Voice over Private Internet Connectivity (VoPI) eContract - Service Terms

The following service terms apply to all VoIP Services.

VoIP Services are a group of services offered by TELUS that enable you to make and receive voice and data calls over Internet Protocol (“VoIP”) using communications equipment, software, or systems. These services provide connections to TELUS’ telephone network and exchanges, and access to the Public Switched Telephone Network (“PSTN”).

Service elements and features applicable to each VoIP Service are further detailed in each associated service terms.

Authorized Service Providers

We may use third parties (“Authorized Service Providers”) to assist us in providing some part of or all of the VoIP Services. Certain rights, benefits, privileges and protections given to TELUS under this agreement shall, where indicated, also be granted to the Authorized Service Providers.

Connectivity Requirements

VoIP Services do not include connectivity to access the VoIP Services. You must supply, or contract separately with us to obtain the appropriate connectivity as listed in the service terms for the particular VoIP Service.

For greater clarity, the VoIP Services or the connectivity to access the VoIP Services do not include any Local Area Network (“LAN”) connectivity.

TELUS Connectivity with Quality of Service

If VoIP Services are used with TELUS connectivity that can support Quality of Service (“QoS”), TELUS will work with you to ensure that the connectivity is configured to support QoS, and TELUS will assist in designing the connectivity with appropriate bandwidth and configurations. You must request that such connectivity be configured with options and configuration to support VoIP Services in order to have QoS on the VoIP Services.

The service demarcation point when the VoIP Services are used with such connectivity is at the applicable Customer Interface Unit (“CIU”).

Internet Connectivity

If VoIP Services are used with Internet connectivity, the performance and reliability of the VoIP Services may vary based on the quality of the Internet connectivity, including any cellular network used by you to access the Internet.

The service demarcation point when the VoIP Services are used with such connectivity is at the interconnection between the TELUS network and the public Internet.

Third Party Connectivity

If you are not using connectivity provided by us, you are responsible for resolving any access issues.

IP Addresses

We are using standard IP addressing and routing standards. You must maintain your LAN in accordance with these standards to ensure service functionality. You must ensure traffic is routable to the IP addresses required for the VoIP Services.

IP Telephony Readiness Assessment

We strongly recommend an IP telephony readiness assessment, conducted by TELUS on a time and material basis, prior to TELUS provisioning VoIP Services. The assessment determines whether the applicable portion of your network is capable of supporting the minimum requirements for the provisioning and use of VoIP Services.

Installation

You are responsible for ensuring that your network and connectivity meet the minimum requirements for the VoIP Services given your service usage levels. The failure to do so may affect the quality of the VoIP Services. You shall, at your cost, prepare your site for the installation of VoIP Services in accordance with TELUS’ reasonable instructions. This includes upgrading any of your network infrastructure components in response to any TELUS specified concerns and providing all equipment, software, systems, and services on your side of the demarcation point necessary for use or used in conjunction with VoIP Services. In some cases you will need changes to connectivity already in place that may result in additional charges or changes to your agreement(s) with TELUS for such connectivity services. You are responsible for any additional installation costs incurred by TELUS as a result of your failure to comply with such instructions.

Acceptable Use Policy

When using the VoIP Services, you must comply with our acceptable use policy and IP address policy, published at telus.com/aup (“AUP”). We may change the AUP at any time, at our discretion. We will publish the changed AUP at telus.com/aup, and you are responsible to review the AUP regularly.

Service Administrator

You shall designate a representative as your administrator. The administrator shall be authorized to provide TELUS with instructions, orders, authorizations and other directions, on your behalf, as detailed in these Service Terms. The administrator shall be TELUS’ point of contact for all notices and communications to you relating to VoIP Services. You are responsible for ensuring the administrator contact information is up-to-date.

Billing Information

You are responsible for ensuring the billing address, email address, and contact is up-to-date.

