Agreement for Optimum TV for Business
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
CSC Holdings, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Altice") is pleased to provide its Optimum TV service ("Optimum TV" or the "Services") to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service and the Customer Privacy Notice, as they may be changed from time to time.
The charges for one month of Services, including any deposits and installation and Equipment charges, plus pro rata charges, if any, for periods not previously billed, are due upon installation of the Services. Thereafter, Subscriber agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees, taxes, regulatory fees, franchise fees, surcharges (including a sports and broadcast TV surcharge) and other government assessments no later than the date indicated on Subscriber's bill. Charges for non-recurring Services or Equipment charges will be reflected on Subscriber's subsequent bill at the then current applicable rates. For instance, Subscriber will be billed monthly for services such as On Demand or other services ordered where charges are based on actual usage as well as features or functions that are offered as part of the Services, such as DVR offerings, or on orders placed during the previous month. Subscriber must pay all undisputed monthly charges as itemized on the Altice monthly invoice and/or notify Altice of disputed items within thirty (30) days of receipt, or such greater amount of time as required by law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and/or the imposition of a late payment or service charge. An additional charge may be imposed if a check is not honored due to insufficient funds. In the event collection activities are required, an additional collection charge may be imposed. If Subscriber has more than one account (Business and/or Residential) served by Altice, all Altice provided services at all locations may be subject to discontinuance of service in the event any one account remains unpaid.
If Subscriber elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Subscriber authorizes Altice to charge such accounts. Failure to receive a bill does not release Subscriber from Subscriber's obligation to pay. Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Subscriber's premises and/or imposition of a late fee ("Late Fee") in accordance with applicable law. Any Late Fee imposed on Subscriber is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a credit service charge or a finance charge.
Monthly Charges: Your monthly subscription begins on the first day following your installation date and renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).
You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in an Altice-served area (subject to any installation charges).
In addition to providing video programming and video-related services, and interactive television services, the Altice digital cable box may provide commerce and other services, as well as access to certain proprietary products of Altice, such as Optimum Select offerings. Through such other functions you may be able to subscribe to or access other services and transact other forms of electronic commerce. Subscriber acknowledges that Subscriber may incur charges while using these services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings using these functions). All such charges, including applicable taxes shall be paid by Subscriber to those Services and are not the responsibility of Altice.
All equipment, including but not limited to, any cables, wires, amplifiers, digital cable box, CableCards, Smart Cards, access cards, remotes, battery backup units, modems, routers and keyboards distributed to and/or installed for use in the Subscriber's place of business by or on behalf of Altice ("Equipment") remains the property of Altice, except that all wiring on the subscriber's side of the demarcation point at subscriber's service location, whether installed by Altice or by Subscriber, shall be Subscriber property and not Altice Equipment, and repair and maintenance for such wiring is the responsibility of Subscriber unless otherwise agreed by Subscriber and Altice. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Subscriber's service location. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment. Altice property is intended to service and reside at the specific service location and is not to be used off premises without Altice authorization. Subscriber must return all Equipment upon substitution of use or termination of service. Failure to do so will result in a charge to be determined with reference to Altice's then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether such Equipment is lost (through theft or otherwise), damaged or destroyed. For more information on Equipment repair and the financial responsibility for Equipment repair, please see Section 5.
In no event shall Altice be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Altice'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), Altice, upon prompt notification of such failure or interruption from Subscriber, will either provide Subscriber 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. Altice shall not be liable for any incidental or consequential damages.
Altice will repair and/or replace defective Equipment (excluding the replacement of batteries) in accordance with the applicable pricing schedule, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Altice shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Altice is not responsible for the maintenance or repair of Subscriber provided equipment, including but not limited to television sets, QAM tuners, DVDs players, VCRs or other video equipment, remote controls, keyboards, video game consoles, recording/playback devices (e.g. TiVO, Moxi), stereos or other audio equipment, telephones or A/B switches. A service charge may be imposed if damage to Altice Equipment is due to negligent use or abuse or if no fault is discovered in Altice's system or Equipment . In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Equipment. Altice makes no warranties, with respect to Equipment or Service provided by Altice or with respect to the Equipment's compatibility with any Subscriber-provided equipment.
Altice assumes no responsibility for and shall have no responsibility for the condition or repair of any Subscriber-provided equipment and/or software, except that Altice will automatically push required software or firmware updates directly to Subscriber-provided equipment when necessary for the provision of Altice Service(s). Subscriber is responsible for the repair and maintenance of Subscriber-provided equipment and/or software. Subscriber is also responsible for the repair and maintenance of inside wiring at the service location unless otherwise agreed by Subscriber and Altice. Altice is not responsible or liable for any loss or impairment of reception of Altice's service due in whole or in part to malfunctions, defects or otherwise caused by Subscriber-provided equipment and/or software.
Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
You may not make copies of programs except as permitted by law. You may only display programming at your service location in accordance with the level of Service and programming package to which you subscribe.
Subscriber agrees that neither Subscriber nor any other person (except Altice's authorized personnel) will open, tamper with Service, make any alterations to, or remove any Equipment from its point of initial installation, absent Altice's consent. Any alteration, tampering, removal, etc. or the use of 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 service and is prohibited.
Subscriber authorizes Altice and its employees, agents, contractors and representatives to access and otherwise enter at reasonable times Subscriber's premises to install, inspect, maintain and/or repair the Equipment supplied by Altice and, upon the termination of service, to remove the same from the premises. Altice's failure to remove Equipment shall not be deemed an abandonment thereof.
