Please read these terms carefully, and be sure that you understand them.

We can change these terms at any time. If we change these terms, the updated terms will be available at creativetelcom.com.au.

1 Your obligations

1.1 We will provide you with the Service and will use reasonable care and skill in doing so. In order for us to provide you with the Service, there are things that we need to ask you to do. These are that you:

(a) ensure your PC meets the requirements set out on the Website at creativetelcom.com.au for ADSL connections;
(b) comply with the AUP. You should read the AUP and should only accept this Agreement if you agree to be bound by it;
(c) not use, attempt to use or allow others to use the Service in a way that, in Creative Telcom Pty Ltd’s reasonable opinion, significantly interferes with other customers’ use or enjoyment of the Service or interferes with our efficient or proper operation of the;
(d) pay all fees and charges associated with your use of the Service, in accordance with clause 2;
(e) make sure you keep your account information, password, data and Equipment secure;

1.2 There are certain things that, despite our best efforts, we cannot guarantee or provide in relation to the Service. This means we have to ask you to acknowledge each of the following:

(a) We will use reasonable care and skill in providing the Service and will provide the Service in accordance with this Agreement. However, given the nature of telecommunications systems (including the Service’s reliance on systems and services not owned or controlled by us), we cannot promise that the Service will be continuous, accessible at all times or fault-free.
(b) We will provide the Customer Service Level Guarantee available at creativetelcom.com.au.
(c) We may not be able to meet a request from you to provide detailed information about your usage of your Service (for example, information about what sites you visited and timing details).
(d) We may monitor use of the Service to see whether you are complying with the AUP or to investigate a breach (or suspected breach) of that policy.
(e) Where you provide your own wireless PC connection device, you are responsible for any loss caused by an unauthorised use of your Service.

1.3 The ADSL Service operates over a fixed telephone line and it is important for you to understand that an ADSL Service can sometimes affect the fixed telephone line. If your Service is an ADSL Service, we ask that you:

(a) warrant that:
- (i) you are the legal lessee of the standard fixed telephone service connected to Creative Telcom Pty Ltd’s network to which your Service will be connected (the "relevant telephone service"); or
- (ii) if you are not the legal lessee of the relevant telephone service, you have obtained the legal lessee's permission to connect the Service;
(b) acknowledge that:
- (i) if the relevant telephone service is disconnected, your ADSL Service may be disconnected (and this Agreement may be terminated), in which case you will need to pay the Cancellation Fee;
- (ii) the installation of your ADSL Service may cause minor disruptions to the relevant telephone service;
- (iii) you may experience minor disruptions to your ADSL Service if the relevant telephone service is transferred to another carriage service provider; and
- (iv) you may not be able to access some other products and services that are incompatible with your ADSL Servi

2 Charges for your Service

2.1 As with any service provided by Creative Telcom Pty Ltd, we ask you to pay certain charges. With this Service, you are responsible for paying the charges set out at creativetelcom.com.au for your selected ADSL plan, starting from your contract start date upon service provisioning - even if the charges have been incurred by a person using your Service without your authorisation. You should only accept this Agreement if you agree to pay the charges.

2.2 We have chosen to structure our charges so that all monthly fees are payable in advance and any additional megabyte charges are payable in arrears.

2.3 We may allow you to choose to be billed for the Service by:

(a) nominating a fixed line Creative Telcom Pty Ltd telephone account against which your charges for the Service will be charged; or
(b) providing us with your credit card or bank account details for us to debit your charges for the Service; or.
(c) other billing methods that we may make available from time-to-time.

2.4 We may provide you with the option to pay for your Service via credit card. If you choose to provide us with your credit card details for the purposes of paying for your Service, we may:

(a) bill all fees and charges to your credit card on a monthly basis;
(b) disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details;
(c) take steps to verify that there is sufficient credit on your credit card account to meet likely fees; and
(d) charge any Cancellation Fee payable to your credit card immediately on notice of termination.

