OUR CUSTOMER TERMS MANAGED ICT SERVICES SECTION CONTENTS - Telstra

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OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTIONCONTENTS1ABOUT THE MANAGED ICT SERVICES SECTION . 6Inconsistencies . 6Managed ICT Services - service categories . 62GENERAL . 7What these terms apply to . 7Pricing . 7Installation, testing and changes . 7Design . 7Hosting network . 8Acceptable use policy . 8User Guides and assistance . 9Your data . 9Security. 9Networks and applications . 10Domain names . 10Intellectual Property. 11Service Software . 11When we can suspend or cancel your service . 12Take down notices and directions . 13Third party claims . 13Adds, moves and changes . 13Consent . 13Carbon costs . 13Plan names . 143MANAGED APPLICATIONS - EXCHANGE MAIL . 14Service description . 14Service eligibility . 14Service features . 14Service charges . 15Spam protection feature . 15Virus scanning feature . 16Service Software . 16Your data . 17Service Level . 174MANAGED SECURITY - MANAGED CONTENT SECURITY . 17Managed ICT Services section was last changed on 8 September 2021PAGE 1 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTIONService description . 17Service eligibility . 17Service features . 17Anti-virus service . 17Anti-spam service . 17Content filtering service. 18Service charges . 18Service limitations . 18Service installation. 18Service management . 19Minimum term . 19Service levels . 195MANAGED SECURITY - MANAGED FIREWALL . 19Service description . 19Service eligibility . 19Service features . 19Service charges . 21Service limitations . 21Service installation. 21Service management . 22Minimum term . 22Service levels . 226MANAGED SECURITY - MANAGED INTRUSION PROTECTION . 22Service description . 22Service eligibility . 23Service features . 23Service charges . 24Service limitations . 24Service installation. 24Service management . 24Minimum term . 24Service levels . 24Your responsibility . 247MANAGED SECURITY - MANAGED VPN . 25Service description . 25Service eligibility . 25Service features . 25Managed ICT Services section was last changed on 8 September 2021PAGE 2 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTIONService charges . 25Service limitations . 25Service installation. 25Service management . 25Minimum term. 26Service levels . 26Your responsibility . 268MANAGED COMPUTING - MANAGED UTILITY COMPUTING . 26Service description . 26Service eligibility . 26Service features . 26Service charges . 27Service limitations . 27Minimum term. 27Reporting . 27Service levels . 27Your responsibility . 279MANAGED COMPUTING - MANAGED DEDICATED COMPUTING . 27Service description . 27Service eligibility . 28Service features . 28Service charges . 28Service limitations . 28Minimum term . 28Reporting . 28Service levels . 29Your responsibility . 2910MANAGED INFORMATION - MANAGED STORAGE . 29Service description . 29Service eligibility . 29Service features . 29Service charges . 29Service limitations . 29Service software . 30Minimum term . 30Service levels . 3011MANAGED INFORMATION - MANAGED BACKUP . 30Managed ICT Services section was last changed on 8 September 2021PAGE 3 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTIONService description . 30Service eligibility . 30Service features . 30Service charges . 31Service limitations . 31Minimum term . 31Service levels . 3112MANAGED FACILITIES - CO-LOCATION . 31Service description . 31Service eligibility . 31Service features . 32Service charges . 32Service limitations . 32Service installation. 32Access to our managed data centre . 33Minimum term . 35Service Levels . 35Your responsibility . 3513SERVICE LEVELS . 36General . 36What are our service levels? . 36Service level charges . 36Table 1 - Service Level Table . 36Table 2 - Service Level Grade Table . 37Service Levels - Managed Applications. 38Service Levels - Managed Security . 38Service Levels - Managed Information . 41Service Levels - Rebate . 41Description of service levels . 42Service level exclusions . 43Outages . 43SCHEDULE 1 CUSTOMER LICENSE TERMS . 451DEFINITIONS . 452OWNERSHIP OF SOFTWARE PRODUCTS . 453USE OF CLIENT SOFTWARE . 454USE OF REDISTRIBUTION SOFTWARE. 455COPIES . 46Managed ICT Services section was last changed on 8 September 2021PAGE 4 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTION6LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY . 467NO RENTAL . 468TERMINATION . 469NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. . 4610PRODUCT SUPPORT . 4611NOT FAULT TOLERANT . 4612EXPORT RESTRICTIONS . 4613LIABILITY FOR BREACH . 47Certain words are used with the specific meanings set out below or in the General Terms of OurCustomer Terms at overnment/?red /customerterms/bus government.htm.Managed ICT Services section was last changed on 8 September 2021PAGE 5 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTION1ABOUT THE MANAGED ICT SERVICES SECTION1.1This is the Managed ICT Services section of Our Customer Terms.1.2Unless you have entered into a separate agreement with us which excludes them, theGeneral Terms of Our Customer Terms at overnment/?red /customerterms/bus government.htm apply.Inconsistencies1.3If the General Terms of Our Customer Terms are inconsistent with something in the ManagedICT Services section, then the Managed ICT Services section applies instead of the GeneralTerms to the extent of the inconsistency.1.4Any rights for us to suspend or terminate your service in this Managed ICT Services section isin addition to our rights to