Telstra Enterprise important terms and concepts

The concepts and terms summarised in this section apply to all Home and Family products and services.

Disclosure of personal information to certain third parties

Our Privacy Statement explains how we collect, use, store, disclose and handle your personal information.

In particular, you should be aware that:

• if we use a third-party service provider to provide a service to you, we may disclose your personal information to that third-party service provider for the purpose of providing the relevant service to you; and
• if we provide you with an nbn service or any services related to an nbn service or to the nbn network, we may disclose information about you to NBN Co.

Responsibility for any use of a service

You are responsible and have to pay for any use of your service, whether you authorise it or not. Additionally, if you do not disconnect your service when you leave your premises, you will still have to pay for any use of the service by later occupants or any other person.

Device and equipment ownership

We retain title and ownership of any device, hardware, accessory or equipment you purchase from us until you have paid us in full for that device, hardware, accessory or equipment. For example, if you are paying for a device in multiple instalments over a 24-month period, you do not own that device until you have paid the total price for that device.

We may update Our Customer Terms or your service from time to time

From time to time, we may change Our Customer Terms or your service (including changing the pricing, features and inclusions for your service – or moving you to a new service if your existing or previous service is no longer available). Generally speaking, if the change is likely to benefit you or to have a neutral impact on you, we will not inform you of the change. In other circumstances, we will inform you of the change in advance.

However, if you are a Small Business customer and have a service with us on a fixed term contract, we will not change the charges for that service during the relevant fixed term without your consent, except for third-party charges that we choose or are required to pass-through to you, which we can change as set out in the previous paragraph.

Please refer to Our Customer Terms (including the General Terms that apply to you and the section of Our Customer Terms that apply to your service) for more details.

Renewal of your service

Unless specified otherwise in the relevant section of Our Customer Terms or in your separate agreement with us, your service will renew and continue on a month-to-month basis at the end of its fixed or minimum term.

Early termination charges for fixed-term contracts

Unless otherwise set out in Our Customer Terms, if your service is provided on a fixed-term basis (e.g. 12 months or 24 months) and it is cancelled (in whole or in part) before the end of its fixed term for any reason other than our material breach (including, for example, if you move to a different service or downgrade ore reduce the scope of your service), we may charge you an early termination charge. The applicable early termination charge (if any) is set out in the relevant Critical Information Summary (if any) or section of Our Customer Terms for your service. We will not charge you an early termination charge if we terminate your service without cause.

Device and equipment repayment

If you purchase any device, accessory, hardware or equipment from us via any payment or repayment plan or option (such as any Mobile Repayment Option, Accessory Repayment Option, Device Purchase Plan or Device Payment Contract) and either it or the service to which it is associated is cancelled, you will be required to pay the remainder of the applicable price for the relevant device, accessory, hardware or equipment.

Failure to return equipment

If you are required to return any device, equipment, hardware or accessory to us and you fail to return it to us when required, we may either, as applicable and as set out in the section of Our Customer Terms for your service:

• charge you a non-return fee to replace the relevant device, equipment, hardware or accessory; or
• enter your premises to re-take possession of the relevant device, equipment, hardware or accessory, in which case you must pay us any reasonable expenses we incur as a result of re-taking possession of the relevant device, equipment, hardware or accessory.

Please refer to the section(s) of Our Customer Terms that apply to your service(s) for more details.

Migration to the NBN

If we decide or are required to transfer your service to the NBN, we may, by giving you prior reasonable notice, either transfer you to an alternative service provided on the NBN (and cancel your existing service) or cancel your existing service, in which case we will not charge you an early termination charge.

Termination for unusual or excessive use

We can cancel your service at any time if it is used in an excessive or unusual way.

Services may not be continuous or fault free

We will use due care and skill in providing our services but, in particular due to the nature of telecommunications systems (including our services’ reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault-free.

Our liability to you may be limited or excluded

Depending on the circumstances and subject to any right you may have under the Australian Consumer Law, our liability to you may be limited or excluded entirely (and we may disclaim or exclude specific guarantees, warranties or liabilities) in relation to your agreement with us and your service (or certain aspects of your service), as set out in the relevant section(s) of Our Customer Terms.

For more details on how we limit or exclude our liability to you, please refer to:

• if you are a Small Business customer, the General Terms for Small Business section of Our Customer Terms; or

• if you are a Corporate customer, the General Terms for Corporate Customers section of Our Customer terms,
as well as the relevant section of Our Customer Terms that apply to you your service(s).

NBN Co’s liability to you

Unless specified otherwise in the section of Our Customer Terms that apply to your services, if we provide you with an nbn service then to the extent permitted by law and subject to any non-excludable rights you may have under consumer protection laws, NBN Co is not liable for any loss or damage in connection with the nbn services.

Please refer to the General Terms for Small Business Customers to determine whether you are a Small Business customer.

Early cancellation before the start of your service

If you cancel your service before we start to provide it to you, we may charge you any reasonable costs we incur as a result of preparing to provide the service to you.

We can cancel your service

If your service is provided on a month-to-month basis, we can cancel your service at any time if we tell you at least 30 days in advance, or if we transfer you to a reasonably comparable alternative service.

If your service is provided on a fixed term basis (e.g. 12-month or 24-month), we can cancel your service at any time if we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate to you and not requiring your to pay an early termination charge) and/or if we transfer you to a reasonably comparable or better alternative service for the remainder of your fixed length contract (including, for example, if we migrate your service to an NBN service).

Early cancellation before the start of your service

If you cancel your service before we start to provide it to you, we may charge you any costs we incur as a result of preparing to provide the service to you.

We may exit or withdraw a service

If we decide to exit or withdraw a service, we may, by giving you prior reasonable notice, either transfer you to an alternative service (and if the alternative service is materially detrimental to you, you can cancel your service without having to pay any early termination charge) or cancel your service.

Incorrect bills or charges

Any claim that charges in a bill are incorrect must be made within 12 months of the bill’s due date.

Indemnities

You are required to indemnify and pay us for:

• any loss, damage or cost we suffer or incur in relation to your failure to arrange and pay for any trenching or other equipment needed to house any cabling that we have to install at your premises to connect your service;
• any loss or damage we suffer in relation to your use (or attempted use) of your service or of any equipment you use in connection with your service;
• any costs (including legal costs) we incur in relation to any breach by you of the sections of Our Customer Terms that apply to your or your services.

Disclosure of personal information to certain third parties

Our Privacy Statement explains how we collect, use, store, disclose and handle your personal information.

In particular, you should be aware that, if we use a third-party service provider to provide a service to you, we may disclose your personal information to that third-party service provider for the purpose of providing the relevant service to you.

Responsibility for any use of a service

You are responsible and have to pay for any use of your service, whether you authorise it or not.

Device and equipment ownership

We retain title and ownership of any device, hardware, accessory or equipment you purchase from us until you have paid us in full for that device, hardware, accessory or equipment. For example, if you are paying for a device in multiple instalments over a 24-month period, you do not own that device until you have paid the total price for that device.

We may update our Digital Services Agreement, Service Terms or your service from time to time

From time to time, we may change the Digital Services Agreement, the Service Terms or your service. Generally speaking, if the change is likely to benefit you or to have a neutral impact on you, we will not inform you of the change. In other circumstances, we will inform you of the change in advance.

Please refer to our Digital Services Agreement for more details.

Early termination charges for fixed-term contracts

Unless otherwise set out in the relevant Service Terms, if your service is provided on a fixed-term basis (e.g. 12 months or 24 months) and you cancel it (in whole or in part) before the end of its fixed term for any reason other than our material breach or because we have made a change to our terms or to your service that is detrimental to you, we may charge you an early termination charge. The applicable early termination charge (if any) is set out in the relevant Critical Information Summary (if any) or the relevant Service Terms for your service. We will not charge you an early termination charge if we terminate your service without cause.

