TERMS AND CONDITIONS OF SERVICE
Effective August 15, 2016
Your service details, these terms and conditions of service and any schedules attached to these terms and conditions of service ("Schedules"), along with any requested work orders and your bill (which may include notices of changes to your contract) all taken together form the entire contract ("Contract") between you ("Member" or "you") and Virgin Mobile Canada. You should review the entire Contract. All of the parts are important and together create a legal agreement that applies to you once you have accepted it. Virgin Mobile Canada relies upon your word that you have reached the legal age of majority in your province or territory of residence and are authorized to enter into this Contract. To help you to understand your rights and obligations under this Contract, these terms and conditions of service are written in a question and answer format. Virgin Mobile Canada is a division of Bell Canada. ("Virgin Mobile", "we" or "our").
1. How do I accept my Contract with Virgin Mobile? You are considered to accept this Contract on the earlier of the date: (a) you receive a copy of these terms and conditions of service; or (b) you access or use Internet Services (defined in Section 2), unless otherwise determined by applicable laws. You understand and agree that you are bound by this Contract, now and in the future. You must not use the Internet Services if you do not agree to this Contract.
2. What is covered by this Contract? This Contract is for Virgin Mobile Internet Services. The "Virgin Mobile Internet Services" or "Internet Services" (as they will be called in this Contract) include the installation and provision of internet services, any additional features, and any additional equipment owned by Virgin Mobile (including equipment rented from Virgin Mobile) ("Virgin Mobile Equipment") that you may need to receive the Internet Services, such as devices, modems, routers, accessories, hardware, networks, platforms, batteries and/or other products. The Internet Services covered by this Contract do not include wireless telecommunication services provided to you by the Virgin Mobile Canada division of Bell Mobility ("Virgin Mobile Wireless Services").
3. Can Virgin Mobile make changes to this Contract? Virgin Mobile may change the Contract, including the Fees (defined in Section 15) and Internet Services, by giving you at least 30 days' prior notice in writing of the change. Virgin Mobile may give you notice by posting it on virginmobile.ca, by including it on your bill, by sending it to you by email, or by any other reasonable method. Subject to Virgin Mobile's right to make changes, no other statements (written or verbal) will change this Contract.
4. What if I want to refuse a change to this Contract made by Virgin Mobile? If you want to refuse the change, you can cancel your Internet Services as set out in Section 45.
5. Can I make changes to the terms and conditions of service that are in this Contract? You may not make any changes to these terms and conditions of service. However, depending on your plan details, you may be able to add or remove certain Internet Services. You will need to check your plan details to see if additional Fees may apply.
6. What if parts of this Contract become unenforceable? If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Virgin Mobile. Remember that even if Virgin Mobile decides not to enforce any part of this Contract for any period of time, the term still remains valid and Virgin Mobile can enforce it in the future.
7. What laws apply to this Contract? Because Virgin Mobile is federally regulated, this Contract is governed by the federal laws and regulations of Canada and any provincial laws which might apply to Virgin Mobile in the province in which your Internet Services are provided. If at any time the Canadian Radio-television and Telecommunications Commission regulates the Internet Services through any tariff(s), then such tariff(s) will apply in addition to this Contract. If there is an inconsistency or conflict between this Contract and any such tariff(s), then the tariff(s) will prevail.
8. Can this Contract be transferred? Virgin Mobile may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Contract, your account or the Internet Services without Virgin Mobile's prior written consent.
9. What if I prefer this Contract to be in French? You are receiving this Contract in English because you requested a copy in English. Vous avez demandé que cette entente ainsi que tous les documents en faisant partie soient rédigés dans la langue anglaise mais si vous souhaitez que votre entente soit en français, veuillez communiquer avec nous, aux coordonnées indiquées à la fin de ce document.
11. Does Virgin Mobile collect, use or disclose my credit information? By accepting this Contract you consent to our and Bell Mobility Inc.'s collection of your credit and payment information from another Related Company, credit grantors and reporting agencies over time. You also consent to our and Bell Mobility Inc.'s use and disclosure of this information to these parties to assist with assessing your creditworthiness, and our and Bell Mobility Inc.'s disclosure of this information to collection agencies to assist with the collection of monies owed, all from time to time.
