Terms & Conditions

¹ Promotion requires new service line or ported number and activation of one (1) h2o® Wireless $20 or $40 Monthly Unlimited Plan between October 1, 2018 to August 31, 2019 or one (1) h2o® Wireless $30 Monthly Unlimited Plan between December 1, 2018 to August 31, 2019 to be eligible to receive 500 MB, 1 GB, or 3 GB FREE 4G LTE data (Bonus Data) for first month and two (2) subsequent recharges. Subsequent second and third recharges must be made by December 31, 2019 in order to receive Bonus Data for second and third recharges. After initial recharge, and two (2) subsequent recharges, the data allotments are reverted back to the following: 500 MB for $20 Monthly Unlimited Plan, 3 GB for $30 Monthly Unlimited Plan, and 7 GB for $40 Monthly Unlimited Plan for subsequent plan cycles.

² Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p).

³ Unlimited International Talk: Unlimited landline calls to 50+ countries; select countries also include unlimited calls to cell phones. Each monthly plan account can dial up to 10 unique international telephone numbers each month which reset upon the 1st of each month, regardless of plan expiration. Calls to countries other than the U.S. will be terminated at 60 minutes, but you may re-initiate the call thereafter. Does not apply to calls to off network/ special locations.

⁴ International Talk Credit: Unused international talk credit can’t be replenished if used prior to end of plan cycle and won’t roll over to the next plan cycle. Int’l talk credit can’t be replenished if used prior to end of plan cycle and unused credit won’t roll over to the next plan cycle. Int’l talk rates apply.

⁵ All international calling is provided by EBB Connect, Inc. (“EBB”). EBB is the carrier of record for international calling made by end-users. EBB is responsible for origination, transport, and termination of calls through its network providers. EBB shall either directly or through billing agreements, invoice its end-users for usage, or if the product has unlimited usage, for the set amount designated for such unlimited use product. For service issues, EBB Connect may be contacted at support@ebbconnect.com.

Unlimited Mobile to Mobile and Landline Calling to Pakistan: Limited time offer, exclusively on the $60 monthly unlimited plan. Calls to Pakistan mobile and landline numbers will be terminated at 60 minutes, but you may re-initiate the call thereafter.

Limited time offer; plan and SIM purchase must be made at www.h2owirelessnow.com. Capable device required for 4G LTE speeds. Speeds limited by device/location. Unused accumulated data, including Bonus Data, is forfeited if you switch between plans, terminate or fail to renew your plan before expiration. You must use a single new service line or ported number during first month and any subsequent recharges to receive Bonus Data, as specified in Footnote 1; any changes to your mobile directory number will cause the forfeiture of any additional unclaimed and/or unused Bonus Data. “Unlimited” does not mean unreasonable commercial/monitoring/abusive use; see full terms on our website for all prohibited uses. Monthly plans expire 30 days after loaded to account. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available unless otherwise specified. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, & roaming not available. Unused Data/Bonus Data/Refills/promotions are not redeemable for cash, have no cash value & are not transferable or refundable. Taxes/fees charged where applicable. Plans/rates/fees/promotions subject to change without notice. Coverage & service not available in all areas. h2o®Wireless service is powered by Locus Telecommunications, LLC. © 2019. All rights reserved. Full Terms and Conditions applicable and available here.

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

¹ Prices shown above based on current Pay As You Go plan prices, minus the promotional Auto Recharge discount. You must be enrolled in Auto Recharge to receive the shown prices. Terms and conditions apply.

h2o® Wireless (“h2o”) service is for personal use in the U.S. only. Calls rounded up to the nearest whole minute. Airtime charges incurred on inbound/outbound calls and voicemail deposits/retrievals. You will be charged for all messages sent (per recipient) by you or to you, regardless of receipt. Data usage applies for sending/receiving MMS. Data usage rounded up to the nearest KB each use. Data speeds limited by device capability/location. International calls charged at the applicable international rate plus airtime. Unused balance rolls over if enrolled in h2o® Wireless Pay As You Go plan and you recharge the same amount as initial balance before the expiration of the h2o® Wireless Pay As You Go Plan; unused balance expires after 90 days for $10, $20, and $30 h2o® Wireless Pay As You Go plans, and 365 days for $100 h2o® Wireless Pay As You Go plan, if not recharged before expiration. By purchasing h2o® Wireless products, you agree to all of the h2o® Wireless Terms & Conditions. Refills have no cash redemption value and are nonrefundable even upon account cancellation. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days. Taxes/fees charged where applicable. Plans/rates/fees subject to change without notice. Service not available in all areas. For full terms and conditions, please click here.

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

² International Features include unlimited int’l talk, international talk credit and unlimited international texting. Unlimited landline calls to 50+ Countries; select countries also include unlimited calls to cell phones. For more details, please click here.

³ Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p).

