CALIFORNIA LIFELINE PROGRAM TERMS & CONDITIONS (APPLIES ONLY IN CALIFORNIA)
1. Agreement to Terms & Conditions. These California LifeLine Program Terms & Conditions and the TruConnect Terms & Conditions of Service, located at www.truconnect.com and incorporated herein by reference, apply to the TruConnect LifeLine Program in California. With regard to the TruConnect LifeLine Program, if these California LifeLine Program Terms & Conditions conflict with the Terms & Conditions of Service, these California LifeLine Program Terms & Conditions shall control. In interpreting these California LifeLine Program Terms & Conditions, TruConnect LifeLine Program plans shall be treated as Pay As You Go Services. In this document, “we,” “us,” and “our” refer to TruConnect Communications, Inc. (“TruConnect”); “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Handset” or “Handsets” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. These California LifeLine Program Terms & Conditions and the TruConnect Terms & Conditions of Service apply to TruConnect’s service plans offered in connection with the LifeLine Program (“ TruConnect LifeLine Services”). In interpreting these California LifeLine Program Terms & Conditions, TruConnect LifeLine Services shall be treated as Pay As You Go Services. By using your TruConnect LifeLine Service plan or phone, you accept these California LifeLine Program Terms & Conditions.
2. Plan Options. California LifeLine Program participants are entitled to a voice-grade connection. You understand and agree that TruConnect may change the TruConnect LifeLine Services (including any rates and fees) at anytime by updating plan information on TruConnect’s website. If you change your choice of plans, your changes will not be effective until the subsequent month. If you choose a TruConnect Pay As You Go wireless plan which is not free, you will automatically be switched to the free plan upon any failure to timely make a prepayment.
3. Government Subsidized. The TruConnect LifeLine Services are supported by subsidies from the federal government and the California state government. You acknowledge and agree that TruConnect may modify or terminate its TruConnect LifeLine Services in the event that there are any changes to the applicable governmental programs and subsidies, upon prior notice to you if/as required by state and federal regulations.
4. Program Availability. TruConnect LifeLine Services are only available in areas where TruConnect has been authorized by the applicable state and/or federal agency. To enroll in the TruConnect LifeLine Services, your principal residence address must be within an authorized area.
5. Customer Eligibility. To be eligible for the TruConnect Lifeline Program, you must meet the applicable eligibility standards in effect at the time of application (i.e. based upon your household income or your enrollment in a qualifying program), and the TruConnect Lifeline Program account must be in your name. You are responsible for notifying the California LifeLine Administrator if you no longer meet the applicable eligibility standards for LifeLine. In the event the California LifeLine Administrator determines that you are no longer eligible for LifeLine, TruConnect will notify you that your TruConnect LifeLine Services will be discontinued. If you advise TruConnect that you no longer qualify for LifeLine, TruConnect will deactivate your TruConnect LifeLine Services.
6. Application.The California LifeLine Administrator will determine whether or not you are eligible for LifeLine. Proof of eligibility is required, such as an eligible program card, statement of benefits, or income statements showing qualifying income levels. If TruConnect submits your LifeLine application to the California LifeLine Administrator, you may, at TruConnect’s sole discretion, receive a free handset from TruConnect in connection with the LifeLine Program (“ TruConnectv LifeLine Service Handset” or “ TruConnect Handset”), selected by TruConnect, that is preloaded with free promotional minutes and texts for use until your LifeLine application is approved by the California LifeLine Administrator. TruConnect will notify you when your LifeLine application has been approved by the California LifeLine Administrator. You understand that by signing up for TruConnect LifeLine Services, you may not have a LifeLine plan with any other carrier (wireless or landline), and you further agree to comply with any documentation or verification procedures necessary to confirm that you qualify for LifeLine.
7. Acceptance of Customer Application Your submission of an application to the California LifeLine Administrator does not constitute automatic enrollment in LifeLine. If you are no longer eligible for LifeLine, TruConnect may terminate your account and/or change your rate plan to the most favorable rate plan for which you are eligible without prior notice to you. If you misrepresent your eligibility for LifeLine, you agree to pay us the additional amount you would have been charged under the most favorable rate plan for which you are eligible. Further, you acknowledge and agree that LifeLine application and acceptance by TruConnect may be limited by TruConnect’s inventory of TruConnect Handsets.
