TERMS AND CONDITIONS


Revision Published Jan 18, 2019

Please read the following terms and conditions guidelines regarding Bark Mobile services and offerings. The following represents an agreement between Bark Mobile and the consumer. 

Limitations of Service


Services provided by Bark Mobile are typically available within the operating boundaries of the wireless network as designated in the coverage plan collateral, provided prior to or at the time of initial signing.  Due to radio frequency transmissions, which cannot be controlled by Bark Mobile, coverage may vary and affect the quality of inbound and outbound calls.  Other factors may include geographical terrain, building construction and locations, weather or other atmospheric conditions, network interfaces, transport facilities, and additional wireless equipment among others.  Bark Mobile is not responsible for problems caused by these factors.  As a result, some services may be interrupted or result in poor quality without notice including emergency calls.


Alterations to Terms and Conditions


Bark Mobile may change the terms, conditions, rates, fees, policies, or other aspects of its service at any time regardless of plan.  Customers will be made aware of such changes by notice via a bill message, bill insert, separate postal letter, email, or text message. 


Use of Service


Use of Bark Mobile services are intended for lawful and customary purposes only, consistent with our Acceptable Use Policy (AUP), which can be found on our website here.  Any use of services provided that are illegal or violate our AUP shall be considered in breach of contract and result in prompt termination of service by Bark Mobile.  Bark Mobile, its employees, agents, dealers, retailers, consultants, affiliates, etc., cannot be held responsible for claims surrounding the use of its services.  Bark Mobile reserves the right to manage its wireless network and the use of its services.  As a result, Bark Mobile may deny a request for service from any customer or potential customer or discontinue a customer's service for any lawful reason.  Bark Mobile in its sole discretion may block access to a number and/or certain categories of numbers, certain unlawful websites, or certain messages, including text, video, photo, and audio messages, to the extent permitted by law.  Calls that may increase traffic on the Bark Mobile network may also be blocked by Bark Mobile in its sole discretion.  Furthermore, in compliance with all federal, state and local laws regarding safe use of wireless services, the use of all Bark Mobile services must be exercised in a safe manner not placing either the user or other parties at unnecessary risk.  You agree you have no right to the wireless number or any email address or other identifying item used by Bark Mobile in its normal course of business.  In certain instances, you may “port” the number you use from one carrier to another carrier, as allowed by law.

 

Terms of Service


Each individual line of service shall have a minimum commitment period set forward at the time of purchase or renewal.  Bark Mobile is a pay in advance service, at the conclusion of the initial commitment period or any extension thereof the service shall only renew on a month-to-month basis when advance purchase is made. Bark Mobile reserves the rights to terminate service at any time if a balance exist on a Carolina West Wireless account.


Service Plans


Service plans and coverage areas are pre-determined by Bark Mobile Management and are subject to change.  All costs associated with plan coverage and available services are nonnegotiable and should be decided upon at the initial point of signing.  All restrictions and conditions applicable to service plans and coverage areas are available in marketing materials published by Bark Mobile or online at (www.mybarkmobile.com) are incorporated herein by reference.  Amendments to service plans may result in changes to the above listed conditions and to that of new rate plans.  Changes may include a new term commitment, the availability of new services or other conditions Bark Mobile sets forward as part of a new service plan or requirement.  In compliance with federal, state and local laws, Bark Mobile may make additional changes to service plans upon prior notice to the customer.  Such changes may include, but are not limited to, changes in:  taxes, fees, levies, mandated program recovery fees, surcharges, tariffs, etc.  In the event of a change in pricing to service plans, Bark Mobile will notify customers a minimum of 30 days in advance before any changes are made to their specific account.  Each account holder reserves the right to reject the suggested changes and terminate service with Bark Mobile by not renewing the pay in advance service.


Unlimited Plan Network Throughput Restrictions


Bark Mobile may slow data throughput on customers who exceed 12 GB total during a billing period.  Additionally, during periods of network congestion on the home network, Bark Mobile may decrease data throughput on customers who exceed a fair use.  For additional information see our Internet Policies and Disclosures here.


