Terms and Conditions

GENERAL.

This Agreement (“Agreement”) covers the terms and conditions of PlatinumTel Communications, LLC (“PlatinumTel”). Your purchase, activation, or use of PlatinumTel’s products or services indicates that you acknowledge and agree to the terms and conditions herein.

UNLIMITED TALK & TEXT SERVICE, CHARGES AND BILLING “Unlimited”.

To use PlatinumTel Unlimited service you must maintain a balance equal to or greater than the daily fee of $2.00 no later than 11:59 pm the night before the daily fee is debited from your account or your account may be suspended. You are billed $2.00 per day for this plan. Subscriber’s account cannot have a balance over $300. Subscriber will be charged for billable features not included in this plan. Subscribers agree to the terms and conditions set by PlatinumTel upon activating their Unlimited account.

REAL PAYGO AND HYBRID SERVICE, CHARGES AND BILLING.

To use PlatinumTel’s Real Paygo and Hybrid service you must maintain a sufficient balance of airtime and access days on your account.

Subscriber will be charged airtime for incoming and outgoing voice calls unless subscriber is on a plan offering special rates during nights and weekends periods. Subscribers are also charged airtime for Text Messages (SMS), data transfer, Web browsing, and other chargeable features. Voice calls are rounded up to the next full minute. Subscribers will be billed regular airtime for toll free numbers such as 800, 866, 877, and 888. Subscriber will be charged for billable features not included in these plans.

Billable features can include, and are not limited to, SMS (incoming or outgoing), Picture Messaging or MMS (incoming or outgoing), international calls, 411 Directory Assistance calls, mobile content, data use, ringtones, wallpapers, games, applications, subscription services, and party lines. Party lines will be billed at normal airtime rates and are not included. Additional surcharge fees apply per download. Please visit us at www.platinumtel.com for additional information.

If you fall below the required minimum, your Unlimited, Real Paygo or Hybrid account will be suspended until you replenish your account with a PlatinumTel card or plan. If you fail to replenish your Unlimited, Real Paygo or Hybrid account within 30 days of the expiration of service, you will lose your account and you will also forfeit any remaining balance on your account. If you transfer your number to a different carrier, you will lose your balance. Airtime purchased and not loaded onto your account within 120 days from date of purchase will be void. Unlimited, Real Paygo or Hybrid account balances are debited for all services not included in the plan. Additional taxes and regulatory fees may apply on all plans.

Airtime balance provided by PlatinumTel is estimated and could have a delay of up to 24 hours. PlatinumTel reserves the right to suspend subscribers based on their daily average if there is a delay of over 24 hours in the delivery of the call detail records from the host network operator.

UNLIMITED TALK & TEXT PLAN.

Domestic voice calling is included. Long distance is included. You do not pay anything extra when you make a domestic long distance call. Nationwide on-network roaming is included. Off-network is not available. Off-network roaming is not included. Text messages or SMS are included for no additional charge. Subscriber will be billed $.0005 (20 kilobytes per penny or $.512 per megabyte) for data used beyond the amount of data offered with the plan. Picture messaging is billed $.10 per message, incoming or outgoing; standard data rates apply. 411 Directory Assistance calls are billed $1.49 per call. Airtime used during your Directory Assistance call is free. You can check your balance via #ADD at no extra fee. You can receive a text message with your balance by sending a text message to 9080 with the word “BAL” in the message body at no extra fee. The use of services not included in this plan will be deducted from the subscriber’s airtime balance. There are no maintenance fees. Airtime expires one hundred and eighty (180) days from the time it is loaded onto an account. Note: Only certain PlatinumTel handset models will allow you to access and utilize the web.

REAL PAYGO PLAN.

You are billed $.05 per minute of use for all calls. There are no call set-up fees. You do not pay anything extra when you make a domestic long distance call, you pay regular airtime only. On-network roaming is billed at normal airtime rates. Off-network is not available. Off-network roaming is not included. Text messaging (or SMS) is billed at a rate of $.02 per message, incoming or outgoing, at all times. Web Services are billed $.010 per Megabyte used. Picture messaging is billed $.10 per message, incoming or outgoing; standard data rates apply. 411 Directory Assistance calls are billed $1.49 per call plus airtime for this service. You can check your balance via #ADD at no extra fee, however you pay regular airtime to check your minutes directly from your handset. You can receive a text message with your balance by sending a text message to 9080 with the word “BAL” in the message body, regular text messaging rates apply. Accounts are billed a $.50 monthly fee as a contribution to Federal Universal Service Fund and WLNP (Wireless Local Number Portability).

