These Service Terms form part of the agreement between the Customer and TELUS for Business Select and apply to the Customer’s use of service groupings in the Enhance My Productivity service category. Services that are part of service groupings in the Enhance My Productivity service category are provided by TELUS Communications Company.
1. Service Category
Service groupings in the Enhance My Productivity service category provide the Customer with the Services in the following table.
|Audio & Web Conference on Demand||Conference on Demand Service|
|Internet Fax||Internet Fax Service|
|Table: Enhance My Productivity - Service Groupings|
The Enhance My Productivity service grouping selected by the Customer, and details about the service grouping, are specified in the Order Details.
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 Select.
The terms and conditions in this section apply to the Audio & Web Conference on Demand service grouping.
3.1 Service Description
Conference on Demand Service provides audio conference calls without having to reserve ports in advance, by providing users with a permanent dial in number, and chairperson and participant passcodes.
Conference on Demand Service provides the following features:
(a) Teleconference Local Access, which provides participants in certain metropolitan areas with access through local telephone numbers to Conference on Demand Service;
(b) Teleconference Toll-free Access, which provides toll-free access to the Conference on Demand Service conference bridge to participants via a special toll-free number; and
(c) Web Conference on Demand, a web conferencing application that is fully integrated with audio conferencing. Web Conference on Demand provides for real-time collaboration by allowing presenters to share slide shows, applications or a desktop with conference participants.
The charges specified in the Order Details will apply to each minute of use per audio and web teleconferencing port.
With respect to Teleconference Toll-free Access, in addition to all other applicable charges, the Customer is responsible for all long distance charges (for each minute of use per teleconferencing port) associated with use by conference call participants of the special toll-free number at the per minute charge for Teleconference Toll-free Access specified in the Order Details.
Teleconference Local Access is available to the Customer at no additional charge.
4. Additional Service Terms: Internet Fax
The terms and conditions in this section apply to the Internet Fax service grouping.
4.1 Service Description
4.4 Customer Information
The Customer shall provide true, current, accurate and complete Customer information as prompted by TELUS’ registration process 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.
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 Internet Fax Service (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.
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 paragraph 2 of this sub-section 4.4 and paragraph 3 of sub-section 4.11.
4.5 Customer Responsibilities
The Customer shall not permit any person under the age of majority to use Internet Fax Service and, if the Customer is an individual, the Customer warrants that he/she is at least the age of majority.
As the account holder, the Customer is solely responsible and liable for its account and all activities that are conducted through its account including 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 Internet Fax Service 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.
The Customer acknowledges and agrees that TELUS does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement transmitted through the use of Internet Fax Service, (ii) assume any liability for any harassing, offensive or obscene material distributed through the use of Internet Fax Service, or (iii) assume any liability for any material distributed through the use of Internet Fax Service including any use of Internet Fax Service which is in violation of any third party's copyright or any other intellectual property right.
The Customer is responsible for anything that it may require to connect to Internet Fax Service including the installation, operation and maintenance costs of any and all software, hardware and/or Internet services.
4.6 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. 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.
Because Internet Fax Service 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 Service account. TELUS reserves the right to determine, in its sole discretion, whether certain types of messages constitute "spam".
4.7 Minimum System Requirements
Use of Internet Fax Service is subject to the Customer's equipment satisfying minimum requirements for hardware and software which requirements may be changed without notice at any time in TELUS' sole discretion. TELUS will use commercially reasonable efforts to post current minimum requirements on the Internet Fax Site.
4.8 General Practices and Limits
The Customer acknowledges that TELUS may establish general practices and limits concerning use of Internet Fax Service including the maximum number of messages that may be sent from or received by an Internet Fax Service account and the maximum size of any message that may be sent from or received by an Internet Fax Service 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.
The Customer agrees that any and all software and related documentation that forms part of Internet Fax Service or that is supplied by TELUS, its suppliers, agents, or representatives for use in connection with Internet Fax Service (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 the Agreement and these Service Terms, including the disclaimers and limitations of liability, 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.
4.10 Fees and Charges
The Customer agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of Internet Fax Service through its account in accordance with the rates and charges specified in the Order Details. Fees are non-refundable, except as otherwise explicitly provided in these Service Terms.
Any failure of TELUS to make a bill or statement available to the Customer pursuant to the 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 ninety (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 the 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 ninety (90) days of the date of the applicable bill or statement.
4.11 Compliance Measures
TELUS has no obligation to censor or monitor use of Internet Fax Service 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 Internet Fax Service or the Internet. However, TELUS has the right to, without notice, monitor use of Internet Fax Service and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide Internet Fax Service to customers, ensure adherence to or enforce the terms of the Agreement and these Service Terms, 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.
If TELUS receives a complaint relating to use of Internet Fax Service 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. If TELUS exercises any of these rights, TELUS is not obligated to refund any charges paid by the Customer.
TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with an Internet Fax Service account, if TELUS believes in good faith that such activity is reasonably necessary to provide Internet Fax Service to customers, ensure adherence to or enforce the Agreement and these Service Terms, 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 Internet Fax Service. TELUS' rights to disclose under this sub-section will prevail over the TPC.
The Customer acknowledges and agrees that information and materials available through Internet Fax Service may be protected by copyright, trademarks, 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.
TELUS does not claim ownership of the information or materials that the Customer transmits to TELUS or any third party using Internet Fax Service. By using Internet Fax Service, 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 Internet Fax Service or to enforce the terms of the 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.
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.
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.
4.14 Termination and Termination Charges
In addition to TELUS’ rights in the Agreement, TELUS may terminate Internet Fax Service and this Agreement as it relates to the provision of Internet Fax Service for convenience, at any time, by giving at least thirty (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 Service after the termination date.
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.
4.15 Service Changes
In order to maintain or improve Internet Fax Service or for other business reasons, TELUS reserves the right to change the charges, features, fax numbers and minimum systems requirements of Internet Fax Service, the AUP, the TPC, any content on the Internet Fax Site, and any other aspect of Internet Fax Service at any time, without notice or liability, in TELUS' sole discretion.
All references to web site addresses in this these Service Terms shall also include any successor or replacement web sites containing substantially similar information as the referenced web sites.
The Internet Fax Site and other TELUS web sites that the Customer may visit while using Internet Fax Service 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 on the linked Internet web site. 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.