Terms and Conditions
NewPhone Wireless Terms and Conditions of Service
NewPhone Wireless is a service brought to you by NewPhone Wireless, LLC. NewPhone Wireless provides Lifeline Assisted Wireless Services in the state of Louisiana. The Lifeline Assistance program is supported by the Federal Universal Service Fund program and is administered by the Universal Service Administrative Company. These Terms and Conditions of Service apply to NewPhone Wireless services for wireless phones activated on the NewPhone Wireless network. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using a NewPhone Wireless phone and is a legally binding agreement between you and NewPhone Wireless. These Terms and Conditions of Service contain important information about your consumer rights. NewPhone Wireless reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion. Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the NewPhone Wireless website at www.NewPhone.com. Please check this website often for updates to the Terms and Conditions of Service.
Lifeline Support is a monthly support that reduces the cost of monthly wireless telephone service or residential home telephone service. An eligible NewPhone Wireless customer may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one telephone connection per household. Lifeline support may vary between states but will at least equal the $ amount NewPhone Wireless receives in Federal Universal Service Support.
Eligibility for the NewPhone Wireless Lifeline service program is only available to residents residing in Louisiana. Subscribers may qualify for the NewPhone Wireless Lifeline program if they participate in one of the government programs listed below or qualified based on household income eligibility standards as defined below. When completing the NewPhone Wireless application, subscriber acknowledges and consents to the use of Subscriber's Name, Telephone Number, Address, Date of Birth, Last Four Digits of the Subscriber's Social Security Number, amount of support being sought, means of qualification for support and dates of service initiation and termination to be given to the Universal Service Administrative Company (USAC) (the administrator of the program) and/or its agents for the purpose of verifying that subscriber does not receive more than one Lifeline benefit. Refusal to grant this permission will mean consumer is not eligible for Lifeline service. Subscriber grants authorization to NewPhone Wireless to access any records required to verify subscriber's statements herein and to confirm continued eligibility for Lifeline assistance. This consent survives any termination of this agreement. If the subscriber or any member of the subscriber's family participates in a Lifeline program from another provider, the subscriber is responsible for notifying the other provider that they have been approved for the NewPhone Wireless Lifeline program and request their service with the other provider be disconnected. Notice to terminate service from any other provider's Lifeline program must be given if activating new service in the NewPhone Wireless Lifeline program.
NewPhone Wireless subscribers may qualify for a Lifeline service offering if the subscriber meets certain State and Federal eligibility requirements. These requirements are determined by the particular state where the subscriber resides. These State and Federal eligibility requirements are also based on either program based eligibility or income based eligibility.
Program Based Eligibility
Program based eligibility varies by state. NewPhone Wireless subscribers are eligible to receive Lifeline discounts, under the program based eligibility, if they participate in one or more of the following programs and the state participates in that program:
- Food Stamps (program may be named differently by state)
- Low Income Home Energy Assistance Program (LIHEAP)
- National School Lunch programs (free lunch programs)
- Federal Public Housing Assistance (Section 8)
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families Program (TANF)
Income Based Eligibility
Income based eligibility varies by state. Some states do not offer income based eligibility for Lifeline. NewPhone Wireless subscribers are eligible to receive Lifeline, under the income based eligibility, if subscriber's household income meets or is less than 135% of the Federal Poverty Guidelines for a household of the subscriber's size. Proof of income documentation (such as a current tax return) must be provided to NewPhone Wireless to demonstrate income based eligibility.
NewPhone Wireless Lifeline Programs Restrictions
Subscribers applying for service in NewPhone Wireless Lifeline program agree to, and declare under penalty and perjury, that all of the following conditions below (including but not limited to) apply:
- NewPhone Wireless Lifeline program is limited to one connection per household.
- Subscribers must meet the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required.
- Subscribers applying for service certifies that the subscriber do not participate in any other Lifeline program.
- If subscriber participates in another Lifeline program at the time applying for NewPhone Wireless Lifeline service, the subscriber agrees to cancel Lifeline service with any other provider.
- Subscriber agrees to immediately, and no later than within 30 days, notify NewPhone Wireless of any address change.
- Subscriber affirms they meet the head of household requirement and they are not claimed as a dependent on another person's tax returns (unless over the age of 60).
