Netspace Customer Terms Edition 12 July 2007 Part 1 – Introduction 1. Welcome Welcome to Netspace Customer Terms. These are Our standard terms of business. (We may also refer to them as ‘Our Standard Form of Agreement’ or ‘SFoA’.) There’s an index at the end to help You find things. 2. It’s not so complicated Netspace Customer Terms cover a wide range of services and goods, so it’s quite a long document. But many parts of it are only relevant to You if You obtain a particular service or goods from Us. You can ignore the rest. We have done Our best to make it easy to understand which parts are relevant to which Services. 3. A general outline Netspace Customer Terms is made up of numbered ‘Parts’ – like this. Part 3 contains Our ‘Core Terms’. These apply to all Our Services and Contracts. Several of the other Parts are ‘Service Terms’. They only apply to certain Services and Contracts. For instance, Our ‘Local Call Service Terms’ apply if You obtain a local telephone call Service from us. Part 13 includes very important information about consumer rights. Each Part begins with an explanation of what it applies to. 4. Some legal information Netspace Customer Terms are a ‘Standard Form of Agreement’ under section 479 of the Telecommunications Act 1997. That means that they automatically operate as the terms between Us and You, whenever We supply You with services or goods. 1/112 Netspace Customer Terms Edition 12 July 2007 (Exception: see clause 9 if You are a Carrier or Carriage Service Provider.) If We agree in writing to vary any terms by Special Conditions, that is part of Your Contract. Otherwise, Netspace Customer Terms apply as You see them here. Netspace Customer Terms are the entire contract between Us and You. No other promise, representation, condition, term or provision forms part of it, except for any that are implied by law and cannot lawfully be excluded. 5. Information Accessibility Please note that: • Our Customer Assistance Line telephone number is 131 456. • The National Relay Service telephone number is 133 677. • The Translating & Interpreting Service telephone number is 131 450. 2/112 Netspace Customer Terms Edition 12 July 2007 Part 2 – Contracts Code: Important terms 6. About ‘important terms’ All Netspace Customer Terms are important, and they apply as stated to Your Contract. However, the Contracts Code asks Us to highlight certain kinds of ‘important terms’. Here’s a quick guide to finding them in Our Core Terms. The type colour in the list below is used to mark those kinds of terms in the Core Terms: 6.1. the types of charges that apply to the supply of the relevant goods or services 6.2. the amount of the charges or their manner of calculation for the relevant goods or services and any circumstance or condition that must exist before a charge becomes payable 6.3. payment obligations (including time for payment, minimum payments and late payment fees) 6.4. the term of the Contract (including any minimum term) and how it may be terminated early, renewed or extended (including any notice periods) 6.5. the termination rights of each party (including any notice periods or fees and charges payable upon early termination) 6.6. how the Contract may be amended or varied (including the minimum period of notice before the variations take effect, how Consumers will be notified of the variations) and any rights for the Consumer to exit the Contract that may arise 6.7. how Consumers may obtain or access a copy of amended or varied terms or a complete up-to-date copy of the Contract 6.8. terms which impose liabilities upon the Consumer in addition to the obligation to pay fees and charges such as liability for damage to equipment or goods or charges for loss or failure to return Supplier property (e.g., SIM cards) 6.9. terms which impose conditions or restrictions which may apply to use of a service (e.g., limits on call volumes or downloads) 6.10. privacy terms and conditions 3/112 Netspace Customer Terms Edition 12 July 2007 Colour-coding is purely a general guide for convenience, and does not limit the operation of Netspace Customer Terms in any way. 4/112 Netspace Customer Terms Edition 12 July 2007 Part 3 – Core Terms 7. Services, Service Schedules and Plans 7.1. We supply a range of Services. 7.2. All Services are subject to these Core Terms. 7.3. Each category of Service is also subject to one or more Service Schedules that particularly relate to that category. e.g. Internet Service is subject to Our Internet Service Schedule, and Local Calls Service is subject to Our Local Calls Service Schedule. 7.4. Services are available in a range of Plans, with specific features, entitlements, Charges, conditions and Contract Terms. 