Terms and Conditions

OpenMobile Terms and Conditions

The current Terms and Conditions apply to each and all OpenMobile subscribers. The following words and expressions in this part when they appear in this Agreement or within any related document and unless the context or the text clearly indicates otherwise have the following meaning:

  • Customer, you, your – refers to the person or organization subscribed to the OpenMobile Services;
  • OpenMobile, we, us, our – refers to OpenMobile Inc.;
  • Service(s) – refers to telecommunications Services provided by OpenMobile.

YOU MUST BE AT LEAST 19 YEARS OF AGE TO SUBSCRIBE OR USE OPENMOBILE SERVICES.

1. Term

1.1 Services are offered on a monthly basis or subject to a commitment term as agreed by entering into a Service Agreement. Subsequent terms of the Agreement will be renewed automatically on a monthly basis at the existing rates unless you provide us with written notice of non-renewal. If you agreed to a commitment of 12 months or longer, we will notify you 90 days before the expiry of your Service Agreement.

2. Reasonable Use

2.1 You may use the Services only for your own lawful purposes. We may from time to time set out use policies and guidelines for the use of Services. Services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks, or otherwise objectionable material of any kind. This includes but is not limited to any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national, or international law.

2.2 We have built our network around sustaining high-speed data services; however, in times of network congestion, to ensure the best service experience for the majority of our customers, we reserve the right to prioritize the allocation of network resources to customers whose usage is below 10GB in a given month for home network locations or below 6GB while roaming outside the OpenMobile home network. There may be other factors such as weather, signal strength, device capabilities, technical limitations, or outages that could affect your data speed.

2.3 You must note that the service is provided for regular commercial and/or residential use only and we reserve the right to suspend or terminate the service if you are in breach of any use policies.

3. Loaner Devices

3.1 Loaner Devices may be available to customers electing month-to-month Home Phone or Internet Services. Home Phone & Internet Services facilitate the use of traditional wireless SIM Cards via cordless devices. From the date on which you receive the Loaner Device through the return date, title to the Loaner Device shall at all times remain vested in OpenMobile.

3.2 You must take reasonable and prudent precautions to protect the Loaner Device against damage, loss, or abuse while in your care, custody, and control. If the Loaner Device is lost, stolen, or damaged, you must notify us immediately. Only OpenMobile may service the Loaner Device. You are responsible for repair or replacement costs if the Loaner Device is lost, damaged, or stolen while on loan.

3.3 You must return the Loaner Device within 30 days of your Service termination in working condition, undamaged, and including the original packaging and accessories received at the time of shipment or activation. Failure to return a Loaner Device will result in charging your account with the purchase value of the device.

3.4 You understand that before returning the Loaner Device, you must remove all your personal and confidential data. OpenMobile shall not be held liable for any files or data on the Loaner Device after its return.

4. Billing

4.1 You will receive an invoice within the first week of each month for the current month's recurring charges and the usage charges incurred in the previous billing cycle. Invoices are due on the fifteenth day of the same month. Recurring charges are pro-rated from the service activation date until the end of the month. All rates are tax exclusive and any applicable tax will be indicated on the OpenMobile invoice. If you are exempted from payment of such taxes, then you must provide an original government-issued certificate attesting to tax-exempt status.

4.2 A late payment charge applies when payment has not been received fifteen (15) days after the invoice date. This charge is a monthly compound rate of 1.5%.

4.3 Billing disputes must be reported to Customer Care/Billing Department (cs@openmobile.ca) within 15 days of the invoice date or any such dispute may be deemed waived. It is your responsibility to verify the content of the invoices and report any errors or inconsistencies regarding the recurring and non-recurring charges billed therein. Recurring charges billed erroneously or overbilled will be credited the excess incurred within the previous 90 days of service. Non-recurring charges, including but not limited to usage charges billed erroneously or overbilled, will be credited the excess incurred provided that a dispute has been received within 15 days of the invoice date.

5. Payments

5.1 OpenMobile accepts the following payment methods:

  • Credit card withdrawals
  • Online/Telephone Banking
  • Checks
  • Pre-authorized Payments

Your use of Services after having submitted credit card information