Important Customer Information Your Rights and Obligations s1

14 December 2012 Optus Vision Pty Limited ABN 50 066 518 821 Page 1 Summary of the Standard Agreement for Supply of the Optus TV with Fetch Service (Consumer & SMB) IMPORTANT CUSTOMER notify us of this before the end of the powers of jurisdiction under any law or INFORMATION - YOUR minimum term. regulation (regulatory authority). Subject If we will not provide you with the service to applicable law, you may access and RIGHTS AND OBLIGATIONS at the end of the minimum term or will correct your personal information by Optus Vision Pty Limited ABN 50 066 change the terms of the agreement at the contacting us. Further privacy information 518 821 (we) will provide to you the end of the minimum term, we will notify is available in our Privacy Policy which is Optus TV with Fetch Service (the you before the end of the minimum term. available at www.optus.com.au/privacy or service) on the terms of the standard form Changing the agreement: by contacting customer service. of agreement (the agreement) for Non-fixed-length agreement: We may When you use the set top box, Fetch TV consumers for that service, unless you change the agreement by giving you may: have entered into a relevant written reasonable notice of the change if we - use and disclose personal information agreement with us (in which case the terms reasonably expect it to adversely affect about you in accordance with its privacy of that relevant written agreement will you. policy which is available onscreen via the apply). The agreement, including any Fixed-length agreement: If we make a 'Settings' menu on the user interface; application, contains full details of the change to a fixed length agreement - collect information from your set top box service and the terms and conditions of which impacts you we must give you or set top boxes, including viewing habits supply of the service including charging, notice in writing of the change, on fair data; and billing, term and cancellation. This is a terms, and the right to cancel the - aggregate and disclose summary of the agreement. It is designed service. viewing habits data to us or to other third to give you information about what the You can change your selection of parties (including, for example, businesses agreement covers and some of its packages in any manner accepted by us that want to advertise via the service), but important terms. If you would like more and your minimum term will remain this will not include information that detail about your rights and obligations, unchanged. You cannot make any other identifies you personally to them. you should read a copy of the agreement. changes to the agreement without our Use of the service: A copy of the agreement together with any consent. The service may only be used in a updated version of the summary is Personal information about you: customer’s private residence and must not available here or on request. Terms used in Personal information about you includes be used in a business location. We will this document which are not otherwise your name, address, credit rating and provide the service to you with due care defined in this document will have the details of your usage of the service and and skill. You must use the service in same meaning as in the agreement. If records of that usage. accordance with the agreement and ensure there are any inconsistencies between this In accordance with applicable privacy laws that any person you allow to use the summary and the agreement, the and principles, we may collect, use and service complies with the agreement. agreement will prevail to the extent of any disclose personal information about you: Equipment: inconsistency. - to decide whether to start, stop or limit All Optus owned equipment remains our SUMMARY OF MATERIAL TERMS supply to you of credit, the service, or property. You are responsible for any AND CONDITIONS products and services of other Optus damage, loss or theft of any equipment Description of the service: group companies. If you do not supply owned by us. The service is a service through which part or all of the personal information Fault reporting and rectification: digital television is delivered to you via we request, we may refuse or limit the We will repair faults within our network. a fixed broadband service and a free to supply to you of credit or the service. We are not responsible for repairing any air television aerial connection. The - for purposes related to the supply of fault in the service which is caused by a service is only accessible using a digital the service (including account supplier's network, equipment that is not set top box which is a personal video management, business planning, product owned by us or facilities outside our recorder allowing you to pause and