nbn™ Platform Interfacing Service Module nbn™ Platform Interfacing Service Module sets out the following terms and conditions which apply to nbn’s supply of the nbn™ Platform

nbn™ Platform Interfacing

Service Module Wholesale Broadband Agreement

This document forms part of NBN Co’s Wholesale Broadband Agreement, which is a Standard Form

of Access Agreement for the purposes of Part XIC of the Competition and Consumer Act 2010.

Roadmap

SFAA - Wholesale Broadband Agreement - nbn™ Platform Interfacing Service Module

Roadmap

The nbn™ Platform Interfacing Service Module sets out the following terms and conditions which

apply to nbn’s supply of the nbn™ Platform Interfacing Service:

the Service Description for the nbn™ Platform Interfacing Service;

the Service Levels Schedule for the nbn™ Platform Interfacing Service;

the nbn™ Platform Interfacing Service Price List;

the Service Terms for the nbn™ Platform Interfacing Service; and

the nbn™ Platform Interfacing Service Fair Use Policy.

Service Description nbn™ Platform Interfacing Service Module

Wholesale Broadband Agreement



SFAA - Wholesale Broadband Agreement - Service Description - nbn™ Platform Interfacing

Service Module

2

Copyright

This document is subject to copyright and must not be used except as permitted below or under the

Copyright Act 1968 (Cth). You must not reproduce or publish this document in whole or in part for

commercial gain without the prior written consent of nbn. You may reproduce and publish this document in

whole or in part for educational or non-commercial purposes as approved by nbn in writing.

Copyright © 2017 nbn co limited. All rights reserved. Not for general distribution.

Disclaimer

This document is provided for information purposes only. The recipient must not use this document other

than with the consent of nbn and must make its own inquiries as to the currency, accuracy and

completeness of this document and the information contained in it. The contents of this document should

not be relied upon as representing nbn’s final position on the subject matter of this document, except

where stated otherwise. Any requirements of nbn or views expressed by nbn in this document may change

as a consequence of nbn finalising formal technical specifications, or legislative and regulatory

developments.

Environment

nbn asks that you consider the environment before printing this document.

Service Description nbn™ Platform Interfacing Service Module


Version Description Effective Date

3.0 First issued version of WBA 3 17 November 2017

Introduction


Service Module

3

Introduction

This Service Description for the nbn™ Platform Interfacing Service describes the nbn™ Platform

Interfacing Service. This document forms part of the nbn™ Platform Interfacing Service Module.

Roadmap

A roadmap describing the structure of this document follows for the assistance of Customer.

Part A: The nbn™ Platform Interfacing Service

Part A describes what the nbn™ Platform Interfacing Service is.

Part A: The nbn™ Platform Interfacing Service Page

The nbn™ Platform Interfacing Service 4

Part B: Key Business Transactions

Part B describes the types of Key Business Transactions which Customer may perform through the

nbn™ Platform Interfacing Service.

Part B: Key Business Transactions Page

1 Key Business Transactions 5

Part C: Service Elements

Part C describes the two Service Elements of the nbn™ Platform Interfacing Service.

Part C: Service Elements Page

2 B2B Access 6

3 nbn™ Service Portal 6

Part D: Operation of the nbn™ Platform Interfacing Service

Part D describes nbn’s and Customer's general obligations, and conditions of use in respect of the


Part D: Operation of the nbn™ Platform Interfacing Service Page

4 General obligations 7

5 Transaction Manager 7



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The nbn™ Platform Interfacing Service:

enables customers to connect to, and interface with, the nbn™ Platform in order to

perform specified Key Business Transactions in relation to certain products and services

supplied by nbn; and

comprises B2B Access and the nbn™ Service Portal, which Customer may use individually

or together.

nbn will supply the nbn™ Platform Interfacing Service from nbn’s data centre at Ultimo, New

South Wales, nbn’s data centre at Springfield, Queensland and any other locations notified by nbn

to Customer from time to time.



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Section 1 describes the Key Business Transactions that Customer may perform through the nbn™

Platform Interfacing Service and Monitored Transactions for the purposes of the Transaction

Manager.

1. Key Business Transactions

1.1 Key Business Transactions

The following transactions are Key Business Transactions for the purposes of this Agreement.

Key Business Transaction Description

Activation Transactions Address Enquiries

Site Qualification Enquiries

Order Feasibility Checks (B2B Access only)

submission of Connect, Modify, or Disconnect orders

amendment of an order being processed

tracking of orders being processed

Appointment Transactions

Appointment availability enquiries

Appointment reservation

tracking of Appointments being processed

amendment of an Appointment being processed

Assurance Transactions submission of Trouble Tickets

amendment of a Trouble Ticket being processed

tracking of Trouble Tickets

Billing Transactions notification of summary invoices

notification of billing event or adjustment files

retrieval of historical billing information

Test & Diagnostic Transactions

submission of Diagnostic Status Tests or Network Tests

tracking of Diagnostic Status Tests or Network Tests

1.2 Monitored Transactions

Monitored Transactions comprise the following Key Business Transactions:

(a) Test & Diagnostic Transactions.



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Section 2 describes B2B Access.

2. B2B Access

(a) B2B Access enables Customer and nbn to perform supported Key Business Transactions

using their own operations support systems and billing support systems by exchanging

encrypted and digitally-signed messages over the Internet using ebXML between ebXML-

compliant gateway servers hosted by Customer and nbn respectively.

(b) The following diagram illustrates that exchange of messages between the Customer B2B

Gateway and nbn™ B2B Gateway:

(c) If nbn supplies Customer with B2B Access, each party must comply with the B2B

Specifications applicable to that supply.

(d) nbn will support each Major B2B Interface Version for at least 12 months after the

publication of the ‘nbn™ Platform Interfacing Service B2B Access Release Note’ which

introduces the next Major B2B Interface Version.

(e) Customer may in its discretion continue to use, or update to, any B2B Interface Version

that nbn makes available and supports at that time as part of B2B Access.

(f) B2B Access does not include direct access to, or direct use of, nbn’s core systems or the

functionality of nbn’s core systems.

Section 3 describes the nbn™ Service Portal.

3. nbn™ Service Portal

(a) The nbn™ Service Portal enables Customer and nbn to perform supported Key Business

Transactions over the Internet using a web-based portal provided by nbn.

(b) The nbn™ Service Portal does not include direct access to, or direct use of, nbn’s core

systems or the functionality of nbn’s core systems.

(c) Use of the nbn™ Service Portal is subject to the nbn™ Service Portal Terms and

Conditions, which may be updated by nbn from time to time.



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Part D: Operation of the nbn™ Platform

Interfacing Service

Section 4 specifies Customer’s conditions of use of the nbn™ Platform Interfacing Service.

4. General obligations

4.1 Valid uses of nbn™ Platform Interfacing Service and data

(a) Customer may only use the nbn™ Platform Interfacing Service for the purpose of

performing Customer’s Key Business Transactions and for purposes approved by nbn in

writing.

(b) Customer may only use, in accordance with additional conditions in the Service Terms for

the nbn™ Platform Interfacing Service:

(i) Site Qualification Information for:

(A) determining whether a Product is available in respect of a Premises or

location;

(B) developing and planning the supply of Customer Products;

(C) choosing whether to place an order for a Product;

(D) marketing the supply of Customer Products; and

(E) any other purposes approved by nbn in writing; and

(ii) Order Feasibility Information for:

(A) determining whether Customer is able to place an order through the nbn™

Platform Interfacing Service in accordance with this Agreement;

(B) developing and planning orders for Products through the nbn™ Platform

Interfacing Service; and

(C) any other purposes approved by nbn in writing.

