Business Anywhere Plus High Speed Internet - Terms and Conditions

These Service Terms form part of the agreement between the Customer and TELUS for Business Anywhere Plus and apply to the Customer’s use of High Speed Internet Access Service.

High Speed Internet Access Service (“Internet Service”)provides the Customer with Internet access and the service features specified in the Order Details. High Speed Internet Access Service is generally described at http://www.mytelus.com/internet/display.do (the “Services Website”) as may be updated from time to time.

During the registration process for Internet Service, the Customer may be required to indicate acceptance of an on-line TELUS Internet Services Account Agreement. These Service Terms supersede, override and replace the terms of any such on-line agreement.

TELUS has the right to amend these Service Terms at any time. However, TELUS will use commercially reasonable efforts to notify the Customer, by email or other means, of any such amendments before such amendments become effective. Each time the Customer uses Internet Service reaffirms the Customer’s acceptance of the then-current version of the Service Terms. If the Customer does not agree to any amendment to these Service Terms, the Customer must immediately cease any use of Internet Service and notify TELUS of termination in accordance with the Agreement.

The Customer represents and warrants that it possesses the legal right and ability to enter into the Agreement as it relates to Internet Service and use Internet Service in accordance with these Service Terms.As the Internet Service account holder, the Customer is solely responsible and liable for any and all activities that occur under the Customer’s account, including all activities of any sub-account holders. The Customer is responsible for maintenance of all passwords related to its account. The Customer is also responsible for maintaining the confidentiality of its account and all passwords related to its account. The Customer shall immediately notify TELUS of any unauthorized use of the Customer’s account or any passwords related to its account or of any other breach of security, and shall provide assistance to TELUS, as requested, to stop and/or remedy any breach of security.

The Customer shall provide true, current, accurate and complete customer information as prompted by TELUS’ registration processes or as otherwise requested by TELUS or its agents and the Customer shall promptly notify TELUS of any changes to this information as required to keep it current, complete and accurate.The Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information collected in connection with provision and/or use of Internet Service (whether previously collected or to be collected) solely for the purposes identified in the TELUS Privacy Commitment published at http://www.telus.com/privacy/privacy.html (the “TPC”), if applicable to the Customer.The Customer expressly consents to the collection, use and disclosure by TELUS and its agents of the Customer's information, content and materials (including personal information) to the extent such collection, use and disclosure is authorized under paragraph 2 of this sub-section 5 and paragraph 3 of sub-section 16.

The Customer agrees to pay all fees and charges incurred (and applicable taxes) which relate to the provision and/or use of Internet Service through its account in accordance with the rates and charges specified in the Order Details. Fees are non-refundable, except as otherwise explicitly provided in these Service Terms.

The Customer must ensure that its equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to Internet Service. TELUS shall post such minimum system requirements on the Services Website or otherwise notify the Customer of such requirements. Such requirements may change from time to time, without notice, in TELUS' sole discretion.Internet Service is subject to the availability of suitable equipment and facilities and consequently all service plans and features are not available at all locations.Final confirmation of availability of Internet Service cannot occur until the Internet Service equipment is installed at the Customer’s premises.The Customer is not permitted to operate an email, web, news or other similar server through its Internet Service account, except where such use is expressly permitted under the Customer's service plan.Reverse engineering of Internet Service is not permitted. This means that the Customer cannot have a higher upload than download speed.TELUS does not guarantee that Internet Service will operate with all equipment or software, including all Internet applications and appliances.Signal range and penetration of the wireless capabilities of Internet Service will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and the Customer's computer(s). The wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.When using the wireless capabilities of Internet Service to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to the Customer's computer system or Internet Service account. The Customer should take all appropriate security precautions when using such wireless capabilities including encrypting its network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on its network, and disabling computer file sharing capabilities when moving its computer outside of its home/office network. TELUS shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of the wireless capabilities of Internet Service including those resulting from the Customer's use of file sharing, print sharing or other functions that may allow others to gain access to the Customer's computer, network or the contents of its transmissions.

