General Terms and Conditions - Canada

TELUS agrees to provide you with each service for the service period listed in Your Services & Summary Charges table. The service period begins when all services are installed by TELUS, unless an earlier date is stated in our record. 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 the Services Charges table at the end of the contract 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 Services Charges table until:

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.

If you are a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576:

For TELUS to successfully install the services, we require you to prepare each service location or take other steps.

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.

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:

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.

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.

The charges for the services are called the “service charges”, and include all charges in Your Services & Summary Charges table and any standard charges. The service charges for a service include one or more of the following:

This charge applies once for items such as construction, installation, overage, or additional labour.

This charge applies each month and will not change during the service period.

This charge applies each month but may change each month depending on quantity, your usage, or other reasons.

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, beginning when services are installed. You agree to pay all service charges, other charges, and applicable taxes 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 26.83% 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.

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 additional one-time and 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 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 charge any fees, directly or indirectly, for using the service. Also, you must not:

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 services, other than your name, address, and listed telephone number, 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:

By “express consent” we mean:

By signing this agreement, you are giving us your written consent that we may also disclose information about you or your service to:

We are responsible for complying with Canadian privacy legislation (including the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar Canadian provincial privacy legislation) as such is applicable to us in the provision of the services under this agreement. Our commitment to the protection of personal information is further detailed in our TELUS Business Customer Privacy Policy available at

www.telus.com/businessprivacy

. Our provision of the services is subject to this policy. This policy may be updated by TELUS from time to time. The amended policy will be posted at the location above and notice of the change will be provided by invoice notification, email or otherwise. Unless otherwise indicated, the effective date of the amended policy will be the date of posting. Your continued use of the services after such date will be deemed to constitute the acceptance of the amended policy. As we do not have a direct contractual relationship with your end users of the service, we rely on and require that you ensure that you have obtained all necessary consents from such end users, provided all necessary notices to end users, and otherwise have all necessary authority to permit the collection, use or disclosure of personal information by and between you and us (and our suppliers).

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 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.

You must not assign this agreement without our advance written consent, including any assignment as part of the sale of your business.

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.

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.

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. 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 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.

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.

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.

Vous convenez avoir expressément demandé que le contrat soit rédigé en anglais. You acknowledge that you have expressly required that this agreement be drafted in the English language. You agree to expressly waive the application of 2125 of the Civil Code of Québec and you will pay the service cancellation charges as set out in this agreement.