User`s guide
67
CBLE CONTRCT
1. DEFINITIONS
For purposes of this agreement, the following definitions apply:
1.1 Effective Date
– Commencement date of the Services supplied by Vidéotron to the customer, which cor-
responds to the activation date of the Services, and in the case of additional Services, the date on which
Vidéotron activates such additional services.
1.2 Equipment
– Refers to equipment rented or sold to the customer by Vidéotron or one of its authorized
retailers, such as the decoder, Videoway terminal or digital terminal as well as their accessories such as remote
controls and keyboards.
1.3 Minimum Charges
– Charges payable by the customer to subscribe to the Services for the minimum
subscription period selected.
1.4 Services
– The services offered to the customer by Vidéotron such as more fully described in paragraphs
2.1 through to 2.3 of this agreement.
1.5 Specifications
–
The specifications related to the Services and Equipment required by the customer and sup-
plied by Vidéotron, which specifications are detailed on the account statement sent to the customer by Vidéotron.
2. PURPOSE
2.1 Services
– Subject to the terms and conditions of this agreement, Vidéotron ltée, Vidéotron (Régional)
ltée or CF Cable TV inc. (individually, in accordance with their respective offerings, "Vidéotron") undertakes to
supply the following Services to the customer:
2.1.1
cable distribution and interactive capability;
2.1.2
rental or, where applicable, sale of the Equipment.
2.2 Additional Services
– Vidéotron also undertakes to supply to the customer any other Service, rental or
sale of additional equipment which, if required by the customer, shall be governed by the terms and condi-
tions set out in this agreement (the "Additional Services").
2.3 Support Services
– Vidéotron also undertakes to supply technical support, maintenance and repair ser-
vice to allow the customer to enjoy the Services and use the Equipment supplied by Vidéotron (the "Support
Services"). Any services related to the Equipment which are not covered by this agreement are specifically
excluded from the Support Services.
2.4 Installation Service
– Vidéotron undertakes to supply the following installation services: connection,
installation, reconnection following an interruption of the Services, installation of additional outlets and reloca-
tion of the existing outlets (the "Installation Services").
2.5 Vidéotron’s obligations
– The customer expressly acknowledges that where the Services are con-
cerned, Vidéotron’s obligations are limited to distributing the programs it receives or produces depending on
the category of cable distribution services outlined in the Specifications. However, Vidéotron is not responsi-
ble for the content of the programs it receives or produces, the whole as stipulated in paragraph 8.2 of this
agreement.
2.6 Customer’s account payment
– Payment of account by the customer constitutes confirmation that the
Specifications in the statement comply with the agreement between the customer and Vidéotron.
2.7 Minimum Services
– Vidéotron reserves the right, as a condition of its provision of Services, to demand
that the customer buy and maintain a minimum level of Service whose content may be established from time
to time by Vidéotron based on regulatory requirements and Vidéotron’s policies.
3. PAYMENT OF SERVICES
3.1 Payment of Services
– Starting on the Effective Date, in consideration of the provision of Services to
the customer in accordance with the Specifications, the customer undertakes to pay Vidéotron the amount
representing the minimum charges indicated on the account statement. Likewise, the customer undertakes
to pay Vidéotron the charges for using "pay-per-view" services from time to time (movies, Video On Demand).
The customer also undertakes to pay Vidéotron any other charges related to additional Services required from
time to time by the customer in accordance with paragraph 2.2, the charges related to Support Services
described in paragraph 2.3 and the charges related to the Installation Services set out in paragraph 2.4. These
charges and rates may from time to time be modified by Vidéotron in accordance with paragraph 3.7 below.
The list of Vidéotron charges and rates currently in force is available by request to customer service.
3.2 Taxes
– All applicable taxes are in addition to the charges and rates described in paragraph 3.1.