Failure to return equipment

If you are required to return any hardware to us and you fail to return it to us when required, we may either:

• charge you a non-return fee to replace the relevant hardware; or
• enter your premises to re-take possession of the relevant hardware, in which case you must pay us any reasonable expenses we incur as a result of re-taking possession of the relevant hardware.

Early cancellation before the start of your service

If you cancel your service before we start to provide it to you, we may charge you any reasonable costs we incur as a result of preparing to provide the service to you.

We may exit or withdraw a service

If we decide to exit or withdraw a service, we may, by giving you prior reasonable notice, either transfer you to an alternative service (and if the alternative service is materially detrimental to you, you can cancel your service without having to pay any early termination charge) or cancel your service.

Services may not be continuous or fault free

We will use due care and skill in providing our services but, in particular due to the nature of telecommunications systems (including our services’ reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault-free.

Our liability to you may be limited or excluded

Depending on the circumstances and subject to any rights you may have under the Australian Consumer Law, our liability to you may be limited or excluded entirely (and we may disclaim or exclude specific guarantees, warranties or liabilities) in relation to your agreement with us and your service (or certain aspects of your service), as set out in your agreement with us.

For more details on how we limit or exclude our liability to you, please refer to the Digital Services Agreement as well as the relevant Service Terms for your services.

Disclosure of personal information to certain third parties

Our Privacy Statement explains how we collect, use, store, disclose and handle your personal information.

In particular, you should be aware that, if we use a third-party service provider to provide a service to you, we may disclose your personal information to that third-party service provider for the purpose of providing the relevant service to you.

Responsibility for any use of a service

You are responsible and have to pay for any use of your service, whether you authorise it or not.

Renewal of your service

Unless specified otherwise in the relevant Service Schedule, your service will renew and continue on a month-to-month basis at the end of its fixed or minimum term.

Early termination charges for fixed-term contracts

Unless otherwise set out in the relevant Service Schedule, if your service is provided on a fixed-term basis (e.g. 12 months or 24 months) and you cancel it (in whole or in part) before the end of its fixed term for any reason other than our material breach or because we have made a change to our terms or to your service that is detrimental to you, then we may charge you an early termination charge. The applicable early termination charge (if any) is set out in the relevant Critical Information Summary (if any) or in the relevant Service Schedule for your service. We will not charge you an early termination charge if we terminate your service without cause.

NBN Co’s liability to you

If we provide you with an nbn service then to the extent permitted by law and subject to any non-excludable rights you may have under consumer protection laws, you may not make a claim against nbn™ in connection with the nbn service that we supply to you.

Failure to return equipment

If you are required to return any hardware to us and you fail to return it to us when required, we may either:

• charge you a non-return fee to replace the relevant hardware; or
• enter your premises to re-take possession of the relevant hardware, in which case you must pay us any reasonable expenses we incur as a result of re-taking possession of the relevant hardware.

Early cancellation before the start of your service

If you cancel your service before we start to provide it to you, we may charge you any reasonable costs we incur as a result of preparing to provide the service to you.

We may exit or withdraw a service

If we decide to exit or withdraw a service, we may, by giving you prior reasonable notice, either transfer you to an alternative service (and if the alternative service is materially detrimental to you, you can cancel your service without having to pay any early termination charge) or cancel your service.

Services may not be continuous or fault free

We will use due care and skill in providing our services but, in particular due to the nature of telecommunications systems (including our services’ reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault-free.

Our liability to you may be limited or excluded

Depending on the circumstances and subject to any rights you may have under the Australian Consumer Law, our liability to you may be limited or excluded entirely (and we may disclaim or exclude specific guarantees, warranties or liabilities) in relation to your agreement with us and your service (or certain aspects of your service), as set out in your agreement with us.

For more details on how we limit or exclude our liability to you, please refer to the Business Services Agreement as well as the relevant Service Schedules for your services.

Changes to the terms

We may change the Telstra Connect Terms and Conditions by publishing an updated version on the platform. If you continue to use the platform, you will be deemed to accept any updated terms.

Services may not be continuous or fault free

We will use due care and skill in providing the platform but we cannot promise that the platform will be accurate, complete, continuously available or fault-free.

Disclosure of personal information to certain third parties

Our Privacy Statement explains how we collect, use, store, disclose and handle your personal information.

In particular, you should be aware that, if we use a third-party service provider to provide a service to you, we may disclose your personal information to that third-party service provider for the purpose of providing the relevant service to you.

Responsibility for any use of a service

You are responsible and have to pay for any use of your account, whether you authorise it or not.

Our liability to you may be limited or excluded

Depending on the circumstances and subject to any rights you may have under the Australian Consumer Law, our liability to you may be limited or excluded in relation to the platform or your use of the platform.

For more details on how we limit or exclude our liability to you, please refer to the Telstra Connect Terms and Conditions.

Cancellation and suspension

We may cancel your International Roaming Day Pass at any time. We may also suspend your International Roaming Day Pass on 30 days’ written notice.

Automatic renewal and migration – Simple Saver Plans, Value Plans and Value Plus Plans

If you have a Simple Saver Plan, Value Plan or Value Plus Plan, at the end of your minimum fixed-term for your plan you will remain on the same plan. If your plan is no longer available, we may roll your service over to any other current plan which is reasonably comparable or require you to move to any other current plan. We will tell you before this happens.

Automatic renewal and migration – Amway plans

If you have an Amway Mobile Broadband Data Plan or an Amway Member Data Plan, at the end of your minimum fixed-term for your plan you will remain on the same plan. If your plan is no longer available, we may roll your service over to any other current plan which is reasonably comparable. We will tell you before this happens. If you are not happy with your new plan, you may terminate by giving us notice.

Assignment, novation and security grant

If you have a Mobile Repayment Option (MRO), Device Payment Contract (DPC) or Accessory Repayment Option (ARO) with us, then we may, without your consent and without notice to you, freely assign, novate, grant security over or otherwise deal with our rights and obligations under or in connection with the MRO, DPC or ARO (as applicable) to any person at any time. For example, we may do so in connection with a sale of our debts, securitisation or other financing arrangement. You cannot assign or otherwise deal with your rights or obligations under or in connection with the MRO, DPC or ARO.

End User Licence Agreement for the PTT Client App

Before accessing and using the PTT Client App, you must accept and comply with, and must ensure that each of your end users accepts and complies with, the end user licence agreement for the PTT Client App, which is available through the PTT Client App and may be amended by us from time to time.

Indemnity

You are required to indemnify us in connection with your breach certain obligations under the Other Call Types section of Our Customer Terms that relate to your compliance with privacy, surveillance and workplace surveillance laws in relation to the Push to Talk service. Please refer to the Push to Talk provisions in the Other Call Types section of Our Customer Terms for more details.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Cancellation and migration

If you are a postpaid mobile customer and do not use your MessageBank service to retrieve messages for six months or more, we may cancel your MessageBank service and move you to the Message2txt™ service.

If you are a prepaid mobile customer and do not use your MessageBank service to retrieve messages for three months or more, we may cancel your MessageBank service and move you to the Message2txt™ service.

Automatic renewal and migration

At the end of your contract term, your service will remain on the same MMES plan on a month-to-month basis. If that MMES plan is no longer available, we may roll your service on to any other plan which is reasonably comparable. We will tell you before this happens. If you are not happy with your new plan, you may terminate that plan by telling us.

Automatic renewal and migration

At the end of your contract term, your service will remain on the same Exchange Online Mobile Email plan on a month-to-month basis. If that Exchange Online Mobile Email plan is no longer available, we may roll your service on to any other plan. We will tell you before this happens. If you are not happy with your new plan, you may terminate that plan by telling us.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service or agreement we rely on to provide Carrier Billing Services to you in relation to your BIS or BER service, we may suspend or terminate such Carrier Billing Services after giving you as much notice as is possible (but we cannot guarantee that we will be able to provide any prior notice).

