ABG Customer Contract

DEFINITIONS

"Agreement" means including the Customer Application Form, together with these terms and conditions and Your nominated Internet Access plan.

"Application" means application form, the electronic, paper, voice or other form of application lodged by You.

“Australian Broadband Guarantee”or “Australian Broadband Guarantee Program” means the Australian Government's funding Program described in the Program Guidelines issued in July 2009 and available at http://www.dbcde.gov.au/abg

“Business” means an enterprise or going concern with an Australian Business number. .

"Charges" mean all Charges due to Linknet for use of the Internet Access, in accordance with this Agreement.

“CPE” means customer premises equipment that enables customers to access broadband services. Examples include modems, satellite dishes, antennae for wireless services and related cabling or another equipment installed to enable the supply of the broadband service.

“Customer” according to the context, means: a) a person who is seeking a broadband service or has been approached about receiving a Service under the program by a provider b) a prospective recipient of a Program Service who has expressed an interest in receiving a Service from a Provider c) if applicable, a person who has declared that they cannot receive a Category B or Category C Service from a Provider or d) a person eligible to receive a Service with whom a Provider has a contract to Connect and Supply a Service .

“Data Speed” means the speed at which data bits, comprising both protocol headers and data payload, are carried by a service. This contrasts with throughput, which refers to the delivery of actual payload data bits (i.e. the content useable to end-users), excluding protocol overheads. Data Speed is measured in kilobits per second, and is determined through the testing regime established by THE DEPARTMENT for the Australian Broadband Guarantee.

“The Department or DBCDE” means the Department of Broadband, Communications and the Digital Economy or such other agency of the Australian Government as may, from time to time, have responsibility for administering the Australian Broadband Guarantee Program.

“Defined Abuse" means misuse of the Internet Access in an unlawful manner to menace or harass others.

“Eligible Customer” means: (a) a Residential Customer; (b) a Small Business with 20 or fewer permanent FTEs at the time of application for a Australian Broadband Guarantee Service; (c) a Not-for-profit Organisation with 20 or fewer permanent FTEs at the time of application for a Australian Broadband Guarantee Service, except in the case of Indigenous Community Councils where the FTE limit does not apply; or (d) a Not-for-profit Organisation where the service supplied is for the provision by the organisation or agency of a Public Access Internet Facility on a not-for-profit basis.

“Eligible Premises” in relation to a Residential Customer means: their sole or principal place of residence that is self-contained and supports independent living. This includes: a) a distinct house, including a granny flat on a block of ground under a single title b) a flat or apartment in a block of flats or apartments c) houses, cottages or other dwellings on a farming property that are separate places of residence for the property owner and staff member(s) QF - ABG Customer Contract pg 2 of 14 Version: 1 Rev: 0 d) self-contained and distinct places of residence within retirement villages and nursing homes e) a caravan, cabin or like structure that is permanently located at a caravan park (i.e. the premises cannot be moved) and is the principal place of residence of the Customer f) a permanently moored vessel that is the principal place of residence of the Customer g) self-contained and distinct places of permanent residence (for more than six consecutive months) within a military establishment, mining or work camp, mining town or isolated community.

Or “Eligible Premises” in relation to a Small Business Customer means: a business premises distinct from and separate to a residential premises where he business has: a) a total employment of 20 or fewer FTEs across Australia (including in any subsidiary offices such as branches or direct-employed agents). This includes franchises providing the franchisee is a separate legal entity from the franchisor and the franchisor is not in partnership with, or does not own all or part of, the franchisee b) a unique Australian Business Number c) a unique work location if the business is co-located in premises with other businesses, the business must have a clearly identified work location .

"Equipment" means any hardware or related goods supplied to You by Linknet for use with the Internet Access.

“Australian Broadband Guarantee Added Value Service” means a service that provides: (a) access to the Internet; (b) a peak Data Speed of at least 1024 kbps to the Customer and 256 kbps from the Customer; (c) average data download and upload speeds of at least 60 per cent of these peak speeds at least 75 per cent of the time as measured according to a prescribed Australian Broadband Guarantee testing schedule for test computers located in different geographic regions. (d) a minimum monthly usage allowance (download and upload) of at least 5GB; (e) availability 99 per cent of the time, averaged over a quarterly period; (f) free 24 hour fault reporting; (g) staffed help desk services as agreed between THE DEPARTMENT and the Australian Broadband Guarantee Provider; (h) where Customer usage limits apply, Customer usage information updated at least once per day; (i) the ability, upon request of the Customer, to inform the Customer of current usage and any associated costs; (j) a package including equipment, installation (but not travel costs) and monthly usage over three years at a price which is reasonable (commensurate with the additional features) relative to the price of the Threshold Service using the same service solution.

“Australian Broadband Guarantee Area” means all of Australia other than the Metropolitan Exclusion Area and, unless otherwise prescribed for the purposes of section 8B of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Consumer Protection Act), External Territories.

“Australian Broadband Guarantee - compliant Pricing” means that the price of a particular Higher Bandwidth Service meets the price requirements of a Australian Broadband Guarantee Threshold Service or the equivalent Australian Broadband Guarantee Added Value Service being offered under the Australian Broadband Guarantee.

