Terms & Conditions
As of July, 2007
- Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”] provides residential cable television services to its subscribers [hereinafter “Services”]. The Services are governed by the terms and conditions set forth in this agreement [hereinafter “Terms”] and the rules and regulations of the Canadian Radio-Television and Telecommunications Commission [hereinafter “CRTC”]. If there are any discrepancies between the Terms and the CRTC's rules and regulations, the CRTC's rules and regulations shall prevail.
- By using the Services, You expressly agree to be bound by the Terms of this Agreement and the CRTC's rules and regulations. If You do not agree with the Terms or the CRTC's rules and regulations, You may exercise Your right to terminate the Agreement according to the termination provision included herein and cease using the Services.
- Definitions for purposes of this Agreement include:
- “You” or “Your” means the subscriber to any Services acting for personal, family or household purposes, named on the invoice and responsible for paying the charges for the Services provided under the Agreement and shall be entitled to receive any notice and information relating to this Agreement or the Services; and
- “Agreement” means the agreement in effect from time to time between You and Source which is subject to amendment in accordance with section 15 hereof, including, but not limited to, the present Terms, and any other document or form designated by Source in accordance herewith as forming part of the Agreement.
- “Effective Date” means the commencement date of the Services supplied by Source to You, which corresponds to the activation date of the Services and, in the case of additional Services, the date on which Source activates such additional Services.
- “Equipment” means equipment rented or sold to You by Source or one of its authorized retailers, such as the decoder or digital terminal, as well as accessories such as remote controls.
- “Installation Services” means connection, installation, reconnection following an interruption of the Services, installation of additional outlets and relocation of existing outlets.
- “Minimum Charges” means the amount payable by You to subscribe to the Services for the minimum subscription period selected.
- “Specifications” means those specifications related to the Services and Equipment required by You and supplied by Source, and are set forth in Your account statement.
- “Support Services” means technical support, maintenance and repair service to allow You to enjoy the Services and use the Equipment supplied by Source. Any services related to the Equipment which are not covered by this Agreement are specifically excluded from Support Services.
- Subject to the Terms of this Agreement and CRTC's rules and regulations, Source agrees you provide you with (i) cable distribution and interactive capability, (ii) Installation Services, (iii) Support Services, (iv) rental, or where applicable sale of the Equipment, and (v) any additional services or equipment as the parties may agree to.
- Charges will commence as of the activation or delivery date of the Services. Your account is due and payable in full by the due date specified on the front of the invoice or as agreed by Your initial pre-authorized bank withdrawals or credit card payment authorization.
- You agree to pay the total charges due in accordance with section 5 hereof using any of the following methods, as agreed to by Source: (i) automatically by pre-authorized bank withdrawals or credit card payment; (ii) by mailing a cheque or money order to Source; (iii) by telephone/PC banking; or (iv) at any acceptable financial institution.
- You must pay amounts invoiced by the due date specified on the invoice. Any balance unpaid after the due date will be subject, at Source's sole discretion, to a late payment charge of 2% per month calculated and compounded monthly (26.82% per year) until paid in full. Overdue accounts are subject to cancellation of Service. An administration fee will be levied if Your credit card is denied or if Your cheque is returned. A fee may be charged if administration and/or account processing activities have occurred due to non-payment. The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits). Overdue accounts are subject to blocks, suspension and/or cancellation of all services billed on Your invoice.
- Overdue accounts for any particular Service billed by Source may result in cancellation of the Service. If a service call is required to restore Your Service which has been terminated for non-payment, a reconnection charge will apply.
You must bring invoice inquiries and disputes to Source's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects. Source will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.
Source and those acting on its behalf reserve the right to examine Your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You. Should Source at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Source will determine, at its discretion, how Your deposit or other security will be allocated to satisfy outstanding amounts owed by You to Source.
By subscribing to the Services, You authorize Source and those acting on its behalf, from time to time, to review Your creditworthiness and agree that this is our prior written notice to You of, and Your consent to our obtaining limited credit information about You from time to time. You will note that this review of Your credit will not be made public to any party other than Yourself, through Your own review of Your credit history. You also agree to provide any further appropriate authorizations and financial information as Source may reasonably request for this purpose. Source may use this information to better understand Your financial situation; to help us understand the current and future needs of our customers and to manage our business. Source may also give this information to credit reporting agencies, and, with Your specific consent, to other persons. If You have provided a deposit, no interest will be paid to You on the amount deposited nor will You be credited for any interest accruing on any amount deposited.
Source may, in its discretion, refuse to provide Services to You where:
- Source will incur unusual costs or expenses which You will not pay, for example, for securing rights of access to Your location, acquiring space in buildings, or for special construction;
- You owe amounts to Source that are past due or You have at any time had past due amounts owing to Source;
- You do not provide a security deposit or satisfy alternate security measures when requested by Source;
- Source has terminated Your services in the past; or
- Source does not provide the requested service in Your area.
