Business services – Part 2 – Terms and conditions
The terms and conditions of this Schedule shall apply to each telecommunications service contract made by you. These services may be regulated by the Canadian Radiotelevision and Telecommunications Commission (the “CRTC”). Should any provision herein be incompatible with the applicable rules enacted by the CRTC, the latter shall take precedence. You acknowledge and agree that the terms and conditions herein may be amended from time to time by Videotron in accordance with the provisions of this Contract.
10.1 Your personal information includes any information about you contained in your file and that may identify you. Excluded from your personal information is any information that has already been published or otherwise made available to the public, as well as commercial or business information for the purposes of our operations.
10.2 You confirm that all of the personal information you provided to us is accurate and necessary, and that it will serve: (i) to manage your records (to supply Services on all our platforms, including and not limited to, the web and VOD, credit check, billing, collection); (ii) to understand your needs and interests in order to improve our Services or to develop or offer new services; and; (iii) to manage the performance of our Services and our network, and (iv) to comply with applicable laws and regulations. In addition, you hereby acknowledge and agree that we may collect, use, and store certain information about your use of our Services in order to: i) operate and manage our network and Services, ii) adapt the Services to suit your habits, iii) improve our Services or offer you new services, iv) comply with applicable laws and regulations. This may include, without limiting, data from your phone calls and Internet usage, such as your hours of usage, usage amounts, etc.
10.3 We store all information collected for the duration of the realization of the objectives above or for the duration permitted by laws and regulations.
10.4 You hereby agree that we may also collect your third-party personal information when: i) it serves your interests and it is impossible to obtain your consent within a reasonable delay, or ii) when the act of obtaining your consent would compromise the accuracy of such information.
10.5 You acknowledge and accept that the collection, use, and communication of your personal information may be carried out by the employees, representatives, sub-contractors, service providers, consultants, or other mandatary of Videotron, and this for the purposes of helping Videotron provide you those Services contemplated by this Contract.
10.6 Unless you give your explicit consent or disclosure is permitted by law or otherwise required by a court, all personal information that we have on you, with the exception of those already available to the public, is confidential and we shall not communicate such confidential information to any person other than:
- a person who, in our reasonable judgment, is seeking the information as your mandatary;
- another telephone company or Carrier, provided that your information is required for the efficient and cost-effective provision of the telephone Service, that the disclosure is made on a confidential basis, and that the information will be used only for that purpose;
- a company responsible for supplying you with telephone or telephone directory‑related services, provided that your information is required for that purpose, that disclosure is made on a confidential basis, and that your information will be used only for that purpose; or
- our mandatary retained to collect on your account, provided that your information is required and is to be used only for that purpose;
- a person or body having the power to force us to disclose your information and who requires this information in the performance of their duties;
- a body who has the mission under the law to prevent, detect, or suppress crime or statutory offenses, who asks us for your information in the performance of their duties, when your information is necessary for the prosecution of an offense under a law applicable in Quebec;
- a public authority or its mandatary, for emergency public alerting purposes, if the public authority has determined that there is an imminent danger that threatens the life, health, or security of a person, and that such danger could be avoided or minimized by the disclosure of your information; or
- an affiliate involved in supplying you with telecommunications and/or radio broadcasting services, provided your information is required for that purpose and disclosure is made on a confidential basis, with your information to be used only for that purpose.
10.7 Your explicit consent may be taken to be given where you provide:
- your written consent;
- your electronic confirmation through the use of a toll-free number or by Internet;
- oral consent, where an audio recording of the consent is retained by us or by an independent third party; or
- your consent obtained through other methods, insofar that an objective documented record of your consent is created by you or by an independent third party.
10.8 You hereby authorize us to access your credit information obtained in accordance with Subsection 3.7.
10.9 You hereby authorize us to include your name, address, and telephone number(s) to our nominative list of customers for commercial or philanthropic prospection, and to communicate this nominative list to the companies of our group for the same purposes. You will be entitled to terminate this authorization at any time by means of an oral or written notice to that effect to Videotron’s Customer Service, the contact information of which is indicated on your invoice
10.10 Personal information shall be processed in accordance with the law. Your file is kept at our Customer Service department and your information will be made available to you at any time within 30 days of receiving your written request. Your requests for access or correction of your personal information must be sent in writing to the Manager of the Customer Relations Department or the Vice President of Customer Service at 612 St-Jacques West, Montreal (Quebec) H3C 4M8. You must inform us promptly of any change to your personal information.
