For good and valuable consideration, the receipt and sufficiency of which are acknowledged, you agree to the following ADDITIONAL TERMS TO THE AGREEMENT:
1. Credit Card. You must have a valid major credit card to: (a) purchase the receivers ("Receivers"); and (b) open a Bell TV account ("Bell TV Account") to receive Bell TV's satellite television and audio service ("Service"). This is necessary to ensure : (a) that the Receivers you purchase are activated as required under Section 3; and (b) payment for subscription, installation (where applicable) and other fees and charges owing to Bell TV, inclusive of all taxes, ("Fees")if you fail to pay your Bell TV account in accordance with our billing policies as set out in Section 2. Your 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, residential address, telephone number or any other information provided or any change to, loss, theft, or cancellation of, your credit card and provide new information about any replacement credit card by calling Bell TV at 1-888-SKY-DISH.
2. Bell TV Account Past Due. Bell TV will charge your credit card each and every time your Bell TV account has any Fees or other fees or charges that are 45 days past their due date. In such case, your Credit Card will be charged for all amounts, fees and charges then due and noted on your Bell TV account, whether or not all such amounts, fees and charges are over 45 days past their due date.
3. Receiver Purchase. You expressly acknowledge that Bell TV has subsidized the purchase price of the Receivers on the understanding that you will: (a) become a subscriber of the Service for the Initial Service Period, if applicable, and (b) activate the Receivers with Bell TV to receive the Service at the address indicated within 60 days of the date of purchase of the Receivers. SUBJECT TO APPLICABLE LAW, FAILURE TO ACTIVATE THE RECEIVERS WITHIN THIS 60 DAY PERIOD WILL RESULT IN A BELL TV ACCOUNT BEING OPENED IN YOUR NAME AND A CHARGE BEING APPLIED TO EITHER YOUR BELL TV ACCOUNT OR YOUR CREDIT CARD IN THE AMOUNT OF $100.00 FOR EACH NON-ACTIVATED RECEIVER. You agree that these charges represent a genuine and reasonable estimate of damages suffered by Bell TV as a result of your failure to activate the Receivers, or any of them, within the 60 day period.
4. Qualification. To complete the purchase of the Receivers, you must (a) be the person to sign this agreement or have legally designated a third party ("Legal Designate") to sign in your place; and (b) be subscribing to receive the Service in your private residence in Canada as a residential subscriber, and not as a commercial subscriber.
5. Personal and Credit Information. Presentation of photo identification is required before completing the sale of receivers to: (a) prevent potential signal theft activity by accurately identifying buyers of receivers; (b) prevent commercial resale of receivers through reasonable limitations on the number of receivers purchased; and (c) ensure the accuracy of your contact information if the receivers are not activated on the Service within 60 days after purchase. You agree that Bell TV may conduct personal and credit investigations against you, and collect and maintain personal and credit information on you to assist in collecting amounts owed by you. 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.
6.Term and Rates. If you are subject to an Initial Service Period, at the end of the Initial Service Period, your Service will continue until (a) you terminate the agreement upon a 30 day notice to Bell TV, or (b) Bell TV terminates the Agreement as permitted herein ("Term"). If you are not subject to an Initial Service Period, your Service will continue until (a) you or Bell TV will terminate this Agreement upon a 30 day notice to the other party, or (b) Bell TV terminates this Agreement as permitted herein or in the RCA (as defined in Section 12) and the period during which you subscribe to the Service constitutes the "Term". Subject to applicable law, please note that all programming rates, fees and service charges for other miscellaneous features or services, system access, late payment charges, termination or cancellation charges may increase 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 Bell TV rate. Taxes are, in all cases, extra.
