Voilatv! Terms of Service – January 2013
1. Agreement: This Agreement (the "Agreement") sets out how Tele de France, Inc ("Voilatv!") will provide the access to IPTV retransmissions, Video on Demand ("VOD"), audio and video related services through the Voilatv! Set Top Box ("STB"), Smartphones, Tablets, OTT devices and Voilatv.com (the "Services") to you in the USA. For purposes of this Agreement, "you" and "your" shall refer to the individual who wishes to use the Services. By (i) your submission of an online or phone order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the Voilatv! Terms of Service in an order form ("Order Form"); (iv) your signing an Order Form at a Voilatv! Reseller; or (v) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Voilatv! subscription package will be treated as part of this Agreement.
2. Authorized User, Use, and Responsibility:
A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
B. You understand that all information provided by you will be relied upon by Voilatv! for the provision of Services thus shall be true and accurate. You agree that Voilatv! may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify Voilatv! whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
C. You agree to use the Services for personal use only and in compliance with the then current Voilatv! Authorized Use Policy and any applicable laws and regulations. If you want to subscribe to Voilatv! Service and Equipment for a commercial establishment, you must first contact Voilatv! and obtain written approval from Tele de France.
D. You accept that Voilatv! considers anyone using the Services under your account or with your registered Equipment to be authorized by you (unless proven otherwise) and you must pay all charges due from that use..
3. Term: This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges:
A. The current effective subscription fees for Voilatv! packages and options are set out at http://www.voilatv.com/en/tv-packages/ or in the French version at www.voilatv.com/fr/loffre/
B. You agree to pay all charges for the Equipment(s), Deposits and the Services, including any charges for late payment or reactivation. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
C. You agree to provide Voilatv! with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.
D. Authorization: You agree to authorize Voilatv! to automatically charge your designated credit card at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable for subscription of any Package and Options on a monthly basis (the "Monthly Subscription"). Monthly Subscriptions will begin on the earlier of (i) five (5) days after the date Voilatv! receives and processes the new order; or (ii) the date you start using the Services and renew automatically by period of one month until canceled for monthly subscriptions, and at the end of the commitment period for yearly subscriptions, service will be renewed automatically. If the initial order date falls in the middle of the month, you will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month.
i. For All Subscription Plans:
(a) Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. Voilatv! will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of Tele de France. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
(b) Equipment Fee and Equipment Deposit: as set forth in Section 5A and 5B.
(c) Late Payment Charge: as set forth in Section 6.
(d) Suspension Fee: as set forth in Section 9.
(e) Early Termination Fee: as set forth in Section 10.
(f) Any additional charges for failure to return Leased Equipment: as set forth in Section 5C.
E. Dispute of Charges: If there is any dispute item in the monthly statement, you shall notify Voilatv! of such disputed items within thirty(30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 6. Disputes can be filed either by calling Voilatv! at 1-855-VOILATV (864-5288) or sending e-mail to firstname.lastname@example.org. Please retain your proof of filing a dispute claim.
F. You agree that Voilatv! is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Tele de France. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Voilatv! will suspend the Services until you pay all amounts due upon demand by Tele de France.
G. Customer Reaffirmation: Every time you use Voilatv! Services, you reaffirm that (i) Voilatv! is authorized to charge your designated credit card; (ii) Voilatv! may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
5. Equipment: To receive the Services on Television set, you agree to exclusively lease from Voilatv! the equipment which is constituted primarily by, but not limited to, cables, wires, amplifiers, STB/receivers/boxes and remotes (the "Equipment"). Since you lease Equipment from Voilatv! (the "Leased Equipment"), you will need to pay a one-time deposit of ninety US dollars ($90 USD) for each set of Equipment you lease (the "Equipment Deposit"). Voilatv! Will immediately charge your designated credit card for the applicable Equipment Deposit at the time the order is received.
A. Voilatv! Property: Return of Leased Equipment: All Leased Equipments remain the property of Voilatv!. You must return all Leased Equipments within 10 days upon termination or cancelation of the Services. If the Leased Equipment is returned on time and in good working condition, Voilatv! will credit your designated credit card account for the amount of the original Equipment Deposit you paid within 90 days of receipt. You need to keep the tracking number provided by the delivery service you use (for example, UPS tracking number) as evidence of your compliance with your obligation to return the Equipment. You agree to bear any additional costs incurred by Voilatv! to insure the return of the Equipment. Failure to timely return Leased Equipment at the end of your subscription will result in for each Leased Equipment not returned: (i) forfeiture of the Equipment Deposit, and (ii) a charge for the difference between then effective market price of the Equipment (currently $149.99 USD) and the Equipment Deposit you paid. You agree to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).
B. Care of Voilatv! Property: You agree that neither you nor any other person (except Tele de France's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, no right of lien and retention by third parties over the Equipment or Application is allowed.
C. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by Tele de France. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
6. Late Payment: If you delay payment, Voilatv! will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by Voilatv! If you delay your payment for one (1) month from the date of billing, Voilatv! will initiate the collection procedure and charge you a late payment charge of twenty-five US dollars ($25 USD) (the "Late Payment Charge") by way of compensation to Voilatv! for breaking the terms of this Agreement. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, Tele de France, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
7. Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscriptions will automatically be renewed each month at the then prevailing subscription fee for the same package. Yearly Subscriptions will automatically renew on a monthly basis at the completion of the mandatory subscription period of 12 months for the same package at the then prevailing monthly subscription fee of that package and Prepaid Subscription will automatically renew at the completion of the subscription period of the Prepaid Plan as calculated from that period's billing start date at the then prevailing subscription fee for the same plan (collectively, "Renewal Subscription"). The subscription fee will be charged in accordance with Section 4 (D).
