These Prepaid Terms and Conditions of Service apply to all devices, prepaid plans, and data top-ups that are activated on or used with Excess Telecom service plans, except for Affordable Connectivity Program (ACP) and Lifeline Program plans. Excess Telecom maintains separate terms of services for the provider’s ACP and Lifeline Program plans. These Prepaid Terms and Conditions of Service (herein referred to as “Terms & Conditions”) go into effect upon enrollment into a prepaid plan with Excess Telecom and activation of service. These Terms & Conditions and are a legally binding agreement between the subscriber (you) and Excess Telecom (the Company), and contain pertinent information about your consumer rights.
Excess Telecom reserves the right to change or modify our Terms & Conditions at any time and its sole discretion. Changes made to the Terms & Conditions will become effective at the time they are posted on the Excess Telecom website, unless changes are materially adverse to subscribers or such changes otherwise require by law advance notice be provided to subscribers. The Company will notify subscribers, at their sole discretion, if changes to the Terms & Conditions are materially averse to service, or when required by notification regulations. If a subscriber does not terminate service within 30 days of receiving notice, the subscriber is deemed as in agreement and accepts any and all changes to the Terms & Conditions.
Unless expressly prohibited by law, Excess Telecom 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 & Conditions. A subscriber’s right to use Excess Telecom service is subject to Excess Telecom business practices, policies, procedures, rates, and Terms & Conditions.
These Terms & Conditions are available on Excess Telecom’s website. The Company agrees to keep the most updated document available for consumer availability at www.excesstelecom.com.
You must meet the stated qualification requirements to enroll in a prepaid plan with Excess Telecom. This includes but is not limited to making the first month’s service fee payment at enrollment and providing payment information that will be used thereafter to pay your monthly prepaid plan service fee.
Excess Telecom’s prepaid service is provided at the Company’s discretion. The Company provides services using the geographic areas of the underlying carrier territories in which Excess Telecom has carrier agreements. Excess Telecom does not guarantee coverage availability in all areas. Quality of service may be affected by conditions beyond the control of Excess Telecom, including atmospheric, geographical, or topographical conditions. Service may also be affected by damaged devices. Excess Telecom 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.
Except as otherwise described in these Terms & Conditions, you must be enrolled in a prepaid service plan to utilize Excess Telecom services. Prepaid service plan descriptions, including rates and associated talk, text, and data allotments are available on the Excess Telecom website at www.excesstelecom.com. Prepaid plan availability, rates, and allotments may vary by state and are subject to change at any time. You may not be eligible for certain prepaid plans or rates. Affordable Connectivity Program (ACP) and Lifeline Program discounts may be applied to the retail rate of Excess Telecom’s prepaid plans except where exclusions apply as described on the prepaid plans page on Excess Telecom’s website. You are responsible for paying the retail rate of your selected prepaid plan minus any eligible discounts for which you qualify.
Prepaid plans are non-refundable, cannot be transferred to any third party (including another Excess Telecom account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Excess Telecom may, from time to time, provide refunds in its sole discretion. New subscribers select a prepaid plan upon enrollment and existing subscribers can contact Excess Telecom’s Customer Service to change their prepaid plan by dialing 611 from their Excess Telecom mobile device or calling toll-free at (800) 615-0898.
Excess Telecom offers prepaid plans in regions across the United States. For a complete list of service areas, please visit www.excesstelecom.com.
Excess Telecom provides broadband service at speeds that meet or exceed the FCC’s mobile broadband minimum standards but reserves the right to reduce download speeds when necessary while still complying with FCC standards.
Subscribers are not required to receive a device or accept a device from the provider to enroll with Excess Telecom. Subscribers may contact Customer Service at support@excesstelecom.com or call (800) 615-0898 to inquire about how to enroll with Excess Telecom using a compatible device.
