Standard Form of Agreement - Telephony Service Description

Rules of interpretation and capitalised terms used in this Service Description are defined
either in the General Terms of our SFOA or in paragraph 11 of this Service Description.

1. ABOUT THE TELEPHONY SERVICE DESCRIPTION

Our Standard Form of Agreement

1.1 This is the Telephony Service Description of our SFOA under which we supply our Telephony

Service to you.

1.2 The General Terms set out in Section A of our SFOA also apply.

Service options

1.3 The Telephony Service comprises of the following Service options:

(a) the Telephony Preselect Service which is described in paragraph 2;

(b) the Telephony Full Phone Service which is described in paragraph 3.

2. THE TELEPHONY PRESELECT SERVICE

What is the Telephony Preselect Service?

2.1 The Telephony Preselect Service enables you to select us as your Preselected carriage service provider for the provision of:

(a) national (STD), fixed to mobile, and international calls; and

(b) our other products and services from time to time listed on the Telephony Product List.

2.2 Calls made using the Telephony Preselect Service can terminate to:

(a) Australian national geographic numbers (by dialling the national area code relating to the call number and the called number), but excluding calls to numbers in the same Local Call charging zone or dialling areas;

(b) digital mobile numbers (by dialling the mobile number which begins with the prefix 04); and

(c) most international long distance numbers (by dialling 0011 + the relevant country access code + the relevant area code (if applicable) + the called number.

2.3 All emergency calls dialled using the Telephony Preselect Service will be routed to the destination nominated by your Line Acess supplier.

Restrictions on connection and use of the Service

2.4 The Service is subject to the interconnection arrangements between us and the relevant Supplier with whose Network the called number and the calling number is associated.

2.5 The Service is only available to customers who Preselect their Access Line to us.

2.6 The Service is not available to customers whose local telephone service is provided via the Optus Cable Network or the Orange PSTN or any other Supplier’s Network which is incompatible with our Network or the Service.

2.7 The Service does not include:

(a) the ability to make or receive Local Calls; or

(b) the ability to make or receive modem calls; or

(c ) calls to certain premium services.

Connecting the Service

2.8 After we accept your Application for the Service and, if you are already Preselected to another Supplier, receipt of your transfer authority authorising us to change your Preselection to us, we will try to connect the Service within a reasonable period.

2.9 Particular timeframes for connecting the Service may be set out in the Customer Service Guarantee.

Accessing the Service

2.10 You will have access to the Telephony Preselect Service if your Access Line is Preselected to us. The Telephony Preselect Service may be accessed on that Access Line by dialling the numbers referred to in paragraph 2.2.

Service commencement and term

2.11 You acquire, and we commence to supply, the Telephony Preselect Service:

(a) if your Access Line was previously Preselected to another Supplier, from the date on which the Preselection is changed to us by the Local Exchange Carrier for that Access Line;

(b) if responsibility for the Access Line has been transferred to you and the Access Line was already Preselected to us, from the date on which you become legally responsible to the Local Exchange Carrier for the Access Line;

(c) if you have requested connection of a new Access Line and you have Preselected us, from the date on which the relevant Local Exchange Carrier connects your Access Line, until the Service is cancelled or transferred in accordance with our SFOA.

Preselection and Use of Access Line

2.12 You acknowledge that there may be a delay between when you Preselect us and when the Preselection change is implemented by the Local Exchange Carrier. Similarly, if you wish to change your Preselection from us, there may be a delay between when you Preselect another Supplier and when that Preselection is implemented by the Local Exchange Carrier. We will not be liable for any delay by, or any act or omission of, the Local Exchange Carrier in respect of the implementation of a Preselection choice.

2.13 If you acquire the Service and accordingly change the Preselection of your Access Line to us, you will remain responsible to your previous Preselected Supplier for all charges for Preselected calls made on that Access Line until the Local Exchange Carrier changes the Preselection. Similarly, if you wish to change the Preselection of your Access Line away from us to another Supplier, you will remain responsible to us for all charges for Preselected calls made on that Access Line until the Local Exchange Carrier changes the Preselection.

