Executive WFH Solution – Terms and Conditions

EQUIPMENT PACK

36 month lease, subject to finance and product availbility and selection. Minimum repayment $100 ex GST per month.

INTERNET SERVICE & DATA PACK

36 month agreement, subject to service qualifications and service availability. 4G is an OPTUS SIM – 9GB Limit | 12M/1M Limit. Minimum repayment $190 ex GST per month. 

VOICE AND DATA SERVICES | PRODUCT TERMS

1. Our Contract with You

1.1. These Product Terms together with any document referenced in the Approval Section of the Brennan IT Order Form apply to the services (“Voice and Data”) provided by the Company (“us”, “we” or “our”) to the Customer (“you” or “your”).

2. Voice and Data Services

2.1. We will provide the Voice and Data Services to Customers:
2.1.1. in respect of the services identified in these Product Terms and as specified in the Brennan IT Order Form;
2.1.2. to meet or exceed the Service Levels.

VOICE SERVICE TERMS

Providing Telecommunications Service & Call Carriage to Customers.

3. Call Charges

3.1. The Call Charges for your Voice Service is calculated on a daily basis.
3.2. As agreed to on the Voice Services Order Form, we charge a flat fee or a per minute fee depending on the nature of the call (e.g. local, national, fixed to mobile etc).
3.3. Where we have stipulated a per minute fee, we charge in 1 second increments.
3.4. When we work out the length of a call in seconds, we count an incomplete part of a second as a full second.
3.5. We define Local Calls as, calls that are placed outside of the designated Charging District, as defined by the providing Telecommunications Carrier.

4. Fair Use Policy

4.1. A Fair Use Policy applies to any voice services that contain Included Call Plans
4.2. Included Call Plans may be offered in conjunction with our Fair Use Policy; including Standard Calls defined as:
4.2.1. Calls to Australian landline phone numbers (Local and national calls); and
4.2.2. Calls to Australian Mobile Networks.
4.2.3. All other call types are specifically excluded.
4.3. A ‘standard small to medium sized business’ is defined as a business that engages in normal trading activities, during standard business hours applicable to businesses located within their geographic region
4.4. Our Fair Use Policy is intended to ensure that our customers do not use our Services in an excessive, unreasonable or fraudulent manner or in connection with equipment that has not been approved by us.
4.5. Fair Use measures include, but are not limited to:
4.5.1. On average, 95% of timed calls made from your service last no more than 30 minutes
4.5.2. No reselling, rerouting or commercial exploit of the Included Call Plans
4.6. As the Service Provider we can collect information and investigate whether you are complying with the Fair Use Policy. If we find that you aren’t, and you do not comply within 30 days of us telling you, we may change or suspend your Service.

INTERNET SERVICE TERMS

Our Internet services give you a high performance, dedicated connection to the Internet via our points of presence around Australia.

5. Plan Allowance

5.1. Plans can either be Unlimited or Usage Based as outlined on our Quote/Agreement.
5.2. If you have a Usage Based plan and exceed your plan allowance, we will charge an excess fee as defined on our Quote/Agreement.
5.3. The excess use charges are billed in arrears per Megabyte
5.4. If you have an unlimited plan you may download and upload as much data as required.

6. Downgrading Access Speed or Plan

6.1. You may apply in writing to us to downgrade either the access speed of your Internet service or your Plan Allowance within the Contract Term.
6.2. We may at our discretion decline to downgrade these services; or
6.3. We may at our discretion reset the Minimum Contract Term from date of agreement to downgrade.
6.4. We will apply a newly agreed Monthly Charge to your account.

IP & DATA COMMUNICATIONS SERVICE TERMS

A service allowing a Customer of Ours to connect multiple sites to facilitate the flow of private company data. You can use a variety of access methods including DSL, Ethernet, and Frame etc.

7. Downgrading Access Speed

7.1. You may apply in writing to us to downgrade the access speed of your IP & Data Communications service within the Contract Term.
7.2. We may at our discretion decline to downgrade these services; or
7.3. We may at our discretion reset the Minimum Contract Term from date of agreement to downgrade.
7.4. We will apply a newly agreed Monthly Charge to your account.

