Q LINK Wireless™ Lifeline Terms and Conditions of Service
Please read these Q LINK Wireless LLC (“Q LINK Wireless”) Lifeline Terms and Conditions of Service carefully. These Q LINK Wireless Lifeline Terms and Conditions of Service are a legally binding agreement between you and Q LINK Wireless. They contain important information about your legal rights and require that certain disputes be resolved through arbitration instead of a court trial. Q LINK Wireless reserves the right to change or modify any of these Q LINK Wireless Lifeline Terms and Conditions of Service at any time and at its sole discretion. Q LINK Wireless may modify or cancel any Q LINK Wireless Lifeline Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these Terms. Any changes or modifications to these Q LINK Wireless Lifeline Terms and Conditions of Service will be binding upon you once posted on the Q LINK Wireless website. You should check the Q LINK Wireless website regularly for updates to these terms. If You disagree with any item contained herein, please immediately discontinue use of the Services and contact Q LINK Wireless Customer Support at 1-855-754-6543 to terminate Service.
By enrolling in the Q LINK Wireless Lifeline Program (the “Q LINK Wireless Lifeline Program” or “Q LINK Lifeline Program”) and by using the Q LINK Wireless Lifeline service (the “Q LINK Wireless Lifeline Service” or “Q LINK Lifeline Service”), you (“You”), the participant, acknowledge and agree to the following terms and conditions:
1. Q LINK WIRELESS LIFELINE PROGRAM AND EMERGENCY BROADBAND BENEFIT PROGRAM DESCRIPTION
Lifeline Service is funded by the Universal Service Fund (“USF”) program and administered by the Universal Service Administrative Company (“USAC”). In order to qualify for enrollment in the Q LINK Wireless Lifeline Program, a person must meet certain eligibility requirements set by each state where the Q LINK Lifeline Program is offered. These requirements are based on a person’s participation in a state or federal assistance program(s) or by meeting certain income requirements based upon the Federal Poverty Guidelines as defined by the U.S. Government. For full details on Lifeline Eligibility visit https://qlinkwireless.com/members/lifeline-eligibility.aspx.
Federal law limits the availability of the Q LINK Lifeline Program. The Q LINK Lifeline Program allows one (1) enrollment per “household,” meaning each household is permitted one wireless or wire line account. Separate households that live at the same address are eligible, including residents of homeless shelters and nursing homes, for example. Residents with temporary addresses are also eligible.
Applicants for the Q LINK Lifeline Program must complete an application form, provide supporting documentation stating that they meet the eligibility requirements, and certify, under penalty of perjury, that they:
- Are eligible for and currently receive benefits from the federal assistance program(s) identified in the application form or qualify based on income.
- Do not currently receive Lifeline service from another provider and their household is not currently receiving a Lifeline benefit.
- Agree to cancel their current household Lifeline Program with any other provider in order to enroll in the Q LINK Lifeline Program, if already participating in a Lifeline program.
- Will notify Q LINK Wireless by calling 1-855-754-6543 if and when they no longer qualify for any of the federal assistance programs identified in their application form.
- Will notify Q LINK Wireless of any change of address by calling 1-855-754-6543 within thirty (30) days of moving.
- Reviewed the information contained in their application and certify that it is true and correct to the best of their knowledge and beliefs.
- Certify eligibility to receive Lifeline benefits and will notify Q LINK Wireless if and when no longer qualified.
- Authorize Q LINK Wireless or its duly appointed representative to apply for Lifeline services on the applicant’s behalf and provide any and all information related to the application—including but not limited to all personal information utilized during the application process including name and address—to federal and state government agencies, social service agencies, USAC and/or its agents, or any other agency requiring this information for processing of the applicant’s Lifeline Assistance application.
Applicants who do not meet the eligibility requirements will receive written notification via U.S. Mail of the reason for their non-eligibility. Upon enrollment in the Q LINK Lifeline Program, you will be qualified to participate for up to one (1) year unless you no longer qualify as an eligible subscriber or you do not use the service for 30 days or more. To continue your enrollment in the Q LINK Lifeline Program after the initial year, you must verify annually that you are qualified for continued enrollment in the Q LINK Lifeline Program as required by the Federal Communications Commission, your state Public Service Commission, Public Utility Commission, or other agency administering the Q LINK Lifeline Program in your state. Q LINK Wireless will also conduct verification checks according to each state’s rules. If Q LINK Wireless determines during its verification check, or at any other time, that a customer fails to continue to qualify for the Q LINK Lifeline Program, such customer will immediately be deemed ineligible to participate in the Q LINK Lifeline Program, will be de-enrolled from the Q LINK Lifeline Program, and will no longer receive support through the Lifeline Program. Q LINK Wireless Customers who are no longer eligible (for any reason) for enrollment in the Q LINK Lifeline Program must immediately notify Q LINK Wireless that they no longer meet the eligibility requirements for enrollment. A Q LINK Wireless customer’s enrollment may also be cancelled upon the request of a state and/or federal authority.
Q LINK Wireless reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s Q LINK Wireless phone for fraud, misrepresentation, or other misconduct as determined solely by Q LINK Wireless. While participating in the Q LINK Lifeline Program, a customer shall not sell, rent, give away, or in any way allow another person to use the Mobile Device or Q LINK Lifeline Service provided to him/her by Q LINK Wireless. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE Q LINK Wireless PHONE OR Q LINK SERVICE PROVIDED TO YOU BY Q LINK Wireless to someone outside your Household. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if Q LINK Wireless determines, at its sole discretion, that a Q LINK Wireless customer has violated these prohibitions, Q LINK Wireless will then permanently de-enroll the customer from the Q LINK Lifeline Program, their phone will be permanently deactivated, and the customer’s personal information will be permanently flagged so that the customer may not re-enroll in the Q LINK Lifeline Program in the future. If you have any questions, concerns, comments, or complaints regarding the Q LINK Lifeline Program or Lifeline Service, offerings, or products, please call Q LINK Wireless Customer Support at 1-855-754-6543. You may also contact your state’s Public Service Commission/Public Utility Commission.
COMING SOON/Subject to FCC Approval Q LINK Wireless™ –Emergency Broadband Benefit Offers
1. EMERGENCY BROADBAND BENEFIT
The Emergency Broadband Benefit or EBB Program is a limited-time program that provides discounts on monthly broadband Internet access service and certain connected devices. EBB Program discounts are funded by the US Government’s Coronavirus relief effort and administered by the Federal Communications Commission (FCC). This program is separate from the US Government’s Lifeline program, but your benefits can be combined so you can receive Q Link’s UNLIMITED Data, talk & text for FREE every month while the program remains open. Our standard terms and conditions apply.
The Emergency Broadband Benefit monthly service and device discounts are non-transferrable. An eligible household is limited to one monthly service discount and one device discount. EBB Program benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time.
Subject to FCC approval, Q Link will combine your Lifeline and EBB discounts to make Q Link’s UNLIMITED Data, Talk and Text Plan for FREE. This promotional limited-time EBB service offer includes Q Link’s $60 UNLIMITED High Speed Data Bundle which is FREE after application of Lifeline and EBB discounts and company contribution, if applicable. UNLIMITED tethering to your Q Link SIM-enabled device is included. 4G LTE/5G available.
Subject to FCC approval, Q Link will make available tablets with webcam, microphone and Wi-Fi capability to EBB-enrolled subscribers for a $10 co-pay after applying a $100 device credit. When Q Link mails your bill and device, you will have the opportunity to earn a $10 credit to apply to that invoice. This is a limited-time promotional offer subject to product availability.
To receive this FREE tablet, new and existing customers must activate their Q Link service. This can be the smartphone of their choice with an active Q Link SIM card. Tablet shipments will begin upon FCC approval and EBB Program start date. Qualifying customers will be notified of device shipment.
The EBB program will end after the Public Health Emergency no longer exists, or as deemed by the FCC. Once the program is over, your plan will revert to the standard Lifeline offer. You may also choose to keep this UNLIMITED plan but will be subject to the standard rates. We will notify you when there is a change to the program. Our standard terms and conditions will apply.
The EBB shares the same qualifying eligibility programs as Lifeline – participation in SNAP, Medicaid, SSI, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit Fund, and income at or below 135% of the federal poverty level. For a limited-time determined by the FCC, unemployment may qualify you for Lifeline and the EBB. Additional eligibility programs are unique to EBB and do not qualify for Lifeline. These include Pell Grants, Free and Reduced Price School Lunch and Breakfast, as well as reduced wages in certain instances. Program eligibility will be determined for the FCC by Universal Service Administrative Company’s National Verifier and National Lifeline Accountability Database, or an alternative verification process approved by the FCC.
