TERMS OF SERVICE. For Service via internet, home phone or IPTV orders in United States and Canada

Transcription

1 TERMS OF SERVICE For Service via internet, home phone or IPTV orders in United States and Canada Agreement: This Agreement sets out how Speedip will provide the access to Speedip IPTV broadcasts, Video on Demand ( VOD ) and video related services to you in the United States and Canada for Services. For purpose of this Agreement, you shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the Speedip Term of Service in an Order Form, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Speedip subscription package will be treated as part of this Agreement. Payment must be paid in full to process your internet, home phone or TV orders to be done in advance. After application, 7 days waiting time is required for installation. 30 days notice is required for cancelling. If cancellation occurs during the first 6 months, Speedip will charge back all the promotion discount. Promotion only applies to new customers. Service available where technology permits Unlimited download subject to Fair Usage Policy and CRTC regulations. Speedip is not responsible for third party apps installed by customers on the IPTV boxes we provide. Speeds may vary with internet traffic server or other factors. Cable modem & FTTN modem can be returned with original packaging within 6 months period of activation for 50% refund of the original price. Monthly promotional prices are fixed only for a year within the date of activation & after the 1st year prices may change without any notice.

2 We are not responsible for any phone number porting from other companies, if your previous provider refuses the porting. There is a fee for upgrading or downgrading packages from Speedip products. Authorized User Responsibilities: 1. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete. 2. You understand that all information provided by you will be relied upon by Speedip for the provision of Services thus shall be true and accurate. You agree that Speedip may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify Speedip whenever your personal information or billing information changes (including for example, your name, address, address, telephone number, and credit card number and expiration date). 3. You agree to use the Services for personal use only and in compliance with the then current Speedip Authorized Use Policy and any applicable laws and regulations. You understand that any use of Speedip Service and Equipment for commercial purpose is prohibited. 4. You accept that Speedip considers anyone using the Services at the installation address you provided to be authorized by you and you must pay all charges due from that use. 5. This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement. 6. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you. 7. You agree to provide Speedip with a valid major credit card upon request from customer only as the designated form of payment at initial sign-up, and will

3 maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon. 8. You agree to be up to date with your payments through Paypal, Interac e-transfer or bank direct deposit through your billing cycle. Authorization You agree to authorize Speedip to automatically charge your designated credit card upon request from customer as payment, otherwise payments through Paypal, Interac e-transfer or bank direct deposit for the following types of fees (including tax applicable) : a. Monthly Subscription Fee: For subscription to any monthly plan Package and to Promotional Plan which requires monthly payment. You will be charged at the beginning of each calendar month for the balance of that month's subscription fee. If the billing start date for new Monthly Subscription falls in the middle of a month, you will be charged a pro-rated fee for this partial month at the beginning of the next month together with the full monthly fee of the next month. b. Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. Speedip will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of Speedip. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable. (1) Equipment Fee and Equipment Deposit. (2) Late Payment Charge. (3) Suspension Fee. (4) Cancellation Fee. (5) Any additional charges for failure to return Leased Equipment. Dispute of Charges Your monthly statement of Speedip Services will be ed to you. If there is any dispute item in the statement, you shall notify Speedip of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as

4 described in Section Late Payments. Disputes can be filed either by calling Speedip at ( , Ext. 02) or sending to Please retain your proof of filing a dispute claim. Late Payment: If you delay payment, Speedip will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by Speedip. If you delay your payment for one (1) months from the date of billing, Speedip will initiate the collection procedure and charge you a late payment charge $25 CAD by way of compensation to Speedip for breaching the terms of this Agreement. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, Speedip, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies. 9. You agree that Speedip is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits,etc.) resulting from charges billed by Speedip. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), or any ways of payment not received by Speedip, Speedip will suspend the Services until you pay all amounts due upon demand by Speedip. Customer Reaffirmation Every time you use Speedip Services, you reaffirm that (i) Speedip is authorized to charge your designated credit card; (ii) Speedip may submit charges incurred under your account for payment; (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated; and (iv) insufficient checks that bounce will be charged $45.00 CAD Equipment 1. Purchased Equipment: If you elect to purchase a Speedip merchandise, you agree to pay the Equipment prices shown on and any applicable sales and usages. 2. Care of Speedip Property: You agree that neither you nor any other person (except Speedip's authorized personnel) will open, tamper with, service, make any

5 alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, rights of lien and retention by third parties over the Leased Equipment are expressed waived. 3. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by Speedip. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action. Iptv Services 1. Disruption of Services: You agree that in no event shall Speedip be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Speedip s reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to Speedip and Speedip may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that Speedip shall not be liable for any incidental or consequential damages. 2. Communication Charges: In order to receive Services from Speedip, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access Speedip Services. You also agree to bear any communication charges incurred by accessing Speedip Services through a third-party network, such as a cable or wireless carrier. 3. Customer Property: Speedip assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.

6 4. Access to Customer Premises: When you elect onsite installation, you agree to provide Speedip s representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the Speedip onsite installation is carried out. 5. Speedip maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that Speedip may also aggregate anonymous, nonpersonal information for reporting and analysis purposes related to your viewing and usage of Speedip Services. 6. You agree that Speedip may record your conversations with Speedip call center representatives for the purpose of tracking records and improvement of our Customer Service. 7. Reproduction of Programs: You agree that the programs provided by Speedip will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you to the Services or terminate your agreement with us. 8. Speedip's Rights: a. Speedip has no obligation to monitor content or Services accessible by means of the Speedip IPTV Set Top Box. However, you acknowledge and agree that Speedip has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers. b. Speedip shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Speedip's Equipment and Services. 9. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you. 10. Breach of Agreement: Speedip, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any

7 terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after Speedip s written notice; or (iii) if for reasons outside Speedip s control, Speedip cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. Speedip s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to Speedip in the event that Speedip shall find it necessary to preserve and protect its rights under this Agreement. 11. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Speedip and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages at Changing the Term of Service: Sometimes, Speedip will change the Term of Service. We will publish details of all changes online at Disclaimer: Speedip assumes no liability for any program or information distributed over the system unless locally produced by Speedip. Speedip shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Speedip. 14. Limitation of Liability: Speedip aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by Speedip will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Speedip. In no event shall Speedip(or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Speedip has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.

8 15. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you. Important Note Your phone line needs to be activate for transfer. We will only find and offer you the best deal in the market with an one year promotion. No contract necessary. We also offer modem as rental or purchase with the option of cancellation any time with a 30 days notice. We do not offer any technical support, but will redirect to your current provider to fix your issues. Speedip is not responsible for internet, home phone or IPTV issues. We will only provide basic phone call support. You will be billed by SpeedIp & your billing will be the same amount for one year from the date you start the service with us.