A. Subscriber Termination. When a subscriber voluntarily discontinues services, franchisee shall refund the unused portion of any advance payments after deducting any charges currently due. Unused payment portions shall be the percentage of time for which subscriber has paid for service beyond the current month and will not receive it because of his discontinuation of service. Installation charges shall not be deemed to have constituted prepayment for one month of service and shall not be subject to refund unless otherwise authorized by the franchisee. This provision applies to both basic services and premium services.
If any subscriber terminates any monthly service during the first 12 months of said service because of the failure of the franchisee to render the service in accordance with the standards set forth in the franchise, the franchisee shall refund an amount equal to the installation or reconnection charges multiplied by the fraction of the 12-month period for which the subscriber will not be receiving service.
B. Franchisee’s Failure to Perform. The franchisee shall rebate on services ordered and payments received to the subscriber a pro rata share of its monthly charges for both basic and premium services in the event that service is disrupted for a total period of 72 hours within one month. A service disruption shall mean either a total service outage to the subscriber on all channels, or the outage of at least 25 percent of the channels to a given subscriber. Subscriber must notify franchise of any such disruption of service, and franchise has 24 hours to correct any disruption. The subscriber shall be entitled to a rebate of its monthly charges received based upon the ratio of the total number of days of interrupted service within a month divided by the number of days in the month. (Ord. 747, eff. 8/17/89)