Section 5 describes how nbn may monitor and deprioritise the processing of, and responses to,

particular transactions on the nbn™ Platform Interfacing Service in certain circumstances.

5. Transaction Manager

5.1 Transaction Manager

(a) nbn may impose a Transaction Quota for each type of Monitored Transaction.

(b) If, in a Transaction Window, Customer submits Monitored Transactions to the nbn™

Platform Interfacing Service which:

(i) exceed the Transaction Warning Threshold for that type of Monitored Transaction,

nbn will notify Customer;

(ii) exceed the Transaction Quota for that type of Monitored Transaction, nbn will:



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(A) indicate that the Transaction Quota has been exceeded using a visual

indicator via the nbn™ Service Portal; and

(B) notify Customer and deprioritise further transactions of that type of

Monitored Transaction; and

(iii) are less than the Transaction Deactivation Threshold (after Customer’s Monitored

Transactions have exceeded the Transaction Quota during that Transaction

Window), nbn will notify Customer and reprioritise further transactions of that type

of Monitored Transaction.

(c) Monitored Transactions measured under this section 5 are measured across all Monitored

Transactions submitted by Customer to the nbn™ Platform Interfacing Service through

both B2B Access and the nbn™ Service Portal.

(d) nbn may delay its response to a Monitored Transaction which has been deprioritised under

section 5.1(b)(ii)(B).

5.2 Temporary planned Customer Transaction Quota adjustment request

(a) Customer may request a temporary adjustment to any applicable Transaction Quota, for a

period of up to 3 months (or such longer period as may be agreed by nbn), if:

(i) Customer plans to introduce changes to Customer’s processes, systems, facilities

or Customer Products; and

(ii) Customer anticipates, on reasonable grounds, that the changes will result in a

material increase in the volume of Monitored Transactions submitted by Customer

to the nbn™ Platform Interfacing Service.

(b) To request a temporary adjustment to the Transaction Quota, Customer must:

(i) raise a Service Request in accordance with the WBA Operations Manual or discuss

the request at a Governance Meeting;

(ii) provide at least 1 months’ notice before the proposed effective date of the

adjustment; and

(iii) provide nbn with a business justification for Customer’s request.

(c) nbn must determine, acting reasonably, whether to grant any request by Customer under

section 5.2(a) taking into account:

(i) all information provided to nbn by Customer that is relevant to Customer’s

request;

(ii) the potential impacts of an adjusted Transaction Quota for the nbn™

Infrastructure, the nbn™ Platform Interfacing Service and Other Customers; and

(iii) any other circumstances nbn considers are relevant to Customer’s request.

(d) nbn will notify Customer of the outcome of nbn’s determination under section 5.2(c) and,

depending on the outcome of its assessment, will confirm:

(i) whether or not it will make the requested adjustment or any alternative

adjustment to the Transaction Quota;

(ii) the timing and duration of any adjustment which it decides to make to the

Transaction Quota; and



Service Module

9

(iii) any interim arrangements which it agrees to make in relation to Customer’s

request.

Note: Interim arrangements under section 5.2(d)(iii) may include arrangements such as deactivating

the Transaction Manager so that it only notifies Customer when the Transaction Quota is exceeded

(without deprioritising any subsequent Monitored Transactions) for a limited period until nbn adjusts

the Transaction Quota.

(e) If nbn decides to adjust a Transaction Quota temporarily, nbn may:

(i) monitor the volume of transactions submitted by Customer;

(ii) after giving notice to Customer, reinstate the original Transaction Quota if nbn

determines that the adjusted Transaction Quota:

(A) is not required or is not being used; or

(B) is causing, or is likely to cause, a detrimental impact to the nbn™

Infrastructure, the nbn™ Platform Interfacing Service or Other Customers;

and

(iii) in response to a Customer request, grant an extension to the duration of the

Transaction Quota adjustment in accordance with the processes in this section 5.2

(except that, notwithstanding the notice period in section 5.2(b)(ii), Customer

need only request any such extension 10 Business Days or more before the date

on which the Transaction Quota adjustment would otherwise expire).

5.3 Temporary unplanned Customer Transaction Manager deactivation request

(a) If Customer experiences an unexpected material increase in the volume of Monitored

Transactions which need to be submitted to the nbn™ Platform Interfacing Service,

Customer may request a temporary deactivation of the Transaction Manager for a period of

up to 3 months.

(b) To request a temporary deactivation of the Transaction Manager, Customer must:

(i) raise a Service Request in accordance with the WBA Operations Manual or discuss

the request at a Governance Meeting;

(ii) provide notice to nbn as early as possible upon becoming aware of a potential or

actual increase in Monitored Transactions;

(iii) provide nbn with a business justification for Customer’s request; and

(iv) actively investigate the cause of the material increase in Monitored Transactions

and keep nbn informed of the results of the investigations.

(c) nbn must determine, acting reasonably, whether to grant any request by Customer under

section 5.3(a) taking into account:

(i) all information provided to nbn by Customer that is relevant to Customer’s

request;

(ii) the potential impacts of deactivating the Transaction Manager for the nbn™

Infrastructure, the nbn™ Platform Interfacing Service and Other Customers; and

(iii) any other circumstances nbn considers are relevant to Customer’s request.

(d) nbn will notify Customer of the outcome of nbn’s determination under section 5.3(c) and,

depending on the outcome of its assessment, will confirm:



Service Module

10

(i) whether or not it will deactivate the Transaction Manager temporarily; and

(ii) the timing and duration of any period of deactivation of the Transaction Manager.

(e) If nbn decides to deactivate the Transaction Manager temporarily:

(i) Customer must continue to actively investigate the cause of the material increase

in Monitored Transactions and keep nbn informed of the results of the

investigations;

(ii) nbn will continue to notify Customer when the Transaction Quota is exceeded, but

will not deprioritise Monitored Transactions;

(iii) nbn may monitor the volume of transactions submitted by Customer and, after

giving notice to Customer, reinstate the original operation of the Transaction

Manager if nbn determines that the deactivation is:

(A) not required; or

(B) causing, or is likely to cause, a detrimental impact to the nbn™

Infrastructure, the nbn™ Platform Interfacing Service or Other Customers;

and

(iv) Customer may lodge a new request in accordance with the processes in this

section 5.3 for an extension to the period of the Transaction Manager deactivation

and nbn will determine whether or not to grant such a request.

Service Levels Schedule nbn™ Platform Interfacing Service Module




SFAA - Wholesale Broadband Agreement – Service Levels Schedule - nbn™ Platform Interfacing

Service Module

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Service Levels Schedule nbn™ Platform Interfacing Service Module




Copyright






Disclaimer







developments.

Environment


Introduction


Service Module

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Introduction

This document sets out the Performance Objectives that nbn will aim to achieve in relation to the


Failure to achieve a Performance Objective may give rise to consequences, such as an obligation

on nbn to take Corrective Action.

This document also includes Operational Targets which are aspirational and do not give rise to

Corrective Action.

This document forms part of the nbn™ Platform Interfacing Service Module.

Roadmap


Part A: Performance Objectives

Part A describes nbn's Performance Objectives. While not achieving a Performance Objective is not

a breach of this Agreement, nbn may be required to take Corrective Action under Part C if it does

not meet a Performance Objective.

Part A: Performance Objectives Page

1 nbn™ Platform Interfacing Service availability 5

Part B: Operational Targets

Part B contains nbn's aspirational Operational Targets, which may be developed into Performance

Objectives in the future. These Operational Targets are non-binding.

