Standard Form of Agreement

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Standard Form of Agreement

Standard Form of Agreement for the Sale, Supply Provision & Use of Telecommunications  Services & Products 

These terms & conditions are a Standard Form of Agreement for the purposes of Section  479 of the Telecommunications Act 1997. We will supply the customer (‘You’ or ‘Your’),  services on the terms & conditions set out below (the ‘Agreement’). Undefined words have  the same meaning as in the Telecommunications Act, 1997. Unless specified, these terms &  conditions apply to all Services provided by Us. 

1.0 Service Description 

1.1 We will connect Your Service(s) to the network as soon as it is reasonably practicable  after Our acceptance of Your written form, or online internet form, application and its  related parts (‘Application’) & We will use all reasonable efforts to maintain the Service while  You comply with this Agreement. 

1.2 On an Unbundled Local Loop Service (ULL) We will provide the telecommunications  service(s), a standard (not priority) service, as indicated in the Application (the ‘Service’) to  You in Australia through such Carrier or supplier network or networks as We nominate from  time to time directly with the Carrier, supplier or network operator (the ‘Carrier’ or  ‘Supplier’). Where carriage is supplied, the quality of the carriage of the Services will be the  same as that of the Carrier or Supplier. 

1.3 Where We are providing data services, the access component of the relevant data  service &, optionally, a rented Customer Premises Equipment (CPE) router, are supplied to  Us by a third party(s) as a wholesale Supplier. 

1.4 You must not resupply any of the Services without Our express agreement in writing. 

1.5 Where there is any exclusion or inconsistency between the terms & conditions of  particular services & the Standard Form Of Agreement, the latter shall prevail, to the extent  of any such exclusion or inconsistency. 

1.6 Service not available in all areas. The actual speed you experience depends on a number  of factors, including, your equipment, the quality and location of your line, including how far  your connection is from the local telephone exchange, the applications you are using, the  capacity and speed of our systems, the systems of our suppliers, and the Internet generally.  For these reasons, you should not expect your actual speed to be at or near the theoretical  maximum. 

2.0 Billing, Charges & Payments 

2.1 Charges for the Services are determined in accordance with the plan rate, or by You  accepting to use Our services when You have accessed our online application forms, or such  other manner specified in the Application. We may change the amount of these charges or  add new charges from time to time in accordance with clause 6. You will be invoiced for all  calls, services, usage, or other charges on a monthly basis with 7 days trading terms for  payment of accounts thereafter unless otherwise specified. You must pay all invoiced 

amounts by the date specified on the relevant invoice. If you have nominated automatic  debit, Your credit card will be charged on the invoice date. Charges that do not appear on  Your monthly invoice may appear on future accounts due to processing procedures. This  includes any excess charges accumulated during the previous invoice period. 

2.1.2 Invoices are generated at the beginning of the month, every month This invoice is  emailed to the your nominated email address. If a new service has been taken up, the billing  system will generate an invoice either on the same day of provisioning or the next day and  will bill from that date till the end of the month. Any miscellaneous charges or purchases will  be billed on the same day and an invoice will be generated and sent out. 

2.2 Any charges billed to You after the cancellation date from Your previous service provider  will be due & payable by You to that provider. 

2.3 Our charges to You may involve fees for connection, initiation, transfer, relocation or  cancellation of any Service(s). Such charges, if not specified in accordance with the rate plan  or such other manner specified in Your Agreement will be charged to You at cost to Us from  the Carrier. 

2.4 Overdue accounts will incur a late fee calculated at the greater of $10 +GST or 1.5% per  month on amounts outstanding or part thereof. We may charge You interest on overdue  amounts at 3% above the per annum Commonwealth Bank Corporate Overdraft Reference  rate applicable at the date of the bill, calculated daily. 

2.5 We may, without notice, deactivate or cancel all or part of Your Service if any amount is  not paid by its due date. We reserve the right to restrict any Service at any time if We feel  the account has gone over its credit limit or the Service appears fraudulent. Discounts may  also be revoked during the overdue period. If any amount has not been paid by the due  date We reserve the right to deduct any unpaid amount (or part thereof) from Your credit  card or charge card nominated on the application form. 

