Westnet ISDN Terms & Conditions

The following Terms & Conditions refer to Business ISDN services; for Home ISDN services please refer to Westnet’s Home Phone Terms & Conditions.

Part A – General


1. Introduction

1.1 These ISDN Terms & Conditions incorporate the Westnet General Terms & Conditions. Unless this Agreement makes express provision to the contrary, any terms defined in the Westnet General Terms & Conditions have the same meaning in this Agreement.

1.2 Customer agrees it has read, understood and consents to be bound by the terms of the Westnet General Terms & Conditions prior to receiving services under this Agreement from Westnet.

1.3 If the Westnet General Terms & Conditions are inconsistent with something in these ISDN Terms, then the relevant ISDN section shall prevail to the extent of any such inconsistency.

1.4 Westnet has the right to suspend the ISDN Service to Customer upon the occurrence of either a breach of the Westnet General Terms & Conditions or this ISDN Agreement.

1.5 Customer hereby agrees Westnet will be the exclusive provider of the Service described in this Agreement.

2. Definitions & Interpretation

2.1 Definitions

"DSL" means Digital Subscriber Line.

"ISDN" means an Integrated Services Digital Network service supporting high-speed digital transmission of voice, image and facsimile traffic and TS014 and ESTI protocol standards.

"ISDN Basic Rate Services" means two information channels (B channels) and a control channel (D channel). Each B channel carries digitised information at a rate of 64 kbit/s.

"ISDN Service" means an integrated digital access to voice and data networks. This essentially consists of a digital transmission circuit between the NT1 at Customer premises and the local ISDN exchange.

"NT1 definition" - an NT1 provides physical and electromagnetic termination of the U-interface on a two-wire transmission line, and includes the NT1, NT1 Plus or NT1 Plus II for ISDN 2 and the Optimux cabinet for ISDN 10/20/30. An NT1 is not a network boundary, nor a network termination device.

"PSTN" means the Public Switched Telephone Network service which is an analogue based service supporting voice, facsimile and dialup modem traffic.

"Standard Installation" means the standard installation process, which consists of configuring Customer access to meet the operational requirements developed during the design phase. The circuits are tested and installed on site, through a range of coordinated activities undertaken by the relevant project manager.

2.2 Call Types

'Local Calls' are calls to fixed line telephone numbers within the local calling area of the caller.

'Fixed to Mobile' are calls to any mobile telephone number where the call recipient is located in Australia. Calls to mobile telephone numbers where the recipient is located outside Australia may incur additional charges.

'National' are calls to fixed line telephone numbers in Australia outside the local call area of the caller.

'International' are calls to telephone numbers outside Australia. International calls are available via Multi-Carrier Preselection (MCP), coded access and direct access lines.

Other calls not described above are defined as 'Other Calls' and include calls to free call numbers, Universal Personal Telecommunication (UPT), Information Services, 13/1300 numbers and satellite telephone services.

2.3 Areas

"Urban" means an area with a population of 30,000 or more and includes locations up to 30 km by road from one of the Wholesalers complex service control centres located in capital cities and major regional centres.

"Rural" means a location over 30 km but under 65 km by road from one of the Wholesalers complex service control centres in capital cities and major regional centres.

"Remote" means a location 65 km and over by road from the Wholesalers complex service control centres in capital cities and major regional centres.

3. ISDN Service & Features

3.1 Customer may be entitled to receive an ISDN Service from Westnet if:

(a) the relevant local exchange of Customer has the requisite technical capacity to provide the Service and Customers premises are close enough to such exchange to ensure transmission losses are above levels Westnet considers acceptable; and
(b) there is sufficient local cable infrastructure available.

3.2 The ISDN Service includes:

(a) connection between the network boundary and the public switched integrated services digital network,
(b) a standard Network terminating device (unless Westnet specifies otherwise),
(c) a telephone number or range of numbers (depending upon ISDN Service),
(d) a basic 'White Pages' directory listing; and
(e) access to an ISDN service.

