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



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18.68You agree to our rights under our Privacy Statement. In addition, you permit us to disclose to our suppliers and contractors, including Microsoft, all data generated or collected by or for us in connection with our agreement with you, your application for or use of MMES or your use of services otherwise provided by us to you ("Your Information").

18.69We will take reasonable steps to ensure that our suppliers and contractors, including Microsoft, keep Your Information confidential and use it in accordance with applicable privacy laws.

18.70Our suppliers and contractors, including Microsoft, may use Your Information, and disclose Your Information to suppliers or contractors that they engage, under appropriate terms of confidentiality and data handling obligations for the purposes of:

(a)assisting with the provision of the Microsoft services or the services provided under a MMSP;

(b)determining payment obligations, verifying compliance with licensing requirements, determining channel incentives, and for internal reporting; and

(c)in response to lawful requests from law enforcement authorities.


General

18.71You must ensure each handset connected to a MMSP, our services and our networks are used in accordance with our Acceptable Use Policy available www.telstra.com.

18.72Without limiting any other right we may have, we may terminate the access of any service connected to a MMSP to our networks if the use of it adversely impacts the operation and/or other customers’ enjoyment of our network or if you or any service connected to a MMSP breaches a material term of these terms, in accordance with the General Terms of Our Customer Terms (to see these terms business and government customers click here). We will tell you before this happens.

18.73If any regulatory consent or exemption that we require to provide the MMES to you is not extended or is cancelled or withdrawn, we may terminate our agreement with you. We will tell you before this happens.



19Telstra Enterprise Mobile Broadband


What is Telstra Enterprise Mobile Broadband?

19.1Telstra Enterprise Mobile Broadband service allows you to access your private network with a compatible device approved by us.


Eligibility

19.2To be eligible to acquire a Telstra Enterprise Mobile Broadband service, you must:

(a)be a business customer with an ABN, ACN or ARBN;

(b)connect and stay connected to a Telstra Enterprise Mobile Broadband Plan for 24 months;

(c)connect and stay connected to:

(i)our IPWAN service with IP Wireless;

(ii)our Connect IP service with IP Wireless; or

(iii)any other access service we approve from time to time; and

(d)connect and stay connected to an eligible voice plan.

19.3The Telstra Enterprise Mobile Broadband service is not available to Telstra Wholesale customers or for resale. You cannot assign or resupply the Telstra Enterprise Mobile Broadband service to a third party.

19.4If you do not meet our credit requirements, we may not supply you with a Telstra Enterprise Mobile Broadband service. We will let you know if that happens.


Availability

19.5Telstra Enterprise Mobile Broadband is available on:

(a)Telstra’s Next G mobile broadband network and

(b)our 3G network, if you bring your own compatible 3G device.


Telstra Next G mobile broadband network?

19.6Please see the sections headed "What is Telstra Mobile Broadband?"; "Coverage and handover between networks"; and "Usage of Next G mobile broadband network and devices" in clause 24 of this Part for information about the Telstra Next G mobile Broadband network. The information in these sections applies to Telstra Enterprise Mobile Broadband over the Next G mobile Broadband network (including the 3G network) and including references to network unlocking fees for devices if applicable, but excluding information about Data Plans, PAYG pricing, use of Access Point Names (APN).

19.7You may use the Telstra Enterprise Mobile Broadband service to access your private network on the telstra.corp APN, or any approved private APN (that is, a private APN named according to the format companyname.corp) that has been provisioned by us. Other data usage on other APNs is included in the monthly data access, subject to clause 19.23.

19.8If you do not want other data usage on other APNs to be accessible, please contact Telstra to bar the data access on other APNs.


Telstra Enterprise Mobile Broadband plans (“EMB Plans”)

19.9There are three types of EMB Plans which you can apply for:

(a)EMB Standard Plan;

(b)EMB Lite Plan; and

(c)EMB SIM Only Plan.

19.10The EMB Standard Plan comes with a Telstra approved Telstra mobile broadband device approved for accessing the Telstra Next G mobile broadband network (“EMB Capable Device”) at a subsidised price. We will specify which EMB Capable Device you will receive.

19.11The EMB Lite Plan comes with an EMB Capable Device at a subsidised price. We will specify which EMB Capable Device you will receive.

19.12The EMB SIM Only Plan is available with an approved BYO device or you can purchase an EMB Capable Device from us as an outright purchase. EMB Capable Devices are not available for purchase with a Mobile Repayment Option (“MRO”).

19.13If you move from an EMB Plan to an Enterprise Mobile Broadband Plus Plan, not all EMB Capable Devices will work with the Enterprise Mobile Broadband Plus service and are not EMB+ Capable Devices. To use the Enterprise Mobile Broadband Plus service you are required to have an EMB+ Capable Device.

19.143G devices are not available on the EMB Plans, but once connected to an EMB Plan you can use your own Telstra approved 3G device with the Telstra Enterprise Mobile Broadband service.


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