Bell Mobility terms of service

Terms of Service are part of the Service Agreement you entered into with Bell Mobility Inc. (referred to as “Bell,” “we, “us” or similar designation) for the Device you use and Services we provide.

IMPORTANT: By entering this Agreement you authorize Bell to contact you to provide account information, including telemarketing messages related to your account, through messages delivered via automated dialling and announcing devices to you at the number of your mobile Device listed on the Service Agreement, and/or at the other contact numbers listed there or which you provide to Bell from time to time. Some Services, applications and content are available only in English.

Definitions
Service Limitations
Pricing: Pay-Per-Use Fees; Device Upgrades
Protection of your privacy
Sharing of Information
Your telephone number and identifiers
Transferring Your Number to Bell; Another Service Provider
Warranty
Updates
Pre-Authorized Payment: Credit Limit: Security Deposit
Charges and Payments
Prepaid Service
Transferring responsibility
Loss or theft
Use of service
Monitoring
Indemnity
Licenses
Changes to this Agreement and the Service
Ending your Agreement and Services
Limits on our Liability
Notices
Additional Conditions for Smart/Phone Care Plan ("SPC")
Return Policy
General
Agree and Activate
To Contact Us

1. Definitions

Service Commitment Period (SCP): The 12, 24 or 36 month period, or any other period we offer and you choose to commit to in order to receive a discount on your Device, and/or other promotion.

Device: Any wireless device to be used with the Services, including a mobile phone, pager, smartphone, tablet, wireless modem, Turbo Stick, or other wireless Internet stick or connection card, or SIM (Subscriber Identity Module) card.

Service(s):Any wireless voice, data or other services provided by or through Bell, including monthly access, plans, airtime, data usage, 911 services (provision of emergency call routing), voicemail, call display, long distance, roaming, paging, text, picture, video or other messaging, content, downloads, applications, streaming, browser usage, Internet access, Wi-Fi hotspot usage, wireless payments, number transfers, customer support and account administration (such as for account changes, NSF cheques, service reinstatement and collection efforts).

Term: The period starting on the date Service is activated for a Device and ending on the termination of this Agreement.

2. Services Limitations

Services are available in Bell's and its roaming partners' coverage areas on compatible Devices where enabled and technology permits. Bell and its roaming partners may, without notice, change the network or coverage areas, and change or end roaming relationships, and are not liable for any resulting changes in your ability to use the Services or the Device. Your selected rate plan and some Services (including 911 services) may not work with all devices into which you insert a Bell SIM card. You are responsible (a) to ensure your Services and plan are compatible with any device (whether provided by Bell or not), and (b) for charges that arise if they are not, or if you change the settings of your device or SIM card. Only Bell-issued SIM cards can be activated on Bell's network. A different rate plan may apply if you move to another province. Bell may restrict access to certain Services if you do not subscribe to a rate plan or feature that includes them. Data-only devices such as tablets, wireless modems and Turbo Sticks do not provide access to 911 services. For smartphone or phone users, emergency call routing with enhanced capabilities (known as e911 phase 2), which enables emergency services to more accurately determine the location of a caller, are available in Bell coverage areas where technology permits. Visit bell.ca/e911 for details. Bell does not guarantee Services will achieve peak speeds, including those you pay extra for in order to attain higher speeds. Actual speeds vary due to network availability, environmental and other factors. If you share airtime or other Services with other subscribers on your account through a Share Plan, these shared Services are pooled and made available to the subscribers on a first come, first serve basis, so a given subscriber may not receive all Services in his/her monthly plan if they are used first by others. Certain Services in a Share Plan cannot be shared. Total amount of Services available for sharing at any given time depends on the size of the group and each Share Plan. At least two users must be activated on a Share Plan. By entering into this Agreement, you are currently enabled to subscribe to an optional mobile payment service provided through Bell. Not all Services can be blocked.

3. Pricing; Pay-Per-Use Fees; Device Upgrades.

If you no longer qualify to receive certain Services at the fees offered to you (e.g., a corporate plan, if your employment ends) then you agree Bell may transfer you to a comparable Service and plan, at the appropriate fees for which you qualify. All Services not expressly included in your Rate Plan or selected features (or which exceed the bundle of services you selected) are "Pay per use" services. Rates for pay per use services are posted on relevant pages of www.bell.ca/mobility from time to time or notified by other means, and your use of these Services means you agree to pay those rates plus applicable taxes. Before roaming or sending international text messages, check current rates on bell.ca/text. Premium and short code messages are billed at a premium rate and/or outside your text messaging bundle. Out of bundle air time rate varies with your plan. You are charged for data transmissions from or to your Device. If you subscribe to a data plan/feature, you will pay additional per kilobyte or per megabyte rates as set out in the plan, for any data usage in excess of that included in the monthly data plan. If you do not subscribe to a data plan/feature, you will pay the greater of then-current pay-per-use data fees or $0.05/KB. Subscription to a data plan/feature includes on-device data transmission only unless otherwise specified in your plan. IF YOU USE A DEVICE AS A MODEM OR TETHER WITHOUT AN APPROPRIATE DATA PLAN FOR THIS ACTIVITY YOU WILL PAY THE GREATER OF THE THEN-CURRENT PAY-PER USE TETHERED DATA FEE OR $15.00 PER MEGABYTE. Additional fees may apply to long distance Services outside your local area. Visit bell.ca/coverage for details. Airtime and long distance charges may apply for call forwarding usage. International long distance calling and international roaming are not activated with the Device but can be activated by contacting Client Care at 1 800 667-0123. The first bill may differ from charges listed on the Service Agreement due to proration, and any discounts you may be eligible for will not be shown. All fees are subject to applicable taxes. The Provincial Government 911 fee (if any) is a mandatory charge the government requires for its 911 emergency services. Bell collects and remits applicable amount to the government. The monthly bill also includes charges for any Pay per use Services (plus applicable taxes). You must comply with Bell’s then-current eligibility criteria, conditions and offer details to qualify for any discounted Device upgrade (including agreeing to a new SCP). Discounted Device upgrades are offered in Bell’s sole discretion and may be withdrawn at any time.

