PowerUp Plan Terms & Conditions
NOTE: at any one time a maximum of two (2) lines on Installment Plans is allowed per Subscriber Account.
WHEREAS by executing this Installment Agreement, the Subscriber agrees to be bound by the terms stated below.
IT IS HEREBY AGREED AS FOLLOWS:
1. SUPPLEMENTAL TO THE STANDARD SUBSCRIBER AGREEMENT. This Installment Agreement is supplemental to the Standard Subscriber Agreement (the “Standard Agreement”) currently in effect between the Subscriber and One Communications for the provision by One Communications of Services to the Subscriber. It is agreed that this Installment Agreement shall be governed by the General Terms and Conditions applicable to the Standard Agreement as well as the terms applicable hereto. In the case of conflict, the terms of this Installment Agreement shall apply.
2. EXPIRY OF INSTALLMENT AGREEMENT. This Installment Agreement shall be effective as of the date stated above and shall remain in effect for the Installment Commitment Period, after which it shall expire. Upon expiry, One Communications acknowledges that the Subscriber shall bear no further obligation in respect of the Penalty Price. Customer acknowledges and agrees that any Services provided by One Communications following termination of this Agreement will remain subject to the terms and conditions of the Standard Agreement, including any fees or penalties applicable for termination of the Services.
3. EARLY WITHDRAWAL. In the event the Subscriber elects to withdraw from the Installment Plan or discontinue Services at any time during the Installment Commitment Period the Subscriber agrees to pay to One Communications in a lump sum on demand the equivalent of all remaining Monthly Installment Payment Amounts due till the end of the Installment Commitment Period. If the Subscriber’s account is terminated by One Communications in accordance with paragraph (8), referenced “Default and Remedies”, of the General Terms and Conditions of the Standard Agreement, the Subscriber will be charged the Penalty Price and agrees to pay this Price and all applicable fees under the Standard Agreement on demand to One Communications. Such Penalty Price will be paid in lieu of any and all remaining Monthly Installment Payment Amounts due till the end of the Installment Commitment Period.
4. DEVICE UPGRADES. The Subscriber is permitted to upgrade to a new device at any time during the Installment Commitment Period if the Subscriber has paid as a minimum the total equivalent of eighteen (18) Monthly Installment Payment Amounts at the time of purchasing the new device either in the form of Monthly Installment Payment Amounts for the old device or the combination of Monthly Installment Payment Amounts plus a lump sum payment. Such new device may only be purchased either on a new Installment Plan or on a minimum 2 year service commitment contract as described by One Communications’s Discounted Wireless Device Supplemental Agreement.
5. LOSS OR DAMAGE TO DEVICE. The Subscriber acknowledges that loss of, or damage to the device described above shall not affect and shall have no consequence in respect of the Subscribers obligations under this Installment Agreement or the Standard Agreement. Replacement devices purchased from One Communications will be sold at the no-contract price in effect when the replacement device is purchased or the Subscriber can elect to purchase a replacement device as described under Device Upgrades above.
AGREEING TO BE LEGALLY BOUND, the Subscriber hereto has executed this Installment Agreement on the date first above written. This Installment Agreement and the Standard Agreement shall form the contractual relationship between the parties and together shall supersede any other prior agreement between One Communications and the Subscriber.