TERMS AND CONDITIONS
Updated February 20, 2019
General Terms and Conditions
Torch Wireless is a telecommunications carrier providing wholesale and wireless services, including Lifeline Program eligible services and plans.
Please carefully review the following terms and conditions. They contain important information about your legal rights and handling of any disputes. Along with any applicable policies, Service requirements, rates and plans, applications, or applicable tariffs, they are part of your Service agreement ("Agreement") with Torch Wireless, constituting a legal binding contract between the Service provider (referred to as "Torch Wireless", "provider", "us", "our", or "we") and the end user (referred to as “you”, “your”, “subscriber”, “customer” or “user”) for use of the Services, Features, and Devices provided by Torch Wireless.
Further, note this agreement requires the use of individual arbitration rather than jury trials or class actions to resolve disputes. Arbitration is more informal and an alternative to court action (litigation).
Torch Wireless reserves the right to change or modify these terms and conditions at any time. Changes will become effective and binding once posted on the Torch Wireless website at www.torchwireless.com/terms-and-conditions. In the event a change materially affects you or your Service, we will provide advance notice of the change. We recommend you check the website regularly for updates and/or changes.
You acknowledge and agree to these terms and conditions upon opening any provided package(s) or materials, enrolling in a Torch Wireless Service, or activating or attempting to activate a Device associated with the Service. Further, by acceptance of this agreement, you acknowledge and agree you have the legal capacity to accept these terms and conditions.
"Device(s)" are defined as any broadband device or other devices, including any phone or accessory, we provide or sell to you, for the purpose of activating and using on your account with us.
"Service(s)" are defined as our toll-free, fixed, or wireless plans, rates, offers, billing, applications, products, or programs under a service plan or on your account with us.
"Third-Party" refers to any provider or manufacturer offering Devices, Services, applications, programs, or products not from Torch Wireless. Additional terms or conditions originating from a third-party may apply and are directly between you and the third party. Torch Wireless is not responsible for items or Services originating from a third-party.
"Lifeline" refers to The Lifeline Program, a federal program that provides a monthly discount on landline or wireless phone service to eligible low-income households.
Use of Service
It is prohibited to use our Services in a manner that is unlawful, harmful, disruptive, interrupts or degrades the Torch Wireless network or systems, and/or otherwise interferes with another customer’s use of our Service.
Torch Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend Service if any customer engages in any of the prohibited uses.
Suspension or Termination of Service
Subscribers may terminate Service, with notice, to Torch Wireless. Subscribers agree that all outstanding balances, including any early termination fees, will remain due.
Torch Wireless may, in turn, provide notice to terminate or suspend Service, but you acknowledge we are not required, and instead can suspend or terminate any Service at any time for any reason. This includes, as examples, (a) failure to have or maintain an appropriate account balance for applicable charges; (b) failing to adhere or maintain to required usage, notifications, and/or other actions as required by specific service or program rules, (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false or inaccurate information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by, or inconsistent with, the Agreement and Policies; (g) breaching, failing to follow, or abusing the Agreement or Policies; (h) modifying a Device from its manufacturer specifications or (i) if we believe the action protects our interests, any customer’s interest, or our networks.
Torch Wireless Service is subject to availability in the area in which you choose to use your Device. Actual service coverage and speeds may vary and can depend on circumstances beyond our control, including network limitation, network congestion, signal strength, weather, geography, topography, the specific device being used, or third-party services/sites being accessed.
Torch Wireless does not guarantee or warrant the Service will be available at any specific time or geographical location, or that the Service will be provided without interruption.
Assigned Phone Number
Specific Torch Wireless Services may require us to assign a phone number to you, for use with Torch Wireless. Subscribers must accept the number assigned and agree that it is and will remain the property of Torch Wireless, unless a transfer (“porting”) request has been expressly made and the number is eligible for portability. In the event your Service is terminated, we reserve the right to reassign that number to another customer, without notice. If desired, Subscribers that have current phone numbers that are eligible for transfer (“porting”) may request to bring their number to us, as part of the initial setup discussion. We will request the transfer as part of your setup, but cannot guarantee the number transfer to us will be successful. If successful, note that when you switch from another wireless carrier, you may have to pay a termination penalty to your former carrier if you terminate your contract early. Any outstanding balance with the original carrier will not transfer to Torch Wireless and remain the responsibility of the subscriber, in accordance with the original carrier's policies. Torch Wireless will not reimburse you for any fees imposed by other carriers.
Fixed and wireless consumer Services and Devices, provided by Torch Wireless, may not be resold.
Lost or Stolen Equipment
All Devices and Services associated to your account, including expenses associated with them, are considered active and valid unless otherwise suspended or terminated. It the event of a lost or stolen Device, you are responsible for all charges incurred until Torch Wireless has been notified by contacting us directly. Upon notice, Torch Wireless will suspend the account immediately.