Termination of Service


Bark Mobile is a pay in advance service, as such termination of service will occur if you do not renew your month in advance service.  Bark Mobile will not refund any partial month’s service if you decide to terminate early. Bark Mobile may terminate service for excessive use of non- Bark Mobile networks, as defined as more than 40% of your total usage, e.g. minutes, data, messages, etc., over a rolling 60-day period.  An account will forfeit any positive balances 60 days from termination of service.  Bark Mobile has the right to refuse or terminate service in its sole discretion.


Device Return / 14-Day Risk Free Trial


Service may be cancelled within fourteen (14) days of activation without penalty, provided all terms and requirements applicable to this period have been met.  All services and charges incurred during said 14-day period must be paid in full and any equipment purchased in association with this service agreement must be returned.  Equipment returned must be in “like new condition,” as determined by a company representative in their sole discretion.  Equipment returned is subject to a restocking fee of $35.  Risk-free trial indicates no obligation to fulfill the term of the agreement signed upon cancellation within the acceptable fourteen-day period. The risk-free trial does not exempt charges incurred, equipment cost, activation fee or any other fee for service. For equipment exchanges, refer to the Equipment Return for Exchange Policy located at https://www.mybarkmobile/policies.


Equipment Return for Exchange


Wireless devices and accessories may be exchanged within fourteen (14) days from the date of purchase.  A restocking fee of $35 applies to any return or exchange of a wireless device.  Equipment returned for exchange or refund must be in “like new condition,” as determined by a company representative in their sole discretion.  Returned wireless devices must include the device, charger, battery, instructions, any additional components and the original box and packing material accompanied by the original purchase receipt.  Accessories must include the unit and original packing material accompanied by the purchase receipt.  Exchange of wireless device does not extend the 14-day risk free trial.  Only one exchange from original device permitted.  Merchandise purchased from an authorized retailer must be returned to the original purchase location and is subject to the retailer's return / exchange policy.


Equipment


Only Bark Mobile-approved equipment is acceptable for use on the Bark Mobile networks.  Bark Mobile is not liable for the performance of said equipment on its network or any claims arising from the use of the equipment by the user.  Bark Mobile does not manufacture equipment and cannot be considered liable for any defects, failures, non-performance, or negligence by the manufacturer.  Any equipment purchased is subject to the original manufacturer’s warranties when applicable.

 

Permitted Users and Charges


Proprietors or designated account holders as listed on each service agreement are responsible for all applicable charges and/or fees incurred.  Such charges include, but are not limited to, services provided directly by Bark Mobile or by third party services/applications in regard to the attainment of ring-tones, graphics, games, wallpapers, or other premium content.  In the event services offered by Bark Mobile are not available in a specific area, additional fees may be applicable based on the available service provider rendered to acquire voice, data or incremental charges.


Discrepancies


Billing discrepancies must be submitted in writing within 30 days of the statement in question and must include specific reasons outlining the dispute in detail.  All discrepancies submitted after or not in the proper format beyond the 30-day window will not be considered.  Likewise account holders who do not dispute discrepancies within the 30 days following the billing statement in question will waive any further right to remedy the dispute with Bark Mobile.  In the event unauthorized use of service has occurred, Bark Mobile must be notified within 30 days from the date of billing reflecting such unauthorized use.  Bark Mobile will investigate and determine whether any unauthorized use has occurred and determine any associated credit.  If a credit is warranted, the amount will be applied to the subsequent billing invoice outlining the disputed charges.  If the resolution determined by Bark Mobile is considered unsatisfactory, a written submission of the dispute may be escalated for further review under the Dispute Resolution process, as described hereafter, as an Unresolved Dispute.


