Terms and Conditions
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 Illinois Valley Cellular. Be sure to also review the Customer Information Overview provided to you at the time of acceptance to this agreement.
CALLING PLANS, RATES AND CHARGES 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 Illinois Valley 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, alter your service, or disqualify you from your current rate plan and transfer any customer to a plan that does not include nationwide roaming if LESS than 50% of your usage is on the Illinois Valley Cellular Network OR if more than 1000 MB of data usage is accumulated off of 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.
CARRYOVER MINUTES RATE PLANS: Carryover Minutes are described as unused Monthly Service Rate Plan Minutes. Carryover minutes accumulate on a month to month basis. Carryover Minutes will expire in the 12th month from which they were applied. Lowering minute packages or Rate changes made to accounts that reduce the package minutes or lower the price of the monthly service charge in which the carryover minutes were applied, will result in the expiration of accumulated carryover minutes. Termination of Service on individual lines within a multi-line account that have accumulated carryover minutes will also result in the expiration of Carryover minutes held within the account. Carryover minutes are non-transferrable to other accounts or to Rate Plans that are not Carryover Rate Plans and may only be retained when increasing the minutes of a Carryover Calling Plan. Carryover Minutes are summarized on your bill under the heading Promotional and Carryover Minutes Summary. Carryover Minutes are not used unless the subscriber goes over the Calling Plan Minutes. Carryover Minutes are used before any available promotional minutes. Promotional and Carryover Minutes are totaled together but are not the same. Promotional Minutes do not expire and are non-transferrable.
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
- 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: Illinois Valley Cellular 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 Illinois Valley Cellular on behalf of the appropriate Partnership and any Service Application submitted by the Subscriber and accepted by Illinois Valley Cellular.
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 may 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. Illinois Valley 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 (15) 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 (15) 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 15 day trial period for Service on any renewals of a signed agreement, add on lines, or purchase of equipment. (d) If for any reason service is terminated prior to the signed contract agreement end date, the subscriber will be liable for up to $350 early termination fee. The maximum early termination fee may be prorated based on the length of time left on the contract and customer will be responsible for full activation fee charges (if applicable).
2. DUTIES OF Illinois Valley Cellular: Illinois Valley Cellular will provide Domestic Public Cellular Mobile Telecommunications Services in the U.S. and Canada based on Illinois Valley Cellular 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.
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 AND 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 known as Illinois Valley Cellular’s 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 Illinois Valley Cellular 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 Illinois Valley Cellular 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 Illinois Valley Cellular and the appropriate Partnership to any of its subscribers. (d) Illinois Valley 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 Illinois Valley Cellular handset on a non-supported website or browser.
5. LIMITATION OF LIABILITY: The sole liability of Illinois Valley Cellular 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:
- A credit allowance will be made, at the Subscriber’s request, in the form of a pro rated adjustment of the fixed monthly service charges billed to the Subscriber as the full and complete liability of Illinois Valley Cellular 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.
- 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 Illinois Valley Cellular. No adjustments shall be earned by accumulating periods of non-continuous interruption.
- In no case will the credit exceed the fixed monthly charges and Illinois Valley Cellular and the appropriate Partnership has no other liability for such mistakes, omissions, interruptions, delays, errors or defects in the service.
- 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.
- In no event shall Illinois Valley Cellular 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 Illinois Valley Cellular’s control, including but not limited to the causes described in Section 2 hereof.
- In no event shall Illinois Valley Cellular or the appropriate Partnership be liable for failures, mistakes, delays, or curtailments of the 911Emergency service regardless as to the cause. The liability of Illinois Valley Cellular and the appropriate Partnership in connection with the service provided by the appropriate Partnership is subject to the foregoing limitations and Illinois Valley Cellular and the appropriate Partnership make no warranties of any kind, expressed or implied, as the provisions of such service. Illinois Valley Cellular 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 Illinois Valley Cellular Customer Relations Department within 48 hours and we will give you a 1-minute airtime credit. Illinois Valley Cellular 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 Illinois Valley Cellular. Illinois Valley Cellular 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 Illinois Valley Cellular for use with services provided by any other cellular provider unless the 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 Illinois Valley Cellular 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. Illinois Valley 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 Illinois Valley Cellular 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 Illinois Valley Cellular’s other subscribers.