2.6 If You default under this Agreement, We may use or disclose any personal information  collected & recorded in relation to You to assist Us in the process of debt recovery. Personal  information includes personal identifying details such as Your name, address, date of birth,  employers & drivers’ license details & status of any of Your accounts or related bodies  corporate, Your credit history, & information about Your creditworthiness or capacity. You agree to pay for any costs associated with the recovery of any outstanding amount, including fees paid to a collections agency and any legal costs incurred by us or our agents, including any debt recovering organisation. 

2.7 In consideration of Us having agreed to supply the services to You, the person signing  this agreement (“the signatories”) on Your behalf hereby jointly & severally guarantee the  payment on demand of all monies which are or shall hereafter become due to Us by You.  This guarantee shall be a continuing guarantee & shall not be affected by Us giving time or  

any other indulgence to You, nor shall any of Our rights to sue or report Your details to a  credit reporting agency be affected hereby.

2.8 For any reason where you may not be contactable for an extended period, for example,  going on a holiday, then it is your responsibility to make sure that your account will be kept  up to date and does not fall in arrears while you are uncontactable. If your account falls in  arrears while you are uncontactable by phone or mobile, then Billian Pty Ltd at its discretion,  may disconnect your Service. If your Service is an ADSL2+ and telephone bundle, then you  will loose your telephone number. 

2.9 A $2 + GST Invoice Processing and Handling Fee will be charged when an invoice and/or  statement is generated and our billing system does not automatically debit a credit card. To  avoid this charge You will need to provide your credit card details to Us, in doing so You are  authorising Us to debit the nominated card when an invoice is generated. 

2.10 In the event that you wish to withdraw your order and the Provisioning of your Service  has reached PONR (Point of No Return), then you will be liable to pay the connection  charges, if any, plus the early termination fee. 

3.0 GST 

Unless expressly stated otherwise, the charges payable for the Services under this  Agreement are inclusive of GST. 

4.0 Transfer To Us 

4.1 In providing the Services, if We need to change Your arrangements with Your current  supplier, then We will do so in accordance with this clause. 

4.2 By signing the Application or any other agreement for the provision of Services by Us: 

You authorise Us to sign on Your behalf & in Your name forms of authority to Your current  supplier of Services to transfer the Services into Our name. 

You will on request give written instructions Yourself to Your current supplier to transfer the  Services from Your name to Ours. 

You will immediately pay to Your current supplier all amounts owing to it for the Services  being transferred up to the time of transfer to Our name 

4.3 You agree that for Us to provide the Services to You, You or Your nominee applies  through Our online applications, on www.billiangroup.com.au, constitutes Your agreement  to our terms & conditions. You should ensure that both You & Your nominee have read &  understood Our terms & conditions. 

5.0 Transfer From Us 

5.1 If in the future You ask Us or another provider to transfer any of the Services to another  supplier, then You remain responsible to Us for the amount payable for the Services up until  the end of your contract term. Full payment of the contract will be due within 14 days from  date of transfer.

5.2 The provision of Services ceases when We transfer those Services to another supplier,  provided you have fulfilled your contractual obligations and in respect to the cancellation  notice period for your respective Service. 

5.3 We will bill You for those Services within the next normal billing period. 

5.4 If after We become aware of any other proper charges (including fees payable to any  other supplier) for those Services up to the date of transfer, then You will immediately pay  Us all such amounts on receipt of Our invoice. 

6.0 Amendments To The Terms & Conditions 

6.1 These Terms and Conditions, and the Acceptable Usage Policy are subject to change at  any time without notice. If we change the Terms and Conditions, or Acceptable Use Policy in  a manner which we reasonably consider would cause detriment to you, we will notify you of  the change at least 30 days in advance. 

If you do not agree with any changes notified to you, you may terminate this Agreement but  you must notify us of such termination within 14 days of our notice. If you notify us that you  wish to terminate this Agreement, the termination will take effect from the date of change  to this Agreement, or Acceptable Use Policy comes into effect, as specified in our notice. Not  withstanding that you may send us notice of termination under this clause, if you continue  to use of the Service beyond the date of the change, you will be charged for such use. Your  continued use of the Billian Pty Ltd ADSL broadband Service beyond the date of the change  will be deemed acceptance of it. 

