Legal – New Era Technology AU04

Managed Services

The following Services are available under this Service Schedule, which shall be invoiced monthly:

• Hosted Server and Storage Infrastructure
• Fix Fee Help Desk Services and Support Services
• Software Subscription Licenced Services
• Proactive Server Monitoring
• Offsite Backup and Disaster Recovery Service

Communications / Internet Services

• As NEW ERA TECHNOLOGY is not an internet service provider, but a reseller of internet services, the service level agreement that NEW ERA TECHNOLOGY agrees to with the ISP (internet service provider) on the client’s behalf are available on request or from the respective ISP.
• Internet services sold by NEW ERA TECHNOLOGY are designed and engineered around business needs and being integrated into NEW ERA TECHNOLOGY ‘Minder’ Layer 2 (MPLS) network. To preserve the integrity and performance of the network, NEW ERA TECHNOLOGY reserves the right to restrict or limit internet activity that is either illegal in nature, or detrimental to the overall network performance.
• Any faults in the service may be actioned by either NEW ERA TECHNOLOGY or the ISP and if any charges are to be incurred, these will be discussed at the time of the fault identification cause.
• Data plans, whether limited or unlimited, will be noted on the item in the monthly invoice provided by NEW ERA TECHNOLOGY. In the event increases to the plan are required an NEW ERA TECHNOLOGY account manager will discuss any recommended changes.
• Reimbursements in relation to service outages are governed by the ISP and their respective service level agreements, but in general, if a significant outage is encountered and a deduction is being sought, NEW ERA TECHNOLOGY will contact the relevant ISP, upon the client’s request and any deductions will be passed on in full. Further information can be provided on request but it should be noted that reimbursements will be calculated as a percentage of total unavailable time in hours, (or part thereof) divided by 744 (hours in a month). This result will be calculated as a percentage of the individual communications / internet service that was effected and will be the amount reimbursed.
• If cancelling your service prior to the end of your contract term, early termination will be incurred. These are calculated by multiplying the number of outstanding contract months times the minimum monthly contract charge.

Hosted Server and Storage Infrastructure

NEW ERA TECHNOLOGY will provide Hosted Server and Storage Infrastructure Services if set out on a Monthly Service Invoice. NEW ERA TECHNOLOGY own and operate enterprise grade Cisco UCS Blade Servers and NetApp storage infrastructure that operates in a multi-tenant environment. In NEW ERA TECHNOLOGY providing Infrastructure hosting, NEW ERA TECHNOLOGY does not assume any ownership or rights to the operating system, applications or data being hosted as these are either owned or rented (under a software subscription licence. NEW ERA TECHNOLOGY provides the following Hosted Server and Storage Infrastructure Services:

• To provide the agreed hosted server infrastructure that will be itemised in the Monthly Service Invoice.
• The hosted server and storage infrastructure will be located in the primary Vocus Data centre situated in Steel River Industrial Complex, Mayfield.
• Replicated hosted server and storage infrastructure is located in a secondary Data centre situated in the Equinix SY4 Data Centre in Alexandria.
• The default ‘Data Backup Replication’ regime, unless otherwise specified, is performed by hourly snapshots between the hours of 6am and 7pm nightly.
• The default ‘Data and Backup Retention’ policy, unless otherwise specified and itemised on the hosted infrastructure service invoice, is 14 days
• In the event additional servers, or server capacities (CPU, Memory or Storage) is required, an NEW ERA TECHNOLOGY account manager will discuss any recommended changes and provide an official quotation for approval.
• In relation to the supply of hosted infrastructure (the hosting of a client’s servers on our infrastructure), NEW ERA TECHNOLOGY agrees that the target SLA for infrastructure availability is 99.99% (4 minutes 23 sec down time per month) (“Uptime Service Level”). In the event the hosted infrastructure is not available, the client agrees to advise NEW ERA TECHNOLOGY in writing (or email) if they intend to seek a reimbursement of service fees in the calendar month. Infrastructure unavailability reimbursements will be calculated as a percentage of total time (hours) unavailable (less 4 minutes) divided by 744 (hours in a month). This result will be calculated as a percentage of the monthly infrastructure hosting fee and will be the amount reimbursed.
• To address any perceived risk that, in the event that NEW ERA TECHNOLOGY is no longer able to provide the hosted server environment due to financial or legal reasons, we categorically stipulate that the server environment at the operating system and application/data level remains the property of the client, and that should such an event occur, NEW ERA TECHNOLOGY will provide a fully restorable image of each server environment to supply to an alternate provider (whether physical or virtual) at no additional cost.
• NEW ERA TECHNOLOGY will endeavour to meet the Uptime Service Level but cannot be held accountable where the resolution is delayed due to factors beyond the NEW ERA TECHNOLOGY’ reasonable control due to:

