Terms of Service

Please read these Terms of Service (the “Agreement”) carefully which contain the legally binding terms and conditions (hereinafter the “Terms’) concerning the services (hereinafter the “Wireless Services”) and mutual rights and obligations of Premium Cellular LLC (hereinafter the “Company”, “We”, “Our” or “Us”) and You (hereinafter the “Subscriber”, “Your”, “He” or “She”). Company and Subscriber are sometimes individually referred to as a “Party” and collectively referred to as the “Parties”.

1 Agreement

The Company hereby agrees to provide Wireless Services to the Subscriber in consideration of the monthly payment offered on the Terms hereinafter provided.

The Subscriber agrees to pay the above prescribed amount in consideration of the Wireless Services on month-to-month terms. The Subscriber may terminate this Agreement at any time without penalty.

2 Scope of Services and Payments

Wireless Services includes 5g or LTE unlimited data, voice calls and text service directly on the carrier network of Your choice. 5G or LTE Unlimited data speeds may be slowed when certain data thresholds are reached, based on service plan offered by the carrier.

International calls and text message services not included in the monthly plan of Wireless Services shall be charged in arrears and shall be added to the next monthly payment of Subscriber.

All service charges payable to any third parties for any service including, without limitations, software applications shall be paid by the Subscriber.

The Wireless Services are offered on a monthly basis and will be automatically charged to the credit or debit card authorized by the Subscriber each month with a five (5) day grace period allowed.

The monthly payments must be paid within five (5) days of the due date. If Subscriber fails to pay within the grace period, Subscriber must pay a $15 late fee in addition to the monthly payment.

If the Subscriber fails to pay the monthly payment within five (5) days of the due date, the Wireless Services shall be suspended, to be restored only after the Subscriber’s monthly payment and late fee are paid in full.

Automatic monthly payments will continue as long as the Wireless Services are in effect. A monthly receipt will be sent to the Subscriber via registered email address.

3 Service Term, Renewal and Refunds

If the Subscriber chooses to obtain a new smartphone through the Company, a brand-new smartphone of their choice will be provide free of charge. The Subscriber is required complete three (3) new customer referrals who are active subscribers with the Company. The Subscriber may retain and use the smartphone free of charge only with the purchase of Wireless Services from the Company. If any customer referrals who are active subscribers falls below the minimum threshold of three (3), then replacement customer referral(s) who are active subscribers with the Company are required. Should the Subscriber fail to maintain three (3) customer referrals who are active subscribers with the Company, the Company reserves the right to cancel this Agreement and request the return of the smartphone.

The smartphone shall be provided only as a benefit for purchasing Wireless Services, and completing three (3) new customer referrals who are active subscribers with the Company. The Subscriber will not have any right over to lease, rental, ownership or equity of the smartphone.
The Subscriber may terminate this Agreement at any time by returning the smartphone. If the smartphone is damaged beyond the reasonable wear and tear caused by its normal use, the Company reserves the right in its sole discretion to determine the cost of the damage or replacement and request the Subscriber to cover repair costs.

Upon termination of Wireless Services (either by cancellation initiated by Subscriber or by non-payment), the Subscriber has thirty (30) days to return the smartphone to the Company. Failure to do so will result in the smartphone being reported stolen.

4 Early Termination Fees

By terminating Your current agreement with Your existing carrier, You may be liable to pay the entire balance of any device payment arrangements to Your carrier. The Company agrees to pay up $700 towards such device payment fee.

To avail this offer, You are required to send the copy of the bill showing the early termination fee to Us through mail, fax or email for verification. A check will be mailed to You within seventy-two (72) hours of receipt of the verified bill.

This payment will be treated as a consideration of the purchase of the phone in Your possession, which will henceforth be the property of the Company. A description relating to the brand and make of the phone shall be listed along with IMEI/MEID number. The Subscriber may continue using the phone until He/She cancels the Wireless Services or upgrades to a new phone in which case the phone must be mailed or returned to the Company. If the phone so mailed or returned to the Company is damaged beyond the normal use, the Subscriber is liable to pay for the costs urred on repairs.

5 Disclaimer

The Company expressly disclaims any liability arising from the misuse of the Wireless Services.

We expressly disclaim and make no warranty or representation, express or implied, to the maximum extent allowed by the relevant law for the time being in force, of any suitability, fitness or merchantability for a specific purpose concerning the Wireless Services.

We expressly disclaim any liability arising from the events beyond the reasonable control of the Company.

The Subscriber expressly warrants that He/She shall compensate and hold the Company harmless from any loss including, without limitation, the damages and costs arising from the breach of the Agreement or violating any third-party rights in connection with the use of the Wireless Services.

The maximum liability of the Company for any loss, damage or cost shall be limited to the payment the Subscriber has paid to the Company.

6 Arbitration Provision

We aim to make You a happy customer, but in case of any dispute, You and Company both agree to resolve disputes only by arbitration, or in Small Claims Court. The arbitration adopts different procedure, but follows the same judicious spirit while awarding the damages and relief, and honors the terms of the agreement as the courts do.

The Parties also both agree that the Federal Arbitration Act shall apply to this Agreement. Unless the case falls within the scope of Small Claims Court, any dispute arising out of the Agreement will be resolved by one or more neutral arbitrator or arbitrators appointed by the American Arbitration Association (the “AAA”) or Better Business Bureau (the “BBB”), and the AAA’s Wireless Industry Arbitration rules shall apply. Unless the Parties agree otherwise, the venue of the arbitration shall be the County of Your billing address. You shall have the option to pursue the matter based on documents submitted to the Arbitrator, or by a hearing in-person or via phone.

The Agreement does not allow class or collective arbitrations and the AAA or BBB procedures or rules shall not be applicable. Unless otherwise provided hereunder, the Arbitrator may award money or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and the Subscriber. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held hereunder.

If either of the Parties intends to seek arbitration hereunder, the other Party shall be served a thirty (30) day prior notice describing the nature of dispute and the claim and relief sought at the official address of such Party which will be presumed to be taken place upon actual delivery by the Party or after five (5) working days the notice dispatched by ordinary course of postage.

We also offer the Subscriber an option of participating in a free and voluntary internal mediation program. In this program we will assign an employee not directly involved in the dispute to help both sides reach an agreement. Such person shall have all the rights and privileges of a mediator and the process has all the protections associated with mediation (i.e. nothing said in the mediation can be used later in the arbitration or lawsuit). You may check more details concerning our mediation program on our official website. To initiate mediation, You, the claimant, will need to visit www.MobileAdvantageClub.com or call Customer Service to file a notice of dispute form. Subscriber must mail, fax or email the notice of dispute form to the Company as per the instructions contained on the form.

The arbitration award and any judgment apply only to that specific case, and cannot be used in any other case except to enforce the award itself.

If for some reason the prohibition on Class Arbitration set for in section cannot be enforced, then the Agreement to Arbitrate will not apply.

If for any reason a claim proceeds in court, You and the Company agree that there will not be a jury trial. You and the Company unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to no jury trial by the court.

7 Official Address of Premium Cellular LLC

All notices, communications and returns under the Agreement shall be made to: Wireless Resolution Manager, Premium Cellular LLC 3880 S. Bascom Ave Suite 108-B San Jose, CA 92125.