Terms

TX Mobile Terms and Conditions of Service
Program Based Eligibility
Income Based Eligibility
TX Mobile Lifeline Programs Restrictions
Annual Recertification, Verification, or Termination of Lifeline Programs
Maintaining Non-Lifeline Accounts
Supported Services
TX Mobile Services
TX Mobile ETC Services
TX Mobile Service Rates (Airtime), Features, Coverage, and Activation Fees
TX Mobile Taxes and Surcharges
TX Mobile Text Messaging Rates
TX Mobile Directory Assistance, Additional Charges and Services
TX Mobile Refunds, Returns, or Lost Equipment Policy
TX Mobile Phone Number
Use of TX Mobile Customer Information
Limitation of Liability
Indemnification
Warranties
Notices
Handset Hearing Aid Compatibility (HAC)

TX Mobile Terms and Conditions of Service

TX Mobile is a service brought to you by TX Mobile, LLC. TX Mobile provides both Non-Lifeline and Lifeline Assisted wireless services. The Lifeline Assistance program is supported by the federal Universal Service Fund program and is administered by the Universal Service Administrative Company. These Terms and Conditions of Service apply to TX Mobile services for wireless phones activated on TX Mobile services. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using an TX Mobile phone and is a legally binding agreement between you and TX Mobile. These Terms and Conditions of Service contain important information about your consumer rights. TX Mobile reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion. Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the TX Mobile website at www.txmobilenow.com. Please check this website often for updates to the Terms and Conditions of Service.

Lifeline Support is a monthly support that reduces the cost of monthly wireless telephone service or residential home telephone service. An eligible TX Mobile customer may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one telephone connection per household. Lifeline support may vary between states but will at least equal the $ amount TX Mobile receives in Federal Universal Service Support.

Eligibility for the TX Mobile Lifeline service program varies by state. Subscribers may qualify for an TX Mobile Lifeline program if they participate in one of the government programs listed below or qualify based on household income eligibility standards as defined below. When completing the TX Mobile application, subscriber acknowledges and consents to the use of customer's name, telephone number, address date of birth, last four digits of the subscriber's Social Security number, amount of support being sought, means of qualification for support and dates of service initiation and termination to be given to the Universal Service Administrative Company (USAC) (the administrator of the program) and/or its agents for the purpose of verifying that subscriber does not receive more than one Lifeline benefit. Refusal to grant this permission will mean consumer is not eligible for Lifeline service. Subscriber grants authorization to TX Mobile to access any records required to verify subscriber's statements herein and to confirm continued eligibility for Lifeline assistance. This consent survives any termination of this agreement. If a subscriber or any member a subscriber's family participates in a Lifeline program from another provider, the subscriber is responsible for notifying the other provider that they have been approved for the TX Mobile Lifeline program and request their service with the other provider be disconnected. Notice to terminate service from any other provider's Lifeline program must be given if activating new service in the TX Mobile Lifeline program.

TX Mobile subscribers may qualify for a Lifeline service offering if the subscriber meets certain state and federal eligibility requirements. These requirements are determined by the particular state where the subscriber resides. These state and federal eligibility requirements are also based on either program based eligibility or income based eligibility.

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Program Based Eligibility

Program based eligibility varies by state. TX Mobile subscribers are eligible to receive Lifeline discounts, under the program based eligibility, if they participate in one or more of the following programs and the state participates in that program:

  • Food Stamps (program may be named differently by state)
  • Medicaid
  • Low Income Home Energy Assistance Program (LIHEAP)
  • National School Lunch programs (free lunch programs)
  • Federal Public Housing Assistance (Section 8)
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families Program (TANF)

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Income Based Eligibility

Income based eligibility varies by state. Some states do not offer income based eligibility for Lifeline. TX Mobile subscribers are eligible to receive Lifeline, under the income based eligibility, if subscriber's household income meets or is less than 135% of the Federal Poverty Guidelines for a household of the subscriber's size. Proof of income documentation (such as a current tax return) must be provided to TX Mobile to demonstrate income based eligibility.

