1
SERVICE DESCRIPTION
Optus PowerON Server
This Service Description forms part of the Agreement under which Optus supplies the Service
to you.
Rules of interpretation and capitalised terms that are used in this Service Description are
defined either in the General Terms or in the Dictionary included within this Service
Description. A reference to a paragraph is a reference to a paragraph in this Service
Description unless stated otherwise.
Some important information about the Service:
The Service
Optus PowerON Server
Service Options available
with the Service

Managed Operating System Services

Managed ESXi Services

Managed Virtual Machine Services

Data Protection Services

Virtual Firewall Instance

Shared Internet Access (Sydney Only)

Additional Private Network

Operating System Software Services

Application Software Services
Company supplying the
Services
1.
Optus Networks Pty Limited (ABN 92 008 570 330)
The Service
1.1
Optus PowerON Server is a cloud-based dedicated-server-computing service (the
Service), with service options (Service Options). The Service requires a valid
Optus supplied network access link (provided separately by Optus).
1.2
Optus will provide, and you must acquire, the Service in accordance with the
Agreement for at least the Committed Term. After the end of the Committed Term,
Optus will, subject to availability of storage space, continue to provide, and you
must continue to acquire, the Service in accordance with the Agreement until it is
cancelled in accordance with the Agreement.
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1.3
Optus will provide, and you must acquire, any Service Option in accordance with
the Agreement until it is cancelled in accordance with the Agreement.
1.4
You may not resell the Service to a third party.
2.
Service Features
2.1
The Service includes the following features:
(a)
access to an agreed quantity of Dedicated Physical Servers and storage
infrastructure resources from within Optus’s pool of cloud server resources
located in the Sydney Availability Zone (if chosen) and accessible from a
valid Optus network access link;
(b)
access to an agreed quantity of dedicated servers and storage infrastructure
resources from within Optus’s pool of cloud server resources located in the
Melbourne Availability Zone (if chosen) and accessible from a valid Optus
network access link; and/or
(c)
service options for Managed Virtual Machine services, Data Protection
services, Shared Internet Access services (available only from Sydney
Availability Zone), Virtual Firewall Instance services, Additional Private
Network services, Operating System Software services and Application
Software services.
3.
Service Use and changes
3.1
Service Uses. You are responsible for assessing and monitoring whether the Service
and the terms upon which Optus supplies the Service to you meets any particular
specification, standard, policy, regulatory requirement or other requirement you
require or are subject to having (including any requirement relating to data storage,
control, back-up, accessibility, auditing or security). You are responsible for
ensuring you have an appropriate Optus network access link in accordance with
clause 6 which provides the capacity and throughput required by you to obtain a
reasonable performance on the Service.
3.2
Optus may vary the Service or any term of this Service Description, if reasonably
required to do so, for technical, operational or commercial reasons. Optus will
provide you with a Customer Support Guide containing details about the Service
including the procedures in place for requesting MACs and reporting Incidents.
You must follow the procedures set out in the Customer Support Guide, which
Optus may update the from time to time, notifying you of any updates.
4.
Service Provision: Your Selections
4.1
In your Application you have selected a Service Options and features and
characteristics applicable to the Service. During the provisioning process you will
also be required to provide information requested in an On-Boarding Form.
4.2
You may, subject to the MAC procedure set out in the Customer Support Guide
request an increase in the supply of server and storage infrastructure resources or
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additional Service Options for the Service. Your request will be subject to Opus’
written consent and may incur a change in the applicable fees and charges, in
accordance with Optus’ rates at the relevant time.
5.
Service Charges
5.1
The standard charges for the Service are set out in Appendix 1. The charges payable
by you will depend on the features and characteristics you have selected and any
modifications or changes you request at any time and that are agreed to by Optus.
When requesting MACs from the Service Desk using the procedure set out in the
Customer Support Guide, you should be aware that the Service includes two (2) nonchargeable Simple MACs in any calendar month. In addition, the Virtual Firewall
Instance Service option includes an additional five (5) non-chargeable Simple MACs
for each firewall in any calendar month. The MAC allocation does not roll-over to
the following month. Any further MACs are chargeable at the rates set out in
Appendix 1.
5.2
Optus may vary the charges for the Service or any Service Options from time to time
during or after the Committed Term (if any) by giving you at least thirty (30) days'
notice.
5.3
If Optus gives you a notice to increase the charges under clause 5.2, you will not be
charged any Cancellation Fees if you cancel the Service or relevant Service Option
before the date the variation to charges takes effect.
6.
Prerequisite Optus network access
6.1
It is a requirement for connecting to the Service that you set up an appropriate
network access link to your premises. The appropriate network access link types to
connect your premises to the Service are dependent upon the availability zones in
which the Services that you wish to consume reside in.
6.2
If you chose to consume the Service from the Sydney Availability Zone, then any of
the following network access link types can be used to connect your premises to the
Service:
6.3
(a)
Optus Evolve IP VPN data connection;
(b)
Optus Evolve Ethernet WAN data connection;
(c)
Optus Evolve Internet data connection; and
(d)
Uecomm Ethernet from Uecomm Ethernet Networks.
If you chose to consume the Service from in the Melbourne Availability Zone, then
the following network access link type can be used to connect your premises to the
Service:
(a)
Optus Evolve IP VPN data connection; and
(b)
Optus Evolve Internet data connection.
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6.4
The Optus Evolve and Uecomm Ethernet Networks products are not included in the
Service and are provided separately by Optus.
7.
Provisioning
7.1
You and Optus may agree in the Application a Customer Required Date for
provisioning of the Service. The Customer Required Date will be contingent on
matters such as the provisioning date (if any) for the appropriate network access
links, the availability of capacity on the Optus PowerON Server platform
infrastructure, the availability of the server types being requested, and the availability
of capacity on the Optus PowerON Server storage platform infrastructure.
7.2
If, after making the Application and before the relevant Customer Required Date,
you request a modification to the set-up of the Service and Optus agrees to make that
modification, or if there is a delay in the installation target for the Optus network
access link, then an amended Customer Required Date for that Service may also
need to be agreed.
7.3
Optus will use all reasonable endeavours to provision the Service by the relevant
Customer Required Date, but does not guarantee that it will do so.
7.4
In order to help Optus provision the Service by the Customer Required Date, you
must make available all appropriate resources in a timely manner to enable the
completion and user acceptance testing of the Service to ensure that the Customer
Required Date can be achieved.
7.5
If service provisioning is delayed due to your failure to take all reasonable steps in
supporting the provisioning process or your failure to provide all requested
information, Optus reserves the right to:
8.
(a)
withdraw its acceptance of your Application and cancel your Service; or
(b)
commence charging from the Customer Required Date.
About the Service
Server and Storage Infrastructure Resources
8.1
The network, firewall, server and storage infrastructure resources, which you can
use, will be configured in accordance with your requirements as set out in the OnBoarding Form and any subsequent MACs.
8.2
The server and storage infrastructure resources are made available for your
consumption providing you have a valid network access link type.
8.3
The server and storage infrastructure resources consist of:
(a)
a quantity of non-ESXi Servers (if chosen);
(b)
a quantity of ESXi Servers (if chosen); and
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(c)
a quantity of Storage.
Server Management
8.4
8.5
The Service includes Standard Server Management Services, under which Optus will
undertake the following tasks for all PowerON Server systems (including non-ESXi
Servers and ESXi Servers) dedicated for your usage including:
(a)
management and operation of the physical blade servers;
(b)
management and operation of rack space and power consumed by the
physical blade servers;
(c)
management and operation of port connections and networking
infrastructure;
(d)
management and operation of all Storage infrastructure;
(e)
management and operation of all systems management tools and their
licensing; and
(f)
management and operation of the Service Desk.
If you have chosen ESXi Servers as part of the Service, you can also choose to
acquire the Managed ESXi Services service option as described in clause 10.
Virtual Machine & Operating System Management
8.6
If you choose to acquire the Managed ESXi Services service option, you can also
choose to acquire the Managed Virtual Machine Services (including supported
Operating System) service option. The following conditions apply:
(a)
8.7
Optus only supports the use of VMware-based Virtual Machines on the
correct type of servers as part of the Service:
(i)
the non-ESXi Server Type is not suitable for running VMwarebased Virtual Machines;
(ii)
the ESXi Server Type is suitable for running VMware-based
Virtual Machines;
If you choose not to acquire the Managed ESXi Services then you cannot acquire
the Managed Virtual Machine Services service option.
