SERVICE DESCRIPTION: Optus Evolve Service

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SERVICE DESCRIPTION: Optus Machine To Machine (M2M)
This Service Description forms part of Optus’ Standard Form of Agreement pursuant to the
Telecommunications Legislation.
This Service Description for the Optus Machine to Machine Service (also known as ‘Optus M2M
Service’) comprises the following Parts:

Part 1: Service Family Terms (applicable to all Optus M2M Services); and

Part 2: Service Option Terms.
The Service Option Terms are separate terms applicable to each of the following Optus Machine to
Machine Service Options (if any) and are to be read in conjunction with both the General Terms and
the Service Family Terms:

Optus M2M Service
Service Description – Optus Machine to Machine (M2M) Service
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SERVICE FAMILY TERMS: Optus Machine to Machine (M2M) Service
If there is any inconsistency between the terms of the documents that form the Agreement, they will
be interpreted in the following order of precedence: the Standard Pricing Table, the Service Option
Terms of the Service Description, the Service Family Terms of the Service Description, the General
Terms and the Application, except to the extent of any inconsistency in pricing (in which case the
Application overrides the Standard Pricing Table).
1.
1.1.
SERVICE FAMILY
Service Description:
The Optus Machine to Machine Service (also referred to as the ‘Optus M2M Service’ or the
‘Service’) is a carriage and service management solution that allows you to communicate
with and manage SIM-enabled devices in the field.
1.2.
Optus Group Company
The Optus Machine to Machine Service is supplied by Optus Networks Pty Limited (ABN 92
008 570 330), an Optus Group Company.
2.
2.1.
SERVICE OPTIONS
Current:
 Optus M2M Service
2.2.
Sunset:
 None.
2.3.
Selecting Service Options
Some Service Options can only be provided to you on the basis that you also acquire other
Service Options. Service Options which are prerequisites to other Service Options are noted
in the Service Option Terms as ‘Related Service Options’. Information on prerequisite
Service Options is contained in the Application or as advised by Optus when you lodge the
Application.
3.
3.1.
CANCELLATION FEE
Where your Service or Individual Service is cancelled during the Committed Term and a
Cancellation Fee is payable under the General Terms, you will need to pay us an amount
equal to the net present value of:
(a)
the profit component of all amounts that would have been payable in respect of the
monthly recurring charge for the relevant Individual Service for the remainder of the
Committed Term from the date cancellation takes effect; plus
(b) all amounts that will be incurred by Optus as a result of the cancellation; plus
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(c) any unavoidable third party costs that will be incurred by Optus, in respect of the
relevant Individual Service for the remainder of the Committed Term from the date
cancellation takes effect;
unless a different formula or a specified amount is otherwise expressly provided in the
Standard Pricing Table or your Application.
4.
SERVICE FEATURES
The availability of service features is dependent on the Service Option you select. Where a
service feature is only available for a specific Service Option the relevant service feature will
be set out in the Service Option terms. Where an additional charge is applicable, the
relevant charge will be set out in set out in the Standard Pricing Table or your Application.
5.
5.1.
SUPPLY, USAGE AND IMPLEMENTATION
Service Provision
(a)
Your Application will contain your selected Service Option(s) (if any), a Target
Service Start Date (where applicable), the charges and any applicable features and
characteristics.
(b) Optus will use reasonable endeavours to meet the Target Service Start Date, as set
out in the Application, however Optus does not make any warranty, representation or
guarantee as to the accuracy of this date.
5.2.
Access Connection
You need to set up and maintain an Access Connection in order to connect to the Optus
M2M Service. This Service Description does not cover the supply of an Access Connection,
which you will need to purchase separately to the M2M Service.
5.3.
5.4.
Service Implementation
(a)
Optus may vary the Service or any term of this Service Description if reasonably
required to do so for technical, operational or commercial reasons.
(b)
Optus may change the Access Method at any time without adjusting the charges.
Equipment used with the Service
(a)
To access the Service using a remote machine-to-machine asset, you will need a
Wireless Device.:
(b)
The Wireless Device must be certified with the A-tick compliance mark provided by the
Australian Communications and Media Authority and must be:
(i)
an external device such as a PC Data Card, USB modem, wireless
router or tethered modem that connects to your machine to machine
asset; or
(ii)
an embedded module within your machine to machine asset.
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5.5.
(c)
As part of the Service, you may choose to purchase an Approved Wireless Device from
Optus or one of its partners.
(d)
You can request a list of Approved Wireless Devices from your account executive or by
contacting Optus Customer Care.
(e)
Alternatively, if you have your own wireless modem or mobile device you may choose
to use it with the Service. You are responsible for the configuration, operation and
