If we accept your application for a credit account with us we will supply you with internet services in accordance with these terms and conditions.

1.Definitions and Interpretation

(The words highlighted in bold in this agreement are definitions) BROADBAND CITY means BROADBAND CITY registered as a business name in NSW ABN, trading as BROADBAND CITY and its employees, officers, agents and affiliates. Customer means the person on the application form which BROADBAND CITY accepts. Agreement means these standard terms and conditions (as amended or varied from time to time by BROADBAND CITY), the details on the customer's application for a credit account, the signed application form and the type of account that the customer selects. Service or services or internet service means the communication internet service provided by BROADBAND CITY, and any future modifications to the service. ('The services') Customer User ID means the login ID assigned to the customer. Type of account means the type of account that the customer selects to use. BROADBAND CITY will provide the services to the customer upon commencement of this agreement.

2.Commencement

The period of service for the services commences when BROADBAND CITY registers the Customer's User ID. It ends at the date of termination.

03.BROADBAND CITY's Fees and Charges

The customer agrees to accept the pricing and charges for services for the customer's type of account as published on the BROADBAND CITY's home page at www.broadbandcity.com.au. The customer agrees that these form part of these terms and conditions. BROADBAND CITY may vary the pricing and charges at any time by giving reasonable notice to the customer by e-mail and by publishing the new price or charge on its home page. By continuing to use BROADBAND CITY's services after BROADBAND CITY publishes its new price or charge the customer agrees to accept the new price or charge. BROADBAND CITY will send the customer a monthly account on the anniversary date of the account of each month via e-mail. The customer agrees to pay from the commencement date a one-off charge for each User ID registered. The customer agrees to pay within seven days of BROADBAND CITY issuing an account for: all charges for the type of account that the customer selects, incurred by any person using the customer's password. (The customer must pay these charges whether or not the use of the password is authorized); and any additional charges that the customer incurs through using the services.

Payment must be done using an automatic debit on a credit card authorized by the customer.

4.Customer's own costs

The customer agrees to pay for: installing and using telephone lines and all other equipment needed to use the services; all telecommunication charges for using the services; and all government taxes, duties and levies imposed on the customer or BROADBAND CITY in providing the services, including GST.

5.Acceptable Use Policy

The customer agrees to abide by BROADBAND CITY's Acceptable Use policy published on the BROADBAND CITY website: www.broadbandcity.com.au. This policy may be changed from time to time and the customer must ensure that they become aware of any such changes.

6.Security Deposit

BROADBAND CITY may require the customer to pay a security deposit before providing any Services, or as a condition of continuing any of the Services. In its discretion, BROADBAND CITY may use the security deposit to pay for any costs, loss or liability caused to it by the customer. BROADBAND CITY will refund the balance of the security deposit, without interest, when the customer has fully performed all obligations under the agreement.

7.Amendment of agreement

BROADBAND CITY may amend these terms and conditions and the agreement at any time after giving reasonable notice to the customer. BROADBAND CITY may give this notice electronically to the customer's e-mail address and by posting it on its website. The customer agrees that if the customer continues to use the services after notice is given the customer has accepted the amendment.

8.Publication at Customer's Risk

The customer accepts all responsibility for any information and material that the customer publishes over the services. The customer indemnifies BROADBAND CITY from any liability that BROADBAND CITY incurs through the customer's publication of anything over its services. The customer acknowledges that BROADBAND CITY does not vet or approve anything available through its service and that BROADBAND CITY accepts no liability for any material available on the services. The customer accesses and uses such information and material at the customer's own risk.

9.Provision of Service

The customer acknowledges that BROADBAND CITY cannot provide an uninterrupted or fault-free service. The customer acknowledges that BROADBAND CITY provides its services to the customer at times and by means that it decides in its own discretion.

10.Breaches of the agreement

The customer agrees to indemnify BROADBAND CITY against any economic loss to or liability to BROADBAND CITY as a result of the customer breaching the terms of any agreement with BROADBAND CITY. The customer agrees that this includes the period between when BROADBAND CITY became aware of the breach and when it was entitled to terminate the agreement. The customer must pay to BROADBAND CITY all expenses it incurs in recovering any money that the customer owes to it.

