Important Customer Information
Prepaid Calling Plans
If you want to change from prepaid service to postpay service, any remaining funds in your account will be credited to your postpay account. We can’t give you any credit for transaction taxes you may have paid when depositing funds into your account, so you could end up paying the same taxes twice.
Your balance may not exceed $1,000 and you may be prevented from making payments to your account if it reaches $1,000.Minimum payment is $15; maximum payment is $600. When paying with a credit card maximum is $250. You may replenish up to 10 times or $600 in a rolling 30–day period. Transaction fees may apply for some methods of payment.
Liv Cellular Prepaid
If you are on a Prepaid Monthly Plan, you must have a sufficient account balance at the time of renewal to cover the Monthly Access in order to receive your plan benefits. Monthly Access will be charged on the same date each month, unless you have insufficient funds to cover the Monthly Access.
For connected calls, the part of the call that occurs prior to connection may be billed at a different rate than the part of the call that occurs after connection. Additional toll and long distance charges may apply.
Prepaid Customer Agreement
My Liv Cellular Customer Agreement
Thanks for choosing Liv Cellular. In this Prepaid Customer Agreement, you’ll find important information about your Service, including our ability to make changes to your Service or this agreement’s terms, our liability if things don’t work as planned and how disputes between us must be resolved in arbitration or small claims court. If you’re signing up for Service for a minimum contract term, you’ll also find information about that contract term and what happens if you cancel a line of Service early or don’t pay on time.
Your Service terms and conditions are part of this agreement. Your Plan includes your monthly allowances and features, where you can use them (your “Coverage Area”), and their monthly and pay–per–use charges. You can also subscribe to several Optional Services, like data add–on packages. Together, your Plan and any Optional Services you select are your Service.
How do I accept this Agreement?
You accept this Agreement by:
- Agreeing in writing, by email, over the phone, or in person;
- Opening a package that says you are accepting by opening it; or
- Activating your Service.
When you accept, you’re representing that you are at least 18 years old and are legally able to accept an agreement. If you’re accepting for an organization, you’re representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting, you are agreeing to every provision of this Agreement whether or not you have read it.
If you signed up for Prepaid Service, no refunds will be granted after 14 days or if your account has been activated. If you change your device or receive a Service Promotion, you may be required to change your Plan to one that we are currently offering at this time.
You consent to allow Liv Cellular and anyone who collects on our behalf to contact you about your account status, including past due or current charges, using prerecorded calls, email and calls or messages delivered by an automatic telephone dialing system to any wireless phone number or email address you provide. Liv Cellular will treat any email address you provide as your private email that is not accessible by unauthorized third parties. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide.
Can I take my wireless phone number to another carrier?
You may be able to take, or “port” your wireless phone number to another carrier. If you port a number from us, we’ll treat it as though you asked us to cancel your Service for that number. After the porting is completed, you won’t be able to use our service for that number, but you’ll remain responsible for all fees and charges through the end of that billing cycle, just like any other cancellation. If you’re a Prepaid customer, you won’t be entitled to a refund of any balance on your account. If you port a number to us, please be aware that we may not be able to provide some services right away such as 911 location services. You don’t have any rights to your wireless phone number, except for any right you may have to port it.
We will not publish your wireless phone number in any available directory or give it to anyone for that purpose, unless you ask us to.
Can Liv Cellular change this Agreement or my Service?
We may change prices or any other term of your Service or this agreement at any time, but we’ll provide notice first. If you use your Service after the change takes effect, that means you’re accepting the change. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
My wireless device
Your wireless device must comply with Federal Communications Commission regulations, be certified for use on our network, and be compatible with your Service. Please be aware that we may change your wireless device’s software, applications or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use your wireless device. By activation Service that uses a SIM (Subscriber Identity Module) card, you agree that we on the intellectual property and software in the SIM card, that we may change the software or other data in the SIM card remotely and without notice, and that we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. If you bought a wireless device for Postpay Service from Liv Cellular that doesn’t use a SIM card, and you want to reprogram it for use with another wireless network, the default programming code is set to “000000” or “123456.” But please note that your wireless device may not work with another wireless network, or the other wireless carrier may not accept your wireless device on its network. If you activate a 3G phone-in-the-box wireless device for Prepaid Service, it can only be used for Prepaid Service during the first six (6) months after activation. If you activate a 4G LTE phone-in-the-box wireless device for Prepaid Service, it cannot be used with any other service until it’s is first activated on Prepaid Service and the first monthly payment is made.