Part B: Operational Targets Page

2 Operational Targets 7

Part C: Measurement and Corrective Action

Part C sets out nbn's measurement, monitoring and reporting obligations and the mechanics

involved in Corrective Action if nbn does not meet a Performance Objective.

Part C: Measurement and Corrective Action Page

3 Measurement 8

4 Corrective Action 8

Roadmap


Service Module

4 4

Part D: Interpretation and Exclusions

Part D contains the rules of interpretation and exclusions which apply to this Service Levels

Schedule for the nbn™ Platform Interfacing Service.

Part D: Interpretation and Exclusions Page

5 Interpretation 10

6 Exclusions 10



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Section 1 sets out the Performance Objectives that nbn offers for nbn™ Platform Interfacing

Service availability and nbn™ Service Portal availability. See section 5 for rules of interpretation

that apply to this Performance Objective.

1. nbn™ Platform Interfacing Service availability

1.1 Performance Objectives for nbn™ Platform Interfacing Service availability

(a) nbn will aim to achieve the following Performance Objectives for availability of the nbn™

Platform Interfacing Service in respect of Key Business Transactions for nbn™ Ethernet

(Fibre), nbn™ Ethernet (FTTB), nbn™ Ethernet (FTTN), nbn™ Ethernet (HFC), nbn™

Ethernet (Wireless) and nbn™ Ethernet (Satellite):

Description Performance Objective (availability in each 90 day period)

Address Enquiry 99.00%

Single Site Qualification Enquiry 99.00%

Appointment availability enquiry 99.00%

Order Feasibility Check 99.00%

Order lodgement (submission received to Acknowledgement sent)

99.00%

Service Restoration Trouble Ticket (submission received to Acknowledgement sent)

99.00%

(b) Each of the Performance Objectives in section 1.1(a) will be measured based on the

availability of the nbn™ Platform Interfacing Service to all nbn customers to perform the

relevant Key Business Transaction in each 90 day period referred to in section 3.3(a).

1.2 Measuring nbn™ Platform Interfacing Service Performance Objectives

For the purposes of measuring each Performance Objective set out in section 1.1(a), “availability”

is calculated as follows:

(Measurement Period – Unavailable Time) x 100

Measurement Period

Where, for the purposes of this section 1.2:

Measurement Period means the aggregate of the total number of minutes which nbn

has agreed to supply the nbn™ Platform Interfacing Service to all nbn customers during

each 90 day period referred to in section 3.3(a).

Unavailable Time means:

(i) the sum of all Unavailable Periods in the Measurement Period; less

(ii) any time during those Unavailable Periods when:



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(A) the nbn™ Platform Interfacing Service is non-operational in respect of the

Key Business Transaction due to any event or matter excluded under

section 6; or

(B) a Planned Outage has been implemented.

Unavailable Period means, in respect of a Key Business Transaction Performance

Objective, each period:

(i) beginning when the nbn™ Platform Interfacing Service fails to respond to any two

consecutive transactions submitted by any nbn customer(s); and

(ii) ending when the nbn™ Platform Interfacing Service responds to a transaction

submitted by any nbn customer.

1.3 Performance Objective for nbn™ Service Portal availability

(a) nbn will aim to achieve a Performance Objective of 99.00% availability for the nbn™

Service Portal in each 90 day period.

(b) The Performance Objective in section 1.3(a) will be measured based on the availability of

the nbn™ Service Portal to all nbn customers in each 90 day period referred to in section

3.3(a).

1.4 Measuring nbn™ Service Portal availability

For the purposes of measuring the Performance Objective set out in section 1.3(a), “availability” is

calculated as follows:

(Measurement Period – Unavailable Time) x 100

Measurement Period

Where, for the purposes of this section 1.4:

Measurement Period means the aggregate of the total number of minutes which nbn

has agreed to supply the nbn™ Service Portal to all nbn customers during each 90 day

period referred to in section 3.3(a).

Unavailable Time means:

(i) the sum of all Unavailable Periods in the Measurement Period; less

(ii) any time during those Unavailable Periods when:

(A) the nbn™ Service Portal is non-operational due to any event or matter

excluded under section 6; or

(B) a Planned Outage has been implemented.

Unavailable Period means each period:

(i) beginning when any nbn customer is unable to access the nbn™ Service Portal

using valid login details; and

(ii) ending when any nbn customer is able to access the nbn™ Service Portal.



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This section 2 sets out the Operational Targets that nbn has set in relation to B2B Access response

times.

2. Operational Targets

The Operational Targets are non-binding and aspirational. They may be developed into

Performance Objectives in the future.

2.1 B2B Access response times

nbn’s Operational Targets for B2B Access business transaction response times between ingress

and egress from the nbn™ B2B Gateway are:

Transaction description Operational Target

Average 95% Percentile

Address Enquiry 3 seconds 6 seconds

Single Site Qualification Enquiry 5 seconds 10 seconds

Appointment availability enquiry 5 seconds 10 seconds

Appointment reservation 5 seconds 10 seconds

Order Feasibility Check Feasible 5 seconds 10 seconds

Feasible – Appointment Required

7 seconds 13 seconds

Feasible - Delayed 7 seconds 14 seconds

Order lodgement (submission received to Acknowledgement sent)


Service Restoration Trouble Ticket lodgement (submission received to Acknowledgement sent)


Service Restoration Trouble Ticket lodgement (Acknowledgement sent to Rejection sent)


2.2 Measurement of Operational Targets

Operational Targets related to the performance of the nbn™ Platform Interfacing Service do not

apply for the period and to the extent that nbn has deprioritised the processing of, and response

to, Monitored Transactions in accordance with the Service Description for the nbn™ Platform

Interfacing Service.



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3. Measurement

3.1 Measurement and monitoring

nbn will measure and monitor its performance, and produce reports based on that information, in

relation to nbn™ Platform Interfacing Service availability and the Operational Targets for B2B

Access (Performance Reports).

3.2 Information accuracy

(a) Performance Reports and any measurement and monitoring information produced by nbn

are the Confidential Information of nbn.

(b) nbn will:

(i) use its reasonable endeavours to:

(A) ensure that the Performance Reports generated by the measurement and

monitoring tools are accurate (including by correcting any inaccuracies);

and

(B) notify Customer within 10 Business Days of becoming aware of any

inaccuracy; and

(ii) engage an independent auditor to review the general accuracy of its measurement

and monitoring tools at least once during the Term and notify Customer of the

outcome of that review.

3.3 Reporting

(a) nbn will provide a Performance Report to Customer on or about 20 Business Days after the

end of each month in relation to nbn’s compliance with the Performance Objectives and

Operational Targets in this Service Levels Schedule for the nbn™ Platform Interfacing

Service for the 90 day period ending at the end of the relevant month.

(b) nbn may, from time to time, include additional information about nbn™ Platform

Interfacing Service availability or Operational Targets for B2B Access in its Performance

Reports as nbn’s measurement and monitoring tools are developed.

3.4 Data Enquiries

(a) Customer may, acting reasonably, make a Data Enquiry (via nbn’s Relationship Points of

Contact) within 6 months after the end of the period to which the Performance Report

applies.

(b) nbn must use reasonable endeavours to respond to a Data Enquiry within 10 Business

Days after receipt of the Data Enquiry (or such longer period agreed by the parties, acting

reasonably).

4. Corrective Action

4.1 Corrective Action

(a) Subject to section 4.2, if nbn does not achieve a Performance Objective, nbn will:



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(i) inform Customer of the reasons for that non-achievement;

(ii) provide Customer with a corrective action plan that sets out the relevant Corrective

Action that nbn will undertake to address the non-achievement;

(iii) undertake the relevant Corrective Action; and

(iv) notify Customer as soon as reasonably practicable after Corrective Action is taken

by nbn.

