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Fido Terms & Conditions

Website Terms and Conditions

Fido Service Terms and Conditions

Fido Terms and Conditions



Fido Terms and Conditions

The following terms and conditions of service (these “Terms”) govern your use of the Services. Your service agreement (as may be amended) any Fido brochure or online material describing the plans, features, services or products you have subscribed to or purchased, any applicable user guides that are currently in effect, and any other materials incorporated by reference (collectively, the “Materials”) together with these Terms constitute our agreement with you (“Agreement”). You may have more than one Agreement with us. If there is any inconsistency between the Materials and these Terms, these Terms will prevail.

Throughout this document:

  • Commitment Period means a committed period of time, as indicated on an Agreement;
  • Equipment means any device, equipment or hardware used to access the Services (as defined below) or used in conjunction with the Services, including any SIM (Subscriber Identity Module) card;
  • Month-to-Month Services means any Services that you subscribe to on an ongoing basis, but not with a Commitment Period (as defined below);
  • Pay-Per-Use Services means any Services that you receive from Fido on a per-usage basis (which may be a one-time usage, or usage for a set period of time, such as one day or one week), but not on an ongoing basis;
  • Residents of Newfoundland means residents of Newfoundland and Labrador who enter into an Agreement to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies;
  • Residents of Québec means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
  • Service or Services means the services provided through Fido’s wireless network and other services that you subscribe to or purchase under an Agreement or receive from or through Fido;
  • Term Services means any Services that you subscribe to for a Commitment period; and
  • us, we, our and Fido means Fido Solutions, operated by Rogers Communications Partnership.

Your account information may, from time to time, be disclosed to Fido’s affiliates, including other members of the Rogers Communications Inc. organization and to our agents and dealers in order to service your account, respond to your questions and telemarket (including by way of automatic dialing and announcing devices) and promote additional products and services offered by Fido and the other members of the Rogers organization that may interest you. If you do not wish to receive offers or information from or related to Fido and related Rogers entities, please contact our Customer Service at 1-888-481-3436.

Unless otherwise specified in an Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you: a) with respect to a Month-to-Month Service, any charges, features, content, functionality, structure or any other aspects of the Month-to-Month Service, as well as any term or provision of the Agreement for that Month-to-Month Service, and b) with respect to a Term Service, any charges, features, content, functionality, structure or any other aspects of the Term Service, as well as any term or provision of the Agreement for that Term Service, other than a Key Term (as defined below), unless the change benefits you. The written notice will be provided to you by bill message, text message, letter or e-mail and will explain the amendment and when it will take effect.

A “Key Term” means (i) the services included in the Term Service and any limits on the use of those services, (ii) the minimum monthly charge for the Term Service, (iii) the Commitment Period of the Term Service, (iv) the Early Cancellation Fee (as defined below) amount and calculation as set out in the Agreement for that Term Service, and (v) the Device Unlock Fee as set out in your Agreement for that Term Service. Pay-Per-Use Services are subject to availability, and the pricing and nature of any Pay-Per-Use Service may be changed or terminated by Fido at any time without prior notice to you.

By entering into an Agreement, you:

