AMPWEST COMMUNICATIONS PTY LTD
(ACN 112 695 315)
AMPWEST VOICE SERVICES DESCRIPTION
(Revised 1 May 2011)
STANDARD FORM OF AGREEMENT
AMPWEST SERVICES STANDARD FORM OF AGREEMENT
AMPWEST VOICE 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 Voice Telephone Services and has signed an appropriate Ampwest Voice 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 Voice 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 Voice 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 Voice Services include:
2.1 Analogue Voice Carriage Services (PSTN) using Telstra Rebill Services;
2.2 Digital Voice Carriage Services (ISDN) using Telstra Rebill Services;
2.3 Inbound Voice Carriage Services (1300, 1800) using Telstra Rebill Services;
2.4 Voice over Internet Protocol (VoIP) Services
2.5 Value Added Services available as options on some or all of the above services, including:
2.5.1 3 Way Conference
2.5.2 Call Barring
2.5.3 Call Control
2.5.4 Call Forward Busy, Immediate, or No Answer
2.5.5 Call Return
2.5.6 Call Waiting
2.5.7 Call Hold
2.5.8 Calling Line Identification
2.5.9 Calling Number Display
2.5.10 Line Hunt
2.5.11 Silent Number
2.5.12 Voice Mail;
2.6 Relevant hardware associated with the above;
2.7 Service monitoring and maintenance;
2.8 Help desk support;
as mutually agreed upon by the Parties and specified in the Voice Services Agreement.
3 SUPPLY OF VOICE SERVICES
3.1 Ampwest Voice Services provide the Customer with One or more fixed telephone lines, a telephone number for each line, Value Added Services as specified, and the ability to make and receive Local Calls, National Calls, International Calls, Calls to Mobiles, and Premium Calls.
3.2 The Customer acknowledges and agrees that if they have requested, on a signed Ampwest Voice Services Agreement, to transfer their Basic Telephone Service to Ampwest from their current supplier, the Customer:
3.2.1 Warrants that they are the account holder for the Telephone Service identified in the signed Ampwest Voice Services Agreement and authorizes Ampwest to transfer the identified Service(s) to Ampwest;
3.2.2 Authorises their current supplier to transfer the Services to Ampwest;
3.2.3 Remains liable to pay their current supplier for all fees and charges up to the time of transfer and any additional fees and charges payable to that current supplier due to the termination of the Customer’s Service with them; and
3.2.4 If the Customer does not nominate otherwise on the Ampwest Voice Services Agreement, Ampwest will assume that the Customer wishes to select Ampwest as the Customer’s default carrier for National Calls, International Calls and Fixed to Mobile Calls.
3.3 The Customer acknowledges and agrees that if they request to transfer their Basic Telephone Service from Ampwest to another supplier, the Customer remains liable to Ampwest for all fees and charges up to the time of transfer and any additional fees and charges payable to Ampwest due to the termination of the Customer’s Service with Ampwest, including if applicable, any Early Termination fees.
4 VOICE CALLING PLANS
Ampwest has available a range of Call Plans to suit different customer needs. Some Plans have particular conditions that must be met as follows:
4.1 Plan Eligibility. Ampwest Call Plans identified as Business Plans are only available to business customers with a current Australian Business Number (ABN). Ampwest Call Plans identified as Residential Plans are only available to residential customers in an individual’s name and with a current residential address.
4.2 Preselection. Some Plans have as a condition that the Customer maintains Preselection of Ampwest as the preferred supplier of all call types and other services which are capable of Preselection. If the Customer does not do so, they will no longer be eligible for such Plans and another Ampwest Plan will be applied.
4.3 Override Code Billing. If the Customer uses an Override Code to access services provided by another supplier, the Customer will be billed for the use of those services by that other supplier.
4.4 Acceptable Use Policy. For Customers who purchase Usage Plans that include unlimited or capped calls, the Customer acknowledges that such plans are aimed at normal business or residential usage and they are specifically excluded for use with any form of telemarketing or similar operation, including but not limited to continuous connectivity, extensive call forwarding, fax broadcast, fax blasting, or auto-dialling.
5 BUSINESS CUSTOMERS – 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 Ampwest Voice 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.
6 RESIDENTIAL CUSTOMERS – CUSTOMER SERVICE GUARANTEE
Residential customers and business customers with five or fewer telephone lines are eligible for the Customer Service Guarantee. Under the Customer Service Guarantee (CSG) minimum service standards and time frames are set for standard telephone services and the keeping of appointments relating to them. The CSG may give Customers certain rights if Ampwest do not meet those standards. Some of Ampwest’s services may only be available if the Customer waives their rights under the CSG and this is detailed in the relevant Usage Plan. More information about the CSG is available at www.acma.gov.au.
7 NATURE OF THE SERVICE
7.1 If, during the post-sales service technical qualification process Ampwest determines that it cannot provide the contemplated service to the Customer, then the Voice Services Agreement will be null and void.
7.2 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 PSTN by the Customer.
7.3 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.
7.4 The Customer acknowledges that VoIP carriage services will not function if there is an interruption to the broadband service being used to access the internet.