- Source reserves the right, as a condition of its provision of Services, to demand that You purchase and maintain a minimum level of Service, the content of which may be established from time to time by Source based on regulatory requirements and Source's policies.
- Minimum Charges shall be billed in advance for the Services to be provided to the customer, the whole in accordance with the Specifications. The charges payable for the provision of Services for a portion of a period shall be pro-rated to the number of days of availability of Services to the customer in proportion to the total number of days included in such period. Advance payment on a basis other than monthly is merely a method of payment and does not grant You any advantage whatsoever or protection against any rate increase applicable to any portion of the period for which Your last payment was received, unless Source has contracted with You in writing to provide you with specifically agreed upon rate protection.
- You agree that all Equipment installed or provided by Source shall remain the property of Source, except for Equipment purchased and paid for by You which is neither returnable to nor refundable by Source. Fees may be charged to You for the installation of the Services and/or Equipment. You will protect Source's Equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Source to perform any work on such Equipment, unless otherwise expressly allowed by Source. You acknowledge and accept full responsibility for all Equipment installed by Source at the service address and agree to reimburse Source for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof. You are responsible for returning rented Equipment upon termination of a Service or this Agreement, to Source's closest retail location or, in the absence of such retail location, to contact Source to arrange for Equipment return. In the event You fail to return said Equipment or fail to comply with the Terms, Source may, at its option, repossess such Equipment and charge You any costs incurred in connection therewith, or charge You the full replacement cost of the unreturned Equipment.
- You hereby grant Source, its employees, representatives, contractors, subcontractors and agents reasonable access to Your premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Services or Equipment. Charges may apply if a service call is required to restore any of Your Services and it is determined that the problem does not originate with Source. In addition, charges may apply in the event that You expressly request that the Services delivered by Source be downgraded.
- If You do not own the premises where the Services are provided, You warrant that You have the consent of the owner of the premises or otherwise have the authority to allow Source to install, inspect, service, maintain, remove or disconnect Services.
- You can obtain more information about the fees applicable under this Agreement at www.sourcecable.ca or by contacting Source's customer service at 1-866-785-7851.
- Source may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below, if applicable) at intervals of at least 30 days. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Source distributes and You receive the Services. Source will provide written notice to You at least 30 days but not more than 90 days before the effective date of change, modification, addition or removal, which notice may be sent via e-mail, mail or any other means of providing written notice. Following receipt of such notice, You may agree to accept any such change, modification, addition or removal by continuing to use the affected Service. If You do not agree to any such change, modification, addition or removal proposed in the notice, You may, before the effective date, notify Source that You are terminating the Agreement in accordance with section 16 of this Agreement and/or the provisions of the notice and cease using the Service in question thereafter. If You do not give any such notice to Source by the effective date, then the proposed changes to this Agreement will become effective on the effective date.
- Subject to the qualification set out in section 17 below, You may at any time cancel this Agreement. You shall remain liable for the payment of all outstanding balances accrued up to the date of termination.
- If an Agreement results from You subscribing to a Service as part of a promotion (“Promotion”) offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, this Agreement shall be for a term of at least the minimum contract period required by the Promotion (the “Promotion Period”). Should You cancel a Service before the expiry of the Promotion Period, You shall pay Source the penalties indicated in the Promotion and in the Agreement. Following the expiry of the Promotion Period, You may terminate the Agreement or cancel the Service at any time.
- In addition to all other rights given to Source under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Source may: (a) at any time, upon at least five (5) days' prior notice to You, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to You, disconnect or suspend Your access to the Services or cancel the Agreement (i) if You fail to comply with one or more of the provisions of the Agreement other than Your payment obligations contained in sections 5 and 6 hereof; or (ii) upon the occurrence of any act of bankruptcy on Your part, or if You become insolvent, rely upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against You.
- SOURCE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. SOURCE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO YOU. YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, ASSOCIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THIS AGREEMENT. IN NO EVENT SHALL SOURCE HAVE ANY LIABILITY TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. WHERE PERMITTED BY APPLICABLE LAW, SOURCE'S MAXIMUM LIABILITY TOWARD YOU SHALL BE LIMITED TO CREDITING YOU AN AMOUNT EQUAL TO YOUR MONTHLY CHARGES PAYABLE FOR A MAXIMUM PERIOD OF ONE MONTH. THE PRESENT SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT.
- Notwithstanding section 19, in case of interruption of the Services attributable to any cause whatsoever other than Your fault, Source's liability shall be limited to crediting, upon Your written request, the minimum charges proportionally to the duration of the interruption in relation to the total period for which You must pay minimum charges, calculated on an hourly basis, provided the following conditions are met: (i) You have notified Source in writing, (ii) for Services other than pay-per-view, the interruption lasted for a period of at least forty-eight (48) consecutive hours after the notice and (iii) You have sent a written request for credit to Source within fifteen (15) days following such notice.
