IMPORTANT CUSTOMER NOTICE:  From time to time we find it necessary to remind everyone that Page Plus is a PREPAID Cellular Provider.  All sales of Page Plus Plans, PINS & Cards are 100% non-refundable, and non-transferable. 

Prepaid Minutes & Plans cannot be moved between phone numbers, and prorated credits & refunds are not given if you should ever decide to discontinue your service.  This is no different than any other prepaid provider out there.

Once you have paid for your time, or minutes, it is 100% non-refundable, and non-transferable, under any circumstances, at all, ever, per Page Plus policy.

Kitty Wireless Service through Page Plus Cellular As An Authorized Dealer

Please read and understand these Terms and Conditions of Service very carefully. By accepting these terms and conditions contained herein, they become a legally binding agreement (“Agreement”) between you and Kitty Wireless.  Kitty Wireless is an Authorized Dealer for Page Plus Cellular.  The Agreement contains important information pertaining to your legal rights, limitations on the use of the Kitty Wireless Service and requires that any disputes be resolved through arbitration instead of court.

This Agreement becomes binding on you when you accept it. You accept it by doing one of the following actions:

• Activate a Kitty Wireless Handset, or
• Purchase a Membership in a Kitty Wireless Club, or
• Purchase Minutes from Kitty Wireless, standard or plan cards, or
• Purchase a service, whether manual or automated, from Kitty Wireless, or
• Activate and add Page Plus minutes to your Page Plus account.

1. Activating Your Kitty Wireless Handset

   You must active the Handset in order for you to use it with the Kitty Wireless Service. Activation can take place in one of the following ways:

   1. visit an authorized dealer and have them activate the phone; or
   2. purchase an already active handset from an authorized Kitty Wireless reseller.
   3. purchase an active handset through the Kitty Wireless website, www.kittywireless.com.
   4. purchase an activation for your existing handset through the Kitty Wireless website, www.kittywireless.com.
   
   
2. Activating and Adding Minutes to Your Kitty Wireless Account

   In order for you to use your airtime minutes using the Kitty Wireless Service you must establish and add minutes to your Kitty Wireless Account. Your Account is identified by the phone number assigned to you. You add minutes to your account when you replenish it. Replenishment can take place in one of the following ways:

   1. purchase a Kitty Wireless Prepaid phone card from an authorized reseller and call our automated customer service number at 1-800-550-2436 to establish and activate your account; or
      
   2. purchase a Kitty Wireless Prepaid phone card from an authorized reseller and call our automated customer service number at #737 from your handset to activate your account; or
      
   3. purchase an already active handset from an authorized Kitty Wireless reseller; or
      
   4. purchase an already active Handset through our website, www.kittywireless.com.
   
   
3. Kitty Wireless Handset, Service and Phone Number.

   You must use a certified Kitty Wireless Handset in order to receive Kitty Wireless Service. Your Kitty Wireless Handset can only be used with Kitty Wireless Service, and cannot be activated with any other wireless or cellular service. Some functions and features referenced in the Manufacturer’s manual provided with your Kitty Wireless Handset may not be available for use with the Kitty Wireless Service. The wireless telecommunications network used to provide you the Kitty Wireless Service is owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Kitty Wireless. Kitty Wireless, therefore, may modify or cancel any service or take corrective action at any time without prior notice and for any reason. Kitty Wireless Service is subject to Kitty Wireless' policies, practices and procedures, which Kitty Wireless can change without notice.

   You must accept the Kitty Wireless telephone number assigned to your Kitty Wireless account at the time of activation. You have no rights in the telephone number we assign to you except for any right you may have to port it.

4. Kitty Wireless Minutes

   Once your account is activated, minutes will be added to your account or will already be added to the Kitty Wireless phone number assigned to the handset you purchased. Once activated, the number of minutes assigned to the account will be available for use with the Kitty Wireless Service subject to any charges that are incurred due to use of Service or other fees as applicable. The balance on your Page Plus account cannot be refunded, not can it be split, transferred, or redistributed to another Kitty Wireless account. Your Kitty Wireless airtime and minute balance can only be used with the Kitty Wireless Service, and cannot be used with or transferred to any other wireless or cellular service.

