SERVICE DESCRIPTION: Optus Evolve Service

SERVICE DESCRIPTION: Optus Machine To Machine (M2M)

This Service Description forms part of Optus’ Standard Form of Agreement pursuant to the Telecommunications Legislation.

This Service Description for the Optus Machine to Machine Service (also known as ‘Optus M2M Service’) comprises the following Parts:

· Part 1: Service Family Terms (applicable to all Optus M2M Services); and

· Part 2: Service Option Terms.

The Service Option Terms are separate terms applicable to each of the following Optus Machine to Machine Service Options (if any) and are to be read in conjunction with both the General Terms and the Service Family Terms:

· Optus M2M Service

· Optus M2M Service with Global SIM

· Optus M2M Service with Local SIM

· Optus Telemetry Service

PART 1: SERVICE FAMILY TERMS: Optus Machine to Machine (M2M) Service

If there is any inconsistency between the terms of the documents that form the Agreement, they will be interpreted in the following order of precedence: the Standard Pricing Table, the Service Option Terms of the Service Description, the Service Family Terms of the Service Description, the General Terms and the Application, except to the extent of any inconsistency in pricing (in which case the Application overrides the Standard Pricing Table).

1. SERVICE FAMILY

1.1. Service Description

The Optus Machine to Machine Service (also referred to as the ‘Optus M2M Service’ or the ‘Service’) is a carriage and service management solution that allows you to communicate with and manage SIM-enabled devices in the field.

1.2. Optus Group Company

The Optus M2M Service is supplied by Optus Networks Pty Limited (ABN 92 008 570 330), an Optus Group Company.

2. SERVICE OPTIONS

2.1. Current:

· Optus M2M Service with Global SIM

· Optus M2M Service with Local SIM

· Optus Telemetry Service

2.2. Sunset:

· None

2.3. Selecting Service Options

Some Service Options can only be provided to you on the basis that you also acquire other Service Options. Service Options which are prerequisites to other Service Options are noted in the Service Option Terms as ‘Related Service Options’. Information on prerequisite Service Options is contained in the Application or as advised by Optus when you lodge the Application.

3. CANCELLATION FEE

3.1. Where your Service or Individual Service is cancelled during the Committed Term and a Cancellation Fee is payable under the General Terms, you will need to pay us an amount equal to the net present value of:

(a) the profit component of all amounts that would have been payable in respect of the monthly recurring charge for the relevant Individual Service for the remainder of the Committed Term from the date cancellation takes effect; plus

(b) all amounts that will be incurred by Optus as a result of the cancellation; plus

(c) any unavoidable third party costs that will be incurred by Optus, in respect of the relevant Individual Service for the remainder of the Committed Term from the date cancellation takes effect;

unless a different formula or a specified amount is otherwise expressly provided in the Standard Pricing Table or your Application.

4. SERVICE FEATURES

The availability of service features is dependent on the Service Option you select. Where a service feature is only available for a specific Service Option the relevant service feature will be set out in the Service Option terms. Where an additional charge is applicable, the relevant charge will be set out in the Standard Pricing Table or your Application.

5. SUPPLY, USAGE AND IMPLEMENTATION

5.1. Service Provision

(a) Your Application will contain your selected Service Option(s) (if any), a Target Service Start Date (where applicable), the charges and any applicable features and characteristics.

(b) Optus will use reasonable endeavours to meet the Target Service Start Date, as set out in the Application, however Optus does not make any warranty, representation or guarantee as to the accuracy of this date.

(c) The availability of additional service features for each Service Option is dependent on the Service Option you select. Each additional service feature may incur a separate charge and must be nominated in your Application.

5.2. Access Type

(a) The Optus M2M Service offers multiple access types including:

(i) Private network access via IPSEC

(ii) Private network access via Optus Evolve

(iii) Public internet access

(b) Private network access via IPSEC requires you to provide at your own expense an IPSEC capable router and an internet connection to use the Service.

(c) Private network access via Optus Evolve IP VPN requires a Wireless IP VPN Port which is purchased as part of this service, and an Optus Evolve IP VPN Service which must be purchased separately to the Optus M2M Service.