As of June 1, 2024, there will be no ACP coverage available until such time as the U.S. Federal Government approves additional ACP funding. At the time of your enrollment in a prepaid plan with Excess Telecom, you may have agreed for Excess Telecom to automatically enroll you in the ACP Advantage Plan if additional ACP funding is provided by the U.S. Federal Government and you are determined to be ACP eligible. If you consented to this at the time of enrollment, Excess Telecom will attempt to enroll you in its ACP Advantage Plan when the ACP is funded by the U.S. Federal Government. As part of this process, Excess Telecom would perform an ACP eligibility check for its prepaid plan subscribers with the National Verifier.
You will have an opportunity to opt-out of being automatically enrolled in the ACP Advantage Plan if additional ACP funding is approved by the U.S. Federal Government. Excess Telecom will notify you and provide forty-eight (48) hours to opt-out of being automatically enrolled in the ACP Advantage Plan. As part of Excess Telecom’s notification at that time, you will be provided clear instructions about how to opt-out.
If you are enrolled in Excess Telecom’s ACP Advantage Plan, your prepaid plan coverage will end and any unused prepaid plan monthly service payments will be refunded to you unless you consent for these amounts to be added to your eWallet account with Excess Telecom and applied to cover the $1 monthly ACP Advantage Plan service fee.
Excess Telecom may use your application to assess eligibility for benefits. Excess Telecom may request reports from CGM, LLC, located at 104 Sloan Street, Roswell, Georgia 30075, telephone number (888) 594-3860. These reports may include information from phone or internet providers regarding your service enrollment history, or the frequency with which you have received wireless devices, which may be used for determinations regarding eligibility for device discounts, and for waste, fraud and abuse mitigation purposes.
For California residents: Under California Civil Code § 1786.22, you have the right to request from CGM, upon proper identification, the nature and substance of all information in files pertaining to you, including the sources of information, and recipients of any reports about you, which CGM has previously furnished within the preceding three-year period. You may view the file maintained on you by CGM during normal business hours and obtain a copy of this file upon submitting proper identification. Upon making a written request, you are entitled to receive a summary of this file.
Excess Telecom has 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. Excess Telecom subscribers have the ability to end their prepaid plan service for any reason.
Failure to pay the monthly prepaid plan service fee will result in the suspension of your prepaid plan service following a grace period in which you will be provided a reasonable period to make payment before your prepaid plan coverage ends.
If you want to terminate your prepaid plan service, contact Excess Telecom’s Customer Service at Support@excesstelecom.com or (800) 615-0898 to complete this action.
Excess Telecom offers additional data top-ups available for purchase. Top-up plans will expire after 60 days if not used in full. Offerings are available based on the underlying carrier and may not be available for purchase in all areas. Applicable taxes and fees may apply to the sole responsibility of the subscriber.
Data Top-Ups are available in the following increments:
Excess Telecom reserves the right to make changes to data top-up offerings at their sole discretion.
DATA SPEEDS ARE NOT GUARANTEED. Excess Telecom does not guarantee the speeds of the data services it provides. Data speeds are dependent on many factors including reception, tower traffic, device capabilities, and other additional factors. Excess Telecom reserves the right to prioritize data use during periods of network congestion or high individual daily usages by throttling data speed. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Additional scenarios that vary data speeds and performance may exist in accordance with underlying carrier network management practices.
Excess Telecom devices may not have voice and text capabilities. Should a device be enabled with such capabilities, the services provided are for live dialogue between, and initiated by, individuals for personal (i.e., non-commercial) use and as otherwise described in this policy. Excess Telecom services are not intended for any other purpose, including but not limited to conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. This service may not be used in a manner that interferes with other Excess Telecom subscribers use of this service.
Excess Telecom data services are provided only for personal (i.e., non-commercial) use, which includes web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Excess Telecom data services may not be used for any of the following uses: (1) to generate excessive levels of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files, or to operate hosting services including, but not limited to, web or gaming hosting; (2) to maintain continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; (3) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (4) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; (5) for activities that adversely affect the ability of other people or systems to use either Excess Telecom Services or other parties Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (6) for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using an Excess Telecom device designated for such usage); or (7) for any other reason that violates policy.
You may receive a free phone from Excess Telecom if you are eligible at the time of enrolling into a prepaid plan. You may also use your existing device by requesting a free SIM card.
