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Terms & Conditions
PLEASE READ CAREFULLY: THIS AGREEMENT SETS FORTH THE CONDITIONS PURSUANT TO WHICH VIDÉOTRON WILL PROVIDE YOU WITH INTERNET ACCESS. THIS AGREEMENT REPLACES ALL PRIOR AGREEMENTS.
BY ACCESSING THE INTERNET THROUGH VIDÉOTRON'S INTERNET ACCESS SERVICE AT ANY TIME AFTER RECEIPT OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THESE PROVISIONS.
AGREEMENT - INTERNET ACCESS SERVICE
TERMS AND CONDITIONS
1. OBJECT
1.1 The customer requires Vidéotron (1998) ltée ("Vidéotron") to provide the customer with the following services (the "Services") and Vidéotron agrees to provide same:
1.1.1 Internet access service, in accordance with the specifications agreed upon between the customer and Vidéotron (the "Specifications"); and
1.1.2 if applicable, the lease of a cable modem in accordance with the Specifications (the "Equipment").
1.2 If the service is indeed a cable modem access service, if subsection
1.1.2 does not apply to the customer and if the customer does not own a compatible cable modem, the customer shall purchase the Equipment, in accordance with the Specifications, from Vidéotron or from an authorized retailer who hereby agrees to sell same to the customer.
1.3 The customer acknowledges that Vidéotron has provided the customer with an adequate description of the Services.
1.4 All services or equipment in addition to those provided for in this Agreement shall be provided, leased or sold to the customer, as the case may be, upon the terms and conditions set forth in this Agreement.
2. PAYMENT
2.1 In consideration for the Services provided to the customer, the customer shall pay the charges described in the Specifications (the "Monthly Charges") as well as the installation charges provided for in the Specifications if the Equipment is being leased or purchased, the purchase price of the Equipment if the Equipment is being purchased, as well as the activation fees, the delivery costs and other costs related to the work carried out by Vidéotron in accordance with section 3.7.
2.2 All the charges described in section 2.1 shall be payable by the customer as of Vidéotron's first invoice for the Services, in accordance with the rates established by Vidéotron, of which the customer acknowledges having been properly informed; Vidéotron may modify these rates from time to time in whole or in part, upon prior notice of at least thirty (30) days to the customer, except in the case of a Reduced Rate Agreement (section 10.1), in which event the modification shall come into effect upon the expiry of the Fixed Period or any renewal period, as the case may be. Upon the resiliation of this Agreement for any reason whatsoever, all installation charges, activation fees, delivery costs and Monthly Charges or any unpaid portion of the foregoing shall become immediately due and payable.
2.3 The Monthly Charges shall be payable in advance on a monthly, quarterly, semi-annual or annual basis, as provided in the Specifications. Notwithstanding the foregoing, if the Services consist of Internet access through a telephone line, the Monthly Charges may not be paid on a quarterly basis.
2.4 Vidéotron shall have the right to verify the customer's creditworthiness and to require, at any time, a remittance on payment of a sum determined by Vidéotron, as a condition for providing the Services. Vidéotron shall inform the customer of the specific reason for the requirement of a remittance on payment.
2.5 All the charges contemplated in this Agreement shall be payable upon receipt of an invoice from Vidéotron or upon presentation of any form of preauthorized payment.
2.6 In consideration for Vidéotron providing accessory services, at the customer's request, after the establishment of the Services, which accessory services shall include, without limitation, connection, installation and repair work, reconnections following interruptions of the Services, the installation of additional plugs, moving existing plugs, the expenses related to a modification of the Services and service calls which are not attributable to a fault on the part of Vidéotron, the customer shall pay the charges invoiced, in accordance with the rates established from time to time by Vidéotron, which rates shall be provided to the customer upon request.
2.7 The cost of excess use of the Services, as set forth in section 3.4, shall be invoiced, if applicable, and payable upon receipt of an invoice sent at Vidéotron's convenience.