12. How can I be sure that Virgin Mobile has accurate contact information for my account? Remember you are responsible for keeping the contact and payment information you provide to Virgin Mobile for yourself and any authorized users (including name, mailing address, email address, telephone number, credit card or bank account information, and address where the Internet Services will be provided to you or any authorized users ("Service Address")) up-to-date. Visit virginmobile.ca/myaccount or call us to confirm that the information we have on file is correct. If this Contract is cancelled, you will provide Virgin Mobile with forwarding information for final bills or correspondence if your new contact information is different from the information we have on file. If you do not provide a forwarding address you may forfeit any outstanding credits or deposits on your account.
13. How does Virgin Mobile market products and services to me? At Virgin Mobile, we use a number of communications to keep our members informed of ways to save, new product releases and other useful information. We may send you commercial electronic messages or call you to tell you about Virgin Mobile's and our third party marketing partners' products and services. You can unsubscribe or manage your communication preferences for commercial electronic messages by visiting virginmobile.ca/communicationpreferences, and you can unsubscribe from telemarketing messages by calling 1-866-580-3625. You will continue to receive service-related messages even if you choose not to receive marketing communications.
TERM AND RENEWAL
14. How long is my Contract for Internet Services? Internet Services are provided to you on an ongoing monthly basis ("Month-to-Month Term"), unless when you order the Internet Services you and Virgin Mobile agree to a minimum contract period ("Fixed Term") for Internet Services. The Term (as defined below) of your Internet Services will begin on the date you accept the Contract, and will expire at the end of the first Month-to-Month Term or the Fixed Term, as applicable (this is your "Initial Service Period"). Upon expiration of your Initial Service Period, the Internet Services will continue to be provided to you on a Month-to-Month Term at Virgin Mobile's then-applicable rates, unless you cancel your Internet Services. The Initial Service Period as continued is called the "Term".
FEES, BILLING AND PAYMENT
15. How does Virgin Mobile bill me for Internet Services? Virgin Mobile will bill you monthly, in advance. You must pay all fees due for Internet Services, whether recurring or one-time charges ("Fees") and taxes upon receipt of your bill. If payment is not received by Virgin Mobile within 30 days of the bill date, you will be charged interest from the bill date on the balance owing at the compounded interest rate set out in Schedule A, calculated and compounded monthly from the bill date ("Late Payment Charge"). Virgin Mobile may bill you for Fees and applicable taxes up to 12 months after the date they were incurred.
16. How can I pay my bill for Internet Services? You can pay your bill online through your bank account, by cheque (through the mail) or by credit card unless otherwise advised. If you also subscribe to Virgin Mobile Wireless Services then you may be required to use the same payment method for both your Virgin Mobile Wireless Services and your Internet Services. You may also set up a pre-authorized payment plan (which may be required to obtain Internet Services). If you provide a credit card or bank account (or other pre-authorized payment method) to Virgin Mobile for your monthly payments, you authorize Virgin Mobile to charge your credit card or debit/charge your account for all outstanding Fees, applicable taxes and account balances due under this Contract, including any applicable Late Payment Charges and Cancellation Charges (as defined in Sections 15 and 46, respectively). You confirm that the credit card or bank account from which you have authorized payment is in your name, is valid and has not expired. Your current and authorized credit card information appears on your Member account profile at virginmobile.ca/myaccount, and your current authorized bank account information is on your Preauthorized Debit Authorization form . If you also subscribe to Virgin Mobile Wireless Services and have completed a Preauthorized Debit Authorization form in connection with your Virgin Mobile Wireless Services agreement then you may be required to use the authorized bank account information you provided on that form to pay your bill for Internet Services. You must promptly advise Virgin if your credit card or bank account information changes. Virgin Mobile may charge your account a Fee plus applicable taxes if your payment is refused by your financial institution for insufficient funds to the extent permitted by law. This Fee is to offset costs incurred by Virgin Mobile.
