Baka Wireless

Placing your order and/or the use of your cell phone constitutes the understanding and acceptance of ALL Terms and Conditions of both Baka Wireless as well as Bell Mobility

Baka Wireless is not responsible for electronic errors that result in delays or errors in processing your order. Credit Card Numbers are required for credit checks. Even when purchasing a "zero-dollar" phone a credit check must be made. Customers must pass a credit check to receive a phone or device. Should a credit issue or request for additional information arise during the processing of your order, this must be resolved within 3 business days or your order will be canceled. Please allow a minimum 7 business days for receipt of your order, if NO delays occur due to invalid information or credit issues. We ship all phones via Purolator; Monday to Friday between the hours of 9am to 5pm. Purolator will require a signature so please provide us with an address where someone will be in attendance during these hours. In the event there is no one available to sign for your package, it may be held at the Purolator Terminal for up to 5 days and will be your responsibility to pick up. We ship overnight within Ontario and via ground outside Ontario but within Canada. Ground may take up to 6 business days, depending on your location. Since your phone is active when we ship it, Baka Wireless cannot credit for any days of service while your phone is being shipped or delayed in shipping.

MUST BE 18 YEARS OF AGE OR OLDER AT TIME OF PURCHASE.

PLEASE NOTE: If the package is returned to Baka Wireless as undeliverable, you will be charged an administration fee of $25.00 for us to re-ship your package.

Your new cell phone will arrive ALREADY ACTIVE and programmed with your number. There is no action required on your part to make the phone work other than charging it and setting up your Message Center (voice mail) Service (instructions for this are included in your package). In the case of a Hardware Upgrade, it is your responsibility to contact Baka Wireless in order for us to perform the ESN change to get your line to start working on your new cell phone (instructions for this are included in your package). This must be completed within 3 days of the invoice date or you will be charged back on any rebates, discounts and promotional items you received, to the full un-subsidized value of the unit, and regular retail value of any promotional items, plus a $25 administration fee will apply.

The cellular number that was assigned to your phone by BAKA WIRELESS, MUST remain active on Bell's network for the full duration of the contract that you signed up for (36 months in most cases) and cannot be changed for whatever reason or it will generate a report to BAKA and you will be charged for the FULL price of the Hardware along with the cost of any promotional items that you may have received in addition to any termination penalties that Bell Mobility may impose for the early termination of your contract (please refer to Bell Mobility's "Terms of Service" document below)

PLEASE NOTE: The ONLY exception to the above is if the number change is requested as a result of moving to a new city that is not within your current local calling area

Promotional Items

Promotional items have no cash value and cannot be exchanged for cash, credit or discount. All promotional items MUST be returned with any returned/canceled order, or you will be billed accordingly. We do not warranty promotional items; maufacturers warranty applies. We reseve the right to make item substution based on availability. Promotions can be changed/canceled at any time without notice.

Hardware Upgrades

Service Fees

When the below transactions are performed by Baka, the corresponding charges will appear on your Bell Mobility statement. These fees are non negotiable.

$15 Phone Software Upgrade Fee: This fee is applied when updating a mobile phone (excluding smartphones) software with the assistance of a Baka representative.

$20 Smartphone Software Update Fee: This fee is applied when updating a mobile smartphone software with the assistance of a Baka representative.

$5 Fab List Change Fee: This fee is applicable when changing your Fab list phone numbers associated to your Fab rate plan or Fab feature. The fee applies if one or more phone numbers are changed

$15 Hardware Programming Fee: This fee is applied when a Baka representative assist you in anyway to program a phone.

$25 Loaner Fee: This fee is applied when a loaner is issued.

Changes to Orders/Invoices

Any changes to an order once it has been placed may be subject to a $25 administration fee. This will include changes from New Activations to Hardware Upgrades (and vice versa), re-invoicing to apply credits for features not originally ordered, change of colour, accessories and any other changes requiring significant time and effort on the behalf of the fulfillment department.

If you have qualified for any promotional items (such as ROOTS Gift Certificates) they have been recorded and inserted inside the phone box and CANNOT be replaced if lost or damaged (Please ensure that extra care is taken when opening your box to ensure they are not discarded with any other paperwork found inside your box!)

In exchange for the discounts on the purchase of the cellular device, you authorize Baka Communications Inc. to charge your credit card (or your Baka Communications Account for Corporate clients) for thefull retail cost of all products and any promotional items along with a $25 administrative fee should you voluntarily deactivate or change your cellular number (except if the number change is a result from a move to an area which is outside your current local calling area), or if it is deactivated by Bell Mobility for non-payment for any violation of their Terms of Service Agreement or any violation of Baka Communication's Terms and Conditions. This will constitute Baka Communications sufficient authority for doing so. I promise that the credit card is in my name, is valid and has not expired. I promise to promptly advise Baka Communications if my credit card information changes due to its loss, theft or cancellation and provide them with the new information or an alternative method of payment. I understand that the credit card will only be charged for the amounts indicated above and that Bell Mobility may also charge the credit card for cost as a result of a violation of their Terms of Service Agreement. I understand that Baka Communications will not provide my credit card number to any other person or organization other than Bell Mobility without your prior express consent.

Returns

*SIM cards are final sale. If returning a device that came with a SIM card, you are responsible for purchasing a new one to go with the returned device. Shipping fees are final sale and are non refundable

*Due to hygienic reasons, all Earpiece and/or Headsets are Final Sale.

*Accessories will be considered for return within 15 days of Invoice Purchase Date, provided the item is un-used, and complete in original packaging.

