Payments

You will make payments to Telava for the Service and Device using Credit Cards such as Visa as means of payment. You will ensure that the Credit Card information you have provided is valid at all times. Failure to provide valid Credit Card information or Credit Card status may result in suspension or termination of service. You expressly agree Telava may charge all amounts associated with your Broadband Bullet account. You will pay Telava all outstanding balances when due. Accounts not paid in full by the due date are subject to suspension or termination by Telava. If your Card expires or the account is closed or suspended and you have not provided Telava with valid replacement Card information, your account will be suspended or terminated. Before Service can be reactivated, you must pay Telava all amounts due. You will also be required to pay a re-activation fee per account to cover Telava’s administrative costs associated with the termination.

Customer accounts will be automatically charged for monthly fees two (2) days prior to the end of each month to the credit or debit card you have on file. Customers may access their invoice history and update billing information by logging in at www.telavamobile.com with a username and password.

Security Deposit requirements (if applicable)

If the Device is lost or damaged, the Device deposit fee of $100 will not be refunded and we will request the remaining value of an additional $100. You then can decide if you would like us to send you a new Device with a new Device security deposit or cancel your account.

Billing Disputes

You must notify Telava in writing within thirty (30) days of charged date on your Credit Card statement If you dispute any Telava charges on that statement or such dispute will be deemed waived.

Credits

No credit or adjustment will be made for interruptions or degradations of the Service.

Service Availability

You understand that the Broadband Bullet Service may not be available in all areas and even within coverage areas service availability, signal strength, quality and network speeds may vary and may be lower than advertised or be insufficient for use of the Service.

Device is not voice-capable. Data: Data speed is variable and may be impacted by network conditions and traffic. Your data session, plan or service may be slowed, suspended, terminated or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users. We may also temporarily reduce data speed for a subset of customers who use a disproportionate amount of bandwidth during a billing cycle. You may not use your plan or device for the prohibited uses listed in your data plan terms. Data device may not be shared in any manner, including use with a network or more than one computer or other device. This device requires a specific data plan; if you do not have the right plan, you may not be able to use data services. See data plan Terms for additional details. Coverage: Service not available everywhere; 3G coverage available in limited markets. Domestic roaming not possible. For coverage details, see Coverage Maps. International use requires international service SIM and activation; usage does not apply toward 5GB limit. International rates apply. If you wish to use parental controls or filter certain content you’ll need to purchase software that accomplishes the monitoring service. If you wish to filter or restrict such content, go to: www.netnanny.com or http://home.mcafee.com.

Service Term

Your service is prepaid and provided to you on a month-to-month basis. Overage charges apply for metered services; partial MB rounded up for billing. Your service will be automatically activated on the scheduled date of delivery. A proration credit for the unused portion of the service for the first month will be applied to the second month of active service and automatically billed two (2) days before the first of every month thereafter, using the credit card associated with your online account. If the service is cancelled prior to the second month, no credit will be issued. There is no refund or credit for partial month of service. If you wish to suspend service, you must notify Telava by contacting us at 1-888 9TELAVA. A suspense fee of $10 per month will apply and suspension of service cannot exceed three (3) months. Telava is not responsible for lost or stolen Device or fraudulent use of services by any party.

Termination

A customer may close their account at any time three (3) days before the first of each month. You may cancel by contacting us at 1-888-9TELAVA or email your cancellation request to customercare@telava.com at least three (3) days prior to the first of each month.

Security Deposit (If applicable): The Device must be returned in proper working order in its original packaging on or before the 15th of the following month of cancellation request. Your account will not be closed until we receive all of these items to our office. Failure to return all items results in a no Device security deposit refund of $100 and we will request the remaining value of an additional $100. The account can then be closed.

Subject to applicable law, you expressly agree that all applicable monthly service fees and charges will accrue until this Agreement has terminated and the Services have been disconnected. Monthly Service fees will not be pro-rated.

Telava may suspend or discontinue providing the Service generally, or terminate your Service, either in whole or in part, at any time in its sole discretion. If Telava discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of such discontinuation or termination.