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

1. General. “H2O,” “we,” “us,” or “our” refers to Locus Telecommunications, LLC d/b/a H2O Wireless and H2O BOLT. “You,” “your,” “customer,” “subscriber,” and “user” refers to an account holder or authorized user of our Services or Devices. “Services” means voice telephony, text messaging, broadband Internet access services, applications, and any other services provided to you by H2O. “Device” means any phone, device, accessory, or other product provided or sold to you by H2O or that is activated or used with your Services. These Terms and Conditions are an agreement between H2O and you under which we provide and you accept our Services and/or Devices (“Agreement”). YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICES, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING THE SERVICES, OR (E) ACCEPT THE SERVICES OR AGREEMENT THROUGH ANY WRITTEN, ORAL, OR ELECTRONIC STATEMENT OR SIGNATURE. You must be 18 years or older to use H2O Services.
2. Charges in General. You agree to have your account debited for all charges resulting from usage of the Services provided under this Agreement, even if you were not the user of and/or did not authorize the use. Charges may include, without limitation: Pay-As-You-Go refill card purchases, recurring charges for prepaid monthly Service Plans; charges based on actual usage of voice call minutes, text messages, and data; activation, administrative, returned payment and late payment charges; network and other surcharges; optional feature charges; toll, collect call, and directory assistance charges; any other charges or calls charged to your phone number; and all applicable taxes, surcharges, and governmental fees, whether assessed directly upon you or upon H2O. Your Service Plan describes the charges for your Services and your allotment of voice call minutes, text messages, data, rates, coverage, and other terms. Making a payment over the phone with an H2O customer service representative may incur a $3 assistance fee in addition to the airtime amount. You can avoid this fee by paying online or through our automated voice system.
3. Taxes, Fees and Surcharges. You are responsible for and agree to pay all taxes, fees, and surcharges associated with your Service and any other purchases you make, including devices and additional services (“Taxes, Fees and Surcharges”). Taxes, Fees and Surcharges are calculated based on the zip code associated with your H2O account (or the zip code of our headquarters, if you do not provide an accurate zip code) and may be up to 48% of your total bill. Such Taxes, Fees and Surcharges will be included in your Service account charges (a) at the time you order the Service and (b) each time there are any new charges to your account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service, device or additional services and will be billed to your credit card. Our Taxes, Fees and Surcharges include those imposed by local, state and federal entities, as well as our own Recovery Fee. The Recovery Fee is assessed to help recover our costs to comply with local, state and federal regulations along with local, state and federal taxes and fees that we do not recover from you separately, including but not limited to (a) state and federal Telecommunications Relay Service Programs, (b) governmental franchise, excise, public utility and other telecommunications taxes, fees and charges, and (iv) other costs we incur to comply with government regulations and fund certain programs. The Recovery Fee is calculated as a flat, per-plan fee (set forth in the table below), plus an additional 2.5% of the plan cost to recover administrative costs. Customers enrolled in autopay will receive a discount as reflected in the table below:

   			Monthly Flat Fee Reg & Auto Pay	Monthly % Fee Reg Price	Monthly % Fee Auto Pay	Total Recovery Fee Reg Price	Total Recovery Fee Auto Pay
   H2O Plans	Reg Price	Auto pay	$0.50/mo	2.50%	2.50%	Flat Fee + % Fee	Flat Fee + % Fee
   Monthly	$20	$18	$0.50	$0.50	$0.45	$1.00	$0.95
   Monthly	$30	$27	$0.50	$0.75	$0.68	$1.25	$1.18
   Monthly	$40	$36	$0.50	$1.00	$0.90	$1.50	$1.40
   Monthly	$50	$45	$0.50	$1.25	$1.13	$1.75	$1.63
   Monthly	$60	$54	$0.50	$1.50	$1.35	$2.00	$1.85
   Paygo	$15	$13.50	$1.00	$0.38	$0.34	$1.38	$1.34
   Paygo	$30	$27	$1.50	$0.75	$0.68	$2.25	$2.18
   Paygo	$100	$90	$6.00	$2.50	$2.25	$8.50	$8.25
   Annual	$60	$60	$6.00	$1.50	$1.50	$7.50	$7.50
   Annual	$100	$100	$6.00	$2.50	$2.50	$8.50	$8.50
   Annual	$150	$150	$6.00	$3.75	$3.75	$9.75	$9.75
   Annual	$300	$300	$6.00	$7.50	$7.50	$13.50	$13.50
   Tablet	$10	$9	$0.50	$0.25	$0.23	$0.75	$0.73
   Tablet	$20	$18	$0.50	$0.50	$0.45	$1.00	$0.95
   Tablet	$30	$27	$0.50	$0.75	$0.68	$1.25	$1.18

