Last updated: February 17, 2005
Joint Terms of Service
Thank you for choosing Shaw!
By using any of Shaw’s services*, including its cable, Internet and/or digital phone services and such services related thereto (collectively or individually, the “Services”) provided by any of Shaw Cablesystems G.P., its partners and/or associate companies (collectively, “Shaw”), you agree to the following Terms of Service:
These Terms of Service constitute the agreement between Shaw (“Shaw” or “our”) and the customer (“you” or “your”) subscribing all or any portion of the Services. These Terms of Service governs the Services and any devices and/or equipment including without limitation Ethernet devices and software used in conjunction with the Services provided to you by Shaw (collectively, the “Equipment”). By activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service as set out hereunder (collectively, the “Agreement”). If you do not wish to be bound by this Agreement or any modifications which may be made by Shaw from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact Shaw.
Shaw may change portions of this Agreement from time to time upon reasonable notice to you. Shaw will post notice of any changes made to the Agreement on line at www.norcomcable.ca by setting the last date of revision on the top right hand corner. Shaw may also advise you of such changes by sending you an electronic mail message at your user address or mailing notification by Canada post to the address shown on your account with Shaw. All changes will take effect within 30 days of the date of being posted.
Shaw recommends that you print a copy of this Agreement and the Acceptable Use Policy applicable to the Services to which you subscribe.
If you are not an Internet service subscriber you may contact Shaw at any time to obtain a printed copy of this Agreement.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE OR BY CONTACTING SHAW TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NONTERMINATION OR CONTINUED USE OF THE SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
Shaw Contact Information
All contact to Shaw may be made through Shaw’s local branches listed in the Contact Us section on Shaw’s Web site at www.norcomcable.ca or the telephone directory.
In addition to the terms contained in this Agreement, this Agreement is also subject to the terms and conditions of Shaw Acceptable Use Policies found at www.norcomcable.ca applicable to the Services or as may be required by statute, regulation, including the Canadian Radio-Television Commission (or other regulatory body) that are in effect from time to time.
*The details of the various Services packages, including other products and services offered by Shaw, can be found on our webpage www.norcomcable.ca. Shaw may, at its discretion, make changes to the Services from time to time, including changing Services fees or the sequence of Cable Services, introduce and/or substitute new basic and tier packages of Cable Services and change the Services in and prices of existing packages of Cable Services.
Use of the Services
- The Services may only be used for personal residential use in accordance with Shaw’s Acceptable Use Policies applicable to such Services and may not be used for any commercial business purposes.
- The Equipment, technology and/or processes provided to you may be subject to intellectual property rights reserved by Shaw or third parties. Nothing contained in this Agreement shall grant to you any right, license, title or ownership of or to any intellectual property rights of Shaw or any third party.
- Shaw, the Shaw logo and certain product or service names are registered trade-marks or trade-marks of Shaw Cablesystems G.P. You agree not to copy, display or use in any manner any of Shaw’s trade-marks without Shaw's express prior permission. Other product, information or company names mentioned herein may be the registered trade-marks or trade-marks of their respective owners.
- Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and certain programming and Shaw shall not be liable, nor is Shaw granting you any rights in that regard whatsoever.
Shaw does not warrant the condition or content of any programming you are able to view with Shaw’s Cable Services or the content you are able to access on the Internet through use of Shaw Internet Services. You acknowledge that there may be programming content or other content that you may find offensive and you agree that your viewing and/or use of such content is at your own risk. Some programming and/or content may not be suitable for minors and you agree to supervise all minors whom you permit to view the programming and/or access the content from Internet through your account with Shaw.
Services Interruption; Shaw’s right of Entry
- Shaw and/or its agents may interrupt and/or make inspection of the Equipment and/or the Services at any time for any duration of time, without notice or liability to you in order to install, inspect, repair, replace or to perform necessary maintenance on the Equipment, its facilities and/or network, or for other technical reasons as may be required.
- You agree to provide Shaw access to the Equipment (including reasonable access into your address) as may be reasonably necessary under the circumstances. Shaw’s employees/agents will show identification prior to entering your premises. Shaw is only required to provide you reasonable notice if Shaw needs access inside your premises or on the property where you receive the Services.
You understand that the Services do not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require Shaw to reset or reconfigure the Equipment, its facilities and/or network to reactivate the Services.
Shaw does not warrant uninterrupted use of the Services.
Equipment Installation, Maintenance and Return Responsibilities
- Shaw may install or cause to be installed the Equipment in your home. The equipment is provided solely for your use of the Services and will at all times remain the property of Shaw. You may use the Equipment only at the address you have indicated to Shaw at the time you subscribe to the Services. You will not relocate the Equipment to another address without Shaw’s prior written consent.