5. Airtime Rates

   Kitty Wireless Account balance is issued and maintained in US dollars. Your account balance will decrease based on your usage and to pay for usage fees as specified by the plan you select. You will have access to Kitty Wireless Service only when you have a balance available on the Kitty Wireless account. You may add additional minutes by entering the Personal Identification Number (“PIN”) obtained from Kitty Wireless prepaid cards or from a retailer pin number. You must add your Kitty Wireless prepaid PIN to your Kitty Wireless account in a timely manner before the expiration of the Service Extension Date (as defined below). Your plan is determined based on the face value of the Kitty Wireless Prepaid Plan card or PIN receipt you purchase. A list of the current service plans and charges are available at our website, www.kittywireless.com

   1. National Long Distance Charges. There are no additional charges for nationwide long distance.
      
   2. International Calling. You may use your Kitty Wireless Service to make international calls to landlines, as well as certain cellular phones in certain countries). See the Page Plus Features page for available countries and more details. The available countries are subject to change without prior notice. You will not be able to make or receive calls using your Kitty Wireless Service when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.
      
   3. Text Messaging. There may be additional fees charged for sending and receiving text messages. The rates for sending and receiving a text message using the Kitty Wireless Service varies by service plan. Specific rates can be found on the description page for each plan.
      
   4. Web Access. Kitty Wireless Handsets that have been certified for WAP and MMS (the "Data Services”) will allow you to access the mobile web (WAP) and utilize multi-media services “MMS”. Data Services are additional services offered by Kitty Wireless, and there is an additional charge for the use of these services.
      
   5. Roaming. You are “roaming” whenever you make or receive a call using a transmission site outside your home coverage area, or using another company’s transmission site. Your wireless phone may sometimes connect to and roam on another company’s network even when you are within your coverage area or local calling area. There may be extra charges (including charges for long distance, tolls, or calls that don’t connect) and higher rates for roaming calls, depending on your plan. Availability, quality of coverage and Services while roaming are not guaranteed.
      

6.  Unlimited Plan Abuse

   Page Plus Unlimited Plan services are provided solely for live dialogue between two individuals for personal use. Other uses have the potential to disrupt reliable service to other Page Plus customers and/or have an impact on network resources, so are therefore considered abuse of the service and will not be allowed. Such uses would include, but are not limited to, machine-to-machine, telemarketing, autodialing, transmission of broadcasts or recorded material, and any and all other commercial uses. We may determine at our sole discretion that abuse is taking place if, for instance, you are placing an unusually high number of calls of unusually long duration. We reserve the right to respond to such abuse by placing you on a different class of service or, at our discretion, terminating your service.

7. Kitty Wireless’ Right to Make Changes

   Unless otherwise prohibited by law, Kitty Wireless reserves the right to change prices or the use of the Kitty Wireless Service in this Agreement at any time and without notice to you. You must refer to our website at www.kittywireless.com for an updated version of these terms and conditions.

8. Airtime Minutes

   Each Kitty Wireless prepaid card or PIN receipt identifies the number of minutes available for using the Kitty Wireless Service. The airtime minutes are available for your use for a period of 120 days beginning on the day that you purchase and activate the card and add the minutes to your Kitty Wireless account (the “Service Extension Date”).

   Kitty AutoPay

   Kitty Wireless will make every possible attempt to make sure that your Kitty AutoPay number is renewed before the following morning after your expiration date.  However, sometimes there are circumstances out of our control - such as the Page Plus system not working correctly, power outages, computer failures, hardware/software failures, or medical emergencies.  In situations such as this, your AutoPay will be reactivated as soon as humanly possible.   Kitty Wireless cannot be held liable for any losses, direct or indirect, that may result in your AutoPay number not being renewed properly if it results in a period of interrupted service.

9. Balance Usage

   When you use a Kitty Wireless Service (e.g., make a call, send or receive a text message, etc.), Kitty Wireless will debit your account at the rate described in your plan for the feature you are using. Use generally begins when you answer a call and continues until you end the call. Your balance will be debited for all calls except for #737 and 911 calls. Balances are debited in full minute increments and in full 8-kilobyte increments, per service. No credit is given for dropped calls.

