Ómtell Telecommunications, ABN 57 140 985 824 will supply you with telecommunications Services on the terms and conditions set out below. Words not defined in this document have the same meaning as in the Telecommunications Act 1997.

"ACA" means the Australian Communications Authority.

"Agreement" means the agreement for the provision of the services between us comprising the Terms and Conditions, the Account Application once accepted by us and our current Tariff Schedule from time to time,

"Current Supplier" means a Carrier or telecommunications service provider who supplied telecommunications to you at the time of signing the agreement.

"Other Supplier" means a Carrier of telecommunications service provider other than us, as the case may be.

"Services" means the telecommunications services as well as other telecommunications Services agreed between us from time to time.

"Termination" means the termination of the agreement under clause 5.a.

"Transferred Services" means the telecommunication services transferred to us from your Current Supplier.

"CLI" means calling line identification calling line identification;

"Due Date" means within 14 days of the date specified in an invoice;

"Fees" mean the fees, access charges (if any), call charges and other charges payable for the Service.

"GST" means a goods and services tax;

"Other Services" means the other services you specify in the Application;

"Personal Information" means personal information as defined in the Privacy Act 1988 about you and includes any unlisted telephone number and information about carriage services provided in connection with the agreement or about your financial circumstances, credit worthiness, credit history, credit standing, credit capacity, and account history;

"Pricing Tariff" means our lists of Local, National and International Fees and any other Services supplied from time to time.

"Taxes" means any government taxes, duties, imposts or levies (including GST) payable for or on provision of the Service;

"Term" means the period commencing on the date we first provide the Service to you and extending until either you or us terminate the service.; and

"We" or "Us" means Simpliciti Telecommunications.

Ómtell Telecommunications will provide you (the Customer) with Services in accordance with these terms and conditions that form our Agreement with you.

Our Agreement also includes your Application or order form, which may be either in writing or a recording if you made the Agreement by telephone. The oral recording will be binding in the same way as the written Agreement. We may accept a facsimile copy of the application. That facsimile copy will bind you as if it was the original.

Our Agreement also includes our current price list, which is subject to variation. A reference to our current price list is a reference to our price list as at the date of provision of Services irrespective of whether you have received notice of any change to our price list.

a. We will provide the Services to you using our facilities and those of other suppliers or carriers. Our Services may be added to or varied at any time and we may change those suppliers without reference to you.

b. We do not warrant that we will be able to provide you with Services, but to the extent that carriers provide Services to us we will provide those Services to you.

c. We agree to provide the Services to you until they are either cancelled by you or we suspend or terminate them.

d. You agree that we are not liable for any failure to provide all or part of the Service to you.

e. We reserve the right to bar access to 1900 numbers, data calls, Internet Service Providers and any other calls we deem necessary from time to time.

f. If your Service is disrupted we will do our best to have that service reinstated as soon as we can.

a. This agreement commences on the date your application is accepted by us and shall continue unless and until Termination either by us giving notice to you or by you giving notice to us.

b. The provision of Services commences when your account is transferred from your current supplier to us and/or any other necessary arrangements with another supplier for the provision of the Services to you have been completed.

a. In order for you to use our Services we may need to change your arrangements with your current telecommunications services supplier. In which case:

i. You appoint us as your agent to transfer your account for t hese Services to us and you authorise us to sign, on your behalf and in your name, the authority that will cause your current supplier to transfer your accounts to us;

ii. If we ask, you will give your current supplier instructions in writing to transfer your account from them to us;

iii. You will pay your current supplier any amounts you owe them up to the time your service transfers to us. We will not accept any liability for any account you owe your current supplier.

b. If you transfer to another service provider in the future:

i. You will pay us all outstanding accounts for Services used up to the time the transfer is made.

ii. If you ask us to transfer any service to Other Service Provider where the contract period has not been completed then you will be required to pay for the full period of the contract plus an early termination fee of $50.00, where the contract period has not expired.

iii. If after that we become aware of other proper charges for those Services up to the date of transfer, or we resolve any dispute so that any liability of ours relating to those Services is quantified then you will immediately pay us each amounts on any receipt of our invoice.

iv. We will credit you with any amount credited to us by an Other Supplier for those Services up to the date of transfer of those accounts to an Other Supplier.