Part 3 : Other provisions applicable to the mobile internet service
11. Mobile Internet Service may be subject to traffic management practices. For more details, see: Traffic Management (videotron.com)
12. As of the Mobile Internet Service activation date, you shall be responsible for: (i) any use exceeding the use limits, and (ii) any use of any other Videotron Service, such as the illico.tv Service, including download of on-demand content.
13. You undertake to respect the usage limits indicated for the type of subscription selected. Any usage in excess of the limits shall be invoiced to you at the rate in effect.
14. Roaming charges apply when Mobile Internet is used on the Carriers’ networks.
15.1 Transmitting or helping to transmit unsolicited messages (“spam”) or pyramid emails;
15.2 Uploading, recovering, or storing any information, data, or material that is defamatory or obscene, contains hate literature or child pornography, violates privacy or infringes any right or title to, or interest in, intellectual property belonging to a third party;
15.3 Transmitting or helping to transmit any file or document containing a “worm,” “Trojan horse,” or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.
16. You undertake to refrain from using Mobile Internet to disseminate the data from any type of server (such as FTP, HTTP, IRC, PROXY, SMTP, POP, or others) to the Internet.
17. The Mobile Internet Service offered by Videotron supports only one Internet connection.
18. If you subscribe to the Wireless Internet Service, you acknowledge that the installation of the antenna and stand are under Videotron's responsibility. In the event of Service termination, the stand will remain bolted to the building where it was originally installed.
Part 4 : Other provisions applicable to the mobile telephone service
19. Except for certain packages, the Mobile Service does not include options (such as call management, voicemail, etc.) unless they are requested by you and you pay the applicable Price for these options. The Pay-Per-Use Services including, without limitation, telephone directory assistance, long-distance Services, roaming Services, text messaging Services, Internet Services via Mobility, Internet on a device, and any data transmission Service, shall be invoiced per use at the Price applicable at the time of use, as detailed on the Videotron website (www.videotron.com). You will also find on this website coverage areas and some tools to, among others, manage your usage and set up notifications.
20. The long-distance Service is billed in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. A minimum fee of one (1) minute is applicable for each call.
21. Should you not wish to subscribe to the long-distance Service in accordance herewith, you acknowledge that you are notified of your responsibility to contact another long-distance service provider. You understand that you will be invoiced for long-distance fees at the rates in effect throughout the entire period during which interim long-distance services are provided to you by Videotron, and this until the other long-distance service provider selected by you is able to offer the said long-distance service.
22. You understand that certain long-distance service providers may not be able to carry long-distance calls from the Videotron network, and therefore release Videotron from any liability in that respect.
23. The data usage rates may differ from those stated as a result of rounding rules. Mobility is billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call. A minimum fee of one (1) minute is applicable for each call. Transmission Control Protocol-Internet Protocol (TCP-IP) overhead characters will be added to all data transmissions and included in the calculation of usage. You agree to accept Videotron's calculation of usage as final. Videotron will not pool usage calculations from multiple devices activated on your behalf. Compression may impact the total amount invoiced to your account. The network may re-send data packets to ensure complete delivery and you will be invoiced for these re-sent packets. The pricing may also differ when you use a Carrier’s services.
24. Except where a telephone number is transferred, you shall take all necessary steps to cancel the services provided by your former service provider, disconnect the relevant telephone lines, and arrange for the appropriate call forwarding, where applicable. You shall at all times remain liable for the charges and costs associated with this responsibility and for any amount owing to your former service provider.
25. The roaming services are provided whenever they are available or authorized under the roaming agreements entered into with the Carriers, and are subject to the restrictions set out therein. Furthermore, all Services may not necessarily be offered in each territory where roaming is available; in some territories, roaming is available only if the technology is compatible.
