FAST Fibre Services

Service Description
1. Wholesale FAST Fibre Service Description
  1. FAST Fibre is a service that enables connectivity between an End User’s premises and the Cytrack’s appointed Carrier Network.
  2. FAST Fibre service can be delivered to the End User’s premises over a number of Access Network Types.
  3. FAST Fibre service is supplied using a Network Terminating Unit (NTU) which will be installed within the End User’s premises.
  4. The maximum bandwidth and speeds available at the End User’s premise/s are dependent on the Access Network Type specified on the Order for Service. The service speeds may be reduced due to technical parameters including, but not limited to Third Party Access Type or Third Party Service Provider restrictions, equipment used, network overheads, the number of simultaneous End Users being served and interference with in-building cabling or wiring.
  5. The NTU (which is part of Cytrack’s appointed Carrier Equipment) will have Ethernet ports. Each port can be configured separately to acquire different Services from Cytrack’s appointed Carrier. Currently, the Cytrack’s appointed Carrier Services that can be supplied using FAST Fibre include:
    - e-LAN,
    - e-Line,
    - IP-Line
    - IP-VPN, and
    - ISDN/SIP Voice,
    (each “Available Service“, together “Available Services“).
    
    Cytrack’s appointed Carrier may add new Services to, or remove Services from, the list of Available Services from time to time.
    
    Fast Fibre can also be delivered with no NTU on some Access Network Types. In this scenario, only one Cytrack’s appointed Carrier Available service can be supplied on the Fast Fibre service.
    
