After the Services have been requested, you must provide TELUS with a location on your premises to provide access to the Services and allow TELUS to enter your property and premises in order to install, maintain and repair TELUS' facilities and equipment. You agree to pay any unusual expenses required to extend TELUS' network facilities to your premises, including the cost of all trenching and backfilling work, poles, conduits and other facilities TELUS requires to extend its network facilities from your property line to the point of access to the Services on your premises, and any expenses incurred to secure rights of way, access and occupancy.
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 telephone terminal equipment. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada. If electrical power is required to provide the Services, you must supply the power at no charge to TELUS. If battery backup is required to ensure continuous access to the Services, you are responsible for verifying the power level of the backup battery and replacing it immediately if the remaining charge falls below the recommended minimum level.
If you cancel a request for Services after installation work has started, you will be charged the costs incurred for the installation, including the cost of equipment, materials and supplies specifically provided or used for the installation, the cost of labour, fees for engineering design and supervision, and any other expenses resulting from the installation and removal work.
You are responsible for all charges properly billed by TELUS to your account, including charges for all calls made from any telephone terminal equipment providing access to the Services, and for all toll calls accepted at such telephone terminal equipment, regardless of who made or accepted them. You may dispute charges for calls you do not believe originated or were accepted at any telephone terminal equipment providing access to the Services, in accordance with the procedure described in the introductory pages of the telephone directory or at the Service Web Site.
You may not use the Services or permit any other person to use the Services for any illegal purpose, or to make annoying or offensive calls. You also agree not to threaten, abuse or harass any TELUS customer representative. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to programming on the Services. You may not 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 in any way that interferes with the ability of other customers to use services provided by TELUS fairly and proportionately, and TELUS may, at any time, limit the use of any Services in order to prevent such interference. TELUS may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Services if they interfere in any way with the Services or the operation of the facilities or equipment used by TELUS to deliver the Services.
d)
Fees and Other Charges
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 or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as TELUS may determine from time to time. You have the option of blocking access to all long distance toll calls, 900/976 and other pay per use calls, or usage based calling features, for an additional charge as permitted. If you use the Services through a mobile application or the internet, charges may apply for data usage under your mobility or internet 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 owing 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.
You may change your Services at any time. If you received a promotional offer in exchange for maintaining a minimum level of Services, cancellation fees will apply if you downgrade below the minimum. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at telus.com and may change without notice.
f)
Payment for the Services
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, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. A $25 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.
TELUS may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with TELUS or do not provide other proof of creditworthiness satisfactory to TELUS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with TELUS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. Interest on any security deposit required by TELUS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank, shall be credited to your account monthly. TELUS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
You are responsible for all use of the Services, including by third parties, even if you have not authorized them to use the Services. You are responsible for controlling access to your Services account. You will indemnify the TELUS Entities against any claim made by a third party in connection with their use of the Services.
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.