Long distance terms of service
- Parties and Subject Matter
This Agreement is between TELUS Communications Inc. ("TELUS") and the person whose name appears on a TELUS bill ("Customer") and applies to the Customer’s use of TELUS’ long distance services ("Services") on a month-to-month basis. "This Agreement" means these long distance terms, any terms stated on the Customer’s bill, and the prices, discount rates and other terms applicable to the Services of which TELUS notifies the Customer. In cases where the Customer signs a contract for Services with TELUS, this Agreement does not apply to the Services provided pursuant to that contract, unless the signed contract specifically states that this Agreement becomes part of it.
- Responsibility for all Charges
The Customer shall pay the charges for use of Services billed to the Customer’s account, regardless of who used the Services, the location of the person whose use of the Services resulted in such charges, or the method used to access the Services, and for all goods and services, sales and other taxes applicable to the use of the Services.
- Date of Payment
Subject to Section 4, all charges relating to the Services are due and payable on the due date stated on the Customer’s bill. The Customer shall pay late payment charges on overdue charges at the rate equal to the Bank of Montreal’s (or its successor’s) prime interest rate plus seven (7%) percent per annum, converted to a monthly compound rate and rounded up to the nearest quarter percentage point.
- Immediate Payment
TELUS may demand that the Customer pay any charges immediately, provided that TELUS considers there to be a substantial likelihood of loss. Upon demand, such charges shall become due and payable. The Customer shall pay late payment charges at the rate specified in Section 3 on such charges that are not immediately paid.
- Disputed Charges
If the Customer disputes any charges, the Customer must still pay all undisputed charges. Failure by the Customer to bring bill disputes to TELUS’ attention within thirty (30) days of the date of the Customer’s bill shall be deemed to be acceptance by the Customer of the accuracy of the bill.
- Insufficient Funds
If a Customer’s account is paid by cheque or pre-authorized debit and the cheque or pre-authorized debit is returned to TELUS without payment, the Customer shall pay an administration charge for each returned item.
TELUS reserves the right to require a deposit from the Customer. Deposits earn interest during the six (6) month period following January 1 and July 1 each year at the rate established by the Bank of Montreal, or its successor, on those dates for daily interest savings accounts. TELUS may apply any portion of the deposit and accrued interest against any of the Customer’s unpaid charges and will return the unused balance of the deposit, with accrued interest, to the Customer.
- Suspension or Termination
TELUS may, in its sole discretion, immediately suspend or terminate Customer’s use of Services if:
- the Customer is in default of any material term of this Agreement, including the obligation to pay charges;
- the Customer is in default of any other term of this Agreement, and such default continues for a period of fifteen (15) days after written notice to Customer; or
- the Customer becomes bankrupt or insolvent or, if the Customer is a company, it has a receiver or receiver-manager appointed to govern its affairs.
- Customer Equipment
The Customer is responsible for disruptions and damage caused by equipment, software and services not provided by TELUS ("Non TELUS Products") to:
TELUS does not guarantee that its equipment or network is or will remain compatible with any Non-TELUS Products. TELUS is not liable for any changes in TELUS’ equipment. network or Services, which cause Non-TELUS Products to become obsolete or to require modification or alteration, or which affect the performance of Non-TELUS Products.
- TELUS’ network and equipment; and
- Services provided by TELUS to the Customer and to other persons.
- Limitation of Liability
Circumstances may arise where the Customer is entitled to recover damages from TELUS. In each such instance, TELUS’ liability for damages shall not exceed the amount of the charges paid by the Customer for Services during the period these damages were incurred, such period limited to the month the claim arose and the two (2) preceding months. Under no circumstances is TELUS liable for indirect, special or consequential damages including, but not limited to, damages arising out of loss of data, loss of income, loss of profit or failure to realize expected savings, even if TELUS had been advised of, had knowledge of, or reasonably could have foreseen, the possibility of such damages. This “Limitation of Liability” section applies regardless of the basis on which the Customer is entitled to claim damages from TELUS, including but not limited to:
- breach of contract even if a fundamental breach; or
- tort, including negligence and misrepresentation.
- Causes beyond TELUS’ Control
TELUS will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including disruption to the Services caused by TELUS network failures or the failure of the networks of other companies to which TELUS’ network is interconnected.
Pricing and discount rates are subject to change without notice to the Customer. TELUS may, from time to time, amend any other term of this Agreement if TELUS gives the Customer at least seven (7) days written notice. Where TELUS is required to give notice to the Customer, a notice included with the Customer’s bill constitutes sufficient notice to the Customer, and the Customer’s continued use of the Services will be deemed to be acceptance of TELUS’ amendments. Notices contained in the Customer’s bill will be deemed to have been received three (3) business days after the date of mailing.
- Compliance with Law
The Customer shall not use the Service in violation of applicable law.
Unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by TELUS regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than: the Customer; a person who, in the reasonable judgement of TELUS is seeking the information as an agent of the Customer; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone 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; an agent retained by TELUS 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; or to a public authority or agent of a public authority, if in the reasonable judgement of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. 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, or electronic confirmation via the Internet.
- General Provisions
Any provision of this Agreement that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement. No failure by TELUS to exercise any right under this Agreement or to insist upon full compliance by the Customer with its obligations under this Agreement will constitute a waiver of any provision of this Agreement. TELUS may assign this Agreement in whole or in part without consent of the Customer.