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Terms Applicable to Wireless Service

(for contracts signed before September 15, 2012)

W1. Plan and Related Charges.

W1.1 Subject to Section W1.5, Bell MTS will not change your fixed monthly access fee or airtime rate as applicable to the Plan during the Term.

W1.2 In addition to the Service, you may be provided with, or be able to access through the Service, any of the following optional Features and Other Services as are defined below:

  1. “Features” which include optional features that are used as complements to the Service, including but not limited to, Voice Mail, MiniMail, Call Display, web browsing, Text Messaging and other features designated as such by Bell MTS from time to time; and
  2. “Other Services” which are other services provided by Bell MTS or third parties and which you access using the Service or the Features, which Other Services may result in separate charges, 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 Features and Other Services are not guaranteed for the Term and are subject to change at any time. Details will be set out in your chosen Plan.

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. If you have committed to a fixed term for a stipulated Plan or fixed monthly charge in order to obtain a hardware promotional offering, you may not be eligible to change to another Plan until you complete that fixed term.

W1.4 Bell MTS reserves the right to charge you for administrative and network charges including but not limited to: connecting and re-connecting service, Plan changes, hardware activation fee, number changes, E911 service, Message Relay Service (MRS), system access fee (SAF) and wireless network charge (WNC), all of which are subject to change at any time.

W1.5 Bell MTS reserves the right to change your fixed monthly access fee or airtime rate applicable to the Plan 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 monthly access fee and airtime rate 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 package in which your device is provided. Bell MTS is not responsible for the installation, operation or maintenance of any hardware, unless otherwise expressly agreed in writing. All hardware must be technically and operationally compatible with Bell MTS’s network and must comply with all governmental rules, regulations and laws.

W2.2 If you have received promotional hardware as part of, or an inducement to, this Agreement, Bell MTS reserves the right, in its discretion, to impose restrictions on the use of that hardware on a competitor’s network until you have fulfilled all obligations under this Agreement or related hardware promotional offering.

W2.3 Bell MTS may at any time update or change the software or settings on your hardware in order to continue to provide Service or 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.

W3. Termination.

W3.1 This Agreement may be terminated by Bell MTS or you after the Term upon 30 days prior written notice and you shall remain liable for and shall pay all Total Charges hereunder.

W3.2 In the event of theft, loss or destruction of hardware used by you in association with the Service, you shall pay all Total Charges up to the time of notification in writing to Bell MTS of such theft, loss or destruction, provided that such Total Charges shall not be less than the fixed charges which would have accrued during the initial 30 day service period. Notwithstanding the foregoing and subject to the following paragraph, you remain liable to pay the fixed monthly access fees and any applicable charges until the end of the Term.

W3.3 If you terminate this Agreement for any reason prior to the end of the Term, or if you are in default under this Agreement including of your payment obligations so that Bell MTS terminates this Agreement or suspends the Service, Features or Other Services as contemplated herein, you shall pay Bell MTS any outstanding amounts or charges due to Bell MTS arising under this Agreement, plus $30.00 times the number of months remaining under the Term 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 number 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.

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 and you agree to all limitation of liability provisions respecting such use. 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 another carrier’s service area on a temporary or permanent basis for any reason (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.