(b) nbn will:

(i) take each action in section 4.1(a) as soon as reasonably practicable following the

identification of the non-achievement of a Performance Objective by nbn; and

(ii) provide a corrective action plan under section 4.1(a)(ii) by or before the time that

nbn provides a corresponding Performance Report to Customer under section 3.3.

4.2 Conditions

nbn is not required to provide the information set out above or undertake any Corrective Action in

a measurement period if nbn has already provided information or performed, or is in the process

of performing, Corrective Action in relation to an earlier event with the same cause as the

subsequent event.



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5. Interpretation

5.1 Service Levels apply in Operational Hours

(a) All references to time in this Service Levels Schedule for the nbn™ Platform Interfacing

Service are calculated by reference to Operational Hours.

(b) Operational Hours are 24 hours a day, seven days a week.

5.2 Pro Rata measurement

If this Agreement is executed, terminated or expires part way through a measurement period, the

measurement of nbn’s performance under this Service Levels Schedule for the nbn™ Platform

Interfacing Service will be pro-rated to reflect that shorter period.

6. Exclusions

(a) The sole consequence of a failure of nbn to achieve a Performance Objective will be the

consequence (if any) specified in this Service Levels Schedule for the nbn™ Platform

Interfacing Service and a failure to achieve a Performance Objective will not be regarded

as a breach of the Agreement.

(b) A failure to meet the Operational Targets will not be regarded as a breach of the

Agreement.

(c) Performance Objectives and Operational Targets do not apply for the period and to the

extent that this Agreement provides that nbn does not have an obligation to perform in

accordance with the Performance Objectives or Operational Targets.

(d) Without limiting section 6(c), Performance Objectives and Operational Targets do not apply

for the period and to the extent that nbn’s ability to perform in accordance with the

Performance Objective or Operational Target is adversely affected by:

(i) inaccuracy, incompleteness, inadequacy in performance or unavailability of the

FNN/ULL Database;

(ii) inability of nbn or its Personnel to gain access to a location necessary to perform

works; or

(iii) an Excluded Event, a Customer Event or any matter, thing, event or circumstance

that is not within nbn's reasonable control.

Price List nbn™ Platform Interfacing Service Module




SFAA - Wholesale Broadband Agreement – Price List - nbn™ Platform Interfacing Service Module

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Price List nbn™ Platform Interfacing Service Module




Copyright






Disclaimer







developments.

Environment


Introduction


3 3

Introduction

This document sets out the Charges and other amounts payable in connection with the nbn™

Platform Interfacing Service.

Charges in this nbn™ Platform Interfacing Service Price List are non-recurring Charges. Non-

recurring Charges are payable only when certain activities or events occur.

Discounts, credits and rebates to any Charges in this nbn™ Platform Interfacing Service Price List

may be offered from time to time, as set out in the Discounts, Credits and Rebates List.

Certain provisions of this nbn™ Platform Interfacing Service Price List may be affected by the

terms of an SAU.


Roadmap


Part A: Non-recurring Charges

Part A sets out the non-recurring Charges which apply in connection with the nbn™ Platform


Part A: Non-recurring Charges Page

1 Non-recurring Charges 4



4 4


Section 1 sets out the non-recurring Charges which apply in connection with the nbn™ Platform


1. Non-recurring Charges

The non-recurring Charges which apply to specific activities in connection with the nbn™ Platform

Interfacing Service are:

Activity Charge per Activity

Site Qualification Enquiry $0.00

Service Terms nbn™ Platform Interfacing Service Module




SFAA - Wholesale Broadband Agreement – Service Terms - nbn™ Platform Interfacing Service

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Service Terms nbn™ Platform Interfacing Service Module




Copyright






Disclaimer







developments.

Environment


Introduction


Module

3

Introduction

These Service Terms for the nbn™ Platform Interfacing Service include:

provisions which are specific to nbn’s supply of the nbn™ Platform Interfacing Service, but

which are otherwise similar in nature to those in the Head Terms;

explanatory notes as a guide to provisions which have corresponding provisions in the

Head Terms; and

Special Terms, which take priority over other provisions in this Agreement (including the

Head Terms) and are subject to specific change management provisions in clause F4 of the

Head Terms.

The Service Terms for the nbn™ Platform Interfacing Service are generally arranged to replicate

the order of the Head Terms, with some modifications.

As an aid to the reader, this document includes the following icon, which is used to identify

provisions which are Special Terms.

This icon is used to identify provisions which are Special Terms.


Roadmap


Part A: Product Supply

Part A sets out nbn™ Platform Interfacing Service-specific Service Terms related to product

supply.

Part A: Product Supply Page

1 Conditions of Supply for B2B Access 5

2 Conditions of Supply for the nbn™ Service Portal 5

Part B: Financial Management

No nbn™ Platform Interfacing Service-specific Special Terms or Service Terms currently apply with

respect to financial management.

Part C: Operational Management

Part C sets out nbn™ Platform Interfacing Service-specific Service Terms related to operational

management.

Roadmap


Module

4

Part C: Operational Management Page

3 General obligations relating to nbn™ Platform-Related Software 7

4 NPIS Preventative Maintenance Outages 8

5 nbn™ Platform Workarounds 8

Part D: Information & Rights Management

Part D sets out nbn™ Platform Interfacing Service-specific Special Terms and Service Terms

related to information & rights management.

Part D: Information & Rights Management Page

6 Authorised Use and Security 10

7 Site Qualification Information and Order Feasibility Information 10

8 Third Party Address Data supplied by PSMA 11

9 Telstra Address Data 11

10 FNN/ULL Data 13

11 Service Transfers 18

12 Transition Advice Information 18

13 Non-Addressable Objects 19

Part E: Risk Management


respect to risk management.

Part F: Agreement Management


respect to agreement management.

Part G: Dispute Management


respect to dispute management.

Part H: General Terms

No Special Terms or Service Terms of a general nature apply with respect to the nbn™ Platform

Interfacing Service other than as set out in the Head Terms.

Part I: Service Management


respect to service management.



Module

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Sections 1-2 are Service Terms which should be read in conjunction with clause A2 of the Head

Terms and sections 2-3 of the Service Description for the nbn™ Platform Interfacing Service.

1. Conditions of Supply for B2B Access

(a) Customer’s platforms and systems must comply with the Collaboration Protocol

Agreement.

(b) Customer must:

(i) provide to nbn all information reasonably required and requested by nbn to create

the Collaboration Protocol Agreement and any digital certificates and security

protocols to be used in connection with B2B Access;

(ii) acquire, install, host, operate and maintain the Customer B2B Gateway and

integrate that gateway with Customer’s operation support systems and billing

support systems in accordance with the requirements of the B2B Specifications;

(iii) establish and maintain, at its cost, Internet and other connectivity between the

Customer B2B Gateway and the nbn™ B2B Gateway to facilitate B2B Access;

(iv) on request by nbn, use reasonable endeavours to make available to nbn,

Customer Personnel with subject matter expertise to support any root cause

analysis and incident resolution that may be performed by nbn in connection with

interoperability issues;

(v) manage digital certificates as Confidential Information of nbn; and

(vi) use all security protocols required in connection with B2B Access in accordance

with the requirements of the B2B Specifications.