Note: If account remains idle and unused for a period of 60 days, PlatinumTel reserves the right to expire account, and subscriber may lose phone number and forfeits any remaining balance on the account.

HYBRID PLAN.

Anytime minutes and days of service vary with each plan. You are billed 1 anytime minute for peak calls. Off-peak calls are free. Off-peak period is from 9:00 pm until 6:59 am Monday through Thursday and from 9:00 pm Friday until 6:59 am Monday. You do not pay anything extra when you make a domestic long distance call, you pay regular airtime only. On-network roaming is billed at normal airtime rates. All minutes carry over for a period of 90 days. Text messaging (or SMS) is billed 1 anytime minute ($.10) per message, incoming or outgoing, at all times unless a text messaging plan is loaded onto the account. Web Services are billed $.30 per Megabyte (3 minutes). Picture messaging is billed $.20 per message, incoming or outgoing; standard data rates apply. 411 Directory Assistance calls are billed $1.49 per call plus airtime for this service. You can check your balance via #ADD at no extra fee, however you pay regular airtime to check your minutes directly from your handset. You can receive a text message with your balance by sending a text message to 9080 with the word “BAL” in the message body, regular text messaging rates apply. There are no maintenance fees. Accounts are billed a $1.95 monthly fee as a contribution to Federal Universal Service Fund and WLNP (Wireless Local Number Portability.

Note: Only certain PlatinumTel handset models will allow you to access and utilize the web.

CALLING FEATURES.

Subscriber will be billed airtime rates for all calls active when using 3-way calling and call waiting and any other digital features that require any form of wireless transmittal. For outbound calls, you may be charged airtime for incomplete, busy, and/or no answer calls. With incoming calls, you will be charged airtime upon pressing any key on the mobile phone that answers the call. No credit is given for dropped calls. All calls placed to 911 and 311 Emergency are free. PlatinumTel reserves the right to charge for 411 calls within 30 days from the time the 411 call was placed. Subscriber cannot place calls to 500, 700, 900, or 976 numbers; or place operator-assisted calls such as third-party-billed and collect calls. Subscriber cannot place calls to local or long distance numbers identified as party lines. Calls placed to party lines are always chargeable at peak rates. Subscriber’s account will be debited additional charges for all features not included.

Direct international calls are not included. If a direct international call is placed, your account will be suspended. If you use PlatinumTel International service you pay the international per minute rate. Calls are rounded up to the next full minute. Regular airtime charges apply.

RESTRICTIONS.

PlatinumTel service may be suspended or terminated, if at any time, fraudulent or criminal activity is suspected or committed. PlatinumTel reserves the right to terminate, restrict, limit, or alter service or eligibility for service based on abnormal calling patterns, excessive use of nights and weekends calling, excessive text messaging, bulk text messaging, tethering (connecting the phone to a computer to access the web), and any form of abusive conduct. No credit is given for dropped calls. All cards purchased are non-refundable and non-transferable. PlatinumTel is not responsible if lost or stolen.

Subscriber agrees that they are responsible for any and all activities undertaken when using the PlatinumTel Unlimited service. Subscriber shall not use, nor permit others to use their PlatinumTel service in a manner for a purpose contrary to these terms and conditions.

EXCESSIVE USE.

PlatinumTel offers its subscribers an inexpensive and reliable service. In order for PlatinumTel to guarantee our subscribers the use of unlimited talk, text and web services, subscribers agree not to use any of the unlimited talk, text, or web services in any way that would interrupt or negatively impact PlatinumTel’s network resources. Subscriber agrees not to use the PlatinumTel unlimited talk services in any way that would create continuous high call sessions or use our service in a manner that is not typical with our subscribers. PlatinumTel reserves the right to suspend or cancel subscriber’s account if subscriber’s talk, text and web usage patterns continuously and excessively exceed the average usage of other subscribers on the same plan. PlatinumTel reserves the right to deny unlimited talk, text and web services or cancel existing service to subscribers for any reason at any time in PlatinumTel's sole discretion.

