Business Anywhere Plus® - Terms and Conditions
These General and Service Specific Terms and Conditions apply to the TELUS Services in Business Anywhere Plus®.
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Terms and Conditions
A. General Terms and Conditions
These General Terms and Conditions form part of the Agreement between the Customer and TELUS for the Services. If there is any conflict between any of the documents which form the Agreement, such documents shall be interpreted in accordance with the following order of priority: published rate plans, TELUS’ Tariffs (defined in the Service Terms), the Service Terms, these General Terms and Conditions, and the Order Details.
Charges and Payment.
The Customer is responsible for all charges resulting from any calls or messages or other communications made to or from any telephone, computer or other device using the Services. Until the Agreement is terminated, TELUS will bill the Customer each month, and the Customer shall pay the charges for the Services as specified in the Order Details including all applicable taxes, assessments or government charges. If the Customer’s address for service changes from the Service Address in the Order Details, charges for certain Services may vary. The Customer shall pay a late payment charge at the interest rate shown on the bill or, if no interest rate is shown on the bill, at the rate of 2% per month (26.82% per year) calculated from the billing date, on any charges not paid on or before the due date shown on the bill. TELUS may change the late payment charge at any time upon giving at least 30 days prior notice to the Customer. TELUS may bill the Customer exclusively by posting the Customer’s invoice on the Internet. If TELUS bills the Customer through Internet posting, the Customer agrees that (i) the Customer shall receive its bill, and applicable late payment charges shall begin to accrue, when TELUS posts the Customer’s bill online at the website specified in the notice, and (ii) the Customer waives pre-notification of the amounts and dates of debits from the Customer’s account.
TELUS may suspend the Services or terminate the Agreement effective immediately upon notice to the Customer if the Customer breaches any provision of the Agreement and does not remedy the breach within ten (10) days following notice of the breach, or becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors or appoints or has appointed for it a receiver or manager, or ceases to do business as a going concern or is wound up or dissolved. On termination of the Agreement, the Customer shall pay TELUS the termination charges and the other amounts described on the Order Details. TELUS may suspend or restrict the Services temporarily if TELUS reasonably believes it is desirable or necessary to do so to maintain, restore or repair any part of the network(s) or any part of the Services or for other business reasons.
Use of the Services.
The Customer shall use the Services in compliance with all laws and shall not: resell the Services; receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party; share or transfer the Services without TELUS’ express consent; tamper with or change the Services or any TELUS equipment or facilities or Service Components (as defined below); use the Services to operate an email, web, news or other similar service; abuse the Services or use the Services or engage in any activity that could compromise the security or interfere with any TELUS equipment or facilities, TELUS’ network or any network or computers on the Internet; or permit the use of the Services by any other person or in a manner that avoids the payment of any charges or abuse any flat rate or unlimited use service plan offered by TELUS. The Customer is responsible to provide, update and maintain its equipment and software used in conjunction with the Services as necessary to meet TELUS’ standards as such standards change from time to time.
Numbers and Property Rights.
Subject to any rights available under applicable laws, including any right to port a number to another carrier, the Customer shall not own or have any property right in any phone number, IP address, network equipment identifier, domain name, email id or other address assigned by TELUS for use with the Services. TELUS may, on at least thirty (30) days notice, change any such numbers without liability. Title to, ownership of, and all intellectual property rights in, any facilities, equipment, software, systems, processes and documentation used to provide the Services (the “Service Components”) shall be and remain with TELUS, or its suppliers and licensors. Unless expressly stated elsewhere in the Agreement, the Agreement does not grant to the Customer any intellectual property or other rights or licenses in or to any Service Components.
The Services are provided on an "as is" and "as available" basis. The Customer shall use the Services at its own risk. TELUS does not guarantee timely, secure, error-free or uninterrupted Services or receipt of material or messages transmitted over or through TELUS' network or the networks of other companies or in respect of the Internet. The Services may fail or be interrupted for various reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other telecommunications companies, emergency or public safety requirements, or causes beyond TELUS' reasonable control. To the fullest extent permitted by law, TELUS disclaims all warranties and conditions (express, implied or statutory) relating to the Services. Additional restrictions on or limitations of the Services are set out in the Service Terms.