*Cellular phones will be considered for return and full refund within 15 days of Invoice Purchase Date, provided the phone and all packaging is intact and complete. Please be advised that you are still bound by your service agreement and will be required to pay any Early Termination Charges on the agreement if you choose to end it prematurely by canceling the service agreement.

Return Chart

Situation	Hardware	Rate Plan
0-15 days, less than 30 minutes, all hardware and packaging must be intact.	Full Refund ($25 administration fee will apply)	Full Cancellation Fees Apply†
15 days or/and 30 minutes or greater	No Refund	Full Cancellation Fees Apply†

† Includes Early Termination Charges if canceling your service agreement.

If you return a cellular phone it must:

• Be returned in its original packaging along with all components, such as manufacturer's guide, additional battery, battery charger, handset strap, tray, rubber face plate and cases. Note: these components may not be included with all cellular phones.
• Manufacturer's guide must not be written in or torn.
• Cellular phone must not have incurred any physical damage: scratches, dents, broken antenna, etc.

If the above conditions are not met, or if we do not receive the product within the 15-day remorse period, a letter will be sent to you advising that a refund on the hardware will not be applied. Additionally, you may be responsible for charges including but not limited to the prorated rate package charge, out of bundle usage*, and the Long Term Contract Cancellation Fee (if on a contract).

**ExpressVu orders are not subject to the Returns Policy

*Out of bundle usage charges are charges for airtime, long distance, or roaming that are not included within the rate package.

All returns and exchanges should be received at our Head Office, and must be accompanied by the original receipt and a note of explanation. Allow for shipping time to ensure Baka receives the item within the 15 days. All courier fees and expenses is the responsability of the end user. Returns should be shipped to:

Attn: Fulfillment
Baka Wireless
630 The East Mall
Etobicoke, Ontario
M9B 4B1

Refund will be to the method of purchase. Cash will be refunded via corporate cheque.

This policy is subject to change, and will be updated as needed.

DOA (Dead on Arrival)

A DOA cellular phone is defined as a nonfunctioning or defective product. Baka follows the standard manufacturer DOA policies for all cellular phones. The manufacturers policies are subject to change.

In order to qualify for DOA, the phone must meet the following criteria:

1. We must be able to reproduce the problem.
2. All DOA returns must include a copy of the original bill of sale, and a description of the problem.
3. The phone must be in original packaging (ESN on phone matches box) and include all accessories, manual and warranty cards, all in undamaged and unmarked condition.
4. The phone must be received by Baka (address below) within 15 calendar days of original invoice purchase date (date on invoice). There will be absolutely no exceptions.
5. Regarding Blackberry Dead on arrivals
   -The Blackberry DOA policy requires that the device is returned to Baka within 13 days from the activation date; after 13 days the DOA is the liability of the manufacturer's one year warranty.
6. Regarding Palm Pre Dead on arrivals
   -The DOA Policy for the Palm Pre is 30 days and zero voice minutes. A Palm Pre will be deemed Dead on arrival if it meets the following criterea:
   (i)The smart phone was purchased within 30 days.
   (ii)There are zero (0) minutes of voice usage on the LIFETMR
   (iii)The Palm Pre is unable to power on/off (after battery is charged), or
   (iv)There is a display, screen, keypad or speaker malfunction.
   

If the phone qualifies for DOA (based on criteria above), Baka will provide you with a replacement phone. If not, the replacement of the device will be the responibility of manufacturer under the 1 year warranty that the unit has.

Please Note:

1. If the phone does not qualify for DOA, your phone will automatically be forwarded to our service department, and we will provide you with a Service Reference Number, for use in tracking the repair.
2. Phones returned without the box and full packaging will be subject to a minimum $50 re-stocking fee, and any phones that have been scratched or damaged will NOT be exchanged and will have to be sent in for service as in the case below.

• After 15 days or outside the DOA policy above, your phone MUST be sent back to the manufacture for repairs. This can be done in the following ways:
  • Visit any Bell Store that offers a repair centre along with a copy of your sales invoice and your defective unit.
  • Visit BAKA's on-line service site at www.baka.ca/service, where you can fill in an on-line service request form and then send your phone to the address provided.
  (Please note that loaner phones, if available, can be arranged in either of the above options however there may be a charge for that service and/or a credit card will be required as security to ensure the return of the loaner phone. With Baka's on-line service option the cost of shipping your phone into service and the cost of shipping the loaner phone back to our service department, will be the responsibility of the user.)

• After 1 year from date of sale on your invoice, the manufacturer's warranty will no longer apply and there will be a charge for any repair requests.
  (Please note that after you have had your phone for 24 months (unless otherwise stated in the Bell contract) you may now be eligible for a discounted price on the purchase of new hardware by re-signing on a term contract by performing a hardware upgrade. It is highly advisable that this option be considered if your phone is out of warranty as this option becomes much more cost effective than getting your existing phone repaired.)

Baka Service Department/Repair Centre

Units for repair must be sent to our service department within 7 days of issue of the on-line service/loaner request work order and loaner. Please notify our service department by email of any delay in returning the loaner unit. We require these units for other customers. Failure to return your loaner promptly will result in a one-time $25 charge to your account or security deposit. All phones are subject to the Service Fee Schedule as below:

Service Fee Schedule

Service Performed	Non-Baka Customer	Baka EPP Customer	Baka Corporate Customer	Baka Extended Care Customer
Loaner Phone Fee (Includes shipping and handling of loaner phone to customer)	$25.00	$15.00	Waived	Waived
Loaner Security Deposit (Refundable upon return of loaner)	$200.00	$200.00	Waived	Waived
Shipping and Handling (Sending of defective unit and return of loaner phone to our service department)	Customer Responsible	Customer Responsible	Customer Responsible	Customer Responsible
Software Upgrades (Out of warranty)	$10.00	$10.00	Waived	Waived

PLEASE NOTE: This policy is subject to change without notice, and will be updated as needed.

