THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY OR JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW THAT IS APPLICABLE TO YOU AND US.
Nextab
Terms and Conditions and
Agreement to Arbitrate Disputes and
Judge or Jury Trial Waiver
Last Updated: April 18, 2023
Summary of major changes since last update (February 22, 2023 version): n/a
This Agreement governs the provision of the Services by Nextab LLC (“Nextab,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices. As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by Nextab, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Nextab or that you activate or use with our Services; and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and Nextab consists of:
To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the Nextab website, which you should check regularly for updates.
THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU:
(a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for Nextab’s Services. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with Nextab or contact Nextab Customer Service immediately to terminate your Services by calling toll-free at (855) 9-NEXTAB. We may deny requests to subscribe to our Services for any lawful reason.
CONTENTS
The Affordable Connectivity Program (ACP) is a government assistance program administered by the Universal Service Administrative Company (USAC). The ACP program provides discounts on monthly communications services for eligible consumers, including voice calls, text messages, and broadband Internet access services. The ACP presently provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands). Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price. Discounts are applied to the retail rates of Nextab’s Service Plans (discussed in Section 2) for eligible Nextab subscribers.
To request enrollment in Nextab’s ACP-supported services, you must complete an ACP service application. The application requires that you certify, under penalty of perjury, that you understand and agree to the laws, regulations, and other requirements for receiving ACP services. By submitting an application, you consent to Nextab or its representatives assisting you with applying for ACP services or doing so on your behalf and to the release necessary information (e.g., name, telephone number, address, and eligibility information) to process your application or for administration of ACP services to federal government entities, or USAC. Failure to consent will result in denial of ACP services.
This consent is ongoing while you are a Nextab ACP subscriber and survives any termination of this Agreement. Nextab addresses subscriber data use and subscriber privacy rights in detail in its Privacy Policy, available at www.nextab.com/terms. Nextab’s Privacy Policy is incorporated into this Agreement by this reference.
You must meet the applicable eligibility standards to be eligible for Nextab’s ACP services. ACP eligibility standards are determined by federal law and regulations. These eligibility requirements include program-based eligibility or income-based eligibility. You must also be at least 18 years old (unless you are an emancipated minor) and must not be listed as a dependent on another person’s tax return (unless over the age of 60).
Eligibility is determined when applicants enroll in eligibility databases, which may request documentation as evidence of an applicant’s eligibility. Acceptable documentation is determined by USAC and third-party administrators and will be explained to you when such documentation is requested.
Nextab subscribers may qualify for ACP program-based eligibility if they participate in one or more of the following programs:
You may qualify for the ACP based on income (income-based eligibility) if your total gross income is at or below 200% of the Federal Poverty Guidelines. Please visit USAC’s eligibility website for details. Federal regulations define “gross income” as all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code.
Under federal law, only one ACP benefit is permitted per household, which may be applied to wireless or landline service. For purposes of the ACP program, a household is defined as any individual or group of individuals who live together at the same address and share income and expenses. Separate households that live at the same address are eligible, including, for example, residents of homeless shelters and nursing homes. A household is not permitted to receive ACP benefits from multiple providers, but the ACP benefit associated with your household may be transferred from another provider to Nextab, subject to certain restrictions.
To receive ACP service through Nextab, an applicant’s principal and permanent residential address must be within Nextab’s service area. Applicants cannot apply for ACP service using a second home or business address. If you move to a new address, you must provide that new address to Nextab within 30 days of moving. Visit www.nextab.com to check whether you reside in Nextab’s service area.
ACP subscribers are required to recertify, on an annual basis (once per calendar year), that they continue to meet eligibility requirements and other qualifications to receive ACP services. Recertification is conducted or facilitated by USAC, but Nextab may send you text messages and other communications reminding you to complete your recertification. If a subscriber fails to complete the annual recertification by the deadline, Nextab will notify the subscriber that the subscriber will be de-enrolled from the ACP. If the subscriber fails to recertify by the deadline or no longer meets eligibility requirements or other qualifications, the subscriber will be de-enrolled from the ACP, and the phone number the subscriber was using may be assigned to another subscriber. To continue utilizing the Services, the subscriber may re-enroll in the Nextab ACP, if eligible, or choose from any of the then available prepaid plans under the applicable terms and conditions for that plan. Upon re-enrollment, the subscriber may be assigned a new phone number.
You must notify Nextab within 30 days if for any reason you no longer satisfy the criteria for receiving ACP services, including if (1) you no longer meet the income-based or program-based eligibility criteria, or (2) you or a member of your household begins receiving another ACP benefit. Nextab may conduct checks to verify your continued eligibility for receiving ACP service at any time. If we determine that you no longer satisfy the criteria, we will de-enroll you from Nextab’s ACP service and deactivate your Services.
Eligibility for Nextab’s services is personal to you. Under federal law, you may not transfer to any third party any of your rights or benefits received under the Nextab Service, including, but not limited to, any voice, text, or data allotments you receive to use the Nextab Services. Similarly, you may not assign your rights or delegate any of your duties to any third party, including any individual that may be eligible to receive ACP service, without the prior written consent of Nextab, and any attempted assignment or delegation without such consent shall be void. Nextab may assign all or part of these terms or your debts to us without notice.
Subscribers must personally activate their Nextab ACP service by making a call or as otherwise described by Nextab at the time you enroll in the service.
To maintain Nextab ACP service, FCC regulations require that, unless a subscriber has a regular billing and payment relationship with us, the subscriber must use the service every 30 days. Subscribers can “use” the Services by: (1) completing an outbound call, sending a text message, or using data; (2) purchasing minutes or data from Nextab to add to the subscriber’s service plan; (3) answering an incoming call from a party other than Nextab; or (4) responding to direct contact from Nextab and confirming that the subscriber wants to continue receiving the ACP service. We note that if you receive data-only service, the texting or calling “use” provisions may not apply. At or before 30 days of non-use, Nextab will provide subscribers with notice that failure to use the ACP services within a 15-day notice period will result in de-enrollment. Nextab may also send text messages reminding a subscriber to use the service. If a subscriber does not respond to the notice or use the service before the end of the 15-day notice period, Nextab is required to and will de-enroll the subscriber from the ACP. At that time, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use the Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network.
Nextab may offer prepaid and postpaid wireless services. For postpaid services, Nextab may disconnect the subscriber’s ACP-supported service after 90 consecutive days of non-payment. At or before 90 days of non-payment, Nextab may provide subscribers with notice that failure to pay will result in de-enrollment. Nextab may also send text messages reminding a subscriber to pay for their ACP-supported service. If payment is not made, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use the Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network. Please also see section 4 below, regarding Nextab’s Charges and Payments terms.
The ACP is a federal benefit, and any violation of ACP laws and regulations can result in fines, imprisonment, de-enrollment, or permanently being barred from the program. Willfully providing false or fraudulent information to obtain or continue to receive ACP benefits, violating the one-per-household limitation, or otherwise violating or failing to follow ACP requirements or limitations all constitute violations of federal ACP laws or regulations. Nextab may suspend or de-enroll you from receiving ACP-supported service, without notice, if we suspect or determine that you have engaged in fraud or violated any ACP laws or regulations.
The subscriber will be subject to Nextab’s undiscounted rates and general Terms and Conditions if the ACP ends, if the subscriber transfers their benefit to another provider but continues to receive service from Nextab, or upon de-enrollment from the ACP.
If the Federal Communications Commission (FCC) terminates ACP funding (or if funding for the ACP is otherwise exhausted), Nextab will notify the subscriber. In that event, the subscriber will have the option of subscribing to Nextab’s services at standard rates, as described in section 4 below; or terminating your services with Nextab entirely.
In addition to de-enrollment for any of the reasons described in these Terms and Conditions, you may request to be de-enrolled from ACP service for any reason and at any time by contacting Nextab Customer Service. De-enrollment requests (including name, wireless number, and identity related information) can be made by phone (calling toll-free at (855) 9-NEXTAB), or electronically (via our website at www.nextab.com). Upon receiving a request, you will be de-enrolled within two (2) business days. Upon de-enrollment from the ACP program, you will no longer receive free minutes, text messages, or data each month and will be required to re-qualify for ACP service if you choose to enroll in another Nextab ACP service plan. Additionally, a subscriber may be de-enrolled at the request of a federal government authority.