It will be sufficient that we notify you only of the fact that these Terms and Conditions, the  Acceptable Use Policy or Service Plans have been changed and that we post a revised copy  of this Agreement, the Acceptable Use Policy or Service Plans on the Billian Pty Ltd website. 

6.2 Without notice, We may at any time, change the Carrier or Supplier, or the Carrier’s or  Supplier’s products. 

6.3 Any alterations in the terms or conditions for Your Services made under the provisions  of this clause during the Fixed Term of Your Agreement will not be applicable. The terms  and conditions applicable are those under Our SFOA as published on our web site  www.billiangroup.com.au at the date You entered into Your Fixed term Agreement. 

7.0 Privacy 

7.1 Billian Pty Ltd adheres fully to the Privacy Act. in regard to the way in which We collect,  use & disclose information about You. 

8.0 Information 

8.1 You consent to Us & Our Carriers or Suppliers exchanging Your information &/or details  & the Carrier or Suppliers, We & Our respective related bodies corporate may all use Your  details for Our own purposes.

8.2 You authorise the Carrier or Suppliers to disclose to Us all records, & in particular  exchange line, mobile or network details, telephone usage or accounts information,  communication usage records & call event records. 

8.3 You consent to Us disclosing Your information &/or details to any other Australian  telecommunications service provider or supplier who is a member of the Australian  Telecommunications Fraud & Risk Association where we, or the provider or supplier has  reasonable grounds for suspecting that You (or any user of a service provided to You) have  been engaged, or are likely to engage, in fraudulent activity in relation to  telecommunications services. 

9.0 Credit Check 

9.1 You will supply without delay all the necessary information to check the worthiness of  Your credit rating. 

9.2 If We consider it relevant to assessing this application, You agree to Us obtaining from a  credit-reporting agency a credit report containing personal information about You. 

9.3 You agree that We may give to any credit provider & / or credit-reporting agency any  information contained in the Application. You also agree that We may seek from any credit  provider & / or credit-reporting agency any credit report (whether commercial for any  named business entity, or consumer for any named individual) on all parties named in the  application. You acknowledge & understand that such information can include any  information regarding Your commercial or consumer credit worthiness, credit history or  credit capacity that credit providers & / or credit reporting agencies are allowed to give or  receive under the Privacy Act. 

9.4 You authorise & permit Us to make independent enquiries of third parties concerning  Your financial standing &, for this purpose, authorise & permit third parties to supply such  information regardless of any confidentiality or privilege which applies to the information  sought. 

10.0 Limitation Of Liability 

10.1 To the full extent permitted by law & subject to clause 10.2, We will not be liable in any  circumstances, however arising, to You or any person claiming through You in contract, tort,  or otherwise (including negligence, wilful or unlawful acts or omissions) for: 

(a) any economic loss or damage & in particular (without limitation), any loss of revenue,  profits, actual or potential business opportunities, contracts or anticipated savings of  profits; or 

(b) any indirect or consequential loss; or 

(c) the acts of omissions of the Carrier or any of Our servants, officers, agents, contractors or  subcontractors or the failure of, or fault or defect, in any contractors of subcontractors or 

the failure of, or fault or defect, in any telecommunications service, network, facilities,  equipment or service, used by Us in supplying telecommunications services; or 

(d) Our failure to continue to provide the Service to You for any reason whatsoever. You  acknowledge that We do not guarantee continuous fault free provision of the Service. 

10.2 We accept liability to You in respect of any rights conferred on You by the Trade  Practices Act 1974 & similar legislation where not to do so would be illegal, or would make  any part of this clause 10 void or unenforceable. Otherwise, We exclude all conditions &  warranties implied into the Agreement & limit Our liability for any non-excludable  conditions & warranties, where permitted by law to do so, at Our option, to: 

(a) in the case of services 

(i) the supply of the services again or 

(ii) the payment of the cost of having the services supplied again; & 

(b) in the case of goods 

(i) the replacement of the goods or the supply of equivalent goods; 

(ii) the repair of the goods or 

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods. 