  • authorize Fido to obtain information about your credit history and agree that Fido may provide information to others about your credit experience with Fido;
  • accept all provisions of the Agreement, including those set forth in the Materials and these Terms;
  • agree to cause all persons who use Services under your account or with your authorization to comply with the Agreement;
  • acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
  • acknowledge that you have received and had the opportunity to review a copy of the Agreement, including the Materials and these Terms;
  • confirm that the information you have provided to us is up-to-date and accurate; and
  • agree to notify us of any change in your information.
Charges; Account and Payment Information
  1. Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier (the “Activation Date”).
  2. Unless otherwise agreed to by you and us, we will bill you monthly. We may bill you, however, for a charge up to 6 months from the date the charge was incurred. You acknowledge that you may be given an account number so that you will receive one invoice for all your Fido accounts.
  3. You are liable for all charges to your account. Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.
  4. If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 2% per month, calculated and compounded monthly on the delinquent amount (26.82% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
  5. Not applicable to Residents of Québec: Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following:
    • 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;
    • change of any price plan;
    • change of any identifier (e.g., phone number); and/or
    • the restoral of Service.
    A list of such charges is available on request, or at http://www.fido.ca/charges, and is incorporated into these Terms by reference.
  6. Applicable only to Residents of Québec: Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the change of any price plan or identifier (e.g., phone number). A list of such charges is available on request, or at http://www.fido.ca/charges, and is incorporated into these Terms by reference.
  7. When roaming off Fido’s facilities or networks, you will be responsible for all applicable Fido charges and will be subject to the limitations or conditions of service of the service provider of such roaming services.
  8. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges.
  9. Unless otherwise set out in the Materials, if you agree to subscribe to any Term Services, you may be subject to an early cancellation fee, as described in an Agreement (“Early Cancellation Fee”), for the early cancellation of your Term Service prior to the end of the applicable Commitment Period. Any decrease in your Commitment Period may be subject to a fee. If your Term Service is terminated prior to the end of the Commitment Period, you will pay us an Early Cancellation Fee as specified in your Agreement for that Term Service, plus taxes.
  10. If you are receiving any benefit as a result of your relationship with a third party (e.g., your employer), we may verify such relationship. If you become ineligible to receive such benefit for any reason (e.g., your employment is terminated or your employer becomes ineligible to receive the benefit), we reserve the right to transfer your Service to an alternate Service plan, as determined by us in our sole discretion.
  11. Changes to your account (e.g., monthly airtime plan, options or identifiers) may not take effect until after your next billing date.

Credit Requirements

  1. Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts, if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.

Identifiers

  1. You do not own any identifier (e.g., telephone, account or PIN number; e-mail, IP or Web page address; access code, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.

Policies and Acceptable Use

  1. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. We will provide you with notice of the Policies and of changes to the Policies. Our Acceptable Use Policy accompanies these Terms. It is also available at www.fido.ca/terms. In addition, when using certain other services, you may be subject to additional terms (which may be posted from time to time) applicable to such services and which may be incorporated by reference into an Agreement.
  2. You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.

Your Content

  1. You grant us the following world-wide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:
    • With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
    • With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.
      “Publicly accessible” areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.
  2. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with an Agreement or any Policies, or protect ourselves, our customers or the public. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of an Agreement.

Equipment

  1. You must immediately notify us, at any of the points of contact specified in these Terms, if your Equipment is lost, stolen or destroyed. You are responsible for the cost of replacing your Equipment. If you then wish to terminate your Term Services, your obligations under the Agreement for those Term Services, including any Early Cancellation Fee, will apply.
  2. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g., 9-1-1 services). Such requirements may be changed from time to time at our sole discretion. 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.

Software and Content

  1. Any software, content (including, without limitation, ring tones, full music tracks, graphics, video clips, applications and games) and/or accompanying documentation that we provide or sell to you or that you receive or purchase through Fido or our third party storefronts is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage. Such software or content may from time to time automatically and, without notice to you, cause your Equipment to access the Internet incurring data usage and/or overage charges. You must review and agree to any applicable end user licence agreement of Fido, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Agreement.

No Warranties

  1. You acknowledge and understand that the Services or access to the Services, 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 Fido’s requirements;
    • if you install certain third party applications on your Equipment;
    • in the event of a network outage or extended power failure;
    • if you tamper with or, in some cases, move the Equipment; or
    • following suspension or termination of your Services or account.
  2. Neither Fido nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, “Fido Parties”) are responsible or liable to you for any software, content, products or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content, products or services or anything that is or can be done with such software, content, products or services even if you are billed for such software, content, products or services. Fido may limit the amount of software, content products or services that you may purchase. All such software, content, products or services is accessed or transmitted solely at your own risk.
  3. Not applicable to Residents of Québec: To the maximum extent permitted by applicable law:
    • the Fido 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, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
    • you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
    • the Fido 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 Fido Parties creates any term, condition, representation or warranty not expressly stated in an Agreement.

      You are solely responsible for the following matters:
    • maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
    • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
  4. Applicable only to Residents of Québec: To the maximum extent permitted by law:
    • the Fido Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
    • you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
    • the Fido 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.

      You are solely responsible for the following matters:
    • maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
    • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
Limitations of Liability
  1. Not applicable to Residents of Québec: Unless otherwise specifically set out in an Agreement, to the maximum extent permitted by applicable law, the Fido Parties will not be liable to you or to any third party for:
    • 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 from or relating 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;
    • the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
    • any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
    • 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.
      These limits are in addition to any other limits on the Fido Parties’ liability set out elsewhere in an Agreement and apply to any act or omission of the Fido 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.
  2. Applicable only to Residents of Québec: Unless otherwise specifically set out in an Agreement, and except for damages resulting from a Fido Party’s own act, the Fido Parties will not be liable to you or to any third party for:
    • any 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 or property damage) resulting or relating directly or indirectly from or relating to the Offering;
    • the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
    • the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
    • any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
    • 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.

