Telecom Network Service Agreement




30 OCTOBER NEW ZEALAND GAZETTE 4125

1.5 notwithstanding that as between the Guarantor and the Service Operator the Guarantor may be a surety only nevertheless as between the Guarantor and Telecom the Guarantor shall be deemed to be a principal debtor jointly and severally with the Service Operator;

1.6 to the fullest extent permitted by law the Guarantor hereby waives such of the rights of the Guarantor as surety or indemnifier (legal equitable statutory or otherwise) which may at any time be inconsistent with any of the provisions of this guarantee and indemnity;

1.7 the covenants and agreements made or given by the Guarantor shall not be conditional or contingent in any way or dependent upon the validity or enforceability of the covenants and agreements of any other person and shall be and remain binding notwithstanding that any other person shall not have executed or duly executed this Agreement or this guarantee and indemnity;

1.8 the obligations of the Guarantor under this guarantee and indemnity shall continue to remain in force until moneys payable pursuant to this Agreement shall have been paid and until all other obligations and indemnities shall have been performed observed and satisfied and such obligations shall not be reduced or affected by any termination of this Agreement or the death insolvency liquidation or dissolution of the Service Operator or the Guarantor or any of them.

SCHEDULE K

CHARGES—(Clause 5)

(All charges in the Schedule exclude GST)

ITEM 1—INTERCONNECT LINK CHARGES

The Interconnect Link charges set out in The Telecom List of Charges.

ITEM 2—CALL CHARGES

The Call charges set out in The Telecom List of Charges.

ITEM 3—ANI CHARGES

The ANI charges set out in The Telecom List of Charges.

SCHEDULE L

LIST OF SCHEDULES TO THIS AGREEMENT—(Clause 1.34)

  • SCHEDULE A—List of Telecom ROCs
  • SCHEDULE B—Terms and Conditions of Interconnection
  • SCHEDULE C—Reference Schedule
  • SCHEDULE D—Service Operator’s Network Service
  • SCHEDULE E—PTC Specifications
  • SCHEDULE F—Testing Procedures and Procedures for Monitoring and Remedy of Fault
  • SCHEDULE G—Limitation of Telecom Group Liability
  • SCHEDULE H—Service Operator’s Premises
  • SCHEDULE I—Technical Requirements
  • SCHEDULE J—Guarantee
  • SCHEDULE K—Charges
  • SCHEDULE L—List of Schedules to this Agreement

9.2 Terms and Conditions for Telecom Subsidiaries

The standard terms and conditions on which interconnection was offered for supply to Telecom subsidiaries at the end for the relevant quarter were the same as those set out in Section 9.1, except that the following clause were not included:

Schedule B, Clauses 1.4, 1.8, 1.9, 1.10, 1.12, 1.13, 1.14, 1.15, 1.16, 1.20, 1.21, 1.22 to 1.26, 1.27, 1.28, 1.29, 1.32, 1.33, 1.42, 1.43, 1.54 to 1.57, 2.1.2, 2.2, 2.4 to 2.8, 3.1.2, 4.1, 4.2, 4.3, 4.4, 5.1, 5.2, 5.3 and 5.4.3, 5.4.4, 5.4.5 and 5.4.6, 5.4.7, 5.5 and 5.6, 5.7, 6., 7., 8.2 to 8.5, 8.6 and 8.7, 9, and 10., 11., 12., 13., 14., 16., 17.1, 17.2, 18., 21., 22., 24., 24.2, 25., 26.1.1 and 26.1.2, 30. and 31.

Schedule C, Items 1.1.6, 1.7.2, 1.8, 1.9.

Items 2, 3, 4, and 6.

Schedules E, F, G, H, and J.

Schedule B, Clauses 1.4, 1.7, 1.35 and 3.1.

Schedule C, Item 1.

9.3 Other Networks

The commercial terms and conditions concerning interconnection to networks other than the Public Switched Telephone Network are subject to negotiation. The available technical terms and conditions are listed in Section 10.



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🚂 Standard Terms and Conditions for Telecom Network Service to Non-Residential Customers (continued from previous page)

🚂 Transport & Communications
Telecom, Network Service, Non-Residential Customers, Contract Terms, Charges, Definitions, Interpretation, Call Hand-over, Service Delivery, Network Maintenance, Force Majeure, Automatic Number Identification, Access Code, Liability, Interconnect Link Charges, Termination, Disconnection, Indemnity, Confidential Information