ACP Terms & Conditions
Please read these CUBAMOBILE, LLC (“CUBAMOBILE) Affordable Connectivity Program (“ACP”) Terms and Conditions of Service (“Agreement”) carefully. This Agreement is legally binding between you and CUBAMOBILE and becomes effective when you enroll in CUBAMOBILE’S ACP service, use the CUBAMOBILE ACP service, or make a change to your account. These terms and conditions contain important information about your legal rights and require that certain disputes be resolved through Arbitration instead of a court trial. CUBAMOBILE reserves the right to change or modify this Agreement at any time and at its sole discretion. Any changes or modifications to this Agreement will be binding upon you, once posted on the CUBAMOBILE website at www.cubamobile.miami. You should check the CUBAMOBILE website regularly for updates to this Agreement.
The Service Agreement: The service agreement consists of this Agreement and the CubaMobile General Terms and Conditions of Service. To the extent there are conflicts, the order of precedence is as follows: (1) this Agreement, (2) the General Terms and Conditions of Service.
Nature of Service: The ACP is a Federal Communications Commission (“FCC”) benefit program designed to help make broadband more affordable for eligible low-income households. The ACP will provide a discount of up to $30 per month towards broadband service or up to $75 per month for households on Tribal lands, as defined by FCC rules. Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price. The ACP is limited to one monthly service discount and one device discount per household. ACP benefits may be obtained from any participating provider and the monthly service benefit may be transferred to another provider subject to certain regulatory restrictions. The ACP benefit is subject to consumer eligibility, provider participation, product availability, and approval by the FCC and its ACP administrator, the Universal Service Administrative Company (“USAC”). This ACP
discount benefit is provided each month the customer maintains ACP services and eligibility.
Eligibility: To qualify for enrollment in the ACP, a person applying for ACP service, or “applicant,” must meet specific eligibility requirements and have a service address in a location where CUBAMOBILE is authorized to offer ACP service as an approved Broadband Service Provider.
A household is eligible if one member of the household meets at least one of the criteria below: · Has an income that is at or below 200% of the Federal Poverty Guidelines for a household of that size;
· Receives benefits from certain federal assistance programs: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit, or Special Supplemental Nutritional Program for Woman, Infants and Children (WIC) Program;
· Is approved to receive benefits under the free and reduced-price school lunch program or the school breakfast program;
· Received a Federal Pell Grant during the current award year; or
· Meets the eligibility criteria for a participating providers’ qualifying low-income.
Households on Tribal lands are additionally eligible to receive an ACP discount if a member of the household meets one of the criteria below:
· Receives Bureau of Indian Affairs General Assistance;
· Participates in Head Start (only households meeting the income qualifying standard);
· Receives Tribal Temporary Assistance for Needy Families (Tribal TANF); or
· Participates in the Food Distribution Program on Indian Reservations.
Your eligibility to participate in the ACP will be determined by the National Verifier, which is administered by USAC.
Application Process: CUBAMOBILE’S subscribers who participate in the Lifeline program may OPT-IN to the ACP which is a separate program. New applicants must complete an ACP application and certification form and may need to provide supporting documentation verifying they meet the eligibility requirements to participate in the ACP.
New ACP customers who are enrolled in CUBAMOBILE ACP services will receive one (1) SIM Card enabling the user to access the CUBAMOBILE network with a compatible GSM device. Existing Lifeline customers who opt-in to enroll in CUBAMOBILE ACP services may be able to use their current SIM card. ACP Participants may also qualify for a one-time discount of up to $100 on a connected device. If the participant has not yet received their one-time discount, they may receive one (1) broadband enabled Connected Device provided by CUBAMOBILE in accordance with its Device Policy and the ACP guidelines.
One ACP Discount Per Economic Unit Rule: ACP support is limited to one economic unit per household and consists of broadband service. An economic unit is defined, for purposes of the ACP, as any individual or group of individuals who live together at the same address and share income and expenses. An economic unit is not permitted to receive ACP benefits from multiple providers. Violation of the one benefit per economic unit rule constitutes a violation of the federal rules and will result in de-enrollment from the ACP and potentially prosecution by the United States government.
You consent to have your personal identification information, including name, telephone number and address shared with USAC and/or its agents to confirm that neither you nor your household receive more than one ACP benefit.
ACP Benefit Transfer Consent. If you or any member of your family unit receives ACP Assistance from any other telephone company or broadband internet provider, you consent to have your benefit transferred to CUBAMOBILE when you apply for and enroll in ACP services with CUBAMOBILE. The effect of an ACP benefit
transfer is that your ACP benefit will be applied to CUBAMOBILE ACP service and will no longer be applied to service retained from your former ACP service provider. You may be subject to your former ACP provider’s undiscounted rates as a result of the transfer if you elect to maintain service from that provider. ACP rules limit you to one ACP benefit transfer transaction per service month, with limited exceptions for situations where a subscriber seeks to reverse an unauthorized benefit transfer or is unable to receive service from a specific provider.