10.3 You agree to indemnify & keep Us indemnified from & against liability & all loss &  damages caused directly or indirectly by any breach of this Agreement by You or from any  claim or action arising directly or indirectly out of any negligence, fraud or wilful act  whatsoever, whether by You or any of Your servants, officers, agents, contractors or  subcontractors. 

10.4 To the extent permitted by law, You agree that Your indemnity shall survive the  termination of this Agreement, against any actions, claims, expenses, demands, costs,  damages, proceedings or any other liability whatsoever suffered by Us in connection with  You using the services or CPE (as defined under clause 17) including, without limitation, You  using or incorporating the services or CPE in other products used by You or supplied to You. 

10.5 To the extent permitted by law, the provisions of this clause 10 also apply for the  benefit of the Carrier. 

10.6 In connection with legally requested Interception of Your service, You indemnify Us for  all costs, damages or expenses suffered by Us as a result of Your negligent, wilful or  unlawful acts or omissions. 

11.0 Term Of The Agreement, Suspension, Cancellation, Or Part Cancellation Of A Product,  Or Termination

11.1 In respect of each Service set out in the Application, this Agreement will commence on  the date of it’s submission by You & will continue in relation to that Service until: 

(a) expiry of the contract term selected for the Service on the Application (Term) ; & 

(b) continue indefinitely unless terminated formally in writing. In the case charges for the  Service will cease at the earliest of 30 days after receipt of formal written notification, unless  otherwise stated in any particular Service. 

11.2 The period in which the Agreement is effective in accordance with clause 11.1 shall be  the Term. 

11.3 We may terminate this Agreement if You breach any term or condition of this  Agreement or if a receiver or receiver & manager is appointed over any of Your property or  assets, or if a liquidator or provisional liquidator is appointed to You or if You enter into any  arrangement with Your creditors or You assign or otherwise deal with Your rights under this  Agreement without Our prior written consent or, in the case of an individual, You die. 

11.4 We may suspend the Services or any of them at any time without notice if any of  following occur: 

(a) We are not satisfied with Our credit assessment of You; 

(b) If You breach any of the terms & conditions of this Agreement Your Services will be  suspended. If You have failed to remedy the breach within 10 days of Us providing written  notice to You of the breach Your Service will be terminated; 

(c) You fail to pay amounts owing to Us by the due date; 

(d) We are unable, for any reason including the default of a Carrier, to provide the whole  part of the Service; 

(e) You become subject to any form of insolvency administration. 

11.5 If We suspend the Services, You will still remain liable for all monies due to Us under  the Agreement, during the period of such suspension. 

11.6 If Your Service has been suspended by Us due to non compliance with terms &  conditions of the Agreement a fee of $33 (GST inc) may be payable to re-activate Your  Services. 

11.7 If this Agreement is cancelled by You, or terminated by Us: 

(a) any right which We have in respect of Your obligations under the Agreement that are not  fulfilled when the Agreement is ended, will continue to exist; 

(b) You must pay Us all reasonable costs & expenses incurred by Us in relation to the  Agreement ending;

(c) Where We are providing data &/or data access services, such as DSL, ADSL, SHDSL,  Ethernet, Wireless Broadband, Co-Hosting, You must pay amounts due at the time the  Agreement ends, including the balance of the Monthly Service Fees as set out on the  Application or agreed by Us, including any amount for Service or CPE that was spread over a  term, for all months up to the end of the Term, that remain unpaid at the date of Your  cancellation or Us terminating. 

11.8 If We agree to provide a Service for a Fixed Period, then the amount payable for the  whole of that Period is a debt owing to Us at the time of entering into the Agreement for  which We may bill You even if You cancel the Service or terminate the Agreement before the  Term ends. 

11.9 Where You have entered into an Agreement to purchase 2 or more products from Us:  and during the Term of Your Agreement You cancel the supply of one of the  aforementioned products, the pricing of the remaining product(s) or service(s) will revert to  the non-bundled (or non-discounted), & thus adjusted, rate for the Service that We continue  to supply to You for the remainder of the Term. 

