The terms and conditions of this Schedule shall apply to each telecommunications service contract made by you, namely cable broadcasting, Internet, Home Phone and mobile telephony services. These services may be regulated by the Canadian Radio-television and Telecommunications Commission (the “CRTC”). Should any provision hereof be incompatible with the applicable rules enacted by the CRTC, the latter shall take precedence.
You acknowledge and agree that the terms and conditions hereof may be amended from time to time by Videotron in accordance with the provisions of this Contract.
PART A – GENERAL TERMS AND CONDITIONS
For the purposes hereof, the following definitions shall apply:
1.1 Your Address – the address where the Equipment is located and the Services are rendered, as indicated in the Contract or, if you are a subscriber only to the mobile telephony service, the address indicated on the first page of the Contract.
1.2 Other Services – all Services offered to you by Videotron other than the Basic Services, including (i) the initial installation of the Basic Service(s) (including hookup, installation and reconnection work), (ii) the sale and leasing of Equipment (iii) technical service calls and (iv) access to emergency services.
1.3 You – a natural person who procures Services for personal and residential use only. Should the said Services be used for commercial purposes or as part of the operation of a business, you will be transferred to our “Business” Services on 30 days’ notice.
1.4 Your Codes – the identification elements that are attributed to you by Videotron or by any other provider and subsequently transferred to Videotron, including telephone numbers, transition telephone numbers (used temporarily during telephone number transfer), calling cards, personal identification numbers (“PIN”), email addresses, IP addresses and web page URLs.
1.5 Contract – any of the telecommunications service contracts made from time to time between you and Videotron or, depending on the context, all these contracts, including their specific schedule. If any of the telecommunications service contracts was made before June 30, 2010 and has not been the object of a reprint sent to you, then the term “Contract” means this Schedule A and the most recent invoice sent to the you.
1.6 Equipment – equipment or software that Videotron provides, lends, leases or sells to you, as the case may be, including terminals, modems, routers, SIM cards, mobile Internet device, mobile telephones and other telecommunication equipments. Any third party equipment not provided, leased, loaned or purchased from Vidéotron (“Third Party Equipment”) is excluded from this definition. The use of such Third Party Equipment is at your own risk.
1.7 Fees – the cancellation indemnity payable upon cancellation of a Contract and the compensatory indemnities payable for broken or lost Equipment.
1.8 Price – the price or monthly instalments payable by you for Services offered by Videotron, based on the type of Service, the type of subscription and, to the extent applicable, the subscription period selected by you, the whole in accordance with the Contract. For greater certainty, and unless the context should indicate otherwise, “Price” also refers to the selling price or the lease amount payable by you for Equipment.
1.9 Services – the Basic Services, the Pay-Per-Use, Pay-Per-Usage or Pay-Per-View Services, and the Other Services that Videotron provides you, as stipulated in the Contract. Services specifically do not include any service or equipment not contemplated by the Contract, as well as any technical support that might be necessary due to your use of equipment or material that does not comply with the minimum requirements for use of the Services.
1.10 Basic Services – the telecommunication Service or Services that Videotron provides to you, which services may include, depending on your choice, cable broadcasting, Internet, Home Phone or mobile telephony services. Basic Services also include, to the extent applicable, (i) the loan or supply of Equipment, when included in the Price of the Basic Service in question, (ii) the granting of an exclusive and non-transferable licence to use any software that may be necessary to provide a Basic Service, as described at greater length in the software licensing agreement accompanying the said software, (iii) the use of an Internet messaging address (which belongs to Videotron), as well as (iv) any telecommunication service that is ancillary to a Basic Service, or any condition or option that is ancillary to such Service, including, without limitation, the Per-Per-Use, Pay-Per-Usage or Pay-Per-View Services, etc.
1.11 Pay-Per-Use, Pay-per-Usage and Pay-Per-View Services – the services related to ad hoc and non-recurrent events or their use you make of it, including, without limitation, video on demand, pay-per-view TV, long-distance services, Internet overconsumption, purchase of mobile content, data overconsumption, etc.
1.12 Carrier – any third party that owns the network through which the Services are provided to you, where applicable.
2.1 In consideration for your payment of the Price of the Services and any other Fee, Videotron undertakes to provide you the Services requested or used by you, in accordance with the terms and conditions set out in the Contract.
3. PAYMENT OF SERVICES
3.1 You are responsible for the use of the Services and Equipment, including fees related to any Third Party Equipment, and you hereby undertake to pay Videotron the Price and charges thereof in accordance herewith, along with applicable taxes. You further acknowledge that the use of Third Party Equipment, computers programs, software or other computer applications can increase substantially the data overconsumption of Pay-Per-Use, Pay-Per-Usage and Pay-Per-View Services and therefore result in significant additional costs.
3.2 Subject to the following, the Price of the Services shall be invoiced monthly in advance. The Price of the Pay-Per-Use, Pay-Per-Usage and Pay-Per-View Services will be billed in advance according to their occurrence, according to the nature of the Service in question, at the price in effect at the time of their use.
3.3 You receive your invoice at the same billing frequency as the first Basic Service to which you subscribed, or at the usual billing frequency selected if you do not subscribe to other Basic Services.
3.4 The Price payable for a Service only provided during a portion of the invoicing period shall be calculated on a pro rata basis of the number of days that Service was provided to you over the total number of days in the applicable billing period.
3.5 The amounts invoiced shall be payable on the due date indicated on the invoice sent to you. Any amount invoiced remaining unpaid after the due date shall bear interest at the rate of 1.5% per month, compounded monthly (19.56% per year), computed from the billing date. Any partial payment shall first be applied to the accrued interest, then to unpaid capital, starting with those amounts that have been overdue the longest before the payment date.