2.5 We may provide you with the option to nominate a fixed line Creative Telcom Pty Ltd telephone account against which your charges for the Service will be charged. If you choose to pay via a fixed line Creative Telcom Pty Ltd telephone account:

(a) you agree to receive Creative Telcom Pty Ltd Single Bill via email in PDF Format.
(b) you must be the legal lessee of the fixed line Creative Telcom Pty Ltd service to which the telephone account relates;
(c) we will bill all fees and charges payable under this Agreement to your Creative Telcom Pty Ltd account number (including any early termination fees); and
(d) if that telephone account is disconnected, your Service may be suspended and/or this Agreement may be terminated by us.

2.6 You can enjoy pricing flexibility, by changing your selected ADSL plan by calling 1300 TELCOM. Any change to your selected pricing plan will not affect your Con tract Term.

3 Commencement and termination of this Agreement

Agreement commencement

3.1 We ask you to note that this Agreement commences on the following dates:

(a) If you complete an online Application Form, on the date you submit the Application Form; or
(b) If you sign an Application Form, on the date you sign the Application Form; or
(c) If you apply in circumstances other than those set out in (a) or (b) above and:
(i) the Material Terms are read to you, the Material Terms commence on the date you accept them and the remainder of this Agreement commences:
- (A) if you request professional installation, on the date a Creative Telcom Pty Ltd technician gives you a copy of this Agreement and asks you to sign it (this will usually happen when the technician installs your Service); or
- (B) if you elect to self-install, on the date you install the Service; or
(ii) if the Material Terms are not read to you, this Agreement commences:
- (A) if you request professional installation, on the date a Creative Telcom Pty Ltd technician gives you a copy of this Agreement and asks you to sign it (this will usually happen when the technician installs your Service); or
- (B) if you elect to self-install, on the date you install the Service.

Service Commencement

3.2 We ask you to note that your Service commences on the following dates:

(a) if you choose professional installation, the date on which we install the ADSL Transmission Facilities on the Premises; or
(b) if you choose to self-install, the earlier of:
- (i) the date you first use your Service;
- (ii) 21 days after we notify you that your Service has been activated (if you already have the Equipment); or
- (iii) 21 days after we notify you of the expected delivery date of your Self-Installation Kit.

Your right to terminate this Agreement

3.4 We understand that, at some stage, you may no longer wish to continue with your Service for a number of reasons. You may terminate this Agreement at any time by calling the Creative Telcom Pty Ltd on 1300 TELCOM. However, if you terminate this Agreement before the end of your Con tract Term, you must pay us the Cancellation Fee.

Our right to terminate or suspend this Agreement

3.6 We may terminate your Service if:

(a) you are in serious breach of this Agreement (you will be in serious breach if you breach your obligation to pay our charges for the Service, breach the AUP or breach clauses 1.1 (c), 1.1(e), 1.1(h), 1.1(i), 7.3 or 11.2 of this Agreement); and

3.7 If we cancel your Service under clause 3.6 during your Con tract Term, you must pay us the Cancellation Fee.

3.9 If we terminate the Service for any reason, you must still pay us for any charges incurred before the cancellation.

3.10 We may also terminate the Service at any time after the expiry of your Con tract Term by giving you 30 days prior written notice.

Your rights to terminate or suspend

3.11 You may terminate the Service if:

(a) we are in serious breach of this Agreement (we will be in serious breach if we breach our obligation to use reasonable care and skill in providing the Service and our obligations under clause 4.2); and
(b) you have notified us in writing of our breach and we have failed to remedy the breach within 30 days of your notice (if the breach can be remedied). If the breach is something which cannot be remedied, you may immediately terminate your Service with notice to us.

3.12 If you terminate the Service under clause 3.11 during your Con tract Term, you will not have to pay us the Cancellation Fee.

