Internet GlobeTrotter - Break away
Products and Services Information Centre For Our Subscribers Technical Support
Subscription Print Send Help
 Products and Services > High Speed Service > Agreement
   Home

Search
 
Products and Services
High Speed Service
 
Territory    
 
 
FAQ    
 
Rates    
 
Agreement    
 
Security    
Regular Internet
Internet Tools
Authorized Dealers


   
Related Links
TELUS

TELUS Québec

TELUS Mobility

 
 

Agreement

Please read these special terms and conditions of Internet service carefully before using the Internet access service (hereinafter "GlobeTrotter High Speed™ Service") from TELUS Solutions (Québec) Inc. (hereinafter"TELUS"). These special terms and conditions of Internet service set forth the terms for receiving TELUS service, particularly GlobeTrotter High Speed™ Service. By accessing the Internet with GlobeTrotter High Speed™ Service from TELUS, you agree to the following terms and cond

1.  Purpose

1.1 At the Customer’s request, TELUS agrees to supply GlobeTrotter High Speed™ Service, provided there are no technical difficulties. Moreover, the Customer may rent or buy a high speed modem (hereinafter "equipment") allowing such Internet access according to the terms and conditions set forth herein and as per the option chosen by the Customer in accordance with sections 5 and 6 of the special terms and conditions of Internet service agreement. The Customer acknowledges that TELUS has provided a sufficient written description of GlobeTrotter High Speed™ Service. Unless the Customer otherwise advises TELUS immediately after delivery, the equipment shall be considered as having been received in good working order.

2. Amendments

TELUS reserves the right to modify the special terms and conditions of Internet service at any time. However, TELUS will make every reasonable effort to publish said amendments regularly on the subscriber website at http://www.globetrotter.net/gt/modalites, as modified, (“TELUS’s GlobeTrotter Internet Services Website”) before said amendments come into force. It is your responsibility to consult TELUS’s GlobeTrotter Internet Services Website regularly to stay up-to-date on said amendments. If any amendment whatsoever is unacceptable, you may cancel your TELUS Globetrotter Internet Service account. If you do not cancel your account before the amendment comes into force, you will be considered to have accepted said amendment.

Top

3. Description of GlobeTrotter™ High Speed Internet Service

    3.1 GlobeTrotter High Speed™ Service from TELUS consists of providing the Customer a high speed Internet connection to its network, including e-mail service or other services described in the access plans in effect upon the Customer’s subscription. GlobeTrotter High Speed™ Service may also include other optional services at an additional cost to the Customer. GlobeTrotter High Speed™ Service is offered only where technology permits, using a high speed telephone modem (equipment).

4. License

4.1 TELUS grants the Customer a nonexclusive, nontransferable license for the use of the software necessary to install GlobeTrotter High Speed™ Service on one computer station only or on any number of computer stations as agreed in writing with TELUS.

Top

5. Software installation

5.1 The Customer is responsible for installing the software necessary to receive GlobeTrotter High Speed™ Service. The Customer is also responsible for configuring the telephone communication software in order to avoid any long distance
charges that may result from improper setup.

Top

6. Equipment

6.1 The Customer undertakes to use the rented equipment, as the case may be, with caution and diligence, to maintain
it in good working order, to use it only for the purposes for which it is intended, and not to modify or alter it in any way.
Without limiting the generality of the foregoing, the Customer must not modify or alter the equipment or connect it in any
way to any equipment other than one (1) personal computer (standalone workstation) only or any other number as agreed
in writing with TELUS that are located or liable to be located on the premises where the equipment is installed. Under no
circumstances shall the equipment be installed anywhere other than at the address provided to TELUS, unless previously
agreed to in writing with TELUS. In the event the rental equipment is defective, only TELUS and its representatives are authorized to perform repairs.

6.2 The Customer undertakes to insure the rental equipment against any theft, loss, damage, or tampering it may sustain
for the contract’s duration. If the rental equipment is stolen, lost, damaged, or tampered with, the Customer undertakes
to repay TELUS the replacement value of the equipment or all repair costs deemed necessary by TELUS to restore the
rental equipment to its original working order. For the purpose of these special terms and conditions of Internet service,
the parties agree to base the replacement value of the rental equipment on the retail price of similar equipment sold by TELUS.