Subscribers will have the option to reactive within 30 days of the date of suspension with another Device, or with the original Device if found. In the event reactivation does not occur within 30 days, Torch Wireless may terminate the account and any associated phone numbers may be reassigned as necessary.
Refunds and Replacement Policy
Unused minutes and/or data for Service plans, including add-on packages are not eligible for refunds. This includes Services suspended or terminated by the subscriber or provider in accordance with the suspension or termination of Service terms. If your Service is terminated for any reason and you have a positive balance in your Service account, you will not be entitled to receive any refund.
For a refund or replacement of a purchased or free of charge Device, subscribers have 21-days from the date the Device shipped to return the Device in the same condition it was received, with its original packaging and contents. Devices returned with missing items or in a damaged condition, will not be accepted and will void this policy.
Prior to performing a return, the subscriber must contact Torch Wireless to request a return authorization approval and additional instructions for the return.
Sold or Provided Device(s)
We don’t manufacture any Device we might sell or otherwise provide for use with our Services and as such are not responsible for any defects, acts, or omissions of the manufacturer.
The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications and may impact access to all of our Services. This Device sold or provided is to be used exclusively with our Service and in other coverage areas that we may make available to you.
All handset models provided are selected at the sole discretion of Torch Wireless.
Service Plans, Pricing, and Features
Service plans, including descriptions and pricing, may vary by state and are available for review on www.torchwireless.com.
Plans and pricing may be subject to change with updates provided directly to the website. Specific plans and prices may require qualification for eligibility.
Each plan includes free Nationwide Long Distance, Free Caller ID, Free Call Waiting, Free Call Forwarding. Free 3-Way Calling, Free Voicemail, Free calls to 911 Emergency Services, Free calls to customer service, and where applicable, a free company selected Device.
Voice and Text Messaging Rates
Voice calls and text messages are calculated and billed monthly, in minutes, with usage rounded up to the next minute. They are considered anytime minutes with no rollover. Calls or text messages made to Torch Wireless via the shortcode 611 do not count against the service plan total package minutes.
a. Unused plan minutes will expire at the end of each calendar month.
b. State and local sales taxes will apply.
c. Any additional fees, taxes, or surcharges imposed by regulatory/government entities will apply.
Each plan carries a pre-determined limit for the month. Unlimited features carry a cap of 4000 minutes. If subscribers have used all of their monthly allotment of minutes, add-on packages can be purchased to continue to send and receive calls or messages and will be valid for 90-days from the purchase date.
Data Service Rates
Data usage is calculated and billed monthly, in either kilobytes (KB) or megabytes (MB), either downloaded or uploaded, through the course of internet usage. Each plan carriers a pre-determined limit for the month. If subscribers have used all of their monthly data allotment, add-on packages can be purchased to continue to use data until the next monthly cycle.
If you believe in good faith that your account has been improperly charged and wish to dispute any portion of your invoice, you must contact us within 60 days after the charge appears on your account. If you do not notify us within this 60-day period, you waive any right to dispute the charge, including in arbitration or a court proceeding. We will review your claim to determine if any error has been made, and credit your account accordingly. If a dispute has not been resolved by good faith efforts between the parties, the resolution shall be settled only by binding arbitration, which may be initiated by either party and conducted in accordance with this Agreement. See Dispute Resolution for more details.
Taxes and Assessed Fees
You are responsible for and agree to pay all taxes and fees, including but not limited to federal, state, local, or foreign taxes, fees, and other assessments that we’re required by law to collect and remit to the government on the Services that we provide to you. Taxes, surcharges, and other fees may change from time to time without advance notice.
Under federal law, you have the right and the Company has the duty to protect the confidentiality of your information.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
Subscriber agrees that neither Torch Wireless nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Torch Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.
In the event a resolution is not reached within 30 days from the date of the notice, either party may commence a binding arbitration proceeding in accordance with the Arbitration provision of this agreement.
We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and the award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
"Disputes" are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send a written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, relevant documents and supporting information, and the proposed resolution. Notice to you will be sent to the mailing address on file and notice to us will be sent to the Torch Wireless Corporate Address. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we each cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and Torch Wireless (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
Jury or Class Actions
To the extent allowable by law, you expressly agree and waive any right to pursue claims or disputes against Torch Wireless on a class action lawsuit or assert a claim in a representative capacity in any lawsuit, arbitration, or other proceedings. Further, you expressly agree and waive any right to a trial by jury in any lawsuit, arbitration, or other proceedings.
