This is an agreement between you and TELUS Communications Inc. (" TELUS "). It sets out the terms and conditions that apply to your use of the direct-to-home (" DTH ") television and audio broadcast Programming service, any DTH Equipment provided to you for use with such services, as well as any associated installation, support and maintenance services associated with such services, if any (collectively, the " Services "). The Services may also include the ability to access Programming remotely, through mobile applications or the internet. This agreement, 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 "). TELUS will not have a binding Agreement with you for the Services until you have accepted the terms of this Agreement. Unless otherwise agreed, by having an IRD activated onto the Service to receive and use the Services, you are accepting and agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
The words "you" and "Subscriber" refer to you, as a residential subscriber of the Services and Programming in Canada and person whose name appears on the Statement. By requesting, viewing or paying for any Programming, you are deemed to have agreed to the terms and conditions of this Agreement unless you immediately contact our Customer Service Centre to cancel your subscription to the Programming.
In this Agreement (in addition to other terms defined herein), the following terms have the following meanings:
" Authorization Device " means a device inserted, embedded or incorporated into an IRD, including a Smart Card, that authorizes the reception of Programming and includes any software embedded therein;
" Bell TV " means Bell ExpressVu Inc., in its capacity as general partner of Bell ExpressVu Limited Partnership;
" Customer Service Centre " means the TELUS customer service centre;
" DTH Equipment " means the DTH equipment used to receive the Programming, including, without limitation, the satellite equipment comprising the IRD, Authorization Device, satellite antenna and remote control;
" TELUS ", " we ", " us ", or " our " means, and where the context requires, any successor company or entity, and its respective affiliates, and the officers, directors, employees or authorized agents of the foregoing;
" TELUS Account " or " Account " means the account opened by you to receive Programming;
" IRD " means the integrated receiver and decoder: this is the television set-top box that decodes the video and audio programs as they come into your television from the dish antenna;
" Programming " means, as the context requires, any or all of the programming, subscription programs, programming packages, Pay Per View services, interactive services, à la carte programs, and any other services provided to you from time to time, as part of the Service;
" Smart Card " means the conditional access card inserted or incorporated into the IRD, which card is owned and used to authorize reception of Programming and includes any software embedded therein; and
" Statement " means the statement of your Service account.
3. Terms and Conditions - General
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.
4. Your Use of the DTH Equipment
a. The IRD Receiver/Decoder Unit. Your right to receive and view the Programming is granted only for IRDs situated in Canada that have been authorized to receive such Programming. Your IRD will not operate without an Authorization Device. TELUS reserves the right to verify remotely or by contacting you directly that the service address is located in Canada and that all active IRDs on your Account are located at the one address listed on your Account as your "service address". If you violate this or any other provision or policy, TELUS may disconnect your access to the Programming immediately without notice. You are responsible for all Programming that is ordered for your IRD. If you have concerns about other persons ordering Programming for your IRD without your authorization, request a personal identification number (PIN) for your Account, which will be used by our Customer Service Centre to help prevent unauthorized Programming orders. You may also contact our Customer Service Centre to determine if any particular IRD model is compatible with all Programming in which you are interested. TELUS may, in our sole discretion, for technological, network or other reasons require a migration, recall, substitution or replacement of all or any part of the DTH Equipment upon notice to you and on the terms and conditions specified in our notice. Any replacement DTH Equipment will be deemed to be the DTH Equipment referenced in this Agreement.
b. Programming requires telephone connection. Each IRD must be directly and continuously connected to the same operating telephone service associated with your Account, unless TELUS otherwise expressly approves prior to activation. Connection to an operating telephone service is a condition of our granting you the right to receive and view the Programming and we may, in our sole discretion, disconnect some or all Programming if we determine that the IRD is not connected in this manner. We may verify the location of your IRDs remotely or by contacting you directly. If TELUS is unable to contact you to perform this verification, it may limit signal reception to a single receiver to a household containing multiple receivers.
