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Workplace as a service - Communication Service Agreement - Advanced Online Terms
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The following Service Terms, which consist of Part A General Terms and Part B Service Specific Terms, are linked to, and form part of, your Communications Services Agreement with us (this “agreement”). If there is any conflict or inconsistency between these Service Terms and the Service Terms Summary section of this agreement, these Service Terms will take precedence.
A. General Terms
1.0 Limit on Liability
The service performance commitment that applies to a service, if any, is your only remedy for any problem with a service. We do not guarantee timely, secure, error-free or uninterrupted services. To the extent permitted by law, legal warranties and conditions (implied or statutory) do not apply to the services.
Our 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.
We 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 we are aware that such losses are possible.
The limitations and exclusions in this section apply to all claims, in total, made against us and our affiliates, whether a claim is made in contract, tort (including negligence), statute or otherwise.
2.0 Service Period
We agree to provide you with each service for the service period listed in the table in the Services & Charges Summary section of this agreement. The service period begins once the service is installed at your first service location. 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 Summary section of this agreement for a service at a service location will not change during the service period. After the service period ends, we will continue to provide the service from month to month for the monthly charges listed in the Services & Charges Summary section until:
This agreement remains in effect for as long as we continue to provide any of the services to you. We may cancel a service at any time by giving advance notice to you if we are turning down the service for all of our customers.
If you are a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576:
3.0 Charges and Payment
The charges for the services are called the “service charges”, and include all charges in the Services & Charges Summary section of this agreement together with any standard charges. Your service charges are comprised of one or more of the following:
One Time Charge
This charge applies once for items such as construction, installation, overage or additional labour.
Monthly Fixed Charge
This charge applies each month and will not change during the service period.
Monthly Variable Charge
This charge applies each month but may change each month depending on quantity, your usage or other reasons.
Standard Charge
This charge applies to optional service features and is the same for all of our 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 our standard charges.
Service charges also include any other applicable charges, including late payment charges, government charges that we are required to bill and collect by law and service cancellation charges.
We will bill you each month for the service charges and applicable taxes commencing on the start of the service period. You agree to pay all service 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 are required to pay late payment charges calculated at 2.0% per month (compounded to 26.82% per year). We may restrict, suspend or cancel any services if you fail to pay any amount due but only after giving you at least 10 days’ advance notice at your billing address. If we cancel a service because of your non-payment you must also pay the service cancellation charges.
4.0 Use
You are responsible for use of the services by anyone through your devices or systems or by anyone that you allow to 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:
(a) use the service in a way designed to avoid payment of service charges,
(b) use the service in a way that interferes with the use of our network by other persons,
(c) change or interfere with the services or the equipment we use to provide the services, or
(d) use the services unlawfully.
In addition, in using the services you agree to comply, and to ensure your users comply, with our Acceptable Use Policy and IP address policy, published at (“AUP”). We may change the AUP at any time and you agree that us publishing the amended AUP at the above location shall be sufficient notice of the changes to you.
www.telus.com/aup
We may immediately restrict, suspend or cancel a service where misused, which includes your failure to comply with this section. If we cancel a service you must also pay the service cancellation charges.
5.0 Readiness Requirements
In order for us to successfully install the services you must prepare each service location and take the other readiness steps described in this section. A delay by you in completing these readiness steps may delay the installation of the service.
Authorizations. For us to make arrangements with your previous service provider or other service providers we may require you to provide us with signed authorizations or consents.
Access to Service Location. Where a service location is at your site you must provide us with 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:
(a) meeting any requirements of the landlord, building owner or manager or any other person at the service location necessary for us to install and maintain the service,
(b) obtaining any rights or consents and paying any fees required by any of these persons relating to the installation or maintenance of the service, and
(c) arranging for conduit and power installation, design submissions and installation approvals.
Equipment and Network Provided by You. You are responsible for providing, installing and maintaining compatible equipment, cabling and connections that connect to the service connection or that you use with the service.
Equipment Provided by Us. 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.
6.0 Changes
At any time you may ask us to move a service, add a service to an existing service location or a new service location, remove a service or make other changes. To move a service you may be required to pay additional one-time and monthly service charges at the new service location. To add a service you will be required to pay additional one-time and monthly service charges. To make other changes you may be required to pay additional one-time or monthly service charges, or both.
To remove a service before the end of the service period, including in connection with moving a service, you will be required to pay service cancellation charges. Details of these service cancellation charges are set out in Part B of these 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 a change by contacting the telephone number on your bill. We will not make any changes or charge you additional service charges until you have agreed to the change in writing.