8. Mobile Phone for the TruConnect LifeLine Program; Returns If TruConnect submits your LifeLine application to the California LifeLine Administrator, you may, at TruConnect’s sole discretion, receive a free TruConnect LifeLine Service Handset, selected by TruConnect, that is pre-loaded with free promotional minutes and texts for use until your LifeLine application is approved by the California LifeLine Administrator. Contact TruConnect customer service to purchase an upgraded phone. If you lose or damage your TruConnect Handset, contact TruConnect customer service for replacement handset options and pricing. TruConnect Handsets are provided ‘as is’ and without warranty. Notwithstanding the foregoing, if the TruConnect Handset is defective within 90 days of first use, is returned to TruConnect at the customer’s own cost within 10 days of the expiration of the 90 days period, and is not defective due to physical abuse or water damage as determined by TruConnect; then T TruConnect will send a comparable replacement handset to the customer at TruConnect’s cost. Due to availability, the same handset model may not be provided. Before sending in a defective handset, customer must contact TruConnect customer service and request an RMA number (which must be included with the return) and the appropriate return address. Any returns without an RMA number will be rejected. Removing the handset from the home may prevent other household members from making and receiving calls. Coverage limitations, including service interruptions due to terrain, signal strength, and weather, may affect the ability to make or receive calls, including calls to 911 in the event of an emergency.
9. Maximum of One LifeLine Account per Household. Lifeline is a government assistance program, and Lifeline service is non-transferable. Only eligible consumers may enroll, and the Lifeline Program is limited to one discount per household. If you or any member of your household receives a LifeLine supported telephone line from any other telephone company at the time of your enrollment, you are obligated to notify your current service provider that you are now on the TruConnect LifeLine Service. Failure to comply with this requirement is a material breach of these California LifeLine Program Terms & Conditions and may result in your immediate de-enrollment from the TruConnect LifeLine Services.
10. Annual Re-certification Requirement. To remain qualified for the LifeLine Program, you must successfully complete the annual renewal process authorized by the California LifeLine Administrator. If you fail to complete the annual renewal process by the required date, you will be deenrolled from the TruConnect LifeLine Services.
11. Change of Address. If you move, you agree to notify TruConnect within 30 days.
12. Non-transferrable. Your TruConnect LifeLine Service Handset and Services are nontransferrable. You agree not to give away, resell, or offer to resell them.
13. Blocked Services.TruConnect reserves the right to block calls and services that are not subsidized by the applicable government programs and/or that are not Pay As You Go for by you. Unauthorized manipulation, modification, adjustment, or repair made to your phone to allow the making of blocked calls shall constitute a violation of these California LifeLine Program Terms & Conditions.
14. No Rollover. Unused minutes will not be rolled over to subsequent months. Contact TruConnect customer service for details.
15. Termination for Non-Usage.In the event that you do not use your TruConnect LifeLine Services for thirty (30) days, TruConnect will notify you that you will have a 30-day cure period during which you can contact TruConnect to confirm that you want to continue receiving LifeLine services from TruConnect. If your TruConnect LifeLine Service is not used during the 30-day cure period, you will be de-enrolled from the TruConnect LifeLine Services.
16. Termination for Breach.In the event that you breach these California LifeLine Program Terms & Conditions, TruConnect reserves the right to immediately de-enroll you from the TruConnect LifeLine Services.
17. Discontinuation of the TruConnect LifeLine Program.TruConnect reserves the right to discontinue its TruConnect LifeLine Services at any time upon prior notice to you in accordance with current state and federal regulations (i.e. 30 days’ prior notice).
18. Cancellation.You may cancel your TruConnect LifeLine Services by calling customer service to de-enroll. Upon de-enrolling, you will not receive any refund.
19. Activation Fee.A one-time activation fee of $39 will be charged to all new or transferred accounts. The California LifeLine Fund will pay for no more than two activation fees per year per eligible LifeLine household. If the LifeLine household is not eligible to receive the $39 activation fee from the California Lifeline Fund, TruConnect will use its own funds to credit the activation fee.