3.6 Videotron may, where circumstances warrant, demand the advance payment of certain Services, an interim payment before the normal billing date or a guarantee in the following cases: (i) you have no credit history with Videotron and you either cannot or refuse to provide satisfactory information on your solvency, (ii) you have an unsatisfactory payment history with Videotron, or (iii) you present an abnormal loss risk due to your financial situation or your use of the Services. Videotron shall inform you of the specific grounds for this requirement and any applicable conditions. In the case of interim payment, any amount you are required to pay shall be considered overdue 3 days after having been undertaken or 3 days after Videotron demands payment thereof, whichever is the latest of the two. Should you fail to make an advance payment, an interim payment or provide a guarantee, as the case may be, Videotron may demand the immediate payment of any amount owing.
3.7 You hereby authorize Videotron and any person acting on its behalf to check your credit records with any relevant financial institution before and throughout the term of the Contract, and at all times authorize the said financial institutions and other information agencies to disclose us your credit record information and to any person acting on our behalf. You hereby declare having disclosed any material fact or information respecting your financial situation which might change your ability to honour your obligations contracted under the Contract.
3.8 Any amount invoiced in excess or erroneously should be credited to you, provided that you contest the amount in question within 90 days following the date of the invoice in question so as to allow Videotron to make the necessary verifications.
4. YOUR OBLIGATIONS AND RESPONSABILITIES
4.1 Videotron shall remain the owner of any Equipment that is provided, leased or loaned. You undertake to use the said Equipment with care, prudence and diligence. You are responsible for protecting and securing the Equipment.
4.2 You shall immediately notify Videotron should the Equipment provided, leased or loaned be lost, stolen, broken or destroyed. In such a case, regardless of whether it is or not you at fault, and in case of Equipment not being returned at the end of the Contract, you agree to pay Videotron the compensatory indemnity set out in Schedule A.1 hereto. If you do not want to replace the Equipment that was stolen, lost, broken or destroyed, and if you choose to cancel the Service associated with the said Equipment, or if you cancel your Contract and fail to return the Equipment, you must then pay Videotron, in addition to the compensatory indemnity set forth in Schedule A.1, any other applicable Fees and other amount that would then otherwise be owing in respect of the Services offered.
4.3 Unless you receive the prior consent of Videotron, you cannot use Equipment or software that has not been authorized by Videotron for the purposes of benefiting from the Services. Furthermore, apart from the mobile telephony and mobile Internet Equipment, the Equipment shall not be used anywhere other than at your Address, unless otherwise indicated in the specific provisions applicable to each Service, as set out below. Finally, you may neither change nor alter the Equipment or the configuration of the Equipment provided, leased or loaned.
4.4 You agree to abide by any user guide Videotron may provide, and with any other applicable Videotron guideline or requirement.
4.5 You may not use the Services or allow the Services to be used by any person whomsoever for purposes or in a manner that is abusive or contrary to the law, including, without limitation, in a manner that jeopardizes the Services, adversely affects Videotron or a third party or using the Services unreasonably or disproportionately.
4.6 You may neither resell nor offer the Services to third parties, and this with or without consideration.
4.7 You undertake to grant any duly authorized Videotron representative reasonable access, during regular business hours, to the premises where the Services are or will be provided, as well as to the Equipment on site, and this for the purposes of installing, inspecting, repairing and maintaining the Equipment or your equipment or a third party, to be able to work on the network of Videotron or a third party during an outage or disruption that causes the network to malfunction and to ensure that your obligations and/or Videotron under the Contract are honoured. Before entering the premises, Videotron shall obtain your authorization, except in the case of an emergency or should Videotron obtain a court order. At your request, the Videotron representative shall present a piece of identification issued by Videotron.
5. SERVICE AND EQUIPMENT WARRANTY
5.1 Services are covered by a satisfaction guarantee during the first 30 days following the activation of the Service. To take advantage of this guarantee, you must, when returning your Equipment, meet the following conditions: i) have used less than 30 minutes for mobile or 100 MB of data in the case of mobile internet keys, mobile Wi-Fi or tablets, whichever occurs first, ii) to return the Equipment and its accessories in quasi new condition with its original packaging otherwise a replacement fee may be required, iii) Pay-Per-Use, Pay-Per-Usage and Pay-Per-View fees; and iv) if applicable, return to us any gift or premium that was given to you at the time of the Sale of the Service in its original packaging with all its accessories and components.
5.2 Videotron neither offers nor gives any explicit or implied declaration, representation or warranty whatsoever in respect of the Services beyond what is explicitly set out herein. Consequently, unless explicitly provided for herein, or unless it has been made by a duly authorized representative, any explicit or implied declaration, representation, warranty or condition is hereby excluded, subject to applicable law. The Services are provided “as is” and to the extent that they are available. Without limiting the generality of the foregoing, Videotron does not warrant (i) that the Services will satisfy your needs, (ii) the performance, availability, use or continued or uninterrupted performance of the Services or of hardware or software components and, where applicable, that the said problems can be resolved, (iii) that the data or files transmitted to or received by third parties will be transmitted without being corrupted or within a reasonable time frame or without being intercepted, (iv) that the ownership rights or failure to comply with intellectual property rights or that the goods available on the Internet are of marketable quality or are suited for any particular use, and (v) that the Services offered are compatible with your software or equipment.