a. We will send you an invoice for Services based on our current charges. We may vary those charges from time to time;

b. We will generally bill you monthly in advance for line rental, Internet (if you have that Service) and monthly in arrears for usage charges, although we reserve the right to bill at different intervals. We reserve the right to bill for charges incurred in all previous billing periods. If your account is less than $10 we may carry that amount over to the following bill.

c. You are liable to pay the charges for the Service even if the use of the phone for those Services was not authorised by you. We may pass on any charges another supplier charges us (including increases and one off charges) without notice to you.

d. You must pay the bill on or by the due date shown on the bill. If you elected to pay by credit card or by direct debit, we will debit your credit card or nominated direct debit account for the amount of the invoice by the Due Date.

e. If you do not we may charge you a late payment fee.

f. We may charge interest on an amount not paid by the due date. This will be at the rate at the time of the Commonwealth Bank Overdraft Reference Rate. Interest will be calculated daily and charged from the due date until payment of the outstanding amount is received.

g. If you do not pay your bill we may suspend Services to you 10 calendar days after the due date shown on the bill unless you notify us in writing of a dispute about those charges.

h. If we incur costs recovering any debt you owe us (such as search fees, process fees and costs paid to a collection agency) we reserve the right to recover those costs from you.

i. If you present a cheque for payment that is dishonoured we may terminate this Agreement with you. We may also charge you a dishonuor fee.

j. To obtain new connection discounts, bills must be paid in full by the due date otherwise full charges apply

k. Where in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on the disputed amount until a determination on your claim or dispute has been made. We aim to resolve invoice disputes within 21 working days.

a. You agree that (subject to the Privacy Act 1988) we may use your personal information. This information may include your name, address and other information you give us in your Application.

b. We may disclose personal information you provide to us to a Credit Reporting Agency.

c. You agree the Credit Report containing personal information about you can be given to any Credit Reporting Agency to help us assess your Application for commercial credit, or for collecting overdue payments that are owed by you to us.

d. You agree we can obtain information about your credit worthiness from any person or body who provides this information to assist in our assessment of your Application for commercial credit.

e. You agree we can provide your personal information to:

i. Collection agents to recover overdue amounts you may owe us;

ii. Carriers or service providers if they need the information to provide the Services to you; and

iii. To Government or regulatory bodies as may be required by law.

f. We may, at our sole discretion, impose a credit limit on your account or we may require a security deposit or interim payment at any time. We may suspend your service if you exceed your credit limit once you have been sent written notice of your credit limit.

g. Any Security Payments held by us can be used to pay any outstanding fees and charges

h. We may provide information to the Telecommunications Industry Ombudsman's Office about your account including calls and call charges where this information is necessary to resolve a complaint.

i. We may give to Financial Institutions and Shareholders information about your account, including particulars of calls and call charges.

j. Except for the uses stated above we will keep your personal information confidential.

k. You must notify us within 14 days if you change your address or other billing contact details.

a. Without notice we may vary, alter, replace or revoke any term or condition at any time. This includes changes to:

i. Your customer agreement,

ii. Our Customer service policies,

iii. Our fees and charges,

iv. Our Internet terms and conditions,

v. Our Privacy Policy and

vi. Our website terms and conditions.

b. Where we do so we will update any relevant document and place this on our website. We recommend that you check this site regularly to ensure that you are aware of and comply with the most recent version. Where we change terms and conditions that in our opinion, materially affect your use of a service or increase your costs we will provide you with a minimum 14 days notice by including information by post (usually with your bill) or by email.

c. Your ongoing use of the Service after the date of a variation, alteration, replacement or revocation is your acceptance of the variation, alteration, replacement or revocation

a. We can permanently end our contract if (without our prior written consent):

i. you do not pay money due to us under our contract by the Due Date;

ii. since the start of the Term, there is an adverse change in our credit assessment of you;

iii. you breach any term or condition of our contract not involving payment of money, including if you breach clause 11.a;

iv. you do anything which we believe may damage our network or the network of the Carrier;

v. we believe you have used the Service for unauthorised, criminal or unlawful activities;

vi. we are unable to provide the Service because our agreement with the Carrier has ended or the Carrier ceases to provide the necessary services to us;

vii. you die or you become bankrupt or insolvent or, if you are in a partnership, the partnership is dissolved or, if you are a company, the company is wound up or the company starts the process of winding up or becomes insolvent; or

viii. Any of your assets come under the control of another person, such as a receiver.

