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FOR IPTV CUSTOMERS ONLY - CUSTOMER AGREEMENT (Effective 10/01/08) Triple Play Technology Solutions, LLC(“Triple Play ”) CUSTOMER AGREEMENT This Agreement describes the terms and conditions regarding your receipt of and payment for Triple Play IPTV Service (“Service”). If you do not accept these terms, please notify us immediately and we will cancel your Service (our contact information is listed below). You accept this Agreement and are legally bound by its terms and conditions if you decide to do any of the following things: activate your Triple Play account, receive Triple Play Service or use your Service after making any change or addition when we have told you that the change or addition requires acceptance. If you accept this Agreement, it will apply to all Triple Play Service, including your existing Triple Play subscription. The current Agreement is always available for your review at www.tritv.net. This is your copy of the Agreement. Please read it carefully. Please note that there may be additional terms and conditions pertaining to a particular Service promotion. Thank you for supporting the Triple Play Service. You can contact us at 1-800-585-6181 or (626) 593-4418, by sending an e-mail to
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, or by writing to: Triple Play Technology Solutions, LLC 2387 Wandering Ridge Dr Chino Hills CA 91748 For general information about Triple Play ® Service, please visit our Web site at www.triplayers.com 1. Programming Subscriptions A. Basic Programming Service. Currently, funding for Triple Play primarily comes from individual paying subscribers. Triple Play now offers monthly subscriptions only. Triple Play basic monthly programming Service consists of video and radio channels and Video-On-Demand content selected at Triple Play ’s sole discretion. This agreement will apply to all Triple Play service regardless of the length of subscription. B. Programming Changes. Specific channels and programs and the number of channels and programs on the Triple Play IPTV system are subject to change without notice, and Triple Play reserves the right to replace entire channels or programs in its sole discretion. Most existing full-channel programmers have long-term contracts for carriage on the Service subject to maintaining certain program content and other contractual requirements. Many changing considerations affect availability, cost and quality of programming. Triple Play reserves the unrestricted right to change, rearrange, add or delete programming channels and change subscription prices. In the event of a change in the contents of any programming or programming packages, you understand and agree that we have no obligation to replace or supplement the programming or programming packages previously offered that have been deleted, rearranged or otherwise changed unless otherwise indicated in this Agreement. You can always decide to cancel your Service in whole or part if you do not accept the change. If you do not cancel, your continued receipt of Triple Play constitutes acceptance. This right to cancel does not relieve any other commitments made under a separate promotional agreement. 2. Equipment A. Installation and Activation. IPTV Service can only be received using “Broadband” internet service with ample and sufficient speed, which you must obtain from a third party provider. Triple Play makes no representations that the “Broadband” service that you obtain will be sufficient to handle IPTV. Triple Play assumes no liability for your failing to contract for a “Broadband” service that is capable of handling Triple Play IPTV Service. Triple Play assumes no liability for any “Broadband” issues that may arise with your third-party provider to include but not limited to connectivity, download speed, or security. B. Additional Receivers. If you want to watch different Triple Play programs on different televisions in your home at the same time, you will need an additional IPTV receiver for each television. Extra receivers can be added at any time and ordered directly from Triple Play . There will be an additional monthly charge from Triple Play for each additional IPTV receiver box installed. This fee is subject to change, and may be terminated in the future or be changed by Triple Play . Please note that you will need more “Broadband” capability to view multiple IPTV signals at the same time. 3. Payment A. Terms and Conditions. You will pay in advance at our rates in effect at the time for all recurring Service ordered by you or anyone who uses your receiving equipment, with or without your permission, through all periods until the Service is cancelled. You agree to pay all amounts charged for programming and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed on the programming you receive from us. Our Billing Policies may be viewed at www.tritv.tv B. Billing Policies. No statement will be mailed. All monthly fees will be automatically applied to the payment method used on your original order and will be charged on the one month from the origini invoice) of each month. You may request a different payment method after your equipment has been shipped and the initial charge processed. Changes to payment method must be made no less than seven (7) business days prior to your billing cycle in order to ensure that the new method is charged. You agree to pay us in full on or before the payment due date. If the payment method provided fails, we will charge you an administrative Late Payment Fee. Triple Play does not extend credit to our customers; therefore the Late Payment Fee is not interest, a credit Service charge or a finance charge. You acknowledge that this fee is reasonably related to the actual expense we incur due to late payment. You understand and agree that, in