Samsung Electronics Co SMN910P Multi-Band GSM/EDGE/CDMA/UMTS/LTE Phone with WLAN, Bluetooth, RFID and ANT+ User Manual 2
Samsung Electronics Co Ltd Multi-Band GSM/EDGE/CDMA/UMTS/LTE Phone with WLAN, Bluetooth, RFID and ANT+ Users Manual 2
Contents
- 1. Users Manual 1
- 2. Users Manual 2
Users Manual 2
Important
Information
DRAFT
This document is watermarked because certain important information in the document has not yet been verified.
This document has been s ent to you as a draft and for inf ormational purposes only.
The document should only be used f or int ernal purposes and may not be distributed outside of Samsung,
except to Samsung's carrier customer for testing purpos es. Distributing the
document outside of Samsung, except to Samsung's carrier customer for t esting purposes could r esult in legal exposure
to the company if the preliminary, unverif ied information in the draft turns out to be inaccurate.
for
the
Samsung
Galaxy
X®
Important Health, Safety, and Warranty Information – page 2
General Terms and Conditions of Service – page 19
Important Message from Sprint – page 54
Internal Use Only
T
Important
Health,
Safety and Warranty
Information
Important information about your phone
DRAFT
mobile device.
Warranty Information
Samsung Limited Warranty - This product
is covered under the applicable Samsung
Limited Warranty. Full written terms and
detailed information about the warranty
and obtaining service are available:
can be accessed in writing on the mobile •
On the device, tap Settings
>
About
device, or at www.samsung.com. device
>
Legal information
>
Samsung
legal
>
Warranty
Read this information before using your •
Online at www.samsung.com/us/Legal/
Phone_HSGuide
Internal Use Only
2 Important Health, Safety and Warranty Information
• On the device, tap Settings
>
About
• Online at www.samsung.com/us/Legal/
DRAFT
End User License Agreement for Health and Safety Information
Software The complete Health and Safety document
The End User License Agreement (EULA) for is available:
this device is available: •
On the device, tap Settings
>
About
device
>
Legal information
>
Samsung
device
>
Legal information
>
Samsung legal
>
Health and Safety
legal
>
End User License Agreement •
Online at www.samsung.com/us/Legal/
Phone_HSGuide
SamsungLegal-EULA2
Internal Use Only
Important Health, Safety and Warranty Information 3
reverse
engineer,
decompile,
disassemble,
Intellectual Property
All Intellectual Property, as defined below,
owned by or which is otherwise the
property of Samsung or its respective
suppliers relating to the SAMSUNG Phone,
DRAFT
including but not limited to, accessories,
Some software components of this product
incorporate source code covered under
GNU General Public License (GPL), GNU
Internal Use Only
Lesser General Public License (LGPL),
OpenSSL License, BSD License and other
open source licenses. To obtain the source
code covered under the open source
licenses, please visit:
http://opensource.samsung.com.
Warning!
This product contains the Intellectual Property. Moreover, you
chemicals known to the State of agree that you will not (and will not attempt
California to cause cancer and to) modify, prepare derivative works of,
reproductive toxicity.
or otherwise attempt to create source code
from the software. No title to or ownership
in the Intellectual Property is transferred to
you. All applicable rights of the Intellectual
Property shall remain with SAMSUNG and
its suppliers.
parts, or software relating there to (the Open Source Software
“Phone System”), is proprietary to Samsung
and protected under federal laws, state
laws, and international treaty provisions.
Intellectual Property includes, but is
not limited to, inventions (patentable or
unpatentable), patents, trade secrets,
copyrights, software, computer programs,
and related documentation and other
works of authorship. You may not infringe
or otherwise violate the rights secured by
4 Important Health, Safety and Warranty Information
Liability
EXCEPT
AS
SET
FORTH
IN
THE
EXPRESS
WARRANTY
CONTAINED
ON
THE
WARRANTY
PAGE
ENCLOSED
WITH
THE
PRODUCT,
THE
PURCHASER
TAKES
THE
PRODUCT
"AS
IS",
AND
SAMSUNG
MAKES
NO
EXPRESS
OR
IMPLIED
WARRANTY
OF
ANY
KIND
WHATSOEVER
WITH
RESPECT
DRAFT
TO
THE
PRODUCT,
INCLUDING
BUT
NOT
LIMITED
TO
THE
MERCHANTABILITY
OF
THE
PRODUCT
OR
ITS
FITNESS
FOR
ANY
PARTICULAR
PURPOSE
OR
USE;
THE
Internal Use Only
Disclaimer of Warranties; Exclusion of NOTHING CONTAINED IN THE INSTRUCTION
MANUAL SHALL BE CONSTRUED TO CREATE
AN EXPRESS OR IMPLIED WARRANTY OF
ANY KIND WHATSOEVER WITH RESPECT
TO THE PRODUCT. IN ADDITION, SAMSUNG
SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RESULTING FROM THE
PURCHASE OR USE OF THE PRODUCT
OR ARISING FROM THE BREACH OF
THE EXPRESS WARRANTY, INCLUDING
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR LOSS OF ANTICIPATED
PROFITS OR BENEFITS.
DESIGN, CONDITION OR QUALITY OF
THE PRODUCT; THE PERFORMANCE OF
THE PRODUCT; THE WORKMANSHIP OF
THE PRODUCT OR THE COMPONENTS
CONTAINED THEREIN; OR COMPLIANCE OF
THE PRODUCT WITH THE REQUIREMENTS
OF ANY LAW, RULE, SPECIFICATION
OR CONTRACT PERTAINING THERETO.
Important Health, Safety and Warranty Information 5
SAMSUNG IS NOT LIABLE FOR
PERFORMANCE ISSUES OR
INCOMPATIBILITIES CAUSED BY YOUR
EDITING OF REGISTRY SETTINGS, OR YOUR
MODIFICATION OF OPERATING SYSTEM
SOFTWARE.
USING CUSTOM OPERATING SYSTEM
SOFTWARE MAY CAUSE YOUR DEVICE AND
DRAFT
APPLICATIONS TO WORK IMPROPERLY.
YOUR CARRIER MAY NOT PERMIT USERS TO
DOWNLOAD CERTAIN SOFTWARE, SUCH AS
CUSTOM OS.
SAFE™
(Samsung
Approved
For
Internal Use Only
Enterprise)
SAFE™: "SAFE™" (Samsung for Enterprise)
is a mark for a Samsung device which
has been tested against Samsung's
own internal criteria for interoperability
with certain third party security-related
Modification of Software solutions for MDM and VPN. The testing
includes field testing with local network
connection and menu tree testing which
tests functionality of the solutions in
conjunction with the Samsung device.
During the testing, the device is tested with
the security solutions to see if the solutions
work with the device as described by the
third party security solution providers. The
testing, for example, includes field testing
with local network connection and menu
tree testing which tests functionality of the
solutions in conjunction with the Samsung
device. For more information about
Samsung's SAFE™ program, please refer to
www.samsung.com/us/safe.
Disclaimer of Warranties: EXCEPT AS
OTHERWISE PROVIDED IN THEIR STANDARD
END USER LICENSE AND WARRANTY, TO THE
FULL EXTENT PERMITTED BY LAW SAMSUNG
ELECTRONICS CO., LTD., SAMSUNG
6 Important Health, Safety and Warranty Information
DRAFT
Internal Use Only
TELECOMMUNICATIONS AMERICA, LLC, technology security protection will be
AND THEIR AFFILIATES (COLLECTIVELY affected by features or functionality
REFERRED TO HEREIN AS THE "SAMSUNG associated with, among other things the
ENTITIES") EXPRESSLY DISCLAIM ANY e-mail platform, master data management,
AND ALL WARRANTIES, EXPRESS OR and virtual private network solutions
IMPLIED, INCLUDING ANY WARRANTY selected by the software provider, solution
OF MERCHANTABILITY, FITNESS FOR A provider or use r. Choice of an e-mail,
PARTICULAR PURPOSE, INTEROPERABILITY master data management, and virtual
OR NON-INFRINGEMENT, WITH RESPECT private network solution is at the sole
TO INFORMATION TECHNOLOGY discretion of the software provider, solution
SECURITY PROTECTION, SAFE™ DEVICES provider or user and any associated
AND APPLICATIONS TESTED WITH SAFE™ effect on information technology security
DEVICES. IN NO EVENT SHALL THE protection is solely the responsibility of
SAMSUNG ENTITIES BE LIABLE FOR ANY the software provider, solution provider
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, or user. For complete statement of limited
OR CONSEQUENTIAL DAMAGES OF ANY warranty, please refer to www.samsung.
KIND WHATSOEVER WITH RESPECT TO com/us/safe, available on the web and
INFORMATION TECHNOLOGY SECURITY where Samsung smartphones and mobile
PROTECTION, SAFE™ DEVICES OR devices are sold. [051214]
APPLICATIONS TESTED WITH SAFE™
DEVICES. In addition, information
Important Health, Safety and Warranty Information 7
Address:
1301 E. Lookout Drive
Internet
Address:
DRAFT
www.samsung.com
Do you have questions about your
Internal Use Only
Samsung Telecommunications America This section outlines the safety precautions
(STA), LLC associated with using your phone. The
terms “mobile device” or “cell phone” are
used in this section to refer to your phone.
