TELUS Business One^® Bundle

These Service Specific Terms and Conditions apply to the TELUS Services in your TELUS Business One Bundle.

The “Solution Details” referred to in these Service Specific Terms and Conditions includes the “Order Details” that forms part of your Customer Agreement for the TELUS Business One Bundle.

Business Unmanaged High Speed Internet Services

Service Specific Terms and Conditions

1.  Unmanaged High Speed Internet Services

1.1  These Service Specific Terms and Conditions apply to all Business Unmanaged High Speed Internet Services (the "Services") included in the TELUS Business One Bundle provided to the Customer.  The Services are provided by TELUS Communications Company.  Any capitalized words and expressions that are not defined in Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

1.2  The Services provide the Customer, subject to the terms of this Agreement, with Internet access and related services.  The Services are generally described at http://www.mytelus.com/internet/display.do, as may be updated from time to time, (the “Services Web Site”) and the Services plans and features selected by the Customer are specified in the Solution Details.

2.  On-line Registration

During the registration process for the Services, the Customer may be required to indicate acceptance of an on-line TELUS Internet Services Account Agreement.  This Agreement supersedes, overrides and replaces the terms of any such on-line agreement.

3.  Amendments

TELUS has the right to amend this Agreement at any time.  However, TELUS will use reasonable efforts to notify the Customer, by e-mail or other means, of any such amendments before such amendments become effective.  Each time the Customer uses the Services reaffirms the Customer’s acceptance of the then-current version of this Agreement.  If the Customer does not agree to any amendment to this Agreement, the Customer must immediately cease any use of the Services and shall notify TELUS of termination in accordance with Section 8 of the General Terms and Conditions.

4.  Customer's Account

4.1  The Customer represents and warrants that it possesses the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

4.2  As the Services account holder, the Customer is responsible for its account and the maintenance of all passwords related to its account.  The Customer is solely responsible and liable for any and all activities that occur under the Customer’s account, including all activities of any sub-account holders.  The Customer is also responsible for maintaining the confidentiality of its account and all passwords related to its account.  The Customer shall immediately notify TELUS of any unauthorized use of the Customer’s account or any passwords related to its account or of any other breach of security, and shall provide assistance to TELUS, as requested, to stop and/or remedy any breach of security.

5.  Customer Information

5.1  The Customer shall provide true, current, accurate and complete customer information as prompted by TELUS’ registration processes or as otherwise requested by TELUS or its agents and the Customer shall promptly notify TELUS of any changes to this information as required to keep it current, complete and accurate.

5.2  The Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information collected in connection with provision and/or use of the Services (whether previously collected or to be collected), solely for the purposes identified in the TELUS Privacy Commitment published at http://www.telus.com/privacy/privacy.html (the “TPC”), if applicable to the Customer.

5.3  For the purposes of Section 9 of the General Terms and Conditions, the Customer expressly consents to the collection, use and disclosure by TELUS and its agents of the Customer's information, content and materials (including personal information) to the extent such collection, use and disclosure is authorized under subsections 5.2 and 16.3 of these Service Terms and Conditions.

6.  Billing and Payment

6.1  The Customer agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services through its account, in accordance with the rates and billing policies established from time to time by TELUS that are applicable to the service plan and features which the Customer has selected.  Fees are non-refundable, except as otherwise explicitly provided in this Agreement.  The Customer shall pay all costs incurred by TELUS in the collection of any delinquent fees and charges due under this Agreement or in the enforcement of this Agreement, including lawyers' fees.

6.2  Any failure of TELUS to make a bill or statement available to the Customer pursuant to this Agreement does not affect the Customer's responsibility to pay any incurred charges.  Unless the Customer notifies TELUS of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on the Customer's bill or statement, such bill or statement will be deemed accepted by the Customer for all purposes.  Without limiting anything else in this Agreement, the Customer shall release TELUS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to TELUS within 90 days of the publication date of the applicable bill or statement.

7.  Service Limitations

7.1  The Customer must ensure that its equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to the Services.  TELUS shall post such minimum system requirements on the Services Web Site or otherwise notify the Customer of such requirements. Such requirements may change from time to time, without notice, at TELUS' sole discretion.

7.2  The Services are subject to the availability of suitable equipment and facilities and consequently all service plans and features are not available at all locations.

7.3  Final confirmation of availability of the Services cannot occur until the Services equipment is installed at the Customer’s premises.

7.4  The Customer is not permitted to operate an e-mail, web, news or other similar server through its Services account, except where such use is expressly permitted under the Customer's service plan.

7.5  Reverse engineering of the Services is not permitted.  This means that the Customer cannot have a higher upload than download speed.

7.6  TELUS does not guarantee that the Services will operate with all equipment or software, including all Internet applications and appliances.

7.7  Signal range and penetration of the wireless capabilities of the Services will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and the Customer's computer(s).  The wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.

7.8  When using the wireless capabilities of the Services to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to the Customer's computer system or Services account.  The Customer should take all appropriate security precautions when using such wireless capabilities including encrypting its network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on its network, and disabling computer file sharing capabilities when moving its computer outside of its home/office network. TELUS shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of the wireless capabilities of the Services including those resulting from the Customer's use of file sharing, print sharing or other functions that may allow others to gain access to the Customer's computer, network or the contents of its transmissions.

8.  General Practices and Limits

TELUS may establish general practices and limits concerning use of the Services, including the maximum size of any e-mail message that may be sent from or received by a Services account, the maximum disk space that will be allotted on TELUS’ servers on the Customer’s behalf, the maximum amount of data that may be sent from or received by a Services account and the maximum number of days that e-mail messages will be stored on TELUS’ servers. Such general practices and limits shall be posted on the Services Web Site or otherwise made available to the Customer.  The Customer shall comply with all such general practices and limits which may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion.  TELUS has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.  If the Customer violates such practices or exceeds such limits TELUS may suspend, restrict or terminate the Customer’s account, remove any content, information or materials from TELUS’ servers, or impose additional charges (additional charges are described on the Services Web Site).

9.  Installation

9.1  Installation options available for the Services will depend upon the Customer's location and service plan.  Details regarding available installation options, including applicable fees, are posted on the Services Web Site.

9.2  The Customer authorizes TELUS, its employees, agents, contractors and representatives to enter the Customer’s premises and access the Customer’s equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services.  Access to the Customer’s premises will be at a time that is mutually convenient for the Customer and TELUS.