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service or agreement we rely on to provide the Bill my Telstra account service to you in relation to Google Play, we may suspend or terminate the Bill my Telstra account service after giving you as much notice as is possible (but we cannot guarantee that we will be able to provide any prior notice.

Indemnity

You are required to indemnify our third party service provider (Teletrac Navman) and us in relation to any breach by you of certain obligations under Part G – Data Services of Our Customer Terms that relate to your use of the Teletrac Navman solution and Teletrac Navman’s confidential information. Please refer to the Teletrac Navman provisions in Part G – Data Services of Our Customer Terms for more details.

Indemnity

You are required to indemnify us in relation to any claim by any user of a mobile device in connection with which Xora TimeTrack Business Plus is used that arises from any available field alert feature of Xora TimeTrack Business Plus.

Automatic renewal for Cloud Storage for T-MDM Shared Platform

If you have taken up a 12-month Cloud Storage service with your T-MDM Shared Platform, then at the end of the 12-month term and each subsequent renewal term, your Cloud Storage service will automatically renew for a further 12-month period, unless you notify us at any time prior to the end of the then-current 12-month period.

Automatic migration from Trial T-MDM service to paid T-MDM service

At the end of your trial period for the T-MDM portal, you will be automatically moved to a paid T-MDM portal service.

Indemnities

You are required to indemnify us in relation to any breach by you of your T-MDM related obligations under Part G – Data Services of Our Customer Terms. Please refer to the T-MDM provisions in Part G – Data Services of Our Customer Terms for more details.

You are required to indemnify us in relation to your failure to comply with the T-MDM related provisions in Part K – Enterprise Mobility Management of Our Customer Terms. Please refer to the T-MDM provisions in Part K – Enterprise Mobility Management of Our Customer Terms for more details.

If you are using the Zimperium Intrusion Protection Solution as part of your T-MDM service, you are also required to indemnify us and our third-party service providers in relation to your unauthorised use of the Zimperium Intrusion Protection Solution or any other breach by you of the Zimperium Intrusion Protection Solution related terms in Part K – Enterprise Mobility Management of Our Customer Terms.

Indemnity

You are required to indemnify our third party service provider (Fleet Complete) and us in relation to any breach by you of your obligations in relation to the Fleet Complete solution under Part G – Data Services of Our Customer Terms. Please refer to the Fleet Complete provisions in Part G – Data Services of Our Customer Terms for more details.

Indemnities

You are required to indemnify us in relation to any unauthorised modification or alteration that you make to the MTData In-Vehicle Telematics solution (including if such unauthorised modification or alteration infringe the intellectual property rights of any person).

You are required to indemnify us in relation to any breach by you of your MTData In-Vehicle Telematics related obligations under Part G – Data Services of Our Customer Terms.

Please refer to the MTData In-Vehicle Telematics provisions in Part G – Data Services of Our Customer Terms for more details.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnities

You are required to indemnify us in relation to any claim against us that arises from your failure to comply with any law in connection with the IoT Connection Manager service.

You are also required to indemnify us in relation to any breach by you of certain obligations under Part G – Data Services: IoT, LPWAN, and Telstra Wireless Machine to Machine of Our Customer Terms that relate to your use of the IoT Connection Manager service and to your compliance with applicable laws and our reasonable information security policies and procedures. Please refer to the IoT Connection Manager provisions in Part G – Data Services: IoT, LPWAN, and Telstra Wireless Machine to Machine of Our Customer Terms for more details.

Additional indemnities if you are a reseller

If you resell the IoT Connection Manager service to any person, you are required to indemnify us in relation to:

• any service or device you bundle with the IoT Connection Manager service;
• the use of the IoT Connection Manager service (or any part of it) by you or your customers other than in accordance with Our Customer Terms;
• any loss of or damage to any tangible property or equipment, or any death of or personal injury to any person, that is caused by your or your customer’s negligence;
• any claim regarding our use of your trademarks, logos or other branding devices for the purposes of promoting the IoT Connection Manager service; and
• any claim arising out of your or your customer’s violation of any law in connection with your or your customer’s use of the IoT Connection Manager service.
  

Indemnities if you are a reseller

If you resell the Telstra Wireless M2M service or the Control Centre service to any person, you are required to indemnify us in relation to:

• any service or device you bundle with the Telstra Wireless M2M service or Control Centre service;
• the use of the Telstra Wireless M2M service (or any part of it) or Control Centre service (or any part of it) by you or your customers other than in accordance with Our Customer Terms;
• any loss of or damage to any tangible property or equipment, or any death of or personal injury to any person, that is caused by your or your customer’s negligence;
• any claim regarding our use of your trademarks, logos or other branding devices for the purposes of promoting the Telstra Wireless M2M service or Control Centre service; and
• any claim arising out of your or your customer’s violation of any law in connection with your or your customer’s use of Telstra Wireless M2M service or Control Centre service.
  

Termination or suspension due to termination or suspension by our third-party supplier

International roaming involves reliance on overseas carriers. We may terminate your IoT Subscription Plan if requested to do so by any overseas telecommunications carrier.

Changes and cancellation

We may change or cancel your service at any time, but we will give you reasonable notice before any such change or cancellation takes effect.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your service (or any part of it), we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Cancellation or suspension

We can suspend or cancel your Telstra Device Enrolment Service by telling you in writing if we are required to do so under the terms of our agreement with the relevant third-party device manufacturer.

Automatic renewal

If you have an enterprise plan, then, unless you notify us at least 30 days prior to the expiry of the then-current term for your Telstra Messaging API that you wish to cancel your service, your plan will automatically renew for a further 12-month term.

Changes and cancellation

We may change or cancel your service at any time, but we will give you reasonable notice before any such change or cancellation takes effect.

Automatic renewal

If you add modules and software licences to your Telstra Integrated Messaging service, such licences will automatically renew on a rolling 12-month basis unless you notify us at least 30 days prior to the expiry of the then-current 12-month period that you wish to cancel that licence.

Indemnity

You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of the Mobility Helpdesk service. You are required to indemnify us in relation to your failure to comply with this obligation.

Indemnity

Some of the software included in or that forms part of your Telstra Mobile Network Security service is provided by our third-party supplier, Alcatel Lucent. You are required to indemnify Alcatel Lucent in relation to your use, sale or distribution of such software in any hazardous environments requiring fail-safe performance (including, but not limited to, aircraft navigation or communication systems, air traffic control, in the operation of nuclear facilities, direct life support machines or defence systems) in which any failure could lead directly to death, personal injury, or severe physical or environmental damage.

Third party terms

You or your end users may be required to agree to further end user licence agreements with us or our third-party supplier(s) to be able to access and receive your EMMS service or certain components of the EMMS service.

Termination due to termination by our third-party supplier

If you are an EMMS customer, then if our third-party supplier terminates a service we rely on to provide your service (or any part of it), we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Changes to Supported Devices

If you are an EMMS customer, then we may change the devices that are compatible with the EMMS service from time to time on written notice to you.

Indemnity

If you are an EMMS customer, you are required to indemnify in relation to your failure to comply with the “Change and Release Management Process” or “Your Obligations” provisions in Part K – Enterprise Mobility Management of Our Customer Terms. Please refer to EMMS provisions in Part K – Enterprise Mobility Management of Our Customer Terms for more details.

Liability for your inputs and materials

You are responsible for any loss, damage, liability, costs or expenses we incur as a result of a claim that any inputs or material provided by you or its use by us in accordance with your Professional Services infringes the intellectual property rights of any person.

Additional and third-party terms

If we supply any software to you in connection with your Telstra Internet Direct service, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Additional and third-party terms

If we supply any software to you, or grant you access to any platform or portal, in connection with your Telstra Business Broadband service, your use of any such software, platform or portal is subject to the terms and conditions that accompany it or that are supplied with it.

