Freedom Terms and Conditions of Service

General

1. What are the Terms and Conditions of Service?

These terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below.

Throughout this document:

“Authorized Device” means a media player that Freedom has authorized to use with VMedia TV Service;
“E-9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
“Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services, excluding Authorized Devices which Freedom may resell;
“Fixed Term” means a minimum contract period for a particular Service;
“Freedom” means Freedom Mobile Inc.;
“I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
“Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by Freedom;
“My Account Portal” is a customer portal on the Website (www.vmedia.ca/login) that allows you to access features and information relating to your Services and your account with Freedom;
“Policies” are defined in Section 12 of the Service Terms;
“Residents of Québec” means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
“Service Agreement” means an agreement setting out the terms for specific Services. Service Agreements are available on the Website at the following URL: www.vmedia.ca/support/terms;
“Services” mean any VMedia branded services that you subscribe to or receive from or through Freedom. All Equipment and Software (as defined in this section) are considered elements of the Services. For greater certainty, Services does not mean any Freedom branded services you subscribe to or receive from or through Freedom;
“Software” means any software used to access the Services or used in conjunction with the Services;
“Fixed Term” means a minimum contract period for a particular Service, as indicated on your applicable Service Agreement;
“Freedom Care Team” means Freedom’s customer support team;
“Freedom Parties” means Freedom, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
“us”, “we”, “our” or “ourselves” means Freedom; and
“Website” means all content on www.vmedia.ca/support/terms.

2. What is included as part of my Agreement for Services with Freedom?

Your complete Agreement with us (“Agreement”) includes:

these Service Terms;
any Service Agreement for the specific Services you subscribe to;
our Acceptable Use Policy which sets out prohibited activities, certain limits on your use of the Services and how we enforce violations of the policy;
our Privacy Policy, which sets out how we collect, use and disclose and safeguard your personal information and what rights you have regarding your personal information;
our Traffic Management Policy which describes how we manage our network to ensure network integrity and the best possible services experience for all of our Internet customers;
any Freedom document describing features, products or Services; and
any other document incorporated by reference.

In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms, and lastly to any other Freedom document. Your Agreement, with any amendments, is the entire Agreement you have with us for the applicable Services.

3. How do I accept the Agreement?

You acknowledge that you have read, understood and agreed to the Agreement when you placed an order for Services by any means including online, over the phone or in-person.

If you do not agree to the Service Terms or any applicable Service Agreement, you may not use the Services.

4. How long does the Agreement last?

The term (“Term”) of your Agreement with Freedom begins when you accept the Agreement and will continue until the Agreement is cancelled. Freedom provides Services to you on an ongoing month-to-month basis without a set end date, unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, at the then-current prices for the Services, unless you cancel the applicable Service in accordance with Section 33.

5. Can Freedom change the Agreement?

Not applicable to Residents of Québec:

Unless otherwise specified in the Agreement, Freedom can change the terms of the Agreement and any aspect of the Services, including Services that are subject to a Fixed Term. Before we make any changes to the Agreement, we will give you at least thirty (30) days' written notice (sixty (60) days' notice for a key term, as defined in the CRTC's Internet Code, of an Internet Service) by email or letter. We will not change any key term during a Fixed Term.

Applicable only to Residents of Québec:

Unless otherwise specified in the Agreement, Freedom can change: (a) the following aspects of an Agreement for month-to-month Services: content, hours of availability, specifications, prices, and equipment needed for access or use of the Services; and (b) any aspect of an Agreement for a Fixed Term, with the exception of price, term, the nature of the Services or any other essential element of the Agreement.

Before we make any changes to an Agreement, we will give you at least thirty (30) days' written notice by email or letter. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights. If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

6. What if I do not agree with a change that Freedom makes to the Agreement?

If you do not agree with a change made by Freedom, you may cancel the affected Services in accordance with Section 33. There are no fees or charges if you decide to cancel because of a change that we make to the Agreement.

Account, Charges and Payment

7. How does Freedom charge me for Services?

In order to initially activate and use Services, you must pay all monthly recurring and one-time charges (collectively, “Fees”) for your Services in full in advance. Once paid, your Services will be activated. You are not entitled to receive any Services that you have not already paid for. Your Services will be automatically charged in Canadian dollars on the first day of each month to your credit card or any other pre-authorized payment method made available to you by Freedom. You can log-on to the My Account Portal on the Website to access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro-rated charges for a partial month. Service Agreements may also modify the payment terms for certain Services.

