DODO AUSTRALIA CONSUMER TERMS

These are our Consumer Terms, current for all new customers (including upgrading customers) from 8 May 2007.

These terms apply to consumer telecommunications services we provide as follows:

Part A contains general conditions that apply to all telecommunications service we provide;

Part B contains our pricing and payment terms for all products that we provide;

Part C applies to fixed line voice services;

Part D applies to mobile telecommunications services;

Part E applies to dial up and broadband internet connection services.

A.1 What are the terms and conditions that apply to services you purchase from us?

The terms and conditions on which we supply services to you are as follows:

1.         The service pricing and description that you selected when you applied for services with Dodo(including any minimum charges, special pricing, bonus offers and contract periods);

2.         This Part A of our Consumer Terms;

3.         The other Parts of these Customer Terms that apply to the specific services you have purchased;

4.         Any acceptable use policy, fair use policy or other document specifically referred to in these Consumer Terms; and

5.         Any other terms and conditions that we agree with you specifically and that are confirmed in an email from us to you. Our call centre staff are not permitted to make changes to the contract without sending you an email to confirm.

A.2 How to become a Dodocustomer

You become a Dodocustomer when you submit an application to Dodofor the provision of services if Dodoaccepts your application. The application can be submitted on a physical paper form, over the phone, or through the Internet. If Dodorejects your application (for example, because it is unable to provide a service to you or because you do not meet our credit criteria), Dodowill refund any money you have paid at the time of making your application within 7 days, but only if you have returned any goods that you collected before Dodorejected your application.

A.3 When does your agreement with Dodostart?

Your agreement with Dodo starts when Dodo accepts an application you have submitted and does everything Dodo may reasonably be expected to do to make the services available for your use. Usually, your recurring billing date and any Minimum Term, start on the day that a service is actually provisioned and ready for use. If a cooling-off period applies under state legislation (for example, if you bought the services as part of a door-to-door or telemarketing campaign), the agreement does not start until the cooling off period expires.

A.4 Does a minimum term apply?

You are a Contracted Customer if you and we agree to provide a service to you for a period of time (such as 6, 12 or 24 months) and an early termination charge applies if we stop providing that service during this period because of something you do. For example, if you cancel a service, change service providers, or breach a contract in a way that allows us to terminate service. The termination charge is set out in Part B of this Agreement.

A.5 When is a Contracted Customer not charged an early termination charge?

We will not charge you an early termination charge if:

(a)        we are unable to provide services to you for reasons within our control; and

(b)        you have not breached your agreement with us.

We will also permit you to terminate your contract without paying an early termination charge if:

(a)        we change the terms and conditions (including pricing) for a service in a way that causes detriment (other than a minor or insubstantial detriment) to you – we will give you at least 21 days notice of such a change;

(b)        the change is not excluded (see below for what changes are excluded from this clause);

(c)        you inform us by phone or email within 42 days that, if the change applies to your contract, you wish to cancel your agreement; and

(d)       within 7 days after you inform us under (c) above that you wish to cancel your contract because of a change we do not send you a notice stating that we will not apply the change to your contract.

You agree that the following changes are excluded from this clause:

(a)        where we increase call charges to international destination, international roaming charges, or charges for other international services; or

(b)        We impose or increase a fee for an ancillary service (such as for a payment method) if alternatives are reasonably available to you at no additional or greater fee; or

(c)        we impose a fee or charge because the fee or charge is a tax imposed by law.

A.6 Use of services

These terms apply to services sold for domestic, private or household use. For this reason:

(a)        we do not promise that the services will be suitable for use in a business or commercial environment;

(b)        to the extent permitted by law, we are not liable to you for losses you incur as a result of, or in the course of, your use of the services for business purposes; and

(c)        you are not permitted to re-sell the services.

You must comply with applicable state and federal laws when you purchase our services, including laws relating to censorship, intellectual property rights, criminal acts, on-line content, broadcasting and telecommunications.

A.7      How we communicate

We prefer to communicate with our customers by email or through our web site. Unless you request printed invoices (for which we may charge a fee), we make invoices and other notices available through a password-protected secure account management page on our website at http://www.dodo.com.au. If you provided a contact email address when you apply for service or at a later time, or you purchase a service that includes a primary email address as part of that service, you agree that:

(a)        we may give you notices under this agreement by sending an email to that address;

(b)        it is your responsibility to check your email regularly and make sure that your email facility is capable of receiving emails from us (you may contact Dodocustomer support on 13BIRD (132473) if you are having difficulties with a Dodoemail account); and

(c)        the notice is deemed to have been delivered to you at the time that our email message leaves Dodo's computer system.