11.10 Where We are providing Data Services, if this Agreement is terminated in accordance  with this clause, the Carrier may arrange for You to be supplied by the Carrier with the  Carrier’s services that had been supplied by Us, but You acknowledge that the Carrier may  not be able to make those arrangements immediately & once the Carrier makes those  arrangements, those services acquired by You will be acquired on the Carrier’s current rates  & terms & conditions & the Carrier will bill You accordingly. 

11.11 While you are still within the contract period, you can only change to a higher plan. 12.0 Removable Discount 

12.1 Notwithstanding the provisions of clause 11, if We provide a Service at a discount on  payment over a Fixed Period & You cancel the Service or terminate the Agreement before  that Period ends, then You will be liable to pay the full undiscounted amount for the Service  for the Period prior to cancellation & termination. We will bill You for the amount of the  discount allowed to You during the elapsed Period on Your next bill. 

13.0 Confidentiality 

13.1 You will keep confidential all information supplied by the Carrier or Us. 14.0 Force Majeure 

14.1 We will not be liable for any delay in the connection of or failure in the operation of  Services due to any occurrence reasonably beyond Our control including failure of any link  provided by the Carrier. 

15.0 Entire Agreement

15.1 This Agreement contains Your & Our entire understanding to the exclusion of any & all prior or collateral agreement of understanding relating to the Services provided whether  oral or written. You acknowledge that You have not entered into this Agreement in reliance  upon any statement made by Us, other than as expressly contained in this Agreement. 

15.2 If any part of this Agreement is found to be invalid or of no force or effect this  Agreement shall be construed as though such part had not been inserted & the remainder  of the Agreement shall retain its full force & effect. 

15.3 To the extent that any Service specific term or condition conflicts with any other term  or condition in this Agreement, the term or condition specific to the Service will apply. 

16.0 Assignment 

16.1 We may assign the benefit of this Agreement at any time to a person or corporation  nominated by Us, including a Carrier, &, in this event, such Assignee or nominated Carrier  shall deal directly with You for the purposes associated with the provision of Services under  this Agreement. 

17.0 Customer Premises Equipment (CPE) – Meaning Telephone Handset, Indoor Access  Router, Modem, Software Thereof. 

17.1 Any CPE You use not provided by Us in relation to the Services must comply with  applicable standards & specifications, including those set by the Carrier or Supplier. 

17.2 We may substitute any component of the CPE or part of any component of the CPE  prior to delivery without consultation with You & may in any respect modify the CPE if, in the  reasonable opinion of Us, the substitution or modification: 

(i) will not adversely affect the performance or capacity of the CPE in any material respect (ii) will not alter the configuration of the CPE in any material respect; & 

(iii) will not otherwise materially affect Our obligations or prejudice Your rights under this  Agreement. 

17.3 Risk in any CPE provided to You by Us passes to You upon delivery. 

17.4 If purchased from Us, Title to any CPE does not pass to You until all amounts owing  have been paid in full to Us & the cost of such CPE will be held by You in a fiduciary capacity  as bailee for Us. 

17.5 You irrevocably grant to Us, Our agents & servants, leave & license without the  necessity of giving any notice, to enter at any time on & into premises occupied by You using  reasonable force if necessary to inspect, search for & re-take possession of any CPE in  respect to which payment is overdue.

17.6 On the termination of this Agreement for any reason, You will immediately return all of  Our CPE, should the CPE be Our property. 

17.7 

(a) We will use Our best endeavours to deliver the CPE to You on the Delivery Date at the  site during Your normal business hours. 

(b) If You wish the CPE to be delivered to a location other than the site, You must request  this in the Application Form upon signup for the Service. 

(c) If You request delivery of the CPE to be made in advance of the Delivery Date or  postponed beyond the Delivery Date, We shall use reasonable endeavours to re-schedule  delivery accordingly but shall otherwise be under no obligation to comply with Your request. 

(d) If We request permission to deliver the CPE prior to the Delivery Date, You shall use Your  best endeavours to prepare the site & to do all other things necessary to enable Us to  comply with the request & to accept early delivery. 