4. Protection of your privacy

All information that Bell keeps about you is protected under the Bell Customer Privacy Policy and the Bell Code of Fair Information Practices (view at bell.ca/privacy). If by such policies or applicable law, Bell must obtain express consent from you for any activity, express consent is deemed to be given by you where an objective documented record of your consent is created at the time that such consent is given. By ordering the Services and/or entering into this Agreement, you expressly consent to Bell disclosing your personal information to the following:

you;
a person who, in our reasonable judgment, is seeking your personal information as your agent or representative;
another telecommunications service provider to provide you with efficient and cost-effective telecommunications service;
another company to supply you telephone or telephone directory related services;
an agent hired by us to collect your account;
an affiliated company of Bell involved in supplying you with telecommunications and/or broadcasting services;
a public authority if it appears there is imminent danger to life or property.

5. Sharing of Information & Credit Rating Agencies

By entering into this Agreement, you consent to the sharing of account and profile information about you by each of the Bell Companies (including Bell Canada, Bell Mobility, Bell TV, and Bell Internet) with the other Bell Companies, their agents and authorized dealers, to help them better identify your communication and entertainment needs, and to provide you with relevant information, advice and solutions. You understand that without this consent, the Bell Companies will be limited in their ability to provide you with a simplified Bell client experience and to provide you with relevant offers to suit your needs. By entering into this Agreement, you also consent to receiving one bill for the Service and the services of the other Bell companies if and when such billing consolidation is available.

6. Your telephone number and identifiers

You do not own the telephone number or other identifiers that we have assigned to you and we reserve the right to change any of them at any time. We will notify you in advance of any change to such identifiers and we will not be liable for any costs, damages or losses associated with such changes. Your telephone number may be automatically transmitted to the person you call, other carriers, or to us. You may permanently block the display by telling us when you activate your service or on a per-call basis at any time in accordance with the instructions posted from time to time on www.bell.ca.

7. Transferring Your Number to Bell; to Another Service Provider

To transfer a telephone number assigned to you from your existing service provider to Bell, you represent and warrant that you have the right to make the request and you authorize Bell to make the transfer-in request to the other service provider on your behalf and to share your name, telephone number, address and other relevant personal information with the other service provider. You agree to sign a request form if necessary. The services, content, IP address and perhaps the device provided by the other service provider cannot be transferred to Bell.. To transfer your telephone number to another service provider, (as long as your account and telephone number are active), Bell will process a "transfer-out" request from your new chosen service provider. You must pay all amounts due to Bell (plus applicable taxes) that result from the termination of the Services before the expiry of the SCP, and the monthly charges that apply for the 30 days after the transfer request. The Services, content, IP address, or any Device cannot be transferred to your new service provider. Bell is not responsible, or liable to you in any way, for any interruption of services due to a number transfer.

8. Warranty

EXCEPT AS PROHIBITED BY ANY LAW THAT APPLIES TO BELL, WE DO NOT WARRANT THAT THE DEVICE OR SERVICES WON’T FAIL OR BE INTERRUPTED, OR THAT COMMUNICATIONS ARE PRIVATE OR SECURE. THE ABILITY TO CREATE OR MAINTAIN A MOBILE COMMUNICATION CONNECTION AND THE QUALITY OF THE CONNECTION ARE NOT EQUAL OR ADEQUATE IN EVERY LOCATION AT ANY TIME. SERVICES MAY BE ADVERSELY AFFECTED BY PHYSICAL FACTORS (E.G. BUILDINGS, TUNNELS OR MOUNTAINS), ATMOSPHERIC CIRCUMSTANCES, OR CHANGES TO OR MAINTENANCE OF THE NETWORK, INTERCONNECTION FAILURES, JAMMING TRANSMITTERS, OR OTHER CAUSES. . Your remedy for failure of a Service to meet any applicable warranty is a refund of charges related to any such failure of that Service lasting at least 24 hours to a maximum of $20, upon request approved by us acting reasonably.

