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Latest amendments to the TELUS Long Distance Service Terms

Parties and Subject Matter

This Agreement is between TELUS Communications Company ("TELUS") and the person whose name appears on a TELUS bill ("Customer") and applies to the Customer's use of TELUS' long distance services ("Services") on a month to month basis. "This Agreement" means these long distance terms, any terms stated on the Customer's bill, and the prices, discount rates and other terms applicable to the Services of which TELUS notifies the Customer. In cases where the Customer signs a contract for Services with TELUS, this Agreement does not apply to the Services provided pursuant to that contract, unless the signed contract specifically states that this Agreement becomes part of it.

Responsibility for all Charges

The Customer shall pay the charges for use of Services 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 Services, and for all goods and services, sales and other taxes applicable to the use of the Services.

Date of Payment

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 the Customer's bill are assessed a late payment charge of 2% per month (26.82% per year), calculated from the billing date for those charges, which the Customer 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 the Customer's account goes into arrears, including as a result of returned or rejected payments or the Customer's failure to inform TELUS of any change to the Customer's account information for pre-authorized payments. If the Customer subscribes to a pre-authorized payment method, the Customer waives pre-notification of the amounts and dates of debits from the Customer's account. TELUS may require the Customer to make interim payments for non-recurring charges the Customer has incurred in the period between two monthly bills, for such Services as are identified to the Customer with the demand for payment.  The grace period for the payment of charges so identified expires three days after you receive the demand for payment.

Immediate Payment

TELUS may demand that the Customer pay any charges immediately, provided that TELUS considers there to be a substantial likelihood of loss. Upon demand, such charges shall become due and payable. The Customer shall pay late payment charges at the rate specified in Section 3 on such charges that are not immediately paid.

Disputed Charges

If the Customer disputes any charges, the Customer must still pay all undisputed charges. Failure by the Customer to bring bill disputes to TELUS' attention within thirty (30) days of the date of the Customer's bill shall be deemed to be acceptance by the Customer of the accuracy of the bill.

Insufficient Funds

If a Customer's account is paid by cheque or pre-authorized debit and the cheque or pre-authorized debit is returned to TELUS without payment, the Customer shall pay an administration charge for each returned item.

Deposit

TELUS reserves the right to require a deposit from the Customer. Deposits earn interest during the six (6) month period following January 1 and July 1 each year at the rate established by the Bank of Montreal, or its successor, on those dates for daily interest savings accounts. TELUS may apply any portion of the deposit and accrued interest against any of the Customer's unpaid charges and will return the unused balance of the deposit, with accrued interest, to the Customer.

Suspension or Termination

TELUS may, in its sole discretion, immediately suspend or terminate Customer's use of Services if:

  • the Customer is in default of any material term of this Agreement, including the obligation to pay charges;
  • the Customer is in default of any other term of this Agreement, and such default continues for a period of fifteen (15) days after written notice to Customer; or
  • the Customer becomes bankrupt or insolvent or, if the Customer is a company, it has a receiver or receiver-manager appointed to govern its affairs.

Customer Equipment

The Customer is responsible for disruptions and damage caused by equipment, software and services not provided by TELUS ("Non TELUS Products") to:

  • TELUS' network and equipment; and
  • Services provided by TELUS to the Customer and to other persons.

TELUS does not guarantee that its equipment or network is or will remain compatible with any Non-TELUS Products. TELUS is not liable for any changes in TELUS' equipment. network or Services, which cause Non-TELUS Products to become obsolete or to require modification or alteration, or which affect the performance of Non-TELUS Products.

Limitation of Liability

Circumstances may arise where the Customer is entitled to recover damages from TELUS. In each such instance, TELUS' liability for damages shall not exceed the amount of the charges paid by the Customer for Services during the period these damages were incurred, such period limited to the month the claim arose and the two (2) preceding months. Under no circumstances is TELUS liable for indirect, special or consequential damages including, but not limited to, damages arising out of loss of data, loss of income, loss of profit or failure to realize expected savings, even if TELUS had been advised of, had knowledge of, or reasonably could have foreseen, the possibility of such damages. This 'Limitation of Liability' section applies regardless of the basis on which the Customer is entitled to claim damages from TELUS, including but not limited to:

  • breach of contract even if a fundamental breach; or
  • tort, including negligence and misrepresentation.

Causes beyond TELUS' Control

TELUS will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including disruption to the Services caused by TELUS network failures or the failure of the networks of other companies to which TELUS' network is interconnected.

Amendment

Pricing discount rates and calling exchange availability are subject to change without notice to the Customer. TELUS reserves the right to amend any other term of this Agreement at any time by giving 30 days notice.  TELUS will notify you of amendments to this Agreement by posting notice of the amendment at telus.com/longdistance (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted.  If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period.  Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.

Compliance with Law

The Customer shall not use the Service in violation of applicable law.
Unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by TELUS regarding the Customer, other than the Customer's name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than: the Customer; a person who, in the reasonable judgement of TELUS is seeking the information as an agent of the Customer; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by TELUS to evaluate the Customer's creditworthiness or collect the Customer's account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgement of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by the Customer where the Customer provides written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by TELUS, or consent through other methods, as long as an objective documented record of the Customer consent is created by the Customer or by an independent third party.TELUS may also release to a law enforcement agency, in accordance with the terms of a tariff approved by the Canadian Radio-television and Telecommunications Commission, the identity of the service provider, the Customer name and service address associated with a specific telephone number.

General Provisions

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS' prior written consent. If any provision of this Agreement is prohibited or unenforceable in certain circumstances, the remaining terms of this Agreement shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of this Agreement in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.

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