THIS AGREEMENT IMPOSES YOU OBLIGATIONS.
This document constitutes a contract between you, an individual or unique body corporate, hereinafter designated as the "Subscriber" and Câble Axion hereinafter designated as the "Company".
1. Fees and rates
Rates, subscription fees and terms of payment are those set by the Company and may be modified during the course of the subscription, even in the case of a promotional contract, following a written notice of 30 days issued by the Company or following an authorization from regulatory authorities. Fees and rates do not include applicable taxes.
2. Duration and renewal
The duration of the subscription will be of one civic month and unless of a notice to the contrary from the Subscriber or Company, it will automatically be renewed on the first of each month to the same conditions, subject to any increase of fees for which the Subscriber will have been advised of in writing.
The notice of termination may be communicated by phone, fax or letter to the Company office. It must be received by the Company at least 30 days prior to the expiry of the commitment. If the subscription is done during the course of a promotion and under which the client benefits from lesser fees than those he would have paid regardless of this promotion, the subscription is concluded for the period aimed by the promotion and cannot be terminated before expiry unless paying penalty fees. At the expiry of the promotion, the subscription is automatically renewed.
4. Termination during the course of a promotional contract
(Signed prior to June 30th 2010)
In the event that the Subscriber terminates a subscription made during the course of a promotional contract before the end of the commitment period, he must pay the Company the following penalties as damages: if the remaining commitment period is more than 24 months, a penalty of $300 plus taxes will be applicable; if the remaining commitment period is less than 24 months but over 12 months, a penalty of $200 plus taxes will be applicable; if the remaining commitment period is less than 12 months, a penalty of $120 plus taxes will be applicable.
Installation and administration fees are payable upon receipt of the equipment. Monthly fees are payable on the due date indicated on the invoice or according to the agreement for pre-authorized bank withdrawals or credit card payments.
Administration fees of 2% per month (26.82% per year) will be invoiced to the Subscriber's account for any amount unpaid, starting on the first day of the period covered by the invoice. These fees may be modified following a notice of 30 days by the Company to the Subscriber.
Fees will be invoiced to the Subscriber for any cheque or pre-authorized payment returned for insufficient funds or for each transaction on the client's credit card that will not be authorized by the issuing bank.
If terms of payment are not respected, the Company reserves the right to suspend all services it provides to the Subscriber and to remove all installations and equipment it owns. All fees incurred will then be payable and the Company reserves the right to transfer the debt to a third party.
If it turns out necessary to refer the account to a collection agency or an attorney due to the default to pay by the Subscriber, he accepts to pay, in addition to his unpaid amount, collection fees equivalent to 20% of his unpaid amount in principle and interest.
6. Reimbursement or cancellation policy
The Subscriber who orders one of the Company's services, by phone or Internet, will be deemed having concluded a bounding subscription agreement. If, afterwards, he wants to cancel his order before service activation, cancellation fees corresponding to hours worked or fees incurred may be invoiced to him.
7. Company's responsibilities
The Company shall not be held liable for service interruptions resulting from acts of God, fortuitous events or other causes out of its control. In case of service interruption, the Subscriber must contact the Company so it can restore services within the best delays possible. The Subscriber can contact the Company within 15 days of such event to claim a service credit for any interruption superior to 72 hours of continuous service from the Subscriber's call.
7.1 - Cutoff – The cutoff point represents the location where the Company modem and equipment connect to the Subscriber's equipment.
The Company's responsibility is limited to the installations and equipment it uses within its territory to feed the service. The Company may require the reimbursement of fees incurred during a visit to a residence generated by any equipment owned by the Subscriber or for any modification made by the Subscriber to Company installations. The Subscriber is responsible for his equipment, indoor wiring and outlets beyond the cutoff point. Without any obligation on its part, the Company can install, upon request from the Subscriber, indoor wiring and outlets and offer repair services to set rates.
The Company shall not be held liable in any way whatsoever for the operation, maintenance or repair of the television set or of any other related device owned by the Subscriber.
The Company may suspend service for brief periods for network maintenance.