Your Device (including any accessories) purchased from Bell or its authorized distributors in connection with the Service is subject to the manufacturers' warranties. For more details about warranties please visit bell.ca/warranty. Your remedy for failure of a Device to meet any applicable warranty is specified in the manufacturer's warranty or extended warranty. Bell may (but is not required to) arrange with the manufacturer on your behalf to repair out-of-warranty Devices and may charge fees in connection with such repair services which will be advised to you before you choose to receive such services. You will be charged for any “loaner” device you choose to use during repair of your Device, except as expressly prohibited by any law that applies to Bell. Bell’s authorized distributors may have different warranty, repair and return policies. Unlocking a Device may void the manufacturer's warranty and Bell will not provide a warranty or any return policy for the unlocked Device.

BELL DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT THAT THIS DISCLAIMER IS EXPRESSLY PROHIBITED BY ANY LAW THAT APPLIES TO BELL.

9. Updates

Bell may update the software, features and settings on your Device (including Non-Bell Devices with a Bell SIM card) including through "Over-The-Air" means as necessary, without notice, and you acknowledge and agree that such updates may be required in order to continue receiving the Services.

10. Pre-Authorized Payment; Credit Limit; Security Deposit

You expressly authorize Bell to charge your credit card or other pre-authorized payment vehicle any amounts (including taxes) due on your account (including as a result of termination of Services before the end of your SCP). You promise that the credit card for which you have provided information to Bell is in your name, is valid and has not expired. You promise to promptly advise Bell if your credit card information changes for any reason. We may at any time impose or change a limit on the balance that can be outstanding on your account (Credit Limit), on advance notice to you. We may suspend the Services at any time if your balance, including unbilled usage and pending charges and adjustments, exceeds this limit, until you pay down your account to an amount below the limit. We may charge an administrative fee to re-start the Services. Notwithstanding the Credit Limit or suspension, you must pay us any amounts you owe in excess of the Credit Limit. Based on your credit rating or usage charges, we may require a refundable security deposit from you at any time during the Term. Bell may apply all or part of the deposit to any outstanding amounts owed by you to Bell. Unless expressly prohibited by any law that applies to Bell, all deposits when returned shall be returned without the payment or accrual of interest.

11. Charges and Payments

You agree to pay all applicable fees, charges and taxes relating to the Services and the Device(s). If you are a Prepaid client please see the "Prepaid Services" paragraph below. If you subscribe to a postpaid plan, you will be billed monthly. Your account will be assigned a billing date. On your first bill there will be charges for Services incurred between your activation date and billing date. Your bill is payable on the date of the bill and you will be charged interest on the balance owing at the rate of three per cent per month (or 42.58% per year) (or such other rate as Bell notifies you in writing), calculated from the bill date, if payment is not received by Bell before your next bill date. You must allow adequate time for payment to be received to avoid interest charges. Your charges will include fees for your monthly plan, Services and features, and all applicable taxes, and you will also be charged fees and applicable taxes for Pay per use Services at Bell's then current standard rates (except as otherwise specified in your Agreement). If Bell has to pay foreign taxes in providing you long distance or roaming Services, you must pay these unless otherwise stated in your plan. Unless included in your plan, you agree to pay any applicable monthly 911 services fee and a monthly System Access Fee. Bell’s 911 services fee and System Access Fee are not required by or collected on behalf of any government. Charges may apply if a Client Care representative completes a transaction on your behalf or answers your inquiries. We will notify you in advance of such charges before you incur them. Unless otherwise expressed as part of your rate plan, feature or bundle, airtime and long distance usage are rounded up to the nearest minute, and data usage is rounded up to the nearest kilobyte. Rounding practices for U.S. and international voice and data roaming may vary. If you use a part of a minute or kilobyte you will be billed and agree to pay for the entire minute or kilobyte. Airtime charges (and long distance charges, if applicable) apply (a) for calls you make, from the time you press "Send" or otherwise initiate the call, until you press "End" or the call is otherwise disconnected; and (b) for calls you receive, from the moment the call connects to our network, including ring time, until you press "End" or the call is otherwise disconnected. Bell reserves the right to require immediate payment in full of amounts, whether billed or not, that are inconsistent with your normal usage pattern. Bell will apply any credits due to you against future charges payable by you under this Agreement, if you notify us within 90 days of receipt of your bill for which a credit is requested. If you don’t notify us within this time period then you accept such charges as billed. If you are entitled to a credit from us, you represent and warrant that you have made no separate claim for a refund for the same amount from a financial institution. To correct any payment made by you through electronic means (such as Internet or telephone banking or ATM machine), you must first request your financial institution to make the correction. We may charge you an administrative fee for payments rejected for insufficient funds. To obtain certain Services, you may be required to pay by means of pre-authorized debit or credit. After the end of any SCP you will continue to receive Services under this Agreement on a month-to-month basis, and to be charged fees and charges in accordance with the Service plan and features you had selected and for all other Services provided unless or until (a) you contact us or we contact you to change or terminate your Services as set out in Section 19, or (b) such plan or features are no longer available, in which case Bell may transfer you on 30 days notice to an alternate plan.

