Novus Entertainment Inc. (“Novus”) provides its High-Speed Internet Data Services (the “Services”) to its customers (“Customers”) subject to the terms and conditions contained in this Internet Services Agreement (the “Agreement”). Use of the Services as a Customer of Novus constitutes acknowledgement and agreement that the Customer has read and agreed to accept and comply with these terms and conditions. Novus reserves the right to update this Agreement as outlined below.
Amendments to this Agreement
Novus may change, modify, add, or remove portions of this Agreement at any time. Novus will notify the Customer of any material changes to this Agreement by posting changes on the Novus Website or may, but has no obligation to, send notice of such changes either directly to a Customer’s service address or by email directly to a Customer’s email address; however, Customers are responsible for ensuring that they have a copy of the latest version of the Agreement.. Continued use of Novus’ Services following any such amendment constitutes acceptance of the amended version of this Agreement, the latest version of the Agreement being posted on Novus’ Website www.novusnow.ca. If a Customer does not agree to comply with all of the provisions of the current version of this Agreement, the sole and exclusive remedy of the Customer is to discontinue use of the Services.
Internet Services Provided
Novus provides many different levels of Internet Service to residential users and to businesses as posted on Novus’ website at www.novusnow.ca. Novus’ Internet Services are provided over Novus’ fibre optic network which is connected to the world wide web network.
The different levels of Internet Service provided by Novus have specific terms and conditions attached to them. The Customer acknowledges and agrees that the Customer has been advised of the terms and conditions attached to the Customer’s specific service level and has agreed to pay any additional charges which may be applied to a Customer’s bill without prior notification in accordance with those terms and conditions.
Access to Premises
The Customer hereby authorizes Novus and its employees, agents, contractors and representatives to enter the Customer’s premises in order to install, maintain, inspect, repair and enhance the Novus data network facilities. Novus will conduct these services at a mutually agreeable time.
Installation of Services
Novus will provide connectivity to the Services free of charge if:
- Data outlet already exists in the Customer’s premises;
- Data outlet does not exist but a telephone jack exists in the Customer’s premises.*
Novus will only provide connectivity to one (1) data outlet; however, Novus allows the Customer to connect multiple computers to its network by means of home networking, which is the sole responsibility of a Customer even if the equipment necessary to permit home networking has been purchased through Novus.
*Data outlet will be installed in the Customer’s premises by a Novus Service Technician.
The Customer is solely responsible for obtaining and maintaining the minimum computer requirements for proper use of the Services.
Customer Premise Equipment Provided by Novus
- Novus may provide or install Equipment for the Customer’s use of the Services. Equipment leased or loaned to the Customer (“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.
- Equipment provided by Novus will be charged as part of the monthly Services fee. The Customer agrees to keep the Equipment free of any charge, lien or encumbrance.
- Customers further agree to keep Equipment safe and in the event the Equipment is lost, stolen or damaged, the Customer hereby authorizes Novus to charge the Customer’s credit card or pre-authorized payment plan for an amount equivalent to the undiscounted retail value of the Equipment.
- Customers returning Equipment to Novus on termination of Services are obligated to ensure the Equipment is clean upon return and that all cords and any other parts provided with the Equipment are returned with it. Customers returning 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.
Agreement to Pay
- Novus’ Services are billed in advance (usage based services will be billed in arrears) and the Customer hereby agrees to pay to Novus the total monthly service fee as established from time to time and billed to the Customer, including applicable taxes, for the Services. Failure to pay may result in disconnection of the Services.
- 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 is denied or 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 invoice.
- The 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 cables and power cords which are being rented by the Customer from Novus. Failure to do so will result in a charge for such equipment plus an administration charge of $150.
- Novus has the right to disconnect the Services for non-payment.
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 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.
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 through the Customer’s equipment, whether such use has been authorized by the Customer or not. The Customer will have 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.
Customer’s Acceptable and Fair Use of Services
Novus provides many different levels of Internet Services and in order to protect the integrity of its network and its Services, Novus requires the Customer to comply with its acceptable and fair use policy. This acceptable and fair use policy prohibits any activity where such activity constitutes a criminal offence or assists others to engage in any criminal offence and prohibits any activity, which in Novus’ sole judgment, is a civil offence giving rise to civil liability or any activity which, in Novus’ sole judgment, threatens the integrity of Novus’ network and its Services.
