These Terms and Conditions of service ("Agreement") constitute an important agreement regarding the sale and delivery of wireless services and telephone handset and equipment to you by ComScape Telecommunications, Inc., DBA Kiwi PCS, or any of its affiliates ("us", "we", "our" "Kiwi PCS" or "ComScape"). This Agreement replaces and supersedes all previous versions of the Terms and Conditions, if any.

 

Kiwi PCS customer or user of this Website agrees and is bound by the Terms, Conditions and Privacy Policy set forth below. This agreement applies to the use of this Website as well as to the use of Kiwi PCS products and services purchased from Kiwi PCS store/kiosk or its direct representative(s) or from its authorized dealers and agents. General: Kiwi PCS terms and conditions apply to the services offered to our customers. When you buy our service and/or use our service, with or without the buyer's consent, you are considered customers. Please dial 611 from your Kiwi PCS Phone if you should have any questions or do not agree with these terms and condition immediately. By signing up for, paying for the Kiwi PCS, or using our wireless service, you agree to these terms and conditions. Kiwi PCS service is provided at its own discretion. The service may be cancelled at anytime without prior notice. These terms and conditions may be changed time to time and shall become binding, so please check Kiwi PCS Website at www.KiwiPCS.com, regularly.

 

You agree not to use Kiwi PCS services in any way that is illegal, fraudulent or abusive. If you violate these terms and conditions phone service may be cancelled without any notice to you. Service: Kiwi PCS Service is limited to the operating range of the Kiwi PCS wireless network within your service coverage area. You will not be able to use your wireless phone outside of your service area for any calls, including local calls and long distance calls. Please contact us for information regarding the extent of your service area. The service we provide on radio signals transmitted over our network. Many factors, outside of our control can affect your ability to make and receive calls on your wireless phone and the quality of those calls. These factors include your location at the time of trying to make or receive a call, the conditions of the atmosphere, the terrain topography, and the nearby buildings and other structures. In addition, there may be times when you cannot make calls or it is difficult to make calls on our network. Sometimes service, including calls or attempted calls to emergency services like 911 may be interrupted or may fail and the quality of calls may sometimes be poor. Kiwi PCS reserves the right to block certain 9xx, 7xx, 5xx, and 8xx numbers from being dialed successfully. You agree to hold Kiwi PCS harmless against any and all claims, demands, actions or other causes of action (including actions by third parties) arising out of the use or attempted use of the Kiwi PCS service. Any statements by Kiwi PCS or ComScape, its employees, representatives or agents about the coverage of our Kiwi PCS network are intended only to describe Kiwi PCS' approximate effective coverage area in your service area. You should not interpret any such statements to mean that service will be available without interruption in any service area.

 

Kiwi PCS Famliy Plan is limited to a total of five(5) wireless lines(phones) per account. The total number includes the primary line for the account.

 

Our service is available through Kiwi PCS phones purchased directly from a Kiwi PCS store or from an authorized agent/dealer. You cannot use our service with any other phone or device. The phone number we give you is and will remain the property of Kiwi PCS. If you cancel service at any time to use another wireless service or because your account becomes inactive, we will recirculate the phone number and assign it to another customer. We may also change your number at any time, with a prior notice to you.

 

Charges: The Service Plan that you have signed up is part of this Agreement and sets forth the charges you have to pay for service, including monthly access fees and any applicable taxes and charges. The Service Plan that you subscribe, as modified by us from time to time in accordance with this Agreement, will remain in effect. You are responsible for paying all charges for Service, including recurring monthly service charges; charges for optional features that you select, including long distance and directory assistance (411) calls; any Service reconnection charges that may apply; and all applicable taxes and late fees. You are responsible for all charges billed to your account, whether or not you were the user of the wireless phone. Balances may not be transferred between your Kiwi PCS basic service account and your Long Distance and Directory Assistance account. The payments are non-refundable, regardless of who actually uses or possesses your phone after you subscribe to Kiwi PCS. Long distance calls, local calls if applicable, are billed in one-minute increments, with a minimum time per call of one minute. Charges for calls begins when you press the "send" or "talk" button, and ends when you hit the end key or when both parties disconnect. Airtime rates are subject to change without prior notice. Contact Kiwi PCS Customer Service or contact us on our website at www.kiwipcs.com with any questions about our service. If you think there's been an error in a charge posted to your account, you need to notify us within 10 days after the charge is posted to your account balance to request an adjustment. Give Customer Service a call, just dial 611 from your Kiwi PCS Phone and we will help you. Changes: We may change your Service Plan and any applicable tariff, at any time. Any such changes will be effective upon a notice to you of the changes unless we notify you that the changes will become effective at a later date. You have the right to refuse to accept the changes. If you do not want to accept the changes, you must notify us in writing that you wish to terminate service. If you do not notify us that you wish to terminate service and/or if you continue to use the service after notification of the changes, you indicate your agreement to be bound by the changes.