The Company reserves the right to discontinue or modify one or several of its services, replace its equipment or change its transmission techniques.
7.2 - Exclusions – Except in the case of gross or intentional negligence by the Company, it is not liable to the Subscriber or any other person for damages it or individuals under its control cause, whatever the nature. Without limiting the generality of the preceding, the Company shall not be held liable for material loss resulting from the use, validity, quality, interruption, malfunction or slowdown of services it provides, from a power outage, modem or equipment malfunction. Furthermore, the Company shall not be held liable for: i) any interruption or unavailability of service, including any interruption or unavailability of the 911 emergency service or of any alarm system connected to the phone line through which the Company provides services; ii) facts and gestures or omissions made by the Subscriber or of the operation or malfunction of the Subscriber's equipment; iii) any damage made to the Subscriber's equipment resulting from the connection or disconnection of the modem and equipment leased by the Company to the Subscriber.
7.3 - Limitations – If the Company shall nevertheless be found liable for a loss or damage of any nature whatsoever, its liability shall be limited to crediting the Subscriber an amount equal to monthly fees payable by this Subscriber for a maximum period of one month. In any case, the Company shall not be held liable to the Subscriber or a third party for any indirect, special or punitive damages nor for any economic loss including, but not being limited to, any loss of data, information, revenues or profits or the impossibility of making planned savings resulting, directly or indirectly, from the Company's negligence.
8. Subscriber's Obligations
8.1 - Responsibility resulting from calls and services – The Subscriber is responsible for all fees related to the services and equipment provided by the Company. The Subscriber is responsible for fees related to calls placed from his modem, calls received or accepted and calls thus invoiced, regardless of who made such calls. The Subscriber is also responsible for all fees incurred following the use of his calling card, access code or personal identification number that was assigned to him or that he has selected.
8.2 - Installation of the modem and equipment – Under certain circumstances and with the Company's prior authorization, the Subscriber may proceed to the installation of the modem and equipment or to their replacement. In the case of the modem and equipment not installed by the Company, the Subscriber agrees to notify the Company within 5 days following the receipt of the modem and equipment of any malfunction, otherwise he is deemed to have received the modem and equipment in good working condition.
8.3 - Use of the modem and equipment – The Subscriber must use the modem as well as equipment with care, prudence and diligence. He also agrees to comply with instructions manuals provided by the Company, if applicable, and with all directives or requirements from the Company pertaining to the leased modem and equipment. Moreover, the Subscriber cannot modify nor alter the leased modem and equipment or their configuration, otherwise he exposes himself to civil and criminal sanctions.
8.4 - Interdiction – Except with the Company's prior authorization, the Subscriber may not use a modem not authorized by the Company to benefit from services. Furthermore, the modem and equipment may not be brought to a civic address other than the one where they were initially installed at the time of service installation. The Subscriber understands that any violation in this regard may result in making the 911 emergency service unavailable.
8.5 - Conform Use – Services may be used by the Subscriber and all individuals he authorizes for personal use only. The Subscriber may not use services or allow them to be used by anyone in a purpose or manner contrary to the law or in an abusive manner, among which, to damage the modem and equipment, to cause prejudice to the Company or anyone, to prevent anyone from making a fair and proportionate use, to send massive unsolicited messages, to make calls or send messages that are annoying or offensive.
8.6 - Subscriber's Equipment – The Subscriber declares having in his possession all equipment necessary to the connection of services at cutoff point, as defined in Article 7.1 of this agreement and acknowledges having the obligation of providing equipment (including indoor wiring and cables) that meet the minimum requirements necessary to the use of services, modem and equipment provided by the Company. The Subscriber's equipment must: i) comply with Industry Canada's document titled "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 compliance with the document titled "Procedure for Declaration of Conformity and Registration of Terminal Equipment" (DC-01); iii) bear a certification number as specified in Industry Canada's document titled "Self-marking of the Certification/Registration Number on Terminal Equipment – Application Procedure and Agreement". In the case where technical support services are provided by the Company to the Subscriber and result in the malfunction of equipment owned by the Subscriber or of any other equipment beyond the cutoff point or that the said equipment does not comply with necessary minimum requirements, additional administration, installation or technical support fees may be invoiced to the Subscriber by the Company.
