Mobile Defender User Guide
Page 15
Return of device upon termination (rental)
You must call Customer Service to obtain an authorization number and the
return must be post-marked (or otherwise delivered to the relevant carrier or
received by us) by the 15th day after the date of your notice to terminate. The
Device must be in good condition. Devices that have been damaged or altered
in any way, including by affixing adhesive or other items to the Device are
subject to a replacement cost of $130 CAD. You will be responsible for the
shipping costs to our designated facility. Devices not received by us are subject
to a replacement cost of $130 CAD.
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.
Where applicable, 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.
Your Monthly or Annual Bill
We will provide you with a monthly or annual bill via email, which will provide
you notice of any usage and transaction specific charges. This bill may also
include other important notices such as changes to this Agreement, to your
Service, legal notices, etc.. You are responsible for providing a valid email
address for communication. You agree to assume all responsibility for payment
and accept the monthly bill as a method for notifying you of important notices.
Upon your request, we will send a paper bill to the billing address that you have
provided to Evolution Wireless
Payment; Late Payment Fee
You agree that for if you do not remit payment on time or if you pay less than
the full amount due, Evolution Wireless reserves the right to charge a late fee of
$5.00 for each month that payment is not received or interest on the unpaid
amount of 2 % per month. Evolution Wireless also reserve the right to refer
your account(s) to another party for collection, and to impose the maximum