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YOUR ILLINOIS VALLEY CELLULAR TERMS AND CONDITIONS
Welcome to Illinois Valley Cellular. Please carefully read
this agreement, including the calling plan or plans you have chosen. By
accepting this agreement, you are bound by its conditions. This agreement
covers important topics such as the length of your agreement, fees for early
termination, late payments, our rights to change its conditions and your
wireless service, limitations of liability, privacy, and settlement of disputes
by arbitration instead of court. If you accept this agreement, it will apply to
all of your wireless service from us, including all your existing calling plans
and other available service offerings available from IVC. Be sure to also
review the Customer Information Overview provided to you at the time of
acceptance to this agreement.
YOUR CALLING PLANS, RATES AND CHARGES
YOUR CALLING PLANS BECOME PART OF THIS AGREEMENT.
Calling plans describe the prices that you have agreed to
pay in advance to do business with us. The Subscriber acknowledges by signing
this Agreement that the Subscriber has been given a copy of the current schedule
of Rates and Charges of their Calling Plan. Your calling plan is part of your
Customer Agreement. Be sure to read it carefully. It determines your rates and
charges, such as your monthly access, the number of minutes included in your
monthly allowance, and the rate per minute for additional minutes, roaming, and
long distance service, if applicable. Your calling plan also outlines your
geographical coverage for free mobile-to-mobile and night and weekend calling.
Representations of coverage by IV Cellular or its Agents are not guarantees. By
accepting this agreement, the subscriber accepts the liability for charges
outside the times or geographical limitations of his/her calling plan. The
Subscriber also acknowledges by signing this Agreement that rate change
requests may be denied for the duration of the signed agreement and that
Illinois Valley Cellular reserves the right to either terminate your service or
disqualify you from your current rate plan and transfer any customer to a plan
that does not include nationwide roaming in the package minutes if LESS than 50%
of your usage over three consecutive billing cycles is on the Illinois Valley
Cellular Network.
(Roaming charges are billed when received from Illinois
Valley Cellular’s roaming partners and these roaming minutes will be included in
the calculation of any allowance during the current billing cycle, which will
reduce the total allowance of minutes available).
THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you
do any of the following things after an opportunity to review this agreement:
-
Give us a written or
electronic signature
-
Tell us orally or
electronically that you accept
-
Activate your service through your wireless phone
-
Open a package that says you are accepting by opening it;
or
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Use your service after making any addition when we’ve told
you that the change or addition requires acceptance
Any Customer agreements signed before 11/1/05 that have
expired and subscriber is using service on a month-to-month basis are subject to
the terms and conditions set forth herein. Customers who began their two year
agreement) on or after 11/01/05 are subject to the following: IVC enters into
this Agreement on behalf of and as agent for Illinois Valley Cellular RSA2-1
Partnership, Illinois Valley Cellular RSA2-2 Partnership or Illinois Valley
Cellular RSA2-3, depending upon which Partnership’s area is selected by the
Subscriber. This Agreement incorporates by reference the current Schedule of
Rates and Charges of the appropriate Partnership, and Schedule of Rates and
Charges subsequently put into effect by IVC on behalf of the appropriate
Partnership and any Service Application submitted by the Subscriber and accepted
by IVC.
1.TERMS OF AGREEMENT FOR SERVICE: (a) This Agreement shall
become effective on the date the Subscriber signs this Agreement. (b) With this
signed agreement you will receive a designated discount on equipment based on
the rate plan selected on the date you sign the agreement. No future discounts
on equipment will be given under the terms of this agreement. IV Cellular
reserves the right to change the discount on equipment at any point in time. To
the extent any condition in your calling plan expressly conflicts with this
agreement, the condition in your calling plan will govern. If at any time you
change your service (by accepting a promotion, for example), you will be subject
to any requirements, such as a new minimum term, we set for that change. (c) A
(30) day trial period FOR ILLINOIS VALLEY CELLULAR SERVICE begins upon the date
of Signature. New Subscribers may cancel this Agreement by returning any
purchased or free equipment attained within the (30) day trial period and
terminates this agreement without early termination fees. Customers who have
been in service with Illinois Valley Cellular either under a signed Agreement or
going month to month are not eligible for the 30 day trial period for Service on
any renewals of a signed agreement, add on lines, or purchase of equipment.