suspend or terminate your service under the General Terms of OurCustomer Terms.Managed ICT Services - service categories1.5The Managed ICT Services consists of service categories with discrete services under eachcategory as set out below:(a)(b)(c)(d)(e)Managed Applications:(i)Exchange Mail service;(ii)Website Hosting service;Managed Security:(i)Managed Content Security service;(ii)Managed Firewall service;(iii)Managed Intrusion Protection service(iv)Managed VPN service;Managed Computing:(i)Managed Utility Computing service;(ii)Managed Dedicated Computing service;Managed Information:(i)Managed Storage service;(ii)Managed Backup service;Managed Facilities:(i)Co-location service.Managed ICT Services section was last changed on 8 September 2021PAGE 6 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTION1.6Managed ICT Services only applies to customers who have applied for the services under thissection on or after 8 February 2008 and who we have agreed to provide the services.1.7The Managed ICT Services are not available to new customers on and from 31 August 2010,except where we agree otherwise. The services described under the Network ComputingServices Section of Our Customer Terms are comparable to the services listed under thissection of Our Customer Terms and must be taken up by new customers on and from 31August 2010.2GENERALWhat these terms apply to2.1These general terms apply to all of the services under this section of Our Customer Terms,except where we say otherwise.Pricing2.2You must pay us the charges set out in this section of Our Customer Terms, your applicationform or other agreement with us.Installation, testing and changes2.3If we install, test or make changes to your service at your request, you may experience adisruption to your service.2.4You must cooperate with us when we install, test or make changes to your service.2.5You must provide us with full and complete information (including configuration information)when you apply for your service or if we install, test or change your service. If theinformation that you provide us is inaccurate or not complete or you wish to change theinformation you provided us, we may charge you for additional work that is required toreflect the changed information in your service.2.6We will not be liable for problems with your service to the extent that those problems arecaused by you including where you have changed your equipment configurations, settings,introduced incompatible software or used your service in a way that is inconsistent with theUser Guide or our instructions.Design2.7If we provide a design service as part of your service (or number of services), we will providethe design service on the basis of the network design or business requirements that youprovide us (“Design”). We may make changes to the Design if necessary and, if we makeany changes, we will give you reasonable notice of these changes.2.8If the Design is complex, we may charge you an additional charge. We will give youreasonable notice of these charges before the charges are incurred.2.9At the completion of the design process, we will either:(a)provide you with a document which contains the details of your service based on theDesign (“Design Document”); or(b)provision your service.Managed ICT Services section was last changed on 8 September 2021PAGE 7 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTION2.10If we provide you with a Design Document, you must tell us within five business days ofreceiving the Design Document if you consider that it does not accurately reflect the Design,otherwise you will be deemed to have accepted the Design Document and we will provisionyour service on this basis.2.11If we provision your service after the Design and you consider that your service does notaccurately reflect the Design, you must tell us within five business days of the service beingprovisioned; otherwise you will be deemed to have accepted the service.2.12If you tell us within five business days that the Design is not correct, we will correct theDesign at no additional charge if the mistake is our fault. If you would like us to change theDesign for any other reason, we may charge you an additional charge.2.13We will not disclose the Design of your service unless:(a)we need to do so in order to provide you with your service; or(b)we are required to do so by law.Hosting network2.142.15Some services require you to be connected to the public or private network (for example, theManaged Utility Computing service, Managed Dedicated Computing service and the Colocation service). Where this is the case, we will provide you with the ability to connect tothe public or private network for an additional charge provided that:(a)if you connect to the public network, your access service is a Telstra service; or(b)if you connect to the private network, your network service is a Telstra service.We do not promise an uninterrupted connection to the public or private network.Acceptable use policy2.16You must not use your service or let it be used:(a)to commit an offence or breach any laws, standards or codes applicable to theservice;(b)in a manner that is excessive or unusual;(c)in a way that interferes (or threatens to interfere) with the efficiency and security ofthe service or another person’s service;(d)to accept, transmit or distribute unsolicited bulk email;(e)to send email that hides or obscures the source of the email;(f)to distribute Trojan horses, worms, malicious or destructive code or any