Agreement Survival and Severability
This agreement, including any policies, schedules, attachments, exhibits, or other documents it incorporates serves as the entire agreement between us and supersedes any prior written or oral agreements, including statements made by sales or service representatives. If any part of this agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. If either of us waives or does not enforce a requirement under this Agreement in an instance, we do not waive our right to later enforce that requirement. The rights, obligations, and commitments under this Agreement that by their nature, would logically continue beyond the termination of Services, including but not limited to dispute resolution, billing, limitation of liability, and arbitration, shall survive termination of the Services.
All contents, including marketing, images, logos, and brand marks are licensed to or property of Torch Wireless. You agree not to infringe, misappropriate, or otherwise violate the rights.
The Lifeline Program is a federal program that provides a monthly discount on landline or wireless phone Service to eligible low-income households. It is supported by the federal Universal Service Fund and is administered by the Universal Service Administration Company.
In addition to the General Terms and Conditions in this agreement, the Lifeline Program Terms and Conditions outlined below also apply.
Wholesale Terms and Conditions
Service Specific Conditions
Wholesale services are subject to the general terms and conditions, and as applicable, upon specific agreement(s) to provide services, additional provisions, conditions, and terms for the specific wholesale services will be provided.
Lifeline Program Terms and Conditions
Eligibility and Qualification
Eligibility varies by state. In order to qualify, a customer must reside in the areas in which Torch Wireless has been designated an Eligible Telecommunications Carrier (ETC) and the principal address must be within the company’s service area. Subscribers must meet eligibility requirements set by each state where the Torch Wireless Lifeline plans are offered. These requirements are based on (a) an individual’s (or their dependant's) participation in state or federal support program(s) or by (b) meeting certain income requirements based upon the Federal Poverty Guidelines as defined by the US Government. Proof of program participation such as a program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program is required. If qualifying based on income, proof of income is required.
A Lifeline discount is available for only one telephone connection per Household. A Household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses, even if they are not related to each other ("Household"). A Household is not permitted to receive Lifeline benefits from multiple providers. Violation of the one per household limitation constitutes a violation of the Federal Communications Commission’s rules and will result in the applicant being unenrolled from the program. Lifeline is a federal benefit and willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment or being barred from the program.
Through the process of completing the Torch Wireless Lifeline Application form, consent will be requested and applicants will be required to provide required documentation, including proof of government program participation and/or financial information, to Torch Wireless for the verification of eligibility and administration of the Lifeline Services.
Your account will remain active as long as you meet the applicable eligibility standards. You are responsible for notifying Torch Wireless within 30 days if you no longer meet the applicable eligibility standards. Additionally, you will be required to confirm your eligibility status as necessary and recertify, at least annually to remain eligible.
Lifeline plan benefits are non-transferable and may not be transferred to any other person.
Lifeline Program Consent
Applicants for Torch Wireless Lifeline plans must complete an application form, providing supporting documentation to validate eligibility requirements and certify, under penalty of perjury, that:
Information provided within the application is true and correct.
Applicant acknowledges that providing false or fraudulent documentation in order to demonstrate eligibility for the Lifeline program is punishable by fine or imprisonment.
It is understood that the Lifeline program is a federal government benefit program and that only qualified persons may participate.
It is understood that Lifeline is only available for one phone line per household, whether landline or wireless and no one in the same household is receiving Lifeline service.
The applicant is at least 18 years of age and not currently receiving Lifeline telephone service from any other landline or wireless telephone company.
Applicant acknowledges service is non-transferrable and will not transfer service to any other individual, including another eligible low-income consumer.
Applicant authorizes Torch Wireless to access any records required to verify eligibility and to release any of the records required for the administration of the Lifeline program.
It is understood that it will be required to verify continued eligibility for Torch Wireless Lifeline service at least annually and it may be requested at any time. Failure to do so will result in termination of the lifeline benefits.
The applicant will notify Torch Wireless immediately if they no longer qualify for Lifeline, or if they question as to whether they still qualify.
The applicant will notify Torch Wireless immediately upon a change in home address changes, but no later than 30 days.
If the address provided is a temporary address, the applicant must verify their address every ninety (90) days and failure to do so may result in being unenrolled from the program.
If the Applicant is seeking to qualify as an eligible resident of Tribal lands, that applicant must indicate they reside on federally recognized Tribal land.
Applicant authorizes Torch Wireless to be able to contact the subscriber by automated service or other means, for notifications, including but not limited to annual lifeline re-verification or non-usage reminders.
It is understood that completion of the application does not constitute immediate approval of lifeline services.
Lifeline Service Plans, Pricing, and Features
Lifeline Service plans, including descriptions and pricing, vary by state and are available for review from www.torchwireless.com. Plans and pricing may be subject to change with updates provided directly to the website.
Subscribers of the Lifeline Program are eligible to receive discounted service in the form of a reduction to their monthly bill as follows:
Reduction of $9.25 for Lifeline, Non-Tribal plans
Reduction of $34.25 for Lifeline Tribal plans