TELEVISION SERVICES AGREEMENT
The terms and conditions applicable to use of Novus’ television services and any equipment provided for viewing of Novus’ television services ( the services and equipment both referred to as the “Services”) are set out below. The use of the Services by a customer ( “Customer”) of Novus constitutes acknowledgement and agreement that the Customer has read and agreed to accept and comply with the terms and conditions of this Television Services Agreement (the “Agreement”) and any amendments which may be made from time to time. Novus Entertainment Inc. (“Novus”) offers its Services to its Customers on the terms and conditions of this Agreement, as posted on Novus’ website, www.novusnow.ca. Any Customer who does not wish to be bound by this Agreement and any amendments or modifications to this Agreement must contact Novus and terminate Novus’ television services.
Amendments to this Agreement
- Any amendments made to this Agreement will be posted on Novus’ website at www.novusnow.ca with the date of the Amendment.
- Customers will also be advised of amendments on their invoices.
- Amendments will take effect on posting or on such date as advised.
- Customers are responsible for ensuring that they have a copy of the latest version of the Agreement.
- Continued use of the Services by a Customer constitutes the Customer’s acceptance of the Agreement and all amendments made to it from time to time.
Changes to Novus’ Services
- Novus’ TV Services are offered to Customers in various packages which are also posted on Novus’ website at www.novusnow.ca and in brochures and marketing materials provided to Customers and potential Customers.
- Novus reserves the right to change its Service offerings and packages and the prices charged for the Services as it sees fit.
- Novus will use its best efforts to provide Customers 30 days notice of such changes, but is under no obligation to do so and has no liability for changes made without notice.
Provision of Services by Novus
- Novus is not responsible for the content of the programming provided to its Customers who must use their own discretion when viewing the Services and who must take responsibility for access to the Services by minors. Some Customers may find certain content offensive and Customers hereby agree that viewing and use of content is at their own risk.
- Novus will not be liable for any interruptions to the Services, whether the interruptions are the result of circumstances beyond Novus’ control, such as power failures or equipment failures, or whether the interruptions are the result of actions taken by Novus in connection with maintenance or repair of plant and equipment.
- Novus will make every effort to provide notice of interruptions to Services, but there is no obligation on the part of Novus to provide such notice. Novus does not warrant uninterrupted delivery or use of the Service.
- Novus has no obligation to provide the Services and may refuse to provide the Services for any reason, including non-payment by the Customer for the Services or breach of any of the other terms and conditions of this Agreement and although Novus may attempt to provide notice of suspension or termination of Services to the Customer, Novus will have no obligation to provide such notice nor will it be liable to the Customer for suspension or termination of the Services without notice.
Customers’ Use of the Services
- Customers are provided the Services for their personal use and are not permitted to resell or retransmit the Services or to use them for any commercial purpose or in a commercial premises.
- Although Customers are allowed to record programming for their personal use, there are strict prohibitions which apply to the unauthorized reproduction, distribution or exhibition of copyrighted programming and motion pictures.
- Novus, in selling Customers equipment or in providing the Services, is not granting to Customers any right, title or interest to any of the copyrighted material made available to the Customers by Novus and Novus will not be liable for any unauthorized reproduction, distribution or exhibition of copyrighted material by Customers.
- The Customer acknowledges that the Customer’s agreement with these terms and conditions is on the Customer’s behalf and on behalf of all persons who use the Services in the Customer’s premises.
- The Customer will have the sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
- The Customer further acknowledges and agrees that the Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement.
Terms and Conditions of Payment for the Services
- Novus bills the Customer each month in advance for the Services. The Customer hereby agrees to pay to Novus the total amount of the Customer’s invoice by the due date shown on such invoice for monthly service fees for programming and equipment as established from time to time and billed to the Customer plus any other service charges, equipment purchase charges and all applicable taxes shown on the Customer’s invoice.
- Payment will be made in accordance with the terms and conditions of the invoices sent to the Customer. If the customer has opted for automatic debit or credit card payments without monthly invoices, it will be the responsibility of the customer to review bank or credit card statements to ensure accuracy.
- The Customer further agrees to pay an administration fee of $25.00 if any cheque is returned for insufficient funds, if a credit card payment or electronic fund transfer is denied and the Customer further agrees to pay Novus’ late service charge posted on its invoice if the account is delinquent.
- It is the Customer’s responsibility to provide Novus with the Customer’s current billing information.
- Customers must contact Novus within 60 days if they disagree with any items on an invoice. Failure to do so within the time period provided will constitute the Customer’s acceptance of the amounts charged to the customer.
- A Customer hereby agrees to allow Novus to conduct a credit check of the Customer’s credit record at any time to assist Novus with the administration of the Customer’s account.
