RESIDENTIAL CUSTOMER SERVICE AGREEMENT

 

We provide you with our services on the condition that you comply with the policies of our Customer Service Agreement.  These policies, which are listed below, contain important information regarding your rights and responsibilities.  Please review them carefully.

• Residential Customer Service Agreement (this document). This agreement contains the general terms and conditions governing your use of the services.

1. Your Financial Responsibilities

1. You must pay for the services you receive in accordance with our billing practices, along with any installation charges and other applicable fees and taxes.  If you have any questions about our prices or fees, please contact our Centrovision office.

2. Payment for Services is due on the 10^th of each month. Should payment not be received by the 10^th, a Late Notice will be issued that will include a Late Fee.

(c) If we suspend (disconnect) Service for failure to pay amounts owed, a re-connection fee will be assessed.

(d) If your check is returned for non-sufficient funds, a bank fee will be assessed.

(e) We may verify your credit standing, including through credit reporting agencies.

(f) We may require a deposit or other guaranteed form of payment (for example, a credit card or bank account debit authorization) from you.  If you owe money on any account, we can deduct those amounts from any existing credit you have with us or any security deposit you provide or, if applicable, charge them to the bank or credit card account you have authorized us to use.

(g) You authorize us to accept and issue charges for any Orders or Request of Services made through your set-top box. For example, if someone in your home request a “pay per view event”, you are responsible for the resulting charges.

(h) We are not required to notify you of offers we make available to others, or to lower your rates to equal those contained in such offers. 
 
(i) You must bring any billing errors to our attention within 30 days of the day you receive the bill or you will waive your right to (in other words, you will not be eligible to receive) a refund or credit.

(j) You cannot settle amounts you owe by writing “paid in full” or any other message on your bill or check.

(k) If you provide us with a credit or debit card for billing and the issuer gives you a new card on the account with a different expiration date, you authorize us to update our records to reflect the new expiration date and to continue to use the account as before.

(l) If a third party sues Centrovision based on your use of our services (for example, claiming theft or copyright violation based on something you posted on-line using our services), you will indemnify us (in other words, make us whole) for any losses, including reasonable attorneys’ fees, that we suffer.

2. Your Responsibilities Regarding Equipment

(a) You will allow us to enter your premises to install, maintain or replace equipment and to make sure our services are operating and being delivered properly to you and your neighbors.  If you stop receiving services from us, you may terminate these rights by giving us one year’s advance notice.  You confirm that you are authorized to grant the rights described in this paragraph.

(b) After we install or remove equipment or wiring on your premises, you are responsible for any repairs or cosmetic corrections you wish to make.  We have an obligation to make such repairs only if we performed our work negligently and your property was damaged as a result.

(c) We can make changes to equipment and software through downloads from our network or otherwise.  If you have a third party device attached to our equipment, we or the device manufacturer may from time to time download software to the device, which may change its features and functionality.

(d) You may not move our equipment to any location other than the location where you initially received the services. This is true even if you have moved to a new location and continue to pay us for the services.  You may not remove or alter our logos or other identifying information (for example, serial numbers) on the customer use equipment.

(e) You must return the equipment to us in good condition when the services are terminated and, if you fail to do so, we have your permission to retrieve the equipment from your premises at your expense.  You are responsible for applicable fees until we receive the equipment.  If we do not receive the equipment within a reasonable amount of time after the services are terminated, we are entitled to assume that you have lost the equipment.

(f) The equipment we provide to you always belongs to us.  This includes equipment that is lost, stolen or damaged and that you reimburse us for.  If you recover previously lost or stolen equipment for which you reimbursed us during the prior year, you will return the equipment to us and we will return the money you paid to us.

