lawful authority instructs us to do so
(c) to protect you under paragraph 4.3
(d) You make threats, are persistently abusive or repeatedly cause annoyance or a nuisance or act illegally towards our staff or property or that of our agents or;
(e) You do anything or permit anyone else to do anything which we reasonably believe will adversely affect the service to other customers or adversely affects the Sunshine Mobile Network
(f) You fail to pay your bill by the required due date
(g) You do not have an active debit card set up on your account
(h) You have exceeded your Credit Limit
14.2 If there appears to be an unusual use of the service we provide to you - i.e. the volume or destination of your calls increases significantly, we may suspend the service to protect you. We will only ever do this in exceptional circumstances and will attempt to contact you beforehand.
14.3 Where more than one user is set up on the account the actions or suspected actions of one sole user may affect the suspension of the entire account. This will occur if we reasonably suspect fraudulent activity or money laundering in relation to any user of the account.
14.4 You are liable for all charges incurred throughout the term of any suspension.
14.5 If we suspend you for any reason as detailed in paragraph 14.1, we reserve the right to end your agreement as detailed in our terms and conditions, and if you are within your minimum term you will be subject to a cancellation charge in addition to any charges accumulated on your account at the point of termination. The cancellation charge will be calculated as a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement.
ENDING THIS AGREEMENT AND DISCONNECTION OF SUNSHINE MOBILE (USA) SERVICES
You end the agreement
15.1 Should you wish to cancel your Service Agreement you can do so at any time by written letter to Sunshine Mobile, Office 509, 80 Broad Street, 5th Floor, New York, 10004. Delivered by 'Signature' delivery only, or, by email to email@example.com.
15.2 For one month rolling contracts, there is a 30 day cancellation period that will take effect from your notice date (day of notice is day 1). Please note it takes up to 48 hours for us to process your cancellation. Our cancellations team will notify you of your termination date and you can continue to use your full services until that point. You will receive your monthly bills as normal and on closing your account you will receive a final bill for any additional charges that have occurred during the cancellation period.
15.3 If your minimum term commitment is longer than one month, your cancellation request will take effect immediately however you will be subject to a cancellation charge in addition to any charges accumulated on your account at the point of cancellation. The cancellation charge will be calculated as a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement. These charges will be notified to you before you cancel. We end the agreement
15.4 Sunshine Mobile may end your Service Agreement at any time by emailing you with 30 days notice. We may also end our Service Agreement with you immediately if:
(a) If we have the right to Suspend your Sunshine Mobile services on any of the grounds in Section 15 and we believe that the grounds have not been, or are unlikely to be, rectified.
(b) You breach a serious term of this Service Agreement.
(c) We reasonably suspect fraud or money laundering by you or someone using your accounts or you fail a credit or fraud prevention check.
(d) You provide us with false or misleading information
(e) You are the subject of bankruptcy or insolvency proceedings or if you do not make payment under a court judgment / fine or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets or you go into liquidation or:
(f) We are no longer able to provide the Sunshine Mobile Pay Monthly Service to you despite making all reasonable efforts to do so.
15.5 If we end your agreement under paragraph 15 and your minimum term commitment is longer than one month, your services will be terminated immediately and you will be subject to a cancellation charge in addition to any charges accumulated on your account at the point we terminate your services. The cancellation charge will be calculated as a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement.
EFFECTS OF ENDING THIS AGREEMENT
16.1 If this agreement ends, we will close your account and Disconnect you and you will not be able to use the Sunshine Mobile Services or make emergency calls
16.2 You must immediately pay all charges you owe up until the agreement ends. If the agreement is ended within the minimum term, the charges will include a cancellation fee in addition to any charges accumulated on your account at the point of termination. The cancellation charge will be calculated as a lump sum equivalent to the total of the monthly charges remaining during the minimum term of your agreement
16.3 You must notify us when cancelling if you wish to port your number to another network as we will need to provide you with a Port Authorization Code (PAC). You only have 30 days from when we issue you your PAC code to complete the port with your new provider or the number will expire.
Cancellations - 14 Day Cooling Off Period
17.1 You are entitled to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations at any time up 14 days after your order has been accepted for the Service, provided that you notify us in writing of such cancellation. A cancellation and processing fee of $25.00 will apply if your SIM has been provisioned and issued to you prior to cancellation. You are required to notify Sunshine Mobile in the following ways: Written letter - Sunshine Mobile, Office 509, 80 Broad Street, 5th Floor, New York, 10004. Delivered by 'Signature' delivery only. Email - firstname.lastname@example.org.