- Equipment may be provided and charged for as part of the monthly Services fee. Shaw may require you to pay an Equipment deposit prior to providing you with the Equipment. You agree to keep all of the Equipment free and clear of any liens or encumbrances of any kind whatsoever. If you become aware that any liens or encumbrance has been placed on the Equipment you are responsible to notify Shaw immediately and to assist Shaw in removing same.
- You are responsible for the safekeeping of the Equipment. If, while in your care, the Equipment is damaged, lost or stolen you agree to pay Shaw the full cost, including the costs incurred by Shaw to recover, repair and/or replace the Equipment. You hereby authorize Shaw to charge your credit card account or your preauthorized payment authorization, in payment for all Equipment charges.
- Any unauthorized attachments to the Equipment or interfering or tampering with the Equipment or unauthorized use of the Equipment are prohibited and may constitute theft under the Criminal Code of Canada.
- On the expiration or earlier termination of the Services you are required to return the Equipment to Shaw in good working order. The Equipment may be returned to any Shaw retail office. For information respecting a Shaw office near you and to arrange return of Equipment contact Shaw using the Shaw Contact Information section of this Agreement. If upon the expiration or earlier termination of the Services the Equipment has not been returned to Shaw you agree to grant Shaw permission to access your premises to remove the Equipment. Failure by Shaw to remove such Equipment shall not be considered abandonment of the Equipment. If Shaw removes the Equipment it will not nor is it required to alter, repair or re-install wiring or other facilities.
- All equipment and devices you are required to supply for access and use of the Services or that you use in connection with the Services such as hearing devices, telephones, home security and/or medical devices, fax machines, computer equipment or any other equipment and/or associated devices (collectively, “Your Equipment”) shall be and remain your responsibility. Shaw is not responsible for the operation or use of Your Equipment, including without limitation, the compatibility of Your Equipment with any Shaw Equipment or the Services.
- You are responsible to supply at your cost all telephones required if you subscribe to the Shaw Digital Phone Services, including the supply of all wiring inside your home needed to connect to the Services. Shaw has no obligation to maintain or repair any facilities or equipment owned by you.
- You agree to pay Shaw the total charges for use of the Services, including, without limitation, fees applicable to installation, Equipment rental or deposits, administration costs incurred by Shaw if your account is past due, service calls, toll or long distance uses, calling cards, directory assistance uses, pay-per-view, video on demand uses, plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Services (as all such fees may be changed from time to time).
- You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Shaw. Payments made after the statement date on your invoice will be reflected on your next invoice. Amounts owing after the due date are subject to a late payment interest charge calculated on the outstanding amount at 2% per month (not to exceed 15% per year) calculated monthly (for the number of days that the unpaid balance remains outstanding in any given month) and applied monthly. Over due accounts are subject to termination of the Services by Shaw. You agree to pay Shaw an administration fee of $20.00 if your account is delinquent, if your credit card is denied or if your cheque is returned due to non-sufficient funds. Payment of the full amount due will be required before the Services may be restored, provided Shaw is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due or abuses Shaw’s Acceptable Use Policy applicable to the Services.
- You are responsible to ensure that the billing information you provide Shaw is accurate. You agree to promptly notify Shaw of any changes in your billing information.
- If you are receiving the Services through a trial period offer, you agree that upon the expiry of such trial period, you will be bound by the payment requirements set out in this Section unless the Services is terminated in a manner set out in Section 9 below prior to the end of such trial period.
- You must bring invoice questions and disputes to Shaw’s attention within 60 days of the invoice date. Your failure to contact Shaw regarding any invoice will constitute your acceptance of the invoice.
Credit and Security Deposit
Shaw reserves the right to examine your credit records at any time, whether before or after providing you the Services.
Shaw’s Provision of Services
Shaw is not required to provide the Services where:
- your premise is located outside of Shaw’s service or licensed geographic area;
- you have failed to make payment of the amounts due for the Services and/or the Equipment; or
- Shaw would have to incur unusual expenses to bring the Services to your premises, which you do not agree to pay.
If You are Moving
If you are moving you are responsible to notify Shaw at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by Shaw, this Agreement shall be terminated and you must return all Equipment to Shaw. If you are a Shaw Digital Phone subscriber and you move premises within Shaw’s serving area and you wish to transfer the Shaw Digital Phone Services, including your current telephone number to the new premises, you must give Shaw a minimum of 15 calendar days advance notice. For Shaw Digital Phone Services, you may only transfer your telephone number within the same exchange area. The ability to transfer the Services to the new premises is dependant on the availability of the Services at the new location.
- If you want to terminate the Services you must contact Shaw.
