DSL SOHO Service Schedule

Introduction

RO Computer Services Pty Limited trading as Netro (“Netro”) provides a Small Office Home Office ("SOHO") DSL Service (“Service”) that is an oversubscribed ADSL service and allows an "always on" DSL service into the SOHO market place.

This Service Schedule covers supply of a DSL Tail and Internet.

The pricing associated with Service is set out in the Netro DSL SOHO Pricing Page.

The term "Individual Service" means the supply of a DSL Tail and Internet to a location of an End User.

1. Service Components

1.1. The Service is the supply of a DSL Tail and access to Internet bandwidth

1.2. The DSL Tail is supplied through a resold Telstra DSL Layer 2 circuit.

1.3. Each Individual Service comprises:

(i) A DSL Tail which is an Asymmetric Digital Subscriber Line (ADSL) circuit utilising Telstra's existing Customer Access Network between the premises of the End User to a Telstra exchange which is proximate to that End User.

The traffic flowing over that ADSL circuit is aggregated over the Telstra network and carried to a Point of Interconnect between Netro and Telstra.

(ii) Interconnectivity between the Netro Network and the Telstra Network through the relevant Point of Interconnect using ATM technology.

(iii) Access to domestic and international Internet content supplied by Netro.

2. Bandwidth Rates

2.1. The following bandwidth transmission combinations are available (Downstream/Upstream):

Downstream Upstream
256kbit/s 64kbit/s
512kbit/s 128kbit/s
1.5Mbit/s 256kbit/s

2.2. The bandwidth rates set out in the above table are the bandwidth rates that an End User may select.

Upstream refers to traffic from the End User towards the Internet, Downstream refers to the flow from the Internet towards the End User.

The bandwidth rates set out in the above table are the maximum theoretical speed achievable under perfect conditions.

Actual bandwidth rates experienced by each End User may be less than the nominated bandwidth rates as bandwidth rates are affected by many factors including (but not limited to) network congestion, Internet congestion, packet overhead, distance from exchange, line infrastructure quality and Customer Premises Equipment (“CPE”) capability.

3. Service Coverage

3.1. The Service is not available to all potential End Users. Telstra determines DSL Tail availability.

3.2. Tools provided by Netro to assist with service pre-qualification are indicative only. Actual services may not match the information provided by any service pre-qualification tools.

3.3. The pricing bands are determined by reference to the location of the End User and whether the End User is located within the "Local Call Area" of the "Pricing Aggregation Point". An End User is in a Local Call Area if that End User could make a local telephone call over the PSTN to the Telstra Exchange which houses the nearest Pricing Aggregation Point.

The Pricing Aggregation Points currently are in the central business districts of Sydney, Canberra, Melbourne, Hobart, Adelaide, Perth, Darwin and Brisbane.

The locations of Pricing Aggregation Points may be changed by Telstra from time to time. If Telstra offers Pricing Aggregation Points within the metropolitan area of each State and Territory in Australia then Netro must offer Services through each such Pricing Aggregation Point.

3.4. There are three pricing bands:

(i) Metro – where the End User is located within the Local Call Area of the nearest Pricing Aggregation Point in the same State as that End User.

(ii) Regional 1 – where the End User is located outside the Local Call Area of the Pricing Aggregation Point in the same State as that End User but within 165km of that Pricing Aggregation Point.

(iii) Regional 2 - where the End User is located outside the Local Call Area of the nearest Pricing Aggregation Point in the same State as that End User and more than 165km from that Pricing Aggregation Point.

4. Service Connections

4.1. This Service is ordered by submitting a signed and completed Order Form to Netro. Individual Services for each End User may in the future be ordered by completion of the On-Line Ordering Request system.

Should an Order form/On-Line Ordering Request be received, Netro will commence the provisioning process and, if the process discloses that the DSL Tail can be provisioned, an order will be placed with Telstra for that DSL Tail.

The Service Commencement Date for the Individual Service will be, and charging will commence from, the date that Telstra activates the DSL Tail.

Indicative End User provisioning times are 7 Business Days from the acceptance of an On-Line Ordering Request (i.e. after the process discloses that the DSL Tail can be provisioned) and subject to availability.

4.2. Our capability to provide Individual Services will be determined by us prior to our accepting the SOHO DSL Order Form or On-Line Ordering Request.

We make no guarantee that the Service will be available in an area or at the bandwidth required. We do not have access to the DSL networks of all carriers.

4.3. If for any reason we are unable to meet the date that we stipulate to the End User as being the expected date for activation of the Service, we will inform the End User of the new delivery date.