17.2 You must return your SIM within 14 days of giving your notice. No outbound activity of calls, texts or data usage should take place after the cancellation notice of connection to the network or you will lose your right to a refund minus the cancellation and processing fee. Any activities after the notice date will waiver your rights to cancellation and your minimum agreed terms will continue.
17.3 All Hardware and SIM's must be returned to the following address: Sunshine Mobile, Office 509, 80 Broad Street, 5th Floor, New York, 10004. Delivered by 'Signature' delivery only. By 'Signature delivery' in full working order before the 14th day after cancellation at your own cost.
17.4 Notice Date - Your notice date will be the date Sunshine Mobile receives your correspondence by any of the methods detailed in paragraph 17.1
17.5 On 14 day cancellations, you are entitled to a refund if returned within the 14 days and no usage activity is on the account after the notice of cancellation. This will be subject to a processing and cancellation fee of $25.00. It is the customer's responsibility for the safe return of goods (a tracked/ insured service is recommended when returning hardware). All items must be returned in their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and /or damaged or missing packaging will incur charges to cover the cost of the items. These charges will be pursued by Sunshine Mobile. Should items not be received then it cannot be accepted as a 14 day cancellation and you will be liable for the full duration of you contract.
17.6 You will be required to pay for any out of plan inclusive calls, texts, or data usage that you may have used up to and including the cancellation notice. This amount will be calculated on your final bill.
17.7 All orders will be dispatched to the address you have provided when making your application, therefore if you have not received your SIM for any reason, and have not notified us within the first 14 days then no cancellation or refund will be offered to you. If you do notify us within 14 days that you have not received your SIM, then either a replacement SIM will be sent to you free of charge, or you are entitled to cancel your order, subject to the standard $25.00 cancellation charge.
SERVICE AGREEMENT CHANGES
18.1 We can change the detail of this service agreement including our charges at any time and will notify you of any significant changes via email to the address provided to us upon registration for our services or via your bill. If you continue to use the Sunshine Mobile Pay Monthly Service after the date on which the change comes into effect then you agree to the changed Service Agreement and are bound by this.
18.2 Sunshine Mobile Network may change the terms of your agreement on the following basis: We will notify you at least one month in advance if we decide to:
(a) Discontinue the services
(b) Make any changes to the service which are likely to be of detriment to you
(c) Increase the fixed periodic charges for the services by an amount which is more than the percentage increase in the Retail Prices Index Figure in any twelve month period
18.3 You are able to end the Service agreement for such variations as explained in our terms and conditions. Subject to the above you will not be able to end the agreement if such variation or increase is:
(a) Due to changes in the law, government regulation or licence which affects the Sunshine Mobile Network or
(b) Relates solely to additional services.
18.4 You will be deemed to have accepted the variation if you continue to use the services after the variation has taken place.
19.1 Our liability shall not in any event include losses which happen as a side effect (these may include loss of profits, wasted expense or loss of opportunity etc.) If you suffer any loss you must let us know immediately.
19.2 Further and subject to paragraph 19.1 we will also not be responsible for the loss, deletion or corruption of any Content transmitted or maintained by the Sunshine Mobile unless this is as a direct result of our negligence.
19.3 If at any time you experience a problem with our service you should contact the Customer Service team immediately.
19.4 We shall not be held responsible for any delay or failure to provide the Sunshine Mobile Pay Monthly service for reasons beyond our reasonable control. An example of some of these events is the following; any act of God, any failure or shortage of fuel or transport, Civil war, chemical or biological contamination, terrorism, armed conflict, local conflict of any kind, failure by a utility company, local authority or any such body, any blockade or embargo, any official or unofficial strike or other dispute etc.
19.5 If we are found liable we shall not pay out any more than $500 in any 12 month period.
19.6 We will respond to any customers queries within 24 hours. This will be via Telephone/SMS and Email.
20.1 At the Sunshine Mobile Network we aim to provide you with an unrivalled customer experience around the clock. We hope that you will never have a reason to be unhappy about any aspect of our services; however, our Customer Care Team is dedicated to helping you reach a resolution of any issue and so if you are not satisfied you should contact them right away.
20.2 We will always work hard to resolve any complaint within one business day although there may be times where a more detailed investigation is required in which case we aim to resolve your issue within five business days. In any situation where you feel your complaint has not been resolved in full you can ask for it to be escalated to a Supervisor or Manager. If there is nobody available at the time our Customer Care Team will arrange a call back for you.