 

Use of Service: You agree to use the Service in accordance with these terms and condition and to comply with all applicable laws. Kiwi PCS reserves the right to disconnect calls that are not in accordance with this agreement. You agree to indemnify, defend, and hold harmless Kiwi PCS and ComScape and any of their affiliates, employees and contractors from any violation by you of applicable statutes, ordinances or laws of any local, state, or federal authority. You may not use the service in any manner or for any purpose that contradicts any of the terms of this Agreement. Without limitation, the service may not be used for telemarketing, commercial research or commercial data collection; for any fraudulent, illegal or abusive purpose; for dispatch services; or in a manner that interferes or causes problems with the operation of Kiwi PCS' wireless network. You may not resell the service. The service may not be used continuously without break to create the functional equivalent of a telephone line dedicated to your use. In addition, the service may be used only for voice communications and may not be used for monitoring activities, to transmit data, or for any other one-way or two-way transmission application other than data services expressly offered to you by Kiwi PCS. Furthermore, Kiwi PCS service is not for resale and not to be used as trunk line or live broadcast.

 

Safety: Always use your telephone in a safe manner that does not create a risk to your safety or the safety of others around you. For example, it can be dangerous, and in some jurisdictions illegal, for you to use a wireless phone while driving. Be aware of and comply with the laws that apply to you when you are driving. If local law permits you to use a phone while driving, please use a "hand free" device that allows you to talk on your phone without holding it when you are driving. Verification: At any time, we may take any action that we believe necessary to verify or review your account activity or information you provide to us, including: verification of your billing or account information; review of your use of services and of your account to help assess the services we provide and performance of our network; and investigation of suspected prohibited use. We may share information we gather about you with third parties.

 

Billing and Payment: Except for long distance, international calls and directory assistance charges (which you can choose to purchase on the pre-paid basis described below in "Long Distance and Directory Assistance"), Service charges are billed in advance and are due before the first day of your monthly service period. You must promptly notify us of any change in your billing address. As a convenience, you may authorize recurring payment through a credit card; this authorizes us to charge all amounts you owe us to the credit card up to seven (7) business days prior to the due date and to demand immediate payment from the card issuer. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging service charges to that credit card. You must promptly notify us of any change in the credit card you want to use for payment. In addition, you may pay your Kiwi PCS bill by sending a check or money order by mail or by bringing cash or a check or money order in-person to any Kiwi PCS store or Kiwi PCS authorized payment center. You may have to pay an additional service charge if you make your payments in person and make payment with a help from a Kiwi PCS employee. In addition, we may charge an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason. We reserve the right, in our sole discretion, to require that you pay your Kiwi PCS bill with cash, certified check, cashier's check or money order. Your payment will be considered late if we do not receive it in our account before the first day of the monthly service period for which the payment is due. If you do not make all payments when they are due, you will be in default under this Agreement, and Kiwi PCS will be entitled to exercise any rights it may have under this Agreement, including the suspension or termination of service to you. Kiwi PCS is not required to provide you with any notification before suspending or terminating your service. If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses may include attorneys' fees and expenses, the fees of any collection agency, and court costs. You have the right to dispute charges on your bill, but you must notify us of the dispute in writing within 15 days after the billing date or you waive the dispute. Even if you have disputed any charges on your bill, you must pay all charges, including the disputed charge(s), on time until the dispute is resolved. If you do not pay the disputed charge(s) on time, you will be in default under this Agreement, and Kiwi PCS may exercise any rights it may have for non-payment of charges, including the suspension or termination of Service to you. If the dispute is resolved in your favor, we will refund the disputed charge(s) to you. Amounts paid for service charges are non-refundable. If your service is terminated for any reason, service charge payments, including payments for monthly service fees balances in your Kiwi PCS long-distance account, will not be refunded.