3.13 At certain times, we need to perform maintenance on or protect our networks to keep providing a high performing service to users. This means that we may sometimes need to suspend your Service if it is necessary for the purpose of maintenance, integrity, protection or restoration of our networks or the users of our networks. If we need to suspend your Service under this clause, we will give you as much notice as we reasonably possible.

3.14 Unfortunately, we cannot control some external events that may affect our provision of the Service to you. If a Regulatory Event occurs, we may not be able to continue providing the Service to you at all or may not be able to provide it on the same terms as set out in this Agreement. If this happens, we will give you as much notice as we reasonably can and we may need to terminate this Agreement. You will not pay any Cancellation Fee is your Service is terminated under this clause.

3.15 Exercise of our rights under clauses 3.13 and 3.14 does not affect your Con tract Term.

4 Changing this Agreement

4.1 From time to time, we need to be able to change these terms to reflect our changing business. We can change this Agreement (including the ADSL Plan and any prices or the AUP) in accordance with this clause 4.

4.2 We must give you at least 30 days’ prior notice of the change, unless:

(a) we need to make the change immediately in order to act legally or the change results from changes in the law. If this is the case, we will give you as much notice as we reasonably can; or
(b) the change will benefit you. If this is the case, we can make the change and without giving you notice.

4.3 If we make a change to this Agreement during your Con tract Term and the change means that you are materially worse off (and does not fall within clause 4.2(a)), you may terminate this Agreement by giving us notice within 42 days of the date we notify you of the change. If you terminate your Agreement, you will not have to pay us the Cancellation Fee and the Agreement will be terminated from the date the change takes effect.

4.4 If we make a change to this Agreement after the expiration of your Con tract Term and you do not accept the change, you may cancel this Agreement by giving us notice. The Agreement will be terminated from the date the change takes effect.

4.5 If you choose to cancel this Agreement under clauses 4.3 or 4.4, we will refund you any unused portion of your monthly charges.

4.6 If you do not notify us of your decision to terminate this Agreement under clause 4.3 or 4.4 and continue using the Service from the date on which the change comes into effect, you will be taken to have agreed to the change.

5 Self-installation of broadband transmission facilities

5.2 Because you have chosen a self-installation option, you are responsible for installing the ADSL Transmission Facilities at the Premises using the Self-Installation Kit.

5.4 If you notify us that your Self-Installation Kit contains faulty components, we ask, and you agree to give us, sufficient information to assess the kit components (including allowing us to test your PC to evaluate its performance). If we find that the relevant component is not faulty, we may need to charge you a service fee. We will tell you the amount of the service fee before we test the Self-Installation Kit.

6 Ownership and use of the ADSL Transmission Facilities

62 For all purposes (including section 22(1) of the Telecommunications Act 1997)) the boundary of our telecommunications network is the wall plate in the Premises, or any other point we may notify to you of from time to time.

6.3 To help protect our ability to provide you with the Service, you must not:

(a) damage the ADSL Transmission Facilities in any way;
(b) use or permit anyone else to use the ADSL Transmission Facilities (except to access your Service in accordance with this Agreement) without our prior permission; or
(c) remove any marking which identifies the ADSL Transmission Facilities as belonging to us.

7 Ownership and use of the Equipment

7.1 To facilitate the supply of the Service to you, we may choose to provide Equipment to you during the term of this Agreement. If we do so, risk in the Equipment passes to you when the Equipment is delivered to the Premises.

7.2 The Equipment which is owned by us, will remain our property until the Service Commencement Date at which time ownership of the Equipment will pass to you.

7.3 To protect our interests in the Equipment which is owned by us, we ask, and you agree, that unless and until ownership of the Equipment passes to you under clause 7.2, you will:

(a) not sell the Equipment; and
(b) not damage the Equipment; and
(c) not give a third party possession or use of the Equipment without our prior consent.

