SOLO MOBILE TERMS OF SERVICE
The agreement between you (“Customer” or “you”) and Bell Mobility Inc., doing business as Solo Mobile (“Solo”, “Solo Mobile”or “we”) includes the following documents, as they may apply to you:
- a summary setting out critical information about what you are signing up for (“Critical Information Summary”);
- an agreement page confirming your acceptance of your agreement with us (“Our Agreement Page”); and
- the actual terms of service spelling out your, and our, obligations (including the schedules attached) (“Terms of Service” and “Schedules”)
(together, the “Agreement”).
You should review the entire Agreement. All of the parts are important and together create a legal contract that applies to you once you have accepted it. Solo relies upon your promise that you have reached the legal age of majority in your province or territory of residence and are authorized to enter into this Agreement. To help you to understand your rights and obligations under this Agreement, these Terms of Service are written in a question and answer format. At the end of these Terms of Service you’ll find Solo’s contact information.
1. What is covered by this Agreement? This Agreement is for “Solo Services” or “Services” (as they will be called in this Agreement), whether prepaid (“Prepaid”) or postpaid (“Postpaid”), which include any wireless telecommunications services provided by or through Solo Mobile, including voice (exclusively for the purpose of making and receiving person-to-person voice calls and/ or accessing voicemail), text, data (including data transmissions relating to the Internet of things) or other services, and account administration (for example, account changes and customer support). This Agreement also applies to any wireless device (“Device”) to be used with the Services. Only Solo issued subscriber identity module cards (“SIM Cards”), which are required to connect your Device to our networks (the “Networks” and each, a “Network”), can be activated for use with the Services.
2. How do I accept this Agreement? You (a) sign the Our Agreement Page; (b) click “I Agree” or perform any other form of electronic acceptance; (c) verbally agree to enter into this Agreement; or (d) activate or use any of the Solo Services.
Your Information and Communication Preferences
3. How does Solo protect my personal information? Solo is a brand operated by Bell Mobility Inc. (“Bell Mobility”) and it shares Bell Mobility’s commitment to privacy protection which is found at the end of these Terms of Service. Solo protects your personal information in a manner consistent with Bell’s Privacy Policies available at bell.ca/privacy and applicable laws. By entering into this Agreement, you agree that Solo may share your information with other Bell companies and brands as they exist over time (together with Solo, “Our Companies”).
4. Does Solo collect, use or disclose my credit information? If you are a Postpaid Customer, then by accepting this Agreement you consent to our conducting credit checks on you, and our use and collection of your credit and payment history from other Bell companies, credit reporting agencies or other credit grantors to assess your creditworthiness, update your information, activate your ordered services, or assist in collection efforts, all from time to time. You also consent to our disclosure of your credit and payment history with other Bell companies, to credit reporting agencies and credit grantors to assist with assessing your creditworthiness, and to collection agencies to assist with the collection of monies owed, all from time to time. Prepaid Services are available without a credit check.
5. How can I be sure that Solo has accurate contact information for my account? You are responsible for keeping the contact and payment information you provide to Solo for yourself and any subscribers on your account (including name, mailing address, email address, telephone number, credit card or bank account information) up to date. Visit solomobile.ca or call us to confirm that the information we have on file is correct. If you do not provide an accurate forwarding address, you may forfeit any outstanding credits or deposits on your account.
6. How does Bell recommend and market its own products and services to me? At Solo, we use a number of ways to keep our customers informed about the products and services Our Companies provide. We recommend products and services to you based on your account information, eligibility and your needs and preferences as determined by your purchase and use of our products and Services. We may also reach out to inform you of ways to save, new product and Service releases and other useful information using a variety of means, including by sending you commercial electronic messages or calling you. You can unsubscribe or manage your communication preferences for commercial electronic messages by visiting solomobile.ca/marketingpreferences, and you can opt-out from Solo’s telemarketing messages by calling 1 877 999-7656. You will continue to receive service-related messages even if you choose not to receive marketing communications.
Availability of Your Service and 9-1-1 Limitations
7. Where are the Services available? Solo and our roaming partners provide Service coverage for almost all of the populated areas in Canada and access to extensive international roaming coverage. Visit solomobile.ca/coverage for our latest service coverage areas and maps. Solo and our roaming partners may, from time to time and without notice, change the Networks or geographical coverage areas (both in and out of Canada).
8. What speed can I expect from the Services? As fast as our technology, and your Device and selected Services, allow. Solo doesn't guarantee the Services will achieve peak speeds (even if you pay extra to get higher peak speeds). When delivering your Services, Solo may employ its different Networks (including mobile networks and Wi-Fi networks) and manage network resources using methods which include (i) Internet traffic management practices; and (ii) prioritization or deprioritization of network access, all in a manner consistent with applicable law. Solo is a brand operated by Bell Mobility and as such, Solo complies with Bell Mobility's Responsible Use of Bell Services policy ("Responsible Use Policy") in Schedule B. If you violate the Responsible Use Policy, then Solo may, among other things, reduce your speed for Network management purposes or terminate your Services. Please review the Responsible Use Policy for greater detail. For a description of our Internet traffic management practices, please visit solomobile.ca/ITMP.
9. Is 9-1-1 always available? No. Solo provides 9-1-1 emergency call routing Service (“9-1-1 Service”), which may not always work for a variety of reasons. Also, 9-1-1 Service does not work with all Devices or Rate Plans (as defined in Section 14): certain Devices like tablets, modems and turbo sticks/hubs or Devices equipped with data-only Rate Plans may not support, or be intended for, voice services and either cannot be used to call or access 9-1-1 or if 9-1-1 access is available, it may include important limitations, for example, the 9-1-1 operator’s inability to call you back in the event your call is disconnected. Section 10 sets out additional reasons that 9-1-1 Service may not work on all Devices. While Solo provides emergency call routing when the 9-1-1 Service is available and the Device is capable, it is the local government that provides the 9-1-1 emergency response services. If you are calling from an area where 9-1-1 emergency response services are not available, then your call may not be routed to a live operator. Contact your local government for additional information. For an explanation about 9-1-1 Service and information about where 9-1-1 Service may be available, please visit solomobile.ca/911. To the extent permitted by applicable law, Solo is not responsible for any inability to access 9-1-1 Service.
10. Will all Solo Services work with all Devices? No. Solo does not guarantee the Services, including 9-1-1 Service, will work on all Devices, especially if the Device was not purchased directly from Solo or if it was modified in a way which Solo has not authorized (including, but not limited to, via manufacturer or third-party software updates or downloads, third-party unlocking services or Device tampering). Your Solo SIM Card may not be compatible with all Devices. It is your responsibility to ensure that your chosen Device is able to fulfill your requirements, including that it is compatible with connecting technologies if you need handsfree or similar capabilities.
11. What happens if my Device becomes outdated? Solo may change the minimum technology requirements for the Solo Services in which case you may need to replace your Device. If you fail to do so, your Device might not be adequate to access the Services and your only remedy will be to cancel the affected Solo Services.
12. Does Solo issue credits for Service outages? Any credit or refund for Service unavailability is entirely at Solo’s discretion.
Managing Your Account
13. What is the term of my Agreement? Your Agreement with Solo has no set term, unless you enter into an Agreement with a set term (“Commitment Period”). At the end of your Commitment Period, it automatically extends for no set term at your current rates, unless you cancel your Agreement, as provided in Section 58, the Rate Plan you subscribe to is no longer available or you select a new Rate Plan. If you agree to a Commitment Period of 12 months or longer, Solo will notify you 90 calendar days prior to the expiry of your Commitment Period. Cancelling your Agreement may result in a Cancellation Fee (as defined and set out in Section 59).
