For good and valuable consideration, the receipt and sufficiency of which are acknowledged, you agree to the following:
1. Credit Card, Electronic Funds Transfer, and Other Forms of Payment.. As a commercial subscriber, you are required to provide Bell TV with a valid major credit card ("Credit Card"), agree to pay through electronic funds transfer ("EFT") through a valid active Canadian funds chequing account with an accredited financial institution in Canada ("Chequing Account"), or agree to pay with immediately available, irrevocable funds upon receipt of invoice from Bell TV, in order to: (a) purchase the equipment you have ordered ("Equipment"); and (b) open a Bell TV account ("Bell TV account") to receive and display Bell TV's satellite television and audio service ("Service"). This is necessary to ensure: (a) that the Equipment you purchase is activated as required under Section 2; and (b) payment for subscription and other fees and charges owing to Bell TV ("Fees"), exclusive of all applicable taxes. Your Chequing Account information and Credit Card number will not be provided to any other person without your prior consent. You will promptly advise Bell TV of any change to your billing address, service address, telephone number or any of your information provided to Bell TV at the time of subscription, or any change to, loss, theft or cancellation of, your Credit Card or Chequing Account information and provide new credit card information or Chequing Account information if you obtain a new credit card or open a new bank account, respectively by calling Bell TV at 1-877-439-8502.
By activating the Equipment and/or accepting this Agreement below, you expressly, absolutely and irrevocably authorize Bell TV to charge your Credit Card and any replacement credit card, or withdraw from your Chequing Account and any replacement Chequing Account any outstanding amounts, Fees, taxes or other charges owing for the Equipment or the Service, under this Agreement or otherwise, or otherwise owed to Bell TV, and this shall constitute Bell TV's good and sufficient authority for so doing.
2. Equipment Purchase. If you agreed to subscribe to the Service for an initial service period of 12 or 24 months, as applicable ("Initial Service Period"), you expressly acknowledge that Bell TV has subsidized the purchase price for the Equipment and/or installation of the Equipment on the understanding that you will: (a) become a subscriber of the Service for the Initial Service Period; and (b) activate the Equipment with Bell TV to receive the Service at the address indicated on the order confirmation you received from Bell TV when you subscribed to the Service ("Order Confirmation") within 60 days of the date of purchase of the Equipment. FAILURE TO ACTIVATE THE EQUIPMENT WITHIN THIS 60 DAY PERIOD WILL RESULT IN A BELL TV ACCOUNT BEING OPENED IN THE NAME UNDER WHICH YOU SUBSCRIBED TO THE SERVICE, AND A CHARGE BEING APPLIED TO EITHER SUCH BELL TV ACCOUNT OR YOUR CREDIT CARD, A CHARGE BEING WITHDRAWN FROM YOUR CHEQUING ACCOUNT, OR AN INVOICE BEING ISSUED TO YOU IN THE AMOUNT OF $299 FOR EACH SET OF NON-ACTIVATED EQUIPMENT. You agree that these charges represent a reasonable estimate of damages suffered by Bell TV as a result of your failure to activate the Equipment, or any receiver, within the 60 day period, and not a penalty.
3. Personal and Credit Information Bell TV advises that: (a) Bell TV may request and obtain a credit or consumer report regarding you from a credit or consumer reporting agency as part of your application for Bell TV; (b) Bell TV may report personal and/or credit information to a credit or consumer reporting agency and; (c) by signing the application for Bell TV, you consent to Bell obtaining your personal and/or credit information from a consumer or credit reporting agency. The collected personal and credit information will be retained by Bell TV and its authorized sales agents, and may also be used to make relevant decisions in connection with services and programs. Personal and credit information shall be made available only to employees and advisors of Bell TV for purposes of their duties or as prescribed by law. Your file will be kept at Bell TV's offices from time to time, which are currently located at 100 Wynford Drive, Suite 300, Toronto, Ontario, M3C 4B4. You expressly authorize and consent to the collection and maintenance of such credit and personal information by Bell TV.
4. Terms and Rates. If you subscribe to an Initial Service Period, at the end of the Initial Service Period, your Bell TV Service will continue until (i) you terminate this Agreement upon a 30 day notice to Bell TV; or (b) Bell TV terminates this Agreement as permitted herein ("Term"). Please note that all programming rates, Fees, and charges for other miscellaneous features or services, system access, late payment charges, termination, administrative, deactivation, reactivation or cancellation charges may increase or change over the Term. For greater clarity, the Term will include the Initial Service Period, as applicable. If the programming plan or other programming that you are subscribing to is no longer available at the expiry of the Initial Service Period, Bell TV will provide you with alternative programming that is near to equivalent, if possible, at the then current and available Bell TV rate and Fees. Taxes are, in all cases, extra.
