HomePro In-Person Service Terms

Effective as of June 27, 2023

This is an agreement between you and TELUS Communications Inc. (“
TELUS
”). It sets out the terms and conditions (the “
Service Terms
”) that apply to your use of in-person technical support services, including those ordered through TELUS and added following an initial on-site assessment (the “
Services
”). These Service Terms, together with TELUS rules and policies applying to the use of the Services, form the agreement between you and TELUS for the Services (the “
Agreement
”).

By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, “you” refers to the person or business whose name appears on the bill.

TELUS reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving 30 days’ notice. TELUS will notify you of amendments to this Agreement by posting notice of the amendment at telus.com/serviceterms (the "
Service Web Site
"). If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services. Cancellation fees may apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.

1
.
Services

TELUS HomePro aims to address the growing need for end-to-end smart device support and enable a connected home by providing in-person technical support.

Technical support for smart home device issues may include connectivity, general troubleshooting, installation, setup and configuration, education, software and applications support and malware detection and removal.

2
.
Equipment and Capacity

Unless stated otherwise herein, TELUS is not responsible for the maintenance or repair of facilities, devices or equipment owned by you. To deliver the Services, electrical or battery power and internet connection may be required, which you must supply at no charge to TELUS.

You represent and warrant that (a) you have reached the age of majority in the province or territory in which you reside; and (b) that you possess the (i) legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement and (ii) authority to order and use the Services for the applicable property and premises.

3
.
Billing and Payment

TELUS may provide you with a bill in electronic format made available to you over the Internet, setting forth the charge(s) incurred for use of the Services. Your bill will be sent in paper form if electronic billing is not made available by TELUS. If TELUS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account regularly for your bill(s). Charges incurred on a per-use basis may be billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to TELUS.

TELUS may require you to submit payment(s), representing the estimated Service cost at the time you submit a request for Services, before the initial on-site Service assessment.

The Services are provided to you subject to payment of all applicable Service rates and any additional charges identified to you at the time you applied for the Services, while the Services are performed or otherwise in accordance with this Agreement, together with all applicable taxes and other government charges. Additional charges authorized by this Agreement may be charged on a one-time or per-use basis, as TELUS may determine from time to time. If you purchase the Services through a mobile application, charges may apply for data usage under your mobility service plan.

Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless TELUS correctly bills the charge within one year from the date it was incurred. In these circumstances, TELUS will not charge any interest on the amount of the unbilled or under-billed charge until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.

The Service charges for the ordered Service(s) are an initial estimate only and may change following an onsite assessment. Additional charges, including, but not limited to, the installation or replacement of an external wire concealment solution or transformer will require your consent following an onsite assessment and prior to the commencement of any work.

All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement except in the respect of non-forborne services and customers in Quebec which will be subject to a 2% late payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears.

4
.
Access

You agree to provide TELUS’ agents, subcontractors, employees and/or representatives with safe access to the property and premises where the Services are to be provided.

5
.
Service Limitations

TELUS may refuse to provide the Services and refund payment, wholly or in part, (a) where the provision of such Services would necessitate unusual expenses which you do not agree to pay or are impractical in the sole and absolute discretion of TELUS; or (b) on the basis that minimum system, technical or other requirements are not met or are unusual, extensive or beyond the scope of this Agreement, as reasonably determined by TELUS.

TELUS may terminate the the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect its property, equipment or personnel from harm or to prevent fraud, (ii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iii) for any reason, upon 2 days notice to you. Upon termination of the Services, TELUS shall have no obligation to maintain any content related to your use of the Services and you agree that all such content may be deleted immediately without notice to you.

Final eligibility for the Services can only be determined by the applicable technician at the onsite assessment.

TELUS assumes no liability whatsoever for any claims, damages, losses or expenses arising out of the unavailability or modified availability of the Services in any of the circumstances described in this Section.

The potential to mount televisions above a fireplace or other similar heating unit will be subject to an on-site assessment due to potential concerns, including but not limited to, those related to chimney flue. In rare instances, depending on the design and type of heating unit, the heat may damage the television. TELUS will not provide any in-wall wire concealment Service, unless the access holes and concealment solution are pre-installed. TELUS will remove packaging material of applicable third party devices at your request only, in the sole and absolute discretion of the service technician. TELUS recommends that you retain packaging material for warranty and returns, if applicable. TELUS cannot warrant that installations involving lath and plaster walls will not result in cracks or similar damage. TELUS will attempt to reduce the possibility of damage, but due to the nature of lath and plaster wall construction, you agree that TELUS will not be responsible for any resulting damage to your property and/or premises.

TELUS will only be responsible for the technical support of the third party device(s) and/or equipment you purchase the in-person services for. TELUS will not be responsible to provide further support for such third party device(s) and/or equipment, unless otherwise expressly stated herein. In the event of a malfunction or issue with the third party device(s) and/or equipment, please consult the applicable device manufacturer or warranty provider.

6
.
Service Changes

Subject to the terms herein, you may change your Services prior to the commencement of any work. Charges for Services performed prior to the cancellation or adjustment will not be refunded. One time charges are applied at the current rates at the time of Service performance, as communicated to you by TELUS.