ACP and Lifeline: Customers may have one ACP and one Lifeline benefit per household. These discount benefits may be combined and applied to the same service or they may be applied to two separate services. The ACP benefit is separate from the Lifeline benefit. You are not required to opt-in to the ACP, and you can continue to receive your Lifeline service without enrolling in the ACP. You may choose to take ACP benefits from a service provider other than your existing Lifeline provider.
Emergency Broadband Benefit Subscribers: The FCC phased out the EBB and replaced it with the ACP on December 31, 2021.
ACP Benefit Availability: The ACP benefit is subject to funding availability from the FCC. Should the FCC announce that funding is no longer available, CUBAMOBILE will attempt to provide you with a 30-day notice that it will discontinue its ACP-supported service. At the conclusion of the ACP, customers may choose to pay the applicable undiscounted rate plus applicable fees and taxes for one of our service plans available at that time. CUBAMOBILE will not opt the customer into AutoPay without the customer’s permission, and the customer must have a credit card on file to enter the AutoPay program.
Consent to Disclosure of Information: By completing the CUBAMOBILE ACP application, you consent to the release of your information (including financial information) to our designated agent for the administration of your service with CUBAMOBILE. This consent survives the termination of this Agreement. You further authorize CUBAMOBILE to discuss with or access information from state or federal agency representatives concerning your eligibility for and participation in the ACP. CUBAMOBILE reserves the right to review your eligibility status at any time and require you to provide CUBAMOBILE with written documentation of either your household’s income or your participation in a qualifying federal program or state program.
National Verifier and National Lifeline Accountability Database (NLAD): Applicants who apply for ACP benefits will be submitted to the NLAD database to complete enrollment. Applicant’s name, address, date of birth, and social security number will be submitted to the National Verifier and NLAD during the application process. Applicant’s address and identity will be verified. Applicants will be screened to determine if they are already receiving an ACP benefit through another provider.
Activation of Service: Upon enrollment in the CUBAMOBILE’S ACP services, if you are a new applicant, you will receive a CUBAMOBILE SIM card, delivered to your home address noted in the application, or if you applied in person, the SIM card will be given to you at some point during or after the enrollment and approval process (timing of SIM card distribution in relation to the approval process varies by state). Insert the CUBAMOBILE provided SIM card into your compatible device and power on the device. Using data or confirming that you want to activate your service will activate the CUBAMOBILE ACP service.
Account Activity Requirement: You must use data, purchase data, or respond to direct contact from CUBAMOBILE at least once during any 30-day period to continue receiving your benefit.
Maintaining Eligibility and Service: You will receive ACP service from CUBAMOBILE if you continually meet the ACP eligibility requirements and the program remains active. If CUBAMOBILE believes you are not eligible for ACP service, we will notify you that your ACP service will be canceled. You will have 30 days to respond to the termination notice. If you do not demonstrate continued eligibility, service will be canceled, you will lose any remaining services and will no longer receive service. If you no longer qualify for the ACP discount, you must notify CUBAMOBILE within thirty (30) days of this fact to be removed from the program.
ACP Is Non-Transferrable: Eligibility for the ACP benefit is personal to you and your household. You may not transfer, to any third party, any of your rights or benefits received under the CUBAMOBILE ACP service, including but not limited to, any voice minutes or broadband data received under CUBAMOBILE service funded by the ACP.
Monthly Service Period: The period in which usage of your service is authorized lasting for a period of up to thirty (30) days beginning on (i) the date your CUBAMOBILE account became active; (ii) the date you placed or received the
initial service transaction on your CUBAMOBILE account; (iii) the receipt of the allotment of CUBAMOBILE rate plan data; (iv) the purchase or addition of CUBAMOBILE data, or (v) the date you were determined to be eligible for the CUBAMOBILE plan, whichever can be conclusively determined by CUBAMOBILE at its sole discretion, and concluding thirty (30) days later. CUBAMOBILE data will be added to your account on the first day of each Service Period, also known as your Anniversary Date, in accordance with your rate plan as long as the subscriber maintains eligibility for ACP service.