Limits on Fido’s Liability for 9-1-1 Emergency Services Provided on a Mandatory Basis

  1. In respect of the provision of 9-1-1 emergency services available through the wireless Services on a mandatory basis, we are not liable for:
    • libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our network from your property or premises or recorded by your equipment or our equipment;
    • damages arising out of your act, default, neglect or omission in the use or operation of equipment provided by us;
    • damages arising out of the transmission of material or messages over our network on your behalf, which is in any way unlawful; or
    • any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your facilities and equipment.

    Except in cases where negligence on our part results in physical injury, death or damage to your property or premises, our liability for negligence related to the provision of 9-1-1 emergency services on a mandatory basis is limited to the greater of $20 and 3 times the amount, if any, you would otherwise be entitled to receive as a refund for the provision of defective Service under an Agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anticompetitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.

Limits on Fido’s Liability Relating to Phone Number Listing

  1. Fido and the local exchange carriers furnishing directory listing services to Fido will not be held liable for any errors or omissions in the directory listing of your phone number made by Fido or such local exchange carriers, due to negligence or otherwise, whether or not the errors or omissions are with regards to your name, address, telephone number or any proprietary rights used in connection thereto.

Indemnification

  1. You will indemnify and hold harmless the Fido Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Fido Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.

Privacy and Confidentiality of Your Information

  1. Our corporate and online Privacy Policies are available at www.fido.ca/terms. To contact our Privacy Officer in order to access, or obtain more information about, your personal information held by Fido, make a privacy-related complaint, or obtain a copy of our Privacy Policies: e-mail us at privacy@fido.ca; or write to Chief Privacy Officer, Fido Solutions, 333 Bloor Street East, Toronto, Ontario, M4W 1G9. Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

    Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you kept by us, other than your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:
    • you;
    • a person who, in our reasonable judgment, is seeking the information as your agent;
    • another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
    • a company involved in supplying you with telephone or telephone-directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
    • an agent retained by us in the collection of your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
    • an agent retained by us to evaluate your creditworthiness, provided the information is required for and is to be used only for that purpose;
    • a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
    • a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

      Express consent to disclosure may be obtained as follows:
    • by written consent;
    • by oral confirmation verified by an independent third party;
    • by electronic confirmation through the use of a toll-free number;
    • by electronic confirmation via the Internet;
    • by oral consent, where an audio recording of the consent is retained by us; or
    • by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

