SECTION A: GENERAL TERMS AND CONDITIONS – TELUS Business Connect Services
1. Charges and Payment.
1.1 The Customer is responsible for all charges resulting from any calls or messages or other communications made to or from any telephone, computer or other device using the Services. Until the Agreement is terminated, TELUS shall bill the Customer each month, and the Customer shall pay the charges for the Services as specified in the CSA including all government charges and applicable taxes relating to the Services. Recurring charges for a Service shall be billed monthly upon installation of the Service or any unit of the Service. The billed amount is payable in full, without deduction or set off, by the due date shown on the bill. The Customer shall pay a late payment charge of 3% per month (compounded to 42.58% per year), calculated from the billing date, on any amounts not received by TELUS by the due date shown on the bill. TELUS may change the late payment charge at any time by giving at least 30 days’ advance notice to the Customer.
1.2 TELUS may bill the Customer exclusively by posting the Customer’s invoice on the Internet. If TELUS bills the Customer through Internet posting, the Customer agrees that (a) the Customer shall receive its bill, and applicable late payment charges shall begin to accrue, when TELUS posts the Customer’s bill online at the website specified in the notice, and (b) the Customer waives pre-notification of the amounts and dates of debits from the Customer’s account.
2. Term and Termination.
2.1 The term, as it may apply to each component of the Services, if any, and which is also referred to as the “Commitment Period” in the CSA, is described in the CSA (the “Term”).
2.2 TELUS may suspend the Services or terminate the Agreement effective immediately upon notice to the Customer if the Customer breaches any provision of the Agreement and does not remedy the breach within 10 days after notice of the breach (but no notice period shall be necessary if, in TELUS’ reasonable discretion, immediate termination is necessary to protect the operation or integrity of the Services or TELUS’ network or to prevent violations of applicable laws or regulations), or if the Customer becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors or appoints or has appointed for it a receiver or manager, or ceases to do business as a going concern, or is wound up or dissolved. On termination of the Agreement, the Customer shall pay TELUS the termination charges and the other amounts described on this Agreement. TELUS may suspend or restrict the Services temporarily if TELUS reasonably believes it is desirable or necessary to do so to maintain, restore or repair any part of the networks or any part of the Services or for other business reasons. If the Services are terminated for any reason, including a decision to port a number to another carrier, the Customer shall remain liable for all accrued fees and charges. The SIM is not reusable on termination and must be destroyed.
2.3 The Customer may terminate some or all of the Services or this Agreement at any time by giving at least 30 days’ advance notice to TELUS. If the Customer is a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576:
(a) the Customer may terminate some or all of the Services or this Agreement by giving notice to TELUS, and
(b) termination of a Service shall be effective when TELUS receives the notice or, if the Service requires disconnection and porting to another service provider, upon disconnection.
2.4 Upon termination by Customer in accordance with Clause 2.3, Customer shall pay all termination fees and charges set out in the terms and conditions of this Agreement.
3. Use of the Services.
The Customer shall not: resell the Services; tamper with or change the Services or any TELUS equipment or facilities; abuse the Services or use them in a manner that interferes with any TELUS equipment or facilities, TELUS’ network, or the use of TELUS services by any other person, or in a manner that avoids the payment of any charges or abuse any flat rate or unlimited use service plan offered by TELUS; or use the Services in violation of any applicable law and regulations.
4. Numbers and Property Rights.
Subject to any rights available under applicable laws and regulations, including any right to port a number to another carrier, the Customer does not own or have any property rights in any telephone numbers assigned for use with the Services, or in any TELUS network facilities or equipment. This Agreement does not grant to the Customer any ownership, intellectual property or other rights or licenses in or to any Service Components and does not grant to TELUS any ownership, intellectual property, or other rights or licenses in or to any property of the Customer, unless stated elsewhere in this Agreement. In this Agreement, the “ Service Components” are the facilities, equipment, software, systems, processes, and documentation used by TELUS to provide the Services.
5. No Warranties.
TELUS does not guarantee error-free or uninterrupted operation of the Services, and provides the Services on an “ as is” and “as available” basis. Warranties, representations, and conditions do not apply to the Services and are excluded, to the extent permitted by law. Additional restrictions on or limitations of the Services are set out in this Section (which follows below) and TELUS’ Tariffs.
The Customer shall indemnify and hold harmless TELUS, Authorized Service Providers and their respective Affiliates, officers, directors, managers, and employees (each, an “ Indemnified Party”) for all damages, expenses (including reasonable attorneys’ fees), losses, claims or judgments sustained by or made against an Indemnified Party in connection with (a) the Customer's use or misuse of the Services (or such use or misuse by a third party acting with the Customer’s permission, knowledge, authority, or direction (an “Acting Third Party”)), (b) any Customer equipment used with the Services; (c) a breach of the Agreement by the Customer or its Acting Third Party; (d) any violation of law or regulation by the Customer or its Acting Third Party through their use of the Services; (e) the Customer’s or its Acting Third Party’s misappropriation, violation, or infringement of any right, title, or interest of any third party’s intellectual property rights; or (f) any negligent, reckless, or willful acts or omissions by the Customer or its Acting Third Party.
7. Limitation of Liability.
7.1 In this Agreement, “Third Party Liabilities” means all loss and liability incurred by TELUS resulting from any claim made against TELUS in connection with the Customer’s equipment, software, data or services, or in connection with any access or use of the Services by the Customer or any other person, including use that breaches this Agreement, through the Customer’s equipment, software or services or using any Customer credentials or permissions necessary to access or use the Services, even if the person or the use is not authorized by the Customer.
7.2 Neither party or its Affiliates shall be liable to the other party for loss of profits or business, failure to realize expected savings, loss of or damage to data, loss of goodwill or reputation, or any consequential or indirect damages, arising from or relating to the Services or this Agreement. This exclusion applies even if the party could reasonably foresee or has been advised of the possibility of such losses, failure, or damages. This exclusion does not apply to a party’s responsibility for Third Party Liabilities or obligations to pay liquidated damages.
7.3 TELUS’ entire liability to the Customer arising from or relating to:
(a) a Service is limited to an amount equal to the total charges paid by the Customer for the Service during the one-year period immediately preceding the first event that resulted in any claim by the Customer against TELUS for that Service, and
(b) this Agreement or all of the Services is limited to an amount equal to the total charges paid by the Customer under this Agreement during the one-year period immediately preceding the first event that resulted in any claim by the Customer against TELUS arising from or relating to a Service or this Agreement.
7.4 These limits on liability apply to all claims in aggregate made against TELUS and its Affiliates arising from or relating to this Agreement or the Services.
7.5 These exclusions and limits on liability apply whether the claims are made in contract, tort (including negligence), statute, or otherwise.
7.6 Subsections A.1, and A.2 contain additional limitations on liability.
8.1 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 judgment of TELUS is seeking the information as an agent of the Customer; another telecommunications company, provided the information is required for the establishment of, or the efficient and cost-effective provision of, telecommunications services 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 used 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; a public authority or an 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 an 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 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 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 CRTC, the identity of the service provider, the Customer name and service address associated with an specific telephone number.
8.2 The Customer hereby consents to the publication of the mobility numbers assigned to the Customer’s account, and presentation of caller ID as well as the disclosure of and sharing by TELUS, its Affiliates and their agents of information that they have about the Customer in order to assess the Customer’s creditworthiness and to market or provide products and services of TELUS, its Affiliates and third parties who provide products and services in association with TELUS and its Affiliates. If the Customer is an individual person, the Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment published at http://www.telus.com/privacy/privacy.html. The TELUS Privacy Commitment may be updated from time to time.
8.3 The Customer may inspect any TELUS records related to the provision of the Services to the Customer, provided that the Customer pays TELUS' related extraordinary costs. The Customer may request that its name and address not be included on any list provided to any other person or used by TELUS. TELUS may share the Customer’s personal information on a confidential basis with third party service providers. The Customer acknowledges that if any such service provider is located in the U.S. or other foreign country, the Customer’s personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. For the avoidance of doubt, during roaming outside Canada the storage, treatment and transfer of the Customer’s personal information and data may be subject to regulations different from regulations in Canada. The Customer agrees to provide TELUS with the Customer’s current e-mail address (and to inform TELUS if that e-mail address changes) to enable TELUS to provide the Customer with tools and services to manage the Customer’s TELUS account and to ensure that TELUS can communicate with the Customer about account related items on a timely basis.
9.1 TELUS and the Customer shall use mediation and arbitration, as set out below, to resolve disputes as between themselves arising from or relating to the Services or this Agreement, whether the dispute is based in contract, tort (including negligence), statute, or otherwise.
9.2 If the business representatives of the parties hereto have not been able to resolve any such dispute, in order to proceed with the dispute resolution process, a party must submit the dispute to private and confidential mediation before a single mediator. If mediation does not assist in resolving the dispute, in order to proceed with the dispute, a party must then submit the dispute to private and confidential arbitration before a single arbitrator. The mediator and the arbitration shall not be the same individual.