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TX Mobile Lifeline Programs Restrictions

Subscribers applying for service in TX Mobile Lifeline program agree to, and declare under penalty and perjury, that all of the following conditions below (including but not limited to) apply:

  • TX Mobile Lifeline program is limited to one connection per household.
  • Subscribers must meet the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required.
  • Subscriber applying for service certifies that subscriber does not participate in any other Lifeline program.
  • If subscriber participates in another Lifeline program at the time applying for TX Mobile Lifeline service, the subscriber agrees to cancel Lifeline service with any other provider.
  • Subscriber agrees to immediately, and no later than within 30 days, notify TX Mobile of any address change.
  • Subscriber affirms they meet the head of household requirement and they are not claimed as a dependent on another person's tax returns (unless over the age of 60).
  • Subscriber affirms they will immediately, and no later than within 30 days, notify TX Mobile if they no longer participate in at least one of the state or federal programs required to receive Lifeline discounts or no longer satisfy the criteria for receiving the Lifeline discount.
  • If subscriber provides TX Mobile with a temporary residential addresses, the subscriber will verify the remportary address every 90 days.
  • Subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by  law.
  • Subscriber acknowledges that it may be required to re-certify continued eligibility for Lifeline at any time, and failure to re-certify as to subscriber's continued eligibility within 30 days will result in de-enrollment and the termination of the subscriber's Lifeline benefits.
  • Subscriber applying for TX Mobile Lifeline service affirms, under penalty and perjury, that all foregoing representations made when applying for service are true and correct to the best of the subscriber's knowledge.

Other TX Mobile Requirements

  • Subscriber applying for service may be required to provide a Social Security Number in order to certify or verify eliglibility for Lifeline service.  (Social Security information is strictly confidential and will not be disclosed to others without a subscriber's written consent).
  • Subscriber affirms they are at least 18 years old.
  • Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify participation requested by TX Mobile.  Subscriber also authorizes any state or federal assistance program representative to verify subscriber's aligibility for Lifeline program.
  • Subscribers applying for Lifeline program authorize TX Mobile, LLC or its duly appointed representatives to have access to records relating to the applicant to verify eligibility for the TX Mobile Lifeline service.

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Annual Recertification, Verification, or Termination of Lifeline Programs

Subscribers participating in the TX Mobile Lifeline program will be required to recertify, on an annual basis, their qualification to continue to participate in Lifeline programs based on the appropriate state or federal recertification or verification requirements. TX Mobile reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re-qualify for Lifeline service. If TX Mobile is unable to recertify or verify the required Lifeline qualifications the subscriber will be deemed ineligible to further participate in TX Mobile Lifeline programs. The subscriber's free minute plan will be discontinued in favor of a new plan to be chosen by the subscriber. The subscriber will be eligible to choose from any then available plan under the applicable terms and conditions for that plan.

TX Mobile reserves the right to cancel or suspend, without notice, a subscriber's account for any fraudulent related reasons or upon the request of any state or federal authority's request. TX Mobile subscribers have the ability to terminate from the Lifeline program for any reason. Subscribers who choose to terminate from the Lifeline program may send notice of termination to the address or fax listed below with their request. Customers also can call the Customer Service number below to de-enroll from Lifeline service and will not be required to provide any documentation.  Upon termination from the program, subscribers will no longer receive discounted minutes each month and will be required to re-qualify for Lifeline if they choose to enroll in another TX Mobile Lifeline program.