3. Your Right to Use our Services and Property is Limited

(a) The services we provide and the way we deliver them will change from time to time, in part due to our efforts to improve them.  These changes may impact the services you receive today, or may require that you change your own equipment or its configuration, or lease new or additional services from us, to continue to obtain the full benefit of those services.  If you are under a promotional offering with a set price for a period of time, you are assured that you will be charged the set price during the time specified. You are not assured that the services you receive (or that our equipment and system requirements) will remain the same. (Promotional fees should not be confused with Annual Subscriptions)

(b) The services are for your reasonable, personal non-commercial use only. You may not provide the services to any person who is not a member or guest in your household, or to persons outside your premises, whether for a fee or otherwise.  You will take reasonable precautions to prevent others from gaining unauthorized access to the services.  For example, if you use a home wireless network with the services, you will establish and use a secure password or similar means of limiting access to the members of your household.

(c) If you knowingly access services that you have not paid for, or damage or alter our equipment (or use third party equipment) in order to obtain services that you have not paid for, you will have breached this agreement and possibly subjected yourself to statutory damages, fines or imprisonment.  We can always enforce our rights with respect to theft of or tampering with our services.

(d) You are only allowed to use our software/website and other intellectual property (for example, our name and logo) as needed to receive our services.

(e) We will conduct maintenance from time to time that may interrupt the services.

6. Objectionable Material and Parental Controls

(a) Our services make available some material that may offend you or be inappropriate for members of your household. 

(b) Parental controls for Internet can be utilized by 3^rd party vendors but are the responsibility of the customer.

(c) Even if you use parental controls, your household may be exposed to materials you find objectionable.

7. Service Problems

(a) We will attempt to correct service problems caused by our equipment, but we are not required to install service or replace other equipment or software that is not provided by Centrovision.

(b) Centrovision has no liability for service interruptions except that, if you lose all Video, Internet for more than 48 consecutive hours and the cause of the outage was within our reasonable control, we will provide you a credit for that period if you request one.

(c) We have no obligation to compensate you for service problems that are beyond our reasonable control.  Examples of problems beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses or strikes.

(d) Our services may not work with equipment, software or services that we did not provide to you.  For example, some "cable ready" or "digital cable ready" televisions and DVRs may not receive or support all of our services.

8. We may Change Policies within our Customer Service Agreement

(a) We may change our Customer Service Agreement by amending the on-line version of the relevant document.  Unless you have entered into an Addendum that ensures a fixed price for a period of time (for instance, a Price Lock Guarantee Addendum), we may also change the prices for our services or the manner in which we charge for them.

(b) If you continue to use the services following any change in our Customer Service Agreement, including prices or other policies, you will have accepted the changes (in other words, made them legally binding).  If you do not agree to the changes, you will need to contact the Centrovision office and discuss your objection.

(c) Any changes to our agreements are intended to be prospective only.  In other words, the amended version of the relevant document only becomes binding on you as of the date that we make the change.

9. We May Enforce our Customer Service Agreement

(a) If you have violated our Customer Service Agreement, and have been given Notice of your violation, we have the right to suspend or terminate any or all of your services.

(b) We do not waive (in other words, give up) any rights under our agreements just because we have not previously enforced such rights.  To be legally binding on us, any waiver we grant must be in writing.  If we waive a violation of our agreements, it does not mean that we are waiving other rights, including in respect of earlier or later violations.

10. Our Services are Not Guaranteed and Our Liability is Limited

(a) Our services are not guaranteed to work or to be error free.  The services are provided "as is" and "as available" without warranties of any kind.  This includes so-called “implied warranties” (such as those of merchantability or fitness for a particular purpose). 

(b) The services and equipment and the communications you make using them, may not be secure.  You are responsible for securing your communications and data.  Centrovision will not be responsible if a third party gains access to your services, equipment, communications or data.

(c) Our services and equipment may result in damage or loss to your own services, equipment, software and data.  Centrovision is not responsible for any such damage or loss. For example, we may, at the request of the manufacturer of any third party device that you have connected (or authorized Centrovision to connect) to our network, download software to such device, which may change its features and functionality.  Centrovision is not responsible for these downloads or any resulting losses or damages.

11. Your Privacy Rights and Obligations

(a) Your privacy interests, including you ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Communications Act of 1934, as amended, and the Electronic Communications Privacy Act. You grant us permission to collect, use or disclose your personal information as described in our Subscriber Privacy Notice.

