Service Availability:
Service is available only if you are within the Fuzion Mobile GSM coverage area. Service may be interrupted due to system capacity limitations and system repairs or modifications. Service is subject to limitation or interruption caused by weather, terrain, obstructions such as trees or buildings and other conditions. Fuzion Mobile is not responsible for time lost or days lost for interruption of service caused by above mentioned. There will be no credits or refunds issued for any reason. 

Refunds:
Once your SIM is activated and the airtime is loaded onto your account, there will be no refunds, credits or disputes about coverage.  If you are unsure of Fuzion Coverage in your area, please call us at 1-888-937-3894 and we will verify coverage availability in your area.

Merchandise Returns:
Merchandise returned for any reason will be subject to a 20% restocking fee.  If merchandise is returned for a replacement due to a manufacturer's defect, the restocking fee will be waived.

Use of Device:
Only Certified & Approved Unlocked 850/1900 MHz GSM phones are compatible with Fuzion Mobile GSM service. You are responsible for the purchase and maintenance of your own phone.  Fuzion Mobile is not responsible for any injury that may occur from the use of any cell phone or the use of our service.

Service Activation:
To activate your account, you must purchase a Fuzion Mobile SIM card and airtime.  You may do this online, with an independent sales rep or by calling 1-888-YES-FUZION (1-888-937-3894). Once you have activated you will be enrolled in our Auto-Pin™ system, billing you every 30 days and autmatically adding airtime to your account. To opt out of auto-pay please notify a customer care representative 15 days prior to your bill date.

Account Balance:
Airtime or number of expiry days cannot be moved from one phone number to another phone number. You should take reasonable efforts to safeguard your phone and SIM card.  Airtime expires 30 days after it is added to your account whether you use your phone or not.

Cancellation:
Once your account expires, or your billing method is declined by your bank, you will have 14 days to add additional airtime.  If no airtime is added, your account will be cancelled. You will lose your number and you will need to purchase a new Fuzion Mobile SIM card with a new mobile number in order to continue service.   If you are on Auto-Pay using a credit or debit card, or a bank account draft as payment, we require a 15 day notice to cancel the automatic billing.  This means that you will need to call customer care 15 days prior to your next billing date.  If you are unsure of what that date is, please call customer care and they will assist you.  If your billing is declined you may update your billing information or make a payment by calling:
1-888-YES-FUZION (1-888-937-3894).

Use of Service/Rates:
You cannot use the service to place operator assisted calls such as third party billed, and collect calls. Customers are unable to place calls to 411, International numbers, or numbers that begin with 500, 700, 855, 900 or 976. Customers are also unable to forward calls, or send/receive premium SMS. If you are unable to successfully place a call out, attempt dialing with 1 + the area code + the 7-digit number. It is highly recommended that you power cycle your phone at least once per day to help re-register your phone within the network.

International & 411 Calls:
There will be no international or Standard 411 calls at this time on the Fuzion Mobile plan. International & 411 calls are billed at a higher rate per minute. There is not a way for the Fuzion Mobile billing system to charge accounts extra fees for these types of calls at this time.  Simply dial 1-800-FREE-411 from your handset, state the location and business type, connect to the business for free.

Additional Charges (when available):
Calls to International numbers and 411 calls will be billed at a higher rate (call customer service for rates). For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press “SEND” or other key to begin a call until approximately the time you press “END” key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Features such as call waiting, 3 way calling, call forwarding and voicemail will incur applicable airtime charges. We may charge activation, reactivation, or other fees to establish or maintain services. Certain transactions such as changing your mobile number may incur a charge.


Disputes:
Since you are on an Unlimited Plan, there will be no disputes about calls not connecting or dropped calls. For additional information please see “Service Availability”.

Promotional Items:
Fuzion Mobile reserves the right to cancel any promotion at any time.  It also reserves the right to substitute promotional gifts as inventory of such items dictates (sizes, colors etc.)  In the event that Fuzion Mobile has discontinued a promotional gift, or is substituting such promotional gift, member acknowledges that this practice is acceptable to them, and will hold Fuzion Mobile harmless from any claim that may arise out of such substitution.  Furthermore, Fuzion Mobile, Inc. is not responsible for any damage or injury that may incur with the use of a promotional item by the member. Cancellation Policy:
In order to cancel service,  call 1-888-YES-FUZION (1-888-937-3894).  You must be able to verify that you are the account holder.  You will not be entitled to any type of credit for the unused portion of your account balance if you decide to terminate service.