8. How can I pay for my Services?

You must pay for your Services by credit card or any other pre-authorized payment method made available to you by Freedom. You confirm that you are an authorized user of the credit card or any other payment method made available to you by Freedom and that your payment method is valid and has not expired or closed. You must promptly advise Freedom if your credit card or other payment method changes by contacting Freedom through the points of contact set out in Section 47 of these Service Terms.

9. What charges apply to late payments, rejected payments and other account processing actions?

Any residential account that is 10 days past due, for reasons including the decline of the payment under the credit card which Freedom has on file, shall be subject to a $25 administration fee for our collection efforts. Any residential account that is 10 days past due will be suspended until payment has been received. If an account has been suspended, we do not issue any credit for the days without service. Accounts more than 20 days past due may be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee as applicable. You agree that we can charge any unpaid and outstanding amount, including our administration fee and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.

Not applicable to Residents of Québec: Administrative charges in the amount of $25 may be levied for administration or account processing activities in connection with your account, including as a result of:

a change of any Identifier.
collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason; and/or
the restoral of Service

Applicable only to Residents of Québec: Administrative charges in the amount of $25 may be levied for administration or account processing activities in connection with your account, including as a result of a change of any Identifier.

10. Do I need to pay any deposits for use of Services?

Yes. In some cases, Freedom may request a refundable security deposit for the rental of Equipment. In such a case, the deposit will be refunded to your account with earned interest within 30 days of the Equipment being returned to Freedom in good working condition. Freedom may also determine, in its sole discretion, that based on your payment history, Freedom no longer requires you to maintain a deposit, following which the deposit will be refunded to your account with earned interest. Earned interest is calculated based on the Bank of Canada's overnight rate in effect at the time, plus 1%, on the basis of the actual number of days in year, accruing on a monthly basis. Freedom may apply the security deposit toward any amount past due and may require you to replenish the security deposit after such use in order to continue providing Services.

11. What if I dispute a Fee?

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within thirty (30) days of the statement date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

Your Responsibilities

12. Does Freedom have any policies that apply to the Services?

Yes. From time to time, Freedom may establish policies, rules and limits (collectively “Policies”) concerning, without limitation, the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are available on the Website.

13. Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to:

Resell the Services, receive any charge or benefit for the use of the Services; and
Transfer your Services without our express consent.

You must also follow any Policies and Service Agreements setting out acceptable use guidelines for the Services and Equipment.

14. How can I be sure that Freedom has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to Freedom (including name, mailing address, email address, address where the Services will be provided to you, phone number, and any authorized users) up to date and accurate and to let us know if it changes. If this Agreement is cancelled, you will provide Freedom with forwarding information for final statements or correspondence if your new contact information is different from the information we have on file.

15. What am I responsible for if my Freedom account is compromised?

You are responsible for any use of the Services that originate from your account. You must take appropriate measures to ensure that others do not gain unauthorized access to your Services or account. You must notify Freedom immediately through the points of contact set out in Section 47 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

Freedom Services

16. Are there any warranties on the Services?

Not applicable to residents of Québec:

To the maximum extent permitted by law, the Freedom Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, software, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”).

Freedom may limit the amount of an Offering that you may purchase. You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Offering.

The Freedom Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Freedom Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.

Applicable only to Residents of Québec:

To the maximum extent permitted by law, the Freedom Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment (except as such warranties relate to Equipment, in accordance with statutory warranties) or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”).

17. Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that Freedom does not fully control. You acknowledge and understand that the Services, including public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

If your Equipment fails, is not configured correctly or does not meet Freedom's requirements;
If you install certain third party applications on your Equipment;
In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
In the event of a network outage or power failure;
If you or somebody else tampers with or, in some cases, move the Equipment; or
Following suspension or termination of your Services or account.

18. What is Freedom's policy for Service interruptions?

You are entitled to a credit if a Service is interrupted and unusable for at least 48 consecutive hours. You may request a refund in writing within 15 days of the end of the interruption. You are not entitled to any other compensation. The amount of the credit will be prorated based on the duration of the interruption, in the following manner: Monthly price of the service divided by the number of days included in the billing period and then multiplied by the number of days of service interruption.