Top

7. Service usage limits

7.1 The equipment shall be rented or sold to the Customer and GlobeTrotter High Speed™ Service shall be provided to the Customer strictly for personal purposes. The Customer shall not be entitled to transfer rights nor rent, transfer, or lend the equipment or GlobeTrotter High Speed™ Service, nor obtain financial gain or profit from the service provided or from the rented or loaned equipment, nor reproduce any part of the services, nor allow others access to them unless, in all cases, TELUS has provided its prior written consent.

7.2 Prohibited servers. The Customer agrees not to use the access services to transmit data from any type of server
(e.g., FTP, Web, e-mail, or others) to the Internet unless TELUS has given prior consent to provide such services for a fee.

7.3 Maximum use. The Customer agrees that the "unlimited" use of GlobeTrotter High Speed™ Service refers only to time
and is based on intermittent use. Notwithstanding any provision to the contrary, TELUS reserves the right to impose certain reasonable terms and limits on the Customer's use of GlobeTrotter High Speed™ Service, i.e., a total of fifteen (15) GB a month combined upload and download. Any breach of this provision constitutes default and may result in additional charges that will be conveyed to the Customer.

7.4 Simultaneous connections. The Customer is responsible for gaining access with a username and password and
protecting the confidentiality of this information. Any simultaneous connections using the same username and password are prohibited. Any breach of this provision constitutes a default and shall result in additional charges that will be conveyed to the Customer upon request.


8. Connection and installation

8.1 Depending on the connection and installation plan selected by the Customer, TELUS may, through its authorized
distributors (computer retailers), fully install GlobeTrotter High Speed™ Service for the Customer. TELUS thus guarantees the
Customer proper installation of the equipment and accessories (cables and filters) for the proper operation of GlobeTrotter
High Speed™ Service. However, considering the great variety of computer systems in use, TELUS cannot be held liable for the
proper working order of the Customer’s computer(s), particularly the Ethernet card required for the operation of GlobeTrotter
High Speed™ Service.

Top

9. Declarations, warranties, and liabilities

9.1 GlobeTrotter High Speed™ services, products, and equipment are not immune to failure. They are neither designed nor manufactured for resale or use under hazardous conditions requiring integrated safety controls. The Customer shall not
use or knowingly distribute or resell GlobeTrotter High Speed™ products or services for high risk activities.


9.2 The Customer alone is responsible for taking all reasonable steps to protect network access or data, particularly as
regards MATERIAL LOSS RESULTING FROM SOFTWARE CONFIGURATION MODIFICATIONS; COMPUTER VIRUSES; THE CONTENT, USE, VALIDITY, OR QUALITY OF SERVICES PROVIDED OVER THE INTERNET; DATA LOSS OR DESTRUCTION THROUGH INTRUSION OR OTHER MEANS; AND THE UNAUTHORIZED INTERCEPTION OF COMMUNICATIONS.


9.3 The Customer is responsible for complying with all applicable Canadian laws when surfing the Internet. The Customer
expressly recognizes that TELUS’s responsibility is limited to providing access. If required, the Customer must obtain a
connection to the Internet. Moreover, the Customer must provide a computer system that meets the minimum requirements
for using GlobeTrotter High Speed™ Service, as well as any other required equipment not provided by TELUS.

9.4 TELUS cannot be held liable by the Customer or a third party for losses, damage, or expenses of any nature whatsoever
caused directly or indirectly by any rented or purchased equipment or by any service provided by TELUS under the terms
of this agreement, whatever the cause, be it related to maintenance or equipment failure, repair, overhaul, or adjustment
or any delay, interruption in service, or loss of use or any loss of business or any direct or indirect damage, whatever the
nature or cause. No declaration or warranty relative to the equipment or any other matter made by the manufacturer or
a third party shall bind TELUS, and any violation of such representation or warranty shall in no way release the Customer
from liability with respect to TELUS. TELUS agrees to transfer to the Customer, for the sole purpose of addressing such
a claim, any rights it may hold with respect to the manufacturer in the event of violation of a warranty or declaration
concerning the equipment.

