Business Select Agreement Terms and Conditions
Business Select Agreement
These general terms form part of the agreement between the Customer and TELUS for Business Select and apply to the Services.
Additional Service Terms and Tariffs
The Customer’s use of the Services is subject to the following additional terms and conditions, which form part of the Agreement:
the service-specific terms and conditions published at http://www.telus.com/BusinessSelectServiceTerms (the "Service Terms"); and
for local telephone services and related calling features ("Local Services") which are regulated by the Canadian Radio-television and Telecommunications Commission (the "CRTC"), the terms of service and other terms and conditions (including limitations on TELUS' liability) set out in TELUS' tariffs, as amended from time to time and approved by the CRTC ("TELUS' Tariffs"). To determine whether TELUS’ Tariffs apply, the Customer may enter the telephone number for the Customer’s Local Services at http://about.telus.com/publicpolicy/LSlookup.html. TELUS’ Tariffs applicable to the Local Services are published at http://about.telus.com/cgi-bin/tariffs.cgi.
If there is any conflict or inconsistency between any of the documents forming part of the Agreement, such documents shall be interpreted in accordance with the following order of priority: TELUS’ Tariffs, the Service Terms, and these terms and conditions.
The Customer’s choice as to whether the Agreement auto-renews or expires at the end of the Term is specified in the Agreement. If "Auto-Renew Agreement" is selected, provided TELUS has given the Customer at least 60 days prior notice of the renewal and any changes to the pricing or other terms and conditions that apply to the Services during the renewal Term, unless the Customer declines the renewal in writing no later than 60 days after the renewal date, the Agreement and the Services will automatically renew for another Term with the same length as the previous Term.
If (a) "Do Not Auto-Renew Agreement" is selected, or (b) "Auto-Renew Agreement" is selected and the Customer declines the renewal or TELUS fails to send a renewal notice to the Customer, the Agreement will expire at the end of the Term and any Services that continue to be provided to the Customer will be subject to the Business Select monthly terms and conditions published at http://www.telus.com/BusinessSelectServiceTerms (the “Month-to-Month Service Terms”) and the use of any such Services by the Customer will constitute consent by the Customer to the Month-to-Month Service Terms.
Use of the Services
The Customer will 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 use the Services in violation of any applicable law. 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.
TELUS’ Property Rights
Title to, ownership of, and all intellectual property rights in, any facilities, equipment, software, systems, processes and documentation used to provide the Services (“Service Components”) shall be and remain with TELUS, or its suppliers and licensors. Unless expressly stated elsewhere in the Agreement, the Agreement does not grant to the Customer any intellectual property or other rights or licenses in or to any Service Components.
Limitations of the Services
TELUS does not guarantee error-free or uninterrupted Services or receipt of material or messages transmitted over or through TELUS’ network or the networks of other organizations, and TELUS makes no representations, warranties or conditions as to quality of service. TELUS does not guarantee the privacy of any communications over or through its networks. Additional restrictions on or limitations of the Services are set out in the Service Terms and TELUS’ Tariffs.
Limitation of TELUS’ Liability
TELUS is not liable for any loss of data, loss of profits, loss of business opportunities, or any indirect, special or consequential damages arising out of or in connection with the Agreement or the provision, use or failure of the Services. Unless and to the extent otherwise provided for in the Service Terms or TELUS’ Tariffs, the entire liability of TELUS and its Affiliates to the Customer relating to or arising out of the Agreement, whether in contract, tort or otherwise, will not exceed the total charges the Customer paid for the Services during the three month period immediately preceding the event which gave rise to the claims.
The Customer will indemnify TELUS for all damages, expenses, losses, claims or judgments sustained by or made against TELUS in connection with the Customer's use or misuse of the Services or breach of the Agreement.
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 telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by TELUS to evaluate the Customer’s creditworthiness or collect the Customer’s account, provided the information is required for and is to be used only for that purpose; a public authority or agent of a public authority, if in the reasonable judgment of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; or an Affiliate involved in supplying the Customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose. Express consent may be taken to be given by 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 a specific telephone number.
The Customer hereby consents to 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.
The laws of the province of the Customer’s billing address and the applicable laws of Canada apply to the Agreement. The Customer must not assign the Agreement without TELUS’ prior written consent. In the Agreement an "Affiliate" means an affiliated body corporate as defined in the Canada Business Corporations Act and, in the case of TELUS, any partnership or other unincorporated association in which TELUS Corporation or any of its affiliated bodies corporate (as so defined) has a controlling interest. The words "including" and "includes" mean "including without limitation" and "includes without limitation". There are no representations, warranties, terms or conditions, express or implied, other than in the Agreement. If any part of the Agreement is void, prohibited or unenforceable, the Agreement will be construed as if such part had never been part of the Agreement. The Agreement will enure to the benefit of and bind the successors, permitted assigns and (if applicable) personal representatives of the Customer and TELUS. All notices necessary under the Agreement shall be given in writing, and either personally delivered, or sent by registered mail to the Customer at the billing address associated with the Customer’s account or by email to the Customer’s email address, and to TELUS at 8 – 411 – 1 St. SE Calgary AB T2G 4Y5. Notices, if personally delivered or sent by email, will be deemed to have been received the same day or, if sent by registered mail, will be deemed to have been received 4 days (excluding Saturdays, Sundays and statutory holidays) after the date of mailing. The headings in the Agreement have no legal force or effect. The transmittal of signatures by facsimile or other electronic means is valid execution of the Agreement and is legally binding on the Customer and TELUS.