ix. If you do not use any of our services in any 6 month period.

x. In our opinion you use the service in any way that may cause congestion, interference or economic damage to us or any Carrier, Current Supplier or Other Supplier.

b. We may also immediately terminate this agreement at any time by written notice if other carriers cease to provide necessary Services to us.

c. If this agreement is terminated in accordance with this Clause 9 and another carrier supplies Services to you, you acknowledge that:

i. The carrier may not be able to provide Services immediately;

ii. The carrier will bill you according to their current tariffs

d. If we are unable to provide the Services, other than through a temporary disruption, then you may terminate the agreement without compensation for any direct or indirect damages that you may suffer.

e. Our rights in respect of your unfulfilled obligations under our contract at that time continue;

f. You must pay us:

i. All cost and expenses we incur in ending our contract;

ii. All amounts due at that time; and

g. You will have no continuing rights to any special numbers that we provide including but not limited to 1300 and 1800 numbers. (We may, subject to our obligations under the ACA's numbering plan, allocate your number to another customer).

h. You may only end a contract with minimum length specified in the agreement at the end of the Term by giving us 14 days written notice. If you do not end our agreement, it will continue until you do end it.

a. We may suspend the service immediately and without notice at any time if there is a failure of the equipment used to deliver the Service or the equipment used to deliver the Service requires maintenance or modification or you do not comply with the terms and conditions of the agreement.

b. If we suspend our service, you will still remain liable for all Fees during the suspension.

c. We can temporarily suspend you from the Service if:

i. You exceed your credit limit;

ii. You have not done what you are obliged to do;

iii. An authority, such as the ACA, requests us to do so; or

iv. There are technical problems with our network or the network of the Carrier.

a. You warrant that all information that you provide us is true and correct.

b. You must:

i. Comply with all laws and guidelines concerning your use of the Service;

ii. Notify us immediately of any change to your details; and

iii. Contact Ómtell Telecommunications Customer Service immediately if there is a problem with the Service; or you move or are no longer reside at the premises where the service is located, so that we can suspend or bar access to the Service.

c. You must not:

i. Breach any person's rights or otherwise cause us or a Carrier loss, liability or expense;

ii. Use the Service for any improper, immoral, unauthorised or unlawful purpose or let anyone else use the Service for that purpose;

iii. Use the CLI or information that you derive from the CLI except in accordance with the principles endorsed by the ACA and any other relevant industry code; or

iv. Place or accept a reverse charge call using the Service.

d. You will fully indemnify us for any liability we incur for any defamatory or unlawful communications made by you or any other person in using the Services.

a. We have no liability to you for:

i. Acts or defaults of our suppliers;

ii. Faults caused by your conduct or misuse; and

iii. Faults that are caused by incompatibility between Services.

b. Under no circumstances will we be responsible for any indirect or consequential damage that you may suffer from our failure to provide effective Services.

c. We are not liable to you for any breach of any express or implied terms conditions or warranties of our contract, including the non-provision of our Pricing Tariff at any time.

a. We are not liable for:

i. Any delay in installing a service; or

ii. Any delay correcting a service fault; or

iii. the failure or incorrect operation of any service; or

iv. Any other delay or default in Services that is caused by an event that is reasonably beyond our control. This can include war, accident, Act of God, industrial action, embargo, delay, failure or default of any other supplier.

a. You may not resell or resupply the Services provided by us.

a. The laws of New South Wales govern this Agreement.

b. Any persons signing this Agreement on your behalf warrant they have full power and authority to bind you in respect of this Agreement.

c. Any invalid or unenforceable terms will not affect the enforceability of any other terms.

d. You acknowledge that you are entering this Agreement entirely as a result of your own enquiries and that you are not relying on any representations or promises by us other than those set out in this Agreement. Accordingly, you release our staff and agents from all claims of any kind arising from any interaction we may have had before you made this Agreement with us.

e. This Agreement contains the whole understanding of any kind relating to the services.

f. You accordingly release us and each of our officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.

g. The failure by either party to exercise any right or remedy under this agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right remedy, nor that party’s waiver of such right or remedy.

h. Notices and invoices to you are effective if delivered personally or posted to your last known address.

i. If any part of our contract is found to be invalid or of no force or effect, it shall be construed as though such part had not been inserted and the remainder shall retain its full force and effect.

