O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of

36.31Telstra aims to meet the provisioning service levels, service assurance levels and the target success rate for your service. You acknowledge that Telstra's service levels, service assurance levels and the target success rate are targets only and Telstra will not be responsible for failing to meet them.

Enterprise Account Provisioning Time

36.32The target provisioning time for an Enterprise account is 28 business days from Telstra's acceptance of your order. Telstra will not accept an order until you have provided all information reasonably required by Telstra to assess the order. Telstra will supply you with provisioning times for moves, adds and changes to your Global Wi-Fi service upon request.

36.33Telstra's target provisioning time starts on the date Telstra accepts your order and ends on the completion of provisioning.

36.34Telstra's target provisioning times are indicative only. Telstra aims to meet the target provisioning times but is not required to do so.

HelpDesk

36.35You must provide first level help desk support to your End Users. You must manage your user credentials (logins and passwords) and undertake initial fault diagnostics before reporting problems to Telstra's Global Wi-Fi Service Desk.

36.36You must appoint a person in your organisation (a Trusted Customer Officer) to be your point of contact with Telstra's Global Wi-Fi Service Desk.

36.37If your help desk is unable to resolve a problem and determines the problem to be a Global Wi-Fi problem, your Trusted Customer Officer may contact Telstra's Global Wi-Fi Service Desk on [e-mail] (available 24 hours per day, 7 days per week). Alternatively your helpdesk can contact 1800 699 434. Calls from overseas can be made to this number by inserting the international number prefix [phone]. Charges apply when calling from overseas.

36.38Only your Trusted Customer Officer may report a fault to Telstra's Global Wi-Fi Service Desk. Your Trusted Customer Officer should be prepared to answer the following questions:

1. 
   Is there a problem accessing or using the online portal?
   
2. 
   Has the Global Wi-Fi service worked before (ie is this a newly commissioned service)?
   
3. 
   How many End Users are affected?
   
4. 
   What error code is the End User getting on the client connection log?
   
5. 
   What type(s) of access service is being used and where is the End User?
   
6. 
   Is the End User experiencing data/speed issues?
   
7. 
   If the access service is supplied by a provider other than Telstra, who is the supplier of the access service?
   

Service Level Assurances when using the Global Wi-Fi service on the Global Wi-Fi Global Roaming Footprint

36.39Telstra's Global Wi-Fi Service Desk will perform an analysis of your problem and if the problem is identified to relate to the Global Roaming Footprint; and

1. 
   if the problem is identified to be within the core systems managed by iPass (“Global Wi-Fi Core Systems”), the following service levels will apply.
   

Service	Response Target	Restoration Target	Maintenance Coverage Period
Global Wi-Fi Core Systems	120 min	12 hours	24 hours per day, 7 days per week (including public holidays)

1. 
   if the problem is identified to be within an access service provided by Telstra then the service levels described above for that service will apply.
   
2. 
   if the problem is identified to be within an access service provided by a service provider other than Telstra, it will be your responsibility to contact that provider. Telstra is not responsible for access services not provided by Telstra.
   

36.40Telstra's Response Time is the period commencing when a valid service fault report is received by Telstra's Global Wi-Fi Service Desk and ending when Telstra tells you that work has commenced to identify the fault;

36.41After Telstra's Global Wi-Fi Service Desk receives a valid fault report, Telstra will analyse the fault condition and notify you as to what Restoration Target will apply. Telstra's Restoration Time is the period commencing with this notification and ending on the first to occur of:

1. 
   the service is returned to full working order; or
   
2. 
   a temporary repair is performed which allows the service to be used,
   

36.42All performance service levels are indicative targets only.

Telstra Global Wi-Fi - Terms of Use

36.43In addition to the definitions in clause 36.3, in this Telstra Global Wi-Fi Terms of Use section, the following words have the following special meanings:

Service means, for the purpose of these Terms of Use, iPass proprietary remote Internet access service that permits users to connect to and use the Internet via points of presence which is supplied to you by Telstra as part of the Global Wi-Fi service.

Software means the Client Software and Server Software.

Update means an updated, revised, or enhanced version of the Software that Telstra or iPass may make available to you from time to time.

General

36.44For some components of the Telstra Global Wi-Fi service, Telstra will supply you with software and services that it acquires from iPass under a reseller relationship. You agree to be bound by these Terms of Use in relation to the software and services that Telstra acquires from iPass and provides to you.

36.45You acknowledge and agree that you are responsible for End Users use of the Service and any breach of these Terms of Use by an End User using the Service through you is a breach by you.

Software Licence

36.46Subject to the terms and conditions of these Terms of Use, Telstra grants you a worldwide, non-exclusive, non-transferable licence to reproduce (on all eligible Smart Devices and eligible Desktops from which you use the Service and for backup and archival purposes) and execute the Client Software solely to enable your use of the Service. Each End User may use the Client Software on up to three of their own eligible Desktops or eligible Smart Devices.

Software Restrictions

36.47Except as permitted by law which cannot be excluded, you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of the Software and you further agree not to attempt to derive the source code of the Software, whether in whole or in part.

