Mobile Service Terms and Conditions

1. Signature

By signing this Agreement the Customer hereby agrees: i) to have read and understood Livenet Communications’ Critical Information Summary, Agreement page, Terms and Conditions and Pre-Authorized Debit Authorization (together the “Agreement(s)”); ii) to be bound by all terms and conditions contained in the Customer’s Agreement(s) hereto; and iii) responsibility for all charges incurred by the Customer and/or any other person using the Customer’s Services or device, in accordance with the terms of the Agreement(s). Thank you for choosing Livenet Communications.

By signing, the customer: i) confirms understanding of our documents; ii) agrees to all terms; and iii) accepts responsibility for all charges to the customer’s account.

2. Jurisdiction and Venue

Each party irrevocably agrees that any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter shall be subject to exclusive jurisdiction and venue in the courts of Bermuda.

All parties agree that any disputes related to this Agreement will be resolved exclusively in Bermuda's courts.

3. Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of the islands of Bermuda.

This agreement and any related disagreements or claims (including non-contractual ones) will be managed and interpreted based on the law of Bermuda.

4. Third Party Rights

This Agreement does not give rise to the rights of any third parties. No one other than a party to this Agreement shall have any right to enforce any of its terms.

This agreement doesn't grant any rights to third parties. Only the parties involved in this agreement can enforce its terms.

5. Force Majeure

Provided it has complied with this Clause 21, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (the “Affected Party”), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The Affected Party shall: As soon as reasonably practicable after the start of the Force Majeure Event, but no later than three (3) calendar days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement; and use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If an uncontrollable event stops a party from fulfilling this agreement, they won't be at fault if they've followed this clause. They have to notify the other party within three days and try to lessen the impact. Deadlines may be extended accordingly

6. Assignment

he Customer shall not assign or transfer any of its rights or obligations under this Agreement, without the prior written consent of Livenet Communications. Livenet Communications may at any time, assign or transfer its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party.

You can't transfer any rights or duties from this agreement without our written permission. However, we can transfer our rights or duties under this agreement to a third party at any time, and can also delegate our obligations to another party

7. Waiver

A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. No failure or delay by Livenet Communications in exercising, protecting or enforcing any of its rights, titles, interests or remedies provided under this Agreement or by law shall constitute a waiver thereof, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

If we decide not to use a right or solution we have under this agreement or the law, it must be in writing to count, and it doesn't mean we can't use it later on. If we don't immediately act on our rights, it doesn't mean we're giving them up, and we can still use them in the future. Also, if we only partially use a right or solution, it doesn't stop us from using it fully later.

8. Variation

Livenet Communications may amend this Agreement at any time, where required by applicable laws or regulations, by publishing the amendment online at www.livenet.bm

We can change this agreement anytime if needed by law or regulation. We'll post these changes online or send you a written notice. Any other changes to this agreement must be in writing and signed by everyone involved to be effective

9. Severability

If any provision or part-provision of this Agreement shall be held to be invalid, illegal or unenforceable in any jurisdiction, for any reason, then to the full extent permitted by law (a) all other provisions hereof shall remain in full force and effect in such jurisdiction or any other jurisdiction and shall be construed in order to carry out the intent of the parties as nearly as may be possible; (b) such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision hereof; and (c) any court or arbitrator having jurisdiction shall have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable law.

If any part of this agreement is found to be invalid or illegal, it won't affect the rest of the agreement, which will still apply as intended. Courts or arbitrators can adjust these questionable parts to make them legally acceptable.

10. Intellectual Property

Livenet Communications and its licensors shall retain ownership of all Intellectual Property Rights arising out of or in connection with the Services.

We, and our partners keep all rights to the creative work and ideas that come from or are linked to the services we provide

11. Data Protection

Personal information provided by the Customer to Livenet Communications shall be dealt with in accordance with Livenet Communications’s Privacy Policy, and the Personal Information Protection Act 2016 (“PIPA”), which explains what personal information is collected, how and why it is collected, stored, used and shared by Livenet Communications, the Customer’s rights in relation to their personal information and how to contact Livenet Communications to make a complaint about the use of personal information.

