VMedia Terms and Conditions of Service

General

1. What are the Terms and Conditions of Service?

These terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below.

Throughout this document:

“E-9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
“Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services, excluding Authorized Devices which VMedia may resell;
“Fixed Term” means a minimum contract period for a particular Service;
“I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
“Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by VMedia;
“My Account Portal” is a customer portal on the Website (www.vmedia.ca/login) that allows you to access features and information relating to your Services and your account with VMedia;
“Policies” are defined in Section 12 of the Service Terms;
“Residents of Newfoundland” means residents of Newfoundland and Labrador who enter into an Agreement to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies;
“Residents of Québec” means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
“Service Agreement” means an agreement setting out the terms for specific Services. Service Agreements are available on the Website at the following URL: www.vmedia.ca/support/terms;
“Services” mean any services that you subscribe to or receive through VMedia, including but not limited to Internet Protocol Television (“IPTV”) service. All Equipment and Software (as defined in this section) are considered elements of the Services;
“Software” means any software used to access the Services or used in conjunction with the Services;
“VMedia” means VMedia Inc., its parents, subsidiaries and affiliates;
“VMedia Care Team” means VMedia’s customer support team;
“VMedia Parties” means VMedia, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
“us”, “we”, “our” or “ourselves” means VMedia; and
“Website” means all content on the www.vmedia.ca/support/terms.

2. What is included as part of my Agreement for Services with VMedia?

The “Agreement” includes the Service Terms, Service Agreements for Services to which you subscribe, any VMedia document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms, and lastly to any other VMedia documentation describing features, products or services.

3. How do I accept the Agreement?

You acknowledge that you have read, understood and agreed to the Agreement by either: (i) placing an order for Services by any means including online, over the phone or in-person; or (ii) using the Services.

If you do not agree to the Service Terms or the applicable Service Agreement(s), you may not use the Services.

4. How long does the Agreement last?

The term (“Term”) of your Agreement with VMedia begins when you accept the Agreement and will continue until the Agreement is terminated. VMedia provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, at the then-current prices for the Services, unless you cancel the applicable Service in accordance with Section 33.

5. Can VMedia change the Agreement?

Not applicable to Residents of Newfoundland or Residents of Québec:

Unless otherwise specified in the Agreement, VMedia can change the terms of the Agreement and any aspect of the Services, including Services that are subject to a Fixed Term. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website.

If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service terms of the Agreement will become effective and you will be deemed to have expressly consented to the changes.

Applicable only to Residents of Newfoundland or Residents of Québec:

Unless otherwise specified in the Agreement, VMedia can change: (a) the following aspects of a Service Agreement for month-to-month Services: content, hours of availability, specifications, prices, and equipment needed for access or use of the Services; and (b) any aspect of the Terms of Service for fixed term services with the exception of price, term, the nature of the Services or any other essential element of the Terms of Service.

Before we make any changes to the Terms of Service, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights.

If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

6. What if I do not agree with a change that VMedia makes to the Agreement?

If you do not agree with a change made by VMedia, you may cancel the affected Services in accordance with Section 33. There are no fees or charges if you decide to cancel because of a change that we make to the Agreement.

Account, Billing and Payment

7. How does VMedia bill me for the Services?

VMedia will invoice you monthly for recurring and one-time charges (collectively, “Fees”). All Fees and applicable taxes are invoiced and due on the first day of each month. In advance of the invoice date, you can log-on to the My Account Portal on the Website and access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro-rated charges for a partial monthly billing cycle. Service Agreements may also modify the billing terms for certain Services.

8. How can I pay my bill?

You can pay your bill by credit card, debit card, online banking, mobile payment apps, or preauthorized payment. VMedia provides a list of specific approved payment options (e.g. accepted credit cards and mobile payment apps) upon request. You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired or closed. If you are using a method of payment that is subject to processing delays, you must ensure that VMedia receives payments on the first day of each month, when payment is due. If payment is not received prior to the due date, VMedia will charge the credit card on file for outstanding Fees. You must promptly advise VMedia if your credit card or bank account information changes by contacting us at the coordinates set out in Section 47 of these Service Terms.

