General Terms and conditions: Communications Service Contracts for Business clients

For the purposes hereof, the following definitions shall apply:

1.1 Your Address – the address indicated on the first page of the Contract.

1.2 Other Services – all Services offered to you by Videotron, other than the Basic Services, including (i) the initial installation of the Basic Service(s), (ii) the sale and leasing of Equipment, (iii) technical service calls, and (iv) access to emergency services.

1.3 You – a person or legal entity that procures a Service or Services for business use only.

1.4 Your Code(s) – the identification elements that are attributed to you by Videotron or by any other provider and subsequently transferred to Videotron, including telephone numbers, transition telephone numbers (used temporarily during a telephone number transfer), calling cards, personal identification numbers (“PIN”), email addresses, IP addresses, and web page URLs.

1.5 Contract – the telecommunications service contract concluded between you and Videotron, including its Schedule.

1.6 Equipment – equipment or software that Videotron provides, lends, leases, or sells to you, as the case may be, including SIM cards, Mobile Internet keys, mobile telephones, and other telecommunications equipment. Any third-party equipment that is not provided, loaned, leased, or sold by Videotron (“Third-Party Equipment”) is excluded from the definition. The use of such Third-Party Equipment is at your own risk.

1.7 Fees – the cancellation indemnity payable upon cancellation of a Contract and the compensatory indemnities payable for broken or lost Equipment.

1.8 Price – the price or monthly instalments payable by you for Services offered by Videotron, based on the type of Service, the type of subscription and, to the extent applicable, the subscription period selected by you, the whole in accordance with the Contract. For greater certainty, and unless the context should indicate otherwise, “Price” also refers to the selling price or the lease amount payable by you for Equipment.

1.9 Services – the Basic, Pay-Per-Use, Pay-Per-Usage, or Pay-Per-View Services, and the Other Services provided to you by Videotron, as stipulated in the Contract. Services specifically do not include any service or equipment not covered by the Contract, as well as any technical support that might be necessary due to your use of equipment or material that does not comply with the minimum requirements for use of the Services.

1.10 Basic services – the telecommunication Service or Services provided to you by Videotron. Basic Services also include, to the extent applicable, (i) the loan or supply of Equipment, when included in the Price of the Basic Service in question, (ii) the granting of an exclusive and non-transferable licence to use any software that may be necessary to provide a Basic Service, as described at greater length in the software licensing agreement accompanying said software, and (iii) any telecommunication service that is ancillary to a Basic Service, or any condition or option that is ancillary to such Service, including, without limitation, the Pay-Per-Use, Pay-Per-Usage, or Pay-Per-View Services.

1.11 Pay-Per-Use, Pay-per-Usage, and Pay-Per-View Services – services related to ad hoc and nonrecurrent events or your use of them, including, without limitation, video on demand, long-distance services, Internet overconsumption, purchase of mobile content, data overconsumption, etc.

1.12 Carrier – any third party who owns the network through which the Services are provided to you, where applicable.

2.1 In consideration of your payment of the Price of the Services and any other Fees owed, Videotron undertakes to provide you with the Services requested or used by you, in accordance with the terms and conditions set out in the Contract.

3.1 You are responsible for the use of the Services and Equipment, including fees related to any Third-Party Equipment used, and you hereby undertake to pay Videotron the Price and charges thereof in accordance herewith, along with applicable taxes. You further acknowledge that the use of Third-Party Equipment, computer programs, software, or other computer applications can increase substantially the data overconsumption of Pay-Per-Use, Pay-Per-Usage. and Pay-Per-View Services and therefore result in significant additional costs.

3.2 Subject to the following, the Price of the Services shall be invoiced monthly, in advance. The Price of the Pay-Per-Use, Pay-Per-Usage, and Pay-Per-View Services will be billed in advance according to their occurrence, based on the nature of the Service in question, at the price in effect at the time of their use.

3.3 You shall receive your invoice at the same billing frequency as the first Basic Service to which you subscribe, or at the usual billing frequency selected if you do not subscribe to other Basic Services.

3.4 The Price payable for a Service only provided during a portion of the invoicing period shall be calculated on a pro-rata basis of the number of days that Service was provided to you over the total number of days in the applicable billing period.