3.3 Westnet will provide Customer with access to the following Services:

(a) ISDN basic rate services,
(i) ISDN 2; and
(ii) ISDN 2 Enhanced.
(b) ISDN Primary Rate services; and
(i) ISDN 10/20/30.

Each of these Services are described in detail within these Terms & Conditions.

4. Connection

4.1 Customer must provide Westnet with the address of the premises where the ISDN Service is to be installed. This address must be a single, unique address existing in one place.

4.2 The ISDN Services operate with equipment compliant to European Telecommunications Standards Institute (ETSI) ISDN standards and satisfy:

(a) Australian Standard Requirements for ISDN Basic Rate Access Interface (AS/ACIF S031:2001); or
(b) Australian Standard Requirements for ISDN Primary Rate Access Interface (AS/ACIF S038:2001).

4.3 For an ISDN 10/20/30 Service, where an Optomux cabinet is provided, Customer must provide sufficient space for the relevant cabinet(s) to be installed. Customer must also provide 240V mains power supply and protective earth compliant to Australian Communications Authority regulations.

4.4 Westnet recommends Customer supply and install a mains surge protection device. This provides telecommunications and mains power surge protection to both the NT1 and any mains powered equipment connected to it.

4.5 If the 240V mains power supply fails to Customer NT1, the ISDN Service may fail (except for limited usage for ISDN Home and ISDN 2 Enhanced). Customer agrees Westnet will not be responsible for any loss of the Customer ISDN Service (or limited access to it) due to loss of mains power.

4.6 Westnet cannot proceed to connect an ISDN service to Customer until these requirements have been met.

4.7 Customer must not interfere (nor let anyone else interfere) with any NT1 to which an ISDN Service is connected without the prior written consent of Westnet.

5. Customer Obligations

5.1 Customer must not perform, nor permit any person to perform, any work in connection with any of the ISDN Services without prior written approval from Westnet. Customer acknowledges and agrees Westnet is entitled to charge Customer for performing corrective work.

5.2 Customer must provide and maintain a reliable 240V mains power supply to receive NT1 for ISDN Home and ISDN 2 Enhanced. Customer may also need additional mains power for NT1 depending on the relevant Customer equipment requirements.

5.3 Customer must ensure at all times during the term, all Customer:

(a) equipment complies with the ETSI standard and other applicable technical standards,
(b) equipment and cabling complies with the Australian Communications and Media Authority’s minimum technical requirements; and
(c) cabling has been installed by a registered cabling provider.

5.4 Customer must pay Westnet all relevant fees, rates charges and other expenses for the ISDN Service, including but not limited to those listed in Schedule 1, 2 & 3.

6. Connection Timeframe & Reconnection

Connection Timeframes

Basic Rate – ISDN 2, ISDN 2 Enhanced

Connection type	Contingent factors & requirements	Timeframe
In-place connection	Previous working ISDN service that has been cancelled & can be automatically reconnected.	Five (5) business days.
New connections & conversions	Premises are readily accessible to ISDN infrastructure & sufficient network capacity.	Urban, major or minor rural area – ten (10) business days Remote area – fifteen (15) business days.
Direct Indial service	Premises are readily accessible to ISDN infrastructure & sufficient network capacity.	Urban, major or minor rural area- fifteen (15) business days. Remote area- Price to be advised upon application.

6.1 Westnet will endeavour to provide Customer with access to the relevant ISDN Service as soon as possible after Westnet has approved the Customer Application form.

6.2 The ability of Westnet to provide access depends upon various factors external to Westnet. Customer agrees Westnet will not be responsible for any loss or damage suffered by Customer as a result of delayed or suspended access.

6.3 Where Customer premises are not readily accessible to ISDN infrastructure, Westnet can use and there is insufficient network capacity Westnet will liaise with Customer on a case by case basis and, if appropriate, discuss alternative services.

6.4 Westnet can refuse a Customer application in its sole discretion and shall not be required to provide any reason.

6.5 If connection of Customer ISDN Service requires Westnet to do additional work, Westnet will liaise with Customer and obtain Customer consent to any additional charges prior to any such work being performed.