Self-Management Web Portal

Some VoIP Services include one or more self-management web portals (“portals”) that allows for the management of certain aspects of the service by you. You shall:

(a) maintain the security of your user IDs, passwords, PINs, security questions and answers, and similar security safeguards of the VoIP Service and the portals;
(b) be responsible for the actions of any party using the portals, whether such actions are authorized or unauthorized; and
(c) immediately notify TELUS of any unauthorized use of the VoIP Services or the portals or of any other breach of security, and shall provide reasonable assistance to TELUS, as requested, to stop or remedy any breach of security.

TELUS Equipment

Equipment which you purchase from us in connection with the purchase and provision of VoIP Services is listed in the Service Charges. We may also need to install applicable equipment, software, or systems (“service components”) at the service locations in order for TELUS to provide VoIP Services to you. The service components we provide will remain the property of TELUS and must be returned by you to TELUS within thirty (30) days of the cancellation of VoIP Services.

Alternatively, at our discretion, we may decide to recover the service components upon cancellation of the VoIP Services. In such case, you shall provide TELUS, its employees, agents, contractors or representatives, with timely access to the service locations for the purpose of recovering the service components. You will be responsible and liable for all documented or verifiable costs or expenses that we incur in connection with the recovery of the service components, unless the VoIP Services are validly cancelled by you with cause due to our material default. If, following our request to recover the service components, you do not provide required access to the service location for such recovery, you shall pay a reasonable replacement cost for the service components and any other documented or verifiable costs or expenses that TELUS incurs as a result of your failure to comply with such a request. You are responsible for any loss or damage and insurance covering the value of any service components we provide based on a reasonable replacement cost. You cannot sell or transfer rights in the service components and they are to remain free of any lien and/or charge. Our service components installed at your site shall remain moveable property.

You will provide the necessary space, cabinet, electrical power, light, connectivity and security for the service components and store and operate the equipment as specified in any Original Equipment Manufacturer (OEM)-supplied documentation.

Call Recordings

Certain VoIP Services provide a function that allows you to record individual telephone conversations. The applicable laws regarding the notice, notification, and consent requirements for recording conversations vary in different circumstances. In some situations, you are required to obtain consent from all parties to record a conversation. You are solely responsible for complying with all applicable laws in any relevant jurisdiction when using this feature. We and our Authorized Service Providers expressly disclaim all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify us and our Authorized Service Providers from and against any damages or liabilities of any kind related to your recording of any telephone conversations using the VoIP Services.

Intellectual Property Right Infringement

Materials may be accessed or made available via the VoIP Services by you or third parties. We are under no obligation to review, and do not review, content transmitted, sent, or received using the VoIP Services for purposes of determining infringement of intellectual property rights. However, we reserve the right to cancel access to the VoIP Services if you or a user infringes on any intellectual property rights. You are responsible for ensuring that you have the appropriate licenses or rights, and the payment of related fees, to access or make applicable audio and video content available via the VoIP Services.

Security

You are responsible for the security of your network, for implementing your own security policies, and for obtaining any security services to protect your network and your assets.

Property Rights and Changes

TELUS may assign a telephone number for your use with the VoIP Services. Subject to any rights you may have under applicable laws, including any right to port a telephone number to another carrier, you will not own or have property rights or any other rights in the telephone numbers assigned for your use with the VoIP Services and we may change any such telephone numbers, without liability, by giving you advance notice, where required by applicable laws or as directed by i) the CRTC, ii) the Canadian Numbering Administrator or iii) other third party numbering authority.

Unlisted Numbers

You acknowledge that when anyone uses the VoIP Services to make a call to someone with a call display service, the telephone number may be displayed, even if it is unlisted. We may also use that telephone number for call trace service. Our commitment in this agreement to keep your information confidential does not apply to the display or use of the telephone number in these circumstances.

Porting and Availability

You authorize TELUS to make the necessary arrangements or changes in service with your former carrier or service provider to transfer or port any telephone numbers specified by you to the VoIP Services. You also authorize us to have your former carrier or service provider transfer or disconnect these telephone numbers. The transfer or porting of the telephone numbers can cause a temporary interruption of your voice services. You will execute any authorizations required by other companies in order for us to provide the VoIP Services. A one time charge may apply for every request to transfer or port telephone numbers to the VoIP Services.