1. a Force Majeure Event;
2. the failures of the Client’s System
3. the failure of a Third Party Service;
4. the failure of third party supplied telecommunication service;
5. scheduled maintenance for hardware and/or software upgrades;
6. hardware failure outside the control of NEW ERA TECHNOLOGY;
7. software and/or operating system bugs or flaws outside the control of NEW ERA TECHNOLOGY;
8. DNS issues not within the direct control of NEW ERA TECHNOLOGY;
9. network floods, hacks, attacks, viruses, malware from third parties or individuals;
10. failure or error of any of the NEW ERA TECHNOLOGY’ monitoring or measurement system outside the control of NEW ERA TECHNOLOGY
11. breach of the Usage Policy by Client;
12. breach of the Usage Policy by other Clients of NEW ERA TECHNOLOGY;
13. a technology issue originating from the acts or omissions of the Client; or
14. a backbone peering point issue.

vPABX (Virtual PABX) Services

• The NEW ERA TECHNOLOGY vPABX (vPabx) is a voice over IP telephony subscription service that is a resold product that is operates over your internet service.  The internet service may be supplied by NEW ERA TECHNOLOGY or by another service provider. vPabx requires fixed broadband service and a wired Ethernet port.  Each vPabx phone requires a minimum of 150kbps of uncongested upstream and downstream bandwidth for optimal voice quality.
• vPabx plans include handset rental (except for the SoftPhone plan), a direct-in-dial geographic number (DID number), unlimited standard local and national calls, unlimited standard calls to Australian mobiles as well as a range of included features such as voicemail-to-email, call waiting and others. Acceptable Use Policy applies to included calls. Optional extras and their prices are available from your account manager.
• The service agreement for each vPabx service maybe identified on the monthly service agreement, or is two (2) years from when each device is installed.  As each phone service is provisioned under its own agreement, and expires two (2) years after being commissioned unless specific on the initial quote/order.
• vPabx plans do not support 19/1900 number calls, fax, dial up modem or other analogue data calls (e.g. EFTPOS, HICAPS), back to base alarms and other monitoring systems using phone lines, and similar features.
• vPabx is not available for telemarketing, call centre function and similar uses.
• International Calls are from 4c per minute, 1300 and 13 calls are from 22c per minute, usage fees are reconciled and charged quarterly.
• vPabx monthly fees includes end user phone support via the NEW ERA TECHNOLOGY Technology helpdesk. Configuration changes and addition service fees may incur additional costs and will be quoted prior to any adjustments being made.