Optus provided management
8.8
The Service includes access to a Service Desk, through which assistance is provided
to help resolve Incidents, or perform MACs. The Customer Support Guide provides
information on Optus provided Service management.
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8.9
You must nominate users that are able to use the Service Desk. Contact details for
the Service Desk, including hours of operation, are listed in the Customer Support
Guide.
8.10
The Service Desk provides a single point of contact for the registration and
management of:
(a)
Enquiries – which is any contact made with the service desk that does not
result in a MAC or an Incident work request being raised;
(b)
Incidents; and
(c)
MACs.
8.11
Available MACs are set out in the Customer Support Guide. You can request both
simple MACs and complex MACs by contacting the Service Desk as described in
the Customer Support Guide.
8.12
As part of the Service you can have up to two (2) non-chargeable simple MACs in
any calendar month. Any un-used allocation of MACs does not roll-over to the
following month. You can request the supply of chargeable complex MACs as part
of the Service at any time, however, these (and any more than two (2) simple MACs
per month) do carry additional fees as described in Appendix 1.
9.
Service Option : Managed Operating System Services
9.1
The Managed Operating System Services can be provided if chosen by you and
includes the creation and on-going management of supported Operating Systems on
any Dedicated Physical Server or Virtual Machine. The on-going management of
supported Operating Systems would include:
(a)
management of supported Operating Systems on the Optus PowerON
Server platform; and
(b)
applying patch management to supported Operating Systems.
9.2
The Managed Operating System Service is charged for in accordance with the fees
set out in Appendix 1.
9.3
For Optus to provide the Managed Operating System Service, you must provide the
information as requested on the On-Boarding Forms to enable Optus to provision the
Managed Operating System Service in conjunction with the Service, including:
(a)
details of any supported Operating Systems required to be managed on the
intended ESXi Servers and non-ESXi Servers;
(b)
details of any specific patch management policy that are to be applied to any
Dedicated Physical Servers and Virtual Machines; and
(c)
details of the Customer’s users who are permitted to request the Managed
Operating System Services via MAC service requests.
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9.4
You must make available all appropriate resources in a timely manner to enable the
completion and user acceptance testing of the Managed Operating System Service to
ensure that the Customer Required Date for the Managed Operating System Service
can be achieved.
9.5
In the event that you do not make all appropriate resources available in a timely
manner to enable the completion and user acceptance testing of the Managed
Operating System Service to enable Optus to achieve the Customer Required Date
for the Managed Operating System Service, Optus will start charging you for the
Managed Operating System Service starting from the relevant Customer Required
Date.
10.
Service Option : Managed ESXi Services
10.1
The Managed ESXi Services can be provided by Optus if chosen by you and
includes the creation and on-going management of any ESXi Server systems from
within the pool of servers allocated to the you. The service includes:
10.2
(a)
setup and operation of a vCenter server if required;
(b)
setup and operation of a separate SQL DB server for vCenter if required;
(c)
appropriate skilled staff to build, deploy and manage the SQL Servers and
SQL database if required;
(d)
integration of the vCenter and SQL instances into the customers LDAP
(AD) if required; and
(e)
read-access for ESXi Server and vCenter services if required.
If you acquire the Managed ESXi Services service option then you must provide:
(a)
allocation of seven Virtual Machines from within your pool of servers
allocated to you for the purposes of Optus providing management (these
resources equate to nine Virtual Processers, and 30 GB RAM); and
(b)
any necessary VMware licensing. You can either provide necessary
VMware licensing or purchase the appropriate VMware licensing from
Optus.
10.3
The Managed ESXi Services service option is required if you choose the associated
Managed Virtual Machine Services service option.
11.
Service Option : Managed Virtual Machine Services
11.1
The Managed Virtual Machine Services can be provided if chosen by you and
includes the creation and on-going management of any Virtual Machines created on
any server machine that is an ESXi Server type. The on-going management of any
Virtual Machines would include:
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(a)
management of VMware based Virtual Machines on the Optus PowerON
Server platform; and
(b)
applying patch management to Virtual Machines (for supported Operating
Systems).
11.2
The Managed Virtual Machine Service is charged for in accordance with the fees set
out in Appendix 1.
11.3
For Optus to provide the Managed Virtual Machine Service to you, you are required
to also purchase the Managed ESXi Services service option.
11.4
For Optus to provide the Managed Virtual Machine Service, you must provide the
information as requested on the On-Boarding Forms to enable Optus to provision the
Managed Virtual Machine Service in conjunction with the Service, including:
(a)
details of any Virtual Machines and the intended operating systems
required;
(b)
details of any specific patch management policy (if agreed with Optus) that
are to be applied to any Virtual Machines; and
(c)
details of the Customer’s users who are permitted to request the Managed
Virtual Machine Services via MAC service requests.
11.5
You must make available all appropriate resources in a timely manner to enable the
completion and user acceptance testing of the Managed Virtual Machine Service to
ensure that the Customer Required Date for the Managed Virtual Machine Service
can be achieved.
11.6
In the event that you do not make all appropriate resources available in a timely
manner to enable the completion and user acceptance testing of the Managed Virtual
Machine Service to enable Optus to achieve the Customer Required Date for the
Managed Virtual Machine Service, Optus will start charging you for the Managed
Virtual Machine Service starting from the relevant Customer Required Date.
12.
Service Option : Data Protection Service
12.1
The Data Protection Service can be applied to your data held within the PowerON
Server environment, allowing for a copy of your chosen data to be held on a backup
device that is not the primary storage device associated with the Service (Backup
Device). Any data held on the Backup Device is held for a retained period of time
(Data Retention Period). The Data Protection Service also enables you to restore
your data from the Backup Device in the event that the data is needed.
12.2
Your data is backed up onto the Backup Device at the frequency chosen within the
backup schedule as agreed in writing between you and Optus.
12.3
Your data can only be backed up during the allowed Backup Window.
12.4
Your data can only be restored during the allowed Restoration Window.
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12.5
You will be required to deploy applicable backup agents for operating systems and
applications on the Dedicated Physical Servers or Virtual Machines.
12.6
The Data Protection Service is charged for in accordance with the fees set out in
Appendix 1 and is based on:
(a)
the quantity (GB) of data protected on the primary storage device per
month;
(b)
the frequency of the chosen backup schedule; and
(c)
the Data Retention Period for which the data is held on the Backup Device.
12.7
You must ensure that all data that you wish to be stored on the Backup Device is not
locked or otherwise inaccessible (ie. read-protected, write-protected, etc) during the
Backup Window. You acknowledge that any data that is not accessible during the
Backup Window will not be backed up during that period.
12.8
If any Scheduled Maintenance will affect the ability of Optus to provide the Data
Protection Service then Optus will provide equivalent backup services as soon as
feasibly possible after the Scheduled Maintenance and ahead of the next scheduled
backup under the Data Protection Service if you request Optus to do so ahead of the
Scheduled Maintenance.
12.9
Where Optus is required to conduct Unscheduled Maintenance it will use reasonable
efforts to provide prior notice before interrupting the Data Protection Service but
will not be liable for any interruption or loss of data or functionality in such
circumstances, provided that Optus has acted with reasonable care in implementing
that Unscheduled Maintenance.
12.10
You will have no claim against Optus in respect of incomplete or failed backups
where your obligations under this clause 12 are not complied with by you.
12.11
On termination or expiry of this Agreement, any data stored on the Backup Device
will be deleted and no longer available to you.
13.
Service Option : Virtual Firewall Instance
13.1
The Virtual Firewall Instance Service sits between any nominated servers or Virtual
Machines on the Optus PowerON Server platform and the Shared Internet Access
Service, or between two or more private networks. This helps to provide you with
protection from malicious code from the internet using firewall rule sets.
13.2
The Virtual Firewall Instance Service is charged per instance per month in
accordance with charges set out in Appendix 1.
13.3
Each Virtual Firewall Instance Service is dedicated to your specified private network
within the Optus PowerON Server environment.
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13.4
Optus may not be able to provide all rule sets requested by you. Firewall rule sets
will be subject to Optus’ discretion and Optus reserves the right to refuse to
implement any firewall rules.
13.5
The first firewall rule set with the necessary details will be, subject to this clause 13,
based on your specifications as provided by you during the application process and
accepted by Optus. If you do not specify this information Optus will not provision
the Shared Internet Access Service or the Virtual Firewall Instance Service.
