Terms and Conditions of Service for Wireless
For service enquiries please visit (website and online chat) bellmts.ca or (phone) 204-225-5687, (email) email@example.com. You may also write a letter to the Bell MTS Advocate's Office, PO Box 6666, RM CC100R, R3C 3V6 (website bellmts.ca). If you have a complaint that the Bell MTS Advocate's Office has been unable to resolve to your satisfaction, you can contact the Commissioner for Complaints for Telecommunications Services ("CCTS"): P.O. Box 56067 – Monto Place RO, Ottawa Ontario, K1R 7Z1. Toll-free: 1 888 221-1687. TTY: 1877 782-2384. Fax: 1 877 782-2924. Email: firstname.lastname@example.org. CCTS website: ccts-cprst.ca.
This Agreement is only available in English. Cette entente est disponible seulement en anglais.
G1. The Agreement.
G1.1.This Agreement is between Bell MTS, a division of Bell Canada ("Bell MTS") and you ("you"), as a resident of Manitoba with a local billing address, or a business (or business representative) whose primary operating territory is Manitoba, and is comprised of these terms and conditions and the details of the applicable service plan or package (the "Plan") for wireless (the "Service").
G1.2 Bell MTS may change these terms and conditions upon at least 30 days' notice to you prior to the date of change or within such other time as is practicable. Bell MTS will give you notice in writing, using a reasonable method to bring it you your attention such as on bellmts.ca, on your bill, by email or text message. Bell MTS will only change the terms and conditions in accordance with applicable law. By taking no action, you accept any changes.
G2. Effective Date and Term.
This Agreement is effective on the day Bell MTS activates the Service and continues for the term selected (the "Term"). If no Term is chosen, or if it ends and Service continues, the Agreement shall be month to month until terminated in accordance with this Agreement.
G3. Charges and Payment.
G3.1 You shall pay the charges specified by Bell MTS, whether monthly or otherwise, for the Service (the "Service Charges") together with all applicable taxes, administrative costs and costs for complementary features or other services ("Total Charges"), whether or not you have received a bill from Bell MTS. If your Plan has a fixed rate applicable to some or all of the Service (as defined in the Plan) through the Term, then those Service Charges may remain fixed throughout the Term, otherwise the Service Charges are subject to change upon 30 days prior written notice by Bell MTS. Bell MTS will only change the Total Charges in accordance with applicable law. Total Charges will be billed monthly and may be billed monthly or annually in advance for terms of one year or more in duration. The Total Charges shall be due and payable within 30 days after the date of the bill. All Total Charges not paid when due shall bear interest at the rate specified in Bell MTS's bills from time to time. Bell MTS may prorate charges for partial months, or partial units for services billed on a per unit basis, as it determines in its absolute discretion. Upon termination of this Agreement, all outstanding Total Charges and any interest are immediately due and payable.
G3.2 (Intentionally Omitted)
G3.3 Bell MTS reserves the right to charge you for administrative and network charges in accordance with applicable law including but not limited to: connecting and re-connecting service and number changes. Details can be found at bellmts.ca/othercharges.
G3.4 Any credit or refund for any service unavailability or service outage is entirely at the discretion of Bell MTS.
G3.5 By accepting this Agreement you consent to our conducting credit checks on you, and our use and collection of your credit and payment history from other Bell companies, credit reporting agencies or other credit grantors to assess your creditworthiness, update your information, activate your ordered services, or assist in collection efforts, all from time to time. You also consent to our disclosure of your credit and payment history with other Bell companies to credit reporting agencies and credit grantors to assist with assessing your creditworthiness, and to collection agencies to assist with the collection of monies owed, all from time to time. Services paid in advance are available without a credit check.
G4. (Intentionally Omitted)
G5. Your Responsibilities.