Hosted 3CX PBX System

• The Minder Hosted 3CX PBX is a voice over IP telephony subscription service that comprises a number of discrete components that allow the delivery of the hosted telephony system where itemised on the monthly service invoice.  Each service below should be considered to be linked and inseparable to each other.  
• Hosted 3CX – PBX Monthly Licence Subscription noting number of Simultaneous Calls
• Virtual Server/Storage – Provided in Minder Hosted Infrastructure to host the PBX environment in Minder
• Commercial NBN Service – Provided to deliver SIP (Session Initiation Protocol) ‘lines’ from our Carrier into the Hosted PBX environment.
• Minder Hosted vPABX Block – An assigned block of numbers that have been assigned by the carrier
• Carrier SIP Channels – The number of SIP ‘Lines’ provided by the carrier, via the Minder Commercial NBN service into the Hosted PBX
• 3CX PBX Support – Is an optional support agreement to provide fix fee support for 3CX Hosted PBX systems.
• The Minder Hosted 3CX PBX system is provided as a monthly subscription that has a renewal / expiry date 12 month from being commissioned, or 12 months from the renewal date.
• The Minder Hosted 3CX PBX system does not support 19/1900 number calls, fax, dial up modem or other analogue data calls (e.g. EFTPOS, HICAPS), back to base alarms and other monitoring systems using phone lines, and similar features.
• The Minder Hosted 3CX PBX system is not available for telemarketing, call centre function and similar uses.
• International Calls are from 4c per minute, 1300 and 13 calls are from 22c per minute, usage fees are reconciled and charged quarterly.
• In cases where 3CX PBX Support has not be chosen as a monthly service, provision of support services can be provided on a do-and-charge basis at our standard hourly rates.
• Fix fee support for phone systems, other than 3CX are not offered by NEW ERA TECHNOLOGY, however, where requested technical assistance may be offered at our standard hourly rates. 

Software Subscription Services

NEW ERA TECHNOLOGY will provide Software Subscription Services if set out on a Monthly Service Invoice. NEW ERA TECHNOLOGY is an accredited provider of software subscription services for many software vendors.  Where applicable, NEW ERA TECHNOLOGY may provide software licences on a subscription basis, and as such, a Monthly Service Invoice will form part of a master rental agreement where the Client agrees to the respective licencing rules, agreed fee structure and regulations of each software vendor, which can be provided on request, and subject to the following conditions:

• Monthly software subscriptions will be itemised on the monthly hosting invoice and will be represented as a unit measure.
• Reconciliation of each software subscription is performed and amendments to the monthly service invoice are made on the first Business Day of each calendar month.
• NEW ERA TECHNOLOGY may increase the monthly fees for each software subscription by giving you at least 28 business days prior written notice.
• Any disputes a Client may have in relation to the licence quantities identified and invoiced, must be brought to the attention of an NEW ERA TECHNOLOGY account manager and will be actioned within the calendar month.

Fix Fee Help Desk Services and Support Services

NEW ERA TECHNOLOGY will provide Fix Fee Help Desk Services and Support Services if set out on a Monthly Service Invoice to support. The technical department of NEW ERA TECHNOLOGY provides a range of technical support service to their client base ranging from do-and-charge through to fix fee outsourcing. Gold and Platinum and Platinum Plus Support Services are available as follows:

• Invoiced on a per user basis each month.
• The level of coverage will be identified on the monthly service invoice.
• The number of users supported will be determined by the number of devices used in agreeance with the Client. This quantity will be identified on the monthly service invoice.
• This number of users is determined and updated on the first working day of each calendar month and is invoiced for that month.
• Gold Fix Fee Servicing provides technical services via phone, email and remote control for any user problem encountered accessing or using the managed system/environment.
• Platinum Fix Fee Servicing provides all the services of the Gold level, with the additional benefit of receiving onsite technical support for ‘on-premise’ equipment (such as, printer, computer and network troubleshooting).
• Platinum Plus Fixed Fee Servicing provides all the services of the Platinum level, with the additional benefit of the installation of end user equipment (computers, notebooks, printers) and end users asset management reporting.
• Fixed Fee Services do not include the costs of any hardware replacement in part or full.
• Any additional workstations or terminals that are added to the client’s network that is serviced by fixed fee agreement, will have this quantity added to the total number of users on the monthly service invoice.
• The support coverage for additional workstations or terminals under the fixed fee agreement will be added to the total number of users/devices on the monthly service invoice.
• Additional equipment being installed as additional product, rather than replacement product by the Client after the date of this Agreement, will be charged at standard hourly rates.
• All new hardware, cabling and networking infrastructure equipment is excluded from the Agreement. NEW ERA TECHNOLOGY will provide a quote to add in such additional services.
• Installation of new server equipment due to system upgrades can be added in addition by way of a Quote.
• Integration of new premises or sites into main system/environment. This will be treated as new services and will be quoted in addition and can be added in addition by way of a Quote.
• Contact working hours to be 7.30am to 5.00pm Monday to Friday (Business Days only).
• All service level exclude the support of peripheral devices, such as scanners, printers, cameras,  telephones and the like.