2.8 The customer shall be in default by the mere lapse of time for fulfilling its payment obligations under this Agreement. Compound interest at a rate of 1.5% per month (19.56% per year) shall be charged on all overdue accounts. The interest shall be calculated daily and compounded on each billing date following the initial billing date for the amount owed. As long as an account is outstanding, Vidéotron shall issue an invoice to the customer each month. All partial payments shall first be applied to the interest and then to the capital, beginning with the oldest amounts outstanding.
2.9 Vidéotron shall invoice the customer a charge of $20 for all cheques returned for insufficient funds and a charge of $20 for all preauthorized payments which are refused by the customer's financial institution.
2.10 As regards a customer who has insufficient creditworthiness in Vidéotron's reasonable opinion, who refuses to provide to Vidéotron, from time to time, satisfactory information as to its creditworthiness or who, in Vidéotron's reasonable opinion, presents other financial risks, Vidéotron may resiliate this Agreement or require a remittance on payment or other reasonable security before providing the Services or during the term of this Agreement.
2.11 Subject to section 5.2, all the charges described in this Agreement or communicated to the customer exclude current and future applicable taxes, which taxes shall be paid by the customer in addition to the said charges.
3. PROVISION OF SERVICES
3.1 Licence. Vidéotron, on its behalf and on behalf of its licensors, hereby grants the customer a non-exclusive and non-assignable licence to use the installation software for Vidéotron's Internet kit on the number of computers agreed upon in the Specifications. As regards Vidéotron's Internet kit software or software made available to the customer by Vidéotron by any other means, including through FTP servers or other Vidéotron servers, the customer shall not be authorized to modify such software, use it for other purposes, decompile (reverse engineer) it or copy it, other than in accordance with the terms of the user licence.
3.2 Condition of the Equipment. The Equipment shall be deemed to have been received in good operating condition and repair unless the customer otherwise notifies Vidéotron promptly after delivery of the Equipment.
3.3 Prohibition. The customer shall not assign its rights in this Agreement, it shall not lease, assign or lend the Equipment which has been leased, and it shall not resell, redistribute or otherwise reproduce the Services, unless, in each case, it has obtained the prior written consent of Vidéotron.
3.4 Maximum Use. The customer agrees that use of the Services in an "unlimited" manner refers only to the usage time and is based upon intermittent use. Notwithstanding any contrary provisions, Vidéotron may impose certain reasonable conditions and limits on the customer's use of the Services.
3.4.1 If the customer is subscribing to A high speed Internet package, this Agreement entitles the customer to ten (10) gigabytes (10 240 megabytes) per month of downloading (from the Internet to the customer) and five (5) gigabytes (5 120 megabytes) per month of uploading (from the customer to the Internet).
3.4.2 If the customer is subscribing to Extreme high speed Internet package, this Agreement entitles the customer to twenty (20) gigabytes (20 480 megabytes) per month of downloading (from the Internet to the customer) and ten (10) gigabytes (10 240 megabytes) per month of uploading (from the customer to the Internet).
3.4.3 If the customer is subscribing to Basic cable modem Internet package, this Agreement entitles the customer to one (1) gigabyte (1 024 megabytes) per month of downloading (from the Internet to the customer) and one (1) gigabyte (1 024 megabytes) per month of uploading (from the customer to the Internet).
3.4.4 All additional monthly transfers of data shall be invoiced at a cost
of $ 0,00776 per megabyte used in excess of the aforementioned limits.
3.5 Internet Address. Vidéotron shall attribute an Internet e-mail address to the customer. The e-mail address shall remain Vidéotron's property at all times. If this Agreement is terminated, the customer alone shall be responsible for giving notice that the customer may no longer be contacted at the e-mail address that Vidéotron had attributed to it.
3.6 Speed. Speed is affected by congestion on the Internet. Therefore, Vidéotron does not guarantee the level of performance/speed of the Services.
3.7 Work Performed By Vidéotron. Depending upon the circumstances, at the customer's request and expense, Vidéotron shall carry out or cause to be carried out the connection, installation and repair work which it deems necessary to allow the customer to use the Equipment and to be in a position to receive the Services. All connections and systems provided by Vidéotron shall remain the property of Vidéotron.