Please send all termination requests (include name, wireless number, and identity related information) to:

TX Mobile, LLC
Attn: Disconnect Department
9918 Brooklet Drive
Houston, TX 77099

Fax to: 1-281-741-5540

Customer Service: 1-877-208-7957

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Maintaining Non-Lifeline Accounts

TX Mobile subscribers using a Non-Lifeline service must purchase and load airtime at least once during any consecutive 60 day period. Airtime expires 30 days from date of loading. If no additional airtime is loaded within 30 days after the service expiration of your airtime, then your service on the TX Mobile Non-Lifeline service will be deactivated. All minute plans offered by TX Mobile include a limit (CAP) on the amount of minutes a subscriber can use in the 30-day period that begins on the day the plan is loaded. For example, the $40 plan includes a maximum of 1300 minutes of use in a 30-day period. If you have any questions regarding the limits of use with airtime provided by TX Mobile contact the TX Mobile Customer Service at 1-877-208-795.

If you do not accept any of these Terms and Conditions of Service, do not activate or use service provided by TX Mobile contact TX Mobile Customer Service at 1-877-208-7957. By accepting these Terms and Conditions of Service, you represent that you are at least 18 years of age, you meet the eligibility requirements for TX Mobile service, and you agree that you may not assign your rights or delegate any of your duties under these terms without the prior written consent of TX Mobile. Any attempted assignment or delegation without proper consent from TX Mobile shall be void.

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Supported Services

Lifeline supported services are available to TX Mobile subscribers who participate in Lifeline. Questions regarding supported services can be made in writing or by contacting an TX Mobile representative at: 1-877-208-7957.

Lifeline-supported service includes voice telephony service which provides voice grade access to the public switched telephone network or its functional equivalent.  The supported service also includes minutes of use for local service which is provided at no additional charge to TX Mobile's end users.  Lifeline supported service provides access to the emergency services provided by local government or other public safety organizations such as 911 or enhanced 911, to the extent the local government in TX Mobile's service are has implemented 911 or E911 service.  

 

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TX Mobile Services

TX Mobile service is provided at the company's discretion. TX Mobile. LLC may change pricing or the company's Terms and Conditions of Service, from time to time, without notice. Unless expressly prohibited by law, TX Mobile reserves the right to modify or cancel a subscriber's service, an account, or take corrective action at any time and for any reason, including, but not limited to, violation of any provision of these Terms and Conditions of Service. Check the TX Mobile website, www.txmobilenow.com, for the most recent pricing and changes to the Terms and Conditions of Service. A subscriber's right to use TX Mobile service is subject to TX Mobile business practices, policies, procedures, rates and Terms and Conditions of Service. TX Mobile may change the Terms and Conditions of Service at any time. TX Mobile will notify subscribers of change to the Terms and Conditions of Service that are determined to be materially adverse to a subscriber's service 30 days in advance of the change. If subscriber does not terminate service within 30 days of receiving this notice of a change in the Terms and Conditions of Service, subscriber agrees to accept any such changes.

TX Mobile, LLC provides mobile telecommunications services using the geographic areas covered by the Nationwide Sprint and Verizon Network footprint. TX Mobile may provide Lifeline supported services in these areas based on state authorized licensing areas. TX Mobile does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas. Subscribers do not have the ability to use TX Mobile service with any other wireless phone, device, or on another network. Subscribers may not use an TX Mobile handset with any other service or network. Airtime may be used for domestic calling from the United States and for other services as provided in these Terms and Conditions of Service. TX Mobile service is for personal use only and may not be used in a manner that interferes with another TX Mobile customer's use of service. TX Mobile has determined that ability to provide good service to subscribers may be impaired when customers place abnormally high number of calls, sends or receive unusually high number of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other TX Mobile customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used for other than personal use and is in violation of these Terms and Conditions of Service. TX Mobile services are provided solely for live dialogue between two individuals. TX Mobile services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals. An TX Mobile subscriber account may be terminated, without notice, if a subscriber's usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.