Electronic Ordering

Our advertised price on the website is subject change without prior notice. In the event the limited time offer rebates change we are unable to maintain the price on the order and a representative will contact you. Prices are only valid at the time your order is processed in Bell's system. Although we strive to ensure accurate pricing for all products and services is reflected on this website, Baka Communications Inc. is not responsible for inaccurate pricing displayed on this site, any electronic correspondence, or quoted by any representative of Baka Communications Inc. In the event of an order placed online with inaccurate pricing of any product or service, a representative of Baka Communications Inc. will contact you either by phone or email to inform you of the discrepancy in price. In such an event, you (the customer) may choose to pay the correct price of the product/service or cancel your order within 3 days of the date the order was placed without charge.

Shipping and Handling Fees

Free Shipping and Handling is available for orders greater than $70.00 before taxes anywhere in Canada excluding Nunvaut, North West Territories and the Yukon.

For orders under $70 before taxes a $9.95 shipping and handling fee is applicable for orders shipped anywhere in Canada (excluding Nunvaut, North West Territories and the Yukon a higher fee may apply depending on the item and location).

Bell Mobility

*You agree to pay a system access fee of $6.95 or $8.95 per month unless expressly included in your monthly rate plan if you have a postpaid account; there is no system access fee if you have a prepaid account. You agree to pay a 911 emergency service access fee of $0.75 per device per month (excluding residents of Newfoundland and Labrador). In addition, you agree to pay the following mandatory charges required to be paid by provincial or municipal governments for emergency services: NB ($0.53), NS ($0.43), PEI ($0.50). Bell remits required amount to applicable government.

***A minimum of two users must activate on a Share Plan. In the event only one is activated, the single user will be charged an additional monthly fee of $15 retroactively. This will provide the subscriber with access to an additional 50 anytime minutes.

Additional Charges

In addition to the monthly charges for the plans, options and features set out above, you agree to pay the charges for all additional services used, plus applicable taxes. Other services are charged at Bell's standard rates in effect from time to time. Unless otherwise stated, you also agree to pay a one-time connection/upgrade fee of $35 plus applicable taxes. This charge will appear on your first bill.

Return Policy

You may return your device and Bell will province you with a refund of the amount you paid for the device, if the device is returned within 30 days (or 15 days if you are on a prepaid account) from purchase provided you have not exceeded 30 minutes 9 or 15 minutes if you are on a prepaid account) of use, whichever occurs first, to the store where purchased or to the address specified for returns if purchased online or over the phone, in "like new" condition with all components, manuals and original packaging. you are responsible for payment of any minutes, usage or service incurred. You may choose to terminate your Service Agreement upon return if the device as specified above, and you will not be charged any service agreement price adjustment or data service agreement price adjustment. Mobile internet sticks may be returned under this return policy within 30 days of purchase, regardless of the amount of use.

A monhtly service charge of $2 will apply unless you register for e-bill and suppress your paper bill. This charge does not apply to corporate plans but is applicable to employee purchase and small business rate plans.

Additional information

Manage your account anytime anywhere with our self serve tools. Visit http://www.Bell.ca/selfserveoptions to learn more.

Important: Pay per use Data, Text messaging and Mobile browser charges

*pay per use and out of bundle incoming and outgoing text messages are billed at $0.15 per message. before roaming or sending international text messages, check http://www.Bell.ca/text for current rates. Premium and short code messages are billed at a premium rate and/or outside your text messaging bundle.
*USING CERTAIN FEATURES, SERVICES AND APPLICATIONS ON OR WITH YOUR DEVICE AND DOWNLOADING KILOBYTE DATA TRANSPORT CHARGES. FOR EXAMPLES PLEASE ASK YOUR SALES REPRESENTATIVE OR GO TO OUR WEBSITES. http://www.Bell.ca/mobilebrowser For monthly/postpaid, OR http://www.Bell.ca/prepaidbrowser for prepaid.
* You can subscribe to the unlimited mobile browser feature for unlimited usage at a flat monthly fee, which would include the data transport services required for downloading or streaming content or live TV and using other services accessed through mobile browser. WITHOUT UNLIMITED MOBILE BROWSER, DATA TRANSPORT CHARGES (TODAY $0.05/KB) WILL APPLY WHICH YOU MUST PAY BELL FOR THE CURRENT KILOBYTE RATE
*If you have activated a data device, you will be charged for data transmissions from or to the device. If you subscribe to a data plan/service, you will be charged additional per kilobyte rates as set out in the plan, for any data transport usage in excess of the data transport included in the monthly data plan fee.
*Subscription to the unlimited mobile browser or data service/plan, allows for on-device data transmissions only. IF YOU USE YOUR DEVICE AS A MODEM ("TETHERING") TO CONNECT TO A PC OR OTHER DEVICE, YOU WILL BE CHARGED ADDITIONAL TRANSPORT CHARGES AT BELL'S CURRENT PER KILOBYTE DATA TRANSPORT RATES.
*Additional ROAMING charges may also apply for data or mobile browser usage clients with or without a data service/plan or an unlimited mobile browser feature.