3.3 Billing
– The charges are payable on the due date indicated on the account statement sent to the cus-
tomer (by mail or electronically), by authorized payment debited from the customer’s account or by pre-autho-
rized payment charged to the customer’s credit card. If the charges remain unpaid more than thirty (30) days
following the due date, they shall bear interest at the rate of 1.5% per month (19.56% per annum) calculated
and compounded daily as of the due date. As long as charges remain unpaid, Vidéotron shall issue a state-
ment of account on a monthly basis. Any partial payment made by the customer will first be applied to the
interest accrued, then the unpaid capital, starting with the overdue amounts whose due date is the earliest with
respect to the payment date.
3.4 Minimum charges
– The minimum charges related to the Services are billed in advance for the Services
to be supplied to the customer, the whole in accordance with the Specifications. The charges payable for the
provision of Services for a portion of period shall be prorated to the number of days of availability of Services
to the customer in relation to the total number of days included in this period. Advance payment on a basis
other than monthly is merely a method of payment and does not grant the customer any advantage whatso-
ever or protection against any rate increase applicable to any portion of the period for which the customer’s
last payment was received. However, this paragraph 3.4does not apply to the charges, rates and terms of
payment applicable during certain sales promotion.
3.5 Additional charges
– Administration charges shall be billed to the customer for any cheque returned
due to insufficient funds, for each pre-authorized payment refused by the customer’s financial institution or for
any debit on the customer’s credit card not authorized by the issuing institution.
3.6 Credit file
– The customer authorises Vidéotron to check his or her credit with the relevant institutions,
the whole in accordance with the provisions of paragraph 11.2 of this agreement. If, in Vidéotron’s opinion,
the customer represents a financial risk, Vidéotron may demand advance payment for certain services or any
other guarantee it deems reasonable. The customer has disclosed any material fact or information regarding
his or her financial situation which might alter his or her ability to fulfill the commitments contracted under this
agreement.
3.7 Modifications
– Vidéotron may, upon prior notice of at least thirty (30) days to that effect transmitted by
mail to the customer, modify the Services or any other provision of this agreement, including the charges and
rates stipulated in paragraph 3.1. However, no prior notice shall be required with regard to a modification of
the Services if Vidéotron’s service offerings remain similar and have no impact on the charges payable by the
customer. It is expressly understood that certain services, or their replacement by other similar services, are
offered as part of a package deal and that changes to these services does not necessarily entail an adjust-
ment of the charges and rates stipulated in paragraph 3.1. By settling the statement of account accompany-
ing any notice of modification to this agreement, the customer is irrevocably presumed to have accepted the
modification. However, the customer may, within a period of thirty (30) days, cancel this agreement or request
that it be modified in the manner provided in paragraph 10.4 below, failing which the customer shall irrevoca-
bly be presumed to have accepted the modifications covered by the notice.
3.8 Overdue account
– In the event (i) the account sent by Vidéotron to the customer falls overdue or (ii) the
customer fails to comply with the provisions of this agreement, Vidéotron may refuse to supply the customer
with any additional Service or support Service pending complete payment of the overdue account and inter-
rupt the Services in accordance with the provisions of paragraph 10.7 of this agreement.
3.9 Overpayment
– Any overpayment by the customer shall be applied to the next account statement. In
the event there remains an overpayment and Vidéotron ceases to supply Services to the customer and said
customer does not owe Vidéotron any amount, Vidéotron shall reimburse the customer within forty-five (45)
days of the termination of Services.
4. CUSTOMER’S OBLIGATIONS
4.1 Equipment
– Following delivery of the Equipment, the customer undertakes to notify Vidéotron promptly
of any defect, failing which the customer shall be deemed to have received the Equipment in good repair and
working condition. Furthermore, in the event the customer has not received the Equipment within ten (10) busi-
ness days following the order for the Equipment from the customer to Vidéotron, the customer undertakes to
notify Vidéotron accordingly.