Monthly Service End Date: The last day of your CUBAMOBILE Monthly Service Period, occurs up to thirty (30) days from your Anniversary Date. Service End Date can be calculated from (i) the date your CUBAMOBILE account became active; (ii) the date you placed or received the initial service transaction on your CUBAMOBILE account; (iii) the receipt of the monthly allotment of CUBAMOBILE data; (iv) the purchase or addition of CUBAMOBILE data, or (v) the date you were determined to be eligible for a CUBAMOBILE ACP plan, (vi) the date your ACP benefit was removed by you or that de-enrollment based on ACP rules occurred, whichever can be conclusively determined by CUBAMOBILE at its sole discretion.
Rates, Usage, and Included Allotments: While you are enrolled in CUBAMOBILE’S ACP- supported services, you will receive an allotment of data provided by CUBAMOBILE each month as long as you remain eligible for the ACP. Use of allotments can include, but is not limited to, the use of any data.
Monthly data allotments provided by CUBAMOBILE may vary from state-to-state as described on www.cubamobile.miami/plans or in CUBAMOBILE tariff filings on file with your state Public Service Commission or Public Utility Commission. Please visit our website at www.cubamobile.miami for more information.
Service Plan Options: The ACP discount may be applied to any available CUBAMOBILE service plan. Each plan may offer different benefits, features, carryover options and pricing. Service plans, including those that can be obtained with no co-pay after application of the ACP benefit, are posted on CUBAMOBILE’S website at www.cubamobile.miami/plans. Not all plans are available in all states.
Termination Rights Reserved by CUBAMOBILE: CUBAMOBILE reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s CUBAMOBILE service for fraud, misrepresentation, or other misconduct as determined solely by CUBAMOBILE. While utilizing CUBAMOBILE’S ACP services, a customer shall not be permitted to sell, rent, give
away or in any way allow another person to use their CUBAMOBILE ACP services. If you have any questions, concerns, comments, or complaints regarding the CUBAMOBILE ACP services, offerings, or products, please contact CUBAMOBILE Customer Service at firstname.lastname@example.org. You may also contact your State’s Public Service Commission/Public Utility Commission.
Cancellation: You are free to cancel your CUBAMOBILE ACP services at any time. After your first use, however, you will receive no refunds on any equipment, including purchased devices or any unused funds in your account. Monthly Service Fees are non-refundable. You may cancel your account or change your rate plan by contacting CUBAMOBILE Customer Service at email@example.com. You will lose access to your data immediately after your account has been de-enrolled from the ACP and your CUBAMOBILE account deactivated.
Transfer of Service: If my services get transferred to another provider, I agree for CUBAMOBILE to contact me via SMS message and/or email to confirm that I requested the transfer of the service benefit. If I do not respond to confirm the service transfer within 24 hours, I authorize CUBAMOBILE to keep my CUBAMOBILE service and consent CUBAMOBILE to transfer my ACP service benefit back to CUBAMOBILE. I understand that I can cancel at any time by contacting CUBAMOBILE customer service department at 305-863-3000 or email firstname.lastname@example.org. I further understand if I received a company subsidized Smartphone and cancel or transfer my services prior to 120-days to another provider I will be responsible for the cost of the Smartphone that I received.
Questions or Complaints: For more information about the ACP or for other questions or complaints, you can reach us by contacting CUBAMOBILE Customer Service at email@example.com. Resolved questions or complaints may be directed to the FCC’s Consumer Complaint Center or your local Public Utilities Commission or customers in the states listed below may direct unresolved questions or complaints to the following organizations: Colorado: External Affairs Section, Consumer Affairs: Colorado Public Utilities Commission: 1560 Broadway, Suite 250, Colorado 80202: Phone 303-894¬2070 or 800- 456-0858 Fax 303-894-2532 or E-mail: firstname.lastname@example.org. Georgia: Georgia Public Service Commission’s Consumer Affairs Unit: 404-656-4501 or 1-800-292-5813. Kansas: Kansas Corporation Commission: Office of Public Affairs and Consumer Protection: KCC- Consumer Protection: 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 800-662-0027 or in Topeka 785-271- 3140. Hearing or speech impaired TDD Kansas Relay Center 800-766- 3777. Massachusetts: Massachusetts Consumer Division: Department of Telecommunications and Cable Consumer Division: 1000 Washington Street, Suite 820, Boston, MA 02118-6500: 617-988-
8288 (Fax) Or by calling: 617-305-3531 1-800-392-6066 (Toll free) email@example.com. Pennsylvania: Pennsylvania Utility Commission Bureau of Consumer Services – 800-692-7380 or for FDD PA Relay Center 800-682-8706 (voice) or 800- 682-8786 (TTY). Puerto Rico: Unresolved questions or complaints and to seek revision of any adverse decision contact: Telecommunications Bureau of the Puerto Rico Public Service Regulatory Board, 500 Ave. Roberto H. Todd (Parada 18-Santurce), San Juan, Puerto Rico 00907-3941.