Automatic migration to the NBN

We can transfer your Small Business Broadband service either before or after the end of your fixed-term contract on 30 days’ notice to you to a service supplied using our Standard Busy Period Speed plan on the nbn™ network.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your service (or any part of it), we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Additional and third-party terms

If we supply any software to you in connection with your Internet Protection Service, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your service (or any part of it), we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

• all reasonable costs we incur in connection with repairing, modifying, or altering our equipment in circumstances where we need to do so because of your equipment or anything you have done;
• if you fail to comply with the “What you must do” provisions in the Adaptive Networks – Telstra Fibre section of Our Customer Terms, any costs we incur from such failure (including costs associated with down time and re-scheduling of resources);
• all expenses we incur in connection with identifying any fault and reconfiguring your Telstra Fibre service if you failed to give us accurate equipment configurations that we need to set up your Telstra Fibre with compatible configurations; and
• all costs and expenses we incur in replacing or repairing our equipment or other property that is damaged, destroyed or that requires attention as a result of your connecting any equipment to our network, any change to your equipment or any interference by your equipment with any of our property.

Please refer to the Adaptive Networks – Telstra Fibre section of Our Customer Terms for more details.

Consent and approval for installation of an HFC nbn Access Service

If anyone else owns, uses or is the account holder for fixed line services delivered via an existing HFC cable service at your location or at premises neighbouring your location, you will need to seek approval from them for the installation of an HFC nbn Access Service at your location prior to the installation, including their consent that their access to the existing service may be momentarily lost during the installation.

If you fail to do so, you must pay us all costs and expenses we incur, and reimburse us for any direct loss or damage we incur, arising from your failure to obtain such approval and consent.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

• all reasonable costs we incur in connection with repairing, modifying, or altering our equipment in circumstances where we need to do so because of your equipment or anything you have done;
• any costs and expenses we incur in replacing or repairing any of our plant, equipment or other properties that is damaged or destroyed as a result of any equipment that you provide, or any change to your equipment or any interference by your equipment with any of our property; and
• any costs we incur if you store or use inflammable or other dangerous substances in or near any infrastructure, cable or associated equipment build installed or used by NBN Co as part of an nbn Access Build, or if you alter, damage, interfere or repair (or attempt to repair) any such infrastructure, cable or associated equipment build;
• any cost we incur if you interfere with the performance of the nbn Access Build or of a site feasibility assessment regarding the availability of an nbn Access Build, any inspection, maintenance or installation of any infrastructure, cable or associated equipment build installed or used by NBN Co as part of an nbn Access Build, or the exercise of any of our or NBN Co’s rights or the performance of our or NBN Co’s obligations under our agreement with you.

Please refer to the Adaptive Networks – NBN Access section of Our Customer Terms for more details.

Claims against NBN Co

To the extent permitted by law and subject to any non-excludable rights you may have under consumer protection laws, you must not bring a claim against NBN Co in connection with any products or services which are direct or indirect inputs to any nbn Access Services or in connection with the design and installation of any infrastructure required for the nbn network to be made available at your premises.

This does not apply to claims relating to damage to or loss of tangible property caused or contributed to by NBN Co, or death or personal injury or any person caused or contributed to by NBN Co’s wilful acts or omissions or by any equipment or networked owned, controlled or operated by NBN Co.

Cancellation of nbn Access Build

We may also cancel the nbn Access Build if an agreement or order between NBN Co and us that is required for us to provide the nbn Access Build, is terminated or cancelled for any reason.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

any costs and expenses reasonably incurred by us in replacing or repairing plant, equipment or any of our property that is damaged or destroyed as a result of the connection of your equipment to our public communications network or as a result of any modification to, alteration to, or interference with, any of our property, except to the extent that such damage or destruction is caused by us;

if you fail to return any equipment when required, any costs reasonably incurred by us in attempting to recover that equipment and, if we are unable to recover that supplied equipment, the greater of the market value and the written down book value of that supplied equipment; and

all costs reasonably incurred by us in installing any replacement supplied equipment, re-installing, repairing or replacing (at our option) any supplied equipment that is damaged, destroyed, lost, stolen or otherwise required as a result of your actions or your breach of Our Customer Terms. Where possible we will provide an estimate of the likely costs before incurring them.

Your liability for specific costs and expenses

You must pay us for all costs and expenses we incur in connection with repairing, modifying or altering any of our property where those costs or expenses are caused by your equipment being connected to or interfering with our telecommunications network.

Withdrawal and cancellation of IP Solutions

We can withdraw IP Solutions, and cancel your IP Solutions, at any time by telling you in writing 30 days beforehand.

Service restrictions

We can restrict your ability to perform network query tests at any time.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your M2M VPN Solution, Telstra Wireless M2M service or Telstra Wireless M2M Control Centre, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

• all reasonable costs we incur in connection with repairing, modifying, or altering our equipment in circumstances where we need to do so because of your equipment or anything you have done;
• if you fail to comply with the “What you must do” provisions in the Cloud Direct Connect section of Our Customer Terms, any costs we incur from such failure (including costs associated with down time and re-scheduling of resources);
• all expenses we incur in connection with identifying any fault and reconfiguring your Cloud Direct Connect service if you failed to give us accurate equipment configurations that we need to set up your Cloud Direct Connect with compatible configurations;
• all costs and expenses we incur in replacing or repairing our equipment or other property that is damaged, destroyed or that requires attention as a result of your connecting any equipment to our network, any change to your equipment or any interference by your equipment with any of our property; and
• if your Cloud Direct Connect service is terminated for any reason other than our breach, any reasonably costs in connection with our collection of our equipment from the relevant premises.

Please refer to the Cloud Direct Connect section of Our Customer Terms for more details.

Your liability for specific costs and expenses

You must pay us any costs we incur in repairing or replacing any property that is damaged or destroyed as a result of your connecting data terminal equipment to our network.

Additional and third-party terms

If we supply any software to you (including as incorporated into any equipment (if any) we provide to you) in connection with your Managed Data Networks service, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Devices no longer supported

If you have an MDN Custom service, we may terminate your MDN Custom service in relation to a device if we no longer support that device by giving you at least 30 days’ written notice.

If you have an MDN Bundle service or rent a device from us and we are no longer able to support the relevant device, we may, by giving you at least 30 days’ notice, either replace the device with a substantially equivalent or better device if you are still within your minimum term, or terminate your MDN Bundle service in relation to that equipment if your fixed term has expired.

Indemnity (Managed Wi-Fi Dedicated service only)

If we are providing you with a Managed Wi-Fi Dedicated service, you are required to indemnify us in relation to the use of any of your devices that accesses or is used to access the Managed Wi-Fi Dedicated service.

Additional and third-party terms

If we supply any software to you (including as incorporated into any equipment (if any) we provide to you) in connection with your Managed Security Services, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Devices no longer supported

We may terminate your Managed Security Services in relation to a device if we no longer support that device by giving you at least 30 days’ written notice.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

if your National Ethernet service is terminated for any reason other than our breach, any reasonably costs in connection with our collection of our equipment from the relevant premises; and

if you fail to comply with the “National Ethernet Equipment” provisions in the National Ethernet section of Our Customer Terms, any costs we incur from such failure (including costs associated with down time and re-scheduling of resources, and costs to replace, repair or modify your service, our equipment or other property).

Please refer to the National Ethernet section of Our Customer Terms for more details.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

• any costs and expenses reasonably incurred by us in replacing or repairing equipment or any of our property that is damaged or destroyed as a result of the connection of your equipment to our public communications network or as a result of any modification to, alteration to, or interference with, any of our property, except to the extent that such damage or destruction is caused by us; and
• if you fail to return any equipment when required, any costs reasonably incurred by us in attempting to recover that equipment and, if we are unable to recover that supplied equipment, the greater of the market value and the written down book value of that supplied equipment.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your Remote Telemetry service, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Additional and third-party terms

If we supply any software to you (including as incorporated into any equipment (if any) we provide to you) in connection with your Remote Telemetry service, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Third-party terms

Your use of any Palo Alto Networks software as part of a SecureEdge service is subject to your acceptance of and compliance with the Palo Alto Networks end user licence agreement. Please refer to the SecureEdge section of Our Customer Terms for more details.