Terms and Conditions

* by signing below you acknowledge you have read, understood and agree to the terms and conditions of this mobility service agreement including the terms of service attached. the Terms of Service are part of the agreement. They include a limit on Bell's liability and a requirement that you pay a service agreement price of up to $400, and a data service agreement price adjustment of $200 (if you received an additional reduction or discount on a device for subscribing to a data feature, or plan), if the agreement is terminated by the end of any applicable committed service period.
*Other services are charged at Bell's standard rates in effect from time to time. Fees subject to change except as set out in the terms of service.

Bell terms and conditions of wireless service
Thank you for selecting Bell mobility Inc. ("Bell") as your wireless service provider. The following terms and conditions of service (the "Terms of service") are needed for legal reasons and are part of your service agreement (the "agreement") that governs your relationship with Bell (sometimes referred to as "us" or "we"). The agreement is binding on you and us for each device ans for the services you receive from us.

1. Definitions

Committed Service Period:
(A) The period of 30 days, 12 months, 24 months, 36 months, or any other perios offered by us and selected by you during which you choose to commit to receive service for a device, starting on the date service for that device is activated; and (B) for a data feature or plan, the perios of 12 months starting on the date the data plan or feature is activated.

Device
Any wireless communication device, including a mobile phone, pager, camera or video phone, smartphone, wireless modem or connection card, handheld computer or other communicator and any replacements or upgrades of these that are intended for use with the services.

Service or Services
the wireless voice, data and other services provided by or through Bell, including monthly access, system access, plans, airtime, data network access, data usage, 911 services (provision of emergency call routing), 411 services, voicemail, call display, conference calling, other features, long distance and roaming services, 10-4 services, paging services, text, picture, video or other multimedia messaging, content, downloads, applications, browser usage, Wi Fi hotspot usage, other usage, wireless payment and other transactions, number transfers, sata support. Client care, activation, programming, changes (such as account transfer or changes to other rate plans), upgrades, "loaner" phones, out-of-warranty servicing, administrations (such as for NSF cheques and reinstatement after suspension and collection efforts) and re-connection.

Term
The period starting on the date service is activated for a device and ending on the termination of this agreement.

2. Services Services are available in Bell's, and its roaming partner's coverage areas, on compatible devices where technology permits. Bell and its roaming partners may make changes to the services, network or other facilities (including changes in and replacement of technology) and may enlarge, reduce or change their coverage areas at their discretion, without notice. Neither Bell nor its roaming partners will be liable for any changes in your ability to use the services of the device, including compatibility issues with any device as a result of such changes. If you roam in a roaming partner's coverage area you are also subject to the terms and conditions of the roaming partner, including any limitation or exclusion of liability. When you request access to or downloads of content or applications, Bell also provides you data transport services (for which additional data charges are payable at Bell's then current standard rates) and roaming and long distance services as required to access the content or applications. Charges may apply for having a live client care representative complete a transaction or answer your inquiries. You will be advised in advance before you incur these charges.

3. Pricing and Adjustments
We will not increase your basic monthly voice plan charge or out-of-bundle airtime charge during any Committed Service period, as long as you remain qualified to receive your chosen plans and services throughout the committed service period. If you no longer qualify to receive a plan or the services at the fees offered to you (for example a corporate plan or employee plan, due for instance to termination of employment, or termination of a corporate agreement) then Bell may transfer you to a comparable Service and Plan, at the appropriate fees and charges for which you then qualify, and you accept same. During the term we may incrase other fees (including the system access fee), and charge additional fees, after giving you 30 days advance notice. Any promotional and upgrade offers are subject to eligibilty requirements, at our discretion, and for their specified time limit. Should eligibilty requirements no longer be met, promotions may be removed from your account without notice.
You understand that if you have received promotional consideration, including a reduction or rebate on the price of your device, you must either (a) continue to purchase services from Bell for the Committed service period that is require by Bell to receive this consideration, and for their specified time limit. Or (b) pay a service price adjustment ("service agreement price adjustment" or SAPA) plus applicable taxes if (i) you choose to terminate your services and/or this agreement before the end of the committed service period, (ii) we terminate your services and/or this agreement for non-payment before the end of the committed service period, or (iii) you do not activate the device within 45 days of its purchase date. The SAPA is greater of (a)$100 or (b) $20 per month remaining in the committed service period on termination up to a maximum of $400, plus applicable taxes. Other price adjustments may apply to special offers or promotions, and will be notified to you at or before the time you subscribed to the offer or promotion.

You understand that if you have received additional promotional consideration, including additional reductions or rebates on the price of a device, in connection with activating data feature or plan on such device, you must either (a) continue to purchase such data feature of plan for the committed service period that is required by Bell to receive this consideration, or (b) pay a data service price adjustment plus applicable taxes if you cancel such data plan or feature, or change to a lower-priced data plan or feature, before the end of the relevant committed service period. The DSAPA is $200 plus applicable taxes. At Bells discretion the DSAPA may be reduced or apply for a shorter service period, as advised to you.

4. Protection of your privacy
All information that Bell keeps about you is confidential, other than publicly available information, such as your name, address and listed telephone number. Unless you provide express consent or disclosure is pursuant to a legal power, Bell will not disclose your personal information to anyone other than to:
(i)you;
(ii) a person who, in our reasonable judgment, is seeking your personal information as your agent;

(iii) another telecommunications service provider to provide you with efficient and cost-effective telecommunications service;

(iv) another company to supply you telephone or telephone directory services;

(v) a public authority if it appears there is imminent danger to life or property.