2. Conditions of Supply for the nbn™ Service Portal

Customer must:

(a) ensure that each Delegated Administrator and each Authorised User agrees to, and

complies with, the nbn™ Service Portal Terms and Conditions;

(b) provide to nbn all information reasonably required and requested by nbn to implement

security protocols that are used in connection with the nbn™ Service Portal;

(c) on request by nbn, use reasonable endeavours to make available to nbn, Customer

Personnel who are subject matter experts to support any root cause analysis and incident

resolution that may be performed by nbn in connection with Customer's access to or use

of the nbn™ Service Portal; and

(d) acquire and maintain, at its cost, Internet connectivity to facilitate Customer’s access to

the nbn™ Service Portal.



Module

6


This document does not contain any Financial Management terms which are specific to the nbn™

Platform Interfacing Service and additional to Module B of the Head Terms.



Module

7


Section 3 is a Service Term which applies in connection with the nbn™ Platform Interfacing

Service.

3. General obligations relating to nbn™ Platform-Related

Software

(a) Customer must, in accordance with nbn’s instructions, install and implement any nbn™

Platform-Related Software (and any upgrades or updates released by nbn or its licensors)

provided by nbn as part of the nbn™ Platform Interfacing Service and successfully

complete all testing required by nbn.

(b) Customer must not:

(i) access or interfere with nbn’s core systems or the functionality of nbn’s core

systems (or attempt to do so);

(ii) change or otherwise interfere with the nbn™ Platform, the nbn™ Platform

Interfacing Service or the nbn™ Platform-Related Software (except in the ordinary

course of using or configuring the nbn™ Platform Interfacing Service or the nbn™

Platform-Related Software in accordance with the Service Description for the nbn™

Platform Interfacing Service and these Service Terms for the nbn™ Platform

Interfacing Service);

(iii) copy, or attempt to copy, any part of the nbn™ Platform Interfacing Service or the

nbn™ Platform-Related Software (or any of the data accessible through the nbn™

Platform Interfacing Service or the nbn™ Platform-Related Software), except for:

(A) copying:

(1) business-to-business messages generated or transmitted by, on or

through the nbn™ Platform Interfacing Service as a result of the

performance of Key Business Transactions;

(2) operational information made available by nbn to Customer

through the nbn™ Service Portal and relating specifically to the

performance of Key Business Transactions;

(3) any nbn™ Platform-Related Software for testing purposes

approved by nbn in writing; or

(4) any nbn™ Platform-Related Software that may be inherent in the

design of the normal operation of that software; or

(B) making a single copy of any nbn™ Platform-Related Software for back-up

purposes; or

(iv) reverse engineer, decompile or access the source code of the nbn™ Platform

Interfacing Service, the nbn™ Platform-Related Software or nbn’s core systems or

the functionality of nbn’s core systems, or attempt to do so.



Module

8

(c) Customer must not, and must procure its Downstream Service Providers and Contracted

End Users do not, perform any:

(A) data mining or similar activities on or through the use of the nbn™

Platform Interfacing Service or the nbn™ Platform-Related Software; or

(B) activity with respect to the FNN/ULL Data which is not consistent with the

terms of section 10 this document.

Section 4 is a Service Term which applies in connection with the nbn™ Platform Interfacing

Service and should be read in conjunction with clause C15 of the Head Terms.

4. NPIS Preventative Maintenance Outages

(a) In accordance with the WBA Operations Manual, nbn may implement a Planned Outage in

respect of the nbn™ Platform Interfacing Service (an NPIS Preventative Maintenance

Outage) if nbn considers the Planned Outage is necessary to address any of the following

matters:

(i) a security risk or a potential security risk to any part of the nbn™ Infrastructure;

(ii) a Non-Trivial NPIS Fault which impacts Customer or the nbn™ Platform Interfacing

Service being non-Operational; or

(iii) a circumstance which nbn anticipates will, within 3 Business Days, result in a Non-

Trivial NPIS Fault which impacts Customer or the nbn™ Platform Interfacing

Service being non-Operational.

(b) In this section 4, Non-Trivial NPIS Fault means a Service Fault that affects the nbn™

Platform Interfacing Service in a manner that nbn, acting reasonably, considers is not

trivial.

(c) Clause C15.1(c) of the Head Terms does not apply in respect of NPIS Preventative

Maintenance Outages.

Section 5 is a Service Term which sets out the procedure nbn will adopt when the nbn™ Platform

Interfacing Service is not Operational.

5. nbn™ Platform Workarounds

5.1 Consequences of nbn™ Platform Interfacing Service not being Operational

(a) If nbn determines at any time that any part of the nbn™ Platform Interfacing Service is

not Operational, nbn:

(i) will:

(A) notify Customer as soon as practicable;

(B) where reasonably practicable to do so, consult with, and consider any

feedback given by, Customer in relation to any workarounds that nbn

proposes to implement during the period that an affected part of the nbn™

Platform Interfacing Service is not Operational;

(C) use reasonable endeavours to:



Module

9

(1) ensure that any proposed workarounds are consistent with the

processes set out in this Agreement; and

(2) minimise any adverse impact of the proposed workaround on

Customer; and

(D) notify Customer of any workarounds (nbn™ Platform Workarounds) that

nbn will implement during the period that an affected part of the nbn™

Platform Interfacing Service is not Operational; and

(ii) may suspend Customer’s use of the nbn™ Platform Interfacing Service or part

thereof.

(b) Customer must comply with nbn™ Platform Workarounds.

5.2 Reinstatement of nbn™ Platform Interfacing Service

(a) nbn will make a determination that the nbn™ Platform Interfacing Service is Operational

as soon as nbn considers that it is Operational. As soon as is reasonably practicable after

making that determination, nbn will:

(i) notify Customer; and

(ii) reinstate Customer’s use of the nbn™ Platform Interfacing Service.

(b) Any relevant nbn™ Platform Workarounds will immediately cease to have effect on and

from the time specified in the notice given by nbn that the nbn™ Platform Interfacing

Service is Operational, except that nbn may continue to process in-progress orders in

accordance with the nbn™ Platform Workarounds.

Note: The processes in this section 5 apply in addition to any Service Fault processes in respect of the nbn™

Platform Interfacing Service. Either or both may apply in respect of a single event or series of events.



Module

10


Sections 6-10 are Service Terms which should be read in conjunction with clause D1 of the Head

Terms.

6. Authorised Use and Security

(a) Customer must keep secure and confidential, and protect from unauthorised use, any

usernames, passwords and digital certificates provided to or used by Customer in

connection with the nbn™ Platform Interfacing Service or the nbn™ Platform-Related

Software (all of which are the Confidential Information of nbn).

(b) Customer is responsible for any and all use of the nbn™ Platform Interfacing Service and

the nbn™ Platform-Related Software by its authorised users or other third parties acting

on behalf of Customer.

7. Site Qualification Information and Order Feasibility

Information

(a) Customer:

(i) must only submit an Enhanced Site Qualification Enquiry where it has Customer

Authority; and

(ii) confirms, by submitting an Enhanced Site Qualification Enquiry, that it has a

Customer Authority applicable to the Premises or other location that is the subject

of the Enhanced Site Qualification Enquiry.

(b) nbn is not obliged to progress any Enhanced Site Qualification Enquiry if:

(i) for an Enhanced Site Qualification Enquiry relating to a prospective Transition

Order, Customer has not provided at least one of a Customer Authority Date, FNN

or ULL ID;

(ii) for an Enhanced Site Qualification Enquiry relating to a prospective Service

Transfer Order, Customer has not provided a Customer Authority Date; or

(iii) for any Enhanced Site Qualification Enquiry, nbn has reasonable grounds to

believe that a Customer Authority has not been obtained,

that is applicable to the relevant service, Premises or other location that is the subject of

the Enhanced Site Qualification Enquiry.