14. What is the difference between a Rate Plan, an Add-on and Pay-Per-Use Services? Solo provides you with a variety of subscription options when ordering Solo Services. You can subscribe to pre-defined Services (your “Rate Plan”), add features (not within the Rate Plan) that interest you (an “Add-on”), and have the additional option of using and paying for certain Services as-needed (“Pay-Per-Use”). The amount you must pay for any use of the Services (your “Charges”) will vary depending on the combination of Services you select. Any usage over and above that which is included in your Rate Plan or Add-on is additional usage (“Additional Usage”) and will be charged in accordance with Section 15. Remember that you are responsible for choosing the combination of Services that is most appropriate to your needs.
15. What happens if I exceed the usage limits of my Rate Plan or Add-on? You will pay extra for that. Additional Usage will be charged to you at the Pay-Per-Use rate (visit solomobile.ca/payperuse), unless your Rate Plan or selected Add-ons specify a different rate, which may change over time in accordance with Section 55.
16. Will I have to pay anything in addition to the Charges described above? There may indeed be cases where additional fees ("Fees") apply, for example, if a customer service representative completes a transaction on your behalf. You will be notified of and must agree to a Fee before it is charged. Visit solomobile.ca/onetimefees for additional information, including detail on the connection service fee applied to your first bill to activate your Device on the Networks. Fees are usually charged separately from your Rate Plan and may change from time to time in accordance with Section 55. Certain third party app providers may charge you a fee for subscribing to their app and you are responsible for these fees.
17. How do I manage my account and Charges? You can review your account and your voice, text and data usage online through Self serve at solomobile.ca. You can update account information, add Add-ons to your account, view and change your Rate Plan details, manage which subscriber(s) on your account is authorized to unblock data and accept additional data charges for your account (each such subscriber, an “authorized user”), edit your notification preferences for data blocks, and monitor and manage your monthly activity to ensure your usage remains within your Rate Plan or Add-on limits through your Self serve profile.
18. How does Solo calculate my usage Charges? It depends on the Service being used.
(a) Voice: Both local and long distance calls are rounded up to the nearest minute, unless otherwise stated. Time begins when you initiate a call (for example, by pressing “Send”) or, for calls you receive, from the moment the call request connects to the Network (which may be before the Device rings) until the time the activity is disconnected (for example, by pressing “End”). If you call a phone number outside of your local coverage area or if you receive a phone call when outside your local coverage area you will be charged for long distance Services. Airtime and long distance Charges also apply to call forwarding. For an explanation of local and long distance coverage areas, visit solomobile.ca/coverage. Calls to special numbers (excluding those operated by and on behalf of Solo), including those beginning with a “#” or a “*” or short codes (billed per call) are not included within your Rate Plan or Add-ons and may result in additional charges.
(b) Text: Solo counts your incoming and outgoing text messages. Long text messages may be broken up into smaller segments, in which case you will be charged per segment. There may be circumstances where your Device is inactive and incoming text messages are received by the Networks but cannot be delivered to your Device. Applicable text Charges continue to apply even if you do not immediately receive them. Interactive text messages (also known as premium short code messages) are counted outside of normal text message Charges and additional Fees apply. Premium short code messages can be stopped by replying to a message with the word STOP. Texts to special numbers (excluding those operated by and on behalf of Solo), including those beginning with a “#” or a “*” or short codes (billed per text) and texts to landlines are not included within your Rate Plan or Add-ons and may result in additional charges.
(c) Data: Data usage is rounded up to the nearest kilobyte, unless otherwise stated. Applicable data Charges apply from the moment a data transmission starts and are measured by the data sent and received by the Networks in connection with such transmission, whether or not the data request is successfully completed. This means that any of your account usage details may be greater than the data actually received by your Device in connection with the Services. Note as well that certain third party apps may generate data usage even when you are not actively engaged in using them – it is your responsibility to understand how much data is used by your selected app(s). Certain Rate Plans or Add-ons that include data may apply to on-Device transmissions only – so if you use your Device as a modem or tether, then you may be charged Pay-Per-Use Charges for data Services. Solo will temporarily block data usage on your account once it reaches $50 in Additional Usage Charges for domestic data per billing cycle. At such time, all subscribers on your account who have reached 100% of their data feature will be blocked. If you or any authorized user(s) on your account wish to unblock data on your account, then you (or they) may expressly consent to continued Additional Usage Charges. If you (or they) do not consent, then data Services will be blocked on the account until the start of the next billing cycle. You will also receive notice if your access to data Services is restricted or suspended due to a credit limit or past due amounts as set out in Section 61.
(d) Roaming: You’re “roaming” whenever your Device has to use another wireless service provider’s network to send or receive voice, text or data transmissions. Roaming can occur in Canada or internationally. Depending on your Rate Plan, international roaming rates may be significantly higher. Your Device may not be able to roam internationally unless you ask Solo to enable this function and Solo agrees to do so. Certain Rate Plans do not include international roaming and some Devices are unable to roam internationally. If you enable this function and enter an international roaming area, you will be advised that you are roaming internationally and be provided with details on your roaming rate Charges. Solo will temporarily block data roaming usage on your account once it reaches $100 in Additional Usage Charges for international data roaming per billing cycle. If you or any authorized user(s) on your account wish to continue using data roaming, then you (and they) will be given the opportunity to purchase a travel pass. If you (or they) do not purchase a travel pass, then data roaming Services will be blocked on the account until the start of the next billing cycle. You will also receive notice if your access to data roaming Services is restricted or suspended due to a credit limit or past due amounts as set out in Section 61.
Rounding practices for U.S. and international voice and data roaming may vary depending on how the wireless service provider permitting you to access their network calculates usage.
19. Can I change my Rate Plan after I agree to a Commitment Period? Yes, however Solo may restrict Rate Plan changes, or require that you pay a Cancellation Fee (as described in Section 59).
20. What if I move during my Commitment Period? Certain Rate Plans are only available in certain locations. If you move to a different location than the one indicated on your account and wish to continue your Solo Services, you may need to change your Rate Plan (see Section 19) and/or your mobile number. Additional Fees may also apply.
21. Can I share my Rate Plan? Yes, but only certain Rate Plans can be shared with other subscribers on your account (check the Rate Plan details). There are some things you should consider. If you share a Rate Plan with others (“Share Plan”), your Services are pooled and made available on a first-come, first-served basis each monthly billing cycle among the subscribers on the account. In other words, you might not receive the full allowance of Services in your Rate Plan in any monthly billing cycle if the included allowance is used up by other subscribers first. Some Services in a Share Plan cannot be shared, and some Services cannot be blocked from other subscribers. A Share Plan requires at least two Devices on two separate plans designated as sharable.
22. Does my Rate Plan include a system access fee and/or $0.759-1-1 Service Fee? System access fees (“SAF”) and 9-1-1 Service Fees apply only to certain Rate Plans and are charged as part of the consideration for Solo providing Services to you. Unlike the Government 9-1-1 Fees described in Section 48, they are not required by nor collected for any government. If you wish (and subject to Section 19), you may select one of Solo’s current Rate Plans that do not charge SAF or 9-1-1 Service Fees.
23. Do I own the mobile number that Solo assigns me? No. You do not own or acquire any right in any assigned mobile number or identifier for Solo Services (e.g. IP address, email address, web space URL, host name, Internet fax). Solo may change, withdraw or re-assign any number or identifier assigned to you. Your mobile number may be automatically transmitted to the person you call, other carriers or to us. You can block this display either permanently or on a per-call basis at any time in accordance with the instructions posted from time to time on solomobile.ca/portability.
