User`s guide

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CBLE CONTRCT (CONTINUED)
6. EQUIPMENT OWNERSHIP
6.1 Rented Equipment
– It is expressly understood between the parties that Vidéotron remains the owner
of any rented Equipment and that such equipment remains the sole and entire property of Vidéotron.
6.2 Sold Equipment – Subject, where applicable, to the provisions of the Consumer Protection Act
(Quebec), any sale of Equipment to the customer by Vidéotron is final. No refund or exchange shall be made
without Vidéotron’s consent.
7. WARRANTY
7.1 Defect – Any Equipment sold to the customer is guaranteed against any manufacturing defect for a peri-
od of one (1) year for parts and labour. The term of the warranty is calculated as of the date of purchase of
the Equipment. Vidéotron shall replace any defective Equipment in accordance with the terms of the warran-
ty, provided the customer notifies Vidéotron of the defect within the warranty period. Notwithstanding the fore-
going, the warranty does not apply to any breakage or defect resulting from accidents or force majeure, mod-
ifications to the Equipment without Vidéotron’s authorization, or improper or abusive use of the Equipment. In
case of defective Equipment, the customer undertakes to notify Vidéotron promptly so that a duly authorized
representative of Vidéotron or person authorized by Vidéotron can make the necessary repairs.
7.2 No representation or guarantee – Vidéotron makes no representations or guarantees, express or
implicit, regarding the Services and Equipment, beyond its obligations under this agreement. The Services and
Equipment are supplied "as is" and contingent on availability.
7.3 Exclusions – Without limiting the generality of the foregoing, Vidéotron does not guarantee i) uninter-
rupted functioning of the Services or their hardware components; ii) that the Services meet the customer’s
needs, nor does Vidéotron guarantee the performance, uninterrupted use or functioning of the Service and,
where applicable, that all functional problems can be resolved.
7.4 Other exclusions – Vidéotron makes no declaration concerning the Services and Equipment supplied
under this agreement. All declarations, guarantees or conditions of any nature whatsoever, express or implic-
it, are hereby excluded to the extent permitted by the applicable laws.
8. LIMITATION OF RESPONSIBILITY
8.1 Obligations of Vidéotron
– Vidéotron shall fulfill its obligations under this agreement with diligence and
to the best of its ability.
8.2 Exclusions – Except in cases of gross or intentional negligence on its part, Vidéotron is not responsible
vis-à-vis the customer or any other individual, for damages it or persons under its control may cause the cus-
tomer, regardless of their nature. Without limiting the generality of the foregoing, Vidéotron is not responsible
for material loss resulting from the content, use, validity or quality of the programs it produces or distributes via
the Services or for a breakdown of Services. Should Vidéotron nonetheless be found responsible for a loss
or damage of any nature whatsoever, its liability shall be limited to crediting the customer an amount equal to
the monthly charges payable by the customer for a maximum period of one month.
8.3 Interruption of Services – Notwithstanding paragraph 8.2, in case of interruption of the Services
attributable to any cause whatsoever other than the customer’s fault, Vidéotron’s liability is limited to crediting,
upon written request of the customer, the minimum charges proportionally to the duration of the interruption in
relation to the total period for which the customer must pay minimum charges, calculated on an hourly basis,
provided the following conditions are met: i) the customer has notified Vidéotron in writing; ii) for the Services
other than pay-per-view, the interruption lasted for a period of at least forty-eight (48) consecutive hours after
the notice and iii) the customer has sent a written request for credit to Vidéotron within fifteen (15) days fol-
lowing this notice.
8.4 Sales Promotion Services – Vidéotron may offer certain Services to existing or new customers free of
charge for purposes of sales promotion (the "Sales Promotion Services"). In such an event, Vidéotron shall
under no circumstance owe any amount whatsoever to its customers who do not enjoy the benefit of Sales
Promotion Services.