repair of any equipment that you provide for use with the Service.
M2M Service restrictions
(a)
You will not be issued with a MSISDN (Mobile Subscriber Integrated Services Digital
Network-Number) for use with the Service and, as such, any service number allocated
will not be available for mobile number porting.
(b)
The Service is only available for use with new SIM connections. The Service does not
include and does not support the migration of existing mobile data services to the M2M
Service.
(c)
The Service does not allow you to access your private enterprise IP data network using
a Remote Device in your M2M Fleet unless you have wireless IP VPN access enabled
for that Remote Device.
(d)
The Service also cannot be used for Remote Devices in your M2M Fleet that are
overseas unless you have:
(e)
6.
6.1.
(i)
the option of international roaming included in your pricing plan on your
Optus Machine to Machine Application; and
(ii)
the Remote Device has roaming activated; and
(iii)
the Remote Device is compatible with the network availability in your
roaming location.
Optus cannot guarantee that the Optus M2M Service can be used successfully with
Remote Devices that are overseas. International roaming is not available in all countries
or in all areas of countries. The countries in which international roaming is available
may change from time to time. Furthermore, some wireless modems or modules only
operate with the networks of certain countries. For further information, please contact
your account executive or Optus Customer Care.
SERVICE AVAILABILITY
Service Availability
Availability of the Service depends on and is subject to location, the configuration and
limitations of the Optus Network and Supplier Networks, and the Access Method used to
deliver the Service.
7.
7.1.
FAULT REPORTING
Faults
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8.
8.1.
9.
(a)
As soon as you become aware of any Fault in the Service, you should undertake your
own initial fault investigation by utilising the “Spotlight” and “Diagnostic” functions within
the Optus M2M Control Centre. These functions allow you to identify key connectivity
issues that you may be able to resolve yourself. Instructions on how to use these
functions can be found under the “Resources” tab in the Optus M2M Control Centre.
(b)
If you are unable to rectify the issue, you must report the Fault to Optus by telephoning
the number notified to you by Optus from time to time. The number will be available 24
hours a day, 7 days a week. You must provide Optus with all necessary information and
assistance to enable verification of the location, and rectification, of any Fault.
(c)
Before reporting a Fault to Optus, you must take all reasonable steps to ensure that the
Fault is not attributable to an Excluded Event. If Optus determines that the Fault is
attributable to an Excluded Event, Optus may charge you for reasonable costs incurred
in the investigation of the Fault, and if you require Optus to rectify the Fault attributable
to the Excluded Event.
(d)
Where Optus determines that the Fault is an Excluded Outage or a Service Outage,
Optus will use reasonable endeavours to rectify the Fault as soon as is reasonably
practicable. The Fault will be rectified when Optus notifies you that the Excluded
Outage or the Service Outage has been resolved. Optus may notify you via telephone
call, voice message, fax, e-mail or text message.
(e)
Additional conditions, if any, regarding fault management applicable to only one or more
Service Options are set out in the relevant Service Option Terms.
OPTUS OBLIGATIONS AND REQUIREMENTS
Optus is entitled to conduct Routine Maintenance without prior notice to you, in accordance
with the following conditions:
(a)
Optus requires outage windows to be available for Routine Maintenance from 2am to
6am every Monday morning, to be used at the discretion of Optus (“Outage Windows”);
(b)
the target maximum impact to the Service during each Outage Window if used for
Routine Maintenance is 10 minutes; and
(c)
the maximum total outage to you due to Routine Maintenance conducted during Outage
Windows for any calendar month is targeted to be no more than 30 minutes.
YOUR OBLIGATIONS AND REQUIREMENTS
9.1.
In using the Service, you must comply with Optus’ Acceptable Use Policy and any rules
imposed by any third party whose Content or services you access using the Service or
whose network your data traverses.
9.2.
The Service does not include, and Optus is not responsible for, any configuration of the
equipment that you use in connection with the Service. This includes the configuration of
any wired or wireless connectivity that may be supported by the equipment that you use in
connection with the Service.
9.3.
You are responsible for ensuring that the equipment you want to use with the Service is
correctly configured.
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9.4.
You may only authorise named administrators and/or End Users to use the Service. You must
keep an up-to-date register of these authorised personnel and make it available for Optus’
inspection at all times on request.
9.5.
You must carry out initial diagnostics and resolution of network connectivity faults in Remote
Devices using the Optus M2M Control Centre.
10.
SPECIAL CONDITIONS
10.1.
Offshore Access To Information. The Service relies for its operation on services supplied
by third parties who are not controlled by Optus. Elements of the Service are hosted in the