We shall use reasonable efforts to facilitate your requests to transfer or port telephone numbers, provided that you comply with the necessary and specific procedures for porting between service providers.

TELUS and our Authorized Service Providers transfer or port telephone numbers in accordance with applicable regulatory rules and industry guidelines, and we are required to provide very specific and detailed information and requirements when completing a request to transfer or port telephone numbers.

In order to transfer or port out telephone numbers from the VoIP Services, you should follow the procedures of your new service provider. You understand that transferring or porting out telephone numbers from the VoIP Services to a new carrier or service provider does not automatically cancel the VoIP Services.

For porting numbers out of your account, you should follow the procedures of your new service provider. You understand that porting your number out of your account does not automatically cancel your account.

Telephone number porting is defined and regulated by the CRTC. Visit www.crtc.gc.ca to learn more about number porting.

We cannot guarantee that requested telephone numbers shall be available, that your existing carrier or service provider will port your telephone number, or that circumstances beyond our control will not prevent or delay a successful port of your telephone number to the VoIP Services. You 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 you verify that the telephone number is active on the VoIP Services. Neither we nor any Authorized Service Providers or their respective Affiliates will be liable for reimbursement for press releases, business cards, stationary, or similar materials under any conditions.

Description

With traditional enhanced 9-1-1, when a caller dials 9-1-1, the call is automatically routed to the serving emergency service call answering point and in cases where the caller is unable to speak, emergency services will be dispatched to the address associated with the calling phone number. With VoIP 9-1-1 there is no physical address associated to the service due to the service having the ability to be nomadic. As such, calls placed to 9-1-1 via the VoIP Services are routed to an emergency operator, who will determine, from the information obtained from the caller, where the caller is located and then transfer the caller to the correct emergency service answering point.

Portal

As a result, a web portal is available as specified in the service terms for the particular VoIP Service for you to update current physical locations online for the purposes of dispatching emergency services in cases where a caller cannot communicate with one of the emergency operators. It is your sole responsibility to enter and update the current location and ensure that information is accurate. If the information is entered incorrectly, or if you fail to update the current location in the portal, or fails to update it on time, 9-1-1 emergency calls may be directed to an incorrect location and emergency services may not be dispatched to the location from which 9-1-1 was called. The portal is operational in Canada only and does not accept locations outside of Canada. You expressly authorize us and our affiliates to use and disclose the information entered in the portal and will obtain the necessary authorizations from your callers for same if applicable. We are not liable for any damages or losses, direct or indirect, arising from or relating to your use of the portal.

Your Responsibility

It is your sole responsibility to inform all users and potential users of the VoIP service of the nature and limitations of the VoIP 9-1-1 service when compared to traditional enhanced 9-1-1 offered with analog voice services. We may provide you with stickers for its phones to achieve that end.

Limitations

Furthermore, VoIP 9-1-1 service is subject to more variables and limitations than enhanced 9-1-1 service, including dependency on uninterrupted provision of power and network connection. Consequently, it is your sole responsibility to implement, at your cost, emergency backup systems such as analog backup telephone lines, cellular telephones and an uninterruptible power supply (UPS) system, as well as user training.

In addition to any exclusion specified elsewhere in the Agreement, the total liability of us (and of the emergency services provider) toward you or any users for any and all claims of any nature howsoever relating to or arising out of specifically of the provision of VoIP 9-1-1 service, whether based in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by you for the VoIP Services in association with which the VoIP 9-1-1 service is provided during the twelve months period immediately preceding the event which gave rise to the claims.

Compatibility

VoIP Services are not guaranteed to be compatible with IP telephony equipment, software, or systems that are not expressly certified by TELUS. The equipment, software, or systems that you use 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 VoIP Services or for the proper operation of the VoIP Services. Such standards may change from time to time at TELUS’ sole discretion. Unless otherwise advised by TELUS, you are solely responsible for updating and maintaining your equipment, software, or systems you use in conjunction with VoIP Services as necessary to meet TELUS’ standards.

