Data / Broadband Terms and Conditions

The following terms and conditions of service (the “Terms”) govern your use of the Services. Please read them carefully as they describe you and our rights. Any current Illinois Valley Cellular document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the “Materials”) together with these Terms constitute our agreement with you (the “Service agreement”). If there is any inconsistency between the Materials and these Terms, these terms will prevail. No sales representative, dealer, agent, officer or employee of Illinois Valley Cellular has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These terms cannot be changed by you.

• Us, we, our IVC and Illinois Valley Cellular means the Illinois Valley Cellular entity named in the Service Agreement.
• Service or Services MEANS ANY OR ALL OF THE WIRELESS SERVICES, Internet access services, wireless device services, or other services that you subscribe to under this service agreement or receive from or through IVC.
• Equipment MEANS ANY DEVICE, EQUIPMENT OR HARDWARE USED TO ACCESS THE Services or used in conjunction with the Services, including services provided through a third party.

Your account information may , from time to time, be disclosed to other members of the IVC organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the IVC organization that my interest you. If you do not wish to receive offers or information from related IVC entities, please contact IVC at the address set out below.
Unless otherwise specified in the Service agreement, we may change, at any time, any charges features, content, programming, structure or any other aspects of the services, as well as any term or provision of the Service Agreement, upon notice to you. If you do not accept a change to these Terms, your sole remedy is to retain the existing Terms unchanged for the duration of the Commitment Period (as defined below), upon notice to us within 30 days of your receipt of our notice of changed in the terms. If you use the service after receipt of such notification, you have accepted the change and will be responsible for all charges incurred by you under the changes specified in your notification of change.
By entering into the Service Agreement, you:

• authorize IVC to obtain information about your credit history and agree that Illinois Valley Cellular may provide information to others about your credit experience with IVC;
• accept all provision of the Service Agreement, including those set forth in the Materials and these Terms;
• agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
• acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
• acknowledge that you have received and had the opportunity to review a copy of the Service agreement, including the Materials and these Terms;
• confirm that the information you have provided to us is up-to-date and accurate; and
• agree to notify us of any change in your information

1. Charges will commence on the date of the initial activation of the services or the Equipment, whichever is earlier (the “Activation Date”).
2. Unless otherwise agreed to by you and us, we will bill you monthly. We may bill you; however, for a charge up to six months from the date the charge was incurred.
3. You are liable for all charges to your account. Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.
4. If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of $15.00 a month. 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. Additional fees including attorney fees, court costs and an additional collection fee of 25% of the total owed will be paid by the account holder when and if account is sent to Collections. ONLINE BILLING Visit www.ivcel.com to register to receive and/or pay your IVC bill online. This is a free service. If you need assistance setting up your online account contact Customer Relations by dialing 611 from your cellular phone or 800-438-4824.
5. Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following:
   • Collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
   • Returned or rejected payments;
   • Change of any identifier (e.g., wireless device number); and
   • The restoral of Service

   A list of such charges is incorporated into these Terms by reference and can also be found at www.ivcellular.com.

6. When Roaming off IVC’s facilities (including voice, data and hotspot roaming), you will be responsible for all applicable IVC charges and will be subject to the limitations or conditions of service of the service provider of such roaming services.
7. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges.
8. Unless otherwise set out in the Materials, if you agree to subscribe to one of our plans or Services for a committed period of time (the “Commitment Period”), you may be subject to an early termination fee (ETF) for each Service. Any decrease in your Commitment Period may be subject to a fee. If your Service is terminated for any reason prior to the end of the Commitment Period, you will pay IVC an ETF as specified in the Service Agreement, plus taxes. Except for equipment that you have fully paid for, you may also be liable for an additional Termination Fee of up to $350.00.
9. If you are receiving any benefit as a result of your relationship with a third party (e.g., your employer), we may verify such relationship. If you become ineligible to receive such benefit for any reason (e.g., your employment is terminated or your employer becomes ineligible to receive the benefit) we reserve the right to transfer your Service to an alternate Service plan, as determined by us in our sole discretion.
10. Requests for Changes to your account (e.g., price plan, features or identifiers) will not take effect until after your next billing date. All data devices may require certain features and restricted rate plans. IVC reserves the right to automatically charge you without notice, for changes and/or omissions and errors of such features and rate plans when discovered.