17. What if I dispute a Fee on my bill? If you question or dispute any Fees on your bill, you must do so within 90 days of the bill date; otherwise we will presume that you accept all Fees. Disputed Fees will not be considered past due unless Virgin Mobile has conducted an investigation and concluded that the Fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment. You must pay all undisputed portions of the Fees within 30 days of the original bill date, failing which the undisputed portion of the Fees will be past due and you will be charged, and must pay, the Late Payment Charge for the undisputed portion.
18. How do discounts or promotions work? Virgin Mobile will apply any discounts, incentives or promotions (including promotional bundle discounts or credits) to your account while: (a) Virgin Mobile maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements. Virgin Mobile may change any discounts, incentives or promotions and the eligibility requirements at any time.
19. What additional charges may be applied to my bill? Virgin Mobile may charge additional Fees to offset administrative, processing, environmental or service costs for your account (for example, Fees for collections efforts due to non-payment or returned payments, suspension, disconnection or reactivation of Internet Services). These charges can be found on virginmobile.ca/onetimefees or in Schedule A, and may change over time.
20. Am I responsible for usage charges over my plan limits? You are responsible for choosing the Internet Service package that is most appropriate to your needs. Any usage in excess of the limits applicable to the Internet Services plan subscribed to will be charged to you at the rates published on virginmobile.ca. It is your responsibility to monitor and manage your monthly activity and to ensure your usage remains appropriate to your Internet Services package.
21. Will Virgin Mobile ever require a deposit or interim payment? In exceptional circumstances, Virgin Mobile may require you to pay the Fees and applicable taxes on an interim basis, despite your monthly billing cycle. If this happens, you must pay these amounts on or before the required due date to avoid cancellation or suspension of your Internet Services. Virgin Mobile may also require you to make deposits and will provide you with the reason for requiring a deposit. Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1%, calculated monthly on the last day of your monthly billing period, prorated for any partial month Virgin Mobile holds the deposit. When Internet Services are cancelled or the conditions justifying the deposit no longer apply, Virgin Mobile will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to Virgin Mobile and/or any Related Company, then refund you the balance of the deposit, if any.
22. What if I owe money to another Related Company? If your account with any Related Company is in arrears, Virgin Mobile may bill you for, collect or set off any amounts owed to these Related Companies. Virgin Mobile may also refuse to provide you with Internet Services.
RESPONSIBLE USE OF VIRGIN MOBILE INTERNET SERVICES
23. Are there any rules regarding my use of Internet Services? Yes. Abuse or misuse of Internet Services impacts every Virgin Mobile Member with Internet Services and is something Virgin Mobile takes very seriously – and which could result in the cancellation of your Contract with Virgin Mobile, or lead to criminal or civil charges. Remember that Internet Services include Virgin Mobile Equipment. Failure to comply with these rules may result in Virgin Mobile modifying, removing or disabling the software used in Your Equipment (defined in Section 35) so that Your Equipment no longer works. For example, you are prohibited from:
- a) using, enabling, facilitating, or permitting the use of any Internet Services for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Virgin Mobile's network operations (including preventing a fair and proportionate use by others);
- c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Virgin Mobile may (i) filter any e-mail determined by Virgin Mobile to be spam from your in-box to an anti-spam folder and delete this email; and (ii) set a limit on the number of messages a Member may send or receive through e-mail;
- d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms) or in the fraudulent use of telecommunications or broadcasting services;
- e) using any Internet Services for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Internet Services);
- f) attempting to receive any Internet Services without paying the applicable Fees, modifying or disassembling Virgin Mobile Equipment, changing any identifier (explained in Section 31) issued by Virgin Mobile or a Related Company, attempting to bypass Virgin Mobile's network, or re-arranging, disconnecting, removing, repairing or otherwise interfering with Internet Services, Virgin Mobile Equipment or Virgin Mobile's facilities;
- g) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with Internet Services (whether owned by or used under licence to Virgin Mobile) for any purpose including "testing" or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through Internet Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through Internet Services;
- h) posting or transmitting any information or software containing a virus, "cancelbot", "Trojan horse", "worm" or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host's security mechanisms); and
- i) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Virgin Mobile employees, suppliers, agents and representatives.
