PLEASE READ:
Definitions. For purposes of these Terms and Conditions, these definitions apply:
“Customer” and “you” refers to the end customer, whether an individual or an entity (such as a school),
entering into a Customer Agreement with Reseller.
“Customer Agreement” refers to your legal agreement with Reseller relating to use of the Service into
which these Minimum Terms and Conditions are incorporated.
“Equipment” refers to the modems and other equipment required to use the Service.
“Mobile Citizen” means Mobile Citizen, LLC.
“Provider” refers to the third-party provider of the Service, as may change from time to time. The
current Provider is: Sprint Spectrum, L.P. (or an affiliate thereof).
“Reseller” refers to the Foundation for California Community Colleges, the entity entering into a Reseller
Agreement with Mobile Citizen.
“Service” refers to the wireless broadband service distributed by Mobile Citizen to Reseller and resold by
Reseller to you under your Customer Agreement, including any associated media or documentation.
“TOS” refers to this document, the Terms of Service.
Mobile Citizen 30 GB+ 4G LTE Plan: Sprint is providing Customers with a 30 GB+ 4G LTE data-only plan
(with no throttling, suspension or overage charges after 30 GB). The plan does not include off-network
roaming and it is subject to any standard network management that Sprint may apply to commercial
broadband data-only account users.
Equipment: You must purchase all necessary Equipment through Reseller. Rental arrangements are not
permitted without Mobile Citizen’s prior consent, nor is the use of third-party equipment. You agree not
to tamper with, modify, reverse-engineer or interfere with the Equipment.
Subscription Term: The initial term of each Subscription begins upon purchase of service and expires 30
days thereafter, and is subject to Service availability and any standard price adjustments then in effect.
For purposes of billing, one (1) month is defined as thirty (30) days. The initial Subscription term and any
subsequent renewal term are collectively referred to herein as the “Subscription Term.” If Reseller does
not receive payment in full for any applicable Subscription Fees (defined below), Reseller reserves the
right to suspend or terminate the applicable Subscription(s) on three days’ notice unless the default is
cured within such time.
Fees and Payment: Fees for mobile devices (“Equipment”) and subscriptions are as quoted on the product
page upon date of purchase. Additional transaction, administrative, shipping and handling fees, and taxes
may apply upon final purchase of Equipment and subscriptions. ALL EQUIPMENT PURCHASES ARE FINAL.
Subscription payments are available in monthly installments. Customer will be automatically billed on the
business day marking the expiration of the Customer’s current subscription term. Charges will be made
automatically against the credit or debit card used in the most recent Subscription or Package payment,
unless Customer cancels the Service or provides new billing information.
Verification: Customer is solely responsible for verifying coverage and availability of service prior to
purchase of subscriptions or Packages. Customer may verify coverage by visiting
Sprint Coverage and entering the physical address. Coverage “Anywhere” defined as the operating range of the Sprint 4G LTE network within the contiguous 48 United States; coverage may change from time to time at the sole discretion of the Provider.
Cancellation
a. Fees.
"Fees. For subscription cancellations within sixty (60) days of order placement, a $20 cancellation and processing fee will apply.. Cancellation fee is subject
to change.
b. Process. The Customer must initiate the cancellation of Service by placing a cancellation request
online on the Reseller’s e-Store. Customer must correctly provide the 9-digit PTN(s) of the
device(s) associated with the subscriptions to be cancelled. The PTN is a 9-digit numeric code. The
cancellation fee will be charged to the Customer’s debit or credit card on file. The refund will
include the subscription paid less the corresponding cancellation fee.
Termination: Service provider may terminate Service at any point. Customer may terminate
Service/subscription as reflected in “Cancellation” section of this “Terms and Conditions” document.
Service will be terminated in the event that the automatic payment transaction for devices associated
with Customer’s account fails.
Reactivation
a. Former Customers. Former Customers with lapsed subscriptions may reactivate their account by
visiting the Reseller’s e-Store. Upon successful verification of the 9-digit PTN(s) of the device(s)
previously associated with the Customer, an electronic receipt will be issued stating the new
subscription term. Actual reactivation of the device may take at least 3-5 business days from
electronic receipt, depending on when the reactivation request was placed.
b. New Customers. Customers who obtain devices from Former Customers with lapsed subscriptions
may reactivate the device by visiting the Reseller’s e-Store. Upon successful verification of the 9-
digit PTN(s) of the device(s), an electronic receipt will be issued stating the new subscription term.
Actual reactivation of the device may take at least 3-5 business days from electronic receipt,
depending on when the reactivation request was placed.
Reassignments: Customer may not distribute or transfer any devices under Customer’s account that are
active, i.e. service lines are open. New customers who receive these devices not directly from the Reseller
must reactivate the device according to the Reactivation process outlined above.
Customer Inquiries
a. For all issues related to the online store, billing, and shipping, Customer will contact Reseller’s
Chat or Email @
http://supportcenter.collegebuys.org or
http://www.thinkedu.com/support.
b. For all technical issues related to device and connectivity, Customer will contact the Mobile
Citizen hotline at 877-216-9603.
