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TELUS SmartHome+ and SmartEnergy Service Terms

Effective as of September 18, 2024

Important things to know:

TELUS offers many services, and you may not subscribe to all of them. The terms below will only apply for the services you take. Terms that apply to a specific service you do not subscribe to will not apply to you.

Installation

Customers are required to self-install equipment as necessary.

Everything you need will be mailed within 3-7 business days to the address you entered on TELUS.com as part of your subscription. We recommend that you verify that the equipment is complete and not damaged and that you install your equipment right away following the best practices within your SmartHome+ App.

In order to download and use the SmartHome+ App, you are required to agree to the app’s applicable terms and conditions:

You must immediately inform TELUS of any malfunctioning of the Service or of the self-installed equipment, software and applications.

In the event that TELUS provides support documents and/or installation guides, it is your responsibility to read them and to follow the instructions thus provided. You accept full responsibility and all risks associated with installing, configuring, using and uninstalling the equipment, including the risk of any damage, loss, injury or harm that may result. You are responsible for any damage of equipment owned by TELUS, including but not limited to damage occurring during a self-install, and you shall be responsible for the value of said equipment. In the event of any damage to equipment, including but not limited to damage resulting from a case of force majeure or the actions of a third party, repair or replacement shall be at the your expense, in accordance with the terms and conditions and service and equipment fees in effect at the time.

TELUS cannot guarantee the proper functioning of the services or the equipment, software and applications self-installed by the customer.

TELUS may, in its sole discretion from time to time, provide updates, patches, fixes, and other modifications to the services (collectively “Updates”), but has no obligation to do so. Any Update will be subject to these Terms. Updates may be automatically installed without providing any additional notice or obtaining any additional consent from you, and you hereby consent to these automatic updates. If you do not want such Updates, you must terminate your Account with us and stop using the services. You may be required to install updates to use the SmartHome+ App or other parts of the services, and you will promptly install any Updates that TELUS makes available to you.

You must use only the equipment either provided by TELUS or listed as part of the compatible device page on TELUS.com in connection with the service. TELUS makes no representations with regard to any equipment not provided or sold by TELUS or by one of its authorized representatives (“third-party equipment”) and how it may affect the functioning of the services and disclaims all liability in this respect.

If TELUS deems that the customer’s self-install is not functional, successful, satisfactory, compliant or complete, TELUS may decide to rectify the situation, and service and equipment fees may then be charged to the Customer according to the currently applicable rates. Visit your SmartHome+ App for simple step by step instructions that will have you up and running in no time.

If your service can't be installed

If services can’t be installed, this agreement will be canceled for those services. You will not owe any cancellation fees and any fees you paid will be reimbursed to you.

Kindly note that in such a case, any equipment you received will need to be returned in near-new condition with the original packaging within 30 days. If you keep the equipment, the full retail price will be charged to your credit card.

Installation or technical requests

Since your service is subject to self-installation, each request will be subject to a one-time service charge. This includes, but not limited to, technician labour, additional rented hardware requests, inside wiring and equipment upgrades.

This charge will not be refunded if you cancel your appointment with less than 24 hours notice or if you are not prepared with your equipment when the tech arrives.

Each subsequent technician service request will also have a one-time service charge. However if the request is within the 30 days following the professional install by our technician(s) and the issue is deemed TELUS caused, the fee associated to such request will then be credited back to your original method of payment.

Rate plan and features

You may change your rate plan once per billing period at any time after your service begins. Eligible options depend on current TELUS offers and may cause change in pricing. Most account changes can be made online at Support or on the My TELUS App. Should a TELUS agent complete an account change or process a payment on your behalf, a service fee may apply. For a list of these fees, visit
Understanding Home Services' one-time charges
. If applicable, when a charge is pro-rated, your usage limits associated with the new rate plan or feature will also be pro-rated by the same amount until your next bill.

Rate changes

TELUS reserves the right to modify pricing at any time. Current published rates will apply for your month to month TELUS Gaming, Home Phone, Internet, LivingWell Companion, Online Security, Personal Security, SmartEnergy, SmartHome+, TV and Wi-Fi Plus services. We will inform you of rate changes at least 60 days in advance for Internet service, and 30 days in advance for Home Phone, Gaming, LivingWell Companion, Online Security, Personal Security, SmartEnergy, SmartHome+, TV and Wi-Fi Plus services. If you are on a term commitment for your services, we will not change the price of your service during your commitment period without your consent

Automatic renewals

By default, your subscription is set to automatically renew at the end of your subscription on the same term as was originally subscribed to, except in Quebec where your subscription will automatically renew on a month-to month basis.

