THE NOT SO FINE PRINT This Agreement is between you and Flexirent Capital Pty Ltd. GENERAL TERMS AND CONDITIONS c) Late Payment fee; if a Total Monthly Payment or any other amount due is not paid in full on time, a Late Payment Fee of $25 applies. For each failure to 1. PAYMENTS make a payment in full and on time, the fee is a) You must pay to us the Total Monthly Payment payable. In addition, you agree to reimburse us for shown on the Signature Page each month until you the amount that our bankers charge us for your decide to stop. dishonoured payment(s). All Late Payment Fees are b) If the Payment Date falls on a weekend or public payable on demand which we may debit the holiday, payment is due on the next business day. amount from your nominated bank account or credit card on any date at our election without c) Unless we otherwise agree, all payments must be notice to you. made by direct debit from your bank account or credit card. 6. GOVERNING LAW d) All payments are in advance and once paid, are a) This Agreement is governed by the laws of New not refundable for any reason. South Wales. 2. PRIVACY b) The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. a) We comply with the National Privacy Principles, the Code of Conduct for Credit Reporting and the Privacy Act (Cth) 1988. DDR SERVICE AGREEMENT b) You have a right to request access to the personal information that we hold about you. Contact our Privacy Officer for more information. 7. DEBITING YOUR ACCOUNT c) Subject to the payment of any applicable fee, we a) You authorise us to debit funds from your agree to provide you access to, or with a copy of, nominated account for any amount payable under the personal information that we hold about you. this Agreement and any other agreement between We can only deny access to you in accordance you and us. with National Privacy Principle 6. b) If any payment falls due on a non-business day, it d) You agree that we can disclose your personal will be debited from your nominated account on information to: the following business day. i) any person as permitted or required by law; c) All enquiries should in the first instance be ii) any of our related bodies corporate; our directed to us. assignees or potential assignees; the supplier of d) Your records and account details held by us will be the Equipment; any other supplier appointed kept confidential, except information required by by us, credit reporting agencies or any business our Financial Institution in the event of a claim or providing information about commercial credit relating to an alleged incorrect or wrongful debit. worthiness; other credit providers; insurers; any guarantor or proposed guarantor of your 8. CHANGES obligations to us; your assignees or proposed a) If you want to request a change to the drawing assignees; debt collection agencies; our banks arrangements, please contact us at least 14 days and financial advisers; our lawyers, prior to the next scheduled drawing date. You accountants, telecommunications provider, should contact us before contacting your Financial and other professional advisers; and any Institution. suppliers or contractors to us whom may need b) These requests may include: to have access to your personal information to provide services to us or you (including, i) deferring the drawing; without limitation, valuers, physical and ii) stopping an individual debit; electronic file storage suppliers, receivables iii) suspending the DDR; or management suppliers and data warehousers); and iv) cancelling the DDR completely. iii) any person specifically authorised by you in c) However, as we have relied on your agreement to writing to obtain your personal information honour the DDR, we would be unlikely to agree to from us. a request to change it, unless you provide a reasonable proposal as to how you will make good 3. DEFAULT AND TERMINATION your payment obligations under this Agreement. You will be considered to be in default if you do 9. YOUR OBLIGATIONS not pay in full the Monthly Payment. This Agreement will terminate upon the occurrence of a) It is your responsibility to: any of the following events: i) ensure that your nominated account can a) you give us notice terminating this Agreement accept direct debits as direct debits through BECS is not available on all accounts (your b) we give you notice terminating this Agreement Financial Institution can confirm whether your after your default; account can accept direct debits); 4. NOTICES ii) check your nominated account details with a) You must tell us if you change your bank account your Financial Institution before completing or credit card details, your business, postal or the DDR; email address, or if you think there is any iii) ensure that there are sufficient cleared funds information that we should be aware of about in the nominated account, by the due date, to your ability to comply with this Agreement. allow for payment of the amounts payable; b) We can give you notice by delivering it to you and personally or leaving it at, or sending it by