A.8 Payment

We typically issue invoices on a monthly basis, except where services are paid more than one month in advance. An invoice may contain the following charges on it:

(a)                a fixed plan fee – this is the fee charged every month;

(b)               a usage fee – this fee is based on your usage of the service, for example the number or type of calls made or the amount of data exchanged between your internet connection and Dodo's server;

(c)                a fee for equipment – this may be a one-off fee for all equipment we have supplied or we may permit you to repay some equipment in installments (an additional fee usually applies in this case)

(d)               a connection or set-up fee – this fee is charged when you first apply for some services and may also apply when you change the details of a service (for example, to move to a different plan);

(e)                a reconnection fee – this may apply if we reconnect a service after suspending or cancelling that service;

(f)                an early termination charge – charged when you stop receiving a service before the end of a contracted period;

(g)               a payment failure fee – charged when a payment (such as a credit card or direct debit transaction) is not processed successfully; and

(h)               a late payment fee – charged when you have not successfully made payment within 14 days after the payment is due;

(i)                 a debt collection fee – charged when we have been unable to recover a payment for at least 28 days and we refer the matter to an external debt collection or legal firm.

A.9 Payment by credit card

We may debit your credit card at the time that we are reasonably able to ascertain the total charges payable and when we have created an invoice that is available to you through the Dodo account management page (for example, for broadband services, this is 3 days before the end of the current Access Period).

If the credit card transaction is declined, we may do one or more of the following:

(a)        impose a fee;

(b)        continue trying to debit your credit card on subsequent days;

(c)        impose restrictions, suspend, disconnect and terminate your service, provided we do this consistently with the ACIF Credit Management Code;

(d)       if a payment is outstanding for more than 14 days, refer the matter to an external debt collection or legal firm, and impose a fee for doing so.

A.10 Credit checks and security bond

You authorise us to conduct credit checks and searches and to use the information obtained as a result of these checks and searches to assess your creditworthiness, so long as in doing so we comply with the Privacy Act.

When conducting a credit check, we may give to a Credit Reporting Agency the following information:

(a)        information reasonably necessary to identify You;

(b)        the fact that You have applied for credit and the amount;

(c)        the fact that We are a current credit provider to You;

(d)       payments which become overdue more than 60 days and for which collection action has commenced;

(e)        advice that payments are no longer overdue;

(f)        a cheque for at least $100 drawn by you that has been dishonoured more than once;

(g)        that in our opinion, you have committed a serious credit infringement (within the meaning of the Privacy Act 1988);

(h)        that the credit provided to You by Us has been paid or otherwise discharged.

For the purpose of performing a credit check, we may give to or seek from any credit provider named in a credit report issued by a Credit Reporting Agency information about your personal identity information and arrangements. This information may include any information about Your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other (Section 18N(1)(b) Privacy Act). You acknowledge that the information may be used for the following purposes:

(a)        to assess an application by you for credit;

(b)        to notify other credit providers of a default by you;

(c)        to exchange information with other credit providers as to the status of this credit where you are in default; and

(d)       to assess Your credit worthiness.

If we consider it relevant to assess your application for credit, you understand and acknowledge that we may:

(a)        obtain a report about your commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of persons;

(b)        obtain from a credit reporting agency a credit report containing personal information about you in relation to commercial credit provided by Us;

(c)        receive from a credit reporting agency a credit report containing personal information about you in relation to collecting overdue payments.

If, having conducted a creditworthiness assessment, we reasonably consider that you may not be able to pay any charges as and when they become due and payable, we may require you to provide a security bond or a pre-payment. If we do require a security bond, we will retain the bond until:

(a)        14 days after you no longer purchase services from us and you have paid all outstanding charges; or

(b)        we re-assess your application and decide that a security bond is no longer necessary.

A.11 Termination

We may terminate the agreement if:

(a)        where there is no Minimum Term, or the Minimum Term has expired, and we give at least 30 days’ notice of termination of the agreement to you and refund any unexpired prepaid credits.

