Cricket Auto Pay Service Credit Program Terms and Conditions
Revised November 14, 2016
IMPORTANT: Please read the following Cricket Auto Pay Service Credit Program ("Program") Terms & Conditions ("Terms and Conditions") before participating in the Program. It is your responsibility to carefully read and to understand these Terms and Conditions. These Program Terms and Conditions may be updated at any time, and changes become binding once posted to the Program Website.
By providing your debit or credit card information, you certify that you have the authority to authorize debits or charges to the payment card identified (the Card) and you authorize Cricket to electronically debit or charge the Card each month in the amount due for your monthly Cricket service one day before the due date for your payment. Your authorization will remain in effect until you notify us by calling 1-800-274-2538 that you wish to revoke this authorization and we have a reasonable opportunity to act on your notice. You may also turn Auto Pay off by accessing your account online at www.cricketwireless.com or on your device by using the myCricket app. This authorization may also be terminated by your card issuer or Cricket. Please print this authorization or store it electronically and keep it for your records.
II. Program Overview
This Program is designed to reward Cricket Wireless customers who use Auto Pay.
III. Eligibility Requirements
- To receive Program benefits you must participate in the Program by enrolling your account in Auto Pay on any Cricket $40, $50, $60, or $70 rate plan and meet all eligibility requirements set forth herein.
- To receive a Program account credit you must be enrolled in Auto Pay on a qualifying Cricket rate plan at the time account credits are issued.
- Once enrolled in Auto Pay you must remain enrolled in Auto Pay to participate in the Program.
- You will not receive a Program account credit if Auto Pay is removed from your account at any time during any billing cycle.
- Your Cricket account must be in good standing to participate in the Program. This means that suspended accounts and cancelled accounts are not eligible for Program account credits or any other Program benefits.
- The Program is not available on multi-line accounts and may not be combined with any other offer or rate plan discount.
- Cricket's $25, $30, and discontinued Tablet plans are not eligible to participate in the Program.
IV. Program Account Credits
- If you meet all Eligibility Requirements, you will receive a $5.00 account credit issued to your Cricket account approximately five (5) days before each Cricket Pay renewal date.
- Account credits are not redeemable for cash or any cash equivalent and are not transferable or refundable. Account credits are forfeited if your account is cancelled for any reason.
- If you turn Auto Pay on fewer than three days before your Cricket Pay Date, we'll charge your Auto Pay card starting with your next month's payment. You'll still need to make a one-time payment for your current month's service.
- If you turn Auto Pay on fewer than seven days before your Cricket Pay Date, you'll receive the Auto Pay credit starting with your next month's billing cycle.
V. Termination or Changes to the Program
- Cricket Wireless reserves the right to terminate the Program at any time without notice for any reason.
- Cricket Wireless may modify the Program and/or these Program Terms and Conditions from time to time in its sole discretion, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-CRICKET (274-2538). In the unlikely event that Cricket's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Cricket Wireless has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Cricket Wireless will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Cricket Wireless to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Cricket Wireless will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Cricket Wireless has offered you to settle the dispute.
- Cricket Wireless and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to "Cricket Wireless," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Cricket Wireless are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Cricket Wireless should be addressed to: Office for Dispute Resolution, Cricket Wireless, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Cricket Wireless and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cricket Wireless may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cricket Wireless or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cricket Wireless is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.cricketwireless.com/arbitration-forms.
- After Cricket Wireless receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Cricket Wireless will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.cricketwirelesswireless.com/arbitration-information. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Cricket Wireless and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Cricket Wireless will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Cricket Wireless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
- If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Cricket's last written settlement offer made before an arbitrator was selected, then Cricket Wireless will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If Cricket Wireless did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws Cricket Wireless may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Cricket Wireless agrees that it will not seek such an award.
- The arbitrator may award declaratory 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. YOU AND CRICKET WIRELESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cricket Wireless agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if Cricket Wireless makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. Except as otherwise provided herein, if any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Cricket to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Cricket with respect to the Program.