Variation to the Standard Form of Agreement
TasmaNet is growing, both in the number of customers we deliver digital services to and the range of services we offer. Our ability to connect customers and deliver services using the nbn™ allows business just about anywhere in Australia to choose the same high-quality, business grade services we've been delivering to our Tasmanian customers since 2004.
It's an exciting time, and what we've been working towards since we became one of fewer than 20 Wholesale Providers in the country accredited to deal directly with NBN Co rather than depending on a big telco for access, something that gives us complete control over the configuration and quality of our unlimited, uncrowded nbn™ services.
To help us to offer and support the most comprehensive range of digital services possible to businesses of all sizes, we are changing the way we deliver services. This includes engaging third party service providers in connection with the provision of services to our customers.
An example of this would be us selecting an established IT business as a trusted partner to ensure that our customers receive high-quality local support for their service, no matter where they are, along with expert advice about hardware and other products that complement their TasmaNet internet, voice, networking, and cloud services.
As a result of this change, we need to change the terms and conditions on which we supply Services to customers as set out in the agreement titled ‘Standard Form of Agreement’ between you and us (Agreement).
Who is affected?
This change applies to all TasmaNet customers, other than those customers who have signed a Master Services Agreement (MSA) with us, or who receive TasmaNet services under the Networking Tasmania agreement.
Words used but not defined in this notification have the meaning given in the Agreement
What will change?
In order to allow TasmaNet to improve the way we deliver Services to you, we require the ability to disclose certain of your Customer Data (which may include your Confidential Information and Personal Information) to our third party suppliers and partners. TasmaNet will only disclose such Customer Data in connection with the provision of the Services to you.
TasmaNet therefore proposes to amend clause 10 (Confidentiality) of the Agreement to ensure that we can disclose your Customer Data as required to provide the Services to you.
TasmaNet also needs to ensure that when we need to change the terms and conditions under which we provide Services to our customers in connection with changes to the way we deliver the Services, we can do so efficiently and without undue delay.
TasmaNet therefore also proposes to change the notification provisions in clause 12.2 and 12.3 of the Agreement.
Details of variation
Pursuant to clause 12.1.2 of the Agreement, with effect on and from May 1, 2019 which is 30 days from the date of this notification, TasmaNet will amend the Agreement as follows:
- clause 10 (Confidentiality) is deleted and replaced with the clause 10 (Confidentiality and Privacy) set out in detail below;
- clause 13.1 (Customer personal information) is deleted; and
- clauses 12.2.2, 12.2.3 and 12.3.1(iii) are amended by replacing references to “42 days” with “14 days”.
Clause 10 (Confidentiality and Privacy)
10. Confidentiality and Privacy
- 10.1 Confidentiality
- 10.1.1 Each party agrees to keep in confidence and not to use or disclose any Confidential Information of the other party.
- 10.1.2 Subject to clauses 10.1.3 and 10.1.5, neither party will use or disclose the other party’s Confidential Information for any purpose, other than to the extent necessary to perform its obligations or exercise its rights under this Agreement (including that TasmaNet may disclose your Confidential Information to its Personnel).
- 10.1.3 The obligations of confidentiality in this clause 10.1 do not apply to:
- a. the extent disclosure is required by Law or the listing rules of a stock exchange, a direction by government authority or a Regulatory Authority;
- b. disclosure to a party’s legal or other professional advisers in relation to this Agreement; or
- c. in the case of TasmaNet:
- i. disclosure to its third party suppliers in connection with the provision of the Services; or
- ii. disclosure of this Agreement in whole or in part to a Regulatory Authority.
- 10.1.4 Each party acknowledges that a breach of this confidentiality clause 10.1 may cause irreparable damage to the other party for which monetary damages would not be an adequate remedy. In addition to other remedies that may be available, either party may seek and obtain injunctive relief against such a breach or threatened or suspected breach by the other party. Each party’s obligations under this clause 10.1 survive the expiry or termination (for any reason) of this Agreement. Each party must return the Confidential Information of the other party immediately upon request by the other party.
- 10.1.5 Nothing in this clause 10.1 will prevent us from disclosing any information to a party undertaking due diligence enquiries in relation to us, provided that party is bound by confidentiality restrictions similar to those set out in this clause 10.1.
- 10.2 Privacy and Personal Information
- 10.2.2 TasmaNet must not disclose Personal Information provided by you to any person other than its Personnel, its third party suppliers in connection with the provision of the Services or as otherwise permitted by the Privacy Laws or other Laws.
- 10.2.3 You must comply (and must ensure that your Personnel comply) with all applicable provisions of the Privacy Laws, including giving any notifications and obtaining any consents required under the Privacy Laws for:
- a. you to transmit, disclose or make available the Personal Information to TasmaNet under this Agreement; and
- b. TasmaNet to process, store and disclose (including to Personnel and its suppliers engaged in connection with the supply of the Services to you) the Personal Information as required under this Agreement.
- 10.3 Survival
- 10.3.1 This clause 10 survives the expiry or termination (for any reason) of this Agreement.