35.7You agree and acknowledge that you will not use your Sendum Solution for voice calls, SMS, MMS or any other unauthorised telecommunication services.
35.8There are additional terms which apply to your use of the Sendum Solution. These terms are described in more detail under “Additional Terms” below.
35.9You must use your Sendum Solution in accordance with our Acceptable Use Policy available via www.telstra.com.
Eligibility
35.10You are only eligible for the Sendum Solution if you have a valid ABN, ACN or ARBN.
General Licence Terms
35.11If you purchase a Findum Software licence from us, we will grant you a non-exclusive and non-transferable licence to use the Findum Software (and any associated documentation) as part of the Sendum Solution solely for your own internal business purposes.
35.12You understand that you must not:
(a)copy, reproduce or modify the Findum Software (or any associated documentation) or create any derivate work from the Findum Software;
(b)sell, rent, lease, loan, license, sublicense or otherwise transfer the Findum Software (or any associated documentation) to any third party;
(c)cause or allow the disassembly, decompilation or reverse engineering of the Findum Software or otherwise attempt to gain access to the source code of the Findum Software;
(d)use the Findum Software for any unlawful, abusive, offensive or fraudulent purpose;
(f)disclose any confidential information provided to you by M2M Connectivity Pty Ltd (“M2M Connectivity”) or Sendum Wireless Corporation (“Sendum Wireless”) to a third party (including any documentation provided to you in connection with the Sendum Solution) except to the extent that it is necessary to disclose that information to your employees, agents or officers for the purpose of their use of the Sendum Solution or where you are required by law to disclose that information; or
(g)cause or allow any third party to do any of the acts described in sections 34.10(a) to 34.10(f) above.
35.13You understand that you have no rights or interests in the Findum Software other than those expressly granted in this section.
Data
35.14As part of your Sendum Solution, you will receive Data to allow the Sendum Device to connect with the Telstra Mobile Network.
Contract term
35.15You can purchase the Sendum Solution on either the:
(a)upfront option, under which you will need to:
(i)enter into a 36 month contract for the Findum Software;
(ii)make an upfront payment for the Sendum Device; and
(b)repayment option, under which you will need to:
(i)enter into a 36 month contract for the Findum Software;
(ii)enter into a 36 month contract for the repayment of the Sendum Device; and
(iii)make an upfront payment for any optional accessories purchased
(“HardwareRepayment Option”).
35.16If you take up either the Hardware Upfront Option or the Hardware Repayment Option, property in and title to any Sendum Hardware, and any optional accessories, passes from us to you on delivery of the respective Sendum Hardware to you.
35.17If you fail to pay the monthly instalments, we may suspend or cancel your Sendum Solution in accordance with the General Terms of Our Customer Terms.
35.18You may change from a Hardware Repayment Option to a Hardware Upfront Option at any time during the 36 month term, in which case the Hardware ETCs will apply for the Sendum Hardware in accordance with sections 34.22 and 33.25 below.
35.19You may cancel your licence(s) for the Findum Software at any time, however, you will be unable to use the Sendum Solution, and Software ETCs may apply in accordance with sections 33.20, 33.21 and 33.22 below.
35.20We may cancel your licence(s) for any Findum Software immediately if you become insolvent or you fail to maintain your Sendum Device(s) repayments under the Hardware Repayment Option. Hardware ETCs and Software ETCs may apply.
35.21We may cancel your licence(s) for the Findum Software if you breach any of these terms and conditions and you fail to remedy that breach within 14 days of receiving a written notice from us (or our nominated third party). Hardware ETCs and Software ETCs may apply.
Termination
35.22We may terminate your access to our networks if you use them to adversely impact the operation and/or other customers’ enjoyment of our network or if you breach a material term of these terms, in accordance with the General Terms of Our Customer Terms. We will tell you before this happens.
35.23Where you acquire the Sendum Solution on a Hardware Repayment Option and this contract is cancelled or terminated before expiry of the 36 month contract term for any reason other than Telstra’s breach, Telstra may charge you a Hardware ETC and a Software ETC calculated as follows:
Hardware ETC payable
=
ETC Base x number of months remaining in your contract term