(c) Subject to section 10, Customer must not disclose Site Qualification Information or Order

Feasibility Information to any third party, except where the third party is:

(i) a current or prospective Contracted End User in respect of whom the Site

Qualification Information or Order Feasibility Information applies;

(ii) a Downstream Service Provider or Specified Utility engaging in a related Specified

Activity; or



Module

11

(iii) Customer Personnel,

and such disclosure is made in accordance with clause D1 of the Head Terms.

(d) Clauses D1.2(b) and D1.2(d) of the Head Terms do not apply in respect of Site

Qualification Information or Order Feasibility Information to the extent there is any

inconsistency between those clauses and this section 7.

8. Third Party Address Data supplied by PSMA

(a) Site Qualification Information and Order Feasibility Information may each contain Third

Party Address Data supplied by PSMA. Third Party Address Data supplied by PSMA is the

Confidential Information of nbn, and is licensed to nbn by PSMA.

(b) nbn grants Customer a non-exclusive, royalty-free, non-transferable licence for the Term

to use, modify and reproduce Third Party Address Data supplied by PSMA internally within

Customer's business, solely to the extent required for Customer (directly or through its

Personnel) to supply, market and promote Customer Products.

(c) Customer must prominently display an acknowledgement of PSMA’s ownership of Third

Party Address Data supplied by PSMA on any copy or reproduction of it.

(d) Customer must not:

(i) disclose Third Party Address Data supplied by PSMA to any third party except in

accordance with clauses D1.2(d)(i) or D1.2(d)(vii) of the Head Terms; or

(ii) make any changes to any spatial co-ordinates contained in the Third Party Address

Data supplied by PSMA.

(e) nbn may, if it becomes aware of or suspects that Customer's conduct, or that of its

Personnel, with respect to Third Party Address Data supplied by PSMA is in breach of this

Agreement or would cause nbn to be in breach of the terms on which it licenses Third

Party Address Data, take any reasonable remedial action to prevent such breaches,

including suspending access to or use of Third Party Address Data supplied by PSMA.

(f) Sections 8(c) to 8(e) above will have no force or effect unless nbn notifies Customer in

writing, in which case sections 8(c) to 8(e) will take effect on and from the date specified

in the notice by nbn.

(g) Clauses D1.2(b) to D1.2(d) (other than clauses D1.2(d)(i) and D1.2(d)(vii)) of the Head

Terms do not apply in respect of Third Party Address Data supplied by PSMA.

9. Telstra Address Data

(a) Site Qualification Information and Order Feasibility Information may each contain Telstra

Address Data. Telstra Address Data is the Confidential Information of nbn, and is provided

to nbn by Telstra.


to use, modify and reproduce Telstra Address Data internally within Customer's business,

solely to the extent required for Customer (directly or through its Personnel) to supply,

market and promote Customer Products.



Module

12

(c) In addition to the obligations and limitations in clause D1 of the Head Terms, Customer

must not do any of the following things with respect to Telstra Address Data:

(i) use or disclose Telstra Address Data to carry on or be involved in any digital

mapping business in Australia or publish or make available any addressing index or

similar product in Australia;

(ii) disclose Telstra Address Data to any entity or person who carries on or is involved

in any digital mapping business in Australia or who collates or makes available any

addressing index or similar product in Australia, for the purpose of or for inclusion

in any digital mapping product, addressing index or similar product; or

(iii) use or disclose Telstra Address Data in breach of the security requirements of a

Government Agency engaged in national security or critical infrastructure

protection or in breach of requirements otherwise imposed on nbn or Telstra by

law, in each case, as notified by nbn to Customer.

(d) nbn may, if it becomes aware of or reasonably suspects that Customer's conduct (or that

of its Personnel), with respect to Telstra Address Data:

(i) is in breach of this Agreement; or

(ii) would cause nbn to be in breach of the terms on which it licenses Telstra Address

Data,

take any reasonable remedial action to prevent such breaches, including suspending

access to or use of Telstra Address Data, provided that at, or as soon as feasible after, the

time nbn takes any such remedial action, nbn provides Customer with written notice

setting out:

(iii) subject to any applicable confidentiality requirements, nbn’s reasons for exercising

its rights under this section 9(d); and

(iv) the actions (if any) Customer could take to remedy, prevent or mitigate the

relevant circumstances giving rise to the imposition of such remedial action.

(e) When any conduct by Customer or any of its Personnel of the nature described in section

9(d) has been addressed to nbn’s reasonable satisfaction, nbn will, as soon as reasonably

practicable, take all steps that are reasonably practicable to:

(i) subject to section 9(e)(ii), reinstate Customer's right to access, use and disclose

the Telstra Address Data; and

(ii) where necessary, seek reinstatement of nbn’s right to access, use and disclose the

Telstra Address Data and/or nbn’s contractual rights to pass on those rights of

access, use and disclosure to Customer.

(f) nbn will consult with Customer before taking any remedial action under section 9(d),

where it is reasonably practicable for nbn to do so.

(g) Clauses D1.2(b) to D1.2(d) of the Head Terms do not apply in respect of Telstra Address

Data to the extent there is any inconsistency between those clauses and this section 9.



Module

13

10. FNN/ULL Data

(a) Site Qualification Information and Order Feasibility Information may each contain FNN/ULL

Data. Customer acknowledges that:

(i) FNN/ULL Data contains third party data and, for the purposes of this Agreement, is

the Confidential Information of nbn;

(ii) the access to, use and disclosure of FNN/ULL Data is restricted in accordance with

this section 10; and

(iii) nbn’s ability to give access to FNN/ULL Data, and nbn’s obligations under this

Agreement in respect of FNN/ULL Data, are dependent on and subject to nbn

having (and continuing to have) contractual rights of access to and use of the

FNN/ULL Database and to nbn’s rights under contract and at law to permit access

and use of FNN/ULL Data to Customer.


to use FNN/ULL Data on a per transaction basis:

(i) from an Enhanced Site Qualification Enquiry, solely for a purpose or use connected

with an order placed or anticipated to be placed by Customer (directly or through

its Personnel) under this Agreement for the prospective supply by nbn of a Product

to Customer in relation to the current or prospective Contracted End User who has

provided a Customer Authority (directly or indirectly) to Customer that is

applicable to the Premises or other location that is the subject of the Enhanced Site

Qualification Enquiry; and

(ii) from a Site Qualification Enquiry that is not an Enhanced Site Qualification Enquiry,

for a purpose or use connected with the supply or prospective supply by Customer

of a Customer Product by means of the nbn™ FTTB Network or nbn™ FTTN

Network.

(c) Customer may sub-license the rights granted to it under section 10(b) to any Downstream

Service Provider undertaking the activities described in sections 10(b)(i) or 10(b)(ii) as

applicable (sub-licensee), provided that:

(i) any sub-licence to such Downstream Service Provider is limited solely to the extent

required for such Downstream Service Providers to use FNN/ULL Data for the

purposes specified in sections 10(b)(i) and 10(b)(ii) (with the right to further sub-

licence solely to the extent necessary to enable any further Downstream Service

Provider that is undertaking the activities described in sections 10(b)(i) and

10(b)(ii) to use the FNN/ULL Data for such purposes);

(ii) Customer remains liable for each act and/or omission of all sub-licensees in

connection with the exercise of such sub-licence as though it were an act and/or

omission of Customer; and

(iii) Customer procures that sub-licensees are subject to the same binding obligations

as Customer under this section 10.

