Anytime Upgrade Program Terms & Conditions
SPECTRUM MOBILE
ANYTIME UPGRADE PROGRAM
TERMS AND CONDITIONS
By surrendering Your Device to Us, You agree to enter into a binding agreement with The Signal, LP (“The Signal”) and agree to the provisions outlined below, including the Mandatory Arbitration provision.
1. Definitions.
Anytime Upgrade Payment: A $35.00 fee paid to Spectrum, charged to You at the time of Your upgrade. This fee will be returned should You or We cancel Your upgrade order. This fee will also be returned if the prior DPP Device is received on-time but not in GWO, incorrect Device is received on-time, incorrect Device received on-time but not in GWO, Non-Operable Device is received on-time, or Device is not received on-time.
Device: An elegible device that is registered on a line of service that is enrolled in the Unlimited Plus rate plan.
Device Payment Plan (“DPP”): Spectrum Mobile’s device financing option that enables You to make monthly installment payments toward the purchase of a financed device.
Good Working Order (“GWO”): Means the Device with a DPP that conforms to the following:
A. Has not been reported as lost or stolen;
B. Any security lock, such as Find My™, SmartThings Find™, or Google Activation Lock™, must be turned off;
C. Is not cracked, or broken, and must be functional;
D. Is free from major physical damage, including no voids, chips, or cracks and no broken buttons or damaged camera lens;
E. Powers up, accepts a charge, and is functional per the manufacturer’s specifications (including the ability to make a call, functional camera, and functional speakers); and
F. Is free from liquid damage.
Our/We/Us: The Signal, LP the buyer of your Device presented for Anytime Upgrade Benefits.
Non-Operable: A Device submitted for redemption that suffered a catastrophic breakdown or damage and has no salvage value (e.g., liquid damage, does not power on, cannot receive or send calls or texts, or is destroyed).
Non-Return Fee: Should You receive a DPP payoff as part of Your redemption benefit and fail to surrender Your redeemed Device within thirty (30) calendar days of the new device being shipped, Spectrum Mobile will charge Your account a fee equal to the amount of the redeemed Device DPP payoff.
Paid-in-Full ("PIF") and Bring Your Own Device ("BYO"): Devices eligible for Anytime Upgrade Benefit that You fully own. - PIF includes completed DPPs.
You / Your: The account holder or Your authorized user with an Anytime Upgrade eligible line of service.
2. Anytime Upgrade Benefit. The Anytime Upgrade Benefit allows You to surrender Your Device to Us and upgrade to a new Spectrum Mobile device subject to the conditions below:
A. Your Device on a DPP must be in Good Working Order. PIF and BYO Devices must not be in Non-Operable condition.
B. Your Spectrum Mobile account must be current and in good standing. You are eligible for the Anytime Upgrade Benefit once You have been on the Unlimited Plus rate plan for at least thirty (30) days. In addition, You must remain on the Unlimited Plus rate plan for at least two (2) full bill cycles after completing an Anytime Upgrade Benefit redemption.
C. You agree to surrender ownership rights to Your Device when You surrender it for redemption and understand that We are under no obligation to return that Device to You.
D. Upon receipt of the Device, We, in Our sole discretion, will determine the condition of the Device and if it qualifies for the Anytime Upgrade Benefit.
E. The maximum number of Anytime Upgrade Benefit redemptions in a rolling 12-month period is four (4).
F. If You currently have a Spectrum Mobile DPP, the following additional conditions apply:
i. We will purchase Your Device and pay Spectrum Mobile the payoff balance of Your current Device DPP.
ii. Your Device must be in good working order
iii. You must surrender your Device and purchase a new Spectrum Mobile device under a new DPP or PIF.
iv. Once you surrender the Device we will verify the Device's condition upon receipt.
G. If Your Device is PIF or BYO, the following additional conditions apply:
i. We will purchase Your Device and pay Spectrum Mobile the Good Working Order current market value as of the redemtion date.Spectrum Mobile will credit Your billing account either (a) at the time You purchase Your upgrade devicein full; or (b) over the length of the new DPP.
ii. You purchase Spectrum Mobile device under a new DPP or Paid-in-Full
iii. Once You surrender the Device, We will verify its condition upong receipt.
(a) If the condition of the Device submitted for upgrade is Non-Operable, the current market value will be zero dollars ($0.00) and may be returned to You.
(b) Spectrum Mobile will start to apply any billing credits due to You within the first two (2) billing cycles.