8 Maintenance of the Service

8.1 We encourage you to use our technical support services for genuine problems with your Service. We will use reasonable efforts to rectify the problem as soon as possible. However, we ask you to acknowledge that:

(a) we do not provide technical support services for configuring your local area network to connect it to your Service, and do not provide assistance with local area network-related difficulties; and
(b) we will only provide support for connecting your Service to a single PC (as we do not support multiple network cards and devices).
(c) if we need to attend your Premises in response to a technical support call, and we believe on reasonable grounds that there is no Service problem, or that we did not cause the Service problem, we may charge you a service fee that will be notified to you prior to our site visit

9 Limitation of liability

Our liability to you

9.1 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.

9.2 If you are a Residential Customer, clauses 12.3, 12.4, 12.5 and 12.11 apply to you.

9.3 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except for as set out in clauses 12.4 and 12.5.

9.4 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

9.5 We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

9.6 If you are a Business Customer, clauses 12.7, 12.8, 12.9, 12.10 and 12.11 apply to you.

9.7 Subject to clause 12.8, where the price of the Service does not exceed $40,000 or the Service is of a kind ordinarily acquired for personal, domestic or household use or consumption, we accept liability for direct loss caused by:

(a) our failure to provide the Service with due care and skill;
(b) any goods or materials supplied in connection with the Service not being reasonably fit for the purpose for which they are supplied; and
(c) our breach of a condition or warranty that is implied into this Agreement by the Trade Practices Act,

provided that you have mitigated the direct loss to the extent possible. We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

9.8 To the extent (if any) that the Service is not of a kind ordinarily acquired for personal, domestic or household use (and provided it is fair and reasonable to do so), our liability under clause 12.7 is limited to, at our option:

(a) resupplying or paying for the costs of having the services resupplied, if the liability relates to services; or
(b) repairing the goods or refunding the purchase price of the goods, if the liability relates to goods (including for example, Equipment).

9.9 To the extent permitted by law, we exclude all liability to you for any indirect or consequential loss arising from or relating to this agreement (including your use of the Service) including:

(a) any loss of profits or loss of business (whether direct, indirect, anticipated or otherwise); or
(b) any loss you may suffer as a result of any faults or interruptions in your Service, or
(c) any loss caused by any use made of the Service (including any content that is sent, received, viewed or hosted using the Service).

9.10 To the extent permitted by law, our total liability for loss that is not (for any reason) covered by or excluded or limited by clauses 9.7-9.9 is limited in aggregate for any and all claims to $100.

Your liability to us

9.11 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

10 Information

10.1 Information concerning you will be held in a database. The database will contain your name, address, telephone numbers, bank account or credit card details, billing details, information relating to the provision and use of the Service, and information provided by you in connection with this Agreement or the Service.

10.2 This information (other than bank account and credit card details) may be used:

(a) to enable us to perform our obligations to you under this Agreement, including to provide the Service;
(b) to enable us to ensure that you perform your obligations under this Agreement;
(c) by any entity related to us and any service provider, for planning, research, or if required by any law (including without limitation the Creative Telcom Pty Ltd Corporation Act), or if required by the rules of any stock exchange and, except for Ponderings as set out in clause 10.5, if you give us your express consent, for the promotion and marketing (whether targeted, direct or indirect) of our products and services or the products or services of any service provider and any entity related to us.

10.3 In addition to our other rights under this clause 13, we may give Credit Information about you to a credit reporting agency to:

(a) obtain a consumer credit report about you; or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about you.

10.4 In addition to our other rights under this clause 13, we may (in accordance with the Privacy Act 1988):

(a) obtain and use information concerning your commercial activities and commercial credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess your application for the Service (if the application is for consumer credit) or the collect overdue payments;
(b) obtain or use a consumer credit report about you from a credit reporting agency to assess your application for the Service (if it is for commercial credit) or collect overdue payments; and
(c) disclose information about you to other credit providers or obtain and use information from other credit providers for the purposes of assessing your application for the Service, your ongoing credit worthiness or the status of any account held by you with us or with any other credit provider.

