Your Rights and Responsibilities

Many of the services we offer at Wirefly require credit approval by the wireless companies we represent. When you activate your service through Wirefly, either online or over the phone, you will be presented with detailed terms and conditions to review.

To help you become a more informed shopper, we have highlighted those terms here so that you may fully understand your rights and responsibilities.

Carrier Terms & Conditions

Each wireless carrier rate plan carries unique terms and conditions which include a service commitment (usually 2 years), and an Early Termination Fee which will be charged in the event that you cancel your wireless service before completing your service commitment. These terms vary by carrier, and are presented during the purchase process.

Privacy Policy

You acknowledge that we are collecting your information for our use in accordance with our Privacy Policy which includes submitting it to one or more carriers to fulfill your request for wireless service.

Dispute Resolution

We each agree, except as provided below, to settle any and all disputes related to the purchase of equipment, products and/or services from us, or to any advertising for any such equipment, products and/or services, only by binding arbitration held in Fairfax County, Reston, Virginia. Any arbitration proceeding shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We each also agree that this Agreement affects interstate commerce and the Federal Arbitration Act and federal arbitration law apply, except for qualifying small claims court case. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorneys’ fees. Each party shall bear its own costs and expenses related to arbitration.

For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to: Simplexity, LLC, 10790 Parkridge Blvd, Suite 200, Reston, VA 20191, ATTN: Executive Escalations/General Counsel. We each agree to negotiate with each other in good faith about your claim. If we are unable to resolve your claim within 60 days after receipt, you may pursue your claim in arbitration, or through small claims if applicable, by sending us a letter describing your claim and requesting arbitration to: Simplexity, LLC, 10790 Parkridge Blvd, Suite 200, Reston, VA 20191, ATTN: General Counsel. The AAA will arbitrate all disputes by one arbitrator selected by the AAA. The AAA’s Supplementary Procedures for Consumer-Related Disputes shall apply to all claims under $75,000. The AAA rules are available at www.adr.org or by calling 1-877-304-8457.

We each agree that (i) you may choose to pursue your claim in court and not by arbitration if your claim qualifies for small claims court proceeding; and (ii) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interests, costs and/or expenses related to any such collection permitted by law.

We are each waiving the right to a trial by jury and agree to only bring claims in our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Instant Savings Discounts

Wirefly promises you savings in the form of instant discounts with no rebates or gimmicks when you sign up for wireless carrier service on a 2 year agreement. Delivering on this promise means that you must agree to maintain your agreement for a minimum of 6 months after activation. Deactivating your phone, or downgrading features or the rate plan, may lead to additional charges.

To provide you with significant savings vs. buying in a retail store, the price you paid for your device includes an Instant Savings Discount from Wirefly.

By accepting this Instant Savings Discount, you agree to repay $200 of this discount ($400 for smartphones, tablets, and netbooks) and authorize us to charge your credit card in repayment of this amount if, you signed up for a 2 year agreement and during the 181 days after your new equipment is activated, your wireless carrier notifies us that the services you purchased have been suspended, disconnected, or deactivated, or if you return your purchase outside of the return and exchange provisions of our Satisfaction Guarantee.

Please note some of the reasons your wireless carrier may notify us of a deactivation include if:

• You transfer this equipment to another carrier line of service after it is activated
• You change your rate plan to a lower monthly service rate than was specifically required at the point of purchase
• You deactivate texting/data features that were specifically required at the point of purchase
• The new line of service activated with your order is used to replace a pre-existing account

Pricing Errors

Despite our best efforts, a small number of the items offered by us from time to time may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.