Service Plan, Equipment and Payment Terms

Last updated on 11/21/17

THESE SERVICE PLAN, EQUIPMENT AND PAYMENT TERMS WHICH ARE MADE AVAILABLE BY FREEDOMPOP EU LIMITED. TRADING AS FREEDOMPOP ("FREEDOMPOP") FORM AN INTEGRAL PART OF THE FREEDOMPOP TERMS OF SERVICE (TOGETHER WITH ANY OTHER TERMS AND CONDITIONS, RULES OR POLICIES APPLICABLE TO THE USE OF THE SITE AND SERVICES, THE "Terms") THAT GOVERN YOUR USE OF THE SITE AND SERVICES (EACH AS DEFINED IN THE TERMS). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES MADE AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE AND SERVICES. FREEDOMPOP MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. FREEDOMPOP CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THIS SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS THAT YOU HAVE PROVIDED TO US. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THIS SITE AND THE SERVICES. IF INSTEAD, YOU CONTINUE TO USE THIS SITE OR THE SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. CAPITALIZED TERMS USED BUT NOT DEFINED BELOW, SHALL HAVE THE MEANING SET FORTH ELSEWHERE IN THE TERMS.

FreedomPop Broadband Service Monthly Plans

FreedomPop offers a variety of monthly plans (each a "Monthly Plan") for its Broadband service (the "Broadband Service") consisting of a prepaid Monthly Plans providing specified capacity limits of broadband data each month. All subscribers of FreedomPop's Broadband Service must choose a plan to activate the Broadband Service. The broadband data allocation included in each Monthly Plan for Broadband Service does not roll over from month to month and will be lost if not used within that month.

Prepaid Monthly Plans are set up as recurring charges. Your subscription will continue to recur until you terminate your Broadband Service via your online account.

FreedomPop Phone Service Monthly Plans

FreedomPop offers a variety of monthly plans (each a "Monthly Plan") for its UK voice and text messaging service (the "Phone Service") consisting of prepaid Monthly Plans providing specified limits of voice minutes and text messages to landline and mobile phones in the UK, each month. All subscribers of FreedomPop's Phone Service must choose a plan to activate the Phone Service. The minutes and text messages included in each Monthly Plan for Phone Service do not roll over from month to month and will be lost if not used within that month.

Prepaid Monthly Plans are set up as recurring charges. Your subscription will continue to recur until you terminate your Phone Service bia your logged-in account or by using the Support feature on our Site.

Types of Prepaid Broadband Service and Phone Service Monthly Plans

Month-to-Month Plans. If you purchase a month-to-month plan, you will be able to use the Broadband Service or Phone Service, as the case may be, for each consecutive monthly period that has been paid in advance, as described in your order confirmation or purchase receipt. For example, if you purchase a month-to-month subscription to the Broadband Service or the Phone Service and your billing cycle begins on the eighth day of the month, then you will be charged on the eighth day of the following month and each month thereafter, and your subscription for Broadband Service or Phone Service, as the case may be, will continue for consecutive monthly periods as long as you continue paying in a timely way.

Extended Term Plan. In order to receive more favourable pricing, some of the Broadband Service Monthly Plans and Phone Service Monthly Plans that we offer require you to pay in advance for Service with FreedomPop for a minimum subscription period of three months, six months, twelve months or twenty-four months (the "Term Commitment"). After you have satisfied the Term Commitment for the Broadband Service or Phone Service, as the case may be, you may renew for the same Term Commitment at our then-current rates for your Monthly Plan which we will notify to you (with the same data, voice, and/or text messaging allocation you had chosen for the Term Commitment), until you cancel your subscription to the Broadband Service or Phone Service, as the case may be, via your logged-in account or by using the Support feature on our Site. If you cancel your subscription to the Broadband Service before the end of the Term Commitment, you may continue to use the Broadband Service or Phone Service, as the case may be until the end of your then current Term Commitment, but you will not receive a refund for the remainder of your then current Term Commitment. If you do not renew or cancel, then your Monthly Plan will default to a rolling month-by-month contract which you can terminate at any time on one month's notice. Prior to your Term Commitment expiring, we will let you know your options to renew, cancel or continue month-by-month and the pricing for the renewal and month-by-month options