3. How to Request Program Benefits. To begin an Anytime Upgrade Benefit, visit a participating Spectrum Mobile location or log into Your Spectrum Mobile account.
A. If You are surrendering Your Device at a participating Spectrum Mobile store, a Spectrum Mobile representative will confirm its eligibility and assess its condition. If the Device meets all Anytime Upgrade Benefit eligibility requirements and You surrender Your Device, We will pay the Anytime Upgrade Benefit according to these Terms and Conditions. If You are an existing Spectrum Mobile DPP customer and the Device does not meet the Anytime upgrade Benefit eligibility requirements Your Device will not be elegible for the Anytime Upgrade Benefit.
B. If You choose to initiate an Anytime Upgrade Benefit online, You must log into Your Spectrum Mobile account and follow the steps. We will provide You a prepaid shipping label for you to send Your Device to Us. Please package Your Device appropriately to prevent any damage. We must receive Your Device within thirty (30) calendar days of the new device being shipped to be eligible for the quoted amount; if Your Device is not received within thirty (30) calendar days of the redemption date You may no longer be eligible for the Anytime Upgrade Benefit. Customers who received a DPP payoff as part of their redemption benefit and fail to surrender their Device within this timeframe will be charged the Non-Return Fee. Spectrum Mobile will charge this amount to Your billing account. Should We receive the Device after this timeframe, We will contact You with a reassessed quote to purchase the Device at current market value or You may request that We return the Device to You. If We do not receive Your decision within fourteen (14) calendar days, We will process the reassessed purchase and send the quoted amount as a credit to Spectrum Mobile to apply to Your billing account.
C. Once We receive the surrendered Device, by mail, we will confirm its eligibility and assess its condition. Should We identify any issues with the surrendered Device, We will proceed as follows:
i. If the surrendered device is different from the Device associated with the Unlimited Plus line of service, We will notify You of the incorrect device that We received and provide You the option to return that device to You and for You to submit the Anytime Upgrade Benefit eligible Device. Alternatively, You may choose to sell the submitted device to Us at current market value in exchange for a credit to Your Spectrum billing account. You have fourteen (14) calendar days from this notification date to provide your decision. If We don’t hear from You within this fourteen (14) day timeframe, We will process the purchase of the submitted device based on the reassessed quote and provide Spectrum the credit to apply to Your billing account.
ii. If the surrendered Device arrives in a different condition than what You self-certified.
a. If financed under a DPP and the Device is not in Good Working Order, We will contact You with a reassessed quote to purchase the Device at current market value, or You may request to have the Device returned to You. You have fourteen (14) calendar days from this notification date to accept or reject the reassessed quote. If We don’t hear from You within this timeframe, We will process the purchase of the submitted Device based on the reassessed quote and provide Spectrum the credit to apply to Your billing account.
b. If PIF or BYO and the Device is Non-Operable, We will notify You with a reassessed quote to purchase the surrendered Device based on the current market value for its condition. You have the right to accept the reassessed quote or reject it and request for Us to return Your Device and cancel the Anytime Upgrade request. You have fourteen (14) calendar days from this notification date to provide your decision. If We don’t hear from You within this timeframe, We will process the purchase of the submitted Device based on the reassessed quote and provide Spectrum Mobile the credit to apply to Your billing account.
iii. If the surrendered Device has its security features engaged, We will contact You with a request to turn off Your security features. If You don’t turn off the security features within fourteen (14) calendar days We will return the Device to You and cancel the redemption request.
iv. If You Refuse Delivery of your New Upgrade Device, the Anytime Upgrade will be canceled and the previous Device Payment Plan will be reinstated, if appliable.
v. Certification. By surrendering Your Device You are certifying that:
a. You are over the age of eighteen (18) and free to enter into this agreement.
b. You are the account holder or authorized user on the account.
c. You agree to surrender ownership rights to Your Device when You surrender it for redemption and understand that We are under no obligation to return that Device to You.
d. You agree to provide Us with the information required to remit the Anytime Upgrade Benefit to Spectrum Mobile.
vi. Data Security. At the time of redemption:
a. You are responsible to protect and secure Your information stored on the Device.
b. You are responsible for removing all data and personal information including, but not limited to, SIM cards, memory cards, passwords, contacts, emails, pictures and calendars. Consult the user’s guide to learn how to erase or remove such information. You may keep Your removable memory card.
c. You must reset Your Device to factory settings and disable any passwords or locking features such as Find My, SmartThings Find or Google Activation Lock. Failing to do so will make the Device ineligible for Anytime Upgrade.