The Customer will indemnify TELUS for all damages, expenses, losses, claims or judgments sustained by or made against TELUS in connection with the Customer's use or misuse of the Services, any Customer equipment used with the Services or a breach of the Agreement by the Customer.
Limitation of Liability.
TELUS shall not be liable to the Customer or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to property), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss, arising out of or in connection with the provision, use or failure of the Services, or any equipment used with the Services, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise. TELUS shall not be responsible for: (a) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over TELUS' network or recorded on the equipment of TELUS; (b) damages arising out of the Customer’s act, default, neglect or omission in the use or operation of equipment activated on the TELUS network; (c) damages arising out of the transmission of material or messages over TELUS’ network on the Customer’s behalf, which is in any way unlawful; or (d) any act, omission or negligence of other companies or telecommunications systems in relation to the provision of the Services to the Customer. Unless and to the extent otherwise provided for in the Agreement, the entire liability of TELUS and its Affiliates to the Customer relating to or arising out of the Agreement, whether in contract, tort or otherwise, will not exceed the total charges the Customer paid for the Services during the first six (6) month period immediately preceding the event which gave rise to the claims. The Service Terms for Mobility Services contain additional limitations on liability.
Unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by TELUS regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than: the Customer; a person who, in the reasonable judgment of TELUS is seeking the information as an agent of the Customer; another telecommunications company, provided the information is required for the establishment of, or the efficient and cost-effective provision of, telecommunications services and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent used by TELUS to evaluate the Customer’s creditworthiness or collect the Customer’s account, provided the information is required for and is to be used only for that purpose; a public authority or agent of a public authority, if in the reasonable judgment of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; or an Affiliate involved in supplying the Customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose. Express consent may be taken to be given by the Customer where the Customer provides written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by TELUS, or consent through other methods, as long as an objective documented record of the Customer consent is created by the Customer or by an independent third party. TELUS may also release to a law enforcement agency, in accordance with the terms of a tariff approved by the CRTC, the identity of the service provider, the customer name and service address associated with a specific telephone number. The Customer hereby consents to the publication of the mobility numbers assigned to the Customer’s account, and presentation of caller ID as well as the disclosure of and sharing by TELUS, its Affiliates and their agents of information that they have about the Customer in order to assess the Customer’s creditworthiness and to market or provide products and services of TELUS, its Affiliates and third parties who provide products and services in association with TELUS and its Affiliates. If the Customer is an individual person, the Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment published at http://www.telus.com/privacy/privacy.html. The TELUS Privacy Commitment may be updated from time to time. The Customer may inspect any TELUS records related to the provision of the Customer’s service, provided that the Customer pays TELUS' related extraordinary costs. The Customer may request that its name and address not be included on any list provided to any other person or used by TELUS. TELUS may share the Customer’s personal information on a confidential basis with third party service providers. The Customer acknowledges that if any such service provider is located in the U.S. or other foreign country, the Customer’s personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. For the avoidance of doubt, during roaming outside Canada the storage, treatment and transfer of the Customer’s personal information and data may be subject to regulation different from regulation in Canada. The Customer agrees to provide TELUS with the Customer’s current email address (and to inform TELUS if that email address changes) to enable TELUS to provide the Customer with tools and services to manage the Customer’s TELUS account and to ensure that TELUS can communicate with the Customer about account related items on a timely basis.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future (except for the collection from the Customer of any amount by TELUS) arising out of or relating to: (a) the Agreement; (b) equipment or the Services; (c) oral or written statements, or advertisements or promotions relating to the Agreement or to a product or service; or (d) the relationships which result from the Agreement (including relationships with third parties who are not parties to the Agreement), (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. Either party may commence court proceedings to enforce the arbitration result when an arbitration decision shall have been rendered and thirty (30) days have passed from the date of such decision. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as we agree upon, and failing agreement will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the province of British Columbia.