the case of failed payment or nonpayment for any programming ordered by you or for any of the charges stated below, Triple Play may report such failed payment or nonpayment to credit reporting agencies. If you do not provide a valid payment method by the due date, Triple Play has the right to disconnect your programming at any time thereafter, at our sole discretion. Triple Play may require you to pay all past due charges, a Reconnect Fee, a deposit equal to a minimum of one month’s advance charges and all outstanding balances accrued through the date of deactivation, before Triple Play reconnects your programming. Deposits will not be held segregated from other funds and shall not earn or accrue interest. C. Administrative Fees and Taxes. You will pay all taxes or other governmental fees and charges, if any, which are assessed. In addition to the amounts due for programming, and monthly recurring charges, you agree to pay the administrative fees referenced below (“Fees”) when applicable. Triple Play reserves the right to increase these Fees or add additional Fees in the future, in our sole discretion. Listed below are administrative fees that may be charged by Triple Play . To learn the current charge for each administrative fee, please contact us at the telephone number or e-mail address displayed at the beginning of this document. All administrative fees are subject to change without notice. Late Payment Fee Reconnect Fee Change Service Fee Returned Payment Fee Activation Deactivation D. Questions about Your On-line Billing Statement. If you think your statement is incorrect, or you need information about it, call or write us as soon as possible. The e-mail address, postal address and telephone number for our Customer Service Center is displayed at the beginning of this document. Failure to timely notify us of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. E. Programming Suspension or Conversion. If you paid a pre-paid subscription to any programming and your account is past due for any amounts owed to us, at our option we may suspend any or all programming until payment is received. Triple Play will apply any of your pre-paid subscription to a monthly subscription; Triple Play will first apply the amount you paid for your pre-paid subscription to any past due amounts and then any remaining amounts to future obligations. F. Collections. If Triple Play uses a collection agency or attorney to collect money you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorney’s fees and court costs. G. Cancellation of Our Obligations. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a receiver, liquidator, or trustee is appointed for your property or affairs, Triple Play shall be wholly relieved from our obligations hereunder. 4. Service Term and Cancellation The term of this Agreement is indefinite and you will continue to receive Triple Play until cancelled as provided for herein. You have the right to cancel Triple Play for any reason at any time by notifying us via telephone or in writing at the phone number, e-mail or postal address set forth at the beginning of this Agreement. Please be aware that if you cancel your Service prior to the expiration of any subscription obligation, equipment payment obligation, and special other obligations, no refunds will be given, and Triple Play will charge your credit card for any previously agreed to amount owed. Triple Play has the right to terminate your programming at any time without providing notice to you if: (i) you fail to pay your bill when it is due; (ii) we receive confirmation that you have received the programming or any part of the programming without paying for it; or (iii) you otherwise violate the terms of this Agreement. If your programming is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable Fees. You understand that charges for programming, once charged to your account, are nonrefundable. For monthly subscriptions, the cancellation will be effective at the end of the period covered by the last monthly bill. No refunds or credits will be provided in connection with the cancellation of monthly subscriptions. 5. Customer Information A. Privacy. We collect personally identifiable information about our customers. Use and disclosure of that information is governed by our Privacy Policy. A copy of our Privacy Policy is available at www.tritv.net. We mail a copy of our Privacy Policy to each new customer and annually to existing customers, as required by federal law. B. Representations. You represent that you are at least 18 years of age and a resident of the United States or its Territories. C. Physical Address/Change of Address. When setting up your Triple Play account, you agree to provide us with the physical street address in the United States or its Territory where the equipment will be located. A post office box does not constitute a physical address and is not sufficient to meet this requirement. You agree to give us prompt notice of your change of name, mailing address, or physical address where the equipment is located or telephone number. You may do this by notifying our Customer Service Center by postal mail, telephone or e-mail as provided above in this Agreement. D. Online Account and Automatic Payment. You are responsible for maintaining the confidentiality of the account username and passwords used for online billing Services and account maintenance at www.tritv.net, and are fully responsible for all activities that occur under your password and account. You will keep your username and password confidential and not share them with anyone else. You agree to immediately notify Triple Play if there is unauthorized use of your password and account or other security breach. Since you elect to pay for Triple Play through automatic credit charge card or electronic funds payments, you can view monthly statements online. 