9.3  The Customer shall comply with the terms of the quick install guide included on the TELUS install wizard CD, where applicable.

10.  Customer Equipment and Software

10.1  The Services must be connected to a suitable network interface card ("NIC") installed at the Customer’s premises.  If the Customer is supplying and installing the NIC itself, the Customer must install the NIC as appropriate prior to the installation of the high speed modem, or wireless gateway, as applicable.  Alternatively, if the Customer purchases the NIC along with installation of the NIC from TELUS when ordering the Services, the Customer must ensure that there is a suitable free NIC slot available in the Customer’s computer prior to arrival of the TELUS installer at the Customer’s premises.  TELUS will not remove NICs from or rearrange NICs in the Customer’s computer.

10.2  The Services may interrupt the functioning of some home or business security systems which use the same phone line(s) as the Services.  The Customer agrees that TELUS is not responsible for any such problems or interruptions.  The Customer is responsible for ensuring that the Customer’s premises are appropriately wired to ensure proper functioning of any home or business security systems, prior to installation of the Services.

10.3  Except as otherwise explicitly stated in this Agreement, TELUS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by the Customer, including  any equipment or software used in connection with the Services.

11.  Software Supplied by TELUS

Any and all software and related documentation that forms part of the Services or that is supplied by TELUS, its agents or representatives for use in connection with the Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to the terms of this Agreement, including the disclaimers and limitations of liability herein, and the terms of any applicable Software license made available to the Customer by TELUS.  Unless otherwise authorized by TELUS or in the applicable Software license, the Customer shall not (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.

12.  Support

12.1  The Services Help Desk will provide telephone and e-mail assistance on a reasonable efforts basis, via the telephone number and e-mail address and during the hours specified on the Services Web Site.  Assistance is limited to the Customer's problems using the Services and may exclude problems related to certain equipment and software, as specified by TELUS, in its discretion.  Charges may apply to certain non-standard support services, as specified by TELUS.  TELUS cannot guarantee the resolution of any particular problem or Services interruption.

12.2  From time to time TELUS may e-mail updates and notices regarding the Services to the Customer.

12.3  TELUS will provide on-site support (including, at TELUS' option, repair or replacement of equipment that is defective in material or workmanship) for all TELUS-owned equipment.

13.  Roaming

The access numbers used by the Customer’s modem to connect to the Services may be telephone numbers that result in additional and/or long distance charges being billed to the Customer.  The Customer is solely responsible for determining whether the access numbers the Customer is using are subject to any additional and/or long distance charges and the Customer agrees to pay all such charges, including those that may be billed to the Customer by a third party.  Information concerning additional and long distance charges is available on the Services Web Site.

14.  Acceptable Use Policy

The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP"), published at http://www.mytelus.com/internet/nv/aup.do.

15.  Proprietary Rights 

15.1  Content, including text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

15.2  TELUS does not claim ownership of information, materials, software or other content (collectively, the “Content”) that the Customer posts, uploads, inputs, provides, submits or otherwise transmits to TELUS or any third party, using the Services.  However, by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to TELUS or any third party, using the Services, the Customer has thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by TELUS to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

15.3  Except where otherwise specified by TELUS, e-mail addresses, IP addresses and web page addresses assigned to the Customer by TELUS  remain the property of TELUS at all times.

16.  Compliance Measures

16.1  TELUS has no obligation to censor or monitor use of the Services by the Customer or any third party, including any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet.  However, TELUS has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

16.2  If TELUS receives a complaint relating to use of the Services by the Customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.

16.3  TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

17.  Service Changes

17.1  Despite any other provision in this Agreement, in order to maintain or improve the Services or for other business reasons, TELUS may change the Services rates, plan features, e-mail addresses and minimum systems requirements, the AUP, the TPC, any content on the Services Web Site, and any other aspect of the Services at any time, without notice or liability, at TELUS' sole discretion.  TELUS will use reasonable efforts to notify the Customer of any material increases in the recurring, regular Services rates applicable to the Customer's account.

17.2  All references to web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web sites.

18.  Customer Service Plan Changes

18.1  The Customer may change the Services plan that the Customer has subscribed for or selected, as specified in the Solution Details, to another Services plan for business customers with higher or lower fees and charges, subject to the specific conditions and availability of the other Services plan, by submitting a request to TELUS via the contact information set out in the Solution Details, and without any obligation to pay early termination charges. By continuing to use the Services after receipt of a bill or statement reflecting the change in the Services plan requested by the Customer, the Customer is deemed to have accepted the new Services plan.

19.  Termination and Termination Charges

19.1  In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Services and this Agreement, for convenience, at any time by giving at least 30 days advance notice to the Customer, in which case the Customer shall not be required to pay any termination charges and TELUS will refund any amounts prepaid by the Customer for the provision of Services after the termination date.

19.2  The termination charge payable by the Customer for termination of Services prior to the end of the Minimum Term is specified in the Customer Agreement for the TELUS Business One Bundle.

19.3  TELUS shall have no responsibility to notify any third party including,  any third party providers of services, merchandise or information, of any suspension, restriction or termination of the Customer's account.  If the Customer's account is terminated, TELUS shall have no obligation to forward any unread or unsent messages to the Customer or any third party or to maintain any messages, information or other content related to the Customer's account and the Customer acknowledges that all such messages, information and content may be immediately deleted.  Without limiting the generality of the foregoing, upon termination of the Customer’s account, all e-mail and web page addresses related to its account may be immediately deleted and/or reassigned to other customers.  TELUS' policies regarding handling of customer e-mails upon suspension and termination of customer accounts can be found on the Services Web Site.

19.4  The Customer shall return any TELUS-owned high speed modems, wireless gateways, and associated components to a TELUS approved depot within 14 days of termination of its Services account, unless otherwise directed by TELUS.  If the Customer does not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if the Customer has assigned, encumbered, sold, transferred or leased such equipment, the Customer shall pay a $99.95 CDN charge, plus applicable taxes.  The location of TELUS approved depots can be obtained by contacting TELUS via the contact information set out in the Order Details.

