Service Terms and Conditions: High Speed Internet Services
This is an agreement between you (“you” or “Customer”) and TELUS Communications Inc. ("TELUS"). It sets out the terms and conditions (the "Service Terms") that apply to all Unmanaged High Speed Internet Services that TELUS provides (the "Services"), and any equipment provided to you for use with the Services. The Service Terms, together with TELUS rules and policies applying to the use of the Services, form the agreement between you and TELUS for the Services (the "Agreement").
The Services provide the Customer, subject to the terms of this Agreement, with Internet access and the service features that are part of the service plan selected by the Customer. The Services are generally described at http://www.telus.com/officeinternet, (the “Services Web Site”)as may be updated from time to time, and the Office Internet and/or Fibre Internet service plan selected by the Customer, and details about the service plan, are specified in the Order Details.
By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, "you" refers to the person or business whose name appears on the bill.
TELUS reserves the right to amend these Service Terms, as well as associated rates and additional charges, at any time by giving 30 days’ notice. TELUS will notify you of amendments to these Service Terms by posting notice of the amendment at the Services Web Site, or by sending you notice on your monthly bill that the Service Terms have been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Services Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill. You are not obliged to continue using the Services after an amendment to the Service Terms is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Service Terms, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Service Terms.
3. Service Plans
Service plans for High Speed Internet for Business and solution details can be found here.
The Services are provided on a month to month basis until terminated in accordance with this Agreement.
5. Charges and Payment
TELUS will bill the Customer for, and the Customer shall pay, all charges specified in the Order Details or elsewhere in this Agreement and all government charges and applicable taxes relating to the Services. Recurring charges for a Service will be billed monthly upon installation of the Service or any unit of the Service.
The billed amount is payable in full, without deduction or set off, by the due date shown on the bill. The Customer shall pay a late payment charge of 2% per month (compounded to 26.82% per year), calculated from the billing date, on any amounts not received by TELUS by the due date shown on the bill. TELUS may change the late payment charge at any time by giving at least 30 days’ advance notice to the Customer.
6. Property Rights
This Agreement does not grant to the Customer any ownership, intellectual property or other rights or licenses in or to any Service Components and does not grant to TELUS any ownership, intellectual property, or other rights or licenses in or to any property of the Customer, unless stated elsewhere in this Agreement. In this Agreement, the “Service Components” are the facilities, equipment, software, systems, processes, and documentation used by TELUS to provide the Services.
7. Use of the Services
The Customer shall comply with all restrictions on use of the Services in this Agreement, and with any use policies or instructions that apply generally to all TELUS customers using the same service and that are communicated to the Customer by TELUS. The Customer shall not:
(a) tamper with or change the Services or any Service Components,
(b) abuse the Services or use them in a manner that interferes with any Service Components, TELUS’ network or the use of TELUS services by other persons, or in a manner that avoids the payment of any charges, or
(c) use the Services in violation of any law or another person’s rights, or for an illegal purpose.
The Customer is responsible for the selection, supply, installation, maintenance and security of all equipment, software, data, and services necessary for use or used in conjunction with the Services. The Customer is responsible and will be liable to TELUS for:
(d) all access to and use of the Services, including use that breaches this Agreement, by any person through the Customer’s equipment, software or services or by any person using any Customer credentials or permissions necessary to access or use the Services, even if the person or the use is not authorized by the Customer, and
(e) “Third Party Liabilities”, being all loss and liability incurred by TELUS resulting from any claim made against TELUS in connection with the Customer’s equipment, software, data or services, or in connection with any access to or use of the Services described in subparagraph (d).
8. Warranty and Service Exclusions
TELUS does not guarantee error-free or uninterrupted operation of the Services, and provides the Services on an “as is” and “as available” basis. Warranties, representations, and conditions do not apply to the Services and are excluded, to the extent permitted by law.
9. Limitation of Liability
Neither party will be liable to the other party for loss of profits or business, failure to realize expected savings, loss of or damage to data, loss of good will or reputation, or any consequential or indirect damages, arising from or relating to the Services or this Agreement. This exclusion applies even if the party could reasonably foresee or has been advised of the possibility of such losses, failure, or damages. This exclusion does not apply to a party’s responsibility for Third Party Liabilities or obligations to pay liquidated damages.
TELUS’ entire liability to the Customer arising from or relating to:
(a) a Service is limited to an amount equal to the total charges paid by the Customer for the Service during the one-year period immediately preceding the first event that resulted in any claim by the Customer against TELUS for that Service, and
(b) this Agreement or all of the Services is limited to an amount equal to the total charges paid by the Customer under this Agreement during the one-year period immediately preceding the first event that resulted in any claim by the Customer against TELUS arising from or relating to a Service or this Agreement.
