VMedia TV Service Agreement

This Service Agreement sets out specific terms and conditions applicable to VMedia’s Television service (“VMedia TV”). This Service Agreement forms part of the Agreement between you and VMedia, which also includes Service Terms, any other Service Agreements for any other Services to which you have subscribed and any other VMedia document describing features, products or services and any other document incorporated by reference constitute our agreement with you. 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(s), then to the Service Terms, and lastly to any other VMedia documentation describing features, products or services. Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.

1. How do I accept this Service Agreement?

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

If you do not agree to the Service Terms or this Service Agreement, or any other parts of the Agreement, you may not use VMedia TV.

2. What is the Order Confirmation Email and how does it fit in to the Agreement?

When you place an order for VMedia TV, VMedia will send you an email with information and terms and conditions relating to those services (“Order Confirmation Email”). The Order Confirmation Email provides a summary description of the services and service features that you have ordered and lists the applicable Fees.

Similarly, if you change your VMedia TV subscription or add a service feature, we will send you an Order Confirmation Email confirming the change and applicable terms and changes to Fees going forward.

All Order Confirmation Emails for VMedia TV that are in effect (i.e. not terminated or superseded by a subsequent Order Confirmation Email) are incorporated into this Service Agreement by reference.

If you discover an error in the information contained in an Order Confirmation Email, please contact VMedia at the coordinates listed in Section 47 of the Service Terms. Otherwise, if you do not agree with the information and / or terms and conditions of an Order Confirmation Email, you may not use VMedia TV.

3. What is VMedia TV?

VMedia TV consists of delivery over an Internet connection of programming content which may include various programming packages, subscriptions, a-la-carte programming, personal video recorder (“PVR”) services (including physical and / or software / cloud-based recording), pay-per-view (“PPV”) services, on-demand (“On-Demand”) services, interactive services, applications and other content (collectively, “Programming”).

You are required to include, at a minimum, a “basic” service package in your subscription. Canadian laws require VMedia to provide the “basic” service package to all its customers. The “basic” service package may change from time to time.

With the exception of the required “basic” service package, you have the flexibility of choosing Programming from the catalogue of content on our Website at the following URL: www.vmedia.ca/tv. Choice of Programming may vary based on the service location from which you are accessing VMedia TV. VMedia’s programming options may also reflect various programming packaging rules established by the Canadian Radio-Television and Telecommunications Commission.

4. Are there any eligibility requirements to receive VMedia TV?

Yes. You must have an active Internet service subscription with VMedia or an authorized reseller of VMedia TV. A list of authorized VMedia TV resellers can be provided upon request. You must also only use VMedia TV at the address associated with your VMedia account.

5. Does VMedia offer a trial period for VMedia TV?

Yes, VMedia is proud to offer a thirty (30) day money back guarantee on VBoxes purchased from VMedia, and certain VMedia TV service packages. The Website identifies which service packages are eligible for VMedia’s money back guarantee policy.

The thirty-day period begins on the day that you activate your VMedia service for one of the eligible service packages. Please note that the trial period begins on the date of service activation even if your chosen service package is subject to a promotion of one or more free months of service.

We would regret to lose you as a customer, but if you wish to cancel your eligible VMedia TV services for any reason during the thirty-day period we will refund you all Fees and taxes for your VBox and eligible VMedia service. We will also refund your return shipping costs for the VBox. If you request your money back in accordance with this Section, your Services will be considered cancelled and you must follow the process for returning Equipment that is set out under Section 13 of this Service Agreement.

Please note that our 30-day money back guarantee only applies to VMedia TV service. In other words, all Fees and taxes associated with VMedia Internet service do not qualify for this policy and are non-refundable.

6. Are there any special terms that apply to my Services if I have a disability?

Yes. If you or a member of your household self-identifies as a person with a disability, you will have a thirty (30) day trial period to determine whether VMedia TV meets your needs. This trial period begins on the start date on which your service is activated.

The terms applicable to this trial period are the same as those set out above in Section 4 of this Service Agreement. However, for customers who have disabilities or who share a household with a person with disabilities the trial period applies to all VMedia TV service packages. The trial periods described in this Section and in Section 4 are not cumulative.

7. Where can I find information and pricing for VMedia TV Programming?

Information and pricing for all Programming available to VMedia TV customers is available on the Website at the following URL: www.vmedia.ca/tv.

