This Agreement is between TELUS Communications Company ("TELUS") and the person or company 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. The Services may also include the ability to access your telephone line remotely, through mobile applications or the internet. This Agreement includes these long distance Service Terms, any terms stated on your bill, and the prices, discount rates and other terms applicable to the Services that TELUS notifies to you. International long distance rates, discounts and calling exchange availability depend on services provided by foreign telecommunications companies and are subject to change without notice. If you have signed a contract for Services with TELUS, this Agreement does not apply to the Services provided under that contract, unless the signed contract specifically states that this Agreement becomes part of it.
TELUS reserves the right to amend any other term of this Agreement, including rates and additional charges, 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/serviceterms (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. Cancellation fees may apply. 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.
1. YOUR RESPONSIBILITIES
a) Use of the Services
You are responsible for all use of the Services, including by third parties, even if you have not authorized them to use the Services. You are responsible for controlling access to your Services account. You will indemnify the TELUS Entities against any claim made by a third party in connection with their use of the Services.
b) Acceptable Use
You may not use the Services or permit any other person to use the Services for any illegal purpose, or to make annoying or offensive calls. You also agree not to threaten, abuse or harass any TELUS customer representative. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to programming on the Services. You may not directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, or otherwise interfere with any TELUS facilities or equipment. You may not use the Services in any way that interferes with the ability of other customers to use services provided by TELUS fairly and proportionately, and TELUS may, at any time, limit the use of any Services in order to prevent such interference. TELUS may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Services if they interfere in any way with the Services or the operation of the facilities or equipment used by TELUS to deliver the Services.
c) Fees and Other Charges
The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 30 days after receiving the bill that includes the charge or credit. If you use the Services through a mobile application or the internet, charges may apply for data usage under your mobility or internet service plan.
d) Service Changes
You may change your Services at any time. If you received a promotional offer in exchange for maintaining a minimum level of Services, cancellation fees will apply if you downgrade below the minimum. Charges for recurring monthly Services billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at telus.com and may change without notice.
e) Payment for the Services
All bills are due upon receipt. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement (2% compounded monthly (26.82% per annum) will be applied to non-forborne services and customers in Quebec). 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.
f) Deposit Requirements
TELUS may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with TELUS or do not provide other proof of creditworthiness satisfactory to TELUS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with TELUS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. TELUS will credit your account monthly with interest on any security deposit required by TELUS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. TELUS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
TELUS does not guarantee that its equipment or network is or will remain compatible with any products or services not provided by TELUS. TELUS is not liable for any changes in TELUS' equipment. network or Services, which cause such products or services to become obsolete or to require modification or alteration, or which affect their performance.
You are responsible for any damages to TELUS' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person whether authorized or not to be on the property or premises.
You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, as it may be updated from time to time (the “TELUS Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.
By using the Services and incurring charges for such use, you authorize TELUS to obtain information about your credit history from credit reporting agencies, credit grantors and other TELUS companies from time to time, and consent to the disclosure of your credit history with TELUS to such entities at any time.
You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services.
Unless you provide express consent or disclosure is pursuant to a legal power, all information kept by TELUS in your regard, other than your name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than: you; a person who, in the reasonable judgment of TELUS, is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost effective provision of telephone services and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you 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 your creditworthiness or in the collection of your account, provided the information is required for and is to be used for that purpose; a public authority or agent of a public authority, if in the reasonable judgment of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; or an affiliate involved in supplying the Customer with telecommunications and/or broadcasting 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. Express consent may be taken to be given by you where you provide: 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 your consent is created by you 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.
5. GENERAL TERMS
a) No Warranties
The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS. Your sole remedy for any defect or malfunction of terminal equipment provided by TELUS for use with the Services is set forth in the manufacturer's warranty.
b) Limitation of Liability
To the fullest extent permitted by applicable law, neither TELUS nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "TELUS Entities") shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Services, regardless of the cause of action, including negligence, and even if one or more of the TELUS Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. If for any reason a TELUS Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the TELUS Entities to you or such third party is limited to the greater of $20 and the fees paid by you to TELUS for the particular Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.
Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which TELUS cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by TELUS’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers, (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which TELUS does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over TELUS’ network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with TELUS’ network facilities.
c) Suspension and Termination
TELUS may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. While your service is suspended, you remain responsible for all regularly recurring charges. TELUS may terminate the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from TELUS, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you. A reconnection fee of will apply if you want the services reconnected after a suspension or cancellation of service. The fee is $45 in British Columbia and $35 in Alberta for all reconnected TELUS home services.
Any claim, other than the collection of amounts owing to TELUS, relating to (i) your Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.
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.
Effective November 29, 2017, the Long Distance Service Terms are amended as follows:
- A new sentence is added immediately after the first sentence of the Service Terms, as follows:
“The Services may also include the ability to access your telephone line remotely, through mobile applications or the internet.”
- A new sentence is added immediately after the first sentence of subsection 1b), as follows:
“You also agree not to threaten, abuse or harass any TELUS customer representative.”
- A new sentence is added at the end of subsection 1c), as follows:
“If you use the Services through a mobile application or the internet, charges may apply for data usage under your mobility or internet service plan.”