We handle customer personal data as per our Privacy Policy and the Personal Information Protection Act 2016.

12. Termination

The Customer may cancel or terminate Services by giving thirty (30) calendar days’ written notice to Livenet Communications. Livenet Communications reserves the right to reprioritize and/or suspend Services at any time with immediate effect by writing to the Customer. If the Customer’s usage is in the top one percent (1%) of users, Livenet Communications shall notify the Customer of said usage in writing. Customers that remain in the top one percent (1%) of users after notification may have their Services reprioritized and/or suspended. Livenet Communications reserves the right to terminate Services at any time with immediate effect by writing to the Customer if the Customer: fails to make payment to Livenet Communications for an invoice by its due date and also fails to make payment within ten (10) calendar days of receipt of a payment reminder from Livenet Communications; does not, within a reasonable time, provide Livenet Communications with information necessary for Livenet Communications to provide the Services; is the subject of a bankruptcy order, becomes insolvent, or makes any arrangement with or for the benefit of creditors; breaches Livenet Communications’s Acceptable Use Policy or Fair Usage Policy; or misuses the Services in accordance with the meaning of Misconduct as defined in Clause 3. On termination of all or part of the Agreement, for any reason, Livenet Communications shall issue an invoice to the Customer in respect of any Services supplied but not yet invoiced, which shall be payable by the Customer immediately on receipt. All payments for the billing month the Services are terminated shall become immediately due and payable. Any existing account balance, credit or unused Services (such as a prepaid service) shall not be refunded or credited back to the Customer.

You can cancel Livenet Communications services by giving us 30-days’ written notice. We can suspend or change service priority at any time, in accordance with our Throttling and Responsible Use Policy, especially for the top 1% of users. We can also terminate services immediately for reasons like late payment, lack of necessary information, bankruptcy, policy breaches, or misuse of services. Upon termination, all unpaid services are billed, and due immediately, and any unused credits or services won’t be refunded.

13. Notices

Any notice, or other communication, given to a party under or in connection with this Agreement shall be in writing and delivered by hand or sent by pre-paid first-class post, or sent by overnight courier service to the Customer at the address listed in the Order Form or, in the case of Livenet Communications at the address in Clause 2 above. Any notice, or communication shall be deemed to have been received in the case of: delivery by hand, on the date of delivery; delivery by pre-paid first-class post or other next Business Day delivery services, at 9:00 AM Atlantic Daylight Time (GMT-3) on the second Business Day after posting; and delivery by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume. This clause shall not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

All notices for this agreement must be written and can be hand-delivered, mailed, or couriered to the provided addresses. Notices are considered received on the day of delivery if hand-delivered, the second business day after mailing if posted, and at the time of transmission if emailed. This doesn't apply to legal proceedings or dispute solutions.

13. Limitation of Liability

Unless otherwise stated, Livenet Communications shall have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and retailer. Livenet Communications shall not be held liable for losses that cannot be attributable to any breach of this Agreement; losses which were unforeseeable at the time of the Effective Date; or any loss of Customer data, profits, business, costs, expenses, or any other form of financial loss. Nothing in this Agreement excludes or restricts the liability of either party for: death or personal injury resulting from negligence; or fraud or fraudulent misrepresentation.

Basically, we promise to be a reasonably competent mobile service provider. We won't be liable for unforeseeable losses or any financial losses on your end that aren’t our fault. But, if one of us is negligent, causing death or injury, or any fraud, that party can't dodge responsibility.

