CUSTOMER AGREEMENT

WHO AGREES TO THIS CUSTOMER AGREEMENT?

This agreement (“Agreement”) is between GoVios, their affiliates, partnerships, affiliates, and/or agents (we, our, us), and you. In order to fulfill this agreement, you must be in good standing with us.

WHAT IS A CUSTOMER AGREEMENT AND WHY SHOULD I READ IT?

A customer agreement is a binding contract between you and us. An Agreement describes the different features of your service so you know exactly what you’re being billed for or how airtime and usage are being deducted.
This agreement covers all communication which includes telephone conversations, postal mailings, electronic communications, and web site (“Web Site”) browsing and online ordering. By accepting this contract, you are agreeing to certain terms and conditions.

HOW DO I ACCEPT THIS CUSTOMER AGREEMENT?

Accepting this agreement is easy. You can accept by providing us with any one of the following: 1) a shipping postal address, 2) by giving us your written or electronic signature, 3) by providing us with a unique e-mail address, 4) by giving us an electronic or verbal commitment, 5) by accessing and browsing the Web Site, or 6) by using your mobile phone sent by us. By doing any of these things, you acknowledge that you have read and reviewed the following terms and conditions and that these will be used in lieu of your written signature and will be considered to be legally binding.

HOW DO I CONTACT GoVios?

You can contact GoVios several different ways. You can call our customer service department at 1-877-201-1313 (Monday –Friday 8:00am – 5:00pm CST) or browse our internet site www.govios.com. Check our site regularly for additional features and services such as “Adding Minutesf” minutes and Text Messaging.

HOW DO I CHANGE OR CANCEL MY SERVICE?

If you want to change your service, please contact our customer service department at 877-201-1313 or go to our Web Site at www.govios.com.

If you want to cancel your mobile phone service, contact our customer service department at 877-201-1313. Unused handsets must be returned to GoVios within 30 days of cancellation or you will forfeit your Recycle Deposit.

WHEN WILL I RECEIVE MY MOBILE PHONE AND WHAT ACCESSORIES WILL I RECEIVE?

After you enroll in a calling plan and/or purchase products you will receive your mobile phone in the mail. Included in the mailing box you will find an activated handset, AC charger, manual, easy to follow guides, and other promotional material.

CALLING PLANS AND HOW MINUTES ARE DEDUCTED

You will be given a set number of minutes based on the calling plan you have chosen. Minutes will be deducted based on your usage. Monthly minutes will be deducted differently for voice, SMS, and “Data” (See Calling Plan). Your monthly minutes will expire each month on your billing cycle date and not carry over to the next month. This Agreement automatically renews on a monthly basis unless you provide us with written or verbal cancellation notice. We measure voice airtime and usage in full minute increments. At the end of each call, partial minutes will be rounded up to the next full minute and another minute added. For example, six minutes will be deducted for a four (4) minute fifty second call. Time starts when you press “send” and ends when call is disconnected or “end” is pressed. Several seconds may be added when “sending” or “ending” because network is accessed both before call and after. Your billing cycle date begins the day your handset is activated. Unanswered calls 30 seconds or longer will be deducted from your available airtime.

“ADDING MINUTES ” MINUTES

You will receive a text message when you have approximately 60 minutes left of airtime. At this or any other time, you can contact our customer service department by dialing 611 from your handset, dialing 1-877-201-1313 or visit our Web Site www.govios.com and purchase more minutes. Plans are available through customer service or Web Site. Minutes purchased will be valid and usable for 60 days after purchase. “Add Minute” cards are non-refundable.

WHAT HAPPENS IF I EXCEED MY MINUTES?

In certain circumstances, you might exceed your minutes available to you because tracking of minutes is not in real time. If this does happen, your overage will be deducted from your next cycle. Also, your phone will be suspended and your phone will show SIM reject.

NETWORK COVERAGE AREA

Customer must live and have a mailing address within a GSM and CDMA network coverage area.