Your responsibilities

You must provide various inputs and do various things to enable us to perform the Security Consulting Services. These inputs and things are set out in the Responsibilities Guide, which can be accessed through the Security Consulting Services section of Our Customer Terms or otherwise provided by us on request. We may update the Responsibilities Guide from time to time so you must make sure you have the latest version.

Indemnity

You are required to indemnify us in relation to any claim by a third party about or in any way associated with the Security Consulting Services, except to the extent caused by our negligent, wrongful or wilful breach of the Security Consulting Services section of Our Customer Terms.

Indemnities

You are required to indemnify us in relation to any unauthorised use of your usernames and passwords.

You are also required to indemnify us in relation to your scanning of any network assets of a third party without the written authorisation of that third party.

Additional and third-party terms

If we supply any software to you (including as incorporated into any equipment (if any) we provide to you) in connection with your Vulnerability Services, your use of any such software is subject to the terms and conditions supplied with the software or otherwise notified to you.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your Vulnerability Services, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Changes to the Vulnerability Services

We can change any part of the Vulnerability Services, which may include updates to the portal, platform and changes to comply with the law. We may make these changes without telling you if the change is likely to have no more than a minor detrimental impact on you.

Termination without cause

We may terminate your Vulnerability Services by giving you at least 30 days’ written notice.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

• all reasonable costs we incur in connection with repairing, modifying, or altering our equipment in circumstances where we need to do so because of your equipment or anything you have done;
• if you fail to comply with the “What you must do” provisions in the Telstra OpticWave section of Our Customer Terms, any costs we incur from such failure (including costs associated with down time and re-scheduling of resources);
• all expenses we incur in connection with identifying any fault and reconfiguring your Telstra OpticWave service if you failed to give us accurate equipment configurations that we need to set up your Telstra OpticWave with compatible configurations; and
• all costs and expenses we incur in replacing or repairing our equipment or other property that is damaged, destroyed or that requires attention as a result of your connecting any equipment to our network, any change to your equipment or any interference by your equipment with any of our property.

Please refer to the Telstra OpticWave section of Our Customer Terms for more details.

Your liability for specific costs and expenses

Where applicable, you must pay the following to us:

if you fail to comply with the “What you must do” provisions in the Telstra Wavelength section of Our Customer Terms, any costs we incur from such failure (including costs associated with down time and re-scheduling of resources); and

all costs and expenses we incur in replacing, repairing or modifying our equipment or other property, where the need to do so is due to your connecting any equipment to our network, any change to your equipment or any interference by your equipment with any of our property, or anything you have done.

Please refer to the Telstra Wavelength section of Our Customer Terms for more details.

Indemnity

You are required to indemnify us in relation to anything done by us in removing or repossessing our equipment.

Indemnities

You are required to indemnify us in relation to any third party claims in connection with:

• our hosting, storage or use of your data (including hosted phone records and content); or
• your use of your data (including hosted phone records and content) and your failure to comply with the appropriate consent processes, including any failure by you to obtain consent to the recording of calls or the failure of you to notify a person of, and obtain consent to, the recording of a call (whether or not due to human or technical machine error) or retaining or proceeding with recording of a call where consent has not been provided.

You are also required to indemnify us in relation to any claim that any data, recording, music, advertising or information accessible via the service (or the use of any such data, recording, music, advertising or information) infringes the intellectual property rights of any person, except to the extent the claim is due to our negligent or wrongful act or omission or our breach of the CallN by Telstra section of Our Customer Terms.

Please refer to the CallN by Telstra section of Our Customer Terms.

Additional termination rights

If you are a Corporate customer, we may cancel your Conferencing service at any time if we tell you at least 30 days beforehand. If we cancel your Conferencing services in this way, we will not charge you any early termination charge. Please refer to the General Terms for Corporate Customers to determine whether you are a Corporate customer.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your Web Conferencing Service Powered by Webex, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnity

You are required to indemnify us in relation to any claim that the use of any branding you provide to us in connection with your service infringes the rights (including intellectual property rights and moral rights) of any person.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your Telstra Integrated Audio with Webex, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your Telstra Video Collaboration Service, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

API withdrawal

We may from time to time change or discontinue our APIs but where we do so, to the extent reasonably practicable, we will use commercially reasonable efforts to continue supporting the previous version of those APIs for up to 12 months from the change or discontinuance.

Alternative service and termination rights

If our third-party supplier terminates a service we rely on to provide your Content Delivery service and we are unable to procure an alternative replacement third-party service or to provide the service ourselves, we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnity

You are required to indemnify us in relation to any breach by you of certain obligations under the Content Delivery section of Our Customer Terms that relate to your privacy related obligations, your obligations in relation to malware protection for your systems, and your obligations to ensure that content you provide to us does not infringe the intellectual property rights of any third party. Please refer to the Content Delivery section of Our Customer Terms for more details.

Indemnities

You are required to indemnify us in relation to:

• the carriage of communications via the DVN Service (whether or not that carriage is authorised by you and whether or not the DVN Service successfully carries those communications);
• your failure to comply with any applicable laws, regulations, orders, program standards or codes of practice; or
• any claims or allegations that the communications (or any part of them) breaches any law or infringes the rights of any person (including intellectual property rights and moral rights).

Suspension rights

We may suspend the MMC Service in the event that we are required or entitled to suspend our public 3G/4G/LTE mobile network (for example, for maintenance or due to an event beyond our reasonable control which prevents provision of the service).

Indemnity

You are required to indemnify us in relation to any claim that any content (or the use of any content) on the MMC Service infringes the intellectual property rights of any person, except to the extent the claim is due to our negligent or wrongful act or failure to act.

Please refer to the Managed Media Contribution section of Our Customer Terms for more details.

Indemnity

You warrant that the permitted or necessary use of any intellectual property you provide to us in relation to your service will not infringe the intellectual property rights of any person or constitute misuse of any person’s confidential information. You indemnify us in relation to any breach of that warranty. Please refer to the Managed Voice Service section of Our Customer Terms for more details.

Unserviceable equipment

If we think that any of your PABX equipment that we support is no longer serviceable under your current Managed Voice Service, we may (at our option) either increase the charges for the maintenance of the equipment (subject to your approval) or cease to provide maintenance in relation to the equipment (in which case we will notify you in writing). Please refer to the Managed Voice Service section of Our Customer Terms for more details.

Additional equipment

If we reasonably determine that new equipment is or has been located with the existing equipment that we maintain as part of your service such that we (acting reasonably) have performed or are likely to perform maintenance services in respect of the new equipment, then we may (in our absolute discretion) give you written notice that the new equipment will be maintained by us as part of your service and you must pay the relevant fees for the maintenance services performed on the new equipment, based on our then-current rates.

Indemnity

You warrant that the permitted or necessary use of any intellectual property you provide to us in relation to your service will not infringe the intellectual property rights of any person or constitute misuse of any person’s confidential information. You indemnify us in relation to any breach of that warranty. Please refer to the Telstra Business Systems Care section of Our Customer Terms for more details.

Automatic renewal

Unless you give us a written notice of termination no less than one month prior to the expiry of the then-current term for your service, your service will be automatically renewed

• for a period equal to the minimum term for your service if the minimum term is 12 months or less; or
• for 12 months if the minimum term for your service is more than 12 months.

Termination and variation rights

We may terminate or vary your service on reasonable written notice to you if, in our opinion:

• parts necessary to maintain the whole or part of the relevant equipment in accordance with your selected option are no longer readily available or manufactured;
• support in respect of the software necessary to operate the whole or part of the relevant equipment is no longer available; or
• the relevant equipment is damaged or destroyed to the extent that the whole or part of the equipment cannot be used, and it is not economically viable for the equipment to be repaired or restored.
  

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier terminates or suspends a service we rely on to provide your Managed Video Conferencing service, we may replace or modify your service (or the relevant part of it) or terminate or suspend your service (or the relevant part of it). We will give you as much notice as is reasonably possible in the circumstances.

