Business Internet Dedicated Terms and Conditions

The Service Terms and Conditions in this sub-section apply only to the Customer-Managed Business Internet Bundles Services (“Customer-Managed BI Bundles Service”) specified in the Solution Details.

Customer-Managed BI Bundles Service is a network access service used for Customer LAN interconnection to the Internet using the Internet Protocol (“IP”). Customer-Managed BI Bundles Service is provisioned from the TELUS core network and includes access to the Customer Site. Bandwidth Options are described in the following table, and the Bandwidth Option selected by the Customer is specified in the Solution Details.

Customer-Managed BI Bundles Service is provisioned using a dedicated facility from the TELUS point of presence to the Customer Site, and terminates on a TELUS Service Demarcation device located in the master telephone room at the Customer Site. In-building Service Components required to install Customer-Managed BI Bundles Service at that Site will be included to a maximum cost of $2000. Optionally, the TELUS Service Demarcation device may be located elsewhere within the building using Customer-provided in-building service components. For connection to the Customer's LAN equipment, the TELUS Service Demarcation device will be equipped with one V.35 interface for copper 1.5 Mbps service, or one 10BaseT-HDX/FDX port for service speeds at or below 10.0 Mbps or one 100BaseT-HDX/FDX port for service speeds from 12 Mbps to 100 Mbps, or 1000BaseT-HDX/FDX for speed exceeding 100 Mbps. The Service Demarcation will be at the LAN interface port on the TELUS Service Demarcation device.

In addition to the fixed monthly charges, variable Internet usage charges may apply for this Service. All usage charges will be billed monthly per individual Customer access, based on the total gigabytes of traffic sent and received on Pay as you go option, or based on the minimum bandwidth commitment and the higher of the over usage sent or received on 95thPercentile billing method. Usage Options are described in the following table and the Usage Option selected by the Customer is specified in the Solution Details.

: Usage is compiled by sampling all data traversing the Customer's connection to TELUS, both inbound and outbound. Frequent samples are taken throughout the billing month of the Customers traffic (approximately every 5 minutes). The greater of the inbound or outbound traffic samples are then sorted from highest to lowest, and the top five percent of the samples are removed. The highest remaining sample is taken as the sustained rate, which is rounded up to the nearest Mbps to determine what number of Mbps the Customer will be charged, billed one month in arrears. If the Customer does not burst above the minimum monthly bandwidth selected for this burstable option, no additional usage will be charged.

The Customer cannot change Usage Options for at least 3 consecutive months, and will be charged $250.00 for downgrading Usage Options (Usage Option 2 being the highest grade).

Customer-Managed BI Bundles Service will be provisioned in accordance with IP addressing and routing standards, and the Customer must ensure non-conflicting LAN address practices are maintained within the network plan. If TELUS provides the IP addresses to the Customer, these addresses shall be governed by the TELUS IP address policy. If the Customer provides the IP addresses, the Customer must assign one IP address for use as the IP address of the the TELUS Service Demarcation device, and must also set that address as the default gateway for every device at that Site. The Customer is responsible for any equipment or facilities required to complete the connection between the Service Demarcation and the Customer’s LAN, and to add or connect Customer-Managed BI Bundles Service to the Customer’s LAN media, or to extend the Service Demarcation beyond the master telephone room.

For Customer Sites in Canada, TELUS will provide, as part of the Service Components and at its expense, an analog telephone line (the “Maintenance Access Line”) between the Customer Site and TELUS’ network facilities, for TELUS’ use in maintaining other Service Components located at that Customer Site. For Customer Sites outside Canada, the Customer must procure, at its expense, the Maintenance Access Line for TELUS’ use and must provide the Maintenance Access Line telephone number to TELUS. The Customer is responsible for ensuring that the Maintenance Access Line is always connected to the Service Component specified by TELUS, and for ensuring that no other devices, such as telephones, facsimile machines, or modems, are connected to the Maintenance Access Line at any time. The Customer may not use the Maintenance Access Line, whether provided by TELUS or by the Customer, for any purpose at any time. Any long distance calls that are originated from any Maintenance Access Line provided by TELUS by any person other than TELUS will be billed to the Customer at a rate of not less than $1.00 per minute or part thereof. The Customer is responsible for all charges, losses, costs, liabilities and damages of any kind whatsoever related to the use of the Maintenance Access Line by the Customer or any person other than TELUS.

Despite any other terms and conditions in this Agreement, if the Maintenance Access Line at any Customer Site is disconnected from the Service Component specified by TELUS at any time during a calendar month, or if the maintenance Access Line Is used for any purpose by any person other than TELUS during a calendar month, then TELUS will not apply any Service Level Credits at that Customer Site for that calendar month.

Customer-Managed BI Bundles Service does not include troubleshooting problems with the Customer Router and/or associated software protocol layers. Service assurance for Customer-reported troubles will consist of resolving availability of the Customer-Managed Business Internet. Customer requests for additional investigation are available, for additional charges on a time and materials basis, at prevailing TELUS hourly service rates.