24. How does Virgin Mobile help to ensure the responsible use of Internet Services? Virgin Mobile works hard to ensure continued efficient operation of the Internet Services. Virgin Mobile has the right (but not the obligation) to monitor Internet Services (electronically or otherwise), including your use of Internet Services and the location of any Equipment (defined in Section 35) or Personal Devices (defined below in this Section 24) receiving the Internet Services. From time to time, Virgin Mobile may ask you to connect Equipment to a specific network so that Virgin Mobile may verify its location and you must immediately do so. Virgin Mobile may monitor or investigate any content, use of Programming or your use of Virgin Mobile's networks, including bandwidth consumption and how it affects operation and efficiency of the network and Internet Services. Virgin Mobile may disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize Internet Services and to protect itself or others or take other actions as set out in Section 48. "Personal Devices" means end-user devices such as personal computers, tablets and other mobile devices using specified authentication credentials.
25. How do I help protect my Virgin Mobile account? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Internet Services and Virgin Mobile Equipment by yourself and other users (authorized or not). You must also protect your computer systems, software, and the Equipment from theft, unauthorized use and system corruption. You are responsible to back up and safeguard your data, including your email and voicemail messages. Virgin Mobile may delete your data if the Internet Service is cancelled, or if you fail to access it within a certain period of time (as determined by Virgin Mobile). If you have concerns about unauthorized persons ordering Internet Services without your permission, you should investigate the appropriate use of parental controls, passwords and personal identification numbers (PIN) for your account.
26. What am I responsible for if my Virgin Mobile account is compromised? You must notify Virgin Mobile immediately should you suspect unauthorized use of the Internet Services or if Virgin Mobile Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.
27. Do I need to do anything to help Virgin Mobile provide Internet Services to me? Where required, you shall: (a) appoint Virgin Mobile to act as your agent solely to ensure Virgin Mobile can provide you with the requested Internet Services, including (if necessary) cancelling services with your current service provider(s) and ensuring Virgin Mobile's right to access and use the inside wiring at your Service Address; and (b) permit Virgin Mobile to install, replace, remove, update or modify software as required to provide Internet Services. Virgin Mobile is not responsible for the state or condition of existing wiring or Your Equipment and may require repairs or modifications in order to install Internet Services.
28. What if I am experiencing technical issues with the Internet Services? Please contact Virgin Mobile for technical support. When providing you with technical support, you agree that Virgin Mobile (including third-party service providers who may be located outside of Canada) may access, take control of the Equipment by remote control, including the installation and, where applicable, de-installation of certain software. Virgin Mobile's technical support contact information is set out at the end of this Contract.
29. Are there circumstances when Virgin Mobile might not be able to provide Internet Services to me? Unfortunately, yes. The check(s) completed by Virgin Mobile when you placed an order for Internet Services are preliminary. Due to the nature of technology and the time required to confirm your eligibility (including completing any credit check(s)), Virgin Mobile may deem Internet Services unavailable to you up to, including, and after installation. The performance and availability of the Internet Service may depend on several factors, including the location of Equipment, the structure to which the Equipment is attached, the configuration of the Equipment, weather conditions or even third-party restrictions that Virgin Mobile does not control.
30. Do I also have to subscribe to Virgin Mobile Wireless Services in order to receive Virgin Mobile Internet Services? No. You do not have to subscribe to Virgin Mobile Wireless Services in order to receive Virgin Mobile Internet Services . However, certain Internet Service plans and pricing may only be available to you if you also subscribe to postpaid Virgin Mobile Wireless Services.
31. Do I own the numbers/identifiers that Virgin Mobile assigns to me? No. Virgin Mobile may issue or assign to you certain unique identifiers for the Internet Services, as applicable (e.g., IP address, username, password, etc.). You do not own or acquire any right in any assigned number or identifier. Virgin Mobile may, at any time and without liability, change or withdraw any number or identifier.
32. Am I responsible for content that I provide in connection with Internet Services? Virgin Mobile assumes that you own any content you post, upload, store, transmit or communicate to others using the Internet Services, including data, documents, videos, music, photos, etc. or that you have the necessary rights to use it. You are responsible for this content. Virgin Mobile is not liable for the unauthorized use or distribution of this content (including third-party content).