“Australian Broadband Guarantee Customer” please see “Customer” QF - ABG Customer Contract pg 3 of 14 Version: 1 Rev: 0

“Australian Broadband Guarantee Entry Level Service” means: a) Access to the Internet at a peak download/upload Data Speed of at least 256/64 kbps and at least 500 MB per month usage allowance (with no restrictions within these limits on downloads or uploads or usage time or peak/off peak limitations). b) A price to the Customer over three years, including equipment, installation, connection, account establishment and ongoing provision of service, that is appropriately discounted below the threshold price cap, and that appropriately takes into account the speed and functionality of the service and the incentive payment applying to the service. The price excludes the cost of installing a fixed line telephone service to premises where such a service is available but not connected. No additional installation costs are to be charged to the Customer for non-standard installations. A non-standard installation may include but not be limited to installation of larger satellite dishes, cyclone-proofing of equipment and areas, higher gain receivers and separate mountings. c) Network Availability 99 per cent of the time (averaged over a quarterly period) with average data download and upload Data Speeds of at least 60 per cent of the specified peak Data Speeds at least 75 per cent of the time as measured in accordance with the Department's Data Speed testing regime, as described in Section 4.6 and set out in detail on the Department's website at www.dbcde.gov.au/abg d) Shaping of data to no less than 64 kbps at no cost or excess data charges of no more than five cents per megabyte with no shaping for any data used above the specified monthly Data Usage Allowance (which may include advance purchase of blocks of data). .

“Australian Broadband Guarantee Premises” means Eligible Premises where an Australian Broadband Guarantee Service is being received.

“Australian Broadband Guarantee Provider” means a Service Provider registered under the Program and with whom THE DEPARTMENT has an Agreement, who is providing Australian Broadband Guarantee Services under the Program.

“Australian Broadband Guarantee Program Service” means an Internet service meeting the performance and pricing requirements of the Australian Broadband Guarantee that is registered under the Program and included for supply by a Australian Broadband Guarantee Provider under its Agreement.

“Australian Broadband Guarantee Service Area” means the Eligible Premises that have been included in the Agreement of a Australian Broadband Guarantee Provider as the Premises to which it will offer a particular Australian Broadband Guarantee Service.

“Australian Broadband Guarantee Threshold Service” means: a) Access to the Internet at a peak download/upload Data Speed of at least 512/128 kbps and at least 3GB per month usage allowance (with no restrictions within these limits on downloads or uploads or on usage time or peak/off peak limitations). b) A price to the Customer over three years of no more that $2500 (GST inclusive) including equipment, installation, connection, account establishment and ongoing provision of service. This amount excludes the cost of installing a fixed line telephone service to premises where such a service is available but not connected. No additional costs are to be charged to a Customer for non-standard installations. A non-standard installation may include installation of larger satellite dishes, cyclone-proofing of equipment, higher gain antennas and separate mountings where necessary. The Service must not be conditional on other services being purchased (such as bundling, as outlined in Section 2.3.4.1). c) Network Availability 99 per cent of the time (averaged over a quarterly period) with average data download and upload Data Speeds of at least 60 per cent of the specified peak Data Speeds at least 75 per cent of the time as measured in accordance with the Department's Data Speed testing regime, as described in Section 4.6 and set out in detail on the Department's website at www.dbcde.gov.au/abg d) Free help desk support for Customer connection problems and service faults. e) The ability for the Customer to be informed within 24 hours of current data usage and any associated costs. f) Shaping of data to no less than 64 kbps at no cost or excess data charges of no more than five cents per megabyte with no shaping for any data used above the specified monthly Data Usage Allowance (which may include advance purchase of blocks of data).

“Australian Broadband Guarantee Threshold Service” means a service that provides: (a) access to the Internet; (b) a peak Data Speed of at least 512 kbps to the Customer and 128 kbps from the Customer; (c) average data download and upload speeds of at least 60 per cent of these peak speeds at least 75 per cent of the time as measured according to a prescribed Australian Broadband Guarantee testing schedule for test computers located in different geographic regions. (d) a minimum monthly usage allowance (download and upload) of at least 3GB; QF - ABG Customer Contract pg 4 of 14 Version: 1 Rev:0 (e) availability 99 per cent of the time, averaged over a quarterly period; (f) free 24 hour fault reporting; (g) staffed help desk services as agreed between THE DEPARTMENT and the Australian Broadband Guarantee Provider; (h) where Customer usage limits apply, Customer usage information updated at least once per day; the ability, upon request of the Customer, to inform the Customer of current usage and any associated costs; a package including equipment, installation (but not travel costs) and monthly usage over three years at a price of up to $2500; or a package including equipment, installation (but not travel costs) and monthly usage over three years at a price of up to $2500 where additional features or functionality of a value equal to or exceeding the additional price allowance are provided.

"Implied Term" means a term implied into this Agreement by consumer protection legislation and which such legislation prohibits from being excluded, modified or restricted. “Incentive Payment” means the amount of funding paid to a Provider for the provision of a Program Service. The level of payment which may apply can vary. .

"Internet Access" means connection to the Internet using hardware, software and protocols supported by Linknet, and use of any additional services provided by Linknet. “kbps” means kilobits per second.

“Linknet” means Linknet Communications NSW Pty. Ltd. (ACN 105 220 399) and its successors in business, agents, administrators, substitutes and permitted assigns. "Linknet" also means Linknet and its related bodies corporate.

"Material" means information sent or received through the Internet Access. This includes without limitation text, graphics, software, sound, video, e-mail, and any other form of electronic information.

“MB” means megabyte which equals 1024 kilobytes.

