TERMS AND CONDITIONS

Effective as of September 1, 2023

Thanks for Choosing XmartFi! We are pleased that you selected us as your internet service provider. Please use this page as a reference for questions about your service and the terms and conditions of service that govern the service you purchased with us. These Terms & Conditions (“T&Cs”) contain important information about your relationship with us, including individual mandatory binding arbitration of disputes between us, instead of class actions or jury trials. By accepting these T&Cs, you agree, on behalf of yourself, any person on your account, an Authorized User, and any person you allow using the Service(s), to be bound by these provisions.

  1. Service Usage

1.1 You (“you” or“Member”) are being provided an Internet access service (“Service”). The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations, and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time is the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather, or other factors outside our control, or any of our partner’s control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partners assume no liability with regard to any failure or lack of performance of the Service. Our services are intended for personal and non-commercial use. You agree not to use our services for any illegal or unauthorized purpose.

  1. One-time charge

Upon enrollment, you are responsible for paying a one-time charge for the equipment that will be provided in order to access the Internet service. The One-time charge constitutes access to products and services. 

The One-time charge covers the cost of the setup, administration, and support for each subscription, as there can be multiple subscriptions under one membership on a customer’s account. 

  1. Billing Policy 

At XmartFi, we are committed to providing transparent and convenient billing processes to our valued customers. Please carefully review our billing policy to understand how we handle billing and payments

Upon becoming an XmartFi customer, you are responsible for paying your first month of service in advance once your 14-day trial period is completed, during which our service is evaluated free of charge. Your first monthly billing is separated from your One-time charge outline in section 2.

Electronic Billing and Automatic Payment will be charged to the credit/debit card used at the checkout upon the shipment of the item to the address specified at the checkout. The monthly payment will be automatically processed on the billing cycle’s due date. We recommend ensuring sufficient funds are available in your payment method before the due date to avoid interruptions in service.

All subscriptions must have a valid credit/debit card on file for autopay subscription renewal. Autopay enrollment is a condition of membership and is authorized by the customer at the time the membership is purchased. Credit/Debit cards may be updated at the member’s request. 

If payment is not received within 5 days after the billing date, we will temporarily suspend the service. Once the pending payment is received and billing is confirmed, the service will be reinstated if the payment made does not exceed seven days after the billing day. In that case, a charge of $30 for a reactivated fee. If the service has been suspended for a period longer than 30 days, a Sim card replacement is required with a $30 reactivated fee charged to the Customer.

If you decide to cancel the service after the 14-day trial period, follow the established cancellation policies in Section 4.

  1. Refunds Policy

Refund requests must be requested by writing or by calling our customer service line at 815-662-0646. Our refund policy covers the first 14 days after receiving the router/modem at the address requested. Refunds will be processed for the equipment’s total value ($147), the refund policy can only take place when the device(s) has been returned to XmartFi the returned products must be in original condition without physical damage. 

No refunds will be issued for defective modems/routers or sim cards. We reserve the right to reject refunds if the returned products do not meet this condition. After the 14-day trial period, if you would like to cancel your XmartFi Internet service, you will be responsible for the full month.

4.1 Refund Process

  1. Once we receive your refund request, our XmartFi team will provide you with a shipping label for you to return the equipment. The equipment return must be completed within a maximum of 7 days from receiving the shipping label. Failure to meet this deadline will invalidate the refund policy.
  2. When the returned equipment is received at our shipping center, we will perform a test to verify that the equipment arrives in good external condition and with proper internal functionality.
  3. If the returned equipment successfully passes the verification of external conditions and internal functionality, and if the charger and LAN cable are in optimal condition, we will approve the refund for the total value of the equipment ($147)

Exceptions: No refunds will be issued if the returned product shows signs of misuse, intentional damage, or negligence.

– If you experience issues with a modem from the first day of use, please contact us immediately for technical assistance. In the case of a defective modem, you may receive a replacement instead of a refund.

– After the 14-day trial period, no refunds will be issued for monthly payments or the equipment provided for the service.

  1. Cancellation and Recycling Policy

At XmartFi, we value customer satisfaction and care for the environment. If you decide to cancel the XmartFi internet service after the 14-day trial period you will be responsible for the full month. We have established the following options for you:

5.1 Keep the Equipment

  1. After the 14-day trial period, if you choose to cancel our services, you have the right to keep the equipment (router) provided by XmartFi. The equipment is yours to keep, with no obligation to return it, since the refund policy does not apply to this matter.

5.2 Recycling Program 

  1. As part of our commitment to environmental sustainability, we invite you to participate in our recycling program. 
  2. If you wish to dispose of the equipment responsibly, you can contact us to enter the recycling program. 
  3. Through this program, you can return the equipment to XmartFi for proper recycling, helping us reduce the environmental footprint associated with our internet services.

NOTE: Participating in the recycling program is free of charge.

  1. Delivery Policy

This policy explains the estimated delivery timeframe, how customers can track their deliveries, and the options available for refunds or compensation in case of delivery inconveniences. It provides customers with information about what to expect and how to stay informed about their deliveries.

  1. Delivery times are subject to the operations of transport companies and typically range from 5 to 9 days. For accurate tracking and updates on your package’s status, you can use the tracking feature available according to your shipping company. 
  2. Refunds for Delivery Inconveniences: In the event of any delivery inconvenience, we are committed to ensuring your satisfaction. If your delivery experiences delays or issues, we offer the following options.
  1. Non-service day refunds: If the delivery results in a non-service day, we will refund the corresponding charges with days of service to make up for any delays. 
  2. Stay Informed: We recommend utilizing the tracking link to stay updated on your package’s delivery progress. In case you encounter any unexpected delays or issues, please reach out to our customer service team for assistance.
  1. Privacy

At XmartFi, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your data when you use our services or visit our website. By accessing our services, you agree to the practices described in this policy.

7.1. Information We Collect

  1. Personal Information: We may collect personal information, including but not limited to your name, email address, phone number, billing information, and postal address, when you register for our services, make payments, or interact with our website.
  1. Modifications

8.1 We reserve the right to modify or replace these terms at any time. Continued use of our services after changes constitute acceptance of the new terms.

  1. Contact

9.1 For questions, concerns, or more information, contact our customer service team through the channels specified on our website.

By using our services, you agree to abide by these terms and conditions. Please review them regularly as they may change. These terms are effective as of September 1, 2023.

 
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