    Some Available Services may not be accessible on certain Access Network Types. You may request from Your Account Manager a current list of the Available Services.
2. NTU and Bandwidth
  1. As described above, multiple Available Services can be delivered over FAST Fibre via a single physical connection, with each Available Service provided with a dedicated vLAN to a service hand off port on the NTU.
  2. As part of ordering the FAST Fibre service, You must nominate a bandwidth for each port on the NTU.
  3. The maximum aggregate bandwidth varies across the Access Network Types. You may choose to use the maximum aggregate bandwidth on one port on the NTU.
  4. Bandwidth allocation can be adjusted subsequently.
  5. Within 14 days of the termination of the acquisition of a FAST Fibre service for any reason, You must return the NTU to Cytrack. Cytrack reserves the right to charge you a fee of $800 (ex GST) if you fail to return the NTU in accordance with this clause.
Charges and Payment
1. Pricing Structure
  The pricing structure is broken down as follows:
  1. Service Charges are specified in the Order for Service and will consist of:
    1. non-recurring Service Installation Charges;
    2. monthly recurring Charges:
      1. FAST Fibre access monthly recurring Charges; and
      2. vLAN monthly recurring Charges which will be based on the type of Available Service supplied over the vLAN; and
      3. any other Charges for enhanced service level assurance or similar options chosen by You in the Order for Services.
  2. Other charges may apply to the Services including:
    1. Charges for non-standard installation work; and
    2. call out charges which will apply:
      1. where You have claimed incorrectly that a fault exists with the Service;
      2. for faults caused or contributed to by You or your End Users; or
    3. administration charges for service modifications.
2. Charges
  1. The Charges are specified in the Order for Service.
  2. You acknowledge that other Charges may apply to the Services and include (without limitation):
    1. Charges for termination of Individual Services prior to expiry of the Initial Period for that Individual Service;
    2. Charges for withdrawal of an Order for Service; and
    3. call-out Charges and call-out charges for faults caused or contributed by You.
3. Other Discount Arrangements
  1. Notwithstanding any other provision in the Services Agreement or any other agreement, arrangement or understanding between You and Cytrack (or a Related Body Corporate of Cytrack’s appointed Carrier), no discount, volume or spend based rebate, or other allowance, however expressed, will apply in respect of the Charges payable for the FAST Fibre services.
  2. If the Services Agreement or any other agreement, arrangement or understanding between You and Cytrack (or a Related Body Corporate of Cytrack’s appointed Carrier) creates a discount, rebate or other allowance based on Your total spend across all or selected Services, it is expressly agreed that Charges for the FAST Fibre services will not count towards the calculation of that spend, discount, rebate or allowance.
4. Early Termination
  1. The pricing for FAST Fibre services have been set based on You acquiring the Service for the full minimum period (i.e. Initial Period) nominated in the Order. Notwithstanding any other condition contained in the Services Agreement between You and Cytrack, the Service must be acquired for the minimum term specified in the Order (i.e. the Initial Period). Subject to clause 2.4(b), relocation and early termination is not available with the Service. If You breach this clause, You must pay to Cytrack on demand a termination fee that is calculated as 85% of the monthly recurring Charges that would have applied for the balance of the minimum term.
  2. If You request and We agree to a relocation of a Service (Original Service) where the:
    1. relocation is within the same building; or
    2. relocation is to another site within Cytrack’s appointed Carrier’s selected coverage areas;
    the Parties agree that pricing for the relocation will be as notified upon application and the early termination fee set out in clause 2.4(a) will be waived, provided that the Initial Period of the relocated Service is the same as the remainder of the Initial Period of the Original Service.
Service Levels
1. The Service Level Targets for FAST Fibre are listed in Annexure A.
2. If there is any inconsistency between the Service Levels in this Service Schedule and the Service Levels for the Available Services in any other Service Schedules, then the Service Levels in this Service Schedule will prevail.
Additional Terms and Conditions
1. Service Demarcation Point
  For each Site:
  1. the Service Demarcation Point for that Site is the Ethernet access interface provided on Cytrack’s appointed Carrier’s NTU;
  2. You are responsible for all cabling from the Service Demarcation Point to Your own equipment;
  3. You are responsible for connecting Your own equipment to the Service Demarcation Point to obtain connectivity to the Service;
  4. any configuration required on Your own equipment is Your responsibility. CyTrack or Cytrack’s appointed Carrier or its agent will not configure nor conduct testing on the equipment provided by You; and
  5. In the scenario, where Fast Fibre is delivered with no NTU, the service demarcation point is the access interface provided at the site, for NBN Access Network types, the demarcation point is the same as the NBN demarcation point.
2. Service Updates & Variations
  Cytrack’s appointed Carrier may vary an Available Service provided to You in the following circumstances:
  1. if, in Cytrack’s appointed Carrier’s reasonable opinion, the Available Service needs to be varied or added to in any way from time to time, in which case Cytrack’s appointed Carrier may do so at its discretion without reference to You, provided the variation does not result in any material deterioration in the quality of the Available Service; and
  2. in any other case, upon 30 days prior written notice to You (such notice may contain a new Service Schedule (the New Service Schedule), for the avoidance of doubt the terms of the New Service Schedule will supersede the terms of this Service Schedule).
3. Your Responsibilities
  At each Site:
  1. You must provide space and power at the Site for the NTU;
  2. You must ensure that the NTU is not damaged or interfered with in any way.
4. Provisioning
  1. FAST Fibre is only available at Cytrack’s appointed Carrier’s selected coverage areas and provisioning is subject always to service qualification. A Site that is connected via fibre to Cytrack’s appointed Carrier’s network does not necessarily mean that the Site qualifies for a FAST Fibre. Cytrack’s appointed Carrier does not guarantee availability in all areas.
  2. Cytrack’s appointed Carrier will be endeavouring to deliver the FAST Fibre using carrier rights and immunities under Schedule 3 of the Act. Any nominated provisioning timeframes are based on there being no objections from any building owner or occupier at the Site. If there are objections raised, the timeframe for delivery will extend until the expiry of the objection process. Where the objection is sustained, Cytrack’s appointed Carrier may cancel an order without penalty.
  3. Supply of the FAST Fibre for some Access Network Types may be limited by the build costs. The Charges for any building works are based on the information You have provided to Cytrack’s appointed Carrier. If that information is inaccurate or an unforeseen event occurs, We may charge You for any additional cost We incur in completing the
  4. building works provided that, if reasonably practicable, We notify You of such additional costs before they are incurred and agree them with You. If there are additional costs and you do not agree them, Cytrack’s appointed Carrier may cancel the relevant order(s) without penalty.
5. Service Limitations
  1. Each FAST Fibre access must be delivered to a separate End User location. You cannot offer or supply services to multiple End Users from a single FAST Fibre.
  2. FAST Fibre is intended solely for use as a connection between Your End User’s premises and the Cytrack’s appointed Carrier Network. You must not use the FAST Fibre for connecting Your points of presence or network access points or for interconnecting with other carriers/carriage service providers.
  3. Cytrack’s appointed Carrier reserves the right to not accept orders for FAST Fibre and to withdraw the product from the market on 30 days’ notice.
6. NBN Service Transfer
  1. You warrant and must ensure that each time You submit a Transfer Request to Cytrack for a NBN-based Service (NBN Service Transfer Request):
    1. You will provide a valid Customer Authority authorising the NBN Service Transfer (which is not more than 45 days old);
    2. You retain proper records of the Customer Authority;
    3. You produce a copy of the Customer Authority within 2 Business Days of receiving a request from the Losing Service Provider (LSP) or Cytrack’s appointed Carrier;
    4. You will need to select the relevant NBN Service Transfer Order options which currently include the following options:
      1. Service Transfer: Involves the transfer of an existing NBN-based service using the nominated port, where the service is to be supplied to the same end user to whom the LSP had supplied the service;
      2. Connect Outstanding Transfer: Involves the transfer of an existing NBN-based service using the nominated port, where the service is to be supplied to an end user who is not the same end user to whom the LSP had supplied the service; or
      3. Transfer Reversal: Involves reversing a NBN Transfer as a result of an Invalid Transfer. You acknowledge and agree that:
        
        a request for a Transfer Reversal must be submitted within 5 Business Days of an Invalid Transfer occurring; and
        
