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DIRECTV Caribbean – Terms & Conditions

Thank you for choosing DIRECTV as your entertainment programming service provider. These terms and conditions explain the Customer Agreement between DTVC and you as a customer of DIRECTV.

Contacting DIRECTV Trinidad Ltd.

You may contact our Customer Service Centers (see “Contact Us” page on our website for regional office locations). You can also email us at: info@directvtt.com

Definitions

As used in this Agreement:
“DIRECTV, “DTVC”, “we”, “company”, “us”, or “our” means DIRECTV Caribbean; “Your”, “your”, or “Customer” mean the DTVC subscriber;
“Applicable Fees and Charges” means the fees and charges identified below;
“Access Card” means the conditional access card inserted into the DSS® Receiver Unit and used in the reception of programming services,
“IRD” means DSS® Receiver Unit or Integrated Receiver Decoder
“DVR” means Digital Video Recorder
“DSS® Equipment” means the equipment (e.g. a DSS® Receiver Unit/IRD, Access Card and infrared remote control unit) that is used to receive DIRECTV® programming services. DSS Equipment for the purposes of this contract does not include the Receiving Antenna;
“Service(s)” or “service(s)” means DIRECTV programming including subscription programming, Pay Per View services, and any other service that we provide to you.

1. Agreement to Terms and Conditions

Customer promises to pay amounts billed by DTVC for programming services and related fees, taxes and charges. Customer’s receipt of services constitutes Customer’s acceptance of agreement to all terms and conditions of this Agreement. DIRECTV reserves the right to change their terms and conditions, including the Applicable Fees and Charges. If any changes are made, we will send you a written notice describing the changes and its effective date. However, if a change is not acceptable to you, you may cancel your service. If you do not cancel your service, your continued receipt of any service is considered your acceptance of that change. In addition, the individual terms and conditions in this Agreement, whether or not modified, shall survive the cancellation of your service.

2. Billing Procedure, Payments and Late Payment Fees:

You will receive a monthly invoice, which will include charges from a specific date up to a closing date, according to the subscription package you choose in this Agreement. In addition to this fee, you will be billed for any upgrade to your current package, Pay Per View service and/or Special Event purchased. Your statement will show:

3. Services subject to payment: You promise to pay for:

Nitial rates for activation, equipment and Installation (this quantity is not reimbursable).
All DIRECTV services subscription and Pay Per View programming and other service ordered by you or anyone who uses your DSS® system, whether with or without your permission, through all periods until you cancel the subscription and other services.
Administrative fees (e.g. Administrative Late Fees, Reactivating Fees) and any other fees as provided for in this Agreement or by applicable law.
All taxes or other governmental fees, and other charges, which are imposed or may be imposed in the future, by the local Governments in the respective countries in which DIRECTV operates, any of their municipalities, agencies, corporations or instrumentalities.
Monthly subscriptions, which are not refundable.
Applicable penalty charges from special offers and promotions.

4. What To Do When There Is A Question About Your Statement:

If you have a question or need additional information about an item on your statement or would like a duplicate of your statement sent to you by mail, you can contact DIRECTV’s Customer Service Center by phone or in writing at the address indicated on the “Contact Us” page of our website. DTVC is committed to responding to you and resolving any disputes you have as promptly as we can.

Please include the following information:

Your name and account number.
The amount in question.
Description of the suspected error. Explain, if you can, why you believe there is an error and
Please include any suggestions you may have for solving the problem. If you need more information about an item, describe the item and what information you need.
You must contact us within fifteen (15) days of the date you receive the statement on which the error or problem appeared. DTVC must receive payment of the undisputed amount of the programming fee, and will notify you within 60 days of the validity or not of the disputed statement. If there is an error or an excess charge in your statement, we will credit you an amount equal to the disputed amount on the statement issued immediately after expiration of the latter 60-day period stated herein. If DTVC determines your claim has no grounds, based on the records held by DTVC (whose records and opinion as provider are binding in determining appropriateness of charge), no refund will be made and you will have the right to settle matters at the appropriate entity.

5. Closing Your Account:

You may inactivate or modify services you receive, or cancel your account, by notifying, in writing, DIRECTV’s Customer Service Center. Your notice becomes effective on the 1st of the month immediately following our receipt of your written notice requesting the cancellation of the DIRECTV service. If you cancel your account, you are still responsible for payment of all outstanding balances accrued through the date of cancellation. DTVC will credit your final statement for any amount prepaid and deposits, with the exception of non-refundable payments. If you do not pay in full the amount due on your final statement, any outstanding balances will continue to accrue Administrative Late Fees and other charges as permitted by law and will be subject to the terms and conditions of this Agreement. A new customer agreement will not be entered with a customer that has any outstanding balance with DTVC.

6. Fees and Charges:

You understand and agree that DTVC does not extend credit to customers and that any charges or fees assessed for late payments, returned payments, and reactivating are not interest charges. You understand and agree that all such fees are reasonably related to the actual expense incurred or are required to expend therefore of late or unsatisfied payment. In the case of late payment or non-payment for any of the programming services ordered by you or any of the charges stated below, you understand and agree that DTVC may report such late payment or non-payment to appropriate credit reporting agencies.