TELUS ASP Services for Microsoft Messaging and Collaboration Services

Service Specific Terms and Conditions

1.  Microsoft Messaging and Collaboration Services

These Service Specific Terms and Conditions apply to all TELUS ASP Services for Microsoft Messaging and Collaboration Services (the “Services”) included in the TELUS Business One Bundle provided to the Customer.  The Services are provided by TELUS Communications Company.  Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

1.1  Service Description

Microsoft Messaging and Collaboration Services provide the Customer with email and calendar management functions (for meetings, task planning, etc.), an online management tool, a central help desk using Microsoft Exchange services and, depending on the package of Services selected by the Customer, Microsoft Sharepoint Services, RIM BlackBerry synchronization, and access to and use of certain Microsoft software and websites.  The specific package of Services selected by the Customer is specified in the Solution Details, and descriptions of the Service packages, and the features and options included, are available at www.telus.com. 

The Services do not include content design, development, file transfer protocol (FTP) master maintenance, uploading or publishing, Common Gateway Interface (CGI) scripts or any other such executables.

1.2  User Seats

The Customer must obtain one seat for each individual user, and multiple users cannot share a seat.  The Customer may obtain additional seats through the online management tool provided with the Services.  Charges for seats ordered using the online ordering function are not pro-rated, and the Customer must pay the full monthly charge for each seat regardless of when it was ordered during a billing period.

1.3  Additional Services

The Customer may obtain additional Services through an additional Solution Details section prepared by TELUS.  Each additional Solution Details section must be signed by TELUS and the Customer before it is effective and, when effective, will form part of this Agreement.  The Minimum Term of this Agreement will not change if additional Services are added to this Agreement.

2.  Customer Responsibilities

2.1  Connection

The Customer is responsible for obtaining Internet access services or other services (under a separate agreement with TELUS or other service provider) for the purpose of connecting to and using the Services.

2.2  License Terms

Use of any Microsoft Software Products used in conjunction with or as part of the Services may be governed by the specific license terms and conditions set out in, and which form part of, these Service Specific Terms and Conditions.  The Customer shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the Software Products or that appear during use of the Software Products, or (ii) reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Use of the RIM Blackberry synchronization feature is governed by Research In Motion Limited ("RIM") terms and conditions for BlackBerry End-User/Software License Agreement and BlackBerry Enterprise Server Software License Agreement at http://www.blackberry.com/legal/soft_lic_agree.shtml; http://www.blackberry.com/legal/server_lic_agree.shtml.  Use of the Services may also be subject to other conditions of use, upon accessing the Services.  The Customer shall comply with all of these license terms and conditions and any other conditions of use.

2.3  Use

Use of the user ID and password assigned to the Customer for use of the online management tool shall be sufficient to verify the identity of the Customer and the authenticity of the orders for additional seats placed using the online management tool.  Any online order is binding on the Customer.

TELUS does not monitor use of the Services and is not responsible for any unauthorized use of the Services by anyone using the user IDs or passwords assigned to the Customer.  The Customer is responsible for maintaining the security of, and is responsible for the actions of any party using, all user IDs and passwords assigned to the Customer.  The Customer will immediately advise TELUS by email or telephone of any unauthorized use of the Services or the user IDs or passwords, or of any other breach of security, and will provide assistance requested by TELUS to stop or remedy any breach of security.

The Customer and its users will not attempt to gain or allow access to any data, files or programs to which they are not entitled under this Agreement and, if such access is obtained, the Customer and its users will immediately return such materials to TELUS and/or its suppliers and licensors, without using, copying, disclosing or distributing it.

The Customer and its users shall: (a) not resell the Services, or access to the Services, directly or indirectly to third parties; and (b) comply with TELUS’ acceptable use policy published at http://www.telus.com/aup.

2.4  Content and Service Requirements

The Customer is solely responsible for all information, data, software or other material or content transmitted, stored or received by the Customer using the Services (the “Customer’s Content”).  TELUS exercises no control whatsoever over the content, accuracy or quality of any Customer Content.  TELUS is not responsible for checking, verifying or editing the Customer’s Content or completeness or for detecting errors or anomalies or for recreating or re-transmitting data.

TELUS does not claim ownership of the Customer's Content that the Customer may post, upload, input, provide, submit or otherwise transmit to TELUS or any third party using the Services.  However, the Customer agrees that, by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer's Content to TELUS or any third party using the Services, the Customer has thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such Customer's Content to the extent reasonably required by TELUS to provide the Services to the Customer or to ensure adherence to or enforce the terms of this Agreement.

The Customer’s Content shall be in "server-ready" condition, requiring no additional manipulation by TELUS, and shall comply with the technical constraints and limitations of the Services.  If the Customer’s Content is not "server-ready", it may be rejected.

Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software, which level varies according to the anticipated use of the Services.  The Customer must have the knowledge necessary to create and maintain a web site.  TELUS shall not be responsible for providing this knowledge or related customer support to the Customer.

3.  Bandwidth, storage and email usage

Use of the Services will not exceed the bandwidth, storage space and email usage or any other limits applicable to the Services ordered by the Customer.  If the Customer exceeds any of these limits, TELUS may, in its sole discretion, apply additional charges, suspend or terminate the Services.  If TELUS suspends or terminates the Services, the Customer shall not be entitled to a refund of any unused prepaid charges, and is responsible for payment of applicable termination charges.

4.  Domain names

The Customer shall provide TELUS with a registered domain name or names, or TELUS shall register such domain name or names selected by the Customer, provided such domain name or names are available for registration and do not violate the policies of Network Solutions or any other registrars, or any law or regulation.  The Customer shall pay TELUS in accordance with the provisions of the General Terms and Conditions of this Agreement for any fees paid by TELUS to Network Solutions or other registration services in respect of the registration and maintenance of such domain name or names.  In the event of any dispute or cause of action arising out of the Customer’s domain name used in connection with the Services, TELUS shall, upon the Customer’s request, attempt to register with Network Solutions or another registrar an alternative domain name chosen by the Customer.  The Customer agrees to be bound by the terms of the current domain name policy of Network Solutions and/or the policies of the national DNS registration authorities to which the Customer becomes subject upon registration of a domain name.  The inability to use a domain name shall not entitle the Customer to a refund by TELUS of any fees paid with respect to the registration of such unusable domain name.  If the Customer received a "Free Domain Name Registration" offer with the Services, and the Customer terminates the Services within one year of such domain name registration, the Customer shall immediately pay TELUS the full retail price for such domain name registration in effect when such domain name was registered, in addition to any other applicable early termination charges.  If manual intervention is required by TELUS to complete the transfer of a domain name to another service provider, an administrative transfer charge will apply for each domain name.  The Customer shall not have the option of submitting its own DNS entries since TELUS is not a registrar and therefore assumes that the Customer wishes to obtain hosting services directly from TELUS.  All charges related to domain name registration are non-refundable.  The Customer is responsible for registering the correct spelling of any misspelled domain name. 