24. Can I keep my number? If you or your new service provider asks us to, and your assigned account and mobile number are active, Solo will process a “transfer-out” or “port-out” request for your mobile number to your new service provider. You are responsible for all Charges, Fees and taxes associated with the transfer from Solo, including any applicable Cancellation Fee and unpaid account balances. Prepaid funds are non-refundable. Please refer to Section 58 to understand how to end your Agreement. Solo is not responsible for any interruption, disruption or disconnection of any services associated with the number which is the subject of a transfer request. A “transfer” of a number does not include the transfer of any associated services (including voicemails), devices or apps.
25. Who is responsible for protecting my account and Device? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Solo Services and your Device by yourself and any other users (including subscribers on your account whether or not they are “authorized users” (as defined in Section 17)). You must also protect your Device from theft, unauthorized use and software corruption. You are responsible to back up and safeguard your data, including your pictures, and text, email and voicemail messages. Solo may also require that you take proactive measures to protect your Device (for example, updating software). Solo may delete your data and reset your Device to factory settings in certain circumstances. If you have concerns about unauthorized persons ordering Solo Services without your permission, you should investigate the appropriate use of parental controls, passwords and personal identification numbers for your account. You are responsible for payment of all Charges on your account which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.
26. How do I use my Solo Services responsibly? You are responsible for using the Solo Services in a legal and sensible manner. Solo monitors usage on our Networks to maintain the continuous, efficient operation of the Solo Services and, where necessary, enforces the rules contained in the Responsible Use Policy. You must comply with the Responsible Use Policy and all applicable laws when using the Solo Services, including your safe use of Devices and Solo reminds you that it is illegal and unsafe to drive while using your Device unless you are using handsfree capabilities. We also recommend using the handsfree mode in any situation where you may be distracted (such as biking or walking with your Device). Solo may, but is not required to, monitor (electronically or otherwise) or investigate your use of Solo Services and Networks, including Device location, Network consumption (and how it affects operation and efficiency of the Network and Solo Services), use of Solo Content (as defined in Section 29) or your content. Solo 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 Solo Services and to protect itself or others and ensure Services are not being used contrary to the Responsible Use Policy.
Content
27. Am I responsible for content that I create or engage with when using the Solo Services? Yes. It is your responsibility to ensure that you have the rights to any content you post, upload, store, transmit or communicate to others using the Solo Services, including data, documents, videos, music, photos, etc. Solo is not responsible for the unauthorized use or distribution of this content (including third-party content).
28. How does Solo manage my content? Only as required to provide the Solo Services. Solo may use, copy, adapt, transmit, display, publish, perform and distribute your content. You acknowledge that Solo may store your content so you can access it, but that if you fail to access such content within a certain period of time (as determined by Solo), or if the applicable Service is modified or terminated, Solo may delete it without notice to you.
29. Does Solo provide its own content? Solo may provide its own content as part of certain Solo Services, including programming packages and subscriptions, pay-per-view, on-demand and interactive services, applications, a la carte programming and any other related Services that Solo provides to you (“Solo Content”).
30. Is the Solo Content I subscribe to always available? No. All Solo Content is provided on a “subject to availability” basis, may change in our discretion and may only be used by you in accordance with our Responsible Use Policy. Solo will not refund Charges or credit you for any interruptions (including blackout periods) in your enjoyment of Solo Content or any other content.
31. Can I redistribute the Solo Content I subscribe to? No. Solo Content 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 Solo Content provided by or through Solo.
Your Device
32. What happens if I want to upgrade my Device? Solo is currently restricting Device upgrades to certain situations. Contact Solo for additional information. Special upgrade offers are made available in Solo’s sole discretion, and may be withdrawn at any time.
33. What happens to my content if I upgrade, trade in or replace my Device? If you plan to stop using your Device, it is your responsibility to delete any personal information and content it contains. To do so, you must reset the Device to factory settings. Visit solomobile.ca/support to find out how. If you upgrade or replace your Device, your content may not be transferable. If your content is important to you, then ask whether the content can be transferred. You may be charged a fee for Solo performing the transfer of content.
34. Does Solo install, modify or remove software on my Device? When you accept this Agreement, you agree to Solo installing, modifying or removing Solo software or other software on your Device (which may include applications, features and settings on your Device and/ or SIM Card) wirelessly or otherwise without additional notice. These updates may be required in order to continue receiving the Services.
35. What is Solo’s return policy? It depends on whether we are providing you with Postpaid or Prepaid Services:
(a) Postpaid: If you purchase a Device from Solo which does not meet your needs, you may return your Device (up to 2 Devices per subscriber on your account) if the Device is: (a) returned within 15 calendar days of the start date; (b) in “like new” condition with the original packaging, manuals and accessories; and (c) returned with original receipt to the store of purchase or to the address specified for returns if you purchased online or by phone. You are responsible for all Charges incurred prior to your return of the Device. Solo will not accept Devices with excessive usage in violation of our Responsible Use Policy. SIM Cards are not returnable once the packaging has been opened or the SIM Card is activated. If you are a person with a disability, the same conditions apply, however, you may return your Device within 30 calendar days of the start date.
(b) Prepaid: If you purchase a Device from Solo which does not meet your needs, you may return your Device (up to 2 Devices per subscriber on your account) if the Device: (a) is returned within 15 calendar days of the start date; (b) is in “like new” condition with the original packaging, manuals and accessories; (c) returned with original receipt to the store of purchase or to the address specified for returns if you purchased online or by phone; and (d) has not exceeded 30 minutes of voice usage or 50 MB of data usage. SIM Cards are not returnable once the packaging has been opened or the SIM Card is activated. If you are a person with a disability, the same conditions apply, however, you may return your Device within 30 calendar days of the start date and double the corresponding permitted usage set out above. Funds added to your account are non-refundable.
36. What happens if my Device is lost or stolen? As soon as you let us know that your Device has been lost or stolen, we can suspend your Service. If you report your Device as lost or stolen, and Solo has not been notified of its return within a specified time period, then the Device may be permanently disabled. Remember that this Agreement continues to apply even after you have reported your Device lost or stolen. What happens with your Charges or account balance depends on whether we are providing you with Postpaid or Prepaid Services:
(a) Postpaid: You must pay (i) all Charges and Fees, plus applicable taxes, incurred up until such time as we receive your notice that the Device was lost or stolen; and (ii) either the minimum monthly Charge set out in your Critical Information Summary (if you continue this Agreement) or the applicable Cancellation Fee (if you cancel this Agreement).
(b) Prepaid: In order to ensure that your future Prepaid funds are not compromised, we will suspend your recurring Charges and any automatic Top Up program that you participate in (as described in Section 41) once you notify us that your Device was lost or stolen. However, the Active Period (as defined in Section 41) applicable to your existing Prepaid funds continues to run when the Device is lost or stolen. Accordingly, you must continue to manually Top Up your Prepaid account within 7 calendar days of the end of the Active Period applicable to the Prepaid funds in your account to maintain your existing Prepaid account balance. Funds added to your account are non-refundable (including for suspended or deactivated accounts).
37. What happens if my Device doesn’t work? Check your Device manual for troubleshooting tips that might help you solve the problem and contact the Device manufacturer for assistance. You will also find troubleshooting information on our website at solomobile.ca/support. See Section 52 (Section 67 for Quebec Customers) if your Device is covered by a manufacturer’s warranty and needs to be repaired. If you give your Device to Solo for repair, you are responsible for backing up any personal information and content contained on the Device which you want to preserve and then deleting it (by resetting your Device to factory settings) prior to giving your Device to Solo. Visit solomobile.ca/support to find out how.