33. Can Virgin Mobile use my content? To provide Internet Services, Virgin Mobile may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the Internet Services, you waive your moral rights and you authorize Virgin Mobile to perform these activities in relation to your content anywhere in the world, solely as required for Virgin Mobile to provide you the Internet Services. You acknowledge that Virgin Mobile may store your content so you can access such content, but that if you fail to access such content within a certain period of time (as determined by Virgin Mobile), or if the Internet Services are cancelled, Virgin Mobile may delete such content without notice to you.
34. What content does Virgin Mobile provide? Virgin Mobile may provide content as part of the Internet Services, including programming packages and subscriptions, pay per view, on-demand and interactive services, applications, and any other related content that Virgin Mobile may provide to you from time to time ("Programming"). Any Programming that may be provided will be provided on a "subject to availability" basis and is subject to change. Virgin Mobile will not refund charges or credit you for any blackout period or temporary interruptions. Programming may not be redistributed, rebroadcast, transmitted or performed in any form, and no admission may be charged or any other consideration received by or for your benefit from any third party in return for allowing such third party to listen to or view any Programming provided by or through Virgin Mobile.
35. Who is responsible for the Equipment I need to use the Internet Services? You are responsible for the equipment and systems you own ("Your Equipment") and any Virgin Mobile Equipment you use with the Internet Services (together, "Equipment") and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any Virgin Mobile Equipment and maintain it in good working condition following the manufacturer's recommendations ("Good Condition"). You must ensure that Your Equipment meets Virgin Mobile's minimum requirements (see virginmobile.ca/minreq) to use Internet Services at all times. Virgin Mobile may also replace, upgrade or modify the Virgin Mobile Equipment required for the use of Internet Services, migrate your Internet Services to other networks or platforms, or change its suppliers and may do so without notifying you.
36. Who installs the Equipment? All Equipment must be installed and activated by Virgin Mobile at the Service Address, unless Virgin Mobile tells you otherwise. Once installed, the Equipment may not be moved other than as permitted in this Contract. The installation of Equipment may be subject to installation charges.
37. What happens if Equipment becomes out of date? Virgin Mobile may change the minimum requirements for Equipment, in which case you may need to update or replace Your Equipment. If you fail to do so, Your Equipment might not be adequate to access or use Internet Services and your only remedy is to cancel the affected Internet Services. Virgin Mobile does not guarantee that Internet Services will be compatible with all system configurations.
38. Does Virgin Mobile provide software updates? You may receive software downloads from Virgin Mobile to your Equipment to the extent that such downloads are reasonably necessary for the continued efficient operation of your Internet Services. For example, Virgin Mobile may update or upgrade the software in the Equipment to ensure that it remains compatible with and functions properly with any technological improvements made by Virgin Mobile to the Internet Services. Sometimes Virgin Mobile may have to modify or remove some software features to introduce new features and to ensure the Equipment remains compatible with such technological improvements.
39. Can I move the Equipment once it is installed? You must not use, alter or disturb any Equipment or the inside wiring in any way that might impact the provision of Internet Services. Remember that additional Fees may apply if any repair or restoration is required unless Virgin Mobile tells you otherwise.
40. Can I rent Virgin Mobile Equipment? Yes, you may be required to rent the Virgin Mobile Equipment needed to obtain Internet Services Month-to-Month or for a Fixed Term, depending on available rental options ("Rental Term"). A maximum Rental Term may apply. Unless you exercise an option (if any) to purchase the Virgin Mobile Equipment, the Virgin Mobile Equipment will remain the property of Virgin Mobile. Virgin Mobile may, in its discretion and at any time, replace any part of the Virgin Mobile Equipment with new or refurbished equipment of comparable functionality. Any limited warranties found in the user manuals of any Virgin Mobile Equipment do not apply to rental equipment.
- a) What happens if Virgin Mobile Equipment is lost, stolen or damaged? If you rent Virgin Mobile Equipment, the risk of loss, theft or damage passes to you upon the earlier of (i) you taking possession of the Virgin Mobile Equipment; or (ii) the completion of the installation by Virgin Mobile of the Virgin Mobile Equipment. You are responsible for replacing Virgin Mobile Equipment at your own cost and for all Fees incurred as a consequence of its loss, theft, destruction or damage. To the extent permitted by applicable law, Virgin Mobile may, in its discretion and without liability to you, enter onto your property and inspect, maintain, repair, relocate or replace any Virgin Mobile Equipment as needed.
