Premium Plus DSL Service Terms

1. What are these service terms about?

These terms are product specific terms for our Premium Plus DSL plans.

2. What terms apply?

These service terms along with our DSL category terms and our core terms (which can be found at au.pacnet.com/terms-and-conditions/) together form your customer contract with us.

3. What contract terms are available for Premium Plus plans?

You can enter into a customer contract for either:

3.1. 12 months; or

3.2. for any period greater than 12 months as specified on the quote purchase order.

4. What is included in the Premium plans?

4.1. All Premium Plus plans include:

4.1.1. multiple fixed IP addresses which may be used as servers1 2;

4.1.2. dial-up account with unlimited downloads, but with 4 hour session limits;

4.1.3. dial-up redundancy service;

4.1.4. spam and email virus protection3;

4.1.5. Service Level Agreement contained in Annexure 1;

4.1.6. a dedicated PSTN telephone line.

4.2. The PSTN telephone line provided in clause 4.1.6 will be installed by us at no cost to you.

4.3. We are not required to provide a dedicated PSTN telephone line where:

4.3.1. there has never previously been a telephone line to the premises where the Premium Plus service is to be connected; or

4.3.2. we determine, in our absolute discretion, the cost of doing so to be unreasonably excessive.

5. What type of support is included?

5.1. As a Premium Plus plan customer you will have access to business grade technical support.

5.2. Technical support will be telephone support only and will be available 7 days per week and 24 hours per day, excluding public holidays.

6. How are fees charged?

6.1. Excess usage on Premium Plus SHDSL Plans with the same upload and download speed e.g. 1000/1000kbps, are calculated on the greater of the uploaded and downloaded data volumes.

6.2. You may have to pay additional charges in accordance with our price list where you change the service e.g. relocation of a service, and change of speed.

7. What are the details of Premium Plus plans?

7.1. This table details the Premium Plus plans we have4:

Premium Plus Plan5
Maximum Speed6
Data Limit7
Contention Ratio
ATM Service Type
ADSL
512Kbps/256kbps 512kbps 10GB 2:1 VBR
SHDSL
1.5Mbps/256kbps 1.5Mbps 10GB 2:1 VBR
4Mbps/512kbps 4Mbps 10GB 2:1 VBR
1Mbps/1Mbps 1Mbps 10GB 2:1 VBR

8. What service levels apply with Premium Plus services?

8.1. All Premium Plus services are provided subject to the service level agreement in Annexure 1.

8.2. We may only change a service level agreement if:

8.2.1. your minimum contract term has expired; or

8.2.2. our wholesaler changes it.

8.3. As soon as you become aware of any fault with your service you must report it to us, provided you have first taken all reasonable steps to ensure that the fault is not caused by or with customer equipment.

8.4. If we determine that a fault was caused by or was with customer equipment then we may charge you for any costs that we or our wholesaler incur.

1. e.g. web servers, and FTP servers.
2. The number of IP addresses is subject to approval by us.
3. Although spam and virus filters are used, they should not be used as a replacement for regularly maintained and updated security, spam and anti-virus software/hardware.
4. We may add to or vary these plans from time to time, please check with us for details.
5. Download / upload speed. MB means megabit which is 1024 kilobytes.
6. This is the maximum download (and in the case of SHDSL download and upload) speed for the plan, and may vary from time to time depending on network utilisation and factors such as distance from a telephone exchange.
7. This is the download limit for a billing month. GB means gigabyte which is 1024 megabytes (MB). Excess usage charges apply once the download limit for the billing month is exceeded.

Annexure 1

Pacnet Premium Plus DSL Service Level Agreement

Background
The Pacnet Premium Plus product range showcases Pacnet’s commitment to driving broadband growth in Australia by offering highly reliable and cost effective alternatives to current leased line connectivity technologies.

Pacnet understands that Internet connectivity is mission critical to many businesses. In order to deliver high levels of connectivity reliability to our customers, Pacnet has developed a robust network by partnering with leading technology suppliers.

Pacnet prides itself on delivering quality service and support to our customers. We have gone to great lengths to ensure that our network is reliable to 99.9% availability.

Pacnet customers receive personalised service by the medium of their choice: telephone, fax or email and receive 24 hour, 7 day customer support.

Overview
The Service Level Agreement (SLA) defines the prime aspects of the Pacnet service activation and service assurance processes, and defines performance parameters of the offered services.

The purpose of this SLA is to clearly explain the arrangement between Pacnet and our customers. The SLA is intended to meet the requirements of our customers and support the delivery of a highly reliable service. Please read this document thoroughly and contact Pacnet if there is anything in this SLA that you do not understand or agree with.

The SLA is a living document that evolves over time, with the additional knowledge of customer requirements, and the introduction of new Pacnet services.

There are two key elements of this SLA:

  • Service activation (“service provisioning”)
  • Service assurance

Normal business hours
Pacific Internet’s normal business hours are 8am–6pm EST, Monday to Friday, excluding Public Holidays (Victoria).

Contact information
General enquiries and account/billing enquires: customers can contact the Pacnet Account Support team on 13 36 39 from 8am-6pm EST, Monday-Friday.

Technical enquiries: customers can contact the Pacnet Technical Support team on 13 36 39, 24 hours a day, 7 days a week.