The laws of the province of British Columbia and the applicable laws of Canada apply to the Agreement. The Customer must not assign the Agreement without TELUS’ prior written consent. In the Agreement, an "Affiliate" means an affiliated body corporate as defined in the Canada Business Corporations Act and, in the case of TELUS, any partnership or other unincorporated association in which TELUS Corporation or any of its affiliated bodies corporate (as so defined) has a controlling interest. The words “including” and “includes” mean “including without limitation” and “includes without limitation”. If any part of the Agreement is void, prohibited or unenforceable, the Agreement will be construed as if such part had never been part of the Agreement. The Agreement will enure to the benefit of and bind the successors, permitted assigns and (if applicable) personal representatives of the Customer and TELUS. All notices necessary under the Agreement shall be given in writing, and either personally delivered, or sent by registered mail to the Customer at the billing address associated with the Customer’s account or by email to the Customer’s email address, and to TELUS at the mailing address or email address in the Order Details. Notices, if personally delivered or sent by email, will be deemed to have been received the same day, or if sent by registered mail, will be deemed to have been received four (4) days (excluding Saturdays, Sundays and statutory holidays) after the date of mailing. The headings in the Agreement have no legal force or effect. The transmittal of signatures by facsimile or other electronic means is valid execution of the Agreement and is legally binding on the Customer and TELUS.
B. Service Terms
These Service Terms form part of the Agreement between the Customer and TELUS for the Services.
Mobility Services provides the Customer with wireless voice and data services within the TELUS mobility coverage area, and includes Wi Fi Internet access service where available through TELUS’ wireless network access points. Details about the Mobility Services provided to the Customer are specified in the Order Details. The Customer and TELUS will not have a binding agreement for the provision of Mobility Services until TELUS has activated the wireless devices on TELUS’ network.
In these Service Terms, “equipment” means all equipment (including phones, smartphones, pagers, SIMs, and modems or any other type of wireless telecommunications device) used in connection with the Mobility Services. “SIM” means subscriber identity module.
- Charges and Payment
All Services use and access fees and other charges, including taxes, are due and payable as specified by TELUS on invoices to the Customer or the person or company paying the bill or as otherwise arranged with the Customer by TELUS. Charges will be deemed to be correct if not disputed by the Customer within thirty (30) days of the invoice date. The Customer’s Services use, access fees and other charges will continue until the Services are terminated. If the Customer changes its residence from one province to another, a different TELUS rate plan may apply to the Services. If the Customer’s equipment is lost, stolen or damaged, the Customer must pay all monthly and other charges for the use of the Services up to the time that TELUS is properly notified. Any credit balance less than or equal to $5 at the time of cancellation of the Customer’s TELUS account for the Services will not be refunded to the Customer. A returned payment administration fee will be charged on the Customer’s next invoice for any payments not honoured by a financial institution or credit card company. The airtime used for each voice call is rounded up to the nearest minute, unless the Customer’s rate plan or feature provides otherwise. The airtime used for each voice call includes (a) for calls the Customer makes, the time between the Customer’s initiation of the call, by pressing the “Send” button, and the disconnection of the call, and (b) for calls the Customer receives, the time between the moment the call connects to TELUS’ network, including call set-up and ring time, and the disconnection of the call. Local calling airtime is used for all long distance and roaming calls, and is charged in accordance with the Customer’s rate plan. Long distance charges apply to all calls received while the Customer is outside the Customer’s local calling area. The Customer may also incur long distance charges while making a call within a local calling area, as a result of signal propagation in border regions. Data charges are billed per session in increments of 1 kilobyte (20 kilobytes for roaming outside Canada and the United States), with a minimum monthly amount of 1 MB, unless the Customer’s rate plan or feature provides otherwise. Protocol headers and user data are both counted as data usage. TELUS may bill the Customer exclusively by posting the Customer’s invoice on the Internet. If TELUS bills the Customer through Internet posting, the Customer agrees that (i) the Customer shall receive the Customer’s bill, and applicable late payment charges shall begin to accrue, when TELUS posts the Customer’s bill online at the website specified in the notice, and (ii) the Customer waives pre-notification of the amounts and dates of debits from the Customer’s account.
