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Our Customer Terms - Internet Direct and Business Broadband ...

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Our Customer Terms - Internet Direct and Business Broadband ...and,Our,our,AND

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    Our Customer Terms Page 1 of 68

    Internet Direct and Business Broadband section

    Part C Business Broadband

    Contents

    Click on the section that you are interested in.

    1 About this Part 3 2 Business Broadband Access (formerly Internet Direct ADSL) 4

    Terms 4

    What is Business Broadband Access? 4

    Availability 5

    Minimum term 5

    Access speeds and traffic allowance 6

    High Speed ADSL 6

    Monitoring services 8

    Installation charges 8

    Telephone service disruption 8

    Product incompatibility 8

    Cancelling your underlying telephone service 8

    Charges 9

    Volume Based Multi Site Pricing 10

    Availability 10 3 Business Broadband Packages 13

    Packages available 13

    Business Broadband Extras 13 4 Business Broadband Starter 13

    What is Business Broadband Starter? 13

    Installation 14

    Equipment 16

    Faulty Equipment 17

    Maintenance of your equipment 17

    Maintenance of your Business Broadband Starter service 18

    Web Remote Access 18

    Firewall 19

    Business Mail 19

    Minimum term 20

    Access speeds and traffic allowance 21

    Charges 21

    When we start charging you 26 5 Business Broadband Advantage 26

    What is Business Broadband Advantage? 26

    Onsite standard router installation 27

    Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section

    Part C Business Broadband

    Router 28

    Minimum Term 28

    Access speeds and traffic allowance 29

    Charges 29 6 Business Broadband Advantage BDSL 33

    What is Business Broadband Advantage BDSL? 33

    Onsite standard router installation 34

    Equipment 35

    Minimum term 35

    Access speeds and traffic allowance 36

    Charges 36 7 Business Broadband Extras 41

    Business Support 41

    SMTP feature 44

    Business Security 46 8 Domain name registration and hosting service 48

    What is the domain name registration and hosting service? 48

    Domain name registration, renewal and re-delegation 48

    Compliance with policies 50

    Disputes over your domain name 51

    Domain name hosting 51

    Domain name parking and redirection 52

    Charges 52

    Registration period 53

    Termination 53

    Consequences of termination of the service 54 9 Business Online 54

    What is Business Online? 54 10 Business Mail 64

    Business Mail Standard 65

    Business Mail Advanced 66

    Domain name registration and domain name hosting 66

    Usage of POP Mail mailboxes 67

    Business Broadband Extra 67

    Fees 67

    Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section Part C Business Broadband

    Certain words are used with the specific meanings set out in Part A General of the Internet

    Direct and Business Broadband section and in the General Terms of Our Customer Terms.

    1 About this Part

    1.1 This is Part C of the Internet Direct and Business Broadband section of Our Customer

    Terms. Provisions in other parts of the Internet Direct and Business Broadband

    section, as well as in the General Terms of Our Customer Terms, may apply to your

    Business Broadband Package.

    See clause 1 of the General Terms of Our Customer Terms for more detail on how the various

    sections of Our Customer Terms should be read together.

    See clause 1 of Part A General of the Internet Direct and Business Broadband section for more

    detail on how the various parts of the Internet Direct and Business Broadband section should be

    read together.

    1.2 This part only applies if you have Business Broadband Access or a Business

    Broadband Package.

    1.3 If there is an inconsistency between this part and the other parts of the Internet Direct

    and Business Broadband section of Our Customer Terms, this part prevails to the

    extent of the inconsistency.

    1.4 This Part C - Business Broadband of the Internet Direct and Business Broadband

    section of Our Customer Terms applies to:

    (a) Business Broadband Access and Business Broadband Package services;

    (b) Business Broadband extras acquired prior to 1 July 2009;

    (c) standalone Business Online and Business Mail services acquired prior to

    1 July 2009; and

    (d) the following Business Broadband extras acquired on and from 1 July 2009 for

    use with a service under paragraph (a):

    (i) Business Support;

    (ii) Business Security;

    Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section Part C Business Broadband

    (iii) Business Online; and

    (iv) Business Mail (Standard and Advanced).