The Customer will indemnify and hold Novus harmless from any and all claims, demands, charges and expenses which result from the Customer’s violation of Novus’ acceptable and fair use policy.
The Customer agrees not to use the Services to participate in, directly or indirectly, including, but not limited to, the activities listed below:
- upload, post, publish, deface, modify, reproduce, distribute or transmit in any way, information, software or other material obtained through the Services that is protected by copyright, or any other proprietary right, or related copyright works, without obtaining permission of the copyright owner or right holder;
- disrupt Novus’ data network or Novus’ Services, or otherwise inhibit, disrupt, impede or restrict Novus’ ability to monitor or deliver the Services;
- invade another person’s privacy;
- unlawfully use, possess, post, transmit or distribute obscene, profane or pornographic material;
- post, transmit or distribute content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- unlawfully promote or incite hatred, or post, transmit or distribute objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
- interfere with computer networking or telecommunications services to or from any Internet user, network or host, including but not limited to service attacks, overloading a service, sending out SPAM or unsolicited e-mail, improper seizure and abuse of user privileges (“hacking”), or attempting to “crash” a host;
- re-sell the Services, or use the Services for other than the purposes provided for in the Customer’s Internet Services plan. Without limiting the foregoing, the Customer agrees, if the Customer is a residential Internet service customer, not to use the Services for operation of an Internet service provider’s business or any web hosting or similar activities;
- operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi- user interactive forums if the Customer is a Novus High-Speed Internet Service Customer. (Only Novus’ Business and Commercial Internet Service Customers are permitted to operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.);
- access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”;
- alter, modify or tamper with the Services. Without limiting the foregoing, the Customer agrees that a permanent IP address is provided only to Novus’ Business and Commercial Internet Customers. A Customer subscribing to Novus’ residential Internet Service, physically entering a dynamic assigned IP address into that Customer’s computer system, is in violation of this Agreement and Novus will terminate the Services without advance notice. In addition to Novus’ termination rights as set out elsewhere in this Agreement, engaging in one or more of these practices will result in termination of the Services. Additionally, Novus reserves the right to charge the Customer for any direct or indirect costs incurred by Novus or its affiliates in connection with the Customer’s breach of any provision of this Agreement, including costs incurred to enforce compliance with it;
- host websites of an offensive, pornographic or obscene nature. Novus will not host ANY websites that contain pornographic content, socially inappropriate content (libelous, abusive, or slanderous by nature), content that incites hatred, racism, or intolerance, or content that is socially unacceptable. Novus reserves the right to monitor content of websites that Novus hosts and will disconnect websites that violate the terms of service. Novus reserves the right to make the decision in its sole discretion on the acceptability of the hosted websites’ content and, either approve or deny, hosting services for the questioned website;
- use the Services beyond the published traffic limits where a Customer’s Services are limited . The Customer agrees to pay for additional usage of the Services beyond the traffic limit and excessive usage of the Services may result in Novus discontinuing service to the Customer.
- Novus reserves the right to withdraw and refuse service to any Customer whose Service includes unlimited data transfer but abuses the Services and incurs unacceptably heavy usage traffic that compromises Novus’ network.
- Unlimited data plans are subject to an ordinary range of use and in a way that does not consume excessive network capacity and/or adversely affect Novus’ ability to provide service to other users. Novus may immediately suspend, restrict, alter or terminate the Services provided to a Customer or take other necessary protective measures, if it determines that a Customer is violating this policy, as determined by Novus in its sole discretion.
Violation of Acceptable and Fair Use Policy
NOVUS HAS NO OBLIGATION TO MONITOR THE SERVICES CONTENT; HOWEVER, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOVUS HAS THE RIGHT TO MONITOR NOVUS’ SERVICES CONTENT ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST OR TO ASSIST IN THE PURSUIT OF ANY LEGAL ACTION AGAINST A CUSTOMER. NOVUS ALSO RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE WHO ABUSES, MISUSES, OR EXPLOITS THE SERVICES OR WHO FAILS TO COMPLY WITH THE ACCEPTABLE AND FAIR USE POLICY SET OUT IN THIS AGREEMENT. NOVUS RESERVES THE RIGHT TO TERMINATE A CUSTOMER’S SERVICES WITHOUT ANY NOTICE FOR SUCH MISUSE OF THE SERVICES, NON-COMPLIANCE WITH THE ACCEPTABLE AND FAIR USE POLICY OR FOR FAILURE TO PAY IN ACCORDANCE WITH THE TERMS OF THE INVOICE SENT TO A CUSTOMER.
