In addition to these General Terms and Conditions of Service, Subscriber agrees to be bound by the terms of service for the applicable TRES service as set forth at www.tresnetworks.com, such as TRES Digital TV, TRES Internet and TRES Digital Voice, as such may be updated from time to time (collectively, the “Terms of Service”), which are incorporated herein by this reference. In the event of any conflict between these Terms and Conditions below and the Terms of Service, the Terms of Service shall control.
- Payment of Charges: Subscriber will be billed monthly in advance for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for Pay Per View, On Demand or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber agrees to pay all monthly charges and all applicable fees and taxes as itemized on the TRES monthly bill and notify TRES of disputed items within ten (10) days of receipt, or longer as provided by applicable law. Failure to pay charges billed (including checks returned for insufficient funds) may result in discontinuance of Service, the removal of all TRES Equipment (as defined below) and/or imposition of a late payment or service charge. If the Subscriber has more than one account (Business and/or Residential) served by TRES, all TRES provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
- TRES Property: All equipment, including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, and routers distributed to and/or installed for use in the Subscriber’s service location(s) by or on behalf of TRES (“Equipment”) remains the property of TRES. None of the Equipment shall become a fixture. TRES property is intended to service and reside at the specific service location and is not to be used off premises without TRES authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with TRES’s then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.
- Disruption of Service: In no event shall TRES be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond TRES’s reasonable control. Subject to applicable law, credit with respect to Subscriber’s recurring monthly subscription fee may be given for qualifying outages of TRES Services.Subject only to the exception of willful misconduct or fraud, TRES shall under no circumstances be held liable for any indirect loss, damage or expense, including, without limitation, loss of profits, revenues, goodwill, management time or anticipated savings or any other form of indirect or consequential damages resulting from TRES’ failure to perform its contractual obligations and/or arising from any negligent conduct in connection with such performance and/or arising from or in connection with any unavailability, delay, interruption, disruption or degradation in or of the Service, nor for any loss, destruction or degradation of information.
- Repair of TRES Equipment: TRES will repair and/or replace defective Equipment, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. TRES is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to television sets, or other video equipment, computers, modems, or any other related Subscriber-provided equipment. TRES makes no warranties, with respect to Equipment or Service provided by TRES or with respect to the Equipment’s compatibility with any Subscriber-provided equipment.
- Subscriber Property: TRES assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber-provided equipment and/or software. Subscriber is responsible for the repair and maintenance of Subscriber-provided equipment and/or software. TRES is not responsible or liable for any loss or impairment of TRES’s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber-provided equipment and/or software.
- Taxes: Subscriber agrees to pay any local taxes (e.g. sales tax, Bureau Telecommunicatie & Post fees, etc.) imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
- Care of TRES Property: Subscriber agrees that neither Subscriber nor any other person (except TRES’s authorized personnel) will open, tamper with, service, make any alterations to, or remove any Equipment from the service address of initial installation. Any alteration, tampering, removal, etc. or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
- Access to Subscriber Premises: Subscriber authorizes TRES and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber’s premises to install, inspect, maintain and/or repair the Equipment and, upon the termination of Service, to remove the same from the premises. TRES’s failure to remove its Equipment shall not be deemed abandonment thereof.
- Assignment or Transfer: This Agreement and the Services and/or Equipment supplied by TRES are not assignable or otherwise transferable by Subscriber, without specific written authorization from TRES.
- Termination of Service: Unless otherwise terminated in accordance with the terms hereof or the Terms of Service, this agreement shall automatically renew after the initial term on a successive three month basis unless notification is provided by the subscriber to TRES within 30 days of the initial contract expiration date or within 30 days prior to the following successive three month term. After the end of the initial term, TRES reserves the right to adjust the rates of the service(s) at any time.
- Breach of Agreement: In the event of any breach of this agreement (including the Terms of Service) by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of TRES, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using the Service, this agreement may be, at TRES’s option, terminated and TRES’s Equipment removed. Subscriber shall pay reasonable collection and/or attorney’s fees to TRES in the event that TRES shall find it necessary to enforce collection or to preserve and protect its rights under this agreement.
- Security Deposit: Any security deposit given by Subscriber for the Equipment or TRES’s Service will be due and payable at the contract signature date. Such security deposits will be returned to Subscriber within sixty (60) days of termination of TRES’s Service so long as payment has been made for all amounts due on Subscriber’s account and Subscriber has returned the TRES Equipment undamaged.
- Content and Services: All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
- Rates: All rates are subject to change in accordance with applicable law.
- Late Fee: If your account is 15 days past due TRES may immediately terminate all your services without notice. You may be charged an applicable disconnection, late or reconnection fee in addition to your past due balance at TRES’s then current rate. You can avoid incurring late fees by paying your monthly bill promptly.
- Disclaimer: TRES assumes no liability for any program, services, content or information distributed on or through the Services and TRES expressly disclaims any responsibility or liability for your use thereof. Further, TRES shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
- Entire Agreement: These Terms and Conditions (including the Terms of Service) constitute the entire agreement between the Subscriber and TRES. No undertaking, representation or warranty made by an agent or representative of TRES in connection with the sale, installation, maintenance or removal of TRES’s Services or Equipment shall be binding on TRES except as expressly included herein.
SECURITY ALERT SYSTEM LIMITATION
Although we will provide a wire connection so that TRES Voice services are available for use with your existing security system, it is your responsibility to follow-up with your alarm company to confirm that they have your correct and current phone number and to perform any periodic operational tests that your central station-monitoring provider might recommend. You further understand that in the event of an outage your TRES Voice service may not be available to contact your central station-monitoring provider.
Effective February 17, 2014