post, iv) advise us if the nominated account is facsimile or email to your home, business, postal or transferred or closed. email address last known to us. An email notice shall be valid if not returned. b) If your drawing is returned or dishonoured by your financial institution, you should contact us to 5. FEES make suitable arrangements to rectify the non a) We reserve the right to charge fees for services we payment. If no contact is made, we reserve the provide. right to redraw the non-payment plus any b) Fees will be charged at our standard rates applicable liquidated damages and fees payable applicable from time to time. pursuant to this Agreement at any time at our discretion. c) You will be responsible for paying any varying charges including, but not limited to, taxes and TERMS AND CONDITIONS THAT APPLY any other fees and charges payable. 10. DISPUTES TO MOBILE BROADBAND a) If you believe that a drawing has been initiated incorrectly, contact us during business hours 12. THE SERVICE before contacting your financial institution. The service is a Broadband Internet service and b) If you do not receive a satisfactory response from provides access to the Internet and related services. us to your dispute, contact your Financial The service provides a connection to the Internet via Institution who will respond to you with an answer the Optus Mobile 3G/HSDPA and GSM networks. The to your claim: service is available to residential and small and i) within business days (for claims lodged within medium business customers who connect to a Mobile 12 months of the disputed drawing); or Broadband service and are approved by us. All ii) within 30 days (for claims lodged more than 12 applications for the service are subject to our credit months after the disputed drawing). assessment and acceptance. The service is only available to customers within the Optus 3G/HSDPA or c) You will receive a refund of the drawing amount if GSM coverage area and is subject to network we cannot substantiate the reason for the availability, refer to www.optus.com.au/coverage. drawing. 13. SATISFACTION GUARANTEE Blink Coverage Satisfaction Guarantee applies. If EQUIPMENT PROTECTION within the first week of connection, you are unhappy with the level of Mobile Broadband Internet coverage 11. LOANER EQUIPMENT or connection we will terminate your contract and a) The Loaner Equipment program is only applicable waive any Cancellation fees, as long as you return the to Customers who have chosen this option. Mobile Broadband Modem and SIM at your expense to an address nominated by us with a copy of your b) If your Equipment needs repair, we will, at your receipt or proof of purchase. If you do not return the request, lend you equipment (the Loaner modem to us, an equipment charge of $199 will be Equipment) while the damaged Equipment is being applicable. Monthly access charges are not repaired subject to the following conditions: refundable. i) You pay us a $220 Bond which is refundable 14. DATA PLAN ONLY upon return of the Loaner Equipment in good Monthly access charges are payable in advance. Blink working order; Mobile Broadband plans may only be used as a data ii) You pay us $30 which is non refundable to plan. You should not use the supplied SIM to access cover costs of freight and insurance of the (and may not be able to access) other services such as Loaner Equipment from Us to You and back Voice calls. If you are able to access such services, again your use of such services will be charged at prevailing c) You Agree to the following terms in relation to the rates. Data usage will be counted in kilobytes, where Loaner Equipment: 1024kb = 1MB and includes both uploads and i) the Loaner Equipment will be of the same downloads. class of equipment as the damaged 15. EXCESS DATA Equipment (for example, if the damaged Equipment is a laptop the Loaner Equipment Your pricing plan sets out a maximum amount of will be a laptop) but the Loaner Equipment included data that you can use to download and may not be identical to the damaged upload at high speed in a billing month. If you exceed Equipment (in brand, size or technical your plan’s included monthly data allowance, specifications); additional excess usage will be billed by Blink or our telecommunications partner, M2 Telecom. Excess data ii) you may only request Loaner Equipment for usage will be charged at a rate of $0.165 per Megabyte computer equipment which you use to access or part there of. Unused data allowance cannot be the broadband internet service; rolled over or substituted for other services. iii) you may request Loaner Equipment on more than one occasion, up to a maximum of 42 16. DOWNLOAD SPEED days in every 2 calendar years; Maximum download speeds on 3G/HSDPA are up to iv) you can have use of the Loaner Equipment and between 3Mbps and 3.6Mbps. Customers can with no monthly payment for the Loaner expect speeds between 500kbps and 1.5Mbps. Actual Equipment for a total of 42 days; speeds will vary and may be slower. Many factors affect speeds such as your distance