10.5 We may send our monthly newsletter, Ponderings, to you via email each month. Ponderings will contain information relating to the Service and may also contain information about Creative Telcom Pty Ltd and/or new products and services offered by Creative Telcom Pty Ltd that may be of interest or benefit to you. Ponderings will not contain any advertising, marketing or promotional material for other parts of Creative Telcom Pty Ltd or for third party suppliers. As Ponderings is one of the principle means by which we tell you about Service related matters, you cannot opt out of receiving Ponderings and we will not include a functional unsubscribe message with the email containing Ponderings.

10.6 You consent to the collection, use and disclosure of information as set out in this clause 10.

11 Transferring your Service or this Agreement

11.1 Your rights under this Agreement belong to you alone. You may not transfer your rights and obligations in respect of the Service or this Agreement without our prior consent. Our consent will not be unreasonably withheld.

11.2 From time to time, we may need to ask another party to provide some aspect of the Service to you. We may transfer or novate any of our rights or obligations under this Agreement to a reputable, credit worthy third party who agrees to be bound by our obligations under this Agreement. We will notify you if this happens.

11.3 At your request, we may change the place at which your Service is provided, if we are able to. You may need to pay a charge for installing your Service at the new address and you may experience some delays as a result of a change of address. We cannot guarantee that we will be able to provide the Service at the new place or take responsibility for any delays.

12 Taxes

12.1 The charges in the Plan Table may not include all taxes. You must pay us any applicable taxes that we include as part of your invoice for the Service. Applicable taxes may include any stamp and other duties, fees, taxes (including GST) and charges relating to your purchase of any Equipment, this Agreement or the performance of this Agreement, and any other transaction arising out of this Agreement.

12.2 GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST you must pay us an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed. GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST, you must pay us an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed.

12.3 In this clause 12, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.

13 General Terms

13.1 Neither party waives any of its rights under this Agreement merely because it does not exercise them, or there is a delay in our exercising them.

13.2 This Agreement is governed by the laws of the Australian State or Territory in which you are connected to the Service.

13.3 Clauses 5, 6, 7, 8, 12 and 13 survive termination of this Agreement (regardless of any other clauses that may survive termination).

13.4 If we need to notify you of any matters relating to the Agreement we ask, and you agree, that we may use post, fax, or email to the default email address we allocated to you. If we do use email, you will be taken to have received the email if the email leaves our servers, unless we receive evidence to the contrary.

13.5 If you acquire the Service through a Retailer, we ask you to acknowledge that:

(a) the Retailer may act as our agent for the purposes of receiving a copy of this Agreement signed by you and providing it to us; and that
(b) the Service is provided by us and not by the Retailer.

14 HiBIS customers

14.1 If you are acquiring the Service under the HiBIS Scheme, this clause 17 will apply to you.

14.2 You must complete a HiBIS Attestation Form when you apply for your Service. You agree to provide such evidence to us as we reasonably require to support the information submitted when you completed the HiBIS Attestation Form.

14.3 As stated in clause 4 of this Agreement, we can change this Agreement (including the Plan Table or the AUP) in accordance with clause 4 but:

(a) we cannot change the prices for your selected pricing plan as set out in the Plan Table; and
(b) we will not change this Agreement without prior approval from the Commonwealth of Australia as represented by the Department of Communications, Information, Technology and the Arts.

14.4 You may change your pricing plan from a HiBIS ADSL pricing plan to a non-HiBIS ADSL pricing plan, however, your remaining Con tract Term will continue to apply to your new pricing plan.

15. Additional Users

15.1 We may allow you to have Additional Users who are able to access the Creative Telcom Pty Ltd ADSL Service through your modem. If we allow Additional Users, this clause 18 applies.

15.2 You may request Additional Users on your Service as set out in the Plan Table. By requesting Additional Users, separate log-in, email account and help-desk services will be provided for each Additional User. References in this Agreement to your "usage" or your Service "usage allowance" includes usage by both you and your Additional Users.