13.6
Optus will provide the setup, configuration and on-going execution of the Virtual
Firewall Instance Service. In the event that you wish to amend any of the firewall
rule sets then Optus will allow you to place up to five (5) simple MACs per Virtual
Firewall per month at no charge (in addition to the non-chargeable simple MACs
included with the Service). Any un-used allocation of MACs does not roll-over to
the following month.
13.7
Optus will not provide you with any access to the firewall configuration or
administration tool sets.
13.8
Some features are not supported within/through the Virtual Firewall Instance service
option, including:
(a)
multicast routing;
(b)
threat detection;
(c)
site-to-site VPN;
(d)
client-to-server VPN;
(e)
dynamic routing protocols; or
(f)
QoS markings;
13.9
Optus will incur no liability to you in relation to any loss, damage, costs or expenses
suffered or incurred by you in connection with firewall rules.
14.
Service Option : Shared Internet Access Service (Sydney Only)
14.1
The Shared Internet Access Service is hosted in the Optus Data Center in Sydney
and consists of access to the internet which is shared amongst Optus PowerON
Server customers whose services are being managed from this Optus Data Center.
The Shared Internet Access Service allows an entry point onto the internet for server
systems and Virtual Machines within the Optus PowerON Server environment. The
Shared Internet Access Service includes Distributed Denial of Service (DDoS) attack
mitigation technologies operated and managed by Optus within the network which
helps protect from DDoS attacks. The bandwidth provided is delivered in a shared
internet access model and usage charges will apply based on the quantity of data
downloaded that pass through the PowerON Server Boundary allocated to you.
14.2
Usage charges will be measured by collection devices that measure IP traffic passing
through the PowerON Server Boundary allocated to you and are described in
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Appendix 1. You will be charged monthly in arrears for any usage at a rate per
gigabyte (GB) downloaded (rounded down to the nearest gigabyte).
14.3
It is mandatory for each Shared Internet Access Service to have a virtual firewall
instance. One virtual firewall instance is included in the cost of the Shared Internet
Access Service.
14.4
Optus will provide you with a single IP address as part of the Shared Internet Access
Service.
14.5
If requested by you in the Application (or subsequently requested in writing and
agreed to by Optus), Optus will provide you with additional IP addresses in
accordance with APNIC's rules as applicable from time to time. Those additional IP
addresses form part of the Service for the purpose of the General Terms and this
Service Description.
14.6
You acknowledge that:
(a)
the number of IP addresses that Optus can allocate to you initially will be
limited by availability and will be distributed at Optus' discretion;
(b)
you may request additional IP addresses at any time during the Service.
Optus may, in its discretion, make further IP addresses available at an
additional charge;
(c)
IP addresses allocated to you are not portable and may only be used on the
Shared Internet Access service; and
(d)
IP addresses are a limited worldwide resource allocated in the Asia Pacific
region by APNIC. Accordingly, Optus may be required to withdraw
previously allocated IP addresses, but it will use reasonable endeavours to
notify you of the withdrawal in advance. Optus will incur no liability to you
in relation to any loss, damage, costs or expenses suffered or incurred by
you as a result of that withdrawal.
14.7
The Optus Acceptable Use Policy applies to the Shared Internet Access service
option.
15.
Service Option: Additional Private Network Service
15.1
Each Service is assigned a single private network (an isolated Layer 2 network) that
allows routing between any server systems from the pool of PowerON Server
systems allocated to you and your corporate network. You may use your IP
addressing scheme to connect to the Service.
15.2
You may use the Additional Private Network Service to create additional private
networks within your Service such that it offers a level of segregation within your
allocated PowerON Server environment and provides you with additional private
networks.
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15.3
Each additional private network created under the Additional Private Network
Service is charged per network beyond the first assigned private network per month
(see Appendix 1 for charges).
15.4
You acknowledge that:
(a)
Each private network may contain a single network mask, a default gateway
and a range of IP addresses;
(b)
Each private network beyond the first assigned are chargeable at an
additional cost as described in Appendix 1; and
(c)
A maximum of sixteen (16) additional private networks are allowed per
customer.
16.
Service Option: Operating System Software Service
16.1
Selected Microsoft operating system software services are available as part of the
Operating System Software Services. The available services under the Operating
System Software Service are set out in the Customer Support Guide.
16.2
You may upload templates, deploy and tear down Virtual Machines to the Optus
PowerON Server environment which use the Operating Systems Software Service.
16.3
Optus will charge you for the services under the Operating System Software Service
in the following manner:
16.4
(a)
the operating system software chosen by you will be charged on a ‘per
processor’ basis. You will be charged in arrears in accordance with ongoing
usage based on the maximum number of executed or installed software
instances (and any duplicates of such instances) which are provided, in any
month, by Optus for your use;
(b)
all charges are in arrears based on the previous months usage;
(c)
if you are an academic institution that meet Microsoft’s published criteria
then special pricing relating to certain Microsoft products may apply. If you
would like to apply for consideration for special pricing then you may use
the procedure set out in the Customer Support Guide to apply for special
pricing. Optus will endeavour, but cannot guarantee, to provide such
special pricing; and
(d)
any third party software licence charges may vary if the third party software
provider’s pricing changes. The rates for third party software licensing are
available upon request in accordance with the procedure set out in the
Customer Support Guide.
You acknowledge that:
(a)
periodically Optus may require you to confirm the number of executed or
installed software instances, and provide other reasonable information to
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check that the rates you are paying for the Operating System Software
Services is correct. You must respond within one week of such a request.
Optus may also require you to complete a self audit form as provided by
Optus at any time. You must complete this form in its entirety and return
the form within one week of the request from Optus;
(b)
it is your responsibility to accurately report to Optus usage of the Operating
System Software Service, as requested from time to time and/or in
accordance with the procedures set out in the Customer Support Guide. If
you do not provide Optus with a report, Optus may accept this as a
representation by you that your usage is the same as the previous month, or
that usage is in accordance with Optus’ understanding of your maximum
number of processors, and Optus is entitled to charge you on that basis. If
you do not give Optus accurate reports, Optus may cancel your right to use
the Products and/or charge you for any additional usage; and
(c)
where the Operating System Software Service makes available software
owned or licensed by Microsoft or its Related Bodies Corporate the terms
and conditions of Appendix 2 including the Microsoft End User Licence
Terms apply.
17.
Service Option: Application Software Services
17.1
The Application Software Service makes available application software to you for
use with the Service. The available Application Software Services are set out and
requested in accordance with the Customer Support Guide.
17.2
Optus will charge you for the Application Software Services chosen in the following
manner:
(a)
the application software chosen by you will be charged on a ‘per user’ or
‘per processor’ basis, where:
(i)
the Application Software Services are provided on a ‘per user’
basis (as set out in the Customer Support Guide) you will be
charged in accordance with the maximum number of users
authorised to access the services under the Application Software
Service; or
(ii)
the Application Software Services are charged on a ‘per processor’
basis you will be charged in accordance with your usage based on
the maximum number of software instances which are provided, in
any month, by Optus for your use.
(b)
all charges are in arrears based on the previous months usage;
(c)
if you are an academic institution that meet Microsoft’s published criteria
then special pricing relating to certain Microsoft products may apply. If you
would like to apply for consideration for special pricing then you may use
the procedure set out in the Customer Support Guide to apply for special
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pricing. Optus will endeavour, but cannot guarantee, to provide such
special pricing; and
(d)
any third party software licence charges may vary if the third party software
provider’s pricing changes. The rates for third party software licensing are
available upon request in accordance with the procedure set out in the
Customer Support Guide.
17.3
You must advise Optus on setup of the Application Software Service, and then by
the 10th calendar day of each month your usage of the Application Software Service
for the previous calendar month. Usage for each application must be reported to
Optus based on the maximum number of users or processors used for each relevant
software application in the applicable month.
17.4
You acknowledge that:
(a)
periodically Optus may require you to confirm the number of executed or
installed software instances, and provide other reasonable information to
check that the rates you are paying for the Application Software Service is
correct. You must respond within one week of such a request. Optus may
also require you to complete a self audit form as provided by Optus at any
time. You must complete this form in its entirety and return the form within
one week of the request from Optus;
(b)
it is your responsibility to accurately report to Optus usage of the
Application Software Services, as requested from time to time and/or in
accordance with the procedures set out in the Customer Support Guide. If
you do not provide Optus with a report, Optus may accept this as a
representation by you that your usage is the same as the previous month, or
that usage is in accordance with Optus’ understanding of your maximum
number of possible users or processors, and Optus is entitled to charge you
on that basis. If you do not give Optus accurate reports, Optus may cancel
your right to use the Products and/or charge you for any additional usage;
and
(c)
where the Application Software Services make available software owned or
licensed by Microsoft or its Related Bodies Corporate the terms and
conditions of Appendix 2 including the Microsoft End User Licence Terms
apply.