"Plan Period" means the duration of the Internet Access plan You have nominated.

“Pricing for a New Australian Broadband Guarantee Service” means the prices that a Australian Broadband Guarantee Provider charges for a Australian Broadband Guarantee Service provided to a Customer.

“Residential Customer” is a Customer who requests that a Program Service be provided at Premises that are their principal place of residence, primarily for private and personal use. Premises of a Residential Customer include those places of residence described as a "Eligible Premises" for a residential customers in these definitions.

"Storage Facility" means any facility provided by Linknet, which allows You to store information, including but not limited to Your e-mail mailbox and Web space.

"You" means the person named in the Application.
“Your” means in relation to You.

1: GENERAL

1.1. These terms and conditions refer to Wireless Broadband Services provided by Linknet registered with THE DEPARTMENT as being either a: Australian Broadband Guarantee Threshold Service; or Australian Broadband Guarantee Added Value Service; or Australian Broadband Guarantee Entry Level Service. Details of these Services are available in the Linknet Australian Broadband Guarantee Service Application Form and displayed on the Linknet website at http://www.linknet.com.au
1.2. Subject to conditions 1.14 and 1.15, an Australian Broadband Guarantee service will be available to you for a period of 3 years from the date of service activation. The Customer may migrate between the Linknet ABG Wireless Service Plans at a cost of $0.00 that reflects the administrative cost to the provider of the migration, and is always entitled to return to the original Australian Broadband Guarantee Service.
1.3. Linknet Australian Broadband Guarantee Services have an initial contract period of twelve (12) months. At the conclusion of the initial 12 month contract term, the Customer has the right to renew for a negotiated period at a monthly price no greater than the original contracted Price.The maximum contract term of the Service may not exceed 36 months from initial Australian Broadband Guarantee Service commencement. After that, Linknet will offer You a comparable non- Australian Broadband Guarantee Service. QF - ABG Customer Contract pg 5 of 14 Version: 1 Rev: 0 1.3.1. The Customer is entitled to enter into a fixed-term contract for the supply of the Program Service for up to 18 Months from the date of the commencement of the contract.
1.4. The Customer may migrate between Linknet's Australian Broadband Guarantee Services within the relevant Service Solution at a cost of $0.00 which reflects the administrative cost to the provider of the migration, and is always entitled to return to the original Australian Broadband Guarantee Service. Where a change is made mid-cycle in the billing period, Regular charges will be made pro-rata at the date of the change.
1.5. All Customer Premise Equipment (CPE) installed by Linknet, or Linknet contractors, remains the property of Linknet.
1.6. It is Your responsibility to insure CPE for any damage or loss.
1.7. Linknet commits to the connection of a new Australian Broadband Guarantee Service within 21 calendar days, (unless otherwise approved by the Department) of the Customer signing the contract. In the event of a Service outage or fault for which Linknet is responsible, Linknet commits to restoration of the Service within 2 days.
1.8. The cost of this installation is as specified on the Australian Broadband Guarantee Application Form.
1.9. The Peak data speed and maximum data quota shall be that specified for the particular Service nominated by you as indicated on your Australian Broadband Guarantee Application Form. 1.10. The Average data speed shall be at least 60% of the peak data speed for at least 75% of the time, measured over each quarterly period according to the prescribed Australian Broadband Guarantee testing schedule. Access availability will be greater than 99% over each quarterly period. This shall apply for the period of provision of the Australian Broadband Guarantee Service. The customer can test the data speed of their Australian Broadband Guarantee Service at http://bctest.com.au/speedtest.html.
1.11. You understand that, if your data usage exceeds your nominated monthly service plan quota, the service speed will be shaped to 64/64kbits for the remainder of the monthly billing cycle. There will be no additional cost or excess data charges to your account, unless you request the shaping be removed in which case excess data costs will be apply at 5 cents per Megabyte. 1.12. Linknet will provide, free of charge, a staffed help desk from 9am to 6pm Monday to Friday and 11am to 4.30pm Saturday on 1300 288 872. Fault reporting or any requests for information about, or changes to customer account details can be sent by email to abgsupport@linknet.com.au or by fax to 0266843503 at any time.
1.13. In the event of service disruption, Linknet will respond within 2 hours and will endeavour to rectify the fault by the end of the next working day if the fault is reported prior to 2pm. If a fault is reported after 2pm, Linknet will endeavour to rectify the fault by no later than the end of second day after the fault is reported.
1.14. You attest that the site for which this service is requested was not able to obtain ADSL consumer broadband service or other Australian Broadband Guarantee equivalent broadband service. You also attest that the site for which this service was requested is not able to obtain an Australian Broadband Guarantee equivalent broadband service and, to the best of your knowledge has not previously had a Australian Broadband Guarantee service connected.
1.15. You also attest that you are a residential customer, or a business with less than 20 permanent employees or a not for profit organization with 20 permanent employees or less or a not for profit organization that intends to provide public internet access facilities.
1.16. You agree to provide all necessary information to Linknet so that we can make a Australian Broadband Guarantee claim for this service.
1.17. Australian Broadband Guarantee customers churning from other providers will not have Australian Broadband Guarantee services made available to them unless THE DEPARTMENT has advised the customer that they remain Australian Broadband Guarantee eligible.
1.18. Linknet agrees to participate in the Australian Broadband Guarantee performance reporting regime required by THE DEPARTMENT for the life of the contract; except where exceptional circumstances apply (as agreed by THE DEPARTMENT) and agreement is reached with the customer to provide the service at a lower average data speed level.
1.19. These Terms and Conditions may be varied from time to time only with prior approval from THE DEPARTMENT. Notification including information about any changes to these Terms and Conditions will be sent by us to your nominated email address when approved by THE DEPARTMENT and will be published in the notices section on the Linknet Home Page at http://www.linknet.com.au.