38. Will I receive a loaner Device while my Device is being repaired? If the Device was purchased as part of this Agreement and either the Device is within the manufacturer’s warranty period or you subscribe to Solo’s Smart/Phone Care Plan, you will be provided with a loaner device (along with related accessories) (“Loaner Device”) for free, if we have one available. If Solo is unable to provide you with a Loaner Device and you would otherwise have to pay a Cancellation Fee to avoid paying for Services during this time, then your Services will be suspended and you will not be charged for your Services while your Device is being repaired. If your Device is being repaired by Solo and it is not covered by the manufacturer’s warranty or Solo’s Smart/ Phone Care Plan, then you may be charged a Fee plus applicable taxes for the Loaner Device.
39. What do I do with my Loaner Device once my Device is repaired? Simply return it to the retail location specified by Solo before receiving your repaired Device, unless instructed otherwise by Solo. Please remember that you must delete any personal information and content the Loaner Device contains (by resetting it to factory settings) prior to returning it to Solo.
40. What if I lose, damage or fail to return the Loaner Device? You’re responsible for the Loaner Device. If you don’t return the Loaner Device in good working order and without visible defects or damage, then you may be charged a Fee to replace the Loaner Device, as set out at solomobile.ca/repairfees without further notice. This Fee may be paid either in-store or, in some circumstances, applied to your account.
Billing and Payment
41. How does Solo bill me? Your billing arrangement depends on whether we are providing you with Postpaid or Prepaid Services. You must pay all Charges, plus applicable Fees and taxes.
(a) Postpaid: If we are providing you with Postpaid Services, you will be billed monthly in advance for monthly recurring Charges and in arrears for monthly Additional Usage Charges. Your account will be assigned a bill date (“Bill Date”). On your first bill there will be Charges for any Services which were provided between your start date and Bill Date, so the total monthly Charges on your first bill may be different from the amount shown on your Critical Information Summary. Your bill will include Charges for your Rate Plan, your Add-ons, your Pay-Per-Use Services, Additional Usage Charges and any additional Fees, plus applicable taxes. Your bill is payable on receipt. Make sure you pay on time because all amounts owing which are not paid by you or received by Solo by your next Bill Date are overdue and you will be charged and must pay interest at the rate of 3% per month (42.586% per year) (“Late Payment Charges”) on all overdue amounts calculated and compounded monthly from the Bill Date.
(b) Prepaid: If we are providing you with Prepaid Services, you will not receive a monthly bill. You must maintain a positive balance of funds in your Prepaid account in order to use the Services. To add funds to your account, you must “Top Up”. Taxes are extra. Prepaid funds are valid for a specified number of days starting from the time on the day they are added to your account (“Active Period”). Unused funds will expire at the end of the Active Period. Expired Prepaid funds will be restored if you Top Up your account within 7 calendar days of their expiry. If you Top Up your account before your existing Prepaid funds expire (or are used up), then your Top Up will be added to your existing Prepaid funds and the Active Period for the Top Up will apply to the combined amount of Prepaid funds. Prepaid funds are non-refundable. Any Prepaid funds or Services which are added to your account on a promotional basis will have an Active Period of 30 calendar days from the date they are added to your account, unless otherwise indicated to you and are not restored or extended by Top Up. Any included but unused minutes, text messages or data in Prepaid Rate Plans or Add-ons will not carry over beyond the applicable Rate Plan or Add-on period. If you use an automatic Top Up program to add funds to your Prepaid account, there may be rare occasions where the activity is delayed by up to 48 hours depending on your bank or due to unforeseen circumstances. You cannot transfer any funds added into your Prepaid account to another account. Visit solomobile.ca/prepaid for additional information.
42. How can I pay Solo? It depends on whether we are providing you with Postpaid or Prepaid Services. Solo may also have specific payment method requirements.
(a) Postpaid: Payment can be made by pre-authorized payment from your bank account or select credit cards (which may be required to obtain certain Services). You can also make a one-time payment with select credit cards, by cheque (through the mail), through your bank either via their website or telephone banking, or in person at most financial institutions. If you provide a credit card or bank account (or other pre-authorized payment method) to Solo for your monthly payments, you authorize Solo to charge your credit card or debit/charge your account for all outstanding Charges, additional Fees, applicable taxes and account balances due under this Agreement, including any applicable Late Payment Charges and Cancellation Fee. 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 customer account profile at solomobile.ca, and your current authorized bank account information is on your Preauthorized Debit Authorization form. For Customers outside of Quebec, Solo may charge your account a Fee plus applicable taxes if your payment is refused by your financial institution for insufficient funds. This Fee is to offset costs incurred by Solo.
(b) Prepaid: You have a variety of options to Top Up your account balance. You can participate in an automatic Top Up program with a pre-authorized credit card or bank account, or do one-time Top Ups with your assigned personal identification number. You can also Top Up with your credit card or a prepaid card. Please visit solomobile.ca/topup for additional information.
43. Will Solo ever require an immediate interim payment? Yes. If we notice usage inconsistent with your normal usage pattern, for example, Solo may require you to pay certain amounts owing on an immediate interim basis, and in advance of your next Bill Date. If this happens, you must pay these amounts on or before the required payment date to avoid suspension or termination of your Solo Services as set out in Section 61. If your account is subject to a credit limit, you must ensure your usage Charges and Fees (both billed and unbilled) remain below your assigned credit limit to avoid suspension of your Services.
44. How do I correct a payment error? To correct any payment made by you, including through electronic means (such as Internet or telephone banking or ATM machine), you must ask your financial institution to correct the error.
45. Is a consolidated bill available if I subscribe to Solo Services and Home phone, Internet or TV services? By entering into this Agreement, you agree to receiving one bill for the Solo Services and the services of other Bell companies (known as “OneBill”) if and when such consolidated billing is available and if you meet eligibility requirements.
46. What if I have a concern about a Charge or Fee? You have to contact us within 90 days of either the Bill Date (for Postpaid Services) or the date the Charges and Fees were incurred (for Prepaid Services), otherwise we assume you accepted them. Any Charges or Fees you are questioning will not be considered past due unless Solo has conducted an investigation and concluded that the Charges or Fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment. All undisputed portions of the applicable Charges and Fees and applicable taxes must be paid by the required payment date. Any undisputed and unpaid amount will be considered past due and you will be charged, and must pay, the applicable Late Payment Charge. If you are entitled to a credit from Solo, you confirm that you have made no separate claim for a refund for the same amount from a financial institution. Solo will apply any credits due to you from Solo against future Charges and Fees payable.
47. How do discounts or promotions work? Solo will apply any discounts, incentives or promotions to your account while:
(a) Solo maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements (including, maintaining your Service without interruption). Solo may change any discounts, incentives or promotions and their eligibility requirements at any time. Discounts, incentives and promotions may take more than one billing cycle to be applied and appear on your bill and will not be applied retroactively. Before making changes to your Solo Services (including features or Solo Content (defined in Section 29)), please review applicable restrictions and/or eligibility requirements, as certain changes may result in loss of, or changes to, discounts or promotions. Please note, promotional pricing will not apply to partial billing periods (this means, for example, if a Solo Service is cancelled in the middle of a billing period, you will not receive promotional pricing for that partial billing period).
48. Why does Solo charge a government 9-1-1 Fee? Solo does not provide emergency services, but does provide a 9-1-1 Service to assist with emergency call routing (as described in Section 9). In addition to any 9-1-1 Service Fee Solo may charge you itself for providing emergency call routing, Solo is required to remit mandatory 9-1-1 Fees in accordance with applicable law to some provincial or territorial governments for their provision of emergency services (“Government 9-1-1 Fees”). You agree to pay any applicable mandatory Government 9-1-1 Fees. Visit solomobile.ca/911 for details. See Section 9 for limitations that apply to Solo’s emergency call routing 9-1-1 Service.