2. ACTIVATION AND USE OF YOUR Q LINK WIRELESS PHONE
Upon enrollment in the Q LINK Lifeline Program, you will receive a Q LINK Wireless phone delivered to your home address, as noted in the application. You must accept the Q LINK Wireless telephone number assigned to your Q LINK Wireless phone at the time of enrollment. Q LINK may reassign Your Mobile Device telephone number to another subscriber, without giving notice, if You cancel the Service, or if Your account expires, is deactivated or is otherwise terminated. You may transfer a Mobile Device telephone number prior to the telephone number being reissued to another Subscriber; if You wish to do so, please contact Q LINK Wireless Customer Support at 1-855-754-6543. Upon activation by you, after delivery, you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Q LINK Wireless Lifeline Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”). To switch an existing phone number to Q LINK Wireless, please contact Q LINK Wireless Customer Support at 1-855-754-6543 and have a bill available from the former provider. When You transfer service from another wireless provider to Q LINK Wireless, the former provider may charge You termination or other fees. Q LINK will not reimburse You for any termination or other fees imposed by other providers for transferring a wireless number.
Your Q LINK Wireless Mobile Device can only be used through Q LINK Wireless and cannot be activated by any other wireless or cellular service provider. Q LINK Wireless Lifeline Services are provided at Q LINK Wireless’ discretion. Some functions and features referenced in the Manufacturer’s manual provided with your Q LINK Wireless phone may not be available on your Q LINK Wireless phone. Q LINK Wireless may modify or cancel any Q LINK Lifeline Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service.
Bring Your Own Phone Program
Q LINK Wireless affords customers the option to use their own mobile phone or device, as long as it is compatible with Q LINK Wireless’ services and network, under its Bring Your Own Phone Program.
If you are activating your own phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, is compatible with the Q Link Wireless Prepaid or Lifeline Service, does not interfere with the Q Link Wireless Service, and complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Q Link Wireless Service will function on -Q LINK-provided mobile devices including those activated under the Bring Your Own Phone program. Additionally, some functions and features available on other carrier networks or referenced in the manufacturer's manual provided with your phone may not be available when using the Q Link Wireless Service.
3. VOICE MINUTE RATES, DATA, AND USAGE
While you are enrolled in the Q LINK Lifeline Program, you will receive a discounted or free monthly allotment of minutes and/or broadband services as provided by the Q LINK Lifeline Program approved in your state and the rate plan that you select. Q LINK Wireless voice minutes are issued in minute (or unit) increments. Units are deducted from the Q LINK Wireless phone at a rate of one (1) unit per minute or partial minute of use.
On select rate plans, you may carry over unused minutes. On these plans, you may carry over minutes for up to 90 consecutive days if you purchase and add minutes from Q LINK Wireless. By purchasing and adding minutes from Q LINK Wireless, your unused minutes (including your free monthly allotment and any additional purchased minutes) will carry over for 90 consecutive days from the date of your last purchase of minutes from Q LINK Wireless. Adding more than one purchase of minutes on the same day will NOT extend your minute carry over for more than the 90 consecutive days. The 90 consecutive day carry over is effective from the date of redemption of the last purchase of additional minutes to your phone.
New Q LINK Wireless customers must choose a plan upon enrollment. Existing Q LINK Wireless customers who wish to switch plans may do so online at http://www.qlinkwireless.com/ or by calling 1-855-754-6543. If you switch plans before the 25th day of any given month, the change will be effective the following month. If you switch plans on or after the 25th day of the month, the change will be effective in the second month following your request to switch plans. You may use your discounted or free monthly allotment of voice minutes and/or broadband services to place or receive calls, to send or read text messages or multi-media messages, and to access the Internet (with certain models of phones). In order to receive your monthly allotment of discounted or free monthly allotment of voice minutes and/or broadband services, you will need to leave your Q LINK Wireless phone powered “ON” during the first ten days of each month. If you DO NOT receive your monthly allotment of discounted or free monthly allotment of voice minutes and/or broadband services because your phone was not “ON” during the first ten days of the month or your phone does not automatically retrieve minutes when powered “ON”, please call us.
Minutes will be deducted for use during the time during which your Q LINK Wireless phone is connected to or using the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call”, or other key to initiate or answer a call and does not end until you press the “end” key or the call is otherwise terminated. Voice minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, and calls to toll-free numbers. For simultaneous calls, such as incoming call waiting and 3-way calling (where available), voice minutes will be deducted for each call. Voice minutes are not deducted for calls to 911, *611, or Q LINK Wireless Customer Support, and all phones will be able to call 911, even if they have no minutes remaining. For outbound calls, you may be charged minutes for incomplete and/or busy/no answer calls. Voice minutes may be deducted for use of other services, such as text messaging, depending on your chosen rate plan. No credit or refund is given for dropped calls.
The Lifeline program provides for a federal $9.25 per month discount, and may also include additional discounts from your state if available through Q LINK Wireless. This support is applied to the retail cost of the Plan.
Q LINK Wireless offers the following Plans to its customers in certain states, which are subject to change at any time. The rate Plans available to you in your state may be different. Please check the state-specific terms and conditions below or the Q LINK Wireless website at https://qlinkwireless.com/ to view the rate Plans available in your state.
- PLAN 1: 1,000 Voice Minutes, Unlimited Text, and 4.5 Gigs Data (Q LINK ALWAYS ON). Eligible customers will enjoy 1,000 anytime voice minutes per month, unlimited text and picture messaging, and 4.5 Gigs Data per month. Voice minutes and Data does not roll over month to month. The retail rate of this Plan is $15.00 per month; however, the net cost of this Plan is $0.00 per month for eligible Lifeline customers after application of the federal Lifeline subsidy.
To learn more about the Q LINK Wireless’s rate Plans or Additional Airtime offerings by Q LINK Wireless, please visit www.QLinkWireless.com/lifeline/lifeline-plans.
Q LINK Wireless reserves the right to make modifications to these Plans. In the event of any material changes, Q LINK Wireless will provide at least notice of any proposed changes to the rates and Plans.
Unlimited Use Plans.
If you subscribe to rate plans, services, or features that are described as unlimited, you should be aware that such “unlimited” plans are subject to these Q LINK Wireless Prohibited Network and Voice Uses.
4. TEXT MESSAGING
Q LINK provides you with unlimited text messaging as part of your rate Plan. Sending and receiving text messages, picture messages, or video messages will not affect Your total available minutes for voice calls. Q LINK Wireless does not allow international text messages. By using our services, you agree that we will be sending you messages to keep you informed and provide improved services and support. You can opt-out from receiving messages at any time by calling our Customer Support or replying "Stop" to any message you receive from us. Attempting to send international messages could result in service deactivation and de-enrollment from the Q LINK Lifeline Program. Please note: Q LINK Wireless does not generally participate in Premium SMS services or campaigns. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns unless it is a Q LINK Wireless authorized campaign. Any text message you send to a “short code” will in all likelihood not reach the recipient. Any charges you may incur because of any attempts to participate in Premium SMS services or campaigns not authorized by Q LINK Wireless are not refundable and may be assessed against You by Q LINK Wireless.
5. INTERNATIONAL CALLING
Depending on your chosen rate Plan, international calling may be available to you. International calls deduct minutes at the same rate as local and national calling. You may call cellular phones in the countries with the word “cellular” listed next to the name of the country. Click here for available countries and details. The countries where international calling is available are subject to change at any time without prior notice. In order to place an international call, you will need to dial the International Long Distance (“ILD”) access number and follow the instructions. Voice minutes deductions for international calls begin the moment the ILD access number is dialed and apply to dropped calls, misdialed numbers, and busy destination numbers. When placing international calls, you may experience connection failures more frequently than during calls made within the United States. Q LINK Wireless will not credit minutes deducted for unsuccessful calls. You will not be able to make or receive calls on your Q LINK Wireless phone when you are located outside of the United States, Puerto Rico, the U.S. Virgin Islands, or Guam (the “Coverage Area”). Any attempt to make or receive calls when you are located outside of the Coverage Area could result in service deactivation and de-enrollment from the Q LINK Lifeline Program.
6. PURCHASING ADDITIONAL VOICE MINUTES AND DATA
Your Q LINK Wireless phone will only operate when you have minutes available on the Q LINK Wireless phone Device except for emergency services (911) and Customer Support (611), which will be available even if You run out of minutes. If you run out of your monthly allotment of airtime, you may purchase additional minutes and/or Data for your phone by clicking here. You may also call Customer Support to add minutes at 1-855-754-6543. Each purchase includes a set number of voice minutes and/or data for a certain amount of service days that begin to run from the date you add purchased voice minutes or data to your Q LINK Wireless phone. Q LINK Wireless reserves the right to add, modify, adjust, and/or eliminate extra bonus voice minutes and/or Data at any time at its discretion. Q LINK Wireless customers may purchase voice minutes and Data at very competitive rates. Q LINK Wireless reserves the right to adjust its minute rates at any time at its sole discretion. You may also call Customer Support to add minutes at 1-855-754-6543. Each purchase includes a set number of voice minutes and/or data for a certain amount of service days that begin to run from the date you add purchased voice minutes or data to your Q LINK Wireless phone. Q LINK Wireless reserves the right to add, modify, adjust, and/or eliminate extra bonus voice minutes and/or Data at any time at its discretion. Q LINK Wireless customers may purchase voice minutes and Data at very competitive rates. Q LINK Wireless reserves the right to adjust its minute rates at any time at its sole discretion.
Q LINK Wireless offers to its customers in certain states the following additional voice minute and Data purchases, which are subject to change at any time. The rate for additional purchases available to you in your state may be different. Please check the Q LINK Wireless website at https://qlinkwireless.com/ to view the rate for additional purchases available in your state.