5.  Viruses and spam

TELUS is not responsible for, or liable for any damages arising from, viruses or spam that may infect the Customer's computer equipment or other property as a result of the Customer's access to or use of the Services or by downloading any materials, data, text or images using the Services.

6.  Links

Any links to a supplier’s or other third party web site provided as part of the Services are provided as a convenience only , and TELUS is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site.  The Customer shall comply with the terms and conditions of use that may apply to the use of the linked sites.

7.  TELUS Suppliers

An affiliate of Microsoft Corporation (“Microsoft”) is an underlying supplier of TELUS for the Services and as such Microsoft and its licensors are intended third party beneficiaries of this Agreement, with a right of enforcement.  The Customer will co-operate in good faith with Microsoft in investigating instances of non-compliance with the license requirements if Microsoft believes in good faith that a Customer is not in compliance.  All support for the Services is provided by TELUS and is not provided by Microsoft.  Without limiting anything in the General Terms and Conditions, all warranties by Microsoft and any liability by Microsoft for damages, whether direct, indirect, or consequential, arising from the use of the Services, are disclaimed.

8.  Termination Charge

TELUS is not responsible to notify any third party of any suspension, restriction or termination of the Services.  If the Services are suspended, restricted or terminated, TELUS shall have no obligation to maintain any Customer’s Content or other information related to the Services and all such Customer’s Content or information may be immediately deleted.

9.  Service Level Objectives

TELUS will make reasonable efforts to meet the Service Availability Target described below, but any failure to meet the Service Availability Target is not a breach or default of this Agreement, and will not result in payment of any credits, compensation or other amounts by TELUS.  All averages are measured over monthly billing periods. 

Service Availability	Standard	Service Availability Target
time during which the Services functionality is available for use	24 x 7 x 365	99.7%

Any interruption in Service Availability caused by TELUS’ scheduled maintenance activities, by the Customer’s equipment, by any act or omission of the Customer, or by any event of force majeure, is excluded from all Service Availability calculations.

Customer License Terms

Notice Regarding Use of Microsoft Software Products

This document concerns your use of Microsoft software, which includes computer software provided to you by TELUS as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS”).

TELUS does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which TELUS needs to inform you.  Your right to use the SOFTWARE PRODUCTS is subject to your agreement with TELUS, and to your understanding of, compliance with and consent to the following terms and conditions, which TELUS does not have the authority to vary, alter or amend.

1.        DEFINITIONS.

“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.

“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant “smart phone”, or other electronic device.

“Server Software” means software that provides services or functionality on a computer acting as a server.

“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

2.        OWNERSHIP OF SOFTWARE PRODUCTS.  The SOFTWARE PRODUCTS are licensed to TELUS from an affiliate of the Microsoft Corporation.  All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers.  The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

3.        USE OF CLIENT SOFTWARE.  You may only use the Client Software installed on your Devices by TELUS only in accordance with the instructions, and only in connection with the services, provided to you by TELUS.

4.        USE OF REDISTRIBUTION SOFTWARE.  In connection with the services provided to you by TELUS, you may have access to certain “sample”, “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”).  YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO TELUS, WHICH TERMS MUST BE PROVIDED TO YOU BY TELUS.  Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by TELUS.

5.        COPIES.  You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by TELUS; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (“Use of Redistribution Software”).  You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with TELUS, upon notice from TELUS or upon transfer of your Device to another person or entity, whichever first occurs.  You may not copy the printed materials accompanying the SOFTWARE PRODUCTS.

6.        LIMITATIONS ON REVERSE ENGINEERING DECOMPLIATION AND DISASSEMBLY.  You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

7.        NO RENTAL.  You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

8.        TERMINATION.  Without prejudice to any other rights, TELUS may terminate your right to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions.  In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

9.        NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.  ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY TELUS AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

10.     PRODUCT SUPPORT.  Any product support for the SOFTWARE PRODUCTS is provided to you by TELUS and is not provided by Microsoft or it affiliates or subsidiaries.

11.     NOT FAULT TOLERANT.  THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

12.     EXPORT RESTRICTIONS.  The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws.  You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end use and destination restrictions issued by U.S. and other governments.  For additional information, see http://www.microsoft.com/exporting/.

13.     LIABILITY FOR BREACH.  In addition to any liability you may have to TELUS, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

Desktop Backup Services

Service Specific Terms and Conditions

1.  Desktop Backup Services

The Service Specific Terms and Conditions in this section apply to the Desktop Backup Services included in the TELUS Business One Bundle provided to the Customer.  Desktop Backup Services are provided by TELUS Communications Company.  Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

2.  Service Description

Desktop Backup Services enable the Customer to backup and retrieve data files over the Internet, and to secure and recover data that resides on the Customer’s laptop and desktop computers.  The Customer’s data is stored automatically at a secure data centre, and can be retrieved at any time by the Customer’s end users.

3.  User Seats and Online Ordering Function

Desktop Backup Service is provided on a per seat basis, and the Solution Details specifies the number of seats initially ordered by the Customer.  The Customer must obtain one seat for each individual user, and multiple users cannot share a seat.  If the number of seats is decreased to less than the number originally ordered, the Customer must pay the termination charge specified in these Service Specific Terms and Conditions.  If the number of seats is increased within the permissible increase limit, no additional set-up charge will apply.  The permissible increase limit is 10% of the number of seats initially ordered by the Customer, but TELUS may change the permissible increase limit at any time.  Any changes will be posted at www.telus.com, and become effective on posting.

4.  Implementation

The Desktop Backup Services will be implemented by TELUS in accordance with a project plan that TELUS will present to the Customer.  If any action by the Customer results in a material change to the timeline in the project plan and causes TELUS to incur additional costs, TELUS may, in its sole discretion, bill the Customer for additional charges.

5.  Customer Responsibilities:  Connection

The Customer is responsible for obtaining Internet access services or other services (under a separate agreement with TELUS or other service provider) for the purpose of connecting to and using the Desktop Backup Services.

