Ladybug Wireless Terms of Service

Effective as of September 1, 2019

Welcome to Ladybug Wireless.  Please read these Terms of Service carefully as they are a legal contract between you, the Customer, and Ladybug Wireless.   When you purchase or activate any of our services, you are agreeing to these Terms of Service.   

To accept, you're must be of legal age (which means you are legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract. If you represent an organization, you must be authorized to bind that organization, as the Customer, to these Terms of Service.  These terms are subject to change, so please refer to them regularly to make sure you're in compliance.

Why do we need this Terms of Service?

The Terms of Service agreement outlines the responsibilities of you as a customer, and Ladybug Wireless, as a provider.  It covers the details of our services and how they may and may not be used.  Ladybug Wireless Terms of Service covers the following:

  • Devices: Any type of equipment used for our services, for example, a phone, a modem, sim card.

  • Charges: Including taxes, fees and other amounts processed through your device or our website or over the phone.

  • Privacy & Security Policies

  • Services, Network Access & Uses

  • Dispute Resolution

How do I manage my account?

To use our services, you must agree to autodraft.  This gives you full access to the customer account portal. Log into your account at WWW.LADYBUGWIRELESS.NET to do the following:

  • Make changes to your account information.

  • Change your password.

  • Make changes to payment methods or add payment methods.

  • Cancel services or features on your account.

  • Opt out or in for promotional contact.

I want to give people access to my account, can I?

We do not recommend this.  If you share your log in information with another person, you accept responsibility for any and all purchases, changes made to the account by that person.  

We can add an authorized contact to the account and give them their own credentials.  To do this, send their name, email address and phone number to Billing@ladybugwireless.net and put Please add this contact in the subject line.  

 

Please note: Do not ever give anyone the last four digits of your social security code or any other sensitive information

How does pre paid work?

An active Ladybug Wireless prepaid service account  gives you access to our prepaid service in 30 day increments. To use our prepaid Service you must have an active Ladybug Wireless prepaid plan.

 

Service will be suspended when you are at the end of the time period associated with your prepaid plan unless you prepay for the following month. 

 

Monthly plan features are available for 30 days, however, depending on the time of day that you activate your Service or that your Service expires, your service cycle may not equal 30 full 24 hour days.

 

Your monthly plan will automatically renew at the end of 30 days if you have a sufficient Ladybug Wireless prepaid Service account balance to cover your prepaid Service plan before the first day after your service cycle. If you do not have a sufficient Ladybug Wireless prepaid Service account  balance, your prepaid Service will be suspend.  

There is a re-connection fee of $35.00 if the service cancels for non payment. 

 

If you do not reinstate prepaid service within 30 days of disconnection, your sim card will no longer be valid and it will cost $4.99 to replace it.

 

The charges for your service will vary based on the plan and features or apps you choose.

 

Prepaid Service is non-refundable, and no refunds or other compensation will be given for unused airtime balances, lost or stolen sim cards, or coupons.   It is your responsibility to have a capable device that works in your calling area.  

How does my service work? 

Ladybug Wireless customers have access to nationwide wireless coverage under the agreements between Ladybug Wireless and the network carriers. Coverage will vary and depends on several factors, network availability and capacity, repairs and upgrades.  Customer’s equipment, terrain, signal strength, weather and other conditions may also impact quality of service. 

 

Ladybug Wireless does not guarantee network coverage, network availability or network uptime in any manner whatsoever, nor does Ladybug Wireless guarantee uninterrupted service. 

 

Our phone plans are bring your own device and as such, you are responsible for making sure it will work with our service and in your area.  If you're not sure, call us before ordering and we'll do our best to help you figure that out.

 

For more information about roaming, please refer to your individual Service Plan

What am I allowed to do on the Rural Internet Plan?

Allowed uses include:

  • Multiple devices can be connected.

  • Web browsing, sending receiving emails

  • Gaming (gaming consoles are allowed)

  • Streaming Video (Smart TV connection is allowed) Video must stream in SD (480p)

  • Streaming Music

  • Downloading applications and content to and from the Internet or third party stores;

  • Using any applications and content without excessively contributing to network congestion for legal purpose.

 

Prohibited uses include:​

  • Heavy business use, (Please contact us if you need a business connection)

  • Large downloads or uses more than 50 gigs in one day.  Downloads in excess of 40 gigs are excessive.

  • Streaming video in HD (720p or higher is HD)

  • Hosting servers or streaming live broadcasts for personal or business uses or for extended lengths of time.

  • Anything that compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;

  • Any applications or games which automatically consume unreasonable amounts of available network capacity

  • Any applications or games which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;

  • Misuses the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications;

  • Accesses the accounts of others without authority;

  • Resells the Service, either alone or as part of any other good or service;

  • Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;

  • Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;

  • Conflicts with applicable law;

  • Is not in accordance with this ToS; or

  • Attempts or assists or facilitates anyone else in any of the above activities​

 

This is mobile data, so please understand its limitations and help us continue to offer this great service by respecting the carriers rules and regulations. Users who use more than 50 gigs may see slowdowns during peak hours until the new billing cycle. This is rare, but it can happen. ​​

You are responsible for setting your devices to stream in the proper resolution. Failure to do so will put your account in jeopardy.​

If your line is terminated for excessive use there is no refund.   We may reinstate you at our discretion and subject to availability.