Express consent may be taken to be given by you where you provide: written consent, oral confirmation verified by an independent third party; or an audio recording which is retained by Bell; electronic confirmation through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

We also protect your personal information in accordance with the Bell Customer Privacy Policy and the Bell code of Fair Information Practices, which apply to the Bell companies, including Bell Canada, Bell Mobility, Bell ExpressVu, Bell World stores and Espace Bell stores. To view our full Police and code, please visit http://www.Bell.ca/privacy

5. Sharing of information
By agreeing to enter into this agreement, you consent to the sharing of account and profile information about you by each of the Bell companies with other Bell companies to help the Bell companies better identify your communication and entertainment needs, and to provide you with relevant information, advice and solutions. If you do not wish to have his information shared by the Bell companies, please advise client care at the addresses or numbers listed below. 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.

6. Credit information
By agreeing to enter into this agreement, you also consent to (i) Bell collecting information about your credit history from another Bell company, credit grantor, or credit reporting agency and maintainint and using information about your credit history, to activate your service and asist in collecting amounts owed by you, and disclosing your Bell credit history to other credit grantors and credit reporting agencies, and (ii) if you are a client of another of the Bell companies, to recieve one bill for the service and all services of the other Bell companies if and when such billing consolidation is available.

7. Your telephone number and identifiers
You do not own the telephone number or other identifiers that we have provided or assigned to you and we reserve the right to change any of them if required. We will notify you in advance and we will not be liable for any costs, damages or losses associated with this change.

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 by dialling *87 before you dial the desired phone nu,ber. If you choose to permanently block your display, you can unblock the display bi dialling *82 before you dial the desired phone number.

8. Transferring your number to Bell
If you request to transfer a phone number that is currently assigned to you from your existing service provider to Bell. Bell shall make the transfer-in request to your existing service provider on your behalf provided that you have the right to make the request. 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 personal information relevant to the transfer-in request with the other service provider. You agree to complete and sign a request form if necessary. you cannot transfer the services of the other service provider, including any features, applications or content, IP addredd or any other device to Bell. You are responsible to pay all amounts owing on your account with the other service provider, including early terminatoin charges, if applicable.

9. Transferring your number to another service provider
Provided that your account and phone number are active, then in connection with the termination of services with respect to a device, Bell shall forthwith process a tranfer-out request for the wireless phone number assigned to you that is made on your behalf, and is received by us from your new chosen service provider. Any SAPA and/or DSAPA will be payable, plus applicable taxes. You shall pay the monthly charges applicable for the 30 days after the transfer is requested, in lieu of the 30 days advance notice requires under section 24 of these terms of service. You cannot transfer the services, including any features, applications or content, IP address, or any device to your new service provider. We may be required to contact you in connection with a transfer-out request for the purposes of making any adjustments to your rate plan, account or invoicing or servies that are required as a result of the transfer-out request or termination of the services, and you consent to such contact.

Bell is not responsible for any interruption or disconnectoin of services associated with the telphone number which is the subject of a transfer request.

10. Warranty
The performance, quality, or suitability of your device and any accessories or other equipment provided to you in connection with the service are subject to manufacturer's warranties and the specifications of Bell for the device and such equipment and any extended warranty that you may have purchased. your remedy for failure of a device to meet any applicable warranty is specified in the manufacturer's warranty, or extended warranty. Bell and/or manufacturer's standard rates apply for any out-of-warranty repair services. Bell may charge you if you choose to take a "loaner" phone in connection with any repair services. Charges for out-of-warranty repair services and "loaner" phones will be advised to you before you incur these charges. Your device is also subject to the 15 or 30 day return provision set out in the service agreement to which these terms of service are attached.

For more details on your warranty for devices and other equipment, please visit http://www.Bell.ca/warrantyandrepairs or a Bell retailer. Dealers may have different warranty, repair and return policies.

WE DO NOT WARRANT OR GUARANTEE THAT THE DEVICE, EQUIPMENT OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT FAILURE, OR INTERRUPTION. WE DO NOT WARRANT OR GUARANTEE THE PRIVACY OR SECURITY OF ANY COMMUNICATIONS WHILE YOU ARE NOT USING THE SERVICES, EQUIPMENT, OR THE DEVICE.
BELL DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESSED, IMPLIED OR STATUTORY. EXCEPT TO THE EXTEND THAT THIS DISCLAIMER IS EXPRESSLY PROHIBITED BY ANY LAW TO WHICH BELL IS SUBJECT

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 written request approved by us acting reasonably.

11. Updates
Bell may update the software, features and settings on your device including through "over-the-air" means. You agree to and shall permit Bell to make such upgrades and changes as necessary wihout notice.

12. Pre-authorized payment
You expressly authorize Bell to charge your credit card or other pre-authorized payment vehicle he amount of any charges (including taxes) due under your account if (a) you have requested pre-authorized payment via credit card ot other pre-authorized payment vehicle, (b) such charges (including and SAPA or DSAPA) are outstanding or (c) the services and this agreement are terminated. This will constitute Bell's sufficient authority for doing so. 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 due to loss, theft, or expiry, or other reasons.