- Source may offer certain Services to existing or new customers free of charge for purposes of Promotion. In such an event, Source shall under no circumstance owe any amount whatsoever to You if You do not enjoy the benefit of the Promotion.
- You agree to indemnify Source and hold it harmless with respect to any claim, lawsuit, proceeding or formal notice, including judicial and extrajudicial fees, whether a case is well-founded or not (a “Claim”), by a third party against Source in which there is an allegation of facts that constitute or may constitute misconduct on Your part or Your failure to comply with any of Your obligations under the terms of this Agreement, and You agree to indemnify Source for damages caused by Your misconduct or failure to meet Your obligations. Source shall be entitled to take part in the defense against any Claim, at its expense, and to be represented by a lawyer of its choice.
- Source collects personal information on You and uses such information to develop and maintain its relationship with You, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess Your interests, wants and needs with a view to improve current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless You provide express consent or unless disclosure is pursuant to a legal power, all information kept by Source regarding You, other than Your name, address and listed telephone number, is confidential and may not be disclosed by Source to anyone other than:
- A person who, in Source's reasonable judgment, is seeking the information as an agent of Yourself; or
- An agent retained by Source in the collection of Your account, provided the information is required for and is to be used only for that purpose.
Express consent to disclosure may be taken to be given by You, where You provide:
- Written consent;
- Oral confirmation verified by an independent third party;
- Electronic confirmation through the use of a toll-free number;
- Electronic confirmation via the Internet;
- Oral consent, where an audio recording of the consent is retained by the carrier; or
- Consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.
- In light of the above, You hereby expressly consent to Source requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding Your accounts and their accounts. You also hereby expressly consent to Source requiring and collecting from You, and providing to third parties, personal information for the purposes set forth in the first paragraph of this section, and for those purposes only. For more information about the privacy of Your personal information, please visit our website at www.sourcecable.ca.
- Following delivery of the Equipment, You agree to notify Source promptly of any defect, failing which You shall be deemed to have received the Equipment in good repair and working condition. Furthermore, in the event that You have not received the Equipment within ten (10) business days of Your order of the Equipment to Source, You agree to notify Source accordingly.
- You shall use rented Equipment with care, caution and diligence. You also agree to comply with the instruction manuals provided by Source, where applicable, and any instructions or requirements of Source related to rented Equipment. Moreover, You will not modify or alter rented Equipment.
- You may not connect Equipment to a number of television sets or receivers greater than the number indicated in the Specifications or install additional outlets, failing which You shall be liable to civil and criminal sanctions. Except with the prior written consent of Source, You may not use Equipment unauthorized by Source for the purpose of using the Services. Furthermore, the Equipment may not be transported to a location other than that mentioned in the Specifications, without the prior written authorization of Source.
- The law forbids receipt of services or partial services without having paid for them, except with the permission of Source. Any departure from the law may lead to civil or criminal sanctions.
- You agree, to the extent reasonable, to allow free access to a duly authorized Source representative, during normal business hours, to the premises where the Services are provided to You and where Equipment is located for the purpose of ensuring compliance with Your obligations under this Agreement.
- You acknowledge that in the event Support Services are supplied by Source to You and as a result of a defect in Your video system or Your video or audio system fails to meet the minimum necessary requirements, additional Support Services charges may be billed to You by Source.
- It is expressly understood by the parties that Source shall remain the owner of any rented Equipment and that such equipment shall remain the sole and complete property of Source.
- In the event that You lose or damage rented Equipment, even if this loss or damage is the result of force majeure or a cause beyond Your control, You agree to pay Source, as liquidated damages, the replacement cost of said Equipment, plus applicable taxes.
- All Equipment sales to You by Source are final, subject to the Consumer Protection Act. No refund or exchange shall be made without Source's consent.
- Any Equipment sold to You shall be warranted against any manufacturing defect for a period of one (1) year for parts and labour. The warranty period shall be calculated from the Effective Date. Source shall replace any defective Equipment by identical equipment or another model in accordance with the terms of the warranty, provided You notify Source of the defect within the warranty period. Notwithstanding the foregoing, the warranty does not apply to any breakage or defect resulting from accidents or force majeure, modifications to the Equipment without Source's authorization, misuse or abuse of the Equipment. In case of defective Equipment, You agree to notify Source promptly so that a duly authorized representative of Source can make the necessary inspection.
- Source makes no express or implied representation or warranty regarding the Services and Equipment, other than its obligations under this agreement. The Services and Equipment are supplied “as is”, contingent on availability.