7.0 Confidentiality
All information that we keep about you and your service, 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 will not be disclosed by us 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:
8.0 Additional Terms
Assignment of Agreement. You must not assign this agreement without our prior written consent, including any assignment as part of the sale of your business.
Notices. If you are required to give a notice to us under this agreement you must give the notice by telephone to the number shown on your bill. If we are required to give a notice to you under this agreement we must give the notice to you in writing to your billing address.
Affiliates. For the purposes of this agreement 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.
Claims. 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, arbitration. You also waive any right to start or participate in any class action against us relating to the services or this agreement. 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 us or to your rights to make a complaint to any administrative authority that has jurisdiction over us or the services.
Confidential Agreement. This agreement is confidential. You must not disclose any part of this agreement except with the prior written consent of us or when required by law or any order of a court or other lawful authority.
Counterparts. This agreement may be executed in any number of counterparts which may be exchanged by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
Force Majeure. We are not responsible for the performance of, and will not be 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 our reasonable control.
B. Service Specific Terms - TELUS Workplace as a Service Advanced
The terms in this section apply to TELUS Workplace as a Service Advanced service.
1.0 General Description
TELUS Workplace as a Service Advanced is a service which bundles networking, security, local area network and Wi-Fi with unified cloud collaboration services into a single integrated package. These services are fully managed and supported by us and provided to your service location(s) on a high-speed Internet access.
1.1 Service Types and Features
Service Plans
TELUS Workplace as a Service Advanced is available in the following service plans:
Standard Service Elements and Features Summary
The following standard service elements and features, as selected by you, are available as part of TELUS Workplace as a Service Advanced. Further detail on these service elements and features is provided below.
The table in the Service & Charges Summary section of this agreement sets out the service plan and standard service elements and features selected by you.
Standard Service Elements and Features Details
Internet Access - We provide TELUS Workplace as a Service Advanced over either a High Speed Internet (HSIA) or Managed Business Internet (Managed BI) access.
High Speed Internet Access is an unmanaged access which connects your location to the Internet using a modem installed at your premises.
HSIA is available in the following tiers:
The actual speed of your HSIA access may vary depending on location, technology used, server configurations, network congestion, usage of services (including number of users) and other factors. We do not guarantee that you will reach the maximum speed of the selected tier.
Managed Business Internet is a dedicated managed access which connects your location to the Internet using a modem installed at your premises and which is not shared over the Internet.
Managed BI is available in the following tiers:
Managed BI is available with the following usage options:
If the 95th percentile usage option is available for a particular tier and you have selected that tier, you may transfer data through the service connection at a higher rate than the designated maximum rate for the tier, up to the maximum bursting rate.
We measure the actual bursting rate by sampling data sent and received through the Managed BI connection during the monthly billing period. The samples are then sorted from the highest transfer rate to the lowest and the five percent of samples with the highest transfer rate are removed from the calculation. The actual transfer rate of the next highest remaining sample is rounded up to the nearest Mbps and is used as the actual bursting rate for that monthly billing period.
Network as a Service (NaaS) is a managed Internet based networking service which enables you to create private networks between your locations and manage your data across applications, allows for the addition of security features, and provides resiliency in through an LTE wireless connectivity failover. NaaS allows you to group traffic based on flows with each group having a Quality of Experience (QoE) priority assigned to it. NaaS also includes VPN functionality with encryption.
If you have selected HSIA for your access NaaS will be part of your TELUS Workplace as a Service Advanced.
If you have selected Managed BI for your access and do not need to network multiple locations you have the option to exclude NaaS from your TELUS Workplace as a Service Advanced service.
NaaS is available in the following tiers:
Where there is a difference between your available Maximum Bandwidth for HSIA or Managed BI and the Maximum Bandwidth for NaaS for the tier you have selected, the actual maximum bandwidth available to you will be the lower of the two.
Unified Collaboration (also called TELUS Business Connect™) is a unified Voice over Internet Protocol (VoIP) communication service which enables you to manage calls, collaborate across locations and use audio/video conferencing tools.
Business Connect™ is available in the following tiers:
We provide Business Connect™ on a per user basis, with each user receiving a license to use one VoIP phone line. If you will have multiple users of the service on your account you will need to purchase a separate VoIP phone line for each user.
Optional Features
The following optional features are available for TELUS Workplace as a Service Advanced for an additional charge. Please see the Services & Charges Summary table in this agreement for applicable rates.