13. Credit and Spending limit
We may impose a credit and spending limit on your account at any time if your balance, including unbilled usage and pending charges and adjustments exceeds amounts owing in exceeds this limit. Notwithstanding such limit or suspension, you are obligated to pay us any amounts owing in execc of such limit. We may also change your limit at any time. We will give you advance notice if we impose or change a credit and spending limit. If we suspend the srevices, you must pay down your account to an amount below your limit before we will re-start the services. We may charge an administrative fee to re-start the services. this credit and spending limit will be imposed in Bell's discretion, as an alternitive to any required security deposit, but we are not obligted to impose it.

14. Security deposits
Should your credit rating or usage charges warrant, we may require a refundable security deposit from you at any time during the term after 6 months of timely and consistent payments of your acount in full, your security deposit will be, at our option, either (a) returned to you or (b) applied to your account, in either case, without interest. Bell may set off against the securioty deposit, if any outstanding amounts, fees and charges owed by you to Bell.

15. Payments
You agree to pay all applicable fees, charges and taxes relating to the services and device(s). If you are a prepaid client, please see "Prepaid Services" paragraph below. If you subscribe to a post-paid plan you will receive a monthly bill. On your first bill, your account will be assigned a billing date and there will be charges for service incurred between your activation date and your bill date. Your monthly bill is payable upon the date of the invoice and if payment is not received and processed by Bell before your next invoice date you will be charged interest on the balance owing at the rate of two percent per month (or 26.82% per year) (or such other rate as Bell notifies you in writing), calculated from the date of the invoice. You must allow adequate time (typically 5-7 days) for payment to be received and processed to avoid interest charges. Your monthly charges will include your monthly fee applicable to your plan, including any data plan (if you subscribe to a post-paid plan) and all applicable taxes, and your invoice will include charges and fees, and applicable taxes for other services at Bell's then current standard rates (except as otherwise stated in your agreement). Long distance charges and roaming charges payable include foreign taxes Bell must pay in providing long distance and roaming services. Charges payable include a monthly system access fee (which fee helps recover costs associated with operating and maintaining a wireless network, including costs for ongoing maintenance, new equipment installations, and technology upgrades. It is not required by, nor collected for the government.) Long distance charges and roaming charges may apply to use the mobile browser and other data applications. Bell reserves the right to require immediate payment in full 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 invoice for which a credit is requested. 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 an 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 debt or credit.

After the end of any committed service period you continue to be charged fees and charges in accordance with the service plan and features you had selected for all other services provided unless or until (a) you contact us to change or terminate your services or (b) such plan or features are no longer available, in which case Bell may transfer you on 30 day notice to an alternate plan.

16. Prepaid service
Prepaid clients are also subject to this agreement, which shall be in effect on a month-to-month basis until your services are terminated or your device is deactivated due to inactivity as provided for below. You will not receive a monthly bill or any call usage detail records. Charges 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. If you wish to reactivate, a re-activation fee may apply, and you may be assigned a new phone number.. Features and services may be cancelled or suspended without notice by Bell if a negative account balance occurs, or if services are otherwise not paid for. Certain prepaid features you subscribe to require a positive balance in your prepaid account to remain active. 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 ammount to clear any negative balance. Funds deposited in yout prepaid account are non-refundable and will expirea after a specified time period. Using your device as a modem for a PC or other device (tethering) is not permitted on a prepaid account. For more information about Bell prepaid service, please visit our website at http://www.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 for notice purposes.

17. Transferring responsibility
You may not transfer your account or services, or agreement to anyone else without our prior consent. You must contact our client care department and a transfer service fee may be charged. Bell may transfer all or part of this agreement including any rights in accounts receivable at anytime without prior notice or consent.

18. Loss or theft
you shall notify us immediately at the telephone numbers set out below if your device is lost, stolen or destroyed. you are responsible for the cost of replacing it and for all fees and charges incurred before you notify us.

19. Use of service
you are responsible to safeguard your device, and for the use of your device and the services by you and any other persons, except as provided in section 18 above. You shall not use or allow other 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 offense, 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 client's 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 which uses excessive network capacity that is not made available to you by Bell.
*is to provide a substitute or back-up for private lines or dedicated data connections such as DSL
*Is to operate an email, web, server farm, news, chat or other service.

you shall not threaten, abuse or harass any Bell employee or representative. You shall not commit attempt to commit, or allow others to commit or attempt to commit fraud against Bell including fraudulently obtaining services or devices, or transforming outbound communications into incoming communications, or otherwise fraudulently avoiding applicable charges, and shall not otherwise abuse flat rate or unlimited use plans, or allow others to do so. 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 or other identification, signaling, or transmission functions or components of your device. In addition, you must follow all other service regulations issued or adopted by us. Bell may immediately suspend or terminate all or part of your services and this agreement without notice if Bell has reasonable grounds to believe there is a breach of any of these use of service provisions.

20. Additional terms of use for GSM subscribers
The following terms and conditions apply to each GSM device/SIM card you connect to our network and for the roaming services we provide to you for your GSM device via roaming service provider(s).
(i)You agree that it is a physical given that for mobile telecommunications service the possibility of creating or maintaining a connection and the quality of the connection are not equal or adequate in every location at any time.
(ii)You agree that the roaming services may be adversely affected and may (temporarily) be unavailable as a result of physical factors (such as buildings, tunnels, mountains etc) atmospheric circumstances, or adjustments to or maintenance of the network of another provider of telecommunication services, failure in the interconnection, jamming transmitters, or other causes.
(iii)You shall prudently protect the GSM device against loss, abuse, theft or damage.
(iv)If the GSM device is no longer in your possession due to loss, theft or damage, or if you suspect abuse of the GSM device, you must contact Bell Mobility to block the GSM device.
(v)Upon termination of the agreement, or if the roaming services are no longer purchased. you shall destroy yout GSM SIM card.
(vi)You warrant normal use of the GSM device for the purpose of purchasing roaming services, as intended by such providers according to reasonable standards. You shall be liable for any damage arising as a result of unlawful use of the roaming services and the GSM device.
(vii)You shall refrain and prevent others from using the GSM device or roaming services for any purpose (pattern) other than that intended by the relevant telecommunications operator, in any way whatsoever, including "annoyance", "spamming", or any other form of harassment; creating or having third parties create connections with buy lines on a large scale or committing criminal offenses.

