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SERVICE DESCRIPTION
Optus SatTalk® - Inmarsat Service
This Service Description forms part of the Agreement under which Optus supplies the Service to you.
Rules of interpretation and capitalised terms which are used in this Service Description are defined either in the General Terms or in the Dictionary within this Service Description. A reference to a paragraph is a reference to a paragraph in this Service Description unless stated otherwise.
Some important information about the Service:
Service Option / SatTalk® - Inmarsat ServiceOptus Company Supplying the Service / Optus Networks Pty Limited
(ABN 92 008 570 330)
1. DESCRIPTION AND COVERAGE OF SERVICE
1.1 Optus will provide, and you must acquire for the Committed Term, the Service in accordance with the Agreement.
1.2 After the end of the Committed Term, Optus will continue to provide, and you must continue to acquire, the Service in accordance with the Agreement until the Service is cancelled in accordance with the Agreement.
1.3 The Optus SatTalk® - Inmarsat Service (also known as “IsatPhone Pro”) is a mobile satellite communications service which provides voice and a variety of data capabilities using capacity on the Inmarsat Satellite Network.
1.4 Apart from extreme polar regions, the Service has coverage in most of the world (including all of Australia) provided the satellite network is available, except that:
(a) you need to ensure there are no adverse local conditions or obstructions such as tall buildings or trees in the way;
(b) the internal or external antenna of your Optus Approved SatTalk® - Inmarsat Terminal must point towards the satellite with strong signal strength and a wide view of the sky to enable a direct ‘line of sight’ to the satellite. For example in Australia, the relevant Inmarsat satellite is located north of Australia at geostationary orbit slot 143.5 °E (or such other slot as may be notified by Optus or Inmarsat from time to time);
(c) the Service cannot be used indoors without connection to an approved indoor repeater or externally mounted antenna; and
(d) Optus does not guarantee or warrant that:
(i) the Service is available in each place within an area where there is coverage;
(ii) ‘drop-outs’ will not occur during a data session;
(iii) the Service will be uninterrupted; or
(iv) there will be no congestion on the Optus network or the network of any Supplier.
All satellite systems have some inherent anomalies that can create temporary, unexpected loss of service, known as ‘drop-outs’, and any drop-outs during voice calls or data sessions will not be credited to you.
1.5 You acknowledge and agree that:
(a) the Service relies for its operation on services supplied by third parties, who are not controlled or authorised by Optus; and
(b) the provision of the Service is subject to bandwidth and network availability and capacity,
and Optus therefore does not guarantee or warrant the level or quality of the Service (subject to and without limiting clause 16.2 of the General Terms).
1.6 Subject to and without limiting clause 16.2 of the General Terms, you agree and acknowledge that:
(a) Optus excludes any and all liability to you for, or in connection with, Interruptions to the Service or Individual Services (including Interruptions caused by Optus’ negligence); and
(b) notwithstanding clause 1.1 of the General Terms, this paragraph 1.6 replaces clause 16.5 of the General Terms.
1.7 You agree and acknowledge that:
(a) to the extent permitted by law, Optus’ total liability to you for all Loss suffered or incurred by you under or in connection with the Agreement or the Service (whether based in contract, tort (including negligence), statute or otherwise) is limited, for all claims in aggregate, to a maximum amount of AU$1 million; and
(b) notwithstanding clause 1.1 of the General Terms, this paragraph 1.7 replaces clause 16.8 of the General Terms (and, under the Agreement, references in the General Terms to clause 16.8 will be read as instead referring to this paragraph 1.7).
1.8 In addition to and without limiting clause 10 of the General Terms, you agree and acknowledge, in order to be able to provide the Service to you, Optus may need to provide your (and your End Users’) Personal Information or other details you have provided (including in your Application), to its Suppliers or other third parties which may be located outside Australia (such as Inmarsat). You consent to Optus providing this information to those third parties (and those third parties using that information for the purposes of your Service). You will also obtain all necessary consents from your End Users to allow such disclosure and use.
1.9 The Optus SatTalk® - Inmarsat Service is a post-paid service which can be paid in arrears or advance, depending on the Pricing Plan you have selected.
1.10 Optus may vary the Optus SatTalk® - Inmarsat Service, without liability, if reasonably required for technical or operational reasons as long as the Service still complies with the Agreement.
2. YOUR USE OF THE SERVICE
2.1 The Service may be used for Voice, SMS, SME and Data Support (of a data service of up to 2.4kbs).
2.2 The performance of the Optus SatTalk® Service will depend on many factors which include:
(i) signal strength;
(ii) your hardware and software;
(iii) general internet activity;
(iv) the source of your download;
(v) Satellite Interference and network availability; and
(vi) speed and capacity of the server you access.
2.3 Voice: The Service allows the user to make a phone call. Currently the voice service is unable to call 000 or 112 (emergency services).
2.4 SMS : The Service allows the user to send and receive a short text messages via a connected computer – up to 160 characters – to or from a mobile phone depending on the carrier.
2.5 SME: The Service allows the user to send and receive a short email via a connected computer – up to 160 characters – to or from a mobile phone or email address, depending on the carrier.
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2.6 Data Support (of a data service of up to 2.4kbps): The terminal can be plugged into the computer or similar device and used as a modem to establish a circuit switched data connection with a speed of up to 2.4kbps. Please note that the Service itself is not an IP data service. If you wish to have an IP data service, it must be purchased separately and additional upload / download data charges may apply accordingly.