You are not eligible to receive a free phone if you received a phone from Excess Telecom within the past six (6) months; enrolled in a prepaid plan from another service plan with Excess Telecom; or are determined by CGM to not be eligible to receive a free phone. You may instead purchase a phone from Excess Telecom or its vendor, or receive a free SIM card to use an existing device. Contact Excess Telecom’s Customer Service if you would like to receive a SIM card.
Except as specified in Excess Telecom’s device unlocking policy, subscribers may not use Excess Telecom service with any other device other than those approved by Excess Telecom. Subscribers may not alter any of the software or hardware on an Excess Telecom device for any purpose, as outlined in Excess Telecom’s device unlocking policy.
Devices utilized by Excess Telecom subscribers comply with all Federal and/or State regulations and will be, at minimum, Wi-Fi enabled and 3G capable devices.
Devices offered by Excess Telecom may be location-enabled, meaning the device is capable of using optional Goods, Content, and Services, at the request of the subscriber, offered by Excess Telecom or third parties that make use of a user’s location (Location Based Services), using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. Review the Terms & Conditions and the associated Privacy Policy for each Location Based Service to learn how the information provided will be used and protected. Excess Telecom may also use location information to create aggregate data, subject to our Privacy Policy for services like traffic monitoring and delivery of targeted advertising. It is the responsibility of the subscriber to notify any users of their account that the device may be location enabled. The use of certain Location Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit www.excesstelecom.com to review Excess Telecom’s Privacy Policy.
As of the published date of these Terms & Conditions, Excess Telecom does not lock devices on its network. Should the Company determine to lock devices, reasonable notice to its subscribers will be given, and the following policy will apply for unlock requests:
Should a device be locked for any reason and needs to be unlocked, Excess Telecom will provide unlock instructions upon request, provided an unlock code can be obtained from the manufacturer of the device in a reasonable fashion. To request an unlock code and steps to unlock a locked device, customers will contact Customer Service at 1-800-615-0898 or visit www.excesstelecom.com for alternative ways to contact Customer Service.
Limitations: This policy is subject to Excess Telecom’s Terms & Conditions and may change without notice. The Company may request proof of purchase of the device or additional information at its discretion and certain other exceptions may apply.
Excess Telecom may deny any request for a device unlock code at its sole discretion if there is a reasonable basis to believe that the request is an effort to defraud the Company or its customers, or that the device is stolen. As a reseller of wireless services, Excess Telecom’s unlocking policy may be subject to additional limitations imposed by our underlying carrier(s).
A limited warranty of 14 days is provided on all Excess Telecom devices. This limited warranty covers defects in materials and workmanship under normal use by the subscriber.
Excess Telecom customers have up to fourteen (14) days from the delivery date of their device to notify the Company of a defective device and/or accessories. The device must then be returned within 30 days of notification. Excess Telecom will exchange a defective device with a replacement device, at their sole discretion, during this period. For a defective device replacement, contact Excess Telecom Customer Service at 1-800-615-0898.
To obtain a warranty service from Excess Telecom, contact Customer Service at 1-800-615-0898 or send an email to support@excesstelecom.com. If an issue cannot be resolved, Excess Telecom technicians will provide subscribers with an RMA number, which will be used to send the device to the designated Excess Telecom Service Center for replacement, at the discretion of Excess Telecom.
Excess Telecom warrants to the subscriber that the Excess Telecom device is free from defects in material and workmanship that may result in product failure during normal usage, according to the following terms and conditions:
Outside of the warranty window and at its sole discretion, Excess Telecom is not responsible for refunds for lost, stolen, misused, damaged, or destroyed devices, accessories, or Top-Up purchases. The customer is responsible for purchasing replacement devices, accessories, or tablets at their expense. All purchases of Top-Ups are final and non-refundable, regardless of who uses or possesses the subscriber’s device after the product is purchased, and regardless of whether the device is used without the subscriber’s consent or knowledge. Notwithstanding the foregoing, Excess Telecom may, at its sole discretion, opt to provide a refund. Top-Up purchases have no cash value and are non-refundable, cannot be transferred to another Excess Telecom account or subscriber, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If service is terminated, subscribers forfeit and are not entitled to a full or partial refund for any unused top-up balance.