Under certain circumstances, TELUS may require a security deposit from the Customer or limit the Customer credit on the account each month because of a credit check or the Customer’s payment history. If a deposit is required and the Customer’s TELUS account is kept current for the required time, TELUS will return the deposit to the Customer by applying the deposited amount to the Customer’s TELUS account. Otherwise, TELUS will refund the deposit to the Customer (subject to sub-section 3 above) upon cancellation of the Customer’s TELUS account, retaining only the amount then owed by the Customer. TELUS may apply the deposit to amounts owing by the Customer for the Services under this Agreement or any other agreement. If the deposit is applied in whole or in part to pay an overdue account, the Customer must replenish the deposit within ten (10) business days of the date appearing on the notice informing the Customer of the payment. 5. Use of the Services The Customer will use the Services in compliance with law and with Service rules adopted by TELUS from time to time, including safe driving and health and safety guidelines. The Customer will use the Services for customary voice, messaging and wireless mobile Internet usage purposes only which specifically exclude the use of the Services for: voice over Internet protocol, continuous data transmission or broadcasts, automatic data feeds or automated machine to machine connections; or any other application which uses excessive network capacity or may otherwise adversely impact other clients or the Services; use the Services to transmit or send any annoying, inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; engage in any activity that could compromise the security of or disrupt or interfere with the Services or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider. The forgoing are examples of types of use that constitute abuse of the Services. The area in which TELUS provides the Services may be enlarged or reduced in scope from time to time at TELUS’ discretion. To maintain or improve the Services, or for other business reasons, TELUS may make changes to TELUS’ networks and other facilities, and may suspend, restrict, or modify the Services without notice to the Customer. TELUS may terminate the Services upon reasonable advance notice if TELUS ceases to operate the network facilities used for the Services. 6. APPLE iPhone Terms and Conditions (includes Apple and third party terms and conditions) Use of iPhone constitutes acceptance of iPhone terms and conditions and other third party terms and conditions found in the iPhone box, or at: http://www.apple.com/legal/sla/docs/iOS7.pdf, http://www.apple.com/legal/itunes/ca/terms.html#SALES. If the Customer disagrees with these, the Customer can return the phone in accordance with TELUS return policy. An iPhone purchased from a TELUS authorized dealer is TELUS network compatible only.
- Rate Plan Changes
During the Term, TELUS will not increase the Customer’s monthly plan rate for the Services or decrease the number of minutes included in the Customer’s monthly plan, but other charges may change and additional charges may apply subject to thirty (30) days’ prior notice to the Customer from TELUS. Such changes will apply after thirty (30) days from the effective date in the notice and continued use of the Services by the Customer will be deemed Customer acceptance of the changes. Where Mobility Services are an optional service added to a TELUS Business Freedom Bundle selected by the Customer as specified in the Order Details, the Customer may change the monthly rate plan to increase the Customer’s monthly commitment at any time during the Term subject to the specific conditions and availability of the other monthly rate plan by submitting a request to TELUS via the contact information set out in the Order Details. After the first six (6) months of the Term, the Customer may change the monthly rate plan to decrease the Customer’s monthly commitment, subject to the specific conditions and availability of the other monthly rate plan, by submitting a request to TELUS via the contact information set out in the Order Details at anytime. For any such change after the first six (6) months of the Term, a $25 administration fee will apply for each change.
TELUS networks are able to support a wide range of equipment. However, not all equipment will work on all TELUS networks. Please refer to the warranty statement provided with the Customer’s equipment. Any unauthorized activity including unlocking or tampering with the Customer’s equipment and/ or adding unauthorized third party software or applications ("unauthorized activity") will void warranties and may change the Customer’s experience of the Services.