Services covered by this SLA
Premium Plus DSL services

Scope of agreement

The core processes covered by this agreement are:

  • Service provisioning process
  • Service assurance process

Service provisioning process
Pacnet will complete service provisioning of a Premium Plus service within 20 business days during normal business hours. If we cannot install the service within 20 business days, we will rebate some or the entire set-up fee.

Pacnet prides itself on delivering quality service and support to our customers. We have gone to great lengths to ensure that systems are in place to deliver services quickly and efficiently. Our service delivery is however conditional on access to the Telstra local loop, access to customers’ premises and the installations being completed by Pacnet, or an approved representative.

While we cannot be liable for the acts or omission of third parties, if a problem does occur, we will act proactively to minimise any service provisioning delays, and where Pacnet is at fault, ensure that our customers receive the rebate they are entitled to under this agreement.

Service provisioning milestones:

  • Orders are acknowledged within one business day of being received.
  • Customers are contacted to advise date of DSL line installation.
  • Pacnet arranges the appointment for the service installation within two business days of DSL line installation.
  • Pacnet will contact the customer on the day of the service installation and commissioning completion.
What is Covered
Delay
Rebate
The fine print
If the service provisioning takes more than 20 business days to complete, the customer will receive a rebate on the set-up fee. One to three business days. 10% of set-up fee The service provisioning is invoked and days are counted from when a successful pre-qualification of the end user customer location is received, or from when a Quote Purchase Order (QPO) is received by Pacnet, whichever is the latter.
Four to nine business days. 40% of set-up fee Pacnet provisioning assurance does not cover difficulties caused by:
Ten or more business days. 100% of set-up fee
  • Acts or omissions of the customer.
  • Acts of God, and any other situations beyond the control of Pacnet.
  • Behaviour of customer equipment, facilities or applications.
  • Delivery of local loop copper (ULL).
Additional set-up fee Inside normal business hours Outside normal business hours The fine print
Additional set-up fee applies where Pacific Internet or representative has to visit end-user site more than once due to any fault of end-user. $60.00 initial fee plus $20.00 per 15 min per person during normal business hours. $220.00 initial fee plus $25.00 per 15 min per person outside of normal business hours including public holidays. Normal business hours:
8am to 6pm Monday to Friday EST
Excludes Public Holidays

Service assurance process
Premium Plus services are continuously available 24 hours a day, 365 days a year, apart from planned network outage times. Pacnet will provide response to fault reports 24 hours a day, 7 days a week.

What is Covered Time interval of service outage Rebate The fine print
Service outage or severely degraded service. More than 40 minutes and less than 4 hours. 5% of recurring charges Recurring charges include monthly base charges and the unused component of additional data charges in excess of the standard included data allowance.
(Refer to Service Outage definition) More than 4 hours and less than 6 hours. 15% of recurring charges. Customer must report a fault within 24 hours of the service outage.
More than 6 hours and less than 48 hours 35% of recurring charges. If you are running a firewall it must be configured to return ICMP echo requests (i.e. ping packets) from Pacnet’s monitoring hosts or SLA rebates for Service Assurance will not apply.
More than 48 hours. 50% of recurring charges.

Pacnet service assurance does not cover service difficulties caused by:

  • Planned network outages.
  • Acts or omissions by customer or end-user.
  • Behaviour of end-user equipment, facilities or applications.
  • Faults in end-user equipment or software.
  • Damages due to external causes, e.g. vandalism, theft, etc.
  • Acts of God, and any other situations beyond the control of Pacnet.

Network availability definitions
Time interval
Time interval is one calendar month beginning and ending on the first day of each month at 00:00 Australia Eastern Standard Time. All measures will be taken within that particular month.

Planned outages
Planned outage is the periodic pre-announced occurrences when the network element will be taken out of service for maintenance or upgrade. Planned outages will be notified a minimum of 24 hours in advance. When an outage notification is sent it will include a notation of whether the outage is planned or unplanned.

Service outage
Service outage is when a network path is considered to be inaccessible if either:

  • It is not possible to both transmit and receive between the two ends of the path for a period in excess of 5 minutes, or
  • The performance of the path is severely degraded to an extent that the service is effectively unavailable. Severe degradation occurs where in excess of 60% of the packets transmitted on the path are lost during a period of 15 minutes.

Network availability
The network availability guarantee is a minimum of 99.9%. This means that the SLA will be put into affect after 40 minutes outage in any particular calendar month.

Pacnet network availability is expressed as a percentage of time when the network is operational in any particular calendar month.

Consequently:

Network availability = (Total minutes – Service outage time in minutes) / Total minutes x 100

Incorrect call out fee
Incorrect call out fees apply where the customer reported fault is found to be in a network or equipment owned or maintained by any person other than Pacnet and its Wholesale suppliers.

We may charge you an incorrect call out fee based on any costs we incur.

Service Rebates
Pacnet will provide a rebate to our customers when a fault report has been acknowledged and when Pacnet network management tools indicate that outages have occurred over the Premium Plus network.

If a customer believes that they are entitled to a rebate that has not been provided, they must contact Pacnet Customer Service within 20 days of the calendar month in which the outage(s) occurred and claim a rebate. This request will need to include sufficient information to allow the claim to be investigated. Pacnet will respond with a decision within 20 business days.

Service rebates are sole compensation under this SLA unless otherwise required by Law.