Dispute Resolution


Adequate written documentation must be provided to Bark Mobile within the specified time frame referenced herein for any dispute arising from this agreement.  Bark Mobile will then have at least 30 days to resolve the dispute before either party may file for arbitration.  Either party may extend by an additional 30 days, the period to resolve the dispute, prior to an arbitration filing by providing written notification is made available to other party.  Binding arbitration with Bark Mobile to resolve any unresolved disputes or issues must be adhered to as defined by the terms above.  Arbitration shall take place using a neutral arbitrator on a site mutually agreeable to both parties.  The findings of an arbitrator shall be considered final and binding.  Arbitration shall be used to resolve any claims arising from the relationship between the account holder and Bark Mobile including but not limited to advertising of the services, sale and subscription of the services, support of the services by any employee, agent, affiliate of Bark Mobile, termination of agreements, use of services, delivery of the services, any actions of class.  The Federal Arbitration Act shall govern the Arbitration.  For any disputed amount less than $5,000, the foregoing shall not apply.  In such instances, either Party may pursue claims less than $5,000 through the small claims or conciliation courts.  For purposes of this section, a claim shall be deemed greater than $5,000 if either any individual claim or all claims joined together in the same action or proceeding in the aggregate exceeds $5,000.  The prevailing Party shall be entitled to recover any reasonable attorney fees, court costs, or other associated administrative fees in addition to any court award.
Notification to seek arbitration must be made known to Bark Mobile by filing a notice of said intention to Notice to, Carolina West Wireless, Raymond Parker, Attorney at Law, 131 Colony Lane, Elkin NC 28621.  The notice must describe the nature and basis of the claim or dispute and specify the preferred resolution.  If an agreement for the claim is not resolved within 30 days after the Notice is received, either party involved may commence an arbitration proceeding.  During the arbitration no information shall be shared with the arbitrator regarding any offer to settle by either party.  The arbitrator shall determine the amount, if any, owed by either party.  The arbitration process shall be governed by the appropriate rules of the American Arbitration Association, which are available at www.adr.org, or 1-800-778-7879.  The arbitrator shall decide all issues, including but not limited to venue, oral or written documentation, etc., around the dispute, but shall be generally bound by this agreement regarding the scope of such arbitration.  The arbitrator shall determine responsible party for payment of any fees for such arbitration.  Any duplicative fees may not be recovered.  Bark Mobile may also file separate claims against the account holder in question.  The arbitration must be between you and Bark Mobile only, and not of any class for purposes of any legal proceeding.  You agree not to file, and to waive any right to commence or participate in a class action in any capacity to the maximum extent allowed by law, whether such action arises under this agreement or otherwise.  In addition, the arbitrator cannot consolidate another party’s claim for the purpose of deciding any class proceeding.


Billing and Payment


Recurring monthly service and features are billed in advance.  Proration is may be applicable upon the initiation of service with Bark Mobile or change of service.  Usage based charges, including but not limited to airtime, data, messaging, events, etc., are billed in advance.  In concordance with the terms of service with Bark Mobile the account holder agrees to pay for all charges including all taxes, levies, tariffs, regulatory fees, mandated programs, and other fees and surcharges.  Voice calls are billed in one-minute increments and data usage is billed in kilobytes.  Any partial usage is rounded up to the nearest minute or kilobyte per session.  In addition, certain premium content transactional events are billed in addition to the actual network usage.  Unless specifically referenced in description of services plan materials, unused services available within your service plan do not carry forward.  Charges begin when the SEND or similar key is pressed and continue until the END or similar key is pressed, or the network disconnects the call.  These charges will usually appear on the following bill cycle.  Service may be temporarily interrupted or suspended if the total amount due for the services rendered is not paid in advance by the specified date, or within a period approved by a Bark Mobile representative.  If a payment is not made in advance before the specified due date, Bark Mobile will terminate the service.  Bark Mobile customers may retain use of their number if they replenish their account no later than 30 days from service termination.  Under no circumstance will payments on Bark Mobile Plans be refundable.  Payments are accepted by credit card, debit card, automatic bank draft, or cash or by authorizing Bark Mobile to automatically withdraw funds from a specified checking or savings account via your credit or debit card.  Please see www.mybarkmobile.com for more details or call Bark Mobile at 1-800-235-5007 for more information.