2.14 If you vacate the Premises for which you have acquired the Service without first:

(a) terminating supply of the Service by giving 14 days notice; or

(b) assigning the Access Line to an incoming tenant or owner in accordance with paragraph 6.2(b)(i),

you and the incoming tenant or owner will be jointly and severally liable for use of the Access Line (including call charges) until you cease to acquire the Service in accordance with paragraph 6.2(b).

3. THE TELEPHONY FULL PHONE SERVICE

What is the Telephony Full Phone Service?

3.1 The Telephony Full Phone Service provides you with:

(a) access to a local telephone service that is a Telstra service resupplied or resold by us as described in this paragraph 3 (“Local Access Call Service”); and

(b) a long distance telephone service as describe in paragraph 2 (“Preselect Service”), (together, the “Service”).

3.2 The Telephony Full Phone Service provides you with:

(a) the ability to make and receive calls capable of being carried over the Resale Access Line, including:

(i) the call types referred to in paragraph 2.1;

(ii) untimed Local Calls;

(iii) calls to 13 or 1300 numbers;

(iv) calls to 1800 services (for example, calls to 1800, 18, 1223, 1225, 12551 and 12550 numbers)

(v) calls to emergency services (for example, calls to 000 and Telstra only numbers);

(vi) calls to Homelink Services (for example, calls to 180090x and 180091x numbers);

(vii) calls to directory assistance services (for example, calls to 1234, 12451 and 12455 numbers); and

(viii) calls to premium rate services (for example, calls to 190 and 1900 number); and

(b) a range of other telephone services and products described in Telstra’s Standard Agreement, including, where available, a standard telephone number, a directory listing, and provision of directory assistance and operator services.

3.3 Calls made using the Telephony Full Phone Service can terminate to:

(a) the numbers referred to in paragraph 2.2; and

(b) numbers in the same Local Call charging zone as the calling number.

3.4 All emergency calls dialled using the Telephony Full Phone Service will be routed to Telstra.

3.5 Customers can obtain some features and services available on the Telstra PSTN and ISDN Networks. Availability of a particular service is dependent on the technical feasibility of providing that service. The services available, the charges for the services and the terms of access may be amended from time to time as a result of changes to Telstra’s Standard Agreement.

3.6 Telstra or us can change the technical specifications of the Service at any time for operational and network planning reasons. We will endeavour to give you prior written notice of changes which will have a significant detrimental impact on your use of the Service and, in such cases, you may cancel the in accordance with clause 13.3(b) of the General Terms Restrictions on connection and use of the Service

3.7 You acknowledge and agree that our supply of the Local Access Call Service component of the Service is on terms that:

(a) you must continue to have us as your selected Supplier for your Long Distance Service (including calls to mobiles);

(b) if you select another Supplier for your long distance telephone services (including calls to mobiles) while using the Local Call Access Service, we have the right to override your choice by changing your long distance services Supplier back to us. You authorise us to do this at any time, until the Telephony

Full Phone Service is terminated or transferred. We will use reasonable endeavours to notify you that we are exercising our rights under this paragraph; and

(c) we will supply and you must acquire the Long Distance Service in accordance with paragraph 2 and the other provisions of this Service Description applicable to our supply of the Telephony Preselect Service.

3.8 The Telephony Full Phone Service is only available to customers whose Premises are physically connected to Telstra’s Public Switched Telephone Service and who select us as their long distance services supplier.

3.9 The Telephony Full Phone Service does not include any products or services listed from time to time on the Incompatible Product List.

3.10 You acknowledge and agree that:

(a) when you select us to supply the Service, prior to implementation of that selection, you must use your best endeavours to cancel any product or service listed on the Incompatible Product List which is acquired by you from your then existing Supplier (“Incompatible Service”);

(b) if you do not cancel any Incompatible Service prior to the date on which your selection is changed to us, we will not be able to provide you with the Incompatible Service after the date on which your selection is changed to us;and

(c) if an Incompatible Service is transferred to us as a result of changing your selection to us, we may remove the Incompatible Service from your account.