development) and to provide you with network. If we investigate a fault that is rewind live free to air channels and information about promotions, as well as caused by equipment that is not owned by record free to air television programmes products and services of other Optus us, we may charge you for the cost of to watch at a later point. group companies and other investigating and repairing the fault. Provision of the service: organisations. You may opt out of If we investigate a fault and determine that Non fixed-length agreement: We will receiving communications that are not the fault is caused by your breach of this provide the service until it is cancelled in related to your account or legally agreement, a negligent or fraudulent act or accordance with the agreement. required by contacting customer service. omission by you or a failure of any of your Fixed-length agreement: We will provide - from and to: credit reporting agencies, equipment, we may charge you the cost of the service for the minimum term of the credit providers, another Optus group investigating and repairing the fault. For agreement or until the service is cancelled company, unrelated third parties, residential customers to report a fault, in accordance with the agreement. suppliers and joint venture partners (but please contact our 24 hour fault report line Conclusion of minimum term of fixed- only for the purposes set out above). on 133 937. For small and medium length agreement: We may be required or permitted by law to business customers to report a fault, please If neither you nor we cancel the service at collect, use or disclose personal contact our 24 hour fault report line on 133 the end of the minimum term, the information about you, for example, from 343 . agreement will become a non-fixed length and to: the operator of the Integrated Fees and charges: agreement. Public Number Database, emergency Information about fees and charges If you do not wish to continue the service services organisations or to any under the agreement is set out in the at the end of the minimum term, you must government or local authority, department, standard pricing table. You are minister, agency or similar entity having responsible for paying the fees and 14 December 2012 Optus Vision Pty Limited ABN 50 066 518 821 Page 2 Summary of the Standard Agreement for Supply of the Optus TV with Fetch Service (Consumer & SMB) charges for the service (set out in the an electronic bill sent to you by email by manager will take responsibility for your standard pricing table or under a enrolling at issue. A record of your complaint is kept promotion or offer made by us), any www. optus.com.au/myoptusaccount. on your file and we can view this when additional fees and charges under the Payment processing fee you quote the account or service number agreement (including any application If you choose to make a payments via on your bill. If you have written to us or fee) and those fees and charges which BPay savings or Direct Debit Bank emailed, we will respond to your are notified by us in accordance with the Account then no processing fee will apply. complaint within 2 business days of agreement. You must pay all fees and Payments made via credit or charge card receipt and provide you with an charges incurred for the service, even if incur a 1% processing fee. Payments made indication of how long it will take to you did not authorise its use, the service is via an Australia Post outlet also incur a resolve. We will not implement a unavailable or you are unable to access the processing fee. For details go to resolution unless you have accepted it. If service (see Complaints and disputes for optus.com.au/payments our consultants or managers are not able exceptions). Single bill: We may place one or more to resolve your concerns we will refer Charges may include: monthly usage services that you have with us on a single your complaint to our Customer charges, access fees, suspension and bill. At the point of sale you may choose Relations Group and you will receive a cancellation fees, reconnection or to have all services billed individually. If complaint reference number. We will reactivation fees, late payment fees, you receive a single bill, afterwards it may give priority to urgent complaints, such payment dishonour fees, charges for not be possible to obtain individual bills as those referred by our financial damage or loss of the Optus owned for your services. hardship team and where a customer has equipment, charges for replacement Paper bill vs My Account online bill: lost service, or we become aware that a equipment, mercantile agent recovery fees, If you have registered for My Account but service may become lost. If you feel paper invoice fees, and Australia Post do not enrol for online billing, we may your