Additional Minutes for Talk
|Amount of data, minutes or text ||Service Days ||Cost |
|Amount of data, minutes or text ||Service Days ||Cost |
Data Bundles with Unlimited Talk and Text
|Amount of data, minutes or text ||Service Days ||Cost |
7. SERVICE END DATE, DEACTIVATION, REACTIVATION, AND TERMINATION OF UNUSED SERVICE
As a Q LINK Wireless customer, you are eligible to receive Q LINK Wireless Lifeline Service for up to one (1) year upon your enrollment and activation in the Q LINK Lifeline Program, and you are eligible to receive up to another year following each successful Annual Recertification for your continued program eligibility in the Q LINK Lifeline Program based on your continued eligibility to participate in the program and your continued usage of the Q LINK Wireless Lifeline Service. The Certifications and Perjury Statements required to continue participation in the Q LINK Wireless Lifeline Service may be found at www.qlinkwireless.com/terms/certifications. If you have no usage in a period of 30 days, “Non Usage,” you will receive notice with a fifteen (15) day grace period to correct the non-usage. If you do not respond to the notice, you will be de-enrolled, and deactivation of Lifeline Service will occur, regardless of the service end date. If it is found that you no longer meet the requirements or eligibility guidelines to receive Q LINK Wireless Lifeline Service you will be de-enrolled, and deactivation of Q LINK Wireless Lifeline Service will occur. Q LINK Wireless will not seek reimbursement for your participation in the Q LINK Wireless Lifeline Service after 45 days of non-usage. Upon de-enrollment from the Q LINK Wireless Lifeline Program, you will cease receiving the discounted or free monthly allotment of airtime or Data.
If you exceed 45 days without any usage (as defined consistent with 47 C.F.R. 54.407(c) (2)), you will be de-enrolled from the Q LINK Lifeline Program. Any of these activities, if undertaken by the subscriber, will establish “usage” of the Q LINK Lifeline service: (i) Completion of an outbound call; (ii) Purchase of minutes or Data from Q LINK Wireless to add to the subscriber’s service plan; (iii) Answering an incoming call from a party other than the Q LINK Wireless or Q LINK Wireless’s agents or representatives; (iv) Responding to direct contact from Q LINK Wireless and confirming that you want to continue receiving the Q LINK Lifeline service; or (v) Sending a text message. Upon de-enrollment for non-usage, you will have up to a 30-day grace period to re-enroll in the Q LINK Wireless Lifeline Program by calling 1-855-754-6543. If you do not re-enroll, use your phone, or call Q LINK Customer Support within 30 days of your de-enrollment, your phone service will be deactivated. In order to reactivate your Q-Link Wireless phone and re-enroll in the Q LINK Lifeline Program, you will need to call Q LINK Customer Support. Upon successful re-enrollment, you will receive the monthly voice minutes and/or Data that you were entitled to receive through the date your enrollment was cancelled. You will not, however, receive any voice minutes and/or Data for the period of time you were not enrolled in the Q LINK Lifeline Program.
If you are de-enrolled, your Mobile Device will remain active and you may continue to use your Mobile Device so long as you have available minutes and service days remaining on your phone. You may purchase additional voice minutes and service days to keep your phone service active. If you are de-enrolled from the Q LINK Wireless Lifeline Program and you allow your remaining service days to expire or go “past due”, your Mobile Device service will be deactivated, you may lose your unused minutes, and you will lose your wireless telephone number.
If You fail to complete the annual recertification, Q LINK will notify You that Your Q LINK Wireless Lifeline Service will be terminated if You do not respond within sixty (60) days. If you choose to reactivate your phone by completing the Annual Recertification within 60 days after your verification due date, you will be re-enrolled in the program and continue receiving the free monthly allotment of airtime.
If your service is deactivated for Non Usage or failure to complete Annual Recertification, you may reactivate your service by either re-enrolling in the Q LINK Wireless Lifeline Program (if eligible) or purchasing and redeeming Q LINK Wireless minutes with service days. Upon reactivation of your phone, you may be assigned a new telephone number. If you have been de-enrolled from the Q LINK Wireless Lifeline Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase and redeem additional minutes and service days before the “Service End Date”. To prevent any interruption in your phone service, please keep your phone service active by timely completing your Annual Recertification as required by the Q LINK Lifeline Program or, if no longer eligible, by purchasing and adding Q LINK Wireless minutes before your Service End Date.
Q LINK’s provision of service (e.g., voice minutes and/or Data) begins on the 1st calendar day of each month. If, at any time during a calendar month, a Q LINK Wireless customer terminates his/her service, the customer’s service will be canceled in accordance with Q LINK Wireless’s respective policies and procedures. Where a Q LINK Wireless customer ports out his/her number to another service provider, all service terminates effective on the date of the port – regardless of whether any unused service remains. However, in the event of a termination without a port, the Q LINK Wireless customer will still be an active subscriber and able to use any unused service until midnight, Eastern Time, on the 1st day of the following month. By way of example, if a customer terminates Q LINK Wireless’s service (not including instances of a port change) effective on January 10th, they will still be able to use any unused service until midnight Eastern Time on February 1st. Note, for clarity, after midnight Eastern Time on the 1st day of the following month, all service will terminate even if the now, former customer has unused service remaining.
8. RIGHT TO TERMINATE YOUR Q LINK WIRELESS LIFELINE SERVICE
You agree not to give away, resell, or offer to resell the Q LINK Wireless Mobile Device or service provided by the Q LINK Wireless Lifeline Program. You also agree your Q LINK Wireless Mobile Device will not be used for any purpose that is not allowed by this agreement or that is illegal. Q LINK WIRELESS CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE Q LINK LIFELINE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if you: (a) violate any of the Terms and Conditions of Service; (b) lie to any representative of Q LINK Wireless or attempt to defraud any representative of Q LINK Wireless; (c) allow anyone to tamper with your Q LINK Wireless Mobile Device; (d) threaten or commit violence against any representative of Q LINK Wireless, any of our employees or Customer Support Representatives; (e) use vulgar and/or inappropriate language when interacting with Q LINK Wireless representatives; (f) steal from Q LINK Wireless; (g) harass Q LINK Wireless representatives; (h) interfere with Q LINK Wireless operations; (i) engage in abusive messaging, emailing, or calling; (j) modify your device from its manufacturer’s specification; or (k) use the service in a way that adversely affects our network or the service available to Q LINK Wireless’s other customers. We reserve the right to, without notice, limit, suspend, or end your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
9. UNAUTHORIZED USAGE; TAMPERING
The Q LINK Wireless Mobile Device is provided exclusively for use by you, the end consumer, with the Q LINK Wireless Service available solely in the United States, Puerto Rico, the U.S. Virgin Islands, or Guam. Any other use of your Q LINK Wireless Mobile Device, including, but not limited to, resale, unlocking, and/or re-flashing of the phone, is unauthorized and constitutes a violation of your agreement with Q LINK Wireless. You agree not to unlock, re-flash, tamper with, or alter your Q LINK Wireless Mobile Device or its software; engage in any other unauthorized or illegal use of your Q LINK Wireless Mobile Device or the service, or assist others in such acts; or to sell and/or export Q LINK Wireless Mobile Devices outside of the United States. These acts violate Q LINK Wireless’s rights and state and federal laws. Improper, illegal, or unauthorized use of your Q LINK Wireless Mobile Device is a violation of this agreement and may result in immediate discontinuance of services and legal action against you. Q LINK Wireless will prosecute violators fully of the law.
Some Q LINK Wireless Mobile Devices have SIM cards. If your Q LINK Wireless Mobile Device has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. You may not remove your SIM Card from your phone nor place the SIM Card in any other phone. Doing so could result in the immediate termination of your service and de-enrollment from the Q LINK Wireless Lifeline Program. The Carriers, Q LINK Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your Q LINK Wireless Mobile Device is restricted from operating when you are located anywhere outside of the United States, Puerto Rico, the U.S. Virgin Islands, or Guam, including offshore or in international waters. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for unused airtime.
Q LINK Wireless Mobile Device BYOP and Unlocking Policy
- The Mobile Device must be designed for use on the Q LINK Wireless Services.
- It must not be reported lost or stolen.
- It must not be associated with fraudulent activity.
Unlocking Your Mobile Device: Q LINK Wireless does not lock mobile devices and cannot send you unlock instructions or assist with unlocking of your device. To request an unlock code and steps to unlock your Mobile Device, please contact the manufacturer or prior service provider of your mobile device and ask them to unlock your device and instructions on how to do such.
Limitations: This policy is subject to Q LINK Wireless’s Terms and Conditions of Service and may change without notice. Q LINK Wireless may deny any request for a Mobile Device unlock code at our sole discretion if we have a reasonable basis to believe that the request is an effort to defraud the company or its customers, or that the Mobile Device is stolen. As a reseller of wireless service, Q LINK Wireless’s unlocking policy may be subject to additional limitations imposed by its underlying Carriers.