5.3 Notwithstanding the foregoing, the new modems, standard digital terminals, mobile Internet device and mobile telephones sold by Videotron are warranted against any manufacturing defect for a period of 1 year for parts and labour. HD digital terminals sold by Videotron after October 20th 2010 are warranted against any manufacturing defect for a period of 3 years for parts and labour. Any other new or refurbished Equipment sold is warranted for a period of 3 months, unless the manufacturer offers a longer warranty period. The manufacturers’ warranties are on Videotron’s Internet site. The warranty shall begin as of the activation date of the Equipment sold, if such activation takes place within 30 days following purchase. Failing this, the warranty shall begin on the date of purchase. Videotron shall repair or replace, at its sole discretion and as per the conditions provided by the manufacturer, any defective Equipment sold covered by this warranty with an identical piece of Equipment or with a refurbished or new model, provided that you notifies Videotron of the defect within the warranty period. Notwithstanding the foregoing, the warranty shall not apply to any breakage or defect resulting from an accident or an event of force majeure, modifications to the Equipment sold without Videotron’s authorization, or the improper or abusive use thereof. Should the Equipment sold be defective, you undertake to notify Videotron as soon as possible so that a duly authorized Videotron representative may make the necessary inspection. This warranty may not be assigned by you.
5.4 Videotron may from time to time offer extended warranties or service plans in respect of certain Equipment. These extended warranties or services plans shall be offered on the terms and conditions set out in the Contract, with the exception of the term, which shall be extended to the extent of the offer then in effect or according to the terms and conditions of the offer then in effect, as described in the Contract.
6. LIMITATION OF LIABILITY
6.1 Videotron shall not be held liable for any material loss (including that related to software) resulting from (i) the use, validity, quality, interruption, defect or slowdown of the Services, (ii) a change in software configuration or a computer virus, (iii) the content, use or validity of Services provided on the Internet or by a third party, (iv) the loss or destruction of data by means of intrusion or otherwise, or (v) the unauthorized interception of communications. Moreover, Videotron shall not be held liable for the total or partial loss of any program, data or other information saved or stored on the Equipment (including during repair).
6.2 Videotron shall under no circumstances be held liable to you for any indirect, special or punitive damages, or for any economic loss whatsoever, including, without limitation, any loss of data, information, revenues or earnings, or the inability to realize projected savings.
6.3 Videotron shall under no circumstances be held liable for any loss or fees incurred in respect of any allegation, claim, proceeding or other suit arising from your use of the Services or third party using your Codes.
6.4 Should the Basic Services be interrupted for a period of at least 48 consecutive hours rendering the Basic Services unusable, Videotron’s liability shall be limited to crediting you, upon written request sent no later than 15 days following the interruption, for the Price of the Basic Services that were interrupted, and this on a pro rata basis of the length of the interruption over the total period of the applicable invoice for the Basic Service at issue. No credit may be demanded in the event of a work stoppage, act of vandalism or other event of force majeure or for circumstances beyond the control of Videotron or the Carriers.
7. YOUR INDEMNIFICATION OBLIGATIONS
7.1 You undertake to indemnify and take up the defence of Videotron and the Carriers against any claim, action, including legal and judicial fees, whether these be well-founded or not (the “Claim”), instituted by a third party against Videotron and the companies of its group and/or the Carriers resulting from your use or the use of a third parties, of Services, the Equipment or your Codes, or that may constitute misconduct on your part or, pursuant to the terms and conditions of the Contract, a failure on the part of you to abide by any one of your obligations. You undertake to indemnify Videotron and the companies of its group and/or the Carriers for damages that you may have caused them due to your misconduct or breach of your obligations. Videotron and/or the Carriers shall be entitled to participate in the defence, at their own expense, against any Claim and to be represented by the attorney of their choice.
8. EFFECTIVE DATE, TERM AND CANCELLATION OF EACH CONTRACT
8.1 Each Contract will take effect individually upon activation of your Basic Service in question, or upon installation of the Equipment, as the case may be, and shall remain in effect until one of the parties has cancelled it in accordance with the Contract.
8.2 If a Contract has been made for a fixed term, such Contract will be renewed, at its expiry, for an indeterminate period at the rate then in effect for this Basic Service.
8.3 You can, at any time upon payment of the Price of the Services then rendered and the Fees, if applicable, may cancel the Contract or ask Videotron for a subscription to another category of Services by calling 1 888 VIDEOTRON.
8.4 If you cancel the Contract and you have obtained, in consideration of the Contract thus cancelled, an economic inducement or a rebate upon the purchase of Equipment, you must pay the following cancellation indemnity:
(a) If the cancelled Contract is a fixed-term contract, the indemnity payable will be equivalent to the economic inducement indicated in such Contract less the amount obtained by multiplying this inducement by a fraction representing the elapsed period since the Contract took effect as compared to the total number of months of the Contract in question.
(b) If the cancelled Contract is a contract for an indeterminate term, the indemnity payable will be equivalent to the rebate granted on the selling price of the Equipment acquired, less the amount obtained by multiplying this rebate by the elapsed period since the Contract took effect as compared to the total number of months up to the end of the vesting period of the granted rebate indicated in the Contract.
8.5 If the cancelled Contract has been made on or before June 30, 2010 and you chose a fixed-term subscription in order to benefit from a reduced Price for this Service (12, 24 or 36 months), you shall pay Videotron the following as a cancellation indemnity:
|Between the 1st and
|Between the 13th and
|Between the 25th and
*Plus applicable taxes.
8.6 Videotron may interrupt the Services or cancel the Contract(s) should you are fail to honour your obligations hereunder. Before interrupting the Services or cancelling the Contract(s), Videotron shall give you written notice unless it was required to take immediate action to protect a Carrier’s network or it was acting in response to unlawful, fraudulent or abusive use.
8.7 If the Basic Services are restored, you understand that your Codes might not be the same, and hereby release Videotron from any liability in that respect; you moreover understand that a fee will be charged for the restoration of Basic Services.
8.8 Should the Contract be cancelled, you undertake to return to Videotron immediately any Equipment that was provided, leased or loaned. Should you fail to do so, you shall reimburse Videotron, at the latter’s choice, the amount of compensatory indemnity set out in Schedule A.1 hereto or, at Videotron’s discretion, expenses that Videotron may incur to locate the Equipment provided, leased or loaned and to take possession thereof.
