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Terms and Conditions

­­Commencement and Use of the Services

This Agreement shall be in effect upon acceptance and ordering of a device or service with us. The terms of the Agreement are made up of the Device, Plans and Terms as set out on our website and taken together with these Terms and Conditions.

To sign up for a Sparrow account you must be 18 years or over. If you are under the age of 18 your account must be controlled and set up by a parent or person over the age of 18.

Each payment made by you to Sparrow is confirmation by you of your agreement to the Terms of the Agreement in force at that moment. The terms and conditions of service, pricing and usage policies may change from time to time unless prohibited by law. Please check our website for the latest version of our terms, and conditions of service and pricing plans.

Your Obligation

The Services are made available provided that you comply with the following conditions. Any failure to comply with these conditions is a material breach of the Agreement.

You agree and undertake to use the Services in accordance with the Agreement and any other reasonable instruction from us; to ensure that there is no unauthorized access to, or use of, the Services; not to use the Services fraudulently, in connection with a criminal offence or in contravention of any applicable laws; not to use the Service to send, post, store, knowingly receive, upload, download, use or re-use any material or information which (whether lawful or not) is offensive, abusive, threatening, indecent, obscene, defamatory, malicious, racially motivated or menacing, or to harass, inconvenience or cause distress to any person; not to use the Services in a manner which is, or is likely to be, a violation or infringement of the rights of any third party, including rights in intellectual property, confidentiality and privacy; not to resell, supply or otherwise commercially make available the Services to others; not without our express prior written consent to operate, whether directly or through a third party, any device to route or re-route voice, data or other services on, from or to our Network or to sell or attempt to sell or otherwise provide commercial services using our Network to any third party; to pay the Charges, whether the Services have been accessed by you or a third party, and whether or not any such third party was authorized by you, unless you notify us in writing, at the first reasonable opportunity, of the fraudulent misuse giving rise to the Charges in question; not to use the Services in any way which, in our reasonable opinion, is, or is likely to be, detrimental to the provision of the Services to you or any of our other customers; not to post or transmit any information or software which contains a worm, virus or other harmful feature, and not to generate levels of traffic which impede the ability of others to send or retrieve information, or which is contrary to any reasonable instructions given to you by us; not to breach, or attempt to breach, the security of any other network user and not to use or distribute tools designed or used for compromising the security of any network or any user of such network; not to misuse the Services (which includes abusive calls to members of our staff) not to furnish false credit information; failure to comply will result in immediate termination of your service and could be subject to any relating termination charges.

Provision of Services

Sparrow will provide mobile telecommunications services using the Nationwide Sprint Network for use exclusively with mobile devices purchased from us or approved and provisioned via the Bring Your Own Device feature on our website. Our service is only available within the range of base stations that make up our Network and form part of the Nationwide Sprint Network as shown on the coverage map. The quality and availability of Services may sometimes be affected by factors outside our control, for example, features or functionality of your Phone, local physical obstructions, atmospheric conditions, alien space invasions, other causes of radio interference, the number of people trying to use our Network at the same time, and faults in other networks to which our Network is connected; the quality of our Services may not be at their best inside buildings or below ground; any coverage maps are our best estimate but are not a guarantee of Services coverage.

We will provide the Services with the reasonable skill and care of a competent telecommunications provider, relying on the services of the underlying network provider. Since Services are provided using various network operators we cannot be responsible for faults or interruptions in your Services arising on those networks, including networks operated by foreign network operators, for example, if you are making International Calls or using our International Roaming Service.

Charges and Payments

Charges that you could incur are set out on our website and are subject to change from time to time. We will write to you (by email) 14 days before we change our Charges, except in the case of any increases to Charges relating to optional services of International Calls or International Roaming that rely on services provided by other network operators. The current Charges for International Calls and International Roaming are set out on our website, as may be varied from time to time. Prices do not include taxes or regulatory fees. We charge state and local sales taxes on all purchases made through this websites and these are subject to change from time to time without notice.