Read this information before using your
Richardson, TX 75082 mobile device.
Phone: 1-800-SAMSUNG (726-7864) This device is capable of operating in Wi-Fi™
Phone: 1-888-987-HELP (4357) mode in the 2.4 and 5 GHz bands. The FCC
requires that devices operating within 5.15-
5.25 GHz may only be used indoors, not
outside, in order to avoid interference with
©2014 Samsung Telecommunications Mobile Satellite Services (MSS). Therefore,
America, LLC. Samsung is a registered this device is restricted from being used
trademark of Samsung Electronics Co., Ltd. outdoors when operating in frequencies
between 5.15-5.25 GHz.
Samsung Mobile Device?
For 24 hour information and assistance, we
offer a new FAQ/ARS System (Automated
Response System) at:
www.samsung.com/us/support
8 Important Health, Safety and Warranty Information
Certification Information
Your wireless phone is a radio transmitter
and receiver. It is designed and
manufactured not to exceed the exposure
limits for Radio Frequency (RF) energy
set by the Federal Communications
Commission (FCC) of the U.S. Government.
DRAFT
The FCC SAR limit incorporates a
substantial margin of safety to give
additional protection to the public
and to account for any variations in
measurements.
Internal Use Only
SAR
tests
are
conducted
using
standard
operating
positions
accepted
by
the
FCC
with the phone transmitting at its highest
certified
power
level
in
all
tested
frequency
bands.
Although
the
SAR
is
determined
at
the highest certified power level, the actual
Specific Absorption Rate (SAR) The RF exposure limit set by the FCC for
wireless mobile phones employs a unit
of measurement known as the Specific
Absorption Rate (SAR). The SAR is a
measure of the rate of absorption of RF
energy by the human body expressed in
units of watts per kilogram (W/kg). The FCC
requires wireless phones to comply with a
safety limit of 1.6 watts per kilogram
These FCC RF exposure limits are derived (1.6 W/kg).
from the recommendations of two expert
organizations: the National Council on
Radiation Protection and Measurement
(NCRP) and the Institute of Electrical and
Electronics Engineers (IEEE). In both cases,
the recommendations were developed by
scientific and engineering experts drawn
from industry, government, and academia
after extensive reviews of the scientific
literature related to the biological effects of
RF energy.
Important Health, Safety and Warranty Information 9
DRAFT
Internal Use Only
www.samsung.com/sar.
SAR
information
on
this
and
other
mobile
devices
can
be
accessed
online
on
the
FCC’s
website
through
http://transition.
fcc.gov/oet/rfsafety/sar.html.
To
find
information
that
pertains
to
a
particular
SAR level of the phone while operating can may not ensure compliance with FCC RF
be well below the maximum reported value. exposure guidelines. The FCC has granted
This is because the phone is designed to an Equipment Authorization for this
operate at multiple power levels so as to mobile device with all reported SAR levels
use only the power required to reach the evaluated as in compliance with the FCC RF
network. In general, the closer you are to a exposure guidelines.
wireless base station antenna, the lower the
power output of the phone.
Before a new model phone is available for
sale to the public, it must be tested and
certified to the FCC that it does not exceed
the SAR limit established by the FCC. Tes t s
for each model phone are performed in
positions and locations (e.g. at the ear and The SAR information for this device can also
worn on the body) as required by the FCC. be found on Samsung’s website:
For body-worn operation, this phone has
been tested and meets FCC RF exposure
guidelines when used with an accessory
that contains no metal and that positions
the mobile device a minimum of 1.5 cm
from the body. Use of other accessories
10 Important Health, Safety and Warranty Information
GPS
&
AGPS
DRAFT
Internal Use Only
This
device
is
designed
to
receive
wireless
emergency
alerts
from
the
Commercial
Mobile Alerting System ("CMAS"; which may
model, this site uses the device FCC provider has chosen to participate in
ID number which is usually printed CMAS/PLAN, alerts are available while in
somewhere on the case of the device. the provider's coverage area. If you travel
Sometimes it may be necessary to remove outside your provider's coverage area,
the battery pack to find the number. Once wireless emergency alerts may not be
you have the FCC ID number for a particular available. For more information, please
device, follow the instructions on the contact your wireless provider.
website and it should provide values for
typical or maximum SAR for a particular
phone. Additional SAR information can also Certain Samsung mobile devices can use a
be obtained at: Global Positioning System (GPS) signal for
www.fcc.gov/encyclopedia/specific- location-based applications. A GPS uses
absorption-rate-sar-cellular-telephones. satellites controlled by the U.S. Government
that are subject to changes implemented
Commercial Mobile Alerting System in accordance with the Department of
(CMAS) Defense policy and the 2008 Federal
Radio navigation Plan (FRP). Changes may
affect the performance of location-based
technology on your mobile device.
also be known as the Personal Localized Certain Samsung mobile devices can
Alerting Network ("PLAN")). If your wireless also use an Assisted Global Positioning
Important Health, Safety and Warranty Information
11
Use of AGPS in Emergency Calls
Your Location
DRAFT
AGPS has limitations and might not work in
your area. Therefore:
• Always tell the emergency responder
your location to the best of your ability;
and
Internal Use Only
System (AGPS), which obtains information provider, applications providers, Samsung,
from the cellular network to improve GPS and other third-parties providing services.
performance. AGPS uses your wireless
service provider's network and therefore
airtime, data charges, and/or additional When you make an emergency call,
charges may apply in accordance with your the cellular network may activate AGPS
service plan. Contact your wireless service technology in your mobile device to tell the
provider for details. emergency responders your approximate
location.
Location-based information includes
information that can be used to determine
the approximate location of a mobile
device. Mobile devices which are
connected to a wireless network transmit
location-based information. Additionally, if •
Remain on the mobile device for as long
you use applications that require location- as the emergency responder instructs
based information (e.g. driving directions), you.
such applications transmit location-
based information. The location-based
information may be shared with third-
parties, including your wireless service
12 Important Health, Safety and Warranty Information
DRAFT
Internal Use Only
Navigation Emergency Calls
Maps, directions, and other navigation- This mobile device, like any wireless mobile
data, including data relating to your device, operates using radio signals,
current location, may contain inaccurate wireless and landline networks, as well as
or incomplete data, and circumstances user-programmed functions, which cannot
can and do change over time. In some guarantee connection in all conditions,
areas, complete information may not be areas, or circumstances.
available. Therefore, you should always Therefore, you should never rely solely on
visually confirm that the navigational any wireless mobile device for essential
instructions are consistent with what communications (medical emergencies,
you see before following them. All users for example). Before traveling in remote or
should pay attention to road conditions, underdeveloped areas, plan an alternate
closures,
traffic, and all other
factors that method of contacting emergency services
may impact safe driving or walking. Always personnel. Remember, to make or receive
obey posted road signs. any calls, the mobile device must be
switched on and in a service area with
adequate signal strength.
Important Health, Safety and Warranty Information 13
1.
If
the
mobile
device
is
not
on,
switch
it on.
2.
Open
your
phone
dialer.
DRAFT
FCC
Hearing
Aid
Compatibility
(HAC)
The U.S. Federal Communications
Commission
(FCC)
has
established
Internal Use Only
requirements for digital wireless mobile
devices to be compatible with hearing aids
Emergency calls may not be possible on all To make an emergency call:
wireless mobile device networks or when
certain network services and/or mobile
device features are in use. Check with local
service providers. If certain features are in
use (call blocking, for example), you may 3.
Enter the emergency number for your
first need to deactivate those features present location (for example, 911 or
before you can make an emergency other official emergency number),
call. Consult your User Manual and your then tap Call/Send. Emergency
local cellular service provider. When numbers vary by location.
making an emergency call, remember
to give all the necessary information as
accurately as possible. Remember that Regulations for Wireless Devices
your mobile device may be the only means
of communication at the scene of an
accident; do not cut off the call until given
permission to do so.
and other assistive hearing devices.
When individuals employing some assistive
hearing devices (hearing aids and cochlear
implants) use wireless mobile devices,
14 Important Health, Safety and Warranty Information
M-Ratings:
Wireless
mobile
devices
rated
M3
or
M4
meet
FCC
requirements
and
are
likely
to
generate
less
interference
to
hearing devices than mobile devices that
DRAFT
T-Ratings: Mobile devices rated T3 or T4
meet FCC requirements and are likely
to
generate
less
interference
to
hearing
devices than mobile devices that are not
Internal Use Only
they may detect a buzzing, humming, device is the best way to evaluate it for your
or whining noise. Some hearing devices personal needs.
are more immune than others to this
interference noise, and mobile devices
also vary in the amount of interference they
generate.
