For Service via Ip Box, Personal Computer and iPad in United States and Canada
This Agreement sets out how Xinflix will provide the access to Xinflix IPTV broadcasts, Video on Demand (“VOD”) and video related services to you in the United States and Canada for Services. For purpose of this Agreement, you shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the Xinflix Term of Service in an Order Form, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Xinflix subscription package will be treated as part of this Agreement.
Authorized User Responsibilities:
You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and
2. You understand that all information provided by you will be relied upon by Xinflix for the provision of Services thus shall be true and accurate. You agree that Xinflix may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify Xinflix whenever your personal information or billing information changes (including for example, your name, email address,address, telephone number, and credit card number and expiration date).
3. You agree to use the Services for personal use only and in compliance with the then current Xinflix Authorized Use Policy and any applicable laws and regulations. You understand that any use of Xinflix Service and Equipment for commercial purpose is prohibited.
4. You accept that Xinflix considers anyone using the Services at the installation address you provided to be authorized by you and you must pay all charges due from that use.
5. This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
6. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
7. You agree to provide Xinflix with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.
8. Authorization : You agree to authorize Xinflix to automatically charge your designated credit card for the following types of fees (including tax applicable) :
a. Monthly Subscription Fee: For subscription to any monthly plan of Base Channel Package and Premium Package and to Promotional Plan which requires monthly payment. You will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. If the billing start date for new Monthly Subscription falls in the middle of a month, you will be charged a pro-rated fee for this partial month at the beginning of the next month together with the full monthly fee of the next month.
b. Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. Xinflix will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of Xinflix. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
(1) Equipment Fee and Equipment Deposit.
(2) Late Payment Charge .
(3) Suspension Fee.
(4) Cancellation Fee.
(5) Any additional charges for failure to return Leased Equipment .
Dispute of Charges : Your monthly statement of Xinflix Services will be available online through your Xinflix account. If there is any dispute item in the statement, you shall notify Xinflix of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 7. Disputes can be filed either by calling Xinflix at 1-888-946-3549 (XINFLIX) or sending e-mail to info@Xinflix.com. Please retain your proof of filing a dispute claim.
9. You agree that Xinflix is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits,etc.) resulting from charges billed by Xinflix . If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Xinflix will suspend the Services until you pay all amounts due upon demand by Xinflix.
10. Currency Loss : You understand that you will take the risk of the fluctuation of currency exchange rate by your own if the charges are billed in currency other than US dollar. You agree that Xinflix is not responsible for any money loss resulting from the fluctuation of currency exchange rate.
11. Customer Reaffirmation : Every time you use Xinflix Services, you reaffirm that (i) Xinflix is authorized to charge your designated credit card; (ii) Xinflix may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
1. Purchased Equipment:
If you elect to purchase a Xinflix Ip Box, you agree to pay $99 CAD per Equipment and any applicable sales, usage, and other taxes for each Equipment you
2. Additional Equipment : We may allow you to place up to 2 additional Equipments on your account in our sole discretion. Each Additional Equipment will be authorized to receive the same Services as your initial Equipment. You understand that this option is only available if your initial Equipment and Additional Equipment(s) are located at the same residence registered with your account and are continuously connected to the same modem as you use for the initial Equipment; any usage outside the conditions set forth above may result in the denial of access to Services of all of the Equipments. Unless otherwise specified in the terms and restrictions, if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, Xinflix will charge you an Equipment Deposit for each Additional Equipment. You will also need to pay each month an Additional Equipment Service fee equals to $15 CAD multiply the number of Additional Equipment(s) you activated under the account in addition to the subscription fees you pay for the initial Equipment, regardless of whether it is a Monthly Subscription. The charges of VOD by Usage through all the Equipments you ordered will be merged and listed together on your monthly statement. If you desire to receive Services at two different residential locations, you must open a separate account for each location. Xinflix reserves the right to revoke the grant of Additional Equipment(s) if Xinflix reasonably believes that you fail to meet the conditions set forth above. In that event, you agree to return the Additional Equipment(s) within ten (10) business days upon Xinflix ’s notice and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price (currently $99 per Equipment) for the Services authorized for the Additional Equipment(s) on your account.
3. Care of Xinflix Property: You agree that neither you nor any other person(except Xinflix 's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased 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 Services and is prohibited. During the Term of the Agreement, rights of lien and retention by third parties over the Leased Equipment are expressed waived.
4. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by Xinflix. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
5. Late Payment : If you delay payment, Xinflix will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by Xinflix. If you delay your payment for one (1) months from the date of billing, Xinflix will initiate the collection procedure and charge you a late payment charge $25 CAD by way of compensation to Xinflix for breaching the terms of this Agreement. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, Xinflix,in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
6. Renewal: You may change your subscription of this Agreement or cancel the Services. If you do not choose either of the actions as instructed in each section, Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Prepaid Subscription will automatically renew at annually basis at the completion of the mandatory subscription period for the package at the then prevailing subscription fee of the package. The subscription fee will be charged. For clarity, automatic renewal does not apply to Prepaid Subscription of VOD Package.
Iptv Services :
1. Disruption of Services:
You agree that in no event shall Xinflix be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from
circumstances beyond Xinflix's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a
known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt
notify of such failure or interruption to Xinflix and Xinflix may either provide you with a pro-rata credit relating to such failure or interruption or, at
its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that Xinflix shall not be liable for any
incidental or consequential damages.
2. Communication Charges: In order to receive Services from Xinflix, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access Xinflix Services. You also agree to bear any communication charges incurred by accessing Xinflix Services through a third-party network, such as a cable or wireless carrier.
3. Customer Property: Xinflix assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
4. Access to Customer Premises: When you elect onsite installation, you agree to provide Xinflix's representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the Xinflix onsite installation is carried out.
5. Xinflix maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that Xinflix may also aggregate anonymous,non-personal information for reporting and analysis purposes related to your viewing and usage of Xinflix Services.
6. You agree that Xinflix may record your conversations with Xinflix call center representatives for the purpose of tracking records and improvement of our Customer Service.
7. Reproduction of Programs: You agree that the programs provided by Xinflix will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you to the Services or terminate your agreement with us.
8. Xinflix 's Rights:
a. Xinflix has no obligation to monitor content or Services accessible by means of the Xinflix Ip Box. However, you acknowledge and agree that Xinflix has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
b. Xinflix shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Xinflix 's Equipment and Services.
9. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
10. Breach of Agreement: Xinflix , at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after Xinflix ’s written notice; or (iii) if for reasons outside Xinflix ’s control, Xinflix cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. Xinflix ’s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to Xinflix in the event that Xinflix shall find it necessary to preserve and protect its rights under this Agreement.
11. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Xinflix and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.Xinflix.com
12. Changing the Term of Service: Sometimes, Xinflix will change the Term of Service. We will publish details of all changes online at http://www.Xinflix.com
13. Disclaimer: Xinflix assumes no liability for any program or information distributed over the system unless locally produced by Xinflix. Xinflix shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Xinflix.
14. Limitation of Liability: Xinflix aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by Xinflix will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Xinflix . In no event shall Xinflix (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Xinflix has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
15. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.
15. Promos: Price difference of promotions will apply if the service is cancelled in one year.