You represent, and warrant to Bell MTS that you shall:
- not resell any Service, except with the prior written consent of Bell MTS;
- not use the Service or any complementary features or other services in such manner as to interfere unreasonably with the use thereof by any other person; in any way which results in excessive usage of network capacity as Bell MTS may determine; or in a way that is considered by Bell MTS to be an abuse of, or in a manner that adversely affects or impacts its network, its services or other users of the Service; or for any purpose contrary to the law including, without limitation, laws regarding export control;
- comply with all current and future policies of Bell MTS related to the Service as may be issued by Bell MTS from time to time, including our Fair Use Policy (bellmts.ca/fairuse);
- maintain all equipment, facilities and inside wiring as required to facilitate the Service;
- not open, alter or in any way tamper with any Equipment or other Bell MTS property;
- provide timely notice to Bell MTS of any change in your billing information, including any change to your automatic payment method and you represent and warrant that the billing information you have provided is your current information and is accurate; and
- be responsible for paying for all calls originating from, and charge calls accepted at your telephone or device, regardless of who made or accepted them, including all applicable service and usage charges associated with such calls. Bell MTS may, if it so elects, collect all or part of the charges referred to above from the person placing the call or from any person who may otherwise be responsible for the charges incurred.
G6. Bundle Discounts.
Bell MTS may offer discounts for bundling more than one Service and Bell MTS may impose conditions thereon, with which you agree to comply.
G7. (Intentionally Omitted)
G8. Default and Termination.
G8.1 Any one of the following events shall constitute an event of default, as may be determined by Bell MTS:
- you fail to make any payments due under this Agreement or you fail to make any payment for Service or any complementary features or other services upon Bell MTS's request whether or not a bill has been rendered;
- you are in breach of this Agreement;
- any representation or warranty made by you turns out to be false or inaccurate in any material respect; and
- you use the Service or any complementary features or other services, hardware, Equipment or other facilities in a manner that adversely affects Bell MTS or another person.
G8.2 In the event of default, Bell MTS may take any steps it deems necessary, including terminating this Agreement or suspending the Service, complementary features or other services without notice, or liability, and Bell MTS may bill you immediately for all outstanding Total Charges accrued up to the date of the termination or suspension, and continue to charge you Total Charges as it deems fit. You shall be liable for the costs and expenses incurred by Bell MTS or its authorized dealers or representatives by reason of the default or the exercise by Bell MTS of its remedies in respect thereof and such costs and expenses shall be due and payable immediately upon notice.
G9. Limitation of Liability and Indemnification.
G9.1 Bell MTS does not guarantee the Equipment, hardware or facilities, or the uninterrupted working of its network, the Service, or complementary features or other services. Any warranties, representations or guarantees not specifically contained herein are expressly disclaimed by Bell MTS to the maximum extent allowed by law, as are any other warranties, representations or conditions of any nature, either express or implied, including, without limitation, any warranty, representation or condition of fitness for a particular purpose or merchantable quality. Bell MTS shall not be liable to you, any user of the Service, complementary features or other services or related equipment or hardware or any other person, for any damages howsoever caused, directly or indirectly, relating to or resulting from:
- failure, interruptions or defect in the Service, complementary features or other services, equipment, hardware or facilities;
- failure to provide any Service or complementary features or other services, equipment, hardware or facilities;
- mistakes, omissions, interruptions, delays, errors or defects in transmission;
- any other cause including manufacturer recall of equipment, court orders or orders of any competent authority, fire, flood, explosion, war, riots, strikes, lockouts, picketing, boycotts, act of government authorities, acts of terrorism or civil disobedience or by any other cause beyond Bell MTS's control;
- the contents or accuracy of any programming, information or data carried, transmitted or delivered by, on, or through the Service, complementary features or other services;
- any breaches of confidentiality; or
- any breaches relating to or arising from breach of privacy or security in the transmission of data.
G9.2 Should you use the Service or any complementary features or other services or any hardware or Equipment in a way that causes defamation, copyright, patent or other infringement that results in a claim against Bell MTS, you agree to indemnify and hold harmless Bell MTS for all costs and damages Bell MTS may suffer as a result of such claim.
G9.3 You acknowledge that the above limitation of liability is reasonable in light of the amount paid for the Service and agree that if Bell MTS is found liable in any way then Bell MTS's cumulative liability to you or any person claiming through or under you shall be limited to the amount paid by you for the Service during the previous 3 month period which shall be the agreed upon damages and shall be your exclusive remedy, and you shall indemnify and save Bell MTS harmless against any claims in excess of this amount.