You may transfer your ACP benefit from another ACP provider to Nextab or from Nextab to another ACP provider. Nextab complies with the FCC’s rules regarding transferring ACP benefits. The effect of an ACP benefit transfer is that the subscriber’s ACP benefit will be applied to Nextab’s ACP service and will no longer be applied to service from the subscriber’s former ACP service provider. Subscribers transferring ACP benefits to Nextab may be subject to their former ACP provider’s undiscounted rates as a result of the transfer if the subscriber elects to maintain service from that provider. ACP rules limit subscribers to one ACP benefit transfer transaction per service month, with limited exceptions for situations where a subscriber seeks to reverse an unauthorized benefit transfer or is unable to receive service from a specific provider.
In addition to the resources outlined in section 11 of these Terms and Conditions, subscribers with complaints related to Nextab’s ACP services may file a complaint via the FCC’s Consumer Complaint Center. The FCC Consumer Complaint Center is available at: https://consumercomplaints.fcc.gov/hc/en-us.
Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Nextab website at www.nextab.com. Service Plan availability, rates, and Allotments may vary by state and are subject to change at any time. You may not be eligible for certain Service Plans or rates. Service Plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling. ACP discounts are automatically applied to the retail rate of the Service Plan you select, and you must pay any additional co-pay. Service Plans are non-refundable, cannot be transferred to any third party (including another Nextab account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Nextab may, from time to time, provide refunds in its sole discretion. New subscribers select a Service Plan upon enrollment and existing subscribers can contact Customer Service to change their Service Plan by calling toll-free at (855) 9-NEXTAB. Service Plan changes are usually effective at the start of the next monthly service renewal date.
Nextab wireless subscribers can purchase “Top up” Plans to receive allotments talk, text, and data by calling Nextab Customer Services by dialing (855) 9-NEXTAB from your Nextab wireless device. “Top up” Plans, including rates and associated talk, text, and data allotments, are available on the Nextab website at www.nextab.com. “Top up” Plan availability, rates, and Allotments may vary by state and are subject to change at any time. “Top up” Plans are non-refundable, cannot be transferred to any third party (including another Nextab account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Nextab may, from time to time, provide refunds in its sole discretion.
Talk, text, and data allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Nextab account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, Nextab may, from time to time, provide refunds in its sole discretion. If you use your full talk, text, or data allotment before the start of a new monthly cycle, the Service associated that allotment with be suspended for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and Nextab Customer Services by dialing (855) 9-NEXTAB. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, Nextab is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. You may check your Allotment balances at any time free of charge by calling (855) 9-NEXTAB. You are responsible for all usage of Allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge. Unused Service Plan Allotments, including Top Up Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan.
All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Nextab Customer Service Calls to (855) 9-NEXTAB, and other calls specified herein. Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full minute at the end of each call. Nextab does not allow free calls to other Nextab subscribers. Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection from the caller is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. Call length information displayed on your Device may not be accurate for calculating use of voice allotments. For simultaneous calls (incoming call waiting calls and 3-ways calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle. No credit or refund is given for dropped calls.
All data usage that occurs through your wireless Device (except for data usage that occurs when your Device is connected to Wi-Fi provided by a third party) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage, and whether or not the data transmissions are successful. All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session. Data usage may occur whenever your Device is connected to the network of our Underlying Carrier or roaming and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, documents, files, pictures, MMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates. Data usage may also occur from normal operation of software used by the network and/or your device, including (i) for access, transport, and routing of data on the network of our Underlying Carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that come pre-installed on your Device regularly send and receive data transmissions when your Device is powered on to function properly, without you affirmatively initiating transmissions. For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, and any messages or content that are initiated in response to an advertisement, use data. Based on several factors (e.g., the specific application, network performance, etc.) data usage may vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. To prevent unintended data usage, you should connect your device to third-party-provided Wi-Fi when available and supported by your Device or power off your Device when it is not in use.
Upon enrolling in Nextab’s service, you may be eligible to receive a free wireless Device from Nextab to use with the wireless Services, in which case, you can upgrade to higher grade device offered by Nextab for an additional cost, if available. ACP-supported devices are subject to a co-payment of between $10-$50. If you are not eligible for a free Device, Nextab will provide you with a free SIM that you can use with a wireless Device you purchase from us or with your own wireless Device. Device models offered by Nextab are selected at our sole discretion and comply with the FCC’s requirements for devices. For hearing-aid compatible devices, please refer to our Accessibility Policy, located at www.nextab.com. Your Nextab Device can only be used with our Services and cannot be activated by or used on the network of any other wireless service provider. Nextab’s device unlocking policy is addressed in detail in section 3.7 below. Nextab reserves the right to substitute or replace any Device provided by Nextab with another Nextab Device of comparable quality at any time. Devices provided by Nextab will be delivered to you in-person or to your home address. Nextab Devices may not be purchased in bulk or sold to third parties. If you provide your own Device, you are responsible for ensuring your Device is unlocked, compatible with and does not interfere with our Services or the network of our Underlying Carrier, and complies with all applicable laws, rules, regulations, and standards. Additionally, your Device cannot be reported as lost or stolen or associated with fraudulent activity. You are responsible for the maintenance of your Device and the purchase and maintenance of any additional hardware or software necessary to use your Device with our Services. Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices. Some functions and features referenced in the manufacturer’s manual for your Device may not be available when using your Device with Nextab’s Services, whether the Device is provided by Nextab or by you.
Devices purchased directly from Nextab may be returned for a full refund within 30 days of purchase with the original receipt. Devices must be returned in their original package and with all original components, including, but not limited to the: handset, box, charger, battery, battery cover, manuals, and accessories. All items must be undamaged and in like-new condition, including free from cracks, scratches, liquid damage, or any other damage and free from engravings or attachments that alter the original out of box appearance. Refunds will not be issued for Device returns that are missing components or damaged. Nextab also will issue a refund for defective Devices, as determined by us in our sole discretion, if returned within 30 days. Prior to returning a Device, erase all personal data and disable or remove all security features. Please contact Nextab at (855) 9-NEXTAB for instructions. Nextab is not responsible for lost or mishandled returns. If you ship a Device return, we recommend that you obtain a tracking number. Nextab does not exchange Devices. If an exchange is necessary, you must follow the instructions for returning the Device and purchase a new one. SIM cards are not eligible for returns and/or refunds.
Nextab does not manufacture any Devices or equipment you may use with the Services, including Devices we may provide or sell to you. We are not liable for any defects, acts, or omissions of the manufacturers. Your Device’s manufacturer may provide you with a warranty directly or that we may pass through from the manufacturer to you. If your Device becomes defective after the standard 30-day return policy, you must contact the manufacturer for any warranty options.
Upon accepting a Device from us, all risk of loss, theft, damage, or destruction of your Device or its accessories, whether provided by us or by you, is borne by you. Nextab is not responsible for, nor will we issue refunds for any lost, stolen, damaged, or destroyed phones or accessories. In the event your Device is lost, stolen, damaged, or destroyed, you may purchase a replacement Device from Nextab at your own expense. If a Device provided by Nextab is lost, stolen, damaged, or destroyed while in transit to you and before delivery, we may replace the Device in our sole discretion. When you activate a replacement Device, we will apply any remaining Allotments associated with your monthly Service Plan. If your Device is lost or stolen, you are responsible for any usage of your Allotments or charges incurred using your Device until you report the loss or theft to us by contacting Nextab Customer Service at (855) 9-NEXTAB. Upon receiving notice of a lost or stolen Device, Nextab will take immediate steps to suspend the Services. If you do not activate a replacement Device or fail to notify Nextab that you have found a lost or stolen Device within thirty days (30) days, we may cancel your subscription to Nextab Services and reassign the number associated with your account to another user. If your Services are canceled or if you choose to terminate your Services following the loss, theft, damage, or destruction of your Device, we will not prorate charges to the date of the cancelation or termination, and you will not receive a credit or refund for any unused Allotments. You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device (e.g., by providing facts, sworn statements, or other information that would help the investigation). Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges.
Nextab may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s electronic SIM card, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network, or your Device. These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; how you have programmed your Device; or how you are able to use your Device. Nextab is not responsible for lost data or functionality. While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including to contact 911 or other emergency services.