6.6 If Customer’s ISDN Service is disconnected for any reason, Westnet shall be entitled to charge Customer for all reasonable reconnection costs.

6.7 If a Customer is disconnected from the ISDN 10/20/30 service, Westnet may have to allocate a new number range to Customer.

6.8 Customer may be liable to pay Westnet additional charges as specified in Schedule 1.

6.9 Westnet may be liable to Customer to provide rebates as specified in Schedule 1.

6.10 Customer agrees if Westnet incurs any other additional costs or liabilities whatsoever or howsoever arising in relation to the provision of the ISDN Service to Customer, the Customer will reimburse and indemnify Westnet in full for any such costs or liabilities.

7. Telephone Numbers

7.1 Westnet cannot provide any undertaking whatsoever that a Customer can secure or retain any particular telephone number at any time and, particularly where a Service is being transferred or has been cancelled, suspended or terminated for any reason whatsoever.

8. Term and cancellation

8.1 The minimum term of this Agreement is three (3) calendar months from the date of initial Customer access to the ISDN Service ("Minimum Term").

(a) Customer may terminate this Agreement after the expiry of the Minimum Term by sixty (60) days notice in writing to Westnet,
(b) In accordance with the Westnet General Terms & Conditions, Westnet may suspend, cancel and or terminate this Agreement at any time in its sole discretion. Westnet will use its best faith endeavours to provide Customer with prior written notice of any such event as is reasonable in the circumstances; and
(c) If Customer elects to terminate this Agreement prior to the expiry of the Minimum Term, Customer shall be liable to pay Westnet all relevant Service charges Westnet would have been entitled during the Minimum Term and a cancellation fee.

9. ISDN Connection

9.1 Westnet will use its best endeavours to ensure the ISDN Service is accessible to Customer 24 hours a day 7 days a week.

9.2 Customer acknowledges ISDN connection accessibility and connection quality are matters not within the control of Westnet, including but not limited to third parties (including Telstra) and Customer equipment quality.

9.3 Customer agrees it will not seek to hold Westnet liable for any loss or damage caused by poor accessibility and or quality associated with the ISDN Service.

10. Reporting Faults & Repair

10.1 If there is a fault with the ISDN Service, Customer should report such fault to Westnet Technical Support by calling 1300 786 068.

10.2 Westnet will endeavour to remedy a fault in accordance with Schedule 2:

SCHEDULE 1

CHARGES, FEES & REBATES

1. Connection Charges

Connection Charges	GST excl.	GST incl.
Each new connection of any ISDN 2 Service (one service)	$295.00	$324.50
For the second and subsequent services connected at the same time as the first (per service)	$250.00	$275.00
Each in-place connection of ISDN 2 or ISDN 2 Enhanced (one service)	$100.00	$110.00
Each new connection and activation of ISDN 10/20/30:
- per 10 channel service	$1,850.00	$2,035.00
- per 20 channel service	$2,500.00	$2,750.00
- per 30 channel service	$2,800.00	$3,080.00
Activation of idle channels on an existing ISDN 10/20/30 Service (per 10 channels)	$750.00	$825.00
Each in-place connection of ISDN 10/20/30 (per 2 Mbit/s link)	$500.00	$550.00
Each connection and installation of ISDN 10/20/30 Dual Node installation (per 60 channel block)	$11,200.00	$12,320.00
Each connection and installation of ISDN 10/20/30 Diverse Access installation (per 60 channel block)	$8,400.00	$9,240.00

Network extension charge (cable)	GST excl.	GST incl.
For each 500 metres of cable (or part thereof) beyond the first 500 metres	$26.00	$28.60
Maximum network extension charge	$1,400.00	$1,540.00

The network extension charges specified above do not apply to ISDN 10/20/30 Services. Customer will be informed if and where a network extension charge shall apply to an installation of an ISDN 10/20/30 Service.