Extended Term Loyalty Plan. In order to receive more favourable pricing for both Equipment and Broadband Service or Phone Service, as the case may be, some of the Monthly Plans that we offer require you to commit to Broadband Service or Phone Service with FreedomPop for a minimum subscription period of three months, six months, twelve months or twenty-four months (the "Term Commitment"). During your Term Commitment you may upgrade your Broadband Service Monthly Plan or Phone Service Monthly Plan, as the case may be.

If you downgrade or terminate your Broadband Service Monthly Plan prior to the end of your Term Commitment or we terminate your Broadband Service Monthly Plan as a result of your breach of our Terms, including without limitation your use of the Site or Services in any manner not permitted by these Terms or your failure to make a payment when due, you will be charged ninety-nine pounds and ninety nine pence (£99.99) for hotspot devices or forty-nine pounds and ninety nine pence (£49.99) for USB modem devices plus applicable taxes for the Equipment.

If you terminate your Phone Service Monthly Plan prior to the end of your Term Commitment, or we terminate your Phone Service Monthly Plan as a result of your breach of our Terms, including without limitation your use of the Site or Services in any manner not permitted by these Terms or your failure to make a payment when due, you will be charged one hundred forty-nine pound and ninety-nine pence (£149.99) plus applicable taxes for the Equipment.

After you have satisfied the Term Commitment for the Broadband Service or Phone Service, as the case may be, you may cancel, downgrade or upgrade your Monthly Plan at anytime. You may renew your Monthly Plan at our then-current rates for your Broadband Service Monthly Plan (with the same data allocation you chose for the Term Commitment) or Phone Service Monthly Plan (with the same voice minute and text messaging allocation you chose for the Term Commitment), as the case may be, until you downgrade or cancel your Monthly Plan, via your logged-in account or by using the Support feature on our Site. If you want to renew your contract with us, a new Term Commitment may be agreed with you. If you do not renew or cancel, then your Monthly Plan will default to a rolling month-by-month contract which you can terminate at any time on one month's notice. Prior to your Term Commitment expiring, we will let you know your options to renew, cancel or continue month-by-month and the pricing for the renewal and month-by-month options

Value Added Service and Other Service Plans. FreedomPop offers Value Added Services and Other Services for a monthly or other periodic (e.g., three-month or annual) prepaid subscription fee. Unless otherwise expressly specified by FreedomPop for a particular service, All Value Added Services and Other Services are set up as recurring prepaid charges. All references to 'month' or 'monthly' in these payment terms shall be deemed to relate to any other periodic subscription term (e.g., three-month or annual) as relevant.

For all Monthly Plans, you confirm that you would like the Phone Service or Broadband Service to begin immediately your account has been approved.

Payment for Monthly Plans and Trials

Please also see our FreedomPop Payment Terms section below for additional payment terms.

Your monthly payment date is based on the day of the month that you activate your Monthly Plan or Trial Plan. Payment is due on your monthly payment date. For example, if you purchase a month-to-month subscription or trial subscription and your billing cycle begins on the eighth day of the month, then you will be charged on the eighth day of the following month, and each month thereafter, until you terminate your subscription. Payments are made by automatically charging your registered payment method for the total Monthly Plan or Trial Plan amount.

If your registered payment method is declined by your payment provider, we will retry charging your registered payment method every 6 days, up to 5 times, after the charge is initially declined unless you have paid the charge in full before the day on which we next retry charging your registered payment method. During this time (if the non-payment relates to the Broadband Service), your Broadband Service (and any Value Added Services you have purchased) will be suspended and your Broadband Service will be deemed inactive, as further described below. If your Broadband Service or Value Added Services are suspended, you will not be able to use such services, regardless in the case of the Broadband Service, of the data usage balance in your FreedomPop Account.