- Subscriber affirms they will immediately, and no later than within 30 days, notify NewPhone Wireless if they no longer participate in at least one of the state or federal programs required to receive Lifeline discounts or no longer satisfy the criteria for receiving the Lifeline discount.
- If subscriber provides NewPhone Wireless with a temporary residential address, the subscriber will verify the temportary address every 90 days.
- Subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law.
- Subscriber acknowledges that it may be required to re-certify continued eligibility for Lifeline at any time, and failure to re-certify as to subscriber's continued eligibility within 30 days will result in de-enrollment and the termination of the subscriber's Lifeline benefits.
- Subscriber applying for NewPhone Wireless Lifeline service affirms, under penalty and perjury, that all foregoing representations made when applying for service are true and correct to the best of the subscriber's knowledge.
Other NewPhone Wireless Requirements
Subscriber applying for service may be required to provide a Social Security Number in order to certify or verify eligibility for Lifeline service. (Social Security information is strictly confidential and will not be disclosed to others without a subscriber's written consent). Subscriber affirms they are at least 18 years old.
Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify participation requested by NewPhone Wireless. Subscriber also authorizes any state or federal assistance program representative to verify subscriber's eligibility for Lifeline program.
Subscribers applying for Lifeline program authorizes NewPhone Wireless, LLC or its duly appointed representatives to have access to records relating to the applicant to verify eligibility for the NewPhone Wireless Lifeline service.
Annual Recertification, Verification, or Termination of Lifeline Programs
Subscribers participating in the NewPhone Wireless Lifeline program will be automatically recertified on an annual basis, their qualification to continue to participate in Lifeline programs based on the appropriate state or federal recertification and after reverification requirements. Every subscriber in the National Verifier recertification will go through an initial automated data check that will check for the subscriber’s eligibility. Subscribers whose eligibility cannot be verified via the initial automated check will be required to self-certify their eligibility. USAC or Universal Service Administrative Company will conduct outreach to these subscribers and require that they self-certify. Subscribers that fail the initial data source checks will be prompted to self-certify during a 60-day window. Failure to self-certify during this time will result in automatic de-enrollment. USAC or the Universal Service Administrative Company can determine, at its sole discretion, if a subscriber meets the annual recertification requirements and if the subscriber fails to re-qualify for Lifeline service. If USAC is unable to recertify the required Lifeline qualifications, the subscriber will be deemed ineligible to further participate in the NewPhone Wireless Lifeline program.
NewPhone Wireless reserves the right to cancel or suspend, without notice, a subscriber's account for any fraudulent related reasons or upon the request of any state or federal authority's request. NewPhone Wireless subscribers have the ability to terminate from the Lifeline program for any reason. Subscribers who choose to terminate from the Lifeline program may send notice of termination to the address or fax listed below with their request. Customers also can call the Customer Service number below to de-enroll from Lifeline service. Identification will be required by providing the customers DOB and last 4 numbers of their Social Security Number. Upon termination from the program, subscribers will no longer receive discounted minutes each month and will be required to re-qualify for Lifeline if they choose to enroll in another NewPhone Wireless Lifeline program.
Please send all termination requests (include name, wireless number, and identity related information) to:
Attn: Disconnect Department
9920 Brooklet Drive
Houston, TX 77099
Fax to: 1-832-617-7842
Customer Service: 1-855-204-3667
If you do not accept any of these Terms and Conditions of Service, do not activate or use service provided by NewPhone Wireless and contact NewPhone Wireless Customer Service at 1-855-204-3667. By accepting these Terms and Conditions of Service, you represent that you are at least 18 years of age, you meet the eligibility requirements for NewPhone Wireless service, and you agree that you may not assign your rights or delegate any of your duties under these terms without the prior written consent of NewPhone Wireless. Any attempted assignment or delegation without proper consent from NewPhone Wireless shall be void.
NewPhone Wireless Now Offering The EMERGENCY BROADBAND BENEFIT Program
EMERGENCY BROADBAND BENEFIT
The Emergency Broadband Benefit or EBB Program is a limited-time program that provides discounts on monthly broadband Internet access service and certain connected devices. EBB Program discounts are funded by the US Government’s Coronavirus relief effort and administered by the Federal Communications Commission (FCC). This program is separate from the US Government’s Lifeline program, but your benefits can be combined so you can receive NewPhone’s UNLIMITED Data, talk & text for FREE every month while the program remains open. Our standard terms and conditions apply.