9. COMPENSATION BY THE CUSTOMER
9.1 Compensation – The customer undertakes to compensate and side with Vidéotron in any claim, lawsuit
or proceedings or formal notice, including legal and paralegal fees, whether a case is founded or not, by a
third party against Vidéotron or its group companies in which there is allegation of facts that constitute or may
constitute misconduct on the part of the customer or under the terms of this agreement, failure of the cus-
tomer to comply with one or more of obligations, and the customer undertakes to compensate Vidéotron or
its group companies for damages caused by his or her misconduct or failure to meet his or her obligations.
Vidéotron is entitled to take part in the defence against any claim, at its expense, and to be represented by a
lawyer of its choice.
10. TERM AND CANCELLATION
10.1 Term
– Subject to the provisions stated below, this agreement comes into force on the Effective Date
and shall have a minimum duration of thirty (30) days, which shall be automatically renewed for additional suc-
cessive periods of thirty (30) days. The customer may at any time, upon prior notice of at least thirty (30) days
to Vidéotron, cancel this agreement or ask Vidéotron for subscription to another category of Services.
10.2 Sales Promotion – If the subscription is part of a sales promotion offered by Vidéotron whereby the
customer enjoys lower rates than would have been the case without this sales promotion, the subscription
is for the period covered by the sales promotion (the "Sales Promotion Period") and may not be cancelled
before this period ends. Upon expiry of the sales promotion period, the subscription is automatically
renewed under the same conditions or at the regular rate in effect for this type of subscription in accordance
with the conditions of this sales promotion, unless Vidéotron receives from the customer a notice of non-
renewal within ten (10) days preceding expiry of the sales promotion period.
10.3 Cancellation in the context of a sales promotion – Despite the provisions of paragraph 10.2,
should the customer cancel a subscription contracted as part of a sales promotion before the expiry of the
Sales Promotion Period, the customer shall pay Vidéotron, as damages, the following penalties:
10.3.1 For Cable Distribution Service with a commitment for a fixed period automatically renewable at the
end of the period: a penalty equal to 50% of the monthly payments remaining in the contract;
10.3.2 If the Equipment is rented, with a commitment for a fixed period automatically renewable at the end
of the period: a penalty equal to 50% of the monthly payments remaining in the contract;
10.3.3 If the Equipment is purchased: a penalty equal to the rebate granted the customer when the
Equipment was purchased.
10.4 Modification – In the event the provisions of paragraph 3.7 apply, the customer may either cancel this
agreement or ask Vidéotron to modify the customer’s Services or the duration of the customer’s subscription,
effective on the date of transmission of the prior notice sent to the customer, provided the customer has trans-
mitted a written notice to that effect to Vidéotron within thirty (30) days of receiving Vidéotron’s notice.
10.5 Cancellation of Services – Subject to the provisions of paragraphs 10.6, 10.7 and 10.8, Vidéotron
may at any time cancel this agreement upon prior notice of at least thirty (30) days to the customer.
10.6 Default – Vidéotron may at any time cancel this agreement or interrupt the Services without prior notice
and without prejudice to any of its rights vis-à-vis the customer in the event the latter fails to comply with one
or more of the provisions of this agreement.
10.7 Interruption or cancellation due to overdue account – Vidéotron may interrupt the Services or
cancel this agreement if the customer omits to pay an account on its due date, upon prior written notice of at
least five (5) business days to the customer indicating the reason and scheduled date of interruption of the
Services, the amount due by the customer and, where applicable, the charges for restoring the Services, the
charges for cancelling the agreement if payment is not made by the customer within this period of five (5) busi-
ness days and any other charges payable to Vidéotron. The cancellation charges mean: i) the amount owed
by the customer to Vidéotron in accordance with this agreement; and ii) any amount payable by the customer
to Vidéotron under this agreement for the remaining period of this agreement. Following cancellation of the
agreement, Vidéotron shall reimburse the customer, where applicable, the portion paid in excess of the cus-
tomer’s monthly charges. The customer can contact Vidéotron’s customer service for any comment or infor-
mation to that effect.