8.7 - Access to the Subscriber's residence – The Subscriber agrees to give access, in a reasonable manner and during regular business hours, to a duly authorized Company representative to the premises where services are or are to be provided in order to install, inspect, repair, maintain the modem and equipment or Subscriber's equipment or to perform work on the Company network during a disturbance that disrupts the network as well as to ensure the respect of the Subscriber's obligations in accordance with this agreement. Prior to entering the premises, the Company must obtain the Subscriber's authorization, except in the case of emergency or when the Company has obtained a court order. Upon request from the Subscriber, the Company representative must show a valid identification document issued by the Company.
9. Subscriber's responsibilities
9.1 - Transfer of supplier – Except in the case of a phone number transfer, the Subscriber must take the necessary arrangements to obtain the termination of services provided by his old service provider. At all times, the Subscriber remains liable for fees and costs associated with this liability as well as all amounts due to his old service provider.
9.2 - Use and elements of identification – The Subscriber is the sole bearer of liability for his phone access and the use made of it. The Subscriber is also the sole bearer of liability for the use of services made with his phone number, phone card or account. It is the Subscriber's responsibility to make sure of the security and confidentiality of his phone numbers and cards, access or authorization codes or personal identification number ("client codes"). Consequently, the Company shall not bear liability pertaining to acts or omissions made by the Subscriber or any other individual who uses the Subscriber's codes. In the case where the security of the client's information or codes is compromised, it is the Subscriber's responsibility to immediately contact the Company's technical support whose coordinates are indicated on the Subscriber's account statement. Without limiting the generality of the preceding, the Subscriber is liable for the totality of fees charged to his account until a notice to the contrary has been given by the Company.
9.3 - Loss of equipment – In the case of loss or non-return of the modem and equipment leased to the Subscriber or break making it unusable, even if this loss or break results from a fortuitous event or cause unknown to the Subscriber, he agrees to pay the Company the current market value, as liquidated principle and interest.
In case of break resulting from the normal use of the original equipment, the basic warranty plans the no-cost replacement of the said equipment by an equivalent equipment of the same type. This warranty automatically starts at the equipment's date of purchase.
10.1 - New equipment – The Company offers a two-year basic warranty on its new equipment starting at the date of purchase.
10.2 - Reconditioned equipment – For reconditioned equipment, a 6-month basic warranty is included starting at the time of purchase.
11. Optional maintenance plan
12. Services covered by the maintenance plan
* The repair or replacement of outlets and indoor wiring from the cutoff point, hereinafter called installations, linked to the Company's coaxial and phone network, no longer functioning due to normal wear;
* The diagnosis of disruptions caused by the terminal equipment, including leased terminals and modems or the Subscriber's phones.
* Services not covered by the maintenance plan
* The repair or replacement of any terminal equipment;
* Problems or damages to installations known by the Subscriber or Company, existing prior to the subscription to the maintenance plan;
* Damages caused to installations by negligence or vandalism;
* Damages to installations resulting from a fortuitous event, including an act of God, fire, flood, thunder, ice storm or act of war;
* The repair or replacement of installations not complying with electrical codes or applicable standards and regulations;
* he repair or replacement of unreachable outlets or indoor wiring because it is impossible to access the rooms or part of the rooms where they are located and the repair to rooms or part of the rooms;
* The repair or replacement of outdoor wiring (overhead or buried) linking separate structures on the same premises;
* The repair or replacement of installations specifically dedicated to data transmission;
* The execution of works outside the Company's opening hours;
* The installation of additional outlets or wiring;
* The repair or replacement of outlets or indoor wiring due to damages caused by animals.
13. Other conditions
The Company reserves the right to invoice additional fees or terminate the maintenance plan if it deems that the Subscriber uses the service beyond measure, commits abuses, fails to his obligation in accordance with the maintenance plan or does not pay due amounts on time, according to the terms of the maintenance plan.