Communications: Reseller may, at its discretion, send periodic communications about Customer’s
subscriptions to Customer via e-mail, to the e-mail address provided by the Customer in the most recent
payment transaction. Customer is responsible for maintaining a current e-mail address and will not hold
liable Mobile Citizen, Reseller, and any affiliated parties for failing to receive these electronic
communications.
Use of Service
By accepting this TOS, you are granted a license to access and use the Service for your internal, personal,
non-commercial use in accordance with the Customer Agreement and applicable laws and regulations.
Customer is responsible for any usage of its account and agrees to notify Reseller immediately of any
unauthorized use of its account or suspected security breach. Customer is not granted any rights to any
firmware or software under this TOS. All rights not expressly granted in this TOS are reserved by Mobile
Citizen and or the Provider.
Service Limitations and Restrictions
a. Availability. The Service is not available in all locations, and you will only be able to access the
Service when within the operating range of the Provider’s network, which may change from time
to time in the sole discretion of the Provider. You understand that the Service may be disrupted
or unavailable from time to time due to maintenance, emergencies, inclement weather or other
factors outside of Reseller’s or Mobile Citizen’s control. The Service and Equipment may not
function in the event of a power failure or disruption, and you may be required to reset or
reconfigure your modem or other hardware in order to use the Service thereafter. Reseller and
Mobile Citizen have no liability with regard to any failure or lack of performance of the Service.
b. Provider AUP, T&C. Use of the Service is subject to the Provider’s then-current (i) acceptable use
policy (the “Provider AUP”), a copy of which is, as of the Effective Date, available at
https://www.sprint.com/legal/agreement.html?INTNAV=CMS:LGL:Acceptable_Use_Policy#acce
ptable and incorporated herein by reference; and (ii) end user terms and conditions (the
“Provider T&C”) a copy of which is, as of the Effective Date, available at
http://www.sprint.com/termsandconditions and incorporated herein by reference.
c. Usage Limits. The Service may be subject to usage limits established by the Provider, which are
not controlled by Reseller or Mobile Citizen and are subject to change. Reseller and Mobile Citizen
may not receive advance notice of any such changes from the provider and in such cases will not
be able to give you advance notice thereof.
Representations and Warranties
a. Customer represents and warrants that (i) it has the power and authority to agree to this TOS and form
a legally binding contract, (ii) all information provided to Reseller or Mobile Citizen will be accurate,
complete, and current; and (iii) its use of the Service will comply with applicable laws, rules and
regulations, the AUP, and the terms of this TOS at all times in the use of the Service.
b. To the extent Mobile Citizen has the power and authority to do so, Mobile Citizen will pass through the Reseller any manufacturer's warranty offered for the Equipment. Mobile Citizen does not guarantee the availability of any particular Equipment make or model, whether at the time of Order placement or in connection with replacing defective units, and Reseller understands and agrees that replacement Equipment will be based on then-current availability and may be of a different or lesser quality or functionality.
c. “Permitted Users” means (i) users, recipients or beneficiaries of the Reseller’s own non-profit, social
welfare or educational programs or services, (ii) employees or contractors of a third-party non-profit or
social welfare entity, or (iii) students, faculty or staff of a non-profit educational institution, in each of
the foregoing cases, (A) only while such persons meet the requirements of at least one of (i)-(iii), and (B)
regardless of whether the individual has reviewed or agreed to this Agreement. Once the status of a
Customer changes so that the individual is no longer a Permitted User, Customer will notify Reseller and
cease all access and use of the Service.
Disclaimer of Warranties; Waiver of Liability: EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER
RESELLER, MOBILE CITIZEN, THEIR RELATED PARTIES AND SUPPLIERS (COLLECTIVELY, THE “MOBILE CITIZEN PARTIES”) NOR PROVIDER MAKE NO WARRANTIES AND HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE AND THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE SERVICE AND EQUIPMENT IS AT YOUR OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE NO CONTRACT WITH MOBILE CITIZEN AND AGREE THAT YOU WILL NOT HOLD MOBILE CITIZEN PARTIES LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY ASPECT OF THE SERVICE, ANY FAILURE OF THE SERVICE OR ANY RESULTS OF USING THE SERVICE, OR SEEK DAMAGES OR
RELIEF AGAINST MOBILE CITIZEN UNDER ANY THEORY OF RECOVERY.