9.3 The above mediation and arbitration shall take place in the city and Province in the Customer’s billing address in the CSA under the Rules of the ADR Institute of Canada, including its Rules as to initiation and submission of a dispute to mediation and arbitration, appointment of the mediator and any arbitrator, and responsibility for the fees and expenses arising from or relating to mediation and arbitration.
9.4 An arbitration decision shall be final and binding on the parties, and the parties shall have no rights of appeal. Either party may enforce the decision may be enforced via court proceedings.
9.5 This Clause 9 does not apply to TELUS or its agents in respect of their attempts to collect any monies owing to TELUS in relation to the Services or otherwise under this Agreement, or an injunction application by TELUS, except that in the case of an injunction application, the parties shall use mediation and arbitration to resolve the dispute that led to the injunction application. The Customer waives any right it may have to start or participate in, and agrees to opt out of, any class action against TELUS arising from or relating to the Services or this Agreement. Nothing in this Clause 9 restricts or intends to restrict the rights or powers of any administrative authority with jurisdiction over TELUS or the Services.
TELUS has the right to amend this Agreement and any terms and conditions contained herein at any time. However, TELUS shall use commercially reasonable efforts to notify the Customer, by e-mail or other means, of any such amendments before such amendments become effective. Each time the Customer uses the Services reaffirms the Customer’s acceptance of the then-current version of the Agreement. If the Customer does not agree to any amendment to the Agreement, the Customer must immediately cease any use of the Services and notify TELUS of termination in accordance with the Agreement.
11.1 Interpretation. The headings in this Agreement do not affect the interpretation of any provision of this Agreement. The words “including” and “includes” mean “including without limitation” and “includes without limitation”. An “Affiliate” means any entity controlling, controlled by or under common control with, a party, where “control” means the ownership of at least 50% of the equity or beneficial interest of the party or that entity or the right to vote for or appoint a majority of the board of directors or other governing body of the party or that entity.
11.2 TELUS. “TELUS” means each TELUS Affiliate that provides a Service. As it relates to each Service, this Agreement is deemed to be solely between the Customer and the TELUS Affiliate specified as the Service provider in the CSA, with the TELUS representative having signed this Agreement on behalf of each such TELUS Affiliate.
11.3 Assignment. The Customer shall not assign all or any part of this Agreement or all or any of its rights or obligations under this Agreement without the prior written consent of TELUS. TELUS may withhold its consent to a proposed assignment by the Customer to a person who is in the business of providing information, communications, or technology products or services, including telecommunications or telecommunications-related products or services. TELUS may assign or subcontract all or any part of this Agreement or all or any of its rights or obligations under this Agreement without notice to or consent of the Customer.
11.4 Relationship. This Agreement does not create or imply any agency, partnership, or other joint relationship between the parties, and does not authorize either party to bind or obligate the other in any way.
11.5 Force Majeure. TELUS is not responsible for the performance of, or in default of, any obligation or provision of this Agreement if delayed, hindered or prevented by labour disruptions, failure of the networks of other companies, casualties, civil disturbances, law, order of a court or other lawful authority, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters, or other catastrophes or events beyond TELUS’ reasonable control.
11.6 Severability. If any provision of this Agreement is void, prohibited, or unenforceable, this Agreement is to be construed as if that provision had never been part of this Agreement.
11.7 No Waiver. The failure of the Customer or TELUS to exercise any right under this Agreement, or to insist upon strict or full performance of the obligations under this Agreement, does not constitute a waiver or relinquishment of any provision of this Agreement. To bind a party, any such waiver must be express and in writing signed by that party. The rights of the parties under this Agreement are cumulative and not alternative.
11.8 Survival. Provisions of this Agreement that expressly or by their nature extend beyond the termination of this Agreement survive any termination of this Agreement.
11.9 Law. If any provision of this Agreement is prohibited by or contravenes any CRTC order or decision, that provision applies only to the extent permitted by the order or decision. TELUS and the Customer shall comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement is subject to and is to be interpreted in accordance with the federal law of Canada and the laws of the Province in the Customer’s billing address in the CSA, without regard to that Province’s choice of law rules. Venue and jurisdiction shall be in that Province.
11.10 Notices. To be effective, notices to the Customer under this Agreement and notices of and requests for mediation and arbitration to either the Customer or TELUS must be given in writing to the other party’s notice address, by commercial courier with proof of delivery, fax, personal delivery, or registered mail. The Customer’s notice address and fax number are its billing address and fax number in the CSA. TELUS’ notice address and fax number for any notice of or request for mediation or arbitration are 510 W Georgia Street, Floor 7, Vancouver, B.C. V6B 0M3, (604) 439-1261. Notices and requests delivered personally or by commercial courier or fax shall be deemed to have been received on the day of delivery. Notices and requests sent by registered mail shall be deemed to have been received four days (excluding Saturdays, Sundays, and statutory holidays) after the date of mailing. Notices to TELUS under this Agreement, other than any notice of or request for mediation or arbitration, must be given by telephone to the TELUS number shown on the last bill sent to the Customer before the date of notice.
11.11 Entire Agreement. Any terms and conditions in a purchase order or other similar document issued by the Customer in relation to any Services that are different from or in addition to those in this Agreement do not bind and are rejected by TELUS. This Agreement forms the entire agreement between the parties, and supersedes all written and oral communications and agreements between the parties concerning the Services made before this Agreement came into effect. Changes to this Agreement must be agreed to in writing and signed by both parties to be effective, except as stated elsewhere in this Agreement.
SUBSECTION A.1 SERVICE TERMS AND CONDITIONS – TELUS BUSINESS CONNECT SERVICES
The Service Terms and Conditions in this subsection apply to all TELUS Business Connect Services specified in this Agreement, including any web pages or web sites used in connection therewith. Any capitalized words and expressions that are not defined in these Service Terms and Conditions have the meaning set out for such words and expressions elsewhere in the Agreement. TELUS may use Authorized Service Providers to provide all or part of the Service under this subsection A.1.
1. Service Description.
1.1 TELUS Business Connect’s Mobile Edition provides the Customer with voice services as set out below:
(a) TELUS Business Connect Mobile Edition Primary User consists of the following Service:
1 main Business number (local);
Toll Free number;
Unlimited Canada/U.S. long distance calling;
Directory listing; (BC and Alberta only);
a Mobile Application (as defined in Subsection A.1.1 below); and
short message service (
(b) TELUS Business Connect Mobile Edition Office User consists of the following Service:
1 main Business number (local); and
Unlimited Canada/U.S. long distance calling; and
1.2 TELUS Business Connect’s Basic Edition provides the Customer with voice services as set out below:
(a) TELUS Business Connect Basic Edition Primary User consists of the following Service:
1 main Business number (local);
Toll Free number;
1 Fax number;
Unlimited Canada/U.S. long distance calling;
Directory listing; (BC and Alberta only);
(b) TELUS Business Connect Basic Edition Office User consists of the following Service:
1 main Business number (local); and
Unlimited Canada/U.S. long distance calling
1.3 TELUS Business Connect’s Enhanced, Complete and Complete Plus editions provide the Customer with voice, data and wireless services as set out below:
(a) TELUS Business Connect with Unmanaged High Speed Internet consists of the following Services:
1 main business number (local);
1 Fax number;
Unlimited Canada/U.S. long distance calling;
Mobile Application; and
Data (if purchased):
1 Wireless Unmanaged High Speed Internet back-up (SmartHub) – 1 GB non shared data.
Additional Users may be added to TELUS Business Connect.
(c) TELUS Business Connect Office User consists of the following Service:
1 main Business number (local);
1 Fax number;
Unlimited Canada/U.S. long distance calling; and
The following optional add-ons and tools may be added to the TELUS Business Connect:
Internet and VoIP Add-ons:
Static IP (Western regions);
Additional HSIA (Western regions);
Vanity Toll Free; and
TELUS Business Connect Rooms
1.4 The specific TELUS Business Connect Services selected by the Customer and provided to the Customer pursuant to this Agreement (each of which is referred to in this Subsection A.1 and A.1.1 as a “Service”), details associated with those Services, and the charges for those Services are specified in the CSA and elsewhere in this Agreement. The parties may make changes to the Services at any time by entering into an amendment to this Agreement.
SUBSECTION A.1.1 VoIP Services
The Service Terms and Conditions in this Subsection are applicable to the VoIP Services specified in the CSA and govern all use of the VoIP Services, including any web pages or web sites in connection therewith. The VoIP Services apply to all editions of TELUS Business Connect and include phone services through an IP telephone, a soft phone and/or the Mobile Application.
The following sections of this Subsection A.1.1 do not apply to TELUS Business Connect’s Mobile Edition:
Section 3 (Service Demarcation);
Section 4 (Internet Protocol Telephony Readiness Assessment);
Section 13 (Equipment Return Policy); and
Section 15 (Call Recordings).
1. Service Description.
1.1 VoIP Services are voice communication services provided over Internet Protocol (“VoIP”) by connecting an IP telephony device or application running on a personal computer to the Internet (for example, through the Customer’s local area network (“LAN”)) or by using an application running on the Customer’s mobile device with Internet access (the “Mobile Application”) up to the public switched telephone network (“PSTN”), using one of the following connectivities: (a) through TELUS IP-Networks connectivity; (b) through the Internet; or (c) in conjunction with existing TELUS Business Centrex and individual business line services. The VoIP Services include the use of a self-management web portal that allows for the management of certain aspects of the telephony solution by the Customer (the “Voice Manager” portal).