    Except as set out in paragraph (d), Part B - Telstra Business Broadband of the

    Internet Solutions section of Our Customer Terms applies to Business Broadband

    extras acquired on and from 1 July 2009.

    2 Business Broadband Access (formerly Internet Direct ADSL)

    Terms

    2.1 Business Broadband Access is made up of Internet Direct and ADSL which we package

    together for you. The applicable terms for the components are set out below:

    Components of Business Broadband Applicable terms

    Access

    Internet Direct The provisions in Part A and Part B of

    the Internet Direct and Business

    Broadband section of Our Customer

    Terms which refer to Business

    Broadband

    ADSL Set out below.

    2.2 These terms do not apply to the underlying telephone service over which we provide

    Business Broadband Access. If we supply the underlying telephone service to you, it is

    on the terms set out in the Basic Telephone Service section of Our Customer Terms.

    What is Business Broadband Access?

    2.3 Business Broadband Access is a seamless service combining Internet Direct with ADSL

    (asymmetric digital subscriber line) as the connecting carriage service. 2.4 Business Broadband Access supports applications such as Internet browsing

    (downloading web pages, using email, sending and receiving file attachments and

    limited multimedia streaming).

    2.5 We do not promise successful data transmission using Business Broadband Access.

    Temporary interruptions and packet loss may occur from time to time. Business

    Broadband Access does not suit applications that are sensitive to delay, delay variation Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section Part C Business Broadband

    or packet loss (such as voice or real-time streaming) or require high-volume continuous

    file transfers.

    2.6 Our ADSL network is a best efforts network, shared by many end users. It is engineered

    to an average throughput per end user of 15 kbit/s. The shared nature of our ADSL

    network means that throughput will vary depending on the number of end users

    connected at the same time and the associated line transmission rates of those end users. 2.7 The transmission method for Business Broadband Access is asynchronous transfer mode

    (ATM) with an unspecified bit rate. We can introduce new underlying network

    transport technology (from time to time) to deliver Business Broadband Access. Any

    new technology will operate with Internet-grade characteristics.

    Availability

    2.8 ADSL (and Business Broadband Access because it includes ADSL) is not available

    everywhere and depends on a number of factors, including the length of cable to the

    nearest telephone exchange and the quality of the existing telephone service. 2.9 You can get an indication of whether ADSL (and Business Broadband Access because it

    includes ADSL) is available to you by visiting the Internet Direct page of our website to

    check that your telephone line and exchange can support ADSL (but you must not rely

    on this information. It is only indicative.)

    2.10 To apply for Business Broadband Access, you have to have an existing telephone

    service provided by us or someone else on our public switched telephone network. You

    have to be the end user of that telephone service and stay the end user while you get

    Business Broadband Access.

    Minimum term

    2.11 You may take Business Broadband Access for 12, 24 or 36 months.

    2.12 On 29 February 2008, we introduced some new plans. If you signed up to Business

    Broadband Access prior to 29 February 2008, you can either:

    (a) choose to remain on your existing contract;

    (b) apply to take up a new plan within your existing term that you have agreed with

    us by completing an application to change your existing access speed or traffic

    allowance. If we accept your application then, subject to any other rights we Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section Part C Business Broadband

    may have, we will provide Business Broadband Access to you on the new plan

    for the remainder of your existing term that you have agreed with us; or

    (c) sign a new contract with us. If you sign a new contract with us :

    (i) we may charge you an early termination charge as set out below for the

    cancellation of your existing contract; and

    (ii) we will not charge you the account set up charge.