Devices purchased from Excess Telecom may be returned for a full refund, issued only via check, within 7 days of receipt. This excludes promotional devices. A subscriber must return the device and all accessories as was distributed and purchased at the time of activation, and in the same condition as when it was received. For instructions, contact Excess Telecom Customer Service at 1-800-615-0898.
Excess Telecom provides new and/or recycled devices to its subscribers. All make and models provided to subscribers are selected at the sole discretion of Excess Telecom. All new-in-box devices purchased from Excess Telecom include a 14-day warranty from Excess Telecom. If a device malfunction is experienced, please call Excess Telecom Customer Service at 1-800-615-0898.
Excess Telecom subscribers who experience a lost or stolen device are responsible for all charges incurred on the device until Excess Telecom is notified of the lost or stolen device. To report a lost or stolen device, please contact Customer Service at 1-800-615-0898 immediately. Upon receiving notice of the lost or stolen device, Excess Telecom will ‘hotline’ the account immediately. If the subscriber does not either activate a new device or notify the Company that the device has been found within 14 days of suspension of the account, the account will be disconnected.
Subscribers may purchase a phone from Excess Telecom. Please contact Customer Services at 1-800-615-0898 to inquire about available phones for purchase through Excess Telecom.
If you have purchased a prepaid service plan and decide to terminate service or requests a refund of unused funds, you may request a refund of unused prepaid funds. Prepaid plan refunds will be prorated on a monthly basis, meaning the refund will be issued for subsequent months. If the service activation date has passed for the current month, and the monthly service fee was paid for that month, you will not receive the refund for that month of service. You may request a refund by calling Excess Telecom Customer Service at (800) 615-0898. If a refund is determined to be payable, you may be required to confirm a valid mailing address before Excess Telecom will mail the refund payment in the form of a check.
Excess Telecom services and equipment may not be used for any unlawful, fraudulent, harassing, or abusive purpose. By requesting Excess Telecom services, subscribers agree not to use services and equipment for any unlawful, fraudulent, harassing, or abusive manner.
Excess Telecom reserves the right, without notice or limitation, to limit, deny, terminate, end, modify, disconnect, or suspend service to any individual whose usage is deemed excessive compared to that of the average subscriber, if an individual engages in any of the prohibited voice, text, or data uses detailed below, or if Excess Telecom determines, on a case-by-case basis, that action is necessary to protect its wireless network, business, equipment, or services from harm or degradation resulting from such prohibited uses.
The Excess Telecom Prohibited Network Use Policy applies to all Excess Telecom voice, text, and data plans, including unlimited plans. Unlimited use does not mean impermissible or unreasonable use, as set forth in these Terms & Conditions. Testing of subscriber usage may be performed by Excess Telecom. If Excess Telecom finds a subscriber to be using unlimited voice, text, or data services for any of the prohibited uses outlined in the Terms & Conditions, the Company may, at its sole discretion, terminate service or adjust a rate plan. Excess Telecom will provide notice to the subscriber that it intends to take any of the above actions and give the subscriber an opportunity to terminate the agreement.
Agreement to Terms & Conditions: By initiating service and placing calls, using text, and/or using data on the Excess Telecom network, subscribers acknowledge and agree to the complete Terms & Conditions listed on www.excesstelecom.com.
Excess Telecom may, from time to time, provide promotional credits or promotional offers. This may include offering reduced monthly prepaid plan service fees for a specified period of time. Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when a subscriber meets certain conditions, as outlined by the Company. Promotions are offered at the sole discretion of the Company. Promotions can only be claimed and redeemed by account holders and only will be associated with the account of the customer who was offered the promotion. Promotions may not be sold or transferred to another Excess Telecom account or to any other person. Promotions have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your service is terminated, all promotional credit will be forfeited. Promotions may be subject to additional terms and conditions as described when offered to a subscriber.