When you subscribe for the Services, we will set up your Account with the amount of minutes, text and data that corresponds to your chosen Plan. In addition to your Plan, surcharges and any additional charges will be included on your monthly invoice. The Service will automatically rollover each month and a bill will be issued to you and charged to your credit card. If we are unable to charge your credit card after 3 attempts, you will be given 3 days in which to enter new credit card details into your account, if you fail to do so within the 3 days, your Service will be suspended until the account is paid in full. It is the responsibility of each customer to ensure that a valid credit card is registered on your Account ensuring credit is available to maintain your monthly Plan and any additional charges.

Call minutes will be counted in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute.

Text messages will be deducted from your account for each message that is sent and received, regardless of successful delivery.

Sparrow will send you a text message once you have used 85% of your allocated minutes, text or data, to limit any overage costs and make you aware that your allocation is nearly used.

If you go over your allocated amount of minutes, text and data for your Plan, Sparrow will bill you for each minute, text and MB of data used at our standard overage rate.

You can check the balance on your Account or print invoices at our website by going to the page “My Account” and entering your login details.

Your invoice and payment date will be the last day of the month.

Activation of service will only occur if you have sufficient funds to fulfill the initiation of your monthly payment for your Plan and have settled any overage fees applied to your account.

We will suspend the services if we are unable to collect payment within 3 days of your billing date, and your Service will remain suspended until the account is paid in full. We will resume the Services when you pay all outstanding Charges and have a positive balance.

Failure to bring your account up to date within 21 days will result in termination of Service to you, your account being closed without further notice and start collection procedures. You will liable for any overage charges applied to your Account during suspension and/or Termination. We reserve the right to charge you for any reasonable administration costs incurred by us in the case of late payment or non-payment of Charges by you, including costs arising out of any debt collection proceedings. In the event that your Account is terminated a $5 reconnection fee will be charged and we may not be able to offer you your existing number.

Any disputed charges should be notified to us within 7 days of receiving your invoice. Failure to notify us within this time period will result in you waiving any right to dispute the charge. Any disputed charges will be looked into and resolved promptly and if it is deemed that the disputed charge was inappropriate Sparrow will refund the charge as full and final settlement. You can notify us of any billing queries by emailing us at wecare@sparrowmobile.com

International calls are billed separately as per our International Rate card pricing on our website. These rates are subject to change at any time without notice and subject to additional surcharges. International texts sent or received while outside the United States are billed at subject to our Roaming International Rate card and additional surcharges.

Data used outside the USA is billed at our International data rates and subject to additional surcharge.

For Directory Assistance and other special services our rates are outlined on our website.

Domestic Roaming

When you purchase a Sparrow device, we check the coverage against the address you provide to ensure you will have a good signal in and around your home location. If you find that you are constantly roaming onto other networks in your home location due to poor signal you should contact our customer services on 611 from your Sparrow phone or Contact Support on the number listed on our website. You may find that your device will switch to a domestic roaming partner in certain areas while travelling; this is normal behavior for all networks as no single network covers 100% of the USA. Our prices for domestic roaming are available on our website – domestic roaming rates.

Mobile Internet, Content Downloads and Applications

All our plans offer mobile data and allow you to connect to the mobile internet where you are able to browse web pages and download mobile content. Sparrow cannot be held liable for any content on third party websites. Sparrow from time to time may provide mobile content for download through its own mobile website. This content may consist of news, ringtones, full music tracks, video and games and will be provided by third party content providers who will have obtained the necessary contractual licensing agreements required to sell or promote such content. Sparrow will not be held liable for any content sold or promoted on its service, obtained by these third party content providers.

Sparrow intends to sell a range of devices that will allow its customers to download mobile applications from App stores. Not all applications will be compatible with your device and it is the responsibility of the customer to adhere to any further terms and conditions outlined by each individual application provider, which may also require the disclosure of personal information. For the avoidance of doubt, Sparrow will not be held liable for any third party mobile applications.