2.7 In addition to and without limiting clause 2 of the General Terms, when using the Service you must (and must ensure your End Users):
(a) adhere to Optus’ Acceptable Use Policy;
(b) comply with all laws, regulations, standards and industry codes applicable to and your End Users;
(c) ensure that the software you use in relation to the Service is properly licensed;
(d) comply with any rules imposed by any third party whose content or services you access using the Service or whose network your data traverses;
(e) not infringe any person's Intellectual Property Rights (such as by using, copying or distributing data or software without the permission of the owner); and
(f) not send or receive Content using the Service other than for your own personal or business use.
2.8 You agree and acknowledge that Optus does not exercise any control over, authorise or make any warranty regarding:
(a) the availability, response times or other characteristics of the Service, except as set out in this Service Description (subject to and without limiting clause 16.2 of the General Terms);
(b) the accuracy or completeness of any Content which you or your End Users may use, obtain, access or transmit using the Service, including any data which Optus or a Supplier may cache as part of the Service;
(c) the consequences of you or your End Users using, accessing or transmitting any Content using the Service, including without limitation any virus or other harmful software; or
(d) any charges which a third party may impose on you in connection with your use of the Service.
2.9 You must not resell, re-supply, share or otherwise distribute the Service (or any part of the Service) to any third party without Optus’ prior written consent.
2.10 Optus may:
(a) monitor your account to ensure compliance with the Agreement;
(b) investigate any misuse of the Service and may involve police or other law enforcement agencies in doing so; and
(c) if Optus finds that you have misused the Service, Optus may recover from you any costs of investigating that misuse. If your misuse causes Loss to another user and Optus is required to pay compensation to that user, Optus may require you to reimburse Optus for that Loss.
2.11 If you wish to use the Service outside of Australia, you are responsible for:
(a) confirming that Service coverage is available in the relevant territory. You can contact Optus for information on Service coverage in specific territories; and
(b) obtaining any licences or approvals that may be required to use the Service in the relevant territory.
2.12 The Optus Approved SatTalk® - Inmarsat Terminal is capable of making data connections that can result in significant bills for satellite airtime if usage is not monitored and controlled. You must use caution when connecting your terminal to a network.
3. EQUIPMENT REQUIRED TO USE THE SERVICE
3.1 In order to access the Service, you need an Optus Approved SatTalk® - Inmarsat Terminal and equipment which conforms to the Minimum System Requirements.
3.2 If you purchase an Optus Approved SatTalk® - Inmarsat Terminal from Optus:
(a) as Optus purchases the Optus Approved SatTalk® - Inmarsat Terminal from a Supplier, Optus reserves the right to cancel your order for such a terminal, even after it has previously accepted the order; and
(b) risk in any Optus Approved SatTalk® - Inmarsat Terminal passes to you on delivery.
3.3 If you have purchased an Optus Approved SatTalk® - Inmarsat Terminal from Optus and it is faulty, you should contact the Help Desk. You are responsible for returning the terminal to Optus (or Optus’ nominated repair agent) for evaluation and repair. If Optus (or Optus’ repair agent) does not find any fault with the terminal, you will be charged a fee (currently $90 (excluding GST), but subject to change) plus freight costs to return the terminal to you. You must pay or confirm acceptance of these charges before the terminal will be returned.
3.4 In order to send and receive data using the Service, you need a specific SatTalk® - Inmarsat Subscriber Identity Module Card, referred to as an “Optus SatTalk® - Inmarsat SIM Card” or “SatTalk® - Inmarsat SIM Card”, which when inserted in an Optus Approved SatTalk® - Inmarsat Terminal, allows that terminal to establish a data or voice session using the Service.
3.5 Optus SatTalk® - Inmarsat SIM Cards may only be used with your Optus Approved SatTalk® - Inmarsat Terminal.
3.6 If the Optus Approved SatTalk® - Inmarsat Terminal or the SatTalk® - Inmarsat SIM Card is lost or stolen, you must immediately inform Optus, to enable Optus to terminate the network link with your terminal. Such loss or theft does not in any way reduce your obligations to pay any charges incurred on your Service. It is your responsibility to ensure that appropriate safeguards are taken to prevent any unauthorised or unlawful use of the Service.
3.7 Unless otherwise specified in the Agreement, Optus is not responsible for the installation, operation, quality of transmission or maintenance of any equipment you use with the Service.
4. CUSTOMER SERVICE
4.1 Optus will make available to you a single point of contact for support of the Service (the Help Desk) including billing enquiries and fault rectification. The Help Desk can be contacted on a telephone number and/or email address provided by Optus from time to time.
4.2 You must ensure that any person contacting the Help Desk is familiar with the technical configuration of your network. Before you contact the Help Desk, you must perform sufficient internal fault diagnostics to ensure that the problem is on the Service.
4.3 Optus will not provide you or your End Users with any assistance or support for (or for any issues caused or contributed to by) devices, equipment or services connected to, or used with, the Service which have not been provided by Optus.
4.4 If you contact the Help Desk regarding a fault and when investigated Optus determines that:
(a) the fault:
(i) is not a fault with the Service; or
(ii) relates to a matter referred to in paragraph 4.3 above; and
(b) if you had undertaken internal fault diagnostics, then you would have ascertained that the fault related to a matter referred to in paragraph 4.3 above or was not with the Service,
then Optus may charge you for the services of the Help Desk.
4.5 Optus may refer your enquiry regarding a fault to a third party in some circumstances. This may require Optus to transfer your call, or forward your email, to that third party and provide that third party with details about you and your use of the Service to enable that third party to assist with your enquiry. You consent to Optus doing so.