Indemnity

If you have a myWorkplace Booking Service, you are required to indemnify us in relation to any breach by you of certain obligations under the myWorkplace section of Our Customer Terms that relate to your compliance with privacy laws (including your obligation to obtain all consents and make all disclosures required to use the service and provide personal information to Telstra in connection with the service). Please refer to the myWorkplace Booking Service provisions in the myWorkplace section of Our Customer Terms for more details.

Automatic renewal

Your myWorkplace Booking Service automatically renews for successive 12-month periods. You can terminate your myWorkplace Booking Service at any time by giving us 30 days’ written notice.

Termination rights

We may terminate your myWorkplace Booking Service at any time on 30 days’ written notice to you.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnity

If you have a myWorkplace Occupancy Service, you are required to indemnify us in relation to any breach by you of certain obligations under the myWorkplace section of Our Customer Terms that relate to your compliance with privacy and workplace surveillance laws (including your obligation to obtain all consents and make all disclosures required to use the service and provide personal information to Telstra in connection with the service). Please refer to the myWorkplace Occupancy Service provisions in the myWorkplace section of Our Customer Terms for more details.

Termination without cause

We may terminate your myWorkplace Occupancy Service at any time on 30 days’ written notice to you.

Termination due to termination by our third-party supplier

If our third-party supplier terminates a service we rely on to provide your service (or any part of it), we may terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Additional and third-party terms

Our third-party supplier may require you to agree to additional terms and policies (such as their privacy policies) in order to continue receiving the myWorkplace Occupancy Services. We will notify you of such terms and policies and how to accept them. If you do not accept those terms and policies you may not be eligible to continue to receive the myWorkplace Occupancy Services and we may (immediately on notice to you) either suspend the myWorkplace Occupancy Services until you choose to accept those terms and policies or terminate the myWorkplace Occupancy Services.

Alternative service and termination and suspension rights

If our third-party supplier terminates or suspends a service we rely on to provide your Online Video Solution and we are unable to procure an alternative replacement third-party service or to provide the service ourselves, we may terminate or suspend your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnities

You are required to indemnify us in relation to any claim against us by any of your end users in respect of your streaming video service the delivery of which is facilitated by the Online Video Solution.

You are also required to indemnify us in relation to any breach by you of certain obligations under the Online Video Solution section of Our Customer Terms that relate to your privacy related obligations (including your obligation to obtain all consents and make all disclosures required to provide personal information to Telstra), your obligations in relation to malware protection for your systems, and your obligations to ensure that content you provide to us does not infringe the intellectual property rights of any third party. Please refer to the Online Video Solution section of Our Customer Terms for more details.

Your liability for specific costs and expenses

You are responsible for any loss, damage, liability, costs or expenses incurred by us as a result of a claim that any inputs or material provided by you or its use by us in accordance with your Network Services or Network Equipment infringes the intellectual property rights of any person.

Your liability for specific costs and expenses

You are responsible for any loss, damage, liability, costs or expenses incurred by us as a result of a claim that any inputs or material provided by you or its use by us in accordance with your Partner Services or Partner Services Equipment infringes the intellectual property rights of any person.

Indemnities

You are required to indemnify us in relation to any breach by you of certain obligations under the Professional Services section of Our Customer Terms that relate to your compliance with privacy laws (including your obligation to obtain all consents and make all disclosures required to use the service and provide personal information to Telstra in connection with the service). Please refer to the Professional Services section of Our Customer Terms for more details.

You are also required to indemnify us in relation to:

• any claim that any of your materials or intellectual property, or our use of your materials or intellectual property, infringes the rights (including the intellectual property rights) of any third party; or
• any use by a third party (or by you for the benefit of a third party) of the Professional Services or any deliverables we provide to you as part of the Professional Services, except where such use is permitted under your agreement with us.

Cancellation or suspension by our third-party supplier

If our third-party supplier terminates or suspends a service we rely on to provide to you the Professional Services or relevant deliverables, we may replace or modify the Professional Services or deliverables, suspend or cancel the Professional Services or deliverables, or terminate your agreement with us (or the relevant statement of work).

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnity

You are required to indemnify us in relation to any breach by you of certain obligations and provisions under the Telstra High Definition Telehealth Service section of Our Customer Terms. Please refer to the Telstra High Definition Telehealth Service section of Our Customer Terms for more details.

Termination due to cancellation or expiry of third-party supplier agreement

If we are unable to supply your Telstra Monitoring Service due to the expiry or termination of any agreement between us and any of our third-party suppliers, we may cancel your Telstra Monitoring Service (or any part of it). We will give you as much notice as possible in the circumstances

Automatic renewal

Your Visionet Video Service automatically renews for successive 12-month periods unless you notify us before the expiry of the then-current period that you do not wish your service to be renewed.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Assignment of rights

If you breach your obligation to pay the fees for your use of a phoneword, we may assign and transfer our rights and obligations to the third party that owns the phoneword. From the date of that assignment, that third party may invoice you directly for the phoneword and perform our obligations to you in respect of the phoneword.

Termination or suspension due to termination or suspension by our third-party supplier

We may need to cancel your licence to use a phoneword if we no longer have the right to license the phoneword to you. If this happens, we will tell you as soon as reasonably possible and we will use all commercial endeavours to procure a licence from the applicable third party for you to continue using the same phoneword.

No claims in relation to the use of a phoneword by third parties after expiry or termination

After termination or expiry of your phoneword, we or the third party that owns the phoneword may license that phoneword to another person and you must not take action against us or any third party for use of the phoneword (or any trademarks, domain names, company names, business names or other trading names that incorporate the phoneword).
 

Indemnity

You are required to indemnify us in connection with any claim that the information, announcements, advertisements, messages and other content associated with your Network Contact Centre service infringes the rights of any third party, unless that claim is due to our negligent or wrongful act or failure to act.

Indemnities

You are required to indemnify us in connection with:

any claim that the information, announcements, materials and other content associated with your PureEngage service infringes the rights of any third party, unless that claim is due to our negligent or wrongful act or failure to act; and

your failure to ensure the information, announcements, materials and other content associated with your PureEngage service is accurate, is up-to-date, is not misleading, is not defamatory, does not contain offensive language or material, does not breach any applicable laws, standards, content requirements or codes, does not infringe any third-party rights, and does not and will not expose us to the risk of any claim, legal or administrative action or prosecution.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Indemnities

You are required to indemnify us in connection with:

any claim that the information, announcements, materials and other content associated with your Genesys Cloud service infringes the rights of any third party, unless that claim is due to our negligent or wrongful act or failure to act; and

your failure to ensure the information, announcements, materials and other content associated with your Genesys Cloud service is accurate, is up-to-date, is not misleading, is not defamatory, does not contain offensive language or material, does not breach any applicable laws, standards, content requirements or codes, does not infringe any third-party rights, and does not and will not expose us to the risk of any claim, legal or administrative action or prosecution.

Third party terms

You are required to comply with Genesys’ terms, which may be amended from time to time by Genesys. Please refer to the Telstra Contact Centre Genesys Cloud section of Our Customer Terms for more details.

Indemnity

You are required to indemnify us in connection with any claim that the information, announcements, SMS and other content associated with your Enterprise Speech Solution infringes the rights of any third party, unless that claim is due to our negligent or wrongful act or failure to act.

Changes to the service

We may change aspects of the Telstra IP Telephony service when installing, configuring, managing, or supporting the service. Such changes may include (but not be limited to) issuing new authentication credentials.

Indemnity

You are required to indemnify us in relation to incorrect call details being presented to emergency services because you have moved the equipment to which the Telstra IP Telephony service is connected.

Indemnity

You are required to indemnify us in connection with any claim that the information, announcements and other content associated with your Telstra Network IVR service infringes the rights of any third party, unless that claim is due to our negligent or wrongful act or failure to act.

