Legal

Terms and Conditions - Business Anywhere Plus Desktop Backup Services

Service Specific Terms and Conditions

These Service Terms form part of the agreement between the Customer and TELUS for Business Anywhere Plus and apply to the Customer’s use of Desktop Backup Service.

1.Service Description
Desktop backup Service provides the ability to backup and retrieve data files over the Internet, and to secure and recover data that resides on the Customer’s computers. Desktop backup Service automatically stores the Customer’s data at a secure data centre and allows for retrieval of the data by the Customer’s end users.The service features selected by the Customer are specified in the Order Details.

2.Interpretation
Any capitalized words and expressions that are not defined in these Service Terms have the meaning set out for such words and expressions in the agreement between the Customer and TELUS for business Anywhere Plus.

3.User Seats and Online Ordering Function
Desktop backup Service is provided on a per seat basis. The number of seats initially ordered by the Customer is specified in the Order Details. The Customer must obtain one seat for each individual user, and multiple users cannot share a seat. 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 http://business.telus.com/en_CA/bC/products/Small_business/Security/backup_And_Recovery/details/bcSmbDesktopbackup.html, and become effective on posting.

4.Implementation
Desktop backup Service 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 with TELUS or another service provider for the purpose of connecting to and using Desktop backup Service.

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 Desktop backup Service 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 these Service Terms 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 Desktop backup Service only within Canada and the United States; (b) use Desktop backup Service for the Customer’s own internal business purposes only, and shall not resell Desktop backup Service or access to Desktop backup Service; (c) comply with the TELUS’ Acceptable Use Policy (the “AUP”) published at http://www.telus.com/aup; and (d) not reproduce, duplicate, copy, sell, resell, disassemble, decompile or reverse engineer all or any part of Desktop backup Service. TELUS may change the AUP at any time, in its sole discretion, and publishing the changed AUP at http://www.telus.com/aup will be sufficient notice of the changes to the Customer.Use of software included with Desktop backup Service may also be subject to additional license terms and conditions or conditions of use, upon accessing Desktop backup Service. 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 Desktop backup Service outside of Canada or the United States.Use of Desktop backup Service in any application that may involve risk 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 Desktop backup Service (the “Customer’s Content”). TELUS exercises no control whatsoever over the content, accuracy or quality of the 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 business Anywhere Plus Agreement, 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, TELUS 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 Desktop backup Service 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 Service does 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 Desktop backup Service.

10.billing
All non-recurring charges and monthly recurring charges will be billed beginning from the date that implementation of Desktop backup Service is complete, or sixty (60) days from the effective date of the business Anywhere Plus Agreement as it relates to Desktop backup Service, whichever is the earlier date.

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

Service Level Agreement Category
Indicator
Standard
Service Level Agreement Target
Service Availability*
time during which Desktop Backup Service is available for use
7 days by 24 hours
99.9% averaged over 90 days
Service Maintenance
time required to perform regular maintenance service activities
all maintenance activities will be scheduled during preidentified time slots
N/A
Service Level Response Time*
time required to start 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 these Service Terms, including the charges, policies, performance measures or service level objectives at any time. Any changes by TELUS may be made by giving thirty (30) days notice to the Customer. Unless the Customer gives TELUS notice of termination within seven (7) 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 Desktop backup Service 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 Desktop backup Service, 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.

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