A. General Terms
1. Limit on Liability
The service performance commitment that applies to a service, if any, is your only remedy for any problem with a service. We do not guarantee timely, secure, error-free or uninterrupted services. To the extent permitted by law, legal warranties and conditions (implied or statutory) do not apply to the services.
Our entire liability for one or more claims by you arising from or related to this agreement is limited to damages proven to result directly from the matter giving rise to the claim, up to a maximum amount equal to the service charges paid in the 12 months before the first event that resulted in a claim.
We will not be liable to you for any loss of profits, business, goodwill, reputation or data relating to this agreement, the services or any failure of or problem w ith the services. This limit applies even if we are aware that such losses are possible.
The limitations and exclusions in this section apply to all claims, in total, made against us and our affiliates, whether a claim is made in contract, tort (including negligence), statute or otherwise.
2. Service Period
We agree to provide you with each service for the service period listed in the table in the Services & Charges Summary section of this agreement. The service period begins once the service is installed at your first service location. If you are renew ing a service and the service is already installed when you sign this agreement the service period begins from signing.
The monthly charge listed in the Services & Charges Summary section of this agreement for a service at a service location will not change during the service period. After the service period ends, we will continue to provide the service from month to month for the monthly charges listed in the Services & Charges Summary section until:
- either you or us cancels or changes the service,
- w e change the charges by giving you notice at least one month in advance, or
- you sign a new agreement with us.
This agreement remains in effect for as long as we continue to provide any of the services to you. We may cancel a service at any time by giving advance notice to you if we are turning down the service for all of our customers.
If you are a small business under Broadcasting and Telecom Regulatory Policy CRTC 2014-576:
- you may cancel some or all of the services or this agreement by giving notice to us,
- cancellation of a service will be effective when we receive the notice or, if the service requires disconnection and porting to another service provider, on disconnection, and
- service cancellation charges may apply.
3. Charges and Payment
The charges for the services are called the “service charges”, and include all charges in the Services & Charges Summary section of this agreement together with any standard charges. Your service charges are comprised of one or more of the following:
|One Time Charge||This charge applies once for items such as construction, installation, overage or additional labour.|
|Monthly Fixed Charge||This charge applies each month and will not change during the service period.|
|Monthly Variable Charge||This charge applies each month but may change each month depending on quantity, your usage or other reasons.|
|Standard Charge||This charge applies to optional service features and is the same for all of our business customers using the same service feature. We may change a standard charge at any time. You may contact TELUS Customer Care for further information about our standard charges.|
Service charges also include any other applicable charges, including late payment charges, government charges that we are required to bill and collect by law and service cancellation charges.
We w ill bill you each month for the service charges and applicable taxes commencing on the start of the service period. You agree to pay all service charges and applicable taxes billed to you without any deductions or set-offs. You must pay all amounts billed to you by the due date show n on the bill otherwise you are required to pay late payment charges calculated at 2.0% per month (compounded to 26.82% per year). We may restrict, suspend or cancel any services if you fail to pay any amount due but only after giving you at least 10 days’ advance notice at your billing address. If we cancel a service because of your non-payment you must also pay the service cancellation charges.
You are responsible for use of the services by anyone through your devices or systems or by anyone that you allow to use the services. Anyone using a service must use it as required by this agreement. The services are designed for the business use of you and your employees and unless you have our advance written consent you must not resell the services or charge any fees, directly or indirectly, for using the service. Also, you must not:
(a) use the service in away designed to avoid payment of service charges,
(b) use the service in away that interferes with the use of our network by other persons,
(c) change or interfere with the services or the equipment we use to provide the services, or
(d) use the services unlaw fully.
In addition, in using the services you agree to comply, and to ensure your users comply, with our Acceptable Use Policy and IP address policy, published at www.telus.com/aup (“AUP”). We may change the AUP at any time and you agree that us publishing the amended AUP at the above location shall be sufficient notice of the changes to you.
We may immediately restrict, suspend or cancel a service where misused, w hich includes your failure to comply with this section. If we cancel a service you must also pay the service cancellation charges.
5. Readiness Requirements
In order for us to successfully install the services you must prepare each service location and take the other readiness steps described in this section. A delay by you in completing these readiness steps may delay the installation of the service.
Authorizations. For us to make arrangements with your previous service provider or other service providers we may require you toprovide us w ith signed authorizations or consents.
Access to Service Location. Where a service location is at your site you must provide us with safe and reasonable access to the service location so that we can install and maintain the service and any equipment, software and communications connections that we use to provide the service to you.
