These Terms and Conditions (the "Terms" or "Service Terms") govern your subscription to and use of the television services that we provide. They form a binding contract between you and Mitchell Seaforth Cable T.V. Ltd. ("MSCTV", "we", "us", "our" or "ourselves"). Please read them carefully. We have written them in plain language and in a question-and-answer format to make them easier to understand.
Throughout these Terms:
"Account Holder", "I", "me", "you", "your" and "yours" refer to the person who subscribes to the Services, and also to any person you authorize to use the Services or to act as your personal representative in connection with the Services;
"Agent" means an entity other than MSCTV that provides the sales, administrative, customer support and other service elements described in Section 3;
"Agent-Supplied Equipment" means any device, equipment or hardware used to access the Services or used in conjunction with the Services that the Agent supplies to you pursuant to the Agent Terms of Use;
"Agent Terms of Use" means an Agent’s terms and conditions with respect to the Service elements described in Section 3;
"Agreement" has the meaning set out in Section 2;
"CCTS" means the Commission for Complaints for Telecom-television Services;
"CIS" or "Critical Information Summary" means the critical information summary applicable to your Services, as described in Section 9;
"Commitment Period" means the minimum commitment period (if any) for your Services, as set out in your CIS;
"CRTC" means the Canadian Radio-television and Telecommunications Commission;
"Customer Accessed Content" has the meaning described in Section 22;
"Customer Provided Content" has the meaning described in Section 23;
"Fees" means all fees, charges and applicable taxes associated with your Services;
"Identifiers" means any account identifiers, numbers or addresses including but not limited to Service account numbers, personal identification numbers, and any electronic addresses);
"MSCTV Parties" means MSCTV and its affiliates, licensors, suppliers, representatives and Agents;
"Policies" means any MSCTV policies that apply to the Services, as described in Section 14;
"Privacy Policy" means MSCTV's privacy policy, available at https://msctv.ca/privacy.html, as described in Section 24;
"Residents of Quebec" means that your service address is located in the Province of Quebec;
"Services" or "TV Services" means the IPTV (Internet Protocol television) services that we provide, as described in Section 15, including all related Software, which is considered an element of the Services;
"Software" means any software used to access the Services or used in conjunction with the Services;
"Supported Equipment" means devices (such as smart televisions, streaming devices, set-top boxes, tablets and mobile devices) that you own and that MSCTV has approved for use with the Services – contact the Agent for a full list of Supported Equipment, which may change from time to time;
"TVSP Code" means the CRTC Television Service Provider Code; and
"Website" means MSCTV's website at msctv.ca.
The "Agreement" consists of, and incorporates by reference, the following documents:
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to the applicable Critical Information Summary, order confirmation or service order, then to these Service Terms, then to MSCTV's Policies, then to any MSCTV document describing features, products or services and lastly to any other document incorporated by reference.
If you subscribe to Services through an Agent, the Agent Terms of Use govern the matters described in Section 3.
Agents provide various sales, administrative, customer support and other service elements, including with respect to:
The Agent Terms of Use set the terms and conditions for the items listed above. You must agree to the Agent Terms of Use when ordering Services. Please contact the Agent directly for all concerns relating to these items, or the applicable provisions of the Agent Terms of Use.
For certainty, MSCTV is your provider of TV Services at all times, even if an Agent provides the service elements listed above.
Prior to using or installing the Services, you will be presented with these Terms and prompted to indicate your agreement to them and the Agreement. If you do not agree to these Terms, do not use the Services. Please review this Agreement carefully before accepting. You agree that MSCTV may provide you with a permanent copy of the Agreement by email.
This Agreement begins on your acceptance of this Agreement and the activation of your Services. If your service plan includes a Commitment Period (as stated in your CIS), you are bound for that period. After the Commitment Period expires, your Services continue on a month-to-month basis until cancelled in accordance with these Terms. Your CIS states the start and end dates of any Commitment Period, the renewal terms (including whether the Agreement renews automatically and for how long), and the early-cancellation charge, the formula for calculating it, and the date on which it no longer applies.
Yes, subject to applicable law, we may make unilateral changes to the Services and these Terms, including Fees, Policies (including all terms of such Policies), Software (any functionality or Terms relating to Software) and any Section of these Terms, from time to time. Where we change Fees, we will give you at least 60 calendar days’ notice before the change takes effect, clearly explaining the change, when it takes effect, and your options if you no longer wish to subscribe. Where the Agreement renews on expiry of an initial Commitment Period, we will give you at least 90 calendar days’ notice before the end of that initial Commitment Period of any changes that take effect on renewal.