2: INTERNET ACCESS PRICES CHARGES & BILLING

2.1 You must pay to Linknet;
2.1.1 all Charges for the Internet Access as advised to You by Linknet within the time specified for payment on the invoice. QF - ABG Customer Contract pg 6 of 14 Version: 1 Rev: 0
2.1.2 any Goods and Services Tax (GST) (or like imposition) associated with this Agreement.
2.2 Each Plan Period is charged in advance. Any additional Charges accrued during a given Plan Period are charged subsequent to the Plan Period.
2.3 Linknet may only change the Charges with the prior approval of THE DEPARTMENT. New charges will be published on the Linknet Web page.
2.4 Where You have nominated credit card payments, to the extent permitted by law You irrevocably authorise Linknet to;
2.4.1 automatically debit the Charges for the Plan (contract) Period against Your credit card;
2.4.2 automatically debit any outstanding Charges against Your credit card at any time, including after termination or suspension of the Internet Access;
2.4.3 disclose Your personal and financial details to a financial institution or credit card issuer in order to verify Your details, and determine Your ability to pay the account.
2.5 Account usage statistics for Downloaded data includes all data transferred to Your computer through the Internet Access.
2.6 You must pay disputed Charges. A credit may, at the discretion of Linknet, be issued at a later date.
2.7 Where You dispute the Charges, You must notify Linknet immediately after receiving Your bill or credit card statement. Linknet will follow the dispute resolution process as displayed on our website at: http://www.linknet.com.au/linknet/terms_and_conditions_dispute_resolution.php
2.8 You are responsible for all costs associated with Material or other products and services obtained from third parties through the Internet Access.
2.9 Where Your account is overdue, Linknet may apply an overdue charge.
2.10 Cancellation of Your Wireless Broadband Access prior to the end of Your Plan (contract) Period will attract a fee of the outstanding contract amount and may also incur an additional fee for the removal of equipment and administration.
2.11 Changing to another Australian Broadband Guarantee Linknet wireless broadband account plan does not alter the Initial Contract Period or terminate the contract agreement.
2.12 The new account plan charges will apply from the date of the upgrade to the end of the Initial Contract Period.
2.12.1 You will be charged additional set-up fees for any configuration changes required due to your upgrading, changing, or renewing your computer equipment connected to the Linknet wireless broadband service. A minimum charge of $33 (incl. GST) applies for suchconfiguration changes. If these configuration changes result in additional support beyond 15 Minutes an hourly charge of $55.00 (incl. GST) charged in increments of 15 minutes applies.
2.13 Linknet will commence the Initial Contract Period and the billing cycle for data traffic on the day of service activation and You, will be billed pro rata for the remainder of the current month. Thereafter billing will occur on the First day of each month.
2.14 You agree to pay all charges for the Wireless Broadband Service in accordance with the Australian Broadband Guarantee Linknet account pricing plans. The Details of these Plans are available at http://www.linknet.com.au/wireless.php#abg
2.15 You agree to pay all installation, Access and usage charges and any other charges (where applicable) related to the service chosen by You, by cheque, direct debit or credit card, once the Wireless Broadband service has been confirmed as available.
2.16 If You are paying by Credit Card, Linknet will initially debit Your credit card for the Installation costs and the first months Access Fee. Thereafter Linknet will debit your credit card, on the first day of each month or within 5 days after the first day of each Month, one month's access fee paid in advance plus excess data from the previous billing month.
2.17 You will receive Your monthly Linknet bill via Your Linknet email account.
2.18 You are responsible, for all usage charges in respect of the use of the Wireless Broadband Service whether or not such usage was authorised. It is Your responsibility to maintain the security of the means of access to the computer/s connected to the Wireless Broadband Services and to ensure unauthorised use does not occur. Linknet commits to provide you with full information about your Australian Broadband Guarantee Service, as required under the Australian Broadband Guarantee Program Account usage information is available at http://accounts.linknet.com.au and is updated every 5 minutes. QF - ABG Customer Contract pg 7 of 14 Version: 1 Rev: 0

3 INSTALLATION
3.1 Requirements for installation are;
3.1.1 your premises being within 25km of, and have clear Line of Sight to a Linknet access point. 3.1.2 the connection being to a computer with a spare Ethernet port.
3.1.3 Linknet retains ownership of all equipment installed at Your premises up to and including the router, or wireless router, that connects to Your computer equipment.

