Residential Customer Agreement
5. About your use of the DTH Equipment
(a) The IRD Receiver/Decoder Unit
Your right to receive and view the Programming is granted only for IRDs situated in
Canada that have been authorized by ExpressVu to receive such Programming. Your IRD
will not operate without a Smart Card. ExpressVu reserves the right to verify that the
service address is located in Canada and that all active IRD’s on your account are located
at the address listed on your account as your “service address”. If any Subscriber is found
to be in violation of this or any other provision or policy, ExpressVu may disconnect
access to the Programming immediately without notice to such Subscriber. As a
Subscriber, you are responsible for all Programming that is ordered for your IRD. If you
have concerns about other persons ordering Programming for your IRD without your
authorization, request a personal identification number (PIN) for your account, which
will be used by our Customer Service Centre to help prevent unauthorized Programming
orders. You may also contact our Customer Service Centre to determine if any particular
IRD model is compatible with all Programming in which you are interested.
(b) Programming requires telephone connection
ExpressVu requires each IRD to be directly and continuously connected to the same
operating telephone line associated with your account. Any exception to this requirement
must be approved by ExpressVu prior to activation. Connection to an operating telephone
line is a condition of our granting you the right to receive and view the Programming and
we may, in our sole discretion, disconnect some or all Programming if we determine that
the IRD is not connected in this manner. We may verify the location of your IRDs
remotely or by contacting you directly. If ExpressVu is unable to contact you to perform
this verification, it may limit signal reception to a single receiver to a household
containing multiple receivers.
(c) Minimum level of Programming required
As a condition of our granting you the right to receive and view the Programming, you
are required to subscribe to and maintain a minimum level of Programming. If you are a
subscriber under a Term Contract, please review that document to determine the
minimum level of Programming required, otherwise, please contact 1-888-SKY-DISH for
all inquiries. In addition, unless your Term Contract states otherwise, the minimum
period of time that you must continue to subscribe to at least the minimum level of
Programming (and pay for it) is one (1) month. If you became or are an existing
Subscriber to ExpressVu’s Service before September 30, 2004, you must meet the
minimum spend requirements described in Section 6(f) below.
(d) Smart Cards
Smart Cards are non-transferable. Your Smart Card will work only in the IRD with which
it was packaged. Notwithstanding that the Smart Card was packaged with your IRD when
you purchased it, all Smart Cards remain our property and any tampering or other
unauthorized modification to a Smart Card may result in, and subject you to, legal action,
or any other action as set out in this Agreement. If you attempt to use that Smart Card
with any other IRD without our authorization, we may terminate your right to receive and
view the Programming. We may require that you return the Smart Card to us if it is
defective or damaged, prior to providing a replacement Smart Card to you. In addition,
we may require that you return the Smart Card to us if you terminate your account, and
failure to do so will result in a recovery charge being assessed against you.
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