The Emergency Broadband Benefit monthly service and device discounts are non-transferrable. An eligible household is limited to one monthly service discount and one device discount. EBB Program benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time.
Subject to FCC approval, NewPhone Wireless will combine your Lifeline and EBB discounts to make NewPhone’s UNLIMITED Data, Talk and Text Plan FREE. This promotional limited-time EBB service offer includes NewPhone’s UNLIMITED High Speed Data Bundle which is FREE after application of Lifeline and EBB discounts and company contribution, if applicable. UNLIMITED tethering to your NewPhone SIM-enabled device is included. 4G LTE/5G available.
Subject to FCC approval, NewPhone will make tablets or applicable devices available to EBB-enrolled subscribers for a $10 co-pay. This is a limited-time promotional offer subject to product availability.
The EBB program will end after the Public Health Emergency no longer exists, or as deemed by the FCC. Once the program is over, your plan will revert to the standard Lifeline offer. You may also choose to keep this UNLIMITED plan but will be subject to the standard rates. We will notify you when there is a change to the program. Our standard terms and conditions will apply.
The EBB shares the same qualifying eligibility programs as Lifeline – participation in SNAP, Medicaid, SSI, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit Fund, and income at or below 135% of the federal poverty level. For a limited-time determined by the FCC, unemployment may qualify you for Lifeline and the EBB. Additional eligibility programs are unique to EBB and do not qualify for Lifeline. These include Pell Grants, Free and Reduced Price School Lunch and Breakfast, as well as reduced wages in certain instances. Program eligibility will be determined for the FCC by Universal Service Administrative Company’s National Verifier and National Lifeline Accountability Database, or an alternative verification process approved by the FCC.
Lifeline supported services are available to NewPhone Wireless subscribers who participate in Lifeline. Questions regarding supported services can be made in writing to [email protected] or by contacting a NewPhone Wireless representative at: 1-855-204-3667.
Lifeline-supported service includes voice, data and text service. Lifeline supported service provides access to the emergency services provided by local government or other public safety organizations such as 911 or enhanced 911, to the extent the local government in NewPhone Wireless' service has implemented 911 or E911 service.
NewPhone Wireless Services
NewPhone Wireless service is provided at the company's discretion. NewPhone Wireless. LLC may change pricing or the company's Terms and Conditions of Service, from time to time, without notice. Unless expressly prohibited by law, NewPhone Wireless reserves the right to modify or cancel a subscriber's service, an account, or take corrective action at any time and for any reason, including, but not limited to, violation of any provision of these Terms and Conditions of Service. Check the NewPhone Wireless website, www.NewPhone.com, for the most recent pricing and changes to the Terms and Conditions of Service. A subscriber's right to use NewPhone Wireless service is subject to NewPhone Wireless business practices, policies, procedures, rates and Terms and Conditions of Service. NewPhone Wireless may change the Terms and Conditions of Service at any time. NewPhone Wireless will notify subscribers of change to the Terms and Conditions of Service that are determined to be materially adverse to a subscriber's service 30 days in advance of the change. If subscriber does not terminate service within 30 days of receiving this notice of a change in the Terms and Conditions of Service, subscriber agrees to accept any such changes.
NewPhone Wireless, LLC provides mobile telecommunications services using the geographic areas covered by the Nationwide Sprint and Verizon Network footprint. NewPhone Wireless may provide Lifeline supported services in these areas based on state authorized licensing areas. NewPhone Wireless does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas. Subscribers do not have the ability to use NewPhone Wireless service with any other wireless phone, device, or on another network. Subscribers may not use an NewPhone Wireless handset with any other service or network. Airtime may be used for domestic calling from the United States and for other services as provided in these Terms and Conditions of Service. NewPhone Wireless service is for personal use only and may not be used in a manner that interferes with another NewPhone Wireless customer's use of service. NewPhone Wireless has determined that ability to provide good service to subscribers may be impaired when customers place abnormally high number of calls, sends or receive unusually high number of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other NewPhone Wireless customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used for other than personal use and is in violation of these Terms and Conditions of Service. NewPhone Wireless services are provided solely for live dialogue between two individuals. NewPhone Wireless services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals. An NewPhone Wireless subscriber account may be terminated, without notice, if a subscriber's usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.
