Optik Tv Agreements; Optik T V Service Terms - TELUS Optik TV Quick Reference Manual

Optik TV Agreements

You should review the following two agreements carefully
prior to using the Optik TV Services . Your use of the Optik
TV Service and equipment is subject to the terms of the
applicable agreements below .
(1) Optik TV Service Terms
(2) Terms of Sale for Equipment
The Terms of Sale for Equipment will not apply to you if the
Optik T V equipment is rented/loaned to you by TELUS .
Terms and conditions relating to rental/loan of Optik T V
equipment are contained in the Optik TV Service Terms .

Optik T V Service Terms

This is an agreement between you and TELUS
Communications Company ("TELUS") . It sets out the terms
and conditions (the "Service Terms") that apply to your use of
the video and audio programming services and associated
telecommunications services that TELUS provides (the
"Services"), and any equipment provided to you for use
with the Services . The Service Terms, 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") .
By using the Services you are agreeing to the terms of this
Agreement . IF YOU DO NOT AGREE TO THESE SERVICE
TERMS, YOU MAY NOT USE THE SERVICES . For the
purposes of these Service Terms, "you" refers to the person
or business whose name appears on the bill .
TELUS reserves the right to amend these Service Terms,
including rates and additional charges, at any time by giving
30 days notice . TELUS will notify you of amendments to
these Service Terms by posting notice of the amendment at
telus .com/optiktv (the "Service Web Site"), or by sending
you notice on your monthly bill or email bill notice that the
Service Terms have 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
the Service Terms 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 .
Your continued use of the Services following any amendment
shall be deemed to be your acceptance of the amended
Service Terms, waiver of any additional notice requirements
and agreement to pay for the Services in accordance with the
amended Service Terms .
1. What TELUS Provides
a) Services
TELUS will provide you with the ability to receive video and
audio programming channels at your premises, only as
delivered through the TELUS wireline telecommunications
network in accordance with the distribution licenses held by
TELUS . The Services may also include 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 "The Essentials"
by TELUS, and that such programming requirements
may change from time to time without notice . You
acknowledge that certain programming channels may be
suspended from time to time or cancelled permanently,
and that 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, and agree that TELUS may at its
discretion substitute alternative programming to replace
the suspended, cancelled or blacked out programming .
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 .
You are responsible for the use of the Services by any
person . You agree to indemnify and hold all TELUS
Entities, as defined in paragraph 4(b), harmless from all
losses, costs, damages, liabilities and expenses related to
any violation of the Service Terms by such other persons,
or in connection with their use of the Services .
b) Equipment
TELUS will supply, install, maintain and repair all facilities
and equipment necessary to provide the Services up to
the point of connection with the facilities or equipment
owned by you . All TELUS equipment will remain the
property of TELUS and 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 .
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