1.2 The VoIP Services are not guaranteed to be compatible with IP telephony devices or applications that are not expressly certified by TELUS.
1.3 The grants the Customer a non-exclusive, non-transferable, revocable license and right to use each VoIP Phone line provided in connection with the VoIP Services exclusively with one individual user under the Customer’s account, subject to all the other terms of this Agreement. Accordingly, if the Customer wants to allow multiple users to use the VoIP Service, the Customer shall need to purchase at least one VoIP Phone line for each user.
1.4 The Customer shall only use devices that are compatible with the VoIP Services. The Customer’s devices and the software that the Customer uses in conjunction with the VoIP Services may have to meet certain TELUS standards and be maintained in certain ways and/or in certain locations in order to access the VoIP Services or for the proper operation of the VoIP Services. Such standards may change from time to time in TELUS’ sole discretion. Unless otherwise advised by TELUS, the Customer is solely responsible for updating and maintaining the Customer’s devices and any software the Customer uses in conjunction with VoIP Services as necessary to meet TELUS’ standards.
2. Service Registration Procedures.
Upon signing up for the VoIP Services and at subsequent times as requested by TELUS, the Customer agrees to provide to TELUS with its true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the addresses where the VoIP Services shall primarily be used, 911 registered address for each VoIP Phone line, e-mail address, contact phone number, credit card information, and other data which may be necessary to administer its VoIP Services profile (collectively, “ Registration Data”). The Customer represents and warrants that the Registration Data it provides is accurate, current, and complete, and agrees to promptly update any of the Registration Data if it changes. If the Customer provides Registration Data that is, or that TELUS suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, TELUS has the right, in its sole discretion, to immediately suspend or terminate the VoIP Services and refuse any and all current or future use of all VoIP Services by the Customer.
3. Service Demarcation.
For VoIP Services accessed through TELUS IP networks connectivity, the VoIP Services point of demarcation is the IP-Networks customer interface unit (“ CIU”). For VoIP Services accessed through the Internet, the point of demarcation is at the interconnection between the TELUS network and the public Internet. For VoIP Services used in conjunction with existing TELUS Business Centrex and individual business line services, the points of demarcation are the interconnection between the TELUS network and the public Internet and the interconnection between the TELUS network and the PSTN.
4. Internet Protocol Telephony Readiness Assessment.
An IP telephony readiness assessment, conducted by TELUS on a time and material basis, is strongly recommended prior to TELUS’ provisioning VoIP Services. The IP telephony readiness assessment determines whether the applicable portion of the Customer’s network is capable of supporting the minimum requirements for the provision of VoIP Services. Any costs associated with upgrading the Customer’s network infrastructure, connectivity or related charges resulting from such assessment are the sole responsibility of the Customer.
5. Moves, Adds and Changes.
5.1 The Customer may, from time to time, order additional VoIP Phone lines, VoIP Phone optional services, or request moves, adds and changes (collectively “MAC”) in respect of VoIP Services by contacting TELUS.
5.2 The Customer may also perform self-service activities on the Voice Manager portal, including maintaining user passwords and PINs and telephone assignment.
5.3 All new services and changes to existing VoIP Services having an impact on the Agreement implemented by way of a MAC shall be governed by the terms and conditions of this Agreement as it relates to VoIP Services. The Customer acknowledges and agrees that certain MACs may necessitate changes by the Customer to its network and connectivity and those changes may impact the delivery interval.
6. Customer Responsibilities.
6.1 VoIP Services do not include any connectivities to access the VoIP Services. The Customer must supply, or contract separately with TELUS to obtain, appropriate connectivities, as well as for the telephony device or application necessary to use TELUS VoIP Services. VoIP Services do not include any specific guarantee of Quality of Service (“QoS”). When VoIP Services are provided through TELUS IP-Networks connectivity, the Customer must request by separate agreement that such TELUS IP-Network connectivity is configured with options and configuration to support VoIP Services in order to have QoS on the VoIP Services. The Customer further acknowledges that the VoIP Services shall not ensure any level of QoS when the Customer accesses the VoIP Services on another network (e.g., through another Internet connection or a cellular network). The Customer shall ensure that its network and connectivity meet the minimum requirements for VoIP Services given their service usage levels. The Customer acknowledges and agrees that failure to ensure that its network and connectivity continue to meet the minimum requirements for VoIP Services may impact the quality of VoIP Services.
6.2 When VoIP Services are provided through TELUS IP-Network connectivity, the Customer shall be responsible for obtaining, at its own expense, all access rights, authorizations or consents from third parties required to enable TELUS to install and maintain the Services at Customer site, which is at the Service Address indicated in the pricing section of the CSA. The Customer must grant TELUS safe and timely access to its premises in order to allow TELUS to perform the Services.
6.3 The Customer shall, at its cost, prepare the Customer site for the installation of VoIP Services in accordance with TELUS’ reasonable instructions. This includes upgrading any Customer network infrastructure components in response to any TELUS specified concerns in the IP telephony readiness assessment and providing all equipment, software and services on the Customer’s side of the point of demarcation necessary for use or used in conjunction with VoIP Services. The Customer is responsible for any additional installation costs incurred by TELUS as a result of the Customer’s failure to comply with such instructions. Changes in the environment or location of any Service Components at the Customer site shall require the prior written consent of TELUS.
6.4 When VoIP Services are provided through TELUS IP-Network connectivity, the Customer must maintain a router to host certain static routes relevant to the VoIP Services.
6.5 For each Service assigned, TELUS shall provide the Customer with Voice Manager portal access and the Customer may configure user IDs and passwords. Certain activities must be performed by TELUS and shall not be available on the Voice Manager portal and may be subject to additional charges.
6.6 The Customer shall:
(a) maintain the security of its user IDs, passwords, PINs, security questions and answers, and similar security safeguards of the VoIP Services;
(b) be responsible for the actions of any party using the VoIP Services or the user IDs and passwords assigned to the Customer, including the use of the Voice Manager portal, whether such actions are authorized or unauthorized; and
(c) immediately notify TELUS of any unauthorized use of the Customer’s account or of any other breach of security, and shall provide reasonable assistance to TELUS, as requested, to stop or remedy any breach of security.
6.7 In no event shall TELUS or any Authorized Service Provider or their respective Affiliates be liable for any unauthorized use of the Customer’s account.
6.8 The Customer shall designate a representative as the Customer’s administrator. The administrator shall be authorized to provide TELUS with instructions, orders, authorizations and other directions, on behalf of the Customer, as detailed in these Service Terms. The administrator shall be TELUS’ point of contact for all notices and communications to the Customer relating to VoIP Services.
7. Customer Representations and Warranties.
The Customer represents and warrants that:
(a) Customer has access to, and shall maintain access to at all times, wireless or traditional wireline telephone service that shall enable it to call 911 and any other applicable emergency service number;
(b) Customer shall not use, and shall ensure its users do not use, the VoIP Services in environments requiring fail-safe performance or in which the failure of the VoIP Services could lead to death, personal injury, or severe physical or environment damage;
(c) the Registration Data, user name, contact information, location information, and all other information provided in connection with its account are true and correct at all times; and
(d) Customershall not use, and shall ensure its users do not use, the VoIP Services in violation of the Use Policy herein or applicable law and regulations.
8. Transfer Authorization.
By entering into these Service Terms, the Customer authorizes TELUS to make the necessary modification with its former carrier to transfer the local phone numbers specified in the Agreement. Customer also authorizes TELUS to have its former carrier transfer or disconnect these phone numbers. The transfer of the local phone numbers can cause a temporary interruption of the Services. The Customer shall sign any authorizations required by other companies in order for TELUS to provide the Services.
9. Restrictions and Service Limitations.
9.1 VoIP Services shall be reserved strictly for the Customer's internal use. Customer's internal use may include the use of the VoIP Services by the Customer’s Affiliates, provided that the Customer remains solely responsible towards TELUS for the use and payment of the charges for all Services provided to such Affiliates. These activities may be subject to obligations imposed by the Canadian Radio-television and Telecommunications Commission (“CRTC”) from time to time.
9.2 VoIP Services are intended for general business use of the Customer only. They are not designed, manufactured, intended, or recommended for use or resale as equipment or services in environments requiring fail-safe performance (e.g. emergency medical care, hazardous activities) or in which the failure of the Services could lead to death, personal injury, or severe physical or environmental damage. TELUS specifically disclaims any express or implied warranty of fitness for high risk activities or services.
9.3 In addition, the VoIP Services are not intended for use as a repository or means by which to store information that falls within the definition of “personal health information” (“PHI”), as defined under the Personal Health Information Protection Act, 2004 (Ontario) (“PHIPA”) on a non-temporary basis, and TELUS specifically disclaims any express or implied warranty of fitness for use of the software applications or Service for such purpose. Furthermore, the VoIP Services are not intended for use by any entity that falls within the definition of “health information custodian” or “agent” under PHIPA, or is otherwise subject to PHIPA (a “PHIPA-covered entity”) as a means by which to transmit, receive, or store PHI. TELUS specifically disclaims any express or implied warranty of fitness for use of the software applications or VoIP Services by a PHIPA-covered entity to transmit, receive, or store PHI.