Not applicable to Residents of Quebec:
We may make a change that benefits you (such as a rate reduction or an added service at no charge) during the Commitment Period without your consent.
Only applicable to Residents of Quebec:
We will not make any unilateral changes to essential elements of the Agreement during a Commitment Period.
If a change entails an increase in your obligations or a reduction in our obligations, you may cancel the Agreement without cost, penalty or early cancellation charge by sending us a notice of cancellation within thirty (30) days of the date that the change comes into force. We will remind you of these rights notices of amendment to the Agreement.
Yes, at no charge. We will provide you with a permanent copy of this Agreement and the related documents within 15 calendar days. If we do not provide the permanent copy, or if the permanent copy conflicts with what you agreed to, you may cancel the Agreement without penalty within 30 calendar days of entering into it. During the Commitment Period, you may also request a permanent copy, and a copy in an alternative format if you have a disability, at no charge, and we will provide it.
If we make a change to a term, condition, Fees, channel or package that is not to your benefit, you may, as your remedy, cancel the affected Services without an early-cancellation charge by notifying the Agent before the change takes effect or within 30 calendar days afterward, as required by applicable law and the TVSP Code.
Your Critical Information Summary is a short, plain-language document that summarises the key elements of your Agreement.
You agree to pay all Fees and charges associated with your Services as set out in your CIS. You will be billed by the Agent. You are responsible for paying the Agent for all Fees when due, pursuant to the Agent Terms of Use.
The Agent Terms of Use shall determine: (i) acceptable payment methods; (ii) any applicable late payment terms; and (iii) processes for billing disputes. We will not disconnect your Services solely for non-payment of a charge that you are disputing in good faith in accordance with the applicable terms of the Agent Terms of Use. You authorize the Agent to process payments on MSCTV's behalf, and you authorize the Agent to charge any unpaid and outstanding amount to you.
You are responsible for keeping your account contact information accurate and up to date, and for notifying the Agent promptly of any changes, so that the Agent can send you notices and invoices. You are responsible for all use of the Services through your account, and for keeping your account credentials, profiles, parental-control settings and personal identification numbers confidential. If your account is compromised, you must notify the Agent promptly; you remain responsible for charges incurred through your account until you notify us, except to the extent applicable law provides otherwise.
Yes. If you subscribe to Services delivered to a residential service address, you agree to use the Services for your personal, non-commercial use. If you subscribe to Services delivered to a commercial service address (e.g., restaurant, bar, hotel, etc.), you agree to use the Services for the benefit of patrons, guests and other occupants of the commercial premises.
You may not: resell the Services; receive any charge or benefit for the use of the Services; use a single account in connection with more than one service address; or transfer your Services without our express consent. The Services are licensed for use within Canada only, and access all applicable laws.
Yes, we have policies that apply to Services, including the Privacy Policy and acceptable use policy ("Policies"). Our Policies form part of the Agreement and are available on the Website or on request. You must comply with the Policies. MSCTV can only adopt new Policies and change Policies pursuant to Section 6 of the Terms.
Applicable only to Residents of Quebec:
Policies will be presented to you with the Terms when you are asked to accept the Terms and Agreement pursuant to Section 4 of the Terms.
The Services are IPTV services, which may include: live television channels and channel packages; a la carte channels; replay, look-back and start-over features; cloud or network DVR recording; video-on-demand (VOD); user profiles; parental controls; search and recommendation features; multi-screen viewing; and related applications. To use the Services you need: (a) a compatible broadband Internet connection (Internet service is not included in your TV charges); and (b) Agent-Supplied Equipment or Supported Equipment. You are solely responsible for your Agent-Supplied Equipment and / or Supported Equipment. You are also solely responsible for the cost and performance of your Internet connection.
Contact the Agent and consult the Agent Terms of Use for information on Service activation and installation.
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or compatible with all devices or systems. We are not responsible for: the content, accuracy or availability of third-party programming or content; the performance or compatibility of customer-owned devices; programming blackouts, withdrawn channels, or scheduling changes imposed by content providers; or interruptions or failures caused by your Internet service provider. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable consumer-protection law.
Yes. Channels, packages, features and functionality may change from time to time due to content-licensing or rights availability, technology or security requirements, or legal and regulatory obligations, subject to the notice provisions in Section 6. You may contact the Agent to change the discretionary channels or packages you receive, pursuant to the Agent Terms of Use.
We aim to provide reliable Services, but outages can occur. If an outage happens, we will work to restore your Services as soon as possible. If you experience a complete loss of Service, you may be entitled to a credit or refund in accordance with the TVSP Code and applicable law.