2.DUTIES OF IVC: IVC will provide Domestic Public Cellular
Mobile Telecommunications Services in the U.S. and Canada based on IVC
affiliations and agreements with other carriers. All services including SMS
and Data may or may not be limited to geographical and content use to the
Subscriber upon the terms and conditions specified herein and at the rates and
charges currently in effect and offered to the subscriber at the time the
contract document is signed. Remove underlined paragraph and replace what is
typed in red.
OUR RIGHTS TO MAKE CHANGES: Your service is subject to our
business policies, practices, and procedures, which we can change without
notice, UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY
OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE
PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU
CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU ARE ACCEPTING THE CHANGES. IF
THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE
AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE BY CALLING US WITHIN 60 DAYS
AFTER WE SEND NOTICE OF CHANGE. THIS WAIVER OF EARLY TERMINATION FEE WILL ONLY
APPLY TO UNUSED SERVICE CHANGES, YOU WILL BE LIABLE FOR ALL CHARGES, EARLY
TERMINATION FEES IF YOU HAVE ACCEPTED THE CHANGES YOU WERE NOTIFIED OF BY USING
YOUR SERVICE AFTER ANY SUCH CHANGE YOU WERE NOTIFIED OF HAS GONE INTO EFFECT.
3.AVAILABILITY OF THE SERVICE: The service shall be
available to Subscribers with Cellular Mobile Radio Telephones equipped for and
technically and operationally compatible with such Services when within the
range of Cell Sites located in Illinois Rural Services Area 2, otherwise know as
IV Cellular Network. Service may be temporarily unavailable or limited because
of capacity limitations, is subject to transmission limitations caused by
atmospheric and other natural or artificial conditions adversely affecting
transmissions, and may be temporarily interrupted or curtailed due to equipment
modification, upgrades, relocations, repairs and similar activities of IVC
necessary for the proper or improper operation of the Service. Illinois Valley
Cellular reserves the right to change customer’s digital software without
notice.
4.PROVISION OF THE CELLULAR MOBILE RADIO TELEPHONE: (a) The
subscriber shall be responsible for the installation, operation and maintenance
of the Subscriber’s Cellular Mobile Radio Telephone. (b) Unless IVC and the
Subscriber execute an agreement for maintenance of the Subscriber’s Cellular
Mobile Radio Telephone, the Subscriber must provide and maintain the Cellular
mobile unit in compliance with applicable Federal Communications Commission
rules and regulations. (c) The operating characteristics of the Cellular Mobile
Radio Telephone shall be such as not to interfere with the Service offered by
IVC and the appropriate Partnership to any of its subscribers. (d) IV
Cellular
will not be held liable for loss of any stored or downloaded data. The
Subscriber will be responsible for repairing or replacing any handset that is
destroyed by a computer virus due to the use of an IV Cellular handset on a
non-supported website or browser.
5. LIMITATION OF LIABILITY: The sole liability of IVC and
the appropriate Partnership to the Subscriber for loss or damages arising out of
mistakes, omissions, interruptions, delays, errors or defects in the Service,
its transmission, or failures of or defects in the facilities of the appropriate
Partnership occurring in the course of furnishing Service and not caused by the
negligence of the Subscriber is as follows:
1) A credit allowance will be made, at the Subscriber’s
request, in the form of a pro rata adjustment of the fixed monthly service
charges billed to the Subscriber as the full and complete liability of IVC and
the appropriate Partnership. Fixed monthly charges are the monthly charges for
access, and optional features per Access Number, all as described in the
Schedule of “Rates and Charges in effect at the time of interruption.
2) Such credit allowances will be based upon the period of
time in which the said mistakes, omissions, delays, errors or defects in the
Service or its transmission caused interruptions in the rendering of the
Service. In the event the Subscriber is affected by such interruption for a
period of less than 12 hours, no such adjustments shall be made. Any such
period of time over which an interruption occurs will be measured from the time
it is reported to IVC. No adjustments shall be earned by accumulating periods
of non-continuous interruption.
3) In no case will the credit exceed the fixed monthly
charges and IVC and the appropriate Partnership has no other liability for such
mistakes, omissions, interruptions, delays, errors or defects in the Service.
4) A credit allowance will not be given for mistakes,
omissions, interruptions delays, errors, defects, or curtailments in the Service
caused by the negligence or willful act of the Subscriber or others, or
mistakes, omission, interruptions, delays, errors or defects caused by fail of
equipment or service described in Section 2 hereof.