9.4 The Customer shall not use VoIP Services to bypass toll charges, usage based service charges (e.g., 1-900 and 411 charges) or other long distance charges. Except where expressly identified as being included with VoIP Service, toll charges, usage-based service charges, and other long distance charges are the responsibility of the Customer and are payable in addition to the charges for VoIP Services.
9.5 Other than 911 and 411 as specified in this Agreement, the availability of other N11 calling (e.g. 311, 511 and other N11 calling) varies by location and the VoIP Services may not support other N11 calling.
9.6 In providing VoIP Services and the Mobile Application, TELUS makes no representations or warranties with respect to (a) the availability or security of the Customer’s network connected to the Internet or any computers, software, hardware, devices, networks, or components under Customer’s possession, custody or control other than those provided in connection with the VoIP Services; or (b) any third party wireless network or services used by the Customer (collectively, “Customer Components”). The Customer acknowledges and agrees that it is solely responsible for the availability and security of its network that is connected to the Internet or Customer Components. When VoIP Services and the Mobile Application are provided through the Internet or through use of Customer Components, the Customer acknowledges and agrees that the performance of the VoIP Services and the Mobile Application may vary based on the quality on the Internet connectivity, including any cellular network used by the Customer to access the Internet, or the use of any Customer Components.
9.7 Where TELUS has assisted in problem determination and TELUS has determined that a service outage or other problem was not caused by TELUS, TELUS may bill the Customer for such assistance. TELUS shall provide the Customer with reasonable problem determination assistance before any such assistance becomes billable. TELUS shall advise the Service administrator that there may be billable charges prior to beginning any billable work.
10. Use Policies.
10.1 The restrictions set forth in this Clause 10 constitute the “Use Policy”. TELUS reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
10.2 The Customer shall not, and shall ensure its users do not, use the VoIP Services for any illegal, fraudulent, improper, or abusive purpose or in any way that: (a) interferes with TELUS’ or its Authorized Service Providers’ ability to provide high quality VoIP Services to other customers, (b) prevents or restricts other customers from using the VoIP Services, or (c) damages any TELUS’, its Authorized Service Providers’, or other customers' property or TELUS’ network. If TELUS finds that the Customer or its users are using the VoIP Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, TELUS may, at its sole discretion, immediately terminate the VoIP Services and charge the Customer any applicable fees for the VoIP Services used plus damages caused by the Customer’s improper use as well as applicable termination charges specified in this Agreement.
10.3 In addition, the Customer shall comply, and shall ensure its users comply, with TELUS’ Acceptable Use Policy and IP address policy, published at www.telus.com/aup (“AUP”). TELUS may, in its sole discretion, change the AUP at any time, and publishing the revised AUP at www.telus.com shall be sufficient notice of the changes to the Customer.
10.4 Prohibited uses include:
(a) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy.
(b) Sending unsolicited messages or advertisements, including e-mail, voice-mail, SMS, or faxes (commercial or otherwise) (“ spamming”), or otherwise sending bulk or junk e-mail, voice mail, SMS, or faxes.
(c) Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.
(d) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
(e) Creating a false caller ID (“ ID spoofing”) or forged e-mail/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the VoIP Services
(f) Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
(g) Violating any Canadian or foreign law regarding the transmission of technical data or software exported through the VoIP Services.
(h) Utilizing the VoIP Services in excess of what, in TELUS’ sole discretion, would be expected of normal business use, including, without limitation, allowing more than one user to use a single VoIP Services connection (such as an IP telephone line) or using a single VoIP Services connection in excess of what would be expected of a single user.
(i) Using the VoIP Services in any way that interferes with other customers' and third parties' use and enjoyment of the VoIP Services or use of the VoIP Services in any manner which disrupts, prevents or restricts any other customer from using the VoIP Services.
(j) Using or employing methods or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
(k) Using the VoIP Services to store PHI on a non-temporary basis.
(l) (If the Customer is a Healthcare Information Law Covered Entity) using the applications or Services to transmit, receive, or store PHI.
10.5 The Customer further understands and agrees that:
(a) It shall be solely liable for any transmissions sent and data stored through the VoIP Services under its account, including the content of any transmission sent and data stored through the VoIP Services under its account.
(b) It shall abide by all applicable TELUS’ policies, procedures, and agreements related to the VoIP Services.
(c) It shall not attempt to gain unauthorized access to the VoIP Services, other accounts, computer systems or networks connected to the VoIP Services, through password mining or any other means.
(d) Its use of the VoIP Services is subject to all applicable local, provincial, national, and international laws and regulations (including those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising), and Customer shall comply with all such laws and regulations.
10.6 In addition, some of TELUS’ plans and other services are offered on an “unlimited” basis. All unlimited plans:
(a) May only be used for normal business use.
(b) Are provided only for dialog between two individuals at one time per line.
(c) Exclude international calling, which is available for an additional fee.
(d) Are issued on a “ one (1) user per line basis,” meaning that only one registered user may be assigned to use the VoIP Services for any one line.
10.7 Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all VoIP Services):
(a) Trunking or forwarding the Customer’s VoIP Services number(s) to another phone number capable of handling multiple simultaneous calls or to a private branch exchange (PBX) or a key system.
(b) Spamming or blasting (e.g., sending one hundred (100) or more bulk or junk voice-mail or faxes simultaneously).
(c) Bulk call-in lines (e.g., customer support or sales call centers, “ hotlines,” 900 numbers, sports-line numbers, etc.).
(d) Auto-dialing or “ predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
10.8 In addition, unusually high usage of the VoIP Services may impair TELUS’ or its suppliers’ ability to provide high quality VoIP Services to others or indicate unauthorized use of the VoIP Services, in which case TELUS may immediately suspend or terminate the VoIP Services or the Customer’s account or, upon prior notice, convert the VoIP Services to a metered calling plan that charges significantly higher usage rates.
11. 911 Calls.
In these Service Terms and Conditions:
(a) “ Automatic Location Identification” or “ALI” functionality ensures that a 9-1-1 caller’s name, telephone number (listed or unlisted), address, type of service and other pertinent information is downloaded from an incumbent local exchange carrier’s (“ILEC”) database and automatically transferred to the PSAP along with each incoming 911 call.
(b) “ Automatic Number Identification” or “ANI” functionally ensures that a 911 caller’s telephone number (listed or unlisted) is automatically transferred to the PSAP along with each incoming 911 call.
(c) “ Basic 911 service” refers to the routing of 911 calls to a designated PSAP for connection by a PSAP agent to the required emergency services agency. Basic 911 service:
(i) may provide the PSAP with the caller’s telephone number,
(ii) does not provide the PSAP with the caller’s location information, and
(iii) is effective only if the caller communicates his/her location to the PSAP.
(d) “ Enhanced 911 service” or “E911 service” refers to the capabilities provided by Basic 911 service and additional features and capabilities (when available) including Automatic Number Identification, Automatic Location Identification and call control features, which usually include called party hold, ringback calling party, and disconnect signal.
(e) “ Public Safety Answering Point” or “PSAP” refers to a specialized emergency call answer centre for all 911 calls within a specific geographic area.
(a) In order to avoid the effect of certain limitations of VoIP Services, the Customer acknowledges and agrees that it is responsible for, and has been advised by TELUS to implement, at the Customer’s cost, emergency backup systems which may include analog backup telephone lines, cellular telephones, and a universal power supply (UPS) system, and training to ensure that end users are aware of alternate public switched telephone network access is available in the event of a failure of a call to, or inability to call, 911 using VoIP Services.
(b) For VoIP Service provided through IP telephones, the Customer acknowledges and agrees that the functionality of 911 services is dependent on the IP telephone on the Customer side of the point of service demarcation remaining, both physically and logically, in the location where it was initially installed. If the IP telephone is physically or logically moved, the Customer shall notify TELUS of the move and provide TELUS with the details of the new location.
(c) Calls to 911 originated from the web portal are supported but not recommended as the location information associated with a call to 911 shall be the location of IP telephone the remote extension is associated with.
11.3 911 Charges.
(a) In the municipalities in which 911 services is available, 911 taxes can apply and shall be added to the unit price for each unit of Service.
(b) In additional to any municipal taxes, TELUS shall charge to the Customer the 911 Network Access Fee imposed by incumbent voice service provided responsible to maintain access to 911 facilities, as described in the applicable tariff of such voice service provider.
11.4 Calls to 911.
(a) Through the Mobile Application:
(i) The Mobile Application transfers calls to 911 to the mobile device’s native dialer whenever possible. The 911 service provided by the mobile service provider for the mobile device will be used if it is available.
(ii) When native mobile voice service is not available (or not supported, for example, on tablets), but Wi-Fi or mobile wireless data is available, the Mobile Application will follow the process outlined below.
(b) Through IP Telephones, Softphones or the Mobile Application on Wi-Fi:
(i) The VoIP Services’ 911 service has certain limitations relative to Enhanced 911 service that is available with traditional telephone service.