21.Indemnity
you are responsible for an will indemnify us for all damages, losses, expenses and any action, claim or judgement which may be made against us by anyone in connection with the use of your device, the service or your violation of this agreement.

22. Licenses
You grant us and our suppliers a world-wide, royalty free, unrestriced 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 with the service and no other purpose. You acknowledge that we may store your user content on our or our supplier's facilities for the purposes of you accessing such content, or others that you wish to hace access such content, but that is 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 want to upgrade or replace a device, content including pictures, contacts, music, screensaver, games and ringtones may not be capable of being transferred to the other device.
By enabling or activating any aspect of the services, including all applications, transactions, downloads, games or other content, you agree to abude 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.

23. Changes to this agreement and the service
You agree that this agreement and any fees, charges or other obligations and any features, options or other aspects of the services may be modifier, discontinued or terminated by Bell except as otherwise specified in this agreement. We will notify you by providing at least 30 days advance nothice of any change that affects you. Nothing in this agreement shall be construed as obligating you to acept receipt of the services after any change is made to this agreement, the services or otherwise; however your sole remedy in the even of such a hcange shall be termination of the service including the payment of any service agreement price adjustment (SAPA) or data service agreement price adjustment (DSPA) that may apply, upon providing 30 days advance written notice. Should you continue to receive the services after such change is effective, you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change, and unless prohibited by law, 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 no oral or written statement or representation of any sales agent, representative or employee of bell made to you can change this agreement.

24. Ending your agreement and services
You may contact us at Bell Client Care at the numbers provided below to terminate all or part of the services with respect to a device, subject to the following:
You may cancel a feature ot option. You will be billed the remainder of any applicable monthly charge and any price adjustment applicable to such feature or option in connection with any special offers or promotins, plus applicable taxes.

If you are a prepaid client, you may cancel your services and this agreement on 30 days advance notice. There is no service agreement price adjustment (SAPA) or data service agreement price adjustment (DSAPA). Any balance remaining in your account on termination is non-refundable.

If you are on a monthly post-paid plan, you may cancel your services and this agreement on 30 days advance notive. If you do so before the end of your committed service period, you must pay any applicable SAPA or DSAPA plus applicable taxes.

If you cancel a data feature or plan bfore the end of the applicable committed service period, you must oay the DSAPA plus applicable taxes.

We may end your agreement and the services by providing you 30 days advance written notice, or at any time without notice if you do not pay any amount owing when due, including a required deposit, or you otherwise breach any term of this agreement. you must pay all applicable SAPA and/or DSAPA plus applicable taxes if we end your agreement and the services as a result of your non-payment or other breach of this agreement.,br>
upon termination of the services and this agreement, you must pay in full all charges that are due including and SAPA, DSAPA, late payment fees and any outstanding payments, fees and charges owing under this agreement, plus applicable taxes. This obligation survives termination of this agreement. Bell will provide a refund of the amount of any credits which remain outstanding (after netting out any amounts payable by you) upon termination of this agreement.

You must contact your financial institution to cancel any direct debit and credit card authorizations relating to your account.

25. Limits on our liability
EXCEPT FOR NON-COMPLIANCE WITH APPLICABLE WARRANTIES OR CONDITION; IN WHICH CASE OUR ENTIRE RESPONSIBILITY IS SET OUT OF SECTION 10(WARRANTY), PHYSICAL INJURIES OR DEATH, DAMAGE TO PROPERTY CAUSED BY OUR GROSS NEGLIGENCE, OR OUR BREACH OF SECTION 4 (PROTECTION OF YOUR PRIVACY), WE ARE NOT LIABLE TO YOU OR ANYONE USING YOUR DEVICE OR THE SERVICES OR ANY THIRD PARTIES INCLUDING FOR THE FOLLOWING:

(I) DEFECTS, FAILURES, OR INTERRUPTIONS IN SERVICE, INCLUDING TRANSMISSION:
(II) ANY DAMAGES, LOSS OR PROFITS, LOSS OF PROPERTY, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR ANY OTHER LOSS, HOWEVER CAUSED, INCLUDING FROM USE OF THE SERVICES OR YOUR DEVICE:
(III) ANY CONTENT TRANSMITTED ON OR RECORDED BY OUR FACILITIES OR OUR SUPPLIER'S, INCLUDING CONTENT THAT MAY BE ILLEGAL, DANGEROUS, DEFAMATORY, OFFENSIVE OR ANNOYING OR WHICH MAY INFRINGE UPON OTHER'S 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 OTHER SERVICES ON BEHALF OF SUCH THIRD PARTY:
(IV)ANY VIOLATION BY YOU OF THE AGREEMENT, YOUR NEGLIGENCE, OR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICES, OR YOUR DEVICE AND/OR
(V)LOSS, THEFT, DAMAGE TO OR UNAUTHORIZED USE OF THE SERVICES, YOUR DEVICE, ANY EQUIPMENT, ANY BELL PREPAIS CARDS, VOUCHERS, COLLATERAL, ELECTRONIC RECEIPTS OR THE 2 DIGIT PERSONAL IDENTIFICATION NUMBER.