- The Services may be terminated immediately and without penalty as follows:
- in the event of the death of a Shaw account holder, the termination is effective from the date Shaw is notified in writing of the death;
- where your premises are damaged so that they must be abandoned, the termination is effective from the date Shaw is notified; or
- if you no longer wish to use the Services you agree to provide Shaw with 30 days advance notice of termination of the Services.
- You agree that if the Services are terminated for any reason you will:
- pay Shaw in full all amounts due for your use of the Services up to the date of termination of this Agreement and return the Equipment to Shaw; and
- permit Shaw to access your premises at a mutually agreed upon time to remove the Equipment and any other materials provided by Shaw if you fail to return same to Shaw as required under this Agreement.
- Shaw may suspend or terminate the Services immediately where you:
- fail to make timely payment on your account for the Services and such failure continues for more than two months;
- become bankrupt or otherwise insolvent;
- fail to provide Shaw with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Equipment, or Shaw’s facilities or network;
- are in breach of any term or condition of this Agreement or of Shaw’s Acceptable Use Policy applicable to the Services that you subscribe to; or
- if you relocate, alter, abuse or disconnect the Equipment.
- For the situations listed above, Shaw will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.
- Notwithstanding the foregoing, Shaw will not provide you notice of a proposed suspension or termination:
- if immediate action must be taken to protect Shaw’s facilities, Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority;
- if Shaw believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; or
- if you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, this Agreement or Shaw Acceptable Use Policy applicable to the Services you subscribe to; or
- in an emergency situation.
- if the Services is suspended or terminated for cause Shaw is not obligated to restore the Services. If Shaw agrees to restore your Services, a reconnection service charge may be applied. If you are a Shaw Digital Phone subscriber, Shaw cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of the Services.
- Shaw shall not be liable for:
- any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service;
- any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
- your conduct, acts or omissions;
- any event beyond the reasonable control of Shaw including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
- Shaw’s failure, for any reason, to activate the Services on the activation date you requested or date provided to you by Shaw;
- any defacement of, or damage to, your premises resulting from the attachment of any instruments, apparatus or associated wiring and/or the Equipment furnished by Shaw, or removal thereof, when such defacement or damage is not wholly caused by Shaw’s negligence; and
- any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or thereafter become incompatible with the Equipment and/or the Services.
Limitation of Liability
- IN THE EVENT OF ANY BREACH BY SHAW, ITS AFFILIATES OR ITS AGENTS, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY SHAW, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM SHAW PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO SHAW IN THE PAST THREE MONTHS FOR THE SERVICES.
- UNDER NO CIRCUMSTANCES SHALL SHAW, ITS PARTNERS OR ASSOCIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING YOUR USE OF THE EQUIPMENT AND/OR SERVICE THEREOF, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
- SHAW SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE SHAW HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING;
- CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES;
- ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
- CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE EQUIPMENT AND/OR THE SERVICES.
ALL EQUIPMENT AND THE SERVICES ARE PROVIDED BY SHAW “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. SHAW DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT AND/OR SERVICES. SHAW DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES IS FREE OF DEFECT, ERROR OR VIRUSES. SHAW DOES NOT WARRANT THAT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.
Disputes and Governing Law
- ANY DISPUTES OR CLAIMS (“CLAIMS”) WHATSOEVER BETWEEN SHAW AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO SHAW AT SUITE 900, 630 – 3RD AVENUE SW, CALGARY, AB T2P 4L4 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST SHAW RELATED TO ANY CLAIM, WHERE APPLICABLE YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST SHAW. IF SHAW HAS A CLAIM, SHAW WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. ARBITRATION OF CLAIMS WILL BE CONDUCTED IN SUCH FORUM AND PURSUANT TO SUCH RULES AS YOU AND SHAW AGREE UPON AND FAILING AGREEMENT WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE TO ARBITRATE. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC), YOU AGREE THAT THE CRTC WILL RESOLVE THE CLAIM.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE IN WHICH YOUR BILLING ADDRESS IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SUCH JURISDICTION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL AGREEMENTS.
- You may not assign, resell or transfer the Equipment or the Services to any person without prior written consent of Shaw. This Agreement will enure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and for the purpose of Shaw shall benefit to any party that controls, is controlled by or under common control with Shaw.
- Upon termination of this Agreement, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the provisions of Sections 1, 2, 3, 4, 5, 11, 12, 13, 14, 16 and the terms of Shaw Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of this Agreement.
- The failure of either party to insist upon strict interpretation of this Agreement or to exercise any options herein, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.
Shaw may disclose any information as is necessary to:
- satisfy any legal, regulatory or other governmental request;
- operate the Services properly;