Wireless Service Terms and Conditions

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"Apela" or "we," "us," or "our" refers to Apela Inc. "You" or "your" refers to the person or entity that is the customer of record.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING OUR USE OF YOUR LOCATION INFORMATION (SEE SECTION 3.6). THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
 

1. General Terms and Guidelines

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1.1 Length of Agreement

Your Agreement begins on the day we activate your Service(s) and continues until you cancel, on a month-to-month basis. Cancellation may be done only through Apela’s Customer Service at (248) 817-1621.

1.2 Service Activation

If You signed up for a wireless service and a SIM card was shipped to You, You agree to activate the device within ten (10) days of the shipment date by calling 248.817.1621. If Your SIM card is not activated by You, we may activate the service  for You within a month of shipping and Your monthly recurring charges will begin.

1.3 Apela’s rights to Terminate this Agreement
Apela may interrupt, suspend or cancel your Services and terminate this Agreement without advance notice for any reason including, but not limited to, the following:
 

• Any conduct that we believe violates this Agreement or Apela’s Acceptable Use Policy;

• Any abusive use of our network or Services;

• You use your Device/Equipment and/or our Services for an unlawful or fraudulent purpose;

• You use your Device/Equipment and/or our Services in any way that: (a) is harmful to, interferes with, or negatively affects our network, other customers, or the network of any other provider, (b) is harmful to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property rights of Apela or others, (d) results in the publication of threatening, offensive or illegal material, or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy;

• You resell our Services either alone or as part of any other good or service;

• Upon receipt of an order by a state or federal agency;

• You fail to make all required payments when due;

• Your credit has deteriorated and/or we believe that there is a risk of non-payment;

• You refuse to pay any required advance payment or deposit;

• We discover that you are underage;

• You provide inaccurate or misleading credit information; or

• You modify your device from its manufacturer's specifications.

 

 

1.4 Changes to the Agreement
Apela reserves the right to change these Terms at any time. Changes shall become effective when revised Terms are posted to Apela’s website at www.apelainc.com and/or when notice is provided to you accompanying an invoice, whichever date is earlier.
 

1.5 Miscellaneous
The wireless service is provided by Apela through AT&T’s network infrastructure. Parts of the Terms and Conditions in this Agreement may be directly linked to AT&T or be part of AT&T’s Terms and Conditions for Wireless Service.

 

2.  The Invoice

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Your invoice from Apela, whether for Unlimited Calling Plans, Wireless/Roaming Rate Plans, will include various additional line items beyond “Account Usage” (“Carrier Cost Recovery Fee” in the case of Standard Rates Plans or any additional charges for services not included in your wireless plan). Your Invoice might have a line item for State and Federal Charges or State and Federal Taxes or some variation thereof “Taxes and Charges”).
You will have a separate line-item identifying the Taxes and Charges collected for your Services, and we make no assurances that amounts we collect from you for the Services include Taxes and Charges, unless such items are specifically itemized with a numerical calculation. We defer to the advice of our tax accountants and regulatory attorneys to determine if any Taxes and Charges need to be collected and paid based on your jurisdiction. In any event you will not receive a refund for amounts collected to the extent such amounts include Taxes and Charges, and by using the Services you agree that you waive and release the Company from any refund relating to Taxes and Charges.

Please also be noted that your Apela Invoice will not display domestic calls, but only calls or charges for which the amount is greater than $0.00. If you wish to get a detailed summary of these calls, you may request it by calling Customer Service at (248) 817-1621.

Your monthly Services are billed one month in advance, and there is no proration of such charges if Service is terminated before the last day of your billing cycle. Certain other charges are billed in arrears, such as any International calls or roaming charges occurred. The same conditions apply when the termination is done as a result of porting your phone number to a different provider. Due to Apela’s advanced billing system, your first Apela invoice may include charges for the current billing cycle from Activation date until the end of the billing cycle, plus one month in advance. 

 

Additionally, Apela reserves the right to include the additional charges on your Invoice as mentioned in Apela's Customer Service Agreement which can be found here: https://www.apelainc.com/terms-of-use-international-calling. 

3. Signing up

An Activation Fee of $15 per phone line might be required during the sing up process. In addition to activation and number porting, this includes your complete SIM card kit as well as shipping and handling costs, unless you choose to enrol in Automatic Payment. When you enrol in Automatic Payment, the Activation Fee will be waived. 
A first month’s deposit equal to the Plan’s monthly charge will be collected at the point of sale – the deposit will be applied in the event of any unpaid bills so that the Service will not be immediately suspended upon failure of payment. In the event that all payments are up-to-date, the deposit will be applied upon cancellation to the last month of Service. 

 4. Roaming and International

Apela may, in its sole discretion, block the Roaming and International Features on your mobile phone, in order to avoid Roaming and/or International charges.
You may request to have those Features unblocked, either by calling Customer Service at (248) 817-1621, or electronically by e-mail at customercare@apelainc.com. 
Apela reserves the right to deny such requests in case of, but not limited to: bad credit and/or payment history with our Company, not having your written consent, previous Roaming & International disputes, etc.
Apela does not guarantee that in the event of blocking the above mentioned features, International or Roaming charges can no longer occur, and by using the Service You agree to be responsible for any such charges.  

