Thank you for selecting Patriot Mobile as your wireless carrier. In this Customer Agreement, you will find important information about your Service, including our ability to make changes to your Service or this agreement’s terms, our liability if things don’t work out as planned and how any disputes between us must be resolved in arbitration or small claims court. If you are signing up for Service for a minimum contract term, you will find information about that contract term and what happens if you cancel a line of Service early or don’t pay on time, including the possibility of an early termination fee you may owe Patriot Mobile.
Your Plan & Service
Your Plan and Service includes your monthly usage allowances and features, (provided in your “Coverage Area”), and the associated monthly charges. Because you may also select several Optional Services, like data add–on packages, together, your Plan and any Optional Services you select are your Plan and Service. The terms and conditions for your Service can be found in the welcome package that are available when you activate as well as on the Patriot Mobile website online.
Your Acceptance of this Agreement
You accept this agreement by:
- Activating your service;
- Agreeing in writing, by email, or over the phone; or
- Opening a package that says you are accepting by opening it.
When you accept this agreement, you’re representing that you are at least 18 years old and are legally able to accept an agreement. If you’re accepting for an organization, you’re representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting you are agreeing to every provision of this Agreement whether or not you have read it.
When you accept this agreement, you can cancel a line of Service within 14 days (of accepting this Agreement) without having to pay an early termination fee as long as you return, within the applicable return period, all equipment you purchased from us in like new condition. However, you will be responsible for paying for your Service through that cancel date. Your activation fee will not be refunded.
Changes to this Agreement or Your Service
Patriot Mobile may change prices or any other term of your Service or this agreement at any time, but Patriot Mobile will provide notice. By using your Service after the notice and the change(s) takes effect, this means you are accepting the change.
Your Wireless Phone Number’s Portability to Another Carrier
You may be able to take, or “port”, your wireless phone number to another carrier. If you port a number from Patriot Mobile, we will treat the request as though you asked us to cancel your Service for that number. After the porting is completed, you won’t be able to use our service for that number, but you will remain responsible for all fees and charges through the end of that billing cycle, just like any other cancellation. You don’t have any rights to your wireless phone number, except for any right you may have to port it.
Your Wireless Device
Your wireless device must comply with Federal Communications Commission regulations, be certified for use on the Patriot Mobile network, and be compatible with your Service. When you activate Service that uses a SIM (Subscriber Identity Module) card, you agree that Patriot Mobile owns the intellectual property and software in the SIM card, and that we may change the software or other data in the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. If you bought a wireless device from Patriot Mobile that doesn’t use a SIM card, and you want to reprogram it for use with another wireless network, please note that your wireless device may not work with another wireless network, or the other wireless carrier may not accept your wireless device on its network.
Your Patriot Mobile Service Coverage
Wireless devices use radio transmissions, so unfortunately you can’t get Service if your device isn’t in range of a transmission signal. And please be aware that even within your Coverage Area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage and weather.
Cancellation of Service Before the End of Your Contract Term
With Patriot Mobile Service you are agreeing to subscribe to a line of Service either on a month–to–month basis or for a minimum contract term, as shown on your order confirmation. (If your Service is suspended without billing, that time doesn’t count toward completing your contract term.) Once you’ve completed your contract term, you will become a customer on a month–to–month basis for that line of Service. If you cancel a line of Service, or if Patriot Mobile cancels service for cause, during the contract term, you will be required to pay an early termination fee. If your contract term results from your purchase of an advanced plan or a device installment plan, your early termination fee will be $360 minus $15 for each full month of your calling plan contract term that you complete or the remaining balance of your device installment contract term (full retail price minus the montly payments applied) a termination fee will apply. Cancellations will become effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred until that point in time.
Your payments will be due on the "DUE DATE" refected on your monthly billing and will be processed through AutoPay that will be setup upon becoming a Patriot Mobile Customer. An Autopay discount is included in your plan price. If you do not set up Autopay, you will be charged a $5 per month bill processing fee. If payments are not received on time, a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $5 per month, whichever is greater, if allowed by law in the state of your billing address. If you fail to pay on time and Patriot Mobile refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. We may require a deposit at the time of activation or afterward, or an increased deposit. We may apply deposits or payments in any order to any amounts you owe us on any account. If your final credit balance is less than $1, we will refund it only if you ask. You may have to pay a $35 fee to re–activate Service if your Service is terminated, or a $15 fee to reconnect Service if it is interrupted for non–payment or suspended for any reason.
Calculation of Your Charges
For charges based on the amount of time used or data sent or received, Patriot Mobile will round up any fraction to the next full minute or, depending on how you’re billed for data usage, the next full megabyte or gigabyte. For outgoing calls, usage time starts when you first press Send or the call connects to a network, and for incoming calls, it starts when the call connects to a network (which may be before it rings). Usage time may end several seconds after you press End or after the call disconnects. For calls made on the Patriot Mobile network, we charge only for calls that are answered, including by machines. Usage cannot always be processed right away and may be included in a later bill, but the usage will still count towards your allowance for the month when the Service was used.