c. Minimum level of Programming required. 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.
d. Programming changes. You may change your Programming at any time. If you received a promotional offer in exchange for maintaining a minimum level of Programming, 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 Programming billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Programming will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Programming 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.
e. Authorization Devices. Authorization Devices, including Smart Cards, are non-transferable. Your Authorization Device will work only in the IRD with which it was packaged or activated. Notwithstanding that the Authorization Device was packaged with your IRD (whether purchased or rented), all Authorization Devices are and remain the property of Bell TV and any tampering or other unauthorized modification to an Authorization Device may result in, and subject you to, legal action, or any other action as set out in this Agreement. If you attempt to use that Authorization Device with any other IRD without our authorization, we may terminate your right to receive and view the Programming. We may require that you return the Smart Card to us if it is defective or damaged, prior to providing a replacement Smart Card to you. In addition, we may require that you return the Smart Card to us if you terminate your Account, and failure to do so will result in a recovery charge being assessed against you. We may, in our sole discretion, implement a mandatory recall, substitution or replacement of existing Authorization Devices, by notice to you that we will substitute or replace, at our expense, the existing Authorization Device in your possession and deliver to you a replacement Smart Card. You shall, within 7 days of our notice to you of the recall, return the recalled Smart Card and activate the replacement Smart Card. We will charge $100 to your TELUS Account for each recalled Smart Card in your possession, which amount will be credited to your Account once you activate the replacement Smart Card.
f. Liability for unauthorized use. If the Smart Card in the IRD you own or rent is destroyed, lost, stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Centre immediately to avoid liability for payment for any unauthorized use or reception of Programming. You will not be liable for unauthorized use after we have received your timely notification.
g. Additional IRDs in the same household. It is a condition that any additional IRD/Smart Card combination(s) rented or purchased and activated to receive the same Programming as your initial IRD/Smart Card must be located at the service address listed on your Account and must be continuously connected to the same operating telephone line. We may, in our sole discretion, disconnect the Programming if you activate additional IRDs in breach of this requirement. The activation of any new additional IRDs/Smart Cards is subject to the additional IRD fee described in Section 5(d), if applicable. You may activate up to a maximum of 5 additional IRDs on your Account at any time. If you require more than 5 additional IRDs, you must open a new separate TELUS Account to activate such additional IRDs and you will be billed separately for the services received through those additional IRDs.
h. Vacation Properties or Secondary Locations. Section 4(a) applies to you even if you order the Programming for a secondary location, vacation property or mobile unit, such as a camper, boat or recreational vehicle. You may not, under any circumstances, including vacation properties, maintain multiple IRDs on one TELUS Account that are active at different locations simultaneously. If an IRD is installed in a mobile unit such as a camper, boat or other recreational vehicle, you are only permitted to have one IRD active on that Account.
5. Rates, Fees and Charges
a. Introduction. Programming rates, fees and charges are charged in accordance with this Agreement. Other rates, fees and charges, or changes to the amount of existing rates, fees and charges, may apply from time to time upon advance notice to you (see also Section 3). Our rates, fees and charges for Programming are available upon request from the Customer Service Centre. If you have any concerns contact our Customer Service Centre. If you use the Services through a mobile application or the internet, charges may apply for data usage under your mobility or internet service plan.
b. Your TELUS 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 IRD providing access to the Programming, regardless of who ordered such Programming. You are responsible for setting and securing a password on your IRD to prevent unauthorized purchases. You may dispute charges for Programming you do not believe were ordered from a IRD providing access to the Programming.
c. Billing policies, Statements and payments. You shall pay in full all amounts billed for Programming and all taxes, fees and other charges, if any, which are now or may in the future, be assessed on the Statement for Programming and any other services you receive from us. We will bill you each month in advance for your Programming and rental charges. (Usage-based Programming will be billed in arrears.) All bills are due upon receipt. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement (2% compounded monthly (26.82% per annum) will be applied to non-forborne services and customers in Quebec). 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. You are responsible for maintaining a minimum spend of $32 per month on Programming, excluding any Pay Per View services, interactive services and all account administration fees.