9.5 TELUS does not guarantee the uninterrupted operation of the equipment or of GlobeTrotter High Speed™ Service and
cannot be held liable by the Customer or any user or other party whatsoever for damage resulting from errors, omissions,
interruptions, delays, transmission errors, transmission failures, equipment breakdown or breakage, or any other cause,
including transmission failure caused by natural disaster, fire, explosion, war, riot, strike, lockout, picketing, boycott,
government action, or any other cause beyond its control. At the Customer’s request, TELUS shall credit the latter in the
form of a markdown proportional to the fixed monthly charge billed to the Customer. This proportional markdown is
calculated by dividing the length of the service interruption (calculated in twenty-four [24] hour days as of the time the
interruption is reported to TELUS) by a normal month of thirty (30) days and multiplying the quotient by the amount of the
fixed monthly access charge for each access number suffering an interruption. Any period of under twenty-four (24) hours
shall not be credited, and any additional period of twelve (12) hours or more shall be considered as one (1) additional day.
In no case shall the amount credited exceed the amount of the monthly access charge.

9.6 No credit shall be granted for interruptions attributable to negligence or the fault of the Customer, users, or third parties
or for interruptions caused by the breakage of equipment not supplied by an authorized representative.

9.7 TELUS’s liability with respect to the Customer in any claim for damages must not exceed the total amount that the
Customer has paid TELUS for GlobeTrotter High Speed™ Service for the period during which the events giving rise to the
claim occurred. In no case can TELUS be held liable for indirect or consequential damages, particularly damages resulting
from loss of use, loss of operation, loss of income or profit, or damages to a third party.

9.8 Considering the many types of telephone devices on the market, TELUS cannot be held liable if the filters supplied do not
totally eliminate noise on certain devices.

10. Alarm systems

10.1 Both parties understand that if the Customer owns an alarm system, such system may undergo interference or
interruption due to the installation and operation of GlobeTrotter High Speed™ Service. Should this occur, the Customer shall release TELUS from all liability for damages resulting from any alarm system interference or interruption.

Top

11. Default

    11.1 The occurrence of any of the following constitutes default:

    I) The Customer fails to pay the amounts billed for the services provided by TELUS after the latter has demanded payment, whether or not such amounts have been billed.

    II) The Customer fails to fulfill or honor an obligation under the special terms and conditions of Internet service that
    the Customer undertook to fulfill or honor under the terms herein.

    III) The Customer uses the service in such a way as to harm the services provided by TELUS to other Customers in any way whatsoever; or, according to TELUS, the equipment is at risk of being confiscated or seized in whole or in part.

    IV) Legal proceedings for insolvency, bankruptcy, or liquidation are brought against the Customer or the latter is declared insolvent.

    V) The Customer’s possessions are assigned to creditors or any other party under the Bankruptcy and Insolvency
    Act, or the Customer’s remaining assets are sold.
    VI Any other cause deemed serious by TELUS.

    11.2 In the event of purported default, TELUS may, at its sole discretion and without further notice, terminate the contract or
    suspend service to the Customer and immediately bill the latter for all unpaid charges incurred upon subscription expiration
    or suspension of service. In such cases, TELUS assumes no liability whatsoever. The Customer remains liable for all costs and
    expenses incurred by TELUS following failure by the Customer to comply with this agreement, as well as costs and expenses,
    including but not limited to legal or extrajudicial fees paid by TELUS or any other party appointed by the latter.

12. Billing

12.1 GlobeTrotter High Speed™ Service access and rental fees are payable in advance on a monthly basis. Fees for additional use, as warranted, will be billed and payable the following month. Subject to credit approval by TELUS, all charges mentioned are payable on the due date indicated on the bill on which they appear.