In addition to the amounts due for DTVC programming service, you agree to pay the charges listed below.

DSS Receiver Unit Replacement Fee: If you report to DTVC Customer Service Department that the DSS® Receiver Unit under warranty is defective and our evaluation of the DSS® Receiver Unit (if available) does not reveal unauthorized tampering or; modification, then DTVC agrees to replace the DSS® Receiver Unit upon your request. If your purchase equipment is not under warranty, then you will be responsible for any charges incurred by DTVC to repair or replace your equipment. If the DSS® Receiver Unit rented by you is lost, stolen or subject to unauthorized tampering or modification or damage not related to defect in manufacture in the DSS® equipment, the malfunction will be the responsibility of the customer at such cost as DIRECTV may determine at the time of replacement of the DSS® Receiver.

Access Card Replacement Fee: If you report to DTVC Customer Service Department that the Access Card which is inserted in your DSS® Receiver Unit is defective or stolen, and our evaluation of the Access Card does not reveal unauthorized tampering or modification, then DTVC agrees to replace the Access Card upon your request. You may be charged an Access Card Replacement Fee at such cost at the time of replacement of the Access Card. If you return your old Access Card to DTVC Customer Service Center, you may receive partial credit to your account. If you request special delivery of the replacement Access Card, you must pay the cost incurred by us for shipping the Access Card plus a handling fee. Access Cards are non-transferable.

Administrative Late Fee: If DTVC does not receive your payment before your next statement is issued, you may be charged an Administrative Late Fee. This fee may be $2.00 USD or at such cost as DTVC may determine at that time.

Deposit: If your service is disconnected because you did not submit payment on time or for any other reason, in addition to payment of past due amount, DTVC may require a deposit before reactivating your programming service. Amounts deposited by you will appear on your statement as credits and programming service charge and other fees will be deducted each billing cycle from the deposit amount. Deposits shall not earn or accrue interest.

Pay Per View Order: The most convenient method of ordering Pay Per View programming is to use the on-screen Electronic Program Guide (EPG) and DSS® remote control unit to select the movies and other events we offer. To use this method, your DSS® Receiver Unit must be continuously connected to a telephone outlet. If you choose, you can order a Pay Per View movie or event over the telephone by calling DTVC Customer Service.

Reactivating Fee: If your DTVC programming service is disconnected because of your failure to pay any past due amount (see Section 2 above) and you want to reactivate the service, you may be charged a Reactivating Fee, in addition to bringing your account up to date by payment in full of any outstanding balances, fees and charges and timely paying any other past due obligation(s) whether or not such obligation(s) result from this Agreement or DTVC provision of programming services to you. If your programming service is inactivated upon your request, and you want to reactivate the service, we may charge you and you agree to pay a Reactivating Fee at such cost as DTVC may determine at the time of reactivation of the service.

Returned Payment Fee: If the bank or other financial institution, on which your payment is drawn or charged, refuses to pay DTVC, you agree to pay a Returned Payment Fee, which will not exceed $15.00 USD.

7. Changes in Programming Fees and Service:

DTVC reserves the right to change the programming packages, programming services, or other services we offer, and our prices or fees at any time. We may also rearrange, delete, add to, or otherwise change the service provided on all programming packages. For any changes to the programming packages, prices or fees that are within our control, we will notify you of the change and its effective date. In most cases, where the change is not acceptable to you, you may cancel your programming service completely or in part. If you do not cancel your service, your continued receipt of any DTVC programming service after the effective date of the change will be deemed to be your acceptance of that change, and you will continue to be responsible for payment.

8. Collection of Amounts Owed to DIRECTV:

If your account is 60 days past due and DTVC chooses to use any collection agency or attorney to collect money that you owe us or to assert any other right which DTVC may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, attorney’s fees, and court costs as provided by applicable law.

9. Service Renewal:

DTVC programming services that you subscribe to on a periodic basis (i.e. payments are made either monthly or annually) may be renewed automatically unless you write DTVC Customer Service Center to cancel the services. (See section 5)

10. Provision of Service:

Subscriber acknowledges that there may be interruptions of service due to reasons, which are out of DTVC’s control. We are not responsible for any of those interruptions of service beyond our control, including, without limitation, acts of God, weather conditions, power failure, or any other causes. Subscriber acknowledges that he is not in privity with any programme service provider and has no direct contractual rights against any provider.

11. Subscriber’s Responsibility As To Equipment And Programme Content:

Subscriber is responsible for any incidental and/or consequential damages related to the rented DSS® equipment. In addition, it is your responsibility to impose any restrictions on viewing by other members of your household, or their invitees, and DTVC shall have no liability to anyone due to or based on the content of any of the programming or other services provided by us.