(d) The licence granted in section 10(b) and the right to sub-licence conferred by section 10(c)

does not include the right to, and Customer must not and must procure that its

Downstream Service Providers do not:



Module

14

(i) use FNN/ULL Data for marketing purposes;

(ii) use or retain (including by way of caching) FNN/ULL Data for the purpose of

creating a database of FNN/ULL Data to be used by Customer or any other person,

except in order to:

(A) retain FNN/ULL Data to the extent required by law; and/or

(B) use and retain the FNN/ULL Data solely for the purposes permitted by the

licence granted in section 10(b)(i) and the sub-licence in 10(c)(i) (to the

extent that sub-licence is applicable to section 10(b)(i)).

(e) Customer must not, and must procure that its Downstream Service Providers do not,

disclose FNN/ULL Data to any third party except in the case of:

(i) an Enhanced Site Qualification Enquiry:

(A) the relevant Line Status to a current or prospective Contracted End User

who has provided a Customer Authority applicable to the Premises or other

location that is the subject of an Enhanced Site Qualification Enquiry;

(B) a Downstream Service Provider that is undertaking the activities described

in section 10(b)(i) only; and/or

(C) in connection with Customer or Downstream Service Provider’s use of the

FNN/ULL Provider ID, to contact the Carrier or Carriage Service Provider

identified by the FNN/ULL Provider ID consistently with the Connect

Outstanding Code prior to submitting a Connect Outstanding Transition

Order;

(ii) a Site Qualification Enquiry that is not an Enhanced Site Qualification Enquiry:

(A) the relevant Line Status to a current or prospective Contracted End User;

and/or

(B) a Downstream Service Provider that is undertaking the activities described

in sections 10(b)(i) and 10(b)(ii),

and such disclosure is made in accordance with clause D1 of the Head Terms and only for

the limited purpose set out in sections 10(b) or 10(c) (as the case may be).

(f) nbn may, acting reasonably, at any time request information from Customer concerning

Customer’s compliance with this Agreement with regard to the access, use and disclosure

of FNN/ULL Data (including Customer’s compliance with section 10(d)), and Customer

must provide such information within 10 Business Days, or such longer period as may be

agreed by nbn (during which period the parties will consult concerning nbn’s reasons for

making the information request and the nature of Customer’s response to the information

request).

(g) If nbn, acting reasonably:

(i) is not satisfied that Customer is fully complying with this Agreement with regard to

the access, use and disclosure of FNN/ULL Data (including section 10(d)) after

considering Customer’s response to the request for information or the results of

any consultation conducted under section 10(f); or



Module

15

(ii) considers that Customer has not responded or consulted adequately with nbn

under section 10(f),

Customer must, at its cost:

(iii) on at least 10 Business Days’ notice, allow nbn or any person authorised by nbn

to inspect any relevant premises, systems, networks, documents, records, or

processes to the extent necessary for nbn to, acting reasonably, audit whether the

Customer has complied with this Agreement with regard to the access, use and

disclosure of FNN/ULL Data (including section 10(d)); and

(iv) cooperate, and procure that its Personnel are available and cooperate, with nbn to

assist nbn with any audit under this section 10(g).

(h) Customer must maintain records that are sufficient to enable nbn to determine whether

the Customer has complied with this Agreement in relation to the access, use and

disclosure of, FNN/ULL Data (including section 10(d)), and retain those records for a

minimum of 6 years.

(i) nbn must act reasonably with respect to the frequency of information requests under

section 10(f) and audits conducted under section 10(g).

(j) nbn will, if requested by Customer, procure that any person authorised by nbn to conduct

an audit under section 10(g):

(i) complies with Customer’s reasonable security procedures; and

(ii) prior to conducting any audit, executes a confidentiality undertaking in a form

reasonably required by Customer.

(k) If Customer becomes aware of or suspects that Customer's conduct, or that of its

Personnel, or of its Downstream Service Providers or their Personnel, is, or would be, in

breach of this Agreement with respect to FNN/ULL Data, Customer must:

(i) promptly notify nbn in writing, giving full details;

(ii) take all steps reasonably necessary to minimise and mitigate any Loss to nbn and

to preserve the confidentiality of the FNN/ULL Data; and

(iii) cooperate, and procure that its Downstream Service Providers and Contracted End

Users cooperate, with nbn to take all steps reasonably necessary to minimise and

mitigate any Loss to nbn and to preserve the confidentiality of the FNN/ULL Data.

(l) nbn may, if it becomes aware of or reasonably suspects that:

(i) the access, use or disclosure of FNN/ULL Data pursuant to this section 10 is not

permitted under contract or law; or

(ii) Customer's conduct (or that of its Personnel, Downstream Service Providers or

their Personnel) with respect to FNN/ULL Data:

(A) is in breach of this Agreement; or

(B) would cause nbn to be in breach of the terms on which it is permitted to

provide Customers with access to FNN/ULL Data or any law,



Module

16

take any reasonable remedial action to prevent or mitigate such breaches (including

suspending Customer’s access to or use of the Site Qualification System, Site Qualification

Information, Enhanced Site Qualification Enquiries and/or FNN/ULL Data), provided that at,

or as soon as feasible after, the time nbn takes any such remedial action, nbn provides

Customer with written notice setting out:

(iii) subject to any applicable confidentiality requirements, nbn’s reasons for exercising

its rights under this section 10(l); and

(iv) the actions (if any) Customer could take to remedy, prevent or mitigate the

relevant circumstances giving rise to the imposition of such remedial action.

(m) When any conduct by Customer, Downstream Service Provider or any of their respective

Personnel of the nature described in sections 10(k) or 10(l) has been addressed to nbn’s

reasonable satisfaction, nbn will, as soon as reasonably practicable, take all steps that are

reasonably practicable to:

(i) subject to section 10(m)(ii), reinstate Customer's right to access, use and disclose

the FNN/ULL Data; and

(ii) where necessary, seek reinstatement of nbn’s right to access, use and disclose the

FNN/ULL Data and/or nbn’s contractual rights to pass on those rights of access,

use and disclosure to Customer.

(n) nbn will consult with Customer before taking any remedial action under section 10(l),

where it is reasonably practicable for nbn to do so.

(o) Access by Customer to FNN/ULL Data may be suspended from time to time:

(i) for planned or unplanned maintenance, update or upgrade works to the FNN/ULL

Database; or

(ii) as a result of a suspension of nbn’s right to access and use the FNN/ULL Data,

and/or nbn’s contractual rights to pass on those rights of access and use to

Customer,

in which case nbn will provide Customer notice of such suspension as soon as is feasible in

the circumstances and, if feasible, before the start of the suspension of access.

(p) If nbn’s rights of access to, or use of, or obligations in respect of, FNN/ULL Data under

contract or law are varied or terminated for any reason, then one or more of the following

will apply, as notified by nbn to Customer:

(i) if nbn is unable to provide or continue to provide the FNN/ULL Data on terms that

are reasonably acceptable to nbn, that variation or termination will constitute a

Force Majeure Event;

(ii) nbn may vary or terminate supply of FNN/ULL Data to Customer; and

(iii) Customer must comply with nbn’s directions relating to Customer’s access to

FNN/ULL Data.

(q) nbn:

(i) makes no warranty as to the accuracy, completeness or fitness for purpose of the

FNN/ULL Data; and



Module

17

(ii) to the maximum extent permitted by law, is not liable for any Loss suffered by any

person using, disclosing or acting on the FNN/ULL Data whether the Loss arises in

relation to, in connection with or as a result of any negligence, default or lack of

care on the part of nbn or any of its representatives, or from any

misrepresentation or any other cause.