8. Carriage Services

8.1. We provide the Internet service to you over a connecting carriage service. A connecting carriage service is the telecommunications service between your premises and our point of presence.
8.2. The available connecting carriage services for the Private IP service are:
8.2.1. 3G & 4G
8.2.2. ADSL;
8.2.3. BDSL;
8.2.4. Wireless and Satellite;
8.2.5. Ethernet;
8.2.6. Dark Fibre
8.2.7. NBN Residential and NBN Business
8.2.8. any other connecting carriage service we approve.

CO-LOCATION SERVICE TERMS

Co-location is a service where we house equipment in our data centre in a secure and managed environment. We connect the equipment to either private network or public network (or both) as required by the Client.

9. Set-Up Charges

We charge a set-up fee, unless otherwise agreed to on our Quote/Agreement document to set-up a Co-location service. This includes:
9.1. Installation of the cabinet service
9.2. All external or intra (rack to rack) cabling
9.3. Allocate, configure and test public and/or IP addresses
9.4. Resolve IP address conflicts involving IP addresses allocated to you by Brennan.
9.5. Reclaim IP addresses upon release by you or termination or expiration of your contract.
9.6. Provide cabling between Customer Space and the Brennan network connection.
9.7. This does not include:
9.7.1. Internal rack cabling
9.7.2. Installing, maintaining, administering or monitoring hardware
9.7.3. Installing, maintaining, administering or monitoring applications

10. Access to Our Data Centres

10.1. Access is only provided on a “Needs Be” basis, unless otherwise agreed, in writing by you and us.
10.2. You and your representatives require our escort to gain access. A supervisory presence must be maintained.
10.3. Before being granted access to our data centre, we may require your authorised persons to:
10.3.1. identify themselves to us, present a photo identification card acceptable to us, and log their time of arrival and any equipment with the escort and/or security guard;
10.3.2. be appraised of and follow our fire evacuation, occupational health and safety and other site procedures and regulations (for example, by completing an induction course with us);
10.3.3. Allow any containers, equipment or other material that your authorised persons wish to bring into a managed data centre to be inspected;
10.3.4. Not take anything into a managed data centre that we think is dangerous, unsuitable, or likely to interfere with other equipment or another person’s access to the data centre. These items include (but not limited to):
10.3.4.1. explosives and weapons;
10.3.4.2. radioactive material;
10.3.4.3. alcohol or illegal drugs;
10.3.4.4. cameras and recording devices;
10.3.4.5. food and drink;
10.3.4.6. any other objectionable material.
10.4. Access Cards
10.4.1. You are only issued an access card once you have contracted a complete rack.
10.4.2. We may charge you for this service.
10.4.3. We may also ask you to complete an Induction Programme.
10.5. Client Co-Lo Access
10.5.1. Clients requiring access (either direct or “Remote Hands” through our staff) must log a call with our Service Desk.
10.5.2. This call will be escalated to our engineer queue during business hours, and to our on call engineer outside of hours.

11. Cabling

11.1. We are not responsible for cabling of the Main Distribution Frame Room (MDF) or Intermediate Distribution Frame (IDF).
11.2. We reserve the right to charge you for any costs incurred for the provision of network extension cables or infrastructure.
11.3. We will tell you if a network extension charge is payable and obtain your approval before we start work.

12. Cable Patching

12.1. All Cable Patching must follow proper cable routes.
12.2. Cable Patching between non-adjacent racks is not permitted.
12.3. All Fibre services must be properly installed in conduit access. This includes cable patching between racks.
12.4. Any non-standard cable patching requirements requires our engineering approval.
12.5. All cable patching must be kept neat and tidy.
12.6. Excess cable must not be stored under floor – use of the correct cable length is required.

13. Changes to Co-Located Equipment and Power

13.1. We will charge you for electricity consumption by increasing your monthly fee to match the kVA drawn by the PDU supplying your rack.
13.2. All significant changes made in our data centres which impact multiple customers must be done through the Change Control process.
13.3. All changes can only be requested via a REQ ticket logged to our Service Desk.
13.4. The facilities’ systems and/or controls may only be operated by our Engineer.
13.5. Patching Changes
13.5.1. Patching inside racks does not require Change Control.
13.5.2. All rack patching is to be done by our Engineers
13.5.3. Changes to the patch panels are to be done by our Engineers.
13.6. Emergency Requests can only be raised against existing Infrastructure.
13.7. Emergency requests must be handled by our Engineer.