8.9 Notwithstanding the provisions of this Section 8, if the Contract is for an indeterminate term, Videotron may cancel the Contract at any time on notice of at least 60 days.
8.10 Except for the Mobile Telephony Service (“MOT”), should your Address change to a new location in a region where the Videotron Services are offered, and only to the extent that such Services are available at your new address, the term of the subscription will be suspended for a period not exceeding 45 days to reflect the period of time during which you do not have access to the Services at your new address.
9. AMENDMENTS TO THE CONTRACT
Videotron may from time to time amend each of the clauses of the Contract, including the Prices and the nature of the Services. Videotron will send you, at least 30 days before the amendment comes into force, a clearly and legibly written notice, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and other legal formalities, if appropriate. You may refuse this amendment and cancel the Contract thus amended, but after payment of the amounts owed for use of the Service up to the cancellation date, if the amendment entails an increase in your obligations or a reduction in Videotron’s obligations, by sending Videotron a notice to that effect, via its customer service, no later than 30 days after the amendment comes into force. For greater certainty, in default of notifying Videotron within the said deadline, you will be deemed to have accepted the said amendment, and any subsequent cancellation will result in the obligation to pay the cancellation indemnity, if applicable.
10. PERSONAL INFORMATION
10.1 Your personal information includes any information that may identify you, including your name, address, telephone number, email address, credit information and information regarding your age, gender, family status, opinions, etc.
10.2 You confirm that all of the personal information that you provided to us is accurate, complete and up to date.
10.3 You acknowledge and accept that the personal information collected by Videotron will serve: i) to establish, develop and maintain a business relationship with you, ii) to know your interests, needs, expectations and preferences in order to improve Videotron’s products and services and offer you new products and services, iii) to detect and prevent potential fraud or illegal, inadequate or inappropriate use of Videotron’s products and services, iv) to provide the products and Services that you have requested, to invoice them and to collect payment, v) to assess the financial risk for Videotron of accepting your request for subscription to a Service and periodically control this financial risk throughout the contractual relationship, vi) to comply with applicable laws and regulations.
10.4 We retain all personal information collected for the period necessary or useful for the purposes determined or required by applicable laws and regulations.
10.5 We collect personal information primarily from you. However, we may also collect this personal information from credit rating agencies or third parties, with your prior consent or where permitted by law.
10.6 Unless you give your explicit consent or disclosure is permitted by law or otherwise required by a court, all personal information that we hold concerning you, with the exception of personal information already available to the public, is confidential and we shall not communicate such confidential information to any person other than:
- a person who, in our reasonable judgment, is seeking the information as your mandatary;
- another telephone company or Carrier, provided that your personal information is required for the efficient and cost-effective provision of the telephone service, that the disclosure is made on a confidential basis and that the information will be used only for that purpose;
- a company responsible for supplying you with telephone or telephone directory related services, provided that your information is required for that purpose, that disclosure is made on a confidential basis and that your information will be used only for that purpose; or
- one of our mandataries whose services have been retained to obtain payment on your account, provided that your information is required for and is to be used only for that purpose;
- a person or body having the power to compel us to disclose your personal information and that requires this information in the performance of its duties;
- a body that has the mission under the law to prevent, detect or repress crime or statutory offenses, that requests your personal information from us in the performance of its duties, when your information is necessary for the prosecution of an offense under an applicable law;
- a public authority or its mandatary, for emergency public alerting purposes, if the public authority has determined that there is an imminent danger that threatens the life, health or safety of any person, and if such danger could be avoided or minimized by the disclosure of personal information; or
an affiliate that provides you with telecommunications and/or broadcasting services, provided that your information is required for that purpose, that disclosure is made on a confidential basis and that the information will be used only for that purpose.
10.7 Videotron will not require you that you consent to the collection, use or communication of personal information other than the personal information necessary to achieve the purposes set out herein on the grounds that it provides a good or a Service. Your consent will be deemed explicit when you have provided us with:
- your written consent;
- your electronic confirmation through the use of a toll-free number or the internet;
- your oral consent, where an audio recording of the consent is retained by us or by an independent third party; or
- your consent obtained through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
10.8 You hereby authorize us to enter into your file credit information obtained in accordance with Subsection 3.7 hereof, and you authorize us to transmit this information to credit rating agencies.
10.9 You hereby authorize us to include your name, address and telephone number(s) on our nominative list of customers for commercial or philanthropic prospection and to communicate this nominative list to our affiliated companies for the same purposes. You have the right to terminate this authorization at any time by means of an oral or written notice to that effect to our Customer Service, whose contact information is indicated on your invoice.
10.10 Videotron shall protect your personal information by means of security measures adapted to the storage media and sensitivity of such personal information.
10.11 Videotron may use the services of third-party companies located outside Canada. In these circumstances, your personal information may be stored or processed abroad or be subject to the laws of those countries. Even though Videotron requires (including through agreements) that these third parties protect the confidentiality and security of personal information according to the standards provided for by law, it is possible, in some cases, that the laws in force in these foreign countries allow the disclosure of personal information to judicial, quasi-judicial or government authorities.
