Terms & Conditions
Thank you for choosing EvoLink Communications, LLC! Your service terms and conditions are part of this Customer Agreement (“Agreement”) and are provided by EvoLink Communications LLC (“EvoLink”) or one of its affiliates. Your voice, text, and data services are for use within the EvoLink coverage area. Together, your Plan and any features you use are your Service. The current version of this Agreement and the terms and conditions for your Service are available upon request via an email to EvoLinkCommunications@gmail.com or via the EvoLink Communications Facebook Page.
By purchasing and/or using the Service, you are agreeing to every provision of this Agreement whether or not you have read it. This Agreement also applies to anyone who uses your Service.
Cancellation
We’d hate to see you go, but you may cancel service for any reason at any time. If your account has been activated, no refunds will be provided for the activation cost. Refunds are only issued to those who have had (14) or more days without the use of service (Internet) and after we have exhausted all means to provide you with service. An assessment of your account (Data) usage will be conducted before a refund will be issued. Fair data usage is defined as 10Gb of data or more within a 14-day period. If your account shows to have used 10Gb or more, you will NOT be entitled to a refund. If you do qualify for our refund policy, only the cost of equipment, will be issued, this is because we are not able to recover activation fees, first months service etc. A fee of $50 will be applied to all returned equipment for restocking purposes. If you cancel our service and fail to return our SIM (Subscriber Identity Module) card, you will be fined an additional $50 for failure to return our property. Requests for refunds MUST be submitted via email or FaceBook Messenger. If your request is not made directly through the website portal within the appropriate time period (within first 14 days of service), then you will not be entitled to a refund.
Privacy
By entering into this Agreement, you agree to our data collection, use and sharing practices described in our Privacy Policy available upon request via email at EvoLinkCommunications@gmail.com. Changes to the Agreement or Your Service
We may change prices, the monthly cost or any other term of your Service or this Agreement at any time, but we’ll provide notice. If you don’t like the change, remember you can cancel at any time. But, if you use your Service after the change takes effect, that means you’re accepting the change. If we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
My Internet Service
Your Internet Equipment must comply with Federal Communications Commission regulations, be certified for use on the network, and be compatible with your Service. We may change your internet device’s software, applications or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use your internet device. By activating your SIM (Subscriber Identity Module) card, you agree we own the intellectual property and software in the SIM card, that we may change the software or other data in the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.
Call Out Service
If needing a Service Technician to come to your residence, a request MUST be made via email or via Facebook Messenger. Any request that is made outside of the website application portal, we are not responsible for. If a Service Technician must come out, there will be a $65 Call Out Service charge; depending on location you might also be charged $1.00 per mile from store location for drive time. You as the customer are responsible for paying for these services. Service will be shut off if failure to do so.
Coverage and Service Availability
Wireless devices use radio transmissions, so unfortunately you can’t get Service if your device isn’t in range of a transmission signal. Also, please be aware that even within your network coverage area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage and weather. We may take any action to protect and maintain the integrity of the network.
If you lose Service for more than 10 days in a row and we’re at fault, contact us at EvoLinkCommunications@gmail.com within 30 days and we’ll give you a credit for the time lost. This is your only right for interrupted Service.
Charges
You are responsible for paying all mandatory taxes and fees set by federal, state, and local governments that we are required to collect and remit to the government including MNO (Mobile Network Operator) fees.
Billing and Payments
The availability of Service depends on your payment in advance of the monthly charge when it is due. If you fail to make payment when due, your Service will be suspended and/or cancelled. By making a payment, you will have access to Service for the designated period of time. If your account is deactivated for non-payment, it will be suspended for 60 days. If payment is not made within the 60 day period, it will be cancelled. When your account is cancelled, we will re-assign the phone number associated with your account, and that phone number may no longer be available to you.
We will not provide you with monthly bills. You can access your account via e-mail. You are responsible for paying your monthly charges for the Service provided under this Agreement, including charges made by any person you permit to have direct or indirect access to your phone even if you did not authorize its use.
Lost or Stolen Devices
We’re always here to help! It’s important that you notify us right away at EvoLinkCommunications@gmail.com, so we can suspend your Service to keep someone else from using it.
Our right to limit or end Service or end this Agreement
We can, without notice, limit, suspend or end your Service or this Agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) primarily use data on other wireless companies’ networks; (d) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (e) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (f) if we are permanently unable to provide Service to you; or (2) if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
DISCLAIMER OF WARRANTIES
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products. EvoLink is not responsible for any third–party information, content, applications or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third–party products or services.
WAIVERS AND LIMITATIONS OF LIABILITY
You and EvoLink both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others, or by any act of God.
Dispute Resolution
Customer Service is our top priority! Most customer concerns can be quickly resolved by contacting customer support. You can dispute charges for any Service(s) within 30 days of the date the disputed charge was incurred by emailing us at EvoLinkCommunications@gmail.com.
BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT 113 IRENE DR, , PINEVILLE LA 71360, IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 30-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.
YOU AND EVOLINK BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND EVOLINK AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE THE AAA’S CONSUMER ARBITRATION RULES OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG). FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO EVOLINK SHOULD BE SENT TO EVOLINK DISPUTE RESOLUTION MANAGER at EvoLinkCommunications@gmail.com. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE’LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, EVOLINK WILL PAY THE FEE DIRECTLY TO THE AAA. IF THAT ARBITRATION PROCEEDS, WE’LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.
(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(6) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(7) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(8) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND EVOLINK AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND EVOLINK UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
About this Agreement
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You can’t assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.
If we send notices to you, they will be considered received immediately if we send them to your wireless device or to any email that you’ve given us. If you need to send notices to us, please send them to EvoLinkCommunications@gmail.com.
If any part of this agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations as explained in part 7 of the dispute resolution section above), is ruled invalid, that part may be removed from this agreement.
This agreement and the documents it incorporates form the entire agreement between us. You can’t rely on any other documents, and you have no other rights regarding Service or this agreement. This Agreement isn’t for the benefit of any third party except our affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we’ve agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.
By requesting and using the services from EvoLink Communications LLC, the customer agrees to the Terms and Agreements set forth in this document. Please contact us with any questions at EvoLinkCommunications@gmail.com