4. Voice Charges. You agree to pay for all calls to and from your Devices. Calls are measured in whole minutes of use (“MOUs”) and rounded up to the next full-minute increment at the end of each call for billing purposes. MOUs start being measured for outgoing calls the moment you initiate a call and for incoming calls the moment the signal connection from the caller is established with our facilities. MOUs end after you or the other party terminates the call, but not until the signal of the call disconnect is received and confirmed by our facilities. All outgoing calls for which we receive a signal that the call was answered, or which have at least thirty (30) seconds of use shall incur a minimum charge for one MOU. We generally receive a signal that a call is answered when you accept the call, but a signal may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. MOUs 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. MOUs may also occur from other uses of our facilities, including, but not limited to, voicemail deposits and retrievals, and call transfers. Directory assistance, no answer/busy transfer, caller ID, and caller ID block are not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features are included; voice rates apply where applicable.
5. Text and Messaging Charges. You agree to pay for all SMS text and MMS messages to and from your Devices. All messages are charged per recipient when sent or when received, regardless of whether they are read or unsolicited. When a single SMS message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. When a single SMS messages is delivered to your Device in multiple parts, you will be charged for each part of the message received. SMS text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your Device. Premium SMS is not available with any plan. Data usage applies for sending and receiving MMS messages. H2O reserves the right to limit picture and video message size at any time. Picture and video messaging consume data and are only available on Devices programmed for data usage.  Only the following iPhone Devices can currently be used on the network for picture messaging, Group Messaging, FaceTime, MMS, Visual Voicemail, and HotSpot (H2O Wireless $60 Monthly Unlimited plan only): iPhone 12 Pro Max, iPhone 12 mini, iPhone 12 Pro, iPhone 12, iPhone 11 Pro, iPhone 11, iPhone XR, iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone SE, iPhone 6s Plus, iPhone 6s, iPhone 6 Plus, iPhone 6, iPhone 5S - A1532, iPhone 5C - A1428, iPhone 5 - A1533, and iPhone 5 GSM. Only the following iPhone Devices can currently be used on the network for VoLTE and Wi-Fi Calling: iPhone 12 Pro Max, iPhone 12 mini, iPhone 12 Pro, iPhone 12, iPhone 11 Pro, iPhone 11, iPhone XR, iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone SE, iPhone 6s Plus, and iPhone 6s. All other iPhone Devices cannot be used on the network for picture messaging, Group Messaging, FaceTime, MMS, Visual Voicemail, VoLTE, Wi-Fi Calling, and HotSpot (H2O Wireless $60 Monthly Unlimited plan only).
6. Data Usage Charges. You agree to pay for all data usage from all data transmissions to and from your Devices, regardless of who initiates the transmissions. Data usage occurs whenever your device is connected to our network and is engaged in any data transmission, including, but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Data may also be used (i) to access, transport, and route data on our network, (ii) from partial or interrupted downloads and resend requests caused by network errors, and (iii) data associated with unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device regularly and passively send and receive data transmissions to function properly, without you affirmatively initiating transmissions and without your knowledge. You will be billed for all data transport and usage when your device is connected to our network, including all active and passive usage, whether successful or not. Many Devices transmit and receive data without user intervention, when powered “on” outside the United States, Puerto Rico, and U.S. Virgin Islands, causing unexpected data usage. H2O may send “alerts” via SMS or email, to notify you of such data usage. These are courtesy alerts; there is no guarantee we will send them or that you will receive them. A data session initiated on our network will continue its connection over our network until the data transmission is concluded, even when you connect to a Wi-Fi network during the transmission. Based on a number of factors (e.g., the specific application, network performance, etc.) data usage will vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. Memory limitations on your Device may prevent some data or content from being stored. H2O is not responsible for the failure to store data or content nor the deletion of such data or content. For data capable Devices not provided by H2O, manual or auto configuration is needed for MMS and/or data settings. Data allotment for monthly plans are consumed before feature cards. For pay-as-you-go plans, if the data usage balance reaches a certain threshold and there are applications or programs running on your phone that use data, the remainder of the plan balance will be reserved for such data use, and you will be unable to make or receive phone calls (except calls to 911) or send text messages, unless data is turned off to release the remaining balance for other uses. Data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes.
7. International Services. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off-network/special locations and in some instances may be higher. International voice credit does not roll over upon monthly plan expiration; credit cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus MOUs, except calls to select international destinations are billed only for MOUs and do not include an international rate charge. Restrictions on certain countries may apply. For international calling without the use of international voice credit, each monthly plan account can dial up to fifteen (15) unique international telephone numbers each month (visit www.h2owireless.com for the complete destination list) which resets upon the 1st of each month, regardless of plan expiration; calls to countries other than the U.S. will be terminated at sixty (60) minutes but may be re-initiated thereafter. Effective January 1, 2021 all international calling is provided by Locus Telecommunications, LLC. Locus is the carrier of record for international calling and is responsible for origination, transport, and termination of calls through its network providers. Locus shall either directly or through billing agreements, invoice its end-users for usage, or if the product has unlimited usage, for the set amount designated for such unlimited use product. For service issues, Locus may be contacted at customercare@h2owireless.com. As of June 1, 2019, Pay-As-You-Go plans no longer offer international calling for new customers.
8. Pay-As-You-Go Plans.  H2O Wireless Pay-As-You-Go Plans and H2O BOLT plans expire in accordance with the expiration date provided with your purchased refill card. H2O refill cards can only be used with H2O Devices. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. If you refill your Pay-As-You-Go Plan before expiration, remaining balances will stack. If your account balance falls to zero while you are on a call, the call will be disconnected. Your account and phone number will be canceled if the balance remains at $0 for thirty (30) consecutive days. If your account becomes inactive, we may deactivate your account and you may lose your phone number. If your account is inactive, you will not be able to utilize your wireless device for any purpose. If you wish to use Services after your account has been deactivated, call Customer Service for reactivation. A reactivation charge may apply and we cannot ensure and do not guarantee that the same phone number will be available. Account balances are not refundable, transferable, or redeemable for cash or credit. Pay-As-You-Go Plan data service is delivered at up to 4G LTE speeds.