10.12 Your personal information shall be processed in accordance with the law. Your file is kept at our Customer Service and your information will be made available to you at any time within 30 days of receiving your written request. Your requests for access to or correction of your personal information, or any information concerning Videotron’s policies and practices and any complaint, must be sent in writing to the Senior Vice-President, Strategy and Marketing, at 612 St-Jacques West, Montreal, Quebec H3C 4M8. You must inform us promptly of any change to your personal information. You may also obtain the Confidentiality Code for Videotron Customers at the above-mentioned address or the following internet address:http://corpo.videotron.com/site/securite-confidentialite-en.jsp
PART B – OTHER PROVISIONS APPLICABLE TO THE CABLE BROADCASTING SERVICE CONTRACT
11. Videotron’s obligations shall be limited to distributing programming to you that it receives or produces according to the category of cable broadcasting Services to which you subscribed, as specified in the Contract. However, Videotron is not responsible for the availability of channels, content, use, validity or quality of the programs it receives or distributes by means of its cable broadcasting Service. It is also explicitly understood that the programming distributed by Videotron by means of its cable broadcasting Service is provided as part of a global subscription, and that, consequently, it is subject to change without necessarily resulting in an adjustment of the Prices or rates that may then apply or the right to cancellation of the Contract mentioned in Sections 8 and 9 of the Contract.
12. Any subscription to a package or a channel is for a minimum period of 30 days. Restrictions may be imposed by the program providers and by the CRTC regarding the choice of channels for the customized packages.
13. Videotron reserves the right, as a condition for providing the cable broadcasting Service, to compel you to subscribe and keep a minimum number of channels, the content and thematic grouping of which may from time to time be established by Videotron based on regulatory requirements and Videotron policies.
14. As of the activation date of the cable broadcasting Service, you agree to pay Videotron the Price for its Pay-Per-View Services.
15. You shall not connect the Equipment to a greater number of televisions or receivers than the authorized amount indicated on the invoice or in the Contract, as the case may be, or install additional outlets yourself, failing which you will expose yourself to civil and penal sanctions. The law, moreover, prohibits the unpaid reception of signals, unless permitted by Videotron. Any infringement of the law could entail civil and penal sanctions.
PART C – OTHER PROVISIONS APPLICABLE TO THE
INTERNET SERVICE CONTRACT
16. For High-Speed Internet, Ultimate-Speed Internet 20, Ultimate-Speed Internet 30, Ultimate-Speed Internet 60, Ultimate-Speed Internet 120 and Ultimate-Speed Internet 200, a 10-hour monthly dial-up Internet access Service is included within the territories where Videotron owns dial-up Internet access servers (switched access). Additional use is billed per minute at the rate then in effect. Starting April 17, 2013, Videotron will cease, for any new connections, configuring the dial Internet access Service. However, if the configuration has been made by yourself, you recognize that all minutes of use above the limit will be charged at the rate then in effect.
17. You acknowledge that the expression “unlimited service” used in the advertising for Internet cable access refers to the time allowed for using the Internet access Service (based on intermittent use depending on the availability of the Service), that the number of gigabytes indicated for each type of subscription constitutes your maximum use and that any excess usage of the bandwidth (i.e. beyond the maximum applicable to the Internet access selected) shall be invoiced you that the rate then in effect, as detailed on the Videotron website.
18. If you subscribe to the Wireless Internet plan, the service-related activities include usage of the bandwidth for data transfer of 10 gigabytes of combined downloaded data (from the Internet to you) and uploaded data (from you to the Internet) per month.
19. Internet accesses may be subject to traffic management practices. For more details, see: http://support.videotron.com/residential/internet/traffic-management.
20. As of the Internet access activation date, you shall be responsible for: (i) any use you may make of the long-distance services (applicable to dial-up Internet access where you request access from an area outside your local calling area); (ii) any use exceeding the use limits; and (iii) any use of any other Videotron Service, such as the illico.tv Service, including download of on-demand content.
21. You undertake to respect the usage limits indicated for the type of subscription selected. Any usage in excess of the limits shall be invoiced to you at the rate then in effect.
22. You shall be responsible for installing the installation software and, where applicable, configuring your telephone communication software in order to avoid long-distance charges that might result from a faulty configuration, in which case such long-distance charges shall be assumed entirely by you. You undertake not to modify, use for other purposes, decompile or copy the software licence except to the extent authorized hereunder.
23. You shall also install the Equipment, (including any USB modem or Ethernet card) as well as any other accessory. Certain Internet Services are likely to require the installation of shared applications or shareware, as indicated in the installation procedures transmitted by Videotron. Where these applications are not specifically provided by Videotron, the use of such applications or shareware shall be at your risk.
24. Paragraphs 25 to 30, 46 and 50 apply to the Mobile Internet service. Roaming charges apply when Mobile Internet is used on the Carriers’ networks.
25.1 transmitting or helping to transmit unsolicited messages (“spam”) or pyramid emails;
25.2 uploading, recovering or storing any information, data or material that is defamatory or obscene, contains hate literature or child pornography, violates privacy or infringes any right or title to, or interest in, intellectual property belonging to a third party;
25.3 transmitting or helping to transmit any file or document containing a “worm”, “Trojan horse”, or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.
26. You undertake to refrain from using the Internet access to disseminate the data from any type of server (such as FTP, HTTP, IRC, PROXY, SMTP, POP or others) to the Internet.
