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- In this Agreement and in any General Terms and Conditions, Rate Schedule, Quote, Proposal, SOW and Scope of Work, Order, Plan contract, or other arrangement in connection with the supply Services by the Supplier, except where the context otherwise dictates, reference to:
- A party includes party’s successor in title, permitted substitute, permitted assign, executor or administrator of that party;
- A person includes a natural person, a body corporate, a joint venture, partnership, and any other type of entity;
- A clause, section, paragraph, schedule, attachment or annexure is to a clause, section or paragraph of, or schedule, attachment or annexure to, this Agreement, and a reference to this Master Service Agreement includes any schedule, attachment or annexure, Quote, Proposal, Order, Plan contract;
- The expressions “includes” and “including”, “for example” and similar expressions do not limit the scope of the right, obligation or concept referred to;
- Words in the singular include the plural and vice versa and a word, which suggests one gender, includes the other genders;
- If a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings;
- Monetary references are to Australian currency, unless expressly stated otherwise;
- Headings are for convenience and do not affect interpretation;
- Any reference to a provision of a statute, regulation, proclamation, ordinance or by law includes reference to that provision as amended, consolidated or replaced regardless of whether that became law before or after this Agreement;
- No provision will be construed adversely to a party solely on the basis that the party was responsible for the preparation of that provision;
- In this Agreement and in any General Terms and Conditions, Rate Schedule, Quote, Proposal, SOW and Scope of Work, Order, Plan contract, or other arrangement in connection with the supply Services by the Supplier, except where the context otherwise dictates, reference to:
Unless otherwise agreed in a Work Order/purchase order or accepted quote or Statement/Scope of Work, in the event of any conflict between the documents comprising the Agreement, the conflict will be resolved in the following order of precedence:
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- If the customer is contracted through a Telstra contract (‘Telstra Customer Contract’) and the Supplier is working in a Telstra partner capacity and Services are provided as a Telstra Partner, then such Services are covered by the relevant Telstra agreements /documents/terms and conditions between customer and Telstra including but not limited to:
- Telstra ‘scope of work’ SOW
- Telstra Agreements (including but not limited to IAAS, Professional Services Module, TOSA, TPSA, TDA) that forms part of the Telstra Customer Contract.
- Telstra Customer terms/agreement or documents along with their customer terms.
- If the customer is contracted through a Telstra contract (‘Telstra Customer Contract’) and the Supplier is working in a Telstra partner capacity and Services are provided as a Telstra Partner, then such Services are covered by the relevant Telstra agreements /documents/terms and conditions between customer and Telstra including but not limited to:
- the accepted quote /‘scope of work’ SOW, including any special conditions, provided however that no special condition in an Order Form will be taken to override this Agreement (or the General Terms and Conditions, if applicable), unless the provision being overridden is expressly and specifically identified;
- the Service /Rate Schedule and every Quote, Proposal, Order, Plan contract (or Quotation
- in the case of Infrastructure Resale Services only);
- this Agreement;
- The Supplier’s General Terms and Conditions (by agreeing to this contract you agree to and accept the Supplier’s General Terms and Conditions provided that no special condition or a clause in this Agreement has been agreed to in this Agreement and will override the Supplier’s General Terms and Conditions (or the General Terms and Conditions for the Supply of Goods, if applicable).