5. Service Delivery

5.1. An Individual Service can only be provided over a Qualified Pair (meaning a copper pair which passes Telstra's Service Qualification) where Telstra supplies operational standard telephone services over the same Qualified Pair and accordingly:

(i) The End User to whom an Individual Service is delivered has to be the same End User to whom Telstra or a reseller of Telstra supplies a standard telephone service using that Qualified Pair;

(ii) The Individual Service is only provided for so long as the End User referred to in clause (i) above continues to acquire that standard telephone service from Telstra or a reseller of Telstra using that Qualified Pair; and

(iii) The Individual Service may be terminated where the End User ceases to acquire a standard telephone service from Telstra or a reseller of Telstra using that Qualified Pair.

5.2. You acknowledge that, in some instances such as where the End User is acquiring a Monitoring Service (meaning a service for the monitoring of End User premises such as remote alarm services), additional CPE such as central splitters and network termination devices must be installed by the End User at own cost before the Individual Service can be provided. This additional CPE must be installed prior to Individual Service activation.

Installation of Individual Services

5.3. In respect of each Individual Service the installation and operation of the Individual Service may cause temporary disruption in the standard telephone services received by the End User or a Monitoring Service.

5.4. The End User’ acknowledges that the installation and operation of a Monitoring Service may cause temporary disruption to an Individual Service.

5.5. The End User's acknowledges that the installation and operation of an Individual Service may mean that some incompatible products that might have been available from Telstra to the End User will not be supplied to the End User using the Qualified Pair (a complete list of incompatible products is available upon request).

5.6. The End User agrees that any provider of a Monitoring Service used by an End User has been notified that.

(i) installation and operation of an Individual Service may cause temporary disruption in the standard telephone services or a Monitoring Service received by an End User; and

(ii) installation of CPE such as central splitters and network termination devices may be required under paragraph 5.2.

5.7. You release Netro and all suppliers of Netro from all liability to the End User or you, and indemnify Netro against all costs, expenses, liability, loss or damage incurred or suffered by Netro in conjunction with any claims, actions or proceedings against Netro (including third party claims or claims by an End User or Telstra) arising out of the following (to the extent that the liability is caused by the provision or cancellation of this Service):

(i) disruption in the PSTN services or Monitoring Services of an End User;

(ii) cancellation of the Individual Service;

(iii) suspension of the provision of the Individual Service to particular IP Addresses;

(iv) cancellation of, or refusals to provide, all incompatible products; and

(v) possible breaches of the Telecommunications (Customer Service Guarantee) Standard in respect of that End User.

6. End User Access

6.1. End User access will be available within Telstra designated service areas only. End User access is provided subject to availability of suitable copper pairs. End User access cannot be provided on pairs conditioned with loading coils or pair gain systems.

7. End User Protocols

7.1. The SOHO DSL Service requires either one of the following protocols for End User equipment (CPE), for delivery for Internet Protocol (IP) traffic:

(i) PPP over Ethernet (PPPoE); and

(ii) PPP over ATM (PPPoA).

8. Authentication

8.1. Authentication for this service will be based upon a username provided by Netro upon provisioning of an Individual Service. The username provided is fixed cannot be changed by the Customer.

9. IP Addresses

9.1. A single IP address is assigned to each End User CPE dynamically upon connection to the Netro Network.

9.2. The allocated IP Addresses are based on the Internet community’s ‘Best Current Practice’ as set out in RFC 2050.

10. Customer Premise Equipment

10.1. CPE used to terminate the DSL Access Tail at the End User’s premises must be capable of working with the DSL exchange equipment and network
architecture.

10.2. Not all types of CPE are compatible with the DSL Tail.

10.3. Netro will assist with the identification of CPE compatible with the DSL Tail.

10.4. Netro will upon request sell to End User, CPE compatible hardware, including DSL modems, Routers, Line Filters and Network Cards.

11. Application Layer Services

11.1. Each Individual Service will also include:

(i) One email account with 5MB storage per account;

(ii) 1 personal web home page 5MB storage and 150MB included data
transfer.

12. Service Term

12.1. Each Individual Service must be retained for a minimum period of 6 months from its activation and this period is the Minimum Service Period.

12.2. If an Individual Service is terminated less than 6 months after it is activated (other than in accordance with clause 12.1), the disconnection fee or Early Termination Charge as set out in the Netro SOHO DSL Price Schedule will apply.

13. Service Changes or Upgrades

13.1. Netro may offer new or revised DSL Services after activation of a Service.

13.2. You acknowledge and agree that the Services provided are subject to Terms and Conditions of Service including a Minimum Service Period.

13.3. You acknowledge and agree that the introduction of a new or differing service does not waive or change the Terms and Conditions of Service relevant to an Individual Service and the Minimum Service Period and associated disconnection fee or Early Termination Charge applies.

14. Terms and Conditions of Service

14.1. The End User agrees to the Terms and Conditions of Service provided by Netro. The provision of each Individual Service is subject to agreement by the End User of the Terms and Conditions of Service.