Deposits; Credit Requirements

11. We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. You will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.
12. Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts held with IVC, if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.

Identifiers:

13. You do not own any identifier (e.g., telephone, account, PIN number; email, IP or Web page address; access code, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.

Acceptable Use

14. You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.
15. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies. We will provide you with notice of the Policies and of changes to the Policies. Our Acceptable Use Policy, available at www.ivcellular.com, is incorporated into these Terms by reference. In addition, when using certain services, you may be subject to additional terms (which may be posted from time to time) applicable to such Services and which are incorporated by reference into these Terms.
16. When using the Services, the Equipment or any products, content, applications or services used in conjunction with the services or Equipment, you must comply with all applicable laws and our Policies. We may suspend or terminate your Services, the service agreement and any other agreement for services you may have with any related IVC entity, without notice to you, if you engage in one or more of the activities prohibited by our Policies. In addition, you may be charged for any costs incurred by us or any related Illinois Valley Cellular entity in connection with your breach of the terms of this Section, including costs incurred to enforce your compliance.
17. Accordingly, Illinois Valley Cellular reserves the right to deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including but not limited to, after a significant period of inactivity, after sessions of excessive usage or if 50% or more of its data usage is off the Illinois Valley Cellular network in any 30 day period and otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flow. You may not send solicitations to Illinois Valley Cellular’s wireless subscribers without their consent. You may not use the Services other than as intended by Illinois Valley Cellular and applicable law. Illinois Valley Cellular may, but is not required to, monitor your compliance, or the compliance of other subscribers, with Illinois Valley Cellular’s terms, conditions, or policies.

Content

18. We do not own content that you make available for inclusion on the Services (including the Internet Services). However, with respect to content you make available for inclusion on publicly accessible areas of the Services, you grant us the following world-wide, royalty-free and non-exclusive licenses, as applicable.

    • With respect to photos, graphics, audio or video content: the license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and communicate by telecommunication such content on the Services solely for the purpose for which it was made available. This license exists only for as long as you elect to continue to include content on the Services and terminates when you remove or we remove such content from the Services.
    • With respect to all other content (other than photos, graphics, audio or video): the perpetual irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.
    • Publicly accessible” areas of the Services are those areas of the services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.
19. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment. We may also access or preserve content or information to comply with legal processes in other states or foreign jurisdictions, operate the services, ensure compliance with the Service agreement or any Policies, or protect ourselves, our customers or the public. We reserve the right to move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Service Agreement.

20. Equipment

    • Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that you will take reasonable care with such Equipment;
    • you may not sell, lease, mortgage, transfer, assign or encumber such equipment;
    • you may not re-locate such Equipment without our knowledge and permission; and
    • you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment is related.
    • If such Equipment is lost, stolen, damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
21. You authorized us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair or remove the Equipment or to maintain, investigate, protect, modify or improve the operation of our Services or our facilities.
22. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g. 911services) Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
23. Equipment Manufacturer Warranty: All Equipment, (including equipment that you have fully paid for), using services under this agreement are covered under a 1 year limited Manufacturer Warranty. Illinois Valley Cellular and their partners do not dictate Manufacturer Warranty coverage and are not subject to liability for any damage or misuse to equipment that is not covered under the manufacturer warranty.
24. Data Device Insurance: All Equipment, (including equipment that you have fully paid for) may be eligible for Handset/Data Device Insurance. Visit www.ivcellular.com for eligible devices and schedule of premiums and deductibles. Consumers will be required to sign a waiver stating they have declined insurance protection for their device and by signing such waiver, in the event the device is lost, stolen or damaged beyond the terms and conditions of the factory warranty, and the consumer will be responsible for the repair and/or replacement of wireless device in addition to the terms set forth in the signed service agreement. For questions or assistance filing claims please call the IVC Claims Center at 866-653-9797.
25. LOST OR STOLEN WIRELESS DEVICE FOR SUBSCRIBER STILL UNDER CONTRACT: If the subscriber loses, or has his/her device stolen, the Subscriber remains responsible for the Service charges per the terms of this agreement (See Equipment Replacement Policy) The Subscriber must notify IVC of such equipment deposition. Once Subscriber notifies IVC of lost or stolen device, the following options to the subscriber will apply: (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 device, 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 device from IVC. Except for equipment you purchased, termination of Service for lost or stolen devices that are not replaced by the Subscriber and are still under a signed agreement with IVC , will incur an automatic termination fee of up to $350.00. Equipment not purchased outright and/or being purchased or leased under any signed agreement , will incur a termination fee not to exceed the undiscounted retail price of the equipment in addition to the automatic termination fee of up to $350.00. These early termination fees will be applied to the final bill. (d) IVC customers covered under the Wireless Protection Device/Handset Insurance Plan (WPP) may be provided with loaner equipment, IF AVAILABLE.
26. TERMS AND CONDITIONS FOR ELIGIBILITY FOR EXCHANGES ON WIRELESS DEVICE - 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 wireless device to an authorized repair facility. If you request IVC to assist you for repair of your original equipment, IVC may provide you with loaner equipment to use while your device is away for repair. Loaner phones or devices provided by IVC may not be the same make or model or have the same functionality as subscriber’s device sent in for repair. All loaner equipment provided by IVC is subject to availability. The Subscriber who accepts an IVC loaner equipment may be charged for failure to return the loaner equipment or if returned damaged. If loaner equipment is not available while your equipment 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 equipment 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 wireless equipment or signing of customer service agreement, the subscriber may be eligible for an exchange. The following options for a Subscribers allowable exchange are: (1) Equipment must be returned in original box intact with all components (device, battery, instructions, in like new condition). (2) Data Devices being returned for exchange must not have in excess of 50 mobs data usage on the device. (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. (4) All exchanged equipment under this agreement will incur a restocking fee. The restocking fee does not include any discounts that may have been given with any promotions and will not exceed 20% of the original total retail price of the exchanged equipment. This fee will automatically be applied to the customer’s account.
27. Software Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take reasonable steps to protect such software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Service Agreement.

