Terms & Conditions
IMPORTANT CUSTOMER NOTICE:
From time to time we find it necessary to remind everyone that Page
Plus is a PREPAID Cellular Provider. All sales of Page Plus
Plans, PINS & Cards are 100% non-refundable, and non-transferable.
Prepaid Minutes & Plans cannot be moved between phone numbers, and prorated credits & refunds are not given if you should ever decide to discontinue your service. This is no different than any other prepaid provider out there.
Once you have paid for your time, or minutes, it is 100% non-refundable, and non-transferable, under any circumstances, at all, ever, per Page Plus policy.
Kitty Wireless Service through Page Plus Cellular As An Authorized Dealer
Please read and understand these Terms and Conditions of Service very carefully. By accepting these terms and conditions contained herein, they become a legally binding agreement (“Agreement”) between you and Kitty Wireless. Kitty Wireless is an Authorized Dealer for Page Plus Cellular. The Agreement contains important information pertaining to your legal rights, limitations on the use of the Kitty Wireless Service and requires that any disputes be resolved through arbitration instead of court.
This Agreement becomes binding on you when you accept it. You accept it by doing one of the following actions:
You must active the Handset in order for you to use it with the Kitty Wireless Service. Activation can take place in one of the following ways:
In order for you to use your airtime minutes using the Kitty Wireless Service you must establish and add minutes to your Kitty Wireless Account. Your Account is identified by the phone number assigned to you. You add minutes to your account when you replenish it. Replenishment can take place in one of the following ways:
You must use a certified Kitty Wireless Handset in order to receive Kitty Wireless Service. Your Kitty Wireless Handset can only be used with Kitty Wireless Service, and cannot be activated with any other wireless or cellular service. Some functions and features referenced in the Manufacturer’s manual provided with your Kitty Wireless Handset may not be available for use with the Kitty Wireless Service. The wireless telecommunications network used to provide you the Kitty Wireless Service is owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Kitty Wireless. Kitty Wireless, therefore, may modify or cancel any service or take corrective action at any time without prior notice and for any reason. Kitty Wireless Service is subject to Kitty Wireless' policies, practices and procedures, which Kitty Wireless can change without notice.
You must accept the Kitty Wireless telephone number assigned to your Kitty Wireless account at the time of activation. You have no rights in the telephone number we assign to you except for any right you may have to port it.
Once your account is activated, minutes will be added to your account or will already be added to the Kitty Wireless phone number assigned to the handset you purchased. Once activated, the number of minutes assigned to the account will be available for use with the Kitty Wireless Service subject to any charges that are incurred due to use of Service or other fees as applicable. The balance on your Page Plus account cannot be refunded, not can it be split, transferred, or redistributed to another Kitty Wireless account. Your Kitty Wireless airtime and minute balance can only be used with the Kitty Wireless Service, and cannot be used with or transferred to any other wireless or cellular service.
Kitty Wireless Account balance is issued and maintained in US dollars. Your account balance will decrease based on your usage and to pay for usage fees as specified by the plan you select. You will have access to Kitty Wireless Service only when you have a balance available on the Kitty Wireless account. You may add additional minutes by entering the Personal Identification Number (“PIN”) obtained from Kitty Wireless prepaid cards or from a retailer pin number. You must add your Kitty Wireless prepaid PIN to your Kitty Wireless account in a timely manner before the expiration of the Service Extension Date (as defined below). Your plan is determined based on the face value of the Kitty Wireless Prepaid Plan card or PIN receipt you purchase. A list of the current service plans and charges are available at our website, www.kittywireless.com
Unlimited Plan Abuse
Page Plus Unlimited Plan services are provided solely for live dialogue between two individuals for personal use. Other uses have the potential to disrupt reliable service to other Page Plus customers and/or have an impact on network resources, so are therefore considered abuse of the service and will not be allowed. Such uses would include, but are not limited to, machine-to-machine, telemarketing, autodialing, transmission of broadcasts or recorded material, and any and all other commercial uses. We may determine at our sole discretion that abuse is taking place if, for instance, you are placing an unusually high number of calls of unusually long duration. We reserve the right to respond to such abuse by placing you on a different class of service or, at our discretion, terminating your service.
Unless otherwise prohibited by law, Kitty Wireless reserves the right to change prices or the use of the Kitty Wireless Service in this Agreement at any time and without notice to you. You must refer to our website at www.kittywireless.com for an updated version of these terms and conditions.
Each Kitty Wireless prepaid card or PIN receipt identifies the number of minutes available for using the Kitty Wireless Service. The airtime minutes are available for your use for a period of 120 days beginning on the day that you purchase and activate the card and add the minutes to your Kitty Wireless account (the “Service Extension Date”).