Client Responsibilities

It is the responsibility of the client, in engaging NEW ERA TECHNOLOGY in any hosted service arrangement where this Service Level Agreement’s policies and procedures are enforced to ensure the following is adhered to:

• To ensure that any disputes in relation to billing or availability of service are brought to the attention of an NEW ERA TECHNOLOGY account manager with in the billing month.
• To ensure that no person or organisation, not authorised by NEW ERA TECHNOLOGY, is permitted to perform any IT / system administration task.
• To ensure that the credit account, held in the business name at NEW ERA TECHNOLOGY for services rendered be kept within agreed trading terms, specifically hosted services invoices must be paid within the terms specified.
• The client accepts that, in circumstances where the clients account is not within trading terms, that cessation of hosting services may occur. Furthermore the client accepts that in situations where cessation of hosting services has occurred additional charges may be incurred to recommence the hosted services or provision of additional services.

Proactive Server Monitoring

NEW ERA TECHNOLOGY will provide Proactive Server Monitoring Services if set out on a Monthly Service Invoice. NEW ERA TECHNOLOGY has developed a proactive server monitoring service that monitors the critical components in your Client server environment and reports the information to NEW ERA TECHNOLOGY’ technical team in 15-minute increments. This ensures that NEW ERA TECHNOLOGY is aware of any issues that arise in your Client environment and NEW ERA TECHNOLOGY is able to take steps to rectify the issues quickly and with minimal impact.

The Client will receive a weekly snapshot report of key areas and a quarterly meeting if requested with the Client’s Account Manager to review the reports and address any issues or concern areas.

It also includes any Level 1 remote support that is required to investigate and resolve initial server issues such as backup failures.

Labour Rates and Pre-Paid Blocks of Labour

Standard labour charge is $195/hour Ex GST. This is for all remote, workshop and onsite labour including new system installations.

Our minimum charge for after hour support is $292.50 dollars plus GST. After hours is defined as any time between 5:00pm and 7.30am Monday to Friday, all weekend and Public Holidays.

In response to our client’s needs, we have developed a method of pre-purchasing a block of labour to assist in reducing the administration costs of smaller invoice amounts and are offered at reduced rates for larger blocks of hours purchased.

Block Hours can be used for service work and reconciliation can be reported monthly.

• NEW ERA TECHNOLOGY Pre-Paid Hours do not expire, and any unused hours will remain as hours rather than the monetary value of your account
• NEW ERA TECHNOLOGY will not be liable to refund, reimburse, pay damages or otherwise compensate or indemnify You in respect of those unused Pre-Paid Hours.
• NEW ERA TECHNOLOGY Pre-Paid Hours will be forfeited in the event the Client ceases trading or if Client ceases doing business with NEW ERA TECHNOLOGY.

In addition to block hours, clients are also able to pre-purchase a bundle of (minimum 4) after-hours technical support incidents. After Hours Support is a single support incident designed to provide priority remote technical assistance for, up to 2 Hours, on critical issues when they occur after business hours.

Manage and Monitor Disaster Recovery Service

If Disaster Recovery Services management and monitoring Services are set out on a Monthly Service Invoice, NEW ERA TECHNOLOGY will carry out scheduled testing quarterly (4 times per year) including a restore of data to ensure data integrity.

Termination

As each line item on the monthly service invoice may be covered by a third party agreement, termination of any service should be discussed with an Account Manager to determine if the goods or services are still under contract. If not, termination notice can be made in writing by the client giving one months’ notice to NEW ERA TECHNOLOGY. Early termination of any services, by the client, will result in an invoice being raised for the remaining periods as detailed in each service description.

End.