This agreement ("Agreement") sets forth the terms and conditions agreed to by the user ("Client") and Affordable IPTV DBA AffordableIPTV.ca (hereinafter called Affordable IPTV). The Client may be defined as an individual person or persons, a business entity, or both. By accepting this agreement, the Client agrees to be bound by the information contained herein and the Acceptable Use Policy ("AUP") as well as any other agreement or addendum (collectively known as the "Agreements") pertaining to the products and services (collectively known as the "Services") offered by Affordable IPTV through the website ("Site") and will be in effect from the date of account creation ("Account") and/or when Services are ordered ("Order"). You must register and accept the terms of this Agreement in order to use the Services.
This Agreement supersedes any other previous agreement. Affordable IPTV can at any time, upon notice, modify, change, or expand upon this Agreement, AUP as well as any other agreement or addendum including any polices or guidelines as it sees fit and at its sole discretion. Unless otherwise noted, these changes will be applicable to all clients whether they be existing or future clients. Any changes or modifications will be effective upon posting on Affordable IPTV's Site. Affordable IPTV will provide a period of notice of thirty (30) days prior to making such changes and will provide notice to these changes on the Site however Affordable IPTV may modify, change or expand upon their policies and guidelines without notice to you. The continued use of Affordable IPTV's Services by the Client constitutes a binding agreement and understanding to any changes and will be deemed to accept the changed Agreements.
Table of Contents
Section
1. Acceptable Use Policy (AUP)
2. Privacy Policy
3. Service Level Agreement (SLA)
4. Account Setup and Maintenance of Information.
5. Services.
6. Term.
7. Billing and Payments.
8. Refunds/Suspensions/Termination
9. Storage Limitations/Records Retention.
10. Third (3rd) Party Content.
11. Branding.
12. Indemnification.
13. Disclaimer of Warranties.
14. Limitation of Liability.
15. Requests for Customer Information.
16. Abuse.
17. Back Up Copy.
18. Changes to Affordable IPTV's Network.
19. Notices.
20. Force Majeure.
21. Governing Law/Disputes.
22. Miscellaneous.
22. Other.
1. Acceptable Use Policy (AUP)
The Client agrees to use the Services in compliance with applicable law and
Affordable IPTV's AUP posted at https://www.AffordableIPTV.ca/acceptable-use-policy.php,
which is hereby incorporated by reference in this Agreement. The Client agrees
that Affordable IPTV may, in its reasonable commercial judgment consistent with
industry standards, amend the AUP from time to time to further detail or
describe reasonable restrictions and conditions on the Client's use of the
Services. Amendments to the AUP are effective on the earlier of Affordable IPTV's
notice to the Client that an amendment has been made, or the first day of any
Renewal Term that begins subsequent to the amendment. The Client agrees to
cooperate with Affordable IPTV's reasonable investigation of any suspected
violation of the AUP. In the event of a dispute between Affordable IPTV and the
Client regarding the interpretation of the AUP, Affordable IPTV's commercially
reasonable interpretation of the AUP shall govern.
2. Privacy Policy
The Privacy Policy governs the usage of the Client's information and Affordable
IPTV's responsibilities in maintaining this information and it's usage of. The
full Privacy Policy is posted at https://www.AffordableDomains.ca/privacypolicy.php which
is hereby incorporated by reference in this Agreement. The Client agrees that
Affordable IPTV may, in its reasonable commercial judgment consistent with
industry standards, amend the Privacy Policy from time to time. The Client
agrees that continued use of the Services after changes have been made will be
considered expressed consent in acknowledging such changes.
3. Service Level Agreement (SLA)
The Service Level Agreement (the "SLA") remedies (if any) are the
Client's sole and exclusive remedies for Affordable IPTV's failure to provide
the services in accordance with this Agreement. The full SLA is posted at https://www.AffordableDomains.ca/service-level-agreement.php.
The Client agrees that Affordable IPTV may, in its reasonable commercial
judgment consistent with industry standards, amend the SLA from time to time.
The Client agrees that continued use of the Services after changes have been
made will be considered expressed consent in acknowledging such changes.
4. Account Setup and Maintenance of Information.
a. The Client agrees that the information provided to Affordable IPTV
when opening the Account and/or when submitting an Order is accurate and
correct
b. The Client is of the age of majority and is legally able to
enter in to an Agreement with Affordable IPTV.
c. The Client agrees to update any contact information including
name, email and mailing address, and phone number.
d. The Client acknowledges that support will only be provided to
any contact(s) that are listed on the Account.
e. Affordable IPTV may require from the Client that they supply a
valid method of payment be kept on file on their Account at the time of the
setup of the Account or for the Order of Services. The Client authorizes
Affordable IPTV to charge that valid payment method for Services provided by
Affordable IPTV for any outstanding fees for Services.
