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Our agreement with you
Thank you for selecting NorthernTel Mobility as your wireless service provider. These Terms of Service are needed for legal reasons and form the agreement (the "Agreement") that will govern your relationship with NorthernTel Mobility (sometimes referred to as "us" or "we"). The Agreement is binding on you and us for each device that you connect to our network and for service we provide to you for your device.
Definitions
Devices: Any wireless communication device, including cell phones, pagers, camera phones, camcorder phones, handheld computers or other communicators that you connect to our network.
Term: The service period of either 30 days, 12 months, 24 months or 36 months selected by you, starting on the date your service is activated.
System Access Fee: The fee payable by you to cover the costs associated with operating and maintaining the NorthernTel Mobility network, including costs for ongoing maintenance, new equipment installations and technology upgrades.
Cancellation Fee: The fee you pay us if you end your Agreement having a Term of 12 months ($99), 24 months ($199) or 36 months ($299) before it expires.
Long Distance Charges: The charges payable by you for establishing long distance connections with your device.
Roaming Charges: The charges payable by you when the call made with your device is routed to another provider's network.
e9-1-1 Services: Any emergency services that we are mandated to provide you.
What we'll provide to you
Guaranteed airtime pricing
We will not increase your monthly access fee or your airtime rates for local out of bundle calls during the Term. Fees and charges for features or services, Long Distance and Roaming charges, text messaging, mobile browsing and picture messaging charges, video messaging charges, System Access Fee, 9-1-1 emergency service fees, connection charges, device leasing charges and late payment charges may increase during the Term at our discretion after giving you at least 30 days notice. Promotional offers may be available to you when you activate your service and during the Term and are offered at our discretion for limited periods of time.
Protection of your privacy
All information that NorthernTel Mobility 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 NorthernTel Mobility is required by law, NorthernTel Mobility will not disclose your personal information to anyone other than to:
- you;
- a person who, in our reasonable judgment, is seeking your personal information as your agent;
- another telecommunications service provider for the purpose of providing you with efficient and cost-effective telecommunications service;
- another company for the purpose of supplying you telephone or telephone directory related services ;
- an agent that we retain for the purposes of evaluating your credit worthiness or collecting your account;
- a public authority if it appears there is imminent danger to life or property.
We also protect your personal information in accordance with the NorthernTel, Limited Partnership, Customer Privacy Policy and the NorthernTel, Limited Partnership Code of Fair Information Practices, which apply to the NorthernTel, Limited Partnership Companies. By signing this Agreement you consent to the sharing of account and profile information held about you by each of the NorthernTel, Limited Partnership Companies with the other NorthernTel, Limited Partnership Companies in order to help us better identify your communication and entertainment needs, and to provide you with relevant information, advice, and solutions. To view our full Policy and Code, please visit www.northerntel.ca.
By signing this Agreement you also consent to NorthernTel Mobilityobtaining information about your credit history from a credit reporting agency for the purpose of activating your service, and to disclosing your NorthernTel Mobilitycredit history to a credit reporting agency.
Your telephone number
You do not own the telephone number that we have provided to you and we reserve the right to change it if required. We will notify you in advance and we will not be liable for any costs 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 dialing *67 before you dial the desired phone number. If you choose to permanently block your display, you can unblock the display by dialing *82 before you dial the desired phone number.
Warranty and return policy
The performance, quality, or suitability of your device is subject to the manufacturer's specifications and warranty. We do not guarantee uninterrupted service and will not be liable for any damages, losses or expenses that may arise due to temporary network failure or disruption of your services.
Should you wish to return your device, you may be permitted to do so within 15 days of purchase but you will be responsible for all fees and charges for usage incurred prior to return and cancellation.
Ending your Agreement
Your Agreement will end if:
- You contact us to terminate your service before your Agreement expires.
- We contact you to end your Agreement if at anytime you do not pay any amount owing when due, including a required deposit, or you otherwise violate these Terms of Service.
When Your Agreement ends:
- Your account will be de-activated and your service will terminate 30 days after you have chosen to end your agreement or immediately in some cases if we have ended your Agreement.
- You must immediately pay all charges that are due including any Cancellation Fee and any outstanding payments or finance charge(s) - in connection with device leasing.
- You must contact your financial institution to cancel direct debits and credit cards authorization relating to your account
If your Agreement has not ended, as provided above, then upon the expiry of your Term, and provided there are no overdue charges on your account, your Agreement will be automatically renewed on a monthly basis and if your former rate plan is not available, we will provide you an alternative.
Card Authorization
In exchange for the instant rebate on the purchase of my wireless device, I authorize NorthernTel Mobilityto charge my credit card the amount of any outstanding charges due under my account and/or any applicable Cancellation Fee under my Agreement if I voluntarily deactivate my account of it is deactivated by NorthernTel Mobilityfor non-payment of any violation of these Terms of Service. This will constitute NorthernTel Mobility's 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 NorthernTel Mobilityif my credit card information changes due to its loss, theft or cancellation. I understand that the credit card will only be charged the amounts described above and that I will still receive a monthly invoice statement from NorthernTel Mobility. I understand that NorthernTel Mobilitywill not provide my credit card number to any other person without my prior express consent.