(i) Unlike Enhanced 911 service, when a call is made to the 3-digit emergency telephone number 911 using the VoIP Services, the caller’s physical location must be verbally provided in order to connect the caller to the correct PSAP.
(iii) When a call is made to 911 using VoIP Services, TELUS routes the call to a TELUS operator. The TELUS operator attempts to confirm the physical location of the caller. In order to connect the caller with the correct PSAP, the caller must provide the caller’s physical location to the TELUS operator.
(iv) Once the caller provides the TELUS operator with the physical location, the TELUS operator connects the caller to the appropriate PSAP. The caller must provide the PSAP with the calling telephone number and physical location in order for the PSAP to dispatch any required emergency services to the correct physical location. The caller shall stay on the line with the TELUS operator and the PSAP unless otherwise instructed.
11.5 Non-availability of VoIP Services.
The Customer acknowledges and agrees that calls to 911 using VoIP Services shall not function in certain instances.
(a) If there is a power failure or disruption:
(i) the VoIP Services, including the ability to call 911, shall not operate until power is restored, and
(ii) prior to utilizing VoIP Services, the Service Components or Customer facilities or equipment utilized in conjunction with VoIP Services may have to be reset.
(b) VoIP Services outages or termination or suspension of VoIP Services by TELUS shall prevent use of VoIP Services, including the ability to call 911.
(c) Telecommunications service outages including broadband network outages may prevent use of VoIP Services, including the ability to call 911.
(d) Internet voice application outages, including personal computer application failures, and Internet web portal application congestion or choking may prevent use of VoIP Services, including the ability to call 911.
(e) If the call to 911 is made from outside Canada, the caller should utilize a telephone which connects the caller to local services. The TELUS operator is unable to connect a call to 911 from outside Canada to emergency services in an international location.
11.6 Network Congestion.
The Customer acknowledges and agrees that:
(a) there is a greater possibility of network congestion or reduced speed in the routing of a call to 911 using VoIP Services as compared to dialing 911 over traditional public switched telephone networks, and
(b) as a result, calls to 911 may take longer to reach PSAPs or local emergency services providers than in the case of calls to 911 over traditional public switched telephone networks.
11.7 Customer Acknowledgement.
The Customer acknowledges and agrees that it has been advised by TELUS that making calls to the 3-digit emergency telephone number 911 using VoIP Services may differ from calling 911 over traditional public switched telephone networks. The Customer acknowledges that it has read and understands and agrees to the terms and conditions in this Clause 11 regarding calls to 911 using VoIP Services.
11.8 Customer to Inform Users.
The Customer shall inform all employees and other third parties who may be present at the physical locations where VoIP Services are utilized of the differences and limitations of 911 dialing using VoIP Services as compared with 911 dialing over traditional public switched telephone networks.
11.9 Liability and Indemnification.
(a) Neither TELUS, nor its Affiliates, nor their respective officers or employees may be held liable for any claim, damage, or loss, and the Customer waives any and all such claims or causes of action, arising from or relating to any Service outage or inability to call 911 using VoIP Services or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of TELUS.
(b) Notwithstanding any other provisions in this Agreement as it relates to VoIP Services, the Customer shall:
(i) indemnify and hold harmless TELUS, its Affiliates, and their respective directors, officers, employees and agents from and against any and all manner of liabilities, awards, claims, demands, suits, proceedings, actions, causes of actions or other claims which may be brought or made against TELUS or such persons, or which TELUS or such persons may become subject to; and
(ii) be liable to TELUS, its Affiliates, and their respective directors, officers, employees and agents for any and all losses, costs, charges, damages and expenses whatsoever (and without limiting the generality of the foregoing, any direct losses, costs, damages and expenses of TELUS or such persons, including costs as between a solicitor and his own client) which TELUS or such persons may sustain, pay or incur as a result of, arising out of, or in connection with:
(1) the absence, failure or outage of VoIP Services, including 911 dialing, caused by the Customer or any third party;
(2) the inability of the Customer or any user of VoIP Services to dial 911 or to access emergency service personnel;
(3) the absence, failure or outage of Internet voice applications, including 911 dialing, caused by the Customer or any third party;
(4) any misroutes of 911 calls including the Customer’s or users of VoIP Services failure to follow correct procedures for 911 calling or the provision to TELUS or the PSAP of incorrect information in connection therewith;
(5) the accuracy and content of location information and telephone numbers delivered by the Customer or any user of VoIP Services to TELUS;
(6) any failure by TELUS to carry out its obligations in this Agreement as a result of the Customer’s or users of VoIP Services failure to provide accurate location information and Customer telephone numbers to TELUS;
(7) any failure by TELUS to maintain the accuracy of such location information and Customer telephone numbers beyond the actual content of the location information or telephone numbers as received by TELUS from the Customer or any user of VoIP Services;
(8) any acts or omissions of the Customer in connection with the presence, use, or operation of any facilities or equipment of the Customer in conjunction with the VoIP Services;
(9) any disruption in VoIP Services as a result of, arising out of, or in connection with the presence, use or operation of any facilities or equipment of the Customer;
(10) any act or omission of the Customer in the furnishing or providing of services by the Customer which utilize VoIP Services ; and
(11) any breach, violation or non-performance of any condition, covenant, obligation, representation or warranty on the part of the Customer pursuant to this Agreement as it relates to VoIP Services, or any act or omission of the Customer in connection with the performance of its obligations under this Agreement.
(a) When facilities of other companies or telecommunications systems are used in establishing connections to or from Customer controlled facilities and equipment, TELUS is not liable for any act, failure, omission or negligence of the other companies or telecommunications systems.
(b) In no event shall TELUS be liable to the Customer or any third party in the event of inadequate utility services, the loss of utility services or failure to provide utility services.
(c) If, despite the foregoing limitations, for any reason TELUS becomes liable to the Customer or a third party arising out of or in any way connected with this Agreement, in no event whatsoever, regardless of the form or cause of action, whether in contract or in tort, or the number of claims asserted, shall the aggregate liability of TELUS to the Customer exceed, on a cumulative basis, the total charges paid by the Customer for VoIP Services during the one-year period preceding the event which gave rise to the claims.
12. Mobile Application.
The use and limitations of the Mobile Application are set forth in the TELUS Mobile Application Terms of Service, which (a) each user must read and accept prior to downloading and using the Mobile Application, and (b) are incorporated herein by reference.
13. Equipment Return Policy.
13.1 A Customer may return an IP phone or other device used in conjunction with the VoIP Services provided that (a) the Customer notifies TELUS of its intention to return such device within 30 days after receipt of such device and (b) TELUS or its designated representative receives the device within 30 days after Customer’s notice to return the device. TELUS may charge a restocking fee for returned devices. The Customer shall be responsible to ship the returned devices via the return material authorization information provided once the Customer has notified TELUS.
13.2 All returned hardware must be fully functional and include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the hardware.
13.3 Before returning any hardware that has data in its memory, the Customer is encouraged to transfer all files it wishes to retain to another file source. Once the hardware is returned, the Customer’s files and data cannot be recovered, and the Customer releases TELUS and its suppliers from any liability for any lost, damaged, or destroyed files, data, or other information.
13.4 IP phones and other devices shall include a one-year warranty starting from the date of purchase by the Customer.
14. Number Portability and Availability.
14.1 TELUS shall use reasonable efforts to facilitate number transfers or port requests for the Customer, provided that the Customer complies with the necessary and specific procedures for porting between service providers.
14.2 The Customer acknowledges and understands that number porting depends on the cooperation of third parties outside of TELUS’ control. Accordingly, the Customer agrees that TELUS and its Authorized Service Providers and their respective Affiliates shall not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
14.3 TELUS works with third party carriers who, on TELUS’ behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. TELUS’ third-party carriers require very specific and detailed information and requirements when completing a port request. Please be informed that TELUS shall be required to provide such detailed and specific information to complete a port request. For porting numbers into the Customers’ account, the Customer must follow the procedures on its account settings page for transferring a number to its account. For porting numbers out of its account, the Customer should follow the procedures of its new service provider. The Customer understands that porting its number out of its account does not automatically terminate its account.
14.4 Number porting is defined and regulated by the CRTC. Visit http://www.crtc.gc.ca to learn more about number porting.
14.5 TELUS cannot guarantee requested telephone numbers shall be available, that the Customer’s existing provider shall port its number, or that circumstances beyond TELUS’ control shall not prevent or delay a successful port of the Customer’s number for the Services. The Customer should not order any printed material, such as business cards or stationary, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until the Customer verifies itself that telephone number is active on its account. Neither TELUS nor its Authorized Service Providers or their respective Affiliates shall be liable for reimbursement for press releases, business cards, stationary, or similar materials under any conditions.
14.6 The Customer understands and agrees that TELUS may from time to time need to change the telephone or facsimile number assigned to the Customer (e.g., due to an area code split). Neither TELUS nor its Authorized Service Providers or any of their respective Affiliates shall be liable for any damages (including consequential, special damages, or other damages) to the Customer in the event that it needs to assign the Customer a new telephone or facsimile number.