Where and how does Liv Cellular Service work?
Wireless devices use radio transmissions, so unfortunately you can’t get Service if your device isn’t in range of a transmission signal. And please be aware that even within your Coverage Area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage and weather.
How can I prevent unintended charges on my bill?
You agree to pay all access, usage and other charges that you or any other user of your wireless device incurred. If multiple wireless devices are associated with your account, you agree to pay all charges incurred by users of those wireless devices. Many services and applications are accessible on or through wireless devices, including purchases of games, movies, music and other content. Some of these services are provided by Liv Cellular. Others are provided by third parties that may offer the option to bill the charges to your Liv Cellular bill or other methods of payment. Charges may be one-time or recurring. The amount and frequency of the charges will be disclosed to you or the person using your device or a device associated with your account at the time a purchase is made. If the purchaser chooses to have the charges billed to your account, such charges will become part of the amount due for that billing cycle. Liv Cellular offers tools to block or restrict these services, and to block all billing for third–party services on your Liv Cellular bill.
Government taxes, fees and surcharges
You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
What are roaming charges?
You’re “roaming” whenever your wireless device uses a transmission site outside your Coverage Area, or uses another company’s wireless network. Sometimes roaming happens even when you’re within your Coverage Area. There may be higher rates and extra charges (including charges for long distance, tolls or calls that don’t connect) for roaming calls, depending on your Plan.
How does Liv Cellular calculate my charges?
For charges based on the amount of time used or data sent or received, we’ll round up any fraction to the next full minute or depending on how you’re billed for data usage the next full megabyte or gigabyte. For outgoing calls, usage time starts when you first press Send or the call connects to a network, and for incoming calls, it starts when the call connects to a network (which may be before it rings). Usage time may end several seconds after you press End or after the call disconnects. For calls made on our network, we charge only for calls that are answered, including by machines.
How and when can I dispute charges?
If you’re a Prepaid customer, you can dispute a charge within 180 days of the date the disputed charge was incurred. YOU MAY CALL US TO DISPUTE CHARGES ON YOUR BILL OR ANY SERVICE(S) FOR WHICH YOU WERE BILLED, BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING AN ARBITRATION OR SMALL CLAIM CASE REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL, OR SEND US A COMPLETED NOTICE OF DISPUTE FORM (AVAILABLE AT LIVCELLULAR.COM), WITHIN THE 180–DAY PERIOD MENTIONED ABOVE. IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 180–DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.
What are my rights for dropped calls or interrupted service?
If you drop a call in your Coverage Area, redial. If it’s answered within 5 minutes, call us within 45 days, and we’ll give you a 1-minute airtime credit. Please be aware that these are your only rights for dropped calls or interrupted Service.
About my payments
If you’re a Prepaid customer, you may replenish your balance at any time before the expiration date by providing us with another payment. Your balance may not exceed $1,000 and you may be prevented from replenishing if your balance reaches $1,000. We will suspend service when your account reaches the expiration date and any unused balance will be forfeited.
We may charge you up to $25 for any returned check.
What if my wireless device gets lost or stolen?
We’re here to help. It’s important that you notify us right away, so we can suspend your Service to keep someone else from using it.
What are Liv Cellular’ rights to limit or end service or end this agreement?
We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, if you are a Postpay customer, (f) pay late more than once in any 12 months; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven’t yet billed the charges); (h) provide credit information we can’t verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
Disclaimer of warranties
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network-related modifications, upgrades or similar activity.
If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third-party products. Liv Cellular is not responsible for any third-party information, content, applications, or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third-party products or services.