TX Mobile services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond TX Mobile control, including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. TX Mobile does not guarantee, or warrant, that service will be available at any specific time or geographical location, or that service will be provided without possible interruption. You should therefore never solely rely on your wireless phone for emergency calls, such as to 911. TX Mobile customers have access to dial 911 in an emergency. However, occasionally a subscriber may attempt to call 911 in an area where there is no wireless coverage. If there is no wireless coverage, a subscriber's call to 911 may not go through and the subscriber should dial 911 from the nearest landline phone.

By applying or activating service with TX Mobile, a subscriber agrees not to use TX Mobile services in any way that is illegal, abusive, or fraudulent. This will be determined by TX Mobile in its sole discretion. You may also not alter any of the software or hardware on your TX Mobile handset for any purpose. TX Mobile phones may not be sold to third parties.

In order to verify if you reside within a service area please visit www.txmobilenow.com. You may enter your ZIP code or locate coverage maps on the website to verify coverage. The map is only an approximation of actual coverage and may differ substantially from the areas of coverage shown on the website. Coverage can be affected by many factors such as weather, terrain, buildings, equipment, signal strength or many other factors that may affect network coverage. TX Mobile does not guarantee coverage or network availability.

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TX Mobile ETC Services

TX Mobile's Lifeline plans are only available for activation by customers who reside in the areas in which TX Mobile, LLC has been designated as a Eligible Telecommunications Carrier ("ETC"). To receive subsidized wireless service, a subscriber's principal residence address must be within an TX Mobile ETC service area. Visit www.txmobilenow.com to check whether you reside in an TX Mobile ETC service area. To be eligible for TX Mobile service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by TX Mobile. Where applicable, TX Mobile Lifeline plans are provided to you by TX Mobile, LLC and are governed by tariffs. Tariffs are on file with the appropriate public utility commissions in each state when required and supersede any term related to the Lifeline Assistance program. TX Mobile may provide access to tariffs through its website. Please be aware that tariffs posted online may not be official documents and you assume full responsibility for any tariff information you access on the TX Mobile website. TX Mobile bears no liability for the accuracy of any documents available on this website.

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TX Mobile Service Rates (Airtime), Features, Coverage, and Activation Fees

