Managed Premise as a Service (MPAAS) eContract Terms

TELUS Managed Premise as a Service, referred as Managed Premise as a Service (MPaaS) throughout the contract, is an integrated managed solution which offers Managed Wi-Fi, Managed Local Area Network (LAN), Unified Threat Management (UTM) services, and Software Defined WAN (SD-WAN). MPaaS provides connectivity to your employees, guests and contractors at a single or at multiple service locations.

We will provide the configuration and implementation, of TELUS provided Wi-Fi, LAN, UTM devices on your premises. These devices are deployed on your premises as they form part of your connectivity infrastructure. For each device, we provide management services, which includes service desk, incident management, parts replacement, and monitoring.

You can contract for any service component or combination of service components as required for your business solution.

We will provide you with the devices as outlined in your Service Charges and defined in your Statement of Work.

We will remain the owner of the devices and equipment installed at your service locations. You will have custody and possession of all our devices installed at your service locations and you are liable for any loss or damage and insurance covering value of the devices per the replacement cost table in the Service Description. You cannot sell or transfer rights the devices and they are to remain free of any lien and/or charge. Our devices installed at your service locations shall remain moveable property.

For our LAN and UTM service, you will provide the necessary space, cabinet, electrical power, light and security for the devices and store and operate the devices as specified in any Original Equipment Manufacturer (OEM)-supplied documentation.

Service Demarcation is based on your specific service solution and details are available in the Service Description that accompanies this contract.

You are responsible for the security of your network, for implementing your own security policies, and for obtaining any security services to protect your network.

If UTM portion is purchased within MPaaS service and provided by us, the service terms associated with that purchase would govern the security services. UTM service will enforce policies based on your organization requirements.

Our MPaaS WI-FI solution utilizes radio-waves and is subject to factors out of our control, therefore, we do not guarantee timely, secure, error free or uninterrupted WI-FI service, bandwidth per device, or that your end users will receive or be able to transmit their messages or data.

IP Addresses

Our MPaaS services the standard IP addressing and routing standards to deliver MPaaS. It is your responsibility to maintain your Local Area Network (LAN) in accordance with these standards to ensure service functionality. When ordering UTM service, public IP addresses reachable from Internet should be available for the security appliance to use directly. There should be no upstream device enforcing security policies or doing Network address translation.

The MPaaS service is configured and managed via a cloud infrastructure. The devices deployed at your premise connect to the cloud over secure sockets layer (SSL) with all configurations stored in the cloud and providing remote access to the devices for service availability monitoring by TELUS. You will notify us of any scheduled maintenance that may affect the availability of your Internet access. The cloud infrastructure uses an out of band management architecture which means that no user traffic passes through the datacentre – only management data. You acknowledge that your management data may be stored outside of Canada and may be subject to access under the laws of foreign jurisdictions.

The network will continue to function normally even if the cloud cannot be accessed. Users can authenticate, firewall rules remain in place and traffic flows at full line rates.

For MPaaS Software, we do not provide any warranties except for warranties that may be provided by the Original Equipment Manufacturer (OEM).

Use when using the services, you must comply with our acceptable use policy and IP address policy, published at www.telus.com/aup (“AUP”). We may change the AUP at any time, at our discretion. We will publish the changed AUP at www.telus.com/aup, and you are responsible to review this policy to see any changes.

We are not obligated to provide you service in the event you have moved the devices to another service locations without prior consent with us, or without prior written consent by any third party who requires advance written consent, and/or if you are in default of any payment due to us.

The Summary Charges table lists the services selected by you. At any time, you may ask us to change the service(s), although the monthly charges may change and one-time charges may apply.

The following MPaaS table contains the elements that form the foundation of the service along with the allocation of responsibilities between you and us. Additional service details for each service can be found on the service description that accompanies this contract.

*Business Day is Monday to Friday excluding statutory holidays

The optional features are not included in the base service and will be charged separately.

We supply, install and maintain remote monitoring systems to monitor your MPaaS service. The MPaaS service contains a toolset for us to conduct an analysis on many aspects of your network including usage, security and event logs, reports and event alerts. You are also provided read only access to this dashboard to view your organization.