Q Link Wireless can suspend or terminate Services for any reason, at any time. We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) Excessive usage determined solely at the discretion of Q Link Wireless; (b) exceeding an Account Spending Limit; (c) harassing, threatening, abusing, offending, or being excessively impolite to our employees or agents; (d) interfering with our operations; (e) using/suspicion of using Services in a way that violates, or is inconsistent, with the Agreement and Policies or adversely affects any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) providing false, inaccurate, dated, or unverifiable information, including identification or credit information; (h) becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services or maintain an active Device; (k) you resell or attempt to resell the Services or (l) if we believe the action protects our interests, any customer’s interests, or our network.
Prohibited Network Uses.
To ensure the activities of some users does not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Q LINK Wireless’s network or systems. Q LINK Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed above, or if Q LINK Wireless, at its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
Prohibited Voice Uses.
Q LINK Wireless voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. Q LINK Wireless’s services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, and transmission of recorded material; telemarketing, autodialed calls, and other commercial uses; or other connections that do not consist of uninterrupted live dialogue between individuals. Q LINK Wireless may discontinue service, at our sole discretion, for any other reason that violates our policy of providing service for individual use.
10. COVERAGE MAPS AND ROAMING
You will find coverage maps on our website. These maps are for general informational purposes only. Maps may be updated periodically to reflect current operations. Actual coverage and service areas may vary from the maps and may change without notice. Q LINK Wireless does not guarantee coverage or service availability under all circumstances. The maps represent an approximate depiction of coverage in Q LINK Wireless’s Service areas. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and/or your equipment may interfere with actual service, quality, and availability. The easiest way to check the coverage in your area is to apply online here. If you live in an area where network coverage does not reach you with at least a “good” or better standard, the system will let you know before submitting your application.
“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your Q LINK Wireless phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use. While roaming, Subscribers may continue to make phone calls from their Q LINK Mobile Devices at no additional charge but with the standard decrement of their plan minutes. Calls to 911 are not deducted from their plan minutes. Emergency (911) calls are free, regardless of service activation or availability of minutes, and will not count against the customer’s airtime even when roaming. However, WHERE THERE IS NO WIRELESS COVERAGE, A SUBSCRIBER’S 911 CALL MAY NOT GO THROUGH; SUBSCRIBERS SHOULD DIAL 911 FROM THE NEAREST LANDLINE PHONE.
11. APPLICATION OF TARIFFS
Q LINK Wireless may be required to file Tariffs in certain individual states addressing the delivery of certain Services. In the event that such Tariffs are filed with respect to any of the Services ordered by You, the terms set forth in the applicable Tariff (or any successor document in the event of detariffing) shall govern Q LINK’s delivery of, and Your use of, the Services subject to the tariff. Such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in these Terms.
12. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Further, Services may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration, or limitations imposed by Q LINK Wireless or the Carriers, or because of equipment modifications, upgrades, repairs, relocations, or other similar activities necessary or proper for the operation or improvement of Q LINK Wireless or the Carriers’ radio telephone system. At any time, Q LINK Wireless reserves the right to substitute and/or replace any Q LINK Wireless equipment (including Mobile Devices) with other Q LINK Wireless equipment (including Mobile Devices) of comparable quality. Some functions and features referenced in the manufacturer’s manual for a particular Q LINK Wireless Mobile Device may not be available on your phone. Q LINK Wireless does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption. Q LINK DOES NOT GUARANTEE ACCESS TO 911 SERVICES WHERE THERE IS NO OR LIMITED WIRELESS COVERAGE, A SUBSCRIBER’S 911 CALL MAY NOT GO THROUGH; SUBSCRIBERS SHOULD DIAL 911 FROM THE NEAREST LANDLINE PHONE. Neither Q LINK Wireless, nor any carrier, shall have any liability for service failures, outages, or limitations of service. Because of the risk of being struck by lightning, you should not use your Q LINK Wireless Mobile Device outside during a lightning storm. You should also unplug the Q LINK Wireless Mobile Device power cord and charger to avoid electrical shock and/or fire during a lightning storm. In the event Q LINK Wireless determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, Q LINK Wireless will use reasonable efforts to notify You prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.
13. FORCE MAJEURE
Neither You nor Q LINK Wireless shall be liable for any default or delay in the performance of its obligations hereunder (except for failure to pay amounts due) if and to the extent that such default or delay arises out of causes beyond its reasonable control, including without limitation acts of God, acts of war, acts of terrorism, earthquakes, fires, cable cuts, power outage, catastrophic network element failures, floods, riots, civil disorders, rebellions, strikes, lockouts and labor disputes (individually, each such event is a “Force Majeure Event”).
14. LIMITED WARRANTY EXCHANGE POLICY
Q LINK Wireless customers shall have up to fourteen (14) days from the delivery date of their Mobile Device to return any defective Mobile Device and/or accessories to Q LINK Wireless. Q LINK Wireless will exchange a defective Mobile Device for a replacement phone, at Q LINK Wireless’s discretion, during this period, only pursuant to the terms of the Limited Warranty (Section 27) set forth below. For a defective phone replacement, call Q LINK Wireless Customer Support at 1-855-754-6543.
15. LOST OR STOLEN MOBILE DEVICE POLICY
For any lost or stolen Q LINK Wireless Mobile Device, you may purchase a replacement Mobile Device for as little as $25. All reported lost and stolen phones will be permanently deactivated. The replacement Mobile Device will include all your remaining allotted minutes for that month. Any purchased minutes that you may have had on your lost Mobile Device will not be replaced. In the event you lose your replacement phone or it is stolen, you will need to purchase an additional phone. If a phone is lost or stolen while in transit to the customer before delivery, the lost phone and minutes may be replaced as a onetime courtesy in Q LINK Wireless’ sole discretion. If You fail to activate a new Mobile Device or notify Q LINK that You have found Your Mobile Device within forty-five (45) days for the date of notification, Your account will be de-activated and You will lose Your Q LINK phone number and will be de-enrolled from Q LINK Wireless Lifeline Services. You also agree to cooperate if Q LINK chooses to investigate the matter by providing facts, sworn statements or anything else that would help the investigation.
16. NOTICE OF CHANGES
Q LINK Wireless reserves the right to change or modify these Terms, applicable Tariffs, and its policies at any time. The changes will become effective at the time the change is posted on the Q LINK Wireless website at https://qlinkwireless.com/terms. If the change has a material adverse impact on Your use of the Services, Q LINK Wireless will provide advance notice to You of the change by such means as Q LINK Wireless determines to be most practicable, including but not limited to any of the following: playing a recorded message when You attempt to place a call or attempt to add funds to Your account, sending written notice to the address provided at the time of activation, sending an SMS or text message to Your Mobile Device, posting an update on the Q LINK Wireless website, or by such other means as Q LINK may determine. Material changes will take effect fourteen days after Q LINK provides the above-described notice. You may terminate the Services within thirty (30) days of receiving such notice. If You do not terminate the Services within this period, You agree to accept any such changes. Please check the Q LINK website often for updates and changes.
17. DISCLAIMER OF WARRANTIES
Except for the limited warranties expressly set forth in these terms and conditions, and to the extent permitted by law, the Services and Mobile Devices are provided on an “as is” and “with all faults” basis and without any other warranties (including express or implied) of any kind to the fullest extent permitted by law. Q LINK Wireless makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Services or your Mobile Devices. Q LINK Wireless cannot promise uninterrupted or error-free service and does not authorize anyone to make any warranties on our behalf. Q LINK Wireless does not guarantee that your communications will be private or secure; such interceptions can occur and Q LINK Wireless shall have no liability in the event that your communications are intercepted.
18. HEARING, VISUAL OR SPEECH IMPAIRED ACCOMMODATIONS
Any hearing, visual, or speech impaired person(s) interested in applying for a specially equipped Q LINK Wireless Mobile Device must call Q LINK Wireless and specify their need(s) to a representative. Q LINK Wireless will make every effort to assist such customer in obtaining a Mobile Device that is in compliance with all applicable laws, rules, and regulations.
HEARING AID COMPATIBLE HANDSETS
When wireless devices are used near hearing devices (such as hearing aids and cochlear implants), users may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference, and wireless devices also vary in the amount of interference they generate.
The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with their hearing devices. Not all wireless devices have been rated. Wireless devices that are rated will have the rating displayed on their box together with other relevant approval markings.
The ratings are not guarantees. Results will vary depending on the user's hearing device and hearing loss. If your hearing device is vulnerable to interference you may not be able to use a rated wireless device successfully.
M-Ratings: Wireless devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than wireless devices that are not labeled. M4 is the better/higher of the two ratings.
T-Ratings: Wireless devices rated T3 or T4 meet FCC requirements and are likely to be more usable with a hearing device's telecoil ("T Switch" or "Telephone Switch") than unrated wireless devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them).
Most phones that are rated T3 also have an M3 rating. Similarly, most phones rated T4 also have an M4 rating.
Hearing devices may also be measured for immunity to this type of interference. Your hearing device manufacturer or hearing health professional may help you find results for your hearing device. The more immune your hearing aid is, the less likely you are to experience interference noise from wireless devices.