11.Termination

Termination by BROADBAND CITY:BROADBAND CITY may terminate the agreement or the provision of any services: If the customer breaches any term of the agreement including those relating to payment or use; or BROADBAND CITY believes that the customer is or may be bankrupt or insolvent; or the customer has provided false or incomplete information to BROADBAND CITY; or if BROADBAND CITY or a regulatory authority believes that it is not in the public interest to continue providing the services to the customer. Termination by the customer: The customer may terminate the agreement at any time by giving thirty days written notice to BROADBAND CITY. The agreement is terminated on the thirtieth day after BROADBAND CITY receives the notice of termination. This notice may be given electronically and by email. On termination the customer must return to BROADBAND CITY any materials that BROADBAND CITY provided to the customer in relation to the services.

12.Liability of customer on termination

Termination by BROADBAND CITY: If BROADBAND CITY gives the customer notice of termination, the customer must immediately pay all outstanding charges. The customer is not entitled to any refund of payments made under this agreement. BROADBAND CITY must use the customer's security deposit to offset any amount that the customer owes BROADBAND CITY at termination. Termination by the customer: BROADBAND CITY will refund to the customer any unused advanced payments on monthly accounts. BROADBAND CITY will not refund to the customer any payments relating to special or discounted accounts.

13.Suspension of Service

BROADBAND CITY may suspend, in its discretion and without notice to the customer, the services or may disconnect or deny the customer access to any of the services: if the customer breaches any term of the agreement - including failing to pay due charges - until the customer remedies the breach; or if the customer does anything that BROADBAND CITY believes violates the BROADBAND CITY's Acceptable Use Policy. During any technical failure and modification of or maintenance to the services BROADBAND CITY may suspend or disconnect the service without notice to the customer. BROADBAND CITY will make all reasonable attempts to resume the service as soon as reasonably practicable. The customer remains liable for all charges due throughout the period of suspension.

14.Technical Support

BROADBAND CITY may but is not obliged to provide the customer with technical support. BROADBAND CITY does not guarantee the support and is not liable for any loss or damage caused to the customer in connection with the support.

15.Disclaimer and exclusion of Liability

To the extent that the law allows,BROADBAND CITY is not liable to the customer or any other person or entity for: negligence; or any economic loss or liability caused by its supply or failure or delay in to supply the services; or the content, context or confidentiality of any communications made using the services.BROADBAND CITY cannot provide support for software it does not supply, including software downloaded from the Internet. This disclaimer does not apply to any term or warranty that the law does not allow to be excluded. Any term or warranty that the law implies into this agreement is deemed to be included in the agreement. If the law allows it, BROADBAND CITY limits its liability at its own discretion, to: repairing or replacing, or paying to repair or replace any damaged or faulty goods; or resupplying or paying the cost of resupplying the services.

16.Credit checks and the Privacy Act

The customer consents to BROADBAND CITY obtaining from a credit reporting agency any necessary personal information to allow BROADBAND CITY to assess the customer's application for credit. Information on what personal information BROADBAND CITY may obtain and how it may use it is in the Privacy Act box below. Particular information about an individual is governed by paragraph 1.3 of the National Privacy Principles. A copy of the National Privacy Principle 1.3 can also be obtained by reference to BROADBAND CITY website.

17.Assignment

The customer must not assign the customer's rights under this agreement.

18.Governing Law

The laws of New South Wales govern this agreement. BROADBAND CITY and the customer agree to submit to the jurisdiction of the New South Wales courts.

CONSENT TO ACCESS CREDIT APPLICATION UNDER THE PRIVACY ACT 1988 You have provided BROADBAND CITY with information about yourself in your application. BROADBAND CITY may disclose your credit information to a credit reporting agency. BROADBAND CITY may use this information only in accordance with the Privacy Act 1988. In applying for a credit account with BROADBAND CITY you acknowledge that the following summarised sections of the Privacy Act apply to your application:

1. BROADBAND CITY may give notice of disclosure of your credit information to a credit reporting agency. Section 18E (1) - Section 18E (8) (c) - Section 18E (3)

2. BROADBAND CITY may seek commercial credit information. Section 18L (4)

3. BROADBAND CITY may seek consumer credit information in relation to commercial credit. Section 18K (1) (b) and Section 18K (1) (h).

4. BROADBAND CITY may use a credit report about you for collecting overdue payments. Section 18K (1) (h).

5. ROADBAND CITY may seek from or give to other credit providers details about your credit worthiness. Section 18N (1) (b).

