This Agreement (the "Agreement") sets out how FRENCHYTV will provide IPTV Box service. 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; or (iii) 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 FRENCHYTV 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 FRENCHYTV for the provision of Services thus shall be true and accurate. You agree that FRENCHYTV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify FRENCHYTV 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 FRENCHYTV Authorized Use Policy and any applicable laws and regulations. If you want to subscribe to FRENCHYTV Service and Equipment for a commercial establishment, you must first contact FRENCHYTV and obtain written approval from FRENCHYTV.
D. You accept that FRENCHYTV 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 FRENCHYTV packages and options are set out at http://www.frenchytv.net/commande.html
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 FRENCHYTV 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 FRENCHYTV 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 FRENCHYTV receives and processes the new order; or (ii) the date you start using the Services and renew automatically by period of one month for monthly subscriptions, and at the end of the commitment period for prepaid 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.
E. 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. FRENCHYTV 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 FRENCHYTV. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable. You agree that FRENCHYTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by FRENCHYTV. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), FRENCHYTV will suspend the Services until you pay all amounts due upon demand by FRENCHYTV.
F. Customer Reaffirmation: Every time you use FRENCHYTV Services, you reaffirm that (i) FRENCHYTV is authorized to charge your designated credit card; (ii) FRENCHYTV 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. Late Payment:
If you delay payment, FRENCHYTV 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 FRENCHYTV.
You may change your subscription at any time by calling customer service at 888-407-1688 or cancel the Services in accordance with Section 7. 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 if no prior cancellation has been made on a monthly basis at the completion of the mandatory subscription period of 12 months. Renewal is made for the same package at the then prevailing monthly subscription fee of that package. 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").
You may cancel your subscription to FRENCHYTV Service at anytime by notifying us at the Customer Service number 1-888-407-1688.
8. Disruption of Services: You agree that in no event shall FRENCHYTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond FRENCHYTV '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 FRENCHYTV and FRENCHYTV 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 FRENCHYTV shall not be liable for any incidental or consequential damages.
6.8. Repair of Equipment:
FRENCHYTV will repair and/or replace defective Equipment within 12 months (warranty period) 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 Equipment is due to your negligent use or abuse or if no fault is discovered in FRENCHYTV 's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged FRENCHYTV Equipment.
7.9. Communication Charges:
In order to receive Services from FRENCHYTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access FRENCHYTV Services. You also agree to bear any communication charges incurred by accessing FRENCHYTV Services through a third-party network, such as a cable, Internet service provider or wireless carrier.
8.10. Customer Property:
You are responsible to obtain and maintain equipment to access FRENCHYTV Services on www.frenchytv.net
FRENCHYTV 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.
9.11. Your Privacy:
FRENCHYTV maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that FRENCHYTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of FRENCHYTV Services.
10.12. Reproduction of Programs:
You agree that the programs provided by FRENCHYTV 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 FRENCHYTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
11.13. FRENCHYTV 's Rights:
A. FRENCHYTV has no obligation to monitor content or Services accessible by means of the FRENCHYTV STB. However, you acknowledge and agree that FRENCHYTV 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. FRENCHYTV shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of FRENCHYTV 's Equipment and Services.
12.14. Customer Service:
If you have any technical faults and administration questions or want to request any changes in your FRENCHYTV account, you may contact FRENCHYTV customer service either by calling FRENCHYTV at 1-888-407-1688 or sending e-mail to firstname.lastname@example.org
13.15. Assignment or Transfer:
This Agreement and the Equipment are not assignable or otherwise transferable by you unless prior consent has been received from Frenchytv.
14.16. Breach of Agreement: FRENCHYTV, at its option, may suspend or terminate the Services 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 FRENCHYTV 's written notice; or
(iii) if for reasons outside FRENCHYTV 's control, FRENCHYTV cannot continue to provide the Services; or
(iv) if you are involved in unlawful copying of content of any of the TV Services. FRENCHYTV 's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to FRENCHYTV in the event that FRENCHYTV shall find it necessary to preserve and protect its rights under this Agreement.
15.17. Changing the Term of Service:
Sometimes, FRENCHYTV will need to change the Term of Service. We will publish details of all changes online at: http://frenchytv.net/terms-of-use
FRENCHYTV assumes no liability for any program or information distributed over the system unless locally produced by FRENCHYTV. FRENCHYTV 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 FRENCHYTV.
17.19. Limitation of Liability:
FRENCHYTV aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by FRENCHYTV 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 FRENCHYTV. In no event shall FRENCHYTV (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 FRENCHYTV has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
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.
19.21. Choice of Law:
You and FRENCHYTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and FRENCHYTV, shall be construed by and covered under and in accordance with the laws of the State of Nevada without reference to its principles of conflicts of laws.
Last Update: January 2015