Connecting the Local Access Call Service

3.11 After we accept your Application for the Service and we receive your transfer authority selecting us to supply the Local Access Call Service, we try to connect the Local Access Call Service within a reasonable period.

3.12 Particular timeframes for connecting the Service may be set out in the Customer Service Guarantee.

Accessing the Local Access Call Service

3.13 You will have access to the Telephony Full Phone Service if the Premises are connected to Telstra’s PSTN and your Resale Access Line is Preselected to us. The Telephony Full Phone Service may be accessed on that Resale Access Line by dialling the numbers referred to in paragraph 3.2.

Local Access Call Service commencement and term

3.14 You acquire, and we commence to provide, the Local Access Call Service from the date on which Telstra has completed all steps necessary to enable you to acquire the Local Access Call Service from us, including to facilitate transfer and/or to install, test and activate the Resale Access Line. We will continue to provide the Local Call Access Service to you until it is cancelled or transferred in accordance with our SFOA.

Preselection and Use of the Resale Access Line

3.15 You acknowledge there may be a delay between when you select us to supply the Local Access Call Service and when Telstra has completed all steps necessary to enable you to acquire the Local Access Call Service from us. Similarly, if you wish to change your selection from us, there may be a delay between when you select a Supplier other than us and when that selection is implemented by Telstra. We will not be liable for any delay by, or any act or omission of, Telstra in respect of the completion of the churn (i.e. transfer) process.

3.16 You are responsible to Telstra, or your previous Supplier, for all charges billed by Telstra, or your previous Supplier, prior to and including the date of transferring your Access Line to us.

3.17 We are contractually responsible for the Resale Access Line and we are responsible for making decisions about the Preselection of the Resale Access Line. We will Preselect the Resale Access Line to us.

3.18 If you wish to change Preselection of your Resale Access Line to another Supplier, you must change the supply of the complete Telephony Full Phone Service. The Telephony line rental and local call Service is not severable from the Preselect component of the Service. In the event that you change the Preselect of your Resale Access Line to another Supplier, we will automatically change it back to Telephony Full Phone Service. To change the supply of Full Phone Service, please contact your preferred provider and they will initiate the change of service.

3.19 You may cancel the supply of the Telephony Full Phone Service but unless and until you or your new Supplier changes the Preselection designation of your Resale Access Line, we will continue to provide Preselectable Calls over that Resale Access Line and, subject to paragraph 6.2(a), we will invoice those calls to:

(a) you, if you are contractually responsible to Telstra for that Resale Access Line; or

(b) your new Supplier, if that Supplier is contractually responsible to Telstra for that Resale Access Line.

3.20 If you vacate the Premises for which you have acquired the Service without first:

(a) terminating supply of the Service by giving 14 days notice in writing to us; or

(b) assigning the Resale Access Line to an incoming tenant or owner in accordance with paragraph 6.2(a) (i), you and the incoming tenant or owner will be jointly and severally liable for use of the Resale Access Line (including call charges) until you cease to acquire the Service in accordance with paragraph 6.2(a).

Access to Premises and Equipment

3.21 You must provide us or Telstra with safe access to the Premises:

(a) to inspect or test a Facility which may be causing interference or danger; and

(b) in connection with the installation, provision and maintenance or removal of the Service or a Telstra Facility.

3.22 Upon cancellation of the Service, you must permit Telstra to enter the Premises to remove any Facility belonging to Telstra connected with the Service. If Telstra is unable to gain access to the Premises, we may recover from you the value of the Facility as a debt due.

3.23 You must indemnify us against a claim by the owner or occupier of the Premises in relation to our or Telstra’s entry onto those Premises.

3.22 The Service does not include the provision of cabling or equipment at the Premises.

3.23 You must not connect to a Telstra Facility any equipment or cabling which does not meet the requirements of any technical standards issued by the ACMA.

3.24 You must not interfere with the operation of the Service or Telstra Facility or make either unsafe and you acknowledge that the Telecommunications Act entitles Telstra to disconnect your equipment or cabling in certain circumstances.