12. DSS® Access Cards:

Rented DSS® Access Cards are the property of DTVC and tampering or other unauthorized modification to the Access Card may result in and or be subject to legal action.

13. Liability For Unauthorized Use:

If your DSS® equipment is stolen or otherwise removed from your premises without your authorization, you must notify DTVC Customer Service Center, but in any event not more than three (3) days after such removal, or else you may be liable for payment to DTVC for unauthorized use for your DSS® system. You will not be liable for unauthorized use after we have received your notification.

14. Private Viewing:

DTVC provides programming and other services to you for your private use, enjoyment and home viewing. You agree that the programming will not be viewed in areas open to the public. The programming services may not be rebroadcast, transmitted or performed, nor may admission be charged for its viewing.

15. Programming Availability – Blackouts:

All programming services transmitted by DTVC, including some Subscription services, sport events and/or the broadcast network services, may be blacked out in your local reception area. If you circumvent or attempt to circumvent any of these black-outs, you may be subject to legal action by DTVC or the owners of such intellectual properties.

16. Change of Name, Address Or Telephone Number:

You agree to give us prompt notice of your change of name, mailing address, residence or telephone number. You may do this by notifying DTVC Customer Service Supervisor by telephone or in writing.

17. Assignment of Account:

In the event that your account is past due DTVC may sell, assign or transfer your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to DTVC in accordance with your billing statement.

18. No Transfer of DSS® Equipment / DTVC Programming Service:

Under no circumstances may you sell, lease or otherwise transfer the possession of the rented DSS® Equipment that has been assigned to your address. If you do, DTVC may inactivate your service. Subscriber/customer agrees not to relocate the receiving and smart card equipment without prior notification or to use it in any location apart from the one authorized. Subscribers are obligated to inform DTVC in writing of any desire to relocate the DIRECTV system from its original location as indicated on the subscriber agreement. This will include any transfer of the equipment to the name or residence of a third party. You must fill out the proper documentation of the change of owner and address. This documentation must be submitted to the Customer Service Supervisor at the DTVC Customer Service Center. The new owner will be responsible for removal and reinstallation charges of the equipment and any other cost incurred by DTVC to re-establish the programming service.

19. Applicable Law:

The terms and conditions in this Agreement include all matters relating to their validity, construction, performance and enforcement and shall be governed by applicable laws in the respective countries in which DIRECTV operates. These terms and conditions are subject to amendment, modification or termination if required by such regulations or laws.

20. Severability:

If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.

21. Notification:

Notices to you shall be deemed given, four (4) days after it is deposited in the mail and addressed to you at your last known address or hand-delivered to you or your place of residence. We reserve the right to provide notice to you electronically or by telephone and such notice shall be deemed given, when left with you. Your notice to us shall be deemed given, when received by us.

22. Programming Required Telephone Connection:

DTVC requires that the DSS® Receiver Unit(s) be directly and continuously connected to a telephone line as a condition of its provision of certain services to you. If the DSS® Receiver Unit(s) are not so connected, or if the unit(s) is/are connected to a telephone line other than that which you have identified, or if the telephone line is not performing in accordance with DTVC’s requirements, DTVC may in its discretion, inactivate such service. If such services are inactivated you are still responsible for payment of all outstanding balances for such services accrued up to the date of inactivation. Information regarding the programming services that you have ordered is transmitted via the telephone line.

In case of additional decoders that are not directly and continuously connected by a telephone line, DTVC will charge the same programming charges for each additional decoder as for the principal unit.

23. Minimum Level of Service:

As a condition of its provision of certain programming services to you including, without limitation, Pay Per View and a la carte programming DTVC will require that you purchase and maintain a minimum level of programming.

I acknowledge, understand and accept that the antenna to be installed in my complex or multiple dwelling unit as a device to receive DIRECTV programming is subject to approval by the Administration, Board of Directors, or responsible entity with similar functions within my condominium, walk-up complex or multiple dwelling unit. Therefore I acknowledge, understand and accept that if the reception of programming is not possible in my home due to viability of costs or simply because it was not authorized by the entity with authority to do so in my complex or for any other reason beyond DIRECTV’s control, I will have to accept my money back (excluding consumed programming and installation charges) without taking legal action against DIRECTV.

I acknowledge, understand and accept that the DIRECTV antenna installed in my condominium, walk-up or multiple dwelling unit is common property and not my own personal property, and that the antenna will be used by other residents in my complex as well. I understand and accept that all payments submitted to DIRECTV are for the right of use of the antenna as a device to receive DIRECTV programming. Further, I understand and accept that even if I am the first subscriber in my complex, condominium, walk-up or multiple dwelling unit, I have no right over the antenna and have the right of use only while I live at the complex or multiple dwelling unit.

Moreover, I understand that if I decide to move, I will not have the right to take the DIRECTV antenna to my new residential address and that when I move to my new residential address, DIRECTV will provide me with an antenna, at no cost. Although, there will be moving, relocation and/or re-installation charges. All installations will be subject to viability of permits in my new residential address as well.