Residential Customer Agreement
Programming commitment you agreed to, certain fees or charges may be applicable
pursuant to the Term Contract you entered into. Please refer to your Term Contract to
determine the applicable fees or charges, if any.
(ii) Terminating or cancelling your Programming: You have the right to terminate the
reception of all of your Programming for any reason at any time by notifying our
Customer Service Centre. ExpressVu will deactivate all the Programming you receive on
the thirtieth day after receiving your notice to cancel. However, if you are a Term
Contract Subscriber, and you call to deactivate all of your Programming, certain fees or
charges may be applicable pursuant to the Term Contract you entered into. Please refer
to your Term Contract to determine the applicable fees or charges, if any. If you are
entitled to a credit for any amount in excess of ten dollars ($10.00), ExpressVu will send
you a cheque for that refund amount upon customer request, but we will not offer any
refund for an amount of less than ten dollars ($10.00).
(iii) If you cancel your right to receive and view any Programming, you are still
responsible for payment of all outstanding balances accrued up to the date of termination.
(b) If you want to temporarily suspend your Programming
You may temporarily suspend your right to receive and view the Programming at any
time simply by contacting the Customer Service Centre, provided that your Programming
is suspended for a minimum period of six (6) weeks, and not greater than six (6) months.
ExpressVu charges an account administration fee, currently $9.99, for this service. Upon
reactivation, the minimum one (1) month service requirement set out in Section 5(c) will
apply. If you fail to call and reactivate your account at the end of the permitted six (6)
month period, your account will automatically be reactivated, billing will be resumed and
you will receive the Programming you were receiving prior to its suspension. If you have
temporarily suspended your Programming and decide during that time to terminate or
downgrade your Programming pursuant to Section 7(a) (i) or (ii) above, as applicable,
your account will automatically be reactivated prior to any such requested change taking
effect so that the terms and conditions of Section 7(a) (i) or (ii), as applicable, shall apply
to your request to terminate or downgrade your Programming.
(c) Your transfer of account or equipment
You may not assign or transfer your rights to the Programming without our written
consent. If you do, we may deactivate your Programming. You agree to notify us
immediately, but in any event not more than five (5) days, after you move, sell, give
away or otherwise transfer any part or all of your DTH Equipment to anyone else. You
are considered to be the registered owner of your DTH Equipment and beneficiary of the
rights in the Programming until we receive such notice, and you may be liable for any
charges or fees incurred by the use of your DTH Equipment by anyone else up to the time
that we receive your notice. To transfer your DTH Equipment to another person or
account, an administration transfer fee of thirty-five ($35.00) will be applied to the
account of the new owner.
8. Furnishing of Programming by ExpressVu
(a) Exclusion of Liability
EXPRESSVU, AND/OR ANY OF ITS SUPPLIERS (INCLUDING, WITHOUT
LIMITATION, TELESAT CANADA) WILL NOT BE LIABLE FOR ANY
INTERRUPTIONS IN PROGRAMMING OR LIABLE FOR ANY DELAY OR
FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN
CONNECTION WITH ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS,
POWER FAILURE, SATELLITE FAILURE OR MALFUNCTION, FAILURE TO
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