Monthly Plans

You may upgrade your Broadband Service or Phone Service, as the case may be, to any higher level Monthly Plan option at any point during your plan month. When added during your existing plan month, you will be charged a pro-rated amount of the upgraded Monthly Plan, and will be given the combined data (remaining data on the existing Monthly Plan and data on the new upgraded Monthly Plan) or voice minutes and text messages (remaining voice minutes and text messages on the existing Monthly Plan and voice minutes and text messages on the new upgraded Monthly Plan), as the case may be, for the remainder of your existing Monthly Plan cycle for the Broadband or Voice Service month in which you upgrade.

Pay as You Go

All FreedomPop Service subscribers are provided with a specified broadband data allocation or voice minute and text message allocation each month in accordance with the Monthly Plan they have selected. Broadband Service subscribers can use additional broadband data beyond their applicable Monthly Plan capacity limits and are charged for additional usage based on the rates set by their subscribed Monthly Plan; the applicable additional usage rates will be notified to you before you complete the transaction to subscribe to the Broadband Service. Additional data charges are deducted from your FreedomPop Credit Account. At the end of each broadband session we will calculate your broadband data usage rounded up to the nearest 0.1 megabyte. For example, if your actual data usage is 1.32 megabytes, you will be charged for 1.4 megabytes of data usage. We'll deduct the total charge from your Credit Account balance at the end of each session. Phone Service subscribers may not use additional voice minutes or text messages after their Monthly Plan capacity limits have been met for the month.

Automatic Top-Ups for Broadband Service

FreedomPop uses an 'Automatic Top-Up' feature to ensure you are never left without broadband access when you exceed your paid-for Monthly Plan limits. We will notify you when you have exceeded your subscribed Monthly Plan limits as soon as reasonably practicable and give you an option to opt in or out of the automatic top-up. The default top-up amount is £10.00. We may allow you to select a greater top-up dollar amount by using the My Account feature on our Site (or other feature that we may make available). In any billing month that your usage is within 20mb of your Monthly Plan broadband data allotment limit, your FreedomPop Account will be charged the automatic top-up amount using the registered payment method associated with your FreedomPop Account. As your broadband data use exceeds the broadband data allotment of your Monthly Plan, an amount equal to your total additional usage multiplied by the additional cost per megabyte as defined by your Monthly Plan, will be deducted from your FreedomPop Credit Account balance. When your FreedomPop Credit Account balance falls below £1.00, your registered payment method will be charged the applicable Automatic Top-Up amount as described above. This payment will occur each time your FreedomPop Account balance falls below £1.00 to prevent an interruption in the Broadband Service we provide you. If your registered payment method is declined, we will retry charging it every 2 days up to 4 times, after the charge is initially declined unless you have paid the charge in full before the day on which we next retry the charge. If the balance in your FreedomPop Account runs out and you have not provided us with a new functioning payment method, your access to the Broadband Service and Value Added Services will be suspended and your Broadband Service will be deemed inactive, as further described below. If you do not use your Account Credit for a period of 30 days, FreedomPop will place your Account Credit on inactive status. You can reactivate the Account Credit by following the reactivation link at https://uk.freedompop.com/billing_overview.htm Account Credit on inactive status is not refundable

Active and Suspended Broadband and Phone Service

If you choose a prepaid Monthly Plan for the Broadband Service or Phone Service, your Broadband Service or Phone Service, as the case may be, will remain active every month in which you timely pay all applicable fees for your use of the Broadband Service or Phone Service, as the case may be, and Value Added Services. Your Broadband Service or Phone Service, as the case may be, becomes suspended if you fail to pay any fees for the Broadband Service or Phone Service, as the case may be, and Value Added Services when due . While your Broadband Service or Phone Service, as the case may be, is suspended, you will have no access to the Broadband Service or Phone Service, as the case may be, or any Value Added Services you have purchased until you pay all outstanding fees due on account. If 30 days following your monthly payment date and following on from the notice of non-payment that we have provided to you, you're unable to pay all applicable fees, your Broadband Service will be cancelled.