8. What Equipment is required to use VMedia TV?

VMedia TV requires either a VBox supplied by VMedia or a media player that VMedia has authorized for use with VMedia TV (“Authorized Device”). Authorized Devices may be self-supplied or may be supplied by VMedia on request and depending on the availability of supplies. If you request a VBox or an Authorized Device, VMedia will ship a unit to your billing address by courier or mail. The unit will be shipped with materials including accessories and instructions for initial installation and configuration.

The VBox or Authorized Device may be purchased or leased, subject to the applicable Fees listed on the Website. Leased VBoxes or Authorized Devices remain VMedia property at all times.

We cannot guarantee that the VBox or Authorized Device will work with all television sets, remote controls, home theatre components or other audio/visual equipment that you are responsible for supplying. We also cannot guarantee that VMedia TV will work with all Authorized Devices.

From time to time, VMedia TV may require downloads of software updates to your VBox or Authorized Device. These software updates are necessary to improve your VMedia TV experience. If you do not agree to receive these software updates, your only remedy is to cancel VMedia TV.

9. How does VMedia process refund requests for VBox?

Section 19 of the Service Terms and Sections 4 and 5 of this Service Agreement set out the terms applicable to refunds for VBox.

In addition, if you purchased a VBox at a Canada Computers store, you may return your VBox to Canada Computers, pursuant to their refund and return policy.

10. Can VMedia make changes to VMedia TV?

Yes. Availability and pricing of VMedia TV, including the lease price of the VBox and the prices applicable to any and all Programming, is subject to change at VMedia’s sole discretion. Any changes to Services will be performed in accordance with Section 5 of the Service Terms.

This means that Programming channels may be added, suspended from time to time or cancelled permanently, at VMedia’s discretion.

11. Can I make changes to the Programming to which I subscribe?

Yes. You can make changes to subscription-based Programming selections at any time by contacting VMedia by phone or email at the contact coordinates listed in Section 47 of the Service Terms. For billing purposes, any changes to Programming subscriptions will be effective immediately and you will only be billed for a prorated portion of the monthly-billing cycle. In other words, whether you add or remove a programming package, we will only bill you for the time that you maintained an active subscription to the Programming in question.

12. Are there any availability limitations for VMedia TV?

Yes. All Programming is provided on a “subject to availability” basis. Certain Programming transmitted by VMedia, including sports events, may be “blacked out” in your area of reception sometimes for copyright or other reasons. Programming may also be subject to temporary interruption due to causes outside of VMedia’s control (for example, due to an Interruption in Internet connectivity). VMedia will not refund charges or credit you for the blackout period or temporary interruptions.

13. Does VMedia TV use Internet data?

Yes. VMedia TV relies on your Internet connection in order to receive Programming and VBox software updates from the VMedia server. However, all of VMedia’s Internet packages feature unlimited bandwidth.

14. How do I return Equipment to VMedia if my Services are cancelled?

When your Services are cancelled, you must return to us all Equipment that you do not own. Equipment must be returned in its original packaging, including all packaging and materials provided by the manufacturer and all accessories and ancillary equipment (e.g. power adapter, remote controls and wires), at your expense. You must use adequate protective packaging (e.g. bubble packaging) when shipping Equipment back to us.

If VMedia does not receive your returned VBox within thirty (30) days of the date of cancellation, you will be charged the full purchase price of a VBox as listed on the Website.

15. What are the rules for PPV and On-Demand services?

All sales of PPV or On-Demand Programming are final. One-time charges for pay per use services, such as PPV and some On-Demand services, are applied at the current rates at the time of use. If VMedia is unable to provide any PPV or On-Demand Programming that you have ordered, VMedia will credit you the amount charged for that PPV or On-Demand Programming. If permitted by applicable law, VMedia is not responsible for cancelled events or failure to provide any PPV or On-Demand Programming. Certain PPV or On-Demand Programming may only be ordered if you also subscribe to other Programming.

16. What are the proprietary rights and related rules that apply to VMedia TV?

The proprietary rights set out in Sections 23, 24 and 25 of the Service Terms apply. In addition, you cannot engage in any rebroadcasting, copying, transmission or performance of Programming. Also, you cannot charge any admission or receive consideration (including consideration received by a third party for your benefit) in return for allowing a third party to listen to or view any VMedia TV Programming.

17. Is there a limit to the amount of devices that I can use to watch VMedia TV concurrently?

Yes. Although you can use VMedia TV on as many devices as you want, you can watch VMedia TV concurrently (or at the same time) on a maximum 5 devices by default, subject to limitations set by programme suppliers.

18. What are my responsibilities with respect to VMedia TV?

You are responsible for supplying all wiring inside your premises and ensuring that this wiring is in good working condition.