  1. Airtime is valued at $0.20 per minute of use. Airtime charges apply to standard voice usage calls for both local and domestic long distance calls. TX Mobile voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute. Airtime usage is rounded up to the nearest whole minute. Airtime applies to all message retrieval and voice calls. Unanswered outbound calls will be billed if the ring time exceeds 30 seconds. Ring time is defined as the amount of time between the point when a call is initiated (pressing the TALK button) and when it is answered (or terminated before being answered). Credits will not be given for dropped calls. Any unused airtime that expires is forfeited upon expiration or termination of eligibility in the TX Mobile Lifeline Assistance program. Roaming charges, if they apply, will be billed at a rate of $0.59 per minute of use and will be deducted from the available minutes. Roaming charges occur when a subscriber makes a call using the facilities of another wireless service provider due to the location the call was placed. Roaming occurs when you make or receive calls outside the home network calling area. TX Mobile does not provide any guarantees as to the availability or quality of service while roaming. An TX Mobile customer must have airtime minutes available to make or receive a call. TX Mobile handsets will only operate when you have airtime minutes available on your wireless account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account.
  2. INTERNATIONAL DIALING: International calling is not allowed on any TX Mobile plan available. International dialing is blocked, but, there are no guarantees that all international calling can be blocked from your handset. If you attempt an international call and are successful your account will be blocked from making any additional calls for the remainder of the billing cycle except for emergency calls where available. Subscribers may buy additional airtime during this period while their account has been suspended for placing international calls. TX Mobile strictly prohibits all international calling. 
  3. Lifeline Free Plan 150: Each month you will receive 150 free voice minutes. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. Unused minutes will roll over from month to month and are available for a maximum of sixty (60) days. 
  4. Lifeline Free Plan 250: Each month you will receive 250 free voice minutes. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There are no roll over minutes with this plan. Unused minutes will expire each month on the service expiration date. 
  5. TX Mobile Additional Minutes Plans: TX Mobile may offer Additional Minutes Plans for purchase. Please visit www.txmobile.com for the current rates of adding additional minutes rate plans. Unused minutes and messages do not expire at the end of your monthly period and may be used in subsequent months. If you use all of your monthly voice minutes and messages before a new monthly cycle starts and you add an Additional Minutes Offering Plan to your account, you will be charged based off the Additional Minutes Offering Plan you choose for voice and messages. If you use all of your monthly voice minutes before a new monthly cycle starts, and you do not have a sufficient balance in your account, you may not use your wireless phone to make or receive voice calls, other than 911 emergency calls, until the start of the next monthly cycle. If you have an Additional Minutes Offering Plan and use all your minutes included in the plan you will not have the ability to make calls or receive messages, except to place 911 calls where available, until you purchase another Additional Minutes Offering Plan or a new monthly cycle starts. If you are a Lifeline customer and also have an Additional Minutes Offering Plan and you do not have sufficient funds in your account to pay your monthly charge on your payment due date, you will automatically be switched to the free minutes offer only included each month with your service from the TX Mobile Lifeline program. Subscribers may add an Additional Minutes Offering Plan to their TX Mobile account by using one of following methods. You can add an Additional Minutes Offering Plan to your account by paying by credit/debit card, or by buying a Additional Minutes Offering Plan at any TX Mobile authorized agent location. TX Mobile Additional Minutes Offering Plans come in increments of $5, $10, $15, $20, $25, $30, $50 and $60. Sales taxes may apply and maybe added to the minute plan purchased. All minute plans offered by TX Mobile include a limit (CAP) on the amount of minutes a subscriber can use. Purchased Additional Minutes Plans cannot be transferred or applied to any other wireless service or account..
  6. TX Mobile Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail. Caller ID may display both your billing name and your wireless number when placing outbound calls. TX Mobile does not have the ability to block your name and number when making outbound calls.
  7. The TX Mobile activation fee may vary by state. In most states the activation fee will range from $60 to $80. If applicable a company activation credit will be applied and the remainder of activation fee may be deferred over 12 - 24 months based on state offering. TX Mobile subscribers are responsible to pay any remaining activation fee not covered by any applicable disconnects available or applied. Subscribers are solely responsible to pay for the entire activation fee if activation fee is not eligible for a deferred program offering. In some states the activation fees may be waived. TX Mobile reserves the right at any time and without notice to change the activation fees charged to new subscribers. Subscribers who successfully submit an TX Mobile application for the Lifeline program will receive a wireless phone provided by TX Mobile including an allotment of airtime minutes each month for a period of twelve (12) consecutive months from the date service is started. The actual amount of airtime minutes eligible Lifeline subscribers will receive each month varies by state. TX Mobile reserves the right to change, or modify the actual amount of airtime minutes and eligible subscribers will receive on a monthly basis without notice. TX Mobile reserves the right to determine, at its sole discretion, whether or not an applicant meets the eligibility requirements to participate or continue to participate in the TX Mobile Lifeline.

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TX Mobile Taxes and Surcharges

TX Mobile charges state and local sales taxes. Pricing listed on the TX Mobile website or listed in advertising methods for wireless service may not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of TX Mobile service regardless if the subscriber was the actual user of the service. The amount of these taxes and surcharges are subject to change and may vary by geographic area. TX Mobile may charge and collect sales taxes and regulatory fees on all Additional Minutes Offering Plans in each state. Third party authorized retailers who sells TX Mobile Additional Minutes Offering Plans may become responsible for the collecting and paying of sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.