Inquiries

3.25 As we are supplying the Service to you, all inquiries and requests should be made to us and not to Telstra. If you contact Telstra directly, Telstra may refuse to respond to your inquiry or request and may redirect you to us. Telstra also may charge us a service fee (including where Telstra does not deal with your inquiry or request), in which case we may pass the fee on to you.

Application of Telstra’s Standard Agreement

3.26 To the extent that Telstra’s Standard Agreement contains any additional terms and conditions relating to the Service which are not included in our SFOA, and which are not inconsistent with our SFOA, those terms and conditions will be deemed to be incorporated into our SFOA and you will accordingly be bound by those terms and conditions.

4. CHARGES AND INVOICING

Charges

4.1 You must pay the charges for the Service set out in the Pricing Schedule and any other charges set out in your Application and in accordance with any applicable provisions in the Pricing Schedule.

4.2 Using an override code (eg 1414, 1488) to make a Local Call whilst Preselected to us will incur the toll rates set out in the Pricing Schedule. Premium rate services and specially tariffed services are charged at the mobile rates set out in the Pricing Schedule.

Variation of Charges

4.3 We may vary the call charges and any other charges set out in the Pricing Schedule from time to time and will use reasonable endeavours to give you not less than 5 days prior notice of such variations by placing the variations on our website and/or by including a notice in your next invoicing information.

Invoices

4.4 We will invoice you as soon as possible after the end of each calendar month.

4.5 Your invoice will be electronically mailed to the email address provided by you to us from time to time. As of August 2005, printed paper invoices requested by you will incur a monthly fee per invoice as set out in the Pricing Schedule. An itemised account of calls and charges is available on our website and is available 24 hours, 7 days a week.

4.6 You agree that your invoice will contain only a summary of your total call charges, provided that we will provide itemised call details as set out in paragraph 4.5. You will need to use your username and password provided by us to you together with Internet access to obtain this information.

5. QUALITY OF SERVICE AND FAULTS

Service availability

5.1 Within a service area, it is technically impracticable to guarantee that the Service is available in each place within that area, or that capacity is available at all times to make and receive calls, or that the Service is free of faults or error.

Monitoring Calls

5.2 You can monitor calls which you make using the Service via our website. You must use your username and password provided by us in order to access this information. Calls records are generally updated once each day and provide information up to the previous business day.

5.3 If you have any queries regarding any of the calls made using the Service and recorded against your account, please contact us by completing and submitting a Call Record Query Form available 24 hours, 7 days a week.

Fault reporting

5.4 If you become aware of any fault in the Service (for example, you are disconnected during a call, experience a bad line call, or the Service is unavailable for use), hang up from the call immediately and report the fault to us by telephoning a Customer Service Representative (or such other number notified to you by us from time to time) or send an email to us.

Fault repair

5.5 We aim generally to repair faults in the Service (up to the boundary of our Network) as soon as practicable after you notify us of the fault. Particular timeframes for repairing faults in the Service may be set out in the Customer Service Guarantee. If you and us are not able to resolve your complaint to your satisfaction, you may refer your complaint to the independent Telecommunications Industry Ombudsman at www.tio.com.au.

Credit

5.6 If we consider that you have received poor service from us, we may, in our absolute discretion, provide a credit to you in relation to your future use of the Services. These credits will not be transferable or redeemable for cash.

Changes to your Access Line

5.7 If the status of your Access Line with your local network operator changes, this may affect your access to certain Services, and you must advise us of such change by telephoning a Customer Service Representatives (or such other number as notified to you by us from time to time) within 14 days of the change.

Informing Telstra and other Suppliers

5.8 In respect of the Telephony Full Phone Service, we are reselling Telstra services and will therefore need to inform Telstra of the fault report and to request Telstra to investigate and correct the fault. Telstra may need to contact you about the fault report and you must provide Telstra with the assistance it reasonably requires.

5.9 In respect of the Telephony Preselect Service, we use the services of other Suppliers in order to supply the Service to you, and will need to inform such other Suppliers of any fault report and may request such other Suppliers to investigate and correct the fault. Accordingly, other Suppliers may need to contact you about the fault report and you must provide such other Suppliers with the assistance they reasonably require.