Nextab may offer software, content, and applications, which you may choose to download from Nextab or third-party sources or that may come preinstalled on your Device. These may or may not be branded as Nextab software, content, and applications. These software, content, and applications are licensed, not sold, to you by Nextab and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of your Nextab Device with our Services. You may be subject to additional license terms between you and the third-party creator or owner of such software, content, and applications. You acknowledge Nextab or its licensors/suppliers are the intended third-party beneficiaries of these licenses. Your use of these software, content, and applications must comply with their intended purposes, the license, this Agreement, and all applicable laws. You may only make such copies as is reasonably necessary for your personal non-commercial use. You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat, or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the software, content, and applications or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the software, content, and applications or any portion thereof. You agree the software, content, and applications contain proprietary information owned by Nextab, its licensors/suppliers, or the creator/owner. Nextab and its licensors/suppliers reserve the right to update, modify, delete, suspend or terminate access to, or impose limits on the use or access of the software, content, and applications at any time, without notice. Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these software, content, and applications.
Except as provided in section 3.7, you are not permitted to unlock, re-flash, tamper with, or otherwise alter the hardware or software on your Nextab Device for any purpose. Your Nextab Device may have a software programming lock that protects certain of the handset’s operating parameters against unauthorized reprogramming.
Subject to certain limitations, Nextab complies with the CTIA Consumer Code regarding the ability of our current and former subscribers and individual owners to request that we unlock eligible Nextab Devices that are locked by or at the direction of Nextab. Specifically, Nextab adheres to the following principles:
“Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network, even if that network is technologically compatible. It does not pertain to hardware changes and does not guarantee that a Nextab Device will be compatible with any particular carrier’s network or that all functionality of the Device can be enabled on any other network. Devices that work on the network of Nextab’s Underlying Carrier may not work with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access.
As a reseller of wireless service, Nextab’s unlocking policy may be subject to limitations imposed by its Underlying Carrier. Additionally, Nextab may deny a Device unlocking request if, in our sole discretion, we have a reasonable basis to believe that the request is an effort to defraud the company or its subscribers or that the Device is stolen.
You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Nextab and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Top Up Plan charges; (iii) Device purchase, upgrade, and replacement charges; (iv) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (v) returned and late payment charges or fees; (vi) roaming, network, and other surcharges; (vii) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; and (viii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon Nextab and billed to you for cost recovery. We do not assess early termination fees. Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances. Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments. With the exception of taxes or other charges that are required by law, no additional surcharges are assessed on ACP-supported services and charges and fees associated with ACP-supported Services are all inclusive and fully disclosed to ACP applicants and subscribers. All charges, fees, and taxes, once paid, are non-refundable.
You may access your monthly invoice on our website or by emailing support@nextab.com. If your service plan is not fully covered by an ACP discount, you will receive your bill electronically on a monthly basis. You must prepay the balance due before receiving the allotment specified in your service plan. If you do not prepay, we may suspend your service.
You are responsible for reviewing your bills to ensure that all charges are accurate. Nextab bills will distinguish (a) charges collected and retained by the carrier, including charges for Service Plans, “Top up” Plans, and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments. Cost recovery fees and charges will not be labeled as taxes. You agree to pay for all prepaid charges immediately when billed and all postpaid charges on or before your payment due date or monthly expiration date using a credit or debit card or other valid payment method. You must promptly notify us of any change in your billing address or payment method.
For prepayments: If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our service until the payment is processed or the Chargeback is reversed, or for ACP participants, we may de-enroll you from the ACP until payment is processed or the Chargeback is reversed.
For postpaid plans (if available): We also reserve the right to suspend your access to our service until the payment is processed or the Chargeback is reversed. Furthermore, if the non-payment or Chargeback is not resolved and reversed, your account may be deactivated after a 30-day period and Nextab may assess you a termination charge equal to the balance in your account or the highest amount permitted by law. We may also charge you a $10 fee, or the highest amount allowed under applicable law, when your payments are not made on or before your scheduled payment date.
By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date. You may cancel the automatic renewal of your Service Plan at any time. We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining Allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.
Nextab does not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness. Nextab does not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse. No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.
Nextab may, from time to time, provide you with promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”). Promotions or Awards cannot be applied to any device co-pay required under the ACP. 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 you meet certain conditions. Loyalty rewards are typically rewards for being a Nextab customer. Promotions and Rewards are offered at the sole discretion of Nextab. Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another Nextab account or to any other person. Promotions and Rewards 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 Nextab Services are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and Nextab may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice. Promotions and Rewards may not be available to all subscribers, in all locations, or combinable with other Promotions and Rewards. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.
Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”). You are responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made. If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. Nextab will not be liable for any such charges. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. Nextab makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases.
You can access your subscriber account information by contacting Nextab Customer Service and providing necessary authentication information. You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password associated with your account. If you are not able to provide a password, Nextab can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your account. If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you and Nextab takes no responsibility for those changes. To protect the security of your CPNI, your password should be unique and complex. You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.
Nextab wireless talk and text allotments can only be used for domestic calls and text messages. At this time, international calls and text messages are not included with our Service Plans or “Top up” Plans.
The availability of Nextab wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Only domestic U.S. coverage is available; we do not offer international coverage. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at www.afnetconnect.com. Areas without coverage are shown as gaps. Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage. There may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 5.4. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. Nextab does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.
In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on whether you are using wireless or landline Services. These include interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Additional factors that may affect our Services are described in our Broadband Transparency Policy, available at www.nextab.com. Once identified, Nextab takes reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Nextab, its Underlying Carrier, or interconnecting carries. Nextab will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the underlying carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if your Services experiences Service Limitations for 24 or more continuous hours by a cause within our control, and you notify Nextab at (855) 9-NEXTAB within seven (7) days of the Service Issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.
Nextab or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Nextab or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:
Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. For additional information about our network security practices for our data Service, please review our Broadband Transparency Policy at www.nextab.com.
Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at www.nextab.com. Additionally, your location information may be used by 911 and other emergency services, as described in Section 5.7. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 5.3 and 5.4. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location enabled.
Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Nextab does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor does Nextab guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
For data-only plans: Your data-only plan does not allow you to contact 911 or other emergency services. Please use a non-data-only line or a landline phone to contact 911 or other emergency services. Nextab does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate, nor does Nextab guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
Devices may be used to access and disseminate third-party content and applications through the Services. Some content and applications may: (i) harm your Device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and applications providers. You are solely responsible for evaluating the third-party content and applications accessed while using the Device and Services. By allowing a minor to use the Device and Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers; we strongly recommend that you monitor the third-party content and applications accessed by minors using the Device and Services. Nextab does not control and is not responsible for the third-party content and applications accessed or disseminated using the Device or Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications. Nextab is not a publisher of third-party content and applications. When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications. You may review our Privacy Policy, at www.nextab.com, to learn how you may provide information to third-party content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.
You must accept the phone number we assign to you at the time you subscribe to Nextab’s Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You can switch your number to another Nextab Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your account. We do not guarantee that numbers ported to or from Nextab will be successful. To request to port a phone number to or from Nextab, please contact Nextab Customer Service by calling toll-free at (855) 9-NEXTAB. Before you call to port a number to Nextab, please have a bill from your existing wireless or wireline provider available. When you port a number to Nextab from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Nextab will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new device to use our Services after you port a number to Nextab, and you may be without Services until the new device is configured. If you authorize another carrier to port a number from Nextab, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported. Notwithstanding our honoring port requests any balance due will still be owed by you to us. If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice. You will not be able to transfer any unused talk, text, or data allotments on your Nextab account to your new provider and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any Allotments or account payments if you port out your number. If you port your phone number to or from Nextab, some Services, such as 911 location services, may not be immediately available through Nextab or the other carrier while the port is being processed.
You are only permitted to use Nextab’s Devices and Services for lawful, personal, and non-commercial uses. Subject to those limitations, voice and text service is solely for live dialogue between, and initiated by, individuals. Data services are provided only for lawful, personal and non-commercial uses initiated by you, including web surfing, sending and receiving email, using messaging services for live dialogue between and initiated by individuals, sharing photographs, and the non-continuous streaming of videos, downloading files, participation in online gaming, and use of applications.
Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our Underlying Carrier to provide the Services to our or its subscribers. You are responsible for all activity through your Device and Services, including any conduct by others, and are liable to Nextab for any prohibited uses or damages resulting from prohibited activities or uses that occur using your Device or Services. Prohibited uses include, but are not limited to:
This Acceptable Use Policy, including the prohibited uses, applies to all Nextab Service Plans, including plans with unlimited talk, text, and data Allotments. If you use unlimited Allotments for anything other than personal, non-commercial use or engaging in any other unauthorized, excessive, or abusive use, including uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit your Services, as discussed in Section 7.