5.3. Service Implementation

(a) Optus may vary the Service or any term of this Service Description if reasonably required to do so for technical, operational or commercial reasons.

(b) Optus may change the Access Method at any time without adjusting the charges.

5.4. SIM Cards

(a) You must purchase a compatible SIM card from Optus to use this Service.

(b) SIM cards are available in the following formats and types:

(i) 2FF form factor (Standard) with temperature range of -40 to 85 degrees Celsius.

(ii) 3FF form factor (Micro) with temperatures range of -40 to 85 degrees Celsius.

(iii) 4FF form factor (Nano) with temperature range of -40 to 85 degrees Celsius.

(iv) 2FF form factor (Standard) with temperature range of -40 to 105 degrees Celsius.

(v) 3FF form factor (Micro) with temperature range of -40 to 105 degrees Celsius.

(vi) 4FF form factor (Nano) with temperatures range of -40 to 105 degrees Celsius.

(vii) MFF2 form factor with temperature range of -40 to 105 degrees Celsius.

(c) Optus will determine which format, type and volume, of SIM cards required are for the Service. The charge for SIM cards will be listed in your Application form.

5.5. Equipment used with the Service

(a) To access the Service using a remote machine-to-machine asset, you will need a Wireless Device.

(b) The Wireless Device must be certified with the A-Tick compliance mark and must be:

(i) an external device such as a PC Data Card, USB modem, wireless router or tethered modem that connects to your machine to machine asset; or

(ii) an embedded module within your machine to machine asset.

(c) (‘Wireless Device’).As part of the Service, you may choose to purchase an Approved Wireless Device from Optus or one of its partners.

(d) You can request a list of Approved Wireless Devices from your account executive or by contacting Optus Customer Care.

(e) Alternatively, if you have your own wireless modem or mobile device capable of connecting your machine to machine assets you may choose to use it with the Service. You are responsible for the configuration, operation, maintenance and repair of any equipment that you provide for use with the Service.

5.6. Service restrictions

(a) The Service cannot be used for Remote Devices in your M2M Fleet that are overseas unless you have:

(i) the option of international roaming included in your pricing plan on your Optus Machine to Machine Application; and

(ii) the Remote Device has roaming activated; and

(iii) the Remote Device is compatible with the network availability in your roaming location.

(b) Optus cannot guarantee that the Optus M2M Service can be used successfully with Remote Devices that are overseas. International roaming is not available in all countries or in all areas of countries. The countries in which international roaming is available may change from time to time. Furthermore, some wireless modems or modules only operate with the networks of certain countries. For further information, please contact your account executive or Optus Customer Care.

(c) You will not be issued with a MSISDN (Mobile Subscriber Integrated Services Digital Network-Number) for use with the Service and, as such, any service number allocated will not be available for mobile number porting.

(d) The Service is only available for use with new SIM connections. The Service does not include and does not support the migration of existing mobile data services to the M2M Service.

6. CHARGES

6.1 The charges for the Optus M2M Service are specified in the relevant M2M Service Option Terms (Part 2 of this Service Description), and vary depending on the Service Option selected. They will consist of:

(a) once off charges, including:

(i) SIM ordering charge;

(ii) configuration charge for the private network access via IPSEC access type;

(b) recurring charges, including:

(i) Monthly data subscription charge with the following options:

(A) Stand-Alone

(B) Flexi-Pool

(ii) Excess usage charge;

(iii) Monthly WIP VPN charge for the private network access via Optus Evolve access type, and

6.2 The charges applicable to you will be detailed in the Application Form.

7. SERVICE AVAILABILITY

Availability of the Service depends on and is subject to location, the configuration and limitations of the Optus Network and Supplier Networks, and the Access Method used to deliver the Service.

8. FAULT REPORTING

8.1 If you have a service issue that is not related to your device,, you must report the Fault to Optus by telephoning the number notified to you by Optus from time to time. The number will be available 24 hours a day, 7 days a week. You must provide Optus with all necessary information and assistance to enable verification of the location, and rectification, of any Fault.