You may use either the Agent-Supplied Equipment or Supported Equipment to receive the Services. You are solely responsible for obtaining, maintaining and securing:
We are not responsible for the performance or compatibility of Agent-Supplied Equipment or Supported Equipment. If you have any issues with Agent-Supplied Equipment or Supported Equipment, please contact the Agent.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Software, in accordance with the Agreement, solely to access and use the Services:
You may not copy, modify, reverse-engineer, distribute, sublicense or create derivative works from the Software except as permitted by law. We may provide Software updates from time to time, and may install them automatically; updates may be required for you to continue using the Services. You agree to accept these Software updates.
All programming, content, trademarks, logos, software and other materials made available through the Services are owned by MSCTV or its licensors and suppliers and are protected by intellectual-property and other laws ("Customer Accessed Content"). You are granted only a limited right to access and view Customer Accessed Content for your personal, non-commercial use during the term of the Agreement. You may not copy, record (except as expressly permitted by a DVR feature for personal use), redistribute, publicly perform, or commercially exploit any Customer Accessed Content.
If you provide any content in connection with the Services (such as reviews, ratings, or communications) ("Customer Provided Content"), you grant MSCTV a non-exclusive, royalty-free, worldwide licence to use that content to the extent necessary to provide and improve the Services, subject to the Privacy Policy. Identifiers assigned to you by MSCTV remain our property or that of our suppliers, and we may change them where reasonably necessary.
Applicable only to Residents of Quebec:
We will communicate changed or new Identifiers to you.
Our collection, use, and disclosure of your personal information is governed by the MSCTV Privacy Policy, available at https://msctv.ca/privacy.html. By using the Services, you acknowledge that you have reviewed and accept the Privacy Policy.
Yes. By entering into the Agreement, you consent to receiving commercial electronic messages (such as emails and text messages) from MSCTV. These may include information about your account and service updates. With your separate consent, we may also send you offers and promotions. You may withdraw your consent to receiving promotional commercial electronic messages at any time by using the unsubscribe mechanism in the message or by contacting us; we may still send you non-promotional messages relating to your account and Services.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MSCTV Parties from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your breach of this Agreement; (b) your misuse of the Services; (c) your violation of any applicable law; or (d) any third-party claim resulting from the use of your account. This Section 26 does not require you to indemnify MSCTV to any extent prohibited by applicable consumer-protection law.
To the maximum extent permitted by applicable law, the MSCTV Parties’ total aggregate liability to you for any and all claims arising from or related to this Agreement or the Services, whether for negligence, breach of contract, tort, or other cause of action, including fundamental breach, is limited to payment, upon request, of a maximum amount during the 90 days preceding the claim.
The MSCTV Parties are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, data, recordings, business opportunities, or goodwill, regardless of the cause of action and even if advised of the possibility of such damages. These limits are in addition to any other limits on MSCTV’s liability set out elsewhere in the Agreement. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including applicable provincial consumer-protection legislation, or liability for gross negligence or wilful misconduct causing physical injury, death, or damage to tangible property.
Only applicable to Residents of Quebec:
The foregoing limitation of liability shall not apply to the acts of MSCTV Parties.
You may cancel your Services at any time by providing written notice to the Agent pursuant to the Agent Terms of Use. You remain responsible for all Fees owing up to the effective date of cancellation. You must also comply with all cancellation related terms set out in the Agent Terms of Use.
Not applicable to Residents of Quebec:
If you cancel during a Commitment Period, an early-cancellation charge may apply as set out in your CIS; that charge compensates MSCTV for subsidies or discounts provided in exchange for your commitment, and your CIS sets out the total charge, the formula for calculating it, and the date on which it no longer applies. You acknowledge that this charge is a reasonable estimate of MSCTV’s liquidated damages, represent consideration for the Services, and is not a penalty.
If you cancel month-to-month Services, you will obtain a refund for the cancelled portion of monthly service Fees that you have paid in advance, pro-rated based on the number of days left in the last monthly billing cycle after cancellation.
To the maximum extent permitted by law, one-time activation and installation fees are non-refundable.
Applicable only to Residents of Quebec:
If you cancel during a Commitment Period, an early-cancellation charge may apply as set out in your CIS. Early cancellation charges shall not exceed the value of the economic inducements that we offered in combination with the Commitment Period that is being cancelled. If no economic inducement was offered, the maximum cancellation charge shall be the lesser of $50 and an amount representing not more than 10% of the Fees for the outstanding balance of the Commitment Period.
If you transfer your Services to another provider, your Services will be cancelled as a result, and the cancellation provisions in Section 30 will apply to the cancelled Services.