1. All offers are subject to Simpliciti Telecommunications normal credit assessing processes and policies;

2. Mobile monthly access fees will be charged one month in advance, based on pro-rata for the first month from connection;

3. Ongoing monthly access fee applies;

4. Rates quoted are per 30 seconds billed in 1 second increments;

5. All calls will be rounded up to the next cent;

6. 25c Connection fee applies to all calls;

7. Included calls do not include international calls, SMS, MMS, EMS or GPRS/WAP;

8. Included calls must be used within billing month and cannot be rolled over;

9. SMS Text Messages are charged at 25 cents per message of 160 characters unless otherwise stated;

10. MMS messages charged at 75 cents per message unless otherwise stated.

11. International MMS and SMS will incur higher fees

12. GPRS Domestic service charged at 2.2 cents per kilobyte (or part thereof) plus 25 cents connection fee per call;

13. GPRS Roaming service charged at 8.8 cents per kilobyte (or part thereof) plus 25 cents connection fee per call;

14. As GPRS/WAP applications are dependent on both the customer's mobile phone functionality and the network supplying this service, Ómtell Telecommunications does not represent, warrant or guarantee accessibility of this service;

15. Ómtell Telecommunications is not responsible for GPRS/WAP network equipment and/or software required to access this service;

16. Ómtell Telecommunications reserves the right to terminate the service if no calls are made in any 6-month period;

1. ÓmtellWave Internet Dial-Up service is charged at $16.95 per month in advance, based on pro-rata for the first month from registering;

2. Small ÓmtellWave Internet Dial-Up service is charged at $9.95 per month in advance for 5 hours usage. If the 5 hours limit is exceeded than $16.95 is charged for that month.

3. Ómtell Telecommunications override code cannot be used for dial-up connections.

4. Ómtell Telecommunications is not liable for dial-up connections resulting in local or national call charges from the telephone-line carrier. It is the Customers responsibility to check with their main telephone carrier regarding the cost of dialling into the Ómtell Telecommunications Internet Dial-Up Service.

5. If you relocate or change your telephone number the Internet Dial-Up number used to connect to the Ómtell Telecommunications Service may need to be changed. To find the access number closest to you check the www.omtelltelecommunications.com website or call our Customer Service at 02 95 99 66 00.

1. To get connected to Ómtell Telecommunications Broadband ADSL service you must be connected to the Telstra(tm) network and within a specified proximity to an ADSL enabled Telephone exchange.

2. Your computer must meet the minimum standards specified under “Broadband Requirements” section.

3. We may supply specified equipment to support ADSL transmission to you;

4. If we do not supply the specified equipment to you, you will need to have purchased the specified equipment approved by us which is compatible with our Internet transmission before we can provide the Ómtell Telecommunications service to you;

5. The ADSL equipment supplied will be a Self Installation Kit. You will need to arrange installation of the equipment at your premises. We are not responsible for maintaining or providing technical support in relation to that equipment;

6. Ómtell Telecommunications ADSL access fee will be charged one month in advance, based on pro-rata for the first month from registering. Ongoing monthly access fee applies. If the monthly data allowance is exceeded additional charges of 9.9c per megabyte will apply for the excess data used.

7. Unused data from the monthly download allowance cannot be rolled over to the following month.

8. The use of Ómtell Telecommunications ADSL Internet service is subject to the complete Ómtell Telecommunications Internet Terms and Conditions and Ómtell Telecommunications ADSL Acceptable Use Policy available at www.omtelltelecommunications.com or by calling 02 95 99 66 00.

9. Ómtell Telecommunications reserves the right to change, alter or withdraw offers and prices at any time without notice. 30 days notice is required to change or cancel any plan.

Any breach of this policy shall be dealt with in accordance with the Copyright Act 1968.