7
.
Requesting Service and Account

You must supply any supporting accessories required for delivering a Service, including, but not limited to, mounts, brackets and wire concealment solutions. TELUS will only handle the supporting accessories and/or tools required to perform the Services. All facilities, equipment and smart device(s) you supply must meet the technical standards for certification established by Industry Canada.

You are responsible for all charges properly billed by TELUS to your account. You are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify TELUS, by means specified on the Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to TELUS, as requested, to stop and/or remedy any breach of security. You are responsible for setting and securing any passwords used to restrict access to the third party devices installed as a result of the Services and compliance with all laws applicable to the use of such third party devices.

8
.
Acceptable Use

You may only use the Services at the premises specified in your request for Service. You may not resell the Services nor directly or indirectly charge any person for the use of the Services or otherwise interfere with any TELUS facilities or equipment. You may not use the Services to harass or violate the reasonable privacy expectations of any person. TELUS may require you to change or disconnect any of the facilities or equipment at your premises providing access to the third party device(s) and/or equipment relating to the Services if they interfere in any way with the performance of the Services or the operation of the facilities or equipment used by TELUS to deliver the Services. You also agree not to threaten, abuse or harass any TELUS customer representative.

If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in this Section, which involves your Services, you agree to immediately notify TELUS and provide TELUS with assistance, as requested, to stop and/or remedy such violation.

Without limiting any of TELUS' rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, TELUS may suspend, restrict or terminate your Services account without notice if, in TELUS' sole and absolute discretion, you have violated any of the acceptable use rules set out in this Section. You acknowledge and agree that TELUS shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

9
.
Limitation of Liability

To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors, suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “
TELUS Parties
”), shall be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings, or earnings, lost or corrupted data, or other liability arising out of, or related to, the Services or use, or lack thereof, of your equipment, hardware, peripherals or network resulting from the Services provided. If for any reason any of the TELUS Parties becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the TELUS Parties to you or such third party is limited to the greater of $2,000 and the fees paid by you to TELUS for the particular Services giving rise to the claim in the six (6) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS Parties arising from or related to the Services: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.

Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves or (ii) the actions of third parties which TELUS cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by TELUS’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers.

10
.
Indemnity

You are responsible for any damages to TELUS' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person, whether authorized or not to be on the property or premises.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold the TELUS Parties harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the TELUS Parties arising in any way from the services (a “
third party action
”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the TELUS Parties) incurred by, assessed or found against, or made by any of the TELUS Parties relating to or arising from any such third party action (“
third party related losses
”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the TELUS Parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the TELUS Parties, or any other wrongdoing where applicable law does not permit indemnification.

11
.
Privacy

You agree that the TELUS Privacy Commitment, available for inspection at
https://www.telus.com/en/about/privacy/commitment
, as it may be updated from time to time (the "
TELUS Privacy Commitment
"), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your needs.

By using the Services and incurring charges for such use, you authorize TELUS to obtain information about your credit history from credit reporting agencies, credit grantors and other TELUS companies from time to time, and consent to the disclosure of your credit history with TELUS to such entities at any time.

You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis, and seek your views on TELUS’ products and services.

12
.
General

(a) Warranty

A 30-day limited warranty on all TELUS performed labour is included with the Services. TELUS will correct any material defects in the work quality of the Services you purchased if reported to TELUS or its agent, subcontractor or representative, as applicable, within 30 days of the date Service performance was completed. This limited warranty does not include any warranty provided by the applicable third party device manufacturer or warranty provider. Your use of the Services is at your sole risk. Unless otherwise expressly stated herein, to the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS.

The warranty described above does not apply to the installation of any smart device or accessory that is not functional and in proper working condition

(b) Disclaimer

TELUS shall not be liable for any failure or delay in performance due to any cause beyond its control. If TELUS’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of TELUS, TELUS may choose not to provide the Services. Services can also be denied if dangerous or unhealthy conditions are present. If uninstall Services are provided, you agree that TELUS shall not be responsible for repairing any damage or changes made to your property and/or premises.

You acknowledge and agree that: (a) All use of the Services is at your own risk; (b) TELUS does not guarantee error-free performance of the Services; (c) Unless otherwise expressly stated herein, TELUS is not responsible or liable for loss or damage to your devices, software or data arising directly or indirectly out of the Services; and (d) The information you provide may be stored electronically on a server outside of Canada. The information will be protected with appropriate security safeguards, but may be subject to access under the laws of the foreign jurisdiction.

Unless otherwise expressly stated herein, TELUS makes no conditions, warranties or representations about the suitability, reliability, quality, capacity, performance, availability or timeliness of the Services.

(c) Cancellation

Subject to the terms herein, you may terminate this Agreement at any time prior to the commencement of work related to the Services. If you cancel or change your Services after the commencement of work or if TELUS cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to you up to the time the Service is cancelled.

If you are not present at the scheduled Service appointment time and do not cancel or reschedule within 24 hours of the appointment, a $100 cancellation fee will apply. If Services cannot be completed, this Agreement may be cancelled for the purchased Services.

(d) Arbitration

If you use the Services in the operation of a business, any claim, other than the collection of amounts owing to TELUS, relating to (i) the Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.

(e) Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS’ prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.

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