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18.56It is your responsibility to set up your services to ensure that internet usage to and from a service connected to a MMSP is through your Microsoft SCMDM software. Internet usage fees and charges will apply if internet usage of a service connected to a MMSP is not through Microsoft SCMDM software.


Microsoft Mobile Voice Plan

18.57If you fail to elect an Eligible Mobile Voice Plan to apply in relation to a service connected to a MMSP, we will automatically connect the service to the Microsoft Mobile Voice Plan.

18.58If we connect a service to the Microsoft Mobile Voice Plan, we will charge you the following for the Microsoft Mobile Voice Plan for that service. The Microsoft Mobile Voice Plan is a default voice plan which allows you to make voice calls and send SMS at the charges set out below, unless stated otherwise. The Microsoft Mobile Voice Plan is not available as a stand alone service. Subject to this section, the terms applying to your Microsoft Mobile Voice Plan are set out in other parts of the Telstra Mobile Section of Our Customer Terms to the extent those terms relate to the services you use via your Microsoft Mobile Voice Plan (business and government customers click here).


Microsoft Mobile Voice Plan

GST excl

GST incl

Network Access Charge

Nil

Nil

Connection fee per call

22.72¢

25¢

Charges for calls to an Australian fixed or mobile number – per 30 second block or part thereof

45.45¢

50¢

Standard charges for text messages (SMS) apply, The terms and conditions for SMS are set out in Part E – SMS Messages and Email of the Telstra Mobile section of Our Customer Terms

18.59In addition, for your Microsoft Mobile Voice Plan, we will charge you for SMS and MMS in accordance with the Telstra Mobile section of Our Customer Terms.


International roaming is not included

18.60Fees and charges in connection with any use of a handset (including for SCMDM services) whilst the handset is roaming overseas are NOT covered by the monthly fee for a MMSP.

18.61Fees and charges in connection with any use of handsets connected to a MMSP whilst roaming overseas, are set out in the Part I – Heading Overseas (International Roaming) section of Our Customer Terms. Use of such handset whilst roaming overseas will be charged in accordance with Part I, or if it is not applicable, at the Our Customer Terms rates of the network you are using. We do not, except as set out in the Part I – Heading Overseas (International Roaming) section of Our Customer Terms, make any representation as to the charges or fees in connection with any use of the handset whilst roaming overseas.


Additional terms

18.62If applicable to your handset, the handset manufacturer’s standard terms and conditions associated with those handsets apply.

18.63Microsoft Regional Sales Corporation ("Microsoft") requires us to advise you that the following notice (the "Microsoft Notice") applies in relation to each client access licence which is granted to you by us in these Our Customer Terms for a service which you connect to a MMSP:

"Your subscription to the MMSP includes a client access licence for the version of SCMDM which you are running. Microsoft Corporation requires this notice:

For each active user for which you have paid a subscription for the MMSP, you are granted a non-transferable client access license (CAL) for the version of SCMDM which you are running. This CAL may only be assigned to the same user as the qualifying subscription to the Mobile Services Plan. This CAL is non-perpetual and expires upon termination of the MMSP under which this license is granted. SCMDM CAL is the only Microsoft license provided under the terms of your MMSP agreement. You are responsible for acquiring server licenses for SCMDM, Microsoft Windows Server 2003 SP2 (or later) (and associated client access licenses), Microsoft SQL Server 2005 (or later) (and associated CALs) and any other Microsoft server products (and associated CALs), and any other Microsoft server product(s) (and associated CALS) necessary to run SCMDM pursuant to the terms of your Microsoft Volume Licensing Agreement and those products' use rights, as defined in the Microsoft Product Use Rights (PUR) document."

18.64You must comply with the terms of the Microsoft Notice set out above.

18.65You agree that Microsoft may amend the Microsoft Notice from time to time, and you must comply with any such amended notice once we notify you of it in writing.

18.66You acknowledge that the MMES is not fault-tolerant and is not designed, manufactured or intended for use with on-line control equipment in hazardous environments requiring fail-safe performance in which the failure of the service could lead directly to death, personal injury, or severe physical, property or environmental damage ("high risk activities"). To the extent permitted by law, we, and our suppliers and contractors, expressly disclaim any express or implied condition or warranty or statutory guarantee (including fitness for purpose) of the MMES for high risk activities.

18.67Without limiting anything in Our Customer Terms or, if applicable our agreement, to the extent permitted by law, and except as otherwise expressly provided in any other arrangement between you and Microsoft, all warranties by Microsoft and any liability of Microsoft, its affiliates or suppliers for any damages, whether direct, indirect or consequential, arising from a service connected to a MMSP are excluded.


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