If the auto-renewal fails, a seven-day grace period will be added to your subscription so that you're able to update your payment information. During this grace period, you won't lose access to your current subscription services and if you are subscribed to a Service that includes a camera, any video, images and audio recordings captured by the camera will be retained for this period. If this grace period ends without an update to your payment information and your Service is terminated, any video, images and audio recordings captured by the camera will also be purged.

At any point during your subscription, you can change your subscription from a monthly subscription to an annual subscription term for eligible plans. Your change to your new subscription term will be effective at the end of your monthly renewal cycle, and your credit card will be charged with the new annual amount.

Subscription period

If you have a term agreement (e.g. annual subscription), your service will be renewed after your subscription period, until you let us know otherwise.

We will notify you by email at least 90 days before your subscription period expires to let you know about any changes to your SmartEnergy or SmartHome+ service that will take effect after expiry of your commitment period.

Cancellation charges

You can cancel at any time if you have a month-to-month subscription. Cancellation will occur on your monthly subscription renewal date. For example, if your monthly subscription renewal date is June 15th, 2024, and you decide to cancel on May 20th, 2024, your cancellation will take effect in the next cycle and be canceled on June 15th, 2024. Your services will remain active between the date you request to cancel (May 20th) until your next renewal date (June 15th).

If you have a fixed term agreement, your subscription period expires on the subscription period end date shown on the first page of your agreement and as of that date. If you decide to cancel your service before the end of your subscription period, cancellation will take effect in the next cycle of your term renewal and no refund will be provided for a prepaid service.

For Quebec residents: You can cancel at any time your service. If you have a fixed-term agreement and you decide to cancel before the end of your commitment period, the maximum termination fee you will be responsible for is the lesser of the two following amounts: $50 or an amount of TEN PER CENT (10%) of the price of the service not delivered.

Unless provided otherwise under your agreement, rental equipment must be returned in good condition promptly upon cancellation of service, otherwise the replacement cost will be charged to your credit card on file.

Equipment support and warranty

If you are renting hardware, your equipment will be supported by TELUS for the duration of your rental.

If you are renting device(s) as part of your SmartHome Security plan, including the costs of replacing the equipment, if necessary, will be supported by TELUS for the duration of your rental. If you own the device(s), it is your sole responsibility to procure, at your own cost, the replacement of the device(s) before expiry or once they no longer function properly. If you activated your service before February 17, 2024, TELUS will continue to replace your device upon expiry. It is your responsibility to verify the expiry date of your equipment.

If applicable, if you bought a TELUS device with this agreement, you’re covered by a legal warranty, guaranteeing ordinary use for a reasonable period of time.

If the TELUS device breaks by no fault of yours during the period of 1 year from purchase, then TELUS will replace the equipment with the same or similar model at no cost to you. If the device purchased from TELUS is a third-party branded device, and the device is found faulty within the first 30 days of installation, TELUS will replace the equipment free of charge. Third-party branded device purchases are also covered by the manufacturer’s warranty, which you can find in the packaging of your device. Each manufacturer has its own warranty, but they generally cover repairs required to fix defects for up to a year. Manufacturer warranty information can be found at telus.com/support and if you need additional help, please call 1-888-811-2323.

You may use the Service in connection with third party equipment. TELUS makes no guarantee or representation of any kind with respect to the Service compatibility with any third party equipment not purchased from TELUS and/or not recommended by TELUS as being compatible with the Service.

For more information, please see
telus.com/equipmentwarranty
.

Device discount

You may have received a device discount when purchasing equipment at the time of your subscription to an eligible SmartHome+ Plans or SmartEnergy plan. You understand that if the plan subscription is canceled within 24 months, the full amount of the device discount you received, excluding taxes, will then be charged to your account. TELUS reserves the right to terminate your SmartEnergy subscription at its sole discretion, without notice, in cases of suspected fraudulent activity, misuse of the subscription, or violation of these terms or any applicable laws. No refunds will be issued in the event of termination by TELUS. The full amount of the device discount you received, excluding taxes, will then be charged to your account.

eBilling and My TELUS

If applicable, TELUS provides electronic billing only, which is accessible in your My TELUS account and which requires that you have access to the internet, have registered your account with My TELUS and have an active email address.

