1. TELUS Wavelength Service

The following service terms apply to all TELUS Wavelength Services.

The TELUS Wavelength Service is a local and long distance high bandwidth service which provides for the interconnection of two (2) designated points (available pre-specified A and Z sites) (“A-Z Sites”) via a dedicated optical wavelength circuit (“Wavelength Circuit”). A/Z Sites can be located at our available sites or at a service location. Applicable A-Z Sites will be specified in Your Services & Summary Charges section.

The TELUS Wavelength Service is a non-usage based service. The TELUS Wavelength Service may be provisioned by us using on-net or off-net service facilities. For the purposes of this agreement, (a) “on-net” means that portion of a given TELUS Wavelength Service or Wavelength Circuit that is provisioned using our service facilities, and (b) “off-net” means that portion of a given TELUS Wavelength Service or Wavelength Circuit that is provisioned using the service facilities of a third party supplier.

Service Options and Features

The TELUS Wavelength Service includes various service options and features. These service options or features are described below. The TELUS Wavelength Service and applicable service options or features that you purchase are specified in Your Services & Summary Charges section.

Transmission Speed Options

The TELUS Wavelength Service supports transmission speeds ranging from 1 Gbps to 100 Gbps (or such other transmission speeds as may be made available by us from time to time).

Access Options

The TELUS Wavelength Service includes an “Access” at each A-Z Site. Available Access service options include the following.

“TELUS Wavelength Unprotected” – Wavelength Circuit is provisioned with a fiber patch panel handoff at the service demarcation at the A-Z Site(s).

“TELUS Wavelength Unprotected + NID” – Wavelength Circuit is provisioned with customer premise equipment (“CPE”) supplied by us at the service location (capable of managing multiple Wavelength Circuits over the same or diverse Access(es) when available).

Core Options

The TELUS Wavelength Service includes connectivity between A-Z Sites via our core network. Available core options include the following.

“Unprotected Core” – Wavelength Circuit is provisioned without automated protection in the event of a “trouble” (e.g. failure of service).

“Protected Core” – Wavelength Circuit is provisioned with automated protection in the event of a trouble. Wavelength Circuits provisioned with this option will be automatically re-routed to a secondary path through our restorable optical core network facilities in the event of a trouble. When the trouble has been remedied, the Wavelength Circuit will be re-routed to the initial core primary path. This service option only applies to the portion of the Wavelength Circuit provisioned over our restorable optical core network facilities. The Protected Core service option does not apply to any troubles caused by or arising in relation to any Unprotected Access, non-mesh restore protected core network facilities or off-net service facilities.

Unforeseen Costs or Charges

If we determine during installation of a TELUS Wavelength Service at an A-Z Site that necessary service facilities are not available at the site, or that such service facilities can be made available, but you do not agree to pay additional service charges to complete installation of the service facilities, we will be entitled to cancel the installation and terminate the applicable TELUS Wavelength Service. You will not be required to pay a service cancellation or termination charge. We will return any service charges you may have paid to us for the applicable service.

Unless otherwise specified in Your Services & Summary Charges section, the service demarcation(s) for the TELUS Wavelength Service shall be at the CPE that we supply, if any, or the fiber patch panel, as the case may be, located within the main telephone room at the A-Z Site. We will be responsible for installing and maintaining the service facilities required to provide TELUS Wavelength Service to the service demarcation. You are responsible for providing, installing, and maintaining compatible equipment, cabling and network facilities that connect to the service demarcation or that you use with the service.

If specified in Your Services & Summary Charges section, the service demarcation may be provisioned in a location other than the main telephone room at the service location in accordance with the following rules:

(a) you agree in writing to supply all necessary inside cabling and cross connection equipment required at the service location, or
(b) you agree in writing to have us supply all necessary inside cabling and cross connection equipment at the service location, in which case the parties will agree in writing to the service charges and terms for us to supply the inside cabling and cross connection equipment.

Installation

You are responsible for (a) securing rights-of-way and/or providing conduit access at the service location from our access point at the property line to the service demarcation, and (b) providing in-building service facilities required to install the TELUS Wavelength Service at the service location (excluding our service facilities).

You are responsible for notifying appropriate building management personnel of the installation plans, and verifying whether there are any fees, restrictions or additional conditions that must be satisfied to deliver the TELUS Wavelength Service to the service location. Any such conditions, including access fees or restrictions levied by property management, will be your responsibility to satisfy directly.