Fee-for-service charges (per person)	GST excl.	GST incl.
Attending Customer premises or somewhere else
Between 8am – 5pm, Mon-Fri (except public holidays)	$60.00	$66.00
All other times	$220.00	$242.00
Labour charge (for each 15-min block)
Between 8am – 5pm, Mon-Fri (except public holidays)	$20.00	$22.00
All other times	$30.00	$33.00

NT1 Plus charge	GST excl.	GST incl.
Changing from NT1 Plus to NT1 Plus II (per service)	$173.00	$190.30
Conversion charge	GST excl.	GST incl.
From a Basic Telephone Service to ISDN 2 or ISDN 2 Enhanced (one service)	$173.00	$190.30
From a Basic Telephone Service with Indial to ISDN 2 Direct Indial (one service)	$173.00	$190.30
Between ISDN 2 Direct Indial and ISDN With Multiple Number (one service)	$173.00	$190.30
From ISDN 2 to ISDN Home (one service)	$271.82	$299.00
From ISDN 2 to ISDN 2 Enhanced (one service)	$173.00	$190.30
From ISDN 2 Enhanced or ISDN Home to ISDN 2 (one service)	$173.00	$190.30
From Siteline to ISDN 10/20/30 (for each 2 Mbit/s link)	$500.00	$550.00
From ISDN Home, ISDN 2 or ISDN 2 Enhanced to ISDN 10/20/30 (for each 2 Mbit/s link)	$750.00	$825.00

Withdrawing or putting on hold a Customer ISDN 10/20/30 order

Charges for withdrawing an order for ISDN 10/20/30
Stage of installation		Charge payable
Stage 1	Dispatch from sales dispatch from plant layout Order issue	30% of the total connection charges applicable
Stage 2	Transmission path building	55% of the total connection charges applicable
Stage 3	Terminal equipment provisioning Digital service packet switching test	95% of the total connection charges applicable
Stage 4	Service order finalisation	100% of the total connection charges applicable

Cancellation charges If Customer elects to cancel the ISDN service prior to the expiry of the Minimum Term, Customer shall be liable to pay all service charges for that service that would have been payable until the end of the minimum term.


2. Rebates

2.1 Service Rebate / Faults
Where Customer reports a fault according to this clause and the restoration target is not met (See Schedule 2 below for restoration targets), Westnet will pay:

(a) if Customer has ISDN 2 Enhanced, a rebate of one month’s service charges for each affected service; or
(b) if Customer has any other service, the service rebate payable will be calculated as follows:

A rebate to the value of one month access rental fee paid at 20% per complete hour beyond the target restoration time and capped at 100% per month per service.

2.2 Calculation of Rebate on connection
The amount of the Rebate payable is calculated using a sliding scale according to the length of the delay past the Recorded Commitment Date. If a Customer applies for a Standard Rebate using the Rebate Application Form and Westnet investigates the claim and accepts the Customers Rebate Application Form, Westnet will provide the following Rebates:

Delay	Service Activated 1 - 5 Business Days past the agreed delivery date	Service Activated 6 - 10 Business Days past the agreed delivery date	Service Activated Over 11 Business Days past the agreed delivery date
Percentages (payable) of the first monthly access fee	A 25% STPC Rebate of the first monthly access fee	A 50% STPC Rebate of the first monthly access fee	A 100% STPC Rebate of the first monthly access fee

* The maximum amount payable in respect of a Rebate shall not exceed 100% of the first monthly access fee.

SCHEDULE 2

TIME FRAME FOR REMEDYING FAULTS

1. Service assurance Fault reporting and repair
Where an ISDN Service is provided to Customer, Customer may also receive:
(a) a 24-hour fault reporting service for informing of service faults; and Target response and repair times.

Fault response timeframes	Response time
ISDN 2 or ISDN 2 Enhanced	Four (4) hours
ISDN 10/20/30	Two (2) hours

Fault repair timeframes	Location of service	Repair time
ISDN 2,ISDN 2 Enhanced, ISDN 10/20/30	Urban Area Rural Area Remote Area	12 Business hours 36 Business hours 60 Business hours

SCHEDULE 3

PRICES
Note Westnet may provide customised pricing proposals to customers on application.