14. Billing

Livenet Communications’s Services may be billed differently. Livenet Communications shall invoice the Customer in respect of the Services at the time specified on the Order Form, or otherwise on the last Business Day of each calendar month (the “Billing Date”). Invoices shall be due six (6) calendar days from the Billing Date (the “Payment Due Date”). On the Billing Date, Livenet Communications shall automatically debit the billing amount to the credit card or debit card listed on the Customer’s Order Form. The Customer shall ensure there are sufficient funds to fulfill incoming debit amounts. For each invoice not paid in full by the Payment Due Date, and not under dispute, Livenet Communications may apply a late-payment charge (subject to applicable law). If the Customer disputes any amount of an invoice provided by Livenet Communications, that Customer shall write to Livenet Communications within ten (10) Business Days of the date of the invoice providing details of: i) the reason for dispute; ii) the amount disputed; and iii) any evidence to support the dispute. If Livenet Communications agrees that the disputed invoice is incorrect Livenet Communications shall: where the Customer has not yet paid the invoice, issue a corrected invoice; or where the Customer has already paid the invoice, apply credit in an amount equivalent to the overpaid amount to the Customer’s account. Any invoice which is not disputed in accordance to this Clause 11 shall be deemed to be fully accepted and payable by the Customer. Livenet Communications waives all liability in respect of otherwise disputed invoices that are not disputed in accordance with this Clause 11. If any invoice is not paid by the Payment Due Date, the Customer may be subject to credit collections by Livenet Communications or by any other third-party collection agency instructed by Livenet Communications. In the event of default, the Customer agrees to pay Livenet Communications its reasonable expenses, including attorneys and collection agency fees incurred in enforcing its rights under this Agreement.

We might bill our services in various ways, and we'll send an invoice either as per the billing schedule on your order form or on the last working day of the month. You've got six days from when you get the invoice to pay. If you don't pay on time and you're not disputing the bill, we might add a late fee. If something about your bill seems off, you need to let us know in writing within ten working days, giving us all the details. If we agree there's been a mistake, we'll either send you a corrected invoice or give you credit if you've already paid. Any invoice you don't dispute using these rules is considered accepted and due for payment, and we won't be responsible for any issues with invoices that aren't disputed this way. If you don't pay by the due date, you might have to deal with debt collectors and you agree to cover any reasonable costs we incur in doing so and trying to enforce this agreement

15. Credit Checks

The Customer hereby grants consent for Livenet Communications to obtain relevant credit information from consumer credit reporting agencies at any time and for any reason. Livenet Communications may also share information about the Customer’s credit worthiness with Livenet Communications affiliates, assignees, successors and service providers in accordance with the applicable Privacy Policy. Livenet Communications reserves the right to refuse to provide the Customer with Services or require an advance payment, a deposit, or other form of credit requirement if it is determined that the Customer may be a credit risk due to i) their credit rating, ii) insufficient credit history, iii) previous late payments, suspension, disconnection or restoral of Services, or iv) fraudulent or abusive use of any Services within the previous five (5) years.

As a customer, you're giving us permission to check your credit details with reporting agencies whenever necessary. They might share info about your creditworthiness with affiliated parties according to their Privacy Policy. If we deem you a credit risk due to factors like your credit rating, insufficient credit history, or past payment issues, we may refuse service or ask for an advance payment or a deposit before providing services.

16. Terms & Conditions

Roaming Availability: Livenet Communications offers international roaming in over 143 countries and territories. While roaming, users can use data, make calls, and send texts; certain features may vary by location, and service may only be available in some areas.
You can always check your plan for where the roaming is covered by contacting our 24/7 customer support line on 441-400-5983

Data Usage and Speeds: While travelling internationally, Livenet Communications typically provides high-speed data. However, the speed may be reduced after 12GB of data usage in a billing cycle (depending on your plan). After this threshold, speeds might slow down to 512kbps.

Network Availability: Roaming service relies on local carrier partnerships, and the quality of service may vary depending on the area. While Livenet Communications aims to offer fast speeds, network conditions in different countries may affect the experience.

Plan Requirements: Roaming is intended for short-term travel. Excessive or extended use may lead to service suspension as per our Acceptable Use Policy (AUP). Livenet Communications monitors long-term international usage and extended stays abroad, which could result in your account being flagged or service being limited.

Changes in Service: Livenet Communications reserves the right to change roaming terms, including available locations and pricing, at any time without prior notice.

This means that, when using Livenet Communications’ service internationally, you can access data, make calls, and send messages in over 143 countries, though there are some limitations: after 12GB of data in a billing cycle, speeds may be reduced to 512 kbps, and service quality can vary by region. Livenet Communications monitors long-term international usage and extended stays abroad, which could result in your account being flagged or service being limited. Livenet Communications also reserves the right to change roaming conditions, including locations and pricing, at any time, so it’s recommended to check the latest information before traveling.

