Telstra Business Services Agreement (Page 14 of 16) in pdf

FCMS Attachment

Telstra Business Services Agreement

Page 1

Foreign Carrier Management Service (“FCMS”)

Attachment

Requirement for FCMS

1.1

This Attachment only applies if Telstra provides our Foreign Carrier Management Service to Customer.

1.2

In certain jurisdictions (including India) Telstra is unable, for legal, regulatory or Foreign Carrier policy reasons,

to supply a WAN Type to Customer (Foreign Jurisdictions).

Provision of FCMS

2.1

In some Foreign Jurisdictions Telstra has relationships with carriers (Foreign Carrier) which enable traffic to be

transmitted between a WAN Type provided by Telstra and a corresponding type of service provided by the

Foreign Carrier (Foreign Carrier’s Service). The Foreign Carrier’s Service may be, where the WAN Type is:

(a)

an IPL, ATM or Frame Relay Half Circuit, a corresponding half circuit using the same transmission

technology at the Z end;

(b)

IP VPN, an IP VPN port and local circuit capable of communicating with the IP VPN GWAN Services

provided by Telstra; or

(c)

the Z end of any other transmission technology types advised by Telstra from time to time.

2.2

To assist Customer to obtain and manage a Foreign Carrier’s Service Telstra can provide our Foreign Carrier

Management Service (FCMS).

2.3

FCMS provides single end ordering, single end billing and single end fault reporting for the Foreign Carrier’s

Service as set out below:

(a)

Single end ordering: Telstra will assist Customer to obtain a Foreign Carrier’s Service from a Foreign

Carrier by ordering, assisting with arrangement of installation and, at the end of the relevant term,

terminating the Foreign Carrier’s Service on Customer’s behalf;

(b)

Single end billing: Telstra will bill Customer the charges for each Foreign Carrier’s Service and pay

those charges to the Foreign Carrier on Customer’s behalf. The charges for each Foreign Carrier’s

Service are determined by the Foreign Carrier and are payable in accordance with the Foreign Carrier’s

terms and conditions. If the Foreign Carrier varies the charges for the Foreign Carrier’s Service, Telstra

will make a corresponding variation to the charges billed pursuant to this clause for that Foreign

Carrier’s Service. If Telstra reasonably considers it necessary for regulatory reasons, Telstra may

cease providing single end billing and Customer will have to pay the charges for each Foreign Carrier’s

Service directly to the Foreign Carrier;

(c)

Single end fault reporting: Customer may report faults on each Foreign Carrier’s Service to Telstra and

Telstra will seek to resolve those faults with the Foreign Carrier and recover from the Foreign Carrier,

on Customer’s behalf, any rebates due to Customer under Customer’s contract with the Foreign Carrier.

Telstra will credit Customer’s invoices for any rebates Telstra receives from the Foreign Carrier. Telstra

has no liability to Customer, any party occupying the premises where the Foreign Carrier’s Service

terminates (End User) or any other party in respect of the performance of each Foreign Carrier’s

Service or the ability to claim rebates under Customer’s contract with the Foreign Carrier.

2.4

Telstra may, in our sole discretion, offer Service Levels (including rebates) over the Foreign Carrier’s Service. If

Telstra does so:

(a)

this is our commercial decision and does not make us the supplier of the Foreign Carrier’s Service; and

(b)

Telstra may retain any rebates received under clause 2.3(c) above.

2.5

Foreign Carrier’s Services in respect of which Telstra provides FCMS are set out in the Order.

2.6

Notwithstanding anything to the contrary in this Agreement, any IPL, ATM or Frame Relay WAN Type Half

Telstra-Customer Confidential

v.1.20.09

Telstra Business Services Agreement Page 14

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