G9.4 You shall ensure that all persons accessing the Service, complementary features or other services comply with these terms and conditions. You shall be solely responsible and liable for, and shall indemnify and hold harmless Bell MTS and its agents and contractors, from and against all losses, damages, expense and costs, including reasonable attorney's fees, sustained by reason of the breach of any term or condition herein contained whether by you or by any person accessing the Service with your permission (express or implied) including, without limitation, all losses, damages, expenses and costs incurred by Bell MTS in attempting to enforce any provision hereof, or in recovering any charges or any damages for breach of any term or condition herein contained. All remedies conferred upon Bell MTS shall be deemed to be cumulative and no one is exclusive of the other, or any other remedy conferred by law.
G10. (Intentionally Omitted)
G11. (Intentionally Omitted)
G12. (Intentionally Omitted)
Bell MTS's commitment to privacy protection is found at the end of these Terms. Bell MTS protects your personal information in a manner consistent with Bell's Privacy Policies available at bell.ca/privacy and applicable laws. By entering into this Agreement, you agree that Bell MTS may share your information with other Bell companies and brands as they exist over time ("Our Companies") including Virgin Mobile Canada, Lucky Mobile and The Source.
G14. Marketing Information.
Our Companies use a number of ways to keep you informed about the products and services that we provide. Our Companies recommend products and services to you based on your account information, eligibility and your needs and preferences as determined by your purchase and use of our products and services. Our Companies may also reach out to inform you of ways to save, new products and service release and other useful information using a variety of means, including by sending you commercial electronic messages or calling you. If you do not wish to receive these types of communications, contact Bell MTS at (204) 225-5687 or *611 from your wireless device. You will continue to receive service-themed messages even if you choose not to receive marketing communications. Bell MTS will not disclose your personal information to third parties to market their products and services without your express consent.
G15. Directory Listings.
If requested to do so by you, Bell MTS may arrange for a Directory Listing to be made by your Telephone Company in accordance with the Telephone Company's terms of service therefore but Bell MTS shall have no liability whatsoever arising from such listing or omissions of such listing from any directory.
All notices shall be sufficiently given if personally served or sent by mail, fax or email and sent or addressed to you at your address specified for billing purposes. Any such notices, if delivered personally, shall be deemed to have been received the same day; if sent by mail, shall be deemed to have been received 3 business days after the date of mailing; or if sent by fax or email, shall be deemed to have been received on the next business day following the date sent. Notice of a legal claim must be given to the Bell MTS Law Dept., Room MP19A, 333 Main Street Winnipeg, MB R3C 3V6.
G17. Errors in Billings.
Bell MTS undertakes to provide accurate billing information but sometimes, errors occur. It is your responsibility to review any bills you receive from Bell MTS for accuracy, and to contact Bell MTS should you identify any errors or not receive a bill. Failure to identify errors to Bell MTS within 30 days following the date of the bill shall mean you are deemed to accept the accuracy of that bill. Disputed Fees will not be considered past due unless Bell MTS has conducted an investigation and concluded that the Fees are correct and there is no basis for the dispute. You must pay all undisputed portions of the Total Charges when due. You are still responsible to pay all Total Charges in the event your bill is delayed or not received by you.
G18. Privacy of Communications.
Bell MTS cannot guarantee that your use of the Service will be secure or private. It is your responsibility to ensure appropriate security measures are in place to control access to your hardware and any information that you transmit using the Service or store on any hardware, including the SIM card. Third parties may intercept, record and monitor your communications over the Service and it is your responsibility to protect that communication. Bell MTS disclaims all responsibility for any interception of private communications or for any breach of your security or privacy. You acknowledge that your phone number will be displayed when you call other landline or wireless users where technically possible.
Should any competent regulatory authority determine that the Service must be regulated, then in such case, the parties shall observe the terms and conditions imposed by the regulatory authority, including any change to the Total Charges.
G20. Access and Monitoring.
