AMPWEST COMMUNICATIONS PTY LTD
(ACN 112 695 315)
AMPWEST DATA SERVICES DESCRIPTION
(Revised 1 April 2014)
STANDARD FORM OF AGREEMENT
AMPWEST SERVICES STANDARD FORM OF AGREEMENT
AMPWEST DATA SERVICES DESCRIPTION
PARTIES:
AMPWEST COMMUNICATIONS PTY LTD (ACN 112 695 315) of 65 Greythorn Road, Balwyn North in the State of Victoria 3104 (“Ampwest”); and
THE CUSTOMER, being an entity that wishes to purchase and utilise Ampwest’s Private Network, Data & Internet Services and has signed an appropriate Ampwest Data Services Agreement, Letter of Acceptance, or similar document for such Services (“Customer”)
THE PARTIES AGREE THAT:
- 1. STANDARD FORM OF AGREEMENT
1.1 The Ampwest Standard Form of Agreement (SFOA) sets out the Terms and Conditions which apply to each Specified Service that the customer acquires from Ampwest.
1.2 The SFOA is structured as follows:
1.2.1 This Service Description (for a particular set of Specific Services);
1.2.2 General Terms and Conditions (which apply to all Ampwest Services);
1.2.3 Ampwest Data Services Agreement, Letter of Acceptance, or similar document; and
1.2.4 Price Lists and Schedules for particular services as issued by Ampwest from time to time.
1.3 The Customer, by signing an Ampwest Data Services Agreement, Letter of Acceptance, or similar document, accepts without limitation or qualification the Terms and Conditions contained within the SFOA.
2 DESCRIPTION OF SPECIFIED SERVICES
Ampwest’s Data Services include Public / Private networks, Data and Internet Services, tailored and hosted solutions and ancillary service as follows::
2.1 Public / Private Networks – secure and transparent data links and/or virtual links between all or some of the Customer’s offices and other sites. or between the Customer’s sites and Ampwest’s Cloud Services. The links operate as if they are part of the Customer’s IT infrastructure.
2.2 Data/Internet Services – Broadband Data services available to connect offices or Private Networks to the Internet. These services include:
- EFM – Ethernet First Mile available up to 10Mbps
- ADSL 2+ (up to 20Mbps/1Mbps), ADSL +, SHDSL
- Wireless – High speed, high quality fixed wireless
- Mobile (3G/4G) – for connectivity for mobile devices.
- NBN – voice and/or data services available in your area
2.3 Tailored solutions – configured to provide secure internet access, private networks, or required combinations of both internet and private. Internet data packages to suit any application are available.
2.4 Hosted Data Services – for Cloud applications, websites, email and offsite backup or storage.
2.5 As part of the Service, can provide the following to the Customer:
- Relevant hardware
- Monitoring
- Maintenance
- Help desk support
- Firewalls & related other security protection
- Other related Internet services
as mutually agreed upon by parties and specified in the Data Services Agreement.
3 NATURE OF THE SERVICE
3.1 If, during the post-sales service technical qualification process Ampwest determines that it cannot provide the contemplated service to the Customer, then the Data Services Agreement will be null and void.
3.2 The Ampwest Service only applies to Ampwest’s telecommunication network and Ampwest does not guarantee the availability of other telecommunication carrier networks. Ampwest is not responsible for the non-performance of a third party network provider or provisioning agent for any delay in the Service including access to the Internet by the Customer.
3.3 Ampwest reserves the right to vary the technical configuration or the components of the Service at any time without notice to the Customer, unless such a change impacts directly or negatively on the performance of the Customer’s Service. If Ampwest determines that the variation has a substantial negative effect on the Customer’s Service, then Ampwest will inform the Customer of any such variation as soon as possible.
4 SERVICE ASSURANCE POLICY
Ampwest is committed to providing the best possible services and support to our customers. To support this aim, Ampwest has developed a Service Assurance Policy covering all our Data Services and specifying:
- Service Quality, including availability targets,
- Response Times
- Fault Restoration targets
The Service Assurance policy is included as Schedule 1 to this Service Description.
5 CUSTOMER EQUIPMENT
5.1 The Customer acknowledges that in order to access the Service, the Customer may require a Network Device(s) (the hardware device at which the data connection is terminated, for example Routers, Modems, voice splitter/ filter/wireless termination components and/or satellite termination components) along with the power required to run such devices. These items together are the Minimum Service Requirements. The Customer is solely responsible for any Network Device(s) and their operation
5.2 Ampwest may provide the Customer with specified Network Devices (collectively called the “Ampwest Equipment”) to enable the Customer to access the Service.