(b) Centrovision may (but has no duty to) disclose any information that it believes appropriate to protect its rights, comply with law, safeguard its personnel, property and operations, or where it believes that individual or public safety is in peril.

(c) You are responsible for protecting the information needed to securely access your account information and verify orders (for example, your social security number or passwords that we may issue to you).  If someone else acquires this information (through no fault of ours), we may assume that you have authorized that person’s use of the information and we may provide your personal information to that person as if they were you.

12. You are Consenting to Phone and Email Contact

(a) We may call any number you provide to us (or that we issue to you) for any purpose, including marketing of our services.

(b) We may email or text you using any address you provide to us (or that we issue to you) for any purpose, including marketing of our services. You are responsible for any related charges (for example, charges for incoming text messages on your wireless phone).  If you ask to have your address placed on our “do not email” list, we will not email or text marketing messages to you at that address.  To have your address placed on our “do not email” list, contact the Centrovision office.

(c) We may use automated dialing systems or artificial or recorded voices to call you.

13. You are Consenting to Use Electronic Notices and Communications

(a) Centrovision may provide notices to you using any method we determine appropriate, including by electronic means (for example, email or online posting).

14. You are Agreeing to Limit the Time You Have to Bring a Legal Action

You waive (in other words, give up) the right to commence any proceeding against Centrovision if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Centrovision in writing of the events giving rise to the proceeding within one year of their occurrence.

16. Definitions

(a) "Agreement" means this Residential Customer Service Agreement, as amended from time to time.

(b) “Bandwidth Limit” means the aggregate amount of upstream and downstream data that a high-speed data customer may send and receive in a prescribed period (for example, a monthly billing period).

(c) "Customer Agreements" refers to the agreements, notices and policies described in the introduction to this agreement

(d) “Customer Use Equipment” means the converter boxes, cable modems, remote controls and other pieces of equipment that we provide to you for use inside your premises to receive the Services (and that you must return to us if the Service is cancelled).

(e) “Dispute” means any dispute, claim, or controversy between you and Centrovision regarding any aspect of your relationship with us, including those based on events that occurred prior to the date of this agreement

(f) "Equipment" means customer equipment and other equipment utilized in connection with the services.  Equipment does not include wiring on your premises and does not include your equipment (for example, your TV or computer).

(g) "High Speed Internet Service" means our broadband Internet services.

(h) "including" or "include" means inclusion without limitation.

(i) “Maximum Throughput Rate” means the highest throughput rate that is provided by your level or tier of Internet or Wireless Data Service,

(j) “Network Management Tools” are the tools and techniques we use to manage our network, ensure a quality user experience and ensure compliance with our Acceptable Use Policy.  Examples of some Network Management Tools can be found in our Acceptable Use Policy.

(k) "OLP" or "On-line Provider" means a provider of on-line services that you may purchase with our broadband Internet service but that does not itself provide Internet connectivity.

(l) "Services" refers to the services you buy from us.  These may include video, high speed data, wireless data and digital home phone service, as well as equipment-based services like DVR service.

(m) "Software" refers to the software we provide to you in connection with the Services.  This also includes any executable code we provide for use on our equipment.

(n) “Throughput Rate” refers to the rate at which data can be transferred between your location and our facilities over a given period of time.  The Throughput Rates that we mention in our marketing and other materials refer to our Maximum Throughput Rates.

(o) "Centrovision" means Centrovision Inc.

(p) "Video Service" refers to the video and/or audio programming services we provide.

17. Term of Agreement; Termination of Service

(a) This agreement remains in effect until either of us terminates it.

(b) We may terminate your Service at any time for any reason.

(c) If you wish to terminate services, you must notify us and provide us with reasonable opportunity to disconnect the services and recover our equipment.

(d) You cannot terminate services by writing "canceled" or any other message on your bill or check.

18. You May Not Transfer Your Rights or Responsibilities to Another Person

Except with our consent, you may not transfer or assign (in other words, make another person legally responsible for) the services, the equipment or your obligation to comply with our customer agreements.