TERMS OF USE FOR NOVUS’ PHONE SERVICES

This Agreement is between Novus Entertainment Inc. (“Novus”) and the party whose name appears on the Novus account (the “Customer”) for Novus’ telephone services (the “Service” or the “Services”). The Customer is responsible for all persons who use the Service.

Service Features

The Customer acknowledges and understands that the Service is not a traditional telephone service. The Service connects to the Internet through an interface device or adapter (the “Equipment”) and not to a traditional telephone line. The Service is subject to different regulatory treatment than a telephone service.

9-1-1 Emergency Services

Novus and/or its service providers route 911 calls to intermediate “live” Emergency Response Operators. The Emergency Response Operator will ask callers to confirm their call back number and location. The Emergency Response Operator will then transfer the caller to the emergency service agency that serves the caller’s location. The Customer hereby authorizes Novus, its agents and its service providers to disclose the Customer’s name and address to third party service providers, including, without limitation, call routers, call centres and public service answering points, for the purpose of dispatching emergency service personnel to the Customer’s registered location.

Unless advised otherwise by the caller, the Emergency Service Operator will assume that the caller is located at the Customer’s registered address for the Services. Any 911 call made may be routed to an emergency centre near the registered address unless the caller advises the Emergency Service Operator that the call is being made from another location.

In the event that a caller to 911 cannot speak, the Emergency Service Operator may assume that the caller is located at the address provided by the Customer as the registered address for the Services.

Service Outages

The Service, INCLUDING 911 SERVICE, will not work:(a) during outages, suspensions or termination of the Customer’s broadband internet service for any reason; (b) in the event of a power failure or disruption; (c) in the event of a suspension or termination of the Service for any reason.

Hearing Impaired Assistance Services

Novus provides hearing impaired assistance services to assist with the placing of calls to or from persons who use a special telecommunication device for the deaf. This service enables customers to communicate with deaf and hard of hearing customers by a message relay service between the device and conventional phone users.

Management of the Customer’s Service

The Customer agrees that Novus is authorized to act as the Customer’s agent for the management of the Customer’s existing telephone number for the purposes of maintenance and upgrades.

Use of the Service

Lawful Use Only.

The Customer agrees to use the Service for normal purposes and for lawful purposes only and will not use the Service for any purpose or in any manner that is unlawful, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, threatening or hateful, or in any other way that would violate any applicable governmental law. The Customer may not resell the Service or receive any charge or benefit for the use of the Service.

Use of Service Internationally

Novus provides various international calling plans and the Customer understands and agrees that these plans are based on the fair and proportionate use of the Service, as determined by Novus in its sole discretion, from time to time.

General Use of Service

A Customer is being provided the Service for personal or normal business use. This means that the Service is not to be used for tele-commuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal or conventional usage patterns. Novus reserves the right to immediately terminate or change the Customer’s Service to a more appropriate plan, if Novus determines, in its sole discretion, that the Service is being used for any inappropriate activities.

Termination or Disconnection of Service by Novus

Novus reserves the right to terminate the Service for non-payment of service fees where the overdue account exceeds fifty dollars and has been past due for more than two months. In those circumstances, the Customer will be provided with fourteen days notice prior to disconnection and the date of the scheduled disconnection.

At least twenty-four hours prior to disconnection, Novus will advise the Customer that disconnection is imminent, except where: (a) repeated attempts to advise the Customer of imminent disconnection have failed; (b )immediate action must be taken to protect Novus from network harm; (c) Novus has a reasonable suspicion that fraudulent activity has occurred, is occurring or is likely to occur with respect to the Services; or (d) there has been an order to disconnect by a competent public authority.

Disconnection will occur on a weekday between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. unless the weekday or weekend day, as applicable, precedes a statutory holiday in which case disconnection may not occur after 12 noon.

If the Customer does not agree with the reasons for a disconnection, Novus will continue to provide the Service provided: (a) payment is being made for the undisputed portion of the Service; and (b) Novus does not have reasonable grounds for believing that the purpose of the dispute is to evade or delay payment. At no time will Novus be liable to the Customer for suspension or disconnection of the Service.

If a Customer has a dispute relating to the disconnection of Services or the reason for the disconnection of Services, and has not been able to resolve the dispute with Novus, the Customer can lodge a complaint with the Commissioner for Complaints of Telecommunications Services Inc. (CCTS), an independent third-party complaints resolution service. Information about the CCTS is available at www.ccts-cprst.ca or by calling 1-888-221-1687.