If you self-identify as a person with disabilities, or if you are a senior and prefer paper bills, you can request a paper bill be mailed to you. Please visit
telus.com/help

Also in the My TELUS account, you can view your subscription receipts and information.

TELUS Rewards

Rewards earned within the app may take up to 48 hours to be displayed on the rewards portal for redemption.

Rewards displayed in the app are not representative of all rewards available for redemption in the catalog. They simply show what the user has earned through the app while the account has been active.

Please review the detailed Terms and Conditions of TELUS Rewards program here:
telus.com/rewardsserviceterms

Third-party information sharing

TELUS will gather customer information through the app and will share it with its third party providers to the extent necessary to provide you with the service and its full functionalities and features. This data will be handled in accordance with our existing data handling and privacy requirements.

Information gathered and shared is used to manage accounts, settings, control devices, manage messages and content etc. within the SmartEnergy and SmartHome+ platform and across our partners.

Add-On Subscription Management

As a SmartEnergy or SmartHome+ customer, you will be able to subscribe to incremental services (hereby known as “Add-On” subscriptions) that offer incremental services related to your main service subscribed to. For example, the Home View plan is a main subscription service plan, and Continuous Video Recording is an Add-On subscription that requires the Home View plan to be active.

Add-On subscriptions are offered on a monthly term, and can run concurrently to the dependent main service or can be activated at a later date, provided the main service is active. For example, if you subscribe for the Continuous Video Recording Add-On on Jan 15-Feb 14, the Home View plan must also be active during this period. If the Home View plan is canceled and the service term ends during the active Add-On subscription period, then the Add-On subscription is also canceled the same date. Any amount paid in advance for the Add-on service that won’t be provided due the termination of your main service will be refunded on a prorated basis.

Device Control

As a SmartEnergy or SmartHome+ customer and mobile application user, you provide TELUS consent to operate your smart devices from time to time, as required for device control via the app, to support troubleshooting, and other purposes as app functionality requires.

In order to download and use the SmartHome+ App, you are required to agree to the app’s applicable terms and conditions:

Home Security & Safety

Regulations for home security systems vary by municipality and strata, and may change. As a home security customer, it is your responsibility to ensure compliance with local bylaws and the rules created by your strata administrator. Our ability to deliver service may be affected. Please contact your municipality or strata directly for information about local bylaws, permits and approvals.

As a SmartHome+ customer who has subscribed to Professional Monitoring services with a Safety & Security and/or Environment & Hazards subscription, you may be subject to false alarm fees, alarm permit fees, guard dispatch fees, and/or grounding fees. It is your responsibility to pay these charges, whether they are charged by your municipality or incurred through your TELUS bill. For more information, visit
telus.com/smarthome-fees
.

Keep Your Emergency Info Up-to-Date

If you subscribe to the Professional Monitoring service with a Safety & Security and/or Environment & Hazards subscription,, keep your emergency contacts updated on
telus.com/homesecurity/login
.

We care about you

If you need help, have feedback or have
any concerns
we would like to hear from you. Our customer service team always puts our customers first. They have access to all of the tools necessary to resolve any concerns.

We offer many convenient ways to reach us.

TELUS Support Articles
:
telus.com/support
TELUS Phone
: 1-888-811-2323
TELUS Phone (QC)
: 1-855-255-8828
TELUS Email
: Customer.Relations@telus.com
TELUS Email
: servicerelationclients@telus.com
TELUS Chat
:
telus.com/chat

Our customer service team will be happy to hear from you.

If you have a
complaint that you feel is not being resolved
you can request through any of the channels above to have your customer care specialist escalate your concern immediately. We are 100% committed to working with you to resolve your concerns.

TELUS Service Terms and Privacy Commitment

Your use of the service is subject to service terms and the TELUS Privacy Commitment, which may be consulted at
telus.com/serviceterms
and
telus.com/privacy

The service terms include important legal rights, obligations and limitations:

  • The service is provided on an “as is”, “as available” basis, and may fail or be interrupted for many reasons, including network maintenance. TELUS does not guarantee service availability or provide any warranties of any kind.