The following applies when we provide e 9-1-1 services. (a)our liability is not limited by the limiteations set out below in cases of our deliberate fault; gross negligence or anti-competitive conduct or incasses of breach of contract where the breach results from our gross negligence: (b) except in cases where our negligence results in physical injury, death or damage to your property pr premises, our liability for negligence related to our provision of 911 services is limited to 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; (c) in addition, in respect of our provision of 911 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 you; and (iii) any act, omission or negligence of other companies or telecommunications systems when facilities of such other companies telecommunications systems are used in establishing connections to out from your facilities and device and equipment.

26. Notices
Bell may use e-mail, text messages, telemarketing, phone, direct mail, voice mail, or any other methos 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 to Bell companies that we think will interest you. You agree to give us prompt notice of any change of name, address, telephone number or other contact information.

All client care issues hould be addressed to the Client Care Department at the telephone numbers or addresses listed below, provided that you must contact us at the phone numbers provided below to terminate your services, or this agreement. All notices of legal proceedings or legal demand letters must be forwarded in writing to:

Bell Mobilility Law dept.

5099 Creekbank Road

Mississauga, Ontario

CANADA

L4W 5N2

27. 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 the addres you provided us is located. These terms and conditions are subject to amendment, modification or termination if required by cush laws or regulations. If any provision in this agreement is declared to be invalid or in conflict with any such regulation, that provisin may be deleted or modified, without affecting the validity of 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 connectin with the services or your device, ther terms and conditiond of this agreement shall prevail. This agreement does not grant any personal or real properry rights in the service. You agree that this agreement shall be written in the English language. Les parties aux presentes conviennent a ce que ce document soit redige dans la langue anglaise. If you are a business, corporation or other entity, then you and the individual user of the services and 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.

28. Agree and activate
BY (A) SIGNING THE 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 9SUCH AS VIA A CLIENT CARE REPRESENTATIVE OR AN INTERACTIVE VOICE REPONSE SYSTEM) OR (D) ACTIVATING THE SERVICE, YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE L IMITS ON OUR LIABILITY 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 15 OR 30 DAYS OF THE PURCHASE DATE OR 15 TO 30 MINUTES OF USE, WHICHEVER OCCURS FIRST AND IN ACCORDANCE WITH YOUR SPECIFIC RETURN POLICY.

IF YOU FO NOT ACTIVATE THE DEVICE ON OUR NETWORK WITHIN 45 DAYS OF THE DEVICE PURCHASE DATE YOU WILL BE LIABLE FOR ANY APPLICABLE SAPA AND DSAPA.

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.

29. To contact us

By telephone:
From any phone: 1800 667 0123
From the United States: 1 800 667- ROAM (7626)

In person:

200 Boul. Bouchard
Dorval, QC
H9S 5X5
(8:30 a.m - 5:30 p.m) EST

5099 Creekbank Road East/Main entrance
Mississauga ON
L4W 5N2
(8:30 a.m - 5:30 p.m) EST

* In New Brunswick, Nova Scotia, Prince Edward Island and newfoundland & Labrador, "Bell" means Bell Canada.

Bell Privacy Policy

The Bell Commitment to Privacy

At Bell, we know you are the reason we are in business. Our longstanding commitment to safeguarding your right to privacy is the reason for our reputation as a leader in the protection of customer privacy.

Download the full text of theBell Customer Privacy Policy (pdf - 208K).

Each year, we ensure that our employees sign a code of business conduct that requires the safeguarding and proper use of personal computer information. We also place strict controls on the protection and use of personal information within our systems and web sites and ensure that our employees are trained to respect your privacy at all times.

TheBell Customer Privacy Policyand theBell Code of Fair Information Practices spell out the commitments of the Bell companies and the rights of customers regarding personal information. They also comply fully with the Personal Information Protection and Electronic Documents Act, which comes into effect on January 1, 2001.

Policy Applies to Bell Companies

The Bell Privacy Policy applies to the Bell Companies including Bell Canada, Bell Mobility, Bell ActiMedia, Bell ExpressVu, Bell Nexxia, and Bell World or Espace Bell stores.

In addition to the Bell Privacy Policy, the Bell companies may also be subject to the requirements of applicable legislation, tariffs and regulations and the orders of any court or other lawful authority.

Any time you do business with any of these companies, or with anyone acting as an agent on our behalf, you are protected by the rights and safeguards contained in the Policy and Code.

What is personal information?

Personal information is information about an identifiable individual. This includes information about your product and service subscriptions and usage. Publicly available information, such as a public directory listing of your name, address, telephone number and electronic address, is not considered personal information.

The Bell companies collect personal information only for the following purposes:

• to establish and maintain a responsible commercial relationship with you and provide you with ongoing service;
• to understand your needs and develop and recommend suitable products & services;
• to manage and develop our business and operations, including personnel and employment matters; and
• to meet legal and regulatory requirements.

Your personal information will not be used for any other purpose without your consent.

We share information among the Bell companies to help us identify your information, communication, and entertainment needs, and provide you with relevant information, advice, and solutions to meet those needs. Call 310-BELL or send us an e-mail if you do not wish to have your information shared within Bell companies. Sharing information, it's your choice!