        a Charge is payable for the processing of the Transfer Reversal;
    5. You have used reasonable endeavours to ensure that the information in the NBN Service Transfer Request is correct;
  2. You acknowledge and agree that standard Installation Charges apply to a NBN Service Transfer.
7. Acceptable Use Policy
  1. You will ensure that Your Users comply with our Acceptable Use Policy (AUP). Our affiliates or suppliers may also provide an Acceptable Use Policy available on their website which will be provided to if applicable. You confirm that You have read and understood the AUP prior to signing this Service Schedule.
  2. You acknowledge that Cytrack’s appointed Carrier may at any time amend the AUP or cancel the AUP and introduce a replacement AUP and such amendment, cancellation and replacement shall be binding on You on and from the date that it is published on the Cytrack’s appointed Carrier website.
  3. You must not (and must ensure that Your Users do not) use the Service for the purpose of supporting:
    1. substantial carrier or service provider data aggregation applications that result in substantial and continuous network throughput; or
    2. connections for the purpose of providing or enabling carrier or service provider interconnection.
8. Fair Use Policy
  1. It is important to Cytrack’s appointed Carrier that all eligible Cytrack’s appointed Carrier customers are able to access their Services. Accordingly, Cytrack’s appointed Carrier has devised a Fair Use Policy (that is supplementary to clause 4.7) which applies to the use of the Services.
  2. We reserve the right to vary the terms of the Fair Use Policy from time to time. A copy of the Fair Use Policy is available here.
  3. Despite any other provision in this agreement, if you breach the Fair Use Policy, we may, at Our sole discretion, without telling You before We do so:
    1. suspend or limit the Service (or any feature of it); and/or
    2. terminate the Service.
9. Access Network Type Circuit delivered via NBN Ethernet TC-4
  If the Access Network Type Circuit is delivered to You (or any of Your End Users) via NBN Ethernet TC-4 service, You acknowledge and agree that:
  1. the Access Network Type Circuit speed for the Service represents the maximum potential data rate that can be downloaded and uploaded from that Service. The actual data rate or throughput experienced by You (or any of Your End Users) may vary depending on:
    1. network utilisation and the number of users accessing the network at any one time;
    2. the nature and quality of the connection at the Site;
    3. Your (or Your End User’s) hardware or software; and
    4. websites You are (or Your End User is) visiting.
  2. Cytrack’s appointed Carrier does not warrant that the maximum data rate will be achieved. The parties acknowledge and agree that if the maximum data rate is not achieved as a result of any of the matters referred to in clause 4.9(a) above, or any other matter beyond Cytrack’s appointed Carrier’s control, this is not a service fault and is not a breach of a Service Level Target by Cytrack’s appointed Carrier.
10. Acknowledgments and Indemnity
  1. You acknowledge that the Cytrack’s appointed Carrier Network is not necessarily a secure and confidential method of communications and You transmit material on the Cytrack’s appointed Carrier Network and the Internet at Your own risk.
  2. You acknowledge that Cytrack’s appointed Carrier does not and cannot in any way supervise, edit or control the nature, content and form of any material available to be accessed through use of the Services and that Cytrack’s appointed Carrier is not responsible in any way for the nature, content and form of that material, access to that material or use of that material.
  3. You acknowledge that Cytrack’s appointed Carrier will not be responsible for ensuring that any material sent or received by means of the Services is sent or received correctly.
  4. You acknowledge that Cytrack’s appointed Carrier may access and store certain content accessible through use of the Internet (known as caching) for fast and easy access by Customers, that content is updated on a regular basis but there may be delays in that updating and therefore content accessed through the Service may not be the most up to date version.
  5. Neither Cytrack’s appointed Carrier nor Third Party Service Provider exercises any control over the content accessible through the Internet.
  6. You acknowledge that, to the extent permitted by law, Cytrack’s appointed Carrier makes no representations or warranties as to the effectiveness or fitness for purpose of Cytrack’s appointed Carrier’s network security or Your network security. You shall make no claim against Cytrack’s appointed Carrier concerning Cytrack’s appointed Carrier’s Network security or Your network security.
  7. You acknowledge that Cytrack’s appointed Carrier will not be responsible for any damage that You suffer arising from using:
    1. the Service (including, but not limited to loss of data, delays, non-deliveries, or mis-deliveries); and
    2. any content accessed through the Service (including inaccurate, incomplete or out of date information).
  8. You acknowledge and agree (and warrant that Your End Users acknowledge and agree) that Our Third Party Service Provider may apply a profile to the Service which may:
    1. adversely impact the quality of the Service;
    2. affect your ability to order or modify the Service; and
    3. mean you cannot raise a fault ticket relating to the Service.
  9. You acknowledge and agree (and warrant that Your End Users acknowledge and agree) that the operation or performance of the Service can be adversely impacted by another service, equipment or network of a Third Party Service Provider.
  10. You acknowledge and agree (and warrant that Your End Users acknowledge and agree) that if You or Your End User acquires an Ethernet Bitstream based Service:
    1. this may result in the termination of any existing copper voice or non-voice services and You consent (and warrant that Your End User consents) to such disconnection. You agree to indemnify Cytrack’s appointed Carrier against any claim or liability arising from the disconnection of any existing copper voice or non- voice service resulting from the supply of the Ethernet Bitstream based Service;
    2. You will be responsible for registering (or reregistering if any changes occur to the device specification) the End User CPE modem device. Registering the CPE modem device signals that You have tested and verified that the device is compliant with the minimum set of standards as defined by the NBN. Failure to register the CPE modem device will mean that only limited support options (limited to connectivity investigations) will apply to the relevant Service;
    3. You have received the relevant authority from Your End User to conduct an enhanced Service Qualification to the NBN within the last 45 calendar days;
    4. We may not be able to supply the Service in the event of a Power Outage; and
    5. the performance of any activities required to install or activate the Ethernet Bitstream based Service may cause temporary interruption to your current services (such as cable pay TV service).
  11. If battery back-up is supplied as an option for the Service:
    1. You acknowledge and agree, and will ensure that Your End User acknowledges and agrees that:
      1. battery back-up will only provide power to the UNI-V ports in case of a power outage. It will not operate to supply back-up power to Your or Your End User’s handsets or to Your or Your End User’s broadband equipment. Depending on usage, the battery back-up can supply power to the UNI-V ports for 2-3 hours after a power failure before reaching the 50% power availability level. At this point it will switch off to preserve the remaining power for emergency use only;
      2. the back-up battery is not installed by Cytrack’s appointed Carrier and if the back-up battery is not correctly installed or functioning correctly, the Service will not function during a power outage. Cytrack’s appointed Carrier is not liable for installation or functionality (including any incorrect installation or malfunction) of the back-up battery; and
      3. replacement of a back-up battery that has ceased to supply electrical charge will be Your or Your End User’s responsibility; and
    2. You will seek and keep records of informed consent of Your End User when making a selection to either receive or not receive battery back-up option.
  12. If a Splitter is supplied as an option for the Service:
    1. You acknowledge and agree, and will ensure that Your End User acknowledges and agrees that:
      1. the title and risk of the Splitter equipment passes to You or Your End User immediately upon completion of the installation of the Splitter; and
      2. Cytrack’s appointed Carrier is not responsible and nor it is liable for the installation or functionality (including any incorrect installation or malfunction) of the Splitter; and
      3. replacement of a Splitter will be Your or Your End User’s responsibility; and
    2. You will seek and keep records of informed consent of Your End User when making a selection to either receive or not receive the Splitter option.
11. NBN Addendum
  You acknowledge that if the Service is delivered using Ethernet Bitstream, the terms set out in the NBN Addendum apply to the Service, in addition to the terms set out in this Service Schedule and the Services Agreement. You acknowledge that You have received and read a copy of the NBN Addendum and You agree to comply with its terms. To the extent that there is any inconsistency between the terms set out in the NBN Addendum and this Service Schedule or the Services Agreement, the NBN Addendum will prevail.
Customer Service Guarantee Waiver
Although a standard telephone service is part of this Schedule, Cytrack’s appointed Carrier does not warrant that the standard telephone service will be supplied in accordance with the standards set out under the Telecommunications (Consumer Protections and Service Standards) Act 1999 or any amendment or replacement of that Act. You agree to a waiver in respect of the rights and protections available under that Act.
Definitions
In this Service Schedule, unless the context requires otherwise:

Cytrack’s appointed Carrier Network means the telecommunication network between the multi-service edge devices owned by Cytrack’s appointed Carrier (or a Related Body Corporate of Cytrack’s appointed Carrier).

Access Network Type means the technology used by Cytrack’s appointed Carrier (or a Related Body Corporate of Cytrack’s appointed Carrier) or Third Party Service Provider to connect the End User’s premises to the Cytrack’s appointed Carrier Network

Act means the Telecommunications Act 1997 (Cth).

Available Services means the Cytrack’s appointed Carrier telecommunication services that be provided using the FAST Fibre as set out in clause 1.1(e) and described in Annexure B.

Co-location Site means a location that contains a multi-service edge device.

End User means any person who acquires the Services (or part thereof) from You and uses those Services (with or without Your authorisation).

Installation Charge means a one-off Charge for labour, equipment, and associated cabling for initial installation of the FAST Fibre.

NBN means NBN Co Limited ABN 86 136 533 741.

On-Net Fibre Access Type means Access Network Type offered using Cytrack’s appointed Carrier (or a Related Body Corporate of Cytrack’s appointed Carrier) owned and operated fibre infrastructure.

Service or FAST Fibre means the Available Service supplied to You under this Service Schedule.

Service Commencement Date means the earlier of:
1. the date on which Cytrack’s appointed Carrier first notifies You that the Service is ready for use; and
2. the date on which You first use the Service.
Site means a location where You or an End User has a physical presence (that is not a Co- location Site).

Third Party Access Type means Access Network Type offered using Third Party Service Provider owned and operated infrastructure.

Third Party Service Provider means a carrier (as defined in the Act), carriage service provider (as defined in the Act) or an equipment supplier, other than Cytrack’s appointed Carrier (a Related Body Corporate of Cytrack’s appointed Carrier).

Virtual Local Area Networks or vLANs means a method of creating independent logical networks within a physical network.

Usage Based Charges are charges calculated based on the type of call and duration, and may consist of one or more of the following components:

Annexure A

Service Levels

The Service Level has two components:

Service Attributes related to the level of service that Cytrack’s appointed Carrier provides; and
Service Rebates that apply when specific Service Attributes do not perform in accordance with the corresponding Service Level Commitment set out in the table below.

Definitions in or incorporated into this Service Schedule of which this Service Level Agreement forms a part, apply to this Service Level Agreement. In this Service Level Agreement, the following definitions also apply unless the context requires otherwise:

Interrupted Fault means a fault that renders a Service completely non-operational.

Major Rural Area means an urban centre or other recognised community grouping with a population greater than 2,500 but less than 10,000 people.

Metro means a location that is within the nearer of:

the local calling area; or
50 kilometres of the GPO,

of Melbourne, Sydney, Brisbane, Adelaide, Perth or Canberra.

Minor Rural Area means an urban centre, locality or recognised community grouping with a population greater than 200 but not more than 2,500 people.

NBN Infrastructure means infrastructure owned by NBN that is resold by Cytrack’s appointed Carrier as an Access Network Type.

NBN Wholesale Broadband Agreement means the standard Wholesale Broadband Agreement published on NBN’s website from time to time.

Non-Interrupted Fault means a fault where the affected Service is degraded but still operational.

Planned Outage means a period of time as reasonably determined by Cytrack’s appointed Carrier, that Cytrack’s appointed Carrier may interrupt supply of the Service to the Customer for routine maintenance, upgrading or other similar activities, after giving the Customer reasonable prior notice.

Regional means a location that is neither Metro nor Rural.

Remote Area means an area in which the relevant Site is located which is not an Urban Area, Major Rural Area or Minor Rural Area.

Rural means a location that is greater than 250 kilometres from a town with a population of 10,000 or more people, as defined by the Australian Bureau of Statistics.