Device

Please be sure you have a usable USB port available on your system for using the USB Device. Telava warrants to you that the Device, when properly used, will be substantially free from material defects in material or workmanship, under normal use in compliance with Telava's instructions, for a period of One Year from the date you receive the Device ("Limited Warranty"). Telava does not warrant that the Device will meet your requirements, or that the operation of the Device will be uninterrupted or error-free. This Limited Warranty excludes any defects resulting from 1. Normal wear and tear 2. Any defect that is (a) discovered by you during the warranty period but you do not notify or request a return merchandize authorization (“RMA”) number from Telava, as required below, until after the end of the warranty period, (b) caused by any accident, misuse, abuse, neglect, theft, vandalism, improper installation, handling or testing, or actual or attempted unauthorized repair or modification of the Device other than that which is expressly granted in writing by Telava, (c) caused by use of any software other than any Software supplied by Telava, or by use of the Device other than in accordance with its documentation, or (d) the result of electrostatic discharge, extremes in temperature, unusual physical stress, electrical surge, fire, water, flood, act of God or similar causes 3. Your failure to comply with Telava's policies, Device documentation or other instructions provided by Telava or 4. Any other cause beyond the reasonable control of Telava, all as determined by Telava in its sole discretion.

Repair or Replacement

Under the of One Year Limited Warranty period applicable to any product purchased by you, Telava, at its expense, will repair or (at its option) replace the Device, and will ship the repaired or replacement Device to you, if Telava determines, in the exercise of its reasonable judgment, that the Device has a covered defect, provided that you first notify Telava of any such defect, request an RMA number from Telava, and return the Device, shipping charges prepaid, to Telava under that RMA within fifteen (15) days. If, upon reasonable examination of the returned Device, Telava does not substantiate the defect claimed by you, or determines that the defect is not covered under this limited warranty, Telava will not be required to repair or replace the Device, but may instead reship the Device to you, in which case you shall be responsible for paying Telava’s usual charges for unpacking, testing, and repacking the Device for reshipment to you. You shall bear the risk of loss or damage in transit to any Device returned by you to Telava, or any returned Device not found to be defective or covered under the Limited Warranty and reshipped by Telava to you. Replaced Device shall be covered by the time left remaining of the original One Year Limited Warranty. Any returned and replaced Device becomes the property of Telava. Repair or replacement, in Telava's discretion, of the Device is Telava's only responsibility, and your exclusive remedy, for breach of any warranty regarding the Device, as applicable. This Limited Warranty is personal to you, and will terminate immediately upon the sale or transfer of the Device or expiration or termination of this Agreement.

Additional Terms for Data Plans and Features

The following terms apply to your data plan or feature (“Data Plan”). To the extent any term in your Data Plan expressly conflicts with the general Terms and Conditions, which also apply to your service, the term in your Data Plan will govern. Please read your Data Plan carefully.

1. Permissible and Prohibited Uses

Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted.

Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either our services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Telava or another entity’s network or systems; or (e) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.

2. Protective Measures

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your total usage exceeds 10GB (amount is subject to change; please periodically check www.telavamobile.com for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. We may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

3. Downloadable Content and Applications

You can purchase Content and Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) for and with your compatible device. Some Apps that you can purchase with your device are not sold by Telava; for these Apps, you can identify the third party seller at the point of purchase. For these third party purchases, although the charges will appear on your Telava bill, Telava is not responsible for the App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third party seller identified at the point of purchase. When you use, download or install an App sold by a third party seller, you may be subject to license terms between you and the third party seller and App developer. When you use, download, or install Content or Apps that you purchase from Telava, the Content or App is licensed to you by Telava and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from Telava or a third party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App.

Telava is not responsible for any third party content or website you may be able to access using your device. You may encounter advertisements from other entities ("Third Party Ads") while you are browsing the Internet, or using an application on your device. Telava is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.

Telava may retain, use, and share information collected when you download, use, or install some Content or Apps, may update your Content or App remotely, or may disable or remove any Content or App at any time. Refer to Telava’s Privacy Policy as well as the Content or App creator/owner’s privacy policy for information regarding the use of information collected when you download, install, or use any Content or App. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content or App.