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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 .
b) 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 . 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 at the prime rate of the Bank of Montreal plus 7%,
converted to a monthly compound rate and rounded up
to the nearest quarter percentage point, calculated from
the due date, 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 3 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 .
c) Termination of Programming by TELUS
If you do not pay in full all amounts owing as shown on your
Statement within 30 days after the date when payment is
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required, or if you fail to comply with any of your obligations
under this Agreement at any time, in addition to our other
rights and remedies, we have the right to disconnect your
Programming, in our sole discretion, without notice or
demand to you . We also reserve the right, without notice or
demand, to take whatever steps are necessary to disable
or modify the software in your IRD and/or Authorization
Device if you breach any of your obligations under this
Agreement, including receiving Programming that you have
not paid for, in whole or in part .
d) 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 .
e) Reconnection Fee
TELUS charges an account administration fee to reactivate
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 .
f) 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) If you want to terminate all or a portion of your
Programming
(i) Downgrading your Programming: You may terminate or
downgrade the reception of any part of your Programming
by notifying our Customer Service Centre, only if these
two conditions are met: (x) any continuing Programming
is subject to the minimum Programming requirements
set out in Section 4(c); and (y) your Account is in good
standing with all payments up to date . The Programming
you request to be terminated will be deactivated effective
as of the next billing cycle date after receiving your notice .
Since you would have paid for the Programming you are
terminating or downgrading in advance up to the next billing
cycle date, no credit or refund will be payable in respect of
such terminated or downgraded Programming . In addition,
no deactivation fee will be payable in such case . However,
if you are a subscriber and you attempt to downgrade
your Programming below the minimum Programming
commitment you have agreed to, certain fees or charges
may be applicable .
(ii) Terminating or cancelling your Programming: You
may terminate the reception of all of your Programming by
notifying our Customer Service Centre . All the Programming
you receive will be deactivated on the 30th day after
receiving your notice to cancel . However, if you are not a
month to month subscriber, and you attempt to deactivate
all of your Programming, certain fees or charges may be
applicable . If you are entitled to a credit for any amount
in excess of $10, TELUS will send you a cheque for that
refund amount upon your request, but we will not provide
any refund or credit for an amount of less than $10 . If you
have any questions regarding the return process, please
call 310-MYTV (6988) .
(iii) Outstanding Balance: If you cancel your right to
receive and view any Programming, you are still responsible
for payment of all outstanding balances accrued up to the
date of termination .
b) If you want to temporarily suspend your 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) (i) or (ii) as applicable, your Account will
automatically be reactivated prior to any such requested
change taking effect so that the terms and conditions of
Sections 6(a) (i) or (ii), as applicable, 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) Your 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 . 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, shall be credited to your Account monthly . 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 .
e) Term and Rates
At the end of the minimum term, if any, your TELUS Service
will continue until (i) you terminate this Agreement upon a
thirty (30) day notice to TELUS, or (b) TELUS terminates
this Agreement as permitted herein ("Term") . Please note
that all Programming, programming rates, packaging, fees
and charges for other miscellaneous features or services,
system access, late payment charges, termination or
cancellation charges may change over the Term . Taxes
are, in all cases, extra .
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