Secure Business (Part 2) - Terms and Conditions

Description

TELUS Secure Business is a professionally installed and managed intrusion monitoring service with optional video, automation and guard response (where available).

Product Details

TELUS Secure Business is available in the following four service packages:

Intrusion Monitoring OnlyMonitorProtectControl
Main Control Panel
24x7x365 Monitoring
Guard Service
Motion Sensors223
Door Sensors333
Video Camera (Indoor, Outdoor, or Doorbell)N/A11
SVRN/AN/AN/A
Smart SensorN/AN/ALock or Thermostat

Service Availability

Service availability is based on our cellular coverage and provincial and municipal licensing. Not all service location qualify for TELUS Secure Business, with final determination to be made by us during the time of install. Should a service location not qualify for TELUS Secure Business or if we determine that delivering the service to the requested service location is not commercially reasonable due to infrastructure costs, we will notify you and your service will be cancelled without any service cancellation charges.

Service Infrastructure

In order to install the equipment required for the service we may need to drill holes, drive screws, make attachments, run wires and undertake other installation activities that impact your premises. You agree that we are not required to return your premises to its pre-installation condition or repair incidental damage caused by the installation or removal of the equipment.

Cancelling Prior to Commencement

If you cancel your request for the service after we have started installation work, but before we commence providing service you will be charged a service request cancellation fee. This fee covers costs associated with the work we undertook prior to cancellation, including equipment, labour and design related costs.

Disconnecting Existing Service

If you are currently subscribing for a security service from another provider at your premises you are responsible for cancelling the service and returning any non-owned equipment.

Notification

If our monitoring station receives an alarm from your premises we will notify applicable emergency responders subject to any requirements or limitations communicated by you or your emergency contact. We may be subject to applicable laws and industry standards or procedures aimed at reducing false alarms through the validation of alarm incidents. Our compliance with these laws, standards or procedures may result in a delay in notifying emergency responders.

You are responsible for ensuring that the contact information you provide for yourself and your emergency contacts is up to date. You authorize any of your emergency contacts to give us instructions on your behalf. We may rely on those instructions, which may include instructions to cancel an alarm or refrain from notifying emergency responders.

Recorded Content

If you have subscribed for a service package that includes a video or still image camera, any video clips and still images created by the camera together with any recorded audio clips will be stored on servers maintained by us or our suppliers. You will have access to the clips and images for the time period designated by us. After such time we may permanently delete the clips and images. Your total available recording capacity for clips and images is limited to the amount of storage included as part of your service package or otherwise purchased by you as an add-on. You will be able to view clips and images from your computer or personal device via the Internet. Computers, devices and Internet connectivity are not provided by TELUS as part of the service.

You are responsible for determining video camera placement at your premises and insuring there is adequate lighting to allow the camera to capture images effectively. You agree to use the camera and associated video and still photo imaging features in compliance with applicable laws, including privacy laws, and not for any unlawful purpose. We may disconnect or deactivate your camera if you fail to do so.

Use of Content

You consent to us and our suppliers monitoring your premises as part of your TELUS Secure Business Service and making audio, and where you have subscribed for a service package that includes a video or still image camera, still-image and video, recordings of your premises and persons present on your premises (collectively “Content”) and storing and copying Content on our and their systems.

Recognizing the importance of your privacy, we will not: (a) activate any audio communication link with your premises unless our monitoring station has received an alarm from your premises, and (b) without your authorization, access or disclose any Content other than as required to deliver the service or as required by applicable law or pursuant to a court order or governmental request.

Arming, Testing & Maintenance

You are responsible for arming your alarm system and regularly testing the system in the manner and frequency set out in the product documentation or as may be recommended by us. If you receive an error message on your alarm panel you agree to promptly correct the cause of the error or where you are not able to do so, notify us of the error. The self-testing programs of alarm systems are not designed to identify or correctly diagnose all possible system malfunctions and you must notify us promptly if you become aware of a system malfunction.

Some or all of the equipment we provide may be battery powered and will not operate if the batteries are low or discharged. You are responsible for regularly testing the batteries in the equipment in accordance with the product documentation and replacing them whenever they are low or discharged, and in any event not less than once per year. At your request, we may, in our discretion and at your expense, provide you with replacement batteries and battery installation services.

Application Updates

You are responsible for updating any application for your personal device made available by us in connection with the service in a timely manner following the release of the update.

Add-On Equipment

You may order additional security, automation and video add-on equipment for the service at any time in accordance with the General Terms. The pricing of add-on equipment will be our current on-line pricing at the time of ordering.

Ownership of Equipment

The equipment which we provide to you as part of your service package is listed in Your Services and Summary Charges. Unless you have elected to pay for this equipment at the time of installation it will remain our property and must be returned upon service cancellation or expiry within thirty days or you will be charged for the equipment at TELUS’ then current rates. You are responsible for loss of or damage to such equipment other than damage caused by ordinary wear and tear or caused by us, including payment of applicable replacement charges where we determine it is not commercially reasonable to repair the equipment.