Bell MTS may limit, modify or refuse, all or part of, or your access to, the Service, complementary features or other services without notice or liability if there is a breach or suspected breach of this Agreement or where Bell MTS deems such limit, refusal or modification may be advisable to protect itself, its customers or its network. Bell MTS may also limit the amount of data transfer you are permitted, the hours you are able to access the Service in any manner, and the amount of storage and memory available to you. Bell MTS is not obligated to but may monitor your use of the Service from time to time, and may use and disclose any information obtained from such monitoring as necessary to identify violations of or enforce this Agreement or Bell MTS's policies, to satisfy any law, regulation or other governmental request, to operate or improve the Service, to protect itself, its customers or its network. You recognize that should you use any remote services such as remote technical support, this may result in Bell MTS having complete access to your equipment and any personal content thereon and this shall not constitute an invasion of privacy.
Bell MTS may require you at any time to provide a deposit satisfactory to Bell MTS to be held and applied by Bell MTS as it sees fit from time to time to any amounts you have outstanding with Bell MTS. Bell MTS reviews Customer security deposits every six months. Bell MTS will return a security deposit when each of the three following criteria have been met: (i) deposit held for more than 179 days; (ii) Customer is an acceptable credit risk (as determined solely by Bell MTS); and (iii) Customer is not part of an active installment plan. In the event of termination of this Agreement, through default of you, Bell MTS may retain the deposit as a genuine pre-estimate of damages, not as a penalty.
G22. Third Party Providers.
You agree that a third party may be used to provide any part of the Service and such Service shall be subject to, and governed by, these terms and conditions as if provided directly by Bell MTS. You may also obtain services and applications from third parties and Bell MTS shall have no responsibility to you related to your use of or access to such third party services or applications.
You can request alternative formats of this Agreement and find out more information about Bell MTS's accessibility services through Bell MTS's Accessibility Services Centre at:
Toll free: 1-800-542-8703
TTY deaf access: 204-942-4942
Toll free: 1-866-238-2539
G24. General Conditions.
You acknowledge that there are no other terms and conditions of this Agreement, except as expressly contained or incorporated by reference herein. This Agreement shall be governed by the laws applicable in Manitoba. You shall not assign your rights and obligations to any party except with the prior written consent of Bell MTS. This Agreement shall be binding upon, and shall enure to the benefit of, you, your successors and permitted assigns and Bell MTS and its successors and assigns. Any provision of this Agreement that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of the Agreement. No failure by Bell MTS to exercise any right under this Agreement or to insist upon full compliance by you with your obligations under this Agreement will constitute a waiver of any provision of this Agreement.
ADDITIONAL TERMS APPLICABLE TO WIRELESS SERVICE
These wireless services terms apply to cell phone contracts signed or renewed on or after September 15, 2012. For contracts signed before September 15, 2012, please see our Terms Applicable to Wireless Service (for contracts signed before September 15, 2012) page.
"Minimum Monthly Cost" means the minimum amount you are required to pay for wireless service each month for the base services if you do not use optional services or incur any additional fees or overage charges, including any wireless network charge ("WNC") or system access fee ("SAF") but excluding any taxes, administration costs and optional services.
"Hardware Subsidy" means, where you received hardware for free or at a reduced cost, the amount calculated as the retail value of the hardware you received less the amount you paid for it.
W1. Plan and Related Charges
W1.1 Subject to Section W1.4, Bell MTS will not increase any component of the Minimum Monthly Cost during the initial Term of your Agreement. Bell MTS may only change Services and their associated Total Charges in accordance with applicable law.
W1.2 In addition to the Service, you may be provided with, or be able to access through the Service, any or all of the following:
(a) "Optional Services" which are optional services used as complements to the Service, including the Optional Services listed on your Wireless Service Agreement, which can be added or cancelled by you at any time, subject to any minimum subscription requirements;
(b) "Other Services" which are other services provided by Bell MTS or third parties and which you access using the Service or the Optional Services, which Other Services may result in separate charges being made to your Bell MTS account, and include but are not limited to long distance, applications, gaming, roaming, downloadable/uploadable content, short codes and location based services, and such other services as may be designated by Bell MTS as such, from time to time.
Availability of and charges for Optional Services and Other Services are not guaranteed for the Term of this Agreement and are subject to change upon at least 30 days' notice which notice will set out the change and the date it comes into effect. Rates may be charged on a pay per use or monthly basis. Details and rates for Optional Services and Other Services can be found at bellmts.ca/myfeatures.