Content and Security: Any material downloaded or otherwise obtained through use of the Services is
accessed at your own discretion and risk. The Mobile Citizen Parties do not control and are not
responsible for any third party websites, content, services or products that Customer may access or
encounter during use of the Service, and the Mobile Citizen Parties and the Provider each reserve the
right to engage in reasonable network management to protect the overall integrity of the Provider’s
network, including detecting malicious traffic patterns and attempting to prevent the distribution of
viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth
available to excessive bandwidth users during periods of congestion. While the determination of what
constitutes excessive use depends on the specific state of the network at any given time, excessive use
will be determined primarily by resource consumption. The Provider’s network management practices
may entail the inspection and storage of network traffic, the provision of network traffic to third parties
and/or the use of network traffic for non-network management purposes. For further information,
please refer to the Provider AUP and Provider T&C, which form a part of the TOS. The Mobile Citizen
Parties and the Provider also have the right to take actions either of them deem reasonably necessary to
protect any individual or entity, comply with applicable laws, regulations, or government requests, or to
enforce the terms of this TOS. Customer acknowledges that the Internet and wireless communications
are not inherently secure means of data communication, the Mobile Citizen Parties shall have no liability
for breaches of security beyond their reasonable control, including, without limitation, Customer’s
negligence with respect to controlling access to the Service or Customer’s data. It is the sole
responsibility of Customer to obtain and implement appropriate security devices, software, and other
measures (including without limitation firewalls) to protect Customer’s systems and data from theft,
viruses, worms, Trojan horses, or other security threats, and the Mobile Citizen Parties have no
responsibility or liability with regard thereto.
Service Quality and Maintenance:
The speed and bandwidth available to Equipment accessing the
Service may vary for a variety of reasons. The Provider reserve the right to engage in reasonable
network management and/or eliminate malicious traffic patterns and prevent the distribution of viruses
or other malicious code as provided in the Provider T&Cs. In addition, the Provider will perform
maintenance on the Service, which may include planned or unplanned interruptions of the Service. You
acknowledge and agree that neither Mobile Citizen nor any of the Mobile Citizen Parties will be
responsible for any losses or damages suffered by you as a result of any Service interruptions. You
acknowledge that the Service is not available in all areas, and even within coverage areas service
availability, quality, signal strength and network speeds may vary, be lower than advertised or be
insufficient for use of the Service. No credit or adjustment will be made for interruptions or
degradations of the Service except as agreed by Mobile Citizen or as required by applicable law.
Support Services: Reseller is responsible for handling all billing, payment, collection, disputes and
administrative matters related to your Subscription. Except for any basic Tier 1 technical support that
Reseller or Mobile Citizen may elect to provide, technical support requests will be routed to and are the
responsibility of the Provider (collectively, the “Support Services”). Support Services are subject to your
use of the Service and Equipment in accordance with these Minimum Terms of Services as well as, in the
case of Equipment defects, the manufacturer’s applicable warranty policy. Mobile Citizen or the
Provider may need to access Equipment or related hardware or software in order to provide Support
Services. Defective Equipment should be returned to the Provider as instructed by Mobile Citizen or the
provider. NO MOBILE CITIZEN PARTY IS RESPONSIBKE FOR THE ACTS OR OMISSIONS OF ANY OTHER MOBILE CITIZEN PARTY OR THIRD PARTIES IN CONNECTION WITH SUPPORT SERVICES. The Provider will only provide Support Services for Equipment purchased through Mobile Citizen, through the Provider of an authorized Provider dealer.
Service Modification and Discontinuation:
Mobile Citizen and the Provider reserve the right at any time
to in any way modify, edit, suspend or discontinue the Service or the Support Services made available
hereunder with or without notice. In the event of Service discontinuation of Service changes causing a
material adverse effect on the quality or availability of Service, you may, as your sole and exclusive remedy
arising out of this Section, terminate your affected Subscription(s) and the sole and exclusive liability of
Reseller and the Mobile Citizen Parties shall be to a refund of Subscription fees previously paid in full, for
unused months remaining on the then-current Subscription term.
Changes to Terms: Mobile Citizen reserves the right to make modifications to these Minimum Terms of
Service as may reasonably be needed to comply with applicable laws or to account for changes in Mobile
Citizen’s business, course of dealing with the Provider, or other factors. The Provider also reserves the
right to change or update the Provider AUP and Provider T&C at any time. Mobile Citizen or the Provider
(as the case may be) will make reasonable attempt to provide Reseller with notice of such changes. All
such changes will be deemed effective and accepted by you upon your continued use of the Service
thereafter; provided, however, that if such modifications are not agreeable to you, you may elect instead
(as your sole and exclusive remedy) to terminate your affected Subscription(s) within 30 days of the
change and receive a refund of Subscription fees previously paid for full, unused months remaining on the
then-current Subscription term.
Third Party Beneficiary: You agree that Mobile Citizen shall be an express, intended third-party
beneficiary of this Agreement and can enforce the terms and conditions to the same extent as Reseller.
No Assignment: Customer’s rights under this TOS may not be transferred, leased, assigned, or
sublicensed, including without limitation to any successor in interest, without the prior written consent
of Reseller. Any purported attempt to transfer, lease, assign, or sublicense your rights without the consent
of Reseller will be void, and Reseller may immediately terminate this TOS without liability.
Notwithstanding the foregoing, all provisions of this TOS will be binding upon your successors and
permitted assigns.