36.48Where a law gives you the right to do so to obtain information necessary to enable the Software to interoperate with other software, you must first notify Telstra of your desire to reverse engineer the Software, and Telstra may, in its discretion, either provide such information to you, or impose reasonable terms and conditions on such use of the Software to ensure that Telstra and its supplier's proprietary rights are protected.

Software Ownership

36.49You acknowledge and agree that the Software is licensed and not sold. As between the parties, Telstra or its relevant suppliers will retain all title, copyright and other proprietary rights in and to the Service, the Software, and any other technology, services, or materials that Telstra may provide to you under this Service Schedule. For the avoidance of doubt, you acknowledge that no right to or licence in the source code for the Software is granted to you under these Terms of Use. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Software or any iPass web content and will include all such markings in all copies of such materials. You acknowledge and agree that Telstra may disclose your usage data to its suppliers and other third parties for the purpose of providing the Service and Software to you.

Service Use Restrictions

36.50You will not use the Service to take any actions that:

1. 
   infringe on any third party's copyright, patent, trademark, trade secret, privacy or other proprietary rights;
   
2. 
   violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control);
   
3. 
   are defamatory, threatening, harassing, or obscene; or
   
4. 
   interfere with or disrupt Telstra's (or Telstra's suppliers) network, other users, services or equipment. Disruptions include distribution of unsolicited bulk emails or chain letters; causing an excessive or disproportionate load on Telstra's (or its suppliers') infrastructure; distribution of viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; and the unauthorised entry to any machine accessible via the network.
   

36.51You may not resell or redistribute any of the Services and you will comply with the usage policies of Telstra and its applicable suppliers, which Telstra will make available to you.

Termination

36.52Notwithstanding any other clause in this Agreement, if you fail to comply with these Terms of Use then Telstra may provide you with written notice of your breach and if you do not cure such breach within 15 days following the notice date, Telstra may suspend or terminate your access to the Service.

36.53In the event of suspension or termination, you must destroy all copies of the Software.

Disclaimer of Warranty

36.54To the extent permitted by law, the Software, the Service, the documentation Telstra provides you for this Service, and all other associated material is provided to you “as-is” and Telstra makes no guarantee or representation, express or implied, relating to the suitability or capability of the Software and Service for your needs.

36.55 Due to the nature of the services, Telstra cannot and does not warrant that the services will be continuous, timely or error-free or that the Service will be available on a certain date or time. You acknowledge that disconnection may occur from time to time and that access to the network cannot be guaranteed.

Limitation of Liability

36.56Telstra and its suppliers exercise no control whatsoever over the content of the information passing through its systems. Telstra acknowledges that use of any information obtained via the Service is at your own risk and Telstra (and its suppliers) specifically deny any responsibility for the accuracy or quality of information obtained through the Service.

37Withdrawal of Data Packs, Introduction of Extra Data

Background and Application

37.1From 12 May 2015, we’re making changes to how we charge for data when you go over your included Monthly Data Allowance. You’ll no longer be able to purchase data packs, except for certain plans, and instead our new Extra Data charging model will apply.

37.2Unless we otherwise advise, this clause 37 applies to all old plans set out in this document, with the exceptions noted below.

Data Packs

37.3On and from 12 May 2015, you’ll no longer be able to purchase data packs. Any existing data pack will continue to apply (and count towards your monthly allowance) until you remove it. Once removed, it can’t be reapplied.

37.4This change doesn’t apply to:

(a)Telstra Mobile Broadband Business plans and other Business mobile broadband plans (you’ll still be able to buy data packs for these plans until you switch your account to Extra Data); or

(b)fleet plans like Business Fleet Connect and Business Mobile Advantage (you’ll still be able to buy data packs for these plans).

Extra Data

37.5On and from 12 May 2015, if you take up a Go Business Mobile or Go Business Mobile Broadband Plan, or ask us to switch your account to Extra Data, we’ll switch all eligible services in your account to our new Extra Data feature. This will replace the per MB excess usage rate, and any excess usage monthly cap will no longer apply, for those services moving forward.

37.6With Extra Data, when you go over your plan’s Monthly Data Allowance, we’ll automatically add data to your Monthly Data Allowance for that month in 1GB blocks at a cost of $10 per block (Extra Data). Extra Data is for use in Austalia and expires at the end of that billing month

37.7For eligible services on your account that support data sharing:

(a)Extra Data will be shared between those services; and

(b)when you go over your shared data allowance, we’ll add Extra Data blocks one-at-a-time to your shared data allowance.

37.8Extra Data is not available for fleet plans like Business Fleet Connect and Business Mobile Advantage, and the standard per-MB excess data rate will continue to apply to these plans.

38Premium Direct Billing

What is Premium Direct Billing?

38.1Premium Direct Billing is a service that allows you to pay for certain types of content, accessed on your mobile device, via your Telstra bill.

38.2Premium Direct Billing is only available if:

(a)you are an eligible customer (we will tell you if you are not);

(b)you are using your Telstra mobile service or a Pre-Paid Wireless Broadband service to purchase the service; and

(c)none of the restrictions set out in the remainder of the terms and conditions apply to the purchase.