 

Long Distance, International Calling and Directory Assistance Service: Long distance, international calls and directory assistance is an optional feature and is available on a pre-paid basis. Long distance calls, international calls and directory assistance calls may only be made on your Kiwi PCS phone while within your Kiwi PCS service area. If you want to use Kiwi PCS' long distance, international calls and directory assistance services, you must pay in advance for the long distance service, international service and for directory assistance calls. You may make advance payments by dialing 611 on your Kiwi PCS phone and charging your purchase to your credit card. You may also make advance payments for long distance services and directory assistance calls when you mail your regular monthly service payment to us or when you pay in person at a Kiwi PCS payment center that is authorized to accept long distance/directory assistance advance payments. You may make purchases for your Kiwi PCS long distance/directory assistance account in increments established by us from time to time up to any maximum account balance. We will automatically deduct the per-minute charges plus applicable taxes, surcharges and fees for your use of long distance services and the per-call charges plus applicable taxes for your use of directory assistance services from your long distance/directory assistance account balance. For purposes of determining the per-minute length of your long distance call, your call will be rounded up to the nearest minute. Charges for a completed call from your wireless phone will begin when you press the "Send" or "Talk" key and will end when either party ends the call. Charges for uncompleted calls will begin when you press the "Send" or "Talk" key and will end when you end the call. You will not receive a long distance or directory assistance invoice and no call detail will appear on your monthly service invoice from Kiwi PCS. Your long distance call records may be obtained via the Internet at www.kiwipcs.com or for a fee, by writing to us at the address listed below under the "Notices" Section.

 

Termination: We may terminate your service at any time and for any reason, including excessive usage of minutes as solely determined by Kiwi PCS, without liability to us. Without limitation, if you breach any portion of this Agreement (including failing to pay your bill on time), we may suspend or terminate your service. Kiwi PCS is not required to provide you with any notification before suspending or terminating your Service. If we accept a late or partial payment, even if you mark the payment "paid in full", we do not waive our rights to suspend or terminate your service pursuant to this Section. If you promptly pay amounts that are overdue or cure any other breach of this Agreement, Kiwi PCS, in its sole discretion, may reconnect your service after you have paid any reconnection fees we have established. Wireless Phones and Accessories: The wireless phones you use with Kiwi PCS Service can only be used in your Kiwi PCS service area.

 

Suspension/Re-Connection and Deactivation/Re-Activation: You would need to reactivate your phone if your account is cancelled, like if you forget to pay by the due date, contact customer service to reinstate your account using a credit card or stop by a Kiwi Store. From the day you pay-in-advance and for 30 days after, your account is current. You can make unlimited local calls; and long distance calls at Kiwi PCS low rate while within the Kiwi coverage area. If you are late in paying by the due date, your account becomes past Due on the 31st day. Past Due means your account is suspended or deactivated. You can't make calls or, send text messages, or receive messages. If you pay-up within the 30 days after a suspension, your account will be reconnected for another 30 days and you get to keep you phone number. However, if you forget to pay past 30 days after a suspension. You lose your phone number. However, if you do not pay up by the 31st day, your account expires and we deactivate it. You lose your phone number and any privilege to use our service. At that point, you'll have to re-activate and go through an activation process again. Limitation of Liability: We are not liable for any indirect, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of services under this Agreement. We are not liable for any act or omission of any other company furnishing a part of our service or any equipment provided for such service, including for errors or omissions of any vendors participating in offers made through us, or for any damages that result from any product or service provided by or manufactured by third parties. Indemnification: You agree to indemnify and hold harmless Kiwi PCS, ComScape or any other affiliates, employees or any authorized agents/dealers from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys fees on account thereof resulting from the Customer's use of the service) whether based in contract or tort (including strict liability) and regardless of the form of action.

 

Warranties: Kiwi PCS does not manufacture wireless phone or other related equipment or accessories, therefore the only warranties in effect are those extended by the manufacturers. We have no liability in connection with the wireless phone and other equipment or accessories or for the manufacturer's acts or omissions. We make no warranties or representations, expressed or implied, including without limitation, regarding the service provided hereunder, including, but not limited to, warranty of title, warranty that the service is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties.

 

Subscriber information: We may, from time to time, use the information you provide us with to market services to you that may be related to our service offerings. We will always handle your information in a manner consistent with federal subscriber privacy laws and the Kiwi PCS privacy policy.

