Optik TV and Pik TV Service Terms

Optik TV and Pik TV Service Terms

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This is an agreement between you and TELUS Communications Inc. (“TELUS”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of the video and audio programming services and associated telecommunications services that TELUS provides, including services branded under Optik TV and Pik TV (the “Services”), and any equipment provided to you for use with the Services. The Service Terms, together with TELUS rules and policies applying to the use of the Services, form the agreement between you and TELUS for the Services (the “Agreement”).

By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, “you” refers to the person or business whose name appears on the bill.

TELUS reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving 30 days notice. TELUS will notify you of amendments to this Agreement by posting notice of the amendment at telus.com/serviceterms (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Cancellation fees may apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.

1. WHAT TELUS PROVIDES

a) Services

TELUS will provide you with the ability to receive video and audio programming channels at your premises, only as delivered by TELUS in accordance with the distribution licenses held by TELUS. The Services may also provide access to video on demand and pay per view programming, interactive programming and related personal video services.

You acknowledge and agree that the Services must include the minimum levels of programming required by Canadian government regulation, called “Lite” by TELUS, and that such programming requirements may change from time to time without notice. Programming 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 the rights of Canadian programming services. You agree that TELUS may at its discretion substitute alternative programming to replace the suspended, cancelled or blacked out programming. No rebates will be credited to your account for any such programming black-outs. Your sole remedy, available only where programming channels have been permanently cancelled, is to cancel your subscription to the programming package containing such channels, effective at the end of your current billing period.

b) Equipment

TELUS will supply, install, maintain and repair all facilities and equipment necessary to provide the Services up to the point of connection with the facilities or equipment owned by you. All TELUS equipment will remain the property of TELUS and must be returned to TELUS upon termination of this Agreement for any reason. TELUS may charge you for all work and equipment supplied in order to extend existing TELUS network facilities to your premises, including any expenses incurred to secure rights of way, access and occupancy.

TELUS is not responsible for the maintenance or repair of facilities or equipment owned by you, and does not guarantee that the Services will operate with all television sets, remote controls, home theatre components or other audio/visual equipment. The Services require electrical power to operate, which you must supply at no charge to TELUS, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system.

c) Billing

TELUS may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by TELUS. If TELUS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to TELUS.

d) Maintenance

You agree to provide TELUS’ agents and employees with access to the property and premises where the Services are provided in order to inspect the facilities and equipment used to provide the Services and to perform maintenance work. TELUS will provide reasonable notice of any such inspection or maintenance work on your premises, except in cases of emergency.

e) Service Limitations

TELUS may refuse to provide any of the Services where the provision of such Services would necessitate unusual expenses which you do not agree to pay, or is impractical because TELUS cannot reasonably acquire the equipment, facilities or rights required to extend its network facilities to your premises. TELUS reserves the right to change its telecommunications network at any time, which may result in changes to rates or to the availability of programming. TELUS assumes no liability whatsoever for any claims, damages, losses or expenses arising out of the unavailability or modified availability of the Services in any of the circumstances described in this paragraph.

2. YOUR RESPONSIBILITIES

a) Requesting Service

After the Services have been requested, you must provide TELUS with a location on your premises to provide access to the Services and allow TELUS to enter your property and premises in order to install, maintain and repair TELUS’ facilities and equipment. You agree to pay any unusual expenses required to extend TELUS’ network facilities to your premises, including the cost of all trenching and backfilling work, poles, conduits and other facilities TELUS requires to extend its network facilities from your property line to the point of access to the Services on your premises, and any expenses incurred to secure rights of way, access and occupancy.

You must supply all facilities and equipment necessary to connect your facilities and equipment to TELUS’ network facilities, including all wiring inside your premises and all set top boxes. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada.