You are responsible for all fraudulent use of your Device and the Services. In the event you discover or reasonably believe your Device or the Services are being used for fraudulent activities, you must immediately notify Nextab at (855) 9-NEXTAB. In the event Nextab discovers or reasonably believes your Device or the Services are being used for fraudulent activities, Nextab may take action to prevent such fraudulent activities from taking place, including the termination, suspension, modification, or limitation of your Services, as discussed in Section 7.
Always use your Device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, use a hands-free mechanism for your wireless device and do not use your wireless Device to send text messages.
You agree that a violation of this Acceptable Use Policy harms Nextab, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond. If you want to report any violations of this Acceptable Use Policy, please email us at support@nextab.com.
Either party may terminate the Services, which will terminate this Agreement, at any time on advance notice to the other party with or without cause. Under FCC rules, Nextab must terminate your service, upon notice to you, if we have a reasonable belief that you no longer qualify for ACP, if you fail to timely recertify, or if you fail to use your device for thirty (30) consecutive days, as described in section 1.14. Additionally, Nextab may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:
We may terminate or suspend talk, text, and data Services individually or collectively. Upon termination, any unused Allotments will expire, and you will not receive a refund. Additionally, upon termination, Nextab may reassign the phone number you were using to another subscriber without notice. Limitations of your Services may include any method discussed in Section 5.5. We may modify your Services by changing your Service Plan or features. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Nextab for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.
You can request that we terminate your Services by contacting Customer Service by calling toll-free at (855) 9-NEXTAB.
Nextab makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. We also do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.
To the fullest extent permitted by law, you agree that Nextab and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:
To the fullest extent permitted law, Nextab shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your Device or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid for the applicable products or services. The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.
To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Nextab and parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of a Device or the Services, whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, other Nextab policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Nextab. If we reasonably determine that a claim might adversely affect Nextab, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Nextab.
PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL.
Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by contacting Nextab Customer Support by calling toll-free at (855) 9-NEXTAB. You and we agree to discuss any concerns or disputes and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation (hereinafter, “Informal Dispute Resolution Process”). The statute of limitations and any filing fee deadlines shall be tolled while you and we engage in the Informal Dispute Resolution Process required by this Section 9. In the unlikely event that the Customer Support is unable to resolve a complaint you may have to your satisfaction (or if Nextab has not been able to resolve a Dispute it has with you after attempting to do so informally) within thirty days after initiation of this Informal Dispute Resolution Process, those Disputes will be resolved through binding arbitration or small claims court as described in this Section 9.
WE (you and Nextab) EACH AGREE THAT ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, THE RELATIONSHIP BETWEEN US, OR OUR SERVICES, DEVICES OR PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (DESCRIBED IN SECTION 9.4), INCLUDING BUT NOT LIMITED TO, ANY BILLING DISPUTES AND ANY THRESHOLD QUESTIONS OF THE ARBITRABILITY OF SUCH DISPUTE OR CLAIM EXCEPT THAT YOU OR WE MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF PROPER JURISDICTION IF THE CLAIM RELATES TO INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or Nextab may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to Nextab’s registered agent (see Section 9.6) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, if the arbitrator finds that you cannot afford to pay AAA filing, administrative, hearing, and/or other fees and cannot obtain a waiver from AAA, we will pay them for you if you complied with the Informal Dispute Resolution Process set forth above. In addition, we will reimburse all such AAA filing, administrative, hearing, and/or other fees for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous or you did not comply with the Informal Dispute Resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the AAA Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. In addition, for claims under $75,000 as to which you followed the Informal Dispute Resolution Process before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Nextab agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. The award of the arbitrator is final and binding upon you and us.
WE (YOU AND Nextab) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the arbitration agreement will be void as to you.
WE (You AND Nextab) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the Arbitration Agreement will be void as to you.
Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in accordance with the Governing Law, Venue and Jurisdiction, and Court Proceedings described in Section 9.5.
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
You and Nextab retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Any court having jurisdiction may enter judgment on the arbitrator’s award.
Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other federal or state government that may, if permitted by law, seek relief against us on your behalf.
You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Except to the extent preempted by or inconsistent with applicable federal law and as otherwise described herein, this agreement is governed by the laws of State of New Jersey without regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Unless otherwise specified herein, any Disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of New Jersey.
Nextab’s Registered Agent Contact Information:
Corporate Creations Network, Inc.
181 New Road #304
Parsippany, NJ 07054
If any part of this Arbitration Agreement, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
This Arbitration Agreement will survive any termination, payoff or transfer of this contract.
Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: 460 Bayview Avenue, Inwood, NJ 11096.
Nextab may elect or be required to file tariffs with the appropriate regulatory body in certain states setting forth the terms and rates for our delivery of certain Services. In the event we have filed a tariff with respect to any of the Services we provide you, the terms and rates set forth in the tariff (or any successor document in the event of de-tariffing) shall govern our delivery and your use of the Services subject to the tariff. Any such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in this Agreement.
Nextab may occasionally need to communicate with you about your Services. We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message. In addition, you have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI. You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you. You may restrict our right to use CPNI for marketing purposes at any time. Denial of approval will not affect the provision of the services we provide to you. Any approval, or denial of approval for the use of CPNI outside of the service to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.
Further, you provide consent for Nextab or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone. We may contact you for service-related, informational or marketing purposes via these methods. You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. Consent to such contacts is not a condition of service and may be revoked at any time.
Finally, you provide consent for us to contact you for any reason, including for marketing purposes via the email address we assign you or you provide in connection with your service.
You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons via any of the methods described above. Some of these communications may result in charges to you. Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means. Please review our Privacy Policy, at www.nextab.com, for additional information about how you may revoke consent to receive communications.
We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Service Plans, features, and products; and our coverage areas, Underlying Carrier, and provisioning technology. We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges). We may provide you with notice of any other modifications, as described in Section 10.4 (Notices) or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on the Nextab website, www.nextab.com, or as specified in any notice. If you continue to access, use, or purchase Nextab Services on or after the effective date of such modifications, you accept those modifications. Neither the course of conduct between you and Nextab nor common trade practice will act to modify any provision of this agreement.
We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Nextab deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your service or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 11.
This Agreement is solely for the benefit of you, Nextab, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.
You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, Nextab shall be released from all liability with respect to this Agreement.
Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
Nextab has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Nextab will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 7. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Nextab will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.
Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial).
If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.
Section headings are for descriptive, non-interpretive purposes only.
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.
This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Nextab. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.
Unless expressly provided otherwise, in the event of conflict among the documents comprising this Agreement, the order of priority shall be: (i) any publicly filed tariff governing the Services (or a successor document in the event of detariffing); (ii) any other agreements incorporated by reference; and (iii) this Agreement. For Nextab ACP subscribers, if there is a direct conflict between any general provision and provisions relating to ACP services, including those specified in Section 1 (Affordable Connectivity Program), the provisions relating to ACP services will prevail over any other provisions, but only with respect to the direct conflict of such provisions.
If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact Nextab Customer Service using the following information:
Email: support@nextab.com
Phone: (855) 9-NEXTAB during normal business hours: Monday to Friday, 9am to 5pm EST
If Nextab is unable to resolve your issue, you may file an informal consumer complaint with the FCC at 888-CALL-FCC (888-225-5322), or at https://consumercomplaints.fcc.gov/hc/en-us.
Nextab Accessibility Policy
Last Updated: April 18, 2023
Summary of changes since last update (February 22, 2023 version): n/a
This policy provides information about how individuals with disabilities can use Nextab LLC’s (“Nextab,” the “Company,” “we,” “us,” or “our”) wireless services. Hearing, visual, or speech impaired individuals interested in applying for a specially equipped Nextab wireless device must contact Nextab and specify their needs to a representative. Nextab will attempt to assist such customers in obtaining and making available a device that meets their needs.
Hearing Aid Compatibility
Nextab presently does not offer cell phones for its voice plans. Please consult your device’s documentation to determine hearing aid compatibility.
The Federal Communications Commission (FCC) has adopted specific hearing-aid compatibility rules for cell phones to ensure that manufacturers develop phones that are compatible with hearing aid devices and assist hearing device users in finding those phones. Specifically, the FCC relies on standards developed by the American National Standards Institute (ANSI) to help consumers identify which cell phones are compatible with hearing aids. Under the 2019 ANSI Standard, a phone is hearing aid compatible if it is labeled as such. The 2011 ANSI Standard uses a rating system: compatibility with telecoil hearing aids is based on a ‘T’ rating (T1 through T4), while compatibility with microphone hearing aids is based on an ‘M’ rating (M1 through M4).