26. All information, data, texts, software, music, ring tones, sounds, photographs, graphic art, video images, messages, or any other material from third-party content providers (hereinafter collectively the “Content”) that is accessible by Mobility shall be the entire responsibility of the person who issued and is the author of the said Content. Videotron and the Content providers that are not the authors thereof shall under no circumstances be held liable for the Content, including, without limitation, any error or omission, loss, or damage, resulting from your use of the Content. Consequently, you hereby agree to evaluate and assume all risks and liabilities relating to accessing, viewing, receiving, uploading, downloading, or using the Content in any other way.
27. You acknowledge that the Content is protected by copyright law, trademark law, service brand law, patent law, and any intellectual property law or other type of law, whether or not the application thereof is invoked. Unless explicitly authorized by Videotron or a Content supplier, you agree not to modify, lease, loan, sell, distribute, or create derived works based, in whole or in part, on the Content or Mobility, or to use the Content for anything other than personal purposes.
28. The Customer has no ownership right over the telephone number and other identification elements attributed by Videotron hereunder, and Videotron may at any time change or withdraw said telephone number and other identification elements upon notice to that effect to the Customer. Throughout the period during which Videotron provides the Services, the Customer shall hold the exclusive right to use the telephone number and other identification elements provided hereunder. However, Videotron reserves its right to change said number if it has reasonable grounds and upon reasonable prior written notice stating the grounds and effective date of the telephone number change. In case of an emergency, oral notice with subsequent written confirmation shall suffice. For the purpose hereof, the terms “reasonable grounds” shall mean an order, a decision, or a requirement issued by a competent government agency.
29. You acknowledge that Mobility and some of the Mobility-related Services are available only when the Equipment is within operating range of Videotron’s or the Carriers’ mobile network and that Mobility may be refused, interrupted, or limited temporarily due to: (i) limitations of Videotron’s and/or the Carriers’ mobile network, such as capacity limitations, (ii) transmission limitations caused by atmospheric conditions, topographical features, radio interference, and other factors beyond the control of Videotron and/or the Carriers, (iii) modifications, upgrades, relocations, repairs, and other activities of a similar nature to Videotron’s and/or the Carriers’ equipment necessary for the efficient or improved operation of the Mobility service, (iv) failure of third parties’ communications facilities interconnected to Videotron’s and/or the Carriers’ facilities, or (v) during the transfer from the Videotron network to a Carrier’s network. Your calls may be disconnected temporarily for a variety of reasons, including, without limitation, atmospheric conditions, topographical features, weak batteries, system over-capacity, movement outside a service area where Mobility is available, and gaps in the geographical location within which Mobility is available.
30. You acknowledge that certain Basic or Pay-Per-Use Services, including mobile television, are only accessible within the Videotron network and are not accessible from Carriers.
31. You acknowledge that (i) it is possible for third parties to monitor voice and data traffic over the Carriers’ and/or Videotron’s facilities, and privacy therefore cannot be guaranteed, (ii) if you wish to better secure the transmission of data, you must provide for your own means of data encryption, at your own costs, and (iii) you assume full responsibility for the establishment of appropriate measures (including, without limitation, the selection of passwords) to control access to your Equipment and to erase all information or data in each piece of Equipment before its disposal or return.
32. The use of a Videotron SIM card with Equipment not purchased through Videotron or an authorized partner or with Equipment for which this card has not been designed or supplied could cause a partial or total loss of the Services as well as per-use or monthly fees. You acknowledge that the insertion of a SIM card in any device (whether Videotron Equipment or not) could result in charges.
33. You acknowledge that Videotron does not offer the same technical support for mobile Equipment which is authorized but not acquired from Videotron.
34. You understand that there is no contractual nexus with the Carriers, and that you are not a third-party beneficiary of any agreement between Videotron and the Carriers. Furthermore, you acknowledge and agree that the Carriers do not assume any liability to you. In addition, you understand and accept that the Carriers assume no liability whatsoever to you. Regardless of the cause for the action, whether for breach of contract, warranty, negligence, civil liability or other, the only recourse open to you and the total liability of the Carriers arising in any manner whatsoever from the contract between Videotron and the Carriers, including, without limitation, any loss or interruption of Mobility, shall be limited to payment to you of an amount equal to that portion of the amount paid by you for Mobility for the period of service during which the damages occurred.