18.
Service Incident Response and Rectification
18.1
In the event that you detect an Incident in respect of the Service, you must report the
Incident to Optus by contacting the Service Desk as set out in the Customer Support
Guide.
18.2
Before reporting an Incident to Optus, you must take all reasonable steps to ensure
that the Incident is not due to a fault in any equipment or services located outside the
PowerON Server Boundary and that the matter cannot be remedied by you.
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18.3
Optus will do the following in respect of identified Incidents that affect the Service:
(a)
receive calls from the your nominated representative user by way of the
Service Desk, make an initial assessment of the nature of the Incident and
work with the representative user to try and resolve the Incident;
(b)
enter Incidents into the Optus incident management system and allocate a
reference number to the respective Incident to enable the Incident to be
tracked;
(c)
manage Incidents through to resolution;
(d)
work with your representative to contain or reduce the impact of Incidents
while they are being resolved; and
(e)
address procedural issues that underlie the occurrence of Incidents.
18.4
Incident reports will remain open until Optus notifies you that the Incident is
resolved. If you are not satisfied that the Incident is resolved, you can escalate your
concerns in accordance with the escalation procedure detailed in the Customer
Support Guide.
18.5
Where an Incident is caused by third party supplied equipment or third party services
that are not on-supplied by Optus under the Agreement, Optus will notify you that
the Incident is outside the scope of the Service. Where this occurs Optus is not
responsible for resolution of the Incident.
18.6
If Optus investigates an Incident and determines that it is due to a fault that is
attributable to any equipment located outside the PowerON Server Boundary:
(a)
Optus will use reasonable endeavours to inform you of the fault and its
probable cause and location but will bear no further liability or
responsibility;
(b)
Optus may charge you for any costs that Optus incurs in investigating the
fault; and
(c)
if Optus agrees to rectify the fault, Optus may charge you for that work.
Any fees would be agreed with you prior to Optus undertaking that work.
18.7
If Optus investigates an Incident and determines that it is due to a fault that is
attributable to any equipment on Optus' side of the PowerON Server Boundary, then
Optus will be responsible for rectifying the fault in accordance with the Agreement.
18.8
If Optus investigates an Incident and determines that it is due to a fault that is
attributable to a Service Level Exclusion, then Optus may charge you for any costs
which Optus incurs in investigating and rectifying the fault.
18.9
If there is a failure, disruption or degradation of the Service owing to:
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(a)
a fault attributable to Optus, then Optus will use its reasonable endeavours
to restore the Service (and any applicable Service Options) as soon as
reasonably practicable. If Optus is unable to restore the Service (and any
applicable Service Options) within seven days, then you may cancel the
Service and such cancellation will be your sole remedy against Optus. In
such an event, you will not incur a Cancellation Fee but your liability to
Optus will be to pay the monthly recurring charges and any other fees and
charges due up to and including the effective date of cancellation; or
(b)
a fault not attributable to Optus, then Optus will not be liable to you for any
resulting failure, disruption or degradation of the Service (or any applicable
Service Options) and you will pay all fees and charges payable by you for
the Service despite the failure, disruption or degradation of the Service.
18.10
You must provide all necessary assistance to enable location and rectification of any
fault, regardless of whether that fault is the responsibility of Optus or a third party
used by Optus to provide the Service.
19.
Service Availability
19.1
Optus’s Service Level for Service Availability is as follows :
Selected server management option
ESXi Servers with software and hardware clustering
configured as well as Managed ESXi Services
Service
Availability
99.95%
(Note : a higher level of availability can be achieved with
Managed ESXi Services and virtualisation clustering using
high-availability software features).
ESXi and non-ESXi Servers with Standard Server
Management Services
99.85%
Non-ESXi Servers and ESXi Servers with no clustering and
Standard Server Management Services
99.85%
Service Availability – Optus PowerON Server
19.2
Service Availability for Optus PowerON Server is measured using statistics on
Service uptime during which:
(a)
network paths between the core PE routers and the Optus PowerON Server
infrastructure are available for unhindered flow of data;
(b)
the Optus PowerON Server infrastructure is powered on and available to
accept commands from Optus staff on behalf of you; and
(c)
Items that are excluded and defined as Service Level Exclusions and are
omitted from the Service Availability uptime as defined in clause 19.3.
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Service Level Exclusions – Optus PowerON Server
19.3
Service Level Exclusions are defined as:
(a)
any non-availability to the Dedicated Physical Servers or Virtual Machines
caused by:
(i)
any changes that have been made by you to any software installed
or running;
(ii)
any changes that have been made by you to any user-accesspermissions that are on the Dedicated Physical Servers or Virtual
Machines; or
(iii)
any software that causes non-availability to the Dedicated Physical
Server or any Virtual Machine.
(b)
disruption, delay and latency attributed to data traversing over networks
outside of the Optus supplied PowerON Server Boundary, including any
network access link or other service degradation issues occurring outside
the PowerON Server Boundary;
(c)
disruption, delay and performance degradation caused by inappropriate
sizing of Virtual Machine resources being attributed to any Virtual
Machines where Optus has previously advised you that additional Virtual
Machine resources (including physical server systems, processors, memory
and disk) are needed to ensure disruption, delay and performance
degradation doesn’t occur;
(d)
insufficient bandwidth on the Optus supplied network access link and
carriage service;
(e)
DDoS attacks or similar deliberate or malicious attempts by third parties to
interrupt the Service;
(f)
availability or degradation of any third party software used with the Service,
including Software Services provided as a Service Option; or
(g)
availability of the Optus supplied network access link, which you use to
connect to the Service.
Service Unavailability
19.4
Within the Service, the Service is "Unavailable" when:
(a)
all Dedicated Physical Servers and all Virtual Machines that appear to not
be serving application content across the network due to an issue with the
platform infrastructure and such inability is solely caused by Optus' act or
omission and that is not a Service Level Exclusion; or
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(b)
any outage due to scheduled maintenance for the Service exceeds the
stipulated weekly scheduled maintenance window.
(defined as “Unavailable” or “Unavailability” as applicable).
19.5
19.6
A period of “unavailability” begins when:
(a)
you have reported the outage or inaccessible data access as an Incident to
the Service Desk in accordance with clause 18; or
(b)
Optus has notified you of the Unavailability of the Service.
Within the Optus supplied Service, the Service is "Partially Unavailable" when:
(a)
any specific Dedicated Physical Servers or specific Virtual Machines
appears to not be serving application content across the network due to an
issue with the platform infrastructure and such inability is solely caused by
Optus' act or omission and that is not a Service Level Exclusion; or
(b)
any outage of the Service due to Scheduled Maintenance for the Service
exceeds the Routine Maintenance window.
(defined as “Partially Unavailable” or “Partial Unavailability” as
applicable).
19.7
A period of “unavailability” begins when:
(a)
you have reported the outage or inaccessible data access as an Incident to
the Service Desk in accordance with clause 18; or
(b)
Optus has notified you of the Partial Unavailability of the Service.
19.8
The Service ceases to be Unavailable or Partially Unavailable at the time when
Optus notifies you that the Service is available. For this purpose, available means
that the Service has ceased to be Unavailable or Partially Unavailable (as the case
requires). The notification from Optus could be in the form of a telephone call,
voice message, fax, e-mail or text message.
19.9
If it is determined that the Service is Unavailable as set out in clause 19.4, or that the
Service is Partially Unavailable as set out in clause 19.6, then your only remedy in
relation to that Unavailability or Partial Unavailability will be the Service Rebates (if
any) calculated in accordance with clause 20.
20.
Service Rebates
20.1
Your only remedy in relation to faults resulting in the Service being Unavailable, or
being Partially Unavailable in respect of any specific Dedicated Physical Servers or
specific Virtual Machines within the Service will be the applicable rebates (if any)
set out in Tables A and B below (Service Rebates). The Service Rebates will be
calculated on the Service Availability Attainment level per month as identified in
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Tables A and B for each specific Dedicated Physical Server and each specific Virtual
Machine. A Service Rebate is not redeemable for cash.