These exclusions and limitations of liability apply whether the claims are made in contract, tort (including negligence), statute, or otherwise.
10. Suspension and Termination
TELUS may restrict, suspend, or terminate some or all of the Services or terminate this Agreement if the Customer fails to pay any amounts when required under this Agreement, by giving 10 days’ advance notice to the Customer.
Despite any other provision in this Agreement, TELUS may (but is not obligated to) immediately restrict, suspend or terminate some or all of the Services without advance notice to the Customer:
(a) to protect TELUS or the Customer from unauthorized use of the Services,
(b) to prevent damage or degradation to TELUS’ network or any Service Components that may be caused by the Customer or any person using the Services,
(c) to comply with any law, or order of a court or other lawful authority,
(d) for a violation (as determined by TELUS) of any provisions of this Agreement relating to the use or misuse of the Services by the Customer, including any policies or instructions communicated to the Customer by TELUS, or
(e) to protect TELUS from legal liability or from acts or omissions of the Customer that are determined by TELUS to be illegal.
TELUS shall give notice of the restriction, suspension, or termination to the Customer when reasonably possible after the action has been taken. If Services are restricted or suspended and the reason for the restriction or suspension continues for 30 days from the date notice of the restriction or suspension was given to the Customer, TELUS may terminate the restricted or suspended Services, and this Agreement if all Services are restricted or suspended, by giving notice to the Customer.
Either TELUS or the Customer may terminate this Agreement and the Services by giving notice to the other if the other:
(f) is in material default of any provision of this Agreement, and does not remedy that default within 30 days after receiving notice of the material default, or
(g) has a receiver or trustee in bankruptcy appointed for it or is the subject of bankruptcy, receivership, or liquidation proceedings that continue for 30 days, makes an assignment or takes other action for the benefit of its creditors, or is wound up or dissolved (any such event being a “Material Adverse Event”).
The Customer may terminate some or all of the Services or this Agreement at any time by giving at least 30 days’ advance notice to TELUS. If the Customer is a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576:
(h) the Customer may terminate some or all of the Services or this Agreement by giving notice to TELUS, and
(i) termination of a Service will be effective when TELUS receives the notice or, if the Service requires disconnection and porting to another service provider, upon disconnection.
TELUS may terminate a Service and this Agreement as it applies to the Service by giving reasonable advance notice to the Customer if TELUS is ceasing to provide the same service generally to its customers.
If any Services or this Agreement are terminated by either the Customer or TELUS, for any reason, the Customer shall pay all unpaid charges for the Services up to the termination date.
11. Customer Information (General)
In relation to all telecommunications services provided by TELUS Communications Inc. (“TCI”), unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by TCI regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by TCI to anyone other than:
(a) the Customer,
(b) a person who, in the reasonable judgement of TCI is seeking the information as an agent of the Customer,
(c) another telecommunications company, provided the information is required for the efficient and cost-effective provision of telecommunications service and disclosure is made on a confidential basis with the information to be used only for that purpose,
(d) a company involved in supplying the Customer with telecommunications or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose,
(e) an agent retained by TCI to evaluate the Customer’s creditworthiness or collect the Customer’s account, provided the information is required for and is to be used only for that purpose,
(f) a public authority or agent of a public authority, if in the reasonable judgement of TCI it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information,
(g) a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information, or
(h) an Affiliate involved in supplying the Customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.
Express consent may be taken to be given by the Customer where the Customer provides written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by TCI, or consent through other methods, as long as an objective documented record of the Customer consent is created by the Customer or by an independent third party. TELUS may also release certain customer information to a law enforcement agency, in accordance with the terms of a tariff approved by the Canadian Radio-television and Telecommunications Commission (the “CRTC”).
Consent. The Customer consents to the disclosure and sharing of information that TELUS has and its Affiliates have about the Customer among TELUS and its Affiliates and to:
(i) credit agencies, in order to assess the Customer's creditworthiness,
(j) service providers to TELUS and its Affiliates, as is reasonably necessary to provide the Services to the Customer, and
(k) their dealers and agents, to market or provide to the Customer the products and services of TELUS and its Affiliates, and the products and services of other persons who provide related products and services in association with TELUS and its Affiliates.