Barring

38.3You can ask us to bar access to Premium Direct Billing from your device at any time. You will not be charged for Premium Direct Billing services after barring is activated, nor is there a charge for activating it. Barring can take up to one day to activate.

38.4We may prevent you from accessing Premium Direct Billing if you ask us to or if you have not paid your Telstra mobile account. We will try to tell you if this happens.

Charges - for all customers

38.5Where the content is supplied by a third party content provider, they will set the charge for the content, not Telstra, however we will pay the content provider and charge you for the content after it has been provided to you. There may be some cases where the charges are debited from your account before the content is delivered to your device.

Charges - Telstra Pre-Paid Customers

38.6You will not be able to buy content using Premium Direct Billing if you do not have sufficient credit in your Telstra Pre-Paid account.

38.7We may stop any download of content in progress if your account balance is or becomes too low to continue Premium Direct Billing

Charges - Post-paid customers

38.8If you have a post-paid Telstra mobile service, we will debit the Premium Direct Billing charges from that account.

38.9We will not charge you for the provision of credit.

Spend limits

38.10We apply the following default spend limits for Premium Direct Billing:

(a)$100 per month for Telstra post-paid customers; and

(b)$500 per month for Telstra pre-paid customers.

38.11You may request a change to these limits, which we may grant at our discretion.

38.12We may decrease your spend limit, but we will tell you before the change takes effect in accordance with the General Terms of Our Customer Terms.

No resupply

38.13You must not resupply or resell content or use it for any unlawful purpose or in breach of any law.

Privacy

38.14We may use and disclose personal information about you in accordance with our “Protecting Your Privacy” statement. A copy of this statement can be obtained at http://www.telstra.com.au/privacy/index.htm.

38.15In addition, when you use Premium Direct Billing, your mobile number will be disclosed to us (including our employees, contractors and agents) and content providers to provide you with content via Premium Direct Billing.

38.16If you use Premium Direct Billing on a Telstra Pre-Paid service, we may also disclose information about you for the purpose of advising the Australian Securities and Investments Commission of information about complaints and transactions in respect of our customers’ use of Premium Direct Billing. This includes disclosing information relating to the conduct of your Telstra Pre-Paid account.

Our liability for content

38.17We are not responsible for content bought by you from a third party content provider using Premium Direct Billing. We do not promise the accuracy, suitability or quality, of such content from third party providers. If you are a Telstra Pre-Paid Wireless Broadband customer, we do not promise that such content will be compatible or available for use with your service or with the USB modem provided in your starter pack.

38.18Your access to, and use of, third party content is covered by any terms imposed by the content provider, so please read that information before you buy the content.

38.19We will take reasonable steps to deliver content bought by you from a content provider using Premium Direct Billing. However, we cannot promise that we will deliver content in a timely, continuous or fault free manner.

1. 
   For example, in some circumstances we may be unable to deliver the content due to the following technological difficulties: the receiving device is not working properly, is switched off, or is out of range; the destination address is invalid or barred to Premium Direct Billing; you are overseas and the overseas phone company has blocked Premium Direct Billing from us.
   

Access to Deluxe (18 plus) services

38.20Deluxe (18 plus) services are:

(a)services that provide access to MA15+ or R18+ content; and

(b)services that are offered for the purpose of allowing users to derive sexual gratification from them.

Deluxe (18 plus) services are age-restricted services and are regulated by law.

38.21You will not be able to access or buy Deluxe (18 plus) services from your device using Premium Direct Billing unless and until:

(a)you (as the account holder) have asked us to give you access to Deluxe (18 plus); and

(b)we have confirmed to our satisfaction that you are the account holder for your phone and you are at least 18 years old.

38.22We may require evidence to confirm your identity and your age, even if you have previously provided us with this evidence.

For example, you may be required to show us your drivers licence or other identity and age-verification documents at the time you apply for access to Premium Direct Billing, even if you previously provided us with these documents (such as at the time of acquiring your service).

38.23You can ask us to bar access to Deluxe (18 plus) services from your device at any time.

38.24We may suspend or terminate your access to Deluxe (18 plus) services at any time. We will usually try to tell you before this happens.

2. 
   For example, we may suspend or terminate access to Deluxe (18 plus) services from your device if we believe that you are not over 18, or if we are required by law or any government regulator to do so.
   

Complaints and enquiries

38.25If you have any complaints about any content, you must take them up with the content provider.

38.26If you refer a complaint or enquiry about any third party content to us, we may refer it to the provider of that content. However, we do not have to.

38.27You can contact us if you have any complaints or enquiries about Premium Direct Billing charges billed to your Telstra mobile account or debited from your Telstra Pre-Paid account. If a complaint is not resolved to your satisfaction you can also contact the Telecommunication Industry Ombudsman.

*Pay only the connection fee for voice calls to eligible fixed and Telstra mobile services.

*Pay only the connection fee for voice calls to eligible fixed and Telstra mobile services.

1 Microsoft, the Microsoft logo, Windows Mobile, System Center Mobile Device Manager, Windows Server, Exchange Server and SQL Server are trade marks of the Microsoft group of companies.

Part G – Data Services was last changed on 24 December 2015