5.3 Property in respect of Ampwest Equipment and/or software delivered as part of the Service does not pass to the Customer on delivery/installation but only when the full purchase price for the Ampwest Equipment has been received by Ampwest.
5.4 The Customer acknowledges that if the Customer’s Network Device is provided or sourced through any party other than Ampwest and if the Device does not meet the Minimum System Requirements, the Customer will not be able to successfully access, operate or use the Service. In addition, the Customer will not be entitled to receive customer support relating to any issue other than the quality of the signal delivered to the Network Device.
5.5 The Customer is responsible for cabling and the provision of appropriate cables and wall sockets. The Customer also warrants that, where applicable, the telephone number nominated for connection to the Service terminates on a standard telephone socket (RJ11, RJ12 or Type 600) and is no more than two metres from where the Modem is to be located. 240VAC power is also required within 2 metres of the Modem. Should the Customer require Ampwest to provide additional telephone or data cabling or wall sockets, the Customer will be charged in accordance with Ampwest fees schedule.
6 SECURITY
The Customer is responsible for maintaining the security of the Customer’s Internet Service, including protection of account details and passwords. The Customer indemnifies Ampwest and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of, or in any way connected to, the use of the Customer’s service, including unauthorised usage of the Customer’s service by a third party.
7 ACCEPTABLE USE POLICY
7.1 All use of Ampwest supplied data links, internet services and Hosted Services are subject to Ampwest’s Acceptable Use Policy contained as Schedule 2 to this Service Description.
7.2 The Customer accepts without limitation or qualification the Acceptable Use policy contained as Schedule 2 to this Service Description.
Schedule 1 – Service Assurance Policy
This Service Assurance Schedule sets out the service levels (”Service Levels”) that Ampwest targets to provide customers with Ampwest Data Services. The target Service Levels offered are confined to the Ampwest provided network access links and Ampwest provided hardware or software.
Service Quality
Service Availability:
Ampwest offers availability of its network for a minimum of 99.8% of the time, excluding scheduled maintenance periods.
Scheduled Maintenance/Outage:
Scheduled network maintenance is conducted outside business hours when practicable or such other times as are notified to the customer by Ampwest with a minimum of 24 hour notice.
Unscheduled Outages:
Ampwest usually advises of unscheduled outages within 30 minutes after the service is determined as unavailable.
Response Times
| Service Item | Levels |
| Help Desk
– Hours of coverage – Response callback times
– Fault notification time to Customer
Technical Support – On-site support hours – On-site response time (when help available)
– Out of hours response |
Normally 9 am to 5.30 pm Immediate via Telephone Support Within 30 minutes by email or facsimile Monitoring Alarm ; notification by email within 5 minutes after verification. Other alarms ; if necessary within 30 minutes
Normally 9 am to 5.30 pm with emergency after-hours support. Immediate via Telephone Support Within 30 minutes by email or facsimile Emergency contact number; depending on critical level, attend immediate or next business day. |
****Constantly monitored by one of the Ampwest Network Operation Centre (NOC) staff members. All NOC staff have Data Services at home with monitoring and management access.
Fault Restoration Table
| Severity Level* | Description | Measure | Response Time (from receipt of Logged job during business hours) | Restoration Time |
|
1 |
Critical Problem | Service Unavailable | < 30 minutes | Please see
Network Availability |
|
2 |
Significant Problem (must be repaired but can continue with workaround for short period) | Service operational but not 100% | < 30 minutes | < 24 hours |
|
3 |
Minor Problem
(does not affect functionality) |
Service Functions Satisfactorily | < 30 minutes | As soon as practicable after receipt of advice to fix |
* Severity level applied by Ampwest after evaluation of Customer’s notification via logged job with Ampwest’s TAC.
Schedule 2 – Acceptable Use Policy, Data Services
1. The Customer must take all reasonable measures to prevent unauthorized access to the Ampwest or Third Party network.
2. The Customer must comply with all applicable local, state, federal and international laws.
3. Minors must be supervised by a parent, teacher or other responsible adult at all times while using the Service as Ampwest is not responsible for Internet content that may be viewed using this service.
