Business TV Hospitality + Hospitality Wi-Fi Service Terms

General Description

Optik TV for Business Service provides high definition channels, a Video on Demand library and Channel on Demand options that allow your end users to rent channels and Pay per View events.

TELUS High Speed Internet Access (HSIA) Service is a pre-requisite for your Optik TV for Business Service and must be fully implemented prior to installing the service. Your Optik TV for Business Service will automatically terminate upon termination or expiry of your HSIA Service.

You are responsible for providing the necessary cabling infrastructure to deliver your Optik TV for Business Service from the TELUS demarcation point at your site to each room where your Optik TV for Business Service will be located. We will make commercially reasonable efforts to utilize existing in-building cabling to deliver your service. If we determine that additional cabling is required to install the service in a particular room at your site due to the unavailability of cabling which meets our specifications, we will review the cabling options with your site contact, including the additional fees associated with each option. If you elect to proceed with the service, you will be responsible for the applicable additional cabling fees. These fees will be invoiced to you as a one-time charge.

We may charge for additional work and equipment to extend our network facilities to your premises, including any expenses incurred to secure rights of way, access and occupancy.

You will provide us with a completed installation spreadsheet required for the implementation as well as ensure your television sets are unlocked. We will install Optik TV for Business Service on your television sets and include instruction materials for your end users.

Software Supplied by TELUS

The software and documentation provided for your Optik TV for Business Service is protected by intellectual property laws and remain the sole property of TELUS or its suppliers. You must not copy, modify, sell, assign, sublicense or otherwise transfer any right or interest in such software, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of such software, remove any proprietary notices or labels on or in such software or allow any other person or entity to engage in any of these activities.

Service Availability

Service availability is based on TELUS’ broadband build coverage. Not all service addresses will qualify for Optik TV for Business Service, with final determination to be made by us during the time of install. Should a service address not qualify for Optik TV for Business Service or if we determine that delivering the service to the requested service address is not commercially reasonable due to infrastructure costs, we will notify you and your Optik TV for Business Service will be cancelled without any cancellation charges.

Channel Subscriptions

We will provide you the minimum level of programming mandated by regulatory requirements. Programming requirements may change without notice. Certain channels may be suspended from time to time or cancelled permanently, and individual programs may be blacked out in your local viewing area due to restrictions imposed by the providers of such programming or rights owners. We may, at our discretion, substitute alternative programming to replace suspended, cancelled or blacked out programming. In addition, subject to regulatory requirements we may temporarily or permanently remove a channel from a subscription package for any reason.

Use

You have the ability to provide Optik TV for Business Service to your end users, however you are not permitted to sell or market Business Optik TV Service to your end users.

In using your Optik TV for Business Service, you and your end users are responsible for complying with any acceptable use policy or use terms for the service which may be published by us from time to time. We may, without notice or liability, modify or restrict network settings to enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect TELUS or others from liability.

You may not provide your end users with access to a Personal Video Recorder (PVR) in a public area. A public area is an area within your site where transient end users congregate, including a restaurant, lounge, bar, waiting room, lobby and staff room. You and your end users must comply with Canadian copyright law in using the PVR. You are responsible for deleting any content recorded by your end user on a PVR prior to allowing another end user to access the PVR.

Relocation

Once a digital box for your Optik TV for Business Service has been installed in a room at your site you may not relocate the box to another room or another site without our prior approval.

Maintenance and Upgrades

We may without notice perform maintenance and service upgrades to the Optik TV for Business Service from time to time which may impact the availability or quality of your service.

Service Cancellation Charges

When your Optik TV for Business Service is cancelled, TELUS calculates the service cancellation charge using the table below, based on the service period you selected. The service cancellation charge is a percentage of the total service charges for your Contracted Service Period remaining in the service period after cancellation.

TELUS will waive the service cancellation charge if you replace the cancelled service with another TELUS service with total service charges greater than the total service charges for your Contracted Service Period remaining in the service period for the Optik TV for Business Service after cancellation.

Commencement of Billing

Notwithstanding anything in the general terms, billing for all units of Optik TV for Business Service as itemized in Your Services Summary and the Summary Charges table will commence when the last unit of the service is installed, unless such installation is delayed for any reason outside of our control. In the event of a delay, we may commence billing for all units of Optik TV for Business Service then installed when we have installed the service at a particular customer site specified by us.

Equipment

The equipment which we provide to you in connection with your Optik TV for Business Service is listed in the Service Charges. This equipment will remain our property and must be returned upon service cancellation or expiry within thirty days or you will be charged for the equipment at the applicable charges listed in Table 1. You are responsible for loss of or damage to the equipment other than loss or damage caused by ordinary wear and tear or caused by us, including payment of the applicable charges listed in Table 1 where we determine it is not commercially reasonable to repair the equipment. Charges calculated at the labor rate listed in Table 1 may apply for us to resolve service issues caused by you or to provide certain non-standard support services, as determined by us. We are not responsible for the care and support of your TV sets or equipment not provided by us.