5) In no event shall IVC or the appropriate Partnership be
liable for Service interruption or delays in transmission, errors, or defects in
Service transmission, or failure to transmit Service when caused by acts of God,
fire, war, riots, Government authorities or other causes beyond IVC’s control,
including but not limited to the causes described in Section 2 hereof.
6) In no event shall IVC or the appropriate Partnership be
liable for failures, mistakes, delays, or curtailments of the 911Emergency
Service regardless as to the cause. The liability of IVC and the appropriate
Partnership in connection with the Service provided by the appropriate
Partnership is subject to the foregoing limitations and IVC and the appropriate
Partnership make no warranties of any kind, expressed or implied, as the provisions of such service. IVC will not activate any cellular phone that does
not contain a GPS certification to meet the requirements set forth by the
Federal Communications Commission with regards to the Enhanced Emergency 911
Service.
6.YOUR RIGHTS FOR DROPPED CALLS: If you get disconnected
by our network from a call in your home airtime rate area, redial. If the same
number answers within 5 minutes, call IV Cellular Customer Relations Department
within 48 hours and we will give you a 1-minute airtime credit. IVC makes no
concessions for any dropped calls or interrupted service on other networks.
These are your only rights for dropped calls or interrupted service.
7.ACCESS NUMBERS: The Subscriber shall not have any
proprietary right in the Access Number(s) provided by IVC. IVC reserves the
right to assign, designate or change such Access Number(s) when in its sole
discretion, such assignment designation or change is reasonable or necessary in
the conduct of its business. A charge may be incurred for any subscriber
request to change their access number. The Subscriber shall not retain the
Access Number(s) provided by IVC for use with services provided by any other
cellular provider unless Subscriber should submit a Port Request and said Port
Request is in accordance to all porting terms and conditions set forth by the
Federal Communications Commission including but not limited to compliance with
regulated rate centers. Any subscriber submitting a port request that meets the
requirements set by the Federal Communications Commission shall be able to
retain the Access Number(s) provided by IVC for use with an authorized and
approved cellular provider. The Subscriber shall be responsible for all
contract terms and conditions with regards to any charges for service and
applicable early termination fees to any or all numbers ported to another
cellular provider. IV Cellular reserves the right to charge a $30 fee for
reactivation of any Access Numbers previously held by a subscriber based upon
availability.
8. USE OF SERVICE:
(a) the Service is furnished for use by
the Subscriber for any lawful purpose. An Access Number may be associated with
only one Cellular Mobile Radio Telephone. Applications, including those that
involve the start, a change or the discontinuance of the Service, will be
accepted by IVC only from the Subscriber. (b) The Service shall not be used to
make loud or profane expressions, to impersonate another person with fraudulent
or malicious intent, to call another person in any manner so as to annoy, abuse,
threaten or harass such other person, or for any purpose in violation of law, or
in such matter as to interfere unreasonably with the use of the Service by any
of IVC’s other subscribers.
9.DISCONNECTION AND TERMINATION OF SERVICE BY IVC FOR
CAUSE: (a) Upon non-payment of any sum due IVC or upon a violation of any of the
conditions governing the furnishings of Service, whether such non-payment or
violation is pursuant to this Agreement or any other agreement between the
Subscriber and IVC for the furnishing of cellular service, IVC may or may not,
by notice to the Subscriber in writing OR by telephone communication, without
incurring any liability to the Subscriber, either temporarily or permanently
terminate the furnishing of service to the subscriber at IVC’s sole discretion,
either in part or in whole. IVC may charge to reconnect service. (b) Where the
Subscriber’s Cellular Mobile Radio Telephone is used with the Service provided
by IVC in violation of any of the provisions herein, IVC will notify the
Subscriber and take such action as is necessary for the protection of the use of
the Service by its other subscribers on its facilities. The Subscriber shall
discontinue such use of the Cellular Mobile Radio Telephone or correct the
violation immediately and shall confirm in writing to IVC within five days
(following IVC’s given written notice) that such has ceased or that the
violation has been corrected. Failure of the Subscriber to discontinue such use
or correct the violation or to give the required written confirmation to IVC