5. Services.
Services are offered and subject to the availability of the necessary
facilities and equipment, and subject to the provisions of this Agreement. We
reserve the right not to provide Services of any Order where necessary
facilities, equipment or services are not available for any reason whatsoever.
Affordable IPTV may request additional information at its sole discretion to
verify the validity of the order and may cancel and refund any Order for
Services it deems necessary.
6. Term.
The initial service term of the Agreement shall begin on the date that
Affordable IPTV generates an e-mail message to the Client announcing the
activation of the Client's Service (the "Service Commencement Date")
and shall continue for the period of time stated in the Order (the
"Initial Term"). Upon expiration of the Initial Term, this Agreement
shall automatically be renewed (the "Renewal Term") for the same
period as the Initial Term. The Initial Term and any Renewal Term may be
referred to collectively in this Agreement as the "Term."
a. Services will be deemed to be renewed by the Client unless the
Client provides Affordable IPTV with notice of termination through the Client's
Account prior to the end of the Term for the specific Service being cancelled.
The notice of termination will be considered valid once Affordable IPTV has
adequately verified the authenticity of the request and will provide
confirmation of acceptance of said notice of termination.
b. Affordable IPTV may review and make any commercially reasonable
changes to any plans or products or discontinue plans. Notice of changes to
services effective the first day of a Renewal Term will be given to the Client
at least forty five (45) days prior to the beginning of the Renewal Term, and
if the Client does not give a notice of non-renewal as provided in Section 6
(a) above, the Client shall be deemed to have accepted the changes for that
Renewal Term and any subsequent Renewal Terms. Where a product will be discontinued,
every effort will be made to provide a suitable replacement Service where
commercially reasonable.
7. Billing and Payments.
Services for the Initial Term or Renewal Term are to both paid in advance. The
Term will be indicated on the Order and the Client agrees that by submitting
the Order confirms acceptance of the Term
a. Payment for Initial Term. Services are to be paid in advance as
indicated on the Order before the first day of Initial Term period indicated on
the Order. When the Order is paid and any requirements for Services have been
completed, Affordable IPTV will generate notification of Service Commencement
Date.
b. Payment for Renewal Term. Unless otherwise advised by the
Client, an invoice to the Client will be sent via electronic mail to the
Primary Client or Billing Contact listed on the Account. The invoice will be
generated in advance prior to the end of the Term.
c. Prorata Billing. The Client may request additional services
through their Account. Where applicable billing periods will be prorated to
match the renewal date of the first Service Commencement Date and will be paid
in advance for each Initial Term and Renewal Term.
d. Altering Billing Cycle Length. Where applicable, The Client can
switch between any advertised Term lengths as advertised on the Site by
contacting Affordable IPTV through the Account to request a change to the term
length. Any outstanding invoices may need to be paid before changes to billing
terms can be completed.
f. Payment Methods. For a list of updated payment options, please
visit our Site.
g. If the Account maintains a credit/debit card, PayPal Billing
Agreement, or other forms of automatic billing ("Automatic Billing")
on file, the Client authorizes Affordable IPTV to bill subsequent fees to the
credit/debit card on or after the first day of each Term of the Agreement;
otherwise Affordable IPTV will invoice Client via electronic mail to the
Primary Customer Contact or Billing Contact listed on the Account prior to the
end of the Initial or Renewal Term. Payments may be accepted in the currency
indicated on the Order. If the Client is paying by PayPal, the Client agrees to
keep the PayPal Account and PayPal Funding Source current and funded, and your
PayPal Account backed by a valid credit card.
h. The Client is responsible for providing Affordable IPTV with
changes to billing information (such as credit card expiration, change in
billing address).
i. Account Credit Balance. The Client can at their discretion chose
to add funds to their account to be used against future payments, whether they
be an Initial Term or Renewal Term. Overpayments that are made automatically to
Affordable IPTV that are not applied to an Initial Term or Renewal Term will be
automatically be converted to a credit balance on the account. Credit balances
are not refundable. If a credit balance is refunded a ten (10) percent fee will
be applied on the balance refunded. If a credit balance is on file when there
are no active Services for greater than twenty four (24) months, any credit
balance will be removed from the Account.