20.2
In any given month the Service Rebate that may apply for any Unavailability and any
Partial Unavailability of the Service is capped in aggregate for all claims at 30% of
your Monthly Recurring Charge (MRC) for the impacted Dedicated Physical Server
and Virtual Machines applicable to the month the Service is Unavailable or Partially
Unavailable. Service Rebates will be applied only to the Service charges payable for
the Service for which the Service Rebate was incurred.
20.3
You must claim any Service Rebate in writing within 20 working days of the billing
month proceeding when the Service was unavailable.
20.4
Once a claim is made in accordance with this clause 20, subject to clause 20.5 Optus
will calculate any applicable Service Rebate and credit your account an amount
equal to the Service Rebate.
20.5
You will only be entitled to receive a rebate under either this Service Description or
a Related Service Description, whichever has the greater entitlement, if:
20.6
(a)
you elect to receive a service in conjunction with a Related Service
Description, (including Optus Evolve IP VPN); and
(b)
you become entitled to receive a Service Rebate in accordance with this
Service Description and a service rebate under one or more Related Service
Descriptions.
The Service Rebate entitlement is calculated in accordance with Tables A and B
below:
Table A: Service Rebates for the Service
Optus PowerON Server Service Availability
Service Availability
Attainment for Managed ESXi
Description
Server Offering
Optus PowerON Server
infrastructure is alive,
available and is able to
transmit data across the
network connections.
Service Rebate
Rate
(% of MRC)
100% to 99.95%
0%
99.94% to 99.90%
5%
99.89% to 99.80%
10%
99.79% to 99.70%
15%
99.69% to 99.60%
20%
99.60% to 99.01%
25%
Less than or equal to 99.00%
30%
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Table B: Service Rebates for the Service
Optus PowerON Server Service Availability
Service Availability
Attainment for Un-Managed
Description
ESXi or non-ESXi Server
Offering
Optus PowerON Server
infrastructure is alive,
available and is able to
transmit data across the
network connections.
Service Rebate
Rate
(% of MRC)
100% to 99.85%
0%
99.84% to 99.79%
5%
99.78% to 99.72%
10%
99.71% to 99.57%
15%
99.56% to 99.43%
20%
99.42% to 99.01%
25%
Less than or equal to 99.00%
30%
Service Rebate Calculation
20.7
Service Availability Attainment will be calculated using the following formula:
A= D – E
B = D – (E+F)
C = B/A * 100
Where;
A = Scheduled System Uptime
B = Actual Uptime
C = Service Availability Attainment
D = Number of minutes in measured period
E = Number of minutes of Routine Maintenance as described in clause 21
F = Number of minutes system was not available
Any rebate due will be calculated on the service fees that relate to the specific
Dedicated Physical Server or Virtual Machine to which the relevant Service
Availability Attainment applies.
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21.
Routine Maintenance
21.1
Optus will conduct Routine Maintenance of the Optus PowerON Server platform in
accordance with the following:
(a)
Optus requires outage windows to be available for Routine maintenance
from 2am to 6am every Monday morning Australian Eastern Standard Time
/ Australian Eastern Daylight Time (as applicable), to be used at the
discretion of Optus (Outage Windows);
(b)
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 60 minutes;
(c)
Optus will advise you at least five (5) business days in advance if it needs to
perform routine maintenance during the Outage Windows; and
(d)
Optus will use best endeavours not to exceed the targets identified in this
clause, but does not guarantee they will not be exceeded.
22.
Third party software arrangements
22.1
Optus may make available as a Software Service certain third party software for you
to use pursuant to the Service. You acknowledge that:
(a)
your use of any such third party software is conditional on your acceptance
of and compliance with the relevant Third Party Licence Terms;
(b)
the Third Party Licence Terms may be amended from time to time. If you
do not respond to any request from Optus for you to accept the amended
Third Party Licence Terms, Optus may cancel your right to use the third
party software. If you do not accept the amended Third Party Licence
Terms, you must cancel the Service;
(c)
Optus is not the manufacturer of the third party software does not make any
warranties with respect to the software and the only warranties, if any,
available to you are the standard third party software manufacturer
warranties that Optus will use reasonable endeavours to transfer the benefit
of, to you;
(d)
you are not permitted to remove, modify or obscure any copyright, trade
mark or other proprietary notice contained in any such third party licensed
software;
(e)
Optus may be required to keep records of and provide details relating to
your use of software to a third party licensor and you authorise Optus to do
so; and
(f)
Optus may cancel your right to use the third party software at any time, for
example, if the licence granted to Optus by the third party licensor ends.
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22.2
Where you choose a Service Option in which software owned or licensed by
Microsoft or its Related Bodies Corporate forms part of or is provided pursuant to
the Service Option, the Third Party Licence Terms set out in Appendix 2 will apply.
22.3
Where you source the software you wish to use in conjunction with the Service other
than through a Service Option, you are responsible for ensuring you obtain all
necessary approvals and licences to authorise you to use the software in conjunction
with the Service and comply with all terms applying to use of that software.
22.4
Optus may but is not obliged to provide links to internet sites from which you may
be able to source other software from the software licensor. The supply of a link
does not imply an endorsement by Optus of the third party site or software. Optus
does not make such software available to you as a Service Option. Optus has no
liability or responsibility for such software. Optus makes no recommendation,
warranty or representation of any kind in relation to any third party site or software
that you may access through these links. You are responsible for assessing the
suitability of the software for your use in conjunction with the Service and the
applicable licence terms.
23.
Your Data and the Service
23.1
Data licence
(a)
23.2
Data recovery
(a)
23.3
23.4
For the Service (excluding any Service Options) you authorise Optus to
copy and store the data you store on the Optus PowerON Server platform
for the sole purpose of providing you with the Service.
In the event of critical failure of the Service the level of business continuity
is limited to the recovery of any Dedicated Physical Servers and restoration
of any Supported Operating System and files that were previously backed
up - where the Data Protection Service was applied to specific Dedicated
Physical Servers, or Virtual Machines.
Data protection
(a)
The Service keeps customer data on shared storage which is logically
separated and kept private from other customers and third parties by way of
specialist software. While all customer data in the Optus data centre is
stored within Australia, Optus is not responsible for the security and content
of the data as it traverses beyond the PowerON Server Boundary.
(b)
Optus uses third parties, including related bodies corporate and their
suppliers, to provide the Service. Third parties will have access to the
Optus PowerON Server platform and its associated SAN storage array for
the purpose of support and maintenance.
Redundancy and Security measures
The Service protects your data from external attack in the following ways:
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23.5
(a)
External data security. At the hardware level, your data is stored within an
Optus Data Centre certified to ISO27001 Information Security Management
System standard. The Optus Data Centre has security features which may
include N+1 Redundancy for all critical subsystems including Airconditioning, UPS and Emergency Power Generation, and 24 x 7 security
including staged man lock area, CCTV and electronic proximity cards.
(b)
Internal Data Security. The PowerON Server infrastructure is multitenanted. The PowerON Server systems and associated storage
environment protects your data from internal attack in the following ways:
(i)
Physical from Virtual (Hypervisor). If you choose to acquire the
Managed ESXi Server service offering then your virtual machines
are protected from attacks from the shared, underlying physical
infrastructure by the VMware Hypervisor. The Hypervisor is a
layer of software that abstracts the networking, computing and
storage resources from the physical infrastructure and provides
them for use by the Virtual Machines deployed by Optus within the
PowerON Server environment;
(ii)
Storage array technologies, with full power, disk, raid, disk
shelves, and controller redundancy; and
(iii)
Networking (VPN, VRFs, VSIs and Firewalls). Your data traffic
to and from the Optus PowerON Server utilises industry standard
network virtualisation techniques. This technology creates different
virtual networks and separates streams of data into “tunnels” for
each Optus customer across the platform. Traffic is separated into
a separate MPLS VPN for each customer with each customer
utilising their own Virtual Routing and Forwarding (VRF) service.
The networking element is designed to ensure that a particular
customer’s data traffic cannot mix with another customer’s traffic,
despite traversing the same physical infrastructure.