10.8 Bankruptcy and insolvency – This agreement is rightfully cancelled without any necessary notice in
the case where the customer becomes insolvent, authorizes assignment of his or her property for general ben-
efit of creditors or is declared bankrupt, if he or she is placed under receivership or in liquidation or if he or she
attempts to invoke any law in matters of insolvency, bankruptcy or arrangement with creditors.
10.9 Effects of cancellation – Upon cancellation of this agreement, all obligations of Vidéotron under this
agreement shall be extinguished.
10.10 Equipment and recovery charges – In the event the agreement is cancelled, the customer under-
takes to return promptly to Vidéotron any rented Equipment. The customer agrees to pay Vidéotron all charges
incurred by the latter to locate the rented Equipment or obtain possession of same or recover any amount due
and unpaid under this agreement.
11. PERSONAL INFORMATION
11.1 Customer’s personal information – The customer confirms that all personal information supplied to
Vidéotron is exact and acknowledges having been informed: i) that this personal information will be used for
management of customer records (credit, billing, collection); ii) that the information contained in the customer
record shall be accessible only if necessary in relation with the purpose of such record, to employees or
agents of Vidéotron in the exercise of their functions; and iii) that the customer record shall be kept at
Vidéotron’s customer service, at the address indicated on the customer’s statement, and to which the cus-
tomer shall send any request for access or correction of personal information. The customer undertakes to
inform Vidéotron promptly of any change to the personal information supplied to Vidéotron.
11.2 Credit file – The customer authorizes Vidéotron to check his or her credit file and enter the credit infor-
mation obtained in the customer record.
11.3 Name list – The customer authorizes Vidéotron to include his or her name, address and telephone num-
ber(s) in its list of customers for business development or philanthropic purposes, as well as to forward this list
to companies of the same group for the same purposes, the customer having the right to withdraw this autho-
rization at any time, by means of a verbal or written request to that effect to Vidéotron’s customer service, the
address and telephone number of which are indicated on the customer’s statement.
11.4 Protection of personal information – The personal information supplied by the customer to Vidéotron
is treated in accordance with Vidéotron’s policy on the protection of personal information, which is available
upon request to Vidéotron’s customer service by phone or at : [e-mail]
12. GENERAL PROVISIONS
12.1 Excerpts and titles – When the provisions of this document or certain of these provisions appear on
the back of a document other than this agreement, they constitute a reminder of these agreement conditions.
The titles are inserted for purposes of facilitating reference and in no way affect the interpretation of the provi-
sions of this agreement.
12.2 Applicable laws – This agreement is interpreted in accordance with the laws in effect in the Province
of Quebec and subject to the jurisdiction of the courts of the District of Montreal.
12.3 Customer service – Any questions concerning the Services or customer’s account should be
addressed to Vidéotron’s customer service.
12.4 Transfer – The customer is not authorized to transfer this agreement or the Equipment without the prior
written consent of Vidéotron. Any attempt by the customer aimed at transferring this agreement or the
Equipment without the prior consent of Vidéotron shall be null and void. Vidéotron is authorized to transfer its
rights or obligations under this agreement or its interests therein.
12.5 Use of the Equipment and Services – The customer shall not rent, transfer or lend the Equipment
or permit use of the Services for personal gain or purposes of public representation.
12.6 Completeness of provisions – This agreement sets out all provisions agreed upon between the cus-
tomer and Vidéotron regarding the subject on which they bear, and takes precedence over all agreements,
covenants, promises and representations on this subject.
12.7 Affiliated parties and beneficiaries – The provisions of this agreement are binding on Vidéotron and
the customer as well as on their authorized successors and assigns, and are established to their benefit.
12.8 Effect of waivers – No waiver of any provision or condition of the agreement or covering any breach
or default therein may produce effects unless consigned in writing and signed by the party stating the waiver,
and the latter shall not constitute a waiver of any provision or condition of the agreement or any subsequent
breach or default of the same or a similar nature.
12.9 Severability of provisions – Neither the invalidation nor the illegality nor the unenforceable nature of
one or more of the provisions of this agreement shall affect or invalidate any other provision thereof.