Service Restoration means the elapsed time during Standard Service Hours:

between the Customer reporting the fault via the Cytrack’s appointed Carrier Wholesale Service Centre and the restoration of the Service; or
between Cytrack’s appointed Carrier responding to an alarm on the Cytrack’s appointed Carrier Network or an Attachment Access and the restoration of the Service.

Standard Service Hours means those hours during which the Cytrack’s appointed Carrier Wholesale Service Centre (or equivalent Cytrack’s appointed Carrier department) is staffed and infrastructure monitoring systems are operational and alarm surveillance occurs.

Third Party Infrastructure means a new Third Party Access Type is required to deliver the service.

Urban Area means an urban centre with a population equal to or greater than 10,000 people.

Service Attributes

The Service Attributes define the level of service that Cytrack’s appointed Carrier aims to deliver to You.

Service Attribute	Attribute Definition	Service Level Commitment
1. Service Reception	Carrier available to answering a telephone call from Cytrack and logging information relevant to a fault or other details relevant to the service required.	Fault Reporting Call Reception is available 24 hours a day, 7 days a week, 52 weeks a year Daily average – 80% of calls will be answered within 20 seconds Billing and Provisioning Enquiries Service Reception is available from 0800 to 1800 AEST, Monday to Friday. Daily average – 80% of calls will be answered within 20 seconds.
2. Standard Service Hours	Those hours during which the Cytrack’s appointed Carrier Wholesale Service Centre (WSC) is staffed and infrastructure monitoring systems are operational and alarm surveillance occurs.	24 hours a day, 7 days a week, 52 weeks a year.
3. Fault Classification	All faults are classified as follows: Interrupted Faults Service is completely non- operational. Non-Interrupted Faults Service is degraded but still operational.	Faults are classified by the Cytrack’s appointed Carrier WSC and advised to the Customer at the time of logging the fault.
4. Response Time	The elapsed time, during Standard Service Hours, between the Customer reporting a fault to Cytrack’s appointed Carrier or Cytrack’s appointed Carrier responding to an alarm, and Cytrack’s appointed Carrier providing the following details to the customer: fault classification initial diagnosis; and an estimated time to restore (if known).	Interrupted Faults: 0 to 60 mins. Non-Interrupted Faults: 4 hours
5. Progress Updates	Updates on the status of faults.	Interrupted Faults: Hourly Non-Interrupted Faults: On a significant event basis, or as otherwise agreed.
6. Planned Outage Notification	Notice of any planned maintenance that could cause a service outage.	Notification at least five Business Days in advance either by letter, telephone, fax or e- mail. In the case where emergency maintenance needs to be conducted, Cytrack’s appointed Carrier will endeavour to provide at least 24-hours’ notice. Planned Outages are typically scheduled between the hours of 12:00am and 6:00am.
7. Service Provisioning		Refer to section 1.1 below.
8. Service Availability		Refer to section 1.2 below.
9. Service Restoration		Refer to section 1.3 below.

Table 1 — Service Attributes

The following sections provide additional clarification to the Service Attributes outlined in the table above.

Provisioning Targets

Installation Targets

The Installation Lead Time Targets outlined in Table 2 (for Third Party Infrastructure other than NBN Infrastructure) and in Table 3 (for NBN Infrastructure) below are subject to the ready availability and capacity of installed Cytrack’s appointed Carrier network infrastructure.
Cytrack’s appointed Carrier will use its best endeavours to adhere to the Installation Lead Times Targets.

The Installation Lead Time Targets commence from the date of the Order Acceptance Notification.

	Existing Cytrack’s appointed Carrier Infrastructure		Third Party Infrastructure (excl. NBN Infrastructure) or new Cytrack’s appointed Carrier Infrastructure Fibre Build
	New Service	Modification to Existing FAST Fibre service
Metro	35 Business Days	10 Business Days	55 Business Days
Regional	35 Business Days	15 Business Days	55 Business Days
Rural	N/A	N/A	N/A

Table 2 — Installation Targets: On-Net Fibre Access Type or Third Party Access Type (other than NBN Infrastructure)

New Cytrack’s appointed Carrier Infrastructure means a new Access Network Type is required to deliver the service.

Existing Cytrack’s appointed Carrier Infrastructure means an existing Access Network Type will be used to deliver the service.

	In Place NBN Infrastructure (Ethernet)	Available NBN Infrastructure (Ethernet)	No Available NBN Infrastructure (Ethernet)
Urban Area	12 Business Days	19 Business Days	35 Business Days
Minor Rural Area, Major Rural Area & Remote Area	12 Business Days	29 Business Days	35 Business Days

Table 3 — Installation Targets: NBN Ethernet

In Place NBN Infrastructure means an End User Site which is NBN Serviceable and is available for automatic connection or activation by NBN Co as at the date of Order Acceptance Notification, without the need to attend the End User Site.
Available NBN Infrastructure means an End User Site which is NBN Serviceable where, as at the date of Order Acceptance Notification:
1. the local fibre is installed and is operational in respect of that End User Site; but
2. either the drop fibre or the Attachment Circuit NTU (or both) is not installed or not operational and requires NBN Co to undertake minor field works in respect of the End User Site.
No Available NBN Infrastructure means an End User Site which is NBN Serviceable where, as at the date of Order Acceptance Notification, the local fibre is not fully installed and operational at that End User Site and will require NBN Co to undertake major field works at that End User Site. For the purpose of this definition, a reference to “local fibre” includes riser copper, or fibre where the premises is located within a multi-dwelling unit.
Installation Lead Time Targets assume that the relevant infrastructure and capacity is already established at the Customer Site. When infrastructure or capacity is not available, the Installation Lead Time Targets will be advised at the time of Order Acceptance Notification.
The Customer acknowledges that in some cases Cytrack’s appointed Carrier will not be able to deliver the ordered Service by the advised Installation Lead Time Targets, due to limitations imposed on Cytrack’s appointed Carrier by Third Party Service Providers.
The Customer must be available for appointments set by Cytrack’s appointed Carrier and Our contractor. In a shared building where access to MDF and riser cables may be required, it is the Customer’s responsibility to organise such access prior to appointment.
Failure to achieve any of the above Installation Targets does not entitle You to a rebate.