15. Call Recordings.
Certain VoIP Services provide a function that allows the Customer to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary due to different circumstances. In some situations, the Customer is required to obtain consent from all parties to record a conversation. The Customer is solely responsible for complying with all federal, provincial, and local laws in any relevant jurisdiction when using this feature. TELUS and its Authorized Service Providers expressly disclaim all liability with respect to the Customer’s recording of telephone conversations. The Customer hereby agrees to fully, finally, and forever release, discharge, hold harmless, and fully indemnify TELUS and its Authorized Service Providers from and against any damages or liabilities of any kind related to the Customer’s recording of any telephone conversations using the VoIP Services.
16. Copyright Infringement.
Materials may be made available via the VoIP Services by third parties not within TELUS’ control. TELUS is under no obligation to review, and does not review, content transmitted, sent, or received using the VoIP Services for purposes of determining copyright infringement. However, TELUS reserves the right to terminate access to its VoIP Services if a user infringes on others' copyrights.
17. Third Party Licenses
TELUS Business Connect is partially powered by software and technology owned, licensed, and hosted by RingCentral Canada Inc. and its affiliates (collectively, “ RingCentral”). For additional TELUS Business Connect service terms, please see Exhibit A.
17.1 The VoIP Services may also be governed by the additional terms of certain software licenses, which are available here:
17.2 The VoIP Services may also be licensed under certain patents, which are available here:
18. The SMS.
18.1 The SMS features shall give the Customer:
(i) the ability to send and receive text messages from 10-digit local or long distance telephone numbers in the United States and Canada; and
(ii) access to SMS content and transaction logs via their TELUS Business Connect Mobile applications.
18.2 TELUS presently uses a third party vendor, RingCentral Canada Inc. (“RingCentral”), to provide SMS capabilities to the Customer. Subject to obtaining TELUS’ consent, RingCentral currently subcontracts, and may in the future subcontract, some or all of its SMS-related obligations to different companies (the “Subcontractors”) that may or may not be legal affiliates of RingCentral.
18.3 TELUS does not collect or store any SMS content and transaction logs, and TELUS does not have any access to or control of such SMS content and transaction logs. SMS content and transaction logs are collected, stored and controlled by RingCentral or one or more of RingCentral’s Subcontractors until such time as RingCentral or its Subcontractor(s) deletes the SMS content and transaction logs pursuant to its record retention and destruction policies.
19.1 In addition to TELUS’ termination rights in Section A (General Terms and Conditions), the Customer understands and agrees that TELUS may immediately at any time, and without additional notice to the Customer, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the VoIP Services or Customer’s entire account if:
(a) TELUS determines that the Customer has created or caused to be created multiple free accounts.
(b) TELUS determines that the Customer has used a fraudulent credit card to pay for VoIP Services charges on its account.
(c) TELUS determines that the Customer has verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives.
(d) The Customer has failed to respond to TELUS’ calls or e-mail attempts to contact the Customer about its account.
(e) TELUS determines that the Customer did not or shall not reasonably comply or cooperate with any applicable laws or regulations.
(f) TELUS or its Authorized Service Providers are ordered by law enforcement or other government agencies to suspend or terminate Service to the Customer’s account.
(g) TELUS determines that such action is necessary to protect, maintain, or improve the VoIP Services; to prevent fraud or misrepresentation by affirmative acts or omissions; to protect TELUS, its suppliers, its customers, or other third parties affiliated with TELUS; or for any other good cause.
19.2 Upon any termination or suspension of the VoIP Services or the Customer’s account, TELUS may immediately deactivate or delete the Customer’s account and all related information and files in the account or restrict any further access to such files, information, or the VoIP Services.
19.3 Neither TELUS nor any Authorized Service Provider or their respective Affiliates shall be liable to the Customer or any third party for any reason for terminating or suspending the Customer’s use or access to the VoIP Services.
20. Warranty Disclaimer.
20.1 TELUS makes no warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any similar warranty, whether said warranty arises under provisions of any law of Canada or any province thereof or any country. TELUS makes no representations or warranties that the VoIP Services are free of rightful claims of any third party for infringement or misappropriation of intellectual property or other proprietary rights (including patent and trade secret rights). The entire risk associated with the use of the VoIP Services shall be borne solely by the Customer.
20.2 TELUS makes no warranty on up-time, response times, latency, mean-time between failures, quality of service, or quality of voice or fax communications. TELUS expressly disclaims any warranty that the VoIP Services are appropriate for high-risk or other activities where failure of the VoIP Services could result in serious harm to persons or property.
20.3 In addition, the VoIP Services are not intended for use as a repository or means by which to store any of the following on a non-temporary basis, and TELUS specifically disclaims any express or implied warranty of fitness for use of the VoIP Services for such purpose: (a) “personal health information,” as defined under PHIPA, (b) “personal information,” “personal health information,” “health information,” or equivalent terms as defined under applicable privacy laws of Canada or any province thereof, or (c) any other category of information regulated by any healthcare, data privacy, or data security law, regulation, or code of Canada or any other country, state, province, or political subdivision (collectively for the purposes of this Clause, “PHI”). Furthermore, the VoIP Services are not intended for use by any entity that falls within the definition of “health information custodian” or “agent” under PHIPA or equivalent terms as defined under applicable privacy laws of Canada or any province thereof, or any other category of entity regulated by any healthcare information, data privacy, or data security law, regulation, or code (a “Healthcare Information Law Covered Entity”). TELUS specifically disclaims any express or implied warranty of fitness for use of the VoIP Services by a Healthcare Information Law Covered Entity to transmit, receive, or store PHI.
20.4 TELUS expressly disclaims any warranty that the VoIP Services are appropriate for use as a repository or means by which to store PHI on a non-temporary basis or for use by a Healthcare Information Law Covered Entity to transmit, receive, or store PHI.
20.5 TELUS makes no warranty that the VoIP Services shall meet the Customer’s requirements, or that the VoIP Services shall be uninterrupted, timely, secure, error free or that any defects in the VoIP Services shall be corrected. Neither TELUS nor Authorized Service Providers or their respective Affiliates are responsible for messages or information lost or misdirected due to interruptions or fluctuations in the VoIP Services or the Internet in general. Neither TELUS nor Authorized Service Providers or their respective Affiliates are responsible for the content or functionality of any third party network used in connection with the VoIP Services.
20.6 TELUS does not warrant the accuracy or reliability of the results obtained through use of the VoIP Services or any data or information downloaded or otherwise obtained or acquired through the use of the VoIP Services. The Customer acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the VoIP Services are at the Customer’s sole risk and discretion, and neither TELUS nor Authorized Service Providers and their respective Affiliates shall be liable or responsible for any damage to the Customer or its property.
20.7 No advice or information, whether oral or written, obtained by the Customer from TELUS, its Authorized Service Providers, or their respective employees, resellers, partners, or Affiliates or through or from the VoIP Services shall create any warranty not expressly stated in these terms and conditions.
20.8 Although TELUS employs reasonable efforts to ensure that voice-mails and fax transmissions are secure, TELUS makes no guarantees of security.
20.9 Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply. To the extent that TELUS cannot disclaim any such warranty as a matter of applicable laws, the scope and duration of such warranty shall be the minimum permitted under such laws.
TELUS and RingCentral Joint Additional Use Terms
The following additional use terms (the “ Joint Additional Use Terms”) are between TELUS Communications Inc. and RingCentral Canada Inc., on the one hand, and each customer of the TELUS Business Connect software (a “Customer”) and its end users (each, an “End User”), on the other hand. Capitalized terms not defined herein have the meaning set forth in the TELUS Business Connect Service Terms, available at https://business.telus.com/en/business/support/global/legal/business-connect-service-terms.
1. The Customer shall not (a) resell the Services; (b) tamper with or change the Services or any TELUS equipment or facilities; (c) abuse the Services or use them in a manner that interferes with any TELUS equipment or facilities, TELUS’ network, or the use of TELUS services by any other person; (d) use the Services in a manner that avoids the payment of any charges, or abuse any flat rate or unlimited use service plan offered by TELUS; or (e) use the Services in violation of any applicable law and regulations.
2. Each Customer and its End Users are subject to the follow acceptable use policy (the “ AUP”), any breach of which shall be deemed a material breach of these Joint Additional Use Terms and may result in suspension or termination of the Customer’s TELUS Business Connect account.
2.1. Minors. Customer and its End Users may not exploit or harm minors (e.g., expose them to inappropriate content or ask for personally identifiable information without parental consent).
2.2. Infringement of rights. Customer and its End Users may not transmit any material that does or may infringe, misappropriate, or otherwise violate the intellectual property rights, rights of privacy, personality, or publicity, or any other rights of TELUS, its Third-Party Software providers, or any other third parties.
2.3. Derivative Works. Customer and its End Users may not undertake, direct, attempt, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of TELUS Business Connect or any other software or hardware provided by TELUS or third parties and used in conjunction with TELUS Business Connect.
2.4. Illegal communications. Customer and its End Users may not transmit any communication that would violate any applicable law or use TELUS Business Connect to facilitate any illegal activity.
2.5. Avoiding compliance. Customers and its End Users may not use or employ methods or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with these Joint Additional Use Terms or applicable law.