(r) Customer:

(i) unconditionally and irrevocably releases nbn, Telstra and their representatives

from any liability which (notwithstanding the disclaimer in section 10(q)) may

arise, whether directly or indirectly; and

(ii) must not, and must impose as a condition of the sub-licence described in section

10(c), that each Downstream Service Provider agrees not to, bring any claim

against nbn, Telstra or their representatives,

in relation to, in connection with, or as a result of the use of the FNN/ULL Data or any

reliance placed by any person on any FNN/ULL Data or the non-disclosure of any

information regardless of its form, including any liability resulting from any negligence,

default or lack of care on the part of nbn, Telstra or any of their representatives, or from

any misrepresentation or any other cause.

(s) Customer irrevocably consents, and must procure the irrevocable consent of its relevant

Related Bodies Corporate, Downstream Service Providers and their Related Bodies

Corporate (together the “consenting party”):

(i) to:

(A) nbn disclosing to Telstra or an Other Customer (and permitting the Other

Customer to disclose to their Related Bodies Corporate or their downstream

customers); and

(B) Telstra disclosing to (directly or indirectly) any third party (including nbn,

and Telstra’s Related Bodies Corporate, customers and their downstream

service providers and Related Bodies Corporate),

the consenting party’s EPID Code and any relevant ULL ID or other information

relating to the consenting party’s personal particulars or affairs, or carriage

services supplied or intended to be supplied to another person by the consenting

party relevant to the actual or prospective supply by nbn of a Product to

Customer, Downstream Service Providers or their Related Bodies Corporate or

services to an Other Customer or their downstream service providers or their

Related Bodies Corporate under an Other Wholesale Broadband Agreement; and

(ii) to nbn or an FTTB/FTTN Installer carrying out any FTTB/FTTN Installation Activity

necessary to supply the relevant service to Customer, its relevant Related Bodies

Corporate, Downstream Service Providers, their Related Bodies Corporate or any

Other Customer.

(t) The consents given under section 10(s) survive the termination or expiry of this

Agreement.

(u) Clauses D1.2(b) and D1.2(d) of the Head Terms do not apply in respect of FNN/ULL Data

to the extent there is any inconsistency between those clauses and this section 10.



Module

18

Section 11 is a Service Term which applies to the nbn™ Platform Interfacing Service.

11. Service Transfers

(a) Customer authorises nbn to disclose the identity (including the EPID Code) of Customer

to:

(i) where Customer is the Gaining Customer, the Other Losing Customer to the extent

necessary to effect a Service Transfer; or

(ii) where Customer is the Losing Customer, the Other Gaining Customer to the extent

necessary to effect a service transfer order under an Other Wholesale Broadband

Agreement.

(b) Where Customer is the Losing Customer, Customer authorises, and must ensure the

authority of its Downstream Service Providers for, nbn to cause the relevant service

transfer to occur including disconnecting or otherwise ceasing to supply the relevant

Ordered Product which is the subject of the service transfer order placed by the Other

Gaining Customer.

(c) Nothing in this section 11 limits any rights Customer may have against the Other Gaining

Customer or Other Losing Customer (as the case may be).

(d) If Customer submits a Service Transfer Order for a Same Port Transfer, it must have a

Customer Authority that is not more than 45 days old before the date of submission.

Section 12 is a Special Term which applies in connection with the nbn™ Platform


12. Transition Advice Information

12.1 Transition Advice Information disclosure

If Customer:

(a) orders nbn™ Ethernet (FTTB) or nbn™ Ethernet (FTTN);

(b) requests a Voiceband Reinstatement; or

(c) requests a Transition Reversal,

in respect of a Premises, Customer consents to Transition Advice Information being disclosed by:

(d) nbn to Telstra; and

(e) nbn and Telstra to any third party (including an Other Customer),

for the purposes of effecting the temporary or permanent disconnection, or the reinstatement, of

any Voiceband Service and any Non-Voiceband Service supplied to that Premises.

12.2 Additional Customer information disclosure

nbn may disclose Customer’s identity to Telstra for the purposes of notifying Telstra that

Customer may order nbn™ Ethernet (FTTB) or nbn™ Ethernet (FTTN) in respect of a Premises.



Module

19

Section 13 is a Service Term which applies to the nbn™ Platform Interfacing Service and should

be read in conjunction with clause D1.5 of the Head Terms.

13. Non-Addressable Objects

nbn does not make any representation or warranty about the completeness or accuracy of the

details of Non-Addressable Objects made available to Customer.



Module

20


This document does not contain any Risk Management terms which are specific to the nbn™

Platform Interfacing Service and additional to module E of the Head Terms.



Module

21


This document does not contain any Agreement Management terms which are specific to the

nbn™ Platform Interfacing Service and additional to module F of the Head Terms.



Module

22


This document does not contain any Dispute Management terms which are specific to the nbn™

Platform Interfacing Service and additional to module G of the Head Terms.



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This document does not contain any Special Terms or Service Terms of a general nature which

apply to the nbn™ Platform Interfacing Service and are additional to module H of the Head Terms.



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This document does not contain any Service Management terms which are specific to the nbn™

Platform Interfacing Service.

Fair Use Policy nbn™ Platform Interfacing Service Module




SFAA - Wholesale Broadband Agreement – Fair Use Policy - nbn™ Platform Interfacing Service

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Fair Use Policy nbn™ Platform Interfacing Service Module




Copyright






Disclaimer







developments.

Environment



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Introduction

The purpose of this nbn™ Platform Interfacing Service Fair Use Policy is to support the consistent

supply of relevant products to all nbn customers and ultimately to End Users, recognising that the

nbn™ Platform Interfacing Service is a shared resource and the activities of one person can

detrimentally affect the use of the nbn™ Platform Interfacing Service and the nbn™ Infrastructure

by another person.

This nbn™ Platform Interfacing Service Fair Use Policy:

applies to Customer’s use of the nbn™ Platform Interfacing Service ; and

is intended to avoid adverse impacts on the quality or reliability of the nbn™ Platform

Interfacing Service and the nbn™ Infrastructure by ensuring that Customer does not use,

or permit others to use, the nbn™ Platform Interfacing Service in an excessive or

unreasonable manner.

Non-compliance with this nbn™ Platform Interfacing Service Fair Use Policy may result in an

immediate Ordering Freeze, Service Reduction or Suspension in relation to the nbn™ Platform

Interfacing Service under clause F5 of the Head Terms.


1. Fair use of networks, systems, equipment or facilities

Section 1 sets out the meaning of Unfair Use and Customer obligations in relation to use of

networks, systems, equipment or facilities.

1.1 Customer obligations

Customer must not, and must ensure its Personnel do not, engage in Unfair Use.

1.2 Unfair Use

In this Fair Use Policy, Unfair Use means use of the nbn™ Platform Interfacing Service in a way

that creates a risk to:

(a) the integrity of the nbn™ Platform Interfacing Service and the nbn™ Infrastructure;

(b) the integrity of the network, systems, equipment or facilities of Customer or any Other

Customer used in connection with the nbn™ Network or at the National Test Facility;

(c) the quality of any product or service supplied by nbn to Customer or any Other Customer;

or

(d) the health or safety of any person.

Examples of conduct that may constitute Unfair Use include:

1. use of the nbn™ Platform Interfacing Service in a way that causes or may cause interference,

disruption, congestion or, more generally, sub-optimal network performance; and

2. undertaking (or attempting to undertake) any of the following activities without authorisation:

(a) disabling, disrupting or interfering with the regular working of any service or network,

including, without limitation, via means of overloading it, denial of service attacks,

flooding a network, stress testing or volume testing;


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(b) probing, scanning or testing the vulnerability of a system or network; or

(c) breaching the security or authentication measures for a service or network.

Documents

nbn™ Platform Interfacing Service Module nbn™ Platform Interfacing Service Module sets out the following terms and conditions which apply to nbn’s supply of the nbn™ Platform