7.5. Some Services are only available on Application (e.g. post- paid Internet Access). Others do not require an Application (e.g. prepaid international phone cards). 7.6. We may notify You of other conditions e.g. in the terms of an advertised offer. 7.7. In unusual cases, We may agree in writing with You on Special Conditions that apply to Your Contract. 8. Your Contract with Us When We supply You with a Service, it is under a Contract that consists of: • any Special Conditions • any other conditions We notify to You • Your Application • the applicable Plan • applicable Service Schedule/s, and • these Core Terms. A document higher on that list prevails over a lower document where they are inconsistent. 5/112 Netspace Customer Terms Edition 12 July 2007 Contracts Code: If a term in a Plan or Service Schedule is contrary to the Contracts Code, it must be read so that it complies with the Code. 9. If You are a Carrier or Carriage Service Provider 9.1. Standard Forms of Agreement do not apply to a Carrier or CSP by virtue of the Act. 9.2. However, if You are a Carrier or CSP, Netspace Customer Terms apply by virtue of being Our standard terms of business. 10. When Netspace Customer Terms come into force 10.1. Each edition of Netspace Customer Terms is identified by the date it comes into force (at 12.01 a.m.). 10.2. Edition 22 August 2006 comes into force at 12.01 a.m. on 22 August 2006. 10.3. It applies to all Fixed Term Contracts and Renewals that start after that time. 10.4. It applies to applies to all Monthly Contracts from the start of their next Billing Period. 11. Netspace Complete acceptable use policy Your use of the Service is subject to the Optus DSL Acceptable Use Policy (which Optus refers to as Appendix H to its Standard Form of Agreement). 12. Applying for Service (1): When We’ll provide Service We will supply You with Service if: 12.1. You apply on Our current application form (if any) for the Service, 12.2. You complete the application form (if any) properly, 6/112 Netspace Customer Terms Edition 12 July 2007 12.3. You supply all the information We need to provide the Service, 12.4. You, Your Premises and equipment satisfy any Service Requirements for the Service, 12.5. We have capacity to provide the Service, 12.6. You satisfy Our credit policy, 12.7. You comply with Netspace Customer Terms, and 12.8. We agree to provide the Service – but We can waive any of those requirements at any time, in Our absolute discretion. 13. Applying for Service (2): Oral, etc, applications 13.1. We may not necessarily require an application form. 13.2. If We choose, We may receive Your application orally, electronically, or by other means. 14. Applying for Service (3): General 14.1. We do not have to accept any application. 14.2. You appoint Us as Your agent to do anything (including executing all documents) necessary or desirable for Us to provide Service to You, including the exercise of any customer authorisation necessary to port, transfer, cancel or otherwise deal with a telephone number or a service supplied by another supplier. 15. Resellers 15.1. We may permit various people to market and supply or recommend Our Services (‘Resellers’). 15.2. A reseller may be: • Our agent or an independent contractor, • paid on a commission basis, • entitled to collect payment of Bills on Our behalf. 15.3. If You acquire entitlements to a Service from a reseller, Netspace Customer Terms apply to the supply. 7/112 Netspace Customer Terms Edition 12 July 2007 16. When a Contract starts and ends 16.1. A Contract for a Prepaid Service starts when We accept Your payment. 16.2. A Contract for any other Service starts when We accept Your application. 16.3. Your Service may not start immediately. We may have to make arrangements to provision it. We shall keep You reasonably informed. The fact that Service has not yet started does not mean You can elect not to proceed with Your Contract. Not proceeding counts as early termination. 16.4. A Contract ends as per Netspace Customer Terms. 17. Upgrade Offers If: • We offer You additional Feature/s or allowance/s to those in Your existing Contract (‘Upgrade Offer’), and • We also allow You to decline to accept Our offer and continue Your Contract unchanged, and • You take up Our offer by commencing use any of the additional Feature/s or allowance/s – then You commence a new Contract on the same terms as Your old one except that: • it includes the additional Feature/s or allowance/s, and • the Term is: o if the Upgrade Offer specifies it – the original Term of Your old Contract, but otherwise o the remaining part of the Term of Your old Contract.