SERVICE DESCRIPTION: Optus SMS Suite 
            This Service Description forms part of Optus’ Standard Form of Agreement pursuant to the 
            Telecommunications Legislation.
            This Service Description for the Optus Messaging Service comprises the following Parts:
                 Part 1: Service Family Terms (applicable to all Optus Messaging Services); and 
                 Part 2: Service Option Terms.
            The Service Option Terms are separate terms applicable to each of the following Optus Messaging 
            Service Options to be read in conjunction with both the General Terms and the Service Family Terms:
                 Optus SMS Suite 
      Service Description - Optus SMS Suite   Page| 1                        16 May 2022
                         SERVICE FAMILY TERMS: OPTUS MESSAGING SERVICE
            If there is any inconsistency between the terms of the documents that form the Agreement, they will 
            be interpreted in the following order of precedence: the Standard Pricing Table, the Service Option 
            terms of the Service Description, the Service Family terms of the Service Description and the General 
            Terms and the Application, except to the extent of any inconsistency in pricing (in which case the 
            Application overrides the Standard Pricing Table).
            1.     SERVICE FAMILY
            1.1    Service Description
                   The Optus SMS Suite allows you to send and receive messages via an Access Link to and 
                   from a Message End User.
            1.2    Optus Group Company
                   The Optus Messaging Services are supplied by Optus Mobile Pty Limited (ABN 65 054 365 
                   696), an Optus Group Company.
            2.     SERVICE OPTIONS
                     Optus SMS Suite.
            3.     COMMITTED TERM
            3.1    As set out in the Application.
            4.     PERMITTED PURPOSE
            4.1    The Service may only be used for the Permitted Purpose.
            4.2    The Permitted Purpose does not include (without limitation) utilising the Service to send or 
                   receive Messages:
                   (a)    that are unsolicited; or
                   (b)    that contain Prohibited Content.
            4.3    Optus may monitor your use of the Service to ensure it is for the Permitted Purpose and in 
                   compliance with all relevant laws and any directions of Regulators in connection with the 
                   Service.
            4.4    If you use the Service for anything but the Permitted Purpose, Optus may suspend, 
                   Downgrade, cancel, terminate or limit the Service or impose conditions on the continuance 
                   of the Service with immediate effect.
            4.5    Optus is not liable for your use of the Service or any act or omission related to or associated
                   with your use of the Service. You will indemnify Optus and keep us fully and effectively 
                   indemnified, against each and every claim made against Optus as a result of your unlawful 
                   or negligent use of the Service.
            5.     ACCEPTABLE USE
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            5.1    You must comply with:
                   (a)    Optus’ Acceptable Use and Optus Mobile Fair Go™ Policy applicable to your 
                          Service; and
                   (b)    all applicable laws, regulations, standards, classifications, content requirements, 
                          schemes and applicable industry codes of conduct in relation to Messages and for 
                          the avoidance of doubt, but without limitation, this includes compliance with the 
                          Interactive Gambling Act 2001 (Cth), the Spam Act 2003 (Cth), the Privacy Act 
                          1998 (Cth), the Telecommunications Act 1997 (Cth), the Broadcasting Services Act
                          1992 (Cth), the Telecommunications Service Provider (Mobile Premium Services) 
                          Determination 2010 (No.2), the MPS Code, the IIA Codes, the Australian 
                          Communications and Media Authority – Safety Measures Notice and the 
                          associated Guide to the Implementation of Safety Measures for Mobile Chat 
                          Services.
            6.     SOFTWARE, SYSTEMS AND EQUIPMENT
            6.1    Systems and Equipment: you must arrange for your own Access Link and SMPP Protocol /
                   API application to access or connect to the Service. You are liable for your Access Link and 
                   SMPP Protocol application.
            6.2    Software: Optus grants you and the End User a non-exclusive, non-transferable, revocable 
                   licence to use Optus Software for the Committed Term. Optus will provide support for Optus 
                   Software during the Committed Term but is not liable to you for the use or the performance 
                   of the Optus Software on your systems or equipment.
            6.3    Acceptance Testing: Optus will not commence the Service until the provision of the Service
                   has passed all Acceptance Tests. Once the Service has passed the relevant Acceptance 
                   Tests, Optus will provide you with access to Optus Software and (where applicable) a logon 
                   and password to Optus Partner Connect.
            6.4    Third party goods or services: Optus is not liable to you for any goods or services 
                   provided by a third party under their own terms of service or any act or omission related or 
                   associated with any such third party goods or services. 
            7.     SERVICE AVAILABILITY
            7.1    Service Level and Availability
                   (a)    Optus will use reasonable endeavours to ensure that the Service is available 
                          99.8% of each Business Day and that Messages are delivered within seven (7) 
                          days of receipt by the SMSC but does not warrant, represent or guarantee the 
                          Service Level will be met.
                   (b)    The Service Level set out below in Table 1 is indicative of the planned availability 
                          of the Service and the Optus Network and is not a guarantee of availability of the 
                          Service to you.
                   (c)    There are no Service rebates applicable to the Service.
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                        Table 1: Optus SMS Suite Service Levels
                        Type of         Definition        Response Time          Restoration Time
                        Interruption
                        Priority 1      Interruption      within 2 hours of the  80% of Faults restored within 8 
                        Interruption                      call being logged at   (eight) hours, and 100% of 
                                                          the Optus Mobile       Interruptions restored within 48 
                                                          Technical Support      hours, from the time the call 
                                                          Centre                 was logged at the Optus Mobile
                                                                                 Technical Support Centre
                        Priority 2      Service           within 4 hours of the  80% of Faults restored within 4 
                        Major           Degradation       call being logged at   (four) days, and 100% of 
                                                          the Optus Mobile       Interruptions restored within 5 
                        Service                           Technical Support      (five) days, from the time the 
                        Degradation                       Centre                 call was logged at the Optus 
                                                                                 Mobile Technical Support 
                                                                                 Centre
                        Priority 3      Service           within 6 hours of the  80% of Faults restored within 7 
                        Minor           Degradation       call being logged at   (seven) days, and 100% of 
                                        (includes         the Optus Mobile       Interruptions restored within 10 
                        Service                           Technical Support      (ten) days, from the time the 
                        Degradation     failure of 
                                        Delivery          Centre                 call was logged at the Optus 
                                        Receipt)                                 Mobile Technical Support 
                                                                                 Centre
                8.        FAULT REPORTING
                8.1       Service fault reporting and rectification 
                          (a)      As soon as you become aware of any Fault in the Service, you must report that 
                                   Fault to Optus by telephoning the number notified to you by Optus from time to 
                                   time. The number will be available twenty-four (24) hours a day, seven (7) days a 
                                   week.
                          (b)      Before reporting a Fault to Optus, you must take all reasonable steps to ensure 
                                   that the Fault is not attributable to an Excluded Event. If Optus determines that the 
                                   Fault is attributable to an Excluded Event, Optus may charge you for reasonable 
                                   costs incurred in the investigation and if you require, rectification of the Fault 
                                   attributable by the Excluded Event.
                          (c)      Where a Fault occurs and Optus determines that the Fault is an Excluded Outage, 
                                   Optus will restore the Service as soon as is reasonably practicable. The Fault will 
                                   be rectified when Optus notifies you that the Excluded Outage has been rectified.
                          (d)      Where a Fault occurs and Optus determines that the Fault is an Interruption, 
                                   Optus will use reasonable endeavours to restore the Service in accordance with 
                                   the Service Level set out below in Table 1 and/or Table 2. The Fault will be rectified
                                   when Optus notifies you that the Interruption has been rectified.
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