Roaming services are available on compatible equipment where technology permits. When roaming outside of TELUS' Service area, the Customer is responsible for all applicable charges, and is subject to the terms and conditions of service (including limitations of liability) imposed by the wireless service provider providing the roaming services. TELUS and other wireless service providers who provide roaming services may make changes to the roaming services, networks and/or other facilities and may enlarge, reduce or change roaming coverage areas, without notice. The Customer may incur roaming charges while still within TELUS coverage areas, as a result of signal propagation in border areas. The Customer will not be responsible for playing applicable charges for previously unbilled roaming charges if they are not billed within one hundred and fifty (150) days from the date they were incurred. The Customer acknowledges and agrees that unwanted content and services may be provided to the Customer without notification while roaming. TELUS will only charge the Customer for content and services the Customer uses. Emergency services numbers such as 911 and many special numbers such as 411 are country specific. Dialling these numbers while roaming outside of Canada may not result in the desired service. It is the Customer’s responsibility to look up and use country specific numbers while roaming outside of Canada. TELUS is not liable for not directing these numbers to the appropriate service while the Customer is roaming outside of Canada.
- Customer’s Account, Equipment and Online Services
The Customer is 8esponsible for maintaining the confidentiality of all login names and passwords used to access the Customer’s account through TELUS’ web-based account management portal and for all uses of the account management portal, by anyone using the log-in names and passwords. The Customer shall protect the Customer’s equipment against loss, unauthorized use, theft or damage. If the Customer’s equipment is no longer in the Customer’s possession due to loss or theft or if the Customer suspects unauthorized use, the Customer must contact TELUS so that steps may be taken to prevent or cease unauthorized use of the Customer’s equipment. TELUS may, in its sole discretion, alter, limit or delete any part of the online services at any time. Although TELUS may change the timing from time to time without notice, TELUS currently intends to delete: (i) items that are in the Customer’s "Deleted Items" folder for more than seven (7) days; (ii) items that are in the Customer’s "Sent Items" folder for more than thirty (30) days; and (iii) accounts to which the Customer has not logged on for ninety (90) consecutive days. TELUS is not responsible for any act or omission of any third party service, application or content providers.
The Customer will only use devices that are compatible with Mobility Services. The Customer’s devices, and software the Customer uses in conjunction with Mobility Services, may have to meet certain TELUS standards and be maintained in certain ways in certain locations in order to access Mobility Services or for the proper operation of Mobility Services. Such standards may change from time to time in TELUS’ sole discretion. Unless otherwise advised by TELUS, the Customer is solely responsible for updating and maintaining the Customer’s devices and any software the Customer uses in conjunction with Mobility Services as necessary to meet TELUS’ standards.
TELUS may change the software, features and settings on equipment including through "over-the-air" or other means. The Customer agrees that TELUS can perform the foregoing activities as required and without notice. While such activities are undertaken, Mobility Services will not be available and TELUS will try and complete such work at times that will cause the least inconvenience.
The Customer shall not (and will not permit anyone other than a TELUS authorized person to) reproduce, alter, adjust, repair or tamper with any signalling, identification (including but not limited to the MIN, ESN, APN, MEID, IMEI, IMSI, MSISDN, domain name and other numbers or authentication information) or transmission function or component of any equipment or other device used on or in connection with he Mobility Services.
TELUS has the right, but not the obligation, to monitor or log any TELUS Internet site or use of the Services. The Customer consents to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect TELUS or its clients from unwanted use of certain services or applications. TELUS reserves the right to delete, remove or block access to any Internet capability, content, information or third party products or services available or transmitted through the Services that TELUS, in its sole discretion, believes is unacceptable or in violation of these service terms. The Customer grants TELUS and TELUS’ service providers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from, any and all user content the Customer elects to create or post in connection with the Services (“user content”), solely as required for TELUS to provide the Services. The Customer acknowledges that TELUS may store the Customer’s user content on TELUS’ or TELUS’ service providers’ facilities for the purposes of the Customer accessing such content, or others that the Customer wishes to have access such content, but that if such user content is not accessed within a certain period of time (not less than thirty (30) days from the last access unless the Customer is informed otherwise) or if the Services terminate, TELUS may delete such user content without notice to the Customer. If the Customer upgrades or replaces equipment, user content including pictures, contacts, music, screensavers, games and ringtones may not be capable of being transferred to the other equipment.