However, you are not entitled to a credit if the interruption is caused by:

a work stoppage;
an act of vandalism;
an order from the police or any other law enforcement agency forcing us to interrupt your Service;
any other event of force majeure or circumstances beyond our control or beyond the control of a Freedom partner service provider.

Freedom Equipment and Software

19. Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

You will take reasonable care of the Equipment;
You may not sell, lease, mortgage, transfer, access, assign or encumber the Equipment;
You may not relocate the Equipment without our knowledge and permission; and
You will return the Equipment to us at your own expense upon termination of the Services to which the Equipment is related.

If Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted value of Equipment, together with any costs incurred by us in seeking possession of such Equipment.

20. If I ordered Equipment from Freedom when will it be delivered?

After you place an order for Equipment, you will receive a shipping notification email with shipping details, including the delivery address and tracking information so that you can follow your order and know when to expect delivery from the courier. That shipping notification email is incorporated by reference into your Agreement.

21. What happens if there are problems with Equipment?

Equipment provided by Freedom may be covered by a manufacturer's or other warranty. Please see the materials accompanying your Equipment, or the manufacturer's website, for warranty information and details, including coverage, duration and how you may make a claim under the warranty.

For greater certainty, Freedom shall have no liability with respect to Authorized Devices, and all warranties and benefits to you, with respect to those devices shall be limited to a manufacturer's warranty, which accompany those devices.

If Freedom determines that any Equipment provided by Freedom must be replaced, Freedom will send you a shipping label and instructions to return the old Equipment. You will not be charged for the old or replacement Equipment in the following circumstances:

The old Equipment is received by Freedom within 30 days;
The old Equipment is in its original packaging, including all packaging and materials provided by the manufacturer;
All accessories and ancillary equipment provided by the manufacturer (e.g. power adapter, remote controls and wires); and
You use adequate bubble packaging or other protective packaging to prevent damage to Equipment during shipping; and
Following inspection of the old Equipment, Freedom determines that there was no physical damage to the Equipment.

Freedom reserves the right to charge you the undiscounted value of any Equipment not returned to us in full compliance with this section.

In the event you return Equipment which is determined by Freedom not to be defective, Freedom may charge a restocking fee of $25 as reimbursement for the costs of handling the Equipment.

For additional details about the process and timelines for Equipment exchanges, please contact Freedom through the points of contact set out in Section 47.

22. Do I need to grant Freedom access to Equipment?

Yes. You agree to authorize us, our representatives and our suppliers to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade, disconnect or improve the operation of our services, the Equipment or our facilities or networks, whether for your benefit or the benefit of others.

23. Will the Service ever require changes of Equipment?

Yes. The Equipment and its specifications and location may need to be changed, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

24. Are there any limitations to the use of Software?

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of Freedom, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will be cancelled upon cancellation of the applicable Agreement.

Proprietary Rights

25. Is the content that I access through the Services subject to any intellectual property rights?

Yes. You acknowledge that content including, but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by Freedom, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

26. Do I have any rights to the content that I provide in connection with the Services?

Yes. Freedom does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to Freedom or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to Freedom or any third party, using the Services, you have thereby granted Freedom a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Freedom to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

27. Who owns Identifiers used in connection with the Services?

Except where otherwise specified by Freedom, Identifiers remain the property of Freedom at all times.

Privacy and Confidentiality of Your Information

28. How does Freedom protect my personal information?

Freedom protects your personal information in a manner consistent our Privacy Policy and applicable laws. For more information, please see our Privacy Policy available at www.vmedia.ca/support/policy-privacy.

29. Does Freedom perform credit checks or report credit history?

Yes, by entering into the Agreement you agree that the Freedom Parties may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. The Freedom Parties may also disclose your Freedom credit history to credit reporting agencies, credit grantors and/or collections agencies.

30. Will Freedom send me commercial electronic messages?

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from Freedom. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.

Services, VoIP and Related Limitation of Liability

31. Is 9-1-1 service always available over VoIP?

No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E-9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using Freedom VoIP services.