Service Availability Targets

The Availability Targets are outlined in Table 4 below.
Cytrack’s appointed Carrier will use its best endeavours to adhere to the Availability Targets.

Failure to achieve the Availability Targets does not entitle You to a rebate.

Service	Availability
FAST Fibre – On-Net Fibre Access Type or Third Party Access Type (excl. NBN)	99.95%
FAST Fibre – NBN Enterprise Ethernet Access Network Type	99.95%
FAST Fibre — NBN Ethernet Access Network Type	99.90%

Table 4 — Availability Targets

Availability is calculated per calendar month as Standard Service Hours less downtime outside the Standing Window for planned outages divided by the Standard Service Hours expressed as a percentage.

Standard Service Restoration Targets

The standard Service Restoration Targets are outlined in Table 5 and Table 6 below. You may choose to order enhanced service levels for NBN Infrastructure as described in clause 1.4 of this Annexure A.
Cytrack’s appointed Carrier will use its best endeavours to adhere to the standard Service Restoration Targets.
Standard Service Restoration Targets are the maximum elapsed time, during Standard Service Hours, between You reporting a fault to Cytrack’s appointed Carrier or Cytrack’s appointed Carrier responding to an alarm, and confirmation to You that the Service has been restored.

Some non-interrupted faults may require monitoring over a time period to effectively diagnose and resolve the problem and this will be advised to You as the fault is investigated.

Standard Service Restoration Targets for On-Net Fibre Access
Interrupted Faults	Targets
Metro	4hrs
Regional	Next Business Day
Rural	N/A
Non-Interrupted Faults
All	Second Business Day

Table 5 — Standard Service Restoration Targets for On-Net Fibre Access

Non-Interrupted Faults
Standard Service Restoration Targets for NBN Infrastructure
Interrupted Faults	Targets
Urban Area	Next Business Day
Major Rural Area	Second Business Day
Minor Rural Area	Second Business Day
Remote Area	Third Business Day
All Areas	Fourth Business Day

Table 6 — Standard Service Restoration Targets for NBN Infrastructure

Enhanced Service Levels for NBN Infrastructure
1. For NBN Ethernet Access Network Type, enhanced Service Level options are available for purchase at an additional cost. These options will offer Service Restoration Targets that:
  1. are generally better than those outlined in Table 6; and
  2. will be the same as the NBN Enhanced Fault Rectification Service Levels set out in NBN Co’s Service Levels Schedule for its Ethernet Product Module (which forms part of the NBN Co’s Wholesale Broadband Agreement).
2. For NBN Enterprise Ethernet Access Network Type, enhanced Service Levels options are available for purchase at an additional cost. These options will offer Service Restoration Targets that:
  1. are generally better than those outlined in Table 6; and
  2. will be the same as the NBN Premium Assurance Service Levels set out in NBN Co’s Service Levels Schedule for its Enterprise Ethernet Product Module (which forms part of the NBN Co’s Wholesale Broadband Agreement).
3. Each of the above options for NBN Ethernet or NBN Enterprise Ethernet is available for selection in an Order for Service form.
4. When You have selected a particular option, Cytrack’s appointed Carrier will procure from NBN for You that particular Service Level option.
5. Cytrack’s appointed Carrier will use its best endeavours to work with NBN to ensure NBN adheres to the relevant enhanced Service Level.
6. The enhanced Service Levels for NBN Infrastructure are subject to change by NBN in which case Cytrack’s appointed Carrier will use its best endeavours to advise You promptly of any such change.

Service Rebates

Service Restoration Rebates

Subject to the rebate conditions and exemptions listed in this Annexure A and in the event of Cytrack’s appointed Carrier failing to meet the standard Service Restoration Targets for an Interrupted Fault in Table 5, the following rebates will apply.

Number of Hours over applicable Restoration Time	Service Restoration Rebate
2 – 4 hrs	10% of the total monthly Charges for the affected FAST Fibre service and accompanying Access.
> 4 and ≤ 6 hrs	15% of the total monthly Charges for the affected FAST Fibre service and accompanying Access.
> 6 and ≤ 12 hrs	25% of the total monthly Charges for the affected FAST Fibre service and accompanying Access.
> 12 hours	30% of the total monthly Charges for the affected FAST Fibre service and accompanying Access.

Table 7 — Service Restoration Rebates

The Service Restoration Rebates are calculated on the basis of the total monthly recurring charges applicable to the month in which the Interrupted Fault(s) occurs for the relevant Service and Access.
Example — an Interrupted Fault occurs at a Metro Site on Cytrack’s appointed Carrier infrastructure which results in a Service being non-operational for 6 hours. The restoration service target for this Site is 4 hours. Restoration takes 2 hours longer than targeted. As such the Customer will be entitled to claim a rebate for 10% of the total monthly Charges for the eligible Service at that Site.
Rebates for a failure to meet an enhanced Service Level for NBN Infrastructure as described in clause 1.4 of this Annexure A will be the same as the amount of rebate paid by NBN in respect of the particular NBN Service.