2.6. Circumvention of security measures. Customer and its End Users may not defeat, disable, or circumvent any security mechanism related to TELUS Business Connect.
2.7. Interception. Customer and its End Users may not intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data for any purpose, including, without limitation, by causing any TELUS Business Connect product or service to connect to any computer server or other device not authorized by TELUS or in any manner not authorized in advance in writing by TELUS.
2.8. Unauthorized repair. Customer and its End Users may not allow any third party (with the sole exception of TELUS’ authorized maintenance providers acting with TELUS’ express, prior authorization) to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with TELUS Business Connect.
2.9. Traffic Pumping. Customer and its End Users may not engage in or allow traffic pumping or access stimulation of calls through TELUS Business Connect or any systems or networks thereof.
SUBSECTION A.2 UNMANAGED HIGH SPEED INTERNET SERVICE TERMS AND CONDITIONS FOR SERVICE ADDRESSES LOCATED OUTSIDE OF THE PROVINCE OF ONTARIO
The Service Terms and Conditions in this Subsection are applicable to Unmanaged High Speed Internet Services specified in the CSA for Service Addresses located outside of the Province of Ontario and govern all use of the Unmanaged High Speed Internet Services, including any web pages or web sites in connection therewith.
1. Service Description.
Unmanaged High Speed Internet Services provides the Customer with Internet access and the service features specified in the Agreement. Unmanaged High Speed Internet Service is generally described at http://www.mytelus.com/internet/display.do (the “Services Website”) as may be updated from time to time.
2. On-line Registration.
During the registration for the Unmanaged High Speed Internet Services, the Customer may be required to indicate acceptance of an on-line TELUS services account agreement. These Service Terms and Conditions supersede, override and replace the terms of any such on-line agreement.
3. Customer's Account.
As the account holder, the Customer is solely responsible and liable for any and all activities that occur under the Customer’s account, including all activities of any sub-account holders. The Customer is responsible for maintenance of all passwords related to its account. The Customer is also responsible for maintaining the confidentiality of its account and all passwords related to its account. The Customer shall immediately notify TELUS of any unauthorized use of the Customer’s account or any passwords related to its account or of any other breach of security, and shall provide assistance to TELUS, as requested, to stop or remedy any breach of security.
4. Customer Information.
4.1 The Customer shall provide true, current, accurate and complete Customer information as prompted by TELUS’ registration processes or as otherwise requested by TELUS or its agents and the Customer shall promptly notify TELUS of any changes to this information as required to keep it current, complete and accurate.
4.2 The Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information collected in connection with provision or use of the Unmanaged High Speed Internet Services (whether previously collected or to be collected) solely for the purposes identified in the TELUS Privacy Commitment, if applicable to the Customer.
4.3 or the purposes of the Clause 8 of Section A. General Terms and Conditions, the Customer expressly consents to the collection, use and disclosure by TELUS and its agents of the Customer's information, content and materials (including personal information) to the extent such collection, use and disclosure is authorized under Clauses 4.2 and 16.3 of these Service Terms and Conditions.
5. Unmanaged High Speed Internet Service Limitations.
5.1 The Customer must ensure that its equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to the Unmanaged High Speed Internet Services. TELUS shall post such minimum system requirements on the Services Website or otherwise notify the Customer of such requirements. Such requirements may change from time to time, without notice, in TELUS' sole discretion.
5.2 The Unmanaged High Speed Internet Services are subject to the availability of suitable equipment and facilities and consequently all service plans and features are not available at all locations.
5.3 Final confirmation of availability of the Unmanaged High Speed Internet Services cannot occur until the Unmanaged High Speed Internet Services equipment is installed at the Customer’s premises.
5.4 The Customer is not permitted to operate an e-mail, web, news or other similar server through its account, except where such use is expressly permitted under the Customer's service plan.
5.5 Reverse engineering of the Unmanaged High Speed Internet Services is not permitted. This means that the Customer cannot have a higher upload than download speed.
5.6 TELUS does not guarantee that the Unmanaged High Speed Internet Services shall operate with all equipment or software, including all Internet applications and appliances.
5.7 Signal range and penetration of the wireless capabilities of the Unmanaged High Speed Internet Services shall depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and the Customer's computers. The wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.
5.8 When using the wireless capabilities of the Unmanaged High Speed Internet Services to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to the Customer's computer system or the Customer’s account. The Customer shall take all appropriate security precautions when using such wireless capabilities including encrypting its network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on its network, and disabling computer file sharing capabilities when moving its computer outside of its home/office network. TELUS shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of the wireless capabilities of the Unmanaged High Speed Internet Services including those resulting from the Customer's use of file sharing, print sharing or other functions that may allow others to gain access to the Customer's computer, network or the contents of its transmissions.
6. General Practices and Limits.
TELUS may establish general practices and limits concerning use of the Unmanaged High Speed Internet Services, including the maximum size of any e-mail message that may be sent from or received by an account, the maximum disk space that shall be allotted on TELUS’ servers on the Customer’s behalf, the maximum amount of data that may be sent from or received by an account and the maximum number of days that e-mail messages shall be stored on TELUS’ servers. Such general practices and limits shall be posted on the Services Website or otherwise made available to the Customer. The Customer shall comply with all such general practices and limits which may differ for different portions of the Unmanaged High Speed Internet Services and may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion. TELUS has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. If the Customer violates such practices or exceeds such limits, TELUS may suspend, restrict or terminate the Customer’s account, remove any content, information or materials from TELUS’ servers, or impose additional charges (additional charges are described on the Services Website).
7.1 Installation options available for the Unmanaged High Speed Internet Services shall depend upon the Customer's location and service plan. Details regarding available installation options, including applicable fees, are posted on the Services Website.
7.2 The Customer authorizes TELUS, its employees, agents, contractors and representatives to enter the Customer’s premises and access the Customer’s equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Unmanaged High Speed Internet Services. Access to the Customer’s premises shall be at a time that is mutually convenient for the Customer and TELUS.
7.3 TELUS shall use commercially reasonable efforts to provide TELUS Unmanaged High Speed Internet Service within pre-established service implementation intervals, but failure to meet such intervals is not a breach or default of this Agreement and shall not result in any credit or refund of charges, or payment of any amount by TELUS.
7.4 The Customer shall be responsible for obtaining at its sole cost all rights-of-way, permissions or third party consents required to permit TELUS to install and maintain the Service Components from the legal boundary of each Customer site to the Service demarcation and to the Customer’s premises at the Customer site, including the consent of the Customer’s landlord or building owner. The Customer shall be responsible for satisfying at its sole cost all requirements imposed by a building’s design or by building management as it applies to internetworking Unmanaged High Speed Internet Services installation or the Service Components, including the payment of any additional fees, conduit installation, design submissions, and installation approvals.
7.5 TELUS shall provide the Customer with the installation of simple wiring, that is, a wall jack and inside wiring to the modem at TELUS’ then prevailing rates. Any complex or additional wiring expenses, as identified by TELUS acting reasonably, shall be the sole responsibility of the Customer. If requested by Customer, TELUS may provide the Customer with an estimate of the complex or additional wiring expenses and, if authorized by the Customer, TELUS may provide such complex or additional wiring upon Customer’s payment of charges set out in TELUS’ estimate.
7.6 Subject to Clauses 7.7 and 7.8, TELUS’ installation of the simple wiring referred to in the first sentence of Clause 7.5 shall include the following:
(a) Provision by TELUS of inside wiring only from the last demarcation point to the service or telecom room less than 50 feet in length and under 30 minutes of labour using existing pathways or run along the baseboard;
(b) For residential or small office dwellings, performance by TELUS of inside wiring from the last Service demarcation point which shall typically be located just outside or in the basement of the residence or office to the service or telecom room;
(c) For commercial buildings, performance by TELUS of inside wiring from the last Service demarcation site which shall typically be located in the electrical room of the suite or office to the service or telecom room.
7.7 In the provision of simple wiring pursuant to the first sentence of Clause 7.5, TELUS shall:
(a) only use existing holes in floors, walls or ceilings to accommodate inside wiring;
(b) not go through walls or fish or run along ceilings over 8 feet in height; and
(c) not make any holes in floors, walls or ceilings to accommodate inside wiring.
7.8 The Customer is solely responsible for inside wiring required from the basement, riser or technical room to the Customer service, telecom room or electrical room of the office or suite. The Customer shall comply with the terms of the quick install guide included on the TELUS install wizard CD, where applicable.
8. Customer Equipment and Software.
8.1 The Unmanaged High Speed Internet Services must be connected to a suitable network interface card (“NIC”) installed at the Customer’s premises. If the Customer is supplying and installing the NIC, the Customer must install the NIC prior to the installation of the high speed modem, or wireless gateway, as applicable. Alternatively, if the Customer purchases the NIC along with installation of the NIC from TELUS when ordering the Unmanaged High Speed Internet Services, the Customer must ensure that there is a suitable free NIC slot available in the Customer’s computer prior to arrival of the TELUS installer at the Customer’s premises. TELUS shall not remove NICs from or rearrange NICs in the Customer’s computer.