If your line is terminated for illegal activities we will not reinstate your service. 

Please Note: Stream Saver, Binge On, or any other video streaming data saver may not always work with our device as these features are designed for streaming on a phone or tablet, not a TV or Computer. Nor will they work in net neutrality states on any device.

 

What am I allowed to do on my phone services?

Allowed Uses:

  • Voice calls;

  • Web browsing;

  • Messaging;

  • Email;

  • Streaming music; Video will stream in SD 480p.

  • Downloading applications and content to and from the Internet or third party stores;

  • Using applications and content without excessively contributing to network congestion

  • Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Service Plan. 

 

Prohibited Smart Phone Plan uses:

  • Cannot be tethered to Smart TVs or Gaming Consoles.

  • Use a repeater or signal booster other than approved by Ladybug Wireless.

  • Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;

  • Uses applications which automatically consume unreasonable amounts of available network capacity;

  • Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;

  • No  "spamming" or sending abusive, unsolicited, or other mass automated communications;

  • Accessing or hacking other people's accounts.

  • Roaming more than your service plan allows.

  • Consuming large amounts of data when tethered or downloading/uploading large files (1 gigabite or larger).

  • Unless you are authorized, you cannot resell our services, either alone or as part of any other good or service.

  • Do not tamper with, reprogram, alter or modify your devices to violate intellectual property, individual privacy or to work around our policies or services.

  • Anything that causes harm, negatively affects Ladybug Wireless, the networks, the carriers, our customers, employees, business, or any other person.

  • Do not use our services to break any laws anywhere, anytime nor to help anyone else do so.

What happens if my modem or phone is lost or stolen?

If your phone is stolen or lost, you must notify us immediately and we'll cancel the service to protect you.   You are ultimately responsible for all charges on your device or account, so shutting it down as soon as you realize it's gone is highly recommended.  We also recommend you contact any other accounts you may use through your phone device, such as a banking app, wallet app, etc.   Turning off your cell phone signal will not keep apps from working on wifi signal. 

 

Ladybug Wireless is in no way, ever responsible for any charges incurred on a lost or stolen modem, phone or device of any kind.

How do I pay my bill from Ladybug Wireless?

Ladybug Wireless is proud to be a green company and strives to save our trees and our environment by using digital services whenever and however we can.   In this effort, we only accept auto draft payments made through our secure billing system.

 

Your account is accessible on our website at any time at www.ladybugwireless.net.   There you can view your service plan, payment history, add or change payment options and cancle services at any time.

 

Our services are prepaid, so your account must be paid up before the current service period runs out.   

What if I am late paying my bill?

Our services are prepaid, so if you don't pay on time, you're service will automatically be interrupted for non payment.  However, don't worry, it's easy to get it turned back on.  Pay the bill and a 35.00 re-connect fee within 30 days of the disconnection and your services will be restored.  After 30 days, the sim card will need to be replaced and that costs $4.99 plus the re-connection fee.

If your payment is returned for Insufficient funds, a 20.00 charge will be added on top of the reconnect fee. 

Can I cancel the service and come back later?

Yes you can.  If you cancel the service via phone or your account portal, then there is no re activation fee.     We only charge thee reactivation fee for those shut off for non payment because it causes a lot of work and expense on this end when an account is shut off for non payment.  

Does Ladybug Wireless check my credit or take deposits?

No.  We never check your credit nor do we report to the credit agencies, nor do we require deposits.  This is one of the real benefits of prepaid service.

How long is this contract for?

Please refer to your plan details for any commitment terms, as each service has different options. 

 

For those services where we have no service contracts, so you are free to go at anytime, however, we cannot prorate most services.  That said, we'd love to keep you and just ask you to give us a chance to fix whatever is making you want to switch. 

 

If you port your number from us to another carrier, your Service will be cancelled when the port is complete.

For the home internet plans, there are three options: No commitment, 1 year and 2 year increments.

No Commitment option can be cancelled at anytime, however we cannot prorate.

 

1 year Commitment: It can be cancelled at anytime, however we cannot pro rate.  Cancellation fee is 10.00 per month you have remaining in the commitment, upto 120.00 maximum.

 

2 year Commitment: It can be cancelled at anytime, however we cannot prorate.  Cancellation fee is 20.00 per month up to 240.00 maximum. 

 

Please Note:

 

As of August 24, 2018 Midnight we are no longer offering the 2 year commitment.

If you are on a contract and your services are cancelled for non payment your contract will be voided and prices will revert to current pricing, which could mean higher monthly costs for you.

Will Ladybug Wireless ever access my devices?

Ladybug Wireless will not access your handset devices. 

 

If you purchased a modem from us, we may access the modem remotely to you to help diagnose troubles with your internet service during a tech support call. 

Can I download apps and third party content?

Yes, however you do so at your own risk.  Ladybug Wireless is not responsible for any third party content or app you download. 