10. Monthly Charge

    In addition to the charges per service incurred pursuant to your Plan, we may charge a monthly maintenance fee. Currently, customers on our “Standard” plan are billed a monthly maintenance fee of 50¢. Customers on our “Unlimited Nights & Weekends”, “Unlimited Anytime 24/7”, and “Talk n Text” plans are not currently billed a monthly maintenance fee.

11. Account Lifecycle / Forfeiture of Unused Minutes / Reassignment of Phone Number

    If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period the Service Extension Date, your Kitty Wireless Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account within 30 days from the Service Date Extension, Kitty Wireless may also reassign your phone number to a different user. If your Kitty Wireless phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you by Kitty Wireless should you choose to resume using the Kitty Wireless Service.

12. Coverage

    Coverage maps are available on our website, www.kittywireless.com. These maps are for informational purposes only. Kitty Wireless does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, other factors not under Kitty Wireless' control may interfere with your actual service. Actual coverage and service areas may vary from the maps and may change without notice.

13. Membership Details
    
    From time to time Kitty Wireless may offer "memberships" in special clubs that entitle you to certain privileges or access to special services. Kitty Wireless reserves the right to modify the privileges and/or access levels of this club at any time during your membership. If we modify these levels, we will notify you of such. If you fail to agree that the new levels are acceptable to you, your only remedy with Kitty Wireless will be a refund of your entire membership fee, minus the benefits you were able to get from the membership while you were a member.
    
    Kitty Wireless reserves the right to modify, cancel, or suspend access or privileges at any time, for any reason. If we cancel your membership, for any reason, your only remedy with Kitty Wireless will be a refund of your entire membership fee, minus the benefits you were able to get from the membership while you were a member. Before we refunded the membership fee, we will deduct the value of the items you were able to enjoy from the membership.
    
    For instance, if over a year you used 300 services under our Kitty Unlimited Club, valued at $19.99 each, then you received $900 worth of services for a small one time membership fee. We would NOT refund your membership fee in this case if we ever had to end our Unlimited Services Club. The value of the services you received would far outweigh the payment made for the membership.
    
    Another example, if you are in our PIN Savings Club, which carried a one-time fee, and over the course of a period of time you saved $80.00 in discounts off your PINs, and our Savings Club ended for whatever reason, you would not be entitled to a refund because you saved more than your membership fee - therefore you got more value out of your membership than you paid for it.
    
    If Kitty Wireless makes a mistake in the advertisement for a membership, and you notice it, and we are unable to honor that mistake for whatever reason (we don't have to honor a mistake), you will be entitled to a refund & cancellation of your membership fee if you so choose, or you can continue your membership with the new noted terms, taking the mistake into consideration and understanding that it was a mistake.
    
    Kitty Wireless Memberships, of any kind, will never give away something that requires human processing for 100% free, unless specifically allowed & approved by Kitty Wireless to be included in a membership.
    
    
14. Kitty AutoPay & Recurring Payments
    
    Kitty Wireless offers the Kitty AutoPay feature that will allow us to help you manage/pay for your Page Plus Cellular Service.  By signing up for Kitty AutoPay, you agree to allow Kitty Wireless to charge your credit card for the services that we provide for your cellular phone(s) in the proper amount for each plan up to, and including, the face value retail value for the plan itself.  You agree to pay the credit card charge to your merchant card provider as agreed.
    
    If you ever wish to cancel your Kitty AutoPay, you agree to do so in writing by sending an email to support@kittywireless.com with the cellular phone number, as well as the billing address, of the AutoPay that you wish to cancel.  You may also send a request to cancel in writing to:  KITTY WIRELESS, INC., PO BOX 440, SEARSPORT, ME 04974.
    
    Kitty Wireless will email you every time we charge your credit card.  This serves as your notice of charge.
    
    Kitty Wireless will email you every time we add a PIN Number to any of your lines.  This services as your notice of replenishment.
    