HEARING AID COMPATIBLE HANDSETS
ZTE Prestige 2
M4, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
ZTE Blade Force
M4, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
ZTE Tempo X
M4, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
Motorola Moto e5
M4, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
M3, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
Samsung Galaxy A6
M4, T3 (mostly tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
LG G Stylo
M4, T4 (very tele-coil compatible)
4G LTE, camera, speakerphone, Wi-Fi
You can find information about the wireless hearing aid compatibility rules and service providers’ obligations https://www.fcc.gov/hearing-aid-compatibility-and-volume-control. For additional information regarding hearing aid-compatible and non-hearing aid-compatible devices, visit: https://www.gari.info.
19. EMERGENCY CALLS USING 911 AND SAFETY NOTICES
Q LINK Wireless customers have free access to 911. Occasionally, however, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone. Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional landline phones, depending on a number of factors (for example, whether your device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”)–where enabled by local emergency authorities–uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some devices have a safety feature that prevents use of the keypad after dialing 911– you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
20. DATA SERVICES
Q LINK Wireless offers customers an allotment of megabytes of broadband to access Internet content (“Data” or “Data Services”). Data Services offer access to many forms of Data content such as Internet, text, pictures, music, email, or other materials. Some Data content that Subscribers will access may come from third-party websites or services. Data content from third parties may harm the Mobile Device or its software. Some of this Data content may be: (i) offensive, indecent, or objectionable; (ii) unreliable and inaccurate; and (iii) otherwise unsuitable for minors.
Subscribers of Q LINK Wireless Data Services are solely responsible for evaluating the Data content accessed while using the Services and Q LINK Wireless strongly recommends that You monitor Data usage by minors. Q LINK Wireless, for any reason and at its sole discretion, may place restrictions on accessing certain Data content or terminate a Subscriber’s access to Data Services for a violation of these Terms, but is not required to do so. Q LINK Wireless supports the use of Data content, but, Q LINK Wireless makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts of any third party’s Data content or to third party Data content a Subscriber may access while using the Services.
Q LINK Wireless does not have control over the Data content provided on a third party’s site that a Subscriber may access. If a Subscriber uses their Mobile Device to browse the Internet, their telephone number or other information may be transmitted over the Internet. By activating or using a Q LINK Mobile Device and/or using the Data Services, Subscribers understand any risks associated with accessing Data via their Mobile Device, and agree they have been notified of such risks.
There may be an additional one-time charge for any content you select to download (“Content Charge”). The Content Charges vary depending on the type of content. You will be advised of the Content Charges prior to finalizing your purchase. The Data Services you purchase and download may only be used or viewed on the phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Mobile Device.
Modifications, Interruptions, or Discontinuation of Data Service: Q LINK Wireless does not guarantee the availability of Data Services on all of its Mobile Device models nor does it guarantee the availability of Data Services at all times. Q LINK Wireless reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in certain areas. Q LINK Wireless is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, you will not receive a refund or credit from Q LINK Wireless for any remaining used or unused subscription time. If you cancel or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the Terms and Conditions of Service set forth herein.
21. LIMITATION OF LIABILITY
Q LINK WIRELESS IS NOT LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER Q LINK WIRELESS HAS BEEN NOTIFIED SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OF MOBILE DEVICE AND/OR SERVICES. Q LINK WIRELESS WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF Q LINK WIRELESS SERVICES OR ANY EQUIPMENT OR FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE OR EQUIPMENT PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. WHEN YOUR Q LINK WIRELESS MOBILE DEVICE IS RETURNED TO Q LINK WIRELESS FOR ANY REASON, Q LINK WIRELESS IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INFORMATION SUCH AS USER NAMES, PASSWORDS, CONTACTS, PICTURES, SMS, MMS, AND/OR ADDITIONAL DOWNLOADS YOU MAY HAVE STORED ON YOUR MOBILE DEVICE OR WHICH MAY REMAIN ON YOUR MOBILE DEVICE.
You agree to indemnify and hold harmless Q LINK Wireless and all affiliated or related companies, directors, officers, employees, and representatives from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties against you (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a Q LINK Wireless Mobile Device and/or use of the Q LINK Lifeline Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
23. BILLING AND OTHER DISPUTES
If You in good faith dispute any portion of any Q LINK Wireless invoice, You shall submit to Q LINK Wireless written documentation identifying and substantiating the disputed amount. Billing disputes and written documentation may be submitted by fax at 1-855-837-5465 or by mail to Q LINK WIRELESS, LLC, Attn: Customer Support, 499 E Sheridan Street, Suite 300, Dania, Florida 33004. Subject to state law, if You do not report a dispute within sixty (60) days following the date on the applicable invoice, You shall have waived Your right to dispute that invoice. Any disputed amounts resolved in favor of You shall be credited to Your account. Any disputed amounts determined payable by You to Q LINK Wireless shall be due within ten (10) days of the resolution of the dispute. Q LINK Wireless may, without the obligation to arbitrate, seek to recover amounts owed to it by You in any court with jurisdiction. Otherwise, any dispute arising out of or relating to these Terms that has not been resolved by the good-faith efforts of the parties (see Binding Arbitration below) shall be settled only by binding arbitration, which may be initiated by either Party, and conducted in accordance with these Terms. If any unauthorized or disputed charge appears on a Subscriber’s statement for a third-party product, the Subscriber must contact that third-party directly. Third-party contact information is also available by calling Q LINK Wireless at 1-855-754-6543
24. DISPUTE RESOLUTION
In addition to Your rights and obligation under the Billing and Other Disputes provision of These Terms, You agree to contact Q LINK Wireless with any disputes by calling Q LINK Wireless at 1-855-754-6543 or writing to Q LINK WIRELESS, LLC, 499 E Sheridan Street, Suite 300, Dania, Florida 33004, or by fax at 1-855-837-5465. You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A Q LINK Wireless Customer Support representative will contact You at the last address You have provided or by phone. Q LINK Wireless agrees to negotiate in good faith to resolve any dispute You may have. You agree to pay the full amount reflected on any account statement, even while a dispute is being resolved. If a dispute resolution is not reached within 30 days after notice of dispute was given, either Party may commence a binding arbitration proceeding in accordance with the Binding Arbitration provision of these Terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR Q LINK WIRELESS MOBILE DEVICE THIS SECTION REQUIRES MANDATORY ARBITRATION FOR ALL OTHER CLAIMS RELATING TO YOUR Q LINK WIRELESS MOBILE DEVICE ITS SOFTWARE, AND THE SERVICES, INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF Q LINK WIRELESS’ AGREEMENT WITH YOU.
This provision is intended to encompass all disputes or claims arising out of your relationship with Q LINK Wireless, relating to the Q LINK Wireless Lifeline Service, or involving any equipment used in connection with the Q LINK Lifeline Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) and your use of the Q LINK Wireless Mobile Device and Services. The sole exception to this provision is your unauthorized resole, export, alteration, and/or tampering of your Q LINK Wireless Mobile Device. Nothing contained in this arbitration provision shall preclude Q LINK Wireless from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Q LINK Wireless phone, in state or federal court. References to you and Q LINK Wireless include its respective subsidiaries, affiliates, predecessors in interest, successors, assigns, directors, officers, employees, and representatives. All claims and disputes, except those excluded above, will be resolved by binding arbitration. You must first present any claim or dispute to Q LINK Wireless by contacting Customer Support to allow Q LINK Wireless the opportunity to resolve the dispute prior to initiating arbitration. After a period of at least thirty (30) days, either party may arbitrate the dispute in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this agreement, to be conducted by a single arbitrator in Dania, Florida unless Q LINK Wireless and you agree otherwise. You and Q LINK Wireless agree that use of the Q LINK Lifeline Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Q LINK Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one Subscriber’s claims, and may not otherwise preside over any form of a representative or class proceeding. All fees and expenses of arbitration will be paid by the prevailing party.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Except where prohibited by law, Q LINK Wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor Q LINK Wireless shall disclose the existence, contents, or results of any arbitration, except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
This Agreement and any arbitration under this Agreement shall be construed under and apply the laws of Florida, without regard to its choice of law rules and regardless of the cause of action asserted, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside or where you use or pay for the Services.
26. CONTENT AND APPLICATIONS
APP Data Usages. Some Q Link Plans also provide data services. Your use of data services ("Data Usage") occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come pre-loaded on your Phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high-speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.