(b)        you breach the Agreement in a material way.

(c)        there is evidence to suggest fraud or other illegal conduct in relation to a service by you or anyone else using it.

(d)       you have died, become bankrupt, insolvent or subject to a similar insolvency event and we reasonably believe we are unlikely to receive or retain payments for charges.

(e)        we are required to do so in order to comply with legislative or regulatory requirements, a warrant or other court order or lawful direction of a competent authority.

(f)        termination is in accordance with the Credit Management Code, for your non-payment of invoices by the due date or any later date we agree;

(g)        you re-sell a Service;

(h)        reasons outside our reasonable control (including loss of wholesale access to the Service) prevent us from providing the services to you; or

(i)         where there is a Minimum Term, we give at least 30 days notice of termination of the agreement to you, we refund any unexpired prepaid credits and we compensate you for any unavoidable connection costs (such as a setup fee) you incurred at the time you connected to Dodo.

A.12 Changes to this document

We may change this document at any time if the change is not detrimental to you by posting a revised version on our website. For all other changes, if you are not a Contracted Customer, we make changes by, at least 3 days before the change comes into effect, putting a notice on our website and also:

(a)        giving you notice of the change, including notice by email or by including it with an invoice; or

(b)        advertising the notice in a daily newspaper circulating in the capital city of your state

If you are a Contracted Customer and we make a change to your contract that is detrimental to you, we will follow the procedures and time periods described in clause A.5.

B.1 Charges that may apply to all services

The following charges may apply for any services covered by this document:

• printed invoices: if you wish to receive paper invoices, and if we offer paper invoices in relation to specific services, a charge of $1.10 per invoice applies;
• payment by direct debit: If we offer the option of payment by direct debit from an Australian bank account for a service, a fee of $1.10 per month will apply
• direct debit declined: If we offer the option of payment by direct debit from an Australian bank account for a service, and a direct debit transaction is not processed successfully (except where caused by our error or the error of our supplier), a charge of $5.50 per declined transaction may apply
• late payment: when you have not successfully made payment within at least 14 days after the payment is due, a charge of $9.50 may apply;
• debt collection: where a payment is overdue by more than 28 days and we refer the debt to our lawyers or to a debt collection agency, a charge of $25.00 may apply.

When we bill

Where we agree to debit your credit card, we do so at the same time as we issue an invoice – this is 3 days before the end of the billing period.

B.2 Charges for fixed line services

Save for the Early Termination Fees and Other Charges, the charges set out below do not apply to Dodo Super Caps, Dodo Super Bundle and Dodo Mega Bundle Home Phone Plans.  Please refer to http://home.dodo.com.au/homephone_overview.asp for details of these plans including pricing details.

These services apply from your fixed line residential phone connection.

CALL RATES – APPLICABLE TO ALL FIXED LINE SERVICES

PLAN SELECTION (choose one)

OR

OR

OR

OR

OR

OR

CONTRACT PERIOD

No minimum term – no commitments, no further discounts. This is not applicable to any reduced line rental or zero line rental plans.

OR

4 month minimum term (except zero line rental and $9.90 line rental plans)

If you commit to a 4 month minimum term on your pre-select or full service plan, you receive:

·         a discount off the monthly fixed charge for some of our standard monthly broadband plans; or

·         our standard monthly dial-up plan at $4.90 instead of $9.90 per month

for as long as you continue fixed line services with Dodo.

OR

Minimum term equivalent to ADSL2+ service (for zero line rental and $9.90 line rental plans)

These plans have a minimum term equivalent to the minimum term of the ADSL2+ you purchased at the same time. These plans must be combined with the matching ADSL2+ plans at all times.

FREE DIAL-UP

If you commit to a 4 month minimum term on a plan that includes a $49.90 cap you receive:

·         a discount off the monthly fixed charge for some of our standard monthly broadband plans; or

·         Free unlimited dial-up

for as long a you continue on that $49.90 cap plan. If, at any time after 4 months, you discontinue the $49.90 cap, but continue your fixed line service, you will receive our standard monthly dial-up plan at $4.90 instead of $9.90 per month.

