Telstra Business Services Agreement Page 3
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16Telstra Business Services Agreement
Agreement Terms
Page 1
Agreement Terms
Capitalized terms used in this Agreement without definitions shall have the meanings set forth in the Definitions Section in
Section 14, or in the case of an applicable Service where a definition is supplied in the Service Schedule, such definition shall
prevail.
1.
Term and Termination
Term
1.1.
This Agreement begins on the Start Date and continues until terminated in accordance with this Agreement.
1.2.
After the initial Service Term for a Service, as specified in the Order, the Service Term shall automatically renew for
additional consecutive bi-monthly terms
(each such
or such longer period expressly set forth in the Customer Order
period being a “Renewal Period”), unless either party provides the other with written notice of its desire not to renew
the Service Term at least 60 days prior to the expiration of the initial Service Term, or the then-current Renewal
Period, as the case may be.
2.
Services
2.1.
Telstra agrees to supply the Services to the Customer and the Customer agrees to acquire them from Telstra at the
prices and on the terms set out or referred to in this Agreement.
2.2.
If Telstra decides to modify or exit a Service, then Telstra may, by giving the Customer prior reasonable notice:(a)
migrate the Customer to the modified service or an alternative service; or (b) cancel the Service. If the proposed
modified or alternative service is materially detrimental to the Customer, then the Customer may cancel the Service
without the payment of any early termination charges.
3.
Operation of Services
3.1.
In the case where a Schedule provides that Telstra will resell or arrange for the installation and connection of a local
circuit, Telstra will (as required) arrange for such installation and connection at a main distribution frame for the
Customer’s Premises (the “Connection Point”). Telstra is not responsible for connections or cabling beyond the
Connection Point. Telstra may, if requested by the Customer and agreed to by Telstra in writing, arrange for the
movement of the Connection Point and/or provide additional cabling or connections on a time and materials basis.
3.2.
Telstra may schedule Planned Network Maintenance from time to time. Telstra will use commercially reasonable
efforts to give the Customer at least 40 hours notice of Planned Network Maintenance. In the case of emergency
repairs or modification, where possible, Telstra will use commercially reasonable efforts to give the Customer 24
hours advance notice of the interruption. Notice under this Section may be given by telephone, email or fax or,
where provided to the Customer, online reporting service.
4.
Service Levels for Global Services
4.1.
Telstra has no liability to the Customer in respect of any guarantees or other obligations under a Service Level
where the performance of a Global Service is affected by one or more of the Exclusion Events. When calculating the
average performance of the Global Service, any period during which Exclusions Events apply and the performance
of the Global Service during that period will be disregarded.
4.2.
Where Telstra offers Credits in a Service Level the Customer must comply with the claim procedure set out in
Section 4.3 to claim a Credit. If the Customer fails to make a claim in accordance with Section 4.3, the Customer is
taken to have unconditionally and irrevocably waived its right to claim the Credit and shall have no claim whatsoever
against Telstra for its failure to meet such Service Level in such month.
Telstra-Customer Confidential
v.
4.11.11
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