Where you have elected to prepay for the equipment provided to you as part of your service package or have ordered and paid for add-on equipment you own that equipment.

Relocation

Once a piece of equipment has been installed at your premises you may not relocate that equipment to another premises without our prior approval. Equipment Warranty

For the period from the date of installation until the expiry or earlier termination of your TELUS Secure Business Service (the “Warranty Period”), we warrant that if any part of the equipment provided by us (excluding batteries) does not work because of a defect in materials or workmanship we will repair or replace that part at no charge to you. We may use reconditioned parts in making repairs. This warranty will only extend to the replacement parts.

You must notify us within the Warranty Period in order for your claim to be covered. This warranty is a limited warranty and does not cover: (a) damage to, or destruction of, equipment resulting from: (i) repair by unauthorized persons, (ii) your failure to follow the operating instructions provided in the product documentation or communicated by us, (iii) relocation, removal or alteration of the equipment by anyone other than us or our suppliers, (iv) power interruption or defective batteries, (v) alteration of the premises by anyone other than us or our suppliers, (vi) a break-in or other occurrence that the equipment is designed to detect or avert, (vii) misuse or tampering, or (viii) weather conditions, environmental conditions, natural disasters or acts of God; (b) problems with the Internet or communication lines or equipment; and (c) any other condition not caused by a defect in materials or workmanship. We are providing this warranty for your benefit only and it is not assignable by you to any other person.

Non-Warranty Work

We will charge you for repair work or equipment replacement undertaken by us that is not covered by the limited warranty above at our then current labor rates and materials charges. We may at our option perform repairs at your premises or we may require you to return the equipment to us for repair. We will cover the cost of return shipping provided you ship the equipment to us by a method approved by us. You are responsible for uninstalling the equipment at your premises. We will perform repairs during regular TELUS business hours.

Compliance With Laws

You agree to comply with all applicable laws and bylaws governing your use of the service and related equipment, including any: (i) permitting or notice requirement, (ii) requirement to post signage at your premises notifying third parties of your use of monitoring or recording equipment, and (iii) requirement to obtain consent from a person whose image or voice may be captured in connection with monitoring or recording activities at your premises. Upon request you agree to provide us with any information that we reasonably require to verify your compliance with this section.

IP Ownership

The equipment, software and documentation provided for your TELUS Secure Business Service is protected by intellectual property laws and remain the sole property of TELUS and its suppliers. You agree not copy, modify, sell, assign, sublicense or otherwise transfer any right or interest in such software, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of such software, remove any proprietary notices or labels or allow any other person or entity to engage in any of these activities.

False Alarms

You are responsible for any false alarm fine or charge issued to or levied against you by a governmental or other applicable body. Should a fine or charge be issued to or levied against us as a result of a false alarm at your premises you agree to pay us the amount of the fine or charge. In such an event we will invoice you the amount as part of your service fees.

System Limitations

Alarm and business premises monitoring systems are subject to technological limitations, design and manufacturing defects, tampering, malfunction and human error. The service and related equipment may not function properly or at all as a result of equipment failure, power outage, service transmission system interruption or failure, damage to or destruction of equipment, relocation of the equipment or other causes. You acknowledge that we are making no assurances that the service and related equipment we are providing will deter, detect or prevent unauthorized intrusion or an emergency condition such as fire, smoke, carbon monoxide, medical emergency or water damage, or will allow us to communicate with you during an emergency.

Equipment Limitations

If your service package includes: (a) a video or still image camera, you acknowledge that we are making no assurances as to the availability or quality of images produced by the camera as camera performance and image quality may be adversely impacted by lighting conditions, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control; (b) an image sensor device that is also being used as a motion sensor, you acknowledge that we are making no assurances the motion sensor will operate as designed as the motion sensor may be affected by certain conditions not attributable to us which may cause the device to malfunction or provide false readings; and (c) automation devices such as thermostats, lighting controls and door locks you acknowledge that we are making no assurances that: (i) such devices will work with other parts of the service or equipment provided by us, and (ii) you will be able to control the devices using the service or equipment provided by us. Emergency Responder

Limitations

You acknowledge that we are making no assurances that an emergency responder, whether privately retained by TELUS or available as a public service, will: (a) respond promptly or at all to a particular incident, or (b) in responding to a particular incident be able to prevent or reduce injury, loss or damage.

TELUS Suppliers

All disclaimers and limitations of liability in this agreement shall extend to our suppliers and any subcontractors engaged by us to perform any part of the service as if they had contracted directly with you for the performance of their services.

Service Cancellation

When your TELUS Secure Business Service is cancelled, TELUS will charge you the total fixed monthly charges remaining on your service period for TELUS Secure Business.

TELUS will waive the service cancellation charge if you replace the cancelled service with another TELUS service with total service charges greater than the total service charges remaining in the service period for TELUS Secure Business after cancellation.


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