Traffic Prioritisation (QoS) Service Terms

1. What are these service terms about?

These service terms are product specific terms for our Traffic Prioritisation (QoS) product.

2. What terms apply to the service?

We provide this Service in accordance with these service terms and our standard form of agreement (which can be found at au.pacnet.com/terms-and-conditions/).

3. What is the service we provide?

The service we provide is one which prioritises customer traffic over our network so that some applications and business critical processes operate more efficiently.

4. Are there any prerequisites for the Service?

Before we can provide you with the Service you must:

4.1. have an eligible internet service; and

4.2. have a customer computer.

5. How is the Service enabled?

5.1. If you have satisfied the prerequisites in clause 4, you can place a service order.

5.2. If we accept your service order and you:

5.2.1. have compatible equipment then you can select installation Option 1 or Option 2;

5.2.2. don’t have compatible equipment then you can only select installation Option 2.

5.3. Once you choose either installation Option 1 or Option 2, subject to clause 5.2, then you will need to select traffic configurations based on standards we set.

5.4. If you choose installation Option 1:

5.4.1. we will provide you with example configuration settings based on your traffic configuration in clause 5.3, to enable you to configure the compatible equipment;

5.4.2. once configured in accordance with clause 5.4.1, then we will prioritise the traffic in the same manner as it is received from the compatible equipment once it enters our network.

5.5. If you choose installation Option 2 we will prioritise traffic in accordance with your selection in clause 5.3 once that traffic enters our network.

5.6. You must pay a set up charge, and any other charges in accordance with our price list, which is subject to variation from time to time.

6. How is the Service maintained?

6.1. For the duration of the Service we will notify you of any scheduled maintenance of our network and systems which may affect the Service.

6.2. If you want to change the traffic configuration settings in clause 5.3, you must ask us in writing and if we agree you must pay a set up charge again.

7. What are your obligations?

In addition to any other obligation you have, you must:

7.1. constantly review your traffic requirements;

7.2. ensure that the traffic settings you select are the most suitable for your circumstances;

7.3. take all reasonable steps to:

7.3.1. maintain the security of your computer;

7.3.2. utilise additional security hardware or software on your computer;

7.3.3. keep all passwords secret;

7.4. ensure that customer computers:

7.4.1. have regularly updated virus protection software; and

7.4.2. are regularly scanned with the software referred to in clause 7.4.1.

8. What other services and promises are excluded?

We are not:

8.1. obligated to provide you with:

8.1.1. any equipment or software;

8.1.2. any security and anti-virus services; unless we enter into a written agreement to do so.

8.2. liable to the extent permitted by law for a:

8.2.1. failure of the Service where it is caused or contributed to by something outside of our network;

8.2.2. failure of software, or customer computer (and any other customer equipment) to function properly because of this Service; and

8.2.3. security breach even where it is caused or contributed to by a failure of the Service.

9. What acknowledgments do you make?

You acknowledge that:

9.1. any traffic configurations we suggest are our assessment of what is reasonable and prudent for the average business user, and may not be suitable for you;

9.2. once the traffic leaves our network we have no control over the priority in which it is sent;

9.3. we can’t notify you of unscheduled maintenance to our network, which could occur at any time, and may effect the Service;

9.4. this Service may not always provide increased efficiency or improved performance; and

9.5. you are solely responsible for configuring compatible equipment.

10. Matters you acknowledge

Where you acknowledge something in these service terms you:

10.1. must accept service from us subject to those matters, and none of them constitutes a defect in service; and

10.2. release us from all losses and claims in respect of, or out of, such matters or their consequences.

11. What do words mean?

In these service terms:

11.1. ‘compatible equipment’ means hardware and software (including firmware) which we determine from time to time to be compatible with the Service.

11.2. ‘customer computer’ means a customer’s computer which is connected to an eligible internet service including a computer network;

11.3. ‘eligible internet service’ means internet connectivity provided by us which is compatible with, and eligible for this Service;

11.4. ‘our network’ means that portion of the network that is wholly operated by us.

11.5. ‘service order’ means an order for a service in a form prescribed by us;

11.6. ‘Service’ means our Traffic Prioritisation (QoS) product provided on the basis of these service terms;