If you sign up after 8 May 2007, if you sign up to any Dodo Full Service Home Phone Plan, you may receive free unlimited dial-up services for as long as you continue to receive the Dodo Full Service Home Phone. If you ever stop receiving Dodo Full Service Home Phone, you will receive unlimited dial-up for $12.90 per month.

EARLY TERMINATION FEE (IF APPLICABLE)

If you cancel any part of a fixed line service that has a minimum term during the minimum term, you will be charged a $199 early termination fee ($99 if you signed up for the service before 1 February 2007). Please refer to paragraph A.5 in Part A for details of when an early termination fee is payable.

OTHER CHARGES

Charges for additional services

Telephone line connection                                                               $59.00

A working telephone socket exists from a previous connection and a technician is not required to visit your property or premises.

Telephone line connection with a technician visit                           $125.00

A previous telephone service existed at your premises and a technician is required to visit your property / premises to reconnect existing suitable cabling at the distributor and /or the first socket.

New Telephone line connection                                                       $299

New telephone line connection - a telephone service has not previously been connected at your property or premises (although there may have previously been installed cabling to your property or premises and you may be able to hear a dial tone); or

Telephone line connection with a technician visit with cabling work - a previous telephone service existed at your property or premises and one of our technicians is required to visit your property or premises to install and/or work on the cabling up to the first socket in the property or premises.

Additional monthly charges

Calling Number Display                                                                  $6.00

Messagebank                                                                                    $6.00

Multiple Number                                                                              $6.00

Abbreviated dialling                                                                        $3.30

Silent Number                                                                                  $2.93

Other services we provide may also have charges– refer to our website or call on 13BIRD (132473)

B.3 Charges for mobile phone services

These services refer to our post-paid GSM mobile phone service. Our pre-paid mobile phone service is not covered by this document.

PLAN SELECTION FOR CUSTOMERS SIGNING ON OR AFTER 8 MAY 2007

Committing to a minimum term:

CALL RATES – APPLICABLE TO ALL MOBILE SERVICES

* You may also finance the purchase of a mobile handset on this plan. If you choose to do so, the minimum term of the contract is 24 months.

International rates and rates for other services vary. International rates are not included in the credit you are given. Refer to our website at http://www.dodo.com.au/

OLDER PLANS – FOR CUSTOMERS WHO SIGNED UP BEFORE 8 MAY 2007

OR

CALL RATES – APPLICABLE TO ALL MOBILE SERVICES FOR CUSTOMERS WHO SIGNED UP BEFORE 8 MAY 2007

* You may also finance the purchase of a mobile handset on this plan. If you choose to do so, the minimum term of the contract is 24 months.

Bonus calls:    On the $0 monthly and $9.90 plans only, for every paid minute in voice calls, you will not be charged for one minute of voice calls in the following month.

Bonus SMS:   On the $0 monthly and $9.90 monthly plans only, for every call you make in one month, you will not be charged for one SMS in the following month.

International rates and rates for other service vary. Refer to our website at http://www.dodo.com.au/

EARLY TERMINATION FEE (IF APPLICABLE)

If you cancel a mobile service that has a minimum term during the minimum term, you will be charged an early termination fee equal to:

·         the monthly fixed charge for each month remaining in your term (or $400, whichever is less),

plus:

·         all remaining repayments on any handset.

Please refer to paragraph A.5 in Part A for details of when an early termination fee is payable.

If you are entitled to terminate your contract and we do not impose an early termination fee, you must still repay to us all remaining repayments on any handset.

B.4 Charges for internet services

CHARGES THAT APPLY TO ALL INTERNET SERVICES

Excess data:

For plans where an excess data charge applies, data is charged at 18c per megabyte, up to the maximum monthly charge applicable to that plan.

Email protection:

Virus email protection:            $1.90 per mailbox per month

Spam protection:                     $1.90 per mailbox per month

Virus and spam protection:     $2.50 per mailbox per month

How are data and speed measured?

We use metric definitions throughout this document.

We calculate a Megabyte (MB) as 1,000,000 bytes (a byte is a unit of information containing 8 binary digits).

We calculate a Gigabyte (GB) as 1,000 Megabytes.

Speed is measured in Kbps (Kilo bits per second): 1Kbps means 1,000 bits per second. Where a speed is expressed, this is the theoretical maximum speed, and lower speeds may occur in practice.

CHARGES FOR DIAL-UP SERVICES

Dial-up services

The following charges apply if there are no bundled home phone products.

