HOW THIS SUPPLEMENTAL AGREEMENT WORKS. Subscribers purchasing a new Device from One Communications or One Communication’s authorized dealer, as applicable, and enrolling in One Communication’s minimum monthly service plan can keep a Loyalty Device Balance. If a Subscriber keeps a Loyalty Device Balance, the Subscriber pays One Communications or One Communication’s authorized dealer, as applicable, only a portion of the retail price of the Device on the day the Subscriber signs this Supplemental Agreement. The unpaid portion of the retail price of the Device is the Loyalty Device Balance. The amount a Subscriber can put on the Subscriber’s Loyalty Device Balance may vary depending on whether the Subscriber is subscribing under the Loyalty or Loyalty Premium program, the monthly service plan selected and the Device chosen. If a Subscriber changes to a monthly service plan with a lower Loyalty Device Balance the Subscriber must pay the difference between the Subscriber’s Loyalty Device Balance and the Loyalty Device Balance for the new plan. If a Subscriber changes to a monthly service plan which does not meet the minimum monthly service plan requirement for keeping a Loyalty Device Balance, the Subscriber must pay the outstanding Loyalty Device Balance to One Communications at the time the service plan is changed. In some cases, depending on the retail price of the Device, the Subscriber can put the full retail price of the Device on the Subscriber’s Loyalty Device Balance. The retail price, the portion of the price paid for the Device and the initial Loyalty Device Balance are set out in this Supplemental Agreement. The Loyalty Device Balance will decrease each month during the Commitment Period by an amount equal to the initial Loyalty Device Balance divided by the number of months in the Commitment Period. At the end of the Commitment Period the Loyalty Device Balance will reach $0 and the Subscriber will own the Device. A Subscriber can pay the Loyalty Device Balance in full at any time during the Commitment Period. The Loyalty Device Balance can only be used by the Subscriber and only one Loyalty Device Balance can be established for each Device a Subscriber activates with One Communications.

By executing this Supplemental Agreement, the Subscriber agrees to be bound by the terms stated below.

IT IS HEREBY AGREED AS FOLLOWS:

1. SUPPLEMENTAL TO THE SUBSCRIBER AGREEMENT. This Supplemental Agreement supersedes all prior agreement written between One Communications and the Subscriber and incorporates by reference the One Communications Agreement for Services. An electronic copy of the One Communications Agreement for Services can be found on our website: Services Agreement – VIYA.
2. EXPIRY OF SUPPLEMENTAL AGREEMENT. This Supplemental Agreement shall be effective as of the date stated above and shall remain in effect during the Commitment Period, after which it shall expire.
3. EARLY WITHDRAWAL OR FAILURE TO PAY. In the event the Subscriber elects to withdraw from the Services at any time during the Commitment Period or the Subscriber’s account is terminated by One Communications in accordance with the One Communications Agreement for Services, or the Subscriber fails to make payments due for Services, Subscriber must pay an amount equal to the discount off the retail price and all amounts chargeable on the account up to the time the service is cancelled.  One Communications has the right to charge interest on the outstanding balance due at the rate specified in the Agreement for Services.  In addition, One Communications will have the right to recover actual and reasonable costs of collection. In addition, to the extent permitted by applicable law, upon a Default One Communications may (a) take possession of the Device, (b) sell, lease or otherwise dispose of the Device, and/or (c) exercise all other remedies available to a secured party under the Uniform Commercial Code in effect in the state of Your billing address indicated on this Device Payment Agreement at the time it is signed or other applicable law. One Communications will give Subscriber notice of our intent to exercise our rights as required by applicable law.
4. LOSS OR DAMAGE TO DEVICE. The Subscriber acknowledges that loss of, or damage to, the Device shall not affect and shall have no consequence in respect of the Subscriber’s obligations under this Supplemental Agreement. The Subscriber will still be liable for monthly Service on a lost or damaged Device. Replacement Devices purchased from One Communications will be sold at the retail price unless the Subscriber signs a new Wireless Device Supplemental Agreement.
5. CHANGES TO TERMS. One Communications reserves the right to modify or cancel this offer at any time. One Communications will provide the Subscriber with 30 days’ prior notice if One Communications changes the terms and conditions of this Supplemental Agreement.

NOTICE IMPORTANT INFORMATION IN RESPECT OF YOUR NEW WIRELESS DEVICE

WARRANTY

Your new wireless device is warrantied by the manufacturer only.  One Communications does not offer any additional warranty.  One Communications shall not be responsible for loss of the wireless device or for repair charges incurred outside the warranty period or for any defects incurred during the warranty period that are not covered under the warranty. One Communications is not responsible for batteries or devices that are damaged because of failure to observe the correct charging procedure.

NOT COVERED UNDER THE WARRANTY

This warranty does not cover all defects or damage. This warranty does not cover the following:

1. Damage resulting from improper use, accident, or neglect.
2. Damage from improper testing and/or operation, unauthorized maintenance and/or installation, adjustment, disassembling, or any
   alteration or modification of any kind. NOTE: face plate changes void the warranty.
3. Defects or damage occurring to devices whose serial numbers have been removed or made illegible.
4. Damage caused by food or liquid.

Damage (including scratching to plastic or metallic surfaces, and all other externally exposed parts) caused as the result of normal wear and tear.