The wireless telephone industry has are not labeled. M4 is the better/higher of
developed a rating system for wireless the two ratings. M-ratings refer to enabling
mobile devices to assist hearing device acoustic coupling with hearing aids that do
users find mobile devices that may be not operate in telecoil mode.
compatible with their hearing devices. Not
all mobile devices have been rated. Mobile
devices that are rated have the rating on
their box or a label located on the box.
The ratings are not guarantees. Results labeled. T4 is the better/higher of the two
will vary depending on the user's hearing ratings. T-ratings refer to enabling inductive
device and hearing loss. If your hearing coupling with hearing aids operating in
device happens to be vulnerable to telecoil mode.
interference, you may not be able to use a
rated mobile device successfully. Tr yin g
out the mobile device with your hearing
Important Health, Safety and Warranty Information 15
DRAFT
Internal Use Only
wireless
mobile
device.
A
sum
of
6
or
more
Hearing devices may also be rated. Your However, these are not guarantees that
hearing aid manufacturer or hearing health all users will be satisfied. T ratings work
professional may help you find this rating. similarly.
Higher ratings mean that the hearing
device is relatively immune to interference
noise.
Under the current industry standard,
American National Standards Institute
(ANSI) C63.19, the hearing aid and wireless
mobile device rating values are added
together to indicate how usable they are
M3
+
M2
= 5
together. For example, if a hearing aid
meets the M2 level rating and the wireless
mobile device meets the M3 level rating,
the sum of the two values equals M5.
Under the standard, this should provide
the hearing aid user with normal use while
using the hearing aid with the particular
T3
+
T2
= 5
would indicate excellent performance.
16 Important Health, Safety and Warranty Information
HAC for Newer Technologies
This phone has been tested and rated
for use with hearing aids for some of the
wireless technologies that it uses. However,
DRAFT
aids.
It is important to try the different features
Internal Use Only
hear
any
interfering
noise.
Consult
your
service
provider
or
the
manufacturer
of
this phone for information on hearing aid
compatibility. If you have questions about
The HAC rating and measurement return or exchange policies, consult your
procedure are described in the American service provider or phone retailer.
National Standards Institute (ANSI) C63.19 Caution!
Some applications or prolonged
standard. usage may increase device
temperature. Prolonged skin
contact with a device that is
hot to the touch may produce
skin discomfort or redness, or
low-temperature burns. If the
device feels hot to the touch,
there may be some newer wireless discontinue use and close all
technologies used in this phone that have applications or turn off the device
not been tested yet for use with hearing until it cools. Always ensure
that the phone has adequate
ventilation and air flow. Covering
the device with bedding, your
of this phone thoroughly and in different body, thick clothing or any other
locations, using your hearing aid or materials that significantly
cochlear implant, to determine if you affect air flow may affect the
performance of the phone and
poses a possible risk of fire or
explosion, which could lead to
serious bodily injuries or damage
to property.
Important Health, Safety and Warranty Information 17
End User License Agreement for
Software
Health/Safety
and
Warranty
Guide
DRAFT
Internal Use Only
Restricting Children's Access to Your Online Legal Information
Mobile Device
Your mobile device is not a toy. Do not allow
children to play with it because they could
hurt themselves and others, damage the The EULA for this device can be found:
mobile device, or make calls that increase Online at: www.samsung.com/us/Legal/
your mobile device bill. SamsungLegal-EULA2.
Keep the mobile device and all its parts
and accessories out of the reach of small
children. The online version of the Health/Safety
and Warranty guide for your device can be
found at:
English: www.samsung.com/us/Legal/
Phone_HSGuide.
Spanish: www.samsung.com/us/Legal/
Phone_HSGuide_SP.
18 Important Health, Safety and Warranty Information
General
Terms
and
Conditions of Service
Please note that these terms may not be
the
most
current
version.
A
current
version
of
the
terms
is
available
at
our
website
at
sprint.com/termsandconditions or upon
request.
DRAFT
software,
or
Devices
on
your
account
with
us.
“Service(s)”
also
includes
any
other
product
or
service
that
we
offer
or
provide
sprint.com/espanol
.
Internal Use Only
The Service Agreement
These Ts&Cs are part of your service
agreement with us (the “Agreement”)
and constitute a contract under which
we provide you Services under terms
“you,” “your,” “customer,” and “user” mean
an account holder with us or any user of our
Devices or Services; (3) “Device” means any
phone, aircard, mobile broadband device,
any other device, accessory, or other
product that we provide you, we sell to you,
or is active on your account with us; and
(4) “Service” means Sprint-branded offers,
rate plans, options, wireless services, billing
services, applications, programs, products,
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
to you that references these General Term s
and Conditions of Service (“Ts&Cs”).
Basic Definitions
In this document: (1) “we,” “us,” “our,”
and “Sprint” mean Sprint Solutions,
Inc., as contracting agent on behalf of
the applicable Sprint affiliated entities
providing the products and Services; (2)
v.7-1-13 General Terms and Conditions of Service 19
Additional Term s
DRAFT
Internal Use Only
and conditions that you accept. THIS to you; and (iv) the terms set forth in the
AGREEMENT CONTAINS A MANDATORY coverage map brochures. It is important
ARBITRATION PROVISION WITH A CLASS that you carefully read all of the terms of
WAIVER, A REPRESENTATIVE ACTION the Agreement.
WAIVER, AND A JURY WAIVER PROVISION.
In addition to these Ts&Cs, there are several
parts of the Agreement, which includes Additional terms will apply when you use
but is not limited to the following: (i) the certain applications, programs, Devices,
subscriber agreement and transaction and services, and these terms will be
materials that you receive and accept; provided to you prior to your use of the
(ii) the plan(s) that you chose as set forth items. Depending on who provides the
in our written services and transaction items, the terms may come from Sprint or
materials that we provide or refer you to a third party. You are subject to any terms
during the sales transaction, including provided by the third party, and the terms
on-line and telephone transactions (if your are directly between you and that third
service plan is not specifically set forth in party. Sprint is not responsible for these
any in-store brochure or printed materials, third-party items and associated terms.
the requirements and terms set forth in the Additional terms will also apply if you
current written Agreement and transaction activate Services as part of a bundle with
materials apply); (iii) any confirmation another company’s services (for example,
materials and invoices that we may provide cable services, home phone services,
20 General Terms and Conditions of Service v.7-1-13
Our Policies
DRAFT
When
You
Accept
The
Agreement
Internal Use Only
etc.). The additional terms for bundled requirements regarding organization
Services may either modify or replace discounts will be provided to you.
certain provisions in these Ts&Cs, including
terms relating to activation, invoicing,
payment, and disputing charges. Also, Services are subject to our business
a different dispute resolution provision policies, practices, and procedures
may apply to services provided by (“Policies”). You agree to adhere to all of our
another company (the dispute resolution Policies when you use our Services. Our
provisions in this Agreement will still apply Policies are subject to change at anytime
to our Services). You will be provided with or without notice.
details on any additional terms with your
selection of any bundled Service. For
employee and organization discounts, You must have the legal capacity to accept
the discount percentage may vary from the Agreement. You accept the Agreement
month-to-month based on the terms of when you do any of the following: (a)
the agreement between your employer, accept the Agreement through any printed,
association, or organization and Sprint. The oral, or electronic statement, including on
discount will be zero after your agreement the Web by electronically marking that you
or your organization’s agreement with have reviewed and accepted; (b) attempt
Sprint ends. Additional terms and eligibility to or in any way use the Services; (c) pay
for the Services; or (d) open any package
v.7-1-13 General Terms and Conditions of Service 21
Term Commitments
&
Early
Commitment
and
Early
Termination
Fee
requirements prior to selecting Services.
After
you
have
satisfied
your
Te rm
DRAFT
Commitment,
your
Services
continue
on
a
month-to-month
basis
under
the
then-
current
Terms
and
Conditions
and
Service
policies.
Services
offered
on
a
subscription
fee (“Early Termination Fee”) for each line
of Service that you terminate early (i.e.,
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prior to satisfying the Te r m Commitment)
or for each line of Service that we
terminate early for good reason (for
example, violating the payment or other
terms of the Agreement) but such Early
Termination Fee will be prorated based on
or start any program that says you are your remaining Term Commitment. Early
accepting the Agreement when doing so. Termination Fees are a part of our rates. Any
If you don’t want to accept the Agreement, Te rm Commitment, the length of the Ter m
don’t do any of these things. Commitment, and the applicable Early
Termination Fee amounts and proration
will be disclosed to you during the sales
Termination Fees transaction. Carefully review any Te rm
Sprint provides a variety of Services, some
of which require you to maintain Your
Services on a month to month basis or for
a minimum term, usually
1
or 2 years ( “ Term
Commitment”). If your Agreement contains
a Term Commitment, you will be charged a
basis, as described in the “Account
&
Service Charges” section, may not
require a Te rm Commitment and may not
automatically renew. As explained directly
below, there are instances when you will
not be responsible for an Early Termination
Fee for terminating Services early.
