TELUS IP 1000, Instruction Manual

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SUCH DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO,
DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED
TO THE FOLLOWING:
a. THE CONTENT OF THE SERVICES OR ANY MATERIAL,
I N F O R M AT I O N O R D ATA V I E W E D , A C C E S S E D O R
TRANSMITTED OVER OR THROUGH THE SERVICES;
b. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS,
NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS
IN THE TRANSMISSION OF ANY CONTENT, INFORMATION
OR MATERIAL OVER OR THROUGH TELUS’ SYSTEMS OR
NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD
PARTIES; OR
c. INSTALLATION, MAINTENANCE, OR REMOVAL OF THE SERVICES
OR THE TELUS TV DIGITAL BOX BY TELUS OR THIRD PARTIES.
49. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF
CERTAIN TYPES OF LIABILITY SO SOME OF THE DISCLAIMERS AND
LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Indemnity
50. You agree to indemnify and hold harmless each of the TELUS Entities
from all demands, claims, awards, actions, proceedings, damages,
losses, costs, charges and expenses, including legal fees, incurred by
or made against the applicable TELUS Entity, which result from or relate
to any of your acts or omissions including, without limitation, breach or
non-performance of this Agreement.
Term and termination
51. The Services are available on a month-to-month basis or under a 1 year,
2 year or 3 year fixed term Agreement. Upon the expiry of a fixed term
Agreement, this Agreement will automatically be renewed on a month
to month basis (at then-current rates), unless you notify TELUS at least
30 days prior to the expiry of the fixed term, by the means specified on
the Services Web site, of your intention to terminate your Agreement or
enter into a new fixed term Agreement (at then-current rates).
52. When you subscribe for a fixed term Services Agreement, you may
elect to extend the term of your existing contract for TELUS High Speed
Internet service or TELUS Home Networking service, so the term of such
contract aligns with the fixed term of your Services Agreement.
53. TELUS may, in its sole discretion, suspend, restrict or terminate your
Services account, effective at any time, without notice to you, for any
reason including, without limitation, because:
a. any amount is past due from you to TELUS;
b. TELUS has received a third party complaint which relates to the use
or misuse of the Services from your account; or
c. you have been or are in breach of any term or condition of this
Agreement.
54. You may terminate your Services account at any time by notifying TELUS
via the means set out on the Services Web site. HOWEVER, IF YOU
ARE UNDER A FIXED TERM AGREEMENT AND YOU TERMINATE
YOUR SERVICES ACCOUNT PRIOR TO THE END OF THE TERM,
OR IF TELUS TERMINATES YOUR ACCOUNT FOR ANY OF THE
REASONS LISTED IN SUBSECTIONS 53 (a)-(c) ABOVE, YOU WILL
BE REQUIRED TO IMMEDIATELY PAY TELUS A TERMINATION
CHARGE, IN THE AMOUNT SPECIFIED ON THE SERVICES Web
site. YOU ACKNOWLEDGE THAT THIS TERMINATION CHARGE IS A
PRE-ESTIMATE OF DAMAGES SUFFERED BY TELUS AS A RESULT
OF SUCH EARLY TERMINATION AND IS NOT A PENALTY. TELUS
will process your termination request effective the date your request is
received.
55. Unless TELUS has terminated your Services account for any of the
reasons listed in Subsections 53 (a)-(c) above, TELUS will refund you a
pro-rata portion of your pre-paid monthly Services fee for the month of
termination, based on the effective date of such termination. Unused
Services programming credits (where applicable) are non-refundable.
56. Termination of your Services account by you or TELUS automatically
terminates this Agreement.
57. In the event that your Services account is suspended, restricted or
terminated additional reconnection charges may apply.
58. Any termination of your account shall not relieve you from any amounts
owing or other liability accruing under this Agreement prior to the time
that such termination becomes effective.
59. You agree to return all TELUS-owned TELUS TV digital box(es)
and remote controls to a TELUS-approved depot within 14 days of
termination of your Services account, unless otherwise directed by
TELUS. If you do not return such equipment in accordance with the
foregoing, if such equipment is returned damaged, or if you have
assigned, encumbered, sold, transferred or leased such equipment,
you agree to pay TELUS a $350.00 equipment replacement charge,
plus applicable taxes. The location of TELUS-approved depots can be
obtained by contacting TELUS by phone at the phone number specified
on the Services Web site. TELUS shall not be responsible for removing
from your premises any wiring or wall plates related to the Services,
upon termination of your Services account.
General
60. This Agreement, including any and all documents, Web sites, rules,
terms and policies referenced herein, constitutes the entire agreement
between TELUS and you with respect to the matters referred to in this
Agreement and supersedes all prior and contemporaneous agreements
and understandings, whether electronic, oral or written, between TELUS
and you with respect to such matters.
61. The failure of TELUS to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between you and TELUS
nor trade practice shall act to modify any provision of this Agreement.
62. In the event that any portion of this Agreement is held to be invalid or
unenforceable, the invalid or unenforceable portion shall be construed
in accordance with applicable law as nearly as possible to reflect the
original intention of you and TELUS, and the remainder of this Agreement
shall remain in full force and effect.
63. This Agreement shall be governed by and construed in accordance with
the federal laws of Canada and the laws of the province of your Delivery
Address. You hereby irrevocably consent to the exclusive jurisdiction of
the courts of such province in connection with any matter arising under
this Agreement and you agree that the venue for resolution of all such
TELUS TV agreements