Top

13. Late payment charges and interest

13.1 Said charges are payable by the invoice due date. If TELUS has not received payment by this date, the Customer shall
pay interest on any unpaid amount at a rate of $1 per month late + 1% per month (12.86% per year) or the maximum allowed
by law, whichever is lower. If a preauthorized debit from a bank (or other financial institution) (“bank account debit”) cannot be
processed by TELUS, TELUS reserves the right to charge a $15 (plus applicable taxes) return of payment fee..

14. Start of service

14.1 These special terms and conditions of Internet service become effective on the date the contract comes into force,
which will appear on the first bill following the date the equipment and services are ordered, but billing will begin on the date when access service starts, i.e., when the Customer’s physical access, modem installation, and Internet connection
have been completed.

Top

15. Term

15.1 Subscriptions to High Speed Internet service without a service contract are on a monthly basis.

15.2 Customers with a service contract remain bound for the duration of said contract.

Top

16. Termination

16.1 If the Customer cancels the service prior to expiration of the initial period or any renewal, the Customer must pay
the penalty set forth in the Internet service contract.

16.2 TELUS reserves the right to terminate the High Speed Internet service in the event of network abuse or violation of the usage policies or in the event of illegal activities that might adversely affect TELUS or its clientele.

16.3 Upon termination of the High Speed Internet service, the Customer shall immediately return all equipment belonging
to TELUS. The Customer shall also pay any amounts due to TELUS.

16.4 The High Speed Internet service shall terminate automatically upon receipt of a notice of insolvency or bankruptcy sent by the Customer or if the Customer invokes a law protecting insolvent debtors, undertakes voluntary liquidation, makes a blanket assignment of assets to creditors following a court order, declares insolvency in any other way, ceases activities in the ordinary course of business, or is subject to voluntary or forced liquidation.

16.5 IP numbers registered and delivered by TELUS remain the property of TELUS, and their use by the Customer is
authorized solely for the duration of this contract. Any right to use an IP number from TELUS expires at the termination
of the High Speed Internet service.

17. Access to premises

17.1 The Customer shall allow TELUS access to the premises where installation was performed and/or the equipment
was delivered, at any reasonable time and for any purpose under these special terms and conditions of Internet service,
particularly to check installation or equipment condition and use.

Top

18. Notice

18.1 Any notice required or allowed under this agreement shall be delivered in person, by registered mail, or by e-mail to
the party concerned. Such notices shall be presumed as having been given on the delivery date if delivered in person, the
third business day following the date of mailing, or the same day if sent by e-mail between 12:00 AM and 5:00 PM.

19. Governing law

19.1 The special terms and conditions of Internet service shall be interpreted and governed in accordance with the laws
in force in the Province of Quebec. In the event that any stipulation contained in these special terms and conditions of
Internet service are illegal or unenforceable under the laws in force in said province, said stipulation shall be considered
as subject to dismissal, and the special terms and conditions of Internet service shall remain in force and bind the parties
in the same manner as if said stipulation had never been included.

Top

20. Personal information

20.1 The Customer certifies that the personal information he or she provided to TELUS is accurate and acknowledges having
been informed, when such information was provided, (i) that it would be used to constitute a customer subscription or rental
file (credit, billing, collection); (ii) that the information in the customer file would be made available to TELUS employees
or representatives on a need-to-know basis in the performance of their duties; and (iii) that the customer file would be
kept by the TELUS Customer Service Department at the address indicated on the Customer’s bill, which is the address to
which the Customer should forward in writing any request for access or correction.

20.2 The Customer shall inform TELUS immediately of any change in the information provided.

20.3 The Customer authorizes TELUS to conduct all the usual investigations with third parties regarding the Customer’s
credit history in order to obtain this information, record it in the customer file, and disclose it as necessary.

20.4 The Customer authorizes TELUS to include the name, address, and telephone number(s) from the customer file on its
customer name list for commercial or philanthropic canvassing. The Customer has the right to withdraw this authorization
at any time by phone (310-1212) or written request to TELUS.

Top



TELUS Québec
     

Site Map | To Contact Us | Legal NoticeAcceptable Use Policy

The future is friendly