    2.13 If you signed up to Business Broadband Access prior to 29 February 2008 and your

    Business Broadband Access is cancelled before the end of the 12 months, we may

    charge you an early termination charge. This will be an amount up to 65% of the

    monthly charges for your Business Broadband Access that would have been payable for

    the remainder of the 12 month term.

    2.14 If you signed up to Business Broadband, or changed your Business Broadband Access

    plan, on or after 29 February 2008 and your Business Broadband Access is cancelled

    before the end of the term that you select, we may charge you an early termination

    charge. This will be an amount up to 65% of the monthly charges for your Business

    Broadband Access that would have been payable for the remainder of the term that you

    agreed with us. This is a genuine pre-estimate of the loss suffered by us.

    Access speeds and traffic allowance

    2.15 If you signed up to Business Broadband Access on or after 29 February 2008, you can:

    (a) choose between access speeds of 512/512 Kbps or High Speed ADSL for your

    Business Broadband Access; and

    (b) choose between traffic allowances of 1GB, 5GB, 10GB, 40GB or an unlimited

    traffic allowance.

    2.16 The downstream and upstream speeds are indicative maximum speeds only. We do not

    promise that your service will achieve those speeds.

    High Speed ADSL

    2.17 You may select a high-speed rate-adaptive best efforts ADSL service called High Speed

    ADSL (if it is available to you) as part of your Business Broadband Access service. Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section Part C Business Broadband

    2.18 High Speed ADSL allows you to connect to the best possible downstream speed that is

    available on your line, at a price agreed with us. Your price will not be affected by the

    speed that is achieved by you.

    2.19 If you obtain High Speed ADSL, we will deliver your service via ADSL1 or ADSL2+

    technology (as determined by us for each service). This technology provides the

    following capabilities for some customers:

    (a) ADSL1: access speeds up to 8,000Kbps (Downstream) and up to 384Kbps

    (Upstream); or

    (b) ADSL2+: access speeds up to 20,000Kbps (Downstream) and up to 1,000Kbps

    (Upstream).

    2.20 You acknowledge that actual speeds may often be less and vary due to a number of

    factors including network configuration, line quality and length, exchange type,

    customer premises interference, customer location, distance from the telephone

    exchange, traffic and hardware and software configuration. About 50% of High Speed

    ADSL customers in ADSL2+ areas will have access speeds around 10,000Kbps or more.

    About 70% of High Speed ADSL customers in ADSL1 areas will have access speeds

    around 6,000Kbps or more.

    2.21 In some cases, where we reasonably consider it necessary to improve network

    performance, we may need to reduce the maximum achievable speed on your High

    Speed ADSL Business Broadband Access service (but not below 1500/256Kbps) for a

    period we reasonably consider necessary. If this happens, we will give you notice as

    soon as practicable and if we are reasonably satisfied that you are materially worse off

    from the change, you may cancel your High Speed ADSL Business Broadband Access

    service by giving us notice within 42 days of the date we notify you of the change. If

    you cancel your High Speed ADSL Business Broadband Access service for this reason:

    (a) your High Speed ADSL Business Broadband Access service will be cancelled

    from the date the change takes effect; and

    (b) you will not have to pay us the applicable early termination charge (if any) but

    you will need to pay us for any installation fees and cost of equipment we have

    provided to you that you have not paid us for (as long as the equipment can be

    used in connection with services supplied by another provider). 2.22 We will deliver High Speed ADSL as a best efforts service, with no guarantee on the

    peak speeds achievable.

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    Internet Direct and Business Broadband section Part C Business Broadband

    Monitoring services

    2.23 You have to tell us if you have or get a security alarm monitoring service connected to

    the telephone service over which we provide Business Broadband Access. You also

    have to call us on 1800 065 744 (or another number we tell you) before any

    disconnection or potential disruption of your telephone service, including because you

    are installing or maintaining equipment.

    2.24 You may also wish to tell your security company that you have Business Broadband

    Access installed because there may be a disruption to your telephone service while we

    install it.