6. CANCELLATION AND SUSPENSION OF SERVICE

6.1 We may, without liability, immediately cancel supply of the Telephony Full Phone Service to you by giving you 3 days notice, if your Resale Access Line ceases to be Preselected to us.

6.2 You will cease to acquire:

(a) the Telephony Full Phone Service:

(i) if we continue to provide the Telephony Full Phone Service over the Resale Access Line, but responsibility for the Service is to be transferred to another person, from the date on which we accept that person as a customer by implementing the necessary changes in the Service account details; or

(ii) if we are to cease supplying the Telephony Full Phone Service, from the date from which Telstra ceases to regard us as being contractually responsible to Telstra for the Resale Access Line.

(b) the Telephony Preselect Service:

(i) if we continue to provide the Telephony Preselect Service over the Access Line, but responsibility for the Service is to be transferred to another person, from the date on which we accept that person as a customer by implementing the necessary changes in the Service account details; or

(ii) if we are to cease supplying the Telephony Preselect Service, from the date on which your New Supplier notifies us that the Preselection change of your Access Line to your New Supplier has been implemented.

6.3 Our rights to suspend or terminate the Service under this paragraph 6, or any other paragraph of this Service Description, are in addition to our rights to suspend or terminate the Service under the General Terms of our SFOA.

7. PHONE NUMBERS AND NUMBER PORTABILITY

Selection and assignment of Phone Numbers

7.1 All Phone Numbers are selected, issued and used in accordance with the Telecommunications Numbering Plan and any numbering instruments issued pursuant to the Telecommunications Act. In order to comply with these requirements or with the requirements of any Regulatory Authority which administers Phone Numbers, we may be required to vary, withdraw, suspend or reassign a Phone

Number assigned to your Access Line. We will give you as much prior notice as is reasonably practicable.

7.2 We are responsible for selecting and assigning the Phone Number for a Service unless you port your Phone Number from your previous Supplier’s service.

Porting your Phone Number

7.3 If you are a customer who is connected to a Network other than ours and you wish to acquire the Service, you may be able to retain (port) your existing telephone number, subject to availability and technical and commercial considerations.

7.4 The porting of your Phone Number will be conducted in accordance with the Australian Communications Industry Forum Limited’s Line Number Portability Code. You may port your Phone Number if it is declared portable in accordance with the porting requirements administered by the relevant Regulatory Authority and no exemption from such obligations has been granted. If you have ported your Phone Number from another service provider and the Service is subsequently terminated

under our SFOA or you terminate the Service without reconnecting to another service provider, your Phone Number will be returned to the original service provider. Similarly, if you port your Phone Number from us to another service provider and are then disconnected the Phone Number will be returned to us.

7.5 In order to port your Phone Number to us, you must complete and sign a Porting Authority Form (PAF). You warrant to us that all information supplied by you in the PAF is complete and correct. You indemnify us against (and pay us for) any loss, liability, claim, damage, costs, expenses and charges reasonably incurred by us as a result of, or in connection with, the porting of any Phone Number to us which you authorise us to port but which Phone Number has not been validly assigned or allocated to you, or otherwise in connection with any incorrect or incomplete information supplied by you in the PAF.

7.6 Your previous telephone provider may charge you for porting and there may be other costs and obligations such as early cancellation fees.

7.7 During the process of porting the Phone Number from a Supplier’s Network to us there may be a brief period when Service is interrupted.

7.8 Once your Phone Number is ported, it will be managed in accordance with the Donor Carrier’s geographic porting guidelines and the Numbering Regulations.

No liability for Phone Numbers

7.9 We are not liable to you for any expense or loss incurred by you due to:

(a) any variation, withdrawal, suspension or reassignment of a Phone Number under clause 7.1 or

(b) you ceasing to have the right to use a Phone Number pursuant to clause 7.4.

8. CALLING NUMBER DISPLAY (CND) AND CALLING LINE IDENTIFICATION (CLI)

What is CLI?

8.1 Calling line identification (CLI) is information that is sent through the Network when you make a call. It allows the other party to see your telephone number if they have the right equipment.