UNLIMITED SERVICE INTENDED USE.

Subscriber agrees to use our Unlimited talk service strictly for live conversations between two people for personal use and that no call should be left unattended for any period as described in this Agreement. Subscriber agrees not to use the Unlimited talk, text, and web service for any type of “spamming”; telemarketing calls; any type of data, broadcast or recorded transmissions; conference calls; any monitoring services; auto-redial; any type of commercial use, or abusive messaging or calling. Repeated and extended duration calls made to numbers where communication takes place exclusively with an automated system are not allowed. Subscriber understands that the unlimited talk, text and web services are not intended to be used continuously, without breaks, to create the functional equivalent of a dedicated line. Subscriber agrees to use the unlimited web service for web browsing, messaging and similar activities on your device and not on any other equipment. Subscriber agrees not to connect their handset to a computer to access the web or other data networks (“tethering”). Tethering your handset is not permitted. The Unlimited data service is intended for use from the handset and not to be used as subscriber’s dedicated internet connection. Subscriber agrees to use the Unlimited text service for text messaging between two people only. Subscriber agrees not use the Unlimited text service to send automated text or picture messages to another mobile number or e-mail address, uploading, downloading or streaming of audio or video programming or games, as a substitute or backup for private lines or dedicated data connections. Subscriber agrees not to use the Unlimited text service to send unsolicited and bulk text messages. PlatinumTel reserves the right to suspend, terminate or restrict unlimited talk, text, and web services to subscribers who use the talk, text and web services in a manner that interferes with other customers’ service, degrade service quality for other customers, and interrupt or negatively impact the network resources.

PlatinumTel reserves the right to terminate, restrict, limit, block or alter service or eligibility for service if we presume that any subscriber is engaging in any type of abusive conduct such as unreasonable use of an abnormal high number of calls and placing repeated calls with long durations as compared to other subscribers on the same plan. We have the right to determine, at our sole discretion, if your use is abusive or disruptive to PlatinumTel’s systems and/or services and if you are using the Unlimited service in violation of our general terms and conditions or the Unlimited terms of service, in a manner that we feel is excessive. Services are provided at our discretion and we may change or cancel services at any time for any reason, including for improper use of our products or services or for any violation of this Agreement.

OTHER TERMS.

PlatinumTel Wireless Service is subject to transmission limitations caused by atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited or interrupted due to system capacity limitations or limitations imposed by the carrier for any reason, or because of equipment/software modifications, upgrades, repairs, replacement, relocation or any other activity performed by the carrier to improve or repair carrier's system. Your service may also be canceled for any software modification or tampering of the handset. Tampering with the handset will also render any warranties null and void. PlatinumTel Wireless is not responsible for service interruptions due to natural disasters, acts of God, or criminal acts committed which may affect service.

LIMITATION OF LIABILITY.

PlatinumTel is not liable for any damages arising from or in connection with the provision of, or failure to provide, any product or service. We are not liable for any damages arising from or in connection with any acts or omissions made by the host network operator or service provider or any other company involved in the provision of PlatinumTel products or services. In no event shall PlatinumTel be liable for any indirect, incidental, punitive, special or consequential damages, or damages for loss of profits, revenue, or use incurred by subscriber or any third party, whether in an action in contract, or tort, or otherwise arising from or in connection with the provision of or failure to provide any product or service. YOU AGREE TO INDEMNIFY AND HOLD PLATINUMTEL HARMLESS FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF PLATINUMTEL PRODUCTS OR SERVICES.

PlatinumTel may contact you on your wireless phone, via mail, SMS, or email from time to time to inform you of service updates or new offers and promotions from PlatinumTel and its partners. PlatinumTel Terms and Conditions, airtime rates, cards and card/minute denominations are subject to change without prior notice. For any questions or for a copy of the latest complete terms and conditions release, you may contact PlatinumTel at 866-CALL-ME-1 or visit us online at www.platinumtel.com.