9. Prepaid Monthly Plans.  H2O Prepaid Monthly Plans are active at the time of your purchase of a prepaid Device or upon the first call. Credits to your Prepaid Monthly Plan account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased recharge card. Account balances and credits are not refundable, transferable, or redeemable for cash or credit. If you cancel Service before your monthly service period ends, you will not be entitled to any refund or credit for the unused portion of your account balance. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. Any unused allotment of Services from one monthly period will not carry over to the next monthly period. Prepaid Monthly Plans are active for a period of thirty (30) days at the applicable charge and will expire at 11:59 p.m. C.S.T. on the 30th day. When you first activate a Prepaid Monthly Plan, the day the plan is activated counts as the first full day and counts towards the first thirty (30) days, regardless of the time of day the account becomes activated. Accordingly, your first month of activation may be less than a full thirty (30) days, depending on the time the Prepaid Monthly Plan is activated. If you do not maintain a positive account balance on your H2O account, H2O may deactivate your account. Prepaid Monthly Plan data service is delivered at up to 4G LTE or 5G speeds, depending on your service plan, for your monthly data allotment, then speeds are reduced to up to 256 kbps for the remainder of the plan cycle. For unlimited data plans, we may reduce your speed to 256 kbps speed after you have reached a specified data use threshold. A 5G-capable Device and is required to receive 5G speeds. 5G is not available in all areas, and actual 5G availability, coverage, and speed may vary. Depending on the Monthly Prepaid Plan you choose, terms and conditions may vary. For plan details, consult the applicable plan or feature card terms or visit www.h2owireless.com or www.h2obolt.com.
10. Stacking for Prepaid Monthly Plans. Effective as of October 1, 2019, Prepaid Monthly Plan Subscribers may purchase up to twelve (12) months of recharges, which will be stacked onto an active Prepaid Monthly Plan. Stacking is only available for Prepaid Monthly Plans and only for customers who are not enrolled in monthly AutoPay. You can only stack up to twelve (12) months of recharges onto a Prepaid Monthly Plan at any given time. If any recharges are stacked onto your Prepaid Monthly Plan, you will be unable to change your Prepaid Monthly Plan without forfeiting the stacked recharges. All stacked recharges are valid for thirty (30) days. Recharges will become effective at the end of the thirty (30) day cycle that is active at the time of the purchase of the recharges; the purchase of recharges will not reset the thirty (30) day cycle that is in effect at the time of the purchase of the recharges. All recharge sales are final and no refunds will be given for any purchased recharges, including any recharges that are forfeited if you cancel or change your Prepaid Monthly Plan. Any recharges made by PIN will queue ahead of existing stacked recharges. PIN recharges may only be stacked for a maximum of sixty (60) days. Any attempted PIN recharges exceeding sixty (60) days will be rejected. Recharges will not be subject to any promotions or discounts.
11. Data Top-Ups for Prepaid Monthly Plans. You may purchase Data Top-Ups to be used in conjunction with any Prepaid Monthly Plan during a plan cycle to Top-Up 4G LTE and 5G data. Data Top-Ups will be applied after you use all the 4G LTE or 5G data allotted under your Prepaid Monthly Plan. If you do not purchase a Data Top-Up after you have used all the 4G LTE or 5G data allotted under your Prepaid Monthly Plan in a plan cycle, your data speeds will be reduced to up to 2G speeds for the remainder of the plan cycle. If you use all your topped-up 4G LTE or 5G data, you may purchase additional Data Top-Ups. Upon the start of a new plan cycle, your unused Data Top Up data will roll over and remain available for any plan cycles of the same continual Prepaid Monthly Plan service in place when the Data Top Up data was purchased. If you change or terminate your Prepaid Monthly Plan, you will forfeit any unused Data Top Up data. You will not receive a refund for any Data Top Up data that is not used upon change or termination of your Prepaid Monthly Plan.
12. Dishonored Financial Instruments and Late Payment Fees. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less. We may also charge you fees when your payment are not made on or before your scheduled payment date.
13. Devices. You may purchase a Device from H2O to use with our Services or use your own Device with our Services. Devices must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules, and regulations. Devices may not be enabled for all Services and some Services may not work on some Devices. Devices designed only for accessing data services are not permitted with H2O Services. At times we may remotely change your Device’s software, applications or programming, without notice, to address security, safety, or other issues that impact our network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, how you have programmed your Device, or how you use your Device. While your Device is receiving a software update, whether by our action or yours, you may be unable to use it in any manner until the software update is complete, including to contact 911 or other emergency services. H2O Devices purchased on www.h2owireless.com or www.h2obolt.com are eligible for H2O’s 14-day return policy. H2O Devices purchased in a retail location are subject to the return policy of the place of purchase.
14. Loss, Theft, Damage, or Destruction of Devices. Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. When you contact us to report your Device as lost or stolen, you can request that we suspend your Services without a charge. You may be responsible for all charges incurred as a result of any use of your Device until you report the loss or theft and request that we suspend your Services. We will not credit or refund any account balance as a result of loss or theft of your Device. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges, and any other obligations that you are responsible for under any other agreements that are in effect between us and you, including, but not limited to, any Conditional Sales Agreement(s).