8.2 The Unmanaged High Speed Internet Services may interrupt the functioning of some home or business security systems which use the same phone lines as the Services. The Customer agrees that TELUS is not responsible for any such problems or interruptions. The Customer is responsible for ensuring that the Customer’s premises are appropriately wired to ensure proper functioning of any home or business security systems, prior to installation of the Unmanaged High Speed Internet Services.
8.3 Except as otherwise explicitly stated in this Agreement, TELUS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by the Customer, including any equipment or software used in connection with the Unmanaged High Speed Internet Services.
9. Hardware Supplied by TELUS.
Equipment provided by TELUS or leased by TELUS remains its property at all times. The Customer is responsible for all such equipment and it must be returned to TELUS upon termination of the Unmanaged High Speed Internet Service or part of the Unmanaged High Speed Internet Service for which it was provided or leased. Self-installation of equipment by the Customer is not permitted unless otherwise specified by TELUS.
10. Software Supplied by TELUS.
10.1 Any and all software and related documentation that forms part of the Unmanaged High Speed Internet Services or that is supplied by TELUS, its agents or representatives for use in connection with the Unmanaged High Speed Internet Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to these terms, including the disclaimers and limitations of liability herein, and the terms of any applicable Software license made available to the Customer by TELUS. Unless otherwise authorized by TELUS or in the applicable Software license, the Customer shall not (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.
10.2 As a condition of continued use of any Unmanaged High Speed Internet Service, TELUS may, from time to time, require assistance from the Customer to download and install upgrades, patches or more recent versions of any components of any applicable Software.
11. Smart Hub (Hardware) Supplied by TELUS.
11.1 If specified in the CSA and available for its Service Addresses and plan, the Customer may receive a TELUS wireless Smart Hub device as backup for Unmanaged High Speed Internet Services for use by the Customer at the Service Addresses indicated in the CSA. The Smart Hub device can accommodate a maximum of 3 Wired LAN connections and up to 32 Wireless LAN connections. A TELUS router is required in order to use the Smart Hub device. The Smart Hub device is not recommended for use with a non-TELUS router as the device does not support a bridge mode configuration option or functionality. Performance of Internet service connectivity on the Smart Hub device shall be subject to wireless signal strength at the location of the Smart Hub device.
11.2 The Smart Hub device forms part of the Service Components. The Customer shall install the Smart Hub device in accordance with instructions from TELUS.
11.3 The Customer must pay TELUS the lesser of $149.99 or TELUS’ then current fee for the Smart Hub device, unless another amount is otherwise specified in the CSA.
11.4 If the Customer terminates a Business Connect Service that included a Smart Hub device within the first six months of the Term, the Customer must pay TELUS, TELUS’ then current fee for the Smart Hub device.
11.5 The Customer is responsible for any repair or replacement costs if the Smart Hub device is repaired, moved, or modified by any person not authorized by TELUS, is damaged by causes external to the Smart Hub device or is abused, neglected or improperly stored or operated, and shall indemnify TELUS for any third party claims arising from or based on any such repair, move, modification or damage.
11.6 TELUS is not responsible for interruptions in the Unmanaged High Speed Internet Services caused by any unauthorized relocation, modification or repair of the Smart Hub device.
12.1 The Services help desk shall provide telephone and e-mail assistance on a commercially reasonable efforts basis, via the telephone number and e-mail address and during the hours specified on the Services Website. Assistance is limited to the Customer's problems using the Unmanaged High Speed Internet Services and may exclude problems related to certain equipment and software, as specified by TELUS, in its sole discretion. Charges may apply to certain non-standard support services, as specified by TELUS. TELUS cannot guarantee the resolution of any particular problem or that the Services shall be uninterrupted or error free.
12.2 From time to time TELUS may e-mail updates and notices regarding the Unmanaged High Speed Internet Services to the Customer.
12.3 TELUS shall provide on-site support (including, at TELUS' option, repair or replacement of equipment that is defective in material or workmanship) for all TELUS-owned equipment.
The access numbers used by the Customer’s modem to connect to the Unmanaged High Speed Internet Services may be telephone numbers that result in additional or long distance charges being billed to the Customer. The Customer is solely responsible for determining whether the access numbers the Customer is using are subject to any additional or long distance charges and the Customer agrees to pay all such charges, including those that may be billed to the Customer by a third party. Information concerning additional and long distance charges is available on the Services Website.
14. Acceptable Use Policy.
The Customer shall at all times comply with the TELUS Acceptable Use Policy (the “ AUP”) published at http://www.telus.com/aup. TELUS may change the AUP at any time, in its sole discretion, and publishing the changed AUP at http://www.telus.com/aup shall be sufficient notice of the changes to the Customer.
15. Proprietary Rights.
15.1 Content, including text, software, music, sound, photographs, video, graphics or other material accessed through the Unmanaged High Speed Internet Services or the Internet is protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws.
15.2 TELUS does not claim ownership of information, materials, software or other content (collectively, the “Content”) that the Customer posts, uploads, inputs, provides, submits or otherwise transmits to TELUS or any third party, using the Unmanaged High Speed Internet Services. However, by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to TELUS or any third party, using the Unmanaged High Speed Internet Services, the Customer has thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate the Content to the extent reasonably required by TELUS to provide the Unmanaged High Speed Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
15.3 Except where otherwise specified by TELUS, e-mail addresses, IP addresses and web page addresses assigned to the Customer by TELUS remain the property of TELUS at all times.
16. Compliance Measures.
16.1 TELUS has no obligation to censor or monitor use of the Unmanaged High Speed Internet Services by the Customer or any third party, including any obligation to censor or monitor any content, material or other information sent, received or accessible through the Unmanaged High Speed Internet Services or the Internet. However, TELUS has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Unmanaged High Speed Internet Services to customers, ensure adherence to or enforce the terms of the Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
16.2 If TELUS receives a complaint relating to use of the Unmanaged High Speed Internet Services by the Customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the accounts involved or remove any content, information or materials from its servers.
16.3 TELUS may, without notice or liability, disclose to third parties any Customer information or any content, information or materials associated with an Unmanaged High Speed Internet Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Unmanaged High Speed Internet Services to customers, ensure adherence to or enforce the Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others. To comply with any law, regulation, court order or other governmental request or order, TELUS may access, preserve and disclose any telecommunications related data or information associated with the Customer’s use of the Unmanaged High Speed Internet Services. TELUS’ rights to disclose under this Subsection shall prevail over the TPC.
17. Service Changes
17.1 Despite any other provision in this Agreement, in order to maintain or improve the Unmanaged High Speed Internet Services or for other business reasons, TELUS may change the charges, plan features, e-mail addresses and minimum systems requirements, the AUP, the TPC, any content on the Services Website, and any other aspect of the Services at any time, without notice or liability, in TELUS' sole discretion.
17.2 All references to web site addresses in these Service Terms and Conditions shall also include any successor or replacement web sites containing substantially similar information as the referenced web sites.
18. Customer Service Plan Changes.
The Customer may change the service features that the Customer has subscribed for or selected, as specified in the CSA, to another Services plan for business customers with higher or lower fees and charges, subject to the specific conditions and availability of the other Services plan, by submitting a request to TELUS via the contact information set out in the CSA, and without any obligation to pay early termination charges. By continuing to use the Services after receipt of a bill or statement reflecting the change in the service features requested by the Customer, the Customer is deemed to have accepted the service features.
19. Termination and Termination Charges.
19.1 In addition to TELUS’ rights in Section A. General Terms and Conditions, TELUS may terminate the Unmanaged High Speed Internet Services and this Agreement, for convenience, at any time by giving at least 30 days’ advance notice to the Customer, and TELUS shall refund any amounts prepaid by the Customer for the provision of Unmanaged High Speed Internet Services after the termination date.
19.2 TELUS shall have no responsibility to notify any third party (including any third party providers of services, merchandise or information) of any suspension, restriction or termination of the Customer's account. If the Customer's account is terminated, TELUS shall have no obligation to forward any unread or unsent messages to the Customer or any third party or to maintain any messages, information or other content related to the Customer's account and the Customer acknowledges that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, upon termination of the Customer’s account, all e-mail and web page addresses related to its account may be immediately deleted or reassigned to other customers. TELUS' policies regarding handling of customer e-mails upon suspension and termination of customer accounts can be found on the Services Website.
19.3 The Customer shall return any TELUS-owned high speed modems, wireless gateways, and associated components to a TELUS approved depot within 14 days’ after termination of the Unmanaged High Speed Internet Services account, unless otherwise directed by TELUS. If the Customer does not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if the Customer has assigned, encumbered, sold, transferred or leased such equipment, the Customer shall pay the then in effect charge, plus applicable taxes. The location of TELUS approved depots can be obtained by contacting TELUS via the contact information set out in the Agreement.
19.4 The Customer may terminate some or all of the Unmanaged High Speed Internet Services or this Agreement at any time by giving at least 30 days’ advance notice to TELUS. If the Customer is a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576, the Customer may terminate some or all of the Unmanaged High Speed Internet Services or this Agreement by giving notice to TELUS, and termination of such Unmanaged High Speed Internet Service shall be effective when TELUS receives the notice or, if the Unmanaged High Speed Internet Service requires disconnection and porting to another service provider, upon disconnection.