complaint is urgent and requires payment fees. The amount of the service automatically enrol you for online billing priority for any other reason, please let charges will depend on the additional and cease to provide you with a paper bill. us know. If you are not satisfied with services you select and may also vary However, if you notify us that you would our review of your complaint, or with depending on any discounts that might prefer to receive a paper bill posted to you, the way in which we have handled the apply. If you would like further details we will provide you with a paper bill complaint, you can ask the about our charges, please refer to the instead of a My Account online bill and Telecommunications Industry standard pricing table or contact us on charge you the paper invoice fee. Ombudsman (TIO) to assist. To lodge a 1300 300 693. We may ask you to make a If you do not pay your bill by the date complaint with the TIO you can call pre-payment usage charge or an interim payment is due we may charge you a 1800 062 058 (1800 675 692 from a good-faith payment (including for late fee, suspend or cancel the service TTY handset) or contact them via their example, if there has been an unusually (in which case we may charge you a website www.tio.com.au . If your high use of the service). suspension fee and/or reconnection or complaint is about a fee or charge for We may offer promotions or offers in reactivation fee), engage a mercantile the service, we may suspend payment connection with the service (specials). If agent to recover the money you owe us, obligations for that fee or charge until you accept a special, the price and terms institute legal proceedings against you to the complaint is resolved. All other fees of the special will prevail over those recover the money you owe us and and charges not in dispute remain due otherwise applicable under the assign our rights to any unpaid amounts and payable. Where your complaint is agreement for the duration of the special to a third party (in which case you will about a significant and sustained loss of until the special expires and then the full be responsible to the third party for access to, or use of, the service and the terms of the agreement will apply. payment of the bill). loss was not as a result of circumstances Billing and payments: Taxes: reasonably attributable to you or non The service will be billed to the linked Unless indicated otherwise, the fees and Optus owned equipment, you may be Optus account that you nominate at the charges set out in the agreement include entitled on request to a refund or a time of ordering the service. GST and any other applicable taxes. rebate of any access fee for the period in We will bill you on a regular basis Complaints and disputes: which your access or use was (either in advance or in arrears). We A full version of our complaint handling interrupted. may include unbilled service charges in policy can be found on our website or Cancelling the service: a later bills(s). Itemised bills are you may request a copy by contacting You may cancel the service at any time available on request at no additional Customer Service. You may nominate a by giving us 30 days notice. You may charge. You must pay each bill in full representative to speak to us on your also cancel at any time without liability, by the due date shown on it, or as behalf. Optus will not charge you for by giving us notice, if we breach a otherwise notified by us. You may pay handling your complaint. You may material term of this agreement and your bill by one of the payment methods contact us by speaking to Customer cannot remedy the breach or do not do set out in the payment notification, on Service on the numbers listed below in so within 30 days of you giving us the back of the bill or on our website. ‘Contact Details’, emailing us at notice to do so. You may elect to receive your monthly optus.com.au/contactus, writing to us at If you acquire the service through door- invoice by BPay view, once you have PO Box 306 Salisbury South, SA 5106 to-door sales, telesales or telemarketing registered with your bank. We do not or by speaking to the staff at our stores. sales, you may cancel the service before charge for this invoice delivery method. The quickest way to resolve your the end of the 10 business day cooling- Paper invoice fee: A fee will apply if you complaint is by speaking with one of our off period set out under the Australian choose to receive a paper bill posted to Customer Service consultants. If they Consumer Law. you. To avoid this fee you may change to are unable to solve your problem a Our right to cancel the service 14 December 2012 Optus Vision Pty Limited ABN 50 066 518 821 Page 3 Summary of the Standard Agreement for Supply of the Optus TV with Fetch Service (Consumer & SMB)