Dormant Status

Your account may enter into dormant status if there has been no device usage within the last 60 days. Your FreedomPop service will not be fully operational until you resume back to active status. You can exit dormant status though the FreedomPop Messaging App, by logging into your online account, or contacting Support.

Mobile Number Recycling Policy

Your phone number may be removed and recycled from your account if there has been no calls or texts placed/received within the last 60 days. If you have an OTT account, then your number is eligible to be recycled if there is no usage during the week following your first day of service, or after 30 days of no usage. If the phone number gets removed from your account, you will be able to select a new phone number at no cost. Note: this policy does not apply to accounts where a phone number has been ported in.

Reactivate Service

If your Service is cancelled for any reason, you can Reactivate your Service by making payment for all outstanding fees due and reactivation payment of £19.99. Following payment for all outstanding fees due and your reactivation payment, your Broadband Service or Phone Service, as the case may be, and Value Added Services will become active

FreedomFriends and Special Offers

FreedomFriends

You may earn additional broadband capacity each month by connecting with your friends on the FreedomPop broadband network using the 'Friend Finder' feature on the Site. You'll earn 10mb of additional broadband capacity per month for each of your friends who is an active subscriber (in good standing) to the Broadband Service (as determined by FreedomPop) on your monthly billing date, up to a cap of 500mb per month.

Special Offers

You may also earn additional broadband capacity, voice minutes, or text messages by performing specified actions with our third party advertisers (e.g., completing a questionnaire or purchasing a product or service). For each third party offer, you'll be informed of the action that you need to take and the amount of additional broadband capacity, voice minutes, or text messages that you will earn if you successfully complete the required action (as determined by the advertiser making the offer). Please note that in responding to such advertisements you may be transferred to third party websites and you may be required to agree to additional terms and conditions in order to participate in such third party offers (e.g., the third party platform that hosts such advertisements, and the advertiser, may require you to agree to their terms and conditions and privacy policies). Please carefully review the provisions in our Terms of Service under the title "Links to Third Party Sites" which address links to third party web sites. We are not responsible in any way, for the websites, activities, products, services or other acts or omissions of the third party platform providers or advertisers.

FreedomPop Payment Terms

We currently accept the following payment methods: Visa, MasterCard, Amex and Discover.

We reserve the right to change our fees or other charges at any time by updating these Terms and/or by notifying you at least one (1) month in advance on the Site and via email. If you do not agree to the new charges and fees, you may terminate the Service and these Terms without any penalty to you.

If you do not pay on time or if FreedomPop cannot charge your registered payment method for any reason, FreedomPop reserves the right to either suspend or cancel your access to this Site and the affected Services and terminate these Terms. Since all Services provided by FreedomPop are prepaid, if your registered payment method is declined, the relevant Services will be suspended and you will no longer be able to use such Services until you reactivate your Services by paying the outstanding fees and associated reactivation fee (unless your Services have already been cancelled due to such non-payment as specified above). You expressly agree that FreedomPop is permitted to bill you for the applicable fees, applicable taxes and any other charges you may incur in connection with your use of the Site and Services and the fees will be billed to your registered payment method associated with your FreedomPop Account, and thereafter at regular intervals as described in these Terms until you or we cancel your Services as set forth herein.

If you cancel your FreedomPop Account or a Service at any time, you will not receive any refund , unless you cancel in accordance with the section "30-day cancellation policy" below. If you have an unpaid balance due on your FreedomPop Account upon cancelation, you agree that FreedomPop may charge any such unpaid fees for services already rendered at that point to your registered payment method or otherwise bill you for such unpaid amounts.

All amounts are payable in British Pounds only. You may not transfer your purchases to a third party.

All payments made by you to FreedomPop are final and are non-refundable, except: (a) if these Terms or applicable law expressly provide otherwise; or (b) FreedomPop in its sole discretion, decides to provide you with a refund even though we are not legally required to do so.