Canada’s Copyright Modernization Act
Novus is obligated under Canada’s Copyright Modernization Act to accept notice of copyright infringement from a rights holder (for example, a movie studio, a gaming company or a music producer) that the products of the copyright holder have been illegally accessed or downloaded. Novus is then obligated to send the notice to the Internet address identified on the notice and to confirm to the copyright holder that the notice has been sent to the alleged offender and a log or history of these notifications must be maintained.
The identity of the person with the Internet address is not disclosed to the copyright holder when a confirmation is sent and the Internet service provider is not obligated to terminate its service; however, if a copyright holder believes that one party may be responsible for many infringements, it may take legal action which would require the identity of the infringer to be disclosed. If infringement is proven, the copyright holder may seek damages of up to $5,000.
Service Suspension by Novus
The Customer acknowledges that Novus may suspend the Services at any time for any duration of time or permanently, without penalty or liability to Novus, for non-payment of charges where the charges are not legitimately in dispute and where necessary to prevent improper or unlawful use of the Services. The Customer also agrees that Novus has the right to temporarily suspend the Services for technical reasons to maintain and upgrade its network, equipment and facilities. Service may also be suspended or interrupted due to conditions beyond Novus’ control, such as power interruptions or equipment failure. Novus shall not bear any liability whatsoever for any such suspensions of Services.
Service Suspension by Customer
- Novus agrees that the Customer, if not in a contractual Services Agreement, may suspend the Services for a minimum period of one month to a maximum period of six months and the Customer will not be billed for the period during which the Services are suspended.
- 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 and contractual Service Agreements specifically preclude the right to suspend services; that is, the Customer will lose the pricing under the promotion on suspension of the Services or will be subject to a penalty charge under a contractual Service Agreement. 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 reconnection per calendar year at no charge.
- The Customer agrees that should the suspension period be for less than one month, there will be a $20 reconnection fee.
- The Customers also agrees that should the Customer require reconnection of the Services more than two times in a calendar year, there will be a $20 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.
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 any termination fees which may be owed for early termination of a contractual Services Agreement 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.
Network Traffic Management Practices
Novus is constantly increasing the capacity on its network to ensure that it is not necessary to apply network practices other than those which ensure network security. The integrity of the network is managed to guard against viruses, spam, malware, denial of service attacks and other malicious activities. It is important to note that Novus’ traffic management efforts will not affect real-time interactive activities such as online gaming, banking, e-mail or VoIP services.
Novus prides itself on providing excellent customer service, so if any Customer has a complaint, the Customer should call Novus’ Call Centre at 604.642-6688 and discuss the problem or issue with a Customer Service Representative. If the CSR is unable to resolve the matter, the Customer’s complaint will be escalated within Novus. If the Customer’s complaint is not resolved at this level, the Customer may take the complaint to the Commission for Complaints for Telecom-television Services (CCTS), which is an independent agency whose mandate is to resolve complaints of consumers about their telephone, Internet or TV services, free of charge. To contact CCTS, the Customer can visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.
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 Internet, the Customer’s connection to the Internet, any equipment or any feature of the Services.
- The entire risk as to the availability, quality and performance of the Services is with the Customer.
- Novus does not warrant that any data or files sent by or to the Customer, (whether by email or otherwise) will be transmitted, transmitted in uncorrupted form, transmitted within a reasonable period of time or rerouted.
- There are no express or implied representations, warranties or conditions whatsoever (including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose) with regard to the Services or any merchandise, information or service available on the Internet or otherwise through the Services, and all representations, warranties and conditions of any kind, express or implied are, to the extent permitted by applicable law, hereby excluded.
Unless otherwise specifically provided in this Agreement, Novus will not be liable to the Customer nor to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings and loss of business opportunities, invasion of privacy and personal injuries (including death) resulting directly or indirectly out of, or otherwise arising in connection with the Customer’s use of Novus’ Services; and
- any losses, claims, damages, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any claim that a Customer’s use of the Services infringes the copyright, patent, trade-mark, confidentiality, privacy, or other intellectual property rights of any third party; and
- any damage to or loss or destruction of any of the Customer’s hardware, software, data or peripherals resulting from installation or usage of the Services.
Revised November 7, 2019