9. What charges apply to late payments, rejected payments and other account processing actions?

Any residential account that is 10 days past due, for reasons including the decline of the payment under the credit card which VMedia has on file, shall be subject to a $25 administration fee for our collection efforts. Any residential account that is 10 days past due will be suspended until payment has been received. If an account has been suspended, we do not issue any credit for the days without service. Accounts more than 20 days past due may be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee as applicable. You agree that we can charge any unpaid and outstanding amount, including our administration fee and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.

Not applicable to Residents of Québec: Administrative charges in the amount of $25.00 may be levied for administration or account processing activities in connection with your account, including as a result of:

a change of any Identifier.
collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason; and/or
the restoral of Service

Applicable only to Residents of Québec: Administrative charges in the amount of $25.00 may be levied for administration or account processing activities in connection with your account, including as a result of a change of any Identifier.

10. Do I need to pay any deposits for use of Services?

Yes. In some cases, VMedia may request payment of a deposit for Services, or leased equipment. For example, VMedia may require that you pay a specified deposit for certain leased equipment.

VMedia may request a deposit at any time and on such terms that we shall determine in our sole discretion. Deposits held by VMedia shall bear interest at the rate determined by applicable legislation or regulation; from the date we collect a security deposit (but no earlier than required under applicable legislation or regulation) until the date we return it to you. If we use all or part of the deposit to collect amounts not paid when due, we will provide you written notice. If your Service is cancelled, deposits held by VMedia and accrued interest on those deposits shall be setoff against the outstanding final balance on your account within 30 days of cancellation of your Services.

11. What if I dispute Fees on my invoice?

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within thirty (30) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

Your Responsibilities

12. Does VMedia have any policies that apply to the Services?

Yes. From time to time, VMedia may establish policies, rules and limits (collectively “Policies”) concerning, without limitation, the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference, and will be available on the Website.

13. Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to:

Resell the Services, receive any charge or benefit for the use of the Services; and
Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.

14. How can I be sure that VMedia has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to VMedia (including name, mailing address, email address, address where the Services will be provided to you, phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide VMedia with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file.

15. What am I responsible for if my VMedia account is compromised?

You must notify VMedia immediately using the contact coordinates provided in Section 47 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

VMedia Services

16. Are there any warranties on the Services?

Not applicable to residents of Québec:

To the maximum extent permitted by law, VMedia Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

VMedia Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the VMedia Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.

Applicable only to Residents of Québec:

To the maximum extent permitted by law, VMedia Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services (except as such warranties relate to Equipment, in accordance with statutory warranties) or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

17. Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that VMedia does not fully control.

VMedia Equipment and Software

18. Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

You will take reasonable care of the Equipment;
You may not sell, lease, mortgage, transfer, access, assign or encumber the Equipment;
You may not relocate the Equipment without our knowledge and permission; and
You will return the Equipment to us at your own expense upon termination of the Services to which the Equipment is related.

If Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment.

19. What happens if there are problems with Equipment?

For a period of one-year after you have ordered new Equipment (i.e. as of the date that you order Equipment for purchase), VMedia will repair or replace Equipment that is defective at no cost. For a period of three months after you have ordered refurbished Equipment, VMedia will repair or replace such Equipment that is defective at no cost.

VMedia Equipment warranties do not apply: (a) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred, in VMedia’s sole discretion, due to a defect in materials or workmanship; (b) to damage caused by use with a third party component or product; (c) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surge, or other external cause; (d) to Equipment that has been modified to alter functionality or capability; (e) to defects caused by normal wear and tear or otherwise due to the normal aging; and (f) to Equipment that has been stolen.

For greater certainty, VMedia shall have no liability with respect to Authorized Devices, and all warranties and benefits to you, with respect to those devices shall be limited to manufacturers warranties which accompany those devices.

VMedia shall inspect all Equipment submitted for repair or replacement and shall determine, in its sole discretion, whether the Equipment is defective. In order to qualify for no cost repair or replacement of defective Equipment, you must provide to VMedia:

The original receipt if Equipment was purchased;
The Equipment in its original packaging including all packaging and materials provided by the manufacturer;
All accessories and ancillary equipment provided by the manufacturer (e.g. power adapter, remote controls and wires); and
Adequate bubble packaging or other protective packaging to prevent damage to Equipment during shipping.

VMedia reserves the right to charge you for any Equipment or packaging that is not returned when you request an exchange or repair. VMedia will specify the amount of any such charges upon request. Applicable charges may change from time to time.

Except for shipping costs associated with repairs or exchanges of Equipment that VMedia has confirmed to be defective, you are responsible for all costs related to shipping of Equipment.