 

Choice of Law: Any complaint, arbitration or other legal action concerning the terms and conditions of this agreement shall be interpreted under the laws of the State of Florida. You agree to the jurisdiction of the courts of the state of Florida. Entire Agreement: This agreement includes any attachments or exhibits to this agreement, and together they constitute the entire agreement between you and Kiwi PCS with respect to our services and the terms and conditions under which they are offered and provided to you. Except as otherwise stated in this Agreement, this Agreement supercedes all oral or written communications and understandings between you and Kiwi PCS with respect to our services to you and the terms and conditions under which they are offered and provided to you.

 

Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

 

No Third Party Beneficiaries: No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Interception of Calls: Although it is illegal for unauthorized people to intercept wireless phone calls intended for others, Kiwi PCS cannot guarantee complete privacy of your calls. Kiwi PCS shall not be held liable to anyone for any interception by third parties of communications from its network.

 

Risk of Loss or Damage to Wireless Phones: Upon your acceptance of delivery of your wireless phone, all risk of loss, damage, theft, or destruction of your phone is borne by you. In the event of any loss, damage, theft, or destruction of your phone, in whole or in part, you are responsible for purchasing a replacement phone from Kiwi PCS, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service charges.

 

Notices: You may notify us by mail 3200 S. Congress Ave Suite 101 Boynton Beach, FL 33426 or via our Website at www.kiwipcs.com. Such notices will be considered effective as soon as we receive them. Any notice we send you will be sent to your last known address as shown on our records, via text messaging to your Kiwi PCS phone, or by e-mail to the last address as shown on your account records.

 

Any notice that Kiwi PCS mails to you will be deemed provided to you, to the extent permitted by applicable law, when Kiwi PCS deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records. You must notify us of any address changes. Failure to notify us of a change in your address constitutes a breach of this Agreement and possible grounds for suspension or termination of your Service. We reserve the right to provide notice to you by telephone, e-mail, text message on your Kiwi PCS phone, or voicemail service to the extent permitted by applicable law. Any such notice will be treated as provided to you when left with you, on your phone, or on your answering/voicemail service. Your notice to us shall be deemed given when received by us, whether by telephone, mail, or other means. Notices sent to us by mail should be sent to Customer Service, Kiwi PCS, 3200 S. Congress Ave Suite 101 Boynton Beach, FL 33426.

 

General Provisions Regarding This Agreement: If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us of any other provision of this Agreement, or of our right to enforce the provision we previously waived for any later violation. Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effects of this Agreement. You may not transfer or assign all or any part of your rights and obligations under this Agreement, or your service, without our prior written approval. Kiwi PCS may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you. Upon its transfer or assignment of this Agreement, Kiwi PCS shall be released from all liability with respect to this Agreement. This Agreement is not for the benefit of any third parties except our affiliates and any person or entity to whom we transfer or assign this Agreement.

 

Kiwi PCS Privacy Policy: Kiwi PCS, its parent corporation, its affiliates, authorized dealers and agents and vendors (collectively "Kiwi PCS") take reasonable measures to protect your messages and contents thereof from being read by unauthorized third parties without your permission. Kiwi PCS uses the state-of-the-art technology to ensure that the information from your messages and your personal data is protected and is only accessible to you by using your password and login name. Kiwi PCS complies with applicable government laws and regulations, including subpoenas, regarding personal and usage information about our customers. We may be required to monitor certain aspects of your account and your usage patterns to satisfy any government laws, regulations or orders.

 

Kiwi PCS uses the information about your personal preferences and choices that you provide us to learn more about your needs as a customer, to enhance our product and service offerings. Kiwi PCS also uses the information to generate reports with aggregate customer data for use in connection with our business.

 

Kiwi PCS may use the data about you as a customer to provide you with business messages and advertising about our services and products that we offer. We may also use your usage profile to determine the best products and services for you as well as for a general business purpose. We may also share the information about you with other third party businesses to make you aware of their offerings that may be of interest to you. You can instruct us not to share this information with any third party by writing to us at Kiwi PCS, 3200 S. Congress Ave Suite 101 Boynton Beach, FL 33426.

 

It is also understood that in connection with a potential sale, merger or transfer of all or part of its business interests, Kiwi PCS has the right to sell or transfer personally identifiable personal data that we have collected about you, without limitations, to a third party.

 

Kiwi PCS Refund Policy: As this is a payment for services on your Kiwi PCS account. There will be no refunds. If you have any questions, contact customer service by dialing 611 from your Kiwi PCS Phone.

 

These Terms, Conditions and Privacy policy may change from time to time without any prior notice to you. So, please check with us or through this Website regularly and periodically. Our Website address is www.kiwipcs.com.