from the mobile v) if you do not return the Loaner Equipment tower, the capacity and load of the mobile tower, within the 42 days, you will be charged $25 which bearer you are currently using (GSM, 3G/ per week thereafter until you return the HSDPA), your hardware and software, the source of Loaner Equipment to us; your download, and general internet traffic. The vi) you must return the Loaner Equipment to us service is subject to network availability. after the 42 days if we give you one month’s 17. CHANGING PLANS AND NOTICES notice; vii) Subject to some exceptions for remote areas, You may change to another Blink Plan with a higher we will deliver Loaner Equipment to, and download allowance at Blink’s discretion. collect the Loaner Equipment from, anywhere within Australia; Prices quoted are GST inclusive, on your Tax Invoice viii) If your request is made during normal charges will be calculated excluding GST. GST will be business hours and delivery is to an calculated on the total amount of taxable supplies Australian metropolitan area, we will make during the billing period and shown as a separate reasonable efforts to deliver Loaner entry. Blink reserves the right to change prices Equipment to you within 1 business day of including download rates and monthly excess your request (our ability to do this will megabyte fees at any time, with 30 days notice to you. depend on a number of factors including, the 18. TERM equipment we have in our storage facility). You have signed up to a contract with a term as ix) Loaner equipment is subject to availability of shown on the Blink Signature Page, under Agreed equivalent equipment in our warehouse. Term. The minimum cost of your plan over the Agreed term is the Total Amount Payable per month multiplied by the Agreed Term, with exception to Clause 13. If connection to the service is not maintained for the Agreed Term, you will be charged an early termination fee equal to the monthly fixed charge for each month remaining in your term or $0 for month to month contracts, $100 for contracts from 3 to 11 months, $200 for 12 to 23 month contracts, $400 for 24 month or higher contracts, whichever is the lessor amount. 19. CARRIER REQUIREMENTS Our Carrier has agreed to support us to provide the service on condition that you give the following undertakings, which by your use of the service you agree to do: a) Resale: you may not resell or resupply the Service. b) Privacy & marketing consents: you consent to allow us to disclose to the Carrier (or its related bodies corporate) your end user details, including information relating to your affairs or personal particulars (including any listed or unlisted telephone number, address and account history) or carriage services supplied to you. You consent to allow our Carrier (or its related bodies corporate) to use that information in order to facilitate the supply of carriage services to you by us or by the Carrier and for marketing purposes. c) Carrier liability: The Carrier is not liable to you (in contract, tort (including negligence) or otherwise) in relation to the service, or any delay or any failure to provide the service. Carriers and carriage service providers: you confirm that you are not a carrier or carriage service provider (as those terms are defined in the Telecommunications Act 1997 (Cth)). If you become a carrier or carriage service provider, then we or Optus may immediately cancel the service by notice to you. If we or Optus do so, we or they will negotiate in good faith with you to enter into an agreement governing supply of the service, on terms to be agreed. d) Indemnity: to the maximum extent allowed under any law, statute, regulation or code, you indemnify us in relation to any claims by persons that suffer loss as a result of a defect in the service. e) Acceptable use limitations: you agree to not use more than 8Gb in data (total download and upload) in each calendar month. If you use more than 8 Gb in any calendar month, you acknowledge that your service may be suspended or cancelled at our absolute discretion. f) No mobile number portability: you acknowledge that the service does not support mobile number portability between mobile carriers. You also acknowledge that you will not be allocated with the relevant mobile service number. g) Acceptable use policy: you agree to comply with the Blink Acceptable Use Policy, which is available at www.blinkit.net.au h) You must not disassemble, decompile or reverse engineer any software provided by Blink in relation to the Service. i) Suspension and termination of service: you agree that Blink reserves the right, at any time without notice (although Blink will endeavour to provide notice as reasonably practicable in the circumstances, taking into account technical, operational and commercial issues) to suspend or terminate your service. This is usually, but not limited to, the following reasons; fraud or criminal activity, reached plan data limits or high excess usage, credit management, system or network maintenance, or network interference.