3.8 Modifications. Upon prior notice of at least thirty (30) days to the customer, Vidéotron may reasonably modify the composition of the Services or amend any provision of this Agreement. However, no prior notice shall be required as regards a modification to the composition of the Services if Vidéotron's performance of such Services remains substantially the same and if the charges payable by the customer are not thereby increased. Any notice from Vidéotron to the customer may be sent by e-mail to the customer's Internet address.
4. OBLIGATIONS OF THE CUSTOMER
4.1 Installation and Configuration of the Software. The customer shall be responsible for installing the software necessary to receive the Services including, if applicable, configuring its telephone telecommunications software in order to avoid long distance charges which may result from an improper configuration. Accordingly, if long distance charges are imposed due to improper configuration or due to the location from which the customer is accessing the Services, the customer shall assume such charges.
4.2 Installation by the Customer. The customer may install the cable modem through a USB port or an Ethernet card as well as through any other appropriate accessory.
4.3 Compliance with Laws and Netiquette. The customer shall not use or allow the use of the Services in a manner or for a purpose which is abusive or contrary to any law or regulation in force. The customer agrees to abide by the rules of Netiquette, which rules are included in this Agreement, mutatis mutandis.
4.4 Servers Forbidden. The customer shall refrain from using the Services to operate an Internet server (such as FTP, HTTP, IRC, MP3, PROXY, SMTP, POP or other).
4.5 Hosting Rules. The following Internet hosting rules shall apply to any personal Web page of the customer hosted on the Internet servers of Vidéotron or its agents. The customer expressly acknowledges that Vidéotron's obligation under this Agreement is limited to providing the Services to the customer. Hosting of the customer's Web pages is provided solely in order to accommodate the customer and shall not constitute an obligation on the part of Vidéotron or a right in favour of the customer:
4.5.1 the content of the Web pages shall not: (i) be or potentially be immoral, defamatory or hateful; (ii) adversely affect or potentially adversely affect the reputation of any person; (iii) infringe or potentially infringe any third party intellectual property right, title or interest; or (iv) cause or potentially cause any damage to a third party;
4.5.2 the content of the Web pages shall comply with all applicable laws, regulations and orders. In addition, the customer shall not: (i) access a third party Internet server without the third party's authorization; (ii) modify the content of third party Web pages; or (iii) otherwise commit or attempt to commit an illegal act;
4.5.3 the Web pages shall be free of design or operating defects and shall not contain any virus;
4.5.4 the customer shall use the Internet servers of Vidéotron or its agents solely for purposes of hosting Web pages. In particular, such use shall not be excessive, abusive or for purposes other than the hosting provided for in this section;
4.5.5 no Web page shall be designed to allow the display of all or part of the content of the Web pages of another person without having obtained the prior written consent, as applicable, of the owner of the Web pages;
4.5.6 the customer shall have sole responsibility for selecting the domain name and content of its Web pages, for updating them and for any damages which may result from the use thereof, the display thereof or any unauthorized access thereto;
4.5.7 the customer shall limit its total Web pages to five (5) megabytes of disk space.
4.6 Withdrawal of Web pages. Vidéotron may, upon giving a notice to the customer, including a notice by e-mail to the customer's Internet address, immediately interrupt hosting of the customer's Web pages if Vidéotron is of the opinion that the customer is in breach of any of the provisions of section 4.5 or if Vidéotron receives a notice to that effect from a third party.
4.7 Required Computer. The customer shall provide a computer system which meets the minimal requirements necessary for use of the Services as well as all other equipment required which is not provided by Vidéotron under this Agreement. Moreover, the customer acknowledges that Vidéotron shall not provide the customer with any service relating to the installation and/or configuration of its internal computer network.
4.8 Communications Link. The customer acknowledges that as regards the Services, Vidéotron's obligation shall be limited to providing the customer with access to the Internet. A customer who accesses the Internet through a telephone line shall obtain the communications link necessary to access the Internet.
4.9 Simultaneous Connections. The customer shall be responsible for access to the Services using its username and password and for preserving the confidentiality of its information. Simultaneous connections using the same username and password shall be forbidden. Any breach of this provision shall be a default and may give rise, at Vidéotron's option, to additional charges in accordance with the rates established from time to time by Vidéotron, which rates shall be communicated to the customer upon request, or to the resiliation of this Agreement by Vidéotron.