Should the remote monitoring system detect that a device is not available for use, or detects an incident, it triggers an alert to open a trouble ticket. We do not guarantee that the remote monitoring system will detect all failures, unavailability or other incidents. You must ensure that you keep us informed of any changes to the MPaaS devices that may affect our ability to remotely monitor your device.

In the event a trouble ticket is created for an incident we will classify the ticket with the severity level as identified below and the following Response Times apply:

*business hours is Monday to Friday, excluding statutory holidays, from 9am to 5pm

In the event an incident is determined to be caused by non-performance of any hardware, software, facilities or cabling not provided by us, we shall manage the incident in accordance to the severity levels identified above that you will pay as an additional Service ( “Additional Service”). You will be advised of this cost prior to work being performed.

Although we make reasonable commercial efforts to meet the Response Time stated above, if not possible, we will not be in breach of this contract. we will not be obligated to pay any other compensation and will have no other liability to you for any failure to meet the above.

If a technician is required and/or a device provided by us requires a replacement, we shall arrange for a replacement device to be delivered once verification of this equipment is completed. The technician will be charged at the hourly rate identified in your Service Charges.

We shall make reasonable commercial efforts to provide our parts and on-site services on the next business day provided verification of the defective equipment is identified before 3:00 pm and the service address is within a major centre or a reasonable distance from a major centre. Should verification of the defective hardware occur after 3:00 pm on a business day then services will be provided on the second business day following that verification.

We shall review all software updates and upgrades released by the Original Equipment Manufacturer (OEM) for the devices. We shall implement those updates and upgrades we deem reasonably necessary for the security and supportability of the software and hardware devices. You may also request us to implement an update or upgrade we do not deem necessary as an Additional Service.

We may require to perform regular maintenance activities to the MPaaS service and initiate temporary service disruptions from time to time. TELUS will inform you of scheduled maintenance via email notification based on the email address provided at time of activation. Reasonable commercial notice will be provided, except in cases of emergency. We shall endeavor to try to minimize interference with your operations.

You are responsible for the security of your network, for implementing your own security policies, and for obtaining any security services to protect your network and assets. We also provide firewall services that you can procure from us if not part of MPaaS.

If security services outside of MPaaS are separately purchased from and provided by us the service terms associated with that purchase would govern the security services.

A monthly recurring rate charge (MRC) applies for MPaaS for each device. The MRC is billed following the activation of all services at each service address. A one-time charge (OTR) will be billed for any optional service features that have been chosen. All such charges are set out on the attached your Service Charges form and associated rate sheet for your specific options and associated pricing. In the event additional service addresses are identified following our initial installation, additional charge(s) may apply.

You may ask us to upgrade or change MPaaS following your installation although your MRC may change. For any subscribed service within MPaaS, changes to your devices are made by submitting a service request approved by you and accepted by us for changes to the your Service Charges. Should you require an extensive change to your MPaaS service configuration, it may be classified as an Additional Service. In this event, we would provide the costing and ensure we have alignment between us on the work and cost prior to commencing these activities.

When MPaaS 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 for that service connection. The service cancellation charge is a percentage of the total fixed monthly charges remaining in the service period for that service connection after cancellation:

We may, at our discretion, waive the service cancellation charge if you replace the cancelled service with a TELUS service where the value of the replacement service is greater than the value of the cancelled service(s).

We shall not be obligated to provide you Service if we determine a device cannot reasonably continue to provide service due to the age of the device. We will recommend a replacement, provide a quote or proposed statement of work. Should you choose not to update the device, we may terminate this Agreement. In this instance, our Service Cancellation Charge will not apply.

Upon service cancellation, you will be required to return the devices to us unless the contract is renewed. You will comply with our instructions on the removal and return of our devices. In the event you do not return the equipment as per our instructions, or the devices are damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you shall pay replacement costs and any costs incurred by us as a result of not complying with our instructions.

The table outlines our service level objectives for the MPaaS solution. All reasonable efforts will be made to meet the Service Level Objective (SLO). Failure to meet the SLO will not result in any credit, refund or charges, or payments by TELUS and not deemed a breach or default of the Agreement.

*Business Day is Monday to Friday excluding statutory holidays **business hours is Monday to Friday, excluding statutory holidays, from 9am to 5pm