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or its agents, or through the other payment method, as applicable, you
agree to pay all amounts due, upon demand by TELUS.
11. Any failure of TELUS to make a bill or statement available to you
pursuant to this Agreement does not affect your responsibility to
pay any incurred charges. Unless you notify TELUS of any errors,
discrepancies or irregularities in any billing within 90 days after they first
appear on your bill or statement, such bill or statement will be deemed
accepted by you for all purposes. Without limiting anything else in this
Agreement, you agree to release TELUS from any and all liability and
claims of loss resulting from any errors, discrepancies or irregularities
that are not reported to TELUS within 90 days of the publication date
of the applicable bill or statement.
12. You agree to pay all costs incurred by TELUS in the collection of any
delinquent charges due under this Agreement or in the enforcement of
this Agreement including, without limitation, lawyers' fees.
Service limitations
13. The Services are subject to the availability of suitable equipment and
facilities and consequently all Services are not available at all locations.
14. In order to receive the Services you must have an active TELUS High
Speed Internet service or TELUS home networking account, which
is, in TELUS' opinion, in good standing. All use of the TELUS High
Speed Internet or TELUS Home Networking services is subject to the
terms of the TELUS Internet Services Account Agreement posted at
http://www.mytelus.com/internet/policies/TISAA.do (as may be
updated from time to time), which is a separate agreement between
you and TELUS.
15. It is your responsibility to ensure that your equipment and software
meet the current minimum system requirements specified by TELUS
as being necessary for access to the Services. TELUS shall post
such minimum system requirements on the Services Web site or
otherwise notify you of such requirements. You acknowledge that such
requirements may change from time to time, with or without notice, at
TELUS' sole discretion.
16. In order to receive the Services you are required to subscribe for
and maintain minimum levels of programming (i.e. the "Essentials"
programming package). TELUS shall post such minimum levels of
programming on the Services Web site. You acknowledge that such
minimum levels of programming may change from time to time, with or
without notice, at TELUS' sole discretion.
17. Final confirmation of Services availability cannot occur until the TELUS
digital set top box(es) and associated components (ethernet switch,
remote control, cabling, and wiring) (collectively, the "TELUS TV digital
box") have been installed at your premises.
18. TELUS does not guarantee that the Services will operate with all
equipment or software including, without limitation, all television sets,
Internet access or home networking equipment, remote control, home
theatre components or other audio/visual equipment.
19. You acknowledge that some of the Services programming may be
blacked out from time to time in your local reception area due to
restrictions imposed by programming suppliers or other reasons. In
some instances, alternative Services programming may be provided in
place of blacked out programming.
General practices and limits
20. You acknowledge that TELUS may establish general practices and
limits concerning use of the Services. Such general practices and limits
shall be posted on the Services Web site or otherwise made available
to you. You agree to comply with all such general practices and limits.
You acknowledge that such general practices and limits may differ for
different portions of the Services and may be set at different levels for
different users based upon factors that may be determined in TELUS'
sole discretion. TELUS reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice. You further agree that violating such practices or exceeding
such limits may result in suspension, restriction or termination of your
account or the imposition of additional charges.
Installation
21. You authorize TELUS, its employees, agents, contractors and
representatives, to enter your premises and access your equipment,
wiring and facilities for the purpose of installing, maintaining,
inspecting, repairing or removing the Services and the TELUS TV
digital box. Access to your premises will be at a time that is mutually
convenient for you and TELUS.
22. You must provide a suitable location for the installation of the TELUS
digital set top box(es) within 2 metres of your television set(s) and other
audio/visual components (as specified by TELUS). The location must
provide reasonable ventilation and protection from damage to, theft or
loss of, the TELUS TV digital box(es).
23. Additional charges shall apply when it is necessary for TELUS to install
special equipment or wiring, to incur an unusual expense to establish
the Services at your premises, or to move, change, rearrange or reinstall
the Services or the TELUS TV digital box at your premises.
24. You agree that TELUS is not responsible for any damage to or loss of
your property arising from the installation, operation, maintenance or
removal of Services or the TELUS TV digital box, or from other services
provided at your premises.
25. In no event will TELUS be responsible or liable for any claims, damages,
losses or expenses including, without limitation, lost wages or missed
work, in the event that an installation or maintenance appointment for
the Services is missed, either by TELUS or by any third party installer.
26. TELUS shall not be responsible for any changes made by you to the
Services wiring, TELUS TV digital box or other aspects of the Services.
If any such changes result in a service or repair call, additional charges
for such call shall apply.
27. You acknowledge and agree that, except as otherwise explicitly stated in
this Agreement, TELUS is not responsible for the installation, operation,
maintenance or support of any equipment or software owned or used
by you, including without limitation any equipment or software used in
connection with the Services.
TELUS TV digital box
28. If you rent the TELUS TV digital box from TELUS, the TELUS TV digital box
is at all times owned by TELUS and you hereby agree not to sell, transfer,
lease, assign any interest in, or encumber all or any part of the TELUS TV
digital box. You further agree not to tamper with or modify the TELUS TV
digital box in any way.
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