W1.3 If you wish to change to another Plan during the term of this Agreement, you may be allowed to do so at the discretion of Bell MTS.
W1.4 Bell MTS reserves the right to change your Minimum Monthly Cost if the Plan is rated or otherwise discounted pursuant to a corporate account agreement (the "Corporate Agreement") which has expired or otherwise terminated, in which case the new monthly rate following termination of the Corporate Agreement shall be the most favourable rate available to you as Bell MTS may determine in its discretion. If a new Corporate Agreement is entered that is applicable to you, Bell MTS shall adjust your Minimum Monthly Cost by the applicable discount under the new Corporate Agreement.
W2. Service and Hardware
W2.1 The hardware you obtain is not warrantied by Bell MTS, but may be subject to manufacturer's warranties or any extended warranty that you may purchase from Bell MTS, the dealer or manufacturer. The details of any manufacturer's warranty can be found in the box your device is provided in or obtained from the manufacturer. Bell MTS offers extended warranty options and more information is available at bellmts.ca/wpp. Bell MTS is not responsible for installation, operation or maintenance of hardware, unless expressly agreed in writing. All hardware must be technically and operationally compatible with Bell MTS's network and must comply with governmental rules, regulations and laws.
W2.2 You may return or exchange wireless devices to the store where purchased or if your device was purchased online, you may return or exchange your devices at any of our Bell MTS Retail locations and you will be refunded the amount you paid for it if the device: (a) is returned within 15 days of purchase; and (b) is in a "like new" condition with all components, manuals, original packaging and receipt. You will also be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the return date. If you terminate your Agreement on return of the device as set out above, you will not be charged an early cancellation fee. If you are a person with a disability, the same conditions apply, however, you may return your wireless device within 30 days of purchase.
W2.3 Bell MTS may at any time, update or change the software or settings on your hardware, in order to continue the provision of the Service to you or to preserve the integrity of Bell MTS's network. You agree to and shall permit Bell MTS to make any such updates or changes as are necessary, without notice to you.
W3.1 This Agreement and your Service may be terminated at any time by you upon you giving notice to Bell MTS. You shall remain liable for and shall pay all Total Charges, including all Service Charges provided by Bell MTS up until the date of termination. To terminate Service call Bell MTS at (204) 225-5687.
W3.2 If you terminate this Agreement and the Service prior to the expiry of your Term, Bell MTS may charge you an early cancellation fee. If you received a Hardware Subsidy, the early cancellation fee will be calculated as set out in section H Critical Hardware Information Summary or at bellmts.ca/cancellationfee. If you did not receive a Hardware Subsidy or if your Agreement was extended for a fixed term beyond expiry of the initial Term, the early cancellation fee will be the lesser of (a) $50; and (b) 10% of the Minimum Monthly Cost for the months remaining in your Term.
W3.3 If you are in default under this Agreement including default of your payment obligations so that Bell MTS terminates this Agreement or suspends the Service, Optional Services or Other Services, you shall pay Bell MTS any outstanding amounts or charges due from you to Bell MTS arising under this Agreement, plus $150.00 as a genuine pre-estimate of damages.
W4. Identifying Number. You may be assigned a unique number, (such as a telephone number or pager number) in which you have no property right and Bell MTS may change the number at any time as it, in its discretion, considers necessary, without any liability whatsoever.
W5. Unique Equipment Identifier. You shall abide by all rules governing the use of any unique identification number assigned to the hardware and the rules and regulations set by Industry Canada in respect thereto. You shall not reproduce, alter, repair or tamper with any such number as set from the original manufacturer's value.
W6. Roaming. When you use your hardware in, or near, any other service carrier's area you may be charged roaming fees based on the applicable roaming service agreement entered into by Bell MTS and the other carrier. You shall be deemed to have accepted responsibility to pay these charges, including the purchase of any data passes presented to you, and you agree to all limitation of liability provisions respecting such use. Your hardware may not be able to roam internationally unless you ask Bell MTS to enable this function and Bell MTS agrees to do so and you purchase a data pass. You agree that you are not a third party beneficiary of any agreement between Bell MTS and such other carrier and that such other carrier shall have no legal, equitable or other liability of any kind to you. Bell MTS reserves the right to remove roaming service in any other carrier's service area on a temporary or permanent basis for any reason whatsoever. (The occurrence of such a restriction will generally be based on fraudulent activity within that carrier's service area.) Roaming capability depends on availability of the Service in another area.