27. The Internet access Service offered by Videotron supports only one Internet connection.
28. For Basic Internet, High-Speed Internet, Ultimate-Speed Internet 20, Ultimate-Speed Internet 30, Ultimate-Speed Internet 60, Ultimate-Speed Internet 120 and Ultimate-Speed Internet 200, the rules for hosting a website set out below shall apply to any personal web page hosted on the Internet servers of Videotron or its mandataries. In that respect, you explicitly acknowledge that Videotron’s obligation hereunder shall be limited to supplying Internet access. Hosting your personal web pages is an additional service offered free of charge solely for the purposes of accommodating you, and shall at no time constitute an obligation on the part of Videotron to continue hosting your web pages. You undertake:
28.1 to ensure that the content of your personal web pages is not: (i) immoral, defamatory, obscene, racist, unlawful or hateful; (ii) likely to damage the reputation of any person; (iii) likely to infringe any right or title to, or interest in, an intellectual property belonging to a third party; (iv) likely to cause any damage whatsoever to a third party;
28.2 to ensure that the content of your personal web pages complies with all applicable laws, regulations and orders. Moreover, you shall refrain from: (i) accessing a third party’s Internet server without their authorization; (ii) modify the content of a third party’s web pages; and (iii) commit or otherwise attempt to commit any illegal act;
28.3 to refrain from including on your web site any links referring the user to prohibited or unlawful web sites, specifically including sites such as those mentioned in Subsection 28.1;
28.4 to ensure that your web pages are free of any design and performance defects, including any virus;
28.5 to ensure that none of your web pages reproduce any portion of the web content of a third party without having obtained their prior consent;
28.6 to hold the copyrights to any work posted on your personal web pages and to grant Videotron, free of charge, digital reproduction and adaptation rights for the exclusive purposes of creating personal web pages;
28.7 to be responsible for the choice of domain name and for the content of your web pages, their update, their backup and any damages arising from their use, posting or unauthorized access. You undertake to perform any useful or necessary verification to rule out any conflict in respect of the domain name you wish to be allocated you, and agree to hold Videotron harmless from any action that may be brought against it in that respect;
28.8 to limit all of you web pages to 5 megabytes of disk space.
29. You acknowledge that Videotron cannot possibly ensure a permanent and efficient control over your personal web pages. Accordingly, you undertake to exercise this control yourself. However, Videotron reserves the right to monitor the content of your personal web pages from time to time, and to disclose any information that may be necessary to comply with any law, regulation or court order.
31. All access to the illico.tv Service granted by Videotron may be granted only to natural persons having their permanent residence at your Address.
32. If you subscribe to the Wireless Internet service, you acknowledge that the installation of the antenna and stand are under Videotron's responsibility. In the event of service termination, the stand will remain bolted to the building where it was originally installed
PART D – OTHER PROVISIONS APPLICABLE TO HOME PHONE OR MOBILE TELEPHONY SERVICE CONTRACTS
33. Except for certain MOT packages, the telephony Service does not include options (such as call management, voice mail, etc.) unless they are requested by you and you pay the applicable Price for these options. The Pay-Per-Use Services including, without limitation, telephone directory assistance, long-distance Services, roaming Services, text messaging Services, Internet Services via MOT, Internet on a device, and any data transmission Service shall be invoiced per use at the Price then applicable at the time of use, as detailed on the Videotron website (www.videotron.com). You will also find on this website coverage area and some tools to, among others, manage your usage and set up notifications.
34. Except for MOT, your long-distance Service shall be carried by default by Videotron at our rates. The long-distance Service is billed in full-minute increments, and actual usage is rounded up the next full-minute increment at the end of each call. A minimum fee of one (1) minute is applicable to each call.
35. Should you not wish to subscribe to the long-distance Service in accordance herewith, you acknowledge that you are notified of your responsibility to contact another long-distance service provider. You understand that you will be invoiced for long-distance fees at the rates then in effect throughout the entire period during which interim long-distance services are provided to you by Videotron, and this until the other long-distance service provider selected by you is able to offer the said long-distance service.
36. You understand that certain long-distance service providers may not be able to carry long-distance calls from the Videotron network, and therefore releases Videotron from any liability in that respect.
37. In the case of MOT, the data usage rates may differ from those stated as a result of rounding rules. MOT is billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call. A minimum fee of (1) minute is applicable to each call. Transmission Control Protocol-Internet Protocol (TCP-IP) overhead characters will be added to all data transmissions and included in the calculation of usage. You agree to accept Videotron's calculation of usage as final. Videotron will not pool usage calculations from multiple devices activated on your behalf. Compression may impact the total amount invoiced to your account. The network may re-send data packets to ensure complete delivery and you will be invoiced for these re-sent packets. The pricing may also differ when you use a Carrier’s services.
38. In the case of the Home Phone Service you declare being in possession of all of the equipment necessary to connect you to the local telephony at the Demarcation Point as defined in Section 50 below, and acknowledge having the obligation to provide the equipment (including internal wiring and cabling) that meets the minimum requirements to use Home Phone and the Equipment. Your equipment shall, in particular, (i) comply with the Industry Canada document “Compliance Specification for Terminal Equipment, Terminal Systems, Network Protection Devices, Connection Arrangements and Hearing Aids Compatibility” (CS-03), (ii) be registered with Industry Canada in accordance with the “Procedure for Declaration of Conformity and Registration of Terminal Equipment" (DC-01) and (iii) have a registration number as defined in the Industry Canada document “Self-Marking of the Certification/Registration Number on Terminal Equipment: Application Procedure and Agreement".
39. Except where a telephone number is transferred, you shall take all necessary steps to cancel the services provided by your former service provider, disconnect the relevant telephone lines and arrange for the appropriate call forwarding, where applicable. You shall at all times remain liable for the charges and costs associated with this responsibility and for any amount owing to your former service provider.
40. You understand that, in the case of Home Phone, any breach of Section 4.3 may render the emergency 911 Service unavailable. Contrary to Section 4.3, MOT Equipment may nonetheless be used elsewhere than at your Address.
41. In the case of MOT, roaming services are provided whenever they are available or authorized under the roaming agreements entered into with the Carriers, and are subject to the restrictions set out therein. Furthermore, all Services may not necessarily be offered in each territory where roaming is available; in some territories, roaming is available only if the technology is compatible.
42. In the case of MOT, all information, data, texts, software, music, ring tones, sounds, photographs, graphic art, video images, messages or any other material from third party content providers (hereinafter collectively the “Content”) that is accessible by MOT shall be the entire responsibility of the person who issued and is the author of the said Content. Videotron and the Content providers that are not the authors thereof shall under no circumstances be held liable for the Content, including, without limitation, any error or omission, loss or damage, resulting from your use of the Content. Consequently, you hereby agree to evaluate and assume all risks and liabilities relating to accessing, viewing, receiving, uploading, downloading or using the Content in any other way.
