Mobile Defender User Guide
Page 14
that have been damaged or altered in any way, including by affixing adhesive or other items to the Device. For all returns, including returns within the Trial Return Period,
you will be responsible for the shipping costs to our designated facility. Refunds will not be issued for activation fees, monthly service fee paid at the time of purchase,
original shipping fees, or any other fees or costs whatsoever.
Term and Termination
Subject to any Materials received at the time of purchase, your Agreement begins when the Device is activated, and continues month-to-month or for a set period of time
(ex. 6 months, 12 months), (the “
Term
”). At the end of the Term, this agreement will automatically renew on a month-to-month basis until terminated by you or Evolution
Wireless. In the event of termination, you will be billed until the end of the month in which you terminate your Agreement.
Early Termination
If you terminate your Agreement before the end of the Term, your Services will end immediately upon termination and you will be charged an early termination fee
(the
“Early Termination Fee”)
in the amount of the full Service subscribed to the end of the Term and all applicable taxes and governmental fees and surcharges, as well as all
other charges and fees imposed by Evolution Wireless that are incurred and owed pursuant to your Agreement with Evolution Wireless.
Evolution Wireless may terminate this Agreement at any time without advance notice if Evolution Wireless ceases to provide Services in your area or if there are
technical/network/service issues inhibiting the performance of the Products in your area for whatever reason. In such an event, you will not be responsible for making
further payments.
Termination for Cause
We may suspend or terminate your Agreement without advance notice and charge you the
Early Termination Fee
:
for any conduct that Evolution Wireless reasonably believes violates this Agreement;
if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
if Evolution Wireless discover that you are underage or have misrepresented yourself in any way;
if you fail to make all required payments when due;
if Evolution Wireless has reasonable cause to believe that your Device is being used for an unlawful purpose; in addition, we reserve the right to contact law
enforcement or, in our sole discretion and without advance notice, to immediately disable the Services;
if your use of the Device or the Services: (i) is harmful to, interferes with, or may adversely affect our Services or the network of any other provider, (ii)
interferes with the use or enjoyment of Services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or
offensive material, or (v) constitutes spam or other abusive messaging or calling, a security risk, or a violation of privacy;
if Evolution Wireless discovers your credit card or other pre-authorized payment method or any payment method is no longer valid and you can no longer be
reached to provide updated payment information; and
any other reason Evolution Wireless reasonably deems justifiable to warrant suspension or termination.
It is your responsibility to maintain the account in good standing and to otherwise notify the Device User(s) when the account status is or may be in jeopardy
and/or the Services may be terminated or interrupted.
Evolution Wireless’ Right to Change the Agreement and your Associated Rights
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of
material changes either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your
Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have
identified to us at the time of purchase, as amended by you from time to time, or otherwise).
In response to our changes to the Agreement as described above, you may terminate this Agreement as it applies to a Service without paying an Early Termination Fee only
if you: (a) call us within 14 days after the date you are notified of the change; and (b) specifically advise us that you wish to cancel a Service because of a material change
to the Agreement. If you do not cancel Service within the 14-day period, an Early Termination Fee will apply if you later terminate such Service before the end of any
applicable Term commitment.
Charges and Billing:
You are responsible for paying all charges for, or resulting from, the Services provided under this Agreement, including any upfront or activation fees that may apply. You
will receive monthly bills that are due in full.
Charges may include, without limitation, monthly service charges; overage, long distance, roaming charges associated with wireless service; activation, equipment, and
late payment charges; surcharges; optional feature charges; reconnection and reactivation charges; applicable federal, provincial, and municipal taxes (however
designated), permitting and regulatory fees, and any other fees and or surcharges or assessments of any municipal, local, provincial, and federal government.
If you have selected a plan with an allotted number of voice calling minutes of usage per month, you are subject to additional charges for minutes used above the allotment
of minutes. You will be charged $0.40/minute (rounded up to minute) for outbound and inbound calls within Canada. Charges will be applied to your bill and will appear
in the billing cycle up to 3 months from usage.
We will use your billing address to determine which jurisdiction’s taxes and assessments to collect. Prices may vary by market. You will be responsible for paying any
government imposed fees and taxes that become due retroactively.
Persons completing inbound calls to the Device’s number are subject to charges from their service provider and long distance charges may apply based on area code
boundaries. Evolution Wireless is not responsible for these charges.
Pre-authorized Payment
Evolution Wireless is hereby authorized to automatically charge the credit card account provided by you each month for all charges herein outlined. You agree to notify
Evolution Wireless of any change in credit card information and/or expiry date.