4: TERMINATION AND SUSPENSION OF ACCOUNTS

4.1 Linknet may, at its discretion, immediately suspend or terminate the Internet Access without notice in the following circumstances;
4.1.1 during any investigation of alleged Defined Abuse; or
4.1.2 where You fail to pay the Charges; or
4.1.3 where Your financial position is significantly changed, including without limitation, bankruptcy, insolvency, a winding up application or the appointment of a receiver; or
4.1.4 in an emergency, or to safeguard the provision of services to any customer for example in the case of denial of service attacks being directed at your service IP address; or
4.1.5 if You breach this agreement; or
4.1.6 where You have provided any misleading, false or incomplete information to Linknet; or
4.1.7 where Your nominated payment method is refused or dishonoured by Your nominated financial institution; or
4.1.8 where You fail to notify Linknet of a relevant change to Your personal details; or
4.1.9 where in the opinion of Linknet you have breached the Linknet "Acceptable Use Policy"
4.2 Linknet is not required to issue You a refund if the account is suspended or terminated for any of the reasons in clause 4.1.x except as required by law.
4.3 Your Internet Access will continue until the Internet Access is terminated in accordance with this Agreement.
4.4 You may terminate or suspend the Internet Access at any time by giving written notice to Linknet. The termination or suspension will take effect at the end of Your current Plan Period. You will not be issued a credit or refund for any unused Internet Access, except as required by law. 4.5 The provision of services will be ongoing until terminated by either party giving 30 days notice in writing. If You terminate this agreement before the expiry of the contract period You will be liable to pay the remaining access charges up to, and including, the end of the Initial contract period. Additional charges may be levied against You for removal of equipment and administration costs.
4.6 Linknet may terminate the Internet Access without cause by giving 24 hours written notice to You. You may apply for a pro-rata refund for any Charges already paid by You. Linknet may levy a reasonable fee for any costs incurred as a result of the early termination.
4.7 Linknet reserves the right to terminate the service immediately and recover all monies owing, including the cost of recovery, when payments are overdue.
4.8 If You fail to comply with any of the conditions set out in this Agreement, the Linknet Australian Broadband Guarantee Wireless Broadband Terms and Conditions, and/or with the Linknet Acceptable Use Policy, Linknet may terminate this Agreement immediately by giving written notice. On termination, Your right to use the Wireless Broadband Service ceases immediately and Linknet will not be liable for any loss or damage suffered by You.
4.9 Linknet may delete any Storage Facilities used by You on termination or suspension of this Agreement.
4.10 A cancellation fee of the outstanding contract amount applies if the service is cancelled prior to the expiry of Your Initial Contract Period. An additional administrative fee may also be payable. 4.11 All notices shall be in writing and shall be hand delivered, or sent by post, facsimile or email to the parties hereto at their respective QF - ABG Customer Contract pg 8 of 14 Version: 1 Rev: 0 addresses. It is your responsibility to advise Linknet of any changes to your contact details in particular your phone number and address. The contact details Linknet currently has on record for You can be viewed at http://accounts.linknet.com.au

5: USE OF THE SERVICE
5.1 You are not authorised to use the Internet Access unless Your Application has been accepted by Linknet.
5.2 You will supervise any minors who use the Internet Access. You understand that Material obtainable through the Internet Access may not be suitable for minors.
5.3 To the extent permitted by law, Linknet may monitor Material You transfer through the Internet Access. This information may be disclosed to third parties only as required by Law without notice.
5.4 You are responsible for maintenance and care of equipment You use to connect to the Internet Access, including backup of all information (including without limitation software and data).
5.5 Where Your use of any Storage Facilities exceeds specified limits, Linknet may remove any of the stored information without notice. This includes, without limitation, information in Your e-mail mailbox and Your personal Web space.
5.6 Linknet may delete e-mail sent to or from You where;
5.6.1 individual messages are greater than a specified limit;
5.6.2 messages remain on Linknet servers for more than 90 days.
5.7 You must not connect a sub-network to the Internet Access, unless Linknet expressly allows otherwise in writing, including without limitation hosting of FTP, SMTP, HTTP and Proxy Services. 5.8 You must not engage in Defined Abuse as specified in the Linknet "Acceptable Use Policy".
5.9 You agree this Wireless Broadband Service cannot be resold or used for Web/Mail Hosting without prior written authority form Linknet.
5.10 You must not deliberately create any conflict or interference with the normal operation of the Wireless Broadband Service or any related facility of service.
5.11 You agree not to assign, transfer, or re-sell any of the services provisioned by Linknet under this Agreement or any rights given by the use of this service.
5.12 You are not to allow a third party to use the Wireless Broadband Service without direct supervision and/or authorisation by Linknet. You are responsible for all use of the Wireless Broadband Service including use that is not authorised by You.

6: DISRUPTION TO THE SERVICE

6.0.1 In the event of a Service outage or fault for which Linknet is responsible, Linknet commits to restoration of the Service within 2 days (conditional upon Section 6 below) and in accordance with the maintenance provisions of the Australian Broadband Guarantee Guidelines.
6.0.2 Linknet will provide timely and appropriate servicing of CPE for the first 12 months of the Service. During this period Linknet will not charge call out fees or repair charges (and any associated labour charges) unless the failure of the CPE could have reasonably been prevented by you the Customer.
6.1.0 You agree that if Linknet is asked to investigate a breakdown of the service and upon investigation it is found that the fault is not due to Linknet-supplied equipment then You agree to pay Linknet an hourly rate of $77.00 (incl. GST) for time and travel and the cost of any materials or equipment required to investigate and repair the suspected breakdown in service. Such breakdown in service could be caused by but not limited to;
6.1.1 incorrect configuration and or failure of Your computer software or hardware.
6.1.2 You or Your agents moving or interfering with the Wireless Broadband Antenna equipment. 6.1.3 malicious damage caused to the wireless broadband receiving equipment by others.
6.1.4 configuration changes made by You to (Client Premise Equipment) including the Linknet wireless router. QF - ABG Customer Contract pg 9 of 14 Version: 1 Rev: 0

7: NETWORK BOUNDARIES OF RESPONSIBILITY

7.1 Linknet will not be responsible for troubleshooting the delivery of data or network performance issues beyond defined points of responsibility. These defined points of responsibility are to the LAN Port on the Linknet Customer Premises Equipment router.
7.2 Computers connected wirelessly to the Linknet Customer Premises Equipment Wireless Router are unsupported as this connection operates on shared wireless spectrum and is subject to interference.