43. You acknowledge that the Content is protected by copyright law, trademark law, service brand law, patent law and any intellectual property law or other type of law, whether or not the application thereof is invoked. Unless explicitly authorized by Videotron or a Content supplier, you agree not to modify, lease, loan, sell, distribute or create derived works based in whole or in part on the Content or MOT, or to use the Content for anything other than personal purposes.
44. You have no ownership right over the telephone number, your Codes and other identification elements attributed by Videotron hereunder and Videotron may at all times change or withdraw the said telephone number, your Codes and other identification elements upon notice to that effect to you. Notwithstanding the foregoing, throughout the period during which Videotron provides the telephony Service, you shall hold the exclusive right to use the telephone number. Videotron may change the said number if it has reasonable grounds to do so, such as when required by a government agency, and gives you reasonable written notice stating the grounds and the effective date of the telephone number change. In case of an emergency, oral notice with subsequent written confirmation shall suffice.
45. You acknowledge that MOT and some of the MOT-related Services are available only when the Equipment is within operating range of Videotron’s or the Carriers’ mobile network and that MOT may be refused, interrupted or limited temporarily due to: (i) limitations of Videotron’s and/or the Carriers’ mobile network, such as capacity limitations; (ii) transmission limitations caused by atmospheric conditions, topographical features, radio interference and other factors beyond the control of Videotron and/or the Carriers; (iii) modifications, upgrades, relocations, repairs and other activities of a similar nature to Videotron’s and/or the Carriers’ equipment necessary for the efficient or improved operation of the MOT; (iv) failure of third parties’ communications facilities interconnected to Videotron’s and/or the Carriers’ facilities; or (v) during the transfer from the Videotron network to a Carrier’s network. Your calls may be disconnected temporarily for a variety of reasons, including, without limitation, atmospheric conditions, topographical features, weak batteries, system over-capacity, movement outside a service area where MOT is available and gaps in the geographical location within which MOT is available.
46. Your acknowledge that certain Basic or Pay-Per-Use Services, including mobile television, are only accessible within the Videotron network and are not accessible from Carriers.
47. You acknowledge that in the case of MOT (i) it is possible for third parties to monitor voice and data traffic over the Carriers’ and/or Videotron’s facilities and privacy therefore cannot be guaranteed; (ii) if you wish to better secure transmission of data, you must provide for your own means of data encryption, at your own costs; and (iii) you assume full responsibility for the establishment of appropriate measures (including, without limitation, the selection of passwords) to control access to your Equipment and to erase all information or data in each Equipment before its disposal or return.
48. The use of a Videotron SIM card with Equipment not purchased through Videotron or an authorized partner or with Equipment for which this card has not been designed or supplied could cause a partial or total loss of the Services as well as per-use or monthly fees. You acknowledge that the insertion of a SIM card in any device (whether this is Videotron Equipment or not) could result in charges.
49. You acknowledge that Videotron does not offer the same technical support for mobile Equipment which is authorized but not acquired from Videotron.
50. For Home Phone, Videotron shall provide you with all of its installation work up to where Videotron’s Equipment connects to your Equipment, whether or not you are the owner thereof (the “Demarcation Point”), unless indicated otherwise. Videotron shall be responsible for providing Home Phone only up to the Demarcation Point. You shall be responsible for your own equipment, internal wiring, cabling and outlets beyond the Demarcation Point, whether or not you are the owner thereof. Videotron may, with no obligation on its part, install the internal cabling and outlets at your request and offer repair services at the Fees charged by Videotron for such work; or, also at your request, Videotron may work on the internal cabling that belongs to or is your responsibility.
51. Videotron shall not be held liable for:
(a) any telephony Service interruption or unavailability, including any interruption or unavailability of the emergency 911 Service or any alarm system connected to a telephone line through which Videotron provides the telephony Service;
- (b) the act, actions or omissions by you or the operation or malfunction of your equipment;
(c) any damage to your equipment resulting from the connection or disconnection to the Equipment provided or loaned to you by Videotron.
52. At your request, Videotron offers an Inside Telephone Wiring Maintenance plan (the “Maintenance Plan”) is available for Home Phone. The Maintenance Plan does not cover: repair or replacement of any terminal Equipment; problems with or damage to the Installations known and existing prior to subscription to the Maintenance Plan; damage caused by negligence, vandalism or resulting from a force majeure; repair or replacement of installations that are not compliant with applicable standards and regulations; repair or replacement of outlets or inside wiring that are inaccessible; repair or replacement of outside wiring connected to separate structures on the same premises; repair or replacement of Installations intended specifically for data transmission; work performed outside of Videotron's business hours; or installation of additional outlets or wiring.
53. Should there be any error or omission in the listings in the local telephone directory, whether the error or omission involves your telephone number, address or name, Videotron’s liability shall be limited to reimbursement of any applicable listing Fees charged to you, for the period during which the error or omission occurred.
54. You understand that there is no contractual nexus with the Carriers, and that you are not a third party beneficiary of any agreement between Videotron and the Carriers. In addition, you understand and accept that the Carriers assume no liability whatsoever to you. Regardless of the cause for the action, whether for breach of contract, warranty, negligence, civil liability or other, the only recourse open to you and the total liability of the Carriers arising in any manner whatsoever from the contract between Videotron and the Carriers, including, without limitation, any loss or interruption of MOT, shall be limited to payment to you of an amount equal to that portion of the amount paid by you for MOT for the period of service during which the damages occurred.
55. Videotron’s liability shall not be limited by Subsections 55.1 and 55.2 that apply to MOT in cases of deliberate fault, gross negligence or anticompetitive conduct on the part of Videotron or cancellation of contract due to gross negligence on its part.