NewPhone Wireless services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond NewPhone Wireless control, including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. NewPhone Wireless does not guarantee, or warrant, that service will be available at any specific time or geographical location, or that service will be provided without possible interruption. You should therefore never solely rely on your wireless phone for emergency calls, such as to 911. NewPhone Wireless customers have access to dial 911 in an emergency. However, occasionally a subscriber may attempt to call 911 in an area where there is no wireless coverage. If there is no wireless coverage, a subscriber's call to 911 may not go through and the subscriber should dial 911 from the nearest landline phone.
By applying or activating service with NewPhone Wireless, a subscriber agrees not to use NewPhone Wireless services in any way that is illegal, abusive, or fraudulent. This will be determined by NewPhone Wireless in its sole discretion. You may also not alter any of the software or hardware on your NewPhone Wireless handset for any purpose. NewPhone Wireless phones may not be sold to third parties.
In order to verify if you reside within a service area please visit www.NewPhone.com. You may enter your ZIP code or locate coverage maps on the website to verify coverage. The map is only an approximation of actual coverage and may differ substantially from the areas of coverage shown on the website. Coverage can be affected by many factors such as weather, terrain, buildings, equipment, signal strength or many other factors that may affect network coverage. NewPhone Wireless does not guarantee coverage or network availability.
NewPhone Wireless ETC Services
NewPhone Wireless's Lifeline plans are only available for activation by customers who reside in the areas in which NewPhone Wireless, LLC has been designated as a Eligible Telecommunications Carrier ("ETC"). To receive subsidized wireless service, a subscriber's principal residence address must be within an NewPhone Wireless ETC service area. Visit www.NewPhone.com to check whether you reside in an NewPhone Wireless ETC service area. To be eligible for NewPhone Wireless service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by NewPhone Wireless. Where applicable, NewPhone Wireless Lifeline plans are provided to you by NewPhone Wireless, LLC and are governed by tariffs. Tariffs are on file with the appropriate public utility commissions in each state when required and supersede any term related to the Lifeline Assistance program. NewPhone Wireless may provide access to tariffs through its website. Please be aware that tariffs posted online may not be official documents and you assume full responsibility for any tariff information you access on the NewPhone Wireless website. NewPhone Wireless bears no liability for the accuracy of any documents available on this website.
NewPhone Wireless Service Rates (Airtime), Features, Coverage, and Activation Fees
Airtime is valued at $0.20 per minute of use. Airtime charges apply to standard voice usage calls for both local and domestic long distance calls. NewPhone Wireless voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute. Airtime usage is rounded up to the nearest whole minute. Airtime applies to all message retrieval and voice calls. Unanswered outbound calls will be billed if the ring time exceeds 30 seconds. Ring time is defined as the amount of time between the point when a call is initiated (pressing the TALK button) and when it is answered (or terminated before being answered). Credits will not be given for dropped calls. Any unused airtime that expires is forfeited upon expiration or termination of eligibility in the NewPhone Wireless Lifeline Assistance program. Roaming charges, if they apply, will be billed at a rate of $0.59 per minute of use and will be deducted from the available minutes. Roaming charges occur when a subscriber makes a call using the facilities of another wireless service provider due to the location the call was placed. Roaming occurs when you make or receive calls outside the home network calling area. NewPhone Wireless does not provide any guarantees as to the availability or quality of service while roaming. A NewPhone Wireless customer must have airtime minutes available to make or receive a call. NewPhone Wireless handsets will only operate when you have airtime minutes available on your wireless account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account.
INTERNATIONAL DIALING: International calling is not allowed on any NewPhone Wireless Plan. International dialing is blocked, but, there are no guarantees that all international calling can be blocked from your handset. If you attempt an international call and are successful, your account will be blocked from making any additional calls for the remainder of the billing cycle except for emergency calls where available. Subscribers may buy additional airtime during this period while their account has been suspended for placing international calls. NewPhone Wireless strictly prohibits all international calling.