You will provide us and our employees, contractors and agents with physical access to the service location (including without limitation any common areas) and any CPE, local area network facilities as may be necessary for us to perform our obligations under this agreement. You will arrange such security clearances as may be required in order to provide such access.

We will not be responsible or liable for any failure or delay in installation of a TELUS Wavelength Service that is caused by your failure to comply with the terms and conditions of this section or your equipment, hardware, software, systems, cabling and facilities.

Acceptable Use Policy

When using the TELUS Wavelength Service, you must comply with our acceptable use policy and IP address policy, published at telus.com/aup (“AUP”). We may change the AUP at any time, at our discretion. We will publish the changed AUP at telus.com/aup, and you are responsible to review the AUP regularly.

Service Administrator

You shall designate a representative as your administrator. The administrator shall be authorized to provide us with instructions, orders, authorizations and other directions, on your behalf, as detailed in these Service Terms. The administrator shall be the point of contact for all notices and communications to you relating to TELUS Wavelength Service. You are responsible for ensuring the administrator contact is up-to-date.

Billing and Contact Information

You are responsible for ensuring that your billing address, email address, and contact information (e.g. technical, administrative and trouble contacts) is up-to-date.

Our Equipment

We may also need to install equipment at the service locations in order for us to provide the service to you, which will remain our property. You are responsible for any loss or damage and insurance covering value of the equipment we provide based on a reasonable replacement cost. You cannot sell or transfer rights of the equipment and it is to remain free of any lien and/or charge. Our equipment installed at your site shall remain moveable property.

You will provide the necessary space, cabinet, electrical power, light, connectivity and security for the equipment and store and operate the equipment as specified in any Original Equipment Manufacturer (OEM)-supplied documentation.

Security

You are responsible for the security of applicable CPE, your network and any service, equipment or facility provided by you or a third party service provider (including applicable user/access security), for implementing your own security policies, and for obtaining any security services to protect applicable CPE, your network and your assets.

Service Level Agreement

The following service level agreement applies to the TELUS Wavelength Service.

For the purposes of this section:

(a) “Service Outage” means the number of minutes from a fault being identified by you and a corresponding Trouble Ticket being opened, until service restoration (where such “fault” involves a total loss of TELUS Wavelength Service or where the service is degraded to the extent you are is unable to use it and are prepared to release it for immediate testing) (excluding Excused Failures and installations).
(b) “Service Availability” is equal to the total number of minutes in a calendar month less the total number of Service Outage minutes recorded by our Trouble Tickets, divided by the total number of minutes in a calendar month and expressed as a percentage. Service Availability is calculated on a monthly basis.
(c) “Trouble Tickets” are our method of logging faults. A unique Trouble Ticket reference number will be opened by us based on an outage reported by you and delivered to a point of contact at our network operations center or CTAC center. We will only accept applicable incident or problem calls from your qualified technical staff. We will not accept calls from end users.

Service Levels

Table 1 – TELUS Wavelength Service – End To End Service Level Target
*Applicable to on-net TELUS Wavelength Service only.

Table 2 – TELUS Wavelength Service – Protected Core Service Level Target
*Applicable to on-net TELUS Wavelength Service directly provisioned with our optical transport networking mesh restore core protection only. This service level target only applies to the portion of the applicable Wavelength Circuit provisioned over our restorable optical core network facilities. This service level target does not apply to any troubles caused by or arising in relation to any Unprotected Access, non-mesh restore protected core network facilities or off-net service facilities.

Service Level Credits

We will provide you with a Service Level Credit accordance with this section if a TELUS Wavelength Service fails to meet an applicable Service Level target unless the failure:

(a) is caused by components in the network which are not our responsibility;
(b) is caused by you or any service, equipment or facility provided by you or a third party;
(c) is during periods of maintenance;
(d) is caused by a failure to provide us or our employees, contractors and agents with access to the service location; or
(e) results from any event of force majeure (collectively, “Excused Failure”).

Failure to comply with a service level agreement or meet a Service Level target is not a breach or material default of any provision of this agreement, and the award of Service Level Credits is your sole remedy for any such failure and any related degradation, interruption or failure of service.