12. Mediation and Arbitration
TELUS and the Customer shall use mediation and arbitration to resolve disputes between them arising from or relating to the Services or this Agreement, whether the dispute is based in contract, tort (including negligence), statute, or otherwise.
If the business representatives of the parties have not been able to resolve any such dispute, in order to proceed with the dispute a party must submit the dispute to private and confidential mediation before a single mediator. If the dispute is not resolved after mediation, in order to proceed with the dispute a party must submit the dispute to private and confidential arbitration before a single arbitrator. Mediation and any arbitration will take place in Vancouver, British Columbia under the rules of the ADR Institute of Canada, including its rules as to initiation and submission of a dispute to mediation and arbitration, appointment of the mediator and any arbitrator, and responsibility for the fees and expenses arising from or relating to mediation and arbitration.
An arbitration decision will be final and binding on the parties, and the parties will have no rights of appeal. The decision may be enforced by court proceedings.
This subsection does not apply to the collection of any amounts owing to TELUS or any injunction application, except that in the case of an injunction application, the parties shall use mediation and arbitration to resolve the dispute that led to the application. The Customer waives any right it may have to start or participate in, and agrees to opt out of, any class action against TELUS arising from or relating to the Services or this Agreement. Nothing in this subsection restricts or intends to restrict the rights or powers of any administrative authority with jurisdiction over TELUS or the Services.
13.1 Interpretation. The headings in this Agreement do not affect the interpretation of any provision of this Agreement. The words “including” and “includes” mean “including without limitation” and “includes without limitation”. An “Affiliate” means any entity controlling, controlled by or under common control with a party, where “control” means the ownership of at least 50% of the equity or beneficial interest of the party or that entity or the right to vote for or appoint a majority of the board of directors or other governing body of the party or that entity.
13.2 Assignment. The Customer shall not assign all or any part of this Agreement or all or any of its rights or obligations under this Agreement without the advance written consent of TELUS.
13.3 Relationship. This Agreement does not create or imply any agency, partnership, or other joint relationship between the parties, and does not authorize either party to bind or obligate the other in any way.
13.4 Force Majeure. TELUS is not responsible for the performance of, or in default of, any obligation or provision of this Agreement if delayed, hindered or prevented by labour disruptions, failure of the networks of other companies, casualties, civil disturbances, law, order of a court or other lawful authority, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters, or other catastrophes or events beyond TELUS’ reasonable control.
13.5 Severability. If any provision of this Agreement is void, prohibited, or unenforceable, this Agreement is to be construed as if that provision had never been part of this Agreement.
13.6 No Waiver. The failure of the Customer or TELUS to exercise any right under this Agreement, or to insist upon strict or full performance of the obligations under this Agreement, does not constitute a waiver or relinquishment of any provision of this Agreement. To bind a party, any such waiver must be express and in writing signed by that party. The rights of the parties under this Agreement are cumulative and not alternative.
13.7 Survival. Provisions of this Agreement that expressly or by their nature extend beyond the termination of this Agreement survive any termination of this Agreement.
13.8 Law. If any provision of this Agreement is prohibited by or contravenes any CRTC order or decision, that provision applies only to the extent permitted by the order or decision. TELUS and the Customer shall comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement is subject to and is to be interpreted in accordance with the federal law of Canada and the laws of the province of British Columbia, without regard to that province’s choice of law rules. Venue and jurisdiction will be in that province.
13.9 Notices. To be effective, notices to the Customer under this Agreement and notices of and requests for mediation and arbitration to either the Customer or TELUS must be given in writing to the other party’s notice address, by commercial courier with proof of delivery, fax, personal delivery, or registered mail. The Customer’s notice address and fax number are its billing address and fax number on the Customer’s monthly bill. TELUS’ notice address and fax number for any notice of or request for mediation or arbitration are 3777 Kingsway, 5th Floor, Burnaby B.C. V5H 3Z7, 604 – 435 – 5650. Notices and requests delivered personally or by commercial courier or fax will be deemed to have been received on the day of delivery. Notices and requests sent by registered mail will be deemed to have been received four days (excluding Saturdays, Sundays, and statutory holidays) after the date of mailing. Notices to TELUS under this Agreement, other than any notice of or request for mediation or arbitration, must be given by telephone to the TELUS number shown on the last bill sent to the Customer before the date of notice.
13.10 Entire Agreement. Any terms and conditions in a purchase order or other similar document issued by the Customer in relation to any Services that are different from or in addition to those in this Agreement do not bind and are rejected by TELUS. This Agreement forms the entire agreement between the parties, and supersedes all written and oral communications and agreements between the parties concerning the Services made before this Agreement came into effect.