The higher the M or T rating assigned to a phone, the less interference there is to hearing aid users—phones that receive a rating of 3 or 4 are deemed to be hearing aid compatible.
Today, most cell phones are designed to be compatible with hearing aids under the ANSI Standards, and therefore reduce or completely eliminate interference that some hearing aid device users may experience when using a cell phone. Interference occurs when the electronics within the hearing aid device pick up and demodulate radio frequency (RF) or electromagnetic interference (EMI) emitted by the cell phone or other sources, which may result in a buzzing, humming, or whining noise for users with hearing aid devices while using certain cell phones. In addition to the hearing aid compatibility of the device, the amount of interference experienced will vary depending on the design of the hearing aid.
While the ANSI Standards are a useful tool for consumers when choosing the right cell phone, they do not guarantee that a phone will not cause interference with a particular hearing aid. Additionally, while phones have been tested and rated for use with hearing aids for some of the wireless technologies that they use, there may be some newer wireless technologies used in phones that have not yet been tested for use with hearing aids. If you use a hearing aid device, it is important that you try the different features of your phone thoroughly and in different locations, using your hearing aid, to determine if you hear any interfering noise. Your hearing device manufacturer or hearing health professional can help you with questions about your hearing device. You can also consult the manufacturer of your phone for more information on hearing aid compatibility. Additionally, if your cell phone is not working with your hearing aid device, please contact Nextab Customer Service using the contact information identified below or your wireless phone retailer about phone return or exchange policies. Nextab’s phone and exchange policies are set forth in the Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (“Terms and Conditions”).
For additional information about hearing aid compatibility with wireless phones, see the FCC Guide at www.fcc.gov/hearing-aid-compatibility-wireless-telephones or the wireless industry association’s consumer resource guide at
www.accesswireless.org/resources-for-consumers/hearing-resources. For more information about accessibility features available in current and older phones, visit the Global Accessibility Reporting Initiative’s website at www.gari.info.
Accessibility of our Services and Devices
The wireless devices offered by Nextab may function using different operating systems. For information on the accessibility features available with the operating system in some of the devices Nextab offers, please consult the manuals included in those devices and visit the following links:
Telecommunications Relay Service
Telecommunications Relay Service (TRS) is a communication service that permits individuals with a hearing or speech disability to use the telephone system via a text telephone (TTY) or other device to call persons with or without such disabilities through a TRS center. Different forms of TRS include Text-to-Voice TTY, Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-to-Speech (STS), Spanish Text-to-Voice TTY, Captioned Telephone, IP Captioned Telephone, IP Relay, Video Relay Service (VRS), and Real-Time Text (RTT). More information about the available types of relay service can be found on the FCC’s TRS website at www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
TRS is available in all 50 states and all U.S. territories for local and long-distance calls. TRS providers are compensated for the costs of providing TRS from either a state or a federal fund, and there is no charge to TRS users other than standard calling rates. TRS can be reached by dialing 711 or by contacting your state relay provider, as listed in the FCC’s TRS Directory at www.fcc.gov/general/telecommunications-relay-services-directory. In the event of an emergency, TTY users should call 911 directly.
Using Text Telephone (TTY) with Nextab’s Services
A TTY is a special device that enables individuals who are deaf, hard of hearing, or
speech-impaired to use the telephone to communicate. TTY works by allowing people to type messages back and forth to one another instead of talking and listening. A TTY is typically required at both ends of the conversation, but TRS can translate conversations for text-to-voice calls.
The FCC requires digital wireless carriers to have the capability to transmit a call from a wireless phone that is connected to a TTY. While the FCC mandate pertains specifically to calls made to 911, the ability to make a call to 911 means that users can also complete a call to anyone, anywhere, provided the party on the receiving end of the call also has a TTY or the call is translated through TRS. All Nextab service plans and most wireless phones it offers will work with a TTY.
TTY calls, including those to 911, cannot be made while using IP-based calling, such as Voice over LTE (VoLTE) and Wi-Fi Calling. Customers with communications disabilities who need to call 911 while using IP-based calling should use IP Relay, Video Relay, or IP Captioned Telephone Service to reach emergency personnel. Where available, customers may also send a text message to 911 directly (text-to-911).
Using Real-Time Text with Nextab’s Services
Real-time text (RTT) allows real-time transmission of text messages as they are being composed, making these messages more equivalent to typical voice conversations. RTT also allows voice communication at the same time as text communication (simultaneous voice and text). Unlike other types of texting methods, RTT is similar to a voice call in that an RTT call must be placed and the other party must answer the call for communication to occur, and the parties must hang up the call when it is over. Customers using RTT-enabled devices may be able to communicate using RTT with individuals who are also using RTT-enabled devices on a network that supports RTT. Using RTT while connected to Nextab’s wireless network will consume your voice minutes.
Using Other Telecommunications Relay Services with Nextab’s Services
Nextab’s data services may support use of IP-based telecommunications relay services including Video Relay Service, IP Relay, and IP Captioned Telephone Service. These TRS offerings are a more effective means than TTY of placing assisted calls, including to 911. Using these services while connected to Nextab’s wireless network will consume your data allotment.
Customer Support
If you have questions about how individuals with disabilities can use Nextab’s wireless services, please contact Nextab customer service using the following information:
Email: support@nextab.com
Phone: (855) 9-NEXTAB during normal business hours: Monday to Friday, 9am to 5pm EST
Nextab Privacy Policy
Last Updated: April 18, 2023
Summary of changes since last update (February 22, 2023 version): n/a
Introduction and Overview
This Privacy Policy (“Privacy Policy”) applies to you and anyone who uses Nextab LLC (“Nextab,” “we,” “us,” or “our”) Devices, Products, or Services (collectively, “Services”) under your account, except where we identify for you that separate terms and conditions apply. You are responsible for making sure all users under your account understand and agree to this Policy. You are responsible for making sure all users under your account understand and agree to this Policy.
Please take a moment to review the full terms of our Privacy Policy below, because by continuing to access or use our Services you accept and agree to be bound by all terms of the Privacy Policy. If you do not agree with any portion of it, then you must not access or use our Services. We may change this Privacy Policy from time to time, so check this policy regularly for updates.
This Privacy Policy is part of the Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (“Terms and Conditions”) governing the use of our Services, www.nextab.com/terms. To the extent that any provision or clause in our Terms and Conditions conflicts with any provision or clause in this Privacy Policy or a specific service plan offer, the terms of those more specific documents will govern.
Contents
Types of Personal Information We Collect About You
Sources of Personal Information We Collect About You
How We Use Personal Information We Collect About You
How We Share or Allow Access to Your Personal Information
Definitions
“Call Detail Information” means any information that pertains to the transmission of specific telephone calls, including, for outbound calls, the number called, and the time, location, or duration of any call and, for inbound calls, the number from which the call was placed, and the time, location, or duration of any call.
“Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Nextab or that you activate or use with our Services.
“Geolocation Data” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area.
“Precise Geolocation” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by law or regulation.
“Personal Information” is information that identifies you or is reasonably capable of being associated with or linked, directly or indirectly, with you or your household. It does not include aggregate, de-identified, and/or anonymous information that is not reasonably capable of being associated with or linked, directly or indirectly, with you or your household.
“Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by Nextab, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service.
“Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services.
Types of Personal Information We Collect About You
Depending on how you interact with us or our Services, we may collect the following categories of Personal Information from or about you, including, for example:
Sources of Personal Information We Collect About You
We may obtain Personal Information about you in 3 ways:
We may combine the various types of Personal Information we receive from or about you, including information you provide to us, information we automatically collect, and information from other sources, and use it as described in this Privacy Policy.
How We Use Personal Information We Collect About You
Except as otherwise prohibited by law or regulation, and subject to applicable instructions from you to us, we may use your Personal Information for a variety of business and commercial purposes, including for:
We may use your Personal Information as otherwise disclosed and explained to you at the point of collection and with your consent, where necessary.
How We Share or Allow Access to Your Personal Information
Except as otherwise prohibited by law or regulation, and subject to applicable instructions from you to us, we may share or allow access to your Personal Information for a variety of business and commercial purposes, including, for example:
We do not and will not sell or knowingly allow third parties unauthorized access to your Personal Information.
How You Might Share Your Personal Information with Third Parties
When using our Services, you may choose to install, access, or use services offered by third parties, such as websites, applications, and the networks of other carriers (such as when you are roaming). Please also refer to the Acceptable Use Policy inside our Terms and Conditions, available at www.nextab.com/terms. In some cases, our Services may have links to websites operated by third parties, plugins for social media services, or third-party advertisements.