Your obligations
Payments
Monthly Service
Your monthly bill is payable upon receipt and if not paid within 30 days of the date indicted on the bill you will be charged interest on the balance owing at the late payment rate indicated on your bill. If you fail to pay your bill, or any interim payment, on time, we may suspend your service or end your Agreement and terminate your service. Your monthly charges will include your monthly access fee, all applicable taxes, and may include: local out of bundle minutes, fees and charges for features, Long Distance and Roaming charges; text messaging, mobile browser, picture messaging charges and video messaging charges; System Access Fee, 9-1-1 emergency service fees, connection charges, device leasing charges, late payment charges and all applicable taxes.
Prepaid Service
Prepaid customers are also subject to these Terms of Service. Charges will be deducted (i) immediately for usage and pay per use services and (ii) every month for recurring features, in each case from your NorthernTel Mobilityprepaid account in accordance with the terms described in your Prepaid package.
Security deposits
Should your credit rating or usage charges warrant, we may require a refundable security deposit from you. Your security deposit will be returned to you after 6 months of consistent payments apply directly on your account.
Transferring responsibility
You may not transfer your account to anyone else without our prior consent. You must contact our Customer Service department and a transfer service fee may be charged.
Loss or theft
It is your responsibility to notify us immediately if your device is lost, stolen or destroyed. You are responsible for replacing it and for all fees and charges incurred prior to you notifying us.
Responsible use of services
You cannot use the services or your device for any illegal or abusive purposes. You cannot use the services or device if your use causes our network, or our ability to provide services to others, to be adversely affected. You cannot threaten or abuse any NorthernTel Mobilityemployee or representative. To protect the integrity of our network, you may not resell any of our services or allow any alteration of the electronic serial number located on your device. In addition, you must agree to follow all other service regulations issued or adopted by us.
Indemnity
You are responsible for and will indemnify us for all damages, losses, expenses and any action, claim and judgment which may be made against us by anyone in connection with your use of our services or violation of these Terms of Service.
Licenses
You grant us and our suppliers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from any and all user content you elect to post in connection with the service, solely as required for us to provide you the service. You acknowledge that we may store your user content on our facilities for the purposes of you accessing such content, but that if you fail to access such content within a certain period of time (not less than 30 days from the last access unless we tell you otherwise) or if your service terminates, we may delete such content without notice to you.
Limits on our liability
Except for physical injuries or death, or damage to property caused by our gross negligence, we are not liable to you or anyone using your device for the following:
- defects, failures or interruptions in transmission;
- any damages, loss of profits, loss of property, loss of earning, loss of business opportunities, or any other loss, however caused, arising directly or indirectly from your use of the service, features or your device;
- any content transmitted on or recorded by our network, including content that may be illegal, dangerous, defamatory or annoying or which may infringe upon the intellectual property, privacy or other rights of another party;
- our acts or omissions, including those of our employees, agents and persons for whom we are legally responsible, whether negligent or otherwise;
- any violation by you of these Terms of Service, your negligence, or acts or omissions when using the service, features or your device;
- loss, theft or unauthorized use of any NorthernTel Mobilityor Bell Mobility Prepaid cards or the 12 digit-pin.
The following applies when we provide e9-1-1 Services. Our liability is not limited by the limitations set out below in cases of our deliberate fault, misconduct gross negligence or anti-competitive conduct or in cases of breach of contract where the breach results from our gross negligence or misconduct. Except in cases where our negligence results in physical injury, death or damage to your property or premises, our liability for negligence related to our provision of e9-1-1 Services is limited to the greater of $20 and three times the amount you would otherwise be entitled to receive as a refund for the provision of defective service under this Agreement. In respect of our provision of e9-1-1 Services, we are not liable for: (i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our telecommunications network from your property or premises or recorded by your device or our equipment; (ii) damages arising out of your acts, default, neglect or omission in the use or operation of equipment we have provided to you; and (iii) damages caused by the transmission of data or messages through our telecommunications network on your behalf which are subsequently proven to be illicit in any respect. When the facilities of other companies or telecommunications systems are used in establishing connections to or from your facilities and device, we are not liable for any act, omission or negligence of such other companies or telecommunications systems in relation to our provision of e9-1-1 Services.
Agree and Activate
If you do not agree with the above Terms of Service, do not proceed with the activation of your device and please return it to us undamaged in its original packaging within 15 days of the purchase date. If you do not sign the contract but activate your device and use the service, you agree that you are bound by the above Terms of Service.
These Terms of Service cannot be modified in any way by your NorthernTel Mobilitysales representative or agent. If you require further information please contact or Customer Service at 1-800-360-8555. Thank you for reviewing the Terms of Service. We look forward to serving you.
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