- The Customer agrees to accept responsibility for payment for the Services until such time as the Customer has provided notice of termination to Novus for termination or discontinuance of the Services. On termination or discontinuance of the Services, it will be the responsibility of the Customer to return all equipment including set-top box(es), cables, and remote control(s) which are being leased by the Customer from Novus. Failure to do so will result in a charge for such equipment plus an administration charge of $150.
- Where a Customer has made arrangements for a third party to pay for the Customer’s Services by way of a credit card or pre-authorized payment, the Customer is responsible for providing to Novus written confirmation from both the Customer and such third party that the third party is paying for the Services on the Customer’s behalf; however, so long as the Services are provided to the Customer’s residence and the account is in the Customer’s name, the Customer is responsible for any payments which are refused or reversed and the Customer agrees to accept responsibility for payment for the Services until such time as the Customer has provided notice of termination to Novus for termination or discontinuance of the Services.
Suspension of Service by Customer
- Novus agrees that the Customer may suspend the Services for a minimum period of one month and a maximum period of six months and the Customer will not be billed for the period during which the Services are suspended and the Customer will not be billed a reconnection fee when the Services are reconnected.
- If the Customer is on a timed promotion, the suspension period will be counted toward the total time of the promotion. For example, if the Customer is on a 12-month promotion and requests a 6-month service suspension after being on the promotion for 3 months, the Customer will have 3 months remaining on the promotion after reconnection of the Services. Some promotions specifically preclude the right to suspend services; that is, the Customer will lose the pricing under the promotion on suspension of the Services. Customers are responsible for reading all terms and conditions associated with any promotion that they are enjoying.
- The Customer will be allowed two disconnections and reconnections per calendar year without charge.
- The Customer agrees that should the suspension period be for less than one month, there will be a $50 reconnection fee.
- The Customer also agrees that should the Customer require reconnection of the Services more than two times in a calendar year, there will be a $50 reconnection fee.
- It is the Customer’s responsibility to contact Novus at least two business days prior to the date on which the Customer wishes the Services to be reconnected.
- Novus may provide or install Equipment for the Customer’s use of the Services. Equipment leased or loaned to the Customer (“Rental Equipment”) is provided solely for use with Novus’ services.
- Novus requires a deposit from the Customer to secure placement of Novus’ equipment in the Customer’s premises. Notwithstanding the fact that Novus’ equipment is attached to the Customer’s equipment and/or the premises of the Customer, all equipment provided by Novus for use of the Services remains the property of Novus.
- Rental Equipment provided by Novus will be charged as part of the monthly Services fee. The Customer agrees to keep the Rental Equipment free of any charge, lien or encumbrance.
- Customers further agree to keep Rental Equipment safe and in the event the Rental Equipment is lost, stolen or damaged, the Customer hereby authorizes Novus to charge the Customer’s credit card or pre-authorized payment plan for all Rental Equipment charges.
- Customers returning Rental Equipment to Novus on termination of Services are obligated to ensure the Rental Equipment is clean upon return and that all cords and any other parts provided with the Rental Equipment are returned with it. Customers returning Rental Equipment that is dirty or damaged on return hereby authorize Novus to charge a reconditioning fee of $40 against their credit card or pre-authorized payment plan.
Termination of Services
- Customer may terminate the Services for any reason upon giving Novus at least 48 hours prior notice. Service charges apply until such time as the Services are no longer available to the Customer.
- The Customer agrees that if the Services are terminated for any reason, the Customer will pay to Novus in full any amounts due and outstanding for the Services and will return any Rental Equipment in the possession of the Customer, the charges for the Rental Equipment to continue until the date of return.
- Novus may terminate the Services for any reason, including failure to make timely payment on the Customer’s account for the Services, the bankruptcy of the Customer, the failure of the Customer to permit reasonable access to inspect, repair, replace or deal with the Rental Equipment.
Limitation of Liability
- The Services are provided “as is” and “as available” without warranties or conditions of any kind.
- Without limiting the generality of the foregoing, Novus does not warrant the performance, availability, uninterrupted use of or operation of the Services, a Customer’s connection to the Services, or any feature of the Services.
- Novus will have no liability for any damage to a Customer’s equipment or premises associated with installation of the Services or equipment unless such damage is wholly due to Novus’ negligence.
- In the event of any negligence on Novus’ part or on the part of its agents, the Customer will be entitled to receive up to an amount equal to the fees paid by the Customer to Novus for the Services for the three months prior to the date of the negligent act. The Customer hereby agrees that this is the maximum amount which may be paid under any successful claim made by the Customer.
- Novus will not be liable for, and the Customer hereby indemnifies and saves Novus harmless from any losses, damages, expenses or costs, including legal fees, arising out of or in conjunction with any claim made in connection with the use of equipment sold or leased by Novus and/or the use of the Services, which use infringes any intellectual property rights.
Revised April 10, 2018