- Without limiting the generality of the foregoing, Source does not warrant (i) the uninterrupted functioning of the Services or their hardware components, (ii) that the Services meet Your needs or (iii) the performance, availability, use or uninterrupted functioning of the Service and, where applicable, that all functional problems can be resolved.
- Source makes no declaration concerning the Services and Equipment supplied under this Agreement. All representations, warranties or conditions of any nature whatsoever, express or implied, are hereby excluded to the extent permitted by applicable law.
- Source shall fulfill its obligations under this Agreement with diligence and to the best of its ability.
- Subject to the provisions hereafter, this Agreement shall come into force on the Effective Date.
- If Your subscription is part of a Promotion offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, the subscription shall be for the period covered by the Promotion (the “Promotion Period”) and may not be cancelled before such period ends. Upon expiry of the Promotion Period, the subscription shall be automatically renewed under the same conditions or at the regular rate in effect for this type of subscription in accordance with the conditions of such Promotion, unless Source receives a notice of non-renewal from You within ten (10) days preceding expiry of the Promotion Period.
- Notwithstanding the provisions of section 39, should You cancel a subscription contracted as part of a Promotion before the end of the Promotion Period, You shall pay Source as damages, a penalty equal to 50% of the monthly service and equipment rental payments remaining in the contract and forfeit any remaining discount that would otherwise have been provided during the Promotion Period.
- Where the provisions of section 15 apply, You may either cancel this Agreement or ask Source to modify Your Services for the duration of Your subscription, effective on the date of transmission of the prior notice sent to You.
- Subject to the provisions of sections 43, 44 and 45, Source may cancel this Agreement at any time.
- Source may cancel this Agreement or interrupt the Services at any time without prior notice and without prejudice to any of its rights to You in the event You fail to comply with one or more of the provisions of this Agreement.
- Source may interrupt the Services or cancel this Agreement if You fail to pay an account on its due date, upon prior written notice (which notice may include notice contained within Source's standard invoice) of at least five (5) business days to You indicating the reason and scheduled date of interruption of the Services, the amount due by You and, where applicable, the charges for restoring the Services, the charges for cancelling the Agreement if payment is not made by You within such period of five (5) business days and any other charges payable to Source. Cancellation charges mean: (i) the amount owed by You to Source in accordance with this Agreement and (ii) any amount payable by You to Source under this Agreement for the remaining period of this Agreement. Following cancellation of the Agreement, Source shall reimburse You, where applicable, the portion paid in excess of Your monthly charges. You may contact Source's customer service for any comment or information to such effect.
- This Agreement shall be cancelled as of right without any notice being required where You become insolvent, makes a general assignment of Your property for the benefit of Your creditors or are declared bankrupt, if You are placed under receivership or in liquidation or if You attempt to rely upon any law governing insolvency, bankruptcy or arrangements with creditors.
- Upon cancellation of this Agreement, all obligations of Source hereunder shall be extinguished.
- In the event this Agreement is cancelled, You agree to return any rented Equipment to Source promptly, and You further agree to pay Source all charges incurred by Source to locate the rented Equipment or obtain possession of same or to recover any amount due and unpaid under this Agreement.
- You are not authorized to transfer this Agreement or the Equipment without the prior written consent of Source. Any attempt by You to transfer this Agreement or the Equipment without the prior consent of Source shall be null and void. Source is authorized to transfer its rights or obligations under this Agreement or its interests herein.
- You shall not rent, transfer or lend the Equipment or permit use of the Services for personal gain or purposes of public representation.
- This Agreement sets out all the terms agreed upon between You and Source pertaining to the subject matter hereof, and takes precedence over all agreements, covenants, promises and representations relating thereto.
- The provisions of this Agreement shall be binding upon and enure to the benefit of You and Source and as well as your respective successors and assigns.
- No waiver of any provision or condition of this Agreement or covering any breach or default thereof shall be effective unless it is set forth in writing and signed by the party making such waiver, and the latter shall not constitute a waiver of any provision or condition of the Agreement or any subsequent breach or default of the same or a similar nature.
- The failure of Source to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.
- This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent, attorn and submit to all proceedings being conducted in the City of Hamilton.
- To the extent permitted by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services or related equipment; (c) oral or written statements, or advertisements or promotions relating to this Agreement, the Services or related equipment; or (d) the relationships that result from this Agreement (a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts. To the extent permitted by applicable law, You expressly agree to waive any right You may have to commence or participate in any class action against Source related to any Claim and, where applicable, You also agree to opt out of any class proceeding against Source.
Where applicable, arbitration will be conducted on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the Province of Ontario. If You prevail against Source on the merits of any Claim that You assert, Source will pay all reasonable costs associated with any such arbitration. You agree that the arbitrator will also have the discretion to award costs against You if You commence arbitration proceedings against Source but You do not prevail.
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