Unmanaged High Speed Internet - Service Terms And Conditions

1.1 These Service Terms and Conditions apply to all Unmanaged High Speed Internet / TELUS Office Internet Services specified in the Solution Details (the "Services"). The Services are provided by TELUS Communications Inc.

1.2 The Services provide the Customer, subject to the terms of this Agreement, with Internet access and related services. The Services are generally described at http://www.telus.com/en/on/business/internet/unmanaged as may be updated from time to time, (the “Services Web Site”) and the Services plans and features selected by the Customer are specified in the Solution Details.

During the registration process for the Services, the Customer may be required to indicate acceptance of an on-line TELUS Internet Services Account Agreement. This Agreement supersedes, overrides and replaces the terms of any such on-line Agreement.

TELUS has the right to amend this Agreement at any time. However, TELUS will use 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 this Agreement. If the Customer does not agree to any amendment to this Agreement, the Customer must immediately cease any use of the Services and shall notify TELUS of termination in accordance with Section 8 of the General Terms and Conditions.

4.1 The Customer represents and warrants that it possesses the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

4.2 As the Services account holder, the Customer is responsible for its account and the maintenance of all passwords related to its account. 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 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 and/or remedy any breach of security.

5.1 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.

5.2 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 and/or use of the Services (whether previously collected or to be collected), solely for the purposes identified in the TELUS Privacy Commitment published at http://www.telus.com/privacy/privacy.html (the “TPC”), if applicable to the Customer.

5.3 For the purposes of the Section 9 of the 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 Subsections 5.2 and 18.3 of these Service Terms and Conditions.

6.1 The Customer agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services through its account, in accordance with the rates and billing policies established from time to time by TELUS that are applicable to the service plan and features which the Customer has selected. Fees are non-refundable, except as otherwise explicitly provided in this Agreement. The Customer shall pay all costs incurred by TELUS in the collection of any delinquent fees and charges due under this Agreement or in the enforcement of this Agreement including lawyers' fees.

6.2 Any failure of TELUS to make a bill or statement available to the Customer pursuant to this Agreement does not affect the Customer's responsibility to pay any incurred charges. Unless the Customer notifies TELUS of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on the Customer's bill or statement, such bill or statement will be deemed accepted by the Customer for all purposes. Without limiting anything else in this Agreement, the Customer shall release TELUS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to TELUS within 90 days of the publication date of the applicable bill or statement.

7.1 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 Services. TELUS shall post such minimum system requirements on the Services Web Site or otherwise notify the Customer of such requirements. Such requirements may change from time to time, without notice, at TELUS' sole discretion.

7.2 The Services are subject to the availability of suitable equipment and facilities and consequently all service plans and features are not available at all locations.

7.3 The provision of the Services is based on the presumption that copper infrastructure is available for each of the Customer Service addresses identified in the Solution Details. If copper infrastructure is not available, then the Service at that Customer Service address can be cancelled by TELUS without any liability for TELUS.

7.4 The availability of high-speed internet service may be dependent on the availability of suitable telephone lines/local loops supplied by other carriers. The number of service connections per address may be limited. A preliminary geographical check is required to determine if high-speed internet service is available in an area. Due to the nature of high-speed internet service technology, TELUS reserves the right to deem the high-speed internet service
unavailable at a specific location, up to the time of installation.

7.5 Final confirmation of availability of the Services cannot occur until the Services equipment is installed at the Customer’s premises.

7.6 The Customer is not permitted to operate an e-mail, web, news or other similar server through its Services account, except where such use is expressly permitted under the Customer's service plan.

7.7 Reverse engineering of the Services is not permitted. This means that the Customer cannot have a higher upload than download speed.

7.8 TELUS does not guarantee that the Services will operate with all equipment or software, including all Internet applications and appliances.

7.9 Signal range and penetration of the wireless capabilities of the Services will 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 computer(s). The wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.

7.10 TELUS does not guarantee the maximum service performance (ie. throughput and/or speed) levels. Speed is a function of many factors some of which may be out of our control. Internet speeds and signal strength may vary with a customer’s configuration, internet traffic, server, environmental conditions, proximity to central office, or other factors.

7.11 If wireless capabilities of the Services are available and specified in the Solution Details, when using the wireless capabilities of the 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 Services account. The Customer should 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 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.

TELUS may establish general practices and limits concerning use of the Services, including the maximum size of any e-mail message that may be sent from or received by a Services account, the maximum disk space that will be allotted on TELUS’ servers on the Customer’s behalf, the maximum amount of data that may be sent from or received by a Services account and the maximum number of days that e-mail messages will be stored on TELUS’ servers. Such general practices and limits shall be posted on the Services Web Site 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 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 Web Site).

9.1 Installation options available for the Services will depend upon the Customer's location and service plan. Details regarding available installation options, including applicable fees, are posted on the Services Web Site.

9.2 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, modifying, inspecting, repairing, replacing, upgrading or removing any equipment or software as reasonably required for the provision of the Services. Access to the Customer’s premises will be at a time that is mutually convenient for the Customer and TELUS.