LIFELINE FREE PLAN: Each month you will receive 1000 free Voice Minutes, 4.5 GB of Data and Unlimited Text Messages. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. Unused minutes will not roll over from month to month.
NewPhone Wireless Additional Minutes & Data Plans: NewPhone Wireless may offer Additional Minutes and Data Plans for purchase. Please visit www.NewPhone.com for the current rates of adding additional minute and data rate plans. If you use all of your monthly voice minutes or data before a new monthly cycle starts and you add an Additional Minutes or Data Offering Plan to your account, you will be charged based off the Additional Minutes or Data Offering Plan you choose for voice and data. If you use all of your monthly voice minutes before a new monthly cycle starts, and you do not have a sufficient balance in your account, you may not use your wireless phone to make or receive voice calls, other than 911 emergency calls, until the start of the next monthly cycle. If you have an Additional Minutes Offering Plan and use all your minutes included in the plan you will not have the ability to make calls or receive messages, except to place 911 calls where available, until you purchase another Additional Minutes Offering Plan or a new monthly cycle starts. If you are a Lifeline customer and also have an Additional Minutes or Data Offering Plan and you do not have sufficient funds in your account to pay your monthly charge on your payment due date, you will automatically be switched to the free Lifeline offer included each month with your service from the NewPhone Wireless Lifeline program. Subscribers may add an Additional Minutes or Data Offering Plan to their NewPhone Wireless account online or over the phone to your account by paying by credit/debit card. NewPhone Wireless Additional Minutes or Data Offering Plans come in various increments. Sales taxes may apply and maybe added to the minute plan purchased. All minute and data plans offered by NewPhone Wireless include a limit (CAP) on the amount of minutes or data a subscriber can use. Purchased Additional Minutes or Data Plans cannot be transferred or applied to any other wireless service or account.
NewPhone Wireless Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail. Caller ID may display both your billing name and your wireless number when placing outbound calls. NewPhone Wireless does not have the ability to block your name and number when making outbound calls.
Subscribers who successfully submit a NewPhone Wireless application for the Lifeline program will receive a wireless phone provided by NewPhone Wireless including an allotment of airtime minutes, data and text each month for a period of twelve (12) consecutive months from the date service is started. NewPhone Wireless reserves the right to change, or modify the actual amount of airtime minutes and eligible subscribers will receive on a monthly basis without notice. NewPhone Wireless reserves the right to determine, at its sole discretion, whether or not an applicant meets the eligibility requirements to participate or continue to participate in the NewPhone Wireless Lifeline.
NewPhone Wireless Taxes and Surcharges
NewPhone Wireless charges state and local sales taxes. Pricing listed on the NewPhone Wireless website or listed in advertising methods for wireless service may not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of NewPhone Wireless service regardless if the subscriber was the actual user of the service. The amount of these taxes and surcharges are subject to change and may vary by geographic area. NewPhone Wireless may charge and collect sales taxes and regulatory fees on all Additional Minutes or Data Offering Plans in each state. Third party authorized retailers who sell NewPhone Wireless Additional Minutes or Data Offering Plans may become responsible for the collecting and paying of sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.
About Data Services & Content: Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor your data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Access Wireless may be deleted modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.
Specific Terms & Restrictions On Using Data Services: In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you may not use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, broadband internet access service, mobile broadband card plans, wireless router plans, etc... ).
Porting/Transferring a Phone Number: We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.
NewPhone Wireless Text Messaging Rates
A NewPhone Wireless subscriber can send and receive text messages of up to 160 characters. This text message includes the address and subject line. The type of messages a device can receive will depend on the wireless handset capabilities. Standard plan message rates apply when sending or receiving text messages, regardless if the message is viewed. Any unused messages that expire from one monthly billing cycle will not carry over to the next monthly billing cycle, unless the monthly plan specifically allows carry over messages. Text messages sent to you by NewPhone Wireless are free of charge.
Domestic Text Messaging Rates: Any unused messages will expire at the end of your monthly subscription period and will not be applied to subsequently purchased minutes, unless your plan includes roll over minutes. Subscriber messaging plans do not include international text or voicemail messages.