5. Early Termination of the Initial Service Period. As consideration for the instant rebate or other subsidy given to you on the Equipment, and other consideration applicable to your Initial Service Period, you have agreed to subscribe to the Service for the Initial Service Period indicated on your Order Confirmation. If you are a 12 or 24 month Initial Service Period subscriber and you cancel your Service prior to the end of your Initial Service Period, Bell TV may charge your Credit Card or Bell TV account or withdraw from your Chequing Account an early termination fee. If you are a 12 month Initial Service Period subscriber, the early termination fee is $200. If you are a 24 month Initial Service Period subscriber, the early termination fee is $200 during the first 12 months of your Initial Service Period and $100 if you choose to terminate your Service between the 13th to 24th months, inclusive. To cancel the Service after the end of the Initial Service Period, you must give Bell TV a minimum 30 day prior written notice.
7. Returns. Bell TV and its authorized agents will honour the return policy, if any, applicable to the Equipment.
8. Replacement of Equipment. To the extent that Bell TV is required to replace any of your Equipment with another substantially similar model and make of equipment ("Replacement Equipment") you acknowledge that, upon delivery to you of the Replacement Equipment, this Agreement will automatically and without any further act, thing or document (a) terminate and be at an end with respect to the Equipment that is being replaced by Bell TV ("Replaced Equipment"); and (b) apply to the Replacement Equipment as if it were the original Equipment acquired hereunder and all terms of this Agreement will apply to the Replacement Equipment without any novation occurring or being deemed to have occurred with respect to the Replacement Equipment. The term "Equipment" will, in such circumstances, be deemed to refer to the Replacement Equipment in place of the Replaced Equipment.
9. Installation. Unless otherwise agreed in writing by Bell TV, installation of the Equipment is not included and is your sole responsibility. With respect to your installation of the Equipment, you: (a) hereby release and forever discharge Bell TV, its employees and agents from any and all liability; and (b) agree to defend, indemnify and hold harmless Bell TV, its employees and agents from and against any third party claims resulting therefrom. Any installation of Equipment provided by Bell TV is subject to the terms and conditions of your Service Installation and Work Order with Bell TV for such installation of Equipment (" "). Please review the terms and conditions of the Work Order to determine your rights and responsibilities thereunder.
10. Commercial Customer Agreement. The Service is subject to the Commercial Customer Agreement, as amended ("CCA"), available at www.bell.ca/satelliteagreements or by order at 1-877-439-8502 and so long as you are subscribing to the Service, you agree to comply with the CCA. The terms of this Agreement will govern if and to the extent of any inconsistency or conflict between it and the CCA. Bell TV reserves the right to terminate this Agreement for any breach by you of this Agreement or the CCA. Bell TV may from time to time communicate to you through email or other method of communication likely to come to your attention certain changes, modifications and amendments to the CCA. You expressly agree to familiarize yourself with all such communications and follow the instructions provided therein as and when required. You will also check the website periodically to view the latest version of the CCA at www.bell.ca/satteliteagreements. Bell TV shall not be liable for any damage to you or your property resulting from your failure to respond to its communications.
11. Miscellaneous. The parties hereto expressly agree that this Agreement shall be written in the English language. Les parties aux présentes conviennent à ce que ce document soit rédigé dans la langue anglaise. Time is of the essence with respect to this Agreement. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their permitted successors and assigns. Clerical errors shall not affect the validity of this Agreement and Bell TV shall be entitled to unilaterally correct the same. Bell TV is not offering any representation, warranty or condition whatsoever regarding the Equipment, other than those expressly stated in this Agreement and expressly required by law. The manufacturer's warranty is the only available warranty. To the extent permitted by applicable law, Bell TV shall not be liable for any indirect, special, consequential, exemplary or incidental damages of any kind or for any reason whatsoever. Bell TV's liability to you shall not exceed the total amount actually paid by you to Bell TV and its authorized agents for the Equipment. The term "including" means including without limitation.
Bell ExpressVu Limited Partnership, by its general partner Bell ExpressVu Inc., is a federally-regulated undertaking and as such, this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of this Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of the other provisions.