TELUS may establish general practices and limits concerning use of Internet Service,including the maximum size of any email message that may be sent from or received by an Internet Service account, the maximum disk space that will be allotted on TELUS’servers on the Customer’s behalf, the maximum amount of data that may be sent from or received by an Internet Service account and the maximum number of days that email messages will be stored on TELUS’ servers. Such general practices and limits shall be posted on the Services Website or otherwise made available to the Customer. The Customer shall comply with all such general practices and limits which may differ for different portions of Internet Service and may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion. TELUS has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. If the Customer violates such practices or exceeds such limits TELUS may suspend, restrict or terminate the Customer’s account, remove any content, information or materials from TELUS’ servers, or impose additional charges (additional charges are described on the Services Website).

Installation options available for Internet Service will depend upon the Customer's location and service plan. Details regarding available installation options, including applicable fees, are posted on the Services Website.The Customer authorizes TELUS, its employees, agents, contractors and representatives to enter the Customer’s premises and access the Customer’s equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of Internet Service. Access to the Customer’s premises will be at a time that is mutually convenient for the Customer and TELUS.The Customer shall comply with the terms of the quick install guide included on the TELUS install wizard CD, where applicable.

Internet Service must be connected to a suitable network interface card ("NIC") installed at the Customer’s premises. If the Customer is supplying and installing the NIC, the Customer must install the NIC prior to the installation of the high speed modem, or wireless gateway, as applicable. Alternatively, if the Customer purchases the NIC along with installation of the NIC from TELUS when ordering Internet Service, the Customer must ensure that there is a suitable free NIC slot available in the Customer’s computer prior to arrival of the TELUS installer at the Customer’s premises. TELUS will not remove NICs from or rearrange NICs in the Customer’s computer.Internet Service may interrupt the functioning of some home or business security systems which use the same phone line(s) as Internet Service. The Customer agrees that TELUS is not responsible for any such problems or interruptions. The Customer is responsible for ensuring that the Customer’s premises are appropriately wired to ensure proper functioning of any home or business security systems, prior to installation of Internet Service.Except as otherwise explicitly stated in these Service Terms, TELUS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by the Customer, including any equipment or software used in connection with Internet Service.

Any and all software and related documentation that forms part of Internet Service or that is supplied by TELUS, its agents or representatives for use in connection with Internet Service (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to these Service Terms, including the disclaimers and limitations of liability herein, and the terms of any applicable Software license made available to the Customer by TELUS. Unless otherwise authorized by TELUS or in the applicable Software license, the Customer shall not (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.

The Service Help Desk will provide telephone and email assistance on a commercially reasonable efforts basis, via the telephone number and email address and during the hours specified on the Services Website. Assistance is limited to the Customer's problems using Internet Service and may exclude problems related to certain equipment and software, as specified by TELUS, in its sole discretion. Charges may apply to certain non-standard support services, as specified by TELUS. TELUS cannot guarantee the resolution of any particular problem or Internet Service interruption.From time to time TELUS may email updates and notices regarding Internet Service to the Customer.TELUS will provide on-site support (including, at TELUS' option, repair or replacement of equipment that is defective in material or workmanship) for all TELUS-owned equipment.

The access numbers used by the Customer’s modem to connect to Internet Service may be telephone numbers that result in additional and/or long distance charges being billed to the Customer. The Customer is solely responsible for determining whether the access numbers the Customer is using are subject to any additional and/or long distance charges and the Customer agrees to pay all such charges, including those that may be billed to the Customer by a third party. Information concerning additional and long distance charges is available on the Services Website.

The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP") published at http://www.telus.com/aup. TELUS may change the AUP at any time, in its sole discretion, and publishing the changed AUP at http://www.telus.com/aup will be sufficient notice of the changes to the Customer.

Content, including text, software, music, sound, photographs, video, graphics or other material accessed through Internet Service or the Internet is protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.TELUS does not claim ownership of information, materials, software or other content (collectively, the “Content”) that the Customer posts, uploads, inputs, provides, submits or otherwise transmits to TELUS or any third party, using Internet Service. However, by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to TELUS or any third party, using Internet Service, the Customer has thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate the Content to the extent reasonably required by TELUS to provide Internet Service to its customers or to ensure adherence to or enforce these Service Terms.Except where otherwise specified by TELUS, email addresses, IP addresses and web page addresses assigned to the Customer by TELUS remain the property of TELUS at all times.