Not all of the online content which is accessible to one using Q Link Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Q Link’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Content and Applications. Your device comes preloaded with apps and software, you agree when applying for service with Q Link that you will indemnify and hold harmless, Q Link of all Liabilities for such preloaded software being installed on your device. You can purchase Content and Applications (for example, downloadable, streaming or networked applications, wallpapers, ringtones, games, productivity tools and video) ("Content and Apps") for and with your compatible wireless device. Some Content and Apps that you can purchase with your wireless device are not sold by Q Link and for such Content and Apps, you can identify the third-party seller at the point of purchase. Q Link is not responsible for such Content and Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Apps. Any support questions for such Content and Apps should be directed to the third-party seller identified at the point of purchase. When you download or install any Content and Apps sold by a third-party seller, you may be subject to license terms between you and the third-party seller and Content and Apps creator/owner. When you use, install, display, run, or listen to Content and Apps that you purchase from Q Link, the Content and Apps are licensed to you by Q Link and may be subject to additional license terms between you and the creator/owner of the Content and Apps. Whether purchased from Q Link or a third-party seller, any Content and Apps you purchase are licensed for personal, lawful, non-commercial use on your wireless device only. You may not transfer, copy, or reverse engineer any Content and Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content and Apps. Content and Apps may not be transferable from one wireless device to another wireless device. You understand and agree that the Content and Apps contain the intellectual property of third parties. You understand and agree that the Content and Apps are protected by law (including copyright law) and are solely for your personal, non-commercial use. You agree to comply with all applicable laws (including copyright law) and may only make such copies as are reasonably necessary for your personal and non-commercial use. You agree that any other redistribution, reproduction, transmission, communication, sale, use (including, except in the case of Ringtones, as a "ringer" for a telephone), broadcast, public performance, rental or lending, adaptation, sub-license or other use of the Content and Apps without the prior written consent of the copyright owner is prohibited. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner.
Indemnification. You release us and will indemnify, defend, and hold harmless Q Link and its affiliates, and their respective officers, directors, employees, and agents, against any claim, loss, damage, settlement, cost, expense, or other liability (including attorneys' fees) arising from or related to (a) any and all Preloaded App(s), Generated App(s), Submitted Materials, or your use of the Service; or (b) your breach of or non-compliance with this Agreement (each, a "Claim"). You will not consent to the entry of a judgment or settle a Claim without our prior written consent. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this section are independent of your other obligations under this Agreement.
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording. You agree that Q Link may from time to time make calls and/or send text messages to you at any telephone numbers associated with your account, including wireless telephone numbers that could result in charges to you.
By using this website you consent and acknowledge that Q Link may from time to time may send emails and make calls and/or send text messages and to you at any email addresses and/or telephone numbers associated with your account, including home, work and wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Q Link may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.
28. LIMITED WARRANTY FOR MOBILE DEVICES
Your Q LINK Wireless Mobile Device shall have up to 14 days of limited warranty from the activation date of your phone, set forth below, administered by Q LINK Wireless. This limited warranty covers against defects in materials and workmanship under normal use by the Subscriber.
How to Obtain Warranty Service:
To obtain warranty service from Q LINK Wireless for your Mobile Device, contact Customer Support by dialing *611 from your Q LINK phone or calling 1-855-754-6543. If your problem cannot be resolved over the phone, our Q LINK Wireless technicians will provide you with an RMA number, which you will use to send your phone to the designated Q LINK Lifeline Service Center for replacement, at Q LINK Wireless’s discretion.
Terms of Limited Warranty:
Q LINK Wireless warrants you (the Consumer) that your Q LINK Wireless Mobile Device (Product) is free from defects in material and workmanship that may result in Product failure during normal usage, according to the following Terms and Conditions of Service:
- The limited warranty for the Product begins on the first date of phone activation.
- The limited warranty extends only to the original Subscriber of the Product. Lifeline service is non-transferable.
- The limited warranty is not assignable or transferable to any subsequent end-user.
- During the limited warranty period, Q LINK Wireless will replace, at Q LINK Wireless’s sole discretion, any defective Product or parts (except as excluded below) with a new or refurbished replacement Product based on the following conditions:
- The Product or parts do not properly operate for their intended use (except as excluded below).
- The Product or parts are malfunctioning or failing during normal usage.
- Q LINK Wireless may, at its sole discretion, replace the Product with a refurbished Product of the same model if available, or if not available will replace with a comparable Product.
- The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.
- Q LINK Wireless shall not be liable for any other losses or damages, or claimed losses or damages resulting from the malfunction of a Product. These remedies are the Consumer’s exclusive remedies for breach of warranty.
- The Subscriber shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
- The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Q LINK Wireless, including damage caused by shipping.
- The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source.
- Q LINK Wireless was not advised by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days of delivery of the Product.
- The Product serial number plate or the enhancement data code has been removed, defaced, or altered.
- The defect or damage was caused by the defective function of the cellular system, by inadequate signal reception from the external antenna, by viruses, or by other software problems introduced into the Product.
- The Product is outside of the limited warranty period.
29. TAXES AND OTHER FEES
Q LINK Wireless reserves the right to charge state and local sales taxes. You are responsible for payment or reimbursement to Q LINK Wireless of any fees, taxes or surcharges that are imposed or authorized by regulatory and governmental entities, including but not limited to, any and all applicable federal, state, local or foreign use, excise, sales, gross receipts or privilege taxes, charges or surcharges (however designated), regulatory fees, value-added and other taxes, levies, surcharges, duties, fees, pay-phone service provider compensation or other related surcharges, chargeable to or against Q LINK Wireless or the Subscriber because of the Services provided to You, as well as Q LINK administrative fees. You shall indemnify, defend and hold harmless Q LINK Wireless against any damages, losses, claims or judgments arising out of any exemption claimed by You or Your failure to pay taxes or regulatory fees, including, without limitation, any liens, attachments, fines or penalties. Taxes, surcharges and other fees are subject to change without notice.
30. REGULATORY REQUIREMENT
If a regulatory body, or a court of competent jurisdiction, issues a rule, regulation, law or order that has the effect of materially increasing the cost to provide Services hereunder or canceling, changing, or superseding any material term or provision of these Terms (collectively “Regulatory Requirement”), then these Terms shall be deemed modified in such a way as is consistent with the form, intent and purpose of these Terms and as is necessary to comply with such Regulatory Requirement. If the change has a material adverse impact on Your use of the Services, Q LINK Wireless will provide advance notice to You of the change. You may terminate the Services within 30 days of receiving such notice. If You do not terminate the Services within this period, You agree to accept any such changes.
31. LAW ENFORCEMENT
Q LINK Wireless intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, You agree that, if and as required by law enforcement entities, Q LINK Wireless may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.
These Terms shall be construed under the laws of Broward County Florida, without regard to its choice of law rules or Your actual state of residence, except for the arbitration provision contained in these Terms, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside or where You use or pay for the Services. Any claims, legal proceeding or litigation not subject to the arbitration provision pursuant to this clause must be brought solely in the Southern District of Florida or Florida courts situated therein, and You consent to the jurisdiction of such courts.
33. COMPLIANCE WITH LAWS
You shall comply with all laws, statutes, ordinances, codes, regulations and other pronouncements having the effect of law of any government authority with respect to its use of the Services.
No assignment of these Terms or any rights or obligations hereunder, by operation of law or otherwise, shall be made by You without the prior written consent of Q LINK Wireless, such consent not to be unreasonably withheld.
35. NO THIRD PARTY BENEFICIARY
These Terms is solely for the benefit of the Parties hereto and no provision of these Terms shall be deemed to confer on other third parties any remedy, claim, liability, reimbursement, cause of action or other right.
36. NOTICES AND CONTACT INFORMATION
You may contact Q LINK Wireless at: 1-855-754-6543 or writing to Q LINK WIRELESS, LLC, 499 E Sheridan Street, Suite 300, Dania, Florida 33004, or by fax at 1-855-837-5465.
37. ENTIRE UNDERSTANDING: SEVERABILITY AND SURVIVAL
These Terms, together with any appendices, addenda, order forms, attachments, schedules, policies and exhibits attached hereto, all of which are incorporated by reference, sets forth the entire understanding of the Parties hereto with respect to the transactions contemplated hereby. Any and all previous agreements and understandings between or among the Parties regarding the subject matter hereof, whether written or oral, are superseded by these Terms. If any part of the Agreement held to be invalid or unenforceable, the rest of the Agreement remains in full force and effect. The rights, obligations and commitments under these Terms that by their nature would logically continue after the termination of the Agreement, including dispute resolution, limitation of liability, no class action, no jury trial, payment obligations, etc., shall survive the termination of the Services.
Q LINK WIRELESS REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS
Q LINK Wireless may, from time to time, offer users of the Q LINK Wireless Lifeline Service the opportunity to earn rewards by referring friends to try the Q LINK Wireless Lifeline Service (“Q LINK Wireless Refer-a-Friend® Program” or “the Program”). Q LINK Wireless and its designees reserve the right to terminate the Program at any time for any reason.
These Terms and Conditions shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
In addition, personal information may be used by Q LINK Wireless to contact Users with regard to their participation in the Program and to receive advertisements and/or communications from Q LINK Wireless. When a User provides personal information about his/her friends, family members, or colleagues to receive communications via the Program, the provided personal information will be used by Q LINK Wireless for sending these communications on behalf of the User. The User understands that Q LINK Wireless may send out additional follow-up communications on behalf of the User to encourage or remind their friends, family members, or colleagues to complete the registration process, and for third party advertisement.
2.How the Program Works
To participate, visit www.QLinkWireless.com and follow the on-screen instructions to refer as many friends, family members, or colleagues as you wish to the Q-Link Wireless Lifeline Program by entering the friends’ names and email addresses in the “Refer-A-Friend” box.
Users who refer are called “Referrers”; individuals who are referred are called “Referees.” For every Referee (defined below), the Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Referrers must be legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam who:
- Are current Q LINK Wireless Lifeline Subscriber who maintains Lifeline eligibility at the time of the referral and at the time the Reward Credit is given;
- Are 18 years of age or older.