Carriers typically use different frequencies and air interface technologies to provide wireless network access. As a result, a device that works on one carrier’s network may not be technologically compatible with another carrier’s network. Unlocking a device refers only to disabling software that would prevent a customer from attempting to activate a device designed for one carrier’s network on another carrier’s network, even if that network is technologically compatible. Unlocking a device will not necessarily enable a device interoperable with other networks. Unlocking a device may enable some functionality of the device but not all.
Excess Telecom may charge state and local taxes when applicable. Pricing listed on the Excess Telecom website or listed in advertising methods for Excess Telecom may not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of Excess Telecom service, regardless of whether 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. Excess Telecom may charge and collect taxes and regulatory fees on all offerings in each state. Third party authorized retailers who sell Excess Telecom services or products may become responsible for the collecting and paying of all 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.
Excess Telecom does not offer or allow international calling or text messaging. Attempting to make international calls or send international text messages could result in the deactivation of service and de-enrollment from Excess Telecom.
Excess Telecom subscribers receiving unwanted text messages should contact the source and request to unsubscribe or remove the subscriber’s contact information from the service. If an Excess Telecom subscriber intentionally sends spam from an Excess Telecom device, the subscriber may be terminated without notice. Contact Excess Telecom Customer Service at 1-800-615-0898 if additional help or information is required.
Excess Telecom reserves the right to send messages to its subscribers pertaining to important account information.
In the event an Excess Telecom device is call and text enabled, 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. Excess Telecom reserves the right to access a rate per call in the future. Notice of such will be added to these Terms & Conditions and will be posted to our website.
Calls to 900/976 or other pay-per-call service numbers are not available to Excess Telecom subscribers. Excess Telecom will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. If any charges are received by Excess Telecom from the underlying carrier for these types of calls, these charges will be passed through 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. Excess Telecom allows subscribers with capable devices to make or receive domestic long-distance calls inside the domestic USA provided coverage is available. Excess Telecom does not allow free calls to other subscribers using Excess Telecom service. Excess Telecom devices 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, Excess Telecom reserves the right to charge subscribers a standard reactivation fee, which is not refundable.
Subscriber usage history is available upon request. Requests for a printed copy of account history can be obtained by calling Excess Telecom Customer Service at 1-800-615-0898, emailing support@excesstelecom.com or by sending a written request to:
Excess Telecom
Attn: Customer Service
PO Box 69344
West Hollywood, CA 90069
If you have a dispute with any charge to your Excess Telecom account, you must notify us within 60 days after the charge appears on your account. You may either contact Excess Telecom at 1-800-615-0898 or send notice in writing to the address listed below. An Excess Telecom Customer Service Representative will investigate your claim. If Excess Telecom is not notified of your dispute within this 60-day period you waive any right to dispute the charge, including in arbitration and/or a court proceeding. You accept all charges not properly disputed within this 60-day period. We will provide you a credit or refund if we determine that the disputed charge was inappropriate and was disputed by you in a timely manner. If we provide a credit or refund, you agree that the dispute is fully and finally resolved and not subject to any further proceedings. Excess Telecom is not liable for any charges for products or services provided by third parties through and for use on our network, regardless of the date on which you report it. If any unauthorized or disputed charge appears on your statement for a third-party product, you must contact that third party directly. Third-party contact information is also available by calling Excess Telecom at 1-800-615-0898. Excess Telecom service, unless otherwise provided by law, excludes all incidental or consequential damages. Some states do not allow this exclusion.
Dispute by mail:
Excess Telecom
PO Box 69344
West Hollywood, CA 90069
By agreeing to the Terms & Conditions, subscribers also agree to the terms of Excess Telecom Privacy Policy. The Privacy Policy may change from time to time and includes important information on what data the Company collects about you, how the data is used, and with whom the data is shared.