No Warranties; Limitations on our Liability

28. You acknowledge and understand that the Services or access to the services, including 911 or special needs services, may not function correctly, or at all, in the following circumstances:

    • if your Equipment fails, is not configured correctly or does not meet IVC’s requirements;
    • in the event of a network outage or extended power failure;
    • if you tamper with or, in some cases, move the Equipment; or
    • following suspension or termination of your Services or account.
29. Neither IVC nor their affiliates, licensors, suppliers and agents (and their respective employees, officers, directors and representatives) are responsible or liable to you for any content, applications or services provided to you or accessible by you through the Services, any charges incurred in connection with such content, applications or services or anything that is or can be done with such content, applications or services even if you are billed for such content, applications or services. All such content, applications or services is accessed or transmitted solely at your own risk.

30. To the maximum extent permitted by applicable law:

    • Neither IVC nor their affiliates, or partners guarantees or warrants the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”:.
    • You bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering connections or networks; and
    • Neither IVC nor any affiliates or partners makes any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for particular purpose, with regard to the Offering. All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information whether oral or written, obtained by you from IVC, or our agents, dealers or representatives, creates any term, condition, representation or warranty not expressly stated in the Service Agreement
    You are solely responsible for the following matters:
    • Any access to the Equipment;
    • Maintaining the security and privacy of your property and your transmissions using the services, the Equipment or our facilities or network; and
    • Protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.

31. Unless otherwise specifically set out in the Service Agreement, to the maximum extent permitted by applicable law, neither IVC nor IVC affililiates will be liable to you or to any third party for:

    • Any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; personal injury; death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
    • The denial, restriction, blocking, disruption or inaccessibility of any Services, including 911 or special needs services, Equipment or identifiers (including telewireless device numbers);
    • Any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • Any error, omission or delay in connection with the transfer of telewireless device numbers to or from another telecommunications service provider or any limitation connected thereto;
    • Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
    • any claims for damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

    These limits are in addition to any other limits on IVC’s liability or IVC affiliate liability set out elsewhere in the service Agreement and apply to any act or omission of IVC, IVC affiliates and their respective employees, officers, directors, agents and representatives, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

Confidentiality of your Information

32. CPNI (CUSTOMER PROPRIETARY NETWORK INFORMATION) AND 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) All IVC accounts must be password protected for access. Access to account information will be denied if the password is not provided. IVC is not liable for individuals that may gain access to account information by posing as an authorized user or account holder and providing account password for such access. (e) Unless provided in writing otherwise, the subscriber remains the only person able to make changes and/or discuss their account(s) with IVC. (f) Illinois Valley Cellular will notify the account holder in writing for all account passwords and address changes. (g) The subscriber remains the only person able to change Account Password. (h) All authorized users on accounts that are set up in the name of a Business have full access to all account information and may also make ANY account changes including changes related to CPNI. The authorized users of all Business Accounts are also responsible for notifying IVC of any changes or updates to personnel to be added or removed as authorized business account users. Illinois Valley Cellular will not be held liable for failure of such notification if disclosure of account access information or changes by individuals listed on the most recent authorization form to the Business account is made.