within the time stated above shall result in disconnection of the Service to the
Subscriber, without any credit allowance as provided in SECTIONS 4 hereof, until
such time as the Subscriber complies with the provisions hereof. (c) Service may
be refused, discontinued or terminated without notice in the event the Service
is used in a manner that will adversely affect IVC or the appropriate
Partnership’s Service to any of its other subscribers or if it is determined by
IVC that the Subscriber’s Cellular Mobile Radio Telephone adversely affects IVC
or the appropriate Partnership’s Service to any of its other subscribers. (d)
The Subscriber will reimburse IVC for attorney’s fees, collections fees, court
costs, and similar expenses incurred by IVC in the enforcement of any right or
privilege hereunder. In addition, the Subscriber shall pay interest based on
the highest percentage allowed by law on any of the delinquent or unpaid charges
10.OUR RIGHTS TO LIMIT OR END SERVICE OR THIS AGREEMENT:
You agree not to use (or to permit your wireless phone to be used) for any
purpose that’s illegal, or not allowed by this agreement. WE CAN WITHOUT
NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR
ANY OTHER GOOD CAUSE, including, but not limited to (a) paying late more than
once in any 12 month period (b) incurring charges larger than a required deposit
or billing limit, including but not limited to charges not yet billed to the
subscriber (c) verbally or physically abusing our employees or agents, (d) lying
to us, (e) interfering with the IVC network, customer service, or business
operations; (f) becoming insolvent or going bankrupt; (g) breaching this
agreement; (h) “spamming”; “mail bombing”, or other abusive messaging; (i)
modifying your wireless phone from its manufacturer’s OR IV CELLULAR’S
programmed PRL’s, settings, or other specifications; (j) providing credit
information we can’t verify; (k) using your service in a way that adversely
affects service to other customers; or (l) allowing anyone to steal or tamper
with your wireless phone number. We can also temporarily limit your service for
any business or government reason.
YOUR BILL: Your bill is our notice to you of your fees,
charges and other important information. You should read everything in your
bill, including the explanation of your summary of charges. Your IVC Access
Number determines your 30-day bill cycle processing date. Some charges are
billed in advance. You can request a streamlined bill without call detail. We
may charge a fee for requests for bill reprints. You may direct all billing
inquires to the IV Cellular Customer Relations Department by either calling 611
from your cellular phone or by emailing
custsvc@ivcel.com. All emails will be answered the following business day.
HOW WE CALCULATE YOUR BILL: Your bill reflects the fees
and charges in effect under your calling plan at the time they’re incurred. You
can dispute your bill, but only within 90 days of receiving it. You must still
pay any disputed charges until the dispute is resolved. Payment arrangements
may be made upon request to the IV Cellular Credit Department. All agreed
payment arrangements are made solely to the discretion of the IVC Credit
Department and we reserve the right to temporarily disrupt your service until
unpaid balance is paid. Any temporary disruption to service to customers who
are under contract, whether voluntary or involuntary, are subject to termination
fees or extensions to the original contract for a period of time not to exceed
duration of the temporary disruption of service. This includes but is not
limited to payment arrangements and seasonal use of service. Voluntary seasonal
suspensions of service for subscribers under contract require a monthly service
fee per line.
CHARGES SET BY IVC: You agree to pay all access, usage and
other charges and fees we bill you or that the user of your wireless phone
accepted, even if you weren’t the user of your wireless phone and didn’t
authorize its use. This includes Cost Recovery of Mandated Programs and may
include other charges related to our governmental costs. We set these charges.
You may have to pay fees to begin service or reconnect suspended service. Usage
charges may vary depending on where, when, and how you call. When you call from
inside a local calling area to somewhere outside of it, or call from anywhere
outside a local calling area, there may be a toll or long distance charge in
addition to airtime. Directory Assistance calls are not covered under any
calling plan and may incur charges up to $3.00 each time you use it. All 800
numbers dialed from your IV Cellular phone will be charged airtime from your rate
plan package. Promotional minutes may be calculated as shareable between
accounts billed together and may increase the Subscribers allowable minutes. It
is the responsibility of the Subscriber to request the Promotional Minute
Shareable Feature. This feature only applies to IVC Shareable Rate Plans.