    
15. KITTY WIRELESS REMINDERS & ON DEMAND CASH BALANCE REPLENISHMENT PROGRAM
    
    Any program offered by Kitty Wireless to remind a customer of their balance, expiration date, or any other part of their account, or to automatically replenish an account when a trigger is encountered, IS NOT GUARANTEED. 
    
    We do not guarantee our programs because they are run by a computer, and computers make mistakes.  It is ULTIMATELY the FINAL RESPONSIBILITY of the customer to make SURE they know WHEN their minutes and/or accounts expire and to take manual action before that occurs.  You agree that Kitty Wireless cannot be held responsible for any lost funds, expiration dates, or lost phone numbers. 
    
    IT IS YOUR RESPONSIBILITY TO KNOW YOUR EXPIRATION DATES & ACCOUNT EXPIRATION DATES.
    
    
16. Unintended Use

    All Kitty Wireless handsets are sold for exclusive use with Kitty Wireless service. Improper, illegal, or unauthorized use of your Kitty Wireless service or handset may result in immediate termination of Service. You agree not to change, alter, or tamper with your Kitty Wireless handset or the software used in conjunction with it, enter fraudulent PIN numbers, engage in any other unauthorized or illegal use of the service, assist others in such acts, or to export Kitty Wireless handsets outside of the United States. These acts violate Kitty Wireless' rights and could violate state and federal laws. Kitty Wireless will prosecute violators to the full extent of the law.

    You agree not to resell our service to someone else without our prior written permission.

    You also agree that your Handset will not be used for any other purpose that is not allowed by this Agreement or that is illegal.

    You agree that you won’t install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.

    We can, without notice, limit, suspend, and deactivate your account or any agreement with you for these causes, or any other good causes which include, but are not limited to:

    1. if you:
       1. breach this Agreement;
       2. enter fraudulent PINs to access the Kitty Wireless Service;
       3. provide credit information we can not verify;
       4. lie to us;
       5. allow anyone to tamper with your Handset;
       6. export the Kitty Wireless Handset outside the United States;
          
    2. or if you or any user of your phone:
       1. threatens or commits violence against our representatives;
       2. uses vulgar and/or inappropriate language toward our representatives;
       3. steals from us;
       4. harasses our representatives;
       5. interferes with our operations;
       6. “spams,” or engages in other abusive messaging or calling;
       7. modifies your Handset from its manufacturer’s specifications; or
       8. uses the service in a way that adversely affects Kitty Wireless Service or other customers.

    We can also temporarily limit your service for any operational or governmental reason.

    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 concerning your service. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.

17. Handset Warranty

    Kitty Wireless warrants that the handsets:

    1. will conform in all material respects to the manufacturer’s specifications;
    2. will be free from defects in material and workmanship;
    3. and will be merchantable and fit for the purpose for which it is intended, for a period of thirty (30) days (or for such longer period of time as is specified by Kitty Wireless in writing with respect to any particular product) from the date of purchase (the “Warranty Period”).

    Unless the law forbids it in any particular case, there are no warranties which extend beyond these warranties and the company expressly disclaims all other warranties, whether express or implied, or arising by operation of law, including but not limited to, any warranty of merchantability or fitness for any particular purpose.

18. Warranty Remedies

    In the event any Kitty Wireless Handset fails to comply with this warranty, you may return the Kitty Wireless Handset to Kitty Wireless within the Warranty Period, freight prepaid at your expense.

    Your sole and exclusive remedy for the non-conformance of any Kitty Wireless Handset with the Handset specifications or for defects in materials or workmanship in the handset within the Warranty Period shall be, at Kitty Wireless' election,

    1. Kitty Wireless' repair or correction of the non-conformance or defect,
       
    2. Kitty Wireless' furnishing you, without charge, with a replacement for the non-conforming or defective Kitty Wireless Handset, or
       
    3. Kitty Wireless' reimbursement to you for the purchase price of the non-conforming or defective handset.
       Shipping charges are not refundable, under any circumstances.

    Kitty Wireless shall not be liable for defects caused by abuse or misuse of its handsets. Except for Kitty Wireless' direct costs in repairing, correcting or replacing any non-conforming or defective handset, Kitty Wireless shall not be liable for any other expense connected with the repair, correction or replacement of any handset or for any special, exemplary, incidental or consequential damages.