33. 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:

    • in order to provide you goods and services
    • so others can provide goods or services to us on your behalf
    • so we or any of our affiliates can communicate with you about goods or services
    • to you or any authorized individuals provided by you to IVC in writing, such as family members or authorized business affiliates who may obtain access to your account information Written subpoenas by authorized law enforcement are required for release of any and/or all service use detail including but not limited to text, content, call record detail. The subscriber and authorized individuals provided in writing by the subscriber are the only persons able to make changes and/or discuss their account(s) with IVC.
    Express consent to disclosure may be obtained as follows:
    • by written consent
    • by oral confirmation verified by an independent third party
    • by electronic confirmation via the Internet (only if email address requesting information has been provided, authorized and established in writing by account holder as email address on record for account to all such disclosures). Changes to authorized email addresses can only be made by the account holder. If the account holder is a business, authorized persons on the business account may also make these changes.
    • by oral consent, where an audio recording of the consent is retained by us; or
    • by consent through other methods, as long as an objective documented record of your consent is by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

    Personal information collected in connection with the provision of the Services may be stored and processed outside the State of Illinois and may be subject to the laws of other jurisdictions.

34. DISCONNECTION AND TERMINATION OF SERVICE BY IVC FOR CAUSE: This Agreement shall become effective on the date the Subscriber signs this Agreement. With this signed agreement you may receive a designated discount on equipment based on special promotional offers. No future discounts on equipment will be given under the terms of this agreement. IV Cellular reserves the right to change the discount (if offered) on equipment at any point in time (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 broadband 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 purchased or leased equipment and/or services provided by IVC are used 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 equipment and/or services 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 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 purchased or leased broadband equipment adversely affects IVC or the appropriate Partnership’s Service to any of its other subscribers. (d) IVC reserves the right to restrict, block, suspend or terminate any of all of your services or accounts, including mobile cellular services or identifiers in any way, without notice or liability to you, if:

    • You are in breach of the Service Agreement, including non-payment of your charges or non-compliance with any Policies;
    • You do not maintain Service usage within the prescribed credit limit;
    • You exceed reasonable usage limits, as determined by us;
    • You have given us false, misleading or outdated information;
    • We reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services or facilities by others;
    • You harass, threaten or abuse us or our employees or agents;
    • You fraudulently or improperly seek to avoid payment to us;
    • Bankruptcy or insolvency proceedings are instituted by or against you;
    • Any account or service on which your services depend is terminated for any reason; or
    • We reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
35. 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.
36. HOW WE CALCULATE YOUR BILL: Your bill reflects the fees and charges in effect under data broadband plan at the time they’re incurred. Once discovered, required features or services for certain data broadband devices that are inadvertently omitted will be automatically added to you bill without notice to you. 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 or lease agreement, 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 may be allowed at the sole discretion of IVC. Such voluntary suspensions will require the subscriber to pay a monthly service fee per device and may or may not be reduced from the original monthly service plan signed under this agreement.

37. CHARGES SET BY IVC: To begin service, on an IVC Data Device, an activation fee of up to $60.00 and not less than $36.00 may apply. Activation fees may be billed in 3 monthly installments beginning with the 1st month. You agree to pay all access, usage and other charges and fees we bill you or that the user of your wireless device accepted, even if you weren’t the user of your wireless device and didn’t authorize its use. This includes Cost Recovery of Mandated Programs and other charges related to expenditures associated with bringing new technologies, systems and interconnections to the consumer. We set these combined charges to be $1.50 to $3.00 per wireless access line. You may have to pay fees to reconnect suspended service. Usage charges may vary depending on where, when, and how you use your device. 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 including but not limited to disconnections, credits or other adjustments for service disputes. 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.
    • 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 flat late fee of $15.00 a month. 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.
    • 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.
    • 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).
    • 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 nor 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.
    • 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

Wireless Data and Broadband Terms of Service
Issued: 041410