We also recommend that you back up any photographs or downloaded content using other means as some content may expire or can be deleted or lost. Sparrow will not be held liable for the loss of any mobile content.

Devices

Sparrow will provide any warranties provided by device manufacturers and help guides for each device will be featured on our website. We make no warranties or representations regarding any devices and accept no liability.

If for whatever reason you decide you want to return your handset to us, or if you’ve changed your mind and want a different device you can return the device to us within 7 days. A restocking fee of $20 will be charged to your account and Sparrow will only accept devices that are returned in the condition they were originally shipped. Under no circumstances will any devices be accepted as returns if the device has been broken or damaged. To initiate a return device please contact customer services by dialling 611 from your Sparrow cellphone or the toll free number listed on our website.

Termination

You may ask us to cancel the Agreement at any time from your Account on our website. To do this you need to be logged onto your account with your password. We cannot refund any money that you have paid for your monthly Plan and you agree to pay us promptly on termination of the Agreement any monies and/or charges outstanding at the date of termination. Failure to pay any monies owed will be subject to proceedings against you to recover the debt. Any charges made to us for the recovery of such debt will be charged directly to you.

We may terminate the Agreement immediately should you not adhere the obligations to us as set out above.

Use of Customer Information

Sparrow does not share personal information or email addresses with third parties other than the sole purpose of providing your Service or to meet legal obligations. In addition to service notifications, we will use your email and send SMS texts from time to time to provide program information, donation status and other news from BetterWorld. You can opt-out of non-service emails or non-service SMS texts at anytime by emailing or calling Customer Care. We may also phone you on occasion to check on your service or notify you of new features.

By entering into this Agreement you agree to allow us and our third party suppliers, associated companies, contractors and agents to process your personal data for the sole use of the delivering the Service. If, however, we receive a lawful subpoena relating to your billing records or any customer information, we are legally obliged to comply with the subpoena. In addition, if we receive a court order relating to electronic surveillance of a customer, we are obliged, by Law, to comply.

Number Porting

You will be able to bring your mobile phone number with you when signing up to the Sparrow service. Sparrow will not be responsible for any charges made by your previous network operator relating to moving your number over. Sparrow will charge a small porting fee which is outlined in our standard rate card.

Exporting Numbers and Devices

Your Sparrow device may work with other service providers. If for whatever reason you decide to leave Sparrow you may be able to port your number and/or device to another network provider, this will be subject to your new network operator terms and conditions and Sparrow will not be held liable in the event your number or device becomes non-transferable.

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our Devices, software, and any underlying information accessed or transferred by you using our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any our Devices or software to any foreign country. Any information transferred by you using our services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent will make this Agreement void. We may assign all or part of the Terms of Service or your debts to us without notice.

Location-based Services

Your mobile device, once turned on, will automatically communicate with our network and provide us with information based on the location of your device. Circumstances beyond our control, including geographic, atmospheric, network roaming or other circumstances, could affect the accuracy of location-based services. We cannot guarantee that location-based services will be available at any specific time or geographic location. Location-based services will not operate if your device is switched off.

By using location-based services supplied by our network, you agree to allow us to monitor and track the location of your device. We may be required by law to disclose information about the location of your device and we are required to comply with this.

By using our mobile website you agree to allow us to provide third parties with information on the location of your device for the ability to deliver location-based advertising, location-based content and promotional information related to your geographical location.

Limitation of Liabilities

Except as otherwise provided in this Agreement, both parties agree to limit claims for damages against each other. Sparrow will not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages, including loss of profits, related to or arising out of the provision of our Services.

We will not be held liable for any use of content, deletion of content, content from third-party services, deletion of contacts from your device, undelivered or lost text messages and any lost voicemail messages.

Furthermore we make no warranties or representations regarding any devices and accept no liability.