d. Termination of Services by TELUS. 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.
e. Additional IRD Fee. If you initially or subsequently activate more than one IRD on your Account, you may be charged an account administration fee by TELUS for the activation and continued use of multiple IRDs/Smart Cards on your Account. TELUS may reduce or eliminate this fee if you subscribe to specific combo programming packages or if you are renting IRDs from TELUS.
f. Reconnection Fee. TELUS charges an account administration fee to re-activate an IRD that was permanently deactivated upon your request, or where you transfer or assign ownership of the IRD or otherwise transfer or assign responsibility for payment of an existing TELUS Account, in all cases with prior written consent from TELUS.
g. Digital Service Fee. You shall pay to TELUS a monthly recurring digital service fee. This monthly recurring fee, which relates to costs incurred in operating the network and maintaining and/or upgrading technological platforms, may be reduced or eliminated by TELUS, in its discretion, if you subscribe to specific combo programming packages or based on the technological platform used to deliver Programming to you.
6. Your Termination or Suspension of Programming
a. Termination of Services. 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 reason, 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. 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 Alberta for all reconnected TELUS home services.
You may also cancel any part of the Programming at any time by notifying our Customer Service Centre, provided that you maintain the minimum Programming set out in section 4(c). Any recurring Programming charges that were billed prior to the cancellation will not be refunded.
b. Temporary suspension of Programming. You may temporarily suspend your right to receive and view the Programming at any time by contacting TELUS at 310-MYTV (6988), provided that your Programming is suspended for a minimum period of 6 consecutive weeks, and not greater than 7 consecutive months. TELUS charges an account administration fee. Upon reactivation, the minimum 1 month service requirement set out in Section 4(c) will apply. If you fail to call and reactivate your Account at the end of the permitted 7 month period, your Account will automatically be reactivated, billing will be resumed and you will receive the Programming you were receiving prior to its suspension. If you have temporarily suspended your Programming and decide during that time to terminate or downgrade your Programming pursuant to Sections 6(a), your Account will automatically be reactivated prior to any such requested change taking effect so that the terms and conditions of Sections 6(a), shall apply to your request to terminate or downgrade your Programming. You may be required to continue the payment of all rental and other fees applicable to you under this Agreement or other agreement with TELUS relating to your receipt of the Programming.
c. Transfer of Account or DTH Equipment. If you are renting DTH Equipment from TELUS, you may not, without TELUS' prior written consent, transfer or assign your rights to the DTH Equipment to another person. Also, if you own or rent your DTH Equipment, you may not assign or transfer your rights to the Programming without our prior written consent. If you do, we may deactivate your Programming. You shall notify us immediately, but in any event not more than 5 days, after you move, sell, give away or otherwise transfer any part or all of your DTH Equipment to anyone else. You are considered to be the registered owner or lessee of your DTH Equipment listed on your Account, as the case may be, and beneficiary of the rights in the Programming until we receive such notice, and consent to the transfer of the DTH Equipment or Programming that you requested and you may be liable for any charges or fees incurred by the use of your DTH Equipment by anyone else up to the time that it is transferred. To transfer your DTH Equipment to another person or TELUS Account, an administration transfer fee will be applied to the TELUS Account of the new owner.
d. Security Deposit. 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.