When you interact with third-party services, you may be consenting to those third parties accessing, collecting, using, or disclosing your Personal Information through our Services or directing us to share or allow access to your Personal Information by those third parties, such as your IP address, browsing activity, or location information. Those services operate independently of our Services, and your Personal Information will be governed by their terms and conditions, including their privacy policies, not this Privacy Policy. We encourage you to review the privacy policies of any third-party services that you use to better understand their privacy practices. You may be able to restrict or disable the use and disclosure of certain information, such as your location information, using settings available on your Device or through the third-party services.
Your Rights and Our Obligations Related to Your Customer Proprietary Network Information
Customer Proprietary Network Information (CPNI) is information made available to us 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 us, as well as information related to the billing for those services.
CPNI does not include subscriber list information such as name, postal address, or telephone number. Under federal law, you have the right, and we have the duty, to protect the confidentiality of your CPNI. When we share your CPNI with our service providers or contractors, we require them to take reasonable measures to protect the confidentiality of that information.
We are permitted to use or disclose your CPNI for certain purposes without further notice or consent from you, including: to provide you with our Services; to market service offerings to you related to the services you purchase; to protect us, you, other subscribers, and other carriers from fraud, abuse, or unlawful use of the Services; and in an aggregate form. We also may use your CPNI, or share it with affiliates and third-party agents, for the purpose of offering you communications-related products and services, packages, discounts, and promotions that may be different from the types of services you have already purchased.
You have the right to opt out of use of your CPNI for marketing purposes and can submit an opt-out request by contacting us at support@nextab.com or (855) 9-NEXTAB. Opting out will not affect our provision of Services to you or our use of your CPNI for permitted purposes. If you choose to opt-out, your choice is valid until you choose to opt in. You may also contact us to correct your CPNI or request that we disclose your CPNI to you.
We will not disclose your CPNI except when provided with your password, and we may implement other authentication measures. If you do not provide a password, we may not release your CPNI to you except by sending it to your address of record or by calling you at your telephone number of record. Be sure to use a strong password with our Services and not one you use for other services. We may disclose your CPNI to any “authorized user” that you have designated to us in writing or to any person who is able to provide us with your password.
Your Advertising Choices and Consent Options
Google Analytics and Google AdWords. We may use Google Analytics on our Sites to help us analyze traffic and improve services. For more information on Google Analytics’ processing of Personal Information, please see http://www.google.com/policies/privacy/partners/. You may opt-out of the use of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Our Sites also use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Sites. Any data we collect will be used in accordance with this Privacy Policy, and Google is responsible to abide by its own privacy policy. You can set your preferences for how Google advertises to you using the Google Ad Preferences page: https://adssettings.google.com.
You have certain choices and consent options related to the use and disclosure of your Personal Information for advertising purposes. Exercising these choices and options will not affect our provision of Services to you. Please note that these choices and options may not prevent you from receiving all advertising; you may continue to receive generic advertising from us or interest-based advertising from third parties, depending on how they operate.
Interest-Based Advertising. You have choices and options concerning interest-based advertising on our Services or across other websites and online services as follows:
Marketing Communications. In accordance with our Terms and Conditions, you provide consent for us to contact you via email, voice call or text, including manual, autodialed, and prerecorded calls and texts. You also provide consent for us to use CPNI for marketing purposes, as described in the Terms and Conditions. You may limit or revoke these authorizations as follows:
Your instructions to opt-out from these communications will be processed as soon as reasonably practicable. Please note that exercising a marketing opt-out will not affect the services you receive and will not affect Nextab’s right to contact you about the services to which you subscribe, including notifications regarding compliance obligations related to those services (e.g., non-usage, de-enrollment, and collection notices).
Do Not Track. Because Do Not Track (“DNT”) and similar signals do not yet operate according to common, industry-accepted standards, our Services may not respond to DNT signals.
How We Store, Retain, Protect Personal Information We Collect About You, and How Long We Keep Your Personal Information
We maintain reasonable physical, technical, and procedural safeguards to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information. We encrypt sensitive information (such as financial payment information) and transmissions involving customer accounts. We only retain your Personal Information for as long as reasonably necessary to fulfill the purposes for which we collected it, including for any legal, accounting, or reporting purposes, as well as to resolve disputes and enforce our agreements.
We will keep your Personal Information as long as necessary to provide your Services, or as otherwise required by federal or state law, subpoena, or court order.
FCC regulations require us to keep:
The Personal Information we collect from or about you is stored on servers which we take commercially reasonable efforts to secure in the United States, subject to the laws of the United States. Electronic access to the databases and physical access to the servers on which this Personal Information is stored are restricted to those employees, agents, contractors, service providers, and other third parties who have a business need for such access. They will only access and use your Personal Information based on our instructions and they are required to keep your Personal Information confidential. While we take reasonable steps to help ensure the integrity and security of our network and servers, we cannot guarantee their security, nor can we guarantee that your communications and information will not be intercepted while being transmitted over our underlying carrier’s network or the Internet.
Governing Law and Notice to Non-U.S. Residents
Our Services are solely intended for individuals located within the United States (“U.S.”) and its territories and are subject to U.S. law. If you are located outside of the United States and its territories, please do not use the Services.
We may transfer the Personal Information we collect about you to countries other than the country in which the information was originally collected, for the purposes outlined in the How We Share or Allow Access to Your Personal Information section above. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.
Information from Children
Our Services are not directed toward children, and we do not knowingly collect Personal Information from children under the age of 13 (or under the age of 16 in California).
While you may have supplied information about children under age 13 (or age 16 in California), such as school enrollment or school breakfast/lunch program documentation to qualify for the Affordable Connectivity Program, we do not control or possess that information; that information is held and controlled by the Universal Service Administrative Company (USAC).
If you are a minor, please do not provide us any Personal Information or use or access the Services without receiving your parent’s or guardian’s permission. If we learn that we have collected any Personal Information from a child under the age of 13 (or under the age of 16 in California), we will take steps to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13 (or under the age of 16 in California), or if you are a parent or guardian of a child under 13 (or under the age of 16 in California) that has provided us with Personal Information without your consent, please contact us at (855) 9-NEXTAB or support@nextab.com to request deletion of the child’s information.
California Resident Privacy Rights and Notice
Individuals residing in California on a permanent basis (California residents) have certain rights described below.
California Civil Code Section 1798.83
Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personal Information, such as name, e-mail, mailing address, and type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties.
To request this information, please contact us at support@nextab.com or (855) 9-NEXTAB.
California Consumer Protection Act
This section provides additional information for California residents under the California Consumer Privacy Act (“CCPA”) and any effective amendments thereto. The terms used in this section have the same meaning as those used in CCPA. This section does not apply to information that is not considered “Personal Information” under CCPA such as anonymous, deidentified, aggregated, or public information. The CCPA defines these terms as:
“Aggregate consumer information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. “Aggregate consumer information” does not mean one or more individual consumer records that have been deidentified.
“Deidentified” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business that uses deidentified information:
(1) Has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain.
(2) Has implemented business processes that specifically prohibit reidentification of the information.
(3) Has implemented business processes to prevent inadvertent release of deidentified information.
(4) Makes no attempt to reidentify the information
“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following:
(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
(B) Any categories of personal information described in subdivision (e) of Section 1798.80, i.e., including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(C) Characteristics of protected classifications under California or federal law. California protected classifications include race; color; religion (includes religious dress and grooming practices); sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions); gender identity/expression; sexual orientation; marital status; medical condition; military or veteran status; national origin; ancestry; disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics); genetic information; request for family care leave; request for leave for an employee’s own serious health condition; request for pregnancy disability leave; retaliation for reporting patient abuse in tax-supported institutions; age (over 40).
(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E) Biometric information.
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
(G) Geolocation data.
(H) Audio, electronic, visual, thermal, olfactory, or similar information.
(I) Professional or employment-related information.
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
“Personal information” does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
“Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
The CCPA states that a business does not sell personal information when:
(A) A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the consumer intends to interact with the third party, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a third party.
(B) The business uses or shares an identifier for a consumer who has opted out of the sale of the consumer’s personal information for the purposes of alerting third parties that the consumer has opted out of the sale of the consumer’s personal information.
(C) The business uses or shares with a service provider personal information of a consumer that is necessary to perform a business purpose if both of the following conditions are met: services that the service provider performs on the business’ behalf, provided that the service provider also does not sell the personal information.