15.3 You agree to ensure that any Additional Users comply with the AUP.

18.4 We will give you the number of Software licences that corresponds to the number of Additional Users requested, valid for the time period that we authorise those Additional Users. You must only use the Software on the number of additional PCs corresponding to the number of any Additional Users you have requested.

19 Glossary

"AUP" means our policy about the acceptable levels and methods of use of the Creative Telcom Pty Ltd ADSL Service. The current version of the AUP is located on the Creative Telcom Pty Ltd website at creativetelcom.com.au .

"Additional User" means a person (other than you) whom you nominate and we authorise to access the Creative Telcom Pty Ltd ADSL Service through your modem.

"Agreement" means these terms and conditions, the AUP, the Plan Table, and the terms contained on your Application Form.

"Application Form" means:

(a) if you apply online, the online application form for the Service you submitted at creativetelcom.com.au
(c) if you sign an application form, the application form you sign.

"Creative Telcom Pty Ltd ADSL Service" and "Service" mean the broadband service we provide from the Equipment to the internet, including:

(a) access to the World Wide Web, Creative Telcom Pty Ltd broadband web hosting services, electronic mail service and global newsgroups;
(b) the ability to upload and download files to and from the global internet using the file transfer protocol;
(c) access to Telnet and native and HTTP access to global gopher services; and
(d) other services we may advise to you from time to time.

"Business Customer" means a customer who is not a Residential Customer.

"Cancellation Fee" means the cancellation fee set out in the Plan Table.

" Con tract Term" means the period you nominated on the Application Form and starting on the Service Agreement.

"Credit Information" means:

(a) identity particulars (name, address, date of birth, ABN, ACN or ARBN);
(b) your application for credit or commercial credit, including the amount applied for;
(c) the fact we are a current credit provider to you;
(d) payments which are overdue by more than 60 days and for which debt collection has commenced;
(e) advice that payments are no longer overdue in respect of a default which has been listed;
(f) information that you have committed a serious credit infringement; and

"Guarantee" and "Service Level Guarantee" means the ADSL customer service level guarantee.

"Maintenance Period" means:

(a) for new Equipment that we provide to you, the longer of:
(i) your Con tract Term;
(ii) 12 months from the date on which we deliver the Equipment to you; or
(b) for new Equipment that you order from us after the commencement of this Agreement, 12 months from the date we provide the Equipment to you.

"Material Terms" means those terms and conditions we read out to you over the telephone.

"Premises" means the location or building to which the Service will be provided and the ADSL Transmission Facilities installed, and the land at that location or on which the building stands.

"Regulatory Event" means:

(a) a determination or notice issued by the Australian Competition and Con sumer Commission; or
(b) a determination by any court; or
(c) a determination by us that, in our opinion, on reasonable grounds and acting in good faith,

the supply of the Creative Telcom Pty Ltd ADSL Service, the terms of this Agreement or any action taken or required to be taken in accordance with this Agreement contravenes or may contravene any applicable law including, without limitation, the Telecommunications Act 1997 (Cth) or the Trade Practices Act 1974 (Cth).

"Residential Customer" means a customer who takes up the Service predominantly to use for personal, household or domestic use or consumption.

"Retailer" means a third party that has entered into a dealership agreement with Creative Telcom Pty Ltd, in order to promote Creative Telcom Pty Ltd services.

"Self-Installation Kit" means a kit containing the Equipment and Software you need to connect to the Service.

"Service" see "Creative Telcom Pty Ltd ADSL Service".

"Service Commencement Date" means the date defined in clause 3.2.

"Software" means any software we supply to you for use in conjunction with the Service, including any upgrades and manuals.

"You" and "Your" (with or without initial capital letters) means the person named as the customer on the Application Form.

"We", "Our", and "Us" (with or without initial capital letters) means Creative Telcom Pty Ltd (ABN 55 114 934 520) and its employees; as well as its agents, sub-agents and their respective employees.

"Website" means the Creative Telcom Pty Ltd ADSL website.