3.5 The amounts invoiced shall be payable on the due date indicated on the invoice sent to you. Any amount invoiced that remains unpaid after the due date shall bear interest at the rate of 1.5% per month, compounded monthly (19.56% per year), computed from the billing date. Any partial payment shall first be applied to the accrued interest, then to unpaid capital, starting with those amounts that have been overdue the longest before the payment date.

3.6 Videotron may, where circumstances warrant, demand the advance payment of certain Services, an interim payment before the normal billing date or a guarantee in the following cases: (i) you have no credit history with Videotron and you either cannot or refuse to provide satisfactory information on your solvency, (ii) you have an unsatisfactory payment history with Videotron, or (iii) you present an abnormal loss risk due to your financial situation or your use of the Services. Videotron shall inform you of the specific grounds for this requirement and any applicable conditions. In the case of interim payment, any amount you are required to pay shall be considered overdue 3 days after having been undertaken or 3 days after Videotron demands payment thereof, whichever is the later of the two. Should you fail to make an advance payment, an interim payment, or provide a guarantee, as the case may be, Videotron may demand the immediate payment of any amount owing.

3.7 You hereby authorize Videotron and any person acting on its behalf to check your credit records with any relevant financial institution before and throughout the term of the Contract, and at all times authorize said financial institutions and other information agencies to disclose your credit record information to us and to any person acting on our behalf. You hereby declare having disclosed any material fact or information respecting your financial situation which might change your ability to honour your obligations under the Contract.

3.8 Any amount invoiced in excess or erroneously should be credited to you, provided that you contest the amount in question within 90 days following the date of the invoice in question so as to allow Videotron to make the necessary verifications.

4.1 Videotron retains ownership of any Equipment that is provided, leased, or loaned. You undertake to use said Equipment with care, caution, and diligence. You are responsible for protecting and securing the Equipment.

4.2 You shall immediately notify Videotron should the Equipment provided, leased, or loaned be lost, stolen, broken, or destroyed. In such a case, regardless of whether you are at fault, and in case of Equipment not being returned at the end of the Contract, you agree to pay Videotron the compensatory indemnity set out in Schedule A.1 hereto. If you do not want to replace the Equipment that was stolen, lost, broken, or destroyed, and if you choose to cancel the Service associated with said Equipment, or if you cancel your Contract and fail to return the Equipment, you must then pay Videotron, in addition to the compensatory indemnity set forth in Schedule A.1, any other applicable Fees and other amount that would then otherwise be owing in respect of the Services offered.

4.3 Unless you receive the prior consent of Videotron, you cannot use Equipment or software that has not been authorized by Videotron for the purposes of benefiting from the Services. You may neither change nor alter the Equipment or the configuration of the Equipment provided, leased, or loaned.

4.4 You agree to abide by any user guide Videotron may provide, and with any other applicable Videotron guideline or requirement.

4.5 You may not use the Services or allow the Services to be used by any person for any purpose or in a manner that is abusive or contrary to the law, including, without limitation, in a manner that jeopardizes the Services, adversely affects Videotron or a third party, or use the Services unreasonably or disproportionately.

4.6 You may neither resell nor offer the Services to third parties, with or without consideration.

4.7 You undertake to grant a duly authorized Videotron representative reasonable access, during regular business hours, to the premises where the Services are or will be provided, as well as to the Equipment on site, and this for the purposes of installing, inspecting, repairing, and maintaining the Equipment or your equipment or that of a third party, to be able to work on the Videotron or a third-party network during an outage or disruption that causes the network to malfunction and to ensure that your obligations and/or Videotron’s obligations under the Contract are honoured. Before entering the premises, Videotron shall obtain your authorization, except in the case of an emergency or should Videotron obtain a court order. At your request, the Videotron representative shall present a piece of identification issued by Videotron.

5.1 Mobile Phone and Mobile Internet Services are covered by a satisfaction guarantee for the first 30 days following the activation of the Service. To take advantage of this guarantee, you must, when returning your Equipment, meet the following conditions: i) have used less than 50% (or less than 100% if you are a disabled person) of the call time and data included in your monthly Mobile phone or Internet plan. If your plan includes unlimited call time or data use, the condition will not apply to the unlimited use option. ii) Return the Equipment and its accessories to us in their original packaging and in quasi new condition, otherwise you shall be required to pay back its value.