6.  Customer Responsibilities:  Use

The Customer is responsible for maintaining the confidentiality and security of, and is responsible for the actions of any party using, all user IDs and passwords assigned to the Customer.  The Customer will immediately advise TELUS by email or telephone of any unauthorized use of the Desktop Backup Services or the user IDs or passwords, or of any other breach of security, and will provide assistance requested by TELUS to stop or remedy any breach of security. 

The Customer and its users will not attempt to gain or allow access to any data, files or programs to which they are not entitled under this Agreement and, if such access is obtained, the Customer and its users will safeguard as confidential information, and immediately return, such materials to TELUS and/or its suppliers and licensors, without using, copying, disclosing or distributing such materials.

The Customer and its users shall: (a) use and access the Desktop Backup Services only within Canada and the United States; (b) use the Desktop Backup Services for the Customer’s own internal business purposes only, and shall not resell the Desktop Backup Services or access to the Desktop Backup Services; (c) comply with the TELUS’ Acceptable Use Policy located at www.telus.com/aup; and (d) not reproduce, duplicate, copy, sell, resell, disassemble, decompile or reverse engineer all or any part of the Desktop Backup Services.  Use of software included with the Desktop Backup Services may also be subject to additional license terms and conditions or conditions of use, upon accessing the Services.  The Customer shall comply with all of these license terms and conditions and conditions of use.  The Customer shall not merge or embed any such software into any other computer program or work.  Without limiting any such license terms and conditions or conditions of use, the Customer shall not export any software included with the Desktop Backup Services outside of Canada or the United States.

Use of the Desktop Backup Services in any application that may involve risks of death, personal injury, severe property damage or critical environmental damage or in any life support applications, devices or systems is prohibited.

7.  Customer Responsibilities:  Content

The Customer is solely responsible for all information, data, software or other material or content transmitted, stored or received by the Customer using the Desktop Backup Services (the “Customer’s Content”).  TELUS exercises no control whatsoever over the content, accuracy or quality of any Customer’s Content.  TELUS is not responsible for checking, verifying or editing the Customer’s Content for completeness or for detecting errors or anomalies or for recreating or re-transmitting data.

8.  Enforcement

In addition to its rights in the General Terms and Conditions, TELUS has the right to block access to, or to remove or require the Customer to remove from the Service Components, any Customer Content that violates any provisions of this Agreement, that may expose TELUS to legal liability, or that may be deemed, in TELUS’ sole discretion, to be illegal, objectionable or infringing on any third party's rights.  If TELUS exercises any of these rights, it is not obligated to refund any charges paid in advance by the Customer.

The Customer consents to and authorizes: (a) TELUS to disclose the Customer’s name, address and other information to TELUS’ suppliers and service providers, on a confidential basis, to enable TELUS’ suppliers and or service providers to perform their obligations to TELUS, and (b) TELUS and/or TELUS’ suppliers and service providers to track the IP addresses or other information of Customer’s users to monitor the use of the Desktop Backup Services for suspected unauthorized use, and to disclose such information to the extent reasonably necessary to prevent damage or degradation to TELUS’ network or any Service Components, comply with applicable law and to protect or enforce the rights of TELUS, TELUS’ suppliers, licensors, and customers.

9.  Exclusions and Restrictions of the Service

Desktop Backup Services do not provide, and TELUS does not guarantee, absolute security or protection of the data or information transmitted or received through the Customer’s equipment.  The Customer is responsible to implement its own security policies with respect to use of the Customer’s equipment, services or facilities used in connection with the Desktop Backup Services.

10.  Billing

All non-recurring charges and monthly recurring charges will be billed beginning from the date that implementation of the Desktop Backup Services is complete, or 60 days from the effective date of this Agreement, whichever is the earlier date.

11.  Service Levels

The following table sets out performance measures and service level objectives for the Desktop Backup Services.  Failure of TELUS to comply with the service level objectives is not a breach or material default of any provision of this Agreement, and the Customer is not entitled to any credit or other remedy for any such failure.

Measure	Indicator	Standard	Service Level
Service Availability*	time during which the Desktop Backup Services are available for use	7 days by 24 hours	99.9% averaged over 90 days
Service Maintenance	the time required to perform regular maintenance service activities	all maintenance activities will be scheduled during the pre-identified time slots	N/A
Service Level Response Time*	time required to start the repair service from the time a Desktop Backup Service outage is detected or reported	less than 4 hours	99.9% averaged over 90 days

* does not include time spent during maintenance windows

12.  Changes by TELUS and Notices

TELUS may change this Agreement, including the charges, policies, performance measures or service level objectives at any time.  Publishing the changed TELUS Acceptable Use Policy at www.telus.com will be sufficient notice of the changes to the Customer.  Any other changes by TELUS may be made by giving 30 days notice to the Customer.  Unless the Customer gives TELUS a notice of termination within seven calendar days of receipt of the TELUS notice, the change is binding on the Customer.  If the Customer gives a notice of termination to TELUS, the termination will be effective on the date the change would otherwise have become effective.  The Customer must pay all charges for the Desktop Backup Services up to the date of termination, but will not be required to pay termination charges for termination under this sub-section. 

Despite anything else in this Agreement, any notices by TELUS under this sub-section shall be given by email to the email address specified by the Customer when first ordering the TELUS Desktop Backup Services, and any notice by the Customer shall be given by email to asp.inquiries@telus.com.  TELUS and the Customer may change their email address for any such notices by sending a notice of the new email address to the email address of the other.

Shared Hosting Services

Service Specific Terms and Conditions

1.  Shared Hosting Services

The Service Specific Terms and Conditions in this section apply to the Shared Hosting Services including Domain Name Services (“Shared Hosting Services”) included in the TELUS Business One Bundle provided to the Customer.  Shared Hosting Services are provided by TELUS Services Inc.  Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

1.1  Service Description

Shared Hosting Services provide the Customer with virtual space within TELUS’ server infrastructure and other TELUS Service Components that supports the Customer’s World Wide Web site or Internet presence.  Shared Hosting Services do not include content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other executables, or programs and applications developed or used by the Customer.  Shared Hosting Services Packages are specifically described at www.telushosting.com (the “Hosting Web Site”) and the Shared Hosting Services Package selected by the Customer is specified in the Solution Details.