15. Billing

15.1. The charges associated with each Individual Service are set out in the Netro SOHO DSL Schedule.

15.2. Each End User will be billed in advance for the Service, except for usage-based charges, which will be charged in arrears.

15.3. The Customer is liable for the Service Activation Charge on acceptance of an Ordering Request (i.e. after the process discloses that the DSL Tail can be provisioned).

16. Suspension of Services

16.1. Netro retains the right to suspend an Individual Service without notice should the End User breach the Terms and Conditions of Service.

16.2. Netro may at any time at its discretion (including without notice) suspend, disconnect or alter access to any or ALL Individual Services where:

(i) Netro or its suppliers are required to undertake the repair, maintenance or service of any part of the Service or to attend to any emergency;

(ii) it is reasonably required to reduce or prevent fraud or interference with the Service;

(iii) Netro believes that there has been a breach of this Service Schedule by the Customer;

(iv) Netro believes it is necessary to do so to comply with any law and/or order, instruction or request of government, emergency services or other competent authority, emergency services or other competent authority;

(v) there is failure by the Customer to pay any charges outstanding to Netro.

17. Termination of Services

17.1. Netro retains the right to terminate an Individual Service should the End User breach the Terms and Conditions of Service.

17.2. Netro may at any time at its discretion (including without notice) terminate this Service Schedule and ALL Individual Services where:

(i) there the Customer has breached any material provision of this Service Schedule that is capable of being remedied and does not rectify that breach within seven (7) days of receiving written notice from Netro requesting it to do so;

(ii) by providing seven (seven) days written notice to the Customer if the Customer breaches any material provision that is not capable of being remedied;

(iii) the Customer fails to pay, within fourteen (14) days of their Due Date, any charges payable for Service supplied to the Customer by Netro under this Service Schedule.

17.3. Netro retains the right to terminate this Service Schedule and all Individual Services under this Service Schedule should Telstra terminate its agreement to supply the DSL Tails.

If such an event occurs, Netro will use commercially reasonable endeavours to source an alternative supplier of DSL Tails and will provide as much notice as possible (and in any event not less than 30 days) before terminating this Service Schedule.

18. Service Level

18.1. No service-level commitment is available with Netro SOHO DSL Service.

18.2. Netro will use all reasonable endeavours to provide a timely response in relation to Service issues, however no guarantee is offered in respect of the time to provision services, detect faults, or to repair or restore ADSL services which develop a fault.

19. Fair Use Policy

19.1. Netro reserves the right to introduce a Fair Use Policy in respect of this Service.

19.2. Netro may only introduce a Fair Use Policy by giving 30 days written notice to the End User.

19.3. If an End User uses an Individual Service in excess of the Fair Use parameters, Netro may at any time and without notice take the steps outlined in the Fair Use Policy.

19.4. The Service currently provides for access to domestic and international Internet content supplied by Netro subject to the bandwidth rate applicable to each Individual Service and the contention ratio supporting the service.

Should Netro introduce a Fair Use Policy, the Fair Use Policy may incorporate other bandwidth rate limiting mechanisms.

19.5 If a Fair Use Policy is introduced within the first year of Netro provisioning of SOHO DSL, and if a client wishes to terminate their account on this basis, Netro may absorb part of the standard cancellation fee.

20. End User Agreement

20.1. The provision of each Individual Service is subject to agreement by the End User of the Terms and Conditions of Service.

20.2. The End User acknowledges and agrees to the following conditions:

(i) the End User acknowledges and agrees that the actual bandwidth rates experienced by each End User may be less than the nominated bandwidth rates as bandwidth rates are affected by many factors including (but not limited to) network congestion, internet congestion, packet overhead, distance from exchange, line infrastructure quality and CPE capability;

(ii) the End User agrees that it will NOT contact Telstra directly regarding any ADSL service provided and will only contact the Netro Customer help desk;

(iii) the End User acknowledges and agrees that it is bound for the Minimum Service Period of the Service as disclosed in the relevant Service Schedule of the Service notwithstanding the introduction of new products and services;

(iv) the End User acknowledges and agrees that the installation and operation of the Individual Service may cause temporary disruption in the standard telephone services received by the End User or a Monitoring Service;

(v) the End User acknowledges and agrees that the installation and operation of a Monitoring Service may cause temporary disruption to an Individual Service;

(vi) the End User acknowledges and agrees that the installation and operation of an Individual Service may mean that some incompatible products that might have been available from Telstra to the End User will not be supplied to the End User using the Qualified Pair;

(vii) the End User acknowledges and agrees that any provider of a Monitoring Service used by an End User has been notified that:

a) installation and operation of an Individual Service may cause temporary disruption in the standard telephone services or a Monitoring Service received by an End User; and

b) installation of CPE such as central splitters and network termination devices may be required.