The OV – Service Order Request Terms (“OV Service Order Request Terms”) and OV – User Terms (“OV User Terms”), specified below, apply to all Service Order Requests (defined below) submitted and approved under the TELUS Communications Company (“TELUS”) OV – Service Order Request tool (“OV”).
OV is a web tool that enables you, as a TELUS customer (“Customer”), to purchase certain pre-approved services from TELUS under an applicable telecommunication service agreement and service schedule (collectively, the “Services Agreement”) between you and TELUS by submitting or delivering a completed electronic Service Order request (“Service Order Request”) to TELUS for approval in accordance with the OV Service Order Request Terms.
By accessing and using OV, you agree to be bound by the following OV Service Order Request Terms and OV User Terms. OV is operated by TELUS. OV is the property of TELUS and its licensors. If you do not agree to the OV Service Order Request Terms or OV User Terms, you may not use OV. You will not use OV for any purpose that is unlawful or prohibited under the OV Service Order Request Terms or OV User Terms. TELUS reserves the right, at its sole discretion to change, add or remove portions of the OV Service Order Request Terms or OV User Terms, at any time. It is your responsibility to check the OV Service Order Request Terms and OV User Terms for changes. Your continued use of OV following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with the OV Service Order Request Terms and OV User Terms, TELUS grants to you a personal, non-exclusive, non-transferable, limited permission to access and use OV for the purpose specified herein.
Where words and expressions which are defined in the Services Agreement are used herein, such words and expressions shall have the meaning ascribed to them in the Services Agreement unless otherwise specifically provided for herein.
OV – Service Order Request TermsOV – Service Order Request Terms for IP Trunking Service
OV – User TermsIntellectual Property
- There must be a fully executed Services Agreement in effect between the Customer and TELUS that applies to the sale and provision of IP Trunking Services.
- The Customer must submit Service Order Requests via OV for the purchase of IP Trunking Services from TELUS in accordance with the terms and conditions of the Services Agreement and these OV Service Order Request Terms.
- The Service Order Request must include a reference to the applicable Services Agreement, type of IP Trunking Services being purchased, Service-specific details, and other (if any) essential terms specified herein or required by TELUS.
- The Customer may submit Service Order Requests for the following IP Trunking Services or Service elements or features in accordance with the terms and conditions of the Services Agreement and these OV Service Order Request Terms:
- DIDs – reserve DIDs, activate DIDs, port-in DIDs, change active DID features and disconnect DIDs;
- IP Sessions – add IP Sessions and disconnect IP Sessions; and
- Cancellation of Service Order Requests.
- The Service Order Request is between TELUS and the Customer. In the event of a conflict between the terms and conditions of the Services Agreement and the terms and conditions of the Service Order Request, the terms and conditions of the Services Agreement will take precedence. The Customer and TELUS agree to be bound by the terms and conditions in all Service Requests properly submitted by Customer and accepted or approved by TELUS in accordance with the Services Agreement and these OV Service Order Request Terms.
- The Minimum Service Term and charges for IP Trunking Services specified in the Services Agreement will apply to all Service Order Requests submitted by Customer and accepted or approved by TELUS hereunder.
- If a Service Order Request, that is properly submitted by Customer hereunder, is acceptable to TELUS, TELUS CARE will send a confirmation of TELUS’ acceptance or approval to Customer along with an estimated service commencement or installation date (that may be changed or amended by TELUS upon notice to Customer) (“Firm Order Date”).
- The Customer may submit a request, via OV, to TELUS for revisions to or cancellation of a Service Order Request that has been properly submitted by Customer and accepted or approved by TELUS hereunder, provided that such request is received by TELUS 72 hours prior to the Firm Order Date. If a properly submitted request for cancellation of a Service Order Request is received by TELUS within the allotted time period, the applicable IP Trunking Service will be cancelled by TELUS. The terms and conditions of the Services Agreement (including payment of applicable cancellation charges) will apply to Customer’s cancellation of any IP Trunking Services hereunder. If a properly submitted request for revisions to a Service Order Request is received by TELUS within the allotted time period, and such request for revisions to the Service Order Request are acceptable to TELUS, TELUS CARE will send a confirmation of TELUS’ acceptance or approval to Customer along with a revised Firm Order Date. Customer will be responsible for any costs or expenses incurred by TELUS in connection with any Customer-requested revisions to a Service Order Request
- The Customer will be able to review all Service Order Requests that are accepted or approved by TELUS via OV in a read only format. The Customer will also be able to download and save or print off a copy of all Service Order Requests that are accepted or approved by TELUS.
