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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 preauthorized 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 nonrecurring 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 $37.56 per month on
Programming and LPIF contribution, excluding any Pay Per
View services, interactive services, bundle discount 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
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.
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