49. Does Solo require a security deposit? Solo may require a security deposit and will provide you with the reason for requiring a deposit. Deposits will earn simple interest based on a rate of 1% above the Bank of Canada’s Target for the Overnight Rate in effect, calculated monthly on the last day of your monthly billing cycle, prorated for any partial month Solo holds the security deposit. When the Solo Services are cancelled or the conditions justifying the security deposit no longer apply (typically when you make six (6) consecutive monthly bill payments in full and on time), Solo will apply the security deposit and any earned interest against any outstanding amount owing to Bell Mobility or any other Bell company referred to in Section 50 below, then refund you the balance of the deposit, if any, within 30 calendar days. Accounts with multiple subscribers will have the security deposit refunded on the earlier of when all subscribers on the account have cancelled Services or after six months from the last subscriber being added to the account and the account remaining in good standing. Accounts that have a security deposit requirement are not permitted to participate in Solo’s OneBill billing option (described in Section 45).
50. What if I have another account with Bell that is in arrears? If your account with Bell Canada (which includes Bell Aliant and BellMTS), Bell ExpressVu, or a different Bell Mobility brand is in arrears, Solo may invoice you for, collect or set off any amounts owed to these Bell companies. Solo may also refuse to provide you with any Solo Services if you do not pay any amounts owed to these companies.
Warranties and Limitation of Liability (Not Applicable to Customers in Quebec)
51. Are there any warranties on the Solo Services? To the extent permitted by applicable law, Solo 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 Solo Services and does not guarantee that communications are private or secure. Solo assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to
(i) the unavailability of any Solo Services (including any Service outage or disruption), even where such unavailability occurs after activation of the Solo Services; and (ii) any changes to the Networks or geographical coverage areas (both in and out of Canada).
52. Are there any warranties on Devices that I purchase from Solo? Solo is not the manufacturer of your Device. Any Device purchased from Solo is subject to the manufacturer’s warranty, which is valid typically for one year from the purchase date of your Device with your original receipt. Some Devices (including non-new Devices) may have a different warranty period. Please review the manufacturer’s warranty provided with your Device or through the manufacturer’s website to understand what protection it offers and the duration of the warranty. To the extent permitted by applicable law and unless otherwise expressly provided for by Solo in writing or as set out below, Solo 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 Devices that you purchase, or otherwise acquire title to and ownership of, from Solo. Implied warranties as to the quality or fitness for a particular purpose may cover your Device if you advised Solo of the particular purpose for which you will require the Device, if you were not able to inspect the Device for defects or if the warranty is an industry practice. For Devices covered by the manufacturer’s warranty, please visit the manufacturer’s website or bring your Device to a designated Bell store with an assistance centre (visit bell.ca/store_locator). Please visit solomobile.ca/warranty for additional information about warranties. If your Device is not covered by a manufacturer’s warranty or Solo’s Smart/Phone Care Plan, Solo may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged.
53. How does Solo limit its liability? To the extent permitted by applicable law, Solo’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 Charges for Services payable by you during any Service outage. Other than the above-mentioned payment and to the extent permitted by applicable law, Solo is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages.
54. Are there any circumstances when Solo has no liability at all? In addition to the circumstances described elsewhere in this Agreement where Solo has already stated it is not responsible for any claims, losses, damages or expenses, to the extent permitted by applicable law, Solo is not responsible for any claims, losses, damages or expenses relating to the distribution of content (including Solo Content) by you or third parties. More generally, to the extent permitted by applicable law, Solo is not responsible for failing to meet obligations due to causes beyond its reasonable control, including (a) work stoppage, labour disputes and strikes (including those involving us and Our Companies); (b) pandemics, war, terrorism, and civil insurrection; (c) any law, order, regulation or direction of any government; (d) failure of the public power grid; (e) unlawful acts; (f) your failure to act in accordance with this Agreement; (g) the act or omission of a telecommunications carrier whose network is used in establishing connection to a point which Solo doesn’t directly serve; or (h) acts of nature and all other force majeure events.
Changes to Your Agreement
55. Can Solo make changes to this Agreement? Yes. By giving you at least 30 (but no more than 90) calendar days’ prior notice to the date of the change, Solo may change: (a) your Prepaid Services and associated Charges; (b) Solo Services which are provided to you without a set term (including Add-ons and Pay-Per-Use Services) and associated Charges; and (c) Fees. Such changes may include the modification or termination of a Service. Solo may only change other Solo Services and their associated Charges in accordance with applicable law. Solo will give you notice in writing, using a reasonable method to bring it to your attention, such as on solomobile.ca or your bill, by email or by text message. This notice will clearly identify the change and provide the effective date. Also, as required by law, this notice will set out the new term, or amended term and the term as it read before. By taking no action, you accept the change.
56. What if I want to refuse a change to this Agreement? If you want to refuse the change, your remedy is to cancel the impacted Solo Service or the Agreement (see Section 58). For Customers in Quebec, and Newfoundland and Labrador, if the change increases your obligations or reduces ours, you may cancel without penalty by notifying Solo up to 30 days after the date of the change. Subject to Solo’s right to make these changes, no other statements (written or verbal) will change this Agreement.
57. Can I make changes to these Terms of Service? You may not make any changes to these Terms of Service. However, depending on the Solo Service you subscribe to and your Rate Plan details, you may be able to add or remove certain Services, subject to Section 19. You will need to check your Service details to see if additional Fees or Charges may apply.
Ending Your Agreement
58. How do I cancel my Services? We’ll be sorry to see you go, but if you need to, contact Solo to cancel some or all of your Solo Services. Cancellation is effective the date Solo receives your cancellation notice (or the date you request the cancellation to take effect) (“Cancellation Date”) and you will be charged and must pay the applicable Charges, Fees and taxes up until the Cancellation Date. SIM Cards will be deactivated and may not be reactivated. If you have a Prepaid account you can stop topping up and your account will be deactivated as described in Section 62 and if you are enrolled in an automatic Top Up program, please contact us to cancel the automatic Top Up.
59. Will I be charged a Cancellation Fee if I cancel my Services? That depends. If you cancel a Solo Service that is subject to a Commitment Period prior to the end date, you must pay Solo a Cancellation Fee. The Cancellation Fee will be your remaining Device balance at the time of cancellation, as determined in accordance with the “Early Cancellation Fee” section shown on your Critical Information Summary (“Cancellation Fee”), plus any applicable taxes. If you have no remaining Device balance outstanding and your Agreement has no set term (or you have a Prepaid account), you will not be charged a Cancellation Fee. The Cancellation Fee is not a penalty.
60. What if I have a credit balance on my final bill? For balances equal to or above $10 and under $500 on your final bill, Solo will mail a cheque to your preferred mailing address within 90 days of the date of that bill. For any other balance, you must contact Solo to request that we mail a cheque to your preferred mailing address.
61. Can Solo suspend or disconnect my Services for non-payment? Solo may suspend or disconnect any Solo Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $50 or has been past due for more than two months; (b) you fail to provide or maintain a reasonable security deposit or alternative as requested by Solo; or (c) you have previously agreed to a deferred payment plan with Solo and you fail to comply with its terms. If Solo is about to suspend/disconnect your Service, you will be provided with a minimum of 14 calendar days notice prior to suspension/disconnection, and that notice will let you know (i) the reason for the suspension/disconnection and amount owing; (ii) the scheduled suspension/disconnection date; (iii) information on the availability (or not) of deferred payment plans; (iv) the amount of the reconnection charge (if applicable); and (v) contact information for a Solo representative who can speak with you about the suspension/disconnection. Solo will attempt to notify you at least 24 hours in advance of your scheduled suspension/disconnection unless repeated attempts to contact you have failed. Suspension/Disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case suspension/disconnection may not occur after noon) in your province or territory of residence. See Section 46 if you dispute any Charges or Fees that are past due.