14. Physical Access Times

14.1. You are provided access during normal working hours (8:00am-6:00pm, Monday-Friday).

15. Tag and Testing

15.1. Labelling
15.2. You must ensure that every configuration item is labelled
15.3. The minimum labelling information is
15.3.1. Client Name
15.3.2. Device Name
15.4. If you do not label your devices, we will do so for you and charge you at our standard hourly rate.

16. Your Responsibilities

16.1. You must ensure that:
16.1.1. your equipment does not use more than the maximum power that is specified in our Quote/Agreement (unless we consent in writing to a different maximum power supply in which case, you must pay an additional charge for the power and ensure that your equipment does not use more than the agreed maximum power supply);
16.1.2. the size and weight of your equipment does not exceed more than the maximum size weight that we specify to you (unless we consent to a different size and weight in which case, you must pay an additional charge and ensure that the size and weight of your equipment does not exceed the agreed maximum size and weight); and
16.2. We may suspend your Co-location service if you do not comply with your other responsibilities relating to your Co-location service. We will notify you of the reason for your suspension as soon as possible and you will have 30 days to remedy the issue.
16.2.1. Should you not comply and remedy the breach within the 30-day timeframe, we will issue a notice to terminate your service.

HOSTING SERVICE TERMS

Hosting services are where we host applications like DNS, Content Filtering on our own or third party infrastructure and provide access to clients as part of their Account Services.

17. Your Data

17.1. We may host or store your data as part of your service.
17.2. You grant us a licence to copy and store your data for the sole purpose of providing you with your service.
17.3. We require that the data that we host or store for you meets certain standards. If we do not think that your data meets these standards, we may suspend or cancel your service, or we may direct you to remove your data. Some examples of data that does not meet our standards includes pornography or data that could be offensive or defamatory.
17.4. We may delete your data immediately after the cancellation of your service. We will try to give you notice before we do this. However, we recommend that you make a copy of your data before or immediately after your service is cancelled.
17.5. You must keep your data backed up, whilst we may backup your data from time to time, we will not be liable for your data loss.

18. Security

18.1. We aim to keep your service secure so that your infrastructure is not visible to third parties.
18.2. We aim to protect our equipment against intrusions, viruses, Trojan horses, worms, time bombs or other similar harmful software which may affect your service; however, we do not guarantee protection.
18.3. You must take steps to prevent unauthorised access to your service and our service platform including not disclosing user names and passwords that we provide you (except as required by the service).
18.4. You are responsible for the use of your service by your users.

19. Anti-Virus Service

19.1. The anti-virus service provides you with centralised monitoring, detection, pattern file management and outbreak notification of viruses known by the software and emerging computer viruses known by the software. The anti-virus service aims to block viruses at the agreed location in your network equipment.

20. Anti-Spam Service

20.1. The anti-spam service assists you with managing the spam that you receive. It screens and blocks certain email based on the instructions and formulas we agree with you. You can select certain features for your anti-spam service including:
20.1.1. Immediate spam deletion: emails that are recognised as spam are deleted without reaching your users;
20.1.2. Tag and deliver spam: emails that are recognised as spam are tagged as spam (for example, by adding “spam” in the subject line) and delivered to the end user; or
20.1.3. Spam redirection: emails that are recognised as spam are sent to a mailbox of your choice to be reviewed by your technical staff.
20.2. You can ask us to customise your anti-spam service for an additional charge (for example, custom filters, attachment size filtering, message size filtering etc.)

21. Content Filtering Service

21.1. The content filtering service allows you to restrict websites that your users have access to. We restrict access to certain websites based on the instructions we agree with you. The content filtering service also blocks:
21.1.1. spyware and adware that is known by the software;
21.1.2. hacking and remote access tools that could harm your network that is known by the software; and
21.1.3. transmission of outbound data to phishing-related websites that are known by the software.

22. Service Limitations

22.1. We use software to provide the Managed Content Security service and that software is not error-free.
22.2. You acknowledge that:
22.2.1. the anti-virus service may not remove all viruses (including where viruses are within attachments that are compressed, zipped, password protected or encrypted);
22.2.2. the anti-virus service may incorrectly identify an email or attachment which does not contain a virus;
22.2.3. the anti-spam service may not screen or block all emails that are designated as “spam”;
22.2.4. the anti-spam service may screen or block emails that have not been designated as “spam” (“spam”, as agreed between you and us);
22.2.5. the content filtering service may block certain websites that you have not specified to be blocked; and
22.2.6. the content filtering service may not block certain websites that you have specified to be blocked.
22.3. If you identify one of the above limitations in the Managed Content Security service, you should notify us immediately and to the extent possible, we will endeavour to rectify the issue at no additional charge.