Pricing Corrections

In the event a Service is listed at an incorrect price or with incorrect information, FreedomPop shall have the right to refuse or cancel any orders placed for that Service whether or not they have been confirmed and your payment has been accepted, although FreedomPop will refund any incorrect amounts paid by you if you have not already used the affected Service.

Taxes & Surcharges

Stated prices for the Services and Products are inclusive of VAT.

Disputed Charges

If you think that there has been an error in any charge associated with your FreedomPop Account, please submit your payment dispute notification through our online Support feature and one of our advisors will investigate your claim.

Third Party Fees

We are not liable for any fees or charges for products or services provided by third parties through, or for use on, your mobile device, phones, computers or other equipment. If an unauthorized or disputed charge for a third party product or service appears in your credit card or other billing or financial statement or invoice, you must contact that third party directly to resolve the billing issue.

Pre-Ordering of Equipment

As explained elsewhere in these Terms, you will need to obtain Equipment in order to use the Broadband Service, Phone Service, and Value Added Services. From time-to-time, FreedomPop may allow you to pre-order a limited quantity of Equipment that is not yet available for shipping. In this case, FreedomPop will charge your registered payment method for the Equipment when you place your pre-order. FreedomPop will send you an email confirming your pre-order (which is also your receipt for this purchase). When the Equipment is ready for shipping, FreedomPop will email you a tracking number. Once your Equipment has shipped, FreedomPop will add its Broadband Service Monthly Plan or Phone Service Monthly Plan, as the case may be, to your FreedomPop Account. You can change your Monthly Plan at any time as specified in these Terms. In the event that you decide not to wait for your pre-ordered Equipment to ship, you can submit an order cancellation and refund request by using the Support feature on our Site. However, you may not cancel your order once the Equipment has shipped.

Leased Equipment with Deposit

General. FreedomPop expressly retains all ownership of and title to leased Equipment at all times; however, you are solely responsible for protecting the leased Equipment from damage and misuse while in your possession.

Leased Equipment with Deposit. From time-to-time, FreedomPop may permit you to lease Equipment from FreedomPop instead of purchasing it. In such case, we may require you to pay a deposit when you place your order for leased Equipment. If we collect a deposit from you and you terminate your subscription to the Broadband Service or Phone Service, as the case may be (or we terminate your subscription other than for your breach of these Terms), we will refund the deposit (less any amounts that you owe to us) to your registered payment method within 90 days after the date on which you return the Equipment to us, on condition that (a) you (or we) terminate your subscription to the Broadband Service or Phone Service , as the case may be, within one (1) year of the start date of your subscription; and (b) you return all Equipment to us (at your expense) within 30 days of the date on which either: (i) you notify us that you wish to terminate your subscription to the Broadband Service or Phone Service, as the case may be; or (ii) we notify you that we are terminating your subscription to the Broadband Service or Phone Service, as the case may be. For the avoidance of doubt, if we terminate your subscription to the Broadband Service as a result of your breach of these Terms, including without limitation, your use of the Site or Services in a manner not permitted by these Terms, in which case you will, to the extent permitted by applicable law, be deemed to have forfeited your deposit. When returning your Equipment and as a condition of receiving any deposit refund to which you are entitled, you must follow the Equipment Return Procedures below.

To the extent you are entitled to a refund of your deposit, we will deduct from your deposit refund all amounts owed and unpaid for any Services and for any Equipment you return that is damaged due to neglect, misuse, liquid damage or non-standard wear and tear. You will not receive a refund of your deposit if you do not meet all the refund conditions specified in the previous paragraph. Shipping and handling charges are not refundable. Restocking fees may apply. Any amounts withheld by us from your deposit become the property of FreedomPop to use as it wishes. If applicable law requires us to handle deposits, refunds or any other matter relating to Equipment, differently than described in these Terms, we will adjust our procedures accordingly to ensure that we comply with applicable law.