*The Monthly $12.90 is only available to new dial-up customers. If the new dial-up customer purchases Home Phone Full Service before or at the same time as the dial-up plan, the charge is reduced to $NIL for as long as they remain an active Home Phone Full Service customer.

Where there is no minimum contract term, charges paid in advance are not refunded if you choose to cancel a service part way through a period. If there is a minimum contract term, the early termination fee is $99.

Dial-up services (home phone bundle) – for all customers signing up before 8 May 2007

The following charges apply if you purchase Home Phone services with a 4 month minimum contract, and then for as long as you continue to purchase  Home Phone services:

Where there is no minimum contract term, charges paid in advance are not refunded if you choose to cancel a service part way through a period. If there is a minimum contract term, the early termination fee is $199 ($99 if you signed up for the service before 1 February 2007).

Dial-up services (with $49.90 home phone bundle)

The following charges apply if you purchase Home Phone services including a $49.90 cap with a 4 month minimum contract, and then for as long as you continue to purchase the $49.90 cap:

CHARGES FOR BROADBAND SERVICES

The charges set out below do not apply to Dodo Super Fast ADSL2, Dodo High Speed ADSL2, Dodo Fast ADSL, Super Fast ADSL and Dodo Extreme Plans. Please refer to http://www.dodo.com.au/broadband_overview.asp for details of these plans including pricing details.

ADSL Services and ADSL 2+

Set-up fee for ADSL Services (not applicable to ADSL 2+)

The set-up fee does not apply if you are a "Rapid Transfer" customer – this means that you have an existing active ADSL connection on your line with a provider who participates in the Rapid Transfer (also known as "rapid churn") program, and you maintain that connection until your Dodo broadband connection is provisioned.

If you are not a Rapid Transfer customer, the set-up fee depends on the minimum term selected:

For a 36 month minimum term:

$NIL If you select any plan except the 256/64 with a data allowance of  50 MB peak / 100 MB off-peak.

$49.00 If you select the 256/64 plan with a data allowance of  50 MB peak / 100 MB off-peak.

For a 24 month minimum term:

$69.00 if you select a plan that has a data allowance of 50 MB peak / 100 MB off-peak.

$29.00 for all other plans

For a 6 month minimum term:

$149.00 if you select a plan that has a data allowance of 500 MB peak / 1,000 MB off-peak or less

$99.00 for all other plans

Set-up fee for ADSL2+ Services

The set-up fee depends on the minimum term selected:

For a 36 month minimum term:

$NIL for all plans.

For a 24 month minimum term:

$69.00 if you select a plan that has a data  allowance of 50 MB peak / 100 MB off-peak.

$29.00 for all other plans with a 24 month minimum term

For a 12 month minimum term:

$149.00 if you select a plan that has a data allowance of 1,000 MB peak / 2,000 MB off-peak or less.

$99.00 for all other plans

Early termination fee

If you cancel a broadband service that has a minimum term during the minimum term, you will be charged an early termination fee equal to:

·         $400; or

·         the monthly fixed charge for each month remaining in your term

whichever fee is lower.

Please refer to paragraph A.5 in Part A for details of when an early termination fee applies.

You must select one of the following minimum terms for these services:

ADSL:                        6, 24 or 36 months

ADSL2+:        12, 24 or 36 months.

Charges for ADSL Services (not applicable to ADSL 2+)

To receive ADSL services from us, you must commit to a minimum term of 6, 24 or 36 months.

If you purchase Home Phone services with a 4 month minimum contract (except for reduced line rental and zero line rental Home Phone plans), the fixed charge is reduced for as long as you continue to purchase  Home Phone services. The charges for ADSL services are:

Note: ADSL services are not available in all areas.

Charges for ADSL2+ Services

If you purchase Home Phone services with a 4 month minimum contract (except for reduced line rental and zero line rental Home Phone plans), the fixed charge is reduced for as long as you continue to purchase  Home Phone services. The charges for ADSL2+ services are:

Note: ADSL2+ services are not available in all areas.

About the data allowance and the maximum monthly charge

The data allowance is calculated by adding together your uploaded and downloaded data in megabytes, for peak and off-peak times in your location.

Off-peak times:          between 1 am and 9 am

Peak times:                 all other times

If you exceed your off-