4. Applicability. These Terms and Conditions are separate from, any other agreements You may have with Spectrum Mobile including, but not limited to, its General Terms and Conditions of Service, Mobile Terms of Service, DPP(s) (collectively the “Spectrum Mobile Agreements”). To the extent that these Terms and Conditions conflict with any other provision of any other terms and conditions of the Spectrum Mobile Agreements, the provision(s) in the Spectrum Mobile Agreements shall apply.
5. Transferability and Availability. This Agreement is non-transferable. Anytime Upgrade Benefit is available only in the United States.
6. Cancellation. If You cancel Your Spectrum Mobile Account, line of service or switch Your line of service to an ineligible rate plan, You are no longer eligible for Anytime Upgrade Benefit. If You cancel Your Spectrum Mobile service during the DPP term, You will forfeit any unpaid Anytime Upgrade Benefit and the cancellation stipulations of Your DPP agreement would apply. You will be responsible for any outstanding DPP balance due to Spectrum Mobile.
7. Waiver of Liability. IN NO EVENT SHALL THE SIGNAL OR SPECTRUM MOBILE OR THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of, from, or related to the participation by You in Anytime Upgrade regardless of the form of action (including, but not limited to, negligence) and regardless as to whether We or Spectrum Mobile has been advised of the possibility of any such loss or damage. In the event a court of competent jurisdiction finds this Section unenforceable, You agree that the extent of or Spectrum Mobile’s or Our liability shall be no more than one hundred dollars ($100.00).
8. Independent Contractor. Anytime Upgrade in no way constitutes or gives rise to a partnership, joint venture or other relationship between The Signal and Spectrum Mobile. The Signal operates under these Terms and Conditions as an independent contractor and not as an agent for Spectrum Mobile.
9. Indemnity. You agree to indemnify and hold The Signal and Spectrum Mobile and their respective parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims or demands, including reasonable attorneys’ fees, made by any third parties due to, connected to, or arising out of, the breach of this agreement, any acts or omissions, or violation of any law or the rights of any third party by You.
10. Dispute Resolution. You understand that Charter Communications, Inc. is not a party to this agreement, and that any disputes that may arise with Charter Communications, Inc. are governed by Your agreement(s) with Charter Communications, Inc. including, and not limited to, the Dispute Resolution and Arbitration provision set forth under the heading “Binding Arbitration” in Your Customer Agreement with Charter Communications, Inc.
11. Mandatory Arbitration Provision. READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS AND WAIVES CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. To begin arbitration, either You or We must make a written demand to the other party for arbitration. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”) in effect at the time the claim is filed. Unless You and We otherwise agree, the arbitration will take place in the county and state where You live. We will advance to You either all or part of the fees of the AAA and of the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. IF ANY PORTION OF THIS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, IT SHALL NOT INVALIDATE THE REMAINING PORTIONS OF THE PROVISION, EXCEPT THAT IN NO EVENT SHALL THIS PROVISION BE AMENDED OR CONSTRUED TO PERMIT CLASS ARBITRATION OR ARBITRATION ON BEHALF OF ANY INDIVIDUAL OTHER THAN YOU. You agree that any arbitration proceeding will only consider Your claims. Claims by or on behalf of other individuals will not be arbitrated in any proceeding that is considering Your claims. YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS PROVISION, NEITHER YOU NOR WE WILL HAVE THE RIGHT, EXCEPT AS MAY BE PROVIDED ABOVE, TO GO TO COURT, OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. California Residents Only – Notwithstanding any other terms of the Provision, which otherwise fully apply, Claims seeking statutorily authorized injunctive relief that, if granted, would have the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public may be arbitrated.
12. Notice. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide at the time You surrender Your Device. All notices or requests pertaining to these Terms and Conditions will be in writing and may be sent by any reasonable means (e.g., by mail, email, facsimile, text message or recognized commercial overnight courier). Notices to You are considered delivered when sent to Your Device or by email or fax number You provided, or three (3) days after mailing to Your billing address.
13. Waiver; Severability. The failure of either party to require performance by the other party of any provision of these Terms and Conditions will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is unenforceable or invalid under any applicable law so held by applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
14. English Language. The original version of this agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
I acknowledge that I have read and agreed to the Anytime Upgrade Program Terms and Conditions.
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Accountholder’s Signature (date)
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