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TELUS is not responsible for the maintenance or repair
of facilities or equipment owned by you, and does not
guarantee that the Services will operate with all television
sets, remote controls, home theatre components or other
audio/visual equipment. The Services require electrical
power to operate, which you must supply at no charge to
TELUS, and you acknowledge and accept that you may
lose service during a power outage unless you supply,
install and maintain at your own expense a battery backup
power system. TELUS may, from time to time, offer you
the right to purchase certain equipment necessary to
receive the Services, including, without limitation, set top
boxes. If you choose to purchase such equipment from
TELUS, (i) the terms and conditions of such purchase shall
be governed by The Terms of Sale for Equipment attached
hereto, and (ii) you will provide access and otherwise
permit TELUS to maintain and install software upgrades
on such equipment.
c) Billing
TELUS may provide you with a monthly bill in electronic
format made available to you over the Internet, setting forth
the charges incurred for use of the Services. Your monthly
bill will be sent in paper form if electronic billing is not made
available by TELUS. If TELUS makes your bill available
over the Internet, it is your responsibility to create an online
account management profile, to subscribe to electronic
bill notification, and to check your online account every
month for your bills. Regularly recurring charges are billed
in advance and charges incurred on a per-use basis are
billed in arrears. If your bill is lost or if you do not receive
a bill, you are still responsible for making the required
payment to TELUS.
d) Maintenance
You agree to provide TELUS’ agents and employees with
access to the property and premises where the Services
are provided in order to inspect the facilities and equipment
used to provide the Services and to perform maintenance
work. TELUS will provide reasonable notice of any such
inspection or maintenance work on your premises, except
in cases of emergency.
e) Service Limitations
TELUS may refuse to provide any of the Services where
the provision of such Services would necessitate
unusual expenses which you do not agree to pay, or is
impractical because TELUS cannot reasonably acquire
the equipment, facilities or rights required to extend its
network facilities to your premises. TELUS reserves the
right to change its telecommunications network at any
time, which may result in changes to rates or to the
availability of programming. TELUS assumes no liability
whatsoever for any claims, damages, losses or expenses
arising out of the unavailability or modified availability of
the Services in any of the circumstances described in this
paragraph.
2. Your Responsibilities
a) Requesting Service
After the Services have been requested, you must provide
TELUS with a location on your premises to provide
access to the Services and allow TELUS to enter your
property and premises in order to install, maintain and
repair TELUS’ facilities and equipment. You agree to
pay any unusual expenses required to extend TELUS’
network facilities to your premises, including the cost of all
trenching and backfilling work, poles, conduits and other
facilities TELUS requires to extend its network facilities
from your property line to the point of access to the
Services on your premises, and any expenses incurred
to secure rights of way, access and occupancy.
You must supply all facilities and equipment necessary to
connect your facilities and equipment to TELUS’ network
facilities, including all wiring inside your premises and all
set top boxes. All facilities and equipment you supply must
meet the technical standards for certification established
by Industry Canada.
If you cancel a request for Services after installation work
has started, you will be charged the costs incurred for the
installation, including the cost of equipment, materials and
supplies specifically provided or used for the installation,
the cost of labour, fees for engineering design and
supervision, and any other expenses resulting from the
installation and removal work.
b) Your Account
You are responsible for all charges properly billed by
TELUS to your account, including charges for all video
on demand and pay per view programming ordered
from any set top box providing access to the Services,
regardless of who ordered such programming. You are
responsible for setting and securing a password on your
set top box to prevent unauthorized purchases. You may
dispute charges for programming you do not believe
were ordered from a set top box providing access to the
Services.