4.10 Number of Computers. The customer shall not connect a greater number of computers to the Equipment than the number provided for in the Specifications. Unless Vidéotron's prior written authorization has been obtained, no additional plugs or connections shall be installed or made by anyone whomsoever other than Vidéotron or its authorized representatives.
4.11 Access to the Premises. The customer shall provide Vidéotron with access, at all reasonable times, to the premises where the installation has been made and where the Equipment has been delivered, for all purposes relating to this Agreement, including for the purpose of verifying the installation, the condition of the Equipment which has been leased or the use of such Equipment.
5. LEASE OF THE EQUIPMENT
This article 5 shall apply solely to a customer who, in accordance with the Specifications, leases the Equipment from Vidéotron.
5.1 Use of the Equipment. The customer shall use the Equipment in a careful and diligent manner and solely for the purposes for which it is intended. Without limiting the generality of the foregoing, the customer shall not modify or alter the Equipment or connect it to equipment other than the number of computers which are agreed upon in the Specifications and which are located in the premises where the Equipment has been installed. Unless Vidéotron has given its prior written consent, the Equipment shall not, under any circumstances, be placed elsewhere than at the address indicated in the Specifications. If the Equipment is defective, only Vidéotron or its authorized representatives may carry out the repairs.
5.2 Loss of the Equipment. If the customer loses the leased Equipment or if the Equipment sustains damage making it unusable, even if such loss or damage results from superior force or an external cause, the customer shall pay liquidated damages to Vidéotron in the amount of $399 plus taxes.
6. PURCHASE OF THE EQUIPMENT
This article 6 shall apply solely to a customer who, in accordance with the Specifications, purchases the Equipment from Vidéotron.
6.1 Final Sale. Subject to the provisions of the Consumer Protection Act (Quebec), if applicable, the sale of the Equipment shall be final and the Equipment may not be returned or the purchase price reimbursed.
6.2 Work Performed By Vidéotron. Upon request by the customer, Vidéotron shall carry out the installation of the Equipment on the customer's computer system or cause such installation to be carried out, the whole at the customer's expense.
6.3 Warranty on the Equipment. The Equipment shall be warranted against all manufacturing defects for a period of one (1) year as regards parts and labour. The term of the warranty shall begin on the date of installation of the Equipment. Vidéotron shall replace any defective Equipment in accordance with the terms of the warranty, provided that the customer notifies Vidéotron of the defect during the warranty period. Notwithstanding the foregoing, the warranty shall not apply to any breakage or defect resulting from accidents or superior force, from changes to the Equipment or from misuse or improper use thereof. The warranty provided for in this section may not be transferred.
7. WARRANTY FOR SERVICES
7.1 Vidéotron does not make any express or implicit representation or warranty regarding the Services, beyond the obligations imposed upon it pursuant to this Agreement.
7.2 Without limiting the generality of the foregoing, Vidéotron does not warrant: (i) the continuous operation of the Services or of their hardware or software components; or (ii) that the Services will meet the customer's needs, that their use will be free of any bugs or interruptions or, if applicable, that all operating problems will be solved.
8. LIMITATION OF LIMITATION OF LIABILITY
8.1 Vidéotron shall carry out its obligations under this Agreement in a diligent manner and to the best of its ability.
8.2 Except in the event of gross or intentional fault on the part of Vidéotron, Vidéotron shall not be liable towards the customer or any other person for damage of any kind whatsoever caused by it or by persons under its control. Without limiting the generality of the foregoing, Vidéotron shall not be liable for property damage (including damage relating to software) resulting from a modification to the configuration of the software, from a computer virus, from the content, use, validity or quality of the Services provided through the Internet, from an Internet failure, from the loss or destruction of data through hacking or otherwise or from the unauthorized interception of communications or delays in the transmission or receipt thereof. If Vidéotron is nevertheless held liable for loss or damage of any kind whatsoever, its liability shall be limited to crediting the customer with an amount equal to the Monthly Charges payable by the customer for a period of one month.