- Limitation of Liability - Emergency Services
The liability of TELUS for damages caused by negligence on the part of TELUS in the provision of mandatory emergency services, except in cases where such negligence results in physical injury, death or damage to Customer's property or premises, or where such damages are caused by the deliberate fault, gross negligence, anti-competitive conduct, or breach of contract resulting from gross negligence, on the part of TELUS, is limited to $20.
- CRTC Wireless Code
The CRTC is responsible for regulating telecommunications companies in Canada. The CRTC has created a Wireless Code that applies to wireless service, which each Customer can consult at crtc.gc.ca/wirelesscode. To make a complaint under the Wireless Code, the Customer can contact the Commissioner for Complaints for Telecommunications Services at 1-888-221-1687
- Device Unlocking
New wireless devices purchased from TELUS can only be used with TELUS service for the first ninety days. After ninety days, if the Customer is in good credit standing, the wireless device can be unlocked for a $50 fee.
- Contacting TELUS
The Customer can reach TELUS at any time, toll-free at 1-866-558-2273 or from the Customer’s wireless device at *611 (a free call) or on Twitter @TELUSSupport. To manage your wireless account online visit mytelusmobility.com/youraccount.
- Trial Period
TELUS has a customer Satisfaction Guarantee. If the Customer is not satisfied with its wireless device or the Service, the Customer can return the wireless device for a full refund and cancel service within fifteen days of the start of the service period. Cancellation fees do not apply unless the Customer has used more than fifty voice minutes or fifty text messages or fifty megabytes of data. The wireless device must be returned in near new condition with the original packaging to TELUS. If the Customer is a person with a disability, this trial period is extended to thirty days and the usage limits are doubled.
- Managing the Services
The Customer has unlimited access to the Services, but additional pay per use charges will apply once the Customer has used up the Services included in the rate plan subscribed to by the Customer. TELUS provides Customers with the tools to cap additional data charges. If selected in the Order Details by the Customer, each month, TELUS will send an SMS message to each device that has incurred $50 of additional charges for data use in Canada and $100 of additional charges for international data roaming.
The Customer can then continue using data by replying to the SMS to accept further charges. The additional charges will be calculated using the pay per use rate that applies to the rate plan and service options subscribed to by the Customer. For flex data plans, also known as Cost Assure plans, the cap starts once the data in the top tier has been used. For international data roaming, the cap starts once the data included in any roaming package the Customer has purchased has been used.
Business Line Services
Business Line Services provides the Customer with:
a) business classified individual-line service or business classified multi-line (“Business Line”) exchange service;
b) the Call Management Services and/or Voice Mail Services (“Calling Features”) in the table below; and
c) Business Long Distance Service (“LD Service”), the features of which, including rates, are specified in the Order Details.
Details about Business Line Services are specified in the Order Details
Additional Service Terms: Business Line Service
The terms and conditions in this section apply to Business Line Services in forborne exchanges and regulated exchanges.
2.1 TELUS Tariffs.
For business classified individual-line service or business classified multi-line exchange service and related calling features ("Local Services") which are regulated by the Canadian Radio-television and Telecommunications Commission (the "CRTC"), the Customer’s use of the Services is subject to the terms of service and other terms and conditions (including limitations on TELUS' liability) set out in TELUS' tariffs, as amended from time to time and approved by the CRTC ("TELUS' Tariffs"). To determine whether TELUS’ Tariffs apply, the Customer may enter the telephone number for the Customer’s Local Services at http://about.telus.com/publicpolicy/LSlookup.html. TELUS’ Tariffs applicable to the Local Services are published at http://about.telus.com/cgi-bin/tariffs.cgi.