Table 1: Optik TV Service Components

Commercial Sports

Commercial sports pricing will apply for any of your sites which is a bar, restaurant or other similar establishment with a liquor license based on the size of the venue’s maximum liquor license occupancy. You must identify all such sites to us prior to installation of the Optik TV for Business Service. Commercial sports pricing, channel lineups and packaging are subject to change at any time without notice. Minimum system requirements apply. Final eligibility will be determined by us. Due to restrictions imposed by broadcasters, for commercial sports programming PVR functionality is not available and Video on Demand functionality is available for private viewing only.

Channel Description – Guest Rooms

1. Subscribed Channel Lineup

TELUS will provision the following channels/ theme packs for guest rooms:

• Essentials
• Sportsnet

2. Channels and Channel Numbers

The majority of channels will be made available in High Definition (HD). Channels and channel numbers are subject to change with notice.

Channel Subscription – Guest Rooms

1. Subscribed Channel Lineup

TELUS will provision the following channels/ theme packs for guest rooms:

• Essentials
• Time Choice
• Sportsnet
• TSN

2. Channels and Channel Numbers

The majority of channels will be made available in High Definition (HD). Channels and channel numbers are subject to change with notice.

Essentials (Local Networks) & Time Shift Multicultural (French) Sportsnet TSN Sports National News

General Description

Hospitality Wi-Fi Service works with Optik TV for Business Service and High Speed Internet Access (HSIA) Service to provide you and your end users with the ability to use simultaneous high bandwidth applications, such as video streaming, networking and gaming.

Hospitality Wi-Fi Service includes the following:

a) Wireless Internet connectivity providing up to 30 Mbps download bandwidth per device
b) A single network name for your end users’ Wi-Fi access within guest rooms, a lobby area and other select areas identified by you. You may have up to four unique network names at your location
c) A Splash Page and web page re-direct
d) Various traffic shaping options that allows the throttling of recreational applications such as peer-to-peer file sharing programs
e) Wi-Fi site coverage to a single guest or end user authentication and connectivity within selected areas of your site

Hospitality Wi-Fi Service optional features include:

a) Integration of your Hospitality Wi-Fi Service with your Property Management System
b) A custom Splash Page with access code authentication
c) Wi-Fi coverage for indoor common areas
d) Wi-Fi coverage for outdoor areas

Service Infrastructure

Optik TV for Business Service and HSIA Service are pre-requisites for your Hospitality Wi-Fi Service and must be fully implemented prior to installing the service. Your Hospitality Wi-Fi Service will automatically terminate upon termination or expiry of your HSIA Service or your Optik TV for Business Service.

Support

Our Services Help Desk will provide 24 hour, 7 days per week assistance on a reasonable efforts basis. On-site support requested by you may be charged at an hourly rate. We will ensure you are made aware of these fees prior to proceeding with support.

Equipment and Changes

The equipment which we provide to you in connection with your Hospitality Wi-Fi Service is listed in the Service Charges. This equipment will remain our property and must be returned upon service cancellation or expiry within thirty days or you will be charged for the equipment at the applicable charges listed in Table 1. You are responsible for loss of or damage to the equipment, other than loss or damage caused by ordinary wear and tear or caused by us, including payment of the applicable charges listed in Table 1 where we determine it is not commercially reasonable to repair the equipment. Charges calculated at the labor rate listed in Table 1 may apply for us to resolve service issues caused by you or to provide certain non-standard support services, as determined by us. We are not responsible for the care and support of equipment not provided by us.

Should you request a change to the services configuration described in your Project Statement of Work during the term (a “Change”), additional labor and additional Wi-Fi Access Points or replacements or upgrades of existing Wi-Fi Access Points may be required in order to implement the Change. The equipment and labor charges associated with Changes are also listed in Table 1. We are not responsible for any impact to the Hospitality Wi-Fi Service as a result of a Change.

Table 1: Hospitality Wi-Fi Service Components

Service availability is based on TELUS’ broadband build coverage. Not all service addresses qualify for Hospitality Wi-Fi Service, with final determination to be made by us during the time of install. Should a service address not qualify for Hospitality Wi-Fi Service or if we determine that delivering the service to the requested service address is not commercially reasonable due to infrastructure costs, we will notify you and your Hospitality Wi-Fi Service will be cancelled without any cancellation charges.

Use

In using the Hospitality Wi-Fi Service, you and your end users are responsible for complying with our Acceptable Use Policy at http://www.telus.com/aup. This policy will be available through a Splash Page prior to accessing the Wi-Fi network. We may, without notice or liability, modify or restrict network settings to enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect TELUS or others from liability.

Service Renewal

Notwithstanding anything to the contrary stated in the general terms, your Hospitality Wi-Fi Service will terminate on the last day of your service period. If you wish to continue your Hospitality Wi-Fi Service, you must provide us with written notice of renewal at least ninety days prior to the expiry of your service period.

Service Cancellation Charges

When your Hospitality Wi-Fi Service is cancelled, TELUS calculates the service cancellation charge using the table below, based on the service period you selected. The service cancellation charge is a percentage of the total service charges for your Contracted Service Period remaining in the service period after cancellation.

TELUS will waive the service cancellation charge if you replace the cancelled service with another TELUS service with total service charges greater than the total service charges for your Contracted Service Period remaining in the service period for the Hospitality Wi-Fi Service after cancellation.