    Unless the law forbids it in any particular case, we each agree to limit claims for damages or other monetary relief against each other to direct damages. This limitation and waiver will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, products liability or any other theory. This means that neither of us will seek any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against one of our suppliers, to the extent that we would be required to indemnify the supplier for such claim.

    You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather or other things we don’t control; or by any act of God. You also agree we are not liable for missed Voice Mails, or deletions of Voice Mails from your Voice Mailbox (if you have one), even if you have saved them, or for other information that may be lost or deleted if we service your phone. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes. You also agree to any Limitations of Liability in favor of the carriers we use to provide you with the Kitty Wireless Service.

19. Privacy Policy

    To view the Kitty Wireless Privacy Policy, refer to the Kitty Wireless website www.kittywireless.com.

20. Arbitration

    We each agree to settle disputes (except certain small claims) only by arbitration. There is no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreement, as a court would. If an applicable statute provides for an award of attorney’s fees, an arbitrator can award them too. We also each agree, to the fullest extent permitted by law, that:

    1. The Federal Arbitration Act applies to this agreement. Except for qualifying small claims court cases, any controversy or claim arising out of or relating to this agreement, or any prior agreement for service with us or any of our affiliates or predecessors in interest, or any handset or service provided under or in connection with this agreement or such a prior agreement, or any advertising for such handsets or services, will be settled by one or more neutral arbitrators before the American Arbitration Association (“AAA”) or Better Business Bureau (“BBB”). You can also bring any issues you may have to the attention of federal, state, or local government agencies and they can, if the law allows, seek relief against us on your behalf;
       
    2. For claims over $10,000, the AAA’s wireless industry arbitration (“WIA”) rules will apply. For claims of $10,000 or less, the complaining party can choose either the AAA’s supplementary procedures for consumer-related disputes, an individual action in small claims court, or the BBB’s rules for binding arbitration. Each of us may be required to exchange relevant evidence in advance. In larger complex cases under the WIA rules, the arbitrators must apply the federal rules of evidence and the loser may have the award reviewed by a panel of three new arbitrators;
       
    3. You can obtain procedures, rules and fee information from the AAA (www.adr.org), the BBB (www.bbb.org) or from us. This agreement does not permit class arbitrations even if those procedures or rules would. In exchange for your agreement to arbitrate on an individual basis, we are providing you a free internal mediation program. Mediation is a process for mutually resolving disputes. A mediator can help parties reach agreement, but doesn’t decide their issues. In our mediation program, we will assign someone (who may be from Kitty Wireless) not directly involved in the dispute to mediate. That person will have all the rights and protections of a mediator. Nothing said in the mediation can be used in a later arbitration or lawsuit. Contact us at www.kittywireless.com or through customer service to find out more;
       
    4. If you request mediation under our program, participate in good faith in at least one telephonic mediation session, and the mediation does not resolve the disputes between us, we will pay any filing fee later charged you by the AAA or BBB for one arbitration of those disputes. If that arbitration proceeds, we will also pay any further administrative and arbitrator fees later charged for it and (if the arbitration award is appealable under this agreement) any appeal to a new three arbitrator panel. We may make you a written offer of settlement anytime before arbitration begins. If we do and you do not recover in arbitration more than 75&percent; of the offered amount, you agree to repay us the lesser of any fees we advanced or what you would have paid in fees and costs in court under similar circumstances;
       
    5. Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself; and
       
    6. If for some reason the prohibition on class arbitrations set forth in subsection (3c) above is deemed unenforceable, then the agreement to arbitrate will not apply. Further, if for any reason a claim proceeds in court rather than through arbitration, we each waive any trial by jury.
    
    
21. About You, the Customer

    You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, “you” means the organization.

22. Miscellaneous

    A waiver of any part of this Agreement in one instance is not a waiver of any part or any other instance. You can not assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice.

    Notices are considered delivered when we send them by email or fax to any email, text message or fax or cell phone number you have provided to us, including your Kitty Wireless account number or 3 days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you.

    If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can not rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this Agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws or rules of that state.