15. Authorized Use of Our Services and Devices. H2O Services and Devices are provided only for personal, non-commercial uses within the United States. Prohibited uses include, but are not limited to: (a) reselling or leasing our Services; (b) using the Services or Devices to engage in unlawful activity, including, but not limited to, fraud, impersonation and infringement on our or any other person or entity’s intellectual property rights; (c) using the Services or Devices to engage in conduct that adversely affects our customers, employees, business, or any other person; (d) using the Services or Devices to engage conduct that interferes with our Services, operations, network, reputation, or ability to provide quality Service, including, but not limited to, the generation or dissemination of viruses, malware, worms, Trojan Horses, time bombs, auto-responders, cancelbots, corrupted files, or “denial of service” attacks; (e) tampering, modifying, or reprogramming your Device; (f) using the Services or Devices to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files; (g) sending abusive or unsolicited communications, or any other mass or automated voice, text, or data communication for commercial or marketing purposes (e.g., spamming and telemarketing); (h) using the Services in connection with server devices or to operate a hosting service; (i) using applications that automatically consume unreasonable amounts of available network capacity, are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; (j) installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal, unless authorized by H2O; or (k) assisting or facilitating anyone else in any of the above activities. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
16. Unlimited Service Abuse. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Authorized Use policy sets forth in this Agreement applies to all H2O plans, including plans with unlimited talk, text, and data. If H2O finds that you are using unlimited Services for anything other than personal, non-commercial use or in any other way that violates the Authorized Use policy, H2O may, at its option, terminate your Services or change your plan to one with no unlimited Services. H2O may provide notice that it intends to take any of these actions, and may terminate the Agreement. Unlimited text plans only include SMS-based text messages within the United States.
17. Account Access. You authorize us to provide information about and to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. If you authorize another person to access your account or provide another person with your account validation information, that person may be able to make changes to your account. Those changes will be binding on you and H2O takes no responsibility for those changes. If you create an online account, you should ensure your account password is unique and complex to protect the security of your account.
18. Purchases and Authority to Use. Your Device may be used to purchase content, applications, and other goods and services, including applications, games, graphics, ring tones or news alerts (including subscription plans) from H2O or from third parties, including within applications (“In-App Purchases”) (collectively, “Content and Applications”). Content and Applications may be purchased directly with any Device containing a Subscriber Identity Module (SIM) card assigned to your account or online. You are responsible for all charges resulting from the purchase of Content and Applications, including data usage charges incurred while purchasing, downloading, and using the Content and Applications. When you give Devices assigned to your account to other users, you give those users your authority 1) to order Content and Applications from the Device, including subscription services, and to incur charges for those Content and Applications, and 2) to give any consent required for those Content and Applications, including the consent to use the user’s location information to deliver customized information to the user’s Device, or to make any representation required for those Content and Applications, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. H2O is not responsible for third-party Content and Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Applications. For assistance with third-party Content and Applications, contact the third-party sellers directly. When you download or install third-party Content and Applications, you are subject to the terms and conditions and privacy policies of that Content and those Applications.
19. Location-Based Services and Related Emergency Service Information. Your Device may be location enabled, allowing your location to be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology. Your location may be unavailable if your Device is unable to acquire satellite signals and network coverage. Your location information may be used to assist emergency services in finding you; however, always state the nature of your emergency and provide both your location and phone number when you make a 911 call, as, depending on a number of factors, the operator may not automatically receive this information from your Device or the information the operator receives may be inaccurate. H2O is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided to emergency services. We cannot assure you that if you place a 911 call you will be found. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. Your location information may also be accessed and used by third-party Content and Applications (“Location-Based Services”). Please review the terms and conditions and privacy policies for each Location-Based Service to learn how your location information will be used and protected. We may also use your location information for the purposes described in our Privacy Policy, available at www.h2owireless.com/policy. It is your responsibility to notify users on your account that the Device they are using may be location enabled. The use of certain Location-Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. 
20. Coverage. Coverage maps can be viewed at H2O Wireless Nationwide Coverage . Coverage maps show coverage on the network as well as coverage we make available to you through agreements with other carriers (“off network” or “roaming”). Coverage is not available everywhere. There are gaps in coverage within the areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Coverage may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather). You will not have access to our network outside of our coverage areas. We do not guarantee the availability of the wireless network and/or coverage.
21. Roaming. Roaming occurs when a subscriber of one wireless service provider uses the network of another wireless provider based on agreements between the two providers. Roaming agreements may change from time to time, and roaming coverage is subject to change. Roaming most often occurs when you make and receive calls outside of the coverage area of our underlying carrier, but it may also occur within our underlying carrier’s coverage area. Your ability to receive roaming coverage may depend on the capabilities of your Device. Your Device will generally indicate when you are roaming. While roaming, you will typically be able to use all the Services under your Service Plan, but certain Services and features may not be available or function the same way in all roaming areas, and limits on the amount of talk, text, and data allotments available for roaming may apply. Domestic and international roaming may only be available under certain Service Plans.
22. Service Limitations. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation; we will reactivate the service upon your request. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider of our choosing and may be subject to the service limitations of that provider. We do not guarantee the availability, quality, or data speeds of any services when on the network of our underlying carrier or when roaming on another carrier’s network.
23. Limitation of Liabilities. To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER H2O NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by H2O; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a H2O storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Unless applicable law precludes parties from contracting to so limit liability, H2O shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Services or Devices provided by or through H2O, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.