Service restrictions

Some restrictions may apply to your service and we will notify you of these from time to time.

Indemnity

You warrant that the permitted or necessary use of any intellectual property you provide to us in relation to your service will not infringe the intellectual property rights of any person or constitute misuse of any person’s confidential information. You indemnify us in relation to any breach of that warranty. Please refer to the Telstra SIP Connect section of Our Customer Terms for more details.

Automatic renewal

Your service will be automatically renewed for successive 12-month terms, at the then-current charges, unless either party gives the other party notice in writing of its intention not to renew at least 30 days prior to the expiration of the then-current term.

Additional terms

We may require you to agree to a further end user licence agreement to access the Liberate companion app.

Service restrictions

Some restrictions may apply to your service and we will notify you of these from time to time.

Indemnities

You warrant that the permitted or necessary use of any intellectual property you provide to us in relation to your service will not infringe the intellectual property rights of any person or constitute misuse of any person’s confidential information. You indemnify us in relation to any breach of that warranty.

You are also required to indemnify us in relation to incorrect call details being presented to emergency services because you have moved the equipment to which your Telstra Business SIP service is connected.

Please refer to the Business SIP section of Our Customer Terms for more details.

Your liability for replacement, repair or re-installation

If any equipment we have supplied to you in connection with your Telstra Business SIP service is damaged, destroyed, lost, stolen, or otherwise needs to be replaced, reinstalled or repaired as a result of your actions or your breach of Our Customer Terms, you must reimburse us for all costs reasonably incurred by us in re-installing, repairing or replacing the relevant equipment. Where possible we will provide an estimate of the likely costs before incurring them.

Cancellation or suspension due to support discontinuance by our third-party supplier

We may cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if Microsoft discontinues support for the service either in Office 365 or generally.

Indemnity

You are required to indemnify us in connection with your breach of your privacy obligation in relation to the Telstra Calling for Office 365 service under the Telstra Calling for Office 365 section of Our Customer Terms. Please refer to the Telstra Calling for Office 365 section of Our Customer Terms for more details.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your Cloud Service (or any part of it), we may suspend or terminate your Cloud Service (or the relevant part of it).

Cancellation or suspension due to legal or regulatory reasons

We may suspend or cancel your Cloud Service if we determine, in our sole discretion, that our provision of any of the Cloud Services (or any part of any Cloud Services) is no longer practical due to any legal or regulatory reason.

Indemnities

You are required to indemnify us in relation to any third party claim that:

• relates to your data (including hosted content, any data stored on our storage platform and any software or configuration data you install (or which you request we install) on our service platform); or
• arises as a result of or in connection with your use of any Cloud Services products, being the products you are receiving under any Cloud Services section of Our Customer Terms (including any breach by you of the terms of use for that product).

Additional and third-party terms

If we supply any software or online solution to you in connection with your Cloud Service, you may be required to agree to and comply with additional terms and conditions with the supplier of that software or online solution. Please refer to the section of Our Customer Terms that apply to your Cloud Service for more details.

Third party terms

You are required to accept and comply with the terms of a separate Microsoft Customer Agreement with Microsoft in order to receive the Microsoft Cloud Services. Please refer to the Microsoft Cloud Services section of Our Customer Terms for more details.

Indemnities

You are required to indemnify us in relation to:

• your or your end user’s breach of your Microsoft Customer Agreement or of the Microsoft Cloud Services section of Our Customer Terms; or
• your conduct while using the Microsoft Cloud Services.

Changes to the terms of your service

We may update the “Microsoft Cloud Service - Terms of Use” section of the Microsoft Cloud Services section of Our Customer Terms at any time. Subject to any right you may have to cancel your subscription to a Microsoft Cloud Service, you agree to the new terms by continuing to use the Microsoft Cloud Services after we notify you of them.

Suspension due to cancellation or suspension by our third-party supplier

If Microsoft terminates your licence to use the Microsoft Cloud Services under the Microsoft Customer Agreement, we may suspend your Microsoft Cloud Service.

Indemnities

You are required to indemnify us in relation to your or your users’ breach of the MigrationWiz section of Our Customer Terms.

You are also required to indemnify us in relation to any alleged or actual infringement or misappropriation of any intellectual property or non-proprietary right by any data or materials that you or your users provide to the MigrationWiz Service.

Please refer to the MigrationWiz section of Our Customer Terms for more details.

Third party terms

You are required to accept and comply with separate terms and conditions with MYOB in order to receive your MYOB Essentials service. Please refer to the MYOB Essentials section of Our Customer Terms for more details.

Termination due to the MYOB agreement with you being terminated

If your separate agreement with MYOB in relation to your MYOB Essentials service ends for any reason, we may terminate your MYOB Essentials service.

Third party terms

You are required to accept and comply with additional Mural terms and conditions in order to receive your Mural service. Please refer to the Mural section of Our Customer Terms for more details.

Third party terms

You are required to accept and comply with additional terms and conditions with our third-party supplier in order to receive your Telstra Data Protect service. Please refer to the Telstra Data Protect section of Our Customer Terms for more details.

Termination due to termination by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Third party terms and domain name disputes

If you request us to register a domain name on your behalf as part of the Cloud Infrastructure services:

• you will be required to comply with the terms and policies of the applicable registrar; and
• if there is a dispute in relation to the registration of your domain name, you will submit to dispute resolution policy of .au Domain Administration Limited (auDA).

Please refer to the Cloud Infrastructure section of Our Customer Terms for more details.

Indemnity

You are required to indemnify us in relation to any claim arising out of the registration, use or renewal of your domain name (unless and to the extent the claim arises out of our breach or our negligent act or omission).

Third party terms

You are required to accept and comply with additional terms and conditions with our third-party supplier in order to receive the Virtual Storage Powered by NetApp service. Please refer to the Virtual Storage Powered by NetApp section of Our Customer Terms for more details.

Third party terms

You are required to accept and comply with the terms of a separate Microsoft Customer Agreement with Microsoft in order to receive the Microsoft Azure service. Please refer to the Microsoft Azure section of Our Customer Terms for more details.

Indemnities

You are required to indemnify us in relation to:

• your or your end user’s breach of your Microsoft Customer Agreement or of the Microsoft Azure section of Our Customer Terms; or
• your conduct while using the Microsoft Azure service.

Changes to the terms of your service

We may update the “Microsoft Azure Terms of Use” section of the Microsoft Azure section of Our Customer Terms at any time. Subject to any right you may have to cancel your subscription to a Microsoft Azure, you agree to the new terms by continuing to use the Microsoft Azure after we notify you of them.

Automatic renewal

Your Managed Private Cloud Resell solution automatically renews for successive 12-month periods, unless you or we cancel your Managed Private Cloud Resell solution by giving at least 90 days’ written notice before the end of the then-current period.

Indemnity

You are required to indemnify us in relation to:

• your use (or attempted use) of the services;
• the personal injury or death of any person in connection with your equipment, your use of the services, your use of the space we provide to you in the data centre, or any of your acts or omissions;
• your wrongful or negligent acts or omissions;
• damage to your equipment or the data centre (or any part of it), or any of your, our or a third party’s property, caused by or in connection with your acts or omissions; or
• any infringement of a third party’s intellectual property rights (or other rights) arising from our use of any materials that you provide or make available to us in accordance with your agreement with us.

Termination if we can no longer use the data centre

We may terminate your agreement with us if we or Equinix no longer have the right to use the data centre used to provide the service to you.

Indemnity

You are required to indemnify us, and our third-party service provider that we use to provide the service to you, in relation to:

• any breach by you of your agreement with us in connection with the services;
• your use (or attempted use) of the services;
• the personal injury or death of any person in connection with your equipment, your use of the services, your use of the space we provide to you in the data centre, or any of your acts or omissions;
• your wrongful or negligent acts or omissions;
• damage to your equipment or the data centre (or any part of it), or any of your, our or a third party’s property, caused by or in connection with your acts or omissions;
• any claim or allegation by a third party relating to intellectual property rights or privacy obligations in connection with any of your acts or omissions; or
• any claim or allegation arising in connection with certain of your obligations under the Next DC Data Centre Services section of Our Customer Terms. Please refer to the Next DC Data Centre Services section of Our Customer Terms for more details.