Non fixed-length agreement: We may If the service is cancelled during the reactivate the service, a reconnection or cancel the service at any time by giving minimum term of a fixed-length reactivation fee. you at least 30 days notice. agreement due to circumstances Consumer guarantees: Non fixed-length agreement or a fixed- attributable to you, you must pay us the Any warranty or guarantee offered on our length agreement: We may cancel the cancellation fee. goods or services is in addition to your service at any time if: there is an If the service is cancelled due to other rights and remedies as a consumer emergency, we reasonably suspect fraud circumstances attributable to you and we under Australian law, including those by you or another person, any amount reinstate the service, you may have to available under the Australian Consumer owing to us is not paid by its due date pay a reconnection or reactivation fee. Law. For example, exceptions apply to and you do not pay that amount within Suspending the service: cancellation fees if you terminate in 10 business days of receiving notice Our rights to suspend the service accordance with our warranty or guarantee from us, we reasonably consider you a We may suspend the service at any time offered on our goods or services or in credit risk because of an amount owing without liability if: there is an emergency, accordance with your statutory rights to us or any Optus group company, you to allow us or a supplier to repair, maintain including the Australian Consumer Law. breach a material term of this agreement or service any part of our network or a Liability: and cannot remedy the breach, or do not supplier's network, we reasonably suspect Your liability to us remedy the breach within 30 days of fraud by you or another person, we believe You are liable to us for any breach of receiving notice from us, we are there has been an unusually high use of the the agreement causing foreseeable loss required to do so to comply with an service, any amount owing to us in respect to us. You are not liable to us for order, instruction, request or notice of a of the service is not paid by the due date consequential loss which is not a result regulator, emergency services and you fail to pay that amount in full of something you have done. organisation, other regulatory authority within 10 business days after we give you Our liability to you or under law, you become insolvent and notice, we reasonably consider you a credit Under the Australian Consumer Law, if we reasonably believe we are unlikely to risk because any amount owing to us or you purchase goods or services from us receive payment for amounts due, you another Optus group company is not paid which cost less than $40,000, or which die or, if you are in a partnership, the by its due date and you fail to make that are normally acquired for personal, partnership is dissolved and we payment within the required period after domestic or household use, then certain reasonably believe we are unlikely to receiving notice from us or an Optus group consumer guarantees apply to those receive payment for the amounts due, company, you breach a material term of goods and services. Our goods come you suspend your linked Optus account this agreement and you either cannot with guarantees that cannot be excluded and the service is suspended for more remedy the breach or do not remedy the under the Australian Consumer Law. than 14 days, an intervening event breach within 30 days after we give you You are entitled to a replacement or prevents the supply of the service for notice to do so, we are required to do so refund for a major failure and more than 14 days or we are otherwise to comply with an order, instruction, compensation for any other reasonably entitled to do so under the agreement. request or notice from a regulator, foreseeable loss or damage. You are How you can cancel the service emergency services organisation, other also entitled to have the goods repaired You can notify us that you wish to regulatory authority or under law, there or replaced if the goods fail to be of cancel the service by calling us. are problems connecting our network to acceptable quality and the failure does You can also cancel the service by a supplier's network, you become not amount to a major failure. The electing to have an equivalent service insolvent and we reasonably believe we consumer guarantees apply in addition provided by another carrier or carriage are unlikely to receive payment for to any express warranties which are service provider. The carrier or carriage amounts due, or you die or, if you are in given. We accept liability to you in service provider will notify us and we a partnership, the partnership is accordance with the Australian will cancel the service immediately. dissolved and we reasonably believe we Consumer Law (as amended from time What happens if the service is are unlikely to receive payment for the to time) and other laws. Except where cancelled? amounts due or we are otherwise otherwise provided under the Australian If the service is cancelled: you are liable entitled to do so under the agreement. Consumer Law or other laws: for any charges incurred up to and What happens if the service is · we may be liable to you in including the date the service is suspended? connection with the agreement and cancelled, you authorise us to use any If the service is suspended, while it is the supply or interruption of the over payment on your account/money suspended you must continue to pay fees service only to the extent provided in paid in advance to pay for any for the Connect the agreement; and undisputed outstanding charges, if there package and for any additional services · we are not liable to you for are no outstanding charges and the to which you have subscribed. If the consequential loss. service is not a pre-paid service we will suspension was not as a result of Assignment: refund on a pro-rata basis any over circumstances attributable to you or non We may assign our rights under the payment and money you have paid in Optus-owned equipment you may be agreement to any person. We may advance for the service, if you are entitled on request to a refund or a transfer our obligations under the required to pay for the service by direct rebate of any access fees for the agreement to any Optus group company. debit payment you authorise us to debit suspension period. If the suspension was We may perform any of our obligations any undisputed outstanding charges a result of circumstances attributable to by arranging for them to be performed (including any cancellation fee) from you, you may have to pay us a by another person. your credit card or bank account. suspension fee and, if you wish to You may assign your rights under the agreement with our prior written 14 December 2012 Optus Vision Pty Limited ABN 50 066 518 821 Page 4 Summary of the Standard Agreement for Supply of the Optus TV with Fetch Service (Consumer & SMB) consent. You may transfer your purpose other than private or domestic cancellation fee. A new minimum term obligations under the agreement if the purposes, and you must not sub-licence, will commence. person you wish to transfer them to sell, lease, lend, upload, download, If you move premises before the end