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TX Mobile Text Messaging Rates

An TX Mobile subscriber can send and receive text messages of up to 160 characters. This text message includes the address and subject line. The type of messages a device can receive will depend on the wireless handset capabilities. Standard plan message rates apply when sending or receiving text messages, regardless if the message is viewed. Any unused messages that expire from one monthly billing cycle will not carry over to the next monthly billing cycle, unless the monthly plan specifically allows carry over messages. You may use your monthly allotment of minutes to send and/or receive text messages if available with your plan. Text messages sent to you by TX Mobile are free of charge. The charge to send or receive a text message will vary depending upon your plan. Adding additional airtime or plans to your account may include incremental minute rates per text messages sent or received as described in product description. Please reference plan and Additional Minutes Offering Plan descriptions for text messaging rates and offerings. If you have used all of your monthly allotment of minutes, you will need to purchase and redeem additional airtime minutes in order to continue to send and receive text messages and to place and receive voice calls.

Domestic Text Messaging Rates:

Each domestic text will be deducted from the available messages in your monthly minute plan or in your purchased TX Mobile Additional Minutes Offering Plan. Any unused messages will expire at the end of your monthly subscription period and will not be applied to subsequently purchased minutes, unless your plan includes roll over minutes. Subscriber messaging plans do not include international text, picture messaging, or voicemail messages.

International Text Messaging Rates:

TX Mobile does not allow international text messages. Attempting to send international messages could result in deactivation of service and de-enrollment from TX Mobile Lifeline Assistance Program.

Premium SMS:

Premium SMS is a text message to a designated “short code.” Buying or attempting to buy SMS services from anyone other than TX Mobile is strictly prohibited. Premium SMS campaigns may include activities such as sending a vote, playing a game, expressing opinions, subscribing to some type of service, or some type of interaction with a television program. TX Mobile does not participate in Premium SMS services or campaigns. You are solely responsible for any charges incurred for Premium SMS services or campaigns. Any text messages sent to a “short code” using TX Mobile service will not likely be successfully sent or received. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns or services are not refundable, regardless whether you incur charges as deductions from your TX Mobile minutes.

Preventing or Sending Spam:

TX Mobile subscribers receiving unwanted text messages ("spam") should contact the source and request to unsubscribe or remove the subscriber's wireless phone number from the service. If an TX Mobile subscriber intentionally sends spam from an TX Mobile handset, the subscriber may be terminated without notice. Contact TX Mobile Customer Service at toll free 1-877-208-7957 if additional help or information is required.

TX Mobile may send messages to your TX Mobile handset via SMS.

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TX Mobile Directory Assistance, Additional Charges and Services

Directory assistance calls are not charged at a rate per call. Directory assistance calls are deducted from subscriber's available minutes at a 1:1 ratio. TX Mobile reserves the right to access a rate per call in the future. Notice of such will be added to these Terms of Service and will be posted to our website.

Calls to 900 / 976 or other pay-per-call service numbers are not available to TX Mobile subscribers. TX Mobile will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. However, if any charges are received by TX Mobile from the underlining carrier for these types of calls, these charges will be pasted thru to the end user for payment. Nonpayment of these charges when billed to the subscriber will constitute automatic disconnection of service.

Calls placed to 800/866/877 or other toll-free numbers will incur standard minute usage of a 1:1 ratio. TX Mobile allows subscribers to make or receive domestic long distance calls inside the domestic USA as long as coverage is available. TX Mobile does not allow free calls to other subscribers using TX Mobile service. TX Mobile subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.

If a subscriber's account is deactivated for any reason, TX Mobile may assess subscribers a standard reactivation fee which is not refundable.

Please contact TX Mobile Customer Service at 1-877-208-7957, or visit our website at www.txmobilenow.com, for additional pricing information or answers to any questions about TX Mobile services. Calls to TX Mobile may be monitored and recorded for quality assurance.

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TX Mobile Subscriber Account History:

Subscriber account history is available online for the previous 60 days of service. You may request a printed copy of your account history by sending a written request to the below address. You may also contact TX Mobile Customer Service at 1-877-208-7957. Please visit www.txmobilenow.com to access your account history at no cost. TX Mobile subscribers have the ability to request a copy of their paper bill. Requests for a copy of the paper bill must be submitted in writing via mail or fax.