k. Overdue Accounts. Affordable IPTV may suspend any and all
Services without notice if payment for any Initial or Renewal Term is overdue
by more than seven (7) days. Affordable IPTV may levy a fee up to ten (10)
percent for any overdue payments not received within five (5) days of due date
on invoice. Fees not disputed within thirty (30) days of due date are
conclusively deemed accurate. Affordable IPTV may levy a charge to the Client
of $50 for any returned payment or chargeback. The Client agrees to pay
Affordable IPTV's reasonable reinstatement fee following a suspension of
service for non-payment, and to pay Affordable IPTV's reasonable costs of
collection of overdue amounts, including collection agency fees, attorney fees
and court costs. Affordable IPTV may charge interest on overdue amounts at the
lesser of 1.5% per month or the maximum non-usurious rate under applicable law.
l. Fee Increases. Affordable IPTV may increase its fees for
services effective the first day of a Renewal Term by giving notice to the
Client of the new fees at least forty five (45) days prior to the beginning of
the Renewal Term, and if the Client does not give a notice of non-renewal as
provided in Section 6 (a) above, the Client shall be deemed to have accepted
the new fee for that Renewal Term and any subsequent Renewal Terms.
m. Taxes. At Affordable IPTV's request and identified on the Order
or Invoice, the Client shall remit to Affordable IPTV all sales, GST, PST, VAT
or similar tax imposed on the provision of the Services (but not in the nature
of an income tax on Affordable IPTV), regardless of whether Affordable IPTV
fails to collect the tax at the time the related services are provided.
8. Refunds/Suspensions/Termination
a. Refunds.
Affordable IPTV provides a seven (7) day money back guarantee to all new
Clients for Services as advertised on the Site. Services that do not mention a
money back guarantee either on the Site or in the Order will not be eligible
for a refund under this guarantee.
A Client may initiate a request for a refund under this guarantee by sending a
ticket to billing through the Account during the first seven (7) days of the
Clients initial Service with Affordable IPTV.
This guarantee is only available to new Clients which are defined as any person
or organization that has not purchased Services from Affordable IPTV before,
through any Account, whether the Account is active, inactive, or closed. If
there is a dispute to the interpretation of a new Client, Affordable IPTV, in
its reasonable commercial judgment, shall govern.
This guarantee covers IPTV access, and does not cover any fees
charged for setup or additional fees charged for services during the first seven (7) days
Affordable IPTV will not provide refunds under the money back guarantee is
there has been a violation to this Agreement, the AUP or any other agreement
relating to the Services provided.
Any requests for refunds outside of this and/or prorated refunds will not be
provided.
b. Suspension of Service. Customer agrees that Affordable IPTV may
suspend services to Customer without notice and without liability if:
i. Affordable IPTV reasonably believes that the Services are being
used in violation of this Agreement, including the AUP
ii. Customer fails to cooperate with any reasonable investigation
of any suspected violation of this Agreement, including the AUP
iii. Affordable IPTV reasonably believes that the suspension of
service is necessary to protect its network or its other customers, or
iv. As requested by a law enforcement or regulatory agency.
v. For any Overdue Payment as outlined in Section 5 – Term
subsection k. Overdue Accounts
vi. If any payment for Services is returned, charged back, or
disputed to Affordable IPTV.
vii. If the Client does not provide correct and accurate
information on themselves, or their identity, or as established is Section 4 –
Account Setup and Maintenance of Information.
The Customer shall pay Affordable IPTV's reasonable reinstatement fee if
service is reinstituted following a suspension of service under this
subsection.
c. Termination.
i. Early Termination/Cancellation. As outlined in Section 5 – Term
subsection a, the Client can provide Affordable IPTV with notice of termination
through the Client's Account at any time prior to the end of the Initial Term
or Renewal Term. The Client acknowledges that any fees paid for an Initial Term
or Renewal Term are paid in advance and that Affordable IPTV will not prorate
any fees for unused time remaining until the natural expiration of the Initial
or Renewal Term.
ii. Termination due to Agreement/AUP violation. If Affordable IPTV
is to terminate your account in failure to comply with the Agreements with
Affordable IPTV, including any AUP violations, the account may be terminated
immediately and without warning. Data may not be retained and payment may not
be refunded.
Either party may terminate this agreement upon ten (10) days advance notice if
the other party admits insolvency, makes an assignment for the benefit of its
creditors, files for bankruptcy or similar protection, is unable to pay debts
as they become due, has a trustee or receiver appointed over all or a
substantial portion of its assets, or enters into an agreement for the
extension or readjustment of all or substantially all of its obligations.