Blocking CLI

8.2 You can choose whether to block transmission of CLI according to the terms and conditions of the Silent Number feature. Please call customer support to enable this feature.

8.3 If you do not block CLI in respect of calls made from your phone, you acknowledge and agree that when a call is made from your phone your Phone Number may be sent automatically to the equipment of the called party and displayed on the called party’s phone.

What is CND?

8.4 Calling number display (CND) allows you to see the number of a person calling you before answering if you have appropriate equipment (and the caller has not blocked the sending of their CLI). If a party calling your phone has not blocked CLI in respect of a call made from their equipment, and your equipment is capable of accepting CLI information and you have enabled Calling Number Display (refer to the Pricing Schedule for monthly service costs) the Phone Number of the calling party may be displayed on your phone at the time the call is made.

9. THE INTEGRATED PUBLIC NUMBER DATABASE (IPND)

9.1 Your Service is supplied to you with a public number and we, like other Suppliers, are required by law to supply your name, address, phone number and other public number customer details to a database known as the Integrated Public Number Database (IPND). This applies to all customers including unlisted customers. The IPND is used to publish public number directories, provide directory assistance, operate emergency call services and safeguard national security. The IPND is not used for other purposes.

9.2 If you have a silent line, your phone number and other unlisted service information, will not be published in public number directories or be disclosed by directory assistants, even though it must be provided to the IPND for the uses referred to in paragraph 9.1. You must contact us if you wish to have your basic IPND data altered in any way.

10. AGENCY

10.1 You appoint us as your agent to deal with:

(a) your current Supplier or Suppliers; and

(b) Telstra, with full authority to act on your behalf in relation to any telecommunications or other services provided by them over the Resale Access Line or Access Line, or in relation to the Resale Access Line or Access Line itself, including without limitation:

(c) to require Preselection to be changed to or from us;

(d) to terminate your existing supply arrangements with a Supplier (including Telstra);

(e) to request access to any of your account information held by any Supplier or by Telstra; and

(f) to receive from you, and to deal with a Supplier or Telstra in respect of, any faults, provisioning and service change requests or maintenance issues concerning the Resale Access Line, the Access Line or telecommunications services provided over them.

11. DEFINITIONS

11.1 In this Service Description:

Access Line means a line or line, and ancillary facilities, over which the Service is delivered, connecting a telephone or other equipment to a local exchange of a carrier or carriage service provider.

Donor Carrier means the Local Exchange Carrier that was allocated the Phone Number by the ACMA.

Facility has the meaning given by the Telecommunications Act (Cth) 1997.

Incompatible Product List means the list of products which are incompatible with the Service and which are published on our website.

Local Call means a local call as defined in Telstra’s Standard Agreement from time to time.

Local Exchange Carrier means the Supplier which owns and operates the Access Line.

Optus Cable Network means the Optus hybrid fibre coaxial cable network.

Phone Number means the service number assigned to your Access Line or Resale Access Line.

Port means, in respect of a Phone Number, to transfer a customer’s Phone Number from one Local Exchange Carrier to another in conjunction with the customer’s local call service.

Preselect an Access Line or Resale Access Line, means to designate a particular Supplier to provide preselectable services to that Access Line or Resale Access Line and Preselection and Preselected have corresponding meanings.

Resale Access Line, in relation to the Telephony Full Phone Service, means the telephone circuit and associated facilities installed and operation by Telstra between the Premises and Telstra’s local exchange, which we resupply to you as part of the Telephony Full Phone Service.

Service Delivery Point means the point at which a Service is made available for connection to your equipment or cabling.

Telephone Product List means the list of telephony products which are supplied by us and which are published on our website.

Telstra means Telstra Corporation Limited ACN 051 775 556.

Telstra Facility means a Facility owned by Telstra.

Telstra’s Standard Agreement means the Telstra Standard Form of Agreement formulated for the purpose of section 479 of the Telecommunications Act 1997 (Cth).

11.2 Unless otherwise stated, a reference to a paragraph is to a paragraph in this Service Description.