17. Throttling and Responsible Use Policy

The Customer shall be entitled to use the Services for its own domestic residential usage only and shall not make the Services available in any way whatsoever to or for the benefit of any unauthorized person or third party. Under this Throttling and Responsible Use Policy, if a Customer’s usage under any Livenet Communications unlimited plan is not consistent with residential customer patterns and exceeds five hundred (100) GB of data or five thousand (1,000) minutes in one (1) calendar month, Livenet Communications reserves the right to transition the Customer to an alternative Services plan. Permanent roaming shall be strictly prohibited under the Throttling and Responsible Use Policy. Livenet Communications reserves the right to implement throttling measures on any Customer, where necessary to maintain network quality and fair use.

These services are meant for your personal home use only and can't be shared with unauthorized people or third parties. If you use an absolutely ridiculous amount of data or phone call minutes, we might reprioritize your traffic to make sure other customers have a great experience too. Permanent roaming is a no-go under the Throttling and Responsible Use Policy. Lastly, we reserve the right to reprioritize any customer's traffic to maintain network quality and fair use.

18. Access and Use of Services

Access and use of Livenet Communications Services is subject to the Customer’s review and acceptance of the terms and conditions of Livenet Communications’s following policies: Acceptable Use Policy; Fair Use Policy; and Throttling and Responsible Use Policy.

Using Livenet Communications services means you've read and agreed to our Acceptable Use, Fair Use, and Throttling and Responsible Use policies.

19. eSIMs

A Livenet Communications eSIM provides the Customer with access to the Livenet Communications network and Livenet Communications Services. Existing Livenet Communications Customers shall undertake to transfer, store or back-up all data stored on the Customer’s physical Sim card prior to converting to an eSIM. Livenet Communications shall not be held responsible or liable for any data that is lost, corrupted or damaged during a transfer from a physical Sim to an eSIM. Existing Customers shall retain their phone number during the transfer. New Customers shall be issued a new mobile number. Livenet Communications reserves the right to discontinue and reassign a Customer’s phone number if the number has been terminated by Livenet Communications or the Customer and remains terminated for three (3) months or more.

Our eSIMs grant you access to the Livenet Communications network and services. If you're already a Livenet Communications customer and want to switch from a physical SIM to an eSIM, you'll need to back up your data before the switch, as we are not responsible for any lost or damaged data during transfer. Your phone number stays the same if you're an existing customer, but new customers get a new number. Be aware, we can discontinue and reassign your number if it's been terminated for three or more months.

20. Post Paid Service Plans

Post paid plans are Services which include monthly allotments for local voice, messaging and/or data services (“Post Paid Services”). Metered plans, such as the Essentials Plan, include unmetered calling to and from local Bermuda phone numbers; unmetered SMS to and from other Livenet Communications numbers; voicemail; call forwarding, call waiting; group calling; call display; and up to 10GB of mobile data usage at full speed, after which mobile data speeds will be reduced to no faster than 512 Kbps until the end of that plan month. Unlimited plans, such as the Data Freedom Plan, include the same collection of services, except mobile data is unmetered. Calls to nine hundred (900) numbers, directory assistance, operator services, toll-free calling services, and commercial facsimile, roaming, among others shall not be included in metered or unmetered plans. Messages sent from or received on other devices that utilize data services on Livenet Communications networks, including but not limited to tablets, laptops, smart watches, shall be treated as data usage on the network. If the Customer’s device is not supplied by Livenet Communications it may be locked to another network and the Customer may need support from their previous network provider and/or device manufacturer to unlock it. Unless the Customer uses the Services with iPhone 12 or newer and iPhone SE devices manufactured in the year 2023 or later. Samsung Galaxy A14 5G or newer and Google Pixel 6 or newer. Livenet Communications makes no guarantee that the Services are or shall be compatible (partly or in full) with the Customer’s device.