Excess Telecom and its affiliates may contact you via email, telephone, or text messaging, including calls or messages using an automated telephone dialing system, manually, or with pre-recorded/artificial voice messages. Excess Telecom and its affiliates may contact you for service-related, informational or marketing purposes via these methods regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. You may revoke this ability of Excess Telecom or its affiliates to contact you at any time. To opt out of being contacted for marketing purposes by Excess Telecom or its affiliates, dial 611 from your Excess Telecom provided wireless number or call Excess Telecom’s customer service at 1-800-615-0898. Opting out will not affect Excess Telecom’s ability to contact you with free notices and messages regarding your wireless service and devices and your benefits via the methods listed herein. For more information, refer to Excess Telecom’s Privacy Policy at www.excesstelecom.com.
Excess Telecom may use and share your Customer Proprietary Network Information (CPNI) for marketing purposes, including but not limited to sharing your CPNI with affiliates of Excess Telecom. This includes sharing your subscriber list information, such as your name, postal address, email address and telephone number. Affiliates of Excess Telecom may contact you about offerings of non-communications-related services, products and promotions. You have a right, and Excess Wireless has a duty, under federal law, to protect the confidentiality of CPNI. CPNI is information made available to Excess Telecom solely by virtue of our relationship with you that relates to the type, quantity, destination, technical configuration, geolocation data, and amount of use of the telecommunications services you purchase from Excess Telecom, as well as information related to the billing for those services. You will continue to receive Excess Telecom communications services if you opt out of allowing Excess Telecom or its affiliates to contact you about marketing offers. CPNI is described in Excess Telecom’s Privacy Policy at www.excesstelecom.com. ; You may withdraw your consent at any time by reaching us as described in our Privacy Policy.
Customer privacy and security are important to Excess Telecom. The Company employs reasonable physical, electronic, and procedural safeguards to protect personal information when a subscriber gains access to the Internet using Excess Telecom services. In addition, the Company takes reasonable steps to protect all subscriber personal information from unauthorized use, access, or disclosure. For more information about Excess Telecom’s privacy and security practices, you can view the Privacy Policy located at www.excesstelecom.com.
You agree to contact Excess Telecom with any disputes. You must contact Excess Telecom with any dispute by calling Excess Telecom at 1-800-615-0898 or by writing to:
Excess Telecom
Attn: Dispute Resolution
PO Box 69344
West Hollywood, CA 90069
You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. An Excess Telecom representative will contact you at the last address you have provided or by phone. Excess Telecom agrees to negotiate in good faith to resolve any dispute you may have. You agree to pay the full amount reflected on your account statement, even while a dispute is being resolved. If you do not reach an agreement to resolve your claim within 30 days after notice of dispute was given, you or Excess Telecom may commence a Binding Arbitration proceeding (see below).
Certain disputes you may have with Excess Telecom may be resolved through Binding Arbitration. By making or receiving calls on an Excess Telecom handset you agree the sole remedy for any dispute shall be Binding Arbitration on an individual basis. You waive your rights to a jury trial or any class actions. You also agree the Federal Arbitration Act governs any dispute claim you have with Excess Telecom. This Binding Arbitration you agree as the sole remedy limits your options available in the event of a dispute to an individual basis and survives any termination of your service with Excess Telecom. Class Arbitrations and Class Actions are hereby excluded as a remedy for any dispute you may have.
This agreement shall be construed under the laws of the state of Oklahoma, without regard to its choice of law rules, except for the arbitration provision contained in these Terms & Conditions of Service, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you (the subscriber) reside, or where you (the subscriber) use or pay for Excess Telecom services. To the extent permitted by law, if a dispute claim proceeds in court, Excess Telecom and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.
Excess Telecom will not be liable to the subscriber or related parties, 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. Excess Telecom 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. Excess Telecom is not responsible, at any time, and shall not be liable to the subscriber or anyone else for any personal information such as usernames, passwords, contacts, pictures, SMS, or any additional content that may have stored on an Excess Telecom device or which may remain on that device during and/or after it is no longer receiving service from Excess Telecom. Unless prohibited by law, the subscriber agrees to limit claims for damages or other monetary relief against each other to direct and actual damages. Excess Telecom assumes no risk or responsibility for a subscriber’s use of any content provided by Excess Telecom services. There is no fiduciary duty that exists between the subscriber and Excess Telecom or its affiliates. Subscribers also agree that Excess Telecom will not be liable for any missed voicemails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a device address book provided by Excess Telecom.