If you have any particular queries you should seek independent legal advice or refer to the Privacy Act 1988 yourself.

6. The following activities without limitation are prohibited:

• Engage in any activity that may jeopardize or disrupt the normal operation of BROADBAND CITY and any network or system that it is linked to.

• Breach any security measure or authentication system on the Internet including attempt to scan, probe or test the vulnerability of a system or network.

• Interfere with services of any network or system with the intent of overloading the network or system

• Attempt to conceal or forge any TCP-IP packet header or any part of the header information.

• Unauthorized monitoring of data or traffic on any network or system.

• Attempt to transfer files or computer programs to another network or computer system without the expressed approval or consent of the owner of the network or system.

7.BROADBAND CITY considers the activities in item 6 as abuse of service and will cause immediate termination of the customer's services without prior notice.

8.BROADBAND CITY prohibits sending of any unsolicited email messages ("spamming") of any kind. The customer may not use or attempt to use another network's mail server to

do spamming. The customer agrees not to send or forward any malicious email or propagate chain emails. The customer must not use another email address that is owned by another person or company without the consent or authorization of the owner.

9. The customer is aware by doing any of these prohibited acts that it may incur criminal or civil liability and BROADBAND CITY will fully cooperate with any law enforcement agency in the investigation and prosecution of such activities.

This Acceptable Use Policy specifies the actions prohibited by BROADBAND CITY to customers using the Internet. The customer referred to in this document is the customer as defined in Clause 1 of the BROADBAND CITY Terms and Conditions or any user of the internet service provided to the customer whether authorized or not authorized by the customer. BROADBAND CITY may vary this policy at any time and effective upon posting of the changed policy on the BROADBAND CITY website WW.BROADBANDCITY.COM.AU.

1. All services are subject to our excessive use policy. A service is defined to be excessive if it is using more than ten times the average use of customers. The average use per customer will be published on the website and updated on a monthly basis. The customer will be notified if the service being used is excessive. If the service is excessive for three consecutive months then the service will be terminated.

2. The customer must not use the BROADBAND CITY network to break any Australian or International law including criminal, copyright and intellectual property laws.

3. The customer agrees not to publish any illegal material. The customer acknowledges that BROADBAND CITY does not vet or approve anything available through its service and that BROADBAND CITY accepts no liability for any material available or published using its services.

4. The customer agrees to conform to Internet protocols and standards and abide by the acceptable use policies of other networks that BROADBAND CITY services are linked to.

5. The customer abides by the security and authentication protocols of BROADBAND CITY and all other network that it is linked to. The customer may not interfere or circumvent any established security or authentication protocols of any hosts, network, account or services available on the Internet. These activities are sometimes referred to as "hacking", "cracking" or "denial of service attacks".

6. The following activities without limitation are prohibited: • Engage in any activity that may jeopardize or disrupt the normal operation of BROADBAND CITY and any network or system that it is linked to • Breach any security measure or authentication system on the Internet including attempt to scan, probe or test the vulnerability of a system or network. • Interfere with services of any network or system with the intent of overloading the network or system • Attempt to conceal or forge any TCP-IP packet header or any part of the header information. • Unauthorized monitoring of data or traffic on any network or system. • Attempt to transfer files or computer programs to another network or computer system without the expressed approval or consent of the owner of the network or system.

7. BROADBAND CITY considers the activities in item 6 as abuse of service and will cause immediate termination of the customer's services without prior notice.

8. BROADBAND CITY prohibits sending of any unsolicited email messages ("spamming") of any kind. The customer may not use or attempt to use another network's mail server to do spamming. The customer agrees not to send or forward any malicious email or propagate chain emails. The customer must not use another email address that is owned by another person or company without the consent or authorization of the owner.

9. The customer is aware by doing any of these prohibited acts that it may incur criminal or civil liability and BROADBAND CITY will fully cooperate with any law enforcement agency in the investigation and prosecution of such activities.