7.5 Where Ampwest does not provide the broadband link to be utilised for VoIP Service, Ampwest may conduct technical tests on performance parameters of the link to be used. If Ampwest determines that it cannot provide the contemplated Service at an appropriate quality to the Customer, the Customer acknowledges that Ampwest may, at its sole discretion, refuse to connect or activate the VoIP service.
8 TELEPHONE NUMBER PORTABILITY
8.1 The Customer is entitled to use any telephone numbers ported or provided with PSTN or ISDN or Inbound Services as long as the Service is retained, but the Customer does not own or receive any legal interest or goodwill in any such telephone number.
8.2 The Customer may port those numbers to other carriage service providers or to another location, subject to the rules and agreements entered into by various carriage service providers.
8.3 Any telephone numbers provided by Ampwest with its provision of VoIP Services remain the property of Ampwest. The Customer may not use such numbers with any other device or for any other purpose than that stated in the Service Agreement without the express written permission of Ampwest.
8.4 The Customer acknowledges that upon moving to a different VoIP provider Ampwest may not be able to make any VoIP numbers provided by Ampwest available for further use. For this reason, Ampwest strongly recommends to all VoIP users to retain one or more analogue telephone lines with permanent associated numbers for incoming calls.
9 PREMIUM SERVICES
9.1 A Premium Service is:
9.1.1 A carriage service supplied by way of a call to a number with an eligible prefix; or
9.1.2 A content service supplied by way of a call to a number with an eligible prefix; or
9.1.3 A public mobile telecommunications service that enables an end-user to access a proprietary network.
9.2 Premium Services can have very high call charges and the Customer will be liable for those charges as they appear on monthly invoices from Ampwest.
9.3 To avoid the risk of very high charges being incurred, the Customer can call Ampwest to bar calls to some or all premium Services from their basic Telephone Service.
10 CUSTOMER EQUIPMENT
10.1 The Customer acknowledges that in order to access the Voice Services, the Customer may require a Network Device(s) to enable access to the Services. For example, telephones, phone systems, modems, voice splitters/ filters, 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
10.2 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.
10.3 Ampwest may provide the Customer with specified Network Devices (collectively called the “Ampwest Equipment”) to enable the Customer to access the Service, including telephones, phone systems, modems, voice splitters/ filters.
10.4 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.
10.5 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 Network device is to be located. 240VAC power may also be required within 2 metres of the Network Device. 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.
11 SECURITY
The Customer is responsible for maintaining the security of the Customer’s Services, 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 Services, including unauthorised usage of the Customer’s service by a third party.
12 ACCEPTABLE USE POLICY
12.1 All use of Ampwest supplied Voice Services are subject to Ampwest’s Acceptable Use Policy contained as Schedule 2 to this Service Description.
12.2 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, Voice Services
1. The Customer must take all reasonable measures to prevent unauthorised access to the Ampwest or Third Party networks.
2. The Customer must comply with all applicable local, state, federal and international laws.
3. The Customer agrees that it will not, and will use reasonable endeavours to ensure that its people will not, use any Service in such a manner that may:
a. menace or harass any person or intentionally cause damage or injury to any person or property or incite hatred against any person;
b. expose either Party to the risk of any legal or administrative action including prosecution under any law, or which would bring that Party into disrepute;
c. involve the publication of material that is illegal or defamatory or which may promote others to engage in such acts;
d. infringe any person’s Intellectual Property rights; or
e. be unlawful.
4. The Customer agrees and represents that they are purchasing the Services for their own internal use only and shall not resell the Services either directly or indirectly without the express written permission of Ampwest.
5. The Customer may not use the Services to interfere with or disrupt other network users, services or equipment, nor use the Services in a way that may cause a disruption in the integrity of Ampwest’s networks or its third party networks. Activities which the Customer is forbidden from engaging in include, but are not limited to, continuous connectivity, extensive call forwarding, fax broadcast, fax blasting, auto-dialling or auto-dial telemarketing, harassment or impersonation of Ampwest or other users. If a Customer is found to be conducting any such activities, the Customer’s Services may immediately be suspended, modified or cancelled at Ampwest’s sole discretion and the Customer will be liable for all charges for the Minimum Term and for disconnection of the Services.
6. For Customers who purchase usage Plans that include unlimited or capped calls, the Customer acknowledges that such plans are aimed at normal business or residential usage and they are specifically excluded for use with any form of telemarketing or similar operation, including but not limited to continuous connectivity, extensive call forwarding, fax broadcast, fax blasting, or auto-dialling.
7. For Customers who purchase VoIP Services, the Customer;
a. acknowledges that the internet is not an inherently secure system and undertakes responsibility for the protection of his/her/its systems connected to the Services and data stored or conveyed on the Ampwest or Third Party networks;
b. acknowledges that the internet may contain viruses and other destructive programs that may, if not eliminated, destroy or copy parts or all of the data contained within the Customer’s systems. The Customer further acknowledges that Ampwest has no control or authority over these viruses or other destructive programs and is not liable for any damages that such viruses or other destructive programs may cause;
c. acknowledges that Ampwest is not responsible for the content of transmissions that pass through the internet; and
d. must not illegally use any process, program or tool via the Services for breaking or accessing the passwords of other users on Ampwest or Third Party networks or other networks.