- b) When do I return Virgin Mobile Equipment? You will follow Virgin Mobile's instructions regarding the return to Virgin Mobile of all Virgin Mobile Equipment, which must be returned in Good Condition (reasonable and normal wear and tear excepted) within 30 days from (i) the cancellation (by you or Virgin Mobile) of the Internet Services or this Contract; or (ii) upon Virgin Mobile's request.
- c) What happens if I don't return Virgin Mobile Equipment or return it damaged? To the extent permitted by applicable law, if you fail to return any of the Virgin Mobile Equipment as required by Virgin Mobile in Good Condition within 30 days, Virgin Mobile may charge you the Virgin Mobile Equipment non-return fees as set out in Schedule A, plus applicable taxes.
- d) What happens to the Virgin Mobile Equipment when it is no longer useful? Upon cancellation, or at the end of the Virgin Mobile Equipment's expected useful life (as determined by Virgin Mobile), Virgin Mobile may either (i) attend at your Service Address to remove the Virgin Mobile Equipment (in whole or in part) subject to a removal fee, in which case you will obtain and grant, at your cost, all approvals necessary for Virgin Mobile to attend at your Service Address for de-installation and removal of Virgin Mobile Equipment; (ii) abandon and leave the Virgin Mobile Equipment (in whole or in part) at your Service Address; or (iii) request that you return the Virgin Mobile Equipment as set out above. You expressly acknowledge that Virgin Mobile is not responsible for any costs or damages associated with de-installation or removal of the Virgin Mobile Equipment unless caused by Virgin Mobile's intentional fault, negligence or poor workmanship at the time of de-installation or removal.
VIRGIN MOBILE'S LIABILITY
41. Are there any warranties on the Internet Services? To the extent permitted by law, Virgin Mobile makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Internet Services. Virgin Mobile assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Internet Services, even where such unavailability occurs after installation of the Internet Services.
42. Are there any warranties on Equipment that I purchase from Virgin Mobile? Your Equipment may have a manufacturer's warranty. Please review any manufacturer's warranty to understand what protection it offers and what exclusions apply.
43. How does Virgin Mobile limit its liability? To the extent permitted by applicable law, Virgin Mobile's liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $20 or an amount equal to the service fees payable during any service outage. Other than the foregoing payment and to the extent permitted by applicable law, Virgin Mobile is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages. This limitation of liability does not apply to damages resulting from physical injuries, death or damage to your Service Address or other property wholly caused by Virgin Mobile's gross negligence.
44. Are there any circumstances when Virgin Mobile has no liability at all? In addition to the circumstances described elsewhere in this Contract including Section 43, Virgin Mobile is not responsible for any claims if an installation appointment for any Internet Services is missed, or for any claims related to distribution of content by you or third parties. More generally, Virgin Mobile will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including work stoppage, labour disputes and strikes, pandemics, war, terrorism, civil insurrection, government decree, failure of the public power grid, unlawful acts, or the act or omission of a telecommunications carrier whose network is used in establishing connection to a point which Virgin Mobile doesn't directly serve, acts of nature and all force majeure events.
CANCELLING AND SUSPENDING INTERNET SERVICES
45. Can I cancel my Internet Services at any time? Yes. We'll be sorry to see you go, but if you need to, you may contact Virgin Mobile to cancel your Internet Services with the date you want cancellation to be effective on. Virgin Mobile's contact information is provided at the end of this Contract. For balances in respect of your Internet Services equal to or above $10 and under $500 on your final bill, Virgin Mobile will mail a cheque to your preferred mailing address within 90 days of the date of that bill. For balances not refunded in this manner, you must contact Virgin Mobile to request that we mail a cheque to your preferred mailing address.