When travelling, you may request Apela to activate a Roaming Passport including voice, data and texts. Failing to activate a Roaming Passport, you are subject to the rates available at https://www.att.com/offers/international-plans/ppu-calling-messaging-rates.html. 

 

5. Usage

Airtime and other measured usage ("chargeable time") is billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call for billing purposes. Apela charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone's signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed.
All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began.
 

Data transport or usage is calculated in full-kilobyte increments, and actual transport or usage is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes. Apela calculates a full kilobyte of data transport/usage for every fraction of the last kilobyte of data transport/usage used on each data session. Transport or usage is billed either by the kilobyte ("kb") or megabyte ("mb"). If billed by mb, the full kbs calculated for each data session during the billing period are totaled and rounded up to next full mb increment to determine billing. If billed by kb, the full kbs calculated for each data session during the billing period are totaled to determine billing. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase measured kilobytes. Data transport/usage occurs whenever your device is connected to our network and is engaged in any data transmission. 
 

Delayed Billing: Billing of usage for calls, messages, data or other Services (such as usage when roaming on other carriers' networks, including internationally) may occasionally be delayed. Such usage charges may appear in a later billing cycle, will be deducted from your monthly minutes or other Services allotments for the month when the usage is actually billed, and may result in additional charges for that month. Those minutes will be applied against your plan in the month in which the calls appear on your bill. 

 

Excessive Usage: In cases of excessive network usage, Apela, in its sole discretion, may temporarily suspend data and/or voice traffic for the remaining cycle. In such cases, Apela will notify you through all communication channels available. Apela considers excessive usage a phone line that used over 3000 voice units or more than 100 GB in less than 30 days, or a combination of both. 

If enrolled in one of Apela’s grandfathered plans, Apela may, in its sole discretion suspend data traffic after using more than the allotted data for the remaining billing cycle.

 

6. Your Device

 

A compatible Device is considered either a 5G or 4G LTE capable device, with VOLTE (Voice-over-LTE) capabilities. Other phones previously activated may continue to work even if the VOLTE function is not present on those devices until early February 2022. 

Your Device must be compatible with, and not interfere with, our Services and must comply with all applicable laws, rules, and regulations. We may periodically program your Device remotely with system settings for the roaming service, carrier updates and other features that cannot be changedor added manually. 

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7. Coverage & Wi-Fi Calling
 

Apela does not guarantee availability of wireless network. Services may be subject to certain Device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
When outside Apela’s coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between Apela’s network technologies. See coverage at https://www.apelainc.com/coverage. 
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

The Wi-Fi Calling service is available at no additional charge to wireless customers with select Wi-Fi capable devices and a qualified data rate plan. Other restrictions may apply.
 

Important Information about Wi-Fi Calling:

• TTY Devices are not compatible with Wi-Fi Calling.

• Wi-Fi Calling lets you make calls and send text messages over Wi-Fi when cellular coverage is limited or unavailable. Your device must be set to AT&T HD voice and have Internet access. Loss of your Internet connection during voice Wi-Fi Calling will disconnect your call, including 911 calls. In the U.S. or internationally, you can use Wi-Fi Calling to call numbers in the U.S. at no additional charge (excluding 411 calls and other premium numbers). International long distance rates/plans apply when calling international numbers from within the U.S. International roaming rates apply when calling international numbers while traveling outside the U.S. Certain countries restrict Wi-Fi calling. No Wi-Fi Calling to 211, 311, 511, and 811. See att.com/wificalling for more info.

• 911 Call Routing. 911 calls using Wi-Fi Calling will first attempt to route to the appropriate emergency response center using automatic location information from your device. If such information is unavailable, the Emergency Address (No P.O. Boxes) entered in your Wi-Fi Calling settings will be used for routing. To set up Wi-Fi Calling you will need to enter a US address. You can change your Emergency Address at any time by selecting "Update Emergency Address" in your Wi-Fi Calling menu. To ensure proper routing of 911 calls update your Emergency Address as needed. 911 service may be delayed or unavailable if automatic location information is unavailable or if using Wi-Fi Calling from a location different from the Emergency Address you entered.

• You acknowledge that you received and understand the foregoing information about 911 calls using Wi-Fi Calling, and you further agree that if you dial 911 on a device using Wi-Fi Calling, AT&T may treat the automatic location information transmitted by your device as your temporarily updated Wi-Fi Calling Emergency Address.

 

 

8. Termination and/or Porting Out
 

You may terminate the Service at any given time, however, as previously mentioned in section 2 (two) of the Agreement - Apela does not proratesuch charges if Service is terminated before the last day of your billing cycle.

When porting Your mobile number to a different provider, you acknowledge that Termination of the Service must be done by calling Customer Service at (248) 817-1621. In case of porting out without calling to terminate the Service, Apela reserves the right to continue billing any recurring charges for the Service until termination is requested by You. Termination can only be initiated by the account holder telephonically by calling (248) 817-1621, or by Apela as mentioned in section 1.3 of this Agreement. Another person authorized by You may request cancellation, however your confirmation is required in order to proceed with your request.

 

 

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