Postpaid plans offer metered and unmetered goodies: voice, messaging, and data services each month. They don’t cover certain types of calls like those to 900 numbers, directory assistance, operator services, toll-free calling services, and commercial fax, among others. Also, heads up, using your phone as a WiFi access point and connecting other devices--like tablets, for example--to that wifi sharing (A.K.A. "tethering" or "hotspotting") on our network will count as data usage but it won't cost you any extra. If your device wasn't provided by us, it could be locked to another network, and you may need help from them or the device maker to unlock it. Also, unless you're using an iPhone 12 or newer, or an iPhone SE made in 2023 or later, Samsung Galaxy A14 5G or newer and Google Pixel 6 or newer we can't guarantee complete compatibility with our services.

21. Right to Cancel

The Customer has the right to cancel this Agreement within fourteen (14) days without giving reason (the “Cancellation Period”). The Cancellation Period shall expire fourteen (14) calendar days after the latest of: i) the date the Services commence; or ii) the date Livenet Communications accepts the Customer’s Order Form. To exercise the right to cancel, the Customer must notify Livenet Communications of the intention to cancel the Agreement by writing before the end of the Cancellation Period. Upon notice, Livenet Communications shall reimburse the Customer for all payments received from the Customer, using the original payment method not later than fourteen (14) Business Days after receipt of notice.

You've got 14 days to cancel this agreement, no questions asked. The countdown starts from either the day the services kick off or the day we accept your order form, whichever comes later. Just drop us a written note before the two weeks are up, and we'll refund any payments we've received from you within 14 business days.

22. Term

The Agreement shall commence on the Effective Date and shall continue unless it is terminated in accordance with Clause 14. Commencement of this Agreement shall be subject to the Customer’s passing of credit checks. The Customer hereby consents to the collection and disclosure of the Customer’s credit and payment history with other credit grantors for this purpose. Livenet Communications may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies while this Agreement is ongoing

This agreement starts on the effective date and lasts until it's terminated per Clause 14. It kicks off once you pass our credit checks, which you're okay with us doing. We might also run additional checks during our agreement to manage risk, collect debts, and prevent fraud.

23. Definitions

The following definitions shall apply in this Agreement:

Acceptable Use Policy means Livenet Communications’s Acceptable Use Policy which can be accessed by visiting www.livenet.bm.

Business Day means a day other than a Saturday, Sunday or a public holiday in Bermuda, when banks in Bermuda are open for business;

Business Hours means 9:00 AM to 5:00 PM Atlantic Daylight Time (GMT-3) Monday to Friday on a day that is not a public holiday in Bermuda;

Customer means the party identified as the Customer on the Order Form;

Effective Date means the date upon which:

i) Livenet Communications accepts the Customer’s Order Form; or
ii) Livenet Communications begins to provide the Services in respect of that Order Form, whichever is earlier;

Fair Usage Policy means Livenet Communications’s Fair Usage Policy which can be accessed by visiting www.livenet.bm;

Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; Nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; collapse of buildings, fire, explosion or accident; any labor or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service;

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all; applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

Misconduct means any conduct by the Customer or of any other user of the Customer’s Services including, without limitation, conduct that violates this Agreement or Livenet Communications’s Acceptable Use Policy; abusive, threatening or unreasonable conduct towards Livenet Communications employees or representatives; abusive, fraudulent or unlawful use of the Services; providing false or misleading information about the Customer and any other users of the Services, including inaccurate information related to creditworthiness; use of the Services that infringes existing intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive or illegal materials; unauthorized reselling of Services; trespass on Livenet Communications networks or any equipment owned by Livenet Communications; or use of a Livenet Communications SIM card for commercial gain;

Order Form means a document provided to the Customer describing the services to be provided by Livenet Communications, the timetable for their performance and any other related matters; Privacy Policy means Livenet Communications’s Privacy Policy which can be accessed by visiting https://Livenet.bm .

These are some terms you'll need to understand as part of this agreement

24. Company Information

Livenet Communications is a limited company registered in Bermuda with the Registration No. 31973 whose registered office is 1 Burnaby Street, Hamilton, HM 12 Bermuda. The Customer may contact LiveNet by writing to the customer service team at support@livenet.bm and by visitingwww.livenet.bm or by telephoning +1 (441) 400-5983. Livenet Communications may be contacted during the business hours 9:00 AM - 6:00 PM Monday to Friday; and 10:00 AM to 3:00 PM weekends.

This is who we are, when, where, and how to contact us.