To the full extent permitted by law, subscribers agree to hold harmless and indemnify Excess Telecom 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 use of Excess Telecom products and services, or another person whom has been authorized or not to use the 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 service with Excess Telecom. 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.
Except for the limited warranties expressly set forth in these Terms & Conditions, and to the extent permitted by law, the services and devices are provided on an “as is” and “with all faults” basis and without any other warranties (including express or implied) of any kind to the fullest extent permitted by law. Excess Telecom makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning services or devices. Excess Telecom cannot promise uninterrupted or error-free service and does not authorize anyone to make any warranties on its behalf. Excess Telecom does not guarantee that communications will be private or secure; such interceptions can occur and Excess Telcom shall have no liability in the event that communications and or connections are intercepted.
Written notices can be sent to Excess Telecom at:
PO Box 69344
West Hollywood, CA 90069
Emailed notices can be sent to Excess Telecom at support@excesstelecom.com
Notices made by phone can be made by calling Customer Service at 1-800-615-0898.
Notices will be considered effective after being received by Excess Telecom. If a subscriber is unable to resolve concerns with Excess Telecom, they may file a complaint with the Federal Communications Commission’s (FCC’s) Consumer Complaint Center or their state public utilities commission. Any notice sent to a subscriber will be sent to the last known residence on file, or via text message to the phone number provided during account activation.
The following states provide Excess Telecom subscribers with additional rights, protections, and responsibilities:
Complaints concerning service can be directed to the Colorado Public Utilities Commission at:
Colorado Public Utilities Commission
Consumer Affairs
1560 Broadway, Suite 250
Denver, CO 80202
Phone: (303) 894-2070 or (800) 456-0858
Email: PUCconsumer.complaints@dora.state.co.us
Complaints concerning service can be directed to the Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501 or 1-800-282-5813.
You have the right to contact the Kentucky Public Service Commission regarding any dispute that you have been unable to resolve with your utility. Call toll free 1-800-772-4636.
Complaints concerning service can be directed to the Oklahoma Corporation Commission Consumer Services Division (CSD). The CSD may be reached at:
Oklahoma Corporation Commission
Consumer Services Division
2101 N. Lincoln Blvd. Suite 580
Oklahoma City, OK 73105
Consumer Services Division
P.O. Box 52000
Oklahoma City, OK 73152-2000
Phone: (405) 521-2331; (800) 522-8154
The Consumer Services Division’s hours of operation are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding State holidays.
Unresolved questions or complaints regarding service may be directed to the PA Public Utilities Commission, Bureau of Consumer Services by calling toll free 1-800-692-7380 or by visiting https://www.puc.pa.gov/complaints/informal/complaints
Complaints concerning service can be directed to the Consumer Services Division of the South Carolina Office of Regulatory Staff (ORS). ORS can be reached at 1-800-922-1531 or 803-737-5230, available Monday – Friday, 8:30 am to 5:00 pm. You may also contact ORS via mail or on their website, at:
Office of Regulatory Staff
Consumer Services Division
1401 Main Street, Suite 900
Columbia, SC 29201
If you wish to file a formal complaint with the South Carolina Public Service Commission, you can do so via their website, https://psc.sc.gov/consumer-info/filecomplaint
The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with 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 a hearing device is vulnerable to interference, it may not be able to use a rated wireless device successfully.
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 the hearing aid is, the less likely a customer is to experience interference noise from wireless devices. Hearing device manufacturers or hearing health professionals may help find results for hearing devices. Assist offers handsets with different levels of functionality described as follows:
Functionality Level A indicates a phone that is at least SMS, Camera, Bluetooth, USB, and Data Capable.
Functionality Level B indicates a phone that is at least SMS, Camera, and Data Capable.
Functionality Level C indicates a phone that is at least SMS and Data Capable.