TELUS has no obligation to censor or monitor use of Internet Service by the Customer or any third party, including any obligation to censor or monitor any content, material or other information sent, received or accessible through Internet Service or the Internet. However, TELUS has the right to, without notice, monitor use of Internet Service and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide Internet Service to customers, ensure adherence to or enforce the terms of the Agreement and these Service Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.If TELUS receives a complaint relating to use of Internet Service by the Customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with an Internet Service account, if TELUS believes in good faith that such activity is reasonably necessary to provide Internet Service to customers, ensure adherence to or enforce the Agreement and these Service Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others. To comply with any law, regulation, court order or other governmental request or order, TELUS may access, preserve and disclose any telecommunications related data or information associated with the Customer’s use of Internet Service. TELUS’ rights to disclose under this sub-section will prevail over the TPC.

In order to maintain or improve Internet Service or for other business reasons, TELUS may change the Internet Service rates, plan features, email addresses and minimum systems requirements, the AUP, the TPC, any content on the Services Website, and any other aspect of Internet Service at any time, without notice or liability, in TELUS' sole discretion. TELUS will use commercially reasonable efforts to notify the Customer of any material increases in the recurring, regular Internet Service rates applicable to the Customer's account.All references to website addresses in these Service Terms shall also include any successor or replacement websites containing substantially similar information as the referenced websites.

The Customer may change the service features that the Customer has subscribed for or selected, as specified in the Order Details, to another Internet Service plan for business customers with higher or lower fees and charges, subject to the specific conditions and availability of the other Internet Service plan, by submitting a request to TELUS via the contact information set out in the Order Details, and without any obligation to pay early termination charges. By continuing to use Internet Service after receipt of a bill or statement reflecting the change in the service features requested by the Customer, the Customer is deemed to have accepted the service features.

The Customer may receive a TELUS wireless Smart Hub device as backup for Internet services for use by the Customer at the Service Address specified in the Order Details. The Smart Hub device can accommodate a maximum of 3 Wired LAN connections and up to 32 Wireless LAN Connections. A TELUS router is required in order to use the Smart Hub device. The Smart Hub device is not recommended for use with a non-TELUS router as the device does not support a bridge mode configuration option or functionality. Performance of Internet service connectivity on the Smart Hub device will be subject to wireless signal strength at the location of the Smart Hub device.

The Smart Hub device forms part of the Service components or equipment. The Customer will install the Smart Hub device in accordance with instructions from TELUS.

The Customer agrees to pay TELUS the lesser of $149.99 or TELUS’ then current fee (and applicable taxes) for the Smart Hub device, unless another amount is otherwise specified in the Order Details. The Customer agrees to pay all fees and charges incurred (and applicable taxes) for incremental usage in accordance with the Wireless Backup Smart Hub plan specified in the Order Details.

The Customer is responsible for any repair or replacement costs if the Smart Hub device is repaired, moved, or modified by any person not authorized by TELUS, is damaged by causes external to the Smart Hub device or is abused, neglected or improperly stored or operated, and shall indemnify TELUS for any third party claims arising from or based on any such repair, move, modification or damage.

TELUS is not responsible for interruptions in the Internet Service caused by any unauthorized relocation, modification or repair of the Smart Hub device.

The Customer should contact the Services Help Desk in the event of an Internet Service outage.

In addition to TELUS’ rights in the Agreement, TELUS may terminate Internet Service at any time by giving at least thirty (30) days advance notice to the Customer, in which case the Customer shall not be required to pay any termination charges and TELUS will refund any amounts prepaid by the Customer for the provision of Internet Service after the termination date.TELUS shall have no responsibility to notify any third party including, any third party providers of services, merchandise or information, of any suspension, restriction or termination of the Customer's account. If the Customer's account is terminated, TELUS shall have no obligation to forward any unread or unsent messages to the Customer or any third party or to maintain any messages, information or other content related to the Customer's account and the Customer acknowledges that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, upon termination of the Customer’s account, all email and web page addresses related to its account may be immediately deleted and/or reassigned to other customers. TELUS' policies regarding handling of customer emails upon suspension and termination of customer accounts can be found on the Services Website.The Customer shall return any TELUS-owned high speed modems, wireless gateways, and associated components to a TELUS approved depot within fourteen (14) days of termination of its Internet Service account, unless otherwise directed by TELUS. If the Customer does not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if the Customer has assigned, encumbered, sold, transferred or leased such equipment, the Customer shall pay the then in effect charge, plus applicable taxes. The location of TELUS approved depots can be obtained by contacting TELUS via the contact information set out in the Order Details.