(i) The business has provided notice that information being used or shared in its terms and conditions consistent with California Civil Code Section 1798.135.
(ii) The service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose.
Collection and Disclosure of Personal Information
Personal Information Notices. For purposes of compliance with the CCPA, in addition to other details described in this Privacy Policy, we provide the following notices:
Retention of Personal Information
We only retain your Personal Information for as long as reasonably necessary to fulfill the purposes for which we collected it, including for any legal, accounting, or reporting purposes, as well as to resolve disputes and enforce our agreements. We outline specific retention periods in the How We Store, Retain, Protect Personal Information We Collect About You, and How Long We Keep Your Personal Information section above.
Purpose of Collection
As explained above in How We Use Personal Information We Collect About You and How We Share or Allow Access to Your Personal Information, we also collect your Personal Information for the following business or other notified purposes:
We note that under the CCPA, use of your Personal Information for these purposes is not subject to consumer’s Right to Delete, as described below and under California law.
Sale of Personal Information
We do not sell Personal Information as that term is defined under CCPA. If we ever decide to sell Personal Information, we will provide you with notice and a right to opt-out of such sale.
Right to Know
You have the right to request the following about the Personal Information we have collected about you in the past 12 months:
To submit a request under your Right to Know, contact us using the information provided below in Exercising Your CCPA Rights. Please note that under California Law, that we are only required to respond to such requests from you twice in a twelve-month period.
Right to Correct Inaccurate Information
Beginning on January 1, 2023, you will have the right to correct inaccuracies in your Personal Information that we have collected, taking into account the nature of the Personal Information and the purposes of processing the Personal Information.
To submit a request under your Right to Correct, contact us using the information provided below in Exercising Your CCPA Rights.
Right to Delete
You have the right to request the deletion of your Personal Information collected or maintained by us, subject to limitations established by federal law, including federal subsidy program enrollment and verification data.
To submit a request under your Right to Delete, contact us using the information provided below in Exercising Your CCPA Rights.
Exercising Your CCPA Rights
To make a request described above, you may contact us at:
support@nextab.com
(855) 9-NEXTAB
Verification and Response Process
General Process
If you submit a request to access, correct, or delete Personal Information, we will need to verify your identity and confirm your request before processing it. When you make such a request, you can expect the following:
Denials
In certain cases, a request to access, correct, or delete may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order.
We may also deny a request for deletion if it is necessary for us or a service provider or contractor to maintain your Personal Information in order to:
If we deny any of your requests, we will explain why we denied it. If there is a portion of your request that we can comply with, for example deleting some of the requested information, then we will do so.
Right to Non-Discrimination
You have a right not to receive discriminatory treatment by us for exercising any of your privacy rights conferred by the CCPA. We will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:
We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided by your data.
Authorized Agent
You may designate an authorized agent to make a request under the CCPA on your behalf, using the contact information above. Such requests will still undergo a verification process, and we will deny requests from agents who do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.
Nevada Residents Privacy Rights and Notice
We comply with applicable requirements of the Nevada privacy law (Nevada Revised Statutes Chapter 603A), which in some instances provides Nevada residents with choices regarding how we use and share your personal information.
Nevada Personal Information (“Nevada PI”) includes personally identifiable information about a Nevada consumer collected online, such as an identifier that allows the specific individual to be contacted. Nevada PI also includes any other information about a Nevada consumer collected online that can be combined with an identifier to identify the specific individual.
We may collect your telephone number in addition to the categories information we outline in the Types of Personal Information We Collect About You section above (which include the Nevada PI categories of first and last name; physical address; email address; and username).
We may share such Personal Information with categories of third parties including federal and state regulators, subsidy program administrators, compliance and service support entities, and marketing entities.
Unaffiliated third parties outside of our control may collect covered information about your online activities over time and across different Internet websites or online services (via , e.g., “cookies”) when you use our Services.
You have the right to request that we not sell your Personal Information. Although we do not currently sell Personal Information, you may submit a request directing us to not sell Personal Information if our practices change in the future. To exercise this right, you may contact us support@afnetconnect.com or at (888) 309-2739.
Virginia Residents Privacy Rights and Notice
Beginning on January 1, 2023, Virginia residents will have certain additional rights described below, to the extent that we:
(i) during a calendar year, control, or process Personal Data of at least 100,000 consumers or
(ii) control or process Personal Data of at least 25,000 consumers and derive over 50 percent of gross revenue from the sale of personal data.
You may inquire whether these thresholds have been met by contacting us at (888) 309-2739 or support@afnetconnect.com. To the extent the threshold has been met, you may exercise these rights.
Definitions
“Personal Data,” for purposes of this section means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal Data” does not include de-identified data or publicly available information.
“Precise Geolocation Data” means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. “Precise Geolocation Data” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
“Sale of Personal Data” means the exchange of Personal Data for monetary consideration by Nextab to a third party. “Sale of Personal Data” does not include:
“Sensitive data” means a category of Personal Data that includes:
Virginia Residents are notified of the following:
Right to Know, Correct, and Delete Under the Virginia Consumer Data Protection Act
To the extent applicable, Virginia provides residents with specific rights regarding Personal Data, including:
To exercise these rights, you may contact us at support@afnetconnect.com or (888) 309-2739.
Right to Opt Out
To the extent applicable, Virginia residents also have the right to opt out of the processing of Personal Data for purposes of targeted advertising, the sale of Personal Data, or profiling in furtherance of decisions that produce legal or similarly significant effects.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for exercising any of your privacy rights. We will not discriminate against you for exercising any of your rights under this section, including, but not limited to:
We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided by your data and/or your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
Verification and Response Process
If you submit a request to access, correct, or delete Personal Data, we will need to verify your identity and confirm your request before processing it. When you make such a request, you can expect the following:
Consumer Request Appeal Process
To the extent appliable, if we deny your request to access, correct, or delete Personal Data, you have the right to appeal that decision using the following process:
Changes and Updates to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. When we do, we will post the changes on this page. We will give you notice of any materially adverse changes to this privacy policy and may give you notice of all other changes but reserve the right to make such modifications immediately if required. It is your responsibility to regularly check this page to determine if there have been changes to the Privacy Policy and to review such changes.
The most current version of this Privacy Policy can be viewed by visiting our website and clicking on “Privacy Policy” located at the bottom of the pages. Any changes will take effect immediately. The effective date of this Privacy Policy is stated below. Continued access or use of our Services following the effective date of any changes shall indicate your acceptance of such changes. If you do not agree to the modified provisions of this Privacy Policy, you must discontinue your access and use of the Services.
Our Contact Information
If you have any questions or concerns about this Privacy Policy or how we treat your Personal Information, please contact us using the following information:
Email: support@nextab.com
Phone: (855) 9-NEXTAB during normal business hours: Monday to Friday, 9am to 5pm EST
Nextab Transparency Disclosure
Last Updated: April 18, 2023
Summary of changes since last update (February 22, 2023 version): n/a
This disclosure provides Nextab LLC (“Nextab,” the “Company,” “we,” “us,” or “our”) customers (“you” and “your”) with information about the network management practices, performance characteristics, and commercial terms applicable to our mass market wireless broadband Internet access services (“Broadband Services”), consistent with the Federal Communications Commission’s Transparency Rule and applicable state laws and regulations. Broadband Services provide customers with the ability to transmit and receive data from all or substantially all Internet endpoints. As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services entirely by using the facilities of our underlying carrier, which is a leading nationwide mobile network operator (“Underlying Carrier”). As a result, while we have some control over the network management practices and performance characteristics applicable to the Broadband Services you receive from us, we do not actively manage all aspects of the network and its performance—our Underlying Carrier retains control.
Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (“Terms and Conditions”), available at www.nextab.com/terms, or our Privacy Policy, available at www.nextab.com/terms. This disclosure is provided for informational purposes only and we may change it at any time, without notice. Your broadband access will be provided as described in your specific service plan, which governs in case of any contradictions with this Transparency Disclosure.
Network Management Practices
How does Nextab manage congestion with respect to its Broadband Services?
Nextab strives to provide a high-quality Internet experience for all our customers via the resale of services on our Underlying Carrier’s network. Because bandwidth is a limited resource and the network of our Underlying Carrier is shared among Nextab’s customers and other users of our Underlying Carrier’s network, it is essential that our Underlying Carrier engages in reasonable network management practices to benefit all users of the network. When congestion occurs, you may experience reduced throughput or speed compared to non-congested times or to other users. Our Underlying Carrier may use network management techniques to ensure the best possible experience for the most possible customers, including modifying the manner in which streaming video is delivered. It also may prioritize emergency communications, including by law enforcement, public safety officials, or national security authorities, consistent with or as permitted by applicable law, which may impact other users of its network, including our customers.