of successfully meets the application communicate or distribute it, or any part of the minimum term and you do not wish requirements for the service. it, to any person. You must ensure that the to continue receiving the service or the Intellectual property rights: service is used lawfully and in accordance service is not available at your new You must not infringe another person's with the agreement and with Fetch TV's address, we will cancel the service and intellectual property rights or otherwise Copyright Policy which is available charge you a cancellation fee. breach any laws in using the service. If onscreen via the 'Settings' menu on the You must give us at least 30 days notice you do so we may suspend or cancel the user interface. of your new address. service without notice. To order, subscribe to, or view an adult Equipment Commission programme or restricted channel, you must In order to access the service you need We may pay a commission to any of our be over 18 years of age. You can use your equipment which is approved and meets personnel in connection with the personal identification number to limit the minimum system requirements. agreement. access to channels and programmes which You must use the Optus owned Additional information about the can be purchased under the agreement. equipment and additional equipment we service: You must ensure that you keep your provide to you only for the purposes of Notification of changes to the personal identification number confidential receiving the service and in accordance agreement and use it responsibly, and that only with manuals or operating instructions. You consent to us notifying you of persons authorised to purchase an adult You must not connect any other changes by sending you email at your programme or other restricted content equipment to the Optus owned primary email address. We may also services do so. equipment or remove any of the Optus notify you of any changes on the Optus We may monitor your account to ensure owned equipment without our consent. website or the Optus customer portal. you are complying with the agreement. We You should take care when moving or How will we supply the service to you? will investigate misuse of the service. If relocating the Optus owned equipment We may modify aspects of the service we find that you have misused the service as moving or relocating it may cause and the delivery of the service to you. we may recover from you any costs of irreparable damage to it. Eligibility investigating the misuse and any Warranties To be an account holder you must be over compensation we are required to pay to In addition to any rights under the 18 years of age. The service will be another user as a result of your misuse. statutory warranties and consumer provided in your home which must be Recording guarantees, we provide the warranty located within Australia. You cannot You may only use the recording period with the Optus owned equipment access the service outside Australia. Until functionality of the service for the purpose we supply to you at no extra cost. we successfully activate the service, we of viewing programmes at your address at Data usage If you connect your Optus TV cannot guarantee that the service is a more convenient time. with Fetch set-top box to an Optus Fixed available at your address. You must have a Recording functionality may not be Broadband service, data usage generated linked Optus account, which may be an available for use with all channels. by purchase and/or download of content Optus Post-Paid Mobile account, an Optus Acceptable Use Policy will be zero-rated. Data usage generated by Fixed Broadband account. You must have You must comply with our Internet downloads and uploads associated with an active fixed broadband connection with Acceptable Use Policy when using the meta-data, User Interface components, a download speed of at least 3Mpbs. You service. This policy is designed to ensure images and graphics, movie trailers, must be able to connect the Optus owned that your use of the service does not break YouTube on TV, Applications, EPG equipment to a television with a spare any laws, hinder the efficient operation of information and software updates will not video input. You must have access to free our network, interfere with the rights of be zero-rated. This may result in your to air digital television services via an Optus customers, or interfere more broadband service being throttled if you external television antenna connection. generally with the rights of Internet users. are very close to your data limit. You must have a spare Ethernet port on The full policy is set out in Appendix H If you connect your Optus TV with Fetch your broadband modem. to the agreement. set top box to any other Broadband service Use of the service Installing the service apart from an Optus Fixed Broadband The service is for your household's own You are responsible for installation of service, all data usage will be rated and private or domestic use and is not to be the equipment that we provide to you. If you may incur data usage charges resold or used for any commercial or you do not own your premises, you need depending on your broadband service business purpose. We are not responsible to obtain the owner's permission to enter provider and plan. for any Internet content that may be the premises and install the service. If obtained via the service. You must not you are unable to install the equipment, Disability equipment: We offer a range duplicate, alter, retransmit, redistribute or you may request us to refer your contact of specific services for people with otherwise deal with the content or any part details to a third party installer. disabilities consistent with our Disability of the content in any way, including by or Cancellation of the service Action Plan. This plan is available on our through any computer network including If the service is cancelled you must website www.optus.com.au/disability or the internet. All content listed in the immediately return the Optus owned by contacting Customer Service. electronic programme guide is the property equipment. Other formats / languages: of us, Fetch TV or our other third party If you move premises This summary is accessible online at suppliers. You must not use the electronic If the service is available at your new http://www.optus.com.au/standardagreeme programme guide or any part of it for any address we will not charge you a 14 December 2012 Optus Vision Pty Limited ABN 50 066 518 821 Page 5 Summary of the Standard Agreement for Supply of the Optus TV with Fetch Service (Consumer & SMB) nts. It is also available in other formats or in other languages upon request. Notices: to the extent permitted under the agreement and by law, we may send you any notices to either the postal address, email address, or any other contact details which you have disclosed to us. You may contact us on the details below.

CONTACT DETAILS

Customer Service

By phone (Consumer) –

General & Billing Enquiries: 133 937

Technical Support: 133 937 By phone (SMB) –

General, Billing and Technical Enquiries: 133 343

On the Internet – www.optusnet.com.au/help/optustv

National Relay Service

133 677

Translating and Interpreting Service

131 450

TTY Customers

1800 500 002