23. Service Management

23.1. We provide support to the system administrator that you nominate. We do not provide support for all of your users. Support to your nominated system administrator includes assistance with ad hoc questions about the Managed Content Security service and change requests (as detailed below).
23.2. We monitor and manage the software (including upgrades) that is used for your Managed Service.
23.3. We provide you with a monthly report for your Managed Content Security service. The report will detail viruses, spam and website activity that is screened or blocked by your Managed Content Security service.

24. Domain Names

24.1. If you apply for registration of a new domain name as part of your service under this section of Our Customer Terms, then we will procure registration of that domain name with our nominated registrar or reseller. You may also apply to transfer your existing domain name to our nominated registrar or reseller.
24.2. We do not guarantee that you will be successful in your application to register or transfer the domain name.
24.3. If the application for your new domain name to our nominated registrar or reseller is successful, we will provide you with the registry key or password to your domain name.
24.4. If your domain name registration lapses when you still have a service under this section of Our Customer Terms, we may remove your domain name records from our system, and you will not be able to use that domain name for your service. Your domain name will also be released by the registrar to be available for registration.
24.5. If you cancel your service under this section of Our Customer Terms and at the time of cancellation the registration period of your domain name has not yet expired, the domain name registration will continue for the remaining term of your domain name registration. You are responsible for ensuring that your domain name registration is renewed or transferred to another domain registrar or reseller. We will also cease domain name hosting for that domain from the time of cancellation of your service.
24.6. You agree to be bound by and will comply with the policies and terms and conditions applied by the relevant registrar (as applicable and as amended by the relevant registrar from time to time).
24.7. If your domain name is:
24.7.1. a “.com”, “.net”, “.org” or other top-level domain name (TLD), you agree to comply with the policies applicable to such domain names as issued by the Internet Corporation for Assigned Names and Numbers (ICANN) (as amended by ICANN from time to time); or
24.7.2. a “.au” domain name (each a 2LD), you agree to be bound by the .au 2LD Domain Name Eligibility and Application Policy Rules issued by .au Domain Administration Limited (auDA) located at http://www.auda.org.au (as amended by auDA from time to time).
24.8. You acknowledge that additional policies relating to your domain name may come into effect from time to time, and you agree to comply with such additional policies.
24.9. If there is a dispute regarding your domain name registration or in respect of your domain name after registration, you agree that your domain name will be subject to arbitration, suspension or cancellation in accordance with auDA or ICANN procedure, or by any registry administrator procedure approved by auDA or ICANN policy, relating to:
24.9.1. the correction of mistakes by us or the registry administrator in registering the domain name; or
24.9.2. the resolution of disputes concerning the domain name.
24.10. You agree that if changes or modifications are made to the auDA or ICANN procedures or registry administrator procedure and you continue to maintain registration of your domain name after those changes or modifications become effective, you confirm your acceptance of those changes and modifications.
24.11. If there is a dispute regarding your domain name, you agree to submit to the jurisdiction of the courts as provided in the applicable procedures.
24.12. You can ask us to re-delegate your existing domain name to us by completing and submitting an application form. We re-delegate the following four Domain Name Server (DNS) parameters:
24.12.1. the www DNS parameter;
24.12.2. the mail DNS parameter;
24.12.3. the FTP DNS parameter; and
24.12.4. the shop DNS parameter, using the application form.
24.13. You must provide us with information we request to allow us to re-delegate your existing domain name to us, including notifying us of any additional records you may hold that are associated with your domain name.
24.14. You must pay any registration or delegation charges to us in advance. We cannot register a domain name for you unless you pay for it in advance.
24.15. We are not liable for any loss or damage resulting from the non-renewal of your domain name if you fail to provide us with consent to renew the domain name registration or you delay in providing us with such consent.
24.16. You indemnify us against all claims arising out of the registration, use or renewal of your domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.