Data privacy considerations
If you collect Personal Information and use the Service to store records of Personal
Information, you, and not Optus shall be responsible for compliance with the Privacy
Act 1988 (Cth) including the National Privacy Principles (or any replacement
principles) and any other laws applicable to you relating to handling Personal
Information. You acknowledge that in relation to this Personal Information:
(a)
Optus is not responsible for contacting any individual in relation to
collection, use, disclosure or any other handling of the individual's Personal
Information as part of the Service;
(b)
You are solely responsible for ensuring your collection, use, disclosure and
any other handling of that data as part of the Service (including its storage
on the PowerON Server platform and the information provided to
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individuals about how their data is handled) complies with all laws applying
to you or Optus and any other obligation applying to you; and
(c)
Optus will refer to you any matter raised by a third party relating to Personal
Information you store on the PowerON Server platform. You must handle
all referred matters at your cost and you agree to indemnify Optus for all
Loss Optus incurs in handling such matters.
23.6
Location The Optus PowerON Server infrastructure resides within Australia.
However, it should be noted that data traffic to and from the platform is facilitated
by a network access link and network, which potentially has global reach. For
example, how you choose to deploy and configure network connectivity options may
mean that data leaves Australia.
23.7
No physical access rights Optus will not permit you nor any person you nominate
any physical access to the PowerON Server infrastructure nor to any facility where
that infrastructure resides.
23.8
No inspection or audit rights Optus will not permit you nor any person you
nominate to have any right to inspect or conduct an audit either physically or
remotely of the PowerON Server infrastructure nor to any facility where that
infrastructure resides (including, without limitation, an Optus Data Centre).
24.
Your acknowledgements and obligations
24.1
In using the Service, you must:
(a)
comply with any applicable Acceptable Use Policy;
(b)
not engage in any activity that breaches any law, order, regulation or
industry code of practice, including but not limited to:
(i)
activity relating to content which is unlawful, offensive,
threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable; or
(ii)
fraudulent activity;
(c)
comply with any rules imposed by any third party whose content or services
you access using the Service or whose network your data traverses;
(d)
not infringe any person's intellectual property rights (such as by using,
copying or distributing data or software without the permission of the
owner);
(e)
where you source the software you wish to use in conjunction with the
Service other than through a Software Service, ensure you obtain all
necessary approvals and licences to authorise you to use the software in
conjunction with the Service and comply with all terms applying to use of
that software;
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24.2
(f)
not perform any performance or stress testing on the Service without prior
written approval from Optus;
(g)
where requested by Optus, provide reasonable business forecasts and
strategic direction;
(h)
not attempt any penetration or security testing without prior written
approval from Optus;
(i)
obtain and maintain current licensing for all third party owned software you
use in conjunction with the Service prior to the termination of the Service,
(j)
ensure you make a copy of all your data stored by you on the Optus
PowerON Server platform by downloading over the network, or
alternatively purchase a service for data extraction of all your data. Optus
may be able to provide customised data and migration services separately,
however such services are not part of the Service; and
(k)
prior to the termination, expiration or cancellation of the Service, remove all
your data from the Optus PowerON Server platform.
You acknowledge that:
(a)
if you, or someone with access to the Service, use the Service in a way that
Optus reasonably believe violates this clause 24 Optus may take any
responsive action Optus deems appropriate. Such actions may include (but
are not limited to) temporary or permanent removal of data and the
immediate suspension or cancellation of all or any portion of the Service;
(b)
any data stored as part of the Service will be deleted and no longer available
upon termination, expiration or cancellation of the Service;
(c)
if your use of the service causes a loss to third parties Optus may take any
other legal or technical action it deems appropriate, including taking action
to recover the costs and expenses of associated with such actions. If Optus
is required to pay compensation, Optus may require you to reimburse us.
(d)
Optus reserves the right to investigate any use of the Service that it
reasonably suspect violates this Agreement, including the gathering of
information from the users involved and the complaining party, if any, and
examination of transmissions and material on any Optus servers or network.
During an investigation, Optus may suspend the Service and/or remove
material that Optus reasonably believes potentially violates this clause 24.
(e)
In order to enforce this clause 24, you authorise Optus (or its agents) to
cooperate with:
(i)
law enforcement authorities in the investigation of suspected
criminal violations, and
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(ii)
(f)
Any failure by us to enforce this clause 24, for whatever reason, shall not
necessarily be construed as a waiver of any right to do so at any time.
(g)
the Service may rely for its operation on services supplied by third parties,
who are not controlled or authorised by Optus;
(h)
Optus does not warrant that the service is free from error or interruption;
(i)
the Service and/or Service Options incorporate third party software for
which the software manufacturer advises is not designed, licensed or
intended for use in the design, construction, operation or maintenance of
any nuclear facility, aircraft operation, air traffic control or life support
system. Optus disclaims any express or implied warranty of fitness for such
uses;
(j)
Optus does not exercise any control over, authorise or make any warranty
regarding:
(k)
24.3
system administrators at other Internet service providers or other
network or computing facilities.
(i)
your right or ability to use, access or transmit any content (whether
error-free, in time, or at all) using the Service;
(ii)
the accuracy or completeness of any content which you may use,
access or transmit using the Service;
(iii)
the consequences of you using, accessing or transmitting any
content using the Service, including without limitation any virus or
other harmful software; or
(iv)
any charges which a third party may impose on you in connection
with your use of the Service; and
Optus may but is not obliged to provide links to internet sites from which
you may be able to source other software from the software licensor. The
inclusion of a link does not imply an endorsement by Optus of the third
party site or software. Unless Optus makes that software available to you as
a Service Option, Optus has no liability or responsibility for such software.
Optus makes no recommendation, warranty or representation of any kind in
relation to any third party site or software that you may access through these
links. You are responsible for assessing the suitability of the software for
your use in conjunction with the Service and the applicable licence terms.
You are responsible for providing any security or privacy measures for your
computer networks and any data stored on those networks or accessed through the
Service. Optus will incur no liability to you in relation to any loss, damage, costs or
expenses suffered or incurred by you as a result of your failure to provide that
security or privacy measures.
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24.4
You acknowledge that Optus may modify or vary the Service. If Optus makes a
modification it will use reasonable endeavours to do so in a manner that provides
technical and operational continuity.
24.5
You indemnify Optus for all Loss suffered by Optus as a result of any claim by a
third party relating to your data, the use you make of any software in connection with
the Service, and/or your use of the Service and any Service Options.
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DICTIONARY
Acceptable Use Policy means the Optus Business Acceptable Use Policy as set out in
Appendix HH and any Optus PowerON Cloud Solution acceptable usage policy (if any such
policy is published on the Optus Business website and the Optus Standard Agreement website
as amended from time to time. The Acceptable Use Policy sets out the rules and guidelines
with which you must comply in using the Service.
AEST means Australian Eastern Standard Time.
APNIC means the Asia Pacific Network Information Centre.
Application Form means the form that the Customer completes in conjunction with this
Service Description and Standard Form Of Agreement to purchase the Service.
Availability Zone means either the Melbourne Availability Zone or the Sydney Availability
Zone.
Backup Window means the portion of each day reserve for performing normal scheduled
backups. No maintenance activities are performed during the backup window. The backup
window will begin at 6:00 PM (AEST) local server time and continue for 12 hours until 6:00
AM the following morning. Backup schedules will be configured to soft-end 1 hour prior to
the end of the backup window, that is, at 5:00 AM (AEST) local time. This will allow
graceful termination of running jobs prior to the blackout window.
Backup Blackout Window means the portions of each day reserved for performing server
maintenance activities, such as checkpoints and garbage collection, which require unrestricted
access to the server. The blackout window begins at 6:00 AM local time and continues for 3
hours until 9:00 AM (AEST).
Byte is the smallest unit of storage accessible by a computer. It consists of 8 binary digits or
bits.
Cancellation Fees are those fees set out in Part C) of Appendix 1.
CCTV means Closed Circuit Television, a system which sends television signals to a limited
number of screens that are monitored by security personnel.
Committed Term means the duration of time in which the Customer commits to purchase the
Service and Optus agrees to supply the Service.
Customer Support Guide means, the manual that Optus provides to you for use in
conjunction with the Service as amended from time to time.
Dedicated Physical Server means server infrastructure of a certain specification that is
wholly allocated for use by the Customer as part of the Optus supplied PowerON Server
Service.
ESXi Server means a server that is preconfigured with VMware ESX virtualisation software
technologies.
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Firewall means a computer system that limits the data that can pass through it and protects
the network servers and data storage devices from damage by unauthorised users.
GB means, for the purposes of this Service Description, 1000 megabytes. That is, 1GB is
1000 megabytes.