8.3 The customer shall have sole responsibility for taking all security measures reasonably necessary in order to ensure the protection of its data and computer system.
8.4 Notwithstanding section 8.2, if the Services are interrupted due to any cause whatsoever, Vidéotron's liability shall be limited to crediting the customer, upon written request from the customer, for the Monthly Charges in proportion to the duration of the interruption, the whole calculated on an hourly basis. The credit shall be calculated as of the moment the customer informs Vidéotron of the interruption. All credit requests from the customer must be received by Vidéotron within thirty (30) days after the interruption.
8.5 Notwithstanding section 8.2, the customer shall be entitled to a credit for any total interruption of the Services, provided: (i) it has notified Vidéotron thereof; (ii) the interruption continued for at least forty-eight (48) consecutive hours after the notice; and (iii) the customer has sent a written credit request to Vidéotron within fifteen (15) days after the said notice.
9. INDEMNIFICATION BY THE CUSTOMER
9.1 The customer shall take up the defence of Vidéotron as regards any claim, action or proceedings (a "Claim") made or instituted by a third party against Vidéotron or its affiliates in which facts are alleged which constitute or may constitute faulty conduct on the part of the customer or a failure by the customer to fulfill any of its obligations under this Agreement, and the customer shall indemnify Vidéotron or its affiliates for any damages caused to them due to its faulty conduct or the breach of its obligations. Vidéotron may participate in the defence of all Claims, at its own expense, and may be represented by a lawyer selected by it.
10. TERM AND RESILIATION
10.1 Term. Save as hereinafter provided, a subscription to the Services shall be for a minimum period of thirty (30) days, automatically renewable for additional successive periods of thirty (30) days. Except for a Reduced Rate Agreement, payment in advance on a basis other than monthly shall only be a term of payment and shall not grant the customer any benefit whatsoever nor any protection against rate increases applicable to any portion of the period for which the customer's most recent payment has been received. The customer may resiliate this Agreement at any time upon prior written notice of at least thirty (30) days to Vidéotron, except if the subscription to the Services is for a fixed period of more than thirty (30) days (the "Fixed Period") and pursuant to such subscription the customer benefits from charges, monthly or otherwise, which are lower than those which it would otherwise have been required to pay were it not for the Fixed Period (a "Reduced Rate Agreement").
In the case of a Reduced Rate Agreement, the subscription to the Services shall be for the Fixed Period and may not be resiliated before the expiry of the term; upon the expiry of the Fixed Period, the subscription to the Services shall be renewed automatically upon the same terms (subject to any rate increase of which the customer may be informed in the manner provided for in the Reduced Rate Agreement) for additional successive periods having the same duration as the Fixed Period, unless Vidéotron receives a non-renewal notice at least ten (10) days before the expiry of a Fixed Period for the subscription to the Services or unless it resiliates the Reduced Rate Agreement in the manner provided for therein. If the customer resiliates the Reduced Rate Agreement before the expiry of the Fixed Period or the renewal period, the customer shall pay Vidéotron damages in an amount equal to fifty percent (50%) of the Monthly Charges which would otherwise have been payable up to the expiry of the Fixed Period or renewal period. If the customer resiliates this Agreement after the purchase of the cable modem, the following penalties shall apply:
To a bidirectional access with a commitment of 6 or 12 months renewable automatically at the end of the period a penality equal to 50% of the monthly payments remaining under the contract
To a lease of the modem with a commitment of 6 or 12 months renewable automatically at the end of the period 50% of the monthly payments remaining under the contract
To a purchase of modem, the rebate, if any, granted by Vidéotron upon the purchase of the cable modem
In any event, if the customer has received a notice from Vidéotron pursuant to section 2.2 or 3.8 of this Agreement, the customer may resiliate this Agreement without penalty or request Vidéotron to modify the composition of the Services or the term of the customer's subscription, with effect as of the date mentioned in the notice, provided that at least ten (10) days before this date, the customer gives Vidéotron a prior written notice to that effect.