25. Takedown Notices and Directions

25.1. You must promptly notify us if you receive any takedown, service cessation or link deletion notices from the Australian Communication and Media Authority (or other regulatory authority), or directions from the Telecommunications Industry Ombudsman issued under the Mobile Premium Services Industry Scheme, which relates to your hosted content. You must promptly comply with any such notices and directions.
25.2. We may immediately disable or suspend access by you or your customers to your hosted content by written notice to you if:
25.2.1. you fail to comply with any of the takedown, service cessation or link deletion notices from the Australian Communication and Media Authority (or other regulatory authority) or directions from the Telecommunications Industry Ombudsman;
25.2.2. we receive any takedown, service cessation or link deletion notices from the Australian Communication and Media Authority (or other regulatory authority) or directions from the Telecommunications Industry Ombudsman which relates to your hosted content or any part of it; or
25.2.3. we reasonably suspect that your hosted content or any part of it breaches any laws, regulations, determinations or industry codes applicable to your service or your hosted content or infringes the rights (including Intellectual Property Rights) of any person.

26. Third Party Claims

26.1. You indemnify us against all loss as a result of a third party claim that relates to your data or the use of your service.

BVD MANAGED SERVICES SERVICE TERMS

Managed Services are the supply, installation and ongoing management of hardware devices for use with Brennan Internet, IP & Data Communications or Co-location services.

27. Ownership of Equipment

27.1. The Router, network termination devices and power supply units (and the power cable between them) belong to us.
27.2. All cabling and your equipment beyond the router are your responsibility.
27.3. Your obligations You agree:
27.3.1. to keep the equipment in a safe and protected environment; and
27.3.2. to keep the rental equipment within your control; and
27.3.3. to only attach attachments to the rental equipment that meet
27.3.4. Australian Communication Authority compliance standards; and
27.3.5. not to deface, change, modify or repair the rental equipment; and
27.3.6. to tell us immediately if the equipment does not work or becomes faulty; and
27.3.7. to get our consent before any equipment is taken from the address shown in our records; and
27.3.8. to return the rental equipment at your cost to us at one of our collection locations when the service is cancelled; and
27.3.9. to return the equipment to us in good working order; and
27.3.10. to tell us immediately if the equipment gets lost or stolen.
27.4. If you refuse to return any rental equipment, or cannot (e.g., because it has been lost or stolen), we will charge you for a new replacement.

28. Infrastructure Not Included

We do not have to supply any of the following when we connect your new Service:
28.1. Cable from a fixed termination point to a moveable structure;
28.2. Cabling across, through or under a body of water or tidal land;
28.3. Clearing, digging and reinstatement of land required to install the lead-in cable along the chosen route on your premises; or
28.4. Any additional cabling or equipment required to reduce, eliminate or avoid a site hazard (such as a high voltage substation, a hazardous area or explosive atmosphere).

29. All Network General Hardware Managed

29.1. It is a condition of this agreement that all network hardware within a category are ordered to be under management at supported sites.
29.2. You are not able to exclude these items on an individual basis from within a site.
29.3. If we discover more devices at a given site than listed on the order form in a managed category, we will by default add these to inventory and charge accordingly.
29.4. You can exclude all of each category of device at a given site. For example, you may instruct us to manage all or none of a stack of switches at a particular site, but not select a single switch to manage at that site.
29.5. The date of Service Commencement will be agreed at the beginning of the Transition Process and documented, as part of Transition Plan. The selected date will be a maximum of 60 days from contract signature. If the date of Service Commencement is delayed for any reason, Brennan IT reserves the right to commence invoicing the Monthly Service Fee in its entirety. In the event you wish to cancel Services, you may do so in accordance with Clause 50.2.

VOICE AND DATA GENERAL PRODUCT TERMS

In addition to the Specific Product Terms outlines above, the following General Terms apply to all Voice and Data Products that we supply you.

30. Invoicing

30.1. We will invoice charges for a service monthly in advance based on the specifications you order.
30.2. We will invoice charges for additional usage in arrears.
30.3. We may deliver an invoice by electronic delivery, or any other reasonable way.
30.4. Late invoicing does not affect our right to payment or your obligation to pay.
30.5. If we fail to invoice for a service, we may back bill for the service for up to 6 months.

31. Set-Up Charges

We charge a set-up fee, unless otherwise agreed to on our Quote/Agreement document to provision and connect an Internet service.