22 General Terms and Conditions of Service v.7-1-13
Termination Fee
for
which
you
qualify.
We
will
provide
you
notice
of
material
changes—and
we
may
provide
you
notice
of
non-material
changes—in
a
manner
consistent
with
this
Agreement
(see
“Providing
Notice
To
Each
Other
Under
The
Agreement”
section).
If a change we make to the Agreement
is
material
and
has
a
material
adverse
DRAFT
effect
on
Services
under
your
Term
Commitment,
you
may
terminate
each
line
Our Right To Change The Agreement
&
Your Related Rights
Internal Use Only
When You Don’t Have To Pay An Early plan is no longer supported or available,
we may change your rate plan to one
You aren’t responsible for paying an
Early Termination Fee when terminating
Services: (a) provided on a month-to-month
basis; (b) provided on a subscription basis
that do not include a Term Commitment;
(c) consistent with our published trial
period return policy; or (d) in response to a
materially adverse change that we make to
the Agreement as described directly below.
of Service materially adversely affected
without incurring an Early Termination
Fee only if: (a) you call us within 30 days
We may change any part of the Agreement after the effective date of the change; (b)
at any time, including, but not limited to, you specifically advise us that you wish
rates, charges, how we calculate charges, to cancel Services because of a material
discounts, coverage, technologies used change to the Agreement that we have
to provide services, or your terms of made; and (c) we fail to negate the change
Service. If you lose your eligibility for a after you notify us of your objection to it.
particular rate plan or if a particular rate
v.7-1-13 General Terms and Conditions of Service 23
Our Right To Suspend Or Terminate
We can, without notice, suspend or
terminate any Service at any time for any
DRAFT
reason. For example, we can suspend or
terminate any Service for the following: (a)
Your Right To Change Services
&
When Changes Are Effective
Internal Use Only
If you do not notify us and cancel Service or abusing the Agreement or Policies;
within 30 days of the change, an Early (h) providing false, inaccurate, dated,
Termination Fee will apply if you terminate or unverifiable identification or credit
Services before the end of any applicable information or becoming insolvent or
Term Commitment. bankrupt; (i) modifying a Device from its
manufacturer specifications (for example,
rooting the device); (j) failing to use our
Services Services for an extended period of time;
(k) failing to maintain an active Device in
connection with our Services; or (l) if we
believe the action protects our interests,
any customer’s interests, or our networks.
late payment; (b) exceeding an Account
Spending Limit; (c) harassing/threatening/
abusing/offending our employees or
agents; (d) providing false or inaccurate The account holder can typically change
information; (e) interfering with our Services upon request. In some instances,
operations; (f) using/suspicion of using changes may be conditioned on payment
Services in any manner restricted by or of an Early Termination Fee or certain other
inconsistent with the Agreement and charges, or they may require a new Te rm
Policies; (g) breaching, failing to follow, Commitment. Changes to Services are
24 General Terms and Conditions of Service v.7-1-13
DRAFT
Your Right To Terminate Services
Internal Use Only
Credit Checks
&
Credit Information
usually effective at the start of the next full connection with your Service, we reserve
invoicing cycle. If the changes take place the right to terminate your Service, and if
sooner, your invoice may reflect pro-rated you are subject to a Term Commitment,
charges for your old and new Services. We you may be charged all or part of an Early
may, but are not obligated to, provide you Termination Fee. You are responsible
the opportunity to authorize someone else for all charges billed or incurred prior to
to make changes to your Services, which deactivation. If Services are terminated
will include the authority to make changes before the end of your invoicing cycle,
that will extend your Te r m Commitment. we won’t prorate charges to the date of
You are responsible for any changes to your termination and you won’t receive a credit
Services made by a person you authorize, or refund for any unused Services. Except
and those changes will be treated as as provided above, if you are subject to an
modifications to this Agreement. Early Termination Fee, you must also pay
the invoiced Early Termination Fee for each
line of Service that you terminate early.
You can terminate Services at any time
by calling us and requesting that we
deactivate all Services. In addition, if you We agree to provide you Services on the
return or provide your Device to Sprint condition that you have and maintain
and fail to either deactivate service on satisfactory credit according to our
the Device or activate another Device in standards and policies. You agree to
v.7-1-13 General Terms and Conditions of Service 25
An
ASL
is
a
temporary
or
permanent
limit
(typically
based
on
credit
history,
payment
history,
or
to
prevent
fraud)
that
we
place
on
the
amount
of
unpaid
charges
you
can
accumulate
on
your
account,
regardless
of
when
payment
on
those
charges
is
due.
We
reserve
the
right
to
determine
which
charges
count
toward
an
ASL.
If
you
have
an
ASL,
we
may
suspend
your
Services
DRAFT
without
prior
notice
if
your
account
balance
reaches
the
ASL,
even
if
your
account
is
not
past
due.
We
may
impose
or
increase
an
ASL
at
any
time
with
notice.
An
ASL
is
for
our
benefit
only
and
should
not
be
Internal Use Only
relied
on
by
you
to
manage
usage.
We may at any time require a deposit
as a guarantee of payment for you to
provide information that we may request Account Spending Limits ( “ASL”)
or complete any applications that we
may provide you to facilitate our review.
We rely on the credit information you
furnish, credit bureau reports or other data
available from commercial credit reference
services, and other information (such as
payment history with us) to determine
whether to provide or continue to provide
you Services. The Services we offer you
can vary based on your credit history.
We may at any time, based on your credit
history, withdraw or change Services or
place limits or conditions on the use of our
Services. You agree to provide us updated
credit information upon request. We may
provide your payment history and other
account billing/charge information to Deposits
&
Returning Deposits
any credit reporting agency or industry
clearinghouse.
establish or maintain Service (“Deposit”).
26 General Terms and Conditions of Service v.7-1-13
Restrictions On Using Services
DRAFT
Internal Use Only
By providing us a Deposit, you grant us a state authorities to the extent required by
security interest for all current or future law.
amounts owed to us. We may change the
Deposit at any time with notice. You can’t
use a Deposit to make or delay payments. You can’t use our Services: (a) in a way
The Deposit, the length of time we hold the that could cause damage or adversely
Deposit, and changes to the Deposit are affect any of our other customers or our
determined based on your credit history, reputation, networks, property, or Services;
payment history, and other factors. Unless or (b) in any way prohibited by the terms
prohibited by law, we may mix Deposits of our Services, the Agreement, or our
with our other funds and it won’t earn Policies. You cannot in any manner resell
interest, and we reserve the right to return the Services to another party. For additional
the Deposit as a credit on your invoice at restrictions on the use of our Services, see
anytime. If your Services are terminated for our Acceptable Use Policy and Visitors
any reason, we may keep and apply your Agreement, which are available on our
Deposit to any outstanding charges. We’ll website, and the detailed plan or other
send any remaining portion of the Deposit information on Services that we provide or
to your last known address within 90 days refer you to during the sales transaction.
after your final invoice—if it is returned to
us, we will forward it on to the appropriate
v.7-1-13 General Terms and Conditions of Service 27
We
don’t
manufacture
any
Device
that
we
might
sell
to
you
or
that
is
associated
with
our
Services,
and
we
aren’t
responsible
for
any
defects,
acts,
or
omissions
of
the
manufacturer.
The
only
warranties
on
your
Device
are
the
limited
warranties
given
to
you
by
the
manufacturer
directly
or
that
we
pass
through.
Device
performance
may
vary
based
on
device
specifications
DRAFT
(for
example,
a
device’s
software,
memory,
and storage), and device performance
may
impact
access
to
all
of
our
Services.
Your
Device
is
designed
to
be
activated
visit
sprint.com
or
call
1-888-211-4727
for
Internal Use Only
information
and
eligibility
requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers
to or from us will be successful. If you
authorize another carrier to transfer
Your Device, Number
&
Email Address example, through publication, use, etc.)—
proprietary, ownership, or other rights to
any phone number, identification number,
email address, or other identifier that we
assign to you, your Device, or your account.
We’ll notify you if we decide to change
or reassign them. Your CDMA Sprint PCS
phone may have software programming
lock that protects certain of the handset’s
operating parameters against unauthorized
reprogramming. If your device has a
software programming lock, and you wish
to obtain the software program lock code
for your CDMA Sprint PCS phone, please
on our networks and in other coverage
areas that we may make available to you.
As programmed, it will not accept wireless
service from another carrier. Except for any
legal right you may have to port/transfer
your phone number to another carrier,
you have no—and cannot gain any (for
28 General Terms and Conditions of Service v.7-1-13
Coverage; Where You r Device Will
DRAFT
problems,
network
or
Internet
congestion,
software,
signal
strength,
your
Device,
structures,
buildings,
weather,
geography,
topography,
server
speeds
of
the
websites
you
access,
actions
of
third
parties,
Internal Use Only
etc.)-may
result
in
dropped
and
blocked
connections,
slower
Service
speeds,
or
otherwise impact the quality of Service.