12. Prepaid Service

If you are a Prepaid client you are subject to this Agreement. It is in effect on a month-to-month basis until your Services are terminated or your Device is deactivated due to inactivity as set out below. You will not receive a monthly bill or any call or usage detail records. Amounts will be deducted from your prepaid account (i) immediately for usage and Pay per use Services, and (ii) every month for recurring features and services. If your account remains at $0 for 120 days or such other period as Bell may notify you, your Services and Device will be deactivated and you will lose your telephone number (or other identifiers). If you wish to reactivate, a re-activation fee may apply and you may be assigned a new telephone number. Certain prepaid features you subscribe to require a positive balance in your prepaid account to remain active. Services may be cancelled or suspended by Bell without notice if a negative account balance occurs, or if Services are otherwise not paid for, to the extent not prohibited by any law that applies to Bell. If you use an Automatic Top-Up Program to top up your prepaid account, funds may take up to 48 hours to be deposited in your account. The top-up amount will include an amount to clear any negative balance. Value deposited into your prepaid account is available as prepaid credits for your Service and such credits are non-refundable, non-transferable, and will expire after a specified time period. Using your Device as a modem for a computer, tablet or to provide Internet access services to any other devices is not permitted on a prepaid account. For more information about Bell Prepaid Service, please visit our website at bell.ca/wirelessprepaid. Or call 1 888 537-9999 from a landline or #321 from your mobile phone. You must provide us with accurate name, address and contact information at all times for notice purposes.

13. Transferring responsibility

You may not transfer your account or Services or Agreement to anyone else without our prior consent. Bell may transfer all or part of this Agreement including any rights in accounts receivable at any time without prior notice or consent.

14. Loss or theft

You must notify us immediately at the telephone numbers set out below if your Device or SIM Card is lost, stolen or destroyed. You are responsible for (i) all fees incurred before you notify us, (ii) the cost of replacing the Device, and/or (iii) any amounts that may apply if you choose to cancel your Services before the expiry of the SCP.

15. Use of Service

You are responsible to prudently protect and safeguard your Device (including any SIM card) against loss, abuse, theft or damage, and for the use of your Device and Services by you and any others. You shall not use or allow others to use the Service or your Device if such use:

is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients' service;
consumes excessive network capacity in Bell's reasonable opinion, or causes our network, or our ability to provide services to others, to be adversely affected;
is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by Bell which uses excessive network capacity, unless you agree to pay the greater of the in-market rate or $30 per megabyte ;
is to provide a substitute or back-up for private lines or dedicated data connections such as DSL;
is to operate any server system (including email, web, or other kind of server);

unless, in the last three instances, you agree to pay in full all charges billed to you, at a rate which will be the greater of the in-market rate or $30 per megabyte, regardless of the total amount due.

You shall not threaten abuse or harass any Bell employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Bell including fraudulently obtaining Services or Devices, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Services or flat rate or unlimited use plans, or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service or engage in or allow any alteration, copying, reproduction of or tampering with electronic serial numbers, IMEI or other identification, signalling or transmission functions or components of your Device. You must follow all other service and security regulations issued or adopted by us. Bell may immediately suspend, restrict, change or terminate all or part of your Services and deactivate your Device without notice, or take other necessary protective measures if Bell has reasonable grounds to believe there is a breach of any of these "Use of Service" provisions. At any time, Bell may temporarily reduce data throughput for a subset of customers who use a disproportionate amount of bandwidth in addition to any other steps that Bell deems necessary to: (i) ensure a good experience for the majority of our customers; (ii) minimize capacity issues and (iii) avoid potential degradation in network performance.

16. Monitoring

Bell has the right but not the obligation to access, monitor, investigate and preserve a record of any content transmission or other use of the Services. You consent to any such activities that are undertaken to satisfy any law or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect Bell or its clients from use of the Services contrary to Section 15.

17. Indemnity

You are responsible for and will indemnify us for all damages, losses, expenses and any action, claim or judgment which may be made against us by anyone in connection with the use of your Device or the Services, or your violation of this Agreement, all to the extent not expressly prohibited by any law that applies to Bell.

18. Licenses

You grant us and our suppliers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from, any and all user content you elect to post in connection with the Service, solely as required for us to provide you the Service and no other purpose. You acknowledge that we may store your user content on our or our suppliers' facilities for the purposes of you accessing such content, or others that you wish to have access such content, but that if such content is not accessed within a certain period of time (not less than 30 days from the last access unless we tell you otherwise) or if your Services terminate, we may delete such content without notice to you. If you upgrade or replace a Device, content including video, pictures, contacts, music, screensavers, applications, games and ringtones may not be capable of being transferred to the other Device. By enabling or activating any aspect of the Services, including applications, transactions, downloads, games or other content, you agree to abide by any written end-user license, warranty and other terms and conditions that are made available in connection with the use of such aspects of the Services.

