Novus Terms & Conditions (general)
GENERAL
Novus Entertainment Inc. (“Novus”) provides its Internet, Television and Phone service (the “Services”) to its customers (“Customer”) subject to the terms and conditions contained in this Service 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.
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.
SERVICE ACTIVATION
Upon subscribing, the Customer agrees to provide accurate and up-to-date information for account activation. Novus reserves the right to verify customer information.
SERVICE AVAILABILITY
Availability of Services is subject to geographic location and technical feasibility.
EQUIPMENT AND INSTALLATION
Customers may be required to use provided equipment for optimal service.
Installation fees and equipment charges may apply.
CUSTOMER’S ACCEPTABLE AND FAIR USE OF SERVICES
Novus provides many different levels of 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.
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 Usage 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 failure to pay in accordance with the terms of the invoice sent to a Customer.
BILLING AND PAYMENTS
- 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 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 within 2 weeks of the disconnection date. Failure to do so will result in a replacement charge for such equipment. Ownership of the equipment is transferred to the Customer should the equipment not be returned within 6 months of the service disconnection date and is no longer eligible for refund.
- 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 Service
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 two 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.
PRIVACY AND DATA PROTECTION
Novus respects the Customer’s privacy and adheres to applicable data protection laws, full Privacy Policy is linked here https://www.novusnow.ca/privacy-policy/
CUSTOMER SUPPORT AND COMPLAINTS
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 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 resulting from the attachment of any instruments, apparatus, or wiring 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.