Bad Check and Credit/Debit Card Returns


If a payment is returned for reason of insufficient funds or is rejected by a Credit Card or Debit Card Company, a return fee of $30 will be applied to the account in question per instance.  In this event, Bark Mobile has the right to temporarily suspend the account and will also be subject a reconnect fee to reinstate service.


Lost or Stolen Device


A device may be reported as stolen or lost by calling Bark Mobile at 800-235-5007, calling 611, or on-line at www.mybarkmobile.com/how-to-file-a-claim.  If the account holder disagrees with Bark Mobile’s findings they may in turn file a submission of dispute with Bark Mobile for resolution.  The account holder must comply with all obligations under this agreement while the device is suspended as lost or stolen.


Affiliated Service Discounts/Benefits


Any special consideration for affiliation with a governmental agency or business is available only as long as the business or governmental agency is a customer of Bark Mobile and the account or line of service affiliated thereto.  If an employee is liable for their own charges, the account holder must comply with the terms and conditions of this agreement to continue to receive the consideration.  If the affiliated governmental agency or business changes service plans, in conjunction the service will change accordingly.


Liability Limitation


YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR ANY OTHER RELIEF AGAINST Bark Mobile (INCLUDING ITS VENDORS, SUPPLIERS, AFFILIATES, CONTRACTORS, CONSULTANTS, EMPLOYEES, AGENTS, ETC.), UNLESS FORBIDDEN BY LAW IN ANY SPECIFIC CASE, TO (1) YOUR SPECIFIC DAMAGES OR (2) ONE MONTH'S SERVICE FEES, WHICH EVER IS LESS.  THIS LIMITATION AND WAIVER WILL APPLY IN ALL INSTANCES REGARDLESS OF WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCTS LIABILITY, OR ANY AS CONSTRUED IN ANY OTHER FASHION.  ADDITIONALLY, YOU AGREE THAT BARK MOBILE  IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, OR RELATED TO, PROVIDING OR FAILING TO PROVIDE SERVICES, WHETHER CONNECT WITH A DEVICE OR EQUIPMENT OR NOT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR REPLACEMENT COST OF PRODUCTS AND SERVICES.


WARRANTY DISCLAIMER


Bark Mobile does not manufacture devices or equipment of any kind.  Bark Mobile not offer a warranty of any kind for the equipment or devices it sells.  The equipment and devices are subject to specific manufacturer warranty, if any.  Any statement to the contrary by any party whether a Bark Mobile employee, agent, affiliate, dealer, retailer, or any other third party, does not constitute a warranty of any kind.  Bark Mobile makes no representations, expressed or implied about its service applications, SERVICE, or any device or equipment it sells including any implied warranty of merchantability or fitness for a particular purpose.


BARK MOBILE SHALL NOT BE LIABLE FOR ANY CLAIMS OF DAMAGE OR HARM whether actual, implied, incidental, special, treble, punitive, consequential, OR ANY OTHER LOSSES ARISING FROM THE USE OF ITS SERVICE, the interruption of THAT service for any reason, or THE use of ANY COMBINATION OF devices or equipment it sells.  THESE CLAIMS MAY INCLUDE, BUT ARE NOT LIMITED TO, ECONOMIC LOSS, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, DEATH, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF PROFITS, ETC.


Privacy & CPNI Information


For information regarding Bark Mobile’s commitment to keeping your information safe please view Bark Mobile’s complete privacy policy located at any retail sales center or at https://www.mybarkmobile.com/policies.


Data Network Access


It is Bark Mobile’s goal to ensure equitable network access is available to all subscribers.  This policy includes a data consumption levels cap of 12 GB per paid in advance cycle to which a subscriber may use including upload and download transmissions within a stated period of time.  If you exceed the 12 GB threshold, Bark Mobile may temporarily reduce the speed at which you can send and receive data over the network once the 12 GB threshold has been reached.  In addition, other traffic management and prioritization tools to help ensure equitable access to the Bark Mobile network for all subscribers.  Your service speed is not guaranteed and is subject to our AUP and other limitations.  For additional information see the Bark Mobile AUP here.