8. Options: The Services may include additional options: the TV Duo Option and the Recording option which may be combined. Those options are subject having an active the subscription of at least one package per associated option.
A. If you select to the TV duo Option you agree to pay twenty US dollars ($20.00) per month in addition to your selected package subscription. You agree to pay a ninety US dollars ($90) deposit upfront for the second box required for that option. The TV Duo option must be used in the same household.
B. If you select the Recording option you agree to pay nine US dollars ($9.00) per month in addition to the selected package subscription. You agree to use recordings for your personal use in accordance with terms of article 17 of this agreement.
9. Option Changes: Changing Options Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day. Voilatv! will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new Subscription fee according to Section 4(D)
10. Suspension: You may request suspension of your subscription up to a maximum period of two (2) consecutive whole months for the Equipment activated under your account at a suspension fee ("Suspension Fee") of fifteen US dollars ($15.00 USD) per month. The minimum period for suspension is one (1) month and the maximum is two (2) months. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at time of request for the number of months requested. Services will be stopped on the suspension start date and will be automatically reactivated on the same calendar date of the last elapse month for the period specified. For clarity, the suspension period does not count as part of a subscription period.
11. Cancellation: You may cancel your subscription at anytime to Voilatv! Service by notifying us at the Customer Service number 1-855-VOILATV (864-5288). Cancellation prior to the expiration of the 12 months period may be subject to cancellation fees.
You agree that you have no cancellation rights prior to the expiration of the Annual Subscription period. If you terminate your subscription prior to the expiration of the Annual Subscription period, all remaining monthly charges for the period (12 months) shall be due at the time of cancellation. In addition, you agree, at your sole cost, to return all leased Equipment, in good working order, normal wear and tear accepted, no later than 7 days after the end of your Annual subscription and be responsible for any additional costs incurred by Voilatv! to insure return of the Equipment.
12. Disruption of Services: You agree that in no event shall Voilatv! be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Tele de France's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to Voilatv! and Voilatv! will either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that Voilatv! shall not be liable for any incidental or consequential damages.
13. Repair of Leased Equipment: Voilatv! will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in Tele de France's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Voilatv! Leased Equipment. Voilatv! makes no warranties, with respect to Voilatv! Leased Equipment or Services provided by Voilatv! or with respect to the Equipment's compatibility with any Customer-owned equipment.
14. Communication Charges: In order to receive Services from Tele de France, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access Voilatv! Services. You also agree to bear any communication charges incurred by accessing Voilatv! Services through a third-party network, such as a cable, internet service provider or wireless carrier.
15. Customer Property: You are responsible to obtain and maintain equipment to access Voilatv! Services on www.voilatv.com. Voilatv! assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs, computers, laptop or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
16. Your Privacy:
A. Voilatv! maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that Voilatv! may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Voilatv! Services.
B. You agree that Voilatv! may record your conversations with Voilatv! call center representatives for the purpose of tracking records and improvement of our Customer Service.
17. Reproduction of Programs: You agree that the programs provided by Voilatv! will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Services, we may take immediate action to disconnect you from the Services or terminate your agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and Voilatv! reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
18. Voilatv!'s Rights:
A. Voilatv! has no obligation to monitor content or Services accessible by means of the Voilatv! STB or wireless card. However, you acknowledge and agree that Voilatv! has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. Voilatv! shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Voilatv!'s Equipment and Services.
19. Customer Service: If you have any technical faults and administration questions or want to request any changes in your Voilatv! account, you may contact Voilatv! customer service either by calling Voilatv! at 1-855-VOILATV (864-5288) or sending e-mail to email@example.com.
20. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
21. Breach of Agreement: Tele de France, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii) you fail to pay the payment due for the Services within 30 days after Tele de France's written notice; or (iii) if for reasons outside Tele de France's control, Voilatv! cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. Tele de France's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to Voilatv! in the event that Voilatv! shall find it necessary to preserve and protect its rights under this Agreement.
22. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Voilatv! and are subject to change at any time in accordance with applicable law. Voilatv! has no control over the extent, limitation or expansion of the selection of programs offered, which are decided by the broadcasters. Furthermore, you understand that due to blackouts limitation imposed by the broadcaster some programs may, from time to time, be blocked or replaced.
23. Changing the Term of Service
Thus, from time to time, Voilatv! reserves the right to offer through special promotions or incentives discounts on its regular prices and may ask in return for a one year commitment to its service (equipment rental included). If you subscribed to such a promotional offer, the minimum subscription period shall then automatically be extended to the period indicated in the offer and is subject to the specific terms and conditions as set forth in that promotion. As a result, you are committing to keep your subscription active during the period indicated in such promotion or offer. You understand that an early cancellation or termination of your subscription will result in Voilatv! keeping the security deposit you made on the equipment that was leased to you as a guarantee (even if you return of the returned that equipment) and you authorize us to immediately charge the credit card or any other method of payment you provided for termination fees equivalent to the number of months remaining until the end of your annual subscription. (monthly fee plus equipment rental fees). Once the early termination fees have been collected by us, the security deposit you made shall be reimbursed to you within 30 days of return of the equipment tested to be in good working condition.
24. Disclaimer: Voilatv! assumes no liability for any program or information distributed over the system unless locally produced by Tele de France. Voilatv! shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Tele de France.
25. Limitation of Liability: Voilatv! aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by Voilatv! will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Tele de France. In no event shall Voilatv! (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Voilatv! has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
26. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.