TELUS will begin billing the Customer for Business Line Services when TELUS is the local exchange carrier (“LEC”) for the Customer, TELUS is the primary interexchange carrier (“PIC”) for all of the Business Lines included in the Business Line Services, and Business Line Services are available for use by the Customer. Each month, the Customer shall pay for each Business Line the Customer has in service i.e., Monthly Charge applicable to Business Line Services. In addition, the Customer shall pay for any LD Services utilized by the Customer at the rates specified in the Order Details.
2.3 Additional Charges
Business Line Services rates do not include the mandatory Provincial 9-1-1 charges for Alberta and British Columbia (CRTC Tariff 21461 Item 203), or any mandatory Local Calling Area (LCA) Expansion charges. These charges may change as a result of CRTC approved changes to TELUS’ Tariffs. For Business Line Services provided by TELUS in Alberta and British Columbia, the Customer shall pay these additional monthly charges for each Business Line.
2.4 Service Charges
For installations and changes to the Business Line Services after the first thirty (30) days of the term, the Customer shall be responsible to pay the then in effect service charges. Service charges, which include data processing, field connection and office connection charges, will be waived during the first thirty (30) days of the term.
In the event that:
TELUS is not the local exchange carrier (“LEC”) for the Customer; or
TELUS is not the primary interexchange carrier (“PIC”) for the Business Lines included in the Business Line Services;
Business Line Services will no longer be provided in accordance with the terms and conditions in these Service Terms. Any Business Lines and Calling Features that continue to be provided to the Customer will be provided at month to month rates in accordance with TELUS’ month to month terms and conditions which can be found at http://www.telus.com/businessterms for forborne exchanges and http://about.telus.com/publicpolicy/tariffs/ for regulated exchanges and, for LD Services, the rates in the message toll schedule (as amended) available on TELUS’ Internet web site at http://about.telus.com/publicpolicy/rates.html and the terms and conditions at http://www.telus.com/businessterms.
Additional Service Terms: Business Line Services and Calling Features (forborne exchanges)
The terms and conditions in this section only apply to Business Line Services in forborne exchanges.
3.1 TELUS Responsibilities
TELUS will provide the Business Lines, Call Management Services and Voice Mail Services in accordance with the service terms for Local Business Line Service, Call Management Services and Voice Mail Services available on TELUS’ Internet web site at http://www.telus.com/businessterms.
Additional Service Terms: Business Lines and Calling Features (regulated exchanges)
The terms and conditions in this section only apply to Business Line Services in regulated exchanges. In regulated exchanges, the Business Lines and Call Management Service feature and Voice Mail Service feature elements of Business Line Services are service elements of the Business Local Access Bundle.
4.1 List of TELUS’ Tariffs
TELUS’ Tariffs applicable to all services provided as part of Business Line Services include the following: the General Terms of Service, Tariff Items 101-124 of TELUS’ General Tariff (CRTC 21461); and Tariff Item 321 of TELUS’ General Tariff (CRTC 21461). These Tariffs may be amended from time to time.
In TELUS’ Tariffs that apply to Business Local Access Bundle i.e., Tariff Item 321 of TELUS’ General Tariff (CRTC 21461), the Term is referred to as the Minimum Contract Period and may also be described as the "contract term", "term of the contract" or "term". Capitalized words that are not defined in the Agreement as it relates to the Business Line Services are defined in TELUS’ Tariffs.
Additional Service Terms: LD Service
The terms and conditions in this section only apply to LD Service, a service element of Business Line Services.
5.1 Service Description
LD Service enables the Customer to place and receive long distance calls described using:
telephone lines for which TELUS is the primary interexchange carrier (“PIC”);
toll-free numbers for which TELUS is the responsible organization and toll-free carrier; and
calling cards and calling card numbers issued to the Customer by TELUS.
