Leased Line Category Terms
These terms apply to all Leased Line services we provide, e.g. Ethernet, and form part of our customer contract with you. They must be read in conjunction with our SFoA core terms at au.pacnet.com/terms-and-conditions/.
2. Leased line service
We may provide the following Leased Line services:
2.1. Transmission capacity – dedicated point to point data communications services using industry standard speeds, such as E1 (2Mbps), E3 (34 Mbps), DS3 (45 Mbps) or STM1 (155 Mbps) and sub rates of these;
2.2. DAR – a point to multi-point digital data service;
2.3. DDS – a dedicated point to point digital data service;
2.4. Ethernet – a point to point or point to multi-point connection based on one of the IEEE 802.3 standards, such as 802.3, 802.3u and 802.3z.
2.5. Frame Relay – a point to point or point to multi-point data service composed of one or more virtual circuits, in which we may provide the data service and/or the virtual circuits;
2.6. ATM – a point to point or point to multi-point data service composed of one or more virtual paths containing one or more virtual circuits, in which we may provide the data service and/or the virtual paths and/or the virtual circuits;
2.7. HDSL – a point to point symmetric communications service;
3. Service location and conditions
3.1. The availability and continuation of Leased Line services are subject to technical and other conditions.
3.2. The ‘service location’ is the place to which a Leased Line service is supplied, or is to be supplied.
3.3. ‘Service conditions’ means any and all of:
3.3.1. technical conditions for supply of a Leased Line service1;
3.3.2. wholesaler conditions for supply of a Leased Line service2; and
3.3.3. where we consider that the consent of any third party is required3 – obtaining that consent.
3.4. Your service conditions include:
3.4.1. notifying us if any additional services are required before the service can be enabled;
3.4.2. providing a suitable place and conditions for the service if applicable;
3.4.3. certain products and services are incompatible with Leased Line services. Your service conditions also include overcoming any incompatibility issues;
3.4.4. receiving a favourable feasibility report in clause 5;
3.4.5. the use of equipment which is approved by both the ACA (Australian Communications Authority) and us;
3.4.6. a requirement that you must comply with all service conditions at your own cost, and we are not responsible for any consequences of you failing to do so.
4. Supply of service
4.1. We will provide you with a Leased Line service if you and the service location satisfy:
4.1.1. all service conditions; and
4.1.2. our application and other requirements.
4.2. We may give you an indicative date for service commencement, but we are not bound by it.
4.3. If you transfer from another service to our Leased Line service, there may be a period of service interruption.
4.4. If you fail to provide us, our wholesaler or our agent with access to the service location to carry out all necessary works to provision a service, then you are deemed to have withdrawn your application for that service.
5.1. Before any Leased Line service can be provided, we must carry out a feasibility study.
5.2. A feasibility study under this clause is a service condition.
5.3. Once you request a Leased Line service, we (or our wholesaler, or both of us) will carry out a feasibility study to determine whether we can provide a Leased Line service to the service location.
5.4. Upon completion of the feasibility study in clause 5.3, we will report to you on whether it is feasible to provide the Leased Line service (‘feasibility report’).
5.5. The feasibility report will tell you:
5.5.1. whether the Leased Line services can be provided to a service location; and
5.5.2. if a Leased Line service can be provided, whether there will be an additional build cost to facilitate provision of the Leased Line service.
5.6. If we incur costs in:
5.6.1. carrying out the feasibility study or providing the feasibility report; and
5.6.2. the carrying out of work to provision the Leased Line service (including any building work);
you must pay for these costs, whether or not we do the work or our wholesaler does.
6. IP Addresses and equipment
6.1. Where we allocate IP addresses to a Leased Line service, we do so on the basis (subject to clause 34 of our Core Terms) that:
6.1.1. ownership in them always remains with us; and
6.1.2. they may be subject to change.
6.2. Where we (or our wholesaler) provides you with equipment and you have not purchased that equipment, you must adhere to the conditions of clause 37 of our Core Terms as though you had purchased that equipment.
7.1 The price for our services is subject to your individual circumstances and requirements and where applicable our price list.
7.2 Unless stated otherwise in your Customer Contract, data usage is calculated and charged on the higher of uploads and downloads4.
8. Service levels
8.1. To the extent permitted by law, we do not guarantee the performance of any Leased Line service to a particular service level, unless we provide you with a service level agreement, in which case we provide the Leased Line service subject to it.
8.2. You acknowledge that:
8.2.1. there are a number of factors which may effect the performance of the Leased Line service, some of which are outside of our control5;
8.2.2.service may not be continuous;
8.2.3. there will be variations in response times and capacity of service.
8.3. We may:
8.3.1. limit the performance of the service from time to time;
8.3.2. cease or interrupt the service to troubleshoot, maintain or upgrade it; and
8.3.3. restrict the port speed terminating a service at anytime6.
9. Your network
Unless we agree otherwise in writing, we will not configure your network or workstations.
10.1. You must protect your computer or network from:
10.1.1. security threats; and
10.1.2. viruses, trojans, worms and other malware.
10.2. You must ensure the service is not used for any unauthorised or unlawful access or use of another customer’s service.
11. Wholesale conditions
11.1. Leased Line services rely on infrastructure and services provided by wholesalers.
11.2. Wholesalers insist that end users (such as you) of Leased Line services that are provided by means of that wholesaler’s infrastructure are bound by terms and conditions (as part of your customer contract) specified by the wholesaler – ‘wholesaler conditions’.
11.3. If we notify you that someone is the relevant wholesaler for your Leased Line service7, then your customer contract includes as wholesaler terms the terms and conditions in the schedule to this Part that corresponds to that person.
11.4. In the case of inconsistency between wholesaler terms and anything else in your customer contract, wholesaler terms yield.
12.1 In addition to any other termination obligations you have under your customer contract, you must:
- provide us with any information we require about services you wish to terminate; and
- complete our termination form, as amended from time to time;
12.2 Where you have a mix of services (including services other than Leased Line services) that you would like to terminate, in accordance with your customer contract, then the obligations of clause 12.1 may also apply to your termination of those services.
1 e.g. that your service location is one to which Leased Line services can be provided.
2 e.g. the wholesaler may require that only certain hardware can be used with the Leased Line service.
3 e.g. of a property landlord in certain cases.
4 e.g. if you use a service to upload 5GB and download 3GB, then your data usage is based on 5GB which is the higher of uploads and downloads.
5 e.g. poor performance of a network which we connect through is outside of our network and outside of our control.
6 a 2Mbps E1 may be port limited to 512K.
7 if we notify you that the relevant wholesaler is Telstra, then ‘Schedule A – Telstra ‘wholesaler terms’ applies to the relevant service