General Terms
The terms in this section, called the “general terms”, apply to all services in the agreement.
1. Service Period
TS Telecom agrees to provide you with each service for the service period listed in the Your Service Summary table. The service period begins when the service is installed. If you are renewing 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 Service Charges section for a service at a service location will not change during the service period. After the service period ends, TS Telecom will continue to provide the service from month to month for the
monthly charges listed in the Service Charges section until:
- either you or TS Telecom cancels or changes a service,
- TS Telecom changes the charges by giving you notice at least one month in advance or
- you sign a new agreement with TS Telecom.
This agreement remains in effect for as long as TS Telecom continues to provide any of the services to you. TS Telecom may cancel a service at any time by giving advance notice to you if TS Telecom is turningdown the service for all of its 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 TELUS,
- cancellation of a service will be effective when TELUS receives the notice or, if the service requires disconnection and
porting to another service provider, on disconnection and
- service cancellation charges may apply.
2. Readiness Requirements
For TS Telecom to successfully install the services, we require you to prepare each service location or take other steps.
Authorizations In order for TS Telecom to provide the service and make arrangements with your previous service provider or
other service providers, you may be required to provide us with signed authorizations or consents.
Access to Service Location Where a service location is at your site, you must give TS Telecom 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 requirements of the landlord, building owner or manager, or any other person at the service location, necessary for TS Telecom 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 installation, power installation, design submissions, and installation approvals
Equipment and Network You are responsible for providing, installing, and maintaining compatible equipment, cabling and connections that connects to the service connection or that you use with the service.
TS Telecom Equipment In order for TS Telecom to provide the service to you, 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.
3. Charges and Payment
The charges for the services are called the “service charges”, and include all charges in the Service Charges section and any standard charges. The service charges for a service include 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 TS Telecom business customers using the same service feature. We may change a standard charge at any time. You may contact TS Telecom for further information about TS Telecom standard charges.
This agreement may also require you to pay other charges, including late payment charges, government charges that we are required to bill and collect by law, and service cancellation charges.
TS Telecom will bill you each month for the service charges, any other charges, and applicable taxes, beginning when services are installed. You agree to pay all service charges, other 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 shown on the bill, otherwise you will also pay late payment charges, calculated at 2.0% per month (compounded to 26.82% per year). TS Telecom may restrict, suspend, or cancel any services if you fail to pay any amounts due, but only after giving you at least 10 days’ advance notice at your billing address. If TS Telecom cancels a service because of your non-payment, you must also pay the service cancellation charges.
4. Changes
At any time, you may ask TS Telecom to move some or all of your services, add a service to an existing service location or a new service location, to remove some or all of your services, or to 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, and you may be required to pay service cancellation charges at the original 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, you may be required to pay service cancellation charges. Details of these service cancellation charges are in the 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 changes by contacting the telephone number on your TS Telecom bill. Any changes and additional service charges must be agreed to by you in writing before TS Telecom makes the change.
5. Use
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 change any fees, directly or indirectly, for using the service. You must not
(a) use the service in a way designed to avoid payment of any charges,
(b) use the service in a way 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 unlawfully.
TS Telecom may immediately restrict, suspend, or cancel any misused service. If TS Telecom cancels a service because of your misuse, you must also pay the service cancellation charges.
6. Confidentiality
All information that TS Telecom keeps 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 must not be disclosed by TELUS to anyone, other than:
- you or a person who, in the reasonable judgement of TELUS, 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 TS Telecom to evaluate your credit or collect outstanding balances owed to TS Telecom 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 TELUS reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information
- a law enforcement agency if TS Telecom reasonably believes that you or anyone using your device is engaged in fraudulent or unlawful activities against TS Telecom.
By “express consent” we mean:
- written consent
- oral confirmation verified by a person independent from TELUS 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 TELUS, 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 TELUS or you.
Consent 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 with the information used only for that purpose
- our affiliates and their credit agencies to evaluate your credit or collect outstanding balances owed to TELUS or an affiliate
7. Limit on TS Telecom's Liability
The service performance commitment that applies to a service, if any, is your only remedy for any problem with a service. TS Telecom does 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.
TS Telecom 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.
TS Telecom 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 with the services. This limit applies even if TS Telecom is aware that such losses are
possible.
This subsection 7 applies to all claims, in total, made against TS Telecom and its affiliates, whether a claim is made in contract, tort (including negligence), statute, or otherwise.
8. Additional Terms
Assignment of Agreement You must not assign this agreement without our advance written consent, including any assignment as part of the sale of your business.
Notices If you are required to give a notice to TS Telecom under this agreement, your notice must be given by telephone to the TS Telecom number shown on your TS Telecom bill. If we are required to give a notice to you under this agreement, the notice must
be given to you in writing at your billing address.
Affiliates A TS Telecom affiliate is an entity that controls us, that is controlled by us, or that is controlled by the same parent entity as TS Telecom. “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 TS Telecom or to your rights to make a complaint to any administrative authority that has jurisdiction over TELUS or the services.
Confidential Agreement This agreement is confidential. You must not disclose any part of this agreement except with the advance written consent of TS Telecom 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, which may be exchanged by facsimile or email (with scanned signature in PDF format), each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
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 of other lawful authority, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters, or other catastrophes or events beyond TELUS’ reasonable control.