    Installation charges

    2.25 If you ask us to install any additional outlets for your ADSL service, we charge you our

    standard fee-for-service rates for installing them, whether we do it when we install

    Business Broadband Access or another time.

    Our fee-for-service charges are set out in the Fee -for-Service (Other work we do for you) section of

    Our Customer Terms.

    2.26 We can charge you additional charges if your installation or connection of Business

    Broadband Access is not standard (eg, because it is in a difficult location or because of

    obstacles in the terrain or a dwelling unit, or in commercial premises). We will provide

    you a quote for the work based on your particular circumstances.

    Telephone service disruption

    2.27 Your telephone service may be disrupted several times while we install Business

    Broadband Access.

    Product incompatibility

    2.28 Some products may be incompatible with Business Broadband Access and so will not be

    available to you.

    Cancelling your underlying telephone service

    2.29 You have to tell us if the telephone service over which we provide Business Broadband

    Access is cancelled. We cannot keep providing Business Broadband Access to you if

    that service is cancelled. But, if you do not separately cancel your Business Broadband Part C Business Broadband was last changed on 19 March 2012.

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    Internet Direct and Business Broadband section

    Part C Business Broadband

    Access service when your underlying telephone service is cancelled, we can keep charging you for your Business Broadband Access service.

    Charges

    2.30 We will charge you:

    (a) the charges that are set out in the Other Charges section of Part A of the Internet

    Direct and Business Broadband section of Our Customer Terms which are set

    out under the following headings:

    (i) Backchannel charges;

    (ii) Downgrading an existing pricing plan or transmission speed; and

    (iii) Changing customer; and

    (b) the following charge for changing the point of presence to which your

    connecting carriage service is connected:

    Changing the point of presence GST excl.

    For each change $81.82

    (c) if you signed-up to Business Broadband Access before 29 February 2008, the

    monthly charges and excess usage charges set-out in your application form for

    Business Broadband Access; or

    (d) if you sign-up to Business Broadband Access on or after 29 February 2008:

    (i) a monthly charge based on the access speed and traffic allowance that

    you choose (as set out in the table below); and

    (ii) an excess usage charge (as set out in the table below) if you receive

    more traffic than your chosen traffic allowance in a month. Plan Traffic allowance Monthly price

    (GST excl.)

    512/512 Kbps 1 GB $54.55

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    Internet Direct and Business Broadband section

    Part C Business Broadband

    Plan Traffic allowance Monthly price

    (GST excl.)

    5 GB $63.64

    10 GB $72.73

    40 GB $109.09

    Unlimited GB $272.73

    High Speed ADSL 1 GB $63.64

    5 GB $72.73

    10 GB $81.82

    40 GB $118.18

    Unlimited $281.82

    Excess usage charge: 10.91 cents (GST excl.) for each MB that exceeds the traffic allowance allowed each month for your selected plan

    Account set up charge for package: $181.82 (GST excl.). This account set up charge will only apply if you have a Business Broadband Access package with a term of 12

    months.

    The Account set up charge covers the connection of your Business Broadband

    Access service during our business hours of 8:00am to 6:00pm (your local time) on a business day. We charge you our additional fee-for-service charges (set out in the

    Fee-for-Service (Other work we do for you) section of Our Customer Terms to connect

    your service outside our business hours.

    Volume Based Multi Site Pricing

    Availability

    2.31 If you apply for at least 5 eligible Business Broadband Access services at once (ie, on the same application form) on the one account, you are eligible for volume based multiple sites pricing.

    2.32 If you are eligible for volume-based multi site pricing, we charge you the following usage charge for each Megabyte of traffic you receive across all your services that qualify for multiple sites pricing. The usage charge is determined at the end of the month based on which of the bands below your monthly volume (measured in Gigabytes) falls within. We charge you the minimum monthly usage charge, depending on which multi site pricing option selected (GST excl) if your usage for all your services results in

    Part C Business Broadband was last changed on 19 March 2012.

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