9. Storage Limitations/Records Retention.
a. Storage. As indicated on the Order, the Services have a fixed
storage limit. The Client may not store any content that, when received,
exceeds the storage limit, or may delete other content already stored to create
storage capacity for the content. This content would therefore be permanently
lost to the Client. In the alternative, Affordable IPTV may, but is not
required to, store the additional content and charge the Client for storage
overage fees. It is the Client's obligation to monitor the remaining storage
capacity of the Services.
b. Records Retention. Affordable IPTV's obligation to store e-mail
messages or any other content terminates at the effective date of expiration or
termination of the Services. At the Client's written request made at or prior
to the termination of the Service, Affordable IPTV will provide, where
possible, a copy of the Client's data on a fee basis no later than seven (7)
days following the date of the request. Affordable IPTV will not be responsible
for records that are not available or not complete.
10. Third (3rd) Party Content.
The Client whom enters in to this Agreement is responsible for all data on
their Account. Any such violation of this Agreement by any 3rd party will be
the responsibility of the Client.
11. Branding.
The Client may not use Affordable IPTV's name, services, trademarks, logos,
terms or other identifying marks, materials, or trade dress on the Client's
Site or any other way that may infringe on the distinctiveness of Affordable IPTV's
brand or potentially cause harm to the commercial image or reputation of
Affordable IPTV. If the Client is a reseller, the Client may also not use the
aforementioned except with Affordable IPTV's prior written consent; provided,
however, that the Client may not remove any copyright notice that Affordable IPTV
has placed on any software or other materials provided to The Client. Each
party acknowledges and agrees that the other party retains exclusive ownership
and rights in its trademarks, service marks, trade secrets, inventions,
copyrights, and other intellectual property. Neither party may use the other
party's name or trade mark without the other party's prior written consent
12. Indemnification.
The Client agrees to indemnify and hold harmless Affordable IPTV, Affordable IPTV's
affiliates, Affordable IPTV's Service Providers, and each of their respective
officers, directors, agents, and employees from and against any and all claims,
demands, liabilities, obligations, losses, damages, penalties, fines, punitive
damages, amounts in interest, expenses and disbursements of any kind and nature
whatsoever (including reasonable attorney fees) brought by a third party under
any theory of legal liability arising out of or related to the actual or
alleged use of the Client's services in violation of applicable law or the AUP
by Client or any person using Client's log on information, regardless of
whether such person has been authorized to use the services by Client.
13. Disclaimer of Warranties.
Affordable IPTV does not warrant or represent that the Services will be
uninterrupted, error free, or completely secure. To the extent permitted by
applicable law, Affordable IPTV disclaims any and all warranties including the
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. To the extent permitted by applicable law, all Services are
provided on an ‘As Is' basis.
14. Limitation of Liability.
a. Limitation on Indirect Liability. NEITHER PARTY SHALL BE LIABLE
TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD
HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION
WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF
THE POSSIBILIY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A
REMEDY.
b. Limitation on Amount of Liability. NOTWITHSTANDING ANYTHING ELSE
IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY TO Affordable
IPTV UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT
LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE
AMOUNT PAID THE CLIENT TO Affordable IPTV FOR TWELVE (12) MONTHS PRIOR TO THE
EVENT GIVING RISE TO LIABILITY.
c. Exceptions to Limitations. These limitations of liability apply
to the fullest extent permitted by applicable law but do not apply to breaches
of confidentiality obligations, violations of a party's Intellectual Property
Rights by the other party, or indemnification obligations.
15. Requests for Customer Information.
Customer agrees that Affordable IPTV may, without notice to Customer:
a. Report to the appropriate authorities any conduct by the
Customer or any of Customer's customers or end users that Affordable IPTV
believes violates applicable law, and
b. Provide any information that it has about the Customer or any of
its customers or end users in response to a formal or informal request from a
law enforcement or regulatory agency in response to a formal request in a civil
action that on its face meets the requirements for such a request.
16. Abuse.
The Customer acknowledges that they are to conduct themselves in a manner that
is respectful and free of abusive language, threats, harassment and
discrimination. Affordable IPTV will exercise its discretion and determine
actions and steps to ensure discontinuance of such actions or behaviours from
warnings up to and including discontinuing of Services and Account.
17. Back Up Copy.
The Customer agrees to maintain a current copy of all content hosted by
Affordable IPTV notwithstanding any formal and subsequent agreement entered in
to by Affordable IPTV and the Client to provide backup services.
18. Changes to Affordable IPTV's Network.
Upgrades and other changes in Affordable IPTV's network, including, but not
limited to changes in its software, hardware, and Service Providers, may affect
the display or operation of the Customer's hosted content and/or applications.