All domestic roaming calls are included in your Patriot Mobile plan. You will not receive Roaming charges.
Charges and Government Taxes, Fees & Surcharges
Charges include Federal Universal Service, Regulatory and Administrative Charges, and may also include other charges related to our governmental costs. You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
Lost or Stolen Devices
If your device is lost or stolen, it is very important that you notify Patriot Mobile Customer Care immediately so that we can suspend your Service to keep someone else from using it. If this happens after CARE hours, please communicate via the contact portal on the website. If your wireless device is used after the loss or theft but before you report it, and you want a credit for any charges for that usage, Patriot Mobile is happy to review your account activity and any other information you want us to consider. However, you may be held responsible for the charges if you delayed reporting the loss or theft without good reason. (you don’t have to pay any charges you dispute while they are being investigated). If we haven’t given you a courtesy suspension of recurring monthly charges during the past year, we’ll give you one for 30 days or until you replace or recover your wireless device, whichever comes first.
Patriot Mobile’s Right to Limit or End this Service or End this Agreement
Patriot Mobile, can without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or; (f) do not pay your bill on time; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges); (h) provide credit information we can’t verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
You can dispute your bill within 180 days of receiving it, but unless otherwise provided by law or unless you’re disputing charges because your wireless device was lost or stolen, you still have to pay all charges until the dispute is resolved. YOU MAY CALL Patriot Mobile Customer Care TO DISPUTE CHARGES ON YOUR BILL OR ANY SERVICE(S) FOR WHICH YOU WERE BILLED, BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL. IF YOU DO NOT NOTIFY Patriot Mobile IN WRITING OF SUCH DISPUTE WITHIN THE 180-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.
YOU AND Patriot Mobile BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
- THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
- UNLESS YOU AND Patriot Mobile AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY, IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S WIA RULES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
- THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
- IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION.
- Patriot Mobile MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU THAT AMOUNT.
- AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
- IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
Disclaimer of Warranties
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products. Patriot Mobile is not responsible for any third–party information, content, applications or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third–party products or services.
Waivers & Limitations of Liability
You and Patriot Mobile agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim.You agree we aren’t responsible for problems caused by you or others, or by any act of God. You also agree we aren’t liable for missed or deleted voice mails or other messages, or for any information (like pictures) that gets lost or deleted if we work on your device. If another wireless carrier is involved in any problem (for example, while you’re roaming), you also agree to any limitations of liability that it imposes.
About this Agreement
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You cannot assign this agreement or any of your rights or duties under it without our permission. However, we may assign this agreement or any debt you owe us without notifying you.Please note that many notices sent to you will show up as messages on your monthly bill. If you have online billing, those notices will be deemed received by you when your online bill is available for viewing. If you get a paper bill, those notices will be deemed received by you three days after we mail the bill to you. If we send other notices to you, they will be considered received immediately if we send them to your wireless device, or to any email or fax number you’ve given us, or after three days if we mail them to your billing address. If you need to send notices to us, please send them to the customer service address on your latest bill. If any part of this agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations as explained in part 5 of the dispute resolution section above), is ruled invalid, that part may be removed from this agreement.
Contract Buyout Offer and Guidelines
Contract Buyout Offer
Patriot Mobile offers a Contract Buyout Plan that will credit up to $350 (does not include taxes or fees) of the previous carrier’s ETF (early termination fees) of the plan or device installment fee from the previous carrier granted the customer is in good standing with the carrier. The credit may take up to 12 weeks to process and requires a number of actions to be completed by the customer (listed below in Qualification Requirements).
The Contract Buyout Offer is available to customers on a contract or device installment plan (up to 5 lines/devices) who are in a postpaid contract or who has a device installment plan with another carrier including AT&T, Sprint or Verizon and wants to switch to Patriot Mobile. (The contract buyout offer is capped at $1200 per customer).
To qualify for this ETF or contract buyout offer, customer must:
- Be switching from a postpaid plan or device installment program with an existing contract with another carrier
- Only applies to plans with MRC over $35
- Enter into a device Installment Plan or a 2 year contract (in the case of BYOD) with Patriot Mobile on a qualifying postpaid Plan (Non-contract or no-data plans are excluded from this program)
- Customer must satisfactorily pass a credit check
- Contract Buyout credit will be charged back to customer should the customer not fulfill the service agreement
- The ETF charge will be based on the number of months remaining on the contract multiplied by the monthly installment charge. (e.g. Customer is credited $350, then cancels after 3 months of service, customer would be charged approximately $305. $350 - $45)
- Customer must remain enrolled in Autopay for the duration of service
- Port their current number(s) to Patriot Mobile.
- Submit the current carrier’s final bill as proof of the ETF (Early Termination Fee or Early Installment payment)
- Not included with promotional offers unless noted on offer
- Credit will be posted after a bill cycle has been successfully processed via auto pay
- On Device Installment buyout customer must BYOD or trade phone
- Only paid in the form of a credit, no cash