Individual or non-family Rate Plans do not share package minutes. Check the
rate sheet that was provided to you when you signed your agreement for the type
of Rate Plan you signed up for. Rate Changes are billable as soon as you use
your service after the requested change. Pro-rate charges and credits for the
difference in price on rate changes will also be billed or credited with the
next billing cycle after the change was made. Data subscriptions will be
billable unless you physically remove all downloads to your handset whether you
have the Data Feature or have cancelled it. SMS rate packages are prorated when
increasing or decreasing your SMS package and a charge or credit will be applied
to the next billing cycle after such change was made. All billing disputes for
any charges appearing on your bill need to be submitted to IVC Customer Service
by calling 611 from your cellular phone or by email to
custsvc@ivcel.com. IVC Selling Agents do not have the authority to make
billing adjustments. Please visit the IVC Website at
www.ivcel.com to view a description of all available IVC Rate Plans.
TAXES, FEES, AND SURCHARGES: You agree to pay all taxes,
fees, and surcharges set by the government. We may not always give advance
notice of changes to these items. If you are tax exempt, you must provide us
your exemption certificates and pay for any filings we make.
11. PAYMENTS, ONLINE PAYMENTS, CREDIT CARDS, AND CHECKS:
Payment is due in full as stated on your bill. If we don’t receive payment in
full when due, we may, to the extent permitted by the law of the state, charge
you a late fee of up to 1.5% a month (18 percent annually), or a flat $10.00 a
month, whichever is determined by the IV Cellular business practices in effect
at the time of delinquency. You may set up automatic bank draft from your bank
for your payment to automatically be withdrawn from your checking account on
each due date to ensure your bill is never delinquent. This is a free service
to you. Contact your selling Agent or IVC Customer Relations for set up of this
type of payment. You may be charged a credit card processing fee of $3.00 for
all payments made with a credit card. We may also charge for any checks
returned to us for insufficient funds and for any collection agency fees billed
to us for trying to collect from you.
ONLINE BILLING: Visit
www.ivcel.com to register to receive and/or pay your IVC bill online with
IVC’s FREE Online Billing Services or contact Customer Service by dialing 611
from your cellular phone or 800-438-4824 if you need assistance in subscribing
to our FREE ONLINE BILLING AND PAYMENT SERVICES.
12. LOST OR STOLEN PHONE FOR SUBSCRIBER STILL UNDER
CONTRACT: If the subscriber loses, sells, or has his/her phone stolen, the
Subscriber remains responsible for all cellular Service charges incurred prior
to the time the Subscriber notifies IVC of such equipment deposition. Once
Subscriber notifies IVC of lost or stolen phone, the following options to the
subscriber will apply: (a) the Subscriber may be provided with an IVC loaner
phone based on availability for a period not to exceed 15 days. On the 16th day
a customer in possession of an IVC loaner phone will have his service
temporarily suspended until either loaner equipment is returned and replacement
equipment is purchased by subscriber or an early termination request is made by
the Subscriber, which will incur an automatic early termination fee of $175. An
additional fee will also be charged for all loaner phones that are not
returned. (b) Subscriber may request to have Service suspended for a period not
to exceed 15 days. If on the 16th day, if the suspended Subscriber has not
replaced the lost or stolen equipment, the Subscriber will be reinstated in the IVC billing system to honor the terms and conditions of the agreement unless IVC
Corporate is notified by Subscriber to terminate service OR (c) Subscriber may
purchase either a new or refurbished phone from IVC. Termination of Service for
lost or stolen phones that are not replaced by the Subscriber and are still
under a signed agreement with IVC will incur an automatic termination fee of
$175.00, which will be applied to the final bill. (d) IVC customers covered
under the Wireless Protection Handset Insurance Plan (WPP) will automatically be
issued a loaner until their handset claim is fulfilled.
13. ASSIGNMENT: The parties agree that this Agreement may
not be assigned or transferred by the Subscriber, in whole or in part. IVC may,
however, upon 5 days written notice to Subscriber, assign all of its rights,
duties and obligations hereunder to an affiliate of IVC, to a partnership in
which IVC or affiliate has an interest or another bonafide cellular provider.
14. DIRECTORY INFORMATION: IV Cellular does not publish
directories of our customers’ phone numbers and therefore you will not receive a
telephone directory from IV Cellular. We do not provide or sell our customers’
phone numbers to third parties for listings in directories or for telemarketing
purposes.