55.1 Save in the event of death, bodily injury or damages to you property or your premises, Videotron’s liability for neglecting to provide mandatory emergency services shall be limited to the greater of the following amounts: $20.00 or three times the amount you would receive were you entitled to reimbursement for defective Service hereunder.
55.2 As far as the mandatory provision of emergency services are concerned, Videotron shall incur no liability whatsoever in respect of:
56. Where the facilities of other businesses or telecommunications systems are used to establish connections with or from your facilities or your material, Videotron shall not be liable for any act, omission or fault attributable to other businesses or telecommunications systems in respect of the mandatory provision of emergency services intended for you.
57. The enhanced emergency 911 Service (or “E911”) is offered on most traditional or cable telephone lines. With the E911 service, a call is immediately directed to the appropriate emergency centre, and the emergency centre operator can see the caller’s telephone number and address. Some call control features are also available, such as automatic callback.
58. Should the caller be unable to speak during a 911 call, Videotron shall transmit your Address to the specialized call centre. You shall be responsible for ensuring that this address is up to date.
PART E – OTHER PROVISIONS APPLICABLE TO
THE ENTERTAINMENT CONTRACT
59. With respect to entertainment services on the Vidéotron website, you agree that the content downloaded or streamed belongs to Videotron or its licensors and may be subject to additional terms and conditions communicated at the time of the content order.
60. Videotron hereby grants you a Canada-wide, non-exclusive, non-transferable, revocable and limited license in duration to view, on compatible devices, content for personal and noncommercial use only.
61. You agree that the availability of the Content varies depending on the rights granted to Videotron and viewing equipment required to meet certain minimum requirements.
62. Content viewing requires an Internet connection and uses bandwidth, which are your exclusive responsibility.
PART F– OTHER PROVISIONS APPLICABLE TO THE LEASE CONTRACT
63. The lease begins on the date of delivery of the Equipment and extends, as applicable, until the date of termination of the related Services, the date of purchase of the leased Equipment or the date of return of the Equipment if you buy / lease a new Equipment.
64. You shall take reasonable care of the leased Equipment and commit and you agree to not remove or alter any label or serial number.
65. Videotron will provide the necessary maintenance and repair of the leased Equipment resulting of normal wear only.
66. Should Videotron grant an option to purchase a leased Equipment, it may not be exercised until 12 months after the date on which the lease began. The price of the purchase option is set at the price of the refurbished Equipment on the date of purchase.
67. Videotron may, at its sole discretion, replace any leased Equipment with new or refurbished Equipment with comparable functionalities.
68. Clause :
Clause required under the Consumer Protection Act.
(Long-term contract of lease)
The consumer has no right of ownership in the goods leased.
The merchant shall assume the risk of loss or deterioration by fortuitous event of the goods forming the object of this contract except where the consumer withholds the goods without right or, where such is the case, after ownership of the goods has been transferred to him by the merchant.
The consumer benefits from the same warranties respecting the leased goods as a consumer owning such goods.
Where the consumer is in default to perform his obligation in the manner prescribed in this contract, the merchant may:
The consumer may also return the goods to the merchant at any time during the leasing period even if you have not received a notice of repossession.
If the consumer returns the goods to the merchant, the contract is rescinded of right. In such a case, the merchant is not bound to return to the consumer the amount of the payments due you have already received, and you cannot claim any damages other than those actually resulting, directly and immediately, from the rescission of the contract.
The merchant is bound to minimize his damages.
It is in the consumer's interest to refer to sections 116, 150.10, 150.11 and 150.13 to 150.17 of the Consumer Protection Act (R.S.Q., c. P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
PART G – OTHER GENERAL PROVISIONS
69. The Contract shall be interpreted in accordance with the laws in effect in the province of Quebec.
70. You are not authorized to assign the Contract and/or the Equipment without the prior consent of Videotron. Any such assignment shall be null and void. Videotron may assign or transfer all or part of its rights or obligations under the Contract without your consent.
71. The Contract contains the entire agreement reached between you and Videotron as regards the subject matter thereof, and it shall take precedence over all contracts, covenants, undertakings, promises and representations in that respect, unless such representations have been made by a duly authorized representative.
72. The invalidity or unenforceability of any stipulation of the Contract shall not affect in any way the validity or enforceability of any other stipulation.
SCHEDULE A.1 – COMPENSATORY INDEMNITY IN THE EVENT OF LOSS, THEFT, BREAKAGE, DISTRUCTION, OR FAILURE TO RETURN EQUIPMENT
As provided for in Subsection 4.2 hereof, you shall pay the following compensatory indemnities in the event of the loss, theft, breakage, destruction or failure to return any Equipment that is provided, loaned, or leased:
|Category of Equipment
||Amount of indemnity payable * ($)
|Internet access modem
|Multifonction modem (without battery)
|Multifonction modem battery
|DCT modem (without battery) – 4 lines |
|Ultimate Speed / DOCSIS 3 Internet Modem
|125-volt AC cord
|940 Mbits Modem
|940 Mbits Modem Power Cable
|IP Router |
|Standard digital terminal
|Personal digital video recorder
|HD digital terminal
|HD digital terminal (new generation)
|HD personal digital video recorder
|HD personal digital video recorder (new generation) / Multi-Room HD PVR
|X8 Power supply cord
|Illico 4K Ultra HD
|Power cord with external power supply for illico 4K Ultra HD Personal Recorder
|Digital terminal remote
|Power cord with external adapter
|New generation Wi-Fi router
|Fixed Wireless Internet Antenna
|Remote – Digital-analogue converter
|Power cable – Digital-analogue converter
* Plus applicable taxes.
Version: September 21, 2016