Rebate Conditions
The following general conditions apply to Rebates:
1. Rebates apply from the first full calendar month that the eligible Service is operational;
2. Where the rebate is available, the rebate is the only remedy in the event of any failure to meet the defined target (where the rebate is not available, no remedy is available);
3. You must apply for the rebate by contacting the Cytrack’s appointed Carrier Wholesale Service Centre and following the prescribed process for obtaining rebates within 30 calendar days of the end of the month to which the rebate applies;
4. The rebate is only to be applied by way of a credit, and cannot be redeemed for cash;
5. The maximum rebate available for each eligible Service in any month will not exceed 100% of the total monthly Charges for that eligible Service; and
6. Rebates will not apply where one or more of the Rebate Exemptions (outlined below) apply.
Rebate Exemptions
You will not be entitled to a Service Restoration Rebate where one or more of the following applies:
1. the Interrupted Fault is directly or indirectly caused by a Planned Outage;
2. disruption or delay in restoring the Service is caused or contributed to by You;
3. You have failed to pay Charges to Cytrack’s appointed Carrier when due and payable;
4. the Interrupted Fault was directly or indirectly caused by a power interruption at Your Site;
5. the Interrupted Fault is directly or indirectly caused by a Third Party Service Provider or as a result of a fault on a Third Party Service Provider’s network, unless a rebate is paid by NBN for the relevant enhanced Service Level option selected at the time of ordering the applicable Service; or
6. the Interrupted Fault is directly or indirectly caused by a Force Majeure Event.

