General Terms and Conditions - USA
The terms in this section, called the “general terms”, apply to all services in the agreement.
1.1 Service Period
TELUS agrees to provide you with each service for the service period listed in the Your Services & Summary Charges table. The service period begins when the service is installed. If you are renewing a service and the service is already installed when you sign this agreement, the service period begins from signing.
The monthly charge listed in Your Services & Summary Charges section for a service at a service location will not change during the service period. After the service period ends, TELUS will continue to provide the service from month to month for the monthly charges listed in the Your Services & Summary Charges section until:
either you or TELUS cancels or changes a service,
TELUS changes the charges by giving you notice at least one month in advance or
you sign a new agreement with TELUS.
This agreement remains in effect for as long as TELUS continues to provide any of the services to you. TELUS may cancel a service at any time by giving advance notice to you if TELUS is turning down the service for all of its customers,
1.2 Readiness Requirements
For TELUS to successfully install the services, we require you to prepare each service location or take other steps.
Authorizations In order for TELUS to provide the service and make arrangements with your previous service provider or other service providers, you may be required to provide us with signed authorizations or consents.
Access to Service Location Where a service location is at your site, you must give TELUS safe and reasonable access to the service location so that we can install and maintain the service and any equipment, software, and communications connections that we use to provide the service to you.
You are responsible for:
(a) meeting requirements of the landlord, building owner or manager, or any other person at the service location, necessary for TELUS to install and maintain the service,
(b) obtaining any rights or consents and paying any fees required by any of these persons relating to the installation or maintenance of the service, and
(c) arranging for conduit installation, power installation, design submissions, and installation approvals
Equipment and Network You are responsible for providing, installing, and maintaining compatible equipment, cabling and connections that connects to the service connection or that you use with the service.
TELUS Equipment In order for TELUS to provide the service to you, we may need to install equipment at the service location. When the service location is at your site, you are responsible to take reasonable care of this equipment.
1.3 Charges and Payment
The charges for the services are called the “service charges”, and include all charges in the Your Services & Summary Charges section and any standard charges. The service charges for a service include one or more of the following:
|One Time Charge||This charge applies once for items such as construction, installation, overage, or additional labour.|
|Monthly Fixed Charge||This charge applies each month and will not change during the service period.|
|Monthly Variable Charge||This charge applies each month but may change each month depending on quantity, your usage, or other reasons.|
|Standard Charge||This charge applies to optional service features and is the same for all TELUS business customers using the same service feature. We may change a standard charge at any time. You may contact TELUS Customer Care for further information about TELUS standard charges.|
This agreement may also require you to pay other charges, including late payment charges, government charges that we are required to bill and collect by law, and service cancellation charges.
TELUS will bill you each month for the service charges, any other charges, and applicable Taxes and Regulatory Fees, beginning when services are installed. You agree to pay all service charges, other charges, and applicable Taxes and Regulatory Fees billed to you, without any deductions or set-offs. You must pay all amounts billed to you by the due date shown on the bill, otherwise you will also have to pay late payment charges, calculated at 2.0% per month (compounded to 26.82% per year, calculated from the billing date. TELUS may restrict, suspend, or cancel any services if you fail to pay any amounts due, but only after giving you at least 10 days’ advance notice at your billing address. If TELUS cancels a service because of your non-payment, you must also pay the service cancellation charges.
“Regulatory Fees” include, but is not limited to, fees required or permitted by governmental authorities or applicable law in support of any statutory or regulatory programs, established by legislation or under the laws of any national, federal, state or other governmental authority now in force or enacted in the future with respect to the supply of the services provided by TELUS under this agreement. Regulatory Fees shall be in addition to, but shall not include Taxes.
“Taxes” means any and all applicable national, federal, state, municipal, local or other governmental authority taxes and fees including without limitation, all sales, use, excise, personal property, utility, goods, services, value-added, gross receipts, and franchise taxes, now in force or enacted in the future with respect to the supply by TELUS of the services under the agreement, provided however, that in no event shall Taxes include taxes on net income or capital. Taxes shall be in addition to, but shall not include Regulatory Fees.
At any time, you may ask TELUS to move some or all of your services, add a service to an existing service location or a new service location, to remove some or all of your services, or to make other changes. To move a service, you may be required to pay a different monthly fixed charges at the new service location, and you may be required to pay service cancellation charges at the original service location. To add a service, you will be required to pay additional one-time and applicable monthly fixed charges. To make other changes, you may be required to pay additional one-time or charge, standard charges, or both.
To remove a service before the end of the service period, you may be required to pay service cancellation charges. Details of these service cancellation charges are in the Service Terms. You agree that the service cancellation charges are a genuine estimate of the damages that we may sustain because you cancelled the service before the end of the service period, and are not a penalty.