 

Third party Content & Apps may require your agreement to a license or other terms with the third party.  Some Devices or Content & Apps may contact our network without your knowledge, which may result in additional Charges. 

Who owns the licensing rights for software on my devices?

Your Device’s Software is licensed, not sold, to you by Ladybug Wireless, the network providers, and/or the manufacturer.  For information about the licenses and their uses of your device, please contact the manufacturer of the device.

Can Ladybug Wireless change or terminate my services?

Yes.  With the cellular world changing constantly, we have to reserve the right to update our services, however if the change to your Service Plan will have a material adverse effect on you, we will provide 14 days’ notice of the change. You’ll agree to any change by using your Service after the effectiveness of the change.  If you do not agree, you will need to cancel the service.

Wireless networks have capacity limits, and all customers can suffer from degraded or denied service when a user (or a group of users) consumes a disproportionate amount of a wireless network's resources.   Ladybug Wireless (and its third party service providers), therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the network or network usage by others.  Ladybug Wireless and its third party service providers reserve the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns, excessive usage, and preventing the distribution of viruses or other malicious code.

 

If you engage in any of the prohibited uses or abuse our services, we may change, limit, place on hold or discontinue your service or this agreement at anytime without notice.

 

Under certain limited circumstances, we may also block your device from working on the network totally or for certain types of uses. 

 

If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a $35.00 reactivation fee.

Do I have to get spammed with ads and specials?

No.  We will offer specials for holidays and sometimes for the heck of it, but you're under no obligation to receive the notices if you don't want to.  Opt out at anytime by logging into your account and changing your preferences.

 

However, billing notifications, reminders and disconnection notices are mandatory.  These are solely to help you manage your account and keep it in good standing.  Again, your account is manageable on our website 24 hours a day. 

 

You agree that Ladybug Wireless, and anyone contacting you on our behalf, may communicate with you in any manner, including with a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages.

 

If your contact information changes, please update it immediately so we can reach you about your account.

How do we contact Ladybug Wireless?

You may contact us at:

       P.O. Box 113, Nocona Texas 76255.

Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing.

For family plan or multi line accounts, we may assign a “Primary Telephone Number” to your account for the purpose of receiving notices, as well as for other purposes. If you would like to change it, contact us.

What if I need to dispute my bill?

If you have any questions about your bill or want to dispute any Charges, please contact us by direct email at billing@ladybugwireless.net, or call 1-833-4-LADYBUG, or by snail mail to Ladybug Wireless Customer Relations, P.O. BOX 113, Nocona Texas, 76255.

If this does not resolve the issue, please notify us in writing. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your bill or charges to your account within 60 days after the date you first receive the disputed bill or charge. If you don’t, you may not pursue a claim in arbitration or in court.

If you accept a credit on your account, a  refund or any other compensation or benefit to resolve a disputed bill, you agree that the issue is fully and permanently resolved.

Unless the law states otherwise, you must pay disputed bill until the dispute is resolved in order to keep your service active.

What laws govern this agreement?

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state.

 

Foreign laws do not apply.

 

Arbitration or court proceedings must be in the county and state in which your billing address in our records is located.  If you reside outside the US, then it will revert to Montague, County Texas, where Ladybug Wireless is located.

What kind of warranty do you make?

To the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis and without warranties of any kind.  

 

Devices purchased through Ladybug Wireless will be covered by the warranty supplied by the manufacturer.  Please register your device to invoke this warranty.

We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your service or your device.

We cannot and do not guarantee uninterrupted or error-free service and no one is authorized to do so on our behalf. This doesn’t deprive you of any warranty rights you may have against anyone else.

We do not promise that your communications will be private or secure; it is illegal for people to covertly intercept your communications, but such interceptions can occur.

Services or Applications acquired from third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently than services offered by Ladybug Wireless, and they may not work at all. Please review all terms and conditions of such third party products. 

We are not responsible for failures to make 911 calls or text to 911 messages or if inaccurate location information is provided. 911 service may not be accessible or functional and your ability to receive emergency services may be limited. We cannot promise you that if you place a 911 call or text it will be recieved, responded to, or that you will be found.

We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be trying to access with your Device or the Service, even if charges for Content & Apps appear on your Ladybug Wireless bill. 

You are responsible for maintaining virus protection and Internet security protections when accessing third party Content & Apps or other services.

What's the limits of liability?

To the extent permitted by law, you and Ladybug Wireless both agree to limit claims for damages against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim.

 

You agree we are not liable for problems caused by you or a third party, or by any act of God.

 

You also agree we aren't liable for missed or deleted voice mails or other messages, for any data (like music, pictures) that get lost or deleted, or for failure or delay in connecting a call or text to 911 or any other emergency service.

 

To the extent permitted by law, you and we each also agree that all claims must be brought within 2 years of the date the claim arises.

Indemnification?

You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you, any person on your account or that you allow to use the Service or your Device.

So how do I resolve disputes with Ladybug Wireless?

By accepting this ToS, you are agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures, and to waive your rights to a class action suit and jury trial. 

CLASS ACTION WAIVER. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.