W7. E9-1-1 Service. Bell MTS provides emergency call routing when 9-1-1 service is available and the device is capable. It is local government (i.e. urban/rural municipalities, First Nations) that provides the 9-1-1 emergency response services. If you live in an area where 9-1-1 emergency response services are not available, then your call may not be routed to a live operator. For more information on wireless 911 service, please visit bellmts.ca/mts/support/wireless/safety/wireless+e9-1-1. Bell MTS is not responsible for any inability to access 9-1-1 service, to the extent permitted by applicable law.
W8. Lost or Stolen Devices. As soon as you let us know that your hardware has been lost or stolen, Bell MTS can suspend your Service. If you report your hardware as lost or stolen, and Bell MTS has not been notified of its return within a specified time period, then the hardware may be permanently disabled. This Agreement continues to apply even after you have reported your hardware lost or stolen. You must pay (i) all Total Charges, plus applicable taxes, incurred up until such time as Bell MTS receives your notice that the hardware was lost or stolen; and (ii) either the Minimum Monthly Cost (if you continue this Agreement) or the applicable early cancellation fee (if you cancel this Agreement).
W9. Loaner Equipment. If your Equipment is being repaired by Bell MTS and was purchased under this Agreement and is within the manufacturer's warranty period or you subscribe to a Bell MTS Equipment repair or protection plan, you may be provided with a loaner device (along with related accessories) ("Loaner Device") for free, if there is one available. If Bell MTS is unable to provide you with a Loaner Device and you would otherwise have to pay an early cancellation fee to avoid paying for Services during this time, then your Services will be suspended and you will not be charged for Services while your Equipment is being repaired. If your Equipment is being repaired by Bell MTS and it is not covered by the manufacturer's warranty or a Bell MTS Equipment repair or protection plan, then you may be charged a fee plus applicable taxes for the Loaner Device. You are responsible for the Loaner Device. In the event that you do not return the Loaner Device is good working order and without visible defects or damage, then you may be charged a fee to replace the Loaner Device.
COMMITMENT TO PRIVACY
- When do the Companies collect personal information? We collect information during the inquiry, activation or purchase proce.ss for a product or a service, when we provide service to you (including technical support or during the warranty/repair claims and service process), automatically when you use our products or services or visit our websites, call into a call centre and via security cameras when you shop in one of our corporate retail locations and also from third-parties, such as credit reporting agencies or other third-parties with whom you have had a payment relationship.
- How do the Companies use my Personal Information? We collect information to:
- establish and maintain responsible commercial relations with you and to provide ongoing service;
- try to understand the needs and preferences of our Customers, and determine your eligibility for products and services;
- recommend products and services to meet your needs;
- develop, enhance, market or provide products and services;
- manage and develop our business and operations; or
- meet our legal and regulatory requirements.
- Can I opt-out of the collection, use or disclosure of my Personal Information by the Companies? Sometimes. You can opt-out of your Personal Information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages. But where your Personal Information is reasonably necessary to provide you with the services you requested or the operation of our network, you cannot continue to use the services and opt-out of the collection, use and disclosure of your Personal Information because it is a condition of services. In these circumstances, you must terminate your services to stop the collection, use and disclosure of your personal information.
- Questions or concerns about our privacy practices? If you still have unresolved privacy concerns you can contact us at the number shown on your bill. If a service representative cannot address your concerns to your satisfaction, contact the Bell Privacy Office at:
160 Elgin St., Ottawa ON K2P 2C4 or by email at email@example.com.
 In this Commitment to Privacy, the words “we”, “us”, “our” and “Companies” refers to the Bell family of companies and brands as they exist over time, including: AAA Security, Bell Aliant, Bell Canada, Bell ExpressVu LP (Bell Satellite TV), Bell Media, Bell Mobility, Bell MTS, Cablevision du Nord, DMTS, KMTS, NorthernTel, Ontera, Solo Mobile and Télébec.