20.3 If you are still not happy you should send your complaint in writing directly to our Head of Operations at the following address: Sunshine Mobile Office 509, 80 Broad Street, 5th Floor, New York, 10004. Please ensure you include any reference numbers that you have been provided with, the full details of your complaint and your resolution requirements. We aim to resolve all written complaints within two weeks and will contact you directly by phone or in writing with the results of any internal investigations and conclusions.
20.4 While we are more than happy to work with independent companies to help resolve any grievance that you may have, we would always request that you follow the process above and contact us first so that we can resolve your issue efficiently, with minimal disruption and inconvenience to yourself.
21.1 If there are any changes to your personal information including your name, address, card, or bank details you must inform us. We reserve the right to request proof of identity and address at any time during the application or contract term.
21.2 The consent of Sunshine Mobile is absolutely required prior to any transfer of rights or responsibilities under this agreement. We can transfer all or part of the service with you at any time providing that the received service levels are not significantly reduced.
21.3 We may change the detail included in this Service Agreement at any time. Any changes will be posted on our website www.sunshinemobile.com. You will need to check this regularly for updates.
21.4 Any notice under this service agreement must be in writing and delivered to us either by hand or sent by pre-paid post to the address provided on your bill or to you at the address stated in your application, unless otherwise stated.
21.5 A person who is not party to your Service Agreement has no rights to enforce any part of this agreement.
21.6 If any part of this agreement is found to be invalid by any Court or other regulatory or competent body then the remainder of the agreement will not be affected and will remain in force.
21.7 This Service agreement is subject to New York State Law.
21.8 If you, we or our network provider delay or do not take action to enforce our respective rights under this agreement this does not stop you, us or them from taking action at a later date.
21.9 We may replace, at any time, any section of this agreement that is not legally effective with a similar term that is. Any sections of this agreement that are found to be legally ineffective will have no effect on the rest of the agreement.
21.10 We may assign or transfer our rights and obligations under your agreement with another party who agrees to continue to comply with our regulations under this agreement provided that your rights under this agreement are not affected. No other person or any other assignee, if any, may benefit from this agreement.
21.11 If a government authority orders the reallocation or change of phone numbers we may have to change your number for the receipt of Services.
21.12 You confirm that you have the full contractual capacity to agree to the agreement.
21.13 We only accept online orders from web browsers that permit communication through Secure Socket Layer (SSL) technology. This is to protect you and therefore means that you cannot make a connection through an unsecured connection.
YOUR INFORMATION & PRIVACY NOTICE
22.1 Sunshine Mobile, members of the Sunshine Mobile group, and other organizations approved by Sunshine Mobile, would like to share information about you to enable each of us to keep you informed about special offers, products, services and promotions available from the Sunshine Mobile Group, and selected third parties by post, telephone, email, mobile text and picture messaging and other electronic means. You agree that, to determine which products or services may be of interest to you, information about you and the conduct of your account may be analyzed, including your purchases, other transactions and payment record. By placing your order you will be consenting to the use of your information for this. If you would prefer not to receive direct marketing information please notify us in writing by emailing email@example.com.
22.2 Your passwords, PIN's and any other security questions/ procedures put in place remain your responsibility. If you find out or suspect that someone else knows your passwords, PIN numbers etc. then you must change them immediately.
22.3 If you use services from outside the country it may be required that your information is transferred to that country.
22.4 If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering
23.1 Our website design team work extremely hard to ensure our website is as accurate as possible and in order to achieve this, our site is updated every day.
23.2 However, we cannot guarantee the accuracy of information supplied, especially such things as product specifications, network plans, call charges and special offers and promotions which may change without prior notice, before or after you have placed your order with us.
23.3 Products, prices, offers, plans and promotions are valid for the period they are displayed on our website (unless otherwise stated or information is inaccurate as per paragraph 23.2), all of which are subject to availability. If any of these should change to your detriments or become unavailable in the period after you have placed an order with us we will contact you before proceeding with the order.
23.4 Pictures of products are representation only and should be used only as a guide. Specifications and/or colors of products may change without prior notice.