2.  Customer Responsibilities and Service Restrictions

2.1  Use

The Customer is responsible for all passwords (including the confidentiality and maintenance of passwords) related to any use of the Shared Hosting Services, and all activities of any person using the Customer’s passwords.  The Customer will immediately advise TELUS by email or telephone of any unauthorized use of the Shared Hosting Services or the Customer’s passwords, or of any other breach of security, and will provide assistance requested by TELUS to stop or remedy any breach of security. 

The Customer shall comply with the Shared Hosting Services Usage Policy (the "UP") published at the Hosting Web Site.  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 (the “TPC”) published at http://www.telus.com/privacy/privacy.html.  TELUS may change the UP and the TPC at any time, in its sole discretion, and publishing the changed UP or TPC on their respective Web sites will be sufficient notice of the changes to the Customer.  The Customer shall not permit any person under the age of majority to use the Shared Hosting Services and, if the Customer is an individual, the Customer warrants that (s)he is at least the age of majority. The Customer warrants that it has or will acquire all authorization(s) necessary for hypertext links to third-party web sites.

The Customer’s use of the Shared Hosting Services will not exceed the bandwidth, storage and email usage limits set out on the Hosting Web Site.  If the Customer uses any bandwidth or storage space in excess of the specified number of megabytes per month or exceeds email storage and attachment size limitations, TELUS may, in its sole discretion, bill the Customer for additional charges, suspend all or some of the Shared Hosting Services, or terminate this Agreement. 

2.2  Content

The Customer is responsible for the supply, delivery and content of all information, data, software or other material (the "Customer’s Content") that is submitted to or placed on the Service Components or that the Customer posts, uploads, stores, transmits or receives through or using the Shared Hosting Services.  All Customer Content submitted to the Service Components must be "server-ready," requiring no additional manipulation by TELUS, and must conform to the constraints and limitations specified on the Hosting Web Site. 

TELUS (a) is not responsible for, (b) does not monitor or censor, (c) exercises no control over the content, accuracy or quality of, and (d) is not responsible for re-creating or re-transmitting, the Customer’s Content or any data or information in, transmitted or received through or using the Shared Hosting Services.  TELUS is not responsible to provide any support required to use the Shared Hosting Services (including support in the use of Internet languages, protocols and software).

2.3  Enforcement

In addition to its rights in the General Terms and Conditions, TELUS has the right to block access to, or to remove or require the Customer to remove from the Service Components, any Customer Content (including any hypertext links to other Web sites) that violates any provisions of this Agreement, that may expose TELUS to legal liability, or that may be deemed, in TELUS’ sole discretion, to be illegal, objectionable or infringing on any third party's rights.  If TELUS exercises any of these rights, it is not obligated to refund any charges paid in advance by the Customer.

To prevent damage or degradation to TELUS’ network or any Service Components, or to comply with any law, regulation, court order or other governmental request or order, TELUS may access and disclose the Customer’s Content or any information it considers necessary or appropriate including, without limitation, user profile information (name, email address, etc.), IP addressing and traffic information, or usage history, and TELUS' right to disclose under this sub-section will prevail over the TPC.

3.  Ownership

TELUS shall own all Internet Protocol ("IP") addresses and email accounts that may be assigned to the Customer by TELUS.  TELUS has the right to change or remove any and all such IP numbers and email accounts at any time.

TELUS does not claim ownership of the Customer’s Content.  By using the Shared Hosting Services, the Customer grants TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, edit, delete, publish and translate the Customer’s Content to the extent reasonably required by TELUS to provide the Shared Hosting Services or to enforce the terms of this Agreement and the Customer confirms that, by doing so, TELUS will not infringe any intellectual property rights of the Customer or any other person.

4.  Termination and Termination Charge

In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Shared Hosting Services and this Agreement at any time before the end of the Minimum Term by giving at least 30 days advance notice to the Customer, in which case TELUS will refund any amounts prepaid for the provision of Shared Hosting Services after the termination date.  Despite anything else in this Agreement, any notice of termination by the Customer must be given by email to support@telushosting.com, and the email must provide TELUS with sufficient information so that TELUS may properly identify the Customer and the Customer’s account.  Any notice of termination will be effective 30 days following receipt by TELUS.  Any notice of termination by TELUS shall be given by email to the email address specified by the Customer when first ordering the Shared Hosting Services.  TELUS and the Customer may change their email address for any such notices by sending a notice of the new email address to the email address of the other.

TELUS is not required to notify any other person of termination of the Customer’s account nor provide any termination assistance, and is not required to forward (and may delete) any email messages or Customer’s Content.

5.  Domain Name Registration, Renewals, Transfers and Restrictions

5.1  Domain Names

TELUS will register a domain name(s) provided or selected by the Customer, provided that the domain name is available for registration and does not violate any domain registrar’s policies, or any law or regulation.  The Customer shall pay TELUS all charges for the registration and maintenance of such domain name(s), and any such charges are non-refundable.  If any dispute or claim arises out of or related to the domain name used by the Customer in connection with the Shared Hosting Services and the Customer so requests, TELUS will attempt to register an alternative domain name chosen by the Customer.  The Customer shall be bound by the terms of the domain registrar’s domain name policy and/or the policies of the registration authorities.

5.2  New Domains

New domain names can be registered for up to 3 years.  The domain name will be registered with TELUS domain name servers by default, and will not become active until 24 to 48 hours after registration is completed.

5.3  CA Domains

Upon submitting a new CA domain name registration, the Canadian Internet Registration Authority (CIRA) will direct the Customer by email to the CIRA web site to confirm and complete the registration.  New CA domain names are not registered until the Customer confirms and completes registration with CIRA as directed in the confirmation email.  CIRA may require additional information or documentation to complete a CA domain name registration, and, if so, CIRA will email the Customer with instructions.  The Customer must meet the Canadian Presence Requirements For Registrants in order to qualify to register a CA domain name.  If there is a conflicting CA domain name, CIRA will email the owner of the conflicting domain name three times asking that person to authorize client’s registration by replying to each of those three emails.  The domain name is not registered until the owner of the conflicting domain name responds to all three emails, and during this time the domain name will not be available for use.  Due to CIRA rules and registration guidelines, the Customer’s chosen domain name may not be available, and, if so, the Customer may need to register an alternate domain name.