  • TELUS will not be liable for loss of profits, data, earnings or business opportunities, economic loss, punitive damages or any other loss in excess of the amount you have paid TELUS for the service in the month preceding the loss, whether caused by the service, the equipment used with the service or any programming

  • TELUS may make changes to its networks and undertake maintenance at any time without notice to you. TELUS may also update or change the software, features and settings to ensure the service meets TELUS standards

We understand that privacy is important to you and our Privacy Commitment describes how TELUS may gather, use and disclose your personal information. The permitted uses include sending you marketing messages for other TELUS services or messages that are tailored to your interests, based on your use of TELUS services. You can always unsubscribe. Every electronic marketing message from TELUS will have an unsubscribe option and you can manage other types of marketing messages from TELUS by calling Client Care.

Where applicable, this term is also applicable to our BETA program customers who go through the BETA signup page on TELUS.COM/SmartHomeBeta to sign up to be part of the BETA program.

The Service Terms and Privacy Commitment are available online and in-store. If you want a paper copy for your permanent records, please ask a sales associate or print a copy from
telus.com/serviceterms
and
telus.com/privacy
.

TELUS SmartHome+ and SmartEnergy Service Terms

This is an agreement between you (you or the “Customer”) and TELUS Communications Inc. ("TELUS"). It sets out the terms and conditions (the "Service Terms") that apply to your use of the home security monitoring, energy management, safety alerts and home automation system control services TELUS provides (the "Services"). The 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 subscription or 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"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted. 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 notified to you in accordance with the directions received on your monthly bill or email bill notice. 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, effective at the end of your current subscription period. 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. WHAT TELUS PROVIDES

a) Services

If you subscribe to a TELUS SmartHome+ service, TELUS will provide you a solution with the ability to monitor and automate activities within your premises remotely through various sensors and smart automation equipment, connected to the network facilities of your telecommunications service provider. It may allow you to program automations and access, heating, lighting, video and other control systems. Each monitoring or control function requires a separate piece of equipment that you are responsible for purchasing and installing. Depending on the Service(s) selected, the Customer’s home may or may not be connected to a central monitoring station 24/7. The Customer is responsible for providing Internet access to enable certain SmartHome+ features. SmartHome+ is accessible by way of an application from which the Customer can remotely control smart home equipment. It is your sole responsibility to monitor and procure the replacement of all device(s) associated with the Services before or on the applicable expiry date or the point in time in which the device(s) is not properly functioning, which will be at your own cost if you own the device(s).

If the Service is connected to a central monitoring station:

  • If the station receives an alarm from the Customer’s home or building, TELUS will notify 911, unless otherwise instructed by the Customer. In accordance with current legislation, TELUS may have to conduct checks before contacting 911, which may result in longer response times. 911 service is offered by a third party and not by TELUS.

  • The Customer must ensure that the information in his/her file is up-to-date, including the contact information of the person to reach in case of an emergency. The Customer authorizes TELUS to act on the instructions of any authorized person on file (emergency contact), including instructions to cancel an alarm or refusal to have 911 dispatched. Not providing correct and up-to-date information may cause delays for emergency service response, or calls to people the Customer does not want to respond on their behalf.

If the property in question is located in an area where the TELUS Guard Response Service is available and included in your plan:

  • When your alarm system goes off, TELUS will try to send a Guard to the premises for an exterior verification. If the Guard concludes that elements suggest that a crime has been committed, the Guard will try to notify the appropriate police service. TELUS can't guarantee dispatch and intervention delays for Guard and police services, if applicable. However, TELUS will put forth reasonable efforts to dispatch a guard on site within a reasonable timeframe.

  • You will have the opportunity to ask that police service be implicated when the event is triggered. You acknowledge and understand that TELUS will not arrest or detain anyone, for whatever reason. Annual service fees for Guard Response include 4 interventions at your location by 12 consecutive month cycle, after which regular TELUS rates will apply. A ($75.00) fee will be charged to the account. Please note that a Guard will be sent to the premises only for alarms that could warrant police service intervention.

  • Whether your plan includes or not the Guard Response Service; TELUS is not responsible for emergency service dispatch fees, regardless if the alarm is justified or not, nor for any damages of your property or someone else's property, including but not limited to, damages that can result from the response or lack of response of Guard or police services.