8: ACCOUNT SECURITY & ABUSE

8.1 You are responsible for ensuring the security of Your account by;
8.1.1 exercising due care when choosing passwords;
8.1.2 ensuring that Your computer system is up to date and secure and that all current service packs, antivirus updates and spy-ware removal programs are updated weekly.
8.1.3 maintaining current anti-virus, spy-ware, firewall and other appropriate security measures; 8.1.4 exercising due care when using and retrieving Material through the Internet Access.
8.2 You are entirely responsible for all use of the Internet Access by any person using Your Wireless Broadband Internet Access.
8.3 "Defined Abuse" means misuse of the Internet Access by;
8.3.1 intentionally providing false information to Linknet;
8.3.2 engaging in the practice known as 'spamming';
8.3.3 using the Internet Access in an unlawful manner;
8.3.4 using the Internet Access to menace or harass others;
8.3.5 unauthorised or fraudulent usage of the Internet Access;
8.3.6 the use or distribution of components designed to compromise system security. This includes credit card generators, password guessers, crackers, packet sniffers, network probes, and other such components;
8.3.7 deliberate or reckless disruption of Linknet services or disruption of other Customer's Internet Access. This includes damage to Internet connected resources, Denial of Service attacks, hacking, distributing computer viruses and e-mail bombardment.
8.3.8 providing illegal, indecent, pornographic, fraudulent, threatening, damaging or misleading material, or information about how to obtain such material through Your personal Web space or any other means.
8.3.9 engaging in unauthorised activities in relation to other peoples' intellectual property; or 8.3.10 any other manner reasonably determined by Linknet.
8.4 Linknet may take reasonable steps to investigate an allegation of Defined Abuse.
8.5 Where You are found to have engaged in Defined Abuse (without prejudice to the other rights of Linknet.);
8.5.1 Linknet may provide Your particulars to any third party affected by Your conduct as required by law;
8.5.2 Linknet may charge You $77 (incl. GST) per hour for time spent investigating the Defined Abuse;
8.5.4 remove any Storage Facility You have utilised without notice;
8.5.5 Linknet may immediately terminate this Agreement without notice.

9: GENERAL USE

9.1 In using the Linknet Wireless Broadband Service You agree to be bound by the Linknet Australian Broadband Guarantee Wireless Broadband Terms and Conditions as displayed at the Linknet Internet web site http://www.linknet.com.au/abg_terms_and_conditions.php QF - ABG Customer Contract pg 10 of 14 Version: 1 Rev: 0
9.1.1 You understand that the Linknet Australian Broadband Guarantee Wireless Broadband Terms and Conditions, and or "Acceptable Use Policy" can be amended from time to time with prior approval from THE DEPARTMENT and that You should visit the Linknet Internet web site regularly to be aware of any changes.
9.1.2 Linknet makes no warranties or representations as to the accuracy of Information in or linked to the Linknet web site and assumes no liability or responsibility for any errors or omissions in content.
9.2 You warrant that You are an individual, are over 18 years of age and are authorised to enter into this Agreement.
9.3 You agree that Your use of the Internet Access constitutes unconditional acceptance of this Agreement by You.
9.4 Linknet may not vary this Agreement without the prior approval of THE DEPARTMENT. In the case that THE DEPARTMENT approves variations to this contract we will provide information about these changes to Your nominated email address. This information will also be published in the notices section on the Linknet home page at http://www.linknet.com.au. Continued use of the Internet Access constitutes acceptance by You of any variations .
9.5 Failure by Linknet to act immediately on any right under this Agreement does not waive any such right.
9.6 You warrant that all information You provide to Linknet is true and correct. You must notify Linknet immediately should any relevant details change. You agree to provide a truthful attestation to Linknet (and hold any relevant supporting documentation) so that Linknet can make a claim for incentive payment.
9.7 Unless agreed otherwise by Linknet, You are the only person authorised to request account information, make account changes, or receive customer service or support.
9.8 For the duration of this Agreement, You shall provide Linknet, free of charge, with all assistance, information, access, facilities and services reasonably required by Linknet to enable it to effectively exercise its rights or perform its obligations under this Agreement.
9.9 Neither Linknet or the Customer as parties to this agreement may assign their rights or obligations under this Agreement without the prior written consent of the each party to the agreement.
9.10 Any additional support, maintenance and/or consulting by Linknet to You shall be regarded as separate to this agreement.
9.11 If any provision of this Agreement is void, unenforceable, invalid or illegal, that provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.
9.12 All equipment remains the property of Linknet. This includes but is not limited to antenna/s, antenna mounting equipment, Ethernet bridge (Subscriber Module) and Router. This equipment is provided to You for the duration of the contract or provision of services.
9.13 Linknet will not be responsible for relocating the Wireless Broadband Service during the contract period to either a different delivery point within the same premises as originally installed or to new premises at a different location.
9.13.1 If You require the delivery point of your service to be relocated either within your premises or to another premises a site survey at a cost of $77 (incl. GST) will be required for Linknet to determine if the specified Quality of Service of your account plan can be retained after the relocation. If the relocation will not affect the Quality of Service You will be required to pay the costs of the relocation of the equipment and or moving the delivery point of the service, to a Linknet approved contractor at an hourly rate as agreed with the contractor at the time.
9.13.2 You will be liable for the costs Linknet may incur to re-commission the service after the relocation.
9.14 Linknet will use its best endeavours to make the Wireless Broadband Services available to You in accordance with Australian Broadband Guarantee requirements in clause 1.10 of this Agreement. You acknowledge that Linknet cannot guarantee uninterrupted service, peak speed, performance or quality of the Wireless Broadband Service. You further acknowledge that the Wireless Broadband Service is not fault free and there may be interruptions or access problems from time to time as Linknet depends on the performance of third parties over which Linknet has no control and therefore cannot accept liability for problems that may arise from their service.
9.15 You agree to direct all queries regarding faults and outages of the Wireless Broadband Service to the Linknet Technical Help Desk. You are liable for any cost arising from inquires to third party service providers, contractors or consultants.
9.16 Your computer equipment must conform to the minimum requirements for the provisioning of the Linknet Wireless Broadband Service. Information about these minimum requirements is available at: http://www.linknet.com.au/linknet/wireless.php
9.17 You agree that information concerning You will be held by Linknet and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between You and Linknet as required by Commonwealth or NSW State Legislation. You consent to your personal information being provided by Linknet to the Department, and potentially other appropriate agencies for the purposes of the Australian Broadband Guarantee Program administration, regulation and evaluation, and policy development QF - ABG Customer Contract pg 11 of 14 Version: 1 Rev: 0
9.18 This agreement shall operate and be binding upon the parties form the date of its execution.