46. What charges am I responsible for when my Internet Services end? If you cancel your Internet Service that is subject to a Fixed Term prior to its expiry, or if Virgin Mobile cancels for cause your Internet Service that is subject to a Fixed Term, then you must pay Virgin Mobile the applicable cancellation charge set out in Schedule A ("Cancellation Charge"), plus applicable taxes. The Cancellation Charge is not a penalty; it is an estimate of damages suffered by Virgin Mobile as a result of your early cancellation of Internet Services.
47. What happens if I cancel my Internet Services prior to activation? If you cancel your order prior to activation of your Internet Service, you may be charged a cancellation fee to the extent permitted by applicable law, plus applicable taxes, representing an estimate of damages suffered by Virgin Mobile as a result of your failure to activate the Internet Service.
48. Can Virgin Mobile suspend, cancel, or refuse to provide Internet Services to me? Yes, Virgin Mobile can, without notice for cause, suspend, cancel or refuse to provide Internet Services to you in whole or in part (including disconnecting your access to Programming), or disable Virgin Mobile Equipment. Cause includes the situations listed below:
- a) Virgin Mobile would have to incur unanticipated, unaccounted for, unusual or unreasonable expenses (such as securing rights of way or special construction) to provide Internet Service;
- b) you breach or fail to comply with any part of the Contract, including if: (i) you fail to pay Virgin Mobile in accordance with this Contract, you are late paying any deferred amounts under any payment arrangements with Virgin Mobile, or you have previous past due amounts owing to Virgin Mobile or a Related Company; or (ii) you fail to comply with the rules related to Responsible Use of Internet Services set out in Section 23; or
- c) your use of Internet Services is not consistent with your ordinary usage patterns.
49. Can Virgin Mobile cancel my Contract? Yes. Virgin Mobile can cancel the Internet Services or this Contract for any reason upon a minimum of 30 days' prior written notice to you, including where Virgin Mobile ceases to offer Internet Services to which you subscribe.
50. Do I still have to pay Virgin Mobile if my Internet Services are suspended? Yes. You are responsible to pay for Internet Services (including Virgin Mobile Equipment) even while they are suspended. If the reason for suspension has not been resolved within 14 days from the suspension date, Virgin Mobile may cancel your Internet Service and recover any Virgin Mobile Equipment. If you wish to resume your subscription to Internet Services, you shall pay the applicable installation and/or (re)activation fee set out in Schedule A, plus applicable taxes. Virgin Mobile is not responsible for notifying any third-party providers of services, merchandise or information of the cancellation of the Internet Services or this Contract.
51. Does any part of this Contract continue after cancellation of Internet Services? Yes. The following sections will continue to survive: Sections 10-13 (Your Information), Sections 15-22 (Fees), Sections 35, 40 (Virgin Mobile Equipment), Sections 41-44 (Virgin Mobile's Liability) and this Section 51 will remain in effect even after the Internet Services or Contract has been cancelled.
We're here to help. If you have any questions about your Internet Services or your Contract, we'd be happy to help. Contact us anytime online at virginmobile.ca/contactus, or call the Virgin Mobile Care department at 1-888-999-2321 between Monday to Saturday from 9 a.m. to 9 p.m. in your province/territory of residence and Sunday from 10 a.m. to 7 p.m. Our mailing address is: 720 King Street West, Suite 905, Toronto, ON M5V 2T3.
SCHEDULE A: FEES
In addition to the Fees set out in your service details or on virginmobile.ca/onetimefees, you may be subject to some of the following account or service Fees or charges. All Fees and charges are subject to change and applicable taxes, and are per occurrence unless otherwise specified by Virgin Mobile. Additional Fees not set out below may apply depending on the Internet Service ordered and your Service Address. You will be notified of any such additional Fees prior to being charged. Fees may be lower in certain cases or where required by law.
|Late Payment Charge||3%/mo. or 42.585%/year|
|Reactivation Fee (account suspended for non-payment)||$35.00|
|NSF / Returned Payment / Pre-Authorized Payment Denial||$12.85|
|Move Administration Fee||$30.00/move|
|Equipment Relocation Fee||$75.00|
|Wiring Repair Fee||$75.00|
|Virgin Mobile Internet|
|Modem Non-Return Charge||$75.00|