If you subscribe to TELUS SmartEnergy service, TELUS will provide you with a service that utilizes data from multiple sources including but not limited to, smart devices, weather and utility data in order to provide tips to users on how to help save energy consumption and hence money on their energy bills. Savings tips and claims are based on third parties’ data and estimates derived from the average consumption of homes within various regions of Canada, and TELUS disclaims all liability with respect to their completeness and accuracy. These tips and claims are for information purposes only and do not engage TELUS in any manner.

b) Equipment

TELUS is not responsible for the maintenance or repair of facilities or equipment owned by you, and does not guarantee that the Services will operate with telecommunications services not provided by TELUS. The Customer must supply the electrical and battery power at no charge to TELUS, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system. The Customer acknowledges that certain equipment may not be functional if there is a power failure or breakdown in Internet or mobile services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of the equipment, such as electrical interference, weather conditions and other factors beyond TELUS’ control.

You understand that devices related to the Services have limited useful lives and/or expiry dates, after which time they will not properly function. It is your sole responsibility to monitor and procure the replacement of all such device(s) before or at the end of their useful lives, which will be at your own cost if you own the device(s). Some equipment may be battery powered and will not operate if the batteries are low or discharged. The Customer is responsible for replacing equipment batteries whenever they are low or discharged, or when the system so indicates.

If you subscribe to a TELUS SmartHome+ service:

  • The Customer must arm and regularly test any equipment in the manner and at the frequency indicated in the documentation or as recommended by TELUS. If an error message appears in the SmartHome+ App, the Customer must promptly correct the cause of the error or inform TELUS. The self-testing programs of alarm systems are not designed to identify or correctly diagnose all possible system malfunctions.

  • If the Customer subscribes to Services that includes a camera, the Customer must determine the location of the camera and take lighting into account to enable it to capture quality images.

  • The Customer agrees to use the Services for personal purposes only and in accordance with the law, including the National Fire Code, the Safety Code and all applicable municipal bylaws. The Customer must verify whether permits are required and pay any fees therefor. The Customer must also comply with co-ownership rules, including those in any lease.

If you subscribe to a TELUS SmartEnergy service:

  • Some equipment may be battery powered and will not operate if the batteries are low or discharged. The Customer is responsible for replacing equipment batteries whenever they are low or discharged, or when the system indicates.

  • Devices used for energy events should be used within the manufacturers guidelines as TELUS is not responsible for misuse.

c) Forced Entry

You acknowledge that providing the Services may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that TELUS is not responsible for the damages so caused and you will indemnify the TELUS Entities and its vendors against any claim made by a third party as a result of such forced entry.

2. YOUR RESPONSIBILITIES

a) Requesting Service

You must supply all facilities and equipment necessary to connect your facilities and equipment to TELUS’ network facilities, including all wiring inside your premises and all monitoring and system control devices. All facilities and equipment 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 setting and securing any passwords used to restrict access to the sensors and control equipment used with the Services. You are responsible for complying with local bylaws and strata regulations governing the installation and operation of home security monitoring systems. False alarm fees that any government authority may impose upon TELUS, its vendors, or its agents relating to your use of the Services will be billed to you in arrears.

b) Acceptable Use

You may only use the Services at your premises or, for personal emergency response services, at your premises or where mobility service is available in Canada, for your own personal use, and in compliance with the law. You may not resell the Services nor directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, 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. You also agree not to threaten, abuse or harass any TELUS customer representative. If you experience five or more false alarms in any one-month period, TELUS may require that a technician visit your premises to diagnose the issue. Standard fees apply. If a technician visit is not scheduled within thirty days or the issue is unable to be resolved, TELUS may suspend your account until the issue is resolved.

c) False alarms and charges

The Customer shall be liable for false alarms and charges that any government authority or third party (including any security firm) may charge as a result thereof. The Customer shall be liable for any damage resulting from forced entry into the home or building if the Customer is not present or cannot be reached during an alarm.

d) Indemnity

You are responsible for any damages to TELUS' facilities or equipment located on your property and premises however 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 agrees to indemnify, defend, release and hold TELUS, and its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, and any of their respective affiliates, shareholders, , partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified 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 indemnified parties) incurred by, assessed or found against, or made by any of the indemnified 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 indemnified 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 indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

e) Your device and software must meet TELUS standards to access our service and operate properly with our service. Such standards may change from time to time as the technology evolves and you are responsible for updating your device and software as necessary to meet these standards. TELUS may also remotely update or change the software and settings on your device at any time without notice to ensure that it continues to operate properly with our service.

