For purposes of this Terms and Conditions, a "Customer" is defined to include any organization, individual, company or other entity with which CronoMagic ("CM") has a service agreement or contract for services ("Services"). A Customer shall also be responsible for the use of the Services by any subsidiaries, affiliates, partners, suppliers, and other clients that directly or indirectly utilize CM services provided to the Customer.
The Customer may only use CM Services for lawful purposes. The use of the CM network or systems in violation of any Canadian or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening, offensive, or obscene, and third party material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.
CM will fully co-operate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
The Customer will indemnify and hold CM harmless from any claim brought by third parties alleging that use of CM services by the Customer has infringed any applicable Canadian or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and final judgments awarded against CM arising from such claims. The Customer shall immediately give CM written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, CM may defend such claims at the Customer's sole cost.
CM will cooperate with other online and Internet service providers to discourage and resist abuses of acceptable use policies. CM reserves the right to take corrective action upon notification to CM of unacceptable use by the Customer on other networks. CM reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the Terms and Conditions.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). Customers caught spamming on the CM network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately in accordance with this policy.
The CM services may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its own operations, not to cause disturbances, outages or other problems which may affect CM's network or network based equipment, or which may adversely affect CM's ability to provide services.
Fees and Payments
a. Customers are required to purchase services on a monthly, quarterly, half yearly or yearly basis. Each month is considered as 30 days of length, any one paying in February will get the same amount of days of premium membership as the person who is paying in a month with 31 days. Similarly 3 months of service is considered as 90 days and one year as 360 days.
b. In order to purchase services, the user can use different methods as posted on our website. Payments via money order / cheque / bank wire must be claimed within 30 days.
c. Depending on the method of payment it may take from 4 hours to several days before the service is activated.
d. THE PURCHASE OF SERVICES ARE NON-REFUNDABLE. All fees are non refundable, if some how you decide not to use the service after buying it, your money will NOT be refunded. However we do offer full or partial refund of any auto-renew transaction if a requested is received within 72 hours (3 days). Please note, domain registration or domain registration Auto renewal are non refundable. Please see the refund section for further details.
e. If a service is purchased by credit card, the account may be renewed automatically upon expiry depending on the service. The renewal will have a 10% discount off the original amount paid for the service. Any customer who does not wish to renew the services automatically upon expiry must specify so via email.
f. If we find that any customer has used a stolen or fraudulent credit card, the personal information of this customer will be forwarded to the law enforcement agencies of the resident country of the customer.
Accept for domains regsitration or domain registration auto renewal CM may offer full or partial refunds to auto-renewal of any service IF REPORTED WITHIN 72 HOURS (3 days) from the original transaction's date and time. Refunds are only available if the customer did not use any feature from the service in question within these 3 days. After 72 hours (3 days) in certain cases a partial refund may be offered. However site administration reserves the final rights. There is no refund for any transaction done by the customer himself/herself manually.
Taxes, Government Fees and Restrictions
Being a Canadian company located in the Province of Quebec CRONOMAGIC CANADA INC comes under Canadian Tax Laws and charge a Canadian Federal and Provincial Sales Taxes (called GST/HST and QST respectively) on premium membership sales to Canadian and or Quebec residents as well as on sales to non-residents who access our site from within Canada.
The Canadian and/or Quebec Residents should understand that:
(a) If you are a customer who is NOT A CANADIAN RESIDENT and have purchased your services outside of Canada and have given a non-Canadian address as your place of residence and have given a non-Canadian billing address for the credit card used to buy your services or used another method to pay for the services where payment originated from outside Canada and/or Quebec, you may not be able to access the services if you visit Canada and/or Quebec unless you pay the applicable taxes GST and/or QST.
(b) If you are a CANADIAN RESIDENT you are subject, to GST and, depending on your place of residence within Canada, HST (Harmonized Sales Tax) or PST taxes on the cost of the services purchased. As a Quebec-based company CRONOMAGIC CANADA INC will charge the GST to Canadian Residents living outside Quebec, Ontario and West and HST to residents of Maritime Provinces and GST and QST to all Quebec residence.
These taxes are applicable if your credit card billing address is in Canada or Quebec or site detects you logging in from one of the Canadian provinces.
(c) If you are a Canadian and/or Quebec resident, at the time of the payment for the services will show you the price including taxes (GST/HST and/or QST), your payment confirmation sent via email and to your inbox will clearly state GST and/or QST inclusion.
CM reserves the right, at its discretion and without notice, to automatically filter, disconnect and/or deny access to any CM Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider, and channeling such activities through a CM account, remailer, or otherwise through a CM service, or using a CM account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities, if such use of another party's service could reasonably be expected to adversely affect a CM service. CM reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Nothing contained in this policy shall be construed to limit CM's actions or remedies in any way with respect to any of the foregoing activities, and CM reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the CM service, and levying cancellation charges to cover CM's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, CM reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
CM is committed to providing quality service to all of its customers. While the Terms and Conditions may appear harsh, CM believes it is necessary to ensure that we are able to continue providing the level and quality of services our customers expect.
The Terms and Conditions is subject to change without any prior notice. If you have any questions regarding the policy, please contact firstname.lastname@example.org To report a suspected breach of the CM Terms and Conditions, please contact email@example.com.
Gemstelecom provides IPTV Service on its Closed Network to any client who has direct or indirect internet service from Cronomagic which is the parent company of Gemstelecom. IPTV service gives the ability to receive live and in some cases recorded channels and programming at your premises, as delivered per distribution authorization from CRTC and licenses held by Cronomagic and Gemstelecom. Subscriber understands and acknowledges that Gemstelecom TV Services must include the minimum levels of programming required by CRTC and these requirements may change from time to time without notice. Gemstelecom will always provide HD signal to all its subscribers unless the service for certain channel or content is only available in SD signal from source. Gemstelecom receives most of its signal via Fiber Network from reliable sources, in case where the signal is not available from source Gemstelecom at its discretion will provide an alternate signal.
Client can use its own device(s) and register the device with Gemstelecom service or rent or buy a device from Gemstelecom, list of devices is updated regularly in TV section of the website.
Gemstelecom offers first 5 days of TV service at no cost to client, billing will automatically starts after initial 5 days, in case you wish not to continue the service, you must return all rental equipment back to Gemstelecom within 15 days of cancellation of TV service. From time to time and plan to plan Gemstelecom will offer free month of service to new and existing clients, for existing client the free month service would only applies to new services added to existing TV plans.