9. DISCONNECTION AND TERMINATION OF SERVICE BY Illinois Valley Cellular FOR CAUSE: (a) Upon non-payment of any sum due to Illinois Valley Cellular 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 Illinois Valley Cellular for the furnishing of cellular service, Illinois Valley Cellular 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 Illinois Valley Cellular’s sole discretion, either in part or in whole. Illinois Valley Cellular may charge to reconnect service. (b) Where the Subscriber’s Cellular Mobile Radio Telephone is used with the service provided by Illinois Valley Cellular in violation of any of the provisions herein, Illinois Valley Cellular 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 Illinois Valley Cellular within five days (following Illinois Valley Cellular’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 Illinois Valley Cellular 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 Illinois Valley Cellular or the appropriate Partnership’s service to any of its other subscribers or if it is determined by Illinois Valley Cellular that the Subscriber’s Cellular Mobile Radio Telephone adversely affects Illinois Valley Cellular or the appropriate Partnership’s Service to any of its other subscribers. (d) The Subscriber will reimburse Illinois Valley Cellular for attorney’s fees, collections fees, court costs, and similar expenses incurred by Illinois Valley Cellular 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 Illinois Valley Cellular 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 Illinois Valley 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 Illinois Valley Cellular 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 Illinois Valley Cellular Customer Relations Department by either calling 611 from your cellular phone or by emailing firstname.lastname@example.org. 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 Illinois Valley Cellular Credit Department. All agreed payment arrangements are made solely to the discretion of the Illinois Valley Cellular 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 Illinois Valley Cellular: To begin service, an activation fee of $36.00 may apply. An activation fee of $24.00 may apply for combo lines. 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 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 $5.00 per line. You may have to pay fees to 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 Illinois Valley 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 Illinois Valley Cellular 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 may 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. Texting (SMS) packages may be prorated when increasing or decreasing your SMS package and a charge or credit may 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 Illinois Valley Cellular Customer Service by calling 611 from your cellular phone or by email to email@example.com. Illinois Valley Cellular Selling Agents do not have the authority to make billing adjustments. Please visit the Illinois Valley Cellular website at www.ivcel.com to view a description of all available Illinois Valley Cellular 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 $25.00 a month, whichever is determined by the Illinois Valley 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 Illinois Valley Cellular 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 Illinois Valley Cellular bill online with Illinois Valley Cellular’s FREE Online Billing Services or contact Customer Relations by dialing 611 from your cellular phone or 800-438-4824
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 Illinois Valley Cellular of such equipment deposition. Once Subscriber notifies Illinois Valley Cellular of lost or stolen phone, the following options to the subscriber will apply: (a) the Subscriber may be provided with an Illinois Valley Cellular loaner phone based on availability for a period not to exceed 15 days. On the 16th day a customer in possession of an Illinois Valley Cellular 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 up to $350. 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 Illinois Valley Cellular billing system to honor the terms and conditions of the agreement unless Illinois Valley Cellular Corporate is notified by Subscriber to terminate service OR (c) Subscriber may purchase either a new or refurbished phone from Illinois Valley Cellular. Termination of service for lost or stolen phones that are not replaced by the Subscriber and are still under a signed agreement with Illinois Valley Cellular will incur an automatic termination fee of $350, which will be applied to the final bill. (d) Illinois Valley Cellular 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. Illinois Valley Cellular may, however, upon 5 days written notice to Subscriber, assign all of its rights, duties and obligations hereunder to an affiliate of Illinois Valley Cellular, to a partnership in which Illinois Valley Cellular or affiliate has an interest or another bonafide cellular provider.
14. DIRECTORY INFORMATION: Illinois Valley Cellular does not publish directories of our customers’ phone numbers and therefore you will not receive a telephone directory from Illinois Valley 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: Illinois Valley Cellular 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 Illinois Valley Cellular.
16. DISCLAIMER OF WARRANTIES: Illinois Valley 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 Illinois Valley 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 Illinois Valley Cellular Agent will assist you in sending the phone to an authorized repair facility. If you request Illinois Valley Cellular to assist you for repair of your original equipment, Illinois Valley Cellular 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 Subscriber’s phone sent in for repair. All loaner phones are subject to availability. The Subscriber who accepts an Illinois Valley Cellular 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, Illinois Valley Cellular 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. (4)All exchanged handsets/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 handsets/equipment. This fee will automatically be applied to the customer’s account.
ONLY (1) EXCHANGE PER CUSTOMER WILL BE ALLOWED. All returned equipment is to be shipped back to Illinois Valley Cellular 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 Illinois Valley Cellular Agent whose accessories are supplied by Illinois Valley Cellular. Purchases of any kind of equipment done through the Internet Store are not covered under the Illinois Valley Cellular 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 Illinois Valley Cellular’s return, exchange or LOANER PHONE programs. Subscribers are required to purchase a new or refurbished phone (upon availability) from Illinois Valley Cellular.