Please be aware that if you activated your wireless device through our Open Development program, we can’t vouch for the device’s call quality or overall functionality.
Waivers and limitations of liability
You and Liv Cellular both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others, or by any act of God. You also agree we aren’t liable for missed or deleted voice mails or other messages, or for any information (like pictures) that gets lost or deleted if we work on your device. If another wireless carrier is involved in any problem (for example, while you’re roaming), you also agree to any limitations of liability in its favor that it imposes.
How do I resolve disputes with Liv Cellular?
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH OF US.
YOU AND LIV CELLULAR BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS, AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
(2) UNLESS YOU AND LIV CELLULAR AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY. IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES FOR CONSUMER DISPUTES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (ADR.ORG), THE BBB (BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO LIV CELLULAR SHOULD BE SENT TO LIV CELLULAR DISPUTE MANAGER. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE’LL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, LIV CELLULAR WILL PAY THE FEE DIRECTLY TO THE AAA OR THE BBB. IF THAT ARBITRATION PROCEEDS, WE’LL ALSO PAY ANY ADMINISTRATION AND ARBITRATOR FEES CHARGED LATER, AS WELL AS ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY’S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO’S NOT DIRECTLY INVOLVED WITH THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU’D LIKE TO KNOW MORE, PLEASE CONTACT US AT LIVCELLULAR.COM OR THROUGH CUSTOMER SERVICES. IF YOU’D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TO LIVCELLULAR.COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANY TIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY YOU THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND LIV CELLULAR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND LIV CELLULAR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
About this agreement
If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You cannot assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.
If you’re a Prepaid customer and we send notices to you, they will be considered received immediately if we send them to your wireless device or to any email or fax number you’ve given us, or if we post them as a pre-call notification on your Service, or after three days if we mail them to the most current address we have for you.
If any part of this Agreement, including anything regarding the arbitration process (except for the prohibition on class arbitration as explained in part 8 of the dispute resolution section above), is ruled invalid, that part may be removed from this Agreement.
This Agreement and the documents it incorporates form the entire agreement between us. You can’t rely on any other documents, or on what’s said by any Sales or Customer Service Representatives, and you have no other rights regarding Service or this agreement. This agreement isn’t for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, predecessors and successors in interest. Except where we’ve agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws rules of that state.
Caution! Avoid Potential Hearing Loss:
Prolonged exposure to loud sounds (including music) can cause hearing loss. You should follow some commonsense recommendations when using any portable audio device:
- Use the lowest volume at which you can hear adequately.
- When using headphones, turn the volume down if you cannot hear the people speaking near you.
- Do not turn the volume up to block out noisy surroundings. Use noise-canceling headphones instead.
- Avoid using headphones after exposure to loud noises that might cause temporary hearing loss. Temporary hearing loss might cause unsafe volumes to sound normal.
- If you experience discomfort or temporary hearing difficulty while or after listening to a portable audio device, discontinue use. Consult your doctor if symptoms persist.
Safe driving is your responsibility and should always be your first priority. Never text while driving.
The National Highway Traffic Safety Administration (NHTSA) advises that the “safest course of action is to refrain from using a cell phone while driving” and that using a wireless phone may degrade driver performance even if you are using a hands-free device. Always know and comply with the law in your area on wireless device use while driving. For more information see www.nhtsa.gov (click on “Driving Safety” then on “Distracted Driving”).
Implantable Medical Devices:
A minimum separation distance of 6 inches should be kept between a wireless phone and an implantable medical device, such as a pacemaker or implantable cardioverter defibrillator, to avoid potential interference with the device. Persons who have such devices:
- Should not carry the wireless phone in a breast pocket.
- Should use the ear opposite the implantable medical device to maintain 6 inches of separation.
- Should turn the wireless phone OFF immediately if interference is suspected.
- Should read and follow the directions from the medical device manufacturer.
If you have questions about using your wireless phone with such a device, consult your health care provider.
See www.fda.gov for additional information (under “c” in the subject index, select Cell Phones > Interference with Pacemakers and Other Medical Devices).
This document as of April 1, 2016