32. Additional Charges

32.1. We charge you for all costs and expenses we incur in connection with repairing, modifying or altering any of our property where those costs or expenses are caused by your equipment being connected to or interfering with our network or managed service tasks. *This includes routers, switches and firewall rules.
32.2. We charge you the agreed amount of any work that we agree to perform and that we do not have to perform, under the Internet Category Terms section of our SFOA. If there is no agreed amount of any work, then we charge you for that work on a time and materials basis at our then current rates.
32.3. We reserve the right to charge you for all costs and expenses we incur for delayed installation activities due to site access unavailability
32.4. Any installs or cutovers to be performed out of business hours or on weekends are subject to prior scheduled agreement and additional after-hours rates.

33. Fees

We may pass on price increases:
33.1. which our third-party suppliers may impose on us;
33.2. which are imposed on us by law such as an increase in GST.

34. Assistance and Safety Precautions

You must provide us with all reasonable assistance (including access to your sites and systems) to enable us to meet our obligations. You must take all safety precautions reasonably necessary to ensure that we can safely and properly perform all work that we need to perform at your sites.

35. IP Addresses

35.1. We provide you with IP address(s) for Internet service(s) as part of the monthly fee (agreed to on our Quote/Agreement).
35.2. We grant you a non-exclusive, non-transferable license to use any IP address that we provide to you in software and hardware devices nominated by us. The license is for the sole purpose of enabling those devices to be used with your Internet service(s).
35.3. When your license to use an IP address ends, you must immediately stop using the IP address and remove it from all software and hardware devices.

36. Reconnection Charge

36.1. We can charge you a reconnection charge of a service if:
36.1.1. You cancel the phone line that the service is provisioned on; or
36.1.2. For material breach of our Master Services Agreement where we have suspended the service.
36.2. The reconnection charge will be equal to the standard set-up fee of that service, listed on our Quote/Agreement.

37. Placing Orders on Hold

37.1. If you place an order on hold while it is in our provisioning process, you automatically waive the “Lead Time Guarantee” as set out in our Voice and Data Service Level Agreement.
37.2. You also waive the right to request for monetary compensation for missed Lead Times as set out in our Voice & Data Service Level Agreement.

38. Cabling

38.1. We are not responsible for cabling of the building, Main Distribution Frame Room (MDF), cabling to the floor or within the customer premises’ offices.
38.2. We reserve the right to charge you for any costs incurred for the provision of network extension cables or infrastructure.
38.3. We will tell you if a network extension charge is payable and obtain your approval before we start work.

39. Monthly Access Charges

39.1. The Monthly Access Charge, as described on our Quote/Agreement, is billed per month in advance.
39.2. Minimum terms for monthly access charges commence on the date of Service Activation, not on the signature date on the Order Form.

40. Term and Renewal

40.1. The Term for the service shall be for the duration as specified in this Brennan IT Order Form;
40.2. The Term for the service shall begin from the date of Service Activation.
40.3. We will revert to charging casual rates by increasing all fees to the listed RRP in this agreement or by 20% (where there is no RRP listed) for continuation of service should the you be out of contract term, until such time the agreement is renewed.

41. Commencement of Charges

41.1. We define Service Activation when the Carrier Cutover has been completed and we notify you via email that your Service is ready for consumption, not when you start consuming the service or when the contract is signed.
41.2. We begin charging for services from date of Service Activation.
41.3. If Carrier Cutover begins in the middle of a month, we will bill on a pro-rata day to day basis until the next full billing period commences.

42. Temporary Disconnections

42.1. Where you ask us to disconnect your Basic Telephone Service temporarily, we do not charge for the temporary disconnection.
42.2. We continue charging you the monthly access charges for the service while it is disconnected. You must also pay us the appropriate connection fee to reconnect it.

43. Relocation Charges

43.1. We will charge you for the relocation of a service.
43.2. You can relocate services from one business premises to another within the minimum contract term.
43.3. You must apply to us in writing to relocate your service and we will provide a cost per service to do so.
43.4. You may request for the current premises’ service to be extended beyond the installation of the new premises’ Service activation, in this case:
43.4.1. We reserve the right to charge you if the current premises’ Service is left active for longer than 2 weeks in addition to the Monthly Fee of the new premises.
43.4.2. We reserve the right to continue charging on a monthly basis until the current premises’ Service is deactivated.