Unlimited Plans

Some VoIP Services are offered on an “unlimited” basis. Unlimited plans exclude:

(a) certain high cost rate centres as determined by TELUS from time to time; and
(b) operator-assisted calls, forwarded calls, or other calls that are not directly dialed to the final destination.

Automatic Dialers

You may use automatic dialers (autodialers) with VoIP Services if you do not exceed calls per second limits set by TELUS or cause congestion or outages that affect the TELUS core switching network infrastructure or the use of the VoIP Services by other TELUS customers. TELUS is not liable for any costs, damages, or other amounts resulting from any limitations in the VoIP Services in connection with your use of automatic dialers.

TELUS is hereby authorized, without incurring any liability to you and without prior notice to you, to temporarily restrict or suspend the VoIP Services if you violate the restrictions set forth in this section.

Assisting with Problem Determination

Where TELUS has assisted in problem determination and has determined that a VoIP Service outage or other problem was not caused by TELUS, we may bill you for such assistance. We shall provide you 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.

Directory Listings

While TELUS makes reasonable efforts to accurately convey the information required for directory listings, we are not liable for any error, omission or oversight that may occur.

TELUS may perform maintenance activities during scheduled maintenance periods, or at other times when necessary. TELUS’ maintenance schedule is published at telus.com/maintenance, but TELUS may change the maintenance schedule. If we change the maintenance schedule or if we need to perform maintenance outside of scheduled maintenance periods, TELUS will send you an email. In order to make sure you receive the email, you must keep us informed of the correct email address and make sure the email address is able to receive email.

MAC

You may at any time, at applicable charges and subject to receiving a confirmation from us each time, request moves, adds, and changes (collectively “MACs”) by contacting us, or in some cases, by using the available portal. If coordinated cut-over activities are required outside of business hours, overtime charges will apply.

By continuing to use VoIP Services as changed, after receipt by you of a bill from us reflecting any requested MAC, you are deemed to have accepted i) the MAC and that this Agreement has been amended with respect to VoIP Services provided by us and ii) that our records with respect to the changed VoIP services are a complete and accurate record of the VoIP Services contracted by you.
Certain MACs may require changes by you to your network and connectivity and those changes may impact the applicable delivery interval(s) for the VoIP Services or MAC. Additional charges may apply for changes to your network and connectivity.

Relocation

Changes in the environment or location of any service components at your site shall require our prior written consent.

The service terms in this subsection apply to Voice over Private Internet connectivity (VoPI™) connectivity services specified in the Service Charges table (“VoPI Connectivity Services”). VoPI Connectivity Services are only available with VoIP Services.

General Description

VoPI Connectivity Services are a group of services offered by TELUS that enables delivery of VoIP Services you purchase from us. VoPI Connectivity Services connect your local area network to the Internet using Internet Protocol (“IP”).

Each VoPI Connectivity Service consists of an Internet access line delivered to your service location and TELUS equipment installed at your service location. Our equipment is equipped with a port for connection to your network. The VoPI Connectivity Service ends at that port. Our equipment is usually located in a common telecommunications area at your service location.

Service Elements and Features

Technology

VoPI Connectivity Services can be delivered to your service location using xDSL, cable, fibre or T1 technology. Each VoPI Connectivity Service you purchase from us can be characterized by its own access speed expressed in megabits per second, as well as its own access technology. Terms contained in the sections of this agreement apply to all VoPI Connectivity Services unless a particular technology is specified.

Managed router

For each VoPI Connectivity Service, we will also provide a TELUS owned and managed router that is installed at your service location.

Remote access

For each VoPI Connectivity Service, we will configure TELUS provided equipment at your service location to accept remote management connections from our personnel. We use remote access to support and maintain your VoPI Connectivity Service or associated VoIP Service. We may use this remote access without prior notice to you. In addition to remote access capabilities, we may still require your reasonable assistance to troubleshoot TELUS equipment at your service location.