19. Changes to this Agreement and the Service

You agree that any Sections or parts of this Agreement, any fees or other obligations, and any Services, may be modified or terminated by Bell except to the extent expressly prohibited by any law that applies to Bell. We will notify you by providing you a clear and legible written notice at least 30 days in advance of any change that affects you. If applicable and if required by any law that applies to Bell, the notice will set out the new provision or the changed provision, and the provision as it read formerly, along with the date of the coming into force of the change and your rights set out below. Nothing in this Agreement requires you to accept the Services after any change is made to this Agreement, the fees or Services ; however, your sole remedy for such a change is, if the change would increase your obligations or reduce ours, to refuse the change and cancel the agreement which has been changed upon the payment of any amounts payable as specified in the main part of your Service Agreement and any other applicable fees or charges, except where such fees or charges are prohibited by any law that applies to Bell, in which case such cancellation shall be without penalty. You must notify us of your cancellation within 30 days of the effective date of change. If you continue to receive the Services after this period, you expressly agree that no additional written agreement or express acknowledgement is required to accept such change and, unless otherwise prohibited by any law that applies to Bell, you specifically waive any and all statutory requirements for notice and express acceptance of such changes except for those provided in this paragraph. You agree that you cannot change this Agreement and that, except as expressly prohibited by any law that applies to Bell, no oral or written statement or representation of any sales agent, representative or employee of Bell made to you can change this Agreement.

20. Ending your Agreement and Services

You may terminate your monthly rate plan and/or data feature or plan as set out in the Service Agreement presented to you (of which these Terms of Service are part), but you must pay any amounts set out therein, if you do so before the end of your SCP. If you are a prepaid client, you may cancel your Agreement at any time. Any balance remaining in your account on termination is non-refundable. We may end your Agreement and any or all Services and deactivate your Device (i) by providing you 30 days advance written notice (except to the extent expressly prohibited by any law that applies to Bell), or (ii) at any time without notice if you do not pay any amount owing when due, or you otherwise breach any term of this Agreement including failing to provide or top up a security deposit on request, and failing to activate your Device within 45 days of purchase. If we end your Agreement and the Services before the end of your SCP because of your non-payment or other breach of the Agreement, you must pay (i) an amount, plus applicable taxes, equal to the greater of (a) $100 or (b) $20 per month for each month remaining in your SCP, to a maximum of $400, due to termination of your monthly rate plan; and (ii) an amount plus applicable taxes, equal to the Data Credit divided by the total number of months in the SCP, multiplied by the number of months remaining in the SCP after termination, due to termination of your data plan or feature which you committed to receive during the SCP. You must pay both amounts (plus applicable taxes) if we terminate both monthly rate and data plans, or a combined monthly rate and data plan, before the end of your SCP. Upon deactivation of the Device, and/or termination of the Services and this Agreement, you must pay in full all charges that are due including any amounts set out in the main part of your Service Agreement if you choose to terminate before the end of your SCP, late payment fees and any outstanding payments, fees and charges owing under this Agreement, plus applicable taxes. This obligation survives termination of this Agreement. Any SIM card will be deactivated and may not be reactivated. Bell will provide a refund of the amount of any credits greater than $5 which remain outstanding (after netting out any amounts payable by you) upon the termination of this Agreement. You must contact your financial institution to cancel any direct debit and credit card authorizations relating to your account.

21. Limits on our Liability

EXCEPT FOR NON-COMPLIANCE WITH APPLICABLE WARRANTIES OR CONDITIONS (IN WHICH CASE OUR ENTIRE RESPONSIBILITY IS SET OUT IN SECTION 8 ("WARRANTY"), WE ARE NOT LIABLE TO YOU OR ANYONE USING YOUR DEVICE OR THE SERVICES OR ANY THIRD PARTIES INCLUDING FOR THE FOLLOWING:

DEFECTS, FAILURES OR INTERRUPTIONS IN SERVICE, INCLUDING TRANSMISSION;
ANY DAMAGES, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, MISAPPROPRIATION OF PERSONAL INFORMATION STORED ON DEVICE OR SIM CARD OR ANY OTHER LOSS, HOWEVER CAUSED, INCLUDING FROM USE OF THE SERVICES OR YOUR DEVICE;
ANY CONTENT TRANSMITTED ON OR RECORDED BY OUR FACILITIES OR OUR SUPPLIERS', INCLUDING CONTENT THAT MAY BE ILLEGAL, DANGEROUS, DEFAMATORY, OFFENSIVE OR ANNOYING OR WHICH MAY INFRINGE UPON OTHERS' INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS, OR ANY CONTENT, APPLICATION OR SERVICES PROVIDED TO YOU BY A THIRD PARTY FOR USE WITH YOUR DEVICE OR THE SERVICES, EVEN IF WE BILL YOU FOR SUCH CONTENT, APPLICATION OR SERVICES ON BEHALF OF SUCH THIRD PARTY;
ANY VIOLATION BY YOU OF THE AGREEMENT, YOUR NEGLIGENCE, OR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICES, OR YOUR DEVICE; AND/ OR
LOSS, THEFT, DAMAGE TO OR UNAUTHORIZED USE OF THE SERVICES, YOUR DEVICE, ANY EQUIPMENT, ANY BELL PREPAID CARDS, VOUCHERS, COLLATERAL, ELECTRONIC RECEIPTS OR ANY PERSONAL IDENTIFICATION NUMBER.