44. Service Provisioning

44.1. Service Provisioning Cancellation is cancelling a service after it has been contractually agreed to, and is in provisioning process, but is not activated at the customers’ premises.
44.2. We will charge you for the costs incurred by cancelling this service before Carrier Cutover/Activation has occurred. *these vary depending on access technology and carrier

45. Cancellation Fees

45.1. The Service Provisioning cancellation fees and cancellation fees are a reasonable estimate of the loss that we are likely to suffer as a result of the early cancellation of an IP & Data Communications service.
45.2. We can charge you a cancellation fee, if you request to cancel the service after it has been provisioned, but before the end of the minimum term.
45.3. Early Termination Cancellation is calculated by the Monthly Fee (agreed to on our Quote/Agreement) multiplied by the number of months remaining on the contract.
45.4. You may only request the cancellation of a service via our cancellation form on our website, submitted via email to cancellations@brennanit.com.au, with 30 days’ notice of your intent to cancel.
45.5. If your Minimum Term has been completed, you may request the cancellation of a service, submitted in writing to us, with 90 days’ notice of your intent to cancel.

46. Faults

46.1. Fault reporting:
46.1.1. You can report faults with your Service to us 24 hours a day by:
46.1.1.1. Telephone Call
46.1.1.2. Service Desk Website
46.1.2. Where you report a fault with a Basic Telephone Service after 5:00 pm, we treat this as if you had reported it the following working day.
46.2. Faults you cause:
46.2.1. We can charge you for repairing a fault, if it is caused by something you or someone else using your Basic Telephone Service do (or do not do) wilfully, recklessly or negligently.
46.2.2. If you report a fault in your Service and ask us to come to your premises to repair it, and once at your premises we determine on reasonable grounds that the fault is not in the Brennan or its providers network (for example, the fault may be in your equipment), we will charge you an incorrect callout charge.
46.3. Fault isolation assistance:
46.3.1. We may require you to undergo basic remote isolation testing over the phone to assist us in isolating a fault before you can request our attendance at your premise or somewhere else to investigate a potential fault further. If you refuse to complete this basic testing, we will not be able to progress the fault further on the call. If you refuse to undergo basic remote isolation testing and request our attendance to site, you agree to pay a Service Callout Fee as quoted at this time or $150, whichever is greater. These charges will be applied to your bill.

47. Restraints

47.1. Neither party may approach the Employees, Agents or Contractors of the other party to this Agreement, with an offer of employment during the term of this Agreement or for each of the following periods, 2 months, 3 months, 6 months and 12 months after its expiry or termination.
47.2. For the avoidance of doubt, nothing in clause 46.1 prevents either party from employing an employee of the other party as a result of the employee responding to a public notice, in the absence of any solicitation however if this occurs then the employing party will pay a replacement recruitment fee to the other party of $90,000 ex GST.

48. Expenses

48.1. You must reimburse us out of pocket expenses provided:
48.1.1. if the expense is greater than $1,000 the expenses have been approved in writing
48.1.2. if the Expense was equal to or less than $1,000, it was incurred in your best interest and seeking your approval was not practical (for example if the situation was an emergency or the expense was incurred out of your business hours and
48.1.3. we supply reasonable evidence substantiating the expense.
48.1.4. you must pay the Technology Charge if you access our systems made available to you.
48.1.5. Technology Charge means an amount charged to cover costs of our internet facing procurement and management systems and is charged when the system is accessed by you. The amount of the charge is displayed on the system prior to access.

49. Your Obligations

49.1. You must:
comply with all laws, regulations, policies and guidelines including the Brennan Acceptable Use Policy https://www.brennanit.com.au/terms-and-agreements

50. Termination

50.1. On termination we may:
50.1.1. repossess any of our property in your possession, custody or control;
50.1.2. retain all moneys paid to us under the Service Contract;
50.1.3. provide you with an invoice for all unpaid fees and expenses and any costs incurred by us as a result of termination; and
50.1.4. pursue any additional or alternative remedies provided by law.
50.2. If you terminate a Service Contract prior to its expiry, then you must pay us within 14 days of invoice, the equivalent of the Monthly Service Fee multiplied by the number of months remaining in the Service Contract (e.g. if the Monthly Service Fee is $200 (inc GST), and there are 3 months remaining in the Service Contract, you must pay us $600).

51. General Matters

51.1. If any device or software in your network or IT systems has a security vulnerability rated above “Low” from our vulnerability assessment or active security issue;
51.1.1. You agree to remediate the vulnerability at your own cost within 30 days of our notification to you. If you fail to do so you grant us the right to remediate the vulnerability at your cost, unless our product terms include this remediation as a part of your service.

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