6. Prior Agreements We reserve the right to change the terms and conditions of your Service. If we make any changes, we will send you a copy of your new Customer Agreement containing its effective date. You may always cancel your Service, subject to the payment of the amounts due under previously agreed terms and conditions for the providing of the services if you do not accept any such terms or conditions. If you do cancel, you may be charged a deactivation fee. If you decide not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Triple Play from us will constitute acceptance of the changed terms and conditions. 7. LIMITATION OF OUR LIABILITY Triple Play WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN PROGRAMMING SERVICE OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE PROGRAMMING SERVICES, CAUSED BY ANY ACTS OF GOD, WEATHER, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL. WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL Triple Play HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE EQUIPMENT, INSTALLATION OF THE EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. It is your responsibility to impose any restrictions on viewing by you, other members of your household, or guests, and Triple Play shall have no liability to anyone due to or based on the content of any of the programming furnished to you and viewed by you, your family or guests. 8. Warning Against Piracy It is a violation of several U.S. federal and state laws to receive any Triple Play programming, or any portion of such programming, without paying for it. The penalties for violating such laws can range from imprisonment to civil damage awards. 9. Miscellaneous A. Applicable Law. All matters concerning the validity and interpretation of and performance under this Agreement shall be governed by the laws of the State of California, without giving effect to its conflict of law provisions. The laws of the State of California shall also govern all substantive matters arising in any arbitration proceedings, to the extent that California law does not conflict with the Federal Arbitration Act, 9 U.S.C. § et.seq. B. Notice. If Triple Play sends you notice, it will be considered given when deposited in the U.S. Mail, addressed to you at your current billing address or hand-delivered to you. Triple Play ’s notice to you will also be effective if provided on or with your online billing statement or by telephone. If you give notice to Triple Play , it will be deemed given when received by Triple Play by postal mail at the mailing address provided above in this Agreement. C. Other. This document, along with any promotional offer commitments that you agreed to at initiation, comprises the entire agreement between Triple Play and you, the customer, and no salesperson, installer, customer Service representative, authorized retailer, or other similarly situated individual is authorized to change the terms set forth herein. Triple Play may, however, change the terms and conditions of this Agreement in the future. Your continued receipt of Triple Play Services following receipt or publication by Triple Play on its Web site of this Agreement shall constitute your acceptance of its terms and conditions and accordingly, they will be legally binding on you. The terms of this Agreement, which either are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully performed. 10. Resolving Disputes In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to this Agreement or the Programming (referred to as a “Claim”) will be resolved by the following: A. Informal Resolution. Triple Play will first try to resolve the Claim informally. Accordingly, you may not start a formal proceeding for at least 60 days after you notify us of a Claim in writing. To initiate a claim, you must send notice to the address listed in this Agreement. If Triple Play initiates a claim, we will send our notice to the billing address on file with us. B. Formal Resolution. Any controversy or claim arising out of or related to this Agreement or breach of this Agreement, including claims made by the Customer against Triple Play under applicable consumer protection laws, shall and must be commenced, prosecuted and resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect at the time the arbitration is initiated and under the rules set forth in this Agreement. If there is a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. Arbitration means that you waive your right to a jury trial. Such binding arbitration shall and must be commenced exclusively in Chino Hills , California, unless Triple Play consents to another location. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, if Triple Play elects to enforce its rights under the Agreement, Triple Play may commence an action in any court located in Chino Hills, California, and the Customer hereby irrevocably consents to the jurisdiction and venue of such court. Nothing in this Agreement shall affect Triple Play ’s ability to terminate the Customer’s programming for non-payment of amounts owed to us when due. Set-Top Box Terms and Conditions Triple Play do not over free Set-Top Box. Triple Play provide the STB that were tested with Triple Play Content and sell to Customer as their STB receiver. If the customer fails to make full monthly subscription payments when due, Triple Play would disconnect the account and since the equipment is owned by costumer, they can resell to three party but Triple Play do not guarranty to buy back the equipment. Triple Play would help customer to sell the equipment to new subscriber when they needed with the used price. The equipment can not be returned and customer can reactivate with activate fee $9. Shipping and activation fees may apply.
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