TC2 Pro Service Terms

TCCP services are provided using a cloud-based communication and collaboration platform available to organizations throughout Canada. TCCP services are delivered “over-the-top” on your existing Internet access. As such, it is important to confirm that adequate bandwidth is available for your TCCP services prior to deploying TCCP services at any of your locations.

Customize your TCCP services by selecting from the following service plans. Each user will need one of the following plans:

The following standard service elements and features are available as part of the TCCP services. Further detail on these service elements and features is provided below.

Your Service & Charges Summary sets out the optional service elements and features you have selected

The following optional service elements and features are available as part of the TCCP services. Further detail on these optional service elements and features are provided below:

Your Services & Charges Summary sets out the optional service elements and features you have selected.

Statement of Work

We will provide a Customer Onboarding Guide detailing both the work that we will do and your responsibilities for preparing your sites for installation of the TCCP services. The Customer Onboarding Guide will require your review and acceptance prior to us commencing any work towards delivery of the TCCP services.

Customer Provided Access

You are responsible for providing internet access and ensuring that our recommended bandwidth as specified in the Customer Onboarding Guide is available over your Internet access. If you are not using Internet access provided by us, you are responsible for resolving any access issues.

You are responsible for preparing the location in accordance with our instructions and specifications as it relates to space, power and LAN connectivity.

Security

You are responsible for the security of your network, for implementing your own security policies, and for obtaining any security services to protect your network.

Maintenance

From time-to-time we will conduct maintenance activities to maintain the performance and reliability of the TCCP services. We will inform you of such maintenance activities via e-mail notification to the e-mail address you provided.

The TCCP services are configured and managed via a cloud management portal. The devices deployed at your premise connect to the cloud over secure sockets layer (SSL) with all configurations stored in the cloud. You will notify us of any scheduled maintenance that may affect the availability of your Internet access.

If you subscribe to Webex, you acknowledge that your information may be stored outside of Canada and may be subject to access under the laws of foreign jurisdictions.

TCCP services come with a Service Availability Target performance commitment. Where we fail to achieve the Service Availability Target in any month we will provide you with the applicable credit indicated in the table below. The payment of the credit is your sole remedy for a failure by us to meet the Service Availability Target and such a failure will not be considered a breach or default of this agreement by us.

The Service Availability Target is the percentage of time in a calendar month that the TCCP services should be available for your use on a per location basis. TCCP services are deemed available at a location if it is being provided through either the primary or the backup access for the location. We use remote monitoring and other systems to measure the actual availability result at a location over a month and express the result as a percentage. When we measure and calculate the result we assume each month is 30 days but we include all periods of unavailability over the calendar month except for any period of unavailability that is caused or contributed to by one of the following excusable downtime:

(a) networks or equipment of another carrier or service provider, (b) you, your network or your other services, (c) an event of force majeure as defined in the General Terms and Conditions, and (d) any period of unavailability that occurs when we are performing maintenance activities.

The credit is calculated as a percentage of the applicable Monthly Fixed Price at each affected TCCP services at an affected location up to a maximum of 80% of the applicable Monthly Fixed Price of each affected TCCP service.

For the TCCP services licenses, we will charge on a per user basis according to the total number of number of licensed users and service period you will be committing to.

For WebEx licenses, we will charge on a per user basis according to the total number of WebEx users you require.

For Attendant Console, we will charge a monthly variable charge based on the number of user computers that Attendant Console is installed onto. In addition, we will charge a one-time charge to cover the professional services cost associated with installation, configuration and end user training for the Attendant Console software.

Cisco IP Phones can be purchased as a one-time charge calculated by the quantity of each type of phone you require. If desired, the phones can be amortized over a 36 month period and added as monthly variable charges. Any professional services related to the configuration and/or installation will be stated in the Services & Charges summary section. You will have title to, and ownership of, any Cisco IP Phones you purchase on full payment to us of the total price and charges for the phones. You assume the risk of loss of the phones on delivery to you.

Charges associated with the installation and other professional services may apply. These charges are set out on the Service & Summary Charges section of this agreement.

Where we have assisted in problem determination, and we have determined that a service outage or other problem was not caused by us, we may bill you for such assistance. We will provide you with reasonable problem determination assistance before any such assistance becomes billable. We will advise the Service Administrator that there may be billable charges prior to beginning any billable work. We will receive approval from the Service Administrator prior to proceeding with any billable work.

We understand that your business’ needs may change over time and you may add or terminate TCCP services licenses at any time during the Service Period.

Additions

When adding service licenses, we will pro-rate the charges from the date the license goes into service to your normal monthly billing date and reflect the new quantity on subsequent statements.