10.2 Establishment of Services. Following Vidéotron's acceptance of the customer's application for the Services, Vidéotron shall provide a verbal or written confirmation of the start date of the Services. Vidéotron may, upon reasonable grounds and provided it gives the customer a prior notice to that effect, accelerate or postpone the start date of the Services.
10.3 Resiliation of Services. Vidéotron may resiliate this Agreement at any time upon prior notice of at least thirty (30) days to the customer, unless the resiliation results from the customer's breach of any of its obligations under this Agreement, in which case no prior notice shall be required, subject to section 10.4.
10.4 Interruption or Resiliation Due to Overdue Account. Vidéotron may interrupt the Services or resiliate this Agreement if the customer fails to pay an overdue account, provided that this account has been outstanding for more than fifteen (15) days after its due date. Before interrupting the Services, Vidéotron shall give the customer a prior written notice of at least five (5) days stating the reason and the scheduled date of the interruption, the amount owed and, if applicable, the charges for re-establishing the Services, the costs of resiliating the Agreement if the customer does not make the payment within the said period of five (5) days and all costs payable by Vidéotron. The costs of resiliation shall mean: (i) the amount owed by the customer to Vidéotron in accordance with this Agreement; and (ii) all amounts payable by the customer to Vidéotron under this Agreement for the remaining balance of the term of this Agreement. Following the resiliation of the Agreement, Vidéotron shall refund to the customer any overpaid portion of the Monthly Charges.
10.5 Bankruptcy and Insolvency. This Agreement shall be resiliated as of right, without a notice being required, if the customer becomes insolvent, makes an assignment of its property for the benefit of its creditors or is declared to be bankrupt, if a receiving order or winding-up order is issued against the customer, or if the customer attempts to avail itself of any insolvency, bankruptcy or creditors' arrangement legislation.
10.6 Effects of Resiliation. All of Vidéotron's obligations shall cease upon the resiliation of this Agreement.
10.7 Collection Costs. The customer shall pay Vidéotron all the costs incurred by Vidéotron in order to locate or obtain possession of the leased Equipment or to collect any amounts due and unpaid under this Agreement. Vidéotron shall justify the costs to the customer.
11. PERSONAL INFORMATION
11.1 The customer confirms that the customer's personal information provided to Vidéotron is accurate; the customer acknowledges having been informed of the following when providing the said information: (i) the information will be used to manage the customer's file (credit, billing, collection); (ii) the information contained in the customer's file will be accessible to employees or mandataries of Vidéotron in the performance of their duties, but only when needed in connection with the file; and (iii) the customer's file will be kept at Vidéotron's Customer service department, the address of which shall be indicated on the customer's invoice and to which the customer shall make any written requests for access thereto or correction thereof. The customer shall inform Vidéotron promptly of all changes to the information provided by the customer.
11.2 The customer authorizes Vidéotron to cause third parties to carry out the usual credit investigations regarding the customer and, in this regard, to obtain information regarding the customer, record such information in the customer's file and disclose such information.
11.3 The customer authorizes Vidéotron to include the customer's name, address and telephone number(s) on its customer name list for purposes of business or philanthropic prospecting, as well as to provide the said list of names to its affiliates for the same purposes; the customer may terminate this authorization at any time, by means of a verbal or written request.
12. MISCELLANEOUS PROVISIONS
12.1 Extracts and Headings. If all or some of the terms set forth hereinabove appear on the back of a document other than the customer's Service Agreement, they shall constitute a cross-reference to the said terms of the Agreement. Headings have been inserted solely for ease of reference and shall not, in any manner whatsoever, affect the interpretation of the provisions of this Agreement.
12.2 Applicable Laws. This Agreement shall be interpreted in accordance with the laws in effect in the province of Quebec and shall be subject to the jurisdiction of the courts of the district of Montreal.
12.3 Customer Service. Any question regarding the Internet access service or the customer's account may be sent by e-mail to Vidéotron at the following address: serviceclient@videotron.ca.
12.4 Language. The parties hereto have requested that this Agreement and any document relating thereto be drafted in English. Les parties aux présentes ont exigé que cette convention ainsi que tout document s'y rapportant soient rédigés en anglais. |
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发表于 2003-1-24 14:38
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