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TELUS Satellite TV Terms of Service
This is an agreement between you and TELUS
Communications Company ("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") . 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 .
1 . Introduction
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 .
2 . Definitions
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;
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"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
The terms and conditions of this Agreement and the rates,
charges, fees and Programming may change from time to
time . TELUS will notify you in advance of any change, and
the effective date of that change, so that you may, as your
sole and exclusive remedy, cancel your subscription and pay
applicable cancellation charges if you don't agree . The notice
may be provided to you on or with your Statement or by any
other written notice that will likely come to your attention . If you
fail to cancel your subscription to the TELUS Service within 30
days of notice of any change and/or if you continue to receive
the Programming, you will be deemed to have accepted such
change . If we change the contents of any Programming, you
agree that we have no obligation to replace or supplement
the Programming previously offered that has been deleted,
rearranged or otherwise changed or give you any credit or
refund . The provisions of this Agreement will continue to apply
to any issue related to this relationship after termination or
cancellation of this 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
As a condition of our granting you the right to receive and
view the Programming, you must subscribe to and maintain
a minimum level of Programming specified by TELUS
when you subscribe to the Service . In addition, unless
we agree otherwise, the minimum period of time that you
must continue to subscribe to at least the minimum level
of Programming (and pay for it) is 30 days . Please visit
telus .com/tv for information regarding the current minimum
level of Programming required .
d) 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 .
e) 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 .
f) 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 .
g) 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
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