62. Are there other circumstances when Solo may suspend or disconnect my Services? Yes. To the extent permitted by applicable law, Solo can cancel any Service or this Agreement upon a minimum of 30 days (60 days’ in Quebec, and Newfoundland and Labrador), prior written notice to you, including where Solo ceases to offer a Service to which you subscribe. Additionally, Solo can without notice and for cause, suspend, cancel or refuse to provide Solo Services to you (including blocking numbers or area codes), or disable your Device. Cause includes: (a) Solo would have to incur unanticipated, unaccounted for, unusual or unreasonable expenses to provide any Solo Service or third party service (such as certain conference services or service to high-cost areas); (b) Solo has a reasonable suspicion that fraudulent or other illegal activity has occurred or is likely to occur; (c) if your Prepaid account remains at $0 for 120 calendar days (or other applicable period) (note: you will also lose your mobile number and other identifiers); (d) your failure to comply with any part of the Agreement, including the Responsible Use Policy; or (e) your use of Solo Services is not consistent with your ordinary usage patterns.
63. Will I be charged a Cancellation Fee if Solo disconnects my Services? If Solo cancels your Solo Services for cause, a Cancellation Fee will be charged to your account.
64. Do I still have to pay Solo if my Services are suspended? Unless you are told otherwise (for example, in circumstances set out in Section 38), you are responsible to pay for Charges even while your Solo Services are suspended. If your Solo Services are suspended and the reason for suspension has not been resolved within 14 calendar days from the suspension date, Solo may cancel your Solo Services. If you wish to resume your subscription to your Solo Service, you must pay the applicable (re) connection Fee as set by Solo, plus applicable taxes. You are responsible for notifying any third-party providers of services, merchandise or information of the termination of the Solo Services or this Agreement.
65. Does any part of this Agreement continue after termination of my Services? Yes. Rights and obligations which by their nature continue beyond termination will continue to survive and remain in effect after the applicable Solo Service or Agreement has been cancelled. This includes, but is not limited to, the following sections: Sections 3-6 (Your Information and Communication Preferences), Sections 41-50 (Billing and Payment), Sections 51-54 and 66-69 (Warranties and Limitation of Liability), this Section 65 and the Our Agreement Page.
WARRANTIES AND LIMITATION OF LIABILITY APPLICABLE TO CUSTOMERS IN QUEBEC
66. Are there any warranties on the Solo Services? To the extent permitted by applicable law, Solo 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 Solo Services and does not guarantee that communications are private or secure.
67. Are there any warranties on Devices that I purchase from Solo? Solo is not the manufacturer of your Device. Any Device purchased from Solo is subject to the manufacturer’s warranty, which is valid typically for one year from the purchase date of your Device with your original receipt. Some Devices (including non-new Devices) may have a different warranty period. Please review the manufacturer’s warranty provided with your Device or through the manufacturer’s website to understand what protection it offers and the duration of the warranty. To the extent permitted by applicable law and unless otherwise expressly provided for by Solo in writing, Solo 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 Devices that you purchase, or otherwise acquire title to and ownership of, from Solo. For Devices covered by the manufacturer’s warranty, please visit the manufacturer’s website or bring your Device to a designated Bell store with an assistance centre (visit bell.ca/store_locator). Please visit solomobile.ca/warranty for additional information about warranties. If your Device is not covered by a manufacturer’s warranty or Solo’s Smart/Phone Care Plan, Solo may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged.
68. How does Solo limit its liability? To the extent permitted by applicable law, Solo’s liability for damages is limited to payment, upon request, of a maximum amount of the greater of $20 or an amount equal to the Charges for Services payable by you during any Service outage.
69. Are there any circumstances when Solo has no liability at all? To the extent permitted by applicable law, Solo is not responsible for failing to meet obligations due to causes beyond its reasonable control, including (a) any law, order, regulation or direction of any government; (b) work stoppage, labour disputes and strikes (including those involving us and Our Companies); (c) failure of the public power grid; (d) unlawful acts; (e) your act or your failure to act in accordance with this Agreement; (f) the act or omission of a third party, including a telecommunications carrier whose network is used in establishing connection to a point which Solo doesn’t directly serve; or (g) acts of nature and all other force majeure events. In addition, Solo is not responsible for circumstances described elsewhere in this Agreement where Solo has already stated it is not responsible.
General
70. What if parts of this Agreement become unenforceable? If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining parts will continue to apply to you and Solo. Remember that even if Solo does not enforce any part of this Agreement for any period of time, that part still remains valid and Solo can enforce it in the future.
71. What laws apply to this Agreement? Because Bell Mobility (and its Solo brand) is federally regulated, this Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission’s Wireless Code of Conduct which sets out the basic rights of all wireless customers and can be found at crtc.gc.ca, and any provincial laws (or portions thereof) which may apply to Solo in the province in which your Service is provided.
72. What if I have a complaint that Solo hasn’t been able to resolve? If you have a complaint that Solo’s customer service department (contact information listed below) has been unable to resolve to your satisfaction, you can contact the Commissioner for Complaints for Telecom-Television Services (CCTS): P.O. Box 81088 Ottawa, Ontario, K1P 1B1. Toll-free: 1 888 221-1687. TTY: 1 877 782-2384. Fax: 1 877 782-2924. Email: response@ccts-cprst.ca. CCTS website information is at: ccts-cprst.ca.
73. Can this Agreement be transferred? Solo may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time. You may not transfer or assign this Agreement (including any unused feature allotments), your account or the Solo Services without Solo’s prior written consent.
74. Is this Agreement available in alternative formats? Yes. You can request alternative formats through Solo Mobile and Bell Mobility’s Accessibility Services Centre at bell.ca/accessibility, via email at accessible@bell.ca, or Monday to Friday in your province/ territory of residence between 8:30 a.m. and 5 p.m. at 310-BELL and ask for the Accessibility Services Centre. To contact the Accessibility Services Centre using a TTY in Ontario: 1 800 268-9242, or in Quebec: 1 800 361-6476.
75. What if I prefer this Agreement to be in French? You are receiving this Agreement 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.
Contact Information
We’re here to help. If you have any questions about your Solo Mobile Service or your Agreement, we’d be happy to help. Contact us anytime online at solomobile.ca/contactus, or call 1 877 999-SOLO Monday to Friday from 8 a.m. to 9 p.m. in your province/ territory of residence and weekends 9 a.m. to 6 p.m. Our mailing address is: 5099 Creekbank Rd., Mississauga, ON L4W 5N2.
SCHEDULE A: SMART/PHONE CARE
The following terms only apply to you if you have signed up for a Smart/Phone Care plan ("SPC" or "SPC Plan") and are an active Solo Customer at the time you file a service request. For more information on Solo's SPC Plan, visit solomobile.ca/smartphonecare. This Schedule does not apply to residents of Manitoba or Saskatchewan.
1. How do I subscribe to an SPC Plan? You can subscribe to an SPC Plan for protection of your eligible turbo stick, wireless phone, smartphone, premium smartphone, tablet or premium tablet (each a "Device" for the purposes of this Schedule A) at time of activation or upgrade, or you may sign up at a Solo store within 30 calendar days of your start date. A visual inspection of the Device is required because previously damaged Devices are not eligible for the SPC Plan. Once you have signed up, a phone call from or to the Device must be made (or for turbo sticks, tablets and premium tablets, a minimum of 1 kilobyte of data must be transmitted) for SPC coverage to begin ("Protected Device"). Note that SIM Cards do not form a part of the Protected Device and SPC coverage will not apply to a device in which a SIM Card is inserted even if that SIM Card was originally associated with a Protected Device.