THE LIMITS SET OUT ABOVE APPLY EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY ANY LAW THAT APPLIES TO BELL. The following applies when we provide e9-1-1 services (provisions of wireless phone number and location information to emergency service providers): (a) our liability is not limited by the limitations set out below in cases of our deliberate fault, gross negligence or anti-competitive conduct or in cases of breach of contract where the breach results from our gross negligence and (b) except in cases where our negligence results in physical injury, death or damage to your property or premises, our liability for negligence related to our provision of e9-1-1 services is limited to the greater of $20 and three times the amount you would otherwise be entitled to receive as a refund for the provision of defective service under this agreement. In addition, in respect of our provision of e9-1-1 services, we are not liable for: (i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our telecommunications network from your property or premises or recorded by your device or your or our equipment; (ii) damages arising out of your acts, default, neglect or omission in the use or operation of the device or equipment we have provided to you; and (iii) any act, omission or negligence of other companies or telecommunications systems when facilities of such other companies or telecommunications systems are used in establishing connections to or from your facilities and device and equipment.

22. Notices

Bell may use email, text messages, telemarketing, phone, direct mail, voicemail or any other method which provides reasonable notice to you, to send you notices and changes under this Agreement and to inform you about products and services from Bell and related Bell companies that we think will interest you. You agree to give us prompt notice of any change of name, address (including email address), telephone number or other contact information. All notices of legal proceedings or legal demand letters must be forwarded in writing to Bell Mobility, Law Dept., 5099 Creekbank Road, Mississauga, Ontario CANADA L4W 5N2.

23. Additional Conditions for Smart/Phone Care Plan ("SPC")

The following terms apply only to the extent that You have selected Smart/Phone Care as indicated on your Service Agreement:

Additional Definitions. “Covered Equipment” means the Wireless Phone, Prestige Device or Smartphone excluding any SIM card, identified by Serial Number on your Service Agreement and which is activated for wireless telecommunications service on your account with Bell at the moment of Failure (provided this occurs on or after the Effective Date) and for which air time has been logged by Bell. Covered Equipment does not include any SIM card inserted into or accompanying the Covered Equipment, nor any wireless phone or device into which You may insert the SIM card that was installed in or accompanied the Covered Equipment. “Battery” and/or “Charger” means one standard battery and/or one standard charger associated with the Covered Equipment. If you have elected the Premium Plan, as indicated on the Service Agreement, “Failure” means the operational or structural failure of the Covered Equipment to operate due to defects in parts or workmanship, normal wear and tear, accidental damage including liquid damage and power surges, or loss or theft of the Covered Equipment. If you have elected the Plus Plan, as indicated on the Service Agreement, “Failure” means the operational or structural failure of the Covered Equipment to operate due to defects in parts or workmanship. “Replacement Equipment” means the Wireless Phone, Prestige Device or Smartphone of comparable kind and quality to the Covered Equipment which we provide to you in the event of a Failure of the Covered Equipment, but does not include a SIM card. “Enrolment Date” means the date your request for enrollment is received by us or our authorized representative (Enrollment after the time of initial activation of Your Bell service for the Covered Equipment is subject to limitation).
Payment; Priority. The monthly fees for the SPC plan you selected plus applicable taxes will be billed monthly on your Bell account. Non return charges, replacement service fees, non-covered failure charges, and taxes, if any, may be added to your bill or, at Our discretion, collected from you prior to providing Replacement Equipment. Payments on your bill will be applied to charges for this Plan only after all other outstanding charges on the bill have been fully satisfied.
SPC Coverage. If the Covered Equipment suffers a Failure, We will replace it with a device of comparable kind and quality subject to the terms of this Agreement including Section 23. However, if the Failure occurs within the first twelve (12) months of the date of activation of the Covered Equipment on the Bell Network, and is an operational or structural failure of the Covered Equipment to operate due to defects in parts or workmanship, the manufacturer’s warranty applies and we will not replace the Covered Equipment under this Section 23. Instead, you may return the Covered Equipment for servicing under the manufacturers’ warranty. If the Replacement Equipment is a different model than the Covered Equipment or if a Failure affects a Battery and/or Charger in conjunction with the Failure of the Covered Equipment, We will also replace the Battery and/or Charger. If your Covered Equipment utilizes a Bell SIM Card, we will also replace the SIM Card if it suffers a Failure in conjunction with the Failure of the Covered Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT WILL BE NEW OR REFURBISHED, IN OUR SOLE DISCRETION. The Replacement Equipment immediately becomes the Covered Equipment. In addition to any applicable statutory warranties, Replacement Equipment will be warranted (see warranty provided with Replacement Equipment for details) to be free of defects in parts and workmanship for a period of 120 days from the date it is shipped to you, or for the remainder of the manufacturer’s warranty period for the device originally identified as the Covered Equipment on your Plan contract, whichever is greater (“Replacement Equipment Warranty Period”). If, during the Replacement Equipment Warranty Period, the Replacement Equipment fails to operate due to defects in parts or workmanship, it will be replaced with a device of comparable kind and quality and such replacement shall not be subject to a Replacement Service Fee, nor shall it be counted toward the Service Limits set out in subsection 23(G).
SPC Exclusions from Coverage. SPC does not cover: (1) Incidental or consequential damages; (2) failures caused by war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government, or military authority; (3) abuse, misuse, or intentional acts; (4) pre-existing Failures of the Covered Equipment occurring before the time it was established as the Covered Equipment; (5) Failures that occur within the first twelve (12) months of the date of activation of the Covered Equipment on the Bell Network, which are operational or structural failures of the Covered Equipment to operate due to defects in parts or workmanship; (6) changes or enhancements in color, texture, finish, expansion, contraction, or any cosmetic damage to Covered Equipment however caused, including, but not limited to, scratches and marring, that do not affect the mechanical or electrical function of the Covered Equipment; and (7) Failure of the Covered Equipment caused by computer viruses or similar unauthorized intrusive codes or programming. Covered Equipment does not include and SPC does not cover: (1) Contraband or property in the course of illegal transportation or trade; (2) Property in transit to You from anyone other than Us; (3) Routine maintenance and consumable items, such as batteries (one standard Battery will be provided with Replacement Equipment if the Replacement Equipment is a different model than the Covered Equipment or if the Battery has also failed); (4) Battery Chargers (one standard Charger will be provided with Replacement Equipment if the Replacement Equipment is a different model than the Covered Equipment or if the Charger has also failed); (5) Antennas, unless there is also a Failure of the Covered Equipment; (6) SIM Card; or (7) Any accessories (except as otherwise provided with respect to the Battery and/or Charger), including but not limited to color face plates, personalized data, or customized software, such as personal information managers (PIMs), ring tones, games, or screen savers.
To Obtain Service. In the event of a Failure of Covered Equipment that is covered under this Section 23, you may file a service request by calling 1 866 213-2143. You must be an active subscriber of wireless telecommunications service from Bell at the time you file your service request and you must file the service request within 30 days of the Failure of the Covered Equipment. If Your service request is approved, we will provide the Replacement Equipment by mail within 2 to 10 business days, or we may require you to pick up the Replacement Equipment at a retail location in your area. A shipping/administration fee of $25 may be charged to you. WE MAY REQUIRE, AS A CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE FOR THE COVERED EQUIPMENT AND/OR YOUR GOVERNMENT ISSUED PHOTO I.D. OR OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR RIGHT TO UTILIZE THE SPC. We also retain the right to inspect the Covered Equipment (except in cases of loss or theft) as a condition of approval of your service request. You must provide us with all requested information necessary to complete your service request and pay any Replacement Service Fee due to us within 30 days of filing your request for service or your service request will be closed. You must accept delivery of your Replacement Equipment within 30 days of approval of your service request or your service request will be closed.
Replacement Service Fee. A nonrefundable replacement service fee applies to each approved replacement for any Failure except as specified in subsection 23(c), above. The non-return charge for Wireless Phones is $50. The non-return charge for Prestige Devices is $100. The non-return charge for Smartphones is $150. The replacement service fee may be included on your Bill or, at our discretion, collected from you prior to providing Replacement Equipment.
Service Limits. Our obligation to provide Replacement Equipment is subject to a maximum cost to us of $750 per replacement. Beginning on the Enrollment Date, this Contract will cover up to, but no more than, two (2) replacements of Covered Equipment, subject to the exceptions noted below in this subsection 23(g). We will forward a notice of cancellation of the SPC to you, by mail, email or fax at the time of the second replacement and we will discontinue all monthly charges for SPC at such time. The monthly charge paid for SPC during the month in which the second replacement occurs will be prorated up to the date of the replacement and a credit for the remaining amount will be credited to your account. The Service Limit does not apply to replacements of Covered Equipment, provided the Covered Equipment has not been unlocked, as specified in the second paragraph of Subsection 23(c).
Return of Replaced Equipment/Non-Return Charge. Covered Equipment approved for replacement, other than Covered Equipment replaced due to loss or theft, must be returned to us at our shipping expense in the return mailer included with your Replacement Equipment within five (5) business days of your receipt of the Replacement Equipment, failing which the non-return charge described below shall apply. The Covered Equipment we replace becomes property of Bell, may not be activated on the Bell network or any other wireless network, and you hereby assign to us all rights and benefits of any manufacturer’s warranty or other ancillary coverage relating to any Covered Equipment that we replace. If you send any other items to us in place of the Covered Equipment, these items become the property of Bell, and may be destroyed at our discretion. If we provide Replacement Equipment to you as a result of the Loss or Theft of your Covered Equipment and you later find or recover the Covered Equipment you must return it to us in accordance with our directions. Call 1 866 213-2143 to request a prepaid return mailer. If you fail to return the Covered Equipment as directed by us, or you send us something other than the Covered Equipment, your service request may be declined or a non-return charge may be included on your Bill. The non-return charge for Wireless Phones is $100. The non-return charge for Prestige Devices is $200. The non-return charge for Smartphones is $300. You will not be entitled to the return, for any reason, of any Covered Equipment for which you have received Replacement Equipment, or of any other items you send to us in place of the Covered Equipment.
Charge for Non-Covered Service. If we determine the returned Covered Equipment did not suffer a Failure covered by SPC We will notify you in writing and a non-covered service charge will be applied to your Bill. The non-covered service charge for Wireless Phones is $100. The non-covered service charge for Prestige Devices is $200. The non-covered service charge for Smartphones is $300.
SPC Coverage Period; Ending SPC. Your service benefits under SPC begin on the Effective Date and continue from month to month until terminated by you or by us under this Section 23(j) and subject to the Service Limits set forth in Section 23(g). You or we may cancel the SPC at any time for any reason. If you cancel the SPC coverage we will stop billing you on the next business day following the date we receive your request for cancellation. If you fail to make any monthly payment in connection with the SPC or any other charge provided for in this Contract, the rights and benefits under this Contract will end on the date the payment was due. Also, if you exhaust the Service Limits by being provided a second replacement under this Plan, SPC automatically terminates as provided in subsection 23(g), above. If we cancel the SPC for any other reason, we will provide you with a written notice at least thirty (30) days before the effective date of cancellation (or longer notice if required by any law that applies to Bell), which notice will state the effective date of cancellation. We will stop billing you on the effective date of cancellation.
Additional Limits of Liability for SPC. IN THE EVENT OF ANY ERROR, OMISSION OR FAILURE BY US OR OUR AGENTS OR SERVICE PROVIDERS WITH RESPECT TO SPC OR THE SERVICES PROVIDED BY US OR OUR AGENTS OR SERVICE PROVIDERS HEREUNDER, OUR RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR SPC (BUT NO MORE THAN THE LAST 6 MONTHLY CHARGES YOU PAID FOR SPC). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE.
Restrictions on Transfer and Abuse of SPC. If you transfer the Covered Equipment to another person without also transferring your Bell wireless service account to such person or if you transfer the Covered Equipment to another account or wireless service provider, then you must cancel this SPC in order to discontinue further monthly charges. Any abuse of SPC by you, including but not limited to seeking replacement of a wireless device not belonging to you, may result in termination of SPC upon notice. We may assign our rights and obligations under SPC to another party at any time.
Duty to Mitigate. You must take all reasonable steps to mitigate Failures of the Covered Equipment and to cooperate in the processing of your service requests including following our reasonable directions to troubleshoot or correct simple Failures of the Covered Equipment such as accepting software patches pursuant to this Agreement.