Use of Customer Information

By entering into this Agreement you agree to allow us and our third party suppliers, associated companies, contractors and agents to process your personal data only for the purposes of the Services within this Agreement.

Third-party Services

From time to time, Sparrow will promote third-party services. Under no circumstances will Sparrow be made liable for the services provided by these third parties and any disputes relating to services supplied or additional charges should be done direct with the third party.

Trademarks and Logos

Sprint and the Sprint service marks, logos, trademarks, and trade names used in connection with the service are all Trademarks of Sprint Nextel.

Sparrow and the Sparrow branding and logos are registered Trademarks of Sparrow Inc.

Android Market, Google Maps, Gmail and YouTube are Trademarks of Google Inc.

Unsolicited Messages

Be mindful when sharing your mobile number or other personal information with other parties. While we will not share your personal details with any companies not associated with the delivery of our service to you, we do not guarantee that you will not receive spam or other unsolicited messages and you agree that we are not liable for such messages. If you are subject to threatening, menacing, derogatory or any other kind of harmful messages you should contact our Customer Services and we may, if required, change your mobile phone number.

Lost or Stolen

If you lose your device or if it has been stolen, we empathize. Contact our customer services immediately so that we can block your service to avoid unauthorized use. You may notify us by calling customer care at the number on our website; we will temporarily block your service for up to 5 days and re-activate your Service if you find your device. Any products, bundles or services that have been pre-paid will not be affected by this process and will expire according to your normal billing process. In the unfortunate event that your device was stolen and cannot be recovered, we can help you select a new device which will be payable by you in full and can be setup with your existing phone number and services. In order to avoid any reconnection charges, you must select and activate your new device within 10 days from the date you first notified us of the theft of your existing device. You accept liability for any and all usage charges made until the time we block your service and these must be paid in full before your service is resumed or a new device activated on your account.

Fraud

Please keep your device secure. You accept liability for any fraudulent use of your service(s) resulting from inappropriate or inadequate security, by you, of your personal usernames, passwords, Personal Identification Numbers (PIN) codes and any other system or device access codes used in the provision of our services to you. Make certain that any PIN’s set by you will not use easily repeatable sequences (0000,1111,1234 etc…) or any numbers that relate to your mobile phone number (first four digits, last four digits etc…), account number or any other numbers relating to your service provided by us. We will monitor your service for any suspicious behavior, high usage or unexpected usage patterns and reserve the right to suspend or cancel your service in the event that usage behavior of this kind is observed. All payments are processed via our third-party payment gateway that also checks credit cards for validity and theft alerts. If you pay or attempt to pay with a Credit Card that is flagged as being fraudulent or invalid we may terminate your subscription and cancel any services that we provide to you or intend to provide to you with immediate effect. If you notice any suspicious activity on your account, contact our Customer Care.

Mobile Phone (Porting and Reuse)

You can keep your existing mobile phone number when you sign up for our service(s) however, we do not accept any liability for your existing providers services or charges. If you decide to terminate your service with us and move to another provider, you can take your mobile phone number with you as long as all outstanding charges have been settled in full. If you have an existing device from another provider you, maybe able to use it on our service(s), and if not, we have a wide range of devices from basic phones to the latest in smart phones which you can choose from; visit our website at sparrow.upsourcemobileservices.com to see our latest selection.

TechSoup Global Donated Devices & One Year Contract
For TechSoup Global qualified nonprofits and nonprofit community members eligible for a donated device and discounted service, enrolling in our TechSoup Global nonprofit program signifies your agreement to one year, or twelve (12) active months, of mobile service on the plan offered as part of the device donation. Cancelling your contract prior to 12 active months of service will result in a fee to cover the cost of the device, based on the device provider’s Suggested Retail Price (SRP), plus a $50 early deactivation fee.

Thank You

We appreciate your business and decision to make a difference by joining our mobile impact movement. Thank you for choosing Sparrow.

[   ] I hereby accept the Sparrow Terms & Conditions.