You are responsible for:
(a) meeting any requirements of the landlord, building owner or manager or any other person at the service location necessary for us to install and maintain the service,
(b) obtaining any rights or consents and paying any fees required by any of these persons relating to the installation or maintenance of the service, and
(c) arranging for conduit and power installation, design submissions and installation approvals.
Equipment and Network Provided by You. You are responsible for providing, installing and maintaining compatible equipment, cabling and connections that connect to the service connection or that you use with the service.
Equipment Provided by Us. We may need to install equipment at the service location. When the service location is at your site you are responsible to take reasonable care of this equipment.
At any time you may ask us to move a service, add a service to an existing service location or a new service location, remove a service or make other changes. To move a service you may be required to pay additional one-time and monthly service charges at the new service location. To add a service you will be required to pay additional one-time and monthly service charges. To make other changes you may be required to pay additional one-time or monthly service charges, or both.
To remove a service before the end of the service period, including in connection with moving a service, you will be required to pay service cancellation charges. Details of these service cancellation charges are set out in Part B of these Service Terms. You agree that the service cancellation charges are a genuine estimate of the damages that we may sustain because you cancelled the service before the end of the service period and are not a penalty.
You can request a change by contacting the telephone number on your bill. We w ill not make any changes or charge you additional service charges until you have agreed to the change in writing.
All information that we keep about you and your service, other than your name, address and listed telephone number, is confidential. Unless you provide your express consent or unless disclosure is required under the law , your information will not be disclosed by us to anyone other than:
- you or a person who, in the reasonable judgement of us, is seeking the information as your agent,
- another telecommunications company, but only if the information is used to establish or to efficiently provide telecommunications service, if the disclosure is made on a confidential basis, and if the information is used solely for that purpose,
- an affiliate involved in supplying you 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 used only for that purpose,
- a directory or listing service company for the purpose of listing your name, address and phone number if you consent and if that company agrees to use the information only for that purpose,
- an agent used by us to evaluate your credit or collect outstanding balances owed to us by you, if the agent requires the information and agrees to use the information only for that purpose,
- a public authority or its agent if we reasonably believe that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information, and
- a law enforcement agency if we reasonably believe that you or anyone using your device is engaged in fraudulent or unlawful activities against us.
By “express consent” w e mean:
- written consent
- oral confirmation verified by a person independent from us or you
- 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 us, or
- consent through other methods, as long as an objective documented record of your consent is created by you or by a person independent from us or you.
By signing this agreement you are giving us your written consent that we may also disclose information about you or your service to:
- our service providers and our affiliates’ service providers if the information is required to provide the service to you and disclosure is made on a confidential basis w ith the information used only for that purpose, and
- our affiliates and their credit agencies to evaluate your credit or collect outstanding balances ow ed to us or an affiliate.
8. Additional Terms
Assignment of Agreement. You must not assign this agreement without our prior written consent, including any assignment as part of the sale of your business.
Notices. If you are required to give a notice to us under this agreement you must give the notice by telephone to the number shown on your bill. If we are required to give a notice to you under this agreement we must give the notice to you in writing to your billing address.
Affiliates. For the purposes of this agreement a TELUS affiliate is an entity that controls us, that is controlled by us or that is controlled by the same parent entity as TELUS. “Control” means majority ownership of the equity or beneficial interest in an entity or the right to vote for or appoint the majority of an entity’s governing body, such as a board of directors.
Claims. Any claim that you have against us, or that we have against you, relating to the services or this agreement must be referred to private and confidential mediation and, if the claim is not resolved, arbitration. You also waive any right to start or participate in any class action against us relating to the services or this agreement. Mediation and arbitration, if necessary, will take place before a single mediator and a single arbitrator under the rules of the ADR Institute of Canada. This paragraph does not apply to collection of any amounts that you may owe to us or to your rights to make a complaint to any administrative authority that has jurisdiction over us or the services.
Confidential Agreement. This agreement is confidential. You must not disclose any part of this agreement except with the prior written consent of us or when required by law or any order of a court or other lawful authority.
Counterparts. This agreement may be executed in any number of counterparts w hich may be exchanged by electronic signature, each of which shall be deemed an original and all of w hich together shall constitute one and the same agreement.
Force Majeure. We are not responsible for the performance of, and will not be 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 distur bances, law , order of a court of other lawful authority, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters or other catastrophes or events beyond our reasonable control.
