Communications Service Contracts: Part 2 – General Rules (Residential Customers)
Part 1 of the Communications Service Contracts indicates the services to which you subscribe: Mobility, Home Phone, Internet, Cable Broadcasting or Entertainment (Club illico).
You may have one or more subscriptions. Each subscription is described in Part 1. Its content depends on the package chosen and the options you have added to it. The price of your subscriptions is indicated in Part 1 of the Communications Service Contracts document.
15.1. Content and Interpretation of Your Contract
Parts 1 and 2 of the Communications Service Contracts document describe all Videotron’s rights and obligations and all your rights and obligations concerning your subscriptions. In other words, entering into a service contract with Videotron invalidates any other agreement, promise, representation or warranty, except for those pertaining to specific services (e.g. AppleCare).
Each contract shall be interpreted according to the laws and regulations in force in the Province of Quebec, including the regulatory decisions of the CRTC. In case of incompatibility between these rules and the contents of a contract, CRTC rules take precedence.
15.2. Start and Term of Your Contract
Each contract comes into force individually effective from activation of the service. However, if the equipment is not yet installed at the time of activation, the contract comes into force on the date of installation of the equipment.
Each contract is for an indeterminate term. Thus, there is no end date.
15.3. Our Right to Amend the Contents of Your Contract
At any time, we may amend your contract, including the price and the nature of the service offered. We must inform you of any amendment at least 30 days (or 60 days in certain circumstances) before its effective date, by a letter or writing that deals only with this subject. Such writing shall indicate clearly and legibly:
- the information added to your contract, or the amended clause with its original version,
- the effective date of the amendment, and
- any other information required from us by the law or regulations.
Your rights. If the amendment effectively increases the scope of your commitments or reduces our obligations, you may refuse this amendment and terminate the contract without having to pay the indemnity for the Videotron equipment sold at a discount (this indemnity is explained in section 15.4). You may do so no later than 30 days after the effective date of such amendment.
In all cases, you remain responsible for paying the price of the services provided up to the date your contract ended.
15.4. Your Right to Terminate Your Contract
You may terminate your contract at any time. You must call 1 877 512-0911 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.
Videotron will then automatically reimburse you for any amount greater than $5 that is due to you following this termination and following the return of all Videotron equipment. However, any amount of less than $5 owed to you following this termination will only be reimbursed upon request and following the return of your Videotron’s equipment.
Possible indemnities for Videotron equipment sold at a discount, an instalment plan or Simplified Payment option. If you purchased equipment at a discount, an instalment plan or 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 payment when you terminate the contract. The remaining discount or subsidies is calculated as follows:
The month begun at the time you terminate your contract is considered to be 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 X 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 remaining months in the calculation of the indemnity to be reimbursed.
Possible indemnities for equipment sold with a Videotron’s Take-back Credit. If you purchased equipment with a Videotron’s 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 the equipment.
15.5. Our Right to Terminate Your Contract or Interrupt Your Services
Before terminating your contract, we must inform you in writing at least 60 days in advance.
This period is shorter if we terminate your contract or interrupt your services because you have failed to meet any of your commitments (e.g. unpaid invoice): you will be informed 14 days in advance.
We cannot interrupt your services if you are late paying your invoice because you are contesting certain invoiced amounts. However, you must pay at least the amount of the uncontested charges.
You will not receive any notice in the following cases:
- We must take immediate actions to protect the network of Videotron’s partner service providers.
- The services or equipment are used abusively or fraudulently, including our customer services.
- The services or equipment are used in breach of the law or the rules imposed by the CRTC.
Restoration charges will apply if you wish your services to be reactivated.
The amount of these charges is equivalent to the installation charges in force at the time your service is restored. You should know that certain discounts or certain promotions to which you were entitled might no longer apply after service restoration. .
15.6. Your Right to Transfer Your Contract or Equipment to Another Person (with Our Authorization)
You must obtain our authorization to assign or otherwise transfer to another person your Videotron contract or Videotron equipment that has been loaned or leased to you. Charges could be applicable if a contract is transferred.
15.7. Our Right to Transfer Your Contract to Another Company
Without your consent, we may assign or otherwise transfer your contract or a portion of our rights and our obligations to a person, a company or an organization.
This could be the case, for example, in the context of a merger or a corporate reorganization.
15.8. Complaint Concerning Your Contract or Service
For information on our complaint procedure, you may consult our website: https://videotron.com/en/contact-us/complaint-crtc.If you are not satisfied with the proposed agreement, you may contact the Commission for Complaints for Telecom-television Services at: https://www.ccts-cprst.ca.
You may also obtain information on the Internet Code, the Wireless Code and Television Service Provider Code on the CRTC’s website: https://crtc.gc.ca.
The leased Videotron equipment does not belong to you. We remain its owners even if it is in your possession.
We assume the loss or deterioration of this equipment due to force majeure, except if:
- you were not entitled to be in possession of this equipment; or
- you had become the owner of the equipment at the time of the loss or deterioration.
You benefit from the same warranties regarding the leased equipment as if you were its owner.
If you breach your commitments or any other requirement set out in the contract, we may:
- require immediate payment of any amount owed to us; or
- retake possession of the leased equipment. In such a case, we must inform you in writing 30 days in advance. Within this period of 30 days, you can avoid repossession by remedying the breach.
You may return the leased equipment to us at any time during the leasing period. As soon as the equipment is returned to us, the lease ends. We do not have to reimburse you for the amount of the payments due already received and we may claim from you the actual damages arising directly and immediately from the termination of the lease.
We have the obligation to minimize our damages.
It is in your interest to refer to sections 116, 150.10, 150.11 and 150.13 to 150.17 of the Consumer Protection Act (R.S.Q., c. P-40.1) and, as needed, contact the Office de la protection du consommateur.