2. How does SPC offer protection? If your Protected Device is lost, stolen or suffers an operational or structural failure due to defects in parts or workmanship which does not fall under one of the Device Coverage Hardware Exclusions set out in the Protection Details and Fees Table below after the first 12 months of the manufacturer's limited warranty ("Failure"), and/or is lost, stolen or is affected by one of the other events set out in the Device Hardware Coverage Inclusions described in the Smart/Phone Care Protection Details table below, then Solo will replace it with a Device of comparable kind and quality ("Replacement Device") so long as you: (a) have not yet exceeded the maximum number of replacements of your Protected Device(s) (as set out in the Smart/Phone Care Protection Details table below); (b) file a service request within 30 calendar days of the Failure; (c) provide proof of purchase of the Protected Device; (d) provide identification as requested; (e) provide an affidavit, as requested; and (f) pay the required applicable Fees as set out in the Protection Details and Fees Table below. Solo makes no promise, representation or warranty that any Replacement Device will be new, identical or offer the same functionalities as the Protected Device being replaced. However, if the Replacement Device you are given (which may be new or refurbished) is a different model than the Protected Device that has suffered a Failure, then Solo will also replace the battery and/or charger used with your Protected Device. Replacement Devices will not exceed $1500 retail price per replacement even if the retail price of the Protected Device is higher.
3. What happens if my Protected Device suffers a failure during the original 12 month manufacturer’s warranty period? If (a) the failure happens within the first 12 months of you activating the Protected Device on the Solo network; and (b) the failure is due to defects in parts or workmanship, then the manufacturer’s warranty will apply and Solo will not replace the Protected Device under your SPC Plan. Instead, you must return the Protected Device to be serviced by the manufacturer under the terms of the manufacturer’s warranty. See Section 50 of the Terms of Service for additional information.
4. When will I receive my Replacement Device if my service request is approved? If your service request is approved, the Replacement Device will be shipped to you by mail within 2 to 10 business days, or you may be required to pick up the Replacement Device at a retail location in your area. You must accept delivery of the Replacement Device within 30 calendar days of Solo having shipped it to you or else Solo will close your service request.
5. Will I be charged a Fee for my Replacement Device? Yes. You will be charged a non-refundable fee (“Service Replacement Fee”) for each approved Replacement Device which may vary depending on the type of Protected Device you are replacing. Service Replacement Fees are lower than the full retail value of the Protected Device. See the TableSmart/Phone Care Fees table below for your applicable Service Replacement Fee.
6. Does my Replacement Device come with a manufacturer’s warranty? The Replacement Device immediately becomes the Protected Device, and it is warranted to be free of defects in parts and workmanship for a period of 90 calendar days from, the date it is shipped to you (“Replacement Device Warranty Period”). If, during the Replacement Device Warranty Period, the Replacement Device fails to operate due to defects in parts or workmanship, it will be replaced with a further replacement device of comparable kind and quality and such further replacement will not be subject to a Service Replacement Fee nor will it be counted toward the maximum of 2 Replacement Devices you are entitled to as described in Section 8 below.
7. What happens if I return my Protected Device to Solo and Solo decides the failure is excluded from coverage? If Solo decides the Protected Device did not suffer a Failure or the failure is not covered by your SPC Plan, then we’ll let you know in writing. You will also have to pay the Non-Covered Service Fee as set out in the Smart/Phone Care Fees table below. See the Protection Details table for a list of excluded Failures.
8. Is there a maximum number of replacements for a Protected Device under my SPC Plan? Yes. Once you have completed the maximum number of replacements of your Protected Device(s) as described under "Replacement Device Max" in the Smart/Phone Care Protection Details table below (not including replacements as a result of Failure during the Replacement Device Warranty Period), your SPC Plan(s) for such Protected Device(s) will be cancelled. Upon cancellation, Solo will discontinue all subsequent monthly charges for the cancelled SPC Plan(s) on your account.
9. What do I do with the Protected Device that is being replaced? The Protected Device that is being replaced (other than a Protected Device being replaced due to loss or theft) must be returned to Solo in the return mailer included with your Replacement Device within 5 business days of you receiving the Replacement Device. You can call Solo at: 1 866 213-2143 to request a prepaid return mailer, if misplaced. The Protected Device that is replaced becomes property of Solo and may not be activated on the Solo networks or on any other wireless network. You assign to Solo all rights and benefits of any manufacturer’s warranty or other coverage relating to the Protected Device that is replaced. You are also responsible for first backing up any personal information and content contained on the Protected Device which you want to preserve and then deleting such personal information and content (by resetting your Device to factory settings) prior to giving your Device to Solo (visit support.bell.ca for instructions).
10. What happens if I don’t return to Solo the Protected Device that is being replaced , or I return the Protected Device with my content and syncing software or activation lock still enabled? You will have to pay either the non-return fee (“Non-Return Fee”) or the sync software/locking fee (“Sync Software/ Locking Fee”) as applicable and as set out in the Smart/Phone Care Fees table below, which varies depending on the Protected Device.
11. What if I receive a Replacement Device under my SPC Plan due to loss or theft of my Protected Device and I find or recover the Protected Device later? You must return the recovered Protected Device to Solo immediately. The Protected Device that has been replaced becomes the property of Solo and may not be activated on the Solo networks or any other wireless network. Follow the instructions in Section 9 of this Schedule or you can call 1 877 999-SOLO for more information.
12. How does Solo bill me for my chosen SPC Plan? Normally, the monthly Fees for the SPC Plan you selected (plus applicable taxes) will appear on your monthly bill for your Solo Services. Other applicable Fees related to your SPC Plan (for example, Non-Return Fees, Service Replacement Fees, Non-Covered Service Fees (as set out below) plus applicable taxes) might be added to your monthly bill or Solo may decide to collect such Fees from you before providing you with any Replacement Device.
| Smart/Phone Care Fees* | |
|---|---|
| Service Replacement Fee | $50 to $399 – Fee varies depending on Device model chosen |
| Non-Covered Service Fee | Applies if Failure determined to be excluded from coverage. $100 – wireless phone or turbo stick $300 – smartphone or tablet $400 – premium smartphone or premium tablet |
| Non-Return Fee | Applies if Protected Device is not returned (excludes Lost or Stolen devices). Protected Devices – Original Device or Refurbished Replacement Device: $100 – wireless phone or turbo stick $300 – smartphone or tablet $400 – premium smartphone or premium tablet Protected Devices – New Replacement Device: Full retail price |
| Sync Software/ Locking Fee | Applies if Protected Device is returned with content and sync software (such as Find My iPhone) and activation lock are enabled. $300 – smartphone or tablet $400 – premium smartphone or premium tablet |
| Smart/Phone Care Protection Details* | |
|---|---|
| Device Hardware Coverage Inclusions | (a) Defects in parts and workmanship beyond original manufacturer's warranty; (b) accidental damage (including liquid); (c) power surge; (d) loss or theft; and/or (e) normal wear and tear |
| Device Hardware Coverage Exclusions | (a) Incidental or consequential damages; (b) any failures caused by any act of God or any other cause beyond the control of Solo, the manufacturer of the Protected Device or any other person or entity, including but not limited to, war, acts of public enemy or terrorist, labour difficulties and/or acts of government; (c) abuse, misuse or intentional acts; (d) pre-existing Failures prior to subscribing to SPC; (e) Failures that occur within the first twelve (12) months of the date the Protected Device is activated on the Solo network and which are due to defects in parts or workmanship; (f) changes or enhancements in colour, texture, finish, expansion, contraction, or any cosmetic damage to Protected Device (whatever the cause), including but not limited to, scratches that do not affect the mechanical or electrical function of the Protected Device; (g) Failure of the Protected Device caused by computer viruses or similar unauthorized codes or programming; (h) contraband or any property transported or traded illegally; (i) any property sent to you from anyone other than Solo; (j) routine maintenance and consumable items (for example, batteries); (k) battery chargers (except that one standard charger will be provided with Replacement Device if the Replacement Device is a different model than the Protected Device or if the charger has also failed); (l) antennas; (m) SIM Card; and (n) any accessories |
| Device Software Coverage Exclusions | Device software and the below software-related scenarios are excluded from coverage and not protected by your SPC Plan: (a) assistance with network coverage issues, such as dropped calls/data interruptions; (b) over-the-air updates to operating systems, firmware, or other software; (c) diagnostic support not related to the Protected Device; (d) modification of Original Equipment Manufacturer (“OEM”) software; (e) installation of third-party software or OEM drivers not supported by the Protected Device; (f) computer setup, support or repair; (g) home or wireless router/modem or network setup, support or repair; (h) peripheral setup, support or repair; (i) installation of non-sanctioned applications; and (j) data migration from phone to phone or computer to computer; |
| Replacement Device Max | Maximum of 2 Replacement Devices with a maximum value of $950 per Replacement Device |
| Replacement Device Warranty | 90 days from date Solo ships Replacement Device to you |
| Replacement Device Coverage | Yes – SPC automatically continues and applies to your Replacement Device |
*Applicable taxes extra. A complete list of eligible Devices along with the monthly charge for each SPC Plan is available at: bell.ca/smartphonecare or in Bell stores.