Broadband City will endeavor to resolve all complaints from customers efficiently and quickly. It is the policy of Broadband City to attend to complaints immediately and provide an immediate response within 24 hours. To facilitate the handling of customer's complaints, we encourage customers to direct their complaints using the following:

1. Through the customer support line on 02 8203 3266 OR

2. Through the Broadband City website www.broadbandcity.com.au and by clicking CONTACT US. Customer complaints are handled initially by our Customer service agents. They get initial data from the customers and provide the first level of support. If the issue is resolved within this level, then the complaint is recorded on our Customer Care notes and the case is closed. If the complaint requires a higher level of support, then the complaint is raised to the attention of the Accounts Manager. The customer will be asked to document the complaint in detail and send the details in an email to accounts@broadbandcity.com.au. It is necessary that all the relevant information regarding the complaint is documented so the Accounts Manager can handle the complaint properly and effectively. The complaint can also be sent by faxing to 02 97290775 or by post to PO BOX 160, Parramatta NSW 2124 Attention Accounts Manager. The customer should get an acknowledgment response within 24 hours of receiving the complaint. The actual resolution to the complaint can take from one to ten working days. The Accounts Manager will reply by email so as to document the response and call the customer to discuss the contents of the response. A summary of the exchanges with the customer will be recorded on the Customer Care notes. If the complaint is resolved after this response, then final notes are recorded in the Customer Care notes and the case is closed. If the complaint is still unresolved after these exchanges, then the Accounts Manager will advise the customer of other avenues of resolving the matter. The Accounts Manager may advise the customer to seek the assistance of the TIO Ombudsman or the consumer advocate that operates within the State.

Personal Information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can be reasonably be ascertained from the information or opinion.

The purpose for which Broadband City collects personal information from individuals is for use of credit assessment and network security. The organizations or individuals to which the information would be disclosed are:

1. a credit reference bureau and the main consequences for you if the information is not provided, is that your application for Internet or voice services may be refused.

2. a credit reference bureau or collection agency for any payment defaults

3. Network security contractors or employees to ascertain the integrity or breaches of the Internet network

4. Marketing organization for any marketing of products or services

Broadband City advises that it will collect personal information for the purpose of processing your application, confirming your identity, addressing any feedback or complaints you have, answering any queries you may have and for any purpose for which it was requested or which directly or indirectly relates to developing and improving its products and services.

Broadband City proposes to abide by the National Privacy Principles espoused in the Privacy Act 1988 (Cth).

Broadband City may exchange personal information:

• with any entity to which it is required or authorized by or under law to disclose such information (for instance, Federal or State law enforcement agencies and investigative agencies, courts, and various other Federal or State government bodies);

• with others that you have been informed of at the time any personal information is collected;

• with our business associates and others for purposes directly related to the purpose for which the personal information is collected

• with our professional advisors and other contractors (for example IT consultants and mailing houses); or

• with your consent (express or implied), to others.

Broadband City may also obtain personal and other information from some or all of the above to enable it to provide its services or products to you. When it obtains personal information and other information from third parties to whom it is referred by you, Broadband City will assume you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information.

If Broadband City use or disclose your personal information for a purpose (a "secondary purpose") other than the main reason for which it was originally collected (the "primary purpose"), to the extent required by law, we will ensure that:

a) the secondary purpose is related to the primary purpose of collection and you would reasonably expect that Broadband City would use or disclose your information in that way; or

b) you have consented to the use or disclosure of your personal information for the secondary purpose; or

c) the use or disclosure is required or authorized by or under law; or

d) the use or disclosure is otherwise permitted by law.

You can ask to obtain access to your personal information which Broadband City holds, although under some circumstances permitted by law, it may not provide such information to you. Also Broadband City may not be able to require our contractors to provide personal information to you.

You may be asked to put your request in writing and to pay a reasonable fee levied by Broadband City for that purpose. If any of the information obtained by Broadband City is incorrect or inaccurate, it is expected that you provide the correct information so that the information hold by Broadband City is complete and accurate and up-to-date.

Please let us know if you believe that any personal information relating to you is incorrect.

If you have any complaints about the way Broadband City has dealt with your personal information, you are asked to contact Broadband City by telephone on 02 82032688 and Broadband City will attempt to respond to the complaints or requests made.

If you are unsatisfied with the outcome, you may refer the matter to the Office of the Federal Privacy Commissioner at: Website: www.privacy.gov.au Phone: 1300 363 992

If it is necessary this Privacy Policy may be amended at any time. If that occurs, the amendments will be available on the Broadband City website so that you may be aware of how Broadband City manages your personal information.

Please contact Broadband City if you have any questions about personal information that it holds about you or the way it handles your personal information.