Customer Porting Number to Another Phone Service Provider

A customer who wishes to discontinue phone service with Novus and who is porting his Novus phone number to another service provider is obligated to advise Novus when the porting of the number is completed to the new service provider. The customer will be required to pay Novus for Novus’ Service up to the date on which the customer notifies Novus that the porting of the number is completed and that Novus may discontinue its Service.

Copyright/Trademark/Unauthorized Usage of Device, Firmware or Software

The Service and any equipment, firmware or software used to provide the Service or provided to the Customer in conjunction with providing the Service, or embedded in the equipment, and all Services, information, documents and materials on Novus’ website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks“) of Novus are and shall remain the exclusive property of Novus and nothing in this Agreement shall grant to the Customer the right or license to use such marks.

Return of Equipment

 If an interface device or adapter has been provided to the Customer for use with the Service, it must be returned to Novus within 14 days of disconnection of the Service. On disconnection the Customer must either return the device to the technician doing the disconnection or return it to Novus’ office. If the Customer does not return the device to Novus on discontinuance of the service, the Customer will be charged for the device.

Customer Premise Equipment Provided by Novus

 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. 

Limitation of Liability and Indemnification

A reference to Novus in this section shall mean Novus and its affiliates, employees, directors, officers, servants, agents and any other service provider that furnishes services, devices or equipment to the Customer in connection with this Agreement or the Service.

Limitation of Liability

The Customer acknowledges and agrees that Novus WILL NOT BE LIABLE OR RESPONSIBLE TO THE CUSTOMER OR ANYONE ELSE FOR: (a) any injury, death, or damage to persons or property, arising directly or indirectly out of, or relating to the 911 service and the Customer agrees to defend, indemnify and hold harmless Novus from any and all claims, losses, damages, fines, penalties, costs and expenses (including without limitation, legal fees and expenses) by, or on behalf of, the Customer or any third party relating to the absence, failure or outage of the Service, including 911 service, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to use the 911 service or access emergency service personnel; (b) any special, indirect or consequential damages or for lost profits, in any matter related to this Agreement or the Service, including but not limited to any interruption, delay or failure to furnish, deliver or provide Services.

If Novus is determined to have any liability in any matter related to this Agreement or the Services, such liability shall be limited to the price paid by the Customer for each month for the Service with respect to which the liability relates in the month or months in which the event giving rise to the liability occurred.

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 the installation of the Services or equipment unless such damage is wholly due to Novus’ negligence.

Warranties

A reference to Novus in this section shall mean Novus and its affiliates, employees, directors, officers, servants, agents and any other service provider that furnishes services, devices or equipment to the Customer in connection with this Agreement or the Service.

Novus makes no express or implied warranty regarding the Service or any equipment or the installation of same and disclaims any implied warranty including any warranties of merchantability and or fitness for a particular purpose. Novus does not warrant that the Service or any equipment will function without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Novus does not authorize anyone, including but not limited to its employees, agents or representatives, to make a warranty of any kind on its behalf.

Payment Provisions

The Customer shall pay the charges for the Service billed to the Customer’s account, regardless of who used the Services, the location of the person whose use of the Services resulted in such charges, or the method used to access the Service. Services are charged to the Customer’s account to the end of each monthly billing period, regardless of termination date of the Service.

Date of Payment

Subject to any disputed charges, the Customer must pay all undisputed charges by the due date or late payment charges as shown on the invoice will apply. If the Customer believes there has been an error on an invoice, the Customer must provide a written objection to Novus within 30 days of the date of the invoice of the amounts believed to be incorrectly charged and the reason for the objection to those charges. Otherwise, those charges will be considered to be due and payable.

Insufficient Funds

If a Customer’s account is paid by cheque or pre-authorized debit and the cheque or pre-authorized debit are returned or refused, the Customer will be charged Novus’ current administration charge for each returned item.

Price Changes

Pricing and discount rates are subject to change without notice.

Fees on Termination/Discontinuance of Service

If Novus discontinues providing the Service in accordance with the terms of this Agreement, the Customer will be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.

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.

Changes to this Agreement

Novus may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. THE CUSTOMER WILL BE GIVEN NOTICE OF CHANGES IN PRICES AND CHARGES. CHANGES TO TERMS AND CONDITIONS WILL BE MADE FROM TIME TO TIME AND THE CONTINUED USE OF THE SERVICE WILL CONSTITUE AGREEMENT WITH THOSE TERMS AND CONDITIONS.

Revised February 27, 2023

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