5.2 Service Restrictions
Long distance calling within Canada and the U.S. is limited to direct dialled business conversations or voice messages and does not apply to use of calling cards or long distance service for chat lines, data, person to person long distance calls, or long distance calls made using call forwarding and 3-way calling. For long distance calls made to locations outside of Canada or the U.S., applicable long distance charges shall apply.
5.3 Confirmation of Billing Telephone Numbers (“BTNs”)
The rates that apply to LD Service will only apply to BTNs confirmed by the Customer in accordance with this sub-section, and will become effective on the date LD Service is implemented by TELUS. Any Service Address specified in the Order Details is a Customer address for information only and does not define or restrict the addresses or service locations of the BTNs for which TELUS is the PIC, responsible organization or toll-free carrier or to which LD Service is provided.
5.4 Service Limitations
TELUS makes no representations or warranties of any kind or nature with respect to the capability or reliability of LD Service for data transmission purposes including calls originating from credit card validation and point of sale terminals.
5.5 Calling Cards and Calling Card Calls
The Customer is responsible for the distribution, use and safekeeping of, and all charges arising from the use of, all calling cards and calling card numbers issued to the Customer by TELUS, even if the calling card calls or the charges arising from the use of the calling cards or calling card numbers were not authorized by the Customer. The terms of the cardholder agreement accompanying calling cards issued to the Customer by TELUS (other than the TELUS General Terms for Non-Tariffed Services or Long Distance Terms of Service) also apply to the LD Services. If there is any conflict, the General Terms and Conditions and these Service Terms will take precedence over the cardholder agreement.
If the Customer uses LD Service and the LD Service is not subject to a rate that is an element of Business Line Services, the message toll schedule (as amended) available on TELUS’ Internet web site at http://about.telus.com/publicpolicy/rates.html or on request shall apply and is incorporated by reference and forms part of this Agreement as it relates to LD Service, mutatis mutandis. If the LD Service is not subject to a rate that is an element of Business Line Services subscribed to by the Customer, TELUS will rate eligible international calls in accordance with the Business Long Distance Overseas Rate Schedule.
TELUS will bill and the Customer will pay for a minimum of thirty (30) seconds for each direct dialled outbound toll call, toll-free call and calling card call, and after the first thirty (30) seconds of the call, the call will be billed in six (6) second increments.
5.7 Responsibility for Charges
The Customer shall pay the charges for use of LD Services billed to the Customer’s account regardless of who used the LD Services, the location of the person whose use of the LD Services resulted in such charges, or the method used to access the LD Service.
Unless expressly permitted by TELUS, the Customer shall not resell the LD Services, or access to the LD Services, directly or indirectly to third parties. If TELUS permits such resale to or access by third parties, the Customer shall be responsible for all such third party use or access and the Customer shall indemnify and save harmless TELUS from and against all claims, demands, and actions and shall be liable to TELUS for all losses, costs, damages, and expenses, including legal fees, incurred by TELUS arising from third party use of or access to LD Services.
5.9 Other Documents
The Customer will sign any authorizations required by other companies in order for TELUS to provide the LD Services.
Audio & Web Conference on Demand Services
Audio & Web Conference on Demand Services provide the Customer with audio conference calls without the need to reserve ports in advance, giving users a permanent dial in number as well as chairperson and participant passcodes (“Conference on Demand Services”).
Conference on Demand Services provide the following features:
teleconference local access, which provides participants in certain metropolitan areas with access through local telephone numbers to Conference on Demand Services;
teleconference toll-free access, which provides toll-free access to the conference bridge to participants via a special toll-free number; and
web conference on demand, a web conferencing application that is fully integrated with audio conferencing and supports real-time collaboration by allowing presenters to share slide shows, applications or a desktop with conference participants.
The charges specified in the Order Details will apply to each minute of use per audio and web teleconferencing port.
With respect to teleconference toll-free access, in addition to all other applicable charges, the Customer is responsible for all long distance charges (for each minute of use per teleconferencing port) associated with use by conference call participants of the special toll-free number at the per minute charge for teleconference toll-free access specified in the Order Details.
Teleconference local access is available to the Customer at no additional charge.