1. ISDN 10/20/30

Installation Charges	*GST exclusive	*GST inclusive
ISDN 10	$1,850.00	$2,035.00
ISDN 20	$2,500.00	$2,750.00
ISDN 30	$2,800.00	$3,080.00

* Subject to Minimum Term conditions

Monthly Charges	*GST exclusive	*GST inclusive
ISDN 10	$277.273	$305.00
ISDN 20	$554.545	$610.00
ISDN 30	$804.545	$885.00
100 Number Direct Indial Range (per 100 number range)	$32.00	$35.20

Optional Features	*GST exclusive	*GST inclusive
Calling Line Identification Restriction	$0.00	$0.00
Calling Line Identification Presentation	$10.00	$11.00

Call Rates	*GST exclusive	*GST inclusive
Local	$0.155	$0.17
Inter-capital (per minute)	$0.136	$0.15
STD (per minute)	$0.136	$0.15
STD Cap (10 mins)	$0.909	$1.00
Mobile (per minute)	$0.30	$0.33
Mobile Cap (10 mins)	$1.364	$1.50
International Top 10 (per minute)	$0.136	$0.15
International Top 10 Cap (30 mins)	$1.364	$1.50
Call Connection	$0.318	$0.35

2. ISDN 2

Installation Charge	*GST Exclusive	*GST Inclusive
- New Service	$295.00	$324.50
- Conversion from existing	$173.00	$190.30
Monthly Charge
Line Rental (2 standard numbers)	$66.818	$73.50
Optional Features
Direct Indial (100)	$32.00	$35.20
Calling Number Display	$5.00	$5.50
Line Hunt Group Directory Number	$1.90	$2.09
Line Hunt	$1.90	$2.09
Multiple Number	$4.00	$4.40
Call Rates
Local	$0.155	$0.17
Inter-capital (per minute)	$0.136	$0.15
STD (per minute)	$0.136	$0.15
STD Cap 10 Min	$0.909	$1.00
Mobile (per minute)	$0.30	$0.33
Mobile Cap 10 Min	$1.364	$1.50
International Top 10 (per minute)	$0.136	$0.15
International Top 10 Cap (30 mins)	$1.364	$1.50
Call Connection	$0.318	$0.35

3. ISDN 2 Enhanced

Installation Charge
New Service	$295.00	$324.50
Conversion from existing	$173.00	$190.30
Monthly charge
Line Rental (2 standard numbers)	$71.364	$78.50
Optional Features
Direct Indial (100)	N/A	N/A
Calling Number Display	$0.00	$0.00
Line Hunt Group Directory Number	$1.90	$2.09
Line Hunt	$1.90	$2.09
Multiple Number	$4.00	$4.40
Call Rates
Local	$0.155	$0.17
Inter-capital (per minute)	$0.136	$0.15
STD (per minute)	$0.136	$0.15
STD Cap 10 Min	$0.909	$1.00
Mobile (per minute)	$0.30	$0.33
Mobile Cap 10 Min	$1.364	$1.50
International Top 10 (per minute)	$0.136	$0.15
International Top 10 Cap (30 mins)	$1.364	$1.50
Call connection	$0.318	$0.35

4. Data Calls

Item	Flagfall	GST Exclusive	Special Conditions
Business
Westnet Pricing
Local (01983) per hour		$0.273	Only available for ISDN 2 enhanced
Per minute
Day		$0.136 for 5 min Plus $0.036 per min thereafter
Economy		$0.136 for 10 min Plus $0.022 per min thereafter
NDD2 (25-50Kms)
Day	$0.25	$0.118
Economy	$0.25	$0.059
NDD3 (50-85kms)
Day	$0.25	$0.218
Economy	$0.25	$0.109
NDD3 (85-165kms)
Day	$0.25	$0.236
Economy	$0.25	$0.13
NDD4 (Over 165kms Intercapital)
Day	$0.25	$0.236
Economy	$0.25	$0.13
NDD4-5 (Over 165Kms Non Intercapital)
Day	$0.25	$0.282
Economy	$0.25	$0.16