When you bring your personal/business or
nonprofit to myTAY PCS , you'll get great service and something more—a
connection with a company that shares your values. We offer
comprehensive personal/business plans, an instantly international digital network, world-class
service and a variety of mobile devices. Best of all, every call on the network generates donations for organizations working for peace,
human rights and the environment — at no extra cost to you. xoxo TAY
Q: What are the Terms & Conditions of service?
A:
Terms and Conditions General
THIS AGREEMENT COVERS THE TERMS AND CONDITIONS OF YOUR PURCHASE AND USE OF THE PRODUCTS AND SERVICES PROVIDED TO YOU BY ('myTAY '). BY PURCHASING, ACTIVATING OR USING OUR PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. myTAY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT PRIOR NOTICE. ANY CHANGES TO THIS AGREEMENT SHALL BE EFFECTIVE WHEN POSTED. TO GET THE MOST RECENT VERSION OF THE TERMS AND CONDITIONS OF SERVICE, PLEASE ACCESS OUR WEB SITE AT mytay.com.
Manner of Use
You agree not to use myTAY products and services in any illegal, fraudulent or abusive manner as determined by myTAY at its sole discretion. Services are provided at our discretion and we may change or cancel services at any time for any reason, including for improper use of our products or services or for any violation of this Agreement. You agree to solely use the service for general consumer usage. You will not use the service for telephone-related commercial usage, such as call centers, chat lines, or resale. You understand that the service is not intended to be used continuously, without breaks, to create the functional equivalent of a dedicated line. myTAY reserves the right to charge additional fees, require upgrades, or cancel service to customers that, in the sole judgment of myTAY , generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers and accounts. myTAY may suspend or terminate your service, without any liability to you and without notice to you if you breach any portion of this Agreement or we reasonably suspect you are using myTAY service in an improper manner as determined by myTAY in its sole discretion. Unfortunantly we currently can not support rate plan changes. To change your rate plan you will need to deactivate your current number and re-activate, which may require the purchase of a activation or starter kit.
Services Provided by myTAY
You can use your myTAY branded phone only on the myTAY network. (myTAY network services are provided on the several national & international GSM networks) To use your myTAY phone on the myTAY Network, you must activate it and maintain a active monthly plan. You understand and agree that, absent prior written consent of myTAY : (i) you may not use your myTAY phone with any other service or on any other network; (ii) your myTAY phone may not be 'unlocked' or 're-flashed' for use on any other service or network and (iii) you may not otherwise alter or remove any of its hardware or software. The myTAY service is for personal use only. Your myTAY phone may not be purchased by, or resold to, third parties for activation on any other service or network; nor may it be exported or sold for export outside the United States. myTAY customers have access to service anywhere on the nationwide network, reaching more than 300 million people.* Please see geographic coverage maps for details. All coverage maps are representations of areas where you may use service and within these areas there are locations with limited or no coverage. Calls may be dropped or blocked from time to time. Actual coverage and quality of service may vary due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions.
Charges and Minimum Account Balance
Your account will be debited when you use the myTAY service to make or receive a phone call, to send a text message, to download ringtones, images, games or other content, and for daily network access charges where applicable. You must maintain a monthly plan on your account to make or receive calls or to send text messages. You must maintain a "cash balance" on your account to send and receive MMS or Multimedia Messages. If your account balance is less than $0.25, you will not be able to send or receive MMS messages, even during the nights and weekends period. You may check your account balance by accessing the My Account tool on our website or by calling automated customer service.
Time Zone
The area code of your myTAY phone number determines the applicable time zone for the airtime charges for all myTAY rate plans, this has no bearing on our service plans that offer unlimited talk and/or text.
Other Charges & Rate Changes
Calls to directory assistance (411) will be charged $1.75 per call, plus the applicable per minute airtime rate. It’s best if you use myTAY TextConnect® for mobile local search and directory, instead of 411. (please see your myTAY concierge welcome package for more info. Call waiting will be billed as two separate calls. Calls to voice mail will be charged at the applicable per minute airtime rate if any. Charges for making and receiving calls apply not only to completed call. Call times begin when the talk/begin call button is pressed and end when the end call button is pressed or when a call is disconnected. For billing purposes, call times are measured in whole minutes and rounded up to the next minute. All plans, fees and rates are subject to change without prior notice. Although myTAY reserves the right to change our available rates at anytime, this is not our intention. In the unfortunate even arises where we are required to change our rate we will strive to change rates only for new subscribers, although this is not guaranteed.