17.9 

(a) Where We reasonably determine the requirements for installation exceeds reasonable  expectations for any Installation Fee quoted or agreed with You, We will not be bound to  provide the installation at the Installation Fee previously quoted or agreed & We agree to  discuss & use Our respective reasonable endeavours to agree a new Installation Fee. 

(b) You agree to obtain & maintain, at Your expense, any & all permits, licences, approvals,  authorisations, required for the installation & operation of the CPE. 

(c) In the event that You are relocating Your Premises & as a result, Your CPE, We may, upon  Your request, allow You to move the CPE from the Premises to new premises during the  Term so that You can continue using the data service(s) at the New Premises, subject to: 

(i) Our being able to provide the service(s) at the New Premises; 

(ii) You agreeing that these terms & conditions apply to the provision of the service(s) at the  New Premises; & 

(iii) You pay all costs incurred by Us as a result of You having the CPE moved. 17.10 

(a) You acknowledge that the CPE does not include the goods & services specified as  excluded or “not included” in the Quotation; 

(b) You may upon request to Us, request that We supply additional services including  without limitation, inspection, repairs, adjustment & replacement of unserviceable or 

defective parts not subject to the limited warranty given in clause 17.11 in respect of the  CPE; 

(c) If agreed to by Us, additional services will be provided on a time & materials basis  charged at Our standard rates in effect from time to time & on terms agreed to between Us  & You; & 

(d) Unless agreed in writing, any subsequent agreement to provide additional services  between You & Us will not modify or vary the terms & conditions of this Agreement. 

17.11 

(a) We warrant that at the date of this Agreement We believe the CPE to be free from defects  in materials & workmanship. 

(b) You may during the Warranty Period notify Us in writing of any defect or suspected  defect in the CPE. We shall, to the extent necessary, inspect, replace or repair the CPE at no  additional charge, & as soon as practicable after receiving written notice from You. 

(c) We shall not be liable under clause (b) of Clause 17.11 if the defect is the result of:- (i) Improper use or mismanagement of the CPE by You; 

(ii) Operation of the CPE other than in accordance with the instructions given by Us; (iii) Use of the CPE in a manner not reasonably contemplated by Us; 

(iv) Modification of the CPE not authorised by Us; 

(v) Use of the CPE in a manner contrary to law; 

(vi) Subjecting the CPE to unusual or not recommended physical, environmental or electrical  stress; 

(vii) Reinstallation or moving of the CPE by a person other than Us; 

(viii) Use of the CPE by a person other than You; 

(ix) Your failure to comply with any terms of this Agreement; or 

(x) Your failure or refusal to install engineering changes or enhancements recommended by  Us. 

(e) If You provide a notice of a defect or suspected defect pursuant to clause (b) of Clause  17.11 & any subsequent inspection of the CPE by Us reveals no defect, the direct & indirect  costs & expenses associated with such inspection shall be borne by You as an Additional  Charge.

(f) You agree that the warranty in this clause 17.11 may, at Our option, be varied or replaced  by specific warranty conditions issued in respect of the CPE. 

17.12 We are not liable for faulty CPE provided to you by a 3rd-party manufacturer. Where  You are experiencing CPE fault, You should contact the manufacturer direct, of whose  contact details may be on our website www.billiangroup.com.au. 

18.0 Notices 

18.1 Any notice, demand, consent or other communication required to be given by either  party must be delivered personally, or sent by email, prepaid mail, or by facsimile to the  address of the other as last notified. 

19.0 Governing Law 

19.1 This Agreement shall be governed & construed in accordance with the law of New  South Wales & the parties hereby submitted to the jurisdiction of the Courts of that State. 

20.0 Disputed Amounts 

20.1 In the event that a bill is disputed by You, You agree to pay to Us all the total amount as  indicated on the disputed bill without deduction or set-off & We agree to refund any monies found to be charged incorrectly after reasonable & proper investigation. 

20.2 If a billing dispute is not raised within 3 months of the bill issue date, charges will be  deemed correct & payable by You. 