14. 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.
15. Customer's Account
15.1 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.
15.2 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.
16. Customer Information
16.1 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.
16.2 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.
16.3 For the purposes of Section 11, 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 Sections 16.2 and 27.3.
17. Billing and Payment
17.1 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.
17.2 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.
18. Service Limitations
18.1 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.
18.2 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.
18.3 Final confirmation of availability of the Services cannot occur until the Services equipment is installed at the Customer’s premises.
18.4 Reverse engineering of the Services is not permitted. This means that the Customer cannot have a higher upload than download speed.
18.5 TELUS does not guarantee that the Services will operate with all equipment or software, including all Internet applications and appliances.
18.6 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.
18.7 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.
19. 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).
20.1 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.
20.2 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.
20.3 The Customer shall comply with the terms of the quick install guide included on the TELUS install wizard CD, where applicable.
21. Customer Equipment and Software
21.1 Customer shall ensure their equipment is able to connect to the Services by either (a) supplying and installing a suitable network interface card (“NIC”) at the Customer’s premises prior to installation of the Services, or (b) providing wireless connectivity.
21.2 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.
21.3 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.
22. 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.
23. Smart Hub (Hardware) Supplied by TELUS for 4G Failover
The Customer may receive a TELUS wireless Smart Hub device as backup for the Services for use by the Customer at the Service Address specified in the Order Details. The Smart Hub device can accommodate a maximum of 3 Wired LAN connections and up to 32 Wireless LAN Connections. A TELUS router is required in order to use the Smart Hub device. The Smart Hub device is not recommended for use with a non-TELUS router as the device does not support a bridge mode configuration option or functionality. Performance of Internet service connectivity on the Smart Hub device will be subject to wireless signal strength at the location of the Smart Hub device.
The Smart Hub device forms part of the Service Components or equipment. The Customer will install the Smart Hub device in accordance with instructions from TELUS.
The Customer agrees to pay TELUS the then current fee (and applicable taxes) for the Smart Hub device, unless another amount is otherwise specified in the Order Details. The Customer agrees to pay all fees and charges incurred (and applicable taxes) for incremental usage in accordance with the Wireless Backup Smart Hub plan specified in the Order Details.
If the Customer terminates a service plan that included a Smart Hub device within the first six (6) months after installation of the Services, the Customer must pay TELUS the then current fee for the Smart Hub device.
The Customer is responsible for any repair or replacement costs if the Smart Hub device is repaired, moved, or modified by any person not authorized by TELUS, is damaged by causes external to the Smart Hub device or is abused, neglected or improperly stored or operated, and shall indemnify TELUS for any third party claims arising from or based on any such repair, move, modification or damage.
TELUS is not responsible for interruptions in the Services caused by any unauthorized relocation, modification or repair of the Smart Hub device.
The Customer should contact the Services Help Desk in the event of a Service outage.
24.1 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.
24.2 From time to time TELUS may e-mail updates and notices regarding the Services to the Customer.
24.3 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.
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.
26. Acceptable Use Policy
The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP"), published at http://www.telus.com/aup.
27. Proprietary Rights
27.1 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.
27.2 TELUS does not claim ownership of information, materials, software or other content (collectively, the “Content”) that the Customer posts, upload, 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.
27.3 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.
28. Compliance Measures
28.1 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. To comply with any law, regulation, court order or other governmental request or order, TELUS may access, preserve and disclose any telecommunications related data or information associated with the Customer’s use of the Services. TELUS’ rights to disclose under this sub-section will prevail over the TPC.
28.2 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.
28.3 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.
29. Service Changes
29.1Despite any other provision in this Agreement, in order to maintain or improve the Services or for other business reasons, TELUS may change the 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.
29.2 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.
30. Customer Service Plan Changes
30.1 The Customer may change the service plan that the Customer has subscribed for or selected, as specified in the Order Details, to another service plan, by submitting a request to TELUS via the contact information set out in the Customer’s monthly bill. By continuing to use the Services after receipt of a bill or statement reflecting the change in the service plan requested by the Customer, the Customer is deemed to have accepted the new service plan.
31. Additional Termination Rights
31.1 In addition to TELUS’ rights set forth in Section 10, 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 TELUS will refund any amounts prepaid by the Customer for the provision of Services after the termination date.
31.2 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.
31.3 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 the Services, 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 the then in effect charge, plus applicable taxes. The location of TELUS approved depots can be obtained by contacting TELUS via the contact information set out in the Customer’s monthly bill.