15. YOUR PRIVACY: IVC has a duty under federal law to
protect the confidentiality of information about the quantity, technical
configuration, type destination, and amount of your use of our services,
together with similar information on your bills. (This does not include your
name, address, and wireless phone number.) Except as provided in this
agreement, we will not intentionally share personal information about you
without your permission. We may use and share information about you:
(a) in
order to provide our goods or services; (b) so others can provide goods or
services to us on your behalf; (c) so we or any of our affiliates can
communicate with you about goods or services related to the ones you already
receive. You may provide to us in writing authorized individuals, such as
family members or authorized business affiliates who may obtain your account
information. Written subpoenas by authorized law enforcement are required for
release of any and/or all call detail to anyone other than the account holder.
(d) The subscriber remains the only person able to make changes and/or discuss
their account(s) with IVC.
16. DISCLAIMER OF WARRANTIES: IV Cellular does not
manufacture equipment or software, and your only warranties and representations
with respect to equipment or software are those provided by the manufacturer
(with respect to which IV Cellular has no liability whatsoever).
17. TERMS AND CONDITIONS FOR ELIGIBILITY FOR EXCHANGES ON
HANDSETS: (a) ELIGIBILITY FOR DEFECTIVE HANDSET EXCHANGES - If the subscriber
experiences an electronic malfunction as a result of a manufacturing defect and
the defect occurs within the first year you own the phone, an IV Cellular Agent
will assist you in sending the phone to an authorized repair facility. If you
request IVC to assist you for repair of your original equipment, IVC may provide
you a loaner phone to use while your phone is away for repair. Loaner phones
may not be the same make or model as subscribers phone sent in for repair. All
loaner phones are subject to availability. The Subscriber who accepts an IVC
loaner phone may be charged for failure to return the loaner phone or return of
a damaged loaner phone. If a loaner phone is not available while your phone is
sent away for repair, the Subscriber may request to have service Suspended until
the repair is returned. Beyond the 12th month of ownership of the phone and
after the manufacturer warranty has expired, IVC will assess a fee for equipment
that is repaired due to electrical malfunction. The subscriber who is under a
contract agreement is responsible for purchasing replacement equipment at the
subscriber’s expense, for any and all replacement handsets that may be
non-repairable. If the subscriber chooses not to replace equipment and is under
contract, this will be determined as a breach in the contract and the account
will be terminated with an early termination fee that will be applied to the
subscribers account. (b) Within 3 days of purchasing a phone the subscriber
may
be eligible for an exchange. The following options for a Subscriber allowable
exchange are: (1) Equipment must be returned in original box in tact with all
components (phone, battery, instructions, in like new condition). (2) Phone
being returned for exchange must not have in excess of 100 minutes usage on the
phone. (3) All exchanges must be accompanied with the original customer receipt
and will only be granted to the purchaser whose name appears on the receipt.
ONLY (1) EXCHANGE PER CUSTOMER WILL BE ALLOWED. All returned equipment is to be
shipped back to IVC Corporate. The Subscriber will pay any price differences on
the price of equipment for subscribers whose equipment qualifies for a return or
exchanges. Refunds on exchanged or returned equipment that a Subscriber may be
eligible for, will be authorized and refunded according to the business rules
from the original purchased location. Subscriber will allow a maximum of 90
days for all refunds to be processed. This policy also includes accessories
purchased from a Wireless Solution Center or an authorized IV Cellular Agent
whose accessories are supplied by IVC. Purchases of any kind of equipment done
through the Internet Store are not covered under the IVC Exchange Policy.
18. NEGLECT, MISUSE, WATER OR MOISTURE DAMAGE: Phones
subjected to obvious neglect, misuse, water or moisture damage, above the normal
wear and tear are not covered under any manufacturer warranty nor are they
eligible for any of IVC’s return, exchange or LOANER PHONE programs.
Subscribers are required to purchase a new or refurbished phone (upon
availability) from IVC.
19. WAIVERS AND LIMITATIONS OF LIABILITY: Unless the law
forbids it in any particular case, we each agree to limit claims for damages or
other monetary relief against each other to direct damages. This limitation and
waiver will apply regardless of the theory of liability, whether fraud,
misrepresentation, breach of contract, personal injury, products liability or
any other theory. This means that neither of us will claim or seek any
indirect, special, consequential treble, or punitive damages from the other.
Failure on the part of either party hereto to exercise any right, power or
remedy hereunder shall not operate as a waiver thereof. IV Cellular may reserve
the right to make changes to your customer agreement as well as to our business
practices and procedures.
Revised 2-22-08 |