21.0 Communications & Content 

21.1 You are responsible for the content of the messages You communicate when using Our  Services as well as the consequences of those messages. You agree that You will not use  Our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade  privacy, infringe intellectual property rights, or otherwise injure third parties or are  objectionable. You may not use a false email address, impersonate any person or entity, or  otherwise mislead others or Us as to Your identity. We reserve the right to suspend or  terminate the Service in the event of a breach of this clause & in such cases You will be  responsible for any costs associated with suspension or termination of the Service. 

21.2 We believe that any correspondence or emails from Us or its related parties are a  valuable part of Our service as they enable You to keep up-to-date with matters regarding  Internet security, viruses, useful tools, promotions, sites of interest & other related matters.  The correspondence & emails do not constitute Spam as We have a continuing business  relationship with You. However, if You do not want to receive such commercial  communication from Us please contact Us to unsubscribe, otherwise We will continue  sending You relevant information until You request Us to remove Your email address (this  does not affect other electronic communications specifically regarding the provision of the  service of Your account).

22.0 Reserved 

23.0 Reserved 

24.0 Installation & Programming Of Equipment 

24.1 Where We are providing fixed wire Services, You will assist Us in ensuring that any  equipment necessary for You to receive the Services & access Our network is installed &  programmed so that calls to destinations nominated by Us from time to time are, as far as  possible, carried by Our preferred switched services network. 

24.2 Where We are providing data &/or Broadband Services, You will assist Us in ensuring  that any equipment necessary for You to receive the Services & access Our network is  installed & maintained. 

25.0 Reserved 

26.0 Reserved 

27.0 Conditions Of Data and/or Broadband Service 

27.1 We may, at Our discretion, provide the Service by using either: 

(a) an existing or new Unbundled Local Loop Service (‘ULLS’); or 

(b) an existing or new access line that supplies a standard telephone service; provided by  Telstra Corporation Limited (‘Telstra’)or other reseller, depending on the technical &  operational requirements of the particular Service. 

27.2 reserved 

27.3 Where a telephone exchange area is shown as being Broadband (i.e. DSL) enabled,  there is no guarantee that individual telephone services provided from that exchange will  qualify for DSL service provision. 

27.4 The performance of the end-to-end service offered over DSL is determined by the  quality of the copper line & the distance from the DSL exchange. As such the performance  of the end-to-end service can only be estimated until We have qualified the line  performance. We will accept a customer order upon appropriate qualification where the line  performance meets Our service objectives & the availability of the said service. 

27.5 Delivery times of data tails specified in the original proposal to You assume availability  of Service and/or no Carrier delays. If following submission of Your order by Us to the  Carrier Service qualification is unsuccessful then a new Service proposal may be provided  that may differ from the original proposal and may incur additional charges. 

28.0 Acceptable Use Of Internet, Data &/Or Broadband Service

In addition to the provisions in (21.0) above, You agree to comply with the acceptable use  standards which include but are not limited to the following: 

28.1 not to send email that may destroy or damage an email recipient’s computer; 

28.2 not to knowingly accept email which is unlawful, & violates or infringes upon the rights  of any person or corporation; 

28.3 not to reveal confidential information about Us &/or Our suppliers which may result in  unauthorised usage of the Services by a third party; 

28.4 not to transmit information which contains viruses or other harmful components; 

28.5 not to interfere, damage or destroy computer systems operations of the Services  including disobeying any of Our requirements, procedures, policies or regulations, other  users &/or third parties; & 

28.6 not to store or transmit any unlawful, threatening, defamatory, offensive or  pornographic material that constitutes a criminal or civic offence under State &  Commonwealth laws. 

29.0 Network Security 

29.1 You agree to accept responsibility & liability for the security of &/or access to Your  networks & related systems. You will take reasonable & appropriate precautions to prevent  any violations of Your network &/or related systems security. 

29.2 We do not take responsibility or are liable in any way for any violations of Your network  &/or related systems security, however caused. 

29.3 While We are responsible for the provision of services, You are responsible for ensuring  that adequate security in the form of virus protection and firewalls exist to protect Your  electronic data and computer operating system or the electronic data and computer  operating system of Your business against & unauthorised or unwarranted intrusion.