35. Videotron’s liability shall not be limited by Subsections 35.1 and 35.2 that apply to Mobility in cases of deliberate fault, gross negligence, or anticompetitive conduct on the part of Videotron or cancellation of the Contract due to gross negligence on its part.
35.1 Save in the event of death, bodily injury or damages to your property or your premises, Videotron’s liability for neglecting to provide mandatory emergency services shall be limited to the greater of the following amounts: $20.00 or three times the amount you would receive were you entitled to reimbursement for defective Service hereunder.
35.2 As far as the mandatory provision of emergency services is concerned, Videotron shall incur no liability whatsoever in respect of:
(a) any written or oral defamation or infringement of a copyright resulting from data or messages transmitted through the telecommunications network of Videotron or the Carriers from your location or your premises or recorded using the material Videotron or the Carriers;
(b) any damages resulting from an act, omission or fault on the part of you in your use of the material provided by Videotron or the Carriers;
(c) any damages caused by the transmission of data or messages using the telecommunications network of Videotron or the Carriers, on behalf of you, that proves to be unlawful in any respect.
36. Where the facilities of other businesses or telecommunications systems are used to establish connections with or from your facilities or your material, Videotron shall not be liable for any act, omission or fault attributable to other businesses or telecommunications systems in respect of the mandatory provision of emergency services intended for you.
Part 5 : Other general provisions
37. The Contract shall construed and governed in accordance with the laws in effect in the Province of Quebec. The parties agree that any disagreement or dispute relating to this Agreement or arising out of its interpretation or application will be settled definitively by arbitration and excluding the courts, the whole in accordance to the laws of Quebec. Unless the parties decide otherwise in an arbitration agreement, the arbitration shall be conducted under the presidency of a sole arbitrator and shall be conducted in accordance with the rules of law and the provisions of the Quebec Civil Code of Procedure, in force at the time of the dispute. The arbitration award shall be final, binding, and binding between the parties.
37.1 In addition, any action on account by Videotron seeking to obtain payment of the fees payable by You under this Agreement will be subject to the following expeditious procedure:
37.2 Videotron's notice of arbitration will propose a sole arbitrator to hear the dispute;
37.3 Within five (5) days of receipt of the notice of arbitration, You may oppose the proposed sole arbitrator, failing which the sole arbitrator will be presumed qualified to hear the dispute.
37.4 In the event of a contestation to the sole arbitrator proposed by Videotron, the parties shall request the ADR Institute of Canada to appoint a sole arbitrator within twenty-five (25) days following the transmission of the notice of arbitration to You. The costs of the ADR Institute of Canada will be shared equally between the parties.
37.5 The dispute will be heard before the sole arbitrator within sixty (60) days of his/her appointment.
37.6 The sole arbitrator will render his/her decision no later than thirty (30) days after hearing the dispute, unless the arbitrator requests a reasonable extension justified by the circumstances.
38. You are not authorized to assign the Contract and/or the Equipment without the prior consent of Videotron. Any such assignment or transfer shall be null and void. Videotron may assign or transfer all or part of its rights or obligations under the Contract without your consent.
39. The Contract contains the entire agreement reached between you and Videotron as regards the subject matter thereof, and it shall take precedence over all contracts, covenants, undertakings, promises and representations in that respect, unless such representations have been made by a duly authorized representative.
40. The invalidity or unenforceability of any stipulation of the Contract shall not affect in any way the validity or enforceability of any other stipulation.
Schedule A.1 - Compensatory indemnity in the event of loss, theft, breakage, destruction or failure to return equipment
As provided for in Subsection 4.2 hereof, you shall pay the following compensatory indemnities in the event of the loss, theft, breakage, destruction or failure to return any Equipment that is provided, loaned, or leased:
|Category of Equipment||Amount of indemnity payable* ($)|
|Fixed Wireless Internet Antenna||150|