International Text Messaging Rates: NewPhone Wireless does not allow international text messages. Attempting to send international messages could result in deactivation of service and de-enrollment from NewPhone Wireless Lifeline Assistance Program.
Premium SMS: Premium SMS is a text message to a designated “short code.” Buying or attempting to buy SMS services from anyone other than NewPhone Wireless is strictly prohibited. Premium SMS campaigns may include activities such as sending a vote, playing a game, expressing opinions, subscribing to some type of service, or some type of interaction with a television program. NewPhone Wireless does not participate in Premium SMS services or campaigns. You are solely responsible for any charges incurred for Premium SMS services or campaigns. Any text messages sent to a “short code” using NewPhone Wireless service will not likely be successfully sent or received. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns or services are not refundable, regardless whether you incur charges as deductions from your NewPhone Wireless minutes.
Preventing or Sending Spam:
NewPhone Wireless subscribers receiving unwanted text messages ("spam") should contact the source and request to unsubscribe or remove the subscriber's wireless phone number from the service. If a NewPhone Wireless subscriber intentionally sends spam from a NewPhone Wireless handset, the subscriber may be terminated without notice. Contact NewPhone Wireless Customer Service at toll free 1-855-204-3667 if additional help or information is required.
NewPhone Wireless may send messages to your NewPhone Wireless handset via SMS.
NewPhone Wireless Directory Assistance, Additional Charges and ServicesDirectory assistance calls are not charged at a rate per call. Directory assistance calls are deducted from subscriber's available minutes at a 1:1 ratio. NewPhone Wireless reserves the right to access a rate per call in the future. Notice of such will be added to these Terms of Service and will be posted to our website.
Calls to 900 / 976 or other pay-per-call service numbers are not available to NewPhone Wireless subscribers. NewPhone Wireless will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. However, if any charges are received by NewPhone Wireless from the underlining carrier for these types of calls, these charges will be passed through to the end user for payment. Nonpayment of these charges when billed to the subscriber will constitute automatic disconnection of service.
Calls placed to 800/866/877 or other toll-free numbers will incur standard minute usage of a 1:1 ratio. NewPhone Wireless allows subscribers to make or receive domestic long distance calls inside the domestic USA as long as coverage is available. NewPhone Wireless does not allow free calls to other subscribers using NewPhone Wireless service. NewPhone Wireless subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.
Please contact NewPhone Wireless Customer Service at 1-855-204-3667, or visit our website at www.NewPhone.com, for additional pricing information or answers to any questions about NewPhone Wireless services. Calls to NewPhone Wireless may be monitored and recorded for quality assurance.
NewPhone Wireless Subscriber Account History:
Subscriber account history is available online for the previous 60 days of service. You may request a printed copy of your account history by sending a written request to the below address. You may also contact NewPhone Wireless Customer Service at 1-855-204-3667. Please visit www.NewPhone.com to access your account history at no cost. NewPhone Wireless subscribers have the ability to request a copy of their paper bill. Requests for a copy of the paper bill must be submitted in writing via mail or fax.
9920 Brooklet Drive
Houston, TX 77099
Or fax to: 1-832-617-7842
Or email your request to: [email protected]
NewPhone Wireless Refunds, Returns, or Lost Equipment Policy
NewPhone Wireless is not responsible for, nor will we refund any lost, stolen, misused, or damaged NewPhone Wireless Additional Minutes or Data Offering Plans. NewPhone Wireless does not accept returns or provide refunds of any NewPhone Wireless Additional Minutes or Data Offering Plans unless it is determined NewPhone Wireless did not perform the duty of service. All purchases of NewPhone Wireless Additional Minutes or Data Offering Plans are final and non-refundable regardless of who uses or possesses the subscriber's wireless phone after airtime is purchased, and regardless of whether the wireless phone is used with the subscriber's consent or knowledge. Monthly charges are non-refundable.