Managed Next Generation Firewall
NGFW is available in the following tiers:
Throughput is based on total traffic, in both directions, going through the firewall at any time. Site to site communications on your network use NaaS Internet VPN and won’t go through the NGFW. Maximum throughput is an estimate and does not represent a commitment by us that such throughput will actually be available. There are multiple factors that influence actual throughput capacity, including the features enabled, packet size, number of VPNs and access speed.
NGFW may be provisioned using facilities located outside Canada which may result in your data being transmitted or stored outside Canada.
NGFW does not incorporate anti-virus protection. We provide no assurances relating to, and are not responsible for, the detection or prevention of viruses or the effect that viruses may have on your hardware, software, LAN or facilities including any virus which may be introduced while the services are being provisioned.
We provide enhanced change management support for NGFW designed to implement updates and changes in a timely manner. Changes may be requested by you or initiated by us and can include software updates and service enhancements. Change management support is available in an Essential Tier (included) and an Advanced Tier (optional). We will provide you particulars of the support available at the time of installation of NGFW.
1.2 Responsibilities
The following table sets out our respective responsibilities related to TELUS Workplace as a Service Advanced.
1.3 Services Infrastructure
Network Maintenance
From time-to-time we will conduct maintenance activities to maintain the performance and reliability of your network connection(s). We will inform you of such maintenance activities via e-mail notification to the e-mail address you provided us at the time of installing the services.
Replacement of TELUS Provided Devices
Should a device provided by us at your location for the NaaS, Wi-Fi or LAN services malfunction or cease working we will replace the device at no cost within one business day of being notified where overnight courier is available.
For all other TELUS Workplace as a Service Advanced devices provided by us at your location, should such equipment malfunction or cease working we will replace it at no cost on a commercially reasonable efforts basis.
Unforeseen Costs
If we determine in our discretion that the necessary infrastructure is not available at a particular service location, or you do not agree to pay for unforeseen costs to complete the installation of the necessary infrastructure at a particular service location, we may cancel the service at that service location. You will not be required to pay the service cancellation charge. We will return any installation fees for the location which you have already paid.
1.4 Service Performance Commitment
Managed BI and HSIA (with NaaS) come with a Service Availability Threshold performance commitment. 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. The payment of the credit is your sole remedy for a failure by us to meet the Service Availability Threshold and such a failure will not be considered a breach of this agreement by us.
The Service Availability Threshold is the percentage of time in a calendar month that the service should be available for your use on a per service location basis. The service is deemed available at a service location if it is being provided through either the primary or the backup access for the service location. We use remote monitoring and other systems to measure the actual availability result at a location over a month and express the result as a percentage. When we measure and calculate the result we assume each month is 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:
(a) networks or equipment of another carrier or service provider,
(b) you, your network or your other services,
(c) an event beyond our reasonable control, or
(d) any period of unavailability that occurs when we are performing maintenance activities.
The credit is calculated as a percentage of the fixed monthly charge for the service at the affected service location up to a maximum of 80% of that fixed monthly charge.
1.5 Charges
We charge on a per user basis for the Unified Collaboration Services (Business Connect™) component of TELUS Workplace as a Service Advanced and on a per service location or per use basis for the other components of TELUS Workplace as a Service Advanced.
Charges associated with the installation are included in the monthly rates. These charges are set out on the Service & Summary Charges section of this agreement. You have the option to pay these charges as a one-time charge at time of installation or as a monthly charge during the service period. Additional construction or cabling charges for HSIA or Managed BI may apply at the time of installation.
Where you have ordered NGFW you have the option to pay the initial configuration charges as a one-time charge at time of installation or as a monthly charge during the service period. Any additional configuration support you may request during the service period will be chargeable at our then current rate in blocks of 6 hours.
1.6 Security
We provide a built-in transmission control protocol (TCP) firewall as part of NaaS. You are responsible for all other security elements of your network, including implementing your own security policies and obtaining any other security services necessary to protect your network.
1.7 Changes
Notwithstanding Section 6 of Part A of this agreement (Changes):
(a) you may not upgrade or change your TELUS Workplace as a Service Advanced access prior to 3 months from the date of installation of the access, and
(b) if you wish to remove or cancel an individual TELUS Workplace as a Service Advanced service other than in connection with an upgrade of that service you must cancel TELUS Workplace as a Service Advanced in its entirety.
1.8 Cancellation Charges
When TELUS Workplace as a Service Advanced is cancelled prior to the expiry of the service period, we calculate the service cancellation charge using the table below, based on the service period you selected. The service cancellation charge is a percentage of the total fixed monthly charges remaining in the service period after cancellation:
We may, at our discretion, waive the service cancellation charge if you replace the cancelled service with another service offered by us where the value of the replacement service is greater than the value of the cancelled service(s).
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