4. As a user, the Customer may not use the Service to interfere with or disrupt other network users, services or equipment. Activities which the Customer is forbidden from engaging in include, but are not limited to:
a. the distribution of messages to inappropriate or unrelated forums, newsgroups or mailing lists (‘spamming’)
b. the sending of unsolicited bulk or commercial messages
c. the sending of messages to individuals who have indicated that they do not wish to receive messages
d. the propagation of chain letters
e. the collection of responses from unsolicited email sent from accounts on other Internet hosts or email services which violate this Acceptable Use Policy
f. the forging, alteration or removal of electronic mail or newsgroup headers
g. the sending of numerous copies of the same or substantially similar message, large messages or files, to a recipient with the intent of disrupting a server, account, or service (‘mail bombing’)
h. the posting of a large number of messages or amounts of text in newsgroups or chatrooms with the intent to disrupt discussion or the service of other users (‘flooding’)
i. the propagation of computer worms, viruses and other types of malicious programs
j. transmissions of any type or quantity which adversely affect Ampwest’s operation or jeopardise the use of Ampwest’s service, or its performance for other subscribers
k. harassment or impersonation of Ampwest or other users.
5. The Customer must not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information, data, text, graphic, audio or other like material accessed through or received from the Service or that may otherwise infringe the intellectual property rights of any person.
6. The Customer must not download, upload or distribute public domain materials (e.g. images, text and/or programs) which are copyrighted, without the permission of the copyright holder.
7. The Customer must not illegally use any process, program or tool via the Service for breaking or accessing the passwords of Customers on Ampwest’s or any other Internet Service Provider’s systems
8. Ampwest expressly forbids the Service being used to host pornographic, racist or homophobic material. If a Customer is found to be knowingly hosting such material, the Customer’s service will immediately be suspended or cancelled at Ampwest’s discretion and the Customer will be liable for all charges for the Minimum Period and for disconnection of the Service.
Schedule 2 – Acceptable Use Policy (Continued)
9. Ampwest requires the Customer to act responsibly in their use of resources on the Ampwest network and systems and related networks and systems. If the Customer uses unreasonably excessive resources on the Ampwest and related networks and systems, including where customers are on a plan that includes free downloading of data, that the total downloaded data in a month is greater than 50% of download data allowance for that month, then Ampwest reserves the right to charge a fee for such uploads or suspend or terminate the Service without notice to the customer.
Ampwest will provide excessive usage notification and followed by warnings to which excessive usage charges may be imposed. Customer will accept and pay these charges according to their service plan.
10. The Customer must follow all procedures specified by Ampwest in relation to the lodgement of hosted content.
11. The Customer must take all reasonable measures to prevent unauthorised access to the Ampwest hosting platform.
12. The Customer must ensure that the content hosted on Ampwest’s servers as part of the Service, coupled with any programming or software code, does not contain any defect or other code that is intended or is likely to:
a. cause the hosted content to cease being operational
b. cause any damage to or interfere with the content or information stored on the Ampwest hosting platform
c. result in unauthorised access to the Ampwest hosting platform.
13. The Customer must ensure that all content on its site relates to that Customer only and its business or the business carried out by its parent company, subsidiaries, or subsidiaries of the parent company.
14. Pursuant to the above, the Customer must ensure that the Service is not used to host content or assist the business of a third party client, unless Ampwest’s permission is expressly given to do so. Resale of Ampwest services is not allowed.
15. The Customer acknowledges that information available through Ampwest from the Internet may not be accurate, may be intended for adult audiences, may not be secure or private and may be subject to interception or loss. Ampwest disclaims any liability for any material on the Internet that the Customer finds upsetting, defamatory or offensive.
16. The Customer acknowledges that the Internet is not an inherently secure system and undertakes responsibility for the protection of his/her/its data stored or conveyed on the Ampwest network.
17. The Customer acknowledges that the Internet may contain viruses (including other destructive programs) that may, if not eliminated, destroy parts or all of the data contained within the Customer’s system. The Customer further acknowledges that Ampwest has no control or authority over these viruses and is not liable for any damages that such viruses may cause.
18. To ensure that this policy is followed Ampwest may be required to monitor the content of traffic over the Service but will respect the Customer’s privacy. If Ampwest monitors the content of a Customer’s traffic, Ampwest will safeguard the Customer’s privacy unless to do so would involve Ampwest in concealment of a criminal offence or inhibit the enforcement of this policy. If Ampwest becomes concerned that the Customer’s use of the Service may break the law or that the Customer has not complied with this policy Ampwest will attempt to contact the Customer before taking action. Ampwest may terminate the Customer’s account and/or notify the authorities if Ampwest believes that the Customer’s use of the Service may break the law or that the Customer has not complied with this policy.