5.4  Domain Renewals

Shared Hosting Services do not include domain name renewals.  Renewals for new domain names registered with or transferred to TELUS are accepted online at http://www.telushosting.com by credit card only.  TELUS will email the admin contact, at the address listed in the WHOIS / CA WHOIS / CC WHOIS database (“WHOIS Database”), prior to expiry about the approaching renewal and with renewal instructions.  For domain names hosted by TELUS, the Customer must renew the domain name with the current registrar.  The Customer may transfer a domain name to TELUS by submitting a transfer order online to the Hosting Web Site.

5.5  Host Domain

No registration fee is charged when the Customer uses an existing domain name.

5.6  All Registrations

The Customer must update the name servers in accordance with instructions provided by TELUS.  TELUS cannot modify a Customer’s domain name.  Name servers are not updated during domain name transfers.  TELUS is not responsible or liable for any use of a domain name prior to confirmation of registration of the domain name.  TELUS does not guarantee that any domain name can be successfully registered or transferred.  The Customer must keep all contact information relating to the Customer’s domain name updated and accurate.

6.  Changes by TELUS

TELUS may change this Agreement, as it applies to the Shared Hosting Services, including the charges or any policies, at any time.  Any changes to the UP and TPC will be made in accordance with sub-section 2.1 of these Service Specific Terms and Conditions.  Any other changes will be posted on the Hosting Web Site, and become effective upon posting.  A notice that changes have been made will be posted on the Hosting Web Site for 30 days, and the Customer must regularly review the Hosting Web Site to obtain timely notice of such changes.  The Customer’s continued use of the Shared Hosting Services following posting of any such changes will constitute acceptance of such changes by the Customer.  If the Customer does not agree to any such change, the Customer must immediately cease any use of the Hosting Services and notify TELUS of termination in accordance with sub-section 4 of these Service Specific Terms and Conditions.

Internet Fax Services

Service Specific Terms and Conditions

1.  Internet Fax Services

1.1  These Service Specific Terms and Conditions apply to Internet Fax Services included in the TELUS Business One Bundle provided to the Customer.  Internet Fax Services are provided by TELUS Communications Company.  Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

1.2  Internet Fax Services provide the Customer, subject to the terms of this Agreement, with the ability to send, receive and broadcast faxes online.  Internet Fax Services are specifically described at http://www.telus.com/internetfax (the “Internet Fax Site”) and the Internet Fax Services plans and features selected by the Customer are specified in the Solution Details.

2.  Help Desk Services

The Internet Fax Services Help Desk will provide telephone and email assistance on a reasonable efforts basis, via the telephone number and email address and during the hours specified on the Internet Fax Site.  Assistance is limited to the Customer's problems using the Internet Fax Services and excludes problems related to the Customer's personal hardware or software or other network components or equipment not used by TELUS to provide the Internet Fax Services.  The Customer acknowledges that charges may apply to certain non-standard support services, as specified by TELUS.  TELUS cannot guarantee the resolution of any particular problem or Internet Fax Services interruption.

3.  Amendments

TELUS may amend this Agreement at any time and such amendments will be effective immediately upon posting the same on the Internet Fax Site.  A notice that amendments to the Agreement have been made will be posted on the Internet Fax Site for 30 days and the Customer is responsible for regularly reviewing the Internet Fax Site to obtain timely notice of any such amendments.  Each time the Customer uses the Internet Fax Services reaffirms the Customer’s acceptance of the then-current Agreement.  If the Customer does not agree to any amendment to this Agreement, the Customer must immediately cease any use of the Internet Fax Services and shall notify TELUS of termination in accordance with sub-section 8 of the General Terms and Conditions.

4.  Customer Information

4.1  The Customer agrees to provide true, current, accurate and complete Customer information as prompted by TELUS’ registration process and to promptly notify TELUS of any changes to this information as required to keep it current, complete and accurate.

4.2  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 (the “TPC”) published at http://www.telus.com/privacy/privacy.html.

4.3  For the purposes of sub-section 9 of the General Terms and Conditions, the Customer hereby expressly consents to the collection, use and disclosure by TELUS and its agents of the Customer's information, content and materials (including, without limitation, personal information) to the extent such collection, use and disclosure is authorized under sub-sections 4.2 and 11.3 of these Service Specific Terms and Conditions.

5.  Customer Responsibility

5.1  The Customer shall not permit any person under the age of majority to use the Internet Fax Services and, if the Customer is an individual, the Customer warrants that (s)he is at least the age of majority.    

5.2  As the account holder, the Customer is solely responsible and liable for its account and all activities that are conducted through its account including, without limitation, any applicable fees and charges incurred.  The Customer is also responsible for maintaining the confidentiality of its account and all passwords related to its account.  The Customer will immediately notify TELUS of any unauthorized use of the Internet Fax Services or the Customer’s passwords, or of any other breach of security, and will provide assistance as requested by TELUS to stop or remedy any breach of security.

5.3  The Customer acknowledges that TELUS does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement transmitted through the use of the Internet Fax Services, (ii) assume any liability for any harassing, offensive or obscene material distributed through the use of the Internet Fax Services, or (iii) assume any liability for any material distributed through the use of the Internet Fax Services including, without limitation, any use of the Internet Fax Services which is in violation of any third party's copyright or any other intellectual property right.

5.4  The Customer acknowledges that it is responsible for anything that it may require to connect to the Internet Fax Services including, without limitation, the installation, operation and maintenance costs of any and all software, hardware and/or Internet services.

6.  Acceptable Use Policy

6.1  The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP"), published at http://www.telus.com/aup.

6.2  Because Internet Fax Services numbers may be immediately reassigned to other customers in the event the Customer's account is terminated, the Customer is prohibited from "opting in" to receive "spam" faxes from third parties through its Internet Fax Services account.  TELUS reserves the right to determine, in its sole discretion, whether certain types of messages constitute "spam".

7.  Minimum System Requirements

Use of the Internet Fax Services is subject to the Customer's equipment satisfying minimum requirements for hardware and software which requirements may be changed without notice at any time at TELUS' sole discretion.  TELUS will use reasonable efforts to post current minimum requirements on the Internet Fax Site.

8.  General Practices and Limits

The Customer acknowledges that TELUS may establish general practices and limits concerning use of the Internet Fax Services including, without limitation, the maximum number of messages that may be sent from or received by an Internet Fax Services account and the maximum size of any message that may be sent from or received by an Internet Fax Services account.  Such general practices and limits shall be posted on the Internet Fax Site or otherwise made available to the Customer.  The Customer agrees to comply with all such general practices and limits.  The Customer acknowledges that such general practices and limits may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion.  TELUS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.  The Customer further agrees that violating such practices or exceeding such limits may result in suspension, restriction or termination of its account or the imposition of additional charges.