This Agreement and the equipment supplied by Altice are not assignable or otherwise transferable by Subscriber without written authorization from Altice.
Altice may terminate its service immediately in the event that Subscriber makes an assignment for the benefit of creditors or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. Subscriber shall have the right at any time to terminate the Service by giving notice to Altice. In the event Subscriber elects to terminate the service, Subscriber will pay for such Service in accordance with Section 1.
Altice may, at its option, terminate this Agreement and remove Equipment for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Altice or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Altice's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Altice's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
Subscriber agrees that in the event of termination by Altice pursuant to Section 15, Altice and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Altice to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Altice in the event that Altice shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Altice pursuant to Section 15, Altice, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
All rates are subject to change in accordance with applicable law. Rates for the Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable law. Subscribers may incur additional charges for using certain service features that are not included in the Altice monthly subscription charges.
If your account is thirty (30) days past due, you will see a reminder message on your statement. If your past due balance remains unpaid, you may be charged an applicable late fee on top of your past due balance. If your account remains unpaid, your Service may be disconnected. You can avoid any late charges by paying your bill promptly.
Altice assumes no liability for any program, services or information distributed over the cable system and/or Altice's digital cable box unless locally produced by Altice. Altice shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or Altice's digital cable box, unless such products, merchandise or prizes are provided directly by Altice.
A Parental Control feature is available for you if you want to keep children from watching certain programming. You can place channels under Parental Control by blocking out channel number, and/or, on the digital cable box, by program rating. Please check the manual provided with your service for instructions on how to implement and monitor the Parental Control features. Should you deactivate the Parental Control feature, even for one channel or event, this will deactivate the Parental Control feature for all other channels that were previously locked out. You will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that you occasionally verify that your Parental Control feature is activated and operational.
Subscriber expressly agrees that the use of the Services and Equipment, as well as the purchase or use of any third-party service or product provided by or accessed through the Service, is at Subscriber's sole risk and Subscriber acknowledges that this Service and the Equipment are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither Altice nor any third-party provider of services or products, makes any representations or warranties with respect to any product or service offered through the Service, and Altice shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services. Unless otherwise specifically provided in this Agreement, Altice and its vendors will not be liable to the Subscriber or to any third party for:
The Subscriber shall not use Altice's Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Altice, including but not limited to:
harassing, threatening, or otherwise verbally abusing Altice employees or its agents.
Engaging in one or more of these activities may result in termination of this Agreement by Altice. This section shall not in any way limit Altice's rights of termination pursuant to any other provision of this Agreement.
Subscriber agrees to comply with all end user license requirements relative to any of the Services which Subscriber accesses pursuant to the terms of this Agreement. Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the Services, or any portion thereof including Altice software or third party software made available through or in connection with the Service. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Service. Subscriber acknowledges and understands that Subscriber may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services.
Any information sent by the Subscriber utilizing the functions of Altice's Equipment is sent at the Subscriber's sole risk, and Altice shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber. Without limitation of the foregoing, Subscriber acknowledges and agrees that Altice shall not be liable for any use of Subscriber's information provided to third parties in connection with Subscriber's use of Optimum Select or other third party services or functions available through the Service. Altice shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber's use of the Service, and any features or functionalities thereof, including but not limited to intermittent service, erroneous deletions, failed or misdirected recordings, and inability to schedule recordings.
Please see Altice's Customer Privacy Notice for a detailed outline of Altice's privacy practices and how they affect your use of Altice's Equipment and Services.
Information regarding closed captioning issues is available by clicking here.
Except as noted below under "Excepted Claims," any and all disputes arising between You and Altice, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving Your dispute with Altice through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ALTICE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU ARE AN EXISTING SUBSCRIBER FOR AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT AND HAVE PREVIOUSLY ENTERED INTO AN ARBITRATION AGREEMENT WITH ALTICE, THE TERMS OF THIS ARBITRATION PROVISION ALREADY APPLY TO YOU. IF YOU BECAME A SUBSCRIBER ON OR WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, AND DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ALTICE IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@ALTICEUSA.COM OR BY MAIL TO ALTICE RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO ALTICE MUST INCLUDE YOUR NAME, ADDRESS, AND ALTICE ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ALTICE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ALTICE OR THE DELIVERY OF ALTICE SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH ALTICE.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Altice agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Altice.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Altice. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Altice agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules. If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA. You agree that if You fail to notify Altice in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Altice will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Altice will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Altice to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Altice for any amounts Altice may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Altice's attorneys' fees and expenses. If Altice is the claimant, the arbitrator shall have the same discretion to require Altice to pay Your attorneys' fees and expenses if the arbitrator concludes that Altice's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Altice agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Altice account holders, neither You nor Altice may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing. If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Altice proceeds to court rather than through arbitration, You and Altice each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the theft, or piracy of Altice products or services. In addition, either You or Altice may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
Use of the Service is also governed by Altice's Acceptable Use Policy.
This Agreement constitutes the entire agreement between the Subscriber and Altice for Optimum TV. No undertaking, representation or warranty made by any agent or representative of Altice in connection with the sale, installation, maintenance or removal of Altice's services or Equipment shall be binding on Altice except as expressly included herein. Please see additional terms and conditions for Altice's Optimum Online and other services.
Altice may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Altice may notify Subscriber of any such changes to this Agreement by posting notice of such changes on the Optimum website, using the features of the Altice's digital cable box, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using Altice's Equipment and the Services and notify Altice that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement.
Effective Octobber 10, 2016