Are there any rules regarding my use of Bell Services, the Bell networks or my Device? Yes. Bell encourages all of its Customers to use the Bell Services responsibly. Abuse or misuse of Bell Services, the Bell networks, or Devices impacts all Customers and is something Bell takes very seriously – and which could result in the termination of your Agreement with Bell, or lead to criminal or civil charges. Bell may immediately suspend, restrict, change or cancel all or part of your Services and modify or deactivate your Device without notice or take other necessary protective measures if Bell has reasonable grounds to believe there is a breach of any of these provisions. For example, you are strictly prohibited from:
(a) using, enabling, facilitating, or permitting the use of any Bell Services or your Device for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including cyberbullying, cybercrime, disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host;
(b) installing, using or permitting the use of any Bell Services without reading and accepting (or in contravention of) the terms of any separate license agreement or terms of use for the use of software, content (including Bell Content) and/ or documentation (as applicable) in connection with the Bell Services;
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Bell may
(i) filter any message determined by Bell to be spam from your in-box to an anti-spam folder and delete this message; and (ii) set a limit on the number of messages a Customer may send or receive through email;
(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 or purchasing any Bell Service for the purpose of reselling, remarketing, transferring without Bell's consent or receiving any fee or other benefit for the use of any Bell Service. If you engage in any of these activities, you will pay in full all charges billed to you at the lesser of $30 per megabyte plus applicable taxes or such other amount which Bell reasonably estimates as its liquidated damages. This fee is not a penalty. Your payment of these charges does not affect Bell's right to claim any additional amounts from you, including through court proceedings, that may reflect Bell's other losses as a result of your engaging in any of the prohibited activities described above;
(f) attempting to receive any Bell Service without paying the applicable Charges or Fees, modifying or disassembling your Device (including the alteration, copying, reproduction of or tampering with electronic serial numbers, IMEI or other identification, signaling or transmission functions or components of your Device), changing any identifier issued by Bell or a Bell company, attempting to bypass Bell’s network, or rearranging, disconnecting, removing, repairing or otherwise interfering with Bell Services, Bell equipment or Bell’s facilities;
(g) excessive use of Bell Services. Bell considers that data usage in excess of 25 GB per billing cycle is disproportionate and excessive for network management purposes. Customers whose wireless usage exceeds this threshold may, in Bell’s sole discretion, have their Services suspended, disconnected, changed or restricted, including having data speeds reduced to as low as 16 kbps;
(h) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with Bell Services (whether owned by or used under licence to Bell) 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 Bell Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through Bell Services;
(i) posting or transmitting any content, data 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
(j) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Bell employees, suppliers, agents and representatives.
Our Companies1 are committed to maintaining the privacy, accuracy and security of your Personal Information. Under Bell’s Privacy Policy, “Personal Information” is information about you as an identifiable individual that is protected by law. This Commitment to Privacy is a summary of our Privacy Policy and highlights important points that may be of interest to you.
1. What information does our Privacy Policy apply to? All Personal Information that we collect, use or disclose about our individual customers and authorized users is covered by our Privacy Policy. This may include information such as your name, mailing address, email address, phone number, credit information, and billing or service records. There are some exceptions created by applicable law to what might ordinarily be considered Personal Information.
2. When do the Companies collect personal information? We collect information during the inquiry, activation or purchase process for a product or a service, when we provide service to you (including technical support or during the warranty/repair claims and service process), automatically when you use our products or services or visit our websites, call into a call centre and via security cameras when you shop in one of our corporate retail locations and also from third-parties, such as credit reporting agencies or other third-parties with whom you have had a payment relationship.
3. How do the Companies use my Personal Information? We collect information to:
- establish and maintain responsible commercial relations with you and to provide ongoing service;
- try to understand the needs and preferences of our customers, and determine your eligibility for products and services;
- recommend products and services to meet your needs;
- develop, enhance, market or provide products and services;
- manage and develop our business and operations; or
- meet our legal and regulatory requirements.
4. When is my Personal Information disclosed? Your Personal Information may be shared among the Companies and brands, including Virgin Mobile Canada and The Source. We may disclose your Personal Information in a variety of circumstances and for the purposes set out within our Privacy Policy, such as when we have your express or implied consent. Where necessary, we will request your further consent before disclosing your Personal Information for any new purpose(s).
5. How is my Personal Information protected? We use appropriate technical and operational security safeguards which vary depending on the sensitivity of the Personal Information in question. All of our employees with access to Personal Information are required to respect the confidentiality of Personal Information. Personal Information we disclose to third-parties is governed by our Privacy Policy through comparable protections in our commercial agreements and is also protected by additional safeguards, if required, depending on the sensitivity of the Personal Information involved.
6. Can I opt-out of the collection, use or disclosure of my Personal Information by the Companies? Sometimes. You can opt-out of your Personal Information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages. But where your Personal Information is reasonably necessary to provide you with the services you requested or the operation of our network, you cannot continue to use the services and opt-out of the collection, use and disclosure of your Personal Information because it is a condition of services. In these circumstances, you must terminate your services to stop the collection, use and disclosure of your personal information.
7. Where can I find a copy of the Privacy Policy? You can get a copy of our Privacy Policy online at: bell.ca/privacy or by contacting the Bell Privacy Office using the contact information provided below. Please also visit our privacy pages at bell.ca/privacy for additional information.
8. Questions or concerns about our privacy practices? If you still have unresolved privacy concerns you can contact us at the number shown on your bill. If a service representative cannot address your concerns to your satisfaction, contact the Bell Privacy Office at:
160 Elgin St., Ottawa ON K2P 2C4 or by email at privacy@bell.ca.
1 In this Commitment to Privacy, the words “we”, “us”, “our” and “Companies” refers to the Bell family of companies and brands as they exist over time, including: AAA Security, Bell Aliant, Bell Canada, Bell ExpressVu LP (Bell Satellite TV), Bell Media, Bell Mobility, Bell MTS, Cablevision du Nord, DMTS, KMTS, NorthernTel, Ontera, Solo Mobile and Télébec.
Effective: 15/04/2019