Hypervisor means a software layer construct that sits between one or more operating systems
and the physical server. It translates virtual hardware instructions to physical hardware.
Incident means any event which is not part of the standard operation of a service and which
causes, or may cause, an interruption to, or a reduction in the quality of that service.
Managed ESXi Services means the services provided by Optus as described in clause 10.
MB means for the purposes of this Service Description, 1000 kilobytes. That is, 1MB is 1000
kilobytes.
Melbourne Availability Zone means the Optus Data Centre in Melbourne.
Move, Add or Change (or MAC) means any of the following:
(a)
Simple MAC: a move, add or change affecting a single element that is
performed remotely with no change to design, and is listed in the MAC
Catalogue within the Customer Support Guide; or
(b)
Complex MAC: a move, add or change that may require a design change,
and is listed in the MAC Catalogue within the Customer Support Guide.
MPLS means Multiprotocol Label Switching. MPLS is a mechanism in high-performance
telecommunications networks that directs data from one network node to the next based on
short path labels rather than long network addresses, avoiding complex lookups in a routing
table. The labels identify virtual links (paths) between distant nodes rather than endpoints.
On-Boarding Form means a series of printed forms or an excel spreadsheet used to capture
information from the Customer about the configurations desired by the Customer to form the
Service. The information captured may also include information that is necessary for the
basic configuration of the Service.
Optus Data Centre means an Optus data centre which either Optus own, or has a
commercial agreement in place for the leasing of space in which the infrastructure to deliver
the Service is provided.
Outage Windows means the period of time that Optus requires to be available for conducting
routine maintenance. The Outage Window is defined as being from 2am to 6am every
Monday morning Australian Eastern Standard Time / Australian Eastern Daylight Time (as
applicable), to be used at the discretion of Optus ("Outage Windows");
PE Routers means Provider Edge Router. A PE Router is the router between one area of the
Optus network and another area of the Optus network.
Personal Information has the same meaning as in s 6 of the Privacy Act 1988 (Cth).
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PowerON Server Boundary means the egress port of the PowerON Server platform and the
ingress port of the PowerON Server firewall.
Related Bodies Corporate has the same meaning as in section 50 of the Corporations Act
2001 (Cth).
Related Service Description means a Service Description for a service that may be supplied
to you in conjunction with the Service.
Resource Pools means a logical grouping of resources, which may include compute and/or
storage resources.
Restoration Window means your data can be restored at any time except for the blackout
window (6AM to 9AM) AEST.
Scheduled Maintenance in relation to a Service Option means maintenance activities (other
than Routine Maintenance or Unscheduled Maintenance) undertaken at intervals at times
advised by Optus from time to time.
Service Desk means the facility that Optus describes in the Customer Support Guide and
makes available to the Customer for taking enquiries, requesting MACs and reporting
Incidents as part of the Service.
Service Level Exclusions has the meaning given in clause 19.3.
Service Rebates has the meaning given in clause 20.1.
Software Services means the availability of or ability to use third party software under a
Service Option.
Standard Server Management Services means the services provided by Optus as described
in clause 8.4.
Storage means, the quantity and type of storage that the Customer requests for use with the
Service and can be classified as either:
(a)
Standard Storage (using larger capacity disks with lower rotational speeds);
or
(b)
Performance Storage (using smaller capacity disks with higher rotational
speeds and redundancy levels more tuned for write operations).
Supported Operating Systems means the types of operating systems that Optus will support
as part of the OS Managed Services. The types of operating systems that Optus will support
are:
(a)
Windows Server 2008;
(b)
Windows Server 2008R2; or
(c)
RedHat Linux (version 5.8 and above).
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Sydney Availability Zone means the Optus Data Centre in Sydney.
Third Party Licence Terms means the terms applying to your use of third party software
provided to you as a Software Service.
Unavailable/ Unavailability have the meaning given in clause 19.4.
Unscheduled Maintenance means all maintenance activities other than Scheduled
Maintenance and Routine Maintenance.
Virtual Machine means a software implementation of a computer that executes functionality
similar to a physical machine. It consists of predefined or variable amounts of computing
resources obtained from a shared or dedicated pool of compute resources.
Virtual Processor means a virtualised instance of a CPU and its behaviour is consistent with
that of a physical CPU.
VPN means the Optus Virtual Private Network that uses the Optus telecommunication
infrastructure to provide remote offices or individual users with secure access to their
organisations network.
VRF means Virtual Routing and Forwarding. Virtual Routing and Forwarding is a
technology included in the use of Internet Protocol network routers that allow multiple
instances of a routing table to exist in a router and work simultaneously.
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Appendix 1 – Service Charges
A) The pricing below details the charges relating to the Service.
i. Optus PowerON Server - Service Establishment Fees
Optus PowerON Server Establishment
Charges
Establishment Charge – Per Server (for the
Service)
Frequency Establishment Charge
(Excluding GST)
Once Off
$ 1,000 Per Server
ii. Optus PowerON Server - Monthly Service Fees
Description
Frequency
Monthly Recurring
Charge (MRC)
(Excluding GST)
Server Blade (non-ESXi) - B230 M2 2 X
2.13Ghz CPU, 128GB RAM
Monthly
$ 1,850
Server Blade (non-ESXi) - B230 M2 2 X
2.4Ghz CPU, 256GB RAM
Monthly
$ 2,050
Server Blade (non-ESXi) - B230 M2 2 X
2.4Ghz CPU, 512GB RAM
Monthly
$ 2,150
Server Blade (ESXi) - B230 M2 2 X 2.13Ghz
CPU, 128GB RAM
Monthly
$ 2,850
Server Blade (ESXi) - B230 M2 2 X 2.4Ghz
CPU, 256GB RAM
Monthly
$ 3,050
Server Blade (ESXi) - B230 M2 2 X 2.4Ghz
CPU, 512GB RAM
Monthly
$ 3,150
iii. Optus PowerON Server Monthly Service Fees - Storage
Description
Frequency Establishment Charge
(Excluding GST)
Standard Storage (per GB)
Monthly
$ 0.30 cents/GB
Performance Storage (per GB)
Monthly
$ 0.60 cents/GB
iv. PowerON Server Moves, Adds and Changes - Fees
Description
Per Simple MAC
Service Description – PowerON Server (SFOA)
Per Instance Charges
(Excluding GST)
$ 130.00
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NOTE : Two (2) Simple MACs per month are included in
the monthly recurring charges for the Service. Additional
MACs beyond this limit are chargeable.
Per Complex MAC
$ 350.00
B) The pricing below details the charges relating to the above Service Options that are
available that attach to the Service.
i. SERVICE OPTION : MANAGED OPERATING SYSTEM SERVICES
Managed Operating System Service Option – Monthly Fees
Description
Frequency
Monthly Recurring
Charge (MRC)
(Excluding GST)
Managed Operating System (including patch
management for supported Operating
Systems)
Monthly
$ 350.00
ii. SERVICE OPTION : MANAGED ESXi Server
Managed Operating System Service Option – Once Off Charge
Description
Frequency
Once Off Charge
(Excluding GST)
Managed ESXi Server
Once Off
Charge
$ 5,800.00
iii. SERVICE OPTION : MANAGED VIRTUAL MACHINE SERVICES
Managed Virtual Machine Service Option – Monthly Fees
Description
Frequency
Monthly Recurring
Charge (MRC)
(Excluding GST)
Managed Virtual Machine & Operating
System (including patch management for
ESXi systems)
Monthly
$ 260.00
iv. SERVICE OPTION : DATA PROTECTION SERVICES
Data Protection Services – Monthly Fees
Description
Frequency
Monthly Recurring
Charge (MRC)
(Excluding GST)
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Data Protection
Monthly
$ POA
v. SERVICE OPTION : VIRTUAL FIREWALL INSTANCE
Virtual Firewall Instance – Monthly Fees
Description
Monthly Recurring
Charge (MRC)
(Excluding GST)
Per Virtual Firewall Instance
$ 400.00
Additional Virtual Firewall Simple MACs
$ 300.00
(This charge applies to any Simple MACs above the five
(5) Simple MACs included in the monthly charge for
Virtual Firewall Instance.)
vi. SERVICE OPTION : SHARED INTERNET
Shared Internet – Monthly Fees
Description
Monthly Recurring
Charge (MRC)
(Excluding GST)
Per gigabyte (GB) download (for the first 250GB in any
discrete billing month)
$2.50 per GB
Per gigabyte (GB) download (any amount above the initial
250GB in any discrete billing month)
$3.50 per GB
vii. SERVICE OPTION : ADDITIONAL PRIVATE NETWORK
Private Network – Monthly Fees
Description
Monthly Recurring
Charge (MRC)
(Excluding GST)
Per additional private network
$ 75.00
viii. SERVICE OPTION : OPERATING SYSTEM SOFTWARE SERVICES
The rates for Operating System Software Services are available upon request in
accordance with the procedure set out in the Optus PowerON Compute Customer
Support Guide. Third party software licence charges may vary if the third party
software provider’s pricing changes.
ix. SERVICE OPTION : APPLICATION SOFTWARE SERVICES
The rates for Application Software Services and any third party software licensing are
available upon request in accordance with the procedure set out in the Optus
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PowerON Compute Customer Support Guide. Third party software licence charges
may vary if the third party software provider’s pricing changes.