With both traditional basic 9-1-1 and E-9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E-9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Freedom VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using Freedom VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.

If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your Freedom VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Freedom is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to My Account Portal or contacting Freedom through the points of contact set out in Section 47 of these Service Terms.

You acknowledge and understand that the Freedom VoIP service or access to the Freedom VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

If your Equipment fails, is not configured correctly or does not meet Freedom’s requirements;
In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
In the event of a network outage or power failure;
If you or somebody else tampers with or, in some cases, move the Equipment; or
Following suspension or termination of your Services or account.

There may be a greater possibility of network congestion and/or reduced speed in the routing of 9-1-1 calls made utilizing Freedom VoIP service as compared to traditional 9-1-1 calls dialed over traditional public telephone networks.

Freedom does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.

You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Freedom VoIP service, of the important differences and limitations of VoIP 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.

Freedom does not have any control over whether, or the manner in which, calls using Freedom VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. Freedom disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. Freedom relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Freedom disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.

32. How do Freedom Parties limit their liability for VoIP 9-1-1 services?

The Freedom Parties limit their liability for VoIP 9-1-1 services as follows:

You acknowledge and agree that, to the maximum extent allowed by law, the Freedom Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Freedom VoIP Service and you agree to indemnify and hold harmless the Freedom Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Freedom VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

Liability and Indemnification

33. How do Freedom Parties limit their liability?

You agree that, unless otherwise specifically set out in an Agreement, to the maximum extent permitted by applicable law, the Freedom Parties' liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or three (3) times the amount of the credit which you are entitled for a Service interruption of 48 hours or more.

Other than the foregoing payment and to the maximum extent permitted by applicable law, and except towards Residents of Québec for damages resulting from a Freedom Parties' own act, the Freedom Parties are not liable to anyone for:

Not applicable to Residents of Québec:

Any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
Any errors, inclusions or omissions related to the Offering;
The denial, restriction, blocking, disruption or inaccessibility of any Services, including public alerts or special needs services, Equipment or Identifiers;
Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Applicable only to Residents of Québec:

The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
Any errors, inclusions or omissions related to the Offering;
The denial, restriction, blocking, disruption or inaccessibility of any Services, including public alerts or special needs services, Equipment or Identifiers;
Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Not applicable to Residents of Québec:

These limits are in addition to any other limits on the Freedom Parties’ liability set out elsewhere in the Agreement and apply to any act or omission of the Freedom Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

34. Must I indemnify Freedom Parties with regards to the Agreement?

Yes. You agree to indemnify and hold harmless the Freedom Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against the Freedom Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.

Cancelling and Suspending Freedom Services

35. When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Agreement by contacting Freedom thought the points of contact set out in Section 44 of these Service Terms.

36. Can Services be transferred to another provider?

Some Services and Identifiers may be transferred to another provider. Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Agreements will be automatically cancelled.

37. When can Freedom cancel my Services, with notice?

Not applicable to Residents of Québec:

Freedom may cancel any or all of your month-to-month Services and corresponding Agreements upon no less than thirty (30) days' written notice to you.

Freedom may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36.

Applicable only to Residents of Québec:

Freedom may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than sixty (60) days' written notice to you.

Freedom may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36.

38. When can Freedom cancel or suspend my Services, without notice?

Applicable to all Freedom customers:

In addition to our rights to cancel your Services pursuant to Section 32, Freedom may also restrict, block, suspend, disconnect or cancel for cause any or all of your Services or accounts, including Fixed Term Services, without notice, if:

you are in breach of this Agreement, including non-payment of your charges or non-compliance with any Policies;
you exceed our reasonable usage limits;
you have given us false, misleading or outdated information;
we reasonably suspect or determine that any of your Services, Equipment and / or Identifiers are the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others;
you harass, threaten or abuse us or our employees or agents;
you fraudulently or improperly seek to avoid payment to us;
we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks;
your Service is not activated within a reasonable period of time;
any account or service on which your Services depend is cancelled for any reason; or
we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

If we restrict, suspend, block, disconnect or cancel your Services or accounts:

you must pay any amounts owing;
we may also restrict, suspend, block, disconnect or cancel, without notice or liability, your Services under any other agreement or account that you may have with us (including any Freedom mobile services) or a related Freedom entity (including accounts that may be in good standing);
you may be charged for any costs incurred by us or any related Freedom entity in connection with your breach of these Service Terms, including costs incurred to enforce your compliance;
your access to special needs services may also be restricted, suspended, blocked, disconnected or cancelled;
your rates for Freedom mobile services or any services with a related Freedom entity may change in accordance with the terms of those services; and/or
monthly Fees continue to apply during any suspension of Services.