Suspending Service:
Fuzion Mobile will not suspend service if your phone was lost, stolen, misplaced, or broken. It is your responsibility to purchase a new Non-Active Fuzion Mobile SIM card and compatible phone immediately or you will lose your remaining airtime days. The expiration date on your account cannot be changed or extended for any reason.

Right to Terminate Service:
We reserve the right to cancel, interrupt or restrict service to your number, without notice if we suspect fraudulent, illegal or abusive activity, abnormally high amounts of usage, failure to maintain an appropriate account balance for applicable charges, for harassing our employees and/or harassing other Fuzion Mobile customers.

Release of Information:
Fuzion Mobile may release information about your account when we believe release is appropriate to comply with the law (i.e. subpoena, court order, E911 information etc.). There will be no call histories released to customers for any reason.

PUK Codes:
Please contact our US based customer care center at 1-888-937-3894 if your phone asks for a PUK code. Do not attempt guessing any codes because it will disable your SIM card. You will need to purchase a Non-Active Fuzion Mobile SIM card if you disable your SIM card.

Phone Codes:
If your phone is asking for ANY codes you are not aware of, do not attempt guessing any codes because it may disable your SIM card. You will need to purchase a Non-Active Fuzion Mobile SIM card if you disable your SIM card.

Account Information:
Any person that is able to verify your mobile number, SIM card number and/or account information is authorized by you to make changes to your account. We recommend that you associate a name & four digit code on your account to prevent others from making changes to your account.

Ability to change services:
You will have the ability to change from one rate plan to another upon request. Please contact our US based customer service at 1-888-937-3894. A new refill card will be needed when switching to a different rate plan. Fuzion Mobile will not transfer your remaining balance.

Charges that may be incurred on Flex Plans:
You are responsible for paying all charges such as airtime, maintenance fees, E911 fees, features, voicemail access from cellular phone, directory/operator assistance charges, the price of device and accessories etc. You will be billed regular airtime charges for calls made to 800, 866, 877, 888 and all other toll free calls. Domestic long distance calls will be billed at regular airtime charges. Calls to international numbers will be billed at a higher rate (call customer service for rates). For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "SEND" or other key to begin a call until approximately the time you press "END" key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Features such as call waiting, 3-way calling, call forwarding and voicemail will incur applicable airtime charges.

Restrictions:
You may not use our services to communicate any unsolicited commercial voice calls, text messages & etc. All calls must be made and received to a live person. We have the right to monitor all usage on active accounts. Any accounts with unreasonable or excessive usage (upon our discretion) will be cancelled.

Porting Policy:
Fuzion Mobile does not guarantee that number transfers to or from our company will be successful. If you request to port your number out to another company, it is necesary to do so before your airtime expires. Please call customer care to ensure your auto-pay is cancelled. Your remaining airtime will be forfeited and you will not receive a credit for the remaining balance. Fuzion Mobile will not release your wireless number to another carrier without proper verification. If you are attempting to change service providers, you will need to verify your four-digit pin as well as your Fuzion Mobile SIM card number in order to transfer your account.

Additional Terms of Service for DATA and MMS Customers:

Unlimited Multimedia Messaging:
Multimedia Messaging services are available only to Fuzion Mobile customers that are on an active Unlimited Plus Data Plan.  This service will only work if used with a compatible handset and proper Fuzion Mobile MMS configuration settings. Customers without MMS capable handsets that purchase the Fuzion Mobile Unlimited with Data plan will not receive credit for inability to send/ receive multimedia messages.

You should verify that your phone is MMS compatible before activating on the Fuzion Mobile Unlimited with Data plan. Fuzion Mobile is not responsible if you are unable to download, or save ringtones, games, or other multimedia content to your wireless device. The Fuzion Mobile Unlimited with Data service provides you with the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible handsets. Not all MMS handsets support all features of the service. MMS Customers cannot send and receive messages in MMS format with other mobile customers who do not have an MMS compatible handset and/or are not activated for MMS. If a Fuzion Mobile Unlimited MMS message is sent to a mobile handset that cannot receive the message in MMS format, the recipient of the message will be sent a text message telling the recipient their message can be viewed online. The recipient will need to have an SMS compatible handset and service to receive this message. The recipient can access the message via the website for up to 7 days before deletion.

There may be a delay between when a message is sent and when it is received. Fuzion Mobile accepts no liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or non delivery of a sent message. Recipients of your sent message must be within the coverage of their participating supplier's mobile network to receive a Multimedia message.