4.2 Use of Equipment
– The customer shall use the rented Equipment with care, caution and diligence. He
or she also undertakes to comply with the instruction manual supplied by Vidéotron, where applicable, and
any instructions or requirements of Vidéotron regarding the rented Equipment. Moreover, the customer may
not modify or alter the rented Equipment.
4.3 Compliance with the rules for using Vidéotron’s Internet service
– When using the interactive ser-
vice that includes Internet access, the customer undertakes to comply with the rules for acceptable use of the
Internet. Vidéotron may, following notice to the customer at Vidéotron’s Messaging Address, immediately inter-
rupt the Internet access service to which the customer subscribes if Vidéotron deems that the customer uses
the Vidéotron account to engage in one of the following activities:
a)
Transmission or promotion of unsolicited messages ("spam");
b)
Transmission of chain e-mail letters or pyramid schemes;
c)
Uploading or downloading, recovery or storage of any information, data or material of a libellous or
obscene nature, containing hate literature, child pornography, or invading privacy. d) Transmission of any
file or document containing a "worm" or "Trojan horse," or any other element of a destructive nature.
4.4 Prohibition
– The customer may not connect the Equipment to a number of TV sets or receivers greater
than the number indicated in the specifications or proceed to install additional outlets, failing which the cus-
tomer shall be liable to civil and criminal sanctions. The Equipment may not be transported to a location other
than that mentioned in the Specifications, without prior written authorization of Vidéotron.
The law forbids receipt of services or portion of services without having paid for them, except with the per-
mission of Vidéotron. Any departure from the law may lead to civil or criminal sanctions.
4.5 Access to the customer’s residence
– The customer undertakes, to the extent reasonable, to allow
free access to a duly authorized Vidéotron representative, during business hours, to the premises where the
Services are provided to the customer and where the Equipment is located for purposes of ensuring compli-
ance with the customer’s obligations under this agreement.
4.6 Equipment owned by the customer
– The customer acknowledges being in possession of the entire
video or audio system needed to meet the minimum requirements related to the use of the Services and rent-
ed Equipment. Thus, in the event Support Services are supplied by Vidéotron to the customer and result from
a defect of the video system owned by the customer or the said video or audio system fails to meet the min-
imum necessary requirements, additional Support Services charges may be billed to the customer by
Vidéotron.
5. CUSTOMER’S RESPONSIBILITIES
5.1 Loss of Equipment
– In case of loss of Equipment rented by the customer in accordance
with the Specifications or breakage rendering the Equipment unusable, even if this loss or damage is the
result of force majeure or a cause outside the customer’s control, the customer agrees to pay Vidéotron, as
liquidated damages, one or more of the following amounts (taxes included) :
Videoway terminal remote control: twenty-nine dollars ($29)
Digital terminal remote control: twenty-nine dollars ($29)
Digital terminal keyboard: forty-five dollars and ninety-six cents ($45.96)
Cable converter: twenty-five dollars ($25)
Decoder: fifty dollars ($50)
Videoway terminal: one hundred dollars ($100)
Standard digital terminal : three hundred and fifty dollars ($350)
Personnal Video Recorder : seven hundred and fifty dollars ($750)
VIDÉOTRON SUBSCRIPTION AND RENTAL AGREEMENT TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY:
IT CONTAINS THE TERMS AND CONDITIONS GOVERNING THE VIDÉOTRON SERVICE PROVIDED TO VIDÉOTRON CUSTOMERS.
IN CASES WHERE SERVICES SUPPLIED BY VIDÉOTRON ARE GOVERNED BY THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ("CRTC") AND
THERE ARE DISCREPANCIES BETWEEN THE PROVISIONS HEREIN AND THE CRTC RULES, THE LATTER SHALL PREVAIL.
BY REQUESTING ACTIVATION OF VIDÉOTRON’S CABLE BROADCASTING SERVICES, YOU ACKNOWLEDGE HAVING READ THIS AGREEMENT AND AGREE TO BE BOUND BY
ALL THE PROVISIONS THEREIN.