Send requests to:
TX Mobile
9918 Brooklet Drive
Houston, TX 77099

Or fax to: 1-281-741-5540

Or email your request to: [email protected]

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TX Mobile Refunds, Returns, or Lost Equipment Policy

Refunds:

TX Mobile is not responsible for, nor will we refund any lost, stolen, misused, or damaged TX Mobile Additional Minutes Offering Plans. TX Mobile does not accepts returns or provide refunds of any TX Mobile Additional Minutes Offering Plans unless it is determined TX Mobile did not perform the duty of service. All purchases of TX Mobile Additional Minutes Offering Plans are final and non-refundable regardless of who uses or possesses the subscriber's wireless phone after airtime is purchased, and regardless of whether the wireless phone is used with the subscriber's consent or knowledge. Monthly charges are non-refundable.

Returns:

Wireless handsets purchased directly from or received from TX Mobile may be returned for a full refund within 30 days of receipt. A subscriber must return the complete handset as received at the time of activation. For instructions, please contact TX Mobile at: Customer Service at 1-877-208-7957. TX Mobile provides new and recycled handsets to subscribers. All handset models provided to Lifeline subscribers are selected at the sole discretion of TX Mobile. Handset models may vary. TX Mobile reserves the right to replace handsets with various models at its sole discretion. All wireless handsets purchased directly from TX Mobile include a 90-day warranty from TX Mobile. If you experience a handset malfunction call TX Mobile at Customer Service at 1-877-208-7957.

Lost or Stolen Equipment:

If an TX Mobile Subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until TX Mobile is notified of the lost or stolen wireless phone. To report a lost or stolen wireless phone, please contact TX Mobile at: Customer Service at 1-877-208-7957. Upon receiving notice of the lost or stolen phone, TX Mobile will suspend the account immediately. If a subscriber does not either activate a new TX Mobile phone or notify us that they have found their wireless phone within 30 days of the suspension of the account, the account will be deactivated and the subscriber will lose the TX Mobile phone number.

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TX Mobile Phone Number

TX Mobile subscribers must accept the number that is assigned to them at the time of activation. The wireless phone number TX Mobile provides for subscribers to use is and will remain the property of TX Mobile. TX Mobile may release a subscriber's wireless phone number to another subscriber, without giving notice, if the subscriber cancels service with TX Mobile, or if the account expires and is deactivated. Subscribers may transfer a wireless number prior to the wireless number being reissued to another subscriber. TX Mobile reserves the right to change a wireless number at any time. TX Mobile will attempt to notify the subscriber prior to any change.

In some situations, a subscriber may transfer an existing carrier telephone number to your TX Mobile service for use as an TX Mobile phone number. To switch an existing phone number to TX Mobile, please contact TX Mobile Customer Service at 1-877-208-7957. Before calling, please have a bill available from the existing carrier. When a subscriber transfers from another wireless carrier to TX Mobile, they may have to pay a termination fee to the former carrier to early terminate the contract. TX Mobile will not reimburse a subscriber for any termination fees imposed by other carriers.

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Use of TX Mobile Customer Information

By agreeing to Terms and Conditions of Service herein, you also agree to the terms of TX Mobile Privacy Policy available online at www.txmobilenow.com. The Privacy Policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data. Customer Proprietary Network Information (CPNI) is information that TX Mobile obtains when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone, name and address are not considered CPNI.

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Limitation of Liability

TX Mobile LLC will not be liable to you (subscriber) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. TX Mobile LLC will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. TX Mobile LLC is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with TX Mobile. Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages. TX Mobile assumes no risk or responsibility for a subscriber's use of any content provided by TX Mobile services. There is no fiduciary duty that exists between you (subscriber) and TX Mobile, LLC or its affiliates. You (subscriber), also agree that TX Mobile will not be liable for any missed voice mails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by TX Mobile.