Mobile Web/Data:
Mobile Web, or Data, services are available only to customers of the Fuzion Mobile Unlimited with Data plan. This service will only work on compatible handsets that offer a web browser. It is your responsibility to ensure that your device is data capable before purchasing the Fuzion Mobile Unlimited with Data plan. No credits will be issued to customers of Fuzion Mobile using Unlimited with Data plan, if his or her phone does not support Mobile Web.

A data session consists from the time you access the Internet via the mobile device until you terminate the session. Each data session is billed in use per KB. There are 1024KB in one MB. Multiple sessions can be initiated within a 24-hour period and each will be counted as part of your monthly allotment as independent events. You are responsible for ending each data session. If you fail to end a session, the Internet will still be considered connected on your device, resulting in depletion of your Internet usage time, and will NOT be credited back to you by Fuzion Mobile for any reason.

If you use the allotted MB of data before the expiration of the 30-day period, you may choose to apply another month's service to begin a new data cycle. If you do not finish your allotted MB of data within your 30-day expiration period, you forfeit the remaining MB of usage. Remaining MB do not rollover to your next expiration period.

You may attempt to download ringtones and games via the Mobile Web. Fuzion Mobile is not responsible if you are unable to download, or save ringtones, games, or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable save the content to your phone. Fuzion Mobile will not issue any credits for this reason.

Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices, or contain high graphic content. Fuzion Mobile is not responsible for slow loading time when using data services, and will not issue credits for this reason.  Fuzion Mobile is not responsible for any claim arising from the use of its Data plan or MMS.  Including lost data, pictures, songs, or any electronic digital media of any format.

Flex Plan Multimedia Messaging:
Multimedia Messaging service is an optional feature available to Fuzion Mobile customers. This service will only work if used with a compatible handset. Customers without MMS capable handsets will not receive credit for inability to send/ receive multimedia messages. You should verify that your phone is MMS compatible before using this feature.

Any Multimedia Message you attempt to send or receive will deduct 20 cents from your account balance, whether it is successfully delivered or not, in addition to the daily access fee (if applicable).

You may attempt to download ringtones and games via Multimedia messaging. Fuzion Mobile is not responsible if you are unable to download, or save ringtones, games, or other multimedia content to your wireless device. You will still be charged a multimedia message, if you receive an MMS, but are not able to save the content to your phone. Fuzion Mobile will not issue any credits for this reason.

You will have the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible handsets. Not all MMS handsets support all features of the service. MMS Customers cannot send and receive messages in MMS format with other mobile customers who do not have an MMS compatible handset and/or are not activated for MMS. If a Fuzion Mobile MMS message is sent to a mobile handset that cannot receive the message in MMS format, the recipient of the message will be sent a text message telling the recipient their message can be viewed online. The recipient will need to have an SMS compatible handset and service to receive this message. The recipient can access the message via the website for up to 7 days before deletion. Please note, you will still be charged an MMS Message even if the recipient does not have MMS.

There may be a delay between when a message is sent and when it is received. Fuzion Mobile accepts no liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not delivery of a sent message. Recipients of your sent message must be within the coverage of their participating supplier's mobile network to receive a Multimedia message. If a recipient's phone is turned off, or out of coverage, the multimedia message is still considered sent, and you will still be charged 20 cents for the message.


Flex Plan Mobile Web/Data:
Mobile Web, or Data, service is an optional feature to the Flex Plans and is available only upon request / purchase. This service will only work on compatible handsets that offer a web browser. It is your responsibility to ensure that your device is data capable.

Data is measured and billed per KB, at $0.002/KB. There are 1024 KB in one MB of data. So, using one full MB of data will result in a $2.00 data charge. A data session consists from the time you access the Internet via the mobile device until you terminate the session. Multiple sessions can be initiated within a 24-hour period; each will be charged per KB you use, and billed as separate events.

You are responsible for ending each data session. If you fail to end a session, the Internet will still be considered connected on your device, and your account will still be charged $0.002/KB. Failure to log off of the Internet will result in depletion of your airtime. Fuzion Mobile will NOT issue credits for this reason.

You may attempt to download ringtones and games via the Mobile Web. Fuzion Mobile is not responsible if you are unable to download, or save ringtones, games, or other multimedia content to your wireless device. You will still be charged for data used when attempting to download multimedia content, even if you are unable save the content to your phone. Fuzion Mobile will not issue any credits for this reason.

