1 SERVICE
1.1 The Managed Fire Service (“ MFS ”) operate a service to monitor fire alarms at customer premises (“ State Monitoring Service ”). Customers of the State Monitoring Service require particular equipment at their monitored sites, and access to the IPVPN underlying the State Monitoring Service, to take advantage of the Monitoring Service.
1.2 The Managed Fire Alarm Service ( MFAS ) allows you to connect your fire alarm to the State Monitoring Service so that the State can monitor your Sites.
1.3 We agree to supply the Service to you, and you agree to acquire it from us, for the Sites nominated in this Application Form, at the prices and on the terms of this Application Form (including this Attachment) ( Agreement ).
1.4 We do not provide, and are not responsible for, the State Monitoring Service.
2 SERVICE ELEMENTS AND ELIGIBILITY
2.1 MFAS is a managed service comprised of the following elements:
(a) rental of Equipment;
(b) installation of the Equipment at your Site;
(c) maintenance and support of the Equipment; and
(d) connectivity to the MFAS network via two mobile telephone networks (or in limited circumstances where we determine mobile reception is not sufficiently strong, one mobile connection and one NBN- based data connection OR one NBN- based data connection ),
(e) operational monitoring of the Equipment and associated alarms.
as further described in this Agreement.
2.2 To be eligible for the Service on the terms set out in this Agreement, you must:
(a) have a FIP installed at the Site before we are able to install the Equipment; and
(b) be approved by the State (including having obtained its approval in the form set out in this Application Form).
2.3 We may refuse to supply MFAS in our discretion, including if the requirements set out in this Schedule are not met (including satisfaction of the eligibility requirements).
2.4 You must comply with:
(a) the General section of the Telstra Mobiles section of Our Customer Terms (currently found at https://www.telstra.com.au/customer-terms/business-government/telstra-mobile/general or any updated location) in relation to access to our mobile telephone network; and
(b) the Services on the NBN section of Our Customer Terms (currently found at https://www.telstra.com.au/customer-terms/nbn-services-general or any updated location) (if relevant) in relation to your use of the NBN connection.
3 EQUIPMENT
3.1 We rent the Equipment to you during the Term. Title in the Equipment remains with us at all times, however risk in the Equipment passes to you on installation of the Equipment at your Site.
3.2 The ASE’s standard configuration is Dual-SIM, providing connectivity to MFAS via two mobile networks. We provide connectivity with the dual networks on a managed basis and you have no relationship with the other telecommunications provider. In limited circumstances where we determine mobile reception is not sufficiently strong, we will reconfigure the ASE to provide connectivity via one mobile connection and one NBN-based fibre connection.
3.3 When properly maintained and subject to your compliance with this Agreement, the configuration selected for your Equipment will comply with "AS1670.3 - 2018 Fire detection, warning, control and intercom systems - System design, installation and commissioning – Part 3 - Fire Alarm Monitoring" as that standard is modified to include one or more Wireless Internet Protocol (WIP) communication paths from the Equipment to the State’s alarm monitoring centre, via one or more mobile telephone networks, and complies with any updates or replacements to that standard issued during the Term. You cannot use any other supplier to provide the Equipment.
3.4 You can ask us to rent other Equipment related to MFAS from time to time. If we agree to provide it, we will let you know the price at the time.
4 INSTALLATION
4.1 The purpose of installation is to connect the Equipment to your FIP, so that your FIP can connect to the State Monitoring Service.
4.2 Before installation, you are responsible for making ready the Site to connect to MFAS, including by providing any installation facilities we recommend. You must obtain all necessary consents (if any) from the owners of, or other parties with an interest in, the Site to enable such work to be carried out.
4.3 We will arrange for our relevant personnel to attend any Site induction that you advise us of in the Application Form. We may charge you for the time taken to attend induction at our then-current hourly rates.
4.4 We will connect the Equipment to your FIP, provided that the FIP is approved by the State for use with the State Monitoring Service. You acknowledge and agree the State has directed us to replace any ‘slave’ devices with ‘master’ ASE devices.
4.5 If we determine that an NBN-based connection is required, installation does not include the cost of any cabling necessary to connect from our network boundary at your Site to the ASE. If you ask us to provide this and we agree to do so, additional cost will apply and will advise you of the cost at the time. Different managed services monthly charges will be applicable for non-standard (non dual mobile) ASE deployments
4.6 If you wish to install the additional cabling yourself, or we do not agree to install cabling for you, the cabling:
(a) must be installed by a registered cabling contractor; and
(b) must be installed to, and continue to meet, the minimum technical requirements determined by the Australian Communications and Media Authority.
4.7 You permit us or our subcontractors to enter your Site (and any other reasonably necessary locations) on reasonable notice to inspect, maintain, repair, replace or remove the Equipment (including, without limitation, providing safe and reasonable access, working space and facilities - including heat, light, ventilation, electric current and outlets and local telephone extension), and reasonable access to your network and systems and personnel as required to carry out the inspection, maintenance, repair, replacement or removal.
4.8 You must, at your cost, provide us with all reasonable assistance and take all safety precautions reasonably necessary to ensure the safe and proper performance by us of all work at your premises.
5 EQUIPMENT MAINTENANCE
5.1 The following sections do not affect your statutory rights. Please see www.telstra.com/customerterms for an important notice regarding your statutory rights.