Services
that
rely
on
location
information,
such
as
E911
and
GPS
navigation,
depend
on
your
Device’s
ability
to
acquire
satellite
a number away from us, then that is guaranteed. Coverage is subject to
considered a request by you to us to change without notice. Service speeds
terminate all of the Services associated may depend on the Service purchased.
with that number. You’re responsible Actual speeds will vary. Estimating
for all charges billed or incurred prior to wireless coverage, signal strength, and
deactivation and for any applicable Early Service speed is not an exact science.
Termination Fees. There are gaps in coverage within our
estimated coverage areas that-along
with other factors both within and
Work; Service Speeds beyond our control (for example, network
Our coverage maps are available at our
authorized retail locations and on sprint.
com. The specific network coverage you
get will depend on the radio transmissions
your Device can pick up and Services
you’ve chosen. Our coverage maps
provide high level estimates of our
coverage areas when using Services
outdoors under optimal conditions.
Coverage isn’t available everywhere.
Coverage and Service speeds are not
v.7-1-13 General Terms and Conditions of Service 29
Roaming
DRAFT
About Data Services
&
Content
Internal Use Only
signals (typically not available indoors) generally indicate when you’re roaming.
and network coverage. While your Device Depending on your Services, separate
is receiving a software update, you may be charges or limits on the amount of minutes
unable to use your Device in any manner used while roaming may apply. Certain
until the software update is complete. Services may not be available or work the
same when roaming (for example, data
Services, voicemail, call waiting, etc.). For
The term “roaming” typically refers to information on whether roaming applies,
coverage on another carrier’s network that see your service plan details.
we may make available to you based on
our agreements with other carriers. These
agreements may change from time to time, Our data Services and your Device may
and roaming coverage is subject to change allow you to access the Internet, text,
without notice. Your ability to receive pictures, video, games, graphics, music,
roaming coverage depends on the radio email, applications, sound, and other
transmissions your Device can pick up and materials (“Data Content”) or send Data
the availability of roaming coverage. We Content elsewhere. Some Data Content
make no guarantee that roaming coverage is available from us or our vendors, while
will be available. Roaming coverage other Data Content can be accessed from
may exist both within and outside our others (for example, third party websites,
network coverage areas. Your Device will games, ringers, applications, etc.). We
30 General Terms and Conditions of Service v.7-1-13
DRAFT
Internal Use Only
make absolutely no guarantees about as certain websites, applications, etc.);
the Data Content that you access on your impose separate charges; limit throughput
Device. Data Content may be: (1) unsuitable or the amount of data that you can transfer;
for children/minors; (2) unreliable or or otherwise limit or terminate Services. If
inaccurate; or (3) offensive, indecent, or we provide you storage for Data Content
objectionable. You’re solely responsible that you have purchased, then we may
for evaluating the Data Content accessed delete the Data Content without notice
by you or anyone through your Services. or place restrictions/limits on the use of
We strongly recommend that you monitor storage areas. Data Content stored on a
data usage by children/minors. Data Device, transmitted over our networks, or
Content from third parties may also harm stored by Sprint may be deleted, modified,
your Device or its software. We are not or damaged. You may not be able to
responsible for any Data Content. We are make or receive voice calls while using
not responsible for any damage caused by data Services. Data Content provided by
any Data Content that you access through our vendors or third parties is subject to
your Services, that you load on your Device, cancellation or termination at any time
or that you request that our representatives without notice to you, and you may not
access or load on your Device. To protect receive a refund for any unused portion of
our networks and Services or for other the Data Content.
reasons, we may place restrictions on
accessing certain Data Content (such
v.7-1-13 General Terms and Conditions of Service 31
Using Data Services
In
addition
to
the
rules
for
using
all
of
our
other
Services,
unless
we
identify
the
Service
or
Device
that
you
have
selected
as
specifically
intended
for
that
purpose
If Sprint provides you software as part of the
Service and there are not software license
DRAFT
terms provided with the software (by Sprint
or by a third party), then Sprint grants you
a limited, revocable, non-exclusive, non-
transferable license to use the software to
access the Services for your own individual
Internal Use Only
use. You will not sell, resell, transfer,
copy, translate, publish, create derivative
works of, make any commercial use of,
modify, reverse engineer, decompile, or
disassemble the software. Sprint may
revoke this license at any time.
Specific Ter ms
&
Restrictions On computers or other equipment, unless we
identify the Service or Device you have
selected as specifically intended for that
purpose (for example, with “phone as
modem” plans, Sprint Mobile Broadband
card plans, wireless router plans, etc.).
(for example, wireless routers, Data Link, Software License
etc.), you can’t use our data Services: (1)
with server devices or host computer
applications or other systems that drive
continuous, heavy traffic or data sessions;
(2) as a substitute or backup for private lines
or frame relay connections; or (3) for any
other unintended use as we determine in
our sole discretion. We reserve the right
to limit, suspend, or constrain any heavy,
continuous data usage that adversely
impacts our networks’ performance or
hinders access to our networks. If your
Services include Web or data access, you
also can’t use your Device as a modem for
32 General Terms and Conditions of Service v.7-1-13
Charges
Based
on
our
Policies,
we
may
charge
activation,
prepayment,
reactivation,
program,
or
other
fees
to
establish,
change,
or
maintain
Services.
Certain
transactions
may
also
be
subject
to
a
charge
(for
example,
convenience
payment,
changing
phone
numbers,
handset
upgrades,
etc.).
DRAFT
You
will
be
provided
notice
of
these
types
of
fees
before
we
complete
the
requested
transaction.
Account
&
Service
Charges
You are responsible for all charges
Internal Use Only
associated with your account and the
Services on your account, no matter
who adds or uses the Services. Charges
include, but are not limited to, the monthly
recurring charges, usage charges, charges
for additional services, taxes, surcharges,
Fees, Activation
&
Miscellaneous and fees associated with your Services.
These charges are described or referred
to during the sales transaction, in our
marketing materials, and in confirmation
materials that we may send to you.
Depending on your Services, charges for
additional services may include operator
and directory assistance, voicemail, call
forwarding, data calls, texts, and Web
access. If you (the account holder) allow
end users to access or use your Devices,
you authorize end users to access,
download, and use Services. Yo u may
have the opportunity to purchase Services
on a subscription basis where we assess
subscription charges that allow you
access to the Services and/or provide you
a certain amount of use of the Services for
a defined period of time. Depending on
your Service, certain types of subscription
charges may be assessed automatically
v.7-1-13 General Terms and Conditions of Service 33
DRAFT
Internal Use Only
How We Calculate Yo ur Charges For
Regular Voice Calls: We round up partial
minutes of use to the next full minute.
upon activation and automatically Time starts when you press “ Ta lk” or your
assessed for subsequent subscription Device connects to the network and stops
periods. Subscription Services offered on a when you press “End” or the network
recurring basis do not end until terminated connection otherwise breaks. You’re
by you or us. Subscription charges for charged for all calls that connect, even
recurring Services occur at the beginning to answering machines, voicemail, or
of each bill cycle. Information regarding voice transcription services. Yo u won’t be
your bill cycle for subscription Services will charged for unanswered calls or if you get
be provided when you order the Services. a busy signal. For incoming calls answered,
For Services offered on a per-day basis, you you’re charged from the time shortly before
will generally be charged for use before or the Device starts ringing until you press
at the time of use. In certain instances, we “End” or the network connection otherwise
may charge you at some point after you use breaks. If charges vary depending on the
the Services. Unless otherwise disclosed, time of day that you place or receive calls
Services offered on a per-day basis end 24 (for example, Nights and Weekend plans),
hours after Service is initiated. you’re charged for the entire call based on
the rate that applies to the time period in
which the call starts. Call time for a single
Billing Purposes call may be subject to a maximum duration
and may be automatically terminated if
the maximum duration is exceeded. Rates
34 General Terms and Conditions of Service v.7-1-13
Push-to-Talk
Charges:
Charges
for
push-to-
talk
calls
are
billed
to
the
person
who
starts
the
call
and
calculated
by
multiplying
the
duration of the call by the applicable rate
and
number
of
participants.
You’re
charged
DRAFT
at
least
6
seconds
of
airtime
for
each
call
Internal Use Only
that vary based on the time of access will connected to our network. Depending
be determined based on the location of on your plan, nationwide, international,
the network equipment providing service or group push-to-talk calls may use the
and not the location of your Device or your local push-to-talk minutes in your plan and
Device’s area code (if applicable). result in additional or different charges.