Applicable only to Residents of Québec:

If you subscribe to a Fixed Term Service, then we may only cancel your Service without notice if you are in default of your obligations under the Agreement, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.

39. What amounts must I pay if my Service(s) are cancelled?

If you or Freedom cancels one or more of your Services you must pay all outstanding Fees (including any installation fees for Services that have been installed but not activated) and any other amounts owing to Freedom at the time of cancellation. However, Freedom will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last month after cancellation.

If, in accordance with the Service Terms, you or Freedom cancel a Service that is subject to a Fixed Term prior to the expiry of the Term, then you must pay cancellation charges (“Cancellation Charges”) specified in the Service Agreement for those Services.

To the maximum extent permitted by law, any one-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped. If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a Service is cancelled.

Notwithstanding the foregoing, Freedom does not issue any credits or refunds for cancellations for cause by Freedom, pursuant to Section 38. Services may also be subject to different cancellation and refund terms, as set out in the applicable Service Agreement(s).

40. How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or cancelled by Freedom?

Freedom may, at its sole discretion, restore your Services, with or without conditions that may include:

Full repayment of outstanding amounts owing to Freedom;
Compensation for costs incurred by Freedom in connection with your breach of the Service Terms, including costs incurred to enforce your compliance or to restore your Services; or
Changes to your Fees on an ongoing basis.

41. What happens to credit balances on my final statement?

Generally, Freedom customers do not have credit balances on final statement. However, if circumstances cause you to have a credit balance on your final statement, we will refund this balance.

Additional Terms

42. Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province or territory of Canada applicable to the Agreement and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

43. What is the process that applies to unresolved disputes with Freedom?

The process for disputing Fees is described in Section 11 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute. Any unresolved dispute may be referred on a simplified and expediated basis to voluntary single arbitrator arbitration under the laws and rules relating to commercial arbitration in the province in which you reside. In such event, the fees for the arbitrator shall be shared equally by the parties.

You may escalate certain types of complaints externally with the Commission for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve certain consumer and small business disputes about telecommunications and television services. CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service. You can also obtain information on the Television Service Provider Code and Internet Code on the CRTC website: www.crtc.gc.ca.

44. Which Court has jurisdiction over claims related to the Agreement?

By entering into the Agreement, except where the CRTC, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive jurisdiction of courts located in the province in which your billing address is located. However, if your billing address is outside of Canada, you submit to the jurisdiction of the province or territory in which the Services are delivered.

45. What laws apply to this Agreement?

The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province or territory in which the Services are delivered.

46. What if parts of this Agreement become unenforceable?

If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Freedom. Even if Freedom decides not to enforce any part of this Agreement for any period of time, the term still remains valid and Freedom can enforce it in the future.

47. Can this Agreement be transferred?

Freedom may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without Freedom’s prior written consent.

48. Do any terms or obligations of this Agreement apply after the cancellation or expiry of the Agreement?

Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event, including but not limited to the obligation to pay any outstanding amounts owed for Services.

How to Contact Freedom

49. How do I contact Freedom?

To contact Freedom for any reason, including providing notices to Freedom pursuant to this Agreement, and unless advised by Freedom in writing otherwise,

Customers in Ontario, Québec, New-Brunswick, Nova Scotia, Prince-Edward Island and Newfoundland can reach us:

By Phone: +1-855-333-8269
By chat: www.vmedia.ca/support

Customers in British Columbia, Alberta, Saskatchewan and Manitoba can reach us:

By Phone: +1-844-872-8269
By chat: www.vmedia.ca/support

50. How do I contact Freedom for customer and technical support?

Unless otherwise specified in a Service Agreement, Freedom offers technical support for Services between 10:00 AM and 9:00 PM (local time) seven days a week, including provincial and federal statutory holidays. You may contact Freedom for customer and technical support via the contact information set out above in Section 49.