FRANCOPHONETV Terms of Service

May 2015

Agreement:

This Agreement (the "Agreement") sets out how FRANCOPHONE TV will provide an IPTV Box resell and installation. 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 FRANCOPHONE TV Terms of Service in an order form ("Order Form"); (iv) your signing an Order Form at a FRANCOPHONE TV 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 FRANCOPHONE TV subscription package will be treated as part of this Agreement.

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Authorized User, Use, and Responsibility:

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.
You understand that all information provided by you will be relied upon by FRANCOPHONE TV for the provision of Services thus shall be true and accurate. You agree that FRANCOPHONE TV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify FRANCOPHONE TV whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
You agree to use the Services for personal use only and in compliance with the then current

FRANCOPHONE TV Authorized Use Policy and any applicable laws and regulations. If you want to subscribe to FRANCOPHONE TV Service and Equipment for a commercial establishment, you must first contact FRANCOPHONE TV and obtain written approval from FRANCOPHONE TV.

You accept that FRANCOPHONE TV 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.

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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.

Payment of Charges:

The current effective subscription fees for FRANCOPHONE TV packages and options are set out at http://www.FrancophoneTV.com/commander.html

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.

You agree to provide FRANCOPHONE TV 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.

Authorization:

You agree to authorize FRANCOPHONE TV 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 FRANCOPHONE TV receives and processes the new order; or (ii) the date you start using the Services and renew automatically by period of one month. 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.

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. FRANCOPHONE TV 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 FRANCOPHONE TV. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
You agree that FRANCOPHONE TV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by FRANCOPHONE TV. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), FRANCOPHONE TV will suspend the Services until you pay all amounts due upon demand by FRANCOPHONE TV.

Customer Reaffirmation:

Every time you use FRANCOPHONE TV Services, you reaffirm that (i) FRANCOPHONE TV is authorized to charge your designated credit card; (ii) FRANCOPHONE TV 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.

Late Payment:

If you delay payment, FRANCOPHONE TV 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 FRANCOPHONE TV.
If you delay your payment for one (1) month from the date of billing, FRANCOPHONE TV 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 FRANCOPHONE TV 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, FRANCOPHONE TV, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.

Renewal:

You may cancel the Services at any time otherwise they will automatically be renewed each month.
Subscriptions will automatically renew on a monthly basis the same package selected at the time of order and at the then prevailing monthly subscription fee for your selected 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").

Cancellation:

You may cancel your subscription to FRANCOPHONE TV Service at anytime by notifying us by email at support@francophonetv.com. In addition, you agree, at your sole cost, to return all Equipment, in good working order, normal wear and tear accepted, no later than 15 days after your cancellation request.

Disruption of Services:

You agree that in no event shall FRANCOPHONE TV be liable for any failure or interruption of  the services resulting in part or entirely from circumstances beyond FRANCOPHONE TV'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 FRANCOPHONE TV and FRANCOPHONE TV will either provide you with a pro-rata credit relating to such failure or interruption. You agree that FRANCOPHONE TV shall not be liable for any incidental or consequential damages.

Repair of Equipment:

FRANCOPHONE TV will repair and/or replace defective 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 Equipment is due to your negligent use or abuse or if no fault is discovered in FRANCOPHONE TV's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged FRANCOPHONE TV Equipment. FRANCOPHONE TV makes no warranties, with respect to FRANCOPHONE TV Equipment or Services provided by FRANCOPHONE TV or with respect to the Equipment's compatibility with any Customer-owned equipment.

Communication Charges:

In order to receive Services from FRANCOPHONE TV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access FRANCOPHONE TV Services. You also agree to bear any communication charges incurred by accessing FRANCOPHONE TV Services through a third-party network, such as a cable, internet service provider or wireless carrier.

Customer Property:

You are responsible to obtain and maintain equipment to access FRANCOPHONE TV Services. FRANCOPHONE TV 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.

Your Privacy:

FRANCOPHONE TV maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that FRANCOPHONE TV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of FRANCOPHONE TV Services.

Reproduction of Programs:

You agree that the programs provided by FRANCOPHONE TV 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 FRANCOPHONE TV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.

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FRANCOPHONE TV's Rights:

A. FRANCOPHONE TV has the right to monitor STB use from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its service properly, or to protect itself or its Customers.

B. FRANCOPHONE TV shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of FRANCOPHONE TV's Equipment and Services.
Customer Service: If you have any technical faults and administration questions or want to request any changes in your FRANCOPHONE TV account, you may contact customer service by sending e-mail to support@francophonetv.com

Assignment or Transfer:

This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

Breach of Agreement:

FRANCOPHONE TV, 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 FRANCOPHONE TV's written notice; or (iii) if for reasons outside FRANCOPHONE TV's control, FRANCOPHONE TV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. FRANCOPHONE TV's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to FRANCOPHONE TV in the event that FRANCOPHONE TV shall find it necessary to preserve and protect its rights under this Agreement.

Changing the Term of Service:

Sometimes, FRANCOPHONE TV will need to change the Term of Service. We will publish details of all changes online at: http://Francophonetv.com/terms-of-use

Disclaimer:

FRANCOPHONE TV assumes no liability for any program or information distributed over the system.
FRANCOPHONE TV 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 FRANCOPHONE TV.

Limitation of Liability:

FRANCOPHONE TV aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by FRANCOPHONE TV 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 FRANCOPHONE TV. In no event shall FRANCOPHONE TV (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 FRANCOPHONE TV has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.

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.

Choice of Law:

You and FRANCOPHONE TV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and FRANCOPHONE TV, shall be construed by and covered under and in accordance with the laws of the State of Texas without reference to its principles of conflicts of laws.