Telstra Business Services Agreement (Page 2 of 16) in pdf

Agreement Terms

Telstra agrees to supply the Services to the Customer and the Customer agrees to acquire them from Telstra at the price and on

the terms set out or referred to in this “Agreement” which is made up of:

(a)

The Service Schedules referenced above and attached to this Agreement and such additional schedules as may be

added from time to time by agreement of the parties;

(b)

These terms and the additional Agreement Terms attached hereto; and

(c)

Any Telstra-provided Order Form submitted by the Customer and accepted by Telstra in accordance with the Agreement

Terms (each, an “Order”).

In the event of a conflict among any of the components of this Agreement set forth above, the document listed earlier in the list

above prevails to the extent of the inconsistency.

Use of Customer-Specific Information that is subject to US Federal Law

In the course of providing Service to Customer, Telstra may obtain and possess certain usage-related information about the

quantity and type of the telecommunications services Customer uses that is referred to as customer proprietary network

information under United States federal law (“CPNI”). Under United States federal law, Customer has the right, and Telstra has the

duty, to protect the confidentiality of Customer’s CPNI. Under United States federal law, Telstra may use Customer’s CPNI to

provide service to the Customer, to bill and collect for such services, to protect Telstra’s property rights and as otherwise permitted

or required by law. In addition, Telstra may use CPNI to tailor products or services to the Customer, including, by way of example,

to make the Customer aware of similar products or services that may be beneficial to the Customer.

Provided Customer has dedicated Telstra account representatives assigned to its account and Customer is able to contact the

account representative(s) directly without having to first access a call center, Telstra may, as permitted or required by applicable

law, provide Customer CPNI (including Call Detail Records) over the telephone to authorized representatives of Customer.

Customer will designate its authorized representatives who are responsible for working with the Telstra account representatives

(the “Customer Representatives of Record”). Customer shall notify its Telstra account representative immediately of any changes

in Customer Representatives of Record. Telstra may provide CPNI to Customer Representatives of Record by any means not

prohibited by applicable laws, rules and regulation, including but not limited to: by telephone in response to a Customer-initiated

call; electronically to Customer’s e-mail address of record or to any e-mail address provided by a Customer Representative of

Record; to Customer’s telephone number of record or to any telephone number provided by a Customer Representative of Record;

by United States mail to Customer’s address of record; or via an online customer portal or other online mechanism (if available

from Telstra).

Acceptance by Customer

Executed for Customer by its authorized representative. By signing, the signatory warrants that he/she has authority to sign this

Agreement on this Customer’s behalf.

Signature

Date

Print Name

Title

Acceptance by Telstra Incorporated

Executed for Telstra Incorporated by its authorized representative. By signing, the signatory warrants that he/she has authority to

sign this Agreement on Telstra’s behalf.

Signature

Date

Print Name

Title

Page 2 of Agreement Details

v.4.11.11

Telstra Business Services Agreement Page 2

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