30-Day Cancellation Policy

If within the first 30 days after receiving your Equipment that you have purchased from FreedomPop, you are not fully satisfied with the Broadband Service or Phone Service, as the case may be, for any reason, you may return the Equipment and the original carton contents that we provided to you, to us for a refund of the amount you paid for the Equipment. You will only pay for return shipping. You must follow the Equipment Return Procedures specified below. Once we receive the Equipment, we will issue a refund of the amount you paid for the Equipment and the cost for standard delivery of the Equipment to you. We will deduct from your refund, or refuse a refund, to the extent the Equipment is damaged due to neglect, misuse, liquid damage or non-standard wear and tear. You will pay the cost of returning the Equipment to us.

Where you do not order Equipment from us, if you are not fully satisfied with the Broadband Service or Phone Service, you may cancel you order at any time within the first 30 days of the Service first being available to you.

You may cancel via your logged-in account or by emailing or by completing and returning the cancellation form.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

Where you cancel under this section, you will be required to pay for any use you have made of the Broadband Service or Phone Service (as appropriate) made up to the day on which your cancellation takes effect, in accordance with your Monthly Plan.

Defective Equipment

Defective Equipment

We will exchange or refund any Equipment that you purchase from FreedomPop which has a manufacturer's defect if you return the defective Equipment to us within ninety (90) days of the date we ship the Equipment to you and you otherwise meet and follow the requirements specified below.

If you're having a problem with your Equipment, please contact us using our online Support feature. We will try to resolve the issue with you. If we cannot resolve the issue and the issue is caused by a manufacturing defect in the Equipment, we'll send you a replacement (a similar unit or one of comparable quality) at no cost to you or refund you the amount paid, at your option. We may ask you to return the Equipment to us in which case you must follow the Equipment Return Procedures below). If we determine in our sole discretion, that the returned Equipment is not defective, we will not exchange the Equipment and your original Equipment will be returned to you at your expense. Before contacting FreedomPop Support, please test the Equipment on two computers or mobile devices to verify whether it is an Equipment problem and not a computer/mobile device problem.

This section is in addition to your statutory rights in respect of defective goods which are not affected by this document.

Equipment Return Procedures

If you are eligible to return Equipment, please submit an Equipment return request using our online Support feature, specify the reason for the return, and include the model and IMEI number and we will issue a Return Material Authorization (RMA) number to accompany your authorized return, which will also tell you where to ship the Equipment. We cannot accept any return, without a RMA number. Please pack the Equipment in its original packaging with the original carton contents that we provided to you; and include a copy or your FreedomPop purchase receipt or other proof of purchase. All Equipment must be in like-new condition (reasonable wear and tear excepted) and include all accessories included in original Equipment package. Refunds, deposit returns and exchanges will only be issued to the purchaser whose name appears on the purchase receipt. Please retain a copy of your purchase receipt for your records. Equipment subjected to neglect, misuse, liquid damage or non-standard wear and tear, is not eligible for our return or exchange programs. Shipping and handling charges are not refundable, unless we say otherwise in these Service Plan, Equipment and Payment Terms. Restocking fees may apply. To the fullest extent permitted by applicable law, you are responsible for paying all shipping, insurance and any other costs in connection with your return of Equipment for any reason. FreedomPop reserves the right to refuse delivery of any Equipment if you have not paid such costs FreedomPop may accept delivery and bill you for such costs.

Please note that returning your Equipment does not automatically terminate your subscriptions to the Broadband Service, Phone Service, or other Services. In order to cancel your Services subscriptions, please please visit your logged-in account or visit the Support feature on our Site.

If you purchased your Equipment from another retailer or website, the retailer's or website's return policy applies to your device; please do not return it to us.

Cancellation Form

To FREEDOMPOP EU LIMITED, 16 Great Queen Street, Covent Garden, London WC2B 5AH, UK

I hereby give notice that I cancel my contract of sale of the following Products: ____________________________________
____________________________________
____________________________________
Ordered on: ________________________
Names of consumer(s): ______________
Email of account: __________________
Address of consumer(s):
____________________________________
____________________________________
____________________________________

Signature of consumer(s) (only if this form is notified on paper):

____________________________________
Date: ______________________________