United States of America and as such information relating to you and your use of the
Service will be hosted on servers outside Australia. This information may include your
company name and address, administrator name and email, Service usage details, and
billing data. In using the Service, you and your personnel consent to disclosure of this
information to the relevant third parties at location outside of Australia.
10.2.
For further information about privacy, please refer to the Optus Privacy Policy available on the
Optus website.
11.
RELEVANT APPENDICES
 Optus M2M Standard Pricing Table
12.
12.1.
DEFINITIONS
Terms not defined in these Service Family Terms are as defined in the General Terms,
unless inconsistent with the context.
Access Connection means any connection between your nominated equipment and our
Provider Edge Routers in an Optus exchange.
Access Method means the Access Connection method used to deliver the Service.
Administrator means the primary customer contact responsible for issuing and maintaining
End User access to the Optus M2M Control Centre.
Approved Wireless Device means a wireless modem or a wireless module, tested and
approved by Optus for Use with the Service.
A-Tick is a compliance mark produced by the Australian Communications and Media
Authority (the ACMA) for telecommunications items. The A-Tick indicates that an item is
compliant with the mandatory technical standards and can legally be connected to a
telecommunications network. For more information on A-Tick see: www.acma.gov.au
Authorised Operational Contact means a contact nominated by you from time to time as
authorised to make enquiries into your Optus Machine to Machine Service.
Excluded Event means a breach of the Agreement by you, an act or omission of you or any
of your Personnel or an End User, or a failure of your equipment.
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Excluded Outage means Scheduled Maintenance, Routine Maintenance, Service
Degradation, Excluded Event and/or Force Majeure Event.
Fault means a fault in the network connectivity of a Remote Device to the Service;
Force Majeure Event affecting a party means any event outside that party’s reasonable
control, and includes failure or fluctuation in any electrical power supply, failure of air
conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake,
accident, war, labour dispute (other than a dispute solely between that party and its own
Personnel), materials or labour shortage, the change or introduction of any law or regulation
(including the Telecommunications Legislation) or an act or omission of any third party or
any failure of any equipment owned or operated by any third party (including any Regulator,
but excluding a Subcontractor).
Minimum Monthly Charge means the minimum monthly charge for the Service payable
from expiry of the Ramp Up Period during the remainder of the Committed Term of the
Agreement, as set out in the Application.
Optus M2M Fleet means the SIM connections residing in your Optus M2M Control Centre
inventory.
Outage Window has the meaning given to it in clause 7.1(a);
Ramp Up Period means the ramp up period specified in your Application, commencing on
the Service Start Date;
Related Service Options means those Service Options that are pre-requisites to obtaining
the relevant Service;
Remote Device means any a wireless modem or a wireless module connected to the
Service for the purpose of obtaining access to your private enterprise IP data network, as
specified in the Application.
Routine Maintenance means maintenance conducted on the Optus Network during the
Outage Windows.
Scheduled Maintenance means any maintenance Optus deems necessary as notified to
you by Optus from time to time that is carried out between 11:00pm and 7:00am Australian
Eastern Standard Time and does not include Routine Maintenance.
Service Description means the Service Family Terms and Service Option Terms.
Service Degradation means any degradation in the availability and/or performance of the
Service that does not render the Service unusable or significantly affect the operation of the
Service.
Service Family means all Service Options and Associated Services that collectively form
the Optus Machine to Machine Service.
Service Family Terms mean the terms set out in Part 1 of this Service Description.
Service Options means the available service options identified at the beginning of this
Service Description.
Service Option Terms mean the terms applicable to each Service Option as set out in Part
2 of this Service Description.
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Service Outage occurs when there is a loss of connectivity over the Optus Network solely
caused by Optus' act or omission and that is not an Excluded Outage.
SIM means a subscriber identity module embedded in, or used with, a device that identifies
and authenticates the device as a user on a mobile telecommunications network;
Target Service Start Date means the date requested by you and/or estimated by Optus
and agreed between the parties, as the target date on which the service is intended to be
activated and supplied to you, as specified in the Application.
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SERVICE OPTION TERMS
Service Option: Optus M2M Service
This Service Option forms part of Optus Machine to Machine (M2M) Service.
The Optus Machine to Machine Service Description comprises the following Parts:

Part 1: Service Family Terms (applicable to all Optus M2M Services); and

Part 2: The Service Option Terms.
The Service Option Terms are separate terms applicable to each of the Optus M2M Service Options
and are to be read in conjunction with both the General Terms and the Service Family Terms.
1.
DESCRIPTION OF THE SERVICE OPTION
1.1.
The Optus Machine to Machine Service (also referred to as the ‘Optus M2M Service’ or the
‘Service’) is a carriage and service management solution that allows you to communicate
with and manage SIM-enabled devices in the field.
1.2.
The Optus Machine to Machine Service includes the following components:
2.

Optus Machine to Machine mobile data connectivity

Sim card or sim chip

Optus M2M Control Centre access.
Third Party Software
The Optus M2M Control Centre includes the use of a third party software solution. The
licensor of the relevant third party software is Jasper Wireless, Inc. All users of the Optus
M2M Control Centre must accept and comply with Jasper Wireless’ terms of service. These
terms are available to users during the login in process when first accessing the Optus M2M
Control Centre.
3.
RELATED SERVICE OPTION
None
4.
SERVICE CHARGES
(a)
The charges for the Service are set out in your Application, and are incurred from the
Service Start Date. The Service Start Date is deemed to be, the date on which the SIMs
ordered under your Application have been dispatched and loaded by Optus into your
Optus M2M Control Centre inventory.
(b)
Where your Application specifies a Minimum Monthly Charge for the Service, this
Minimum Monthly Charge will apply once the Ramp Up Period has ended.
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(c)
5.
5.1
Unless otherwise agreed between the parties, charges shall revert to the standard
charges set out in the Optus M2M Service Standard Pricing Table after the Committed
Term on 30 days’ notice from Optus to you.
DESCRIPTION OF OPTUS M2M SERVICE FEATURES
Optus Machine to Machine mobile data connectivity
The Optus M2M Service allows a machine-to-machine asset (such as a connected vehicle,
meter or payment device) in locations covered by the Optus Mobile Network, to connect to
your private enterprise IP data network or to the public internet.
5.2
5.3
5.4
The speed of the Optus M2M Service will depend on data transfer speeds and factors
including:
(a)
The type of Optus Mobile network used to connect to the Optus M2M Service. For
example you may obtain faster data transfer speeds on the Optus 3G network
compared to the Optus GPRS Network;
(b)
The type of wireless modem or mobile device used to connect to the Optus M2M
Service;
(c)
The location of the wireless modem or device when using the Optus M2M Service;
(d)
The number of users sharing the Optus Mobile network;
(e)
The speed of the connection chosen between the Optus Mobile network and your
private enterprise IP data network;
(f)
general private enterprise IP data network activity;
(g)
the speed and capacity of the server or application you access within your private
enterprise IP data network; and
(h)
the speed and capacity of your internet connection.
SIM card or SIM chip
(a)
You must use a SIM provided by Optus in each of the Remote Devices that you use
with the Optus M2M Service. These Optus SIMs comprise the Optus M2M fleet that are
managed through your Optus M2M Control Centre inventory.
(b)
The Service allows you to send SMS messages to and from the Optus M2M Control
Centre and your Optus Machine to Machine fleet.
(c)
The Service does not support and you cannot send SMS messages to and from the
Optus M2M Control Centre and any other mobile service outside your Optus Machine to
Machine fleet.
Optus M2M Control Centre access
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The Optus M2M Control Centre is a cloud-based software platform that provides you with
self-serve functions enabling you to manage the Remote Devices in your Optus M2M Fleet.
Features include:
•
Multi-tiered access and privileges
•
Automated provisioning
•
Real-time data
•
Network diagnostics
•
Rules-driven automation
•
Web-services API
To access the Optus M2M Control Centre, you will require internet connectivity and a
compatible web browser.
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