Responses to call alert transmissions are
treated as new push-to-talk transmissions
even when responding within 6 seconds
of receiving the alert. Push-to-talk billing
methods are subject to change as we
introduce new push-to-talk Services.
you start; subsequent communications in Data Usage: Unless we specifically tell you
the same call are rounded up to and billed otherwise, data usage is measured in bytes,
to the next second. Time begins when you kilobytes, megabytes, and gigabytes—
press any button to start a push-to-talk call not in minutes/time. 1024 bytes equals
1
and ends approximately 6 seconds after kilobyte (“KB”), 1024 KB equals
1
megabyte,
completion of a communication to which and 1024 megabytes equals
1
gigabyte.
no participant responds. Subsequent push- Bytes are rounded up to KB, so you will
to-talk communications are considered be charged at least
1
KB for each data
new calls. Charges apply for the entire usage session (“data session”). Rounding
period of time the push-to-talk call is occurs at the end of each data session,
v.7-1-13 General Terms and Conditions of Service 35
DRAFT
Your Bill
Internal Use Only
and sometimes during a data session. re-sent data; and data associated with
Depending on your data Services, usage unsuccessful attempts to reach websites
may be charged against an allowance or or use applications. These data charges
on a fixed price per KB, and you may be are in addition to any charges for the Data
subject to limitations on the amount of data Content itself (game, ringer, etc.). Data used
usage. If you are charged on a fixed price and charged to you will vary widely, even
per KB, any fractional cents will be rounded between identical actions or data sessions.
up to the next cent. You are charged for Estimates of data usage—for example, the
all data directed to your Device’s Internet size of downloadable files—are not reliable
address, including data sessions you did predictors of actual usage. Your bill won’t
not initiate and for incomplete transfers. separately list the number of KB attributed
As long as your Device is connected to our to a specific action/data session.
data networks, you may incur data charges.
Examples of data for which you will be
charged includes the size of a requested Your bill provides you notice of your
file or Data Content (game, ringer, etc.); charges. It reflects monthly recurring
Web page graphics (logos, pictures, charges (usually billed one bill cycle in
banners, advertisement, etc.); additional advance), fees, taxes, Surcharges, product
data used in accessing, transporting, and equipment charges, subscription
and routing the file on our network; data charges, and usage/transaction specific
from partial or interrupted downloads; charges (usually billed in the bill cycle
36 General Terms and Conditions of Service v.7-1-13
Payment
is
due
in
full
as
stated
on
your
bill.
If
we
do
not
receive
payment
in
full
by
the
date
specified
on
your
bill,
a
late
payment
charge,
which
may
be
charged
at
the
highest
rate
permissible
by
law,
may
change
from
time
to
time.
Your
bill
may
also
include
other
important
notices
(for
example, changes to your Agreement,
to
your
Service,
legal
notices,
etc.).
Your
DRAFT
paper
bill
may
not
include
itemized
billing
detail.
More
specific
billing
information
is
available
online.
Paper
bills
may
be
subject
to
an
additional
charge.
Unless
prohibited
by
law,
other
charges
(for
example,
data
Internal Use Only
Services
or
taxes
and
surcharges)
will
not
include
itemized
detail
but
will
be
listed
as
total
charges
for
a
category.
If
you
choose
Internet
billing,
you
will
not
receive
paper
bills.
in which they’re incurred). Some usage Your Payments; Late Fees
charges, such as those that depend on
usage information from a third party, may
be billed in subsequent bill cycles and
result in higher than expected charges
for that month. Bill cycles and dates may
be applied to the total unpaid balance.
We may also charge you any costs we
pay to a collection agency to collect
unpaid balances from you. If we bill you
for amounts on behalf of a third party,
payments received are first applied to our
charges. You may be charged additional
fees for certain methods of payment. We
may charge you, up to the highest amount
permitted by law, for returned checks or
other payments paid by you and denied
for any reason by a financial institution.
Acceptance of payments (even if marked
“paid in full”) does not waive our right to
collect all amounts that you owe us. We
v.7-1-13 General Terms and Conditions of Service 37
Taxes
&
Government Fees
DRAFT
Internal Use Only
Surcharges
may restrict your payment methods to Regulatory and Administrative charges;
cashier ’s check, money order, or other gross receipts charges, and other charges.
similar secure form of payment at any time Surcharges are not taxes, and we are
for good reason. not required by law to assess them. They
are part of our rates we choose, at our
discretion, to collect from you, to recover
You agree to pay all federal, state, and local certain costs and are kept by us. The
taxes, fees, and other assessments that number and type of Surcharges will be
we’re required by law to collect and remit provided on your invoice and may vary
to the government on the Services that we depending upon the location of the billing
provide to you. These charges may change address of the Device and can change over
from time to time without advance notice. time. We determine the amount for these
If you’re claiming any tax exemption, you charges, and these amounts are subject
must provide us with a valid exemption to change, as are the components used to
certificate. Ta x exemptions generally won’t calculate these amounts. We will provide
be applied retroactively. you notice of any changes to Surcharges in
a manner consistent with this Agreement
(see “Providing Notice To Each Other
You agree to pay all Sprint surcharges Under The Agreement” section). However,
(“Surcharges”), which may include, but are because some Surcharges are based on
not limited to: Federal Universal Service; amounts set by the government or based
38 General Terms and Conditions of Service v.7-1-13
Disputing Charges - You Must Still Pay
Anydisputetoachargeonyourbillmustbe
DRAFT
madewithin60daysofthedateofthebill
thatinitiallycontainedthecharge.Disputes
canonlybemadebycallingorwritingusas
directedonyourinvoiceorelsewhere.You
acceptallchargesnotproperlydisputed
Internal Use Only
withintheabovetimeperiod—undisputed
Your Privacy
website. To review the policy, visit
sprint.
com/legal/privacy.html
. This policy may
on government formulas, it will not always or the rights of others; or (2) optimize or
be possible to provide advance notice of improve the overall use of our networks
new Surcharges or changes in the amount and Services. Some of these actions
of existing Surcharges. Information on may interrupt or prevent legitimate
Surcharges is provided during the sales communications and usage-for example,
transaction and is available on our website. message filtering/blocking software
to prevent spam or viruses; limiting
throughput; limiting access to certain
Undisputed Charges websites, applications, or other Data
Content; prohibitions on unintended uses
(for example, use as a dedicated line, or use
as a monitoring service), etc. For additional
information on what we do to protect
our customers, networks, Services, and
equipment, see our Acceptable Use Policy
and Visitors Agreement at our website.
chargesmuststillbepaidasstatedonyourbill.
Protecting Our Network
&
Services Our Privacy Policy is available on our
We can take any action to: (1) protect
our networks, our rights and interests,
v.7-1-13 General Terms and Conditions of Service 39
Call
Monitoring:
To
ensure
the
quality
of
our
Services
and
for
other
lawful
purposes,
we
may
monitor
or
record
calls
you
make
to us or we make to you (for example, your
conversations
with
our
customer
service
or
sales
departments).
Authentication and Contact: You (the
DRAFT
account
holder)
may
password
protect
personal identification number (“PIN”). You
may
also
set
a
backup
security
question
and answer in the event you forget your PIN.
You agree to protect your PIN, passwords,
Internal Use Only
and
other
account
access
credentials
like your backup security question from
loss or disclosure. You further agree that
Sprint
may,
in
our
sole
discretion,
treat
any
person who presents your credentials that
we deem sufficient for account access as
change from time to time, so review it with you or an authorized user on the account
regularity and care. for disclosure of information or changes
in Service. You agree that we may contact
you for Service-related reasons through
the contact information that you provide,
through the Services or Devices to which
you subscribe, or through other available
means, including text message, email, fax,
recorded message, mobile, residential or
business phone, or mail.
your account information by establishing a CPNI: As we provide telecommunications
products and Services to you (the account
holder), we develop information about
the quantity, technical configuration,
type, location, and destination of
telecommunications products and
Services you use, as well as some other
information found on your bill (“CPNI”).
Under federal law, you have the right and
we have a duty to protect the confidentiality
of your CPNI. For example, we implement
40 General Terms and Conditions of Service v.7-1-13
Information
on
Devices:
Your
Device
may
contain
sensitive
or
personal
information
DRAFT
Internal Use Only
safeguards that are designed to protect party’s terms and conditions and policies,
your CPNI, including authentication including its privacy policy. Be sure that you
procedures when you contact us. For have reviewed and are comfortable with
some accounts with a dedicated Sprint the third party’s policies before using its
representative, we may rely on contacting application on your device.
your pre-established point of contact as the
standard authentication measure.