Service Cancellation Charge

If you wish to stop using a TCCP services license during the service period, you can elect to request the disconnect of the TCCP services license(s) and ask us to continue to be billed for the Unit Price of such TCCP services license(s) or request the disconnect of the TCCP services license(s) and pay a one-time charge equal to 100% of the applicable Unit Price multiplied by the number of months remaining in the service period.

Change Management

We will utilize change management processes to ensure standardized methods and procedures are used for efficient and prompt handling of all service changes. Some changes may require installation and/or other professional services to complete. If so, charges may apply. These charges are set out on Your Service & Charges Summary.

Move, Add, Change, Disconnect

We will perform Moves, Adds, Changes and Disconnects (MACD) for your TCCP services when requested. These charges are set out in Your Service & Charges Summary. All new services and changes to existing TCCP services implemented by way of a MACD will be governed by the terms and conditions of this Agreement as it relates to TCCP services, and despite any other provision in this Agreement, without the necessity of the parties executing a formal amendment to this Agreement.

By continuing to use TCCP services, as changed by MACD, after receipt by you of a bill from us reflecting any changes, you are deemed to have accepted i) the changes and that this Agreement has been amended with respect to TCCP services provided by us and ii) that our records with respect to the changed TCCP services are a complete and accurate record of the TCCP services contracted by you.

Self-Serve

You can use the Administration and End User self-care portal for unified communication and collaboration applications to perform many changes to your TCCP services. This is the recommended approach for most basic changes and will not result in any charges.

You acknowledges and agree that it has been advised that TCCP services may not be available for use in the event of a power failure at your locations. You acknowledge and agree that you are responsible for, and have been advised by us to implement, at the your cost, emergency backup systems and a disaster recovery plan which may include analog backup telephone lines, cellular telephones, a universal power supply (UPS) system, geographical diversity and training to ensure that users are aware of alternate PSTN accesses available in the event of a power failure or power disruption.

With traditional enhanced 9-1-1, when a caller dials 9-1-1, the call is automatically routed to the serving emergency service call answering point and in cases where the caller is unable to speak, emergency services will be dispatched to the address associated with the calling phone number. With VoIP 9-1-1 there is no physical address associated to the service due to the service having the ability to be nomadic. As such, calls placed to 9-1-1 are routed to an emergency operator, who will determine, from the information obtained from the caller, where the caller is located and then transfer the caller to the correct emergency service answering point.

As a result, a web portal is available at

http://nomadic911.telus.com

for you to update current physical locations online for the purposes of dispatching emergency services in cases where a caller cannot communicate with one of the emergency operators. It is your sole responsibility to enter and update the current location and ensure that information is accurate. If the information is entered incorrectly, or if you fail to update the current location in the portal, or fails to update it on time, 9-1-1 emergency calls may be directed to an incorrect location and emergency services may not be dispatched to the location from which 9-1-1 was called. The portal is operational in Canada only and does not accept locations outside of Canada. You expressly authorizes TELUS and its affiliates (and will obtain the necessary authorizations from your callers for same if applicable) to use and disclose the information entered in the portal. We are not liable for any damages or losses, direct or indirect, arising from or relating to your use of the portal. Any personal information collected, used, stored or disclosed in connection with the portal will be subject to TELUS Privacy Code and Privacy Commitment found at

http://telus.com/privacy

, as amended from time to time.

It is your sole responsibility to inform all users and potential users of the VoIP service of the nature and limitations of the VoIP service when compared to analog voice services. We may provide you with stickers for its phones to achieve that end.

Furthermore, VoIP 9-1-1 service is subject to more variables and limitations than enhanced 9-1-1 service, including dependency on uninterrupted provision of power and network connection. Consequently, it is your sole responsibility to implement, at your cost, emergency backup systems such as analog backup telephone lines, cellular telephones and a universal power supply (UPS) system, as well as user training.

In addition to any exclusion specified elsewhere in the Agreement, the total liability of us (and of the emergency services provider) toward you for any and all claims of any nature howsoever relating to or arising out of specifically of the provision of 9-1-1, whether based in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by you for the TCCP services in association with which the 9-1-1 service is provided during the twelve months period immediately preceding the event which gave rise to the claims

When a page directory listing is included in the TCCP services, although we undertake to make every reasonable effort to accurately convey the information required for directory listings, the parties agree that we may not in any way be held liable for any error, omission or oversight that may occur.

By agreeing to these Service Terms and Conditions, you authorize us to make the necessary modification with its former carrier to transfer the phone numbers specified in Your Service & Charges Summary. You also authorize us to have its former carrier transfer or disconnect these phone numbers. The transfer of the phone numbers can cause a temporary interruption of your voice services. You will execute any authorizations required by other companies in order for us to provide the TCCP services.

In using TCCP services you must use our Long Distance services. If your long distance services are not subject to an agreement between you and us, our current Long Distance Terms of Service will apply and are incorporated by reference and form part of this Agreement, mutatis mutandis.