B. Service Specific Terms – TELUS Secure Business
|Description||TELUS Secure Business is a professionally installed and managed intrusion monitoring service with optional video, automation and guard response (where available).|
TELUS Secure Business is available in the follow ing four service packages:
|Service Availability||Service availability is based on our cellular coverage and provincial and municipal licensing. Not all service location qualify for TELUS Secure Business, with final determination to be made by us during the time of install. Should a service location not qualify for TELUS Secure Business or if w e determine that delivering the service to the requested service location is not commercially reasonable due to infrastructure costs, we will notify you and your service will be cancelled without any service cancellation charges.|
|Service Infrastructure||In order to install the equipment required for the service w e may need to drill holes, drive screws, make attachments, run wires and undertake other installation activities that impact your premises. You agree that we are not required to return your premises to its preinstallation condition or repair incidental damage caused by the installation or removal of the equipment.|
|Cancelling Prior to Commencement||If you cancel your request for the service after we have started installation work, but before ecommence providing service you will be charged a service request cancellation fee. This fee covers costs associated with the work we undertook prior to cancellation, including equipment, labour and design related costs.|
|Disconnecting Existing Service||If you are currently subscribing for a security service from another provider at your premises you are responsible for cancelling the service and returning any non-owned equipment.|
If our monitoring station receives an alarm from your premises we will notify applicable emergency responders subject to any requirements or limitations communicated by you or your emergency contact. We may be subject to applicable laws and industry standards or procedures aimed at reducing false alarms through the validation of alarm incidents. Our compliance with these laws, standards or procedures may result in a delay in notifying emergency responders.
You are responsible for ensuring that the contact information you provide for yourself and your emergency contacts is up to date. You authorize any of your emergency contacts to give us instructions on your behalf. We may rely on those instructions, which may include nstructions to cancel an alarm or refrain from notifying emergency responders.
If you have subscribed for a service package that includes a video or still image camera, any video clips and still images created by the camera together with any recorded audio clips will be stored on servers maintained by us or our suppliers. You will have access to the clips and images for the time period designated by us. After such time we may permanently delete the clips and images. Your total available recording capacity for clips and images is limited to the amount of storage included as part of your service package or otherwise purchased by you as an add-on. You will be able to view clips and images from your computer or personal device via the Internet. Computers, devices and Internet connectivity are not provided by TELUS as part of the service.
You are responsible for determining video camera placement at your premises and insuring there is adequate lighting to allow the camera to capture images effectively. You agree to use the camera and associated video and still photo imaging features incompliance with applicable laws, including privacy laws, and not for any unlawful purpose. We may disconnect or deactivate your camera if you fail to do so.
|Use of Content||
You consent to us and our suppliers monitoring your premises as part of your TELUS Secure Business Service and making audio, and where you have subscribed for a service package that includes a video or still image camera, still-image and video, recordings of your premises and persons present on your premises (collectively “Content”) and storing and copying Content on our and their systems.
Recognizing the importance of your privacy, we will not: (a) activate any audio communication link with your premises unless our monitoring station has received an alarm from your premises, and (b) without your authorization, access or disclose any Content other than as required to deliver the service or as required by applicable law or pursuant to a court order or governmental request.
|Arming, Testing & Maintenance||
You are responsible for arming your alarm system and regularly testing the system in the manner and frequency set out in the product documentation or as may be recommended by us. If you receive an error message on your alarm panel you agree to promptly correct the cause of the error or where you are not able to do so, notify us of the error. The self-testing programs of alarm systems are not designed to identify or correctly diagnose all possible system malfunctions and you must notify us promptly if you become aware of a system malfunction.
Some or all of the equipment we provide may be battery powered and will not operate if the batteries are low or discharged. You are responsible for regularly testing the batteries in the equipment in accordance with the product documentation and replacing them whenever they are low or discharged, and in any event not less than once per year. At your request, we may, in our discretion and at your expense, provide you with replacement batteries and battery installation services.
You are responsible for updating any application for your personal device made available by us in connection with the service in a timely manner following the release of the update.
You may order additional security, automation and video add-on equipment for the service at any time in accordance with the General Terms. The pricing of add-on equipment will be our current on-line pricing at the time of ordering.
|Ownership of Equipment||
The equipment which we provide to you as part of your service package is listed in Your Services and Summary Charges. Unless you have elected to pay for this equipment at the time of installation it will remain our property and must be returned upon service cancellation or expiry within thirty days or you will be charged for the equipment at TELUS’ then current rates. You are responsible for loss of or damage to such equipment other than damage caused by ordinary wear and tear or caused by us, including payment of applicable replacement charges where we determine it is not commercially reasonable to repair the equipment.
Where you have elected to prepay for the equipment provided to you as part of your service package or have ordered and paid for add-on equipment you own that equipment.
Once a piece of equipment has been installed at your premises you may not relocate that equipment to another premises without our prior approval.