Wireless handsets purchased directly from or received from NewPhone Wireless may be returned for a full refund within 30 days of receipt. A subscriber must return the complete handset as received at the time of activation. For instructions, please contact NewPhone Wireless’ Customer Service at 1-855-204-3667. NewPhone Wireless provides new and recycled handsets to subscribers. All handset models provided to Lifeline subscribers are selected at the sole discretion of NewPhone Wireless. Handset models may vary. NewPhone Wireless reserves the right to replace handsets with various models at its sole discretion. All wireless handsets purchased directly from NewPhone Wireless include a 90-day warranty from NewPhone Wireless. If you experience a handset malfunction call NewPhone Wireless’ Customer Service at 1-855-204-3667.
Lost or Stolen Equipment:
If a NewPhone Wireless Subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until NewPhone Wireless is notified of the lost or stolen wireless phone. To report a lost or stolen wireless phone, please contact NewPhone Wireless's Customer Service at 1-855-204-3667. Upon receiving notice of the lost or stolen phone, NewPhone Wireless will suspend the account immediately. If a subscriber does not either activate a new NewPhone Wireless phone or notify us that they have found their wireless phone within 30 days of the suspension of the account, the account will be deactivated and the subscriber will lose the NewPhone Wireless phone number.
NewPhone Wireless Phone Number
NewPhone Wireless subscribers must accept the number that is assigned to them at the time of activation. The wireless phone number NewPhone Wireless provides for subscribers to use is and will remain the property of NewPhone Wireless. NewPhone Wireless may release a subscriber's wireless phone number to another subscriber, without giving notice, if the subscriber cancels service with NewPhone Wireless, or if the account expires and is deactivated. Subscribers may transfer a wireless number prior to the wireless number being reissued to another subscriber. NewPhone Wireless reserves the right to change a wireless number at any time. NewPhone Wireless will attempt to notify the subscriber prior to any change.
In some situations, a subscriber may transfer an existing carrier telephone number to their NewPhone Wireless service for use as a NewPhone Wireless phone number. To switch an existing phone number to NewPhone Wireless, please contact NewPhone Wireless’ Customer Service at 1-855-204-3667. Before calling, please have a bill available from the existing carrier. When a subscriber transfers from another wireless carrier to NewPhone Wireless, they may have to pay a termination fee to the former carrier to early terminate the contract. NewPhone Wireless will not reimburse a subscriber for any termination fees imposed by other carriers.
Use of NewPhone Wireless Customer Information
Limitation of Liability
NewPhone Wireless LLC. will not be liable to you (subscriber) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. NewPhone Wireless LLC. will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. NewPhone Wireless LLC. is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with NewPhone Wireless. Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages. NewPhone Wireless assumes no risk or responsibility for a subscriber's use of any content provided by NewPhone Wireless services. There is no fiduciary duty that exists between you (subscriber) and NewPhone Wireless, LLC. or its affiliates. You (subscriber), also agree that NewPhone Wireless will not be liable for any missed voice mails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by NewPhone Wireless.
To the full extent by law, you agree to hold harmless and indemnify NewPhone Wireless, LLC. and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof), directly or indirectly, resulting from your use of NewPhone Wireless products and services, or another person whom you authorize or not to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action. This obligation shall survive any expiration or termination of your service with NewPhone Wireless, LLC.
A subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach. Therefore, the above exclusions or limitations may not apply to all subscribers. A subscriber may have other legal rights that vary by state.
NewPhone Wireless does not manufacture wireless phones or equipment used by subscribers. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with wireless phones and other equipment or for manufacturers' acts or omissions. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HERE UNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANT ABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
The NewPhone Wireless Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you and NewPhone Wireless with respect to products and services provided to you and the terms under which they are offered to you by NewPhone Wireless. The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights. Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the state of Texas.
NewPhone Wireless reserves the right to suspend or terminate any subscriber's access to NewPhone Wireless services or to the NewPhone Wireless website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of NewPhone Wireless, its affiliates, or for any other reason at the sole discretion of NewPhone Wireless.
You may send notices to NewPhone Wireless by mail, 9920 Brooklet Drive, Houston, TX 77099, or by fax, 1-832-617-7842. Notices will be considered effective after received by NewPhone Wireless. If a subscriber is unable to resolve concerns with NewPhone Wireless, they may file a complaint with the Federal Communications Commission or their state commission board. Any notice sent to a subscriber will be sent to your last known residence we have on file, or via text message to your NewPhone Wireless phone.