The coverage offered by the maintenance plan comes into force on the day of subscription to the maintenance plan. The maintenance plan is subject to an initial duration of 12 months from the date of subscription and termination fees equivalent to the remaining commitment period will be invoiced if the Subscriber prematurely terminates his contract. At the end of the initial period, the maintenance plan will remain in force on a monthly basis, according to these terms.
Invoicing will be made directly on the Subscriber's account statement and at the regular invoicing frequency.
The Company reserves the right to modify the applicable maintenance plan rate at any time.
14. Conditions regulating the use
The Subscriber agrees to use the service in compliance with policies and procedures stipulated in the Terms of Acceptable Use available on the Company's Internet site and those that may be transmitted from time to time to his main email address.
In the case of non-compliance with service use conditions or if it is used in an abusive manner or contrary to normal usage thus disturbing other Company subscribers, the Company reserves the right to suspend or limit, without prior notice, all services it provides to the Subscriber and to remove all installations and equipment it owns.
The Company remains at all times owner of any IP address it attributes to its subscribers. IP addresses may change at all times and without prior notice. The Company declines any responsibility in regards to claims, damages, losses or expenses resulting from any change of IP address.
High speed Internet services are available only where the technology permits it.
15.1 - Purchase of equipment
All purchased equipment may be subject to an exchange or reimbursement within 10 days of the date of purchase and with presentation of the invoice. However, the Subscriber may not contract out of terms of an agreement made during a promotional contract.
15.2 - Leasing of equipment
If the Subscriber does not want to purchase the equipment, the Company offers the possibility of leasing it.
The equipment leased by the Subscriber remains the property of the Company at all times. If the service is cancelled or the agreement is terminated for any reason whatsoever, the equipment and related material that the Subscriber has received must be given back. Leasing fees will be invoiced to the Subscriber until the equipment and related material have been received by the Company. In the case where the material would not be given back to the Company, it reserves the right to invoice to the Subscriber a price equivalent to the current market's replacement value. The Subscriber agrees to use the equipment he leases and any other material or software that he was given and to ensure its maintenance in compliance with operation instructions he has received from the Company, its authorized representatives, agents or suppliers, accordingly. Furthermore, the Subscriber agrees to return them in good condition at his expenses and risks. The Subscriber assumes all risks of theft, damage or destruction of this equipment until it has been received by the Company. All Subscriber's obligations pertaining to this equipment and any other equipment or software that he was given will remain in force despite the expiry or termination of this agreement in the measure required by their execution.
16. Installation appointment
The Company shall not be held liable in regards to any claim, damage, loss or expense including, but not being limited to, any loss of salary or day of work if the installation appointment is missed.
The Company shall not be held liable of any corrupted file or virus that may disrupt the service use. It is the Subscriber's responsibility to protect his system against the theft, hacking, unauthorized use or corruption of his data using appropriate means such as software available on the market. Any prejudice caused to the Internet network by the Subscriber's negligence to adequately secure his system may result in the immediate termination of his subscription to the service.
It is strictly prohibited to the Subscriber to demand payment or any other element of service to any purpose whatsoever. Any violation of this interdiction may result in the immediate termination of the service.
19. Personal information
The Subscriber confirms that personal information that concerns him provided to the Company is exact and he acknowledges having been informed that: i) his personal information will be used for the management of his client file (credit, invoicing, collection); ii) information contained in his client file will only be accessible when necessary to Company employees or authorized representatives during the performance of their tasks and in accordance with intended purpose; and iii) his client file will be kept at the Company's customer service whose coordinates are indicated on the Subscriber's account statement to whom he shall send any request for access or for modification to his personal information. The Subscriber agrees to immediately inform the Company of any change to personal information he has provided to the Company.
20. Applicable laws
This agreement is governed by the laws applicable in the Province of Quebec and is subject to the jurisdiction of courts in the district of Québec.
The fact that the Company does not avail itself of a contract clause shall not be interpreted as a waiver of this clause.
If one of the contract clauses is declared null and illegal, it shall not make the other clauses of the said contract null and illegal.
If there is modification to the contract, the Company agrees to notify the Subscriber 30 days prior to the said change.