Please note, although you may attempt to view any webpage using your mobile phone, not all websites are formatted for mobile devices. You may experience delays when attempting to load certain websites, especially those that are not formatted for wireless devices, or contain high graphic content. Fuzion Mobile is not responsible for slow loading time when using data services, and will not issue credits for this reason.


Fuzion Mobile's Right to Terminate Accounts with Excessive Usage:
Fuzion Mobile reserves the right to discontinue service to customers we feel are using our service in excess, or in a way that negatively impacts our network, as well as our ability to provide service to the larger group of customers who do not abuse the service. Fuzion Mobile's ability to provide quality service to our customers is disrupted when you place an abnormally high number of calls, have an excessive amount of calls with abnormally long call lengths, high or disproportionate use, or otherwise use our service in excess of our expectations and excessively over the normal amount of use by our customers. Fuzion Mobile reserves the right to manage our network and regulate the traffic on our network in a way that best benefits our customers and enables us to maintain the expected level of service as advertised.

In an effort to offer this service on a reliable basis and at a reasonable cost, Fuzion Mobile may choose to stop providing service to you if, by the sole judgment of Fuzion Mobile, your account appears to be: 1) placing an abnormally high amount of calls, 2) repeatedly placing calls with abnormally long call durations, 3) abnormal or in excessively high use, or 4) otherwise abusing unlimited privileges and in use that is disproportionate when compared to those of other customers active to Fuzion Mobile.

Fuzion Mobile Unlimited services are intended for use that is personal and initiated by an actual person. We solely provide service for 1) live dialogue between two individuals, 2) for personal text messaging purposes, 3) general web browsing, and 4) use that is generally associated with personal wireless access. Fuzion Mobile Unlimited services are not intended for communications such as Machine-to-Machine, telemarketing, autodialing, monitoring services, or any other commercial uses that result in excessive or unreasonable usage that disrupts or could otherwise harm the Fuzion Mobile Unlimited network and Fuzion Mobile's ability to provide quality service to other subscribers. Fuzion Mobile reserves the right to respond to such network abuse by fully terminating an account, with or without warning.

By initiating service on the Fuzion Mobile network, you acknowledge and agree to Fuzion Mobile's ability to modify or terminate your service if your account is considered to be in use for reasons within these listed restrictions. Fuzion Mobile may deny a request for service from you for any reason. Fuzion Mobile also reserves the right to cease serving you, and cancel your account completely if your account is used in any manner that is restricted according to these terms of service. Fuzion Mobile can and will take any action necessary to protect our network and ability to provide service to the greater majority of users, to improve the network and services provided to our customers, and to prevent usage that is harmful to our network and is against our intended uses of service. As an Fuzion Mobile customer, you are A) responsible for all actions performed on your wireless device when using Fuzion Mobile service, B) in full understanding of what is acceptable usage according to these terms of service and C) fully aware of our ability to terminate your service, should you be found to abusing the network in ways listed within these terms of service.

*Fuzion Mobile reserves the right to cancel service to all unlimited accounts with usage over 5,000 voice minutes within a 30-day period. 99% of Fuzion Mobile Unlimited customers use less than this figure within a 30-day period. 95% of Fuzion Mobile Unlimited customers use less than 2000 voice minutes within 30-days. Any accounts with unreasonable or excessive usage may be cancelled upon Fuzion Mobile's discretion. Excessive usage is based off the comparison to the average customer.

IMPORTANT INFORMATION PERTAINING TO ALL FUZION MOBILE CUSTOMERS:

BINDING ARBITRATION

Important: read this agreement carefully as it affects rights that you may otherwise have. It provides for resolution of all disputes and claims (including ones that already are the subject of litigation) through arbitration instead of suing in court in the event the parties are unable to resolve a dispute or claim. Per this agreement, Fuzion Mobile requires the use of individual arbitration rather than jury trials or class actions to resolve disputes, except for claims concerning the unauthorized sale, export, alteration and/or tampering of your Fuzion Mobile phone, Fuzion Mobile service and/or Fuzion Mobile SIM and PIN numbers. This arbitration clause shall survive termination of Fuzion Mobiles' agreement with you. Arbitration is binding and subject to only a very limited review by a court. Arbitration is more informal than litigation; using a neutral arbitrator instead of a judge or jury; allowing for less discovery and less appellate review than in court.