24. Return Policy

You may return your Device (other than a SIM card) to the store where purchased (or the address specified for returns if purchased online or over the phone) and Bell will refund you the amount you paid for it , if the Device: (a) is returned within 14 days from purchase, (b) has not exceeded 30 minutes of voice usage (if applicable) and 50 MB of data usage, and ,(b) is in "like new" condition with all components, manuals and original packaging. You are responsible for payment of any minutes, usage or service incurred. If you terminate your Service Agreement on return of the Device as set out above, you will not be charged any cancellation payment also known as a Service Agreement Price Adjustment (SAPA) or Data Service Agreement Price Adjustment (DSAPA).

25. General

Bell is a federally-regulated undertaking and as such, this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada, and only those provincial laws and regulations applicable to it in the province in which you reside at the time of entering this Agreement as evidenced by your billing address. These terms and conditions are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. In the event and to the extent of any conflict or inconsistency among or between this Agreement and any other documentation made available to you in connection with the Services or your Device, the terms and conditions of this Agreement shall prevail. This Agreement does not grant any personal or real property rights in the Service. You agree that this Agreement shall be written in the English language. Les parties aux présentes conviennent à ce que ce document soit rédigé dans la langue anglaise. Your current or future use of an iPhone device constitutes acceptance of the most current iPhone terms and conditions and other third party terms and conditions that accompany your iPhone device, and those terms (as applicable to the services and products you have selected) are available online at: http://images.apple.com/legal/sla/docs/iphone.pdf, www.apple.com/legal/itunes/ca/terms.html, www.apple.com/legal/warranty/iphone, www.apple.com/legal. If you are a business, corporation or other entity, then you and the individual user of the Services and the Device shall be jointly responsible for all obligations in this Agreement, individually and together. You represent and warrant that you are of legal age to enter into an agreement of this kind. Bell carries on business at 5099 Creekbank Rd, Mississauga, ON L4W 5N2, and at 200 Boul. Bouchard, Dorval, QC H9S 5X5.

26. Agree and Activate.

BY (A) SIGNING YOUR SERVICE AGREEMENT, WHICH INCLUDES THESE TERMS OF SERVICE, (B) CLICKING "I AGREE" OR SIMILAR ACCEPTANCE IF THIS AGREEMENT IS PRESENTED ELECTRONICALLY, (C) OTHERWISE REGISTERING YOUR CONSENT WITH US (SUCH AS VIA A CLIENT CARE REPRESENTATIVE OR INTERACTIVE VOICE RESPONSE SYSTEM) OR (D) ACTIVATING THE SERVICE, YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR DEVICE UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PROCEED WITH THE ACTIVATION OF YOUR SERVICE AND PLEASE RETURN THE DEVICE TO US IN ITS ORIGINAL CONDITION WITH ALL INCLUDED ACCESSORIES, MANUALS AND PACKAGING INTACT WITHIN APPLICABLE RETURN PERIOD/USAGE LIMIT. SIM CARDS REMOVED FROM PACKAGING OR ACTIVATED CANNOT BE RETURNED. You acknowledge that Bell need not sign this Agreement in person and in your presence to have it constitute a valid, binding and enforceable agreement.

27. To Contact Us

By Telephone:

From any phone: 1 800 667-0123
From the United States: 1 800 667-ROAM (7626)