Service Issues

If you experience degradation of the VoPI Connectivity Service in the first forty-five (45) days of the service period, we will investigate and try to provide a workaround. If we cannot find a workaround within fifteen (15) business days and the degradation is not caused by you, your network, your other services, the networks or equipment of another carrier or service provider, or other events beyond our reasonable control, you may terminate the affected VoPI Connectivity Service without having to pay any cancellation charge.

Installation and Infrastructure

Unforeseen Costs

If we determine during installation of a VoPI Connectivity Service at a service location that either the necessary infrastructure for installation of the VoPI Connectivity Service is not available, or you do not agree to pay for unforeseen costs to complete the construction or installation of the necessary infrastructure or VoPI Connectivity Service, we have the right to cancel the VoPI Connectivity Service at that service location. We will have no liability to you for such cancellation of the VoPI Connectivity Service.

Maintenance Activities

We are responsible for maintaining our network. We may perform maintenance activities during scheduled maintenance periods, or at other times when necessary. If we believe that maintenance activity may affect your service, we will send you an email. In order to make sure you receive the email, you must keep us informed of the correct email address and make sure the email address is able to receive emails.

Security

You are responsible for the security of your network, for implementing your own security policies, and for obtaining any security services to protect your network and assets.

Your Responsibilities

Network Management

You are responsible for:

• maintaining your local area network and non-conflicting local IP addresses;
• configuring your network to route voice services packets as instructed by us;
• keeping VoPI Connectivity Services free of Internet traffic other than that required for delivery of VoIP Services, or if such traffic is present, configuring your network to not affect VoIP Services performance.

Specific Conditions

Limitations

The effectiveness of VoPI Connectivity Services, including the TELUS owned and managed router, is limited by the performance of the underlying access technology. When access technology is xDSL or cable, the amount of bandwidth available for voice calls may be reduced due to line quality, distance, or other factors.

Service Performance

Service Availability Threshold

VoPI Connectivity Services come with a service availability threshold. Where we fail to achieve the service availability threshold in any month we will provide you with the applicable credit indicated in the table below, provided you request such credit within thirty (30) days following the end of the month during which the failure has occurred. The payment of the credit is your sole remedy for a failure by us to meet the service availability threshold and such a failure shall not be considered a breach or default of this agreement.

Credit

This table sets out the service availability targets and credit calculation for different VoPI Services:

The service availability threshold is the percentage of time in a calendar month that the VoPI Connectivity Service should be available for your use on a per VoPI Connectivity Service basis. We measure periods of service unavailability starting with the moment you open a incident ticket with us ending with the resolution of the incident. We may also use remote monitoring and other systems to measure the actual service availability. When we measure and calculate the result, we assume each month is thirty (30) days, but we include all periods of unavailability over the calendar month, except for any period of unavailability that is caused or contributed to by (also called excusable downtime):

• networks or equipment of another carrier or service provider,
• you, your network, or your other services,
• an event beyond our reasonable control, or
• any period of unavailability that occurs when we are performing maintenance activities.

The credit is a percentage of the fixed monthly charge for the affected VoPI Connectivity Service up to a maximum of 80% of that fixed monthly charge.

Service Cancellation

Cancellation Charge

When a VoPI Connectivity Service is cancelled prior to the expiry of the service period, we calculate the service cancellation charge based on the service period you selected for that VoPI Connectivity Service. The service cancellation charge is 100% of the total fixed monthly charges remaining in your service period.

Waiver

We may, at our discretion, waive the service cancellation charge if you replace the cancelled VoPI Connectivity Service with another TELUS Service with total monthly fixed charges greater than the total monthly fixed charges remaining in the service period at the same service location of the cancelled service.

Equipment

Should your VoPI Connectivity Service be cancelled, you will be charged for any equipment which you do not return to us within thirty (30) days of cancellation.