Term; Suspension; Termination

  1. The term of an Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of that Agreement or applicable law. At the end of your Commitment Period, your Service will automatically default to an indefinite term. Fido may contact you at any time to propose a renewal of your Commitment Period. If you do not wish to renew your Commitment Period, you will retain your monthly plan and continue to be governed by these Terms until those are changed or terminated in accordance with the terms of that Agreement.
  2. Not applicable to Residents of Newfoundland and Residents of Québec:
    Unless otherwise permitted by applicable law:
    • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Fido at the appropriate points of contact specified in these Terms; and
    • Fido may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 30 days’ advance notice to you at your billing address.
  3. Applicable only to Residents of Newfoundland:
    Unless otherwise permitted by applicable law:
    • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Fido at the appropriate points of contact specified in these Terms;
    • Fido may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to an Agreement, including one of the events of default described in Section 36 below;
    • if you have subscribed to a Term Service, then we may terminate such Service only if you are in default of your obligations under the Agreement for that Term Service or we no longer have the technical ability to provide that Term Service; and
    • if your account has a credit balance over $10 on your final invoice, then we will refund that balance to you within 60 days of the date of that invoice. Discretionary credits will not be refunded.
  4. Applicable only to Residents of Quebéc:
    Unless otherwise permitted by applicable law:
    • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Fido at the appropriate points of contact specified in these Terms;
    • Fido may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to an Agreement, including one of the events of default described in Section 36 below; and
    • if you have subscribed to a Term Service, then we may terminate such Service only if you are in default of your obligations hereunder, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.
  5. If you terminate any Services, cancellation takes effect on the day that Fido receives notice of the cancellation. Applicable charges continue to apply until that date. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s), and an Early Cancellation Fee may apply as set out in Section 9.
  6. In addition to our rights to terminate your Services pursuant to Sections 32, 33 and 34, to the extent permitted by applicable law, we may restrict, block, suspend, disconnect or terminate any or all of your Services or accounts, including 9-1-1 service, or identifiers in any way, without notice or liability to you, if:
    • you are in breach of an Agreement, including non-payment of your charges or non-compliance with any Policies;
    • you do not maintain Service usage within the prescribed credit limit;
    • you fail to provide or maintain a reasonable security deposit or alternative when requested to do so by us;
    • you agree to a deferred payment plan with us and fail to comply with the terms of the plan;
    • you exceed reasonable usage limits, as determined by us;
    • you have given us false, misleading or outdated information;
    • we reasonably suspect or determine that any of your account, identifiers, Services or Equipment is 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;
    • any account or service on which your Services depend is terminated for any reason; or
    • we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
  7. If we restrict, suspend, block, disconnect or terminate your Services or accounts:
    • you must pay any amounts owing;
    • we may also suspend, block, disconnect or terminate, without notice or liability, your Services under any other agreement or account that you may have with us or a Fido affiliate (including accounts that may be in good standing);
    • you may be charged for any costs incurred by us or any Fido affiliate in connection with your breach of these Terms, including costs incurred to enforce your compliance;
    • your access to emergency or special needs services (e.g., 9-1-1) may also be restricted, suspended, blocked or terminated; and
    • your rates for services with Fido affiliates may change in accordance with the terms of those services.

Arbitration

  1. Not applicable to Residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
    • an Agreement;
    • the Services or Equipment;
    • oral or written statements, advertisements or promotions relating to an Agreement, the Services or Equipment; or
    • the relationships that result from an Agreement.
  2. Not applicable to Residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by 1 arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Fido will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol, which is available at www.fido.ca/terms.

Intellectual Property

  1. All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by, Fido. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the Fido Legal Department.

Entire Agreement

  1. An Agreement, as amended from time to time, constitutes the entire agreement between you and Fido for the Services subscribed to under that Agreement and supersedes all prior agreements, written or oral, with respect to the same subject matter. These Terms cannot be changed by you. The following provision does not apply to Residents of Québec: No sales representative, dealer, agent, officer or employee of Fido has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification.

General

  1. The respective obligations of the entities that may be defined as Fido in an Agreement are several and not joint. If any portion of an Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of an Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of an Agreement. An Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Fido’s respective successors and assigns. You may not assign or transfer an Agreement without our prior consent. We may assign or transfer an Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 9, 21-30 and 32-43 survive termination of an Agreement. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

Governing Law

  1. An Agreement is governed exclusively by the laws of the province in which your billing address is located and you submit to the exclusive jurisdiction of the courts of such province, but if your billing address is outside of Canada, that Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province.

Fido Prepaid Services

  1. The following additional terms apply to Fido prepaid services:
    • you can check your usage balance from your Fido prepaid device by calling *611 (it’s a free call);
    • deposits into your account for Fido prepaid services are non-refundable;
    • if you are entitled to a credit to your account, the credit will be valid only for a certain specified period following the initial activation of your Equipment to Fido prepaid services;
    • we will deduct a 9-1-1 Emergency Access Fee for the provision of access to 9-1-1 service and any applicable 9-1-1 provincial government fee, once per month from your account (there is no airtime charge for calls made from your wireless device to 9-1-1); and
    • if your account balance remains at 0 for 6 consecutive months or if required payments toward your account are not made or are returned, for any reason, your wireless identifier (e.g., telephone number or PIN number) will be deactivated.

How to Contact Us

  1. To contact Fido regarding the Services: call 1-888-481-3436 or, from your wireless phone, call 611, free of charge; go online at www.fido.ca/contactus to use our live chat and for more options; send an e-mail to message.web@fidomobile.ca; send a fax to 1-888-290-3436;or write to Fido Customer Service, 800 De La Gauchetière Street West, Suite 4000, Montréal, Québec H5A 1K3.
  2. Any notice of a claim must be given to the Fido Legal Department, 800 De La Gauchetière Street West, Suite 4000, Montréal, Québec H5A 1K3.
  3. Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
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