DIRECTORY ASSISTANCE – 411

Directory assistance connections will be applied to your airtime and minutes will be deducted from your pool of free minutes.

TEXT MESSAGING

Text Messages are limited to 160 characters per message. Airtime is deducted for Text Messages that are sent or received, read or unread, solicited or unsolicited.

ROAMING

Roaming may occur if you are calling out of your network coverage area. Roaming will be deducted from your pool of free minutes.

RESIDENTIAL USE OF SERVICE

Mobile phone service is provided for your own personal, residential, non-business and non-professional use. You agree that you will not resell or transfer your mobile phone service to any other person.

RETURNS AND EXCHANGES

GoVios provides a 30 day return or exchange period. Please call our customer service department at 1-877-201-1313. Returns and exchanges should be sent to:

GoVios
7201 West 110th St. Suite 120
Overland Park, Kansas 66210

Please include your name, address, and phone number. One exchange is allowed per customer.

USE OF SERVICE

By accepting this agreement, you agree to pay all charges incurred even if you weren’t the user and didn’t authorize use. These charges can include usage, access fees (Roaming), text messages, data charges, Administrative fees, and other charges. Mobile phone service is provided only for lawful purposes. We reserve the right to cancel service if they believe you are using the service for any unlawful, fraudulent, improper, malicious, or abusive purpose. We will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to any third party.

You also agree that we can and will seek alternative remedies to include but not limited to collections and legal remedies as allowed by law to seek due compensation and payment for products ordered and delivered. If such action is taken, you agree to pay all legal and collection costs incurred.

HANDSETS

It is not necessary that you use and/or purchase handsets provided by GoVios. It is necessary, however, that the handset you use complies with Federal Communications Commission regulations and compatible with our software and technology.

HANDSET IS STOLEN

If your handset is stolen, please notify us immediately at 1-877-201-1313. You may be responsible for all charges incurred before notifying us.

TRADEMARKS AND COPYRIGHT PROVISIONS

All information and material received and contained on the Web Site are subject to copyright and/or trademark protection laws. You may not distribute the media in any form, in whole or in part, without the prior written permission from us. You are also not permitted to link or “mirror” any part of the Web Site without our written permission.

We do not grant any copyright license, actual or implied, through the presentation of graphics, text, or photographs on any print or electronic media. Nor do we intend to make available for any use, any copyrighted materials from print or electronic media beyond those fair uses defined in law or equity under the Doctrine of Fair Use of copyrighted materials.

DISCLAIMERS

We provide information on print and electronic media as a public service and reserve the right to change contents of the information without notice. We provide this information “as is” and is not liable for the accuracy, completeness, and/or reliability of the contents of the information provided. To the extent permitted by law, we disclaim all warranties expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

GoVios products and services may require regulatory approval in some jurisdictions and the purchase, ownership, and/or use of certain products or services may not be lawful in some jurisdictions. The presentation of information about products and services and the availability of an order entry page within the Web Site are not intended to constitute an offer for sale by GoVios in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of a GoVios products or service has not received any required regulatory approval or where the purchase, ownership and/or use of a GoVios product or service is unlawful.

SUBMISSION OF COMMENTS

All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to GoVios (“Comments") shall be deemed and remain the property of GoVios. None of the Comments shall be subject to any obligation of confidence by GoVios. GoVios shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, GoVios shall exclusively own all present or hereafter existing rights to the Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of the Comments for any purpose whatsoever without compensation to the provider of the Comments.

LIABILTY LIMITATION

Under no circumstances shall we be liable for any direct, indirect, special, or consequential damages, including but not limited to loss of use, loss of profit, and loss of data, regardless of the cause of action, whether in contract, tort (including negligence), or otherwise resulting from the use or inability to use print or electronic media.

GOVERNING LAW

This Agreement shall be governed by the laws of the state of Washington and jurisdiction for all disputes will lie in Seattle, Washington.