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Indemnification

To the full extent by law, you agree to hold harmless and indemnify TX Mobile, LLC and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof), directly or indirectly, resulting from your use of TX Mobile products and services, or another person whom you authorize or not to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action. This obligation shall survive any expiration or termination of your service with TX Mobile, LLC.

A subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach. Therefore, the above exclusions or limitations may not apply to all subscribers. A subscriber may have other legal rights that vary by state.

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Warranties

TX Mobile does not manufacture wireless phones or equipment used by subscribers. The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with wireless phones and other equipment or for manufacturers' acts or omissions. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON'T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The TX Mobile Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you and TX Mobile with respect to products and services provided to you and the terms under which they are offered to you by TX Mobile. The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights. Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the state of Texas. This excludes customers who are residents of the state of California.

TX Mobile reserves the right to suspend or terminate any subscriber's access to TX Mobile services or to the TX Mobile website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of TX Mobile, its affiliates, or for any other reason at the sole discretion of TX Mobile.

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Notices

You may send notices to TX Mobile by mail, 9918 Brooklet Drive, Houston, TX 77099, or by phone, 1-877-208-7957. Notices will be considered effective after received by TX Mobile. If a subscriber is unable to resolve concerns with TX Mobile, they may file a complaint with the Federal Communications Commission or their state commission board. Any notice sent to a subscriber will be sent to your last known residence we have on file, or via text message to your TX Mobile phone.

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Handset Hearing Aid Compatibility (HAC)

The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with your hearing devices. Not all wireless devices have been rated. Wireless devices that are rated will have the rating displayed on their box together with other relevant approval markings.

These ratings are not guarantees. Results will vary depending on your hearing device and hearing loss. If your hearing device is vulnerable to interference you may not be able to use a rated wireless device successfully.

The following are wireless devices TX Mobile offers under its branded wireless product. Our sales staff is trained to assist all customers looking for a HAC-compliant handset. (Please note that this list is subject to change and selection is dependent upon availability).

Make/Model M Rating T Rating Functionality Level
Blackberry 8130 M3 T4 A
Blackberry 8330 M4 T4 A
Blackberry 8830 M4 T4 A
HTC-511 M3 T3 A
Sanyo SCP 3810 M4 T4 B
LG-LX125 M3 X C
LG-LX160 M4 X C
LG-LX225 M3 X B
LG-LX260 M3 T3 A
LG-LX265 M3 T4 B
LG-LX350 M3 X A
LG-LX370 M4 T4 A
LG-LX610 M4 T4 A
LG-LX670 M4 T4 A
MOT-C290 M3 X C
MOTOROLA KRZR M4 T4 A
MOT-Q M3 X A
MOT-Q9C M3 X A
MOT-V3 RAZOR M3 T3 A
MOT-W385 M4 T4 A
SAMSUNG M240 M4 T4 C
SAMSUNG M300 M4 T4 A
SAMSUNG SPH-M305 M4 X A
SAMSUNG M800 M3 T3 A
SANYO 2700 M4 T4 A
SANYO-3100 M4 T4 B
SANYO-3810 M4 T4 A
SANYO-8200 M3 T3 B
UT Starcom 1450 M3 X C


M-Ratings: Wireless devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than wireless devices that are not labeled. M4 is the better/higher of the two ratings.

T-Ratings: Wireless devices rated T3 or T4 meet FCC requirements and are likely to be more usable with a hearing device's telecoil ("T Switch" or "Telephone Switch") than unrated wireless devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them).

When wireless devices are used near hearing devices (such as hearing aids and cochlear implants), users may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference, and wireless devices also vary in the amount of interference they generate.

Hearing devices may also be measured for immunity to this type of interference. The more immune your hearing aid is, the less likely you are to experience interference noise from wireless devices. Your hearing device manufacturer or hearing health professional may help you find results for your hearing device.