CANCELLATION FEES
C) THE SERVICE – CANCELLATION FEES
If you have chosen to purchase the Optus PowerON Server then the following
Cancellation Fees apply:
Committed
Term
Cancellation Fee
Less than or equal 100% of all amounts that would have been payable in respect of
to 12 months
the recurring monthly charges for the remainder of the
Committed Term from the date cancellation takes effect.
More than 12
months
Cancellation during first 12 months

100% of all amounts that would have been payable in
respect of the recurring monthly charges for the period
between the date cancellation takes effect and 12 months
after the Service Start Date; and

50% of all amounts that would have been payable in
respect of the recurring monthly charges for the period
between 12 months after the Service Start Date and the
expiry of the Committed Term.
Cancellation after first 12 months
50% of all amounts that would have been payable in respect
of the recurring monthly charges for the period between the
date cancellation takes effect and the expiry of the
Committed Term.
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Appendix 2 – Third Party Licence Terms (Microsoft)
The following terms and conditions are the Third Party Licence Terms for any Service Option
that contains software owned or licensed by Microsoft or its related corporations (“Microsoft
Products”) forms part of, or is provided pursuant to, the Service:
(a)
clause 22 of the Service Description;
(b)
the terms applicable to the relevant service option identified in the Service
Description;
(c)
the applicable terms in Appendix 1;
(d)
the pricing applicable to your chosen model of licensing, as set out in Optus’s
Microsoft Software Pricebook, available from your Account Manager or the Optus
Cloud Service Desk;
(e)
the attached Microsoft End User Licence Terms; and
(f)
the following terms and conditions:
1. You agree and acknowledge that Optus, Microsoft and their suppliers do not give
any warranties to you in respect of the Microsoft Products and to the extent
permitted by applicable law, shall not be liable to you for any damages whether
direct, indirect, or consequential, arising from the Microsoft Products.
2. Notwithstanding any other term to the contrary, you consent to, and authorise the
use by Optus, of information or data relating to the use of the Service by you,
including :
i.
ii.
iii.
iv.
v.
technical records of demonstrations, testing or evaluation of
the Service;
usage data including number of users;
Customer’s name and address for verification purposes;
other operational and technical information reasonably
required; and
as required to be disclosed by Optus to Microsoft or any of its
Related Bodies Corporate from time to time.
3. You hereby acknowledge that your use of the Microsoft Products accompanying
the Service is governed by the End User License Terms of Microsoft, a copy of
which is included in this Agreement.
4. The Service and all its components are not fault- tolerant and are not designed or
intended for use in any situation where failure or fault of the Service or any of its
components could lead to death or serious bodily injury of any person, or to severe
physical or environmental damage (“High Risk Use”). The Customer is not
licensed to use the Service in, or in conjunction with, High Risk Use. High Risk
Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the
following: aircraft or other modes of human mass transportation, nuclear or
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chemical facilities, and Class III medical devices under the United States Federal
Food, Drug, and Cosmetic Act or equivalent Australian regulation.
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Volume Licensing
END USER LICENSE TERMS
TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE
This document governs the use of Microsoft software, which may include associated media,
printer materials, and “online” or electronic documentation (individually and collectively,
“Products”) provided by Optus Networks Pty Limited or Alphawest Services Pty Limited
(hereinafter referred to as “Customer”). Customer does not own the Products and the use
thereof is subject to certain rights and limitations of which Customer must inform you. Your
right to use the Products is subject to the terms of your agreement with Customer, and to your
understanding of, compliance with, and consent to the following terms and conditions, which
Customer does not have authority to vary, alter, or amend.
1.
DEFINITIONS.
“Client Software” means software that allows a Device to access or utilise the services
or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager,
telephone, personal digital assistant, “smart phone”, server or other electronic device.
“Server Software” means software that provides services or functionality on a
computer acting as a server.
“Software Documentation” means any end user document included with server
software.
“Redistribution Software” means the software described in Paragraph 4 (“Use of
Redistribution Software”) below.
2.
OWNERSHIP OF PRODUCTS. The Products are licensed to Customer from an
affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and
intellectual property rights in and to the Products (and the constituent elements
thereof, including but not limited to music, text and “applets” incorporated into the
Products) are owned by Microsoft or its suppliers. The Products are protected by
copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. Your possession, access, or use of the Products does not
transfer any ownership of the Products or any intellectual property rights to you.
3.
USE OF CLIENT SOFTWARE. You may use the Client Software installed on your
Devices by Customer only in accordance with the instructions, and only in connection
with the services, provided to you by Customer. The terms of this document
permanently and irrevocably supersede the terms of any Microsoft End User License
Agreement that may be presented in electronic form during your use of the Client
Software.
4.
USE OF REDISTRIBUTION SOFTWARE. In connection with the services
provided to you by Customer, you may have access to certain “sample”, “
redistributable” and/or software development (“SDK”) software code and tools
(individually and collectively “Redistribution Software”). YOU MAY NOT USE,
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MODIFY, COPY AND/OR DISTRIBUTE ANY REDISTRIBUTION
SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH
CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES
PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO CUSTOMER, WHICH
TERMS MUST BE PROVIDED TO YOU BY CUSTOMER. Microsoft does not
permit you to use any Redistribution Software unless you expressly agree to and
comply with such additional terms, as provided to you by Customer.
5.
COPIES. You may not make any copies of the Products; provided, however, that you
may (a) make one copy of Client Software on your Device as expressly authorized by
Customer; and (b) you may make copies of certain Redistribution Software in
accordance with Paragraph 4 (Use of Redistribution Software). You must erase or
destroy all such Client Software and/or Redistribution Software upon termination or
cancellation of your agreement with Customer, upon notice from Customer or upon
transfer of your Device to another person or entity, whichever occurs, first. You may
not copy any printed materials accompanying the Products.
6.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND
DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the
Products, except and only to the extent that applicable law, notwithstanding this
limitation, expressly permits such activity.
7.
NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer
or distribute the Products to any third party, and may not permit any third party to have
access to and/or use the functionality of the Products, except for the sole purpose of
accessing the functionality of the Products in the form of software services in
accordance with the terms of this agreement and any agreement between you and
Customer.
8.
TERMINATION. Without prejudice to any other rights, Customer may terminate
your rights to use the Products if you fail to comply with these terms and conditions.
In the event of termination or cancellation of your agreement with Customer or
Customer’s agreement with Microsoft under which the Products are licensed, you
must stop using and/or accessing the Products, and destroy all copies of the Products
and all of their component parts.
9.
NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT, ANY
WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE
PROVIDED SOLELY BY CUSTOMER AND NOT BY MICROSOFT, ITS
AFFILIATES OR SUBSIDIARIES.
10.
PRODUCT SUPPORT. Any support for the Products is provided to you by Customer
and is not provided by Microsoft, its affiliates or subsidiaries.
11.
NOT FAULT TOLERANT. THE PRODUCTS MAY CONTAIN TECHNOLOGY
THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED,
MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR
APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR
ENGVIRONMENTAL DAMAGE.
12.
EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction.
Customer must comply with all applicable laws including the U.S. Export
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Administration Regulations, the International Traffic in Arms Regulations, as well as
end-user, end-use and destination restrictions issued by U.S. and other governments.
For additional information, see http:www.microsoft.com/exporting/.
13.
LIABILITY FOR BREACH. In addition to any liability you may have to Customer,
you agree that you will also be legally responsible directly to Microsoft for any breach
of these terms and conditions.
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