Does Nextab limit data usage or provide customers with tools to monitor and control their data usage?
Nextab offers service plans with pre-established allotments of data at designated speeds per month and the opportunity to purchase additional data. Certain uses of the Broadband Services may not count against a customer’s data allotment, check your specific service plan for details. If you use the Broadband Services in a manner that violates our Terms and Conditions, including our Acceptable Use Policy, available at www.nextab.com/terms, we may suspend, terminate, or restrict your data session, switch you to a more appropriate data plan, or terminate your service. Customers may determine their remaining data balance by contacting customer service at support@nextab.com or (855) 9-NEXTAB.
Does Nextab block or throttle lawful Internet traffic based on content, application, service, or use of non-harmful devices or modify particular protocols?
No, Nextab does not block or throttle (including impair or degrade) lawful Internet traffic on the basis of content, application, content provider, or use of non-harmful devices on its Broadband Services, subject to reasonable network management. Nor do we modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards. However, your plan may additionally be subject to data caps and throttling; please check your service plan for details. As outlined in the Acceptable Use Policy in our Terms and Conditions, we or our Underlying Carrier may need to block or limit the flow of traffic from certain locations or take other appropriate actions in response to a specific security threat against the networks of our Underlying Carrier or our customers.
Does Nextab directly or indirectly favor some traffic over other traffic in its provision of the Broadband Services either in exchange for consideration from a third party or to benefit an affiliate?
No, Nextab does not directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) in its provision of the Broadband Services for any type of consideration from a third party or to benefit an affiliate. During natural disasters and other emergencies, our Underlying Carrier may prioritize emergency communications, including those of law enforcement, public safety officials, or national security authorities, consistent with or as permitted by applicable law.
Does Nextab require consideration from edge providers in exchange for the
non-discriminatory treatment of their content, application, service, or non-harmful device?
No, Nextab does not require consideration, monetary or otherwise, from edge providers (i.e., individuals or entities that provide any content, application, service, or non-harmful device) in exchange for the non-discriminatory treatment of their content, application, service, or
non-harmful device, including, but not limited to, in exchange for transmitting traffic to and from our end users or preventing the blocking or throttling (including impairment or degradation) of the edge provider’s content, application, service, or non-harmful device.
Does Nextab unreasonably interfere with or unreasonably disadvantage: (1) an end user’s ability to select, access, and use the Broadband Services; (2) the lawful content, applications, services, or devices of the end user’s choice; or (3) an edge provider’s ability to make lawful content, applications, services, or devices available to end users?
No, subject to reasonable network management, Nextab does not unreasonably interfere with or unreasonably disadvantage: (1) an end user’s ability to select, access, and use the Broadband Services; (2) the lawful content, applications, services, or devices of the end user’s choice; or (3) an edge provider’s ability to make lawful content, applications, services, or devices available to end users.
What practices has Nextab adopted to manage network security?
Nextab takes the security of our customers very seriously. As an MVNO, Nextab does not have the ability to manage the security of its Underlying Carrier’s network. However, it is our understanding that our Underlying Carrier has implemented reasonable physical, technical, and administrative safeguards to help guard against a wide range of security threats. Specifically, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, spam, and other harmful activity. Our Underlying Carrier also takes steps to neutralize identified threats. Nextab uses industry-accepted security measures to secure out network. Despite these security practices, Nextab cannot guarantee that you will not encounter unwanted, harmful, or malicious Internet traffic while using our Broadband Services or that information, during transmission through the Internet, while stored on our system, or otherwise in our care, will be safe from intrusion by others, such as hackers. We encourage you to adopt your own reasonable security practices. For additional information on our network security, please refer to the Service Security and Optimization section of out Terms and Conditions.
Does Nextab restrict the types of devices that customers can use with its Broadband Services?
Nextab customers may use any 4G or 5G-capable devices of their choice with our Broadband Services, so long as the devices are compatible with and do not harm or interfere with the networks of our Underlying Carrier and comply with all applicable laws, rules, regulations, and standards.
What is geolocation data, and does Nextab collect or share my geolocation data?
Geolocation data is generally understood to be subscribers’ real-time location information or other information used to determine subscriber physical location when using Nextab’s services. As an MVNO, Nextab doesn’t collect, store, use or share subscriber geolocation data, except to the extent that such information is included on records reported from our underlying carrier. Our underlying carrier may use and collect geolocation data as needed to support the services we provide to you. Our Privacy Policy, located at www.nextab.com/terms outlines Nextab’s privacy practices in detail including any that relate to Geolocation Data.
While Nextab does not collect, use, or share Geolocation Data other than described above, please be aware that applications on your Nextab device could collect and share data; please visit those applications’ Terms and Conditions, Privacy Policies, and other documentation to determine data collection and sharing by applications you access on your device using your Nextab device.
Network Performance Characteristics
What factors affect the performance of Nextab’s Broadband Services?
Although our Underlying Carrier engineers and manages its network to provide optimal performance to all users and user types, including based on average and anticipated peak usage of the network, the end-to-end performance of our Broadband Services can depend on a variety of factors, many of which cannot be anticipated or are outside of our and our Underlying Carrier’s control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other customers connected to the same cell site, the number of customers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which your device is communicating, the source or destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices discussed above. These factors can impact the availability of network resources for Broadband Services at any time.
What performance can I expect from Nextab’s Broadband Services?
Nextab offers mobile broadband Internet access service using its Underlying Carrier’s 4G LTE and 5G networks. Performance of broadband Internet access services is generally evaluated based on speed and latency. Because, as described above, our reasonable network management practices and a variety of other factors can affect the performance of our Broadband Services, neither we nor our Underlying Carrier guarantee specific performance when you use our Broadband Services. Additionally, the specific terms of your service plan may limit the amount of high-speed data included with your service plan and the actual speeds associated with data allocations included in your service plan. Reduced network speeds may increase the latency you experience.
Speed
Speed reflects the rate at which Broadband Services can transmit data packets. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps). Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally. Other activities, like transferring large data files, can be performed faster with higher-speed services. Applications involving real-time or near real-time, high-bandwidth uses, such as streaming video or video conferencing, may require high-speed service to function optimally.
The maximum download speeds achievable on the network of our Underlying Carrier are typically between 75 – 335 Mbps for 5G devices and 19 – 76 Mbps for 4G LTE devices. The maximum upload speed is typically between 8 – 35 Mbps for 5G and 4 – 20 Mbps for 4G LTE devices. Nextab provides its Services at speeds of at least 128 kbps download and upload, where the network will support such performance. After you use your monthly high-speed data allotment included in your service plan, your data speed may be reduced or your data access may be suspended for the remainder of the billing cycle, please check your service plan for details. Customers can receive additional data by upgrading their service plan to one with a higher data allotment or by purchasing a data top-up.
Latency
Latency is the time that a data packet takes to travel between two points on the Internet, usually expressed as the round-trip time in milliseconds (ms). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance. Other applications, such as real-time video conferencing, require lower latency to function properly. Latency may increase as speeds are reduced. The minimum round-trip latency achievable on the network of our Underlying Carrier is typically between 24 – 40 ms for 5G and 4G LTE devices.
Commercial Terms
Where can I find the rates and other fees that apply to Nextab’s Broadband Services?
Descriptions of the rates and fees applicable to our Broadband Services are described in our service plan offers and in our general Terms and Conditions, available on our website, www.nextab.com/terms. Nextab does not charge termination fees and is not responsible for any termination fees that may be imposed by another carrier that ports your number or benefits (e.g., Affordable Connectivity Program) to the Nextab platform.
Where can I find the Terms and Conditions and Acceptable Use Policy that apply to Nextab’s Broadband Services?
The Terms and Conditions (including our Acceptable Use Policy) can be found at www.nextab.com/terms.
What are Nextab’s privacy practices for its Broadband Services?
Nextabs Privacy Policy for our Broadband Services is set forth in Privacy Policy at www.nextab.com/terms.
How can I get assistance if I have a question, concern, or complaint or need more information about Nextab’s Broadband Services?
If you have questions or concerns about our Broadband Services, please contact us using the following information:
Email: support@nextab.com
Phone: (855) 9-NEXTAB during normal business hours: Monday to Friday, 9am to 5pm EST