24. Indemnification. To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless H2O and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other person’s use of the Services or Devices provided by H2O; your acts or omissions, including your breach of this Agreement; other H2O policies; any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, and claims arising in whole or in part from the alleged negligence of H2O. This obligation shall survive termination of your service with H2O.
25. Consent to Customer Communications. You expressly consent to be contacted by H2O or our authorized agents or representatives at any telephone number, physical address, or electronic address where you may be reached, including any wireless telephone number, for any and all purposes, including to inform you about our Services, customer service-related information, or other matters we believe may be of interest to you. You agree that H2O may contact you by any reasonable means, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, postal mail, e-mail message delivered by an automatic e-mailing system, or facsimile. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Your consent to be contacted may be revoked only if it is in writing and is with our express agreement. You must notify us of any address changes.
26. Porting Phone Number. You do not have any legal right to your phone number. Notwithstanding that, you may transfer (“port”) your phone number to or from H2O. You must have an active H2O account to port your phone number to or from H2O. Your account must be active for a minimum of five (5) days before requests to port your number from H2O to another service provider are fulfilled. If you request your new service provider port your number from us and we receive the request from that new service provider, we will treat it as notice from you to terminate our Services for that number upon successful completion of porting. You will not be able to transfer any unused balances on your account to your new provider. After the porting is completed, you will not be able to use our Services with that number. You will forfeit any unused recharges and LTE Data Top-Ups if you port out your phone number to another carrier; under no circumstance will we refund you for any unused recharges, LTE Data Top-Ups and/or any remaining portion of a billing cycle if you port out your number.  If you port your number to another provider, any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination. If your Services are terminated and you do not port your number to another provider, your phone number may be reassigned to another subscriber. Call Customer Service if you wish to port your phone number from another service provider to H2O. If you port your phone number to H2O, some Services may not be available immediately, such as 911 location services. Due to compatibility issues, you may be required to purchase or obtain a new Device and you may be without Service until the new Device is configured. We may charge a fee to cover any costs associated with performing a port. We do not guarantee that number transfers to or from us will be successful.
27. Termination, Suspension, Modification, and Limitation of Your Services. Either party may terminate this Agreement (which will terminate the provision of the Service) at any time on advance notice to the other party. H2O may terminate this Agreement at any time without notice if we cease to provide service in your area. To protect our network, our rights, and interests, or the rights of others, and to ensure the activities of some users do not impair the ability of H2O customers to have access to reliable services provided at reasonable costs, H2O may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Service if you: (a) breach this Agreement, including using the Services or Devices for any purposes prohibited by this Agreement; (b) breach any other H2O policies or terms and conditions, including the terms and conditions of your Service Plan; (c) make a misrepresentation to us; (d) threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or Devices; or (e) fail to make all required payments when due. If you have more than one account with us, you must keep all accounts in good standing to maintain service; if one account is past due or over its limit, all accounts in your name are subject to termination, suspension, modification, or limitation, and all other available collection remedies. We may also temporarily limit your Services for any operational or governmental reason. Limitations may include, but are not limited to, reducing the speed of data Service, reducing the size of files and multimedia messages, restricting the amount of use of any Service, limiting or disconnecting connections to particular phone numbers, countries, destinations, providers, features, and limiting the provision of certain services in certain areas, such as pursuant to roaming arrangements. Modifications may include changing your plan and features. H2O may use message filtering/blocking software to prevent spam, telemarketing calls and messages, and harmful code. Some of these actions may interrupt or prevent legitimate communications and usage. You are liable to H2O for any damages resulting from the conduct prohibited in this Agreement. Upon termination, any balances in your accounts or for your Services will not be refunded. Any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices.
28. Changes to Your Service or this Agreement. We may change, at any time, this Agreement and other terms, conditions, and policies; rates, fees, expenses, and charges; plans, features, and products; and coverage areas, roaming partners, underlying Service providers, and provisioning technology. We will provide you with at least 14 days’ notice of material changes, including changes to the percentage rate used to calculate administrative charges, (other than changes to governmental fees, proportional charges for governmental mandates, and roaming rates) by such means as H2O determines to be most practicable, including, but not limited to, any of the following: playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, posting an update on our website, or by such other means as H2O may determine. All changes become effective when posted to www.h2owireless.com and/or www.h2obolt.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. You understand and agree that State and Federal Universal Service fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE OR IF WE MATERIALLY DECREASE THE GEOGRAPHIC AREA IN WHICH YOUR SERVICES CAN BE USED (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE AT LEAST 14 DAYS IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
29. Disputes. Within 60 days of the date of any event giving rise to a dispute (as defined in Section 30.A), you must notify us of such dispute in writing at Locus Telecommunications, LLC, 500 Frank W. Burr Blvd. suite 580, Teaneck, NJ 07666 (or one of the other means set forth in Section 30.B, titled “Dispute Notice”), including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with the Federal Communications Commission (“FCC”) or your state’s Public Service Commission. You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by H2O. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.
30. Dispute Resolution by Mandatory, Bilateral and Binding Arbitration. 
    PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 
     
    Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that H2O’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if H2O 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. 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, H2O will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from H2O to at least the same extent as you would be in court.
     
    You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other appropriate federal, state, or local agency regarding the service provided and/or charges imposed by H2O. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.
    
31. RIGHT TO OBJECT TO YOUR BILL. For Puerto Rico Customers Only By disposition of Laws 213 of 1996 and Law 33 of 1985, any customer has the right to file a claim with a telecommunications company about all or part of their bill. You will have up to twenty (20) days from sending the invoice, to pay or object to the charges contained in it. First, you must object and/or request an investigation into your bill with H2O Wireless/ Locus Telecommunications, LLC by calling 1-800-643-4926 or by writing to customercare@h2owireless.com. You can also visit the customer service offices or the website at https://www.h2owireless.com If you are not satisfied with the determination of Locus Telecommunications, LLC, upon your objection, you will have a term of up to twenty (20) days to request a reconsideration of the determination. If you do not make the payment or have not objected to your invoice within the term of thirty (30) days; Locus Telecommunications, LLC may start with its internal procedure to disconnect the service for lack of payment. The objection of a charge does not relieve you of the payment of the charges not objected to. Puerto Rico Telecommunications Bureau (NET) If you do not agree with the determination or the result of the company's investigation, or if the company failed to comply with any of the terms provided by law/regulation, it may file a review before the Telecommunications Bureau within a term of up to thirty (30) days from the final determination of the company. To request a NET review, you can do so (1) by accessing our website at https://jrtpr.pr.gov/servicios/radica-una-querella/ (2) by calling 787-756-0804 or 787 -722-8606, (3) by sending an email to: querellas@jrtpr.pr.gov, (4) sending a letter to: Complaints Division, NET, 500 Ave. Roberto H. Todd, Santurce, PR 00907-3941 or (5) visiting the NET offices located at 500 Ave. Roberto H. Todd in Santurce, PR. Independent Office of Consumer Protection Agency (OIPC) OIPC educates, guides, assists and represents the consumers of the telecommunication services in Puerto Rico. If you have any situation with telecommunications provider, you can contact the OIPC at 787-523-6292, or by writing to the Independent Office of Consumer Protection, 500 Ave. Roberto H. Todd, San Juan, PR 00907-3941, by email at info@oipc.pr.gov or by visiting our offices located at 268 Ave. Munoz Rivera, Suite 702, Edif. World Plaza, San Juan, PR 00918-1925, from Tuesday to Friday from 7:30 a.m. to 4:00 p.m.
32. International Roaming International Roaming is only available in countries designated by H2O Wireless and requires an active H2O Wireless Monthly Unlimited or 12-Month plan with an International Roaming balance. International Roaming service is rated per MIN/SMS/MMS/Data(MB), rates will vary based on roaming country. Eligible countries, services and rates are subject to change without notice and at the discretion of H2O Wireless. H2O Monthly Unlimited plans may include International Roaming credit which can be used for International Roaming services at no additional charge. The amount of International Roaming Credit included with your H2O Wireless Monthly Unlimited plan is determined by H2O Wireless and is subject change at our discretion. Any unused roaming balance at the end of a monthly plan cycle will not be rolled over to the next monthly plan cycle. Unused roaming balances are also forfeited if you switch between plans, terminate your service, or fail to renew your plan before it expires. H2O Wireless holds no obligation to provide refunds or reimbursement for International Talk Credit included on your plan. See website for details regarding eligible countries, included credit amounts and International Roaming rates. International Roaming Top-Up International Roaming Top-Up may be added at any time to any H2O Monthly Unlimited or 12-Month plan. If applicable, any International Roaming credit balance will be used prior to your International Roaming Top-Up balance being used. Any International Roaming Top-Up balance unused at the end of a monthly plan cycle will not be rolled over to the next monthly plan cycle. Unused International Roaming Top-Up balances are also forfeited if you switch between plans, terminate your service, or fail to renew your plan before it expires.