7. Early Termination of the Initial Service Period. If you are subject to an Initial Service Period, as consideration for the instant rebate on the receivers, if applicable, and other consideration applicable to your Initial Service Period, you have agreed to subscribe to the Service subject to the Initial Service Period (24 months). If you are a 24 month Initial Service Period subscriber, and you cancel your service, Bell TV may charge your Credit Card or Bell TV account an early termination fee in the amount of (a) $200 during the first 12 months of your Initial Service Period or (b) $100 if you choose to terminate your Service between the 13th and 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 notice. If you are not subject to an Initial Service Period, there are no early termination fees.
8. Not a New Subscriber. You acknowledge and agree that the instant rebate given on the purchase of the Receivers under this Agreement is for new subscribers to Bell TV only. If following the activation of your Receivers, it is determined that at the time of signing the Agreement you were a subscriber of Bell TV's services in the last 6 months, you shall be deemed to be in material breach of this Agreement and Bell TV will charge your Credit Card or Bell TV account the amount of $200, which amount is a reasonable estimate of damages suffered by Bell TV as a result of your breach.
9. Returns. Bell TV and its authorized agents will honour the (a) return policy applicable to the Receivers and (b) direct sales legislation, if applicable.
10. Replacement of Receivers. For details regarding your warranty for your Receiver(s), please consult the User Manual in your packing box. To the extent that Bell TV is required to replace any of your Recievers with another substantially similar model and make of receiver ("Replacement Receiver") you acknowledge that, upon delivery to you of the Replacement Receiver, this agreement will automatically and without any further act, thing or document (a) terminate and be at an end with respect to the Receiver that is being replaced by Bell TV ("Replaced Receiver"), and (b)apply to the Replacement Receiver without any novation occurring or being deemed to have occurred with respect to the Replacement Receiver. The term "Receiver" will, in such circumstances, be deemed to refer to the Replacement Receiver in place of the Replaced Receiver.
11. Basic Installation. Basic installation of a Bell TV satellite system includes (a) hook up of one receiver to one (main) television, (b) installation of up to 75' of RG-6 coaxial cable, (c) grounding of system to meet code, (d) system peaking for maximum performance, (e) cable routing through structure with single wall penetration, (f) weather seal connections and structure penetration, (g) connection of phone line to receiver, (h) 90 day installation warranty (i) up to a total of 3 hours labor on site, and (j) travel up to 50 km radius from retailer (additional mileage may incur extra charges). Upon entering into this agreement, you may also be required to sign an installation work order ("Work Order") for the installation work to be performed in connection with this Agreement. The work order may stipulate additional installation charges, for any additional work needed which is not covered under the terms of "Professional Basic Installation". These charges, if any, will be disclosed to you prior to signing the Work Order. You will at your cost (a) grant Bell TV and its agents safe access to your premises to install and activate the Service, (b) obtain all permits, consents and approvals for the installation, including landlord consent, and (c) pay all installation fees disclosed to you in the Work Order. See information packaged with your Agreement for more information and a description of what is included in "Professional Basic Installation" and "Additional Receiver Installation".
12. Residential Customer Agreement. The Service is subject to the Residential Customer Agreement, as amended ("RCA") available at www.bell.ca/satelliteagreements or order at 1-888-SKY-DISH, and so long as you are Subscribing to the Service, you shall comply with the RCA. The terms of this Agreement will govern and if and to the extent of any inconsistency or conflict between it and the RCA. Bell TV reserves the right to terminate the Agreement for any breach by you of this Agreement or the RCA.
13. Miscellaneous. The parties hereto expressly agree that this Agreement shall be written in the English language. Les parties aux presentes conviennent a ce que ce document soit redige 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 receivers, other than those provided under 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 TVs liability to you shall not exceed the total amount actually paid by you to Bell TV and its authorized agents for the receivers. Bell TV may from time to time communicate to you through email or other method of communication certain changes, modifications and amendments to the RCA. You expressly agree to familiarize yourself with all such communications and follow the instructions provided therein as and when required. Bell TV shall not be liable for any damage to you or your property resulting from your failure to respond to its communications. Bell TV 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 all 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. The word :including" means including without limitation.