You can request changes by contacting the telephone number on your TELUS bill. Any changes and additional service charges must be agreed to by you in writing before TELUS makes the change.
You are responsible and will be liable to TELUS for all access to and use of the services, including use that breaches this agreement, by anyone through your equipment, software or services, or by anyone using your credentials or the permissions necessary to access or use the services. Anyone using a service must use it as required by this agreement. The services are designed for the business use of you and your employees, and unless you have our advance written consent, you must not resell the services or change any fees, directly or indirectly, for using the service. You must not
(a) use the service in a way designed to avoid payment of any charges,
(b) use the service in a way that interferes with the use of our services by other persons,
(c) change or interfere with the services or the equipment we use to provide the services, or
(d) use the services unlawfully.
TELUS may immediately restrict, suspend, or cancel any misused service. If TELUS cancels a service because of your misuse, you must also pay the service cancellation charges.
All information that TELUS keeps about you and your service, other than your name, address, listed telephone number and any information that becomes public, otherwise than by breach of this agreement, is confidential. Unless you provide your express consent or unless disclosure is required under the law, your information must not be disclosed by TELUS to anyone, other than:
you or a person who, in the reasonable judgement of TELUS, is seeking the information as your agent
our sub-contractor, suppliers and service providers, and their affiliates, if the information is required to provide the service to you and disclosure is made on a confidential basis with the information used only for that purpose; an affiliate involved in supplying you with the services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information used only for that purpose
an agent used by TELUS to evaluate your credit or collect outstanding balances owed to TELUS by you, if the agent requires the information and agrees to use the information only for that purpose
a law enforcement agency if TELUS reasonably believes that you or anyone using your device is engaged in fraudulent or unlawful activities against TELUS.
By “express consent” we mean written consent, electronic confirmation via the Internet or through other methods as long as long as an objective documented record of your consent is created.
1.7 Limit on TELUS’ Liability
Unless otherwise expressly provided in this agreement (including service performance commitment, as applicable) and to the extent permitted under applicable laws, TELUS does not guarantee timely, secure, error-free, or uninterrupted services and TELUS makes no representations, warranties, conditions or guarantees regarding the Services (implied or statutory). The service performance commitment that applies to a service, if any, is your only remedy for any problem with a service.
TELUS’ entire liability for one or more claims by you arising from or related to this agreement is limited to damages proven to result directly from the matter giving rise to the claim, up to a maximum amount equal to the service charges paid in the 12 months before the first event that resulted in a claim.
TELUS will not be liable to you for any loss of profits, business, goodwill, reputation, or data relating to this agreement, the services, or any failure of or problem with the services. This limit applies even if TELUS is aware that such losses are possible.
This subsection 7 7 applies to all claims, in total, made against TELUS and its affiliates, whether a claim is made in contract, tort (including negligence), statute, or otherwise.
1.8 Additional Terms
Assignment of Agreement You must not assign this agreement without our advance written consent, including any assignment as part of the sale of your business.
Notices If you are required to give a notice to TELUS under this agreement, your notice must be given by telephone to the TELUS number shown on your TELUS bill. If we are required to give a notice to you under this agreement, the notice must be given to you in writing at your billing address.
Affiliates A TELUS affiliate is an entity that controls us, that is controlled by us, or that is controlled by the same parent entity as TELUS. “Control” means majority ownership of the equity or beneficial interest in an entity, or the right to vote for or appoint the majority of an entity’s governing body, such as a board of directors.
Claims Any claim that you have against us, or that we have against you, relating to the services or this agreement must be referred to private and confidential mediation and, if the claim is not resolved, to binding arbitration. You also waive any right to start or participate in any class action against us relating to the services or this agreement. Mediation and arbitration, if necessary, will take place before a single mediator and a single arbitrator, under the rules of the ADR Institute of Canada. This paragraph does not apply to collection of any amounts that you may owe to TELUS or to your rights to make a complaint to any administrative authority that has jurisdiction over TELUS or the services. This agreement is subject to and is to be interpreted in accordance with the federal law of Canada and the laws of the province of British Colombia or Ontario, to the plaintiff choice, without regard to that province’s choice of law rules. Venue and jurisdiction will be in that province.
Confidential Agreement This agreement is confidential. You must not disclose any part of this agreement except with the advance written consent of TELUS or when required by law or any order of a court or other lawful authority.
Counterparts This agreement may be executed in any number of counterparts, which may be exchanged by mail, facsimile or e-mail (including signed agreement scanned in pdf format), each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
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 of other lawful authority, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters, or other catastrophes or events beyond TELUS’ reasonable control.