7. Limitation of Liability and Furnishing of Programming
a. Exclusion 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.
b. Acknowledgement re: DTH Equipment. YOU ACKNOWLEDGE AND AGREE THAT: (i) TELUS AND BELL TV, ARE NOT THE MANUFACTURER, DISTRIBUTOR, INSTALLER OR RETAILER OF YOUR DTH EQUIPMENT, AND THEREFORE HAVE NO LIABILITY WHATSOEVER FOR SUCH EQUIPMENT, INCLUDING IF THE SOFTWARE IN YOUR IRD OR AUTHORIZATION DEVICE BECOMES DISABLED OR MODIFIED DUE TO THE CIRCUMSTANCES OUTLINED IN SECTION 5(c) OR UPDATED OR UPGRADED AS OUTLINED IN SECTION 4. ANY RIGHTS AND REMEDIES WITH RESPECT TO THE DTH EQUIPMENT CAN BE FOUND IN THE LIMITED WARRANTY ACCOMPANYING THE DTH EQUIPMENT AND MUST BE HANDLED DIRECTLY IN ACCORDANCE THEREWITH; (ii) YOUR IRD AND AUTHORIZATION DEVICE CONTAINS SOFTWARE THAT IS UNDER LICENCE TO, OR OWNED BY, BELL TV. YOUR LICENCE TO USE THIS SOFTWARE IS LIMITED TO RECEIVING AND VIEWING PROGRAMMING ON THE TELUS SERVICE IS AUTHORIZED ONLY AND FOR NO OTHER PURPOSE. IF TELUS OR BELL TV HAS REASONABLE GROUNDS TO BELIEVE THAT YOU ARE RECEIVING UNAUTHORIZED PROGRAMMING, IN WHOLE OR IN PART, OR USING THE SOFTWARE FOR ANY OTHER UNAUTHORIZED PURPOSE, TELUS AND/OR BELL TV RESERVES THE RIGHT TO MODIFY OR DISABLE THE SOFTWARE IN YOUR IRD AND SMART CARD. WARNING: IF THE SOFTWARE IN YOUR IRD AND/OR SMART CARD IS DISABLED OR MODIFIED, YOUR RECEIVER MAY NOT FUNCTION PROPERLY. YOU MAY NOT MODIFY, TEST, REVERSE ENGINEER, DECOMPILE, TAMPER OR ACCESS THIS SOFTWARE FOR ANY REASON WHATSOEVER; (iii) TELUS AND/OR BELL TV RESERVES THE RIGHT, FROM TIME TO TIME TO UPDATE, REPLACE OR UPGRADE THE SOFTWARE IN YOUR IRD AND AUTHORIZATION DEVICE (BY SWAP, REPLACEMENT, RECALL OR OTHERWISE) TO ENSURE THAT IT AND YOUR DTH EQUIPMENT THAT YOU EITHER OWN OR ARE RENTING FROM TELUS WILL REMAIN COMPATIBLE WITH AND FUNCTION PROPERLY WITH ANY TECHNOLOGICAL ADVANCES OR IMPROVEMENTS MADE TO THE SERVICES. IN CERTAIN CIRCUMSTANCES, IT MAY BE NECESSARY TO MODIFY OR REMOVE SOME SOFTWARE FEATURES TO INTRODUCE NEW FEATURES AND TO ENSURE YOUR IRD AND AUTHORIZATION DEVICE REMAINS COMPATIBLE WITH SUCH TECHNOLOGICAL ADVANCES OR IMPROVEMENTS.
c. Programming availability. 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.
d. 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 Programming, or use the Programming for any commercial purpose. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to the Programming. You may not directly or indirectly charge any person for the use of the Programming, 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 Programming if they interfere in any way with the Services or the operation of the facilities or equipment used by TELUS to deliver the Services. You also agree not to threaten, abuse or harass any TELUS customer representative.
e. Additional Rules for Pay Per View ("PPV") Programming. Unless otherwise indicated by TELUS at the time you place your order for PPV Programming, all sales of PPV Programming are final. If TELUS is unable to provide any PPV Programming that you have ordered, TELUS shall credit you the amount for that PPV Programming. TELUS shall have no other liability for cancelled events or failure to provide any PPV Programming. Certain PPV Programming may only be ordered if you also subscribe to other prerequisite channels on the TELUS Service. You shall indemnify and hold harmless TELUS from any claims, liabilities, losses or damages resulting from your use of PPV Programming in contravention of Section 7(d) or 7(e) of this Agreement. PPV Programming also includes season based sports PPV programming packages where a customer may have access to all or many games in a season of a professional sports league. Once you subscribe to a season based sports PPV programming package, your subscription is an ongoing one and will continue from season to season. To cancel, you must call 310-MYTV (6988) before the start of the next season since there are no refunds once a season has started.
