In addition, for your Microsoft Mobile Voice Plan, we will charge you for SMS and MMS in accordance with the Telstra Mobile section of Our Customer Terms.
International roaming is not included
Fees and charges in connection with any use of a handset (including for SCMDM services) whilst the handset is roaming overseas are NOT covered by the monthly fee for a MMSP.
Fees and charges in connection with any use of handsets connected to a MMSP whilst roaming overseas, are set out in the Part I – Heading Overseas (International Roaming) section of Our Customer Terms. Use of such handset whilst roaming overseas will be charged in accordance with Part I, or if it is not applicable, at the Our Customer Terms rates of the network you are using. We do not, except as set out in the Part I – Heading Overseas (International Roaming) section of Our Customer Terms, make any representation as to the charges or fees in connection with any use of the handset whilst roaming overseas.
Additional terms
If applicable to your handset, the handset manufacturer’s standard terms and conditions associated with those handsets apply.
Microsoft Regional Sales Corporation ("Microsoft") requires us to advise you that the following notice (the "Microsoft Notice") applies in relation to each client access licence which is granted to you by us in these Our Customer Terms for a service which you connect to a MMSP:
"Your subscription to the MMSP includes a client access licence for the version of SCMDM which you are running. Microsoft Corporation requires this notice:
For each active user for which you have paid a subscription for the MMSP, you are granted a non-transferable client access license (CAL) for the version of SCMDM which you are running. This CAL may only be assigned to the same user as the qualifying subscription to the Mobile Services Plan. This CAL is non-perpetual and expires upon termination of the MMSP under which this license is granted. SCMDM CAL is the only Microsoft license provided under the terms of your MMSP agreement. You are responsible for acquiring server licenses for SCMDM, Microsoft Windows Server 2003 SP2 (or later) (and associated client access licenses), Microsoft SQL Server 2005 (or later) (and associated CALs) and any other Microsoft server products (and associated CALs), and any other Microsoft server product(s) (and associated CALS) necessary to run SCMDM pursuant to the terms of your Microsoft Volume Licensing Agreement and those products' use rights, as defined in the Microsoft Product Use Rights (PUR) document."
You must comply with the terms of the Microsoft Notice set out above.
You agree that Microsoft may amend the Microsoft Notice from time to time, and you must comply with any such amended notice once we notify you of it in writing.
You acknowledge that the MMES is not fault-tolerant and is not designed, manufactured or intended for use with on-line control equipment in hazardous environments requiring fail-safe performance in which the failure of the service could lead directly to death, personal injury, or severe physical, property or environmental damage ("high risk activities"). To the extent permitted by law, we, and our suppliers and contractors, expressly disclaim any express or implied condition or warranty or statutory guarantee (including fitness for purpose) of the MMES for high risk activities.
Without limiting anything in Our Customer Terms or, if applicable our agreement, to the extent permitted by law, and except as otherwise expressly provided in any other arrangement between you and Microsoft, all warranties by Microsoft and any liability of Microsoft, its affiliates or suppliers for any damages, whether direct, indirect or consequential, arising from a service connected to a MMSP are excluded.
You agree to our rights under our Privacy Statement. In addition, you permit us to disclose to our suppliers and contractors, including Microsoft, all data generated or collected by or for us in connection with our agreement with you, your application for or use of MMES or your use of services otherwise provided by us to you ("Your Information").
We will take reasonable steps to ensure that our suppliers and contractors, including Microsoft, keep Your Information confidential and use it in accordance with applicable privacy laws.
Our suppliers and contractors, including Microsoft, may use Your Information, and disclose Your Information to suppliers or contractors that they engage, under appropriate terms of confidentiality and data handling obligations for the purposes of:
assisting with the provision of the Microsoft services or the services provided under a MMSP;
determining payment obligations, verifying compliance with licensing requirements, determining channel incentives, and for internal reporting; and
in response to lawful requests from law enforcement authorities.
General
You must ensure each handset connected to a MMSP, our services and our networks are used in accordance with our Acceptable Use Policy available www.telstra.com.
Without limiting any other right we may have, we may terminate the access of any service connected to a MMSP to our networks if the use of it adversely impacts the operation and/or other customers’ enjoyment of our network or if you or any service connected to a MMSP breaches a material term of these terms, in accordance with the General Terms of Our Customer Terms (to see these terms business and government customers click here). We will tell you before this happens.
If any regulatory consent or exemption that we require to provide the MMES to you is not extended or is cancelled or withdrawn, we may terminate our agreement with you. We will tell you before this happens.
