This is an agreement between you and TELUS Communications Inc. (“TELUS”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of the home security equipment and monitoring, personal safety alert and home automation system control services TELUS provides (the “Services”). The Service Terms, together with TELUS rules and policies applying to the use of the Services, form the agreement between you and TELUS for the Services (the “Agreement”).
By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, “you” refers to the person or business whose name appears on the bill.
TELUS reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving 30 days’ notice. TELUS will notify you of amendments to this Agreement by posting notice of the amendment at telus.com/serviceterms (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Cancellation fees may apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.
1. WHAT TELUS PROVIDES
If you subscribe to SmartHome automation, TELUS will provide you with the ability to monitor activities within your premises remotely through various sensors installed on your premises and connected to the network facilities of your telecommunications service provider, and to program access, heating, lighting and other control systems within your premises. Each monitoring or control function requires a separate piece of equipment that you are responsible for purchasing and installing. If you purchase additional equipment through the TELUS SmartHome Security mobile application, for example, you could purchase additional cameras or sensors to add to your TELUS SmartHome Security automation subscription, your purchase will become part of, and will be subject to the provisions of these Service Terms. If you subscribe to TELUS Security services, TELUS will provide monitoring of the sensors installed to detect intrusions and emergency responder notifications, depending on the nature of the intrusion, where permitted by local security system bylaws. If you subscribe to personal safety alert services, TELUS will provide you with one touch access or fall detection that will automatically connect you with a live agent who can dispatch the necessary emergency personnel. The Services may also include the ability to access and control sensors installed at your premises remotely, through mobile applications or the internet.
TELUS is not responsible for the maintenance or repair of facilities or equipment owned by you, and does not guarantee that the Services will operate with telecommunications services not provided by TELUS. The Services require electrical or battery power to operate, which you must supply at no charge to TELUS, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system.
TELUS may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by TELUS. If TELUS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to TELUS.
If you purchase additional equipment through the TELUS SmartHome Security mobile application, the cost will be added to your upcoming monthly bill after your purchase. You can return equipment purchased through the TELUS SmartHome Security mobile application within 30 days of your purchase date by contacting TELUS at 1-844-741-4965 and the charge will be credited on your upcoming monthly bill.
d) Forced Entry
You acknowledge that providing the Services may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that TELUS is not responsible for the damages so caused and you will indemnify the TELUS Entities and its vendors against any claim made by a third party as a result of such forced entry.
2. YOUR RESPONSIBILITIES
a) Requesting Service
You must supply all facilities and equipment necessary to connect your facilities and equipment to TELUS’ network facilities, including all wiring inside your premises and all monitoring and system control devices. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada. You are responsible for all charges properly billed by TELUS to your account. You are responsible for setting and securing any passwords used to restrict access to the sensors and control equipment used with the Services. You are responsible for complying with local bylaws and strata regulations governing the installation and operation of home security monitoring systems. False alarm fees that any government authority may impose upon TELUS, its vendors, or its agents relating to your use of the Services will be billed to you in arrears.
b) Acceptable Use
You may only use the Services at your premises or, for personal emergency response services, at your premises or where mobility service is available in Canada, for your own personal use, and in compliance with the law. You may not resell the Services nor directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, or otherwise interfere with any TELUS facilities or equipment. You may not use the Services to harass or violate the reasonable privacy expectations of any person. You also agree not to threaten, abuse or harass any TELUS customer representative. If you experience five or more false alarms in any one-month period, TELUS may require that a technician visit your premises to diagnose the issue. Standard fees apply. If a technician visit is not scheduled with thirty days or the issue is unable to be resolved, TELUS may suspend your account until the issue is resolved.
c) Fees and Other Charges
The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as TELUS may determine from time to time. If you use the Services through a mobile application, charges may apply for data usage under your mobility service plan.
Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless TELUS correctly bills the charge within one year from the date it was incurred. In these circumstances, TELUS will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.
d) Service Changes
You may change your Services at any time. Charges for recurring monthly Services billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at telus.com and may change without notice.
e) Payment for the Services
All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement except in the respect of non-forborne services and customers in Quebec which will be subject to a 2% Late Payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. A $25 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.
f) Deposit Requirements
TELUS may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with TELUS or do not provide other proof of creditworthiness satisfactory to TELUS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with TELUS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. TELUS will credit your account monthly with interest on any security deposit required by TELUS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. TELUS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
You are responsible for any damages to TELUS' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person, whether authorized or not to be on the property or premises.
To the fullest extent permitted by applicable law, you agrees to indemnify, defend, release and hold TELUS, and its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, and any of their respective affiliates, shareholders, , partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.
You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, as it may be updated from time to time (the “TELUS Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information, and the personal information of others that you provide, collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.
By using the Services and incurring charges for such use, you authorize TELUS to obtain information about your credit history from credit reporting agencies, credit grantors and other TELUS companies from time to time, and consent to the disclosure of your credit history with TELUS to such entities at any time.
You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services. In addition, with respect to home security monitoring and personal safety alert services, you agree to provide TELUS with up to date address, emergency contacts and any relevant health information you choose to be conveyed to emergency personnel and consent for this information to be provided to companies providing the services.
4. GENERAL TERMS
a) No Warranties
The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. TELUS does not guarantee that you can or will be located using the Services. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS. If you subscribe to security monitoring services, you agree that TELUS is not an insurer and that it is your obligation to maintain adequate insurance coverage.
b) Limitation of Liability
To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “TELUS parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the services. With respect to any direct damages, you agree that the maximum liability of the TELUS parties is limited to a sum not to exceed the greater of: (1) two hundred and fifty dollars ($250.00); or (ii) the fees paid by you to TELUS for the particular services giving rise to the claim in the twelve (12) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS parties arising from or related to the Services: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.
c) Termination and Suspension
Upon the expiry of the term of this Agreement, your Services will continue on a month to month basis until you notify TELUS that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month to month service.
You may terminate this Agreement at any time by notifying TELUS of the date you want the cancellation to be effective. Cancellation fees may apply. If you cancel your service or if TELUS cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is cancelled. Any recurring charges that were billed at the beginning of your billing cycle or any credit balance under five dollars will not be refunded when your service is cancelled. If you want the Services reconnected after cancellation, a reconnection fee may apply.
TELUS may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. TELUS may terminate the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from TELUS, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you. Upon termination of the Services, TELUS shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you
If you use the Services in the operation of a business, any claim, other than the collection of amounts owing to TELUS, relating to (i) your Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.
The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS’ prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.