5.2 Subject to clause 5.3, we will repair or replace any Equipment that has defects that are reported to us in accordance with clause 5.7 during the term of this Agreement at our cost, to the extent necessary to maintain operation of the Equipment to allow monitoring of your fire alarm by the State.
5.3 We do not repair or replace Equipment with defects caused by:
(a) acts beyond our control (such as lightning strikes);
(b) power surges;
(c) any alterations, modifications, adjustments, repairs or servicing done by anyone other than us or a third party expressly approved by us in writing;
(d) vandalism or other deliberate or negligent damage;
(e) fluid ingress; or
(f) any failure to follow our reasonable directions,
or fix defects that are not necessary to maintain the operation of the Equipment in a way that allows monitoring of your fire alarm by the State.
5.4 If you ask us to fix any defect with the Equipment that is covered by clause 5.3, we will charge you on a fee- for-service basis unless we are required under consumer protection laws to fix the defect at our cost.
5.5 You acknowledge that the State may request that MFAS be upgraded to incorporate different equipment to replace the Equipment from time to time, and that we are required to engage with the State to replace ageing Equipment from time to time. Accordingly, we may require that Equipment be replaced from time to time.
5.6 If this occurs, additional charges or conditions may apply, but we will give you reasonable notice and discuss any transition with you at the time.
5.7 If you experience any difficulties with your Equipment or MFAS, please contact your Fire Maintenance Contractor in the first instance (who will arrange for any faults which are our responsibility under clause 5.2 to be directed to us), and for any billing issue please contact 1800 241 220 ).
5.8 We provide the following service assurance targets, but do not guarantee to meet them. We do not provide service credits in relation to these service assurance targets. We will tell you whether you are in a ‘metro’ or ‘country’ area on request.
6 ADDS/MOVES/CHANGES
6.1 You may request a change of lessee for an existing MFAS by obtaining the State’s authorisation and completing the Change of Lessee Form section of the Application Form, and submitting it to us.
7 PRICE, INVOICING &PAYMENT
7.1 As at the date of the Agreement, the fees for MFAS as set out in the table below. All prices are listed exclusive of GST.
7.2 Once per year, we may increase the fees in accordance with the change in the Consumer Price Index – All Groups – Average 8 Capital Cities, as compared against the same point in the previous year. We will provide you with notice of any change in advance.
7.3 We will invoice you for MFAS monthly, and you must pay the invoiced amount within 14 days of the invoice date.
7.4 If you do not pay any invoiced amount by the due date, we may apply the late payment charge set out in the table below. Late fees apply for each month that you are in arrears (but stop accruing past the date we terminate MFAS, ifever).
Disputes
7.5 If you genuinely dispute an invoice you need not pay the disputed amount until the dispute is resolved, however you must pay all undisputed amounts by the due date.
7.6 You may only make a claim on the basis that the charges on an invoice for Services are incorrect within 12 months of the invoice due date.
Early termination charge
7.7 Even though the Service is provided on a month-to-month basis, you must rent the ASE for a minimum term of 2 years from the date of installation at your Site ( Minimum Term ). This applies even if you have cancelled your Service during the Minimum Term.
7.8 Subject to clauses 7.9 and 7.10, if:
(a) you vacate the Site premises where the Equipment is installed during the Minimum Term; or
(b) you terminate your MFAS during the Minimum Term,
then we may charge you an early termination charge in respect of the Equipment.
7.9 If you vacate the Site during the Minimum Term and another customer occupies the same Site within 30 days of the date you vacated the Site, we will consider the Equipment to be continuously rented and we will not charge you an early termination charge.
7.10 If you vacate the Site during the Minimum Term, and the Equipment is not required on that Site following your departure, we will, where possible, attempt to re-locate the Equipment to another Site for another customer. If we do manage to re-locate the Equipment to another Site for another customer, within 30 days from the date you departed the Site, we will consider the Equipment to be continuously rented and will not charge you an early termination charge.
8 OUR COMMITMENT TO YOU
8.1 We will:
(a) provide MFAS with due care and skill, but do not guarantee that it will be secure, continuous or fault free;Managed Fire Alarm Service Updated November 2020 Telstra Corporation Limited ABN 33 051 775 556 Page 10
(b) ensure that Equipment or other goods supplied in connection with MFAS are reasonably fit for the purpose for which they are supplied; and
(c) ensure that all work we perform in connection with MFAS is carried out by competent and suitably qualified personnel.
9 YOUR COMMITMENT TO US
9.1 You:
(a) must ensure that the MFAS is used as a “fire line” only. That is, as a telecommunications line used to send automatic fire alarm monitoring signals from your premises to the State Monitoring Service. You must not use or allow any third party to use, MFAS for any other purpose;
(b) must provide us with all reasonable assistance and take all safety precautions reasonably necessary to ensure the safe and proper performance by us of all work at your Site or other premises;
(c) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with MFAS and that your Site and the equipment complies with and is used in accordance with all reasonable procedures notified by us and any applicable legislation;
(d) must not alter, tamper, reverse engineer, repair or attempt to repair MFAS or the Equipment or cause, or allow, a third party to do any of these acts;
(e) except for the Equipment, and subject to these terms (including regarding the standard of cabling required) are solely responsible for selecting, supplying and maintaining your own facilities and equipment;