instructionsactivating such code;(g)to menace, harass or stalk any person;(h)to distribute material that is defamatory, obscene or could cause offence or harm;Managed ICT Services section was last changed on 8 September 2021PAGE 8 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTION2.17(i)in a manner that infringes any other person’s intellectual property rights, confidentialinformation or other rights; or(j)to enable a minor to access material inappropriate for a minor or to establish (or tryto establish) contact with a minor not otherwise known to you.You must not sell, resell or provide the service (or any part of it) to other people unless youobtain our consent.User Guides and assistance2.18You must follow our reasonable directions in relation to the use of your service and the datathat is stored or hosted as part of your service.2.19We may give you a User Guide which will contain important information relating to the use ofyour service. If you use your service in a manner that is inconsistent with the User Guide,you will be responsible for any loss that you suffer as a result and you may need to pay usan additional charge to fix any problems as a result. A copy of the User Guide can bedownloaded from www.telstra.com.au/managedict (as amended from time to time).2.20You may distribute the User Guide to your users however you must ensure that the UserGuide is only used by your users to understand and use the service.Your data2.21We may host or store your data as part of your service. If we do so, this section applies toyou.2.22You grant us a licence to copy and store your data for the sole purpose of providing you withyour service.2.23We require that the data that we host or store for you meets certain standards. If we do notthink that your data meets these standards, we may suspend or cancel your service or wemay direct you to remove your data. Some examples of data that does not meet ourstandards includes pornography or data that could be offensive or defamatory.2.24We may delete your data immediately after the cancellation of your service. We will try togive you notice before we do this. However, we recommend that you make a copy of yourdata before or immediately after your service is cancelled.Security2.25We aim to keep your service secure so that your infrastructure is not visible to third parties.2.26We aim to protect our equipment against intrusions, viruses, Trojan horses, worms, timebombs or other similar harmful software which may affect your service, however we do notguarantee protection.2.27You must take steps to prevent unauthorised access to your service and our service platformincluding not disclosing user names and passwords that we provide you (except as requiredby the service).2.28You are responsible for the use of your service by your users.Managed ICT Services section was last changed on 8 September 2021PAGE 9 OF 47

OUR CUSTOMER TERMSMANAGED ICT SERVICES SECTIONNetworks and applications2.29If you request, we may provide you with Quality of Service (QoS) information for anadditional charge set out in the application form.Domain names2.30If you apply for registration of a new domain name as part of your service under this sectionof Our Customer Terms then we will procure registration of that domain name with ournominated registrar or reseller. You may also apply to transfer your existing domain nameto our nominated registrar or reseller.2.31We do not guarantee that you will be successful in your application to register or transfer thedomain name.2.32If the application for your new domain name to our nominated registrar or reseller issuccessful we will provide you with the registry key or password to your domain name.2.33If your domain name registration lapses when you still have a service under this section ofOur Customer Terms, we may remove your domain name records from our system and youwill not be able to use that domain name for your service. Your domain name will also bereleased by the registrar to be available for registration.2.34If you cancel your service under this section of Our Customer Terms and at the time ofcancellation the registration period of your domain name has not yet expired, the domainname registration will continue for the remaining term of your domain name registration.You are responsible for ensuring that your domain name registration is renewed ortransferred to another domain registrar or reseller. We will also cease domain name hostingfor that domain from the time of cancellation of your service.2.35You agree to be bound by and will comply with the policies and terms and conditions appliedby the relevant registrar (as applicable and as amended by the relevant registrar from timeto time).2.36If your domain name is:(a)a “.com” , “.net”, “.org” or other top level domain name (TLD), you agree to complywith the policies applicable to such domain names as issued by the InternetCorporation for Assigned Names and Numbers (ICANN) (as amended by ICANN fromtime to time); or(b)a “.au” domain name (each a 2LD), you agree to be bound by the .au 2LD DomainName Eligibility and Application Policy Rules issued by .au Domain AdministrationLimited (auDA) located at http://www.auda.org.au/ (as amended by auDA from

(ii) Managed Firewall service; (iii) Managed Intrusion Protection service (iv) Managed VPN service; (c) Managed Computing: . Pricing 2.2 You must pay us the charges set out in this section of Our Customer Terms, your application form or other agreement with us.