In the event you return Equipment which is determined by VMedia not to be defective, VMedia may charge a restocking fee of $25 as reimbursement for the costs of handling the Equipment.

For additional details about the process and timelines for Equipment exchanges or repairs, please contact VMedia at the coordinates set out in Section 47.

20. Do I need to grant VMedia access to Equipment?

Yes. You agree to authorize us, our representatives and our suppliers to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade, disconnect or improve the operation of our services, the Equipment or our facilities or networks.

21. Will the Service ever require changes of Equipment?

Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

22. Are there any limitations to the use of Software

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of VMedia, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Service Agreement.

Proprietary Rights

23. Is the content that I access through the Services subject to any intellectual property rights?

Yes. You acknowledge that content including, but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by VMedia, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

24. Do I have any rights to the content that I provide in connection with the Services?

Yes. VMedia does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to VMedia or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to VMedia or any third party, using the Services, you have thereby granted VMedia a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by VMedia to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

25. Who owns Identifiers used in connection with the Services?

Except where otherwise specified by VMedia, Identifiers remain the property of VMedia at all times.

Privacy and Confidentiality of Your Information

26. How does VMedia protect my personal information?

VMedia protects your personal information in a manner consistent with its Policies and applicable laws.

27. Does VMedia perform credit checks or report credit history?

Yes, by entering into the Agreement you agree that VMedia Parties may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. VMedia Parties may also disclose your VMedia credit history to credit reporting agencies, credit grantors and/or collections agencies.

28. Will VMedia send me commercial electronic messages?

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from VMedia. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.

Services, VoIP and Related Limitation of Liability

29. Is 9-1-1 service always available over VoIP?

No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E-9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using VMedia VoIP services.

With both traditional basic 9-1-1 and E-9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E-9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With VMedia VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using VMedia VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.

If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your VMedia VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to VMedia is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to My Account Portal or contacting the VMedia Care Team by phone or email at the coordinates listed in Section 47.

You acknowledge and understand that the VMedia VoIP service or access to the VMedia VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

If your Equipment fails, is not configured correctly or does not meet VMedia’s requirements;
In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
In the event of a network outage or power failure;
If you or somebody else tampers with or, in some cases, move the Equipment; or
Following suspension or termination of your VMedia Services or Account.

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 calls made utilizing VMedia VoIP service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.

VMedia does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.

You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize VMedia VoIP service, of the important differences and limitations of VoIP 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.

VMedia does not have any control over whether, or the manner in which, calls using VMedia VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. VMedia disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. VMedia relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. VMedia disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.

30. How do VMedia Parties limit their liability for VoIP 9-1-1 services?

VMedia Parties limit their liability for VoIP 9-1-1 services as follows:

You acknowledge and agree that, to the maximum extent allowed by law, VMedia Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your VMedia VoIP Service and you agree to indemnify and hold harmless the VMedia Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your VMedia VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

Liability and Indemnification

31. How do VMedia Parties limit their liability?

You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, VMedia Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.

Other than the foregoing payment and to the maximum extent permitted by applicable law, and except towards Residents of Québec for damages resulting from a VMedia Parties’ own act, VMedia Parties are not responsible to anyone for:

Not applicable to Residents of Québec:

any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to Services or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;
Any error, inclusion or omission with respect Services;
The denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, Equipment or Identifiers;
Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Applicable only to Residents of Québec:

The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;
Any error, inclusion or omission with respect Services;
The denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, Equipment or Identifiers;
Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Not applicable to Residents of Québec:

These limits are in addition to any other limits on VMedia Parties’ liability set out elsewhere in the Agreement and apply to any act or omission of the VMedia Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

32. Must I indemnify VMedia Parties with regards to the Agreement?

Yes. You agree to indemnify and hold harmless VMedia Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against VMedia Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.

Cancelling and Suspending VMedia Services

33. When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting VMedia by phone at the points of contact specified in these Service Terms.

34. Can Services be transferred to another provider?

Some Services and Identifiers may be transferred to another provider. Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Service Agreements will be automatically cancelled.

35. When can VMedia cancel my Services, with notice?

Not applicable to Residents of Newfoundland or Residents of Québec:

VMedia may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you at your billing address.

VMedia may only cancel Fixed Term Services if (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36.