5.2 Videotron neither offers nor gives any explicit or implied declaration, representation, or warranty whatsoever in respect of the Services beyond what is explicitly set out herein. Consequently, unless explicitly provided for herein, or unless it has been made by a duly authorized representative, any explicit or implied declaration, representation, warranty, or condition is hereby excluded, subject to applicable law. The Services are provided “as is” and to the extent that they are available. Without limiting the generality of the foregoing, Videotron does not warrant (i) that the Services will satisfy your needs, (ii) the performance, availability, use, or continued or uninterrupted performance of the Services or of hardware or software components and, where applicable, that said problems can be resolved, (iii) that the data or files transmitted to or received by third parties will be transmitted without being corrupted or within a reasonable time frame or without being intercepted, (iv) that the ownership rights or failure to comply with intellectual property rights or that the goods available on the Internet are of marketable quality or are suited for any particular use, and (v) that the Services offered are compatible with your software or equipment.

5.3 Notwithstanding the foregoing, mobile Internet keys and mobile telephones sold by Videotron are warranted against any manufacturing defect for a period of 1 year for parts and labour. Refurbished equipment is sold “as is” and only manufacturing defects are warranted for the 3-month period. The 3-month warranty does not apply to refurbished devices that may have some blemishes. The manufacturers’ warranties are on Videotron’s website. The warranty shall begin as of the activation date of the Equipment sold, if such activation takes place within 30 days following purchase. Failing this, the warranty shall begin on the date of purchase. Videotron shall repair or replace, at its sole discretion, any defective Equipment sold covered by this warranty with an identical piece of Equipment or with a refurbished or new model, provided that you notify Videotron of the defect within the warranty period. Notwithstanding the foregoing, the warranty shall not apply to any breakage or defect resulting from an accident or event of force majeure, modifications to the Equipment sold without Videotron’s authorization, or improper or abusive use thereof. Should the Equipment sold be defective, you undertake to notify Videotron as soon as possible so that a duly authorized Videotron representative may make the necessary inspection. This warranty may not be assigned by you.

5.4 Videotron may, from time to time, offer extended warranties or service plans in respect of certain Equipment. These extended warranties or service plans are offered under the terms and conditions provided for in the Contract, with the exception of the term, which shall be extended to the extent of the offer then in effect or according to the terms and conditions of the offer then in effect, as described in the Contract.

6.1 Videotron shall not be held liable for any material loss (including that related to software) resulting from (i) the use, validity, quality, interruption, defect, or slowdown of the Services, (ii) a change in software configuration or a computer virus, (iii) the content, use, or validity of Services provided on the Internet or by a third party, (iv) the loss or destruction of data by means of intrusion or otherwise, or (v) the unauthorized interception of communications. Moreover, Videotron shall not be held liable for the total or partial loss of any program, data, or other information saved or stored on the Equipment (including during repair).

6.2 Videotron shall under no circumstances be held liable to you for any indirect, special, or punitive damages, or for any economic loss whatsoever, including, without limitation, any loss of data, information, revenue, or earnings, or the inability to realize projected savings.

6.3 Videotron shall under no circumstances be held liable for any loss or fees incurred in respect of any allegation, claim, proceeding, or other suit arising from your use of the Services or third party using your Codes.

6.4 Should the Basic Services be interrupted for a period of at least 48 consecutive hours, rendering the Basic Services unusable, Videotron’s liability shall be limited to crediting you, upon written request sent no later than 15 days following the interruption, for the Price of the Basic Services that were interrupted, and this on a pro-rata basis of the length of the interruption over the total period of the applicable invoice for the Basic Service at issue. No credit may be demanded in the event of a work stoppage, act of vandalism, or other event of force majeure or for circumstances beyond the control of Videotron or the Carriers.

7.1 You undertake to indemnify and take up the defence of Videotron and the Carriers against any claim, action, including legal and judicial fees, whether these be well-founded or not (the “Claim”), instituted by a third party against Videotron and the companies of its group and/or the Carriers, resulting from your use or the use by third parties of the Services, the Equipment, or your Codes, or that may constitute misconduct on your part or, pursuant to the terms and conditions of the Contract, a failure on your part to abide by any one of your obligations. You undertake to indemnify Videotron and the companies of its group and/or the Carriers for damages that you may have caused them due to your misconduct or breach of your obligations. Videotron and/or the Carriers shall be entitled to participate in the defence, at their own expense, against any Claim, and to be represented by the attorney of their choice.

8.1 Each Contract will take effect upon activation of your Basic Service in question, or upon installation of the Equipment, as the case may be, and shall remain in effect until one of the parties has cancelled it in accordance with the Contract.