3. PRIVACY

You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, 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, and the personal information of others that you provide, 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 communications and entertainment 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, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services. In addition, with respect to home security monitoring and personal safety alert services, you agree to provide TELUS with up to date address, emergency contacts and any relevant health information you choose to be conveyed to emergency personnel and consent for this information to be provided to companies providing the services.

If you subscribe to a TELUS SmartHome+ service:

  • If the Customer subscribes to Services that includes a camera, any video, images and audio recordings captured by the camera are stored on the servers of TELUS or its suppliers and are purged at the end of the time of the terminated Service period.

  • Videos and images are kept based on the capacity of the equipment and the settings configured by the Customer.

  • The Customer agrees to respect the principles of privacy and image rights. The Customer may not use the Services to harass people or violate individuals' reasonable expectations of privacy.

  • If the Customer terminates a Service that includes a camera, any video, images and audio recordings captured by the camera are purged at the end of the time of the terminated Service period.

  • If the Customer removes a camera from their Service, then any data associated with that device (e.g. video footage, device history, etc.) is deleted.

If you subscribe to a TELUS SmartEnergy service:

  • The Customer agrees to use the Services for personal purposes only and in accordance with the law, including the National Fire Code, the Safety Code and all applicable municipal bylaws. The Customer must verify whether permits are required and pay any fees therefor. The Customer must also comply with co-ownership rules, including those in any lease.

  • The Customer agrees to respect the principles of privacy and image rights. The Customer may not use the Services to harass people or violate individuals' reasonable expectations of privacy.

  • The Customer acknowledges that certain equipment may not be functional if there is a power failure or breakdown in Internet or mobile services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of the equipment, such as electrical interference, weather conditions and other factors beyond TELUS’ control.

  • If the Customer removes a device from their Service, then any data associated with that device (e.g. energy consumption, device history, etc.) is deleted

  • The customer agrees that their energy devices will be automatically opted into energy savings events that may turn off or reduce consumption from qualifying devices for a period of time.

  • Upon completion of an energy savings event, it is the customer's obligation to ensure all devices have returned back to their desired state.

  • Upon completion of an energy event, TELUS will reward the user based on their level of participation. In the case of TELUS rewards being granted, the user will be required to accept the rewards platform Terms and conditions before redeeming any points.

  • The customer agrees that by utilizing the Energy service, TELUS may be required to share data captured by smart devices with third parties.

  • TELUS energy management services are designed to help consumers decrease energy usage when energy is in high demand and at other specific times, and our demand response program also is designed to coordinate consumers’ energy reductions and load modifications and to sell aggregate reductions in energy markets and utility programs and sell potential aggregate reductions in capacity markets. For these purposes, the Services will monitor your energy consumption by, among other things, accessing and analyzing your electricity usage records on file with your electric utility company (“Utility Records”).

4. GENERAL TERMS

a) No Warranties

The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. TELUS does not guarantee that you can or will be located using the Services. 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. If you subscribe to security monitoring services, you agree that TELUS is not an insurer, that the security services are limited in scope and that it is your obligation to maintain adequate insurance coverage.

b) Limitation of Liability

To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “TELUS parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the services. With respect to any direct damages, you agree that the maximum liability of the TELUS parties is limited to a sum not to exceed the greater of: (1) two hundred and fifty dollars ($250.00); or (ii) the fees paid by you to TELUS for the particular services giving rise to the claim in the twelve (12) 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.

c) Termination and Suspension

TELUS may terminate the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from TELUS, (iii) 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 (iv) for any reason, upon 30 days written notice to you. Upon termination of the Services, TELUS shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you

d) Arbitration

EXCEPT FOR QUEBEC RESIDENTS: 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) your 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.

Appendix A

Compensation in case of loss, theft, breakage, destruction or non-return of equipment
:*

Equipment

Amount payable

TELUS Smart Hub

$150.00

TELUS LTE Backup Device

$150.00

*Plus applicable taxes

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