Terms & Conditions
TERMS AND CONDITIONS
BoMTV, Inc (“BoMTV”) CUSTOMER AGREEMENT
This Agreement describes the terms and conditions regarding your receipt and payment for the BoMTV 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 BoMTV account, receive BoMTV Service or use your Service after making any change or addition. If you accept this Agreement, it will apply to all BoMTV Service,
including your existing BoMTV subscription. The current Agreement is always available for your review at www.bom.tv.
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.
Please refer to the specific terms and conditions of any applicable promotion at www.bom.tv/specialoffers.
Thank you for supporting the BoMTV Service. You can contact us at 1-888-201-7999 or by sending an email to email@example.com, or by writing to:
5901 Castor Ave
Philadelphia, PA 19149
For general information about BoMTV Service, please visit our Web site at www.bom.tv.
A. Basic Programming Service: Currently, funding for BoMTV primarily comes from individual paying subscribers. BoMTV offers monthly and annual subscriptions; BoMTV basic monthly and annual programming service consists of video & VOD channels, Subscription Video on Demand content selected at BoMTV’s sole discretion. This agreement will apply to all BoMTV Services regardless of the length of subscription. Access to VOD is included with a basic subscription; however each selection is independently priced.
B. Programming Changes: Specific channels and programs and the number of channels and programs on the BoMTV Service are subject to change without notice, and BoMTV 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. BoMTV 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 BoMTV constitutes acceptance.
This right to cancel does not relieve you of any other commitments, including, but not limited to, financial commitments such as early termination fees, made under a separate promotional agreement under which you received a discount on products, equipment or programming in exchange for your agreement to maintain your subscription for a certain period of time or pay a cancellation fee to terminate.
C. Private Viewing: We provide programming only for your private home viewing, non-commercial use and enjoyment. If you are interested in contracting for public performance of the Service in hotels, colleges, hospitals and similar multi-tenant establishments, please contact us at 1-888-201-7999, or by sending an email to firstname.lastname@example.org.
Programming may not be rebroadcasted, transmitted, recorded (except for personal fair use), nor may admission be charged for listening to or viewing any programming provided by BoMTV.
A. Installation and Activation: BoMTV TV Service can only be received using a high-speed Internet connection with ample and sufficient speed, which you must obtain from a third party provider. BoMTV makes no representations that the high-speed Internet services that you obtain will be sufficient to handle BoMTV Services. BoMTV assumes no liability for your failing to contract for a high-speed Internet service that is capable of handling the BoMTV Service. BoMTV assumes no liability for any high-speed Internet issues that may arise with your third-party provider to include but not limited to connectivity, download speed, buffering/retrieving, bandwidth overages or security. High-speed Internet includes both Cable Broadband and Telco DSL.
B. Additional Receivers: If you want to watch different BoMTV programs on different televisions in your home at the same time, you will need an additional BoMTV receiver for each television. Extra receivers can be added at any time and ordered directly from BoMTV over the phone. There will be an additional fee for the receiver box and a monthly charge from BoMTV for each additional receiver box installed. This fee is subject to change. Please note that you will need to allocate additional Internet bandwidth in order to view multiple BoMTV signals at the same time.
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 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.bom.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 1st 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. 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, BoMTV may report such failed payment or nonpayment to credit reporting agencies. If you do not provide a valid payment method by the due date, BoMTV has the right to disconnect your programming at any time thereafter, at our sole discretion. BoMTV 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 BoMTV reconnects your programming. Deposits will not be held segregated from other funds and shall not earn or accrue interest.
C. Administrative Fees: In addition to the amounts due for programming, and monthly recurring charges, you agree to pay the administrative fees referenced below (“Fees”) when applicable. BoMTV 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 BoMTV. 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 or online at www.Bomtv.us. All administrative fees are subject to change without notice.
List of Fees
Late Payment Fee
Change Service Fee
Returned Payment Fee
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. For more information about BoMTV My Account, visit www.bom.tv/MyAccount. Failure to notify us of a dispute within 10 days of receipt 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 for 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. In addition, BoMTV may, at its sole election, apply any or all of the unused portion of your pre-paid subscription to amounts due and, to the extent there is still credit due for pre paid amounts, convert the prepaid subscription into a monthly subscription for a period equal to the amount of pre-paid funds remaining divided by the current monthly rate; BoMTV will first apply the amount you paid for your pre-paid subscription to any subscription-based past due amounts and then any remaining amounts to any amounts due for Video On Demand, Subscription Video On Demand or Premium Channels which are past due amount(s).
F. Collections: If BoMTV 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 and/or attorney fees or other action required to collect amounts owed. 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, BoMTV shall be wholly relieved from our obligations hereunder.
Service Term and Cancellation
The term of this Agreement is indefinite and you will continue to receive BoMTV until cancelled as provided for herein. You have the right to cancel BoMTV for any reason at any time by notifying us via telephone at the phone number, 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 other special obligations, no refunds will be given, and BoMTV will charge your credit card for any previously agreed-upon amount owed. BoMTV has the right to terminate your programming, and take any other action necessary to recover amounts due hereunder, 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.
B. Physical Address/Change of Address. When setting up your BoMTV account, you agree to provide us with the physical street address 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, 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 in this Agreement or by using MyAccount in the www.bom.tv website.
C. 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.bom.tv, and are fully responsible for all activities that occur under your password and account. You agree to keep your username and password confidential and not share them with anyone else. You agree to immediately notify BoMTV if there is unauthorized use of your password and account or other security breach.
We reserve the right to change the terms and conditions of your Service at any time. If we make any changes, we will send you a copy of your new Customer Agreement containing its effective date. If you decline to accept the new terms and conditions, your sole remedy is to 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 cancel, you may be charged a deactivation fee. Your continued receipt of BoMTV following notification of the new terms and conditions from us will constitute acceptance of the changed terms and conditions.
LIMITATION OF OUR LIABILITY
BOMTV 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 BoMTV 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 family, household, or guests, and BoMTV shall have no liability whatsoever to anyone due to or based on the content of any of the programming, or the viewing of such content, received by Internet or through a receiver provided for the viewing of BoMTV programming.
Warning Against Piracy
It is a violation of several U.S. federal and state laws to receive any BoMTV 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.
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 Pennsylvania, without giving effect to its conflict of law provisions. The laws of the State of Pennsylvania shall also govern all substantive matters arising in any arbitration proceedings, to the extent that Pennsylvania law does not conflict with the Federal Arbitration Act, 9 U.S.C. § et.seq.
B. Notice: If BoMTV 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. BoMTV’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 BoMTV, it will be deemed given when received by BoMTV 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 an initiation, comprises the entire agreement between BoMTV 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. BoMTV may, however, change the terms and conditions of this Agreement in the future. Your continued receipt of BoMTV Services following receipt by email, or written notice, or publication by BoMTV of the change 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.
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: BoMTV 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 BoMTV 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 BoMTV 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 Philadelphia, PA, unless BoMTV consents to another location. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this Agreement shall affect BoMTV’s ability to terminate the Customer’s programming for non-payment of amounts owed to us when due and acceptance of these terms and conditions by continued use of BoMTV service or otherwise includes the consent for BoMTV to terminate the service it its sole discretion at any time upon failure of timely payment.