10: LIABILITY

10.1 The liability of Linknet in respect of a breach of an Implied Term relating to the supply of any goods or services is to the full extent permitted by law limited to, at the option of Linknet;
10.1.1 in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; and the payment of the cost of having the goods repaired; and
10.1.2 in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
10.2 Subject to any law to the contrary and clause 9.1:
10.2.1 You agree that liability of Linknet in relation to any claim, loss or damage and any associated costs whether arising under or in relation to this Agreement, any tortuous act or omission (including without limitation negligence) or under common law or statute, is excluded; 10.2.2 the parties exclude any term, condition, warranty or representation which is not expressed in this Agreement (other than an Implied Term); and
10.2.3 Linknet is not liable to You or any other person for any loss or damage (including but not limited to any loss of profits, business or anticipated savings or any other form of indirect or consequential loss), either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, in relation to this Agreement.
10.2.4 Linknet will not be liable for claims arising from damage caused by lightning storm or tempest to any of the equipment including Your computer equipment and is at Your expense. You and the Landowner if not one in the same hold Linknet Indemnified against claims arising as result of damage either personal injury, physical, or electrical, caused to any person or property by the rooftop antenna equipment including such damage or claims resulting from the antenna equipment becoming dislodged from the building roof.
10.2.5 You are responsible for arranging additional and adequate Public Liability & household or business insurance to cover the replacement costs of any equipment damaged, whether directly or indirectly as a result of fusion i.e. lightning damage, power surges or brownouts and or fire damage. You indemnify Linknet against any claims resulting from the above.
10.3 Subject to this Agreement and any law to the contrary, You;
10.3.1 acknowledge and agree that all relevant products and services supplied to You are not suitable for (and are not supplied for the purpose of) supporting any application which needs continuous or fault free service.
10.3.2 are responsible for making Your own assessment of whether You need continuous and fault free services and obtaining and implementing advice about alternative services suitable for such purposes.
10.3.3 release Linknet and its related bodies corporate and their respective officers, employees, contractors and agents (the "Released Persons") from all claims arising out of or in connection with all products and services.
10.4 You indemnify Linknet and its related bodies corporate and their respective officers, employees, contractors and agents (collectively the "Indemnified Parties") from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by the Indemnified Parties arising from or in connection with:
10.4.1 any breach of, or failure to comply with, the terms of this Agreement by You;
10.4.2 any damage to the Indemnified Party's network or other damage to property or persons caused by You or any person using the Internet Access (a "Permitted User");
10.4.3 the use of the Internet Access by You or a Permitted User;
10.4.4 the reproduction, broadcast, use, transmission, communication or making available of any Material by You or a Permitted User, using the Internet Access;
10.4.5 any alleged breach of a person's rights (including, but not limited to, defamation and intellectual property rights) through use of the Internet Access by You or a Permitted User; and 10.4.6 Any equipment or a facility owned or controlled by You which causes a fault in, or interferes with, the operation of any system or network owned or operated by Linknet. QF - ABG Customer Contract pg 12 of 14 Version: 1 Rev: 0
10.5 All information, advice or software is provided to You on an "as is" basis. Linknet is not responsible for any losses resulting in its provision or use.
10.6 You must ensure that Your software, computer and communications equipment is compatible with the Linknet systems.
10.7 Linknet shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.
10.8 Linknet will endeavour to make the Internet Access available 24 hours a day 7 days a week in accordance with Australian Broadband Guarantee requirements in clause
1.10 of this Agreement. However, Linknet does not warrant that the service will be uninterrupted or error free.
10.9 You use the Internet Access at Your own risk. You agree that Linknet is neither responsible nor liable for any Material obtained through the Internet Access. You agree to abide by all applicable laws relating to use of the Internet Access.
10.10 Where Your use of the Internet Access utilises services provided by third parties, You acknowledge and agree the third parties are not liable to You nor are they required to pay You any loss, costs or damages resulting from their actions.
10.11 You agree and understand that in some cases it may not be possible to provide or continue to provide the Australian Broadband Guarantee Wireless Broadband Service to You. In such an event both parties will be released from their obligations under this Agreement and Linknet will have no liability to You.
10.12 You accept that some services offered by a Third Party Carrier's Network infrastructure may be incompatible with the Wireless Broadband Service and may not be available to You.
10.13 You acknowledge that Linknet cannot be held responsible for any loss incurred by You because of faults and/or failures within the Linknet network and or within any Third Party Carrier's Network infrastructure.
10.14 Your use of the Wireless Broadband Service is at Your own risk and Linknet takes no responsibility for any data downloaded and/or the content stored on Your computer.
10.15 You agree not to make any claim against Linknet, its suppliers, employees, contractors, dealers or assignees for any loss, damages of expenses relating to, or arising from, this Agreement or the use of the Wireless Broadband Service.
10.16 You hereby indemnify Linknet against all liability, costs, loss or damage, suffered or incurred by Linknet, its suppliers, employees, contractors and assignees arising from this Agreement or the use of the Wireless Broadband Service.