Your Services may be cancelled by us for a breach of this Agreement, subject to applicable law and the TVSP Code. Before your Services are disconnected for non-payment, you will be given notice and a reasonable opportunity to pay. Your Services will not be cancelled solely because you are disputing a charge in good faith in accordance with Section 11. If your account remains overdue after the notice period, your account may be referred to collections by the Agent. Reconnection after disconnection may be subject to the restoration provisions and reactivation fee in Section 32, and to any reconnection cost set out in your CIS or fee schedule.
If we cancel your month-to-month Services, you will obtain a refund for the cancelled portion of monthly service Fees that you have paid in advance, pro-rated based on the number of days left in the last monthly billing cycle after cancellation.
To the maximum extent permitted by law, one-time activation and installation fees are non-refundable.
Not applicable to Residents of Quebec:
If we cancel your Services during a Commitment Period pursuant to this Section 30, an early-cancellation charge may apply as set out in your CIS; that charge compensates MSCTV for subsidies or discounts provided in exchange for your commitment, and your CIS sets out the total charge, the formula for calculating it, and the date on which it no longer applies. You acknowledge that this charge is a reasonable estimate of MSCTV’s liquidated damages, represent consideration for the Services, and is not a penalty.
Applicable only to Residents of Quebec:
If we cancel your Services during a Commitment Period pursuant to this Section 31, an early-cancellation charge may apply as set out in your CIS. Early cancellation charges shall not exceed the value of the economic inducements that we offered in combination with the Commitment Period that is being cancelled.
Yes. To the extent permitted by applicable law and the TVSP Code, we may restrict, block, suspend, disconnect or terminate any or all of your Services where: (a) you fail to pay amounts when due, as reported by the Agent; (b) you breach this Agreement, including any acceptable-use restriction; (c) your account poses an undue risk to MSCTV, its systems, or other customers (for example, fraud, abuse of the Services, or security threats); (d) continuing the Services becomes unlawful or impracticable; or (e) we lose the rights necessary to provide the Services. Before we suspend or disconnect your Services (other than in an emergency or where required by law), we will provide you with reasonable notice and an opportunity to address the issue.
If your Services have been restricted, blocked, suspended, disconnected or terminated by MSCTV or the Agent, restoration of your Services may be subject to: (a) full repayment of all outstanding amounts owing for Services; (b) payment of a $50.00 service reactivation fee; (c) re-establishment of a valid pre-authorized payment method where required; (d) changes to your Fees on an ongoing basis; and (e) any additional terms set out in the Agent Terms of Use.
If you have a complaint or concern, please contact the Agent. If your concern is not resolved to your satisfaction, you may contact the Commission for Complaints for Telecom-television Services (CCTS), an independent agency that resolves complaints about telecommunications and television services:
Mail: P.O. Box 56067 – Minto Place RO, Ottawa, ON, K1R 7Z1;
Toll-free: 1-888-221-1687;
TTY: 1-877-782-2384;
Fax: 1-877-782-2924;
Email: response@ccts-cprst.ca; and
Website: www.ccts-cprst.ca.
For unresolved disputes other than those within the CCTS’s mandate, you and MSCTV may agree to resolve the dispute through binding arbitration before a single arbitrator, conducted in the province of your service address in accordance with applicable arbitration legislation. Nothing in this Section 33 limits your right to complain to the CCTS, the CRTC, or to exercise any right you have under applicable consumer-protection legislation.
Yes. To enter into this Agreement, you must be of the age of majority in your province or territory of residence, be a resident of Canada at a service address we serve and have the legal capacity to enter into a binding contract.
Yes. If you are a person with a disability, you are entitled to a trial period of at least 30 calendar days from the date your Services begin. During this trial period, you may cancel your Services without penalty and without paying any installation or early-cancellation charge. This Section 35 applies in addition to any other cancellation right in this Agreement.
This Agreement is governed by and construed in accordance with the applicable laws of Canada and by the laws of the province in which your service address is located. You also submit to the jurisdiction of the courts of the province in which your service address is located.
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect. Any term that by its nature should survive the cancellation or expiry of the Agreement, including provisions on Fees and outstanding amounts, intellectual property, privacy, limitation of liability, indemnification, and dispute resolution, shall survive the termination of the Agreement.
You may not assign or transfer this Agreement or your account without our prior written consent. MSCTV may assign this Agreement, in whole or in part, without your consent provided that your rights under this Agreement and the TVSP Code are not reduced as a result.
This Agreement constitutes the entire agreement between you and MSCTV regarding the Services and supersedes all prior agreements and understandings. The parties have requested that this Agreement and all related documents be drafted in English. Vous reconnaissez avoir demandé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.
The Agent is your primary contact with respect to all matters relating to Services. Please contact the Agent at the contact coordinates listed on their website and / or in the Agent Terms of Use.