Service Level Credits will be applied on a site-by-site, service by service basis in accordance with the process set forth below:

If a TELUS Wavelength Service has failed to meet or exceed the applicable Service Level target set forth in Table 1 or Table 2 above, you must request a Service Level Credit by notifying us of the failure to meet or exceed the applicable Service Level target, within the sixty (60) day period immediately following the applicable Service Outage or the fault or interruption in service and providing us with the following information in writing:

(a) Wavelength Service or Wavelength Circuit affected;
(b) Wavelength Circuit number(s); and
(c) Trouble Ticket number
(“SLC Supporting Documentation”).

If you fail to notify us of the Service Outage or the fault or interruption in service and provide us with the SLC Supporting Documentation within the allotted sixty (60) day period, you will lose the right to claim a Service Level Credit.

The Service Level Credit will be calculated in accordance with Table 3 or Table 4 below. If an applicable Service Outage results in a TELUS failure to meet the Service Level targets under both Table 1 and Table 2 above, only one Service Level Credit will be provided to you (i.e. the greater of the two applicable Service Level Credit calculations under Table 3 and Table 4). Only one Service Level Credit can be claimed against the same Service Outage. The Service Level Credit will be calculated as a percentage of the fixed monthly service charge for the applicable Wavelength Service. The maximum available Service Level Credit is forty percent (40%) of the fixed monthly service charge for the applicable Wavelength Service. Usage and other charges will still apply.

In the event that we determine that a Service Level Credit claim is valid, we will automatically apply the appropriate Service Level Credit to your monthly invoice within the sixty (60) day period immediately following the date of such determination.

If we disagree with or wish to deny any Service Level Credit claim, we will notify you in writing of such disagreement or denial. Our notice will include a detailed explanation that will enable a customer, acting reasonably, to understand the nature and basis of any such disagreement or denial.

Table 3 – TELUS Wavelength Service – End to End Service Level Credit

Table 4 – TELUS Wavelength Service– Protected Core Service Level Credit

Chronic Outage
In the event of a Chronic Outage, you will be entitled to terminate the affected TELUS Wavelength Service upon written notice to us without payment of a service cancellation or termination charge, provided that your termination notice is received by us within thirty (30) days immediately following the Chronic Outage. For the purposes of this section, “Chronic Outage” means an event where a TELUS Wavelength Service is unavailable for an aggregated 34+ hours in any 30-day period, OR 3+ separate occasions of 4+ hours in any 30-day period (excluding Excused Failures).

A Chronic Outage is not a breach or material default of any provision of this agreement, and your right to terminate the affected TELUS Wavelength Service is your sole remedy for any such failure and any related degradation, interruption or failure of service.

Provisioning

Our standard service implementation intervals for the TELUS Wavelength Service are available upon request and may be changed from time to time at our discretion. We will use reasonable efforts to deliver or provide TELUS Wavelength Service within such standard service implementation intervals; provided however, that our failure to deliver or provide TELUS Wavelength Service within such standard service implementation intervals shall not constitute a default under this agreement and we will not be liable to pay any penalties or damages to you for our failure to meet such standard service implementation intervals.

Maintenance Activities

We may perform maintenance activities during scheduled maintenance periods, or at other times when necessary. Our maintenance schedule is published at telus.com/maintenance, but we may change the maintenance schedule. If we change the maintenance schedule or if we need to perform maintenance outside of scheduled maintenance periods, we will send you an email. In order to make sure you receive the email, you must keep us informed of the correct email address and make sure the email address is able to receive email.

No Resale

Unless expressly permitted by us, you shall not resell the TELUS Wavelength Service, or access to the TELUS Wavelength Service, directly or indirectly to third parties. If we permit such resale to or access by third parties you shall be responsible for all such third party use or access and shall indemnify us against all damages, costs and legal fees incurred by us from any claim arising from third party use of or access to the TELUS Wavelength Service.

When a TELUS Wavelength Service is cancelled or terminated prior to the end of the service period, the service cancellation or termination charge payable by you is calculated as follows:

(a) all of the fixed monthly service charges that would have been payable after the date of termination until the end of the service period if the TELUS Wavelength Service is cancelled or terminated prior to or during the first 12 months of the service period; or
(b) 50% percent of the fixed monthly service charges that would have been payable after the date of termination until the end of the service period if the TELUS Wavelength Service is cancelled or terminated after the first 12 months of the service period.

In addition, you will also be liable for and shall pay us any build or up front capital costs waived by us at the commencement of the service period.