Affordable IPTV reserves the right to change its network in its commercially
reasonable discretion, and Affordable IPTV shall not be liable for any
resulting harm to Customer.
19. Notices.
Notices to Affordable IPTV under the Agreement shall be given via email to
info@AffordableDomains.ca. Notices to the Customer shall be given via email to
the individual listed as the Primary Customer Contact on the Order. Notices are
deemed received on the day transmitted, or if that day is not a business day,
on the first business day following the day delivered. Customer may change his,
her or its notice address by a notice given in accordance with this Section.
20. Force Majeure.
Affordable IPTV shall not be in default of any obligation under the Agreement
if the failure to perform the obligation is due to any event beyond Affordable IPTV's
control, including, without limitation, significant failure of a portion of the
power grid, significant failure of the internet, natural disaster, war, riot,
insurrection, epidemic, strikes or other organized labor action, terrorist
activity, or other events of a magnitude or type for which precautions are not
generally taken in the industry.
21. Governing Law/Disputes.
The Agreement shall be governed by the laws of the Province of Ontario,
exclusive of its choice of law principles, and the laws of the Canada, as
applicable. The Agreement shall not be governed by the United Nations
Convention on the International Sale of Goods. THE EXCLUSIVE VENUE FOR ALL
DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE PROVINCIAL
AND FEDERAL COURTS IN ONTARIO, CANADA, AND EACH PARTY AGREES NOT TO DISPUTE
SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
22. Miscellaneous.
a. The parties intend for their relationship to be that of
independent contractors and not a partnership, joint venture, or
employer/employee. Neither party will represent itself to be agent of the
other. Each party acknowledges that it has no power or authority to bind the
other on any agreement and that it will not represent to any person that it has
such power or authority.
b. The Customer acknowledges that Affordable IPTV's does not
represent nor have the power of authority to bind the Agreement on its Services
Providers and that this Agreement is between the Customer and Affordable IPTV.
c. This Agreement may be amended only by a formal written agreement
signed by both parties.
d. The terms on the Customer's purchase order or other business
forms are not binding on Affordable IPTV unless they are expressly incorporated
into a formal written agreement signed by both parties.
e. A party's failure or delay in enforcing any provision of the
Agreement will not be deemed a waiver of that party's rights with respect to
that provision or any other provision of the Agreement.
f. A party's waiver of any of its right under the Agreement is not
a waiver of any of its other rights with respect to a prior, contemporaneous or
future occurrence, whether similar in nature or not.
g. The captions in the Agreement are not part of the Agreement, but
are for the convenience of the parties.
h. The following provisions will survive expiration or termination
of the Agreement: Fees, indemnity obligations, provisions limiting liability
and disclaiming warranties, provisions regarding ownership of intellectual
property, these miscellaneous provisions, and other provisions that by their
nature are intended to survive termination of the Agreement.
i. There are no third party beneficiaries to the Agreement. Neither
insurers nor the customers of resellers are third party beneficiaries to the
Agreement.
j. The Customer may not transfer the Agreement without Affordable IPTV's
prior written consent. Affordable IPTV's approval for assignment is contingent
on the assignee meeting Affordable IPTV's creiteria. Affordable IPTV may assign
the Agreement in whole or in part.
22. Other.
Usage & Service Terms
You may not either directly or through the use of any device, software, internet site, web-based service, or other means, re-stream, distribute, broadcast or transmit the content.
Third-party Purchases
Your transactions and other dealings with third-party vendors that are found on or through the service, including “click to purchase”, and other comparable programs, are solely between you and such dealer.
Quality of Streams
A perfect viewing experience relies upon your network access and device capabilities. The elements will be based on your location, internet capacity, the number of devices connected to the same network, the content you have chosen, and the configuration of the device you are using. Subsequently, Affordable IPTV cannot make any guarantees about the content in these regards. Please note sharing a subscription will result in permanent suspension or a device ban.
Used Balance
Please note that all the subscriptions made and credits used are final and non-refundable.
VPN or Proxy Usage
Using a VPN or proxy server is allowed while connecting to our servers.
Compatibility
In order to access the services, you must use devices that meet the system and compatibility prerequisites that we establish in our help center.
Internet Service & Data Usage
You are in charge of any expenses related to your network access used to get to our services.
Sharing a Subscription
Sharing a subscription is NOT permitted. You can only have 1 active stream open at any given time. However, by purchasing extra subscriptions, you can watch on multiple devices at the same time.
Purchase Details
In order to make a purchase, you will need to follow the ordering procedures described via the service. Pricing details for products and the procedures for payment and delivery are displayed via the service and are subject to change without notice.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.