FAIR USAGE POLICY
24.1 As part of our commitment to our customers to maintain a high level of accessibility to our network services, all of our unlimited plans are subject to a fair usage allowance of: 3000 text messages per month (person to person texts within the USA excluding premium, short code, delivery notifications and picture messaging services). 2000 minutes per month (calls to USA mobiles and landlines) 5GB data per month (USA data services)
24.2 Please be aware when using file sharing software or streaming video services as you can incur significant data usage. Services are for personal, non-commercial use only and should not be used in conjunction with any fraudulent, unlawful, prohibited and commercial activities. Moderate restrictions may be applied if the fair usage policy is being exceeded and we reserve the right to charge customers at the out of bundle rate for any illegitimate usage incurred. You may also be required to move your contract to a more appropriate plan if you are regularly exceeding the limitations or abusing this policy.
24.3 We reserve the right to change these fair usage allowances at any time.
25.1 From time to time accessory vouchers may be issued to customers as a marketing tool or as a free gift with your purchase. Such vouchers may not be used in conjunction with any other offer.
25.2 Voucher must be redeemed at www.sunshinemobile.com
25.3 Vouchers have NO cash value and are not transferable or assignable.
Purchasers account must be live at the point of redemption and the voucher does not become valid until the first Invoice has been paid in full. We reserve the right to refuse redemption if any of our full network terms and conditions has not been satisfied.
25.4 Purchasers account must be live at the point of redemption and the voucher does not become valid until the first Invoice has been paid in full. We reserve the right to refuse redemption if any of our full network terms and conditions has not been satisfied. Any unused balance at the point of redemption will not be carried over. The full value of the voucher(s) must be redeemed at checkout and any remaining balance will be forfeited. However, if the order value (i.e. product cost, tax and any applicable S&H charges) exceeds the amount of the voucher, the balance must be paid by credit or debit card.
25.5 Vouchers expire on the date listed on the voucher, where permissible under applicable law.
Disclaimer of 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. 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.
If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third-party products. Sunshine Mobile is not responsible for any third-party information, content, applications, or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third-party products or services
Please be aware that if you activated your wireless device through our Open Development program, we can't vouch for the device's call quality or overall functionality.
Waivers and Limitations of Liability
You and Sunshine Mobile both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver 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, 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. If another wireless carrier is involved in any problem (for example, while you're roaming), you also agree to any limitations of liability in its favor that it imposes.
Safety of Radio Frequency Emissions
Your wireless device emits radio frequency energy during use. According to the Federal Communications Commission, "Some health and safety interest groups have interpreted certain reports to suggest that wireless device use may be linked to cancer and other illnesses, posing potentially greater risks for children than adults. While these assertions have gained increased public attention, currently no scientific evidence establishes a causal link between wireless device use and cancer or other illnesses." Additional information is available from the FCC at www.fcc.gov/encyclopedia/radio-frequency-safety.
Caution! Avoid Potential Hearing Loss
Prolonged exposure to loud sounds (including music) can cause hearing loss. You should follow some commonsense recommendations when using any portable audio device:
Use the lowest volume at which you can hear adequately.
When using headphones, turn the volume down if you cannot hear the people speaking near you.
Do not turn the volume up to block out noisy surroundings. Use noise-canceling headphones instead.
Avoid using headphones after exposure to loud noises that might cause temporary hearing loss. Temporary hearing loss might cause unsafe volumes to sound normal.
If you experience discomfort or temporary hearing difficulty while or after listening to a portable audio device, discontinue use. Consult your doctor if symptoms persist.
Safe driving is your responsibility and should always be your first priority. Never text while driving.
The National Highway Traffic Safety Administration (NHTSA) advises that the "safest course of action is to refrain from using a cell phone while driving" and that using a wireless phone may degrade driver performance even if you are using a hands-free device. Always know and comply with the law in your area on wireless device use while driving. For more information see www.nhtsa.gov (click on "Driving Safety" then on "Distracted Driving").
Shipping & Delivery
For orders placed online, your mobile handset, and where applicable your SIM card, will be dispatched by UPS within 3-4 business working days to your billing address.
Implantable Medical Devices:
A minimum separation distance of 6 inches should be kept between a wireless phone and an implantable medical device, such as a pacemaker or implantable cardioverter defibrillator, to avoid potential interference with the device. Persons who have such devices:
Should not carry the wireless phone in a breast pocket.
Should use the ear opposite the implantable medical device to maintain 6 inches of separation.
Should turn the wireless phone OFF immediately if interference is suspected.
Should read and follow the directions from the medical device manufacturer.
If you have questions about using your wireless phone with such a device, consult your health care provider.
See www.fda.gov for additional information (under "c" in the subject index, select Cell Phones > Interference with Pacemakers and Other Medical Devices).