Taxes and Surcharges
Additional taxes and regulatory fees may apply to per minute charges, daily access fees and other services. State and local tax rates and regulatory fees vary. Taxes and regulatory fees are assessed on telecommunications services and revenues by state and local governments, and federal agencies. These taxes and fees include sales, gross receipts, universal service, use and excise taxes. The applicable taxes and regulatory fees will be billed and collected by myTAY by debiting your account when you use myTAY refill cards, PIN's, or bill payment services. To refill your account, purchase a myTAY refill card from an authorized retailer or from myTAY direct using the My Account tool, or by calling customer service. myTAY refills can be used only with myTAY phones. Once your account has been credited, myTAY does not accept returns or provide refunds. Credits cannot be transferred from one account to another. You will not be permitted to add more than $100 per day to your account nor add to your account when the balance is $250 or more. From the day you add money to your account, your account is active. You must refill your account by your expiration date, your prepaid "Cash Balance" will carry over to your new expiration date. If you do not add money within the applicable period of time, your account will become inactive and you will lose any balance left in your account. If your account is inactive, you will not be able to make or receive calls, send text messages or receive premium services. If your monthly service is not paid within 4 days of the due date your account will be deactivated and you will lose your mobile number. If you wish to use myTAY service at that point, contact myTAY client care at Shop@myTAYPCS.com and we will activate your account again, although the purchase of a activation/welcome kit may be required. You will be able to call 911 emergency services even when your account is inactive. If your account becomes inactive, you may add money to your account and begin using your phone again. There may be a charge for reactivation. Phone Number, or Number Portability. You do not own your phone number. It may be changed or reassigned. If your account is deactivated, your phone number may be assigned to a different customer.
Disputed Charges
If you believe your account has been improperly debited, you must contact us within 14 days of the disputed charge. You may contact your personal concierge 24/7 via myTAY TextConnect®. We will review your claim to determine if any error has been made, and credit your account accordingly.
Lost or Stolen Phones
If your phone is lost or stolen, please notify us immediately and we will suspend your account. You are responsible for usage of your phone until your account is suspended. Once you acquire a new myTAY phone, any unused credits from your old account will be placed in the new account.
Spam
We do not permit users to send unsolicited bulk email or text messages, known as Spam. myTAY will terminate your service if we determine that you have used your phone to send spam.
Returns
Return policies may vary depending upon the retailer that sold you the myTAY phone. Returns must be accompanied by the original receipt plus all equipment and materials. Any balance remaining on your account at the time of return will not be refunded. For more information on returns please refer to the myTAY return policy
Privacy
myTAY will respect your privacy in a manner consistent with federal privacy laws. We may use your subscriber information to market other products or services to you that may be related to myTAY services. You will have the option to receive information from us about promotions, products and services provided by myTAY or myTAY partners. If you prefer that myTAY not use or disclose subscriber information to offer you promotions, products and services provided by myTAY or myTAY partners, you may direct us not to make such disclosures by calling customer care.
Disclaimer of Warranties
myTAY DOES NOT MANUFACTURE PHONES OR OTHER EQUIPMENT , AND WE ARE NOT RESPONSIBLE FOR ANY DEFECTS IN THE PHONE OR ANY ACTS OR OMISSIONS BY THE MANUFACTURER. A LIMITED WARRANTY FROM THE MANUFACTURER MAY APPLY. CHECK THE MATERIALS ACCOMPANYING THE PHONE FOR DETAILS. Regardless of any manufacturer's warranty, myTAY makes no representations of warranties, express or implied; including (to the extent allowed by law) any implied warranty of merchantability or fitness for a particular purpose concerning your services or phone. There may be occasional problems with the service, including dropped calls and limitations in coverage. You agree to hold us harmless for any problems you experience with our service.
Limitation of Liability
myTAY is not liable for any damages arising from or
in connection with the provision of, or failure to provide, any product or
service. We are not liable for any damages arising from or in connection with
any acts or omissions made by the underlying carrier or service provider or any
other company involved in the provision of myTAY products or services. In no
event shall myTAY be liable for any indirect, incidental, punitive, special or
consequential damages, or damages for loss of profits, revenue, or use incurred
by customer or any third party, whether in an action in contract, or tort, or
otherwise arising from or in connection with the provision of or failure to
provide any product or service.
YOU AGREE TO defend, INDEMNIFY and hold US harmless FOR ANY CLAIMS BY THIRD
PARTIES AGAINST US ARISING OUT OF THE USE OF myTAY PRODUCTS OR SERVICES.
Mandatory Arbitration of Disputes. IN THE EVENT OF A DISPUTE, INSTEAD OF SUING
IN COURT YOU AND myTAY AGREE TO SUBMIT ANY CLAIM FOR FINAL, BINDING ARBITRATION
BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS WIRELESS INDUSTRY
ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE
AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEB SITE AT
WWW.ADR.ORG. YOU AND WE ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, WE WAIVE
ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER
IN CLASS ACTION LITIGATION (TO THE MAXIMUM EXTENT SUCH WAIVER IS PERMITTED BY
APPLICABLE LAW). NOTWITHSTANDING THE FOREGOING, THIS PROVISION DOES NOT PREVENT
YOU OR myTAY FROM BRINGING A CLAIM IN A SMALL CLAIMS COURT, BEFORE THE FEDERAL
COMMUNICATIONS COMMISSION OR A STATE PUBLIC UTILITIES COMMISSION.
Miscellaneous
You may notify us by contacting us at Shop@myTAYPCS.com, to get our current address for written notice. Notice is effective when we receive it. We may send you notice to your last known address in our records, or by leaving you a voice or text message on your myTAY phone. This Agreement is governed by and must be construed under federal law and the laws of the State of Nevada, without regard to choice of law principles. If any part of this Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement makes up the entire agreement between you and myTAY and replaces all prior written or spoken agreements.
Not the answer you were looking for? Contact us via E-Mail.