Kitty Wireless will make every possible attempt to make sure that your Kitty AutoPay number is renewed before the following morning after your expiration date. However, sometimes there are circumstances out of our control - such as the Page Plus system not working correctly, power outages, computer failures, hardware/software failures, or medical emergencies. In situations such as this, your AutoPay will be reactivated as soon as humanly possible. Kitty Wireless cannot be held liable for any losses, direct or indirect, that may result in your AutoPay number not being renewed properly if it results in a period of interrupted service.
When you use a Kitty Wireless Service (e.g., make a call, send or receive a text message, etc.), Kitty Wireless will debit your account at the rate described in your plan for the feature you are using. Use generally begins when you answer a call and continues until you end the call. Your balance will be debited for all calls except for #737 and 911 calls. Balances are debited in full minute increments and in full 8-kilobyte increments, per service. No credit is given for dropped calls.
In addition to the charges per service incurred pursuant to your Plan, we may charge a monthly maintenance fee. Currently, customers on our “Standard” plan are billed a monthly maintenance fee of 50¢. Customers on our “Unlimited Nights & Weekends”, “Unlimited Anytime 24/7”, and “Talk n Text” plans are not currently billed a monthly maintenance fee.
If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period the Service Extension Date, your Kitty Wireless Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account within 30 days from the Service Date Extension, Kitty Wireless may also reassign your phone number to a different user. If your Kitty Wireless phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you by Kitty Wireless should you choose to resume using the Kitty Wireless Service.
Coverage maps are available on our website, www.kittywireless.com. These maps are for informational purposes only. Kitty Wireless does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, other factors not under Kitty Wireless' control may interfere with your actual service. Actual coverage and service areas may vary from the maps and may change without notice.
All Kitty Wireless handsets are sold for exclusive use with Kitty Wireless service. Improper, illegal, or unauthorized use of your Kitty Wireless service or handset may result in immediate termination of Service. You agree not to change, alter, or tamper with your Kitty Wireless handset or the software used in conjunction with it, enter fraudulent PIN numbers, engage in any other unauthorized or illegal use of the service, assist others in such acts, or to export Kitty Wireless handsets outside of the United States. These acts violate Kitty Wireless' rights and could violate state and federal laws. Kitty Wireless will prosecute violators to the full extent of the law.
You agree not to resell our service to someone else without our prior written permission.
You also agree that your Handset will not be used for any other purpose that is not allowed by this Agreement or that is illegal.
You agree that you won’t install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.
We can, without notice, limit, suspend, and deactivate your account or any agreement with you for these causes, or any other good causes which include, but are not limited to:
We can also temporarily limit your service for any operational or governmental reason.
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 concerning your service. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.
Kitty Wireless warrants that the handsets:
Unless the law forbids it in any particular case, there are no warranties which extend beyond these warranties and the company expressly disclaims all other warranties, whether express or implied, or arising by operation of law, including but not limited to, any warranty of merchantability or fitness for any particular purpose.
In the event any Kitty Wireless Handset fails to comply with this warranty, you may return the Kitty Wireless Handset to Kitty Wireless within the Warranty Period, freight prepaid at your expense.
Your sole and exclusive remedy for the non-conformance of any Kitty Wireless Handset with the Handset specifications or for defects in materials or workmanship in the handset within the Warranty Period shall be, at Kitty Wireless' election,
Kitty Wireless shall not be liable for defects caused by abuse or misuse of its handsets. Except for Kitty Wireless' direct costs in repairing, correcting or replacing any non-conforming or defective handset, Kitty Wireless shall not be liable for any other expense connected with the repair, correction or replacement of any handset or for any special, exemplary, incidental or consequential damages.
Unless the law forbids it in any particular case, we each agree to limit claims for damages or other monetary relief against each other to direct damages. This limitation and waiver will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, products liability or any other theory. This means that neither of us will seek any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against one of our suppliers, to the extent that we would be required to indemnify the supplier for such claim.
You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather or other things we don’t control; or by any act of God. You also agree we are not liable for missed Voice Mails, or deletions of Voice Mails from your Voice Mailbox (if you have one), even if you have saved them, or for other information that may be lost or deleted if we service your phone. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes. You also agree to any Limitations of Liability in favor of the carriers we use to provide you with the Kitty Wireless Service.
We each agree to settle disputes (except certain small claims) only by arbitration. There is no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreement, as a court would. If an applicable statute provides for an award of attorney’s fees, an arbitrator can award them too. We also each agree, to the fullest extent permitted by law, that:
You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, “you” means the organization.
A waiver of any part of this Agreement in one instance is not a waiver of any part or any other instance. You can not assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice.
Notices are considered delivered when we send them by email or fax to any email, text message or fax or cell phone number you have provided to us, including your Kitty Wireless account number or 3 days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you.
If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can not rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this Agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws or rules of that state.