Access suspension

We may suspend your access to the data centre or may require you to leave the data centre in circumstances where we reasonably consider it appropriate to do so.

Termination if we can no longer use the data centre

We may terminate your agreement with us if we or Next DC no longer have the right to use the data centre used to provide the service to you.

Indemnity

You are required to indemnify us in relation to:

• any breach by you of your agreement with us in connection with the services;
• your use (or attempted use) of the services;
• the personal injury or death of any person in connection with your equipment, your use of the services, your use of the space we provide to you in the data centre, or any of your acts or omissions;
• your wrongful or negligent acts or omissions; or
• damage to your equipment or the data centre (or any part of it), or any of your, our or a third party’s property, caused by or in connection with your acts or omissions.

Access suspension

We may suspend your access to the data centre or may require you to leave the data centre in circumstances where we reasonably consider it appropriate to do so.

Termination if we can no longer use the data centre

We may terminate your agreement with us if we or Sungard Data Centreno longer have the right to use the data centre used to provide the service to you.

Failure to rectify an excess power breach

If you exceed your maximum power allocation and fail to rectify the issue, you will be required to pay us liquidated damages. Please refer to the Sungard Data Centre Services section of Our Customer Terms for more details.

Carbon scheme

If a carbon scheme is introduced which has or will have the effect of causing us to incur carbon costs in connection with your service:

• we may adjust the charges for that service to take into account those carbon costs by notice to you; and
• you must reimburse us for any carbon costs incurred by us in respect of that service, prior to the adjustment of the charges above, as notified by us.

Indemnity

You are required to indemnify us in relation to:

• any breach by you of your agreement with us in connection with the services;
• your use (or attempted use) of the services;
• the personal injury or death of any person in connection with your equipment, your use of the services, your use of the space we provide to you in the data centre, or any of your acts or omissions;
• your wrongful or negligent acts or omissions; or
• damage to your equipment or the data centre (or any part of it), or any of your, our or a third party’s property, caused by or in connection with your acts or omissions.

Access suspension

We may suspend your access to the data centre or may require you to leave the data centre in circumstances where we reasonably consider it appropriate to do so.

Termination if we can no longer use the data centre

We may terminate your agreement with us if we or Your DC no longer have the right to use the data centre used to provide the service to you.

Automatic renewal

Unless you have selected manual renewal, at the end of your minimum term your VMware Horizon Air products will automatically renew for a period that is the same as your minimum term and on the then-current pricing, unless either party notifies the other that it does not wish to automatically renew the service at least 35 days prior to the renewal date.

Third party terms

You are required to accept and comply with additional terms and conditions with our third-party supplier in order to receive the VMware Horizon Air service. Please refer to the VMware Horizon Air section of Our Customer Terms for more details.

Indemnity

You indemnify us in relation to any claim arising out of the actions on the Telstra Cloud Sight Platform of any authorised Telstra dealer or partner that you or your users have given access to the Telstra Cloud Sight platform to act on your behalf, unless and to the extent the claim arises out of our breach or our negligent act or omission. Please refer to the Telstra Cloud Sight section of Our Customer Terms for more details.

General Terms do not apply

The General Terms of Our Customer Terms do not apply to the Telstra Dev Portal.

Changes to the service

We may, at any time without notice to you, extend, enhance, update or otherwise modify the Telstra Dev Portal, or make backwards incompatible changes to any API.

Changes to the terms for the service

We may change the terms for your Telstra Dev Portal at any time. Changes will be provided to you by posting the changes on the Telstra Dev Portal or otherwise notifying you. Your continued use of the Telstra Dev Portal will be deemed acceptance of and agreement to those changes.

Indemnity

You are required to indemnify us and hold us harmless in connection with any claim by any third party that relates to any website or software in relation to which you are using the Telstra Dev Portal, your use of the Telstra Dev Portal, your breach of the terms for the Telstra Dev Portal or your infringement of any third-party intellectual property right.

Automatic renewal and migration

At the end of your minimum term, your fixed-term plan renews each year for a further 12 months on the same terms, unless you tell us at least 30 days in advance of the date of automatic renewal that you want your fixed-term plan to terminate.

If your fixed-term plan is no longer available at the end of your minimum term, we may roll your service over to any other current plan which is reasonably comparable. We will tell you before this happens.

Indemnity

You are required to indemnify us in connection with your breach of certain obligations under the Telstra Event Detection API section of Our Customer Terms that relate to network event data, privacy and data breaches. Please refer to the Telstra Event Detection API section of Our Customer Terms for more details.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it), or migrate you to an alternative service (and take reasonable steps to offset any material detrimental effects of the transfer caused by any material differences between original service and the alternative service) after giving you as much notice as is reasonably possible in the circumstances.

Indemnity

You are required to defend and indemnify us and our service providers in relation to any third-party claim concerning your use of the IoT service in breach of Our Customer Terms, you or your data that is in or processed by the IoT service violating any applicable law, or any infringement or misappropriation of any third-party rights by your data that is in or processed by the IoT service.

Automatic renewal

At the end of your minimum term for your service, your service will automatically renew for a further 12 months on the same terms, unless you tell us at least 30 days in advance that you want to end or change your subscription.

Termination or suspension due to termination or suspension by our third-party supplier

If our third-party supplier suspends or terminates a service we rely on to provide your service (or any part of it), we may suspend or terminate your service (or the relevant part of it) after giving you as much notice as is reasonably possible in the circumstances.

Third party terms

You are required to accept and comply with Cisco’s SaaS service terms. These terms may be updated by Cisco from time to time, in which case we will provide you with the updated service terms and your continued use of the service will mean that you accept and agree to comply with the updated terms.

NBN Co’s equipment

You must reimburse us for any loss (including for the cost of repairs) or damage caused to us as a result of any loss, theft or damage to any NBN Co equipment to the extent that you have caused or contributed to that loss, theft or damage.

Cancellation or suspension due to cancelation or suspension by our third-party supplier

If NBN Co ceases, suspends, or interrupts the supply to us with anything that is necessary for us to supply the nbn service to you, then we may cancel, disconnect, deactivate, limit or suspend your nbn service, in which case we will give you as much advance notice as possible (and if your service is cancelled you will not be required to pay any early termination charges).

Consent and approval for installation of an HFC nbn Access Service

If anyone else owns, uses or is the account holder for fixed line services delivered via an existing HFC cable service at your location or at premises neighbouring your location, you will need to seek approval from them for the installation of an HFC nbn Access Service at your location prior to the installation, including their consent that their access to the existing service may be momentarily lost during the installation.

If you fail to do so, you must pay us all costs and expenses we incur, and reimburse us for any direct loss or damage we incur, arising from your failure to obtain such approval and consent.

Cancellation of nbn Fibre Build

We may cancel the nbn Fibre Build required to connect the nbn Access Service to your premises if any agreement or order between NBN Co and us that is required for us to provide the nbn Fibre Build is terminated or cancelled for any reason.

Claims against NBN Co

To the extent permitted by law and subject to any non-excludable rights you may have under consumer protection laws, you must not bring a claim against NBN Co in connection with any products or services which are direct or indirect inputs to any nbn Access Services or in connection with the design and installation of any infrastructure required for the nbn network to be made available at your premises.

This does not apply to claims relating to damage to or loss of tangible property caused or contributed to by NBN Co, or death or personal injury or any person caused or contributed to by NBN Co’s wilful acts or omissions or by any equipment or networked owned, controlled or operated by NBN Co.

Temporary disconnection of your service

If you ask us to disconnect your service temporarily, will continue to charge you the monthly access fees for the service while it is disconnected, and you may also have to pay the applicable connection fee to reconnect it.