Annexure B

Available Services Descriptions
1. e-LAN
  1. e-LAN is a virtual private network service and establishes layer 2 virtual private LAN services (VPLS) where the Customer may manage its own layer 3 requirements and CPE.
  2. At each Site, the Customer may select a Quality of Service (QoS) package which will determine the priority of the traffic as it is carried across the network. Available QoS packages are:
    1. Best Efforts (BE) QoS, where all traffic is prioritised on a best efforts basis;
    2. Business Data (BD) QoS, where all traffic to the Site is carried with the business data class of service which is a higher priority to BE;
    3. Simple QoS, where traffic is separately prioritised into 6 separate classes of service and the traffic is delivered based on a Weighted Round Robin queuing method;
    4. Flexible QoS which enables the Customer to logically divide the bandwidth at a Site and separately allocate to each portion one of the 6 available priority levels.
  3. Multicast is supported for e-LAN. The default multicast capability of an e-LAN Service is up to 2Mbps of multicast traffic per e-LAN Link which is then broadcast out all links in the e-LAN except the Link from which it was received.
  4. The Service Commencement Date for e-LAN occurs when the primary Site (which is the first in this Order Form) and one other Site are connected and able to pass traffic. Charging for each Site will commence as each is activated after the Service Commencement Date.
2. e-Line
  1. e-Line provides point to point layer 2 connectivity between the two nominated Sites, an A-end and a B-end.
  2. One Site can be the A-End for many different Sites where the access type at the A- End Site has Ethernet Multiple Service Access.
  3. There are a range of variants available: Carrier (or TC1) e-Line, Business (or TC2) e-Line, Standard (or TC3) e-Line, Partner Link. The underlying network infrastructure at the Site may dictate the variant that is available.
3. IP-Line
  1. IP-Line provides access to the Internet.
  2. Except for Cytrack’s appointed Carrier allocated WAN Public IP addresses, or unless expressly provided for in the Order for Service, the Service does not include IP addresses. Where Cytrack’s appointed Carrier provides Public IP addresses, the Customer agrees that:
    1. Cytrack’s appointed Carrier grants the Customer a non-exclusive, non-transferable licence to use those IP addresses solely in connection with the Service; and
    2. on termination of the Service, the Customer must immediately cease using those IP addresses and remove them from the Customer’s software and hardware devices.
  3. Cytrack’s appointed Carrier offers management of CPE/Links as an option. Where the option is chosen, Cytrack’s appointed Carrier will supply, configure and manage the CPE for the term of the Service. Faulty CPE will be replaced by Cytrack’s appointed Carrier as soon as reasonably practicable after it becomes aware of the fault. The Customer will not be provided with credentials to access the configuration of the CPE and must not access or attempt to access the CPE. At the end of the service, the Customer must return the CPE to Cytrack’s appointed Carrier.
4. IP-VPN
  1. IP-VPN is an MPLS private network where Cytrack’s appointed Carrier will manage to layer 3, including IP addressing.
  2. At each Site, the Customer may select a Quality of Service (QoS) package which will determine the priority of the traffic as it is carried across the network. Available QoS packages are:
    1. Best Efforts (BE) QoS, where all traffic is prioritised on a best efforts basis;
    2. Business Data (BD) QoS, where all traffic to the Site is carried with the business data class of service which is a higher priority to BE;
    3. Simple QoS, where traffic is separately prioritised into 6 separate classes of service and the traffic is delivered based on a Weighted Round Robin queuing method;
    4. Flexible QoS which enables the Customer to logically divide the bandwidth at a Site and separately allocate to each portion one of the 6 available priority levels.
  3. The Service Commencement Date for IP-VPN occurs when any two Sites in the same VPN are connected and able to pass traffic. Charging for each Site will commence as each is activated after the Service Commencement Date.
5. ISDN/SIP Voice
  1. ISDN is a version of SIP Voice.
  2. SIP Voice enables the Customer to make and receive telephone calls to an IP PBX or a SIP gateway device which is connected to the Cytrack’s appointed Carrier network. The Session Initiation Protocol (SIP) is employed to transmit the voice traffic.
  3. The Order For Service sets out the Customer’s chosen number of SIP voice sessions i.e., the number of concurrent calls. The number of SIP voice sessions is limited by the amount of available bandwidth on the Access at the Site.
  4. The Customer must not use the Service, or permit the use of the Service, for incoming calls only and/or to make threatening, unwelcome, hoax, or harassing telephone calls.
  5. As SIP Voice is connected to the Internet, the Customer must take all necessary steps to ensure that the equipment connected to the SIP Voice service is secured from unauthorised access, including by way of firewalls, and that voicemail and other systems are secured by passcodes that are regularly changed. The Customer will be liable to pay for all calls made through the Service, regardless of whether the Customer has authorised the calls or the Customer’s equipment or systems have been used, hacked or accessed without consent.
  6. Where Cytrack’s appointed Carrier provides ISDN services, Cytrack’s appointed Carrier will also supply, configure and manage the CPE for the term of the Service. Faulty CPE will be replaced by Cytrack’s appointed Carrier as soon as reasonably practicable after it becomes aware of the fault. The Customer will not be provided with credentials to access the configuration of the CPE and must not access or attempt to access the CPE. At the end of the service, the Customer must return the CPE to Cytrack’s appointed Carrier.
  7. Usage Based Charges
    1. The Usage Based Charges for the Services are based on usage volume for either outbound calls only or a combination of outbound and inbound calls. It will be deemed an Acceptable Use of the Service if Your usage of the Service for outbound calls accounts for at least 40% of Your overall call volume. For the avoidance of doubt, it is not an Acceptable Use of the Service if:
      1. the Service is used for inbound calls only; or
      2. the Service comprises outbound and inbound calls, but the volume of inbound calls exceeds 60% of the overall call volume for the Service (measured across the Service connecting to Cytrack’s appointed Carrier in a given state over a given month).
    2. Inbound calls from Cytrack’s appointed Carrier domestic ‘Inbound’ Services (including Cytrack’s appointed Carrier EasyDial 13, LocalDial 1300 and FreeDial 1800 services and/or Reach 13,1300,1800 Services) terminating on the Service, are excluded from the inbound call Acceptable Use policy.
    3. Any use of the Service which is not an Acceptable Use according to this clause 1.5(g) shall constitute an Event of Default for the purposes of clause 11.6(a)(i) of the Services Agreement.
Access Types
1. MetroEthernet
  1. MetroEthernet is an access technology using Supplier’s fibre optic cabling in metropolitan areas. Coverage is limited to Supplier service areas. Placing this Order does not guarantee availability.
  2. MetroEthernet can be supplied:
    1. with a Network Terminating Unit with Ethernet ports; or
    2. as a wires only service, in which case the Service will be supplied without any network terminating interface or equipment.
  3. If the Customer selects in the Order the relevant access type (the Ethernet Multi Service Access), each port on the NTU can be configured separately to acquire different Services from Supplier.
  4. The service demarcation point for MetroEthernet is:
    1. the NTU where one is supplied; or
    2. where the service is “wires only” the ends of the fibre optic strands installed at the Site.
2. NBN
  1. NBN is an access service where Supplier uses the National Broadband Network (NBN) to supply the access.
  2. The NBN uses a range of technologies. Supplier will use an appropriate technology based on infrastructure available at the Site.
  3. Supplier does not warrant that it has complete NBN coverage. The order for NBN access may be terminated by Supplier where it does not have relevant coverage.
  4. The bandwidth nominated in the Order is the maximum connection speed that will be possible using the NBN access. The actual throughput may be less than the nominated bandwidth due to various factors including: network utilisation; the profile applied to the Service; the number of users accessing the NBN network at any one time; the nature and quality of the connection at the Site; the Customer’s hardware or software; and the sources of the traffic being accessed.
  5. Where not already installed, and, where applicable, NBN Co will install an NBN Network Terminating Device, the title for which remains with NBN Co.
  6. If a central splitter is installed by NBN Co for a Service, the title and risk for the central splitter will pass to the Customer following installation.
  7. The NBN access service does not include supply or maintenance of any common Multi-Dwelling Unit site equipment, any in-premises or in-building wiring, or any cabling that may be required or installed between the Customer’s equipment and any internal wall plate within the customer premises.
3. 4G Backup / Wireless Access
  1. 4G Backup / Wireless Access is a service that provides an interim internet connection using either Cytrack’s appointed Carrier 3G or 4G network in Cytrack’s appointed Carrier coverage areas only.
  2. 4G Backup / Wireless Access service is only available using an Cytrack’s appointed Carrier provided and managed customer premise equipment with an Cytrack’s appointed Carrier SIM activated on Cytrack’s appointed Carrier’s network. The SIM is the property of Cytrack’s appointed Carrier, and it is not to be used in any other device except the assigned Cytrack’s appointed Carrier provided and managed customer premise equipment.
  3. 4G Backup / Wireless Access service is only available for use when You or Your End User loses its primary fixed internet connection to the Cytrack’s appointed Carrier’s network. This excludes mass outages.
  4. You or Your End User will be able to use the 4G Backup / Wireless Access service until the fault is resolved or for a period of 30 consecutive days after the date the 4G Backup service is available for use, whichever occurs first.
  5. Service performance varies depending on network coverage, and Your or Your End User location, with speeds likely to be less than the maximum.