1. Mandatory, Bilateral, and Binding Arbitration. You and H2O agree that any dispute, claim, or controversy arising out of or relating in any way to your use of H2O Services, or to any products or services sold or distributed by H2O or through H2O websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or H2O’s right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision above, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.  
   Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
    
   The term “dispute” shall include any dispute, claim, or controversy between you and H2O regarding or relating to any aspect of your relationship with H2O, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “dispute” also includes, but is not limited to, any and all claims between you and H2O in any way related to or concerning this Agreement, H2O’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from H2O and/or a party acting on H2O’s behalf. The term “dispute” is to be given the broadest possible meaning that will be enforced.
    
2. Dispute Notice: Before initiating an arbitration, you and H2O each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Locus Telecommunications, LLC, Attn: Legal Department, 500 Frank W. Burr Blvd. suite 580, Teaneck, NJ 07666 (the “Notice Address”), (2) emailed at legal@locus.net, (3) submitted by visiting www.h2owireless.com or www.h2obolt.com, or (4) brought to the attention to H2O Customer Service at 1-800-643-4926. H2O will provide a Notice of Dispute to you via the mailing address or email address associated with your H2O account. You and H2O agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or H2O may commence an arbitration proceeding.
3. Arbitration Process and Procedure.
   1. All disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party, in such case in-person hearings shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
   2. Disputes may also be referred to another arbitration organization if you and H2O agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1, et seq.
   3. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
   4. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.
   5. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and H2O each agree that all issues regarding the dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
   6. To commence an arbitration, a Demand for Arbitration is required to be executed and served on H2O. Service of the Demand for Arbitration on H2O can be mailed to Locus Telecommunications, LLC, 500 Frank W. Burr Blvd. suite 580, Teaneck, NJ 07666 pursuant to the instructions provided by JAMS to submit a dispute for arbitration. Service of the Demand for Arbitration on you will be sent to you via the mailing address or email address associated with your H2O account. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. H2O will bear the cost of your initial filing fee.
4. Class Action Waiver. YOU AND COMPANY AGREE THAT NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and H2O expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
5. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both H2O and you pursuant to JAMS Rule 12.
6. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
7. Fees. In the event you commence arbitration, after H2O receives notice that you have initiated arbitration, H2O will promptly reimburse you for your payment of the filing fee and H2O will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
8. Severability. If any part of this Arbitration Agreement is held to be unenforceable by a court or agency of competent jurisdiction, that part may be severed and the remaining provisions will remain in full force and effect.
9. Miscellaneous. This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a H2O website, and any documents expressly referred to herein or therein make up the complete agreement between you and H2O, and supersede any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent. Section headings are for descriptive, non-interpretive purposes only. This Agreement is not for the benefit of any third party except H2O’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. You may not transfer or assign this Agreement or any of your rights or duties under it without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, H2O shall be released from all liability with respect to this Agreement. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. Any notice to you or authorized users are treated as delivered to you when left with you, on your wireless device, or on your answering/voicemail service, when sent to any email or fax number you provided us, three (3) days after mailing the notice to the most current address we have on file for you, or upon posting on our website. In the event of a dispute between us, federal law and the laws of the State of New Jersey, whether in litigation or arbitration and without regard to choice of law principles or conflicts of laws rules, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We may deny a request for Service from you for any lawful reason. If any part of this Agreement, including any part of its arbitration provisions, is held unlawful, void, or for any reason unenforceable, that part may be severed from this Agreement and the remaining provisions of the Agreement shall remain in full force and effect. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instances. If you have any questions regarding your Service or information in this Agreement, contact Customer Service at www.h2owireless.com or www.h2obolt.com, by calling 1-800-643-4926, or by writing us at Locus Telecommunications, LLC, 500 Frank W. Burr Blvd. suite 580, Teaneck, NJ 07666.

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

1.    Return Requirements

•          Device
•          SIM Card
•          Hard Card (non-redeemed)
•          All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

2.    How to Return or Exchange Your Device

1.       The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. .      For free return shipping, please contact Customer Service at 1-800-643-4962 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

3.    Refunds

4.    Restrictions & Fees 

1.       If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2.       Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3.       If a SIM Card or accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.
4.       If a Hard Card is missing/scratched/used, the Hard Card will not be eligible for a refund.

5.    Other

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

• Google Android: www.google.com/accessibility/products
• Apple iOS: www.apple.com/accessibility

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions

Effective May 2023

All devices purchased through www.h2owireless.com may be returned or exchanged within 14 days after the delivery of your purchase. H2O Wireless will not accept returns/exchanges for items not purchased directly from H2O Wireless including purchases from authorized H2O Wireless dealers or retailers. SIM cards are not eligible for returns. Additionally, customers may cancel service within 14 days of activation; but no refunds will be provided. H2O Wireless does not charge an early termination fee. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new conditions (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card (non-activated)
• All accessories including but not limited to charger, battery, and battery cover. For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to H2O Wireless. Mail all original package and contents and the completed Return & Exchange Form to the following address:
 
H2O Wireless
Returns Department
11100 Alcovy Road
Covington, GA 30014

1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. H2O Wireless will reject packages that arrive with “postage due.” H2O Wireless is not responsible for lost or mishandled packages.
2. For free return shipping, please contact Customer Service at 1-800-643-4926 or e-mail orders@h2owirelessnow.com to request a Return Label. Once a Return Label has been provided, please ship the items, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.

1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
2. Prior to returning your device, all personal data should be erased and all security features should be disabled or removed. Activation locks must be disabled (ie: Find My iPhone and Android's Find My Device). If you attempt to return a device with the locks in place your return will not be accepted. Please refer to your device manual for instructions.
3. If an accessory is missing, you will be charged a restocking fee of fifteen (15)% of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.

(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty. Terms of this Return Policy are subject to change. H2O General Terms and Conditions