8.2 You may, at any time and upon payment of the Price of the Services then rendered and of the Fees, if applicable, cancel the Contract or ask Videotron for a subscription to another category of Services by calling 1-88-VIDEOTRON.

8.3 Sale or leasing of Videotron equipment: The price is indicated in Part 1 of the Communications Service Contracts document.

Indemnities payable when you terminate your contract:

• For Videotron equipment sold at a discount or subsidized or with the Simplified Payment option: you must repay a portion of the discount or subsidies based on the date when you terminate the Contract.

• For Videotron equipment sold with the Take-back Credit: you must repay the entire credit based on the date you terminate the Contract.

• For Videotron equipment not returned at the end of the Contract: you must reimburse the value of the equipment (see Schedule A).

Indemnities payable when the loaned or leased Videotron Equipment is lost, stolen, broken, destroyed, or damaged: you must reimburse the value of the Equipment (see Schedule A).

You must return the device that was purchased with the Videotron Take-back Credit, in conditions deemed acceptable at the sole discretion of Videotron in accordance with the evaluation criteria mentioned at go.videotron.com/take-back-credit.

You may terminate your contract at any time. You must call 1-88-VIDEOTRON and pay for the services provided up to the date when your contract ended. If Videotron equipment has been loaned or leased to you, you must return it to us.

Possible indemnities for Videotron equipment sold at a discount, on an instalment plan or with the Simplified Payment option. If you purchased equipment at a discount, on an instalment plan, or with the Simplified Payment option and the discount, instalment plan, or Simplified Payment option is spread over several months, you must pay the remaining discount, instalments, or payments when you terminate the Contract. The calculation is as follows:

The month during which you terminate your contract is considered a fully elapsed month. For example, you were entitled to a $350 discount spread over 24 months for a cell phone. You terminate your contract when there are 9 months remaining before the end of the discount. The amount to be reimbursed is: $350 ÷ 24 × 9 = $131.25.

If your services have been suspended (e.g., seasonal suspension or move), the period during which your services were suspended will be added to the number of months remaining in the calculation of the indemnity to be reimbursed.

Possible indemnities for equipment sold with the Videotron Take-back Credit. If you purchased equipment with the Videotron Take-back Credit, you must reimburse the entire amount of the Take-back Credit when you terminate the Contract.

Possible indemnities for Videotron equipment not returned. If you do not return the equipment that was loaned or leased to you, you will have to reimburse the value of the equipment (see Schedule A) or the costs disbursed to retake possession of said equipment.

8.4 Videotron may interrupt the Services or cancel the Contract(s) should you fail to honour your obligations under said Contract(s). Before interrupting the Services or cancelling the Contract(s), Videotron shall give you written notice, unless immediate action was required to protect a Carrier’s network or it was acting in response to unlawful, fraudulent, or abusive use.

8.5 If the Basic Services are restored, you understand that your Codes might not be the same, and hereby release Videotron from any liability in that respect; moreover, you understand that a fee will be charged for restoring the Basic Services.

8.6 Should the Contract be cancelled, you undertake to immediately return to Videotron any Equipment that was provided, leased, or loaned. Should you fail to do so, you shall reimburse Videotron, at the latter’s choice, the amount of compensatory indemnity set out in Schedule A.1 hereto or, at Videotron’s discretion, expenses that Videotron may incur to locate the Equipment provided, leased, or loaned, and to take possession thereof.

8.7 Notwithstanding the provisions of Section 8 herein, if the Contract is for an indeterminate term, Videotron may cancel the Contract at any time on notice of at least 60 days.

Videotron may, from time to time, amend each of the clauses of the Contract, including the Prices and the nature of the Services. Videotron shall send you, at least 30 days before the amendment comes into effect, a clear, legibly written notice setting out the new clause only, or the amended clause and the clause as it read formerly, the date of said amendment coming into effect, and other legal formalities, if appropriate. You may refuse this amendment and cancel the Contract thus amended, but after payment of the amounts owed for use of the Service up to the cancellation date, if the amendment entails an increase in your obligations or a reduction in Videotron’s obligations, by sending Videotron a notice to that effect, via its customer service, no later than 30 days after the amendment comes into effect. For greater certainty, in default of notifying Videotron within the said deadline, you will be deemed to have accepted said amendment, and any subsequent cancellation will result in the obligation to pay the cancellation indemnity, if applicable.