- Have the legal right to provide the personal information (e.g.: name and email address) of each Referee.
- Are not currently employed by Q LINK Wireless, are immediate family members of Q LINK Wireless employees, or Q LINK Wireless Released Parties, or their subsidiaries, affiliates, or promotional agencies.
Referrers may only refer third-party individuals who meet the requirements of these Terms and Conditions.
Credit can only be awarded for “Qualified Referrals.” A Qualified Referral means that all the following conditions are met:
- The Referee completed the registration process by signing up over the phone or online at QLinkWireless.com;
- The Referrer and the Referee are both qualified for Q LINK Wireless Lifeline at the time of referral and at the time Reward Credit is given;
- The Referee was not previously registered with the Q LINK Wireless Lifeline Service under any email address or alias;
- The Referrer and the Referee are both legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam, and are 18 years or older;
- Only one Qualified Referral can be earned for each Qualified Referee. Any additional participation in the Q LINK Lifeline Services or subsequent purchases made by the Referee will not be counted as Qualified Referrals;
- Both the Referee and the Referrer meet all requirements set forth by Q LINK Wireless and rules of the Lifeline program as set forth by federal and state agencies.
Referrer shall receive various promotional credits from Q LINK Wireless in the form of free or discounted services, at Q LINK’s sole discretion. All credits exclude applicable surcharges, fees, and taxes. Credit(s) have no cash value, are non-refundable, and non- transferable. If either Referrer or Referee cancels before 90 days from the date the Referee subscribes to Q LINK Wireless Lifeline Service, this will result in the loss of and/or chargeback of associated credits.
The offer is good while supplies last. Certain types of referrals, including but not limited to referring oneself or someone living in the same residence as Referrer, are prohibited. Q LINK Wireless purchases made at retail are not eligible for Refer-A-Friend® program. Q LINK Wireless customers who have cancelled service within the last 90 days are not eligible for this offer.
Credits are subject to verification. Q LINK Wireless and its designees may withhold a Credit for investigation or refuse to process any transaction Q LINK Wireless deems fraudulent, suspicious, in violation of these Terms and Conditions, or may impose liability on Q LINK Wireless, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Q LINK Wireless account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited. Q LINK Wireless and its designees’ decisions are final and binding, including decisions as to whether a Qualified Referral Credit is valid.
Messages sent to Referees comport with the requirements of the CAN-SPAM Act. As a result, Q LINK’s email messages to Referees will:
- Accurately identify Q LINK Wireless as the entity who initiated the message;
- Identify the message as an advertisement for Q LINK Wireless Lifeline Services;
- Inform the Referee of Q LINK Wireless’s valid physical postal address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations;
- Inform Referee how to opt out of receiving future emails relating to the Program. The message to the Referee will include a clear and conspicuous explanation of how the Referee can opt out of getting email in the future, including the option to stop all commercial messages from Q LINK Wireless; and
- Honor opt-out requests received within ten (10) business days if received by Q LINK Wireless within thirty (30) days of the date when the original message was sent. Once a Referee opts-out Q LINK Wireless will not sell or transfer the Referee’s email addresses, even in the form of a mailing list, except for purposes of complying with the CAN-SPAM Act.
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Q LINK Wireless and/or its designees, and the Privacy Policies of Q LINK Wireless; b) to release and hold harmless Q LINK Wireless and its designees, their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward); and (c) to be contacted by Released Parties via email.
The Released Parties reserve the right to make changes or additions to these Terms and Conditions for any reason at any time. Released Parties’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, alteration of, or entry into other materials; (iv) any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program. Released Parties disclaim any liability for damage to any computer system resulting from participating in (or accessing or downloading information in connection with) the Program, and reserve the right, at their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Released Parties’ control, corrupt the administration, security, or proper play of the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any Acts of God, action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and/or any other damages, and waive any and all rights to have damages multiplied or otherwise increased.
Released Parties reserve the right to cancel or suspend this Program for any reason, including if it determine, in its sole discretion, that the administration, security, or fairness of this Program has been compromised in any way.
4. Applicable Law
Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Florida law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the binding and mandatory arbitration provisions contained in the Q LINK Terms and Conditions, incorporated herein.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS THROUGH MANDATORY ARBITRATION FOR ALL CLAIMS RELATING TO THE PROGRAM INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF Q LINK WIRELESS’ AGREEMENT WITH YOU.
Participation in the Program and/or acceptance of a Reward constitutes permission for Q LINK Wireless and its designees to use any User’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis, and in all forms of media without review, permission, or further compensation of any amount or kind whatsoever, where permitted by law.
6. Prohibited Conduct
Users agree not to use the Program to:
- Violate applicable law;
- Infringe upon the intellectual property rights of the Q LINK Wireless and its designees or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Users;
- Impersonate any person, or otherwise misrepresent the User’s identity;
- Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another User’s use of the Program;
- Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
Q LINK Wireless and its designees may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine such User is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or by intending to annoy, abuse, threaten, or harass any other users or representatives of Q LINK Wireless and its designees. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. Q LINK Wireless and its designees reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Q LINK Wireless and its designees RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Q LINK Wireless LLC is a registered trademark and a subsidiary of Quadrant Holdings Group, LLC.
STATE-SPECIFIC TERMS AND CONDITIONS
The additional terms provided below apply only to residents of the States as specified who are meet the eligibility requirements for Q LINK Wireless Lifeline Service. If you have questions about Q LINK Wireless not addressed by the terms please contact Q LINK Wireless Customer Support at 1-855-754-6543.
Terms for Arizona Residents:
Q LINK Wireless reserves the right to modify its plans. Pursuant to the Arizona Revised Statutes § 40-367, in the event of any material changes, Q LINK will provide the Commission and the public with at least thirty days’ (30) notice of any proposed changes to the rates and Plans.
Notice of Subscriber Rights
This Notice of Subscriber Rights is provided in accordance with Arizona State law. Q LINK Wireless provides this notice to new customers at the time of enrollment and upon request. Subscribers may contact Q LINK Customer Support at: Q LINK WIRELESS, LLC
499 E Sheridan Street
Dania, Florida 33004
Q LINK is prohibited from adding products and Services to a customer’s account without the customer’s authorization. Q LINK provides prepaid services. However, in the event Q LINK provides bills or invoices to its Subscribers, Q LINK is required by law to remove any unauthorized charge or any unauthorized Service from a Subscriber’s account and to restore the Subscriber’s originally requested Plan. Further, Q LINK shall not charge a Subscriber for restoring the Subscriber to its original Service Plan. Q LINK must refund or credit, at the Subscriber’s option, to the Subscriber any amount paid for any unauthorized charge. If any unauthorized charge is not refunded or credited within two billing cycles, Q LINK shall pay interest on the amount of any unauthorized charges at an annual rate established by the Arizona Corporate Commission until the unauthorized charge is refunded or credited. A Subscriber who has been charged unauthorized charges, or “Crammed,” can report the unauthorized charge to the Commission at: Arizona Corporate Commission Customer Service
1200 W. Washington
Phoenix, Arizona 85007-2996
Phone: 1 (800) 345-5819
Este Aviso de Derechos del Suscriptor se proporciona de acuerdo con la ley del Estado de Arizona. Q LINK Wireless proporciona esta notificación a los nuevos clientes en el momento de la inscripción y previa solicitud. Los suscriptores pueden ponerse en contacto con el servicio de atención al cliente de Q LINK en: Q LINK WIRELESS, LLC
499 E Sheridan Street
Dania, Florida 33004
Q LINK está prohibido de agregar productos y servicios a la cuenta de un cliente sin la autorización del cliente. Q LINK ofrece servicios de prepago. Sin embargo, en caso de que Q LINK proporcione facturas o facturas a sus Suscriptores, Q LINK está obligado por ley a eliminar cualquier cargo no autorizado o cualquier Servicio no autorizado de la cuenta de un Suscriptor y restaurar el Plan originalmente solicitado por el Suscriptor. Además, Q LINK no cobrará a un Suscriptor por restaurar el Suscriptor a su Plan de Servicio original. Q LINK debe reembolsar o acreditar, a opción del Suscriptor, al Suscriptor cualquier monto pagado por cualquier cargo no autorizado. Si cualquier cargo no autorizado no es reembolsado o acreditado dentro de dos ciclos de facturación, Q LINK deberá pagar intereses sobre el monto de cualquier cargo no autorizado a una tasa anual establecida por la Comisión Corporativa de Arizona hasta que el cargo no autorizado sea reembolsado o acreditado. Un Suscriptor que ha sido acusado de cargos no autorizados, o "Abarrotado", puede reportar el cargo no autorizado a la Comisión en: Arizona Corporate Commission Customer Service
1200 W. Washington
Phoenix, Arizona 85007-2996
Phone: 1 (800) 345-5819
Q LINK is required to file with the Arizona Corporation Commission Tariffs regarding the delivery of certain Services. In the event that such Tariffs are filed with respect to any of the Services ordered by You, the terms set forth in the applicable Tariff (or any successor document in the event of detariffing) shall govern Q LINK’s delivery of, and Your use of, the Services subject to the tariff. Such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in these Terms.
