Residential Customer Agreement
(b) Billing policies, Statements and payments
You agree to pay, in full, all amounts billed for Programming and to pay all taxes, fees
and other charges, if any, which are now or may in the future, be assessed on the
Statement for Programming and any other services you receive from us. We will bill you
each month in advance for your Programming. (Usage based Programming will be billed
in arrears.) The Statements you receive will show the total amount due, together with
other changes since your last Statement, such as applied payments, credits, purchases and
other charges to your account. It will also show any other fees assessed. Unless otherwise
stated in the Statement, the total amount due is payable upon receipt. If there are billing
errors or other requests for credit, you should contact our Customer Service Centre. You
must contact us within forty-five (45) days of the date you receive the Statement which
contained the error, in order to avoid service disruptions. Undisputed portions of the
Statement must be paid before the next Statement is issued to avoid an administrative fee
for late payment. Additional copies of your Statement can be requested from the
Customer Service Centre, subject to payment of the appropriate additional Statement fee.
(c) Paying your bill late, or with insufficient funds
You agree to pay us in full by the payment due date for the Programming and for any
other fees or charges due to us. Payment of your bill after the due date, will result in us
charging you interest on all overdue amounts up to the greater of: a) a compounded
interest rate of two per cent (2%) per month (26.82% per year); or b) the highest interest
rate permissible by law, at ExpressVu's discretion, until paid in full. If your account
remains unpaid for a period of sixty (60) days, we may also charge you an administration
fee, to offset the additional processing costs associated with delinquent accounts. The
administration fee is currently twenty-five dollars ($25.00). Other fees and charges may
also be assessed. For example, cheques which are dishonoured or returned for insufficient
funds, or a refused bank account/credit card preauthorized debit, will be subject to an
“NSF Fee”, currently twenty-five dollars ($25.00) per occurrence. If partial payments are
made, they will be applied first to the oldest outstanding bill. If you send cheques or
money orders marked “payment in full,” we can accept them without waiving any of our
rights to collect any other amounts owed by you, notwithstanding your characterization
of the payment. You understand and agree that in the case of late payment or nonpayment
for any Programming ordered by you or for any of the charges stated below, we may
report such late payment or nonpayment to credit reporting agencies.
(d) Termination of Programming by ExpressVu
If you do not pay in full all amounts owing as shown on your Statement within thirty (30)
days after the date when payment is required, or if you fail to comply with any of your
obligations under this Agreement at any time, we have the right to disconnect your
Programming, in our sole discretion, and without notice or demand to you. We also
reserve the right, without notice or demand, to take whatever steps are necessary to
disable or modify the software in your IRD if you breach any of your obligations under
this Agreement, including, without limitation, receiving Programming that you have not
paid for, in whole or in part. When we disconnect your Programming, we have the right
to charge you a deactivation fee, which is currently fifty dollars ($50.00). If we are
required to use a collection agency or lawyer to collect money that you owe us or to
assert any other right that we may have against you, you agree to pay the reasonable costs
of collection or other action. These costs may include, but are not limited to, the costs of
a collection agency, reasonable legal fees and court costs. We will require you to pay all
past due charges, and the deactivation fee, and any costs which are reasonably incurred
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