For the period from the date of installation until the expiry or earlier termination of your TELUS Secure Business Service (the “Warranty Period”), we warrant that if any part of the equipment provided by us (excluding batteries) does not w ork because of a defect in materials or workmanship we will repair or replace that part at no charge to you. We may use reconditioned parts in making repairs. This warranty will only extend to the replacement parts.
You must notify us within the Warranty Period in order for your claim to be covered. This warranty is a limited warranty and does not cover: (a) damage to, or destruction of, equipment resulting from: (i) repair by unauthorized persons, (ii) your failure to follow the operating instructions provided in the product documentation or communicated by us, (iii) relocation, removal or alteration of the equipment by anyone other than us or our suppliers, (iv) power interruption or defective batteries, (v) alteration of the premises by anyone other than us or our suppliers, (vi) a break-in or other occurrence that the equipment is designed to detect or avert, (vii) misuse or tampering, or (viii) weather conditions, environmental conditions, natural disasters or acts of God; (b) problems with the Internet or communication lines or equipment; and (c) any other condition not caused by a defect in materials or workmanship. We are providing this warranty for your benefit only and it is not assignable by you to any other person.
We will charge you for repair work or equipment replacement undertaken by us that is not covered by the limited warranty above at our then current labor rates and materials charges. We may at our option perform repairs at your premises or we may require you to return the equipment to us for repair. We will cover the cost of return shipping provided you ship the equipment to us by a method approved by us. You are responsible for uninstalling the equipment at your premises. We will perform repairs during regular TELUS business hours.
|Compliance With Laws||
You agree to comply with all applicable laws and bylaws governing your use of the service and related equipment, including any: (i) permitting or notice requirement, (ii) requirement to post signage at your premises notifying third parties of your use of monitoring or recording equipment, and (iii) requirement to obtain consent from a person whose image or voice may be captured in connection with monitoring or recording activities at your premises. Upon request you agree to provide us with any information that we reasonably require to verify your compliance with this section.
The equipment, software and documentation provided for your TELUS Secure Business Service is protected by intellectual property laws and remain the sole property of TELUS and its suppliers. You agree not copy, modify, sell, assign, sublicense or otherwise transfer any right or interest in such software, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of such software, remove any proprietary notices or labels or allow any other person or entity to engage in any of these activities.
You are responsible for any false alarm fine or charge issued to or levied against you by a governmental or other applicable body. Should a fine or charge be issued to or levied against us as a result of a false alarm at your premises you agree to pay us the amount of the fine or charge. In such an event we will invoice you the amount as part of your service fees.
Alarm and business premises monitoring systems are subject to technological limitations, design and manufacturing defects, tampering, malfunction and human error. The service and related equipment may not function properly or at all as a result of equipment failure, power outage, service transmission system interruption or failure, damage to or destruction of equipment, relocation of the equipment or other causes. You acknowledge that we are making no assurances that the service and related equipment we are providing will deter, detect or prevent unauthorized intrusion or an emergency condition such as fire, smoke, carbon monoxide, medical emergency or water damage, or will allow us to communicate with you during an emergency.
If your service package includes: (a) a video or still image camera, you acknowledge that we are making no assurances as to the availability or quality of images produced by the camera as camera performance and image quality may be adversely impacted by lighting conditions, Internet and wireless communication facilities and transmission quality , electrical interference, weather and other conditions beyond our control; (b) an image sensor device that is also being used as a motion sensor, you acknowledge that we are making no assurances the motion sensor will operate as designed as the motion sensor may be affected by certain conditions not attributable to us which may cause the device to malfunction or provide false readings; and (c) automation devices such as thermostats, lighting controls and door locks you acknowledge that we are making no assurances that:(i) such devices will work with other parts of the service or equipment provided by us, and (ii) you will be able to control the devices using the service or equipment provided by us.
|Emergency Responder Limitations||
You acknowledge that we are making no assurances that an emergency responder, whether privately retained by TELUS or available as a public service, will: (a) respond promptly or at all to a particular incident, or (b) in responding to a particular incident be able to prevent or reduce injury, loss or damage.
All disclaimers and limitations of liability in this agreement shall extend to our suppliers and any subcontractors engaged by us to perform any part of the service as if they had contracted directly with you for the performance of their services.
When your TELUS Secure Business Service is cancelled, TELUS will charge you the total fixed monthly charges remaining on your service period for TELUS Secure Business.
TELUS will waive the service cancellation charge if you replace the cancelled service with another TELUS service with total service charges greater than the total service charges remaining in the service period for TELUS Secure Business after cancellation.