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 nor seek any indirect, special, consequential treble, or punitive damages from the other. Failure on the part of either party to exercise any right, power or remedy here under shall not operate as a waiver thereof. Illinois Valley Cellular may reserve the right to make changes to your customer agreement as well as to our business practices and procedures.
20. NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service)
Illinois Valley Cellular has chosen to offer wireless emergency alerts within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all devices or in the entire service area, or if a Subscriber is outside of the Illinois Valley Cellular service area. For details on the availability of this service and wireless emergency alert capable devices, please ask a sales representative, or go to Illinois Valley Cellular.
Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service)
21. LOCATION INFORMATION
Your wireless device can determine its (and your) physical, geographical location (“location information”) and can associate location information with other data. Additionally, certain applications, services and programs are capable of accessing, collecting, storing and using location information and disclosing location information to others. You should use caution when determining whether or not location information should be made available to others and you should review any applicable third party privacy policies before providing access.
22. NETWORK MANAGEMENT PRACTICES
Illinois Valley Cellular shall make available public information on its website (http://www.ivcel.com) regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services. Illinois Valley Cellular will not unjustly or unreasonably prevent or interfere with competition among Content, Applications, Service, or Device Providers.
Network Security and Congestion Management
Illinois Valley Cellular uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
Illinois Valley Cellular reserves the right to prioritize traffic based on real time and non-real time applications during heavy congestion periods based on generally accepted technical measures. Illinois Valley Cellular sets speed thresholds on the amount of data you as a customer can upload and download within stated time periods. If you exceed these thresholds, Illinois Valley Cellular will temporarily limit the speed at which you can send and receive data over the Illinois Valley Cellular access network. Illinois Valley Cellular may use other traffic management and prioritization tools to help ensure equitable access to the Illinois Valley Cellular network for all customers.
Illinois Valley Cellular monitors customer usage to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday. During peak usage times, priority is given to applications such as browsing, email, streaming, instant messaging, gaming and VoIP.
Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware/software. Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. Illinois Valley Cellular may seek criminal charges against those who inflict network malice. Illinois Valley Cellular may also attempt to recover costs incurred from network malice.
It is not acceptable to use the Illinois Valley Cellular network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services, which include but are not limited to:
- Attempting to obtain unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks.
- Attempts to interfere with the Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host.
- Reselling any Illinois Valley Cellular Internet Services, without Illinois Valley Cellular’s written consent.
- Distribution of Illinois Valley Cellular Internet Services beyond the scope of your end-user account.
- Equipment, accessory, apparatus, circuit or devices that are harmful to the network, shall not be attached to or connected with Illinois Valley Cellular facilities.
- Circumventing copyright laws and regulation, including the unauthorized download of music, video, images, books, software or content and/or other copyright protected works.
- Illinois Valley Cellular provides Spam filtering with each customer’s email address. Details of this service are listed on Illinois Valley Cellular’s website. Illinois Valley Cellular will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
23. EVDO PERFORMANCE CHARACTERISTICS (3G – CDMA EVDO Rev A) – The expected access speeds in the CDMA Rev A network range from (.4) Mbps to (.7) Mbps, however, during peak times, typically late afternoons and evenings, the average speed may be reduced. The connection speed is approximately 15 times the speed of a dial up connection. While on Illinois Valley Cellular’s network speeds may be up to 700 Kbps. During peak times, typically late afternoons and evenings, the average speed may be reduced.
24. MOBILE WIRELESS DEVICE UNLOCKING- Illinois Valley Cellular reserves the right to decline an unlock request if we have reason to believe the request is fraudulent or the device is stolen. Illinois Valley Cellular will accept unlock requests for the following:
- Deployed Personnel - Illinois Valley Cellular will unlock mobile wireless devices for deployed military personnel who are customers in good standing upon deployment papers.
- Prepaid Devices- Illinois Valley Cellular will unlock prepaid devices no later than one year after initial activation and no sooner than 100 days after activation date, consistent with reasonable time and payment requirements (if applicable).
- Post Paid Devices- Illinois Valley Cellular will unlock postpaid devices or provide the necessary information to unlock devices for our customers and former customers in good standing and individual owners of eligible devices after the fulfillment of the applicable service contract, device financing plan or payment of applicable early termination fee.