If you cancel a request for Services after installation work has started, you will be charged the costs incurred for the installation, including the cost of equipment, materials and supplies specifically provided or used for the installation, the cost of labour, fees for engineering design and supervision, and any other expenses resulting from the installation and removal work.

b) Your Account

You are responsible for all charges properly billed by TELUS to your account, including charges for all video on demand and pay per view programming ordered from any set top box providing access to the Services, regardless of who ordered such programming. You are responsible for setting and securing a password on your set top box to prevent unauthorized purchases. You may dispute charges for programming you do not believe were ordered from a set top box providing access to the Services.

c) Acceptable Use

You may only use the Services at your premises for private home viewing at the residence you have provided as your service address. You may not redistribute or publicly display any portion of the Services, or use the Services for any commercial purpose. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to programming on the Services. You may not directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, or otherwise interfere with any TELUS facilities or equipment. You may not use the Services in any way that interferes with the ability of other customers to use services provided by TELUS fairly and proportionately, and TELUS may, at any time, limit the use of any Services in order to prevent such interference. TELUS may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Services if they interfere in any way with the Services or the operation of the facilities or equipment used by TELUS to deliver the Services.

d) Fees and Other Charges

The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as TELUS may determine from time to time.

Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless TELUS correctly bills the charge within one year from the date it was incurred. In these circumstances, TELUS will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.

e) Service Changes

You may change your Services at any time. If you received a promotional offer in exchange for maintaining a minimum level of Services, cancellation fees will apply if you downgrade below the minimum. Lite service is not available with any promotional offer and downgrading to Lite after accepting a promotional offer will trigger the associated cancellation fees. Charges for recurring monthly Services billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at telus.com and may change without notice.

f) Payment for the Services

All bills are due upon receipt. Bills made available through the Internet are received when they are posted. Charges not paid before the end of the grace period shown on your bill are assessed a late payment charge of 2% per month (26.82% per year), calculated from the billing date for those charges, which you must pay in addition to all other amounts owing to TELUS. Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.

g) Deposit Requirements

TELUS may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with TELUS or do not provide other proof of creditworthiness satisfactory to TELUS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with TELUS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. TELUS will credit your account monthly with interest on any security deposit required by TELUS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. TELUS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.

h) Indemnity

You are responsible for all use of the Services, including by third parties, even if you have not authorized them to use the Services. You are responsible for controlling access to your Services account. You will indemnify the TELUS Entities against any claim made by a third party in connection with their use of the Services.

You are responsible for any damages to TELUS' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person whether authorized or not to be on the property or premises.

3. PRIVACY

You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, as it may be updated from time to time (the “TELUS Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.

By using the Services and incurring charges for such use, you authorize TELUS to obtain information about your credit history from credit reporting agencies, credit grantors and other TELUS companies from time to time, and consent to the disclosure of your credit history with TELUS to such entities at any time.

You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services.

4. GENERAL TERMS

a) No Warranties

The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS. Your sole remedy for any defect or malfunction of any set top box provided by TELUS for use with the Services is set forth in the manufacturer’s warranty.

b) Limitation of Liability

To the fullest extent permitted by applicable law, neither TELUS nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "TELUS Entities") shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Services, regardless of the cause of action, including negligence, and even if one or more of the TELUS Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. If for any reason a TELUS Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the TELUS Entities to you or such third party is limited to the greater of $20 and the fees paid by you to TELUS for the particular Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which TELUS cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by TELUS’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers, (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which TELUS does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over TELUS’ network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with TELUS’ network facilities.

c) Termination and Suspension

Upon the expiry of the term of this Agreement, your Services will continue on a month to month basis until you notify TELUS that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month to month service.

You may terminate this Agreement at any time by notifying TELUS of the date you want the cancellation to be effective. Cancellation fees may apply. If you cancel your service or if TELUS cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is cancelled. Any recurring charges that were billed at the beginning of your billing cycle or any credit balance under five dollars will not be refunded when your service is cancelled.

TELUS may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. While your service is suspended, you remain responsible for all regularly recurring charges. TELUS may terminate the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from TELUS, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you. Upon termination of the Services, TELUS shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you.

A reconnection fee of will apply if you want the services reconnected after a suspension or cancellation of service. The fee is $45 in British Columbia and $35 in Alberta for all reconnected TELUS home services.

d) Arbitration

Any claim, other than the collection of amounts owing to TELUS, relating to (i) your Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.”

e) Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS’ prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.

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