8.2 Before reporting a Fault to Optus, you must take all reasonable steps to ensure that the Fault is not attributable to an Excluded Event. If Optus determines that the Fault is attributable to an Excluded Event, Optus may charge you for reasonable costs incurred in the investigation of the Fault, and if you require Optus to rectify the Fault attributable to the Excluded Event.

8.3 Where Optus determines that the Fault is an Excluded Outage or a Service Outage, Optus will use reasonable endeavours to rectify the Fault as soon as is reasonably practicable. The Fault will be rectified when Optus notifies you that the Excluded Outage or the Service Outage has been resolved. Optus may notify you via telephone call, voice message, fax, e-mail or text message.

8.4 Additional conditions, if any, regarding fault management applicable to only one or more Service Options are set out in the relevant Service Option Terms.

9. OPTUS OBLIGATIONS AND REQUIREMENTS

9.1 Optus is entitled to conduct Routine Maintenance without prior notice to you, in accordance with the following conditions:

(a) Optus requires outage windows to be available for Routine Maintenance from 2am to 6am every Monday morning, to be used at the discretion of Optus (“Outage Windows”);

(b) the target maximum impact to the Service during each Outage Window if used for Routine Maintenance is 10 minutes; and

(c) the maximum total outage to you due to Routine Maintenance conducted during Outage Windows for any calendar month is targeted to be no more than 30 minutes.

10. YOUR OBLIGATIONS AND REQUIREMENTS

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10.1 In using the Service, you must comply with Optus’ Acceptable Use Policy and any rules imposed by any third party whose Content or services you access using the Service or whose network your data traverses.

10.2 The Service does not include, and Optus is not responsible for, any configuration of the equipment that you use in connection with the Service. This includes the configuration of any wired or wireless connectivity that may be supported by the equipment that you use in connection with the Service.

10.3 You are responsible for ensuring that the equipment you want to use with the Service is correctly configured.

10.4 You may only authorise named administrators and/or End Users to use the Service. You must keep an up-to-date register of these authorised personnel and make it available for Optus’ inspection at all times on request.

11. RELEVANT APPENDICES

· Optus M2M Standard Pricing Table

12. DEFINITIONS

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14.

Terms not defined in these Service Family Terms are as defined in the General Terms, unless inconsistent with the context.

Access Connection means any connection between your nominated equipment and our Provider Edge Routers in an Optus exchange.

Access Method means the Access Connection method used to deliver the Service.

Administrator means the primary customer contact responsible for issuing and maintaining End User access to the Optus M2M Control Centre.

Approved Wireless Device means a wireless modem or a wireless module, tested and approved by Optus for Use with the Service.

Application Form means the agreement that contains the specific commercial terms under which apply and along with this document forms the terms under which you are procuring this Service.

A-Tick is a compliance mark produced by the Australian Communications and Media Authority (the ACMA) for telecommunications items. The A-Tick indicates that an item is compliant with the mandatory technical standards and can legally be connected to a telecommunications network. For more information on A-Tick see: www.acma.gov.au

Authorised Operational Contact means a contact nominated by you from time to time as authorised to make enquiries into your Optus Machine to Machine Service.

Excluded Event means a breach of the Agreement by you, an act or omission of you or any of your Personnel or an End User, or a failure of your equipment.

Excluded Outage means Scheduled Maintenance, Routine Maintenance, Service Degradation, Excluded Event and/or Force Majeure Event.

Fault means a fault in the network connectivity of a Remote Device to the Service.

Fixed-Pool means a pricing plan that shares a single pool of usage across all services on the plan.

Flexi-Pool means a pricing plan that aggregates usage incrementally across all services on the plan.

Force Majeure Event affecting a party means any event outside that party’s reasonable control, and includes failure or fluctuation in any electrical power supply, failure of air conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake, accident, war, labour dispute (other than a dispute solely between that party and its own Personnel), materials or labour shortage, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission of any third party or any failure of any equipment owned or operated by any third party (including any Regulator, but excluding a Subcontractor).