11: INSTALLATION OF EQUIPMENT AT YOUR PREMISES

11.1 Linknet shall install the Equipment at the Australian Broadband Guarantee eligible premises nominated by You and agreed by Linknet. Linknet shall use reasonable endeavours to install the Equipment on or around the agreed installation date but will not be liable for any loss or damage for failure to do so.
11.2 Installation of the equipment will be in consultation with You, however, ultimately the installation technician may need to decide on the size and positioning of the antenna and mast equipment to enable direct line of sight to the nearest Linknet Access Point.
11.3 You must provide a safe environment for the installation, maintenance and removal of any Equipment.
11.4 Subject to this clause, You warrant that You are the owner of the premises where the installation of the Equipment is to take place. Where You are not the owner of the premises, You must provide Linknet with written evidence from the owner or landlord of the premises, including any interested parties that may object, granting permission to Linknet to install the antenna and mast equipment required to provide the wireless broadband service. It is Your responsibility to advise the landlord of the proposed positioning, mast height, antenna type and dimensions. This information will be made available to you at the time of initial site survey.
11.5 Linknet retains full rights, title and interest to the Customer Premises Equipment. You must not interfere with the equipment without the prior written consent of Linknet.
11.6 You shall assume all risks and liabilities for and in respect of the Equipment and therefore are liable for the cost of replacement in the case of the equipment being lost or damaged.
11.7 Where the equipment is affixed, attached or secured to land or premises, the equipment shall be deemed not to be a fixture or a part of the land title and may be removed by Linknet at any time in accordance with this Agreement. QF - ABG Customer Contract pg 13 of 14 Version: 1 Rev: 0
11.8 If at the time of site survey the position, height, type of mast and antenna is agreed with the owner or the owner's agents and then on the day of installation or during the installation there are objections from other interested parties that have rights to the property (ie strata title) that should have previously been consulted, the contractor will cease work until the dispute is resolved and further instructions are received by Linknet. Out of pocket expenses, ie cost of the contractor to re-attend, will be at the customer's expense.

12: INCORPORATION OF ACCEPTABLE USE POLICY IN THE TERMS AND CONDITIONS

The Linknet Acceptable Use Policy is incorporated herein by reference and is a part of these Australian Broadband Guarantee Internet Access Terms and Conditions as if they were fully set out in these Internet Access Terms and Conditions. For the purposes of incorporation by reference as set out in this paragraph, any reference to "Agreement", "You" "Your" "Customer", "Company" or "Service" in the Acceptable Use Policy is a reference to these Internet Access Terms and Conditions, You the Customer, Linknet Company or Internet Access Services respectively as defined in these Internet Access Terms and Conditions. In determining which provisions of the Acceptable Use Policy Terms and Conditions are or are not required by the context of the Internet Access Terms and Conditions or any particular clause or provision of the Internet Access Terms and Conditions, the interpretation which best preserves the rights of Linknet will be adopted.

13: GOVERNING LAW AND JURISDICTION

13.1 The laws of New South Wales govern this Agreement. Each party submits to the jurisdiction of the New South Wales Courts and Tribunals.
13.2 This Agreement contains the entire understanding between You and Linknet. No other written or verbal correspondence affects the meaning or interpretation of this document.
13.3 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between You and Linknet relating to Australian Broadband Guarantee Wireless Broadband Internet Connection Services.
13.4 Where software is supplied to You by Linknet, You agree to abide by any associated copyright and licensing restrictions including but not limited to, the number of computers the software is installed on, sublicensing the software and assignment of Your rights and obligations to the software.
13.5 In using the Linknet Australian Broadband Guarantee Wireless Broadband Service You agree to be bound by the Linknet - Australian Broadband Guarantee - Wireless Broadband Terms and Conditions as may be amended from time to time subject to. 1.19 of this agreement, and as displayed on the Linknet web site at http://www.linknet.com.au I hereby acknowledge that I have read, understood and agree to this the Linknet Australian Broadband Guarantee Wireless Broadband Internet Access Terms and Conditions.


Signed by the customer:



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Printed Name:



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