This provision is intended to encompass all disputes or claims arising from your relationship with Fuzion Mobile, arising from or relating to the service or any equipment used in connection with the service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall exclude Fuzion Mobile the ability to bring claims concerning the unauthorized sale, export, alteration, and/or tampering of your Fuzion Mobile phone, its software, Fuzion Mobile service, SIM cards and/or PIN numbers in state or federal court.

You must first present any claim or dispute to Fuzion Mobile by contacting customer care at (888) 937-3894, to allow an opportunity to resolve the dispute prior to initiating arbitration. All claims will be resolved by binding arbitration where permitted by law.

The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively "AAA rules"), as modified by this agreement. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You and Fuzion Mobile agree that use of the service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the federal arbitration act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Fuzion Mobile agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.

Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (I) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless Fuzion Mobile and you agree otherwise, the location of any arbitration shall be Seattle, Washington. Except where prohibited by law, Fuzion Mobile and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party's actual damages. Neither you nor Fuzion Mobile shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Any court having jurisdiction thereof may enter judgment on the award rendered.

This agreement shall be construed under the laws of Washington, without regard to its choice of law rules, except for the arbitration provision contained in these terms and conditions, which will be governed by the federal arbitration act. This governing law provision applies no matter where you reside, where you use service, or where you pay for the service.

Indemnification

You agree to indemnify, defend, and hold harmless Fuzion Mobile from any and all liabilities, penalties, fees, claims, and demands brought upon you by third parties resulting from use of your Fuzion Mobile phone and service including, but not limited to, any violation by you of the terms and conditions of this agreement, the policies, or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority, your use of the service and any information you submit, post, transmit or make available via the service, failing to provide appropriate notices regarding location-sensitive services, failure to safeguard your passwords, backup security question to your password or any other account information, or the rights of any third party.

Fuzion Mobiles' Right To Terminate Service

Fuzion Mobile may terminate or suspend your service at any time and for any reason without liability. If you breach any portion of this agreement (including failing to refill your account within the given expiration period), we may suspend, terminate or restrict your service. We can, without notice, restrict, suspend or end your service or any agreement with you at any time for any reason, including, but not limited to: (1) if you: (a) breach this agreement; (b) use your service for any purpose or in any way not permitted under this agreement or for any illegal purpose (c) use your service for engaging in conduct that adversely affects our customers, employees, business, or any other person; (d), use your service in ways that interfere with our operations, network, reputation, or ability to provide quality service; (e) engage in "spamming" or in other abusive or unsolicited communications; (f) steal from or lie to us; (g) interfere with our operations; (h) fail to follow our policies; (i) fail to use our services for an extended period of time; (j) use your service or wireless device in a manner that is excessive, unusually burdensome, or unprofitable to us; (k) use of our service exceeds our stated policies for use; or (2) if you, any user of your wireless device or any account manager on your account: (a) threaten, harass, abuse, offend or use vulgar and/or inappropriate language toward our representatives or any person whom they call using our service; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; or (d) use your service in a way that negatively affects our network or other customers.

Fuzion Mobile is not required to provide you with any notification before suspending, restricting, or terminating your service.

Acceptance of Terms

If you are a new customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following (a) activating service; (b) using your service after your service is activated; (c) making a change or addition to your service; (d) paying for the service. By doing any of the foregoing, you are indicating your intent to be bound by the terms and conditions of service of this agreement. If you are a new customer and you do not agree to this agreement, do not initiate service.

If you are an existing customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following: (a) using your service after your service is activated; (b) making a change or addition to your service; (c) using your service after you make a change or addition; or (d) paying for the service. If you are an existing customer and the service is provided to you under a prior agreement and you do not agree to this agreement, you must terminate service as set forth in the prior agreement; provided, however, that if you choose to terminate service you will still be bound by the prior agreement, including your obligation to pay any outstanding amounts and your agreement to arbitrate disputes.

If you have any questions, do not activate or use your service, and contact Fuzion Mobile or its authorized agents to have your questions answered.

By initiating or continuing service in the aforementioned ways, you agree to use Fuzion Mobile service in accordance with this agreement and to comply with all applicable laws. You agree not to use your Fuzion Mobile phone for any purpose that is not allowed by this agreement or that is illegal.

*All information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our U.S. based customer service at 1-888-937-3894 for up to date information.
Fuzion Mobile, Inc.'s cellular service is powered by The Airvoice Network / Fuzion Broadband is powered through strategic partners over a large GSM Network.
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