OV and its content (including but not limited to OV design, text, graphics and all software and source codes connected with OV) (“Content”) are proprietary and are owned, controlled or licensed by or to TELUS, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted by these OV User Terms or otherwise by Canadian laws, no part of OV and no content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without TELUS’ consent.
Use of Information
The information on OV is for the sole purpose of purchasing IP Trunking Services from TELUS under a Services Agreement as specified above. Customer agrees that it will use OV and any Content found on OV solely for its personal, lawful purposes, in accordance with these OV User Terms, and that it shall not use any information contained in OV in any claims, proceedings, suits or actions against TELUS, its suppliers or affiliates.
Customer may not:
(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on OV which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder;
(b) engage in any conduct that impersonates any person, licensed professional, business or entity; or
(c) otherwise use OV in a way that is contrary to law or which could adversely impact use of OV by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
TELUS reserves the right at its sole discretion to terminate Customer’s access to OV at any time, without notice upon a violation of attempted violation of these OV User Terms or for any other reason.
Access to OV and Management of Users
Customer is solely responsible for access to and use of OV by any of its employees, officers, directors, agents and any other user of OV (collectively, “Users”). Customer will be provided with a Customer system administrator (“System Administrator”) account that will allow the Customer to create accounts for Customer Users authorized by the Customer. The System Administrator shall designate Users authorized to access OV and purchase Services in Customer’s name. Customer is responsible for ensuring that only Users authorized by the Customer obtain an account and password. Customer agrees that each User has the capacity and authority to purchase Services from TELUS on behalf of Customer and to access Customer’s data or information published in OV.
Customer is responsible for (a) maintaining the confidentiality of any TELUS account(s) that it holds including all passwords and other account identifiers that it or it’s Users may use to access any part of OV or any Customer account, and (b) all uses of Customer’s account(s) through OV including any activities that occur under such account(s), whether performed by an authorized User or any other person accessing Customer’s account(s) with a password or other account identifier. Customer shall immediately notify TELUS of any unauthorized use of the Customer’s passwords or accounts or any use inconsistent with these OV User Terms. TELUS does not assume any responsibility for Customer’s acts or omissions
Customer shall ensure that all authorized Users have read, are familiar with, and agree to abide by these OV User Terms.
Modification and Termination
TELUS may make improvements or changes to or suspend or discontinue any or all aspects of OV or related Service Ordering Request Procedures at any time without notice or liability.
By posting or uploading to OV any text, comments, messages, information, data, trademarks, logos, or any other form of content or information (collectively "User Content"), Customer warrants that it owns all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to Customer’s User Content and that neither Customer nor any third party will object to the use of Customer’s User Content by TELUS in accordance with these OV User Terms
TELUS may use and disclose any information and materials received from Customer or collected through Customer’s use of OV for any lawful reason or purpose.
When providing information for OV, Customer agrees to provide accurate and current information and to promptly update such information as necessary to ensure that it is kept accurate and complete.
TELUS is under no obligation to monitor OV. However, Customer agrees that TELUS has the right to, without notice or liability, monitor use of OV if TELUS believes that such activity is necessary to provide access to OV, ensure adherence to or enforce these OV User Terms or other TELUS user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. TELUS reserves the right in its sole discretion to issue any response it considers appropriate if TELUS becomes aware of any inappropriate use of OV.
The parties agree that they shall hold all information submitted, exchanged or produced under OV in confidence and shall use the same solely for the purpose of performing their obligations herein or in the applicable Services Agreement and Service Schedule. The parties further agree that they shall not disclose any such information to anyone except those employees or contractors to whom such disclosure is necessary for the purposes authorized herein or in the applicable Services Agreement.
TELUS assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect Customer’s or any User’s computer equipment or other property or any other damage to the same on account of Customer’s or User’s access to or use of OV or your downloading of any materials, data, text or images from OV.
Right of Indemnification
Customer agrees to defend, indemnify and hold TELUS, its suppliers, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these OV User Terms by Customer or any User.
Limitation of Liability
Except as may be otherwise stated in an applicable Services Agreement, neither TELUS, its suppliers, affiliates nor any other party involved in creating, producing or delivering OV is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with Customer’s or any User’s access or use of OV even if TELUS has been advised of or foresees the possibility of any damages occurring.
TELUS's failure or delay in insisting upon or to enforce strict performance of any provision of these OV User Terms shall not be construed as a waiver of any provision or rights.
By visiting OV, you agree that these OV User Terms shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
All prices are quoted under OV in Canadian dollars, unless otherwise specified in an applicable quote or Service Order, and do not include applicable taxes or regulatory fees.
OV originates in Canada. TELUS' products and services are offered in TELUS' operating territory.
These OV User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between TELUS and Customer with respect to Customer use of OV. If any part of OV User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these OV User Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.