9.3 TELUS shall use commercially reasonable efforts to provide TELUS Office Internet Service within provided service implementation intervals, but failure to meet such is not a breach or default of this Agreement and will not result in any credit or refund of charges, or payment of any amount by TELUS

9.4 The Customer shall be responsible for obtaining at its sole cost all rights-of-way, permissions and/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 (defined in the applicable additional Service Terms and Conditions) 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 Services installation or the Service Components, including the payment of any additional fees, conduit installation, design submissions, and installation approvals

9.5 The installation of a wall jack and inside wiring to the modem may be necessary depending on on-site facilities, including the following (but not more than):

• Provide inside wiring only from the last demarcation point to the service/telecom room less than fifty (50) feet in length and under 30 minutes of labour using existing pathways or run along the baseboard;
• Not go through walls or fish/run along ceilings over eight (8) feet in height;
• Only utilize existing holes in floors, walls or ceilings to accommodate inside wiring;
• Not make any holes in floors, walls or ceilings to accommodate inside wiring;
• For residential or small office dwellings perform inside wiring from the last demarcation point which will typically be located just outside or in the basement of the residence or office to the service/telecom room;
• For inside wiring required from the riser/technical room to the Customer service/telecom room shall be the sole responsibility of the Customer;
• For commercial buildings perform inside wiring from the last demarcation site which will typically be located in the electrical room of the suite/office to the service/telecom room. Should the last demarcation point be located in the basement or at the riser/technical room, it will be the sole responsibility of the Customer to complete the wiring to the electrical room of the suite/office.

9.6 The Customer shall comply with the terms of the quick install guide included on the TELUS install wizard CD, where applicable.

10.1 The 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 itself, the Customer must install the NIC as appropriate prior to the installation of the high speed modem or wireless gateway, as applicable. 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 will not remove NICs from or rearrange NICs in the Customer’s computer.

10.2 The Services may interrupt the functioning of some home or business security systems which use the same phone line(s) 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 Services.

10.3 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 Services.

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 Service or part of the Service for which it was provided or leased. Self-installation of Equipment by the Customer is not permitted unless otherwise specified by TELUS.

12.1 Any and all software and related documentation that forms part of the Services or that is supplied by TELUS, its agents or representatives for use in connection with the Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to the terms of this Agreement, 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.

12.2 As a condition of continued use of any Service, TELUS may, from time to time require assistance from the customer to download and install upgrades, patches or more recent versions of any component(s) of any applicable Software.

13.1 If specified in the Solution Details, the Customer may receive a TELUS wireless Smart Hub device as backup for Internet services for use by the Customer at the Service Address specified in the Order Details. 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 will be subject to wireless signal strength at the location of the Smart Hub device.

13.2 The Smart Hub device forms part of the Service components or equipment. The Customer will install the Smart Hub device in accordance with instructions from TELUS.

13.3 The Customer agrees to pay all fees and charges incurred (and applicable taxes) for incremental usage in accordance with the Wireless Backup Smart Hub plan specified in the Order Details.

13.4 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.

13.5 TELUS is not responsible for interruptions in the Internet Service caused by any unauthorized relocation, modification or repair of the Smart Hub device.

13.6 The Customer should contact the Services Help Desk in the event of an Internet Service outage.

14.1 The Services Help Desk will provide telephone and e-mail assistance on a reasonable efforts basis, via the telephone number and e-mail address and during the hours specified on the Services Web Site. Assistance is limited to the Customer's problems using the Services and may exclude problems related to certain equipment and software, as specified by TELUS, in its discretion. Charges may apply to certain non-standard support services, as specified by TELUS. TELUS cannot guarantee the resolution of any particular problem or Services interruption.

14.2 From time to time TELUS may e-mail updates and notices regarding the Services to the Customer.

14.3 TELUS will 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 Services may be telephone numbers that result in additional and/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 and/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 Web Site.

The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP"), published at telus.com/aup

17.1 Content, including text, software, music, sound, photographs, video, graphics or other material, accessed through the Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

17.2 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 Services. However, by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to TELUS or any third party, using the Services, the Customer has thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by TELUS to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

17.3 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.

18.1 TELUS has no obligation to censor or monitor use of the 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 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 Services to customers, ensure adherence to or enforce the terms of this 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.

18.2 If TELUS receives a complaint relating to use of the 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 account(s) involved and/or remove any content, information or materials from its servers.

18.3 TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this 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.

19.1 Despite any other provision in this Agreement, in order to maintain or improve the Services or for other business reasons, TELUS may change the, plan features, e-mail addresses and minimum systems requirements, the AUP, the TPC, any content on the Services Web Site, and any other aspect of the Services at any time, without notice or liability, at TELUS' sole discretion.
19.2 All references to web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web sites.

20.1 The Customer may change the Services plan that the Customer has subscribed for or selected, as specified in the Solution Details, to another Services plan for business customers with higher or lower fees and charges, by submitting a request to TELUS via the contact information set out in the Solution Details. By continuing to use the Services after receipt of a bill or statement reflecting the change in the Services plan requested by the Customer, the Customer is deemed to have accepted the new Services plan.

21.1 In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Services and this Agreement, for convenience, at any time by giving at least 30 days advance notice to the Customer,and TELUS will refund any amounts prepaid by the Customer for the provision of Services after the termination date.

21.2 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 and/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 Web Site.

21.3 The Customer shall return any TELUS-owned high speed modems, wireless gateways, and associated components to a TELUS approved depot within 14 days of termination of its 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 a $99.95 CDN charge, plus applicable taxes. The location of TELUS approved depots can be obtained by contacting TELUS via the contact information set out in the Solution Details.

21.4 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: the Customer may terminate some or all of the Services or this Agreement by giving notice to TELUS, and termination of a Service will be effective when TELUS receives the notice or, if the Service requires disconnection and porting to another service provider, upon disconnection.