Terms for Arkansas Residents:
In Arkansas, Q LINK shall provide a rate plan that offers at least a minimum of 500 voice minutes per month.
Terms for Colorado Residents:
In the State of Colorado, Q LINK Wireless Lifeline Service Subscribers may direct complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: Colorado Public Utilities Commission
1560 Broadway, Suite 250
Denver, CO 80202
Phone: (303) 894-2070 or (800) 456-0858
In Colorado, Q LINK shall provide a rate plan that offers at least equivalent to the minimum value of $13.50 per month (250 free voice minutes).
Terms for Georgia Residents:
In the State of Georgia, unresolved complaints concerning Lifeline service can be directed to:
Georgia Public Service Commission
Consumer Affairs Unit
(404) 656-4501 or (800) 282-5813
Additionally, Subscribers may purchase additional voice minutes at a cost of no more than $0.10 per minute.
Terms for Iowa Residents:
In the State of Iowa, Q LINK Wireless Lifeline Service Subscribers may direct complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: Iowa Utilities Board
350 Maple Street
Des Moines, IA
Q LINK Wireless certifies that it will not charge Lifeline subscribers an early termination fee or cancellation fees.
Terms for Kansas Residents:
In the State of Kansas, Q LINK Wireless Lifeline Service Subscribers may direct any unresolved questions or complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: Kansas Corporation Commission KCC - Consumer Protection
1500 SW Arrowhead Road
Topeka, KS 66604
Toll-free: (800) 662-0027 or Local/Topeka: (785) 271-3140 between 8 a.m. and 5 p.m.
Hearing or speech impaired Subscribers can contact: TDD Kansas Relay Center at (800) 766-3777.
Q LINK customers will be able to apply the Lifeline discount to any calling plan offered by Q LINK to non-Lifeline subscribers.
Terms for Minnesota Residents
In Minnesota, Q LINK shall provide customers the option to purchase additional voice minutes at a cost of no more than $0.10 per minute in denominations beginning at $5.00. Q LINK's rate for additional voice minutes will match the lowest level offered for such service in any other jurisdiction in which Q LINK provides wireless Lifeline service (if lower than $0.10 per minute).
Terms for Nevada Residents
Q LINK Wireless tariff filed with the Nevada Public Service Commission is for informational purposes only. The terms and conditions of service as outlined on Q LINK’s website contain the terms and conditions of service and as such take precedence over informational the informational tariff. Q LINK subscribers should rely on the terms and conditions on the website for complete, up-to-date provisions.
Terms for Ohio Residents
To the extent that Q LINK makes any material change in its rates, terms, and conditions of service or any change in Q LINK’s operations that are not transparent to customers and it may impact service, Q LINK will provide Subscribers at least fifteen (15) days advance notice. Q LINK will file a copy of its material change notice to Subscribers with the Ohio Public Utilities Commission. Q LINK will also notify the Commission by filing of any changes to the existing rates, terms, and conditions of its Lifeline service offering.
In the event of a billing dispute, You should contact Q LINK Wireless Customer Support at 1-855-754-6543. Additionally, Q LINK Wireless Lifeline Subscribers may direct complaints regarding their Q LINK Lifeline service to the State Public Service Commission/Public Utility Commission at: Public Utilities Commission of Ohio (PUCO)
(800) 686-7826 (toll free), 8:00 a.m. to 5:00 p.m. weekdays
Hearing or speech impaired customers may dial 7-1-1 (Ohio Relay Service)
Terms for Oklahoma Residents
In Oklahoma, Q LINK shall provide a rate plan that offers at least the equivalent of the undiscounted value of $40.
Terms for Pennsylvania Residents:
Q LINK Wireless certifies that it will not charge Lifeline subscribers an early termination fee or cancellation fees.
Q LINK Lifeline Subscribers will have a one year factory warranty for their Mobile Device from the date of activation. The warranty covers any problems with the handsets and/or accessories and will be replaced or repaired, at no charge to the customer if reported in within the designated time. You must advise Q LINK of the alleged defect or malfunction of the product within ten business days of the occurrence or the defect or ten days of the applicable limited warranty period. After ten days, You will need to inquire about purchasing a replacement.
Q Link will inform existing subscribers of the availability of Lifeline service twice annually by text or email message, in compliance with Section 3019(f)(4) of the Pennsylvania Public Utility Code.
In the State of Pennsylvania, Q LINK Wireless Lifeline Service Subscribers may direct any unresolved questions or complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: Pennsylvania Public Utility Commission
Bureau of Consumer Services
P.O. Box 3265
Harrisburg, PA 17105-3265
Terms for Puerto Rico Residents
Unresolved questions or complaints and to seek revision of any adverse decision contact: Telecommunications Bureau of the Puerto Rico Public Service Regulatory Board, 500 Ave. Roberto H. Todd (Parada 18-Santurce), San Juan, Puerto Rico 00907-3941.
Terms for South Carolina Residents:
Q LINK Wireless commits to notifying Subscribers at least 60 days prior to termination of the Subscriber’s Service if the carrier has a reasonable basis to believe that Subscriber no longer meets the Lifeline qualifying criteria.
Q LINK Wireless Lifeline Service Subscribers may purchase additional voice minutes at a cost of $0.10 per minute. Q LINK Wireless Lifeline Subscribers who wish to port their number will not be charged a fee.
Terms for Vermont Residents:
Q LINK will provide all subscribers the option to request call blocking to prevent the display of your name and telephone number on a phone or device with caller identification capability. Per call blocking will be provided at no cost to all subscribers.
If you desire to port your telephone number to another carrier, Q LINK will comply port your number after the other carrier makes a request consistent with the standards and procedures established by the Federal Communications Commission.
If a subscriber makes Q LINK aware of any dispute or complaint with Q LINK or Q LINK Wireless Lifeline Service, Q LINK commits to investigating the matter, trying to find a resolution, and responding within seven business days of receipt of the inquiry or complaint with its decision.
If a subscriber is unsatisfied with the decision, the subscriber will have the option to seek review of the matter by higher management within Q LINK and shall receive a response within fourteen (14) days of the date of the appeal of the initial dispute decision.
In the State of Vermont, Q LINK Wireless Lifeline Service Subscribers may also direct any unresolved questions or complaints regarding their Lifeline service to: Vermont Department of Public Service Consumer Affairs & Public Information Division
112 State Street, 3rd Fl
Montpelier, VT 05620-2601
(800) 622-4496 or (802) 828-2811
TTY: (800) 734-8390
Terms for Washington Residents:
In the State of Washington, Q LINK Wireless Lifeline Service Subscribers may direct any unresolved questions or complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: Washington State Office of Attorney General Consumer Protection Division
Q LINK Wireless shall file any changes to its rates or terms and conditions at least one day prior to the effective date of the change. Q LINK commits to changing its rates in a way that would result in increased minutes or enhanced features for Washington State subscribers.
Terms for West Virginia Residents
Q LINK Wireless tariff filed with the West Virginia Public Service Commission is for informational purposes only. The terms and conditions of service as outlined on Q LINK’s website contain the terms and conditions of service and as such take precedence over informational the informational tariff. Q LINK subscribers should rely on the terms and conditions on the website for complete, up-to-date provisions.
In the State of West Virginia, Q LINK Wireless Lifeline Program Subscribers may direct any unresolved questions or complaints regarding their Lifeline service to the State Public Service Commission/Public Utility Commission at: West Virginia Public Service Commission
201 Brooks Street
Charleston, WV 25301
New York Clause:
New subscribers in New York will receive 5GB of high-speed Data only for the first three months of service. Ninety days past the activation date, subscribers will then enjoy 4.5 Gigs of data every month.
Law Enforcement Requests Guidelines
These guidelines are solely intended for use by law enforcement or official representatives of government agencies. These guidelines are not intended for requests for information by Q LINK customers, Q LINK’s customers’ end users, civil litigants, or criminal defendants.
How Do I submit a Request?
Please submit your request to Q LINK Subpoena Compliance Department through one of the following means:
| ATTENTION: ||
| Subpoena Compliance |
Q Link Wireless
|Email: || |
|MAIL or IN PERSON: || |
|If your agency must submit requests via mail or in person, our address is as follows:
499 E Sheridan St, STE 400, Dania, Florida 33004.
Requirement for submitting a legal Request:
For Q LINK to process your request it must meet the following conditions:
- Include valid and enforceable formal legal process (e.g., a subpoena, court order, or search warrant) that compels Q LINK to produce the information requested.
Contain the law enforcement agency or government representative who is authorized to serve the request and contact information:
- Agent’s Name and Title/Position
- Work-authorized email address
- Phone number
- State with particularity the categories of records or information sought;
- Include sufficient information regarding the customer account, such as a phone number or account identifier, for Q LINK to identify the customer account(s) at issue; and
- Indicate the specific time period for which information is requested.
- Response deadline should be stated clearly in both the submission documentation and the formal
Q LINK typically responds to valid requests for information within 3 weeks and will only return data via email at the email address provided on the request.