Applicable only to Residents of Québec:

VMedia may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than sixty (60) days’ notice to you at your billing address.

VMedia may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36.

Applicable only to Residents of Newfoundland:

VMedia may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than sixty (60) days’ notice to you at your billing address.

VMedia may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36.

36. When can VMedia cancel or suspend my Services, without notice?

Applicable to all VMedia customers:

In addition to our rights to terminate your Services pursuant to Section 35, VMedia may also restrict, block, suspend, disconnect or terminate for cause any or all of your Services, including Fixed Term Services, without notice, if:

you are in breach of a Service Agreement, including non-payment of your charges or non-compliance with any Policies;
you exceed reasonable usage limits, as determined by us;
you have given us false, misleading or outdated information;
we reasonably suspect or determine that any of your Services, Equipment and / or Identifiers are the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others;
you harass, threaten or abuse us or our employees or agents;
you fraudulently or improperly seek to avoid payment to us;
we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

Applicable only to Residents of Québec:

If you subscribe to a Fixed Term Service, then we may only cancel your Service without notice if you are in default of your obligations under the Agreement, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.

37. What amounts must I pay if my Service(s) are cancelled?

If you or VMedia cancels one or more of your Services you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated), taxes, and Late Payment Charges on your final invoice for those cancelled Services. However, VMedia will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation.

If, in accordance with the Service Terms, you or VMedia cancel a Service that is subject to a Fixed Term prior to the expiry of the Term, then you must pay cancellation charges (“Cancellation Charges”) specified in the Service Agreement for those Services.

To the maximum extent permitted by law, one-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped. If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a Service is cancelled.

Notwithstanding the foregoing, VMedia does not issue any credits or refunds for cancellations for cause by VMedia, pursuant to Section 36. Services may also be subject to different cancellation and refund terms, as set out in the applicable Service Agreement(s).

38. How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or terminated by VMedia?

VMedia may, at its sole discretion, restore your Services, with or without conditions that may include:

Full repayment of outstanding amounts owing to VMedia;
Compensation for costs incurred by VMedia in connection with your breach of the Service Terms, including costs incurred to enforce your compliance or to restore your Services; or
Changes to your Fees on an ongoing basis.

39. What happens to credit balances on my final bill?

Generally, VMedia customers do not have credit balances on final bills. However, if circumstances cause you to have a credit balance on your final bill, we will refund this balance.

Additional Terms

40. Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province or territory of Canada applicable to the Agreement and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

41. What is the process that applies to unresolved disputes with VMedia?

The process for billing disputes is described in Section 11 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute. Any unresolved dispute may be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.

If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commission for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve certain consumer and small business disputes about telecommunications and television services. CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service.

42. Which Court has jurisdiction over claims related to the Agreement?

By entering into the Agreement, except where the Canadian Radio-television and Telecommunications Commission, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive jurisdiction of courts located in the province in which your billing address is located. However, if your billing address is outside of Canada, you submit to the jurisdiction of the province or territory in which the Services are delivered.

43. What laws apply to this Agreement?

The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province or territory in which the Services are delivered.

44. What if parts of this Agreement become unenforceable?

If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and VMedia. Even if VMedia decides not to enforce any part of this Agreement for any period of time, the term still remains valid and VMedia can enforce it in the future.

45. Can this Agreement be transferred?

VMedia may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without VMedia’ prior written consent.

46. Do any terms or obligations of this Agreement apply after the cancellation or expiry of the Agreement?

Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event, including but not limited to the obligation to pay any outstanding amounts owed for Services.

How to Contact VMedia

47. How do I contact VMedia?

To contact VMedia for any reason, including providing notices to VMedia pursuant to this Agreement, and unless advised by VMedia in writing otherwise,

Customers in Ontario, Québec, New-Brunswick, Nova Scotia, Prince-Edward Island and Newfoundland can reach us:

By Phone: +1-855-333-8269
By chat: www.vmedia.ca/support

Customers in British Columbia, Alberta, Saskatchewan and Manitoba can reach us:

By Phone: +1-844-872-8269
By chat: www.vmedia.ca/support

48. How do I contact VMedia for customer and technical support?

Unless otherwise specified in a Service Agreement, VMedia offers technical support for its Services between 10:00 AM and 9:00 PM seven days a week, including provincial and federal statutory holidays. You may contact VMedia for technical support via the contact information set out above in Section 47.