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. When providing the DTH Services to you, TELUS will be acting as the agent of Bell TV and will collect and share personal information about you to Bell TV. Information about Bell's privacy policies is available at bell.ca/privacy .
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.
9. Miscellaneous Provisions
a. Applicable Law and Enforceability. TELUS is a federally-regulated undertaking and as such, this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations applicable to it. These terms and conditions are subject to amendment, modification or termination if required by laws or regulations. Each provision of this Agreement shall be construed as separable and divisible from every other provision and the enforceability of any one provision, or portion thereof, shall not limit the enforceability, in whole or in part, of any other provision hereof. If any provision in this Agreement is declared to be illegal or in conflict with any applicable law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. The term "including" means including without limitation. The benefit of any provision limiting liability in favour of TELUS may be exercised by Bell TV or extended to include Bell TV.
b. 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.
c. Change of name, address or telephone number. You shall give us prompt notice of your change of name, mailing address, residency, address, telephone number and other relevant information by notifying our Customer Service Centre. Notices are deemed to have been received when they arrive at our Customer Service Centre.
d. 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.
a. Equipment. All DTH Equipment not owned by you 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. 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. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of any TELUS-owned equipment that has been provided for your use as part of the TELUS Services.
b. Purchased Equipment Subsidy. If you purchased the IRD or other DTH Equipment you use to receive the Services, you agree that TELUS has subsidized the purchase price for such DTH Equipment you use to receive the Services on the understanding that you will: (a) become a subscriber of the Service for the period you agree to when you subscribe for the Services and (b) activate the IRD with TELUS to receive the Service at the address you provide to us when you subscribe for the Service within 60 days of the date of purchase of the IRD. FAILURE TO ACTIVATE YOUR IRD WITHIN THIS 60 DAY PERIOD MAY RESULT IN A TELUS ACCOUNT BEING OPENED IN YOUR NAME AND A CHARGE BEING APPLIED TO EITHER YOUR TELUS ACCOUNT OR YOUR CREDIT CARD IN THE AMOUNT OF $299 FOR EACH NON-ACTIVATED RECEIVER. You agree that these charges represent a reasonable estimate of damages suffered by TELUS as a result of your failure to activate the receivers, or any of them, within the 60-day period.
c. Early Termination. If you choose to terminate your Services (or if TELUS terminates your Services for cause) prior to the end of your term commitment, you will be required to pay (as liquidated damages and not as a penalty) a cancellation fee of $10.00/month for every month remaining in contract, in addition to all other amounts then due to TELUS.
d. Not A New Subscriber. You acknowledge and agree that the instant rebate given on the purchase of your IRD is for new subscribers to Service only. If following the activation of your IRD, it is determined that, when you subscribed for the Service, you had been a subscriber of the Service in the last six (6) months, you shall be deemed to be in material breach of this Agreement and TELUS may charge your TELUS Account the amount of $200, which amount is a reasonable estimate of damages suffered by TELUS as a result of your breach.
Effective November 29, 2017, the Satellite TV Service Terms are amended as follows:
- A new sentence is added immediately after the second sentence of the Service Terms, as follows:
“The Services may also include the ability to access Programming remotely, through mobile applications or the internet.”
- A new sentence is added at the end of subsection 5a, as follows:
“If you use the Services through a mobile application or the internet, charges may apply for data usage under your mobility or internet service plan.”
- A new sentence is added at the end of subsection 7d, as follows:
“You also agree not to threaten, abuse or harass any TELUS customer representative.”