9.  Software

The Customer agrees that any and all software and related documentation that forms part of the Internet Fax Services or that is supplied by TELUS, its agents, or representatives for use in connection with the Internet Fax Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to the terms of this Agreement, including without limitation the disclaimers and limitations of liability herein, and the terms of any applicable Software license made available to the Customer by TELUS.  Unless otherwise authorized by TELUS or in the applicable Software license, the Customer agrees not to (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.

10.  Fees and Charges

10.1  The Customer agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Internet Fax Services through its account, in accordance with the rates and billing policies established from time to time by TELUS that are applicable to the service plan and features which the Customer has selected.  Such rates and billing policies will be posted on the Internet Fax Site or otherwise made available to the Customer by TELUS.  Fees are non-refundable, except as otherwise explicitly provided in this Agreement.

10.2  By using a credit card or other payment method for payment of the Internet Fax Services, the Customer expressly authorizes TELUS or its agents to charge all fees and other charges incurred in connection with use of the Customer's account to the credit card or other payment method the Customer has designated, and such authorization will survive any termination of this Agreement until there is no money owing by the Customer under this Agreement.  If the Customer uses a credit card or other payment method and TELUS does not receive payment from the card issuer or its agents or through the other payment method, the Customer agrees to pay all amounts due upon demand by TELUS.  TELUS reserves the right to accept other forms of payment or to modify the forms of payment it will accept.

10.3  Any failure of TELUS to make a bill or statement available to the Customer pursuant to this Agreement does not affect the Customer's responsibility to pay any incurred charges.  Unless the Customer notifies TELUS of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on the Customer's bill or statement, such bill or statement will be deemed accepted by the Customer for all purposes.  Without limiting anything else in this Agreement, the Customer agrees to release TELUS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to TELUS within 90 days of the publication date of the applicable bill or statement.

11.  Compliance Measures

11.1  The Customer acknowledges that TELUS has no obligation to censor or monitor use of the Internet Fax Services by the Customer, any other customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Internet Fax Services or the Internet.  However, the Customer agrees that TELUS has the right to, without notice, monitor use of the Internet Fax Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Internet Fax Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

11.2  In the event that TELUS receives a complaint relating to the Customer's use of the Internet Fax Services, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or block or remove any content, information or materials from its servers.  If TELUS exercises any of these rights, it is not obligated to refund any charges paid by the Customer.

11.3  The Customer agrees that TELUS may, without notice or liability, disclose to third parties any Customer information or any other content, information or materials associated with an Internet Fax Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Internet Fax Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.  TELUS' rights to disclose under this sub-section will prevail over the TPC.

12.  Ownership

12.1  The Customer acknowledges that information and materials available through the Internet Fax Services may be protected by copyright, trade-marks, and other intellectual property rights.  The Customer agrees that its use of such information and materials is governed by all applicable laws and regulations, and by any further restrictions placed on such information and materials by their owners or licensors.

12.2  TELUS does not claim ownership of the information or materials that the Customer transmits to TELUS or any third party using the Internet Fax Services.  By using the Internet Fax Services, the Customer grants TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, edit, delete, publish and translate such information and materials to the extent reasonably required by TELUS to provide the Internet Fax Services or to enforce the terms of this Agreement and the Customer confirms that, by doing so, TELUS will not infringe any intellectual property rights of the Customer or any other person or entity.

12.3  The Customer understands that it is not the owner of any fax number assigned to it by TELUS.  Ownership of any such fax number is vested solely in TELUS.  Following the termination of the Customer's account for any reason, such fax number may be re-assigned immediately to another customer.  The Customer further acknowledges that TELUS may from time to time in its sole discretion need to change the fax number assigned to the Customer.  The Customer agrees that TELUS will not be liable for any losses or damages arising out of any such re-assignment or change in fax numbers.

12.4  The Customer agrees that it is not authorized to charge services provided to it or at its request to the fax number assigned to the Customer by TELUS and that it will not request or otherwise cause any third-party service provider to charge any such services to such number.  Any such charges will give TELUS the right to immediately terminate the Customer's account without notice.

13.  Termination and Termination Charges

13.1  In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Internet Fax Services and this Agreement, for convenience, at any time by giving at least 30 days advance notice to the Customer, in which case TELUS will refund any amounts prepaid by the Customer for the provision of Internet Fax Services after the termination date.

13.2  TELUS is not required to notify any other person of termination of the Customer’s account nor provide any termination assistance.  Following termination, TELUS is not required to maintain or forward (and may immediately delete) any message, information or materials related to the Customer's account.

14.  Changes

14.1  TELUS reserves the right to change the charges, features, fax numbers and minimum systems requirements of the Internet Fax Services, the AUP, the TPC, any content on the Internet Fax Site, and any other aspect of the Internet Fax Services at any time, without notice or liability, at TELUS' sole discretion.

14.2  All references to web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web sites.

15.  Links

The Internet Fax Site and other TELUS web sites that the Customer may visit while using the Internet Fax Services may contain links to other Internet sites.  These links are provided solely as a convenience to the Customer and the inclusion of any link does not imply endorsement, investigation or verification by TELUS of the linked Internet site or information contained therein.  TELUS shall not be responsible for the content of any other Internet sites and makes no representations, conditions or warranties regarding any other Internet sites or the contents or materials on such Internet sites.

 

Teleconferencing Services

Service Specific Terms and Conditions

The Service Specific Terms and Conditions in this section apply to the “Conference on Demand” and “Teleconference Toll Free Access” services and features (“Teleconferencing Services”) included in the TELUS Business One Bundle provided to the Customer.  Teleconferencing Services are provided by TELUS Communications Company.  Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business One Bundle.

1.  Services Description and Charges

Teleconferencing Services enable three or more participants to connect on a telephone call without special equipment, and the following specific teleconferencing services and features are available for use by the Customer.

Conference on Demand provides conference calls without having to reserve ports in advance, by providing users with a permanent dial in number, chairperson and participant passcodes.  The variable charge specified in the Solution Details for Conference on Demand will apply for each minute of use per teleconferencing port.

Teleconference Toll Free Access provides toll free access to the conference bridge to all participants of the conference call, via a special toll free number.  The Customer is responsible for all long distance charges associated