Third-Party Applications: If you use a (for example, pictures, videos, passwords,
third-party application, the application or stored credit card numbers). Sprint
may access, collect, use, or disclose your is not responsible for any information
personal information or require Sprint on your Device, including sensitive or
to disclose your information—including personal information. If possible, you
location information (when applicable)—to should remove or otherwise safeguard any
the application provider or some other sensitive or personal information when
third party. If you access, use, or authorize your Device is out of your possession or
third-party applications through the control, for example when you relinquish,
Services, you agree and authorize Sprint exchange, return, or recycle your Device.
to provide information related to your By submitting your Device to us, you
use of the Services or the application(s). agree that our employees, contractors, or
You understand that your use of third- vendors may access all of the information
party applications is subject to the third on your Device. If you exchange, return,
v.7-1-13 General Terms and Conditions of Service 41
Location-Enabled Services
DRAFT
911 Or Other Emergency Calls
Internal Use Only
You agree that any authorized user may
access, use, or authorize Sprint or third-
or recycle your Device through us, we party location-enabled applications
typically attempt to erase all data on your through the Services. Yo u understand
Device, but you must remove all data from that your use of such location-enabled
your Device before you provide it to us. applications is subject to the application’s
terms and conditions and policies,
including its privacy policy. If you activate
Our networks generally know the location location-enabled services for devices used
of your Device when it is outdoors and/or by other authorized users, you agree to
turned on. By using various technologies inform the authorized user(s) of the terms
to locate your Device, we can provide of use for location-enabled applications
enhanced emergency 911 services and and that the Device may be located.
optional location-enabled services
provided by us or a third party. Network
coverage or environmental factors (such as Public safety officials advise that when
structures, buildings, weather, geography, making 911 or other emergency calls, you
landscape, and topography) can should always be prepared to provide your
significantly impact the ability to access location information. Unlike traditional
your Device’s location information and use wireline phones, depending on a number
of location-enabled services. of factors (for example, whether your
Device is GPS-enabled, where you are,
whether local emergency service providers
42 General Terms and Conditions of Service v.7-1-13
Call us immediately if your Device is lost or
stolen because you may be responsible for
usage charges before you notify us of the
alleged loss or theft. A lost or stolen Device
does not reduce or remove your Te rm
Commitment. You will remain liable for any
monthly recurring charges associated with
the Service on your Device after you notify
DRAFT
us of the alleged loss or theft. You agree to
cooperate if we choose to investigate the
matter (provide facts, sworn statements,
etc.). We may not waive any applicable Early
Termination Fees if you choose to terminate
Services as a result of loss or theft of your
Internal Use Only
Device.
UNLESS
EXPRESSLY
PROVIDED
IN
WRITING
OTHERWISE,
WE
MAKE
NO
REPRESENTATIONS OR WARRANTIES,
have upgraded their equipment, etc.), If Your Device Is Lost or Stolen
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 Disclaimer of Warranties
prompts when interacting with emergency
service providers employing interactive
voice response systems to screen calls.
v.7-1-13 General Terms and Conditions of Service 43
DRAFT
You Agree That We Are Not
Internal Use Only
You agree that neither we nor our parent,
subsidiary, or affiliate companies, nor
our vendors, suppliers, or licensors are
responsible for any damages, delay,
EXPRESS OR IMPLIED, INCLUDING (TO THE interruption or other failure to perform
EXTENT ALLOWED BY LAW) ANY IMPLIED resulting from: (a) anything done or not
WARRANTY OF MERCHANTABILITY, done by someone else; (b) providing or
NON-INFRINGEMENT, OR FITNESS FOR failing to provide Services, including, but
A PARTICULAR PURPOSE CONCERNING not limited to, deficiencies or problems
YOUR SERVICES (INCLUDING YOUR DEVICE with a Device or network coverage (for
AND ANY SOFTWARE OR APPLICATIONS example, dropped, blocked, interrupted
ON YOUR DEVICE). WE DON’T PROMISE Services, etc.); (c) traffic or other accidents,
UNINTERRUPTED OR ERROR-FREE SERVICES or any health-related claims relating to our
AND DON’T AUTHORIZE ANYONE TO Services; (d) Data Content or information
MAKE WARRANTIES ON OUR BEHALF. accessed while using our Services; (e)
SPRINT PROVIDES ALL SOFTWARE AND an interruption or failure in accessing or
APPLICATIONS ON AN “AS IS” BASIS WITH attempting to access emergency services
ALL FAULTS, ERRORS, AND DEFECTS. from a Device, including through 911,
Enhanced 911 or otherwise; (f) interrupted,
failed, or inaccurate location information
Responsible For Certain Problems services; (g) information or communication
that is blocked by a spam filter; (h) damage
to your Device or any computer or
equipment connected to your Device, or
damage to or loss of any information stored
44 General Terms and Conditions of Service v.7-1-13
DRAFT
Internal Use Only
on your Device, computer, equipment, THAN THE PROPORTIONATE AMOUNT OF
or Sprint storage space from your use of THE SERVICE CHARGES ATTRIBUTABLE
the Services or from viruses, worms, or TO THE AFFECTED PERIOD. UNDER NO
downloads of malicious content, materials, CIRCUMSTANCES ARE WE LIABLE FOR ANY
data, text, images, video, or audio; or (i) INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
things beyond our control, including acts MULTIPLE, OR SPECIAL DAMAGES OF ANY
of God (for example, weather-related NATURE WHATSOEVER ARISING OUT OF
phenomena, fire, earthquake, hurricane, OR RELATED TO PROVIDING OR FAILING TO
etc.), riot, strike, war, terrorism, or PROVIDE SERVICES IN CONNECTION WITH
government orders or acts. You should A DEVICE, INCLUDING, BUT NOT LIMITED
implement appropriate safeguards TO, LOST PROFITS, LOSS OF BUSINESS, OR
to secure your Device, computer, or COST OF REPLACEMENT PRODUCTS AND
equipment and to back up your information SERVICES.
stored on each.
You Agree That Our Liability Is Limited -
No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR
LIABILITY FOR MONETARY DAMAGES
FOR ANY CLAIMS THAT YOU MAY HAVE
AGAINST US IS LIMITED TO NO MORE
v.7-1-13 General Terms and Conditions of Service 45
ARBITRATION
Instead of suing in court, you and
Sprint agree to arbitrate all Disputes (as
DRAFT
Internal Use Only
DISPUTE RESOLUTION AND Mandatory Arbitration and Waiver of
Class
Action
PLEASE READ THIS CAREFULLY; IT AFFECTS
YOUR
RIGHTS defined below) on an individual, non-
In those rare instances where your representative, basis. You agree that, by
concern is not resolved to your entering into this Agreement, you and
satisfaction through calls to our Sprint are waiving the right to a trial by
customer care, you and Sprint each jury or to participate in a class action or
agree to try to resolve those disputes representative action. This agreement
in good faith after you provide written to arbitrate is intended to be broadly
notice of the dispute as set forth below. interpreted.
If the dispute is not resolved, you and In arbitration, there is no judge or jury.
Sprint agree that the dispute will be Instead Disputes are decided by a neutral
resolved through individual binding third-party arbitrator in a more informal
arbitration or small claims court, instead process than in court. In arbitration, there
of courts of general jurisdiction. is limited discovery and the arbitrator’s
decision is subject to limited review by
courts. However, just as a court would,
the arbitrator must honor the terms of
the Agreement and can award damages
46 General Terms and Conditions of Service v.7-1-13
“Disputes” shall include, but are not
limited
to,
any
claims
or
controversies
against
each
other
related
in
any
way
to
or arising out of in any way our Services
or
the
Agreement,
including,
but
not
limited
to,
coverage,
Devices,
billing
services and practices, policies, contract
practices
(including
enforceability),
DRAFT
service
claims,
privacy,
or
advertising,
even if the claim arises after Services
have
terminated.
Disputes
also
include,
but
are
not
limited
to,
claims
that:
(a)
you or an authorized or unauthorized
Internal Use Only
user
of
the
Services
or
Devices
bring
against
our
employees,
agents,
affiliates,
or other representatives; (b) you bring
and relief, including any attorneys’ fees Services or the Agreement; or (c) that
authorized by law. Sprint brings against you. Disputes also
include, but are not limited to, (i) claims
in any way related to or arising out of any
aspect of the relationship between you
and Sprint, whether based in contract,
tort, statute, fraud, misrepresentation,
advertising claims or any other legal
theory; (ii) claims that arose before this
Agreement or out of a prior Agreement
with Sprint; (iii) claims that are subject to
on-going litigation where you are not a
party or class member; and/or (iv) claims
that arise after the termination of this
Agreement.
Dispute Notice and Dispute Resolution
Period
against a third party, such as a retailer or Before initiating an arbitration or a small
equipment manufacturer, that are based claims matter, you and Sprint each agree
on, relate to, or arise out of in any way our to first provide to the other a written
v.7-1-13 General Terms and Conditions of Service 47
and
supporting
information;
and
(b)
a
statement
of
the
specific
relief
sought.
DRAFT
Internal Use Only
notice (“Notice of Dispute”), which shall the Notice of Dispute, you or Sprint may
contain: (a) a written description of commence an arbitration proceeding or
the problem and relevant documents small claims action.
ArbitrationTerms, Process,Rulesand
A Notice of Dispute to Sprint should be Procedures
sent to: General Counsel; Arbitration (1) Unless you and Sprint agree
Office; 12502 Sunrise Valley Drive, otherwise, the arbitration will be
Mailstop VARESA0202-2C682; Reston, conducted by a single, neutral arbitrator
Virginia 20191. Sprint will provide a and will take place in the county of
Notice of Dispute to you in accordance the last billing address of the Service.
with the “Providing Notice To Each The arbitration will be governed by
Other Under The Agreement” section either: (a) rules that we mutually agree
of this Agreement. Sprint will assign a upon; or (b) the JAMS Comprehensive
representative to work with you and try to Arbitration Rules
&
Procedures (the
resolve your Dispute to your satisfaction. “JAMS Rules”), as modified by this
You and Sprint agree to make attempts to agreement to arbitrate, including the
resolve the Dispute prior to commencing rules about the filing, administration,
an arbitration or small claims action. discovery and arbitrator fees. The
If an agreement cannot be reached JAMS rules are available on its website
within forty-five (45) days of receipt of at jamsadr.com. Notwithstanding any
48 General Terms and Conditions of Service v.7-1-13
(3) The arbitrator may award declaratory
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
DRAFT
Internal Use Only
JAMS Rule to the contrary or any other the Minimum Standards in that regard
provision in arbitration rules chosen, by will apply. However, nothing in this
agreement, to govern the arbitration, we paragraph will require or allow you
each agree that all issues regarding the or Sprint to arbitrate on a class-wide,
Dispute are delegated to the arbitrator representative or consolidated basis.
to decide, except that only a court (and
not the arbitrator) shall decide any
disagreements regarding the scope
and enforceability of this agreement to
arbitrate.
(2) The Federal Arbitration Act (“FAA”) claim. YOU AND SPRINT AGREE THAT
applies to this Agreement and arbitration EACH MAY BRING CLAIMS AGAINST
provision. We each agree that the FAA’s THE OTHER ONLY IN AN INDIVIDUAL
provisions—not state law—govern all CAPACITY, AND NOT AS A CLASS
questions of whether a Dispute is subject MEMBER IN ANY PUTATIVE CLASS OR
to arbitration. To the extent that this REPRESENTATIVE PROCEEDING. Further,
agreement to arbitrate conflicts with the unless both you and Sprint expressly
JAMS Policy on Consumer Arbitrations agree otherwise, the arbitrator may not
Pursuant to Pre-Dispute Clauses consolidate more than one person’s
Minimum Standards for Procedural claims, and may not otherwise preside
Fairness (the “Minimum Standards”), over any form of a representative or
v.7-1-13 General Terms and Conditions of Service 49
(4)
We
each
are
responsible
for
our
respective costs, including our
respective
counsel,
experts,
and
witnesses.
Sprint
will
pay
for
any
filing
or
case management fees associated with
the
arbitration
and
the
professional
fees
DRAFT
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN
ANY WAY PROCEEDS IN COURT RATHER
Internal Use Only
THAN IN ARBITRATION, REGARDLESS
OF WHETHER THE CLAIM IS AN ACTION,
COUTERCLAIM OR ANY OTHER COURT
PROCEEDING, WE EACH AGREE THAT TO
THE EXTENT ALLOWED BY LAW, THERE WILL
NOT BE A JURY TRIAL OR CLASS ACTION
class proceeding. If any portion of this (6) As an alternative to arbitration, we
provision is found to be unenforceable, may resolve Disputes in small claims
then the entirety of this arbitration court in the county of your most
provision shall be null and void. recent billing address. In addition, this
arbitration agreement does not prevent
you from bringing your Dispute to the
attention of any federal, state, or local
government agency. Such agencies can,
if the law allows, seek relief against Sprint
on your behalf.
for the arbitrator’s services.
(5) An arbitrator’s award will be a written
statement of the disposition of each
claim and will also provide a concise
written statement of the essential
findings and conclusions which form
the basis of the award. The arbitrator’s
decision and award is final and binding,
with some limited court review under the
FAA, and judgment on the award may be
entered in any court with jurisdiction.
50 General Terms and Conditions of Service v.7-1-13
Providing Notice To Each Other Under
DRAFT
Internal Use Only
AND WE EACH UNCONDITIONALLY (1) “Location-Enabled Services” section);
WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) failure to safeguard your passwords,
WAIVE ANY RIGHT TO PURSUE DISPUTES ON backup question to your shared secret
A CLASSWIDE BASIS, INCLUDING JOINING question, or other account information;
A CLAIM WITH THE CLAIM OF ANY OTHER or violating this Agreement or any policy
PERSON OR ENTITY OR ASSERT A CLAIM referenced in this Agreement, any
IN A REPRESENTATIVE CAPACTITY ON applicable law or regulation, or the rights of
BEHALF OF ANYONE ELSE IN ANY OTHER any third party.
PROCEEDING.
Indemnification The Agreement
You agree to indemnify, defend, and hold Except as the Agreement specifically
Sprint and our subsidiaries, affiliates, provides otherwise, you must provide us
parent companies, vendors, suppliers, and notice by calling or writing us as instructed
licensors harmless from any claims arising on your invoice. We will provide you notice
out of or relating to your actions, including, through one or more of the following:
but not limited to, your use of the Service in your bill, correspondence to your last
and any information you submit, post, known billing address, to any fax number
transmit, or make available via the Service; or email address you’ve provided us, by
failing to provide appropriate notices calling you on your Device or any other
regarding location-enabled services (see phone number you’ve provided us, by
v.7-1-13 General Terms and Conditions of Service 51
Contacting You Regarding Billing and
You expressly authorize, and specifically
consent to allowing Sprint and any
of Sprint’s agents to contact you in
connection with any and all matters
DRAFT
relating to unpaid past due charges you
owe Sprint. You agree that, for attempts
to collect unpaid past due charges, Sprint
and any of its agents may contact you at
Other Important Te rm s
Internal Use Only
Subject to federal law or unless the
Agreement specifically provides otherwise,
this Agreement is governed solely by the
laws of the state encompassing the billing
address of the Device, without regard
voice message on your Device or any other private address and is not accessible to
phone number you’ve provided us, or by unauthorized third parties. For attempts to
text message on your Device. collect unpaid charges, you agree that in
addition to individual persons attempting
to communicate directly with you, any type
Collections of contact described above may be made
using, among other methods, pre-recorded
or artificial voice messages delivered by
an automatic telephone dialing system,
pre-set email messages delivered by an
automatic emailing system, or any other
pre-set electronic messages delivered by
any other automatic electronic messaging
system.
any mailing address, telephone number,
cellular phone number, email address, or
any other electronic address that you have
provided, or may in the future provide, to
Sprint. You agree and acknowledge that
any email address or any other electronic
address that you provide to Sprint is your
52 General Terms and Conditions of Service v.7-1-13
DRAFT
Internal Use Only
to the conflicts of law rules of that state. spoken agreements—you can’t rely on any
If either of us waives or doesn’t enforce contradictory documents or statements
a requirement under this Agreement in by sales or service representatives. The
an instance, we don’t waive our right to rights, obligations, and commitments in the
later enforce that requirement. Except Agreement that—by their nature—would
as the Agreement specifically provides logically continue beyond the termination
otherwise, if any part of the Agreement is of Services (for example, those relating to
held invalid or unenforceable, the rest of billing, payment, 911, dispute resolution,
this Agreement remains in full force and no class action, no jury trial) survive
effect. This Agreement isn’t for the benefit termination of Services.
of any third party except our corporate
parents, affiliates, subsidiaries, agents, and
predecessors and successors in interest. [End General Terms and Conditions of
You can’t assign the Agreement or any of Service]
your rights or duties under it, unless we
agree to the assignment. We can assign the
Agreement without notice. You cannot in
any manner resell the Services to another
party. The Agreement and the documents it
incorporates make up the entire agreement
between us and replaces all prior written or
v.7-1-13 General Terms and Conditions of Service 53
DRAFT
Please take care to visit only trusted
websites and download applications
only from trusted entities. Sprint has
no control over websites you visit
or applications and software you
Internal Use Only
download, and Sprint’s policies do not
apply to those websites, applications
or software. The websites you visit may
place “cookies” or other files on your
device when you visit them. Downloaded
applications or software may access, use
Important Message from Sprint
Important Information about this or share information on your device, like
device’s “open” architecture. This your contacts or your location.
device is an “open” device. What that Although Sprint is excited to allow our
means is that you are free to use it to customers to make their own choices
access the Internet as you see fit. You about the Internet sites you wish to
may go to websites you like and you visit or the applications or software
may download or use applications or you’d like to use, we do want to remind
software that you choose. you that Sprint is not able to help you
troubleshoot issues connected with
your use of non-Sprint applications or
software (such as the ones you may
select and download to your device).
Sprint also will not be able to provide
you credits for applications or software
that you download from sources other
than Sprint. And, Sprint is not liable for
the websites you visit or anything you
download or cause to be downloaded to
your device. Damage related to websites
visited or downloads to your device may
Important Message 54
not be covered by Sprint’s Service and
Repair policy, or your device insurance
policy. For more information about
Sprint’s policies, products or services,
please visit us at sprint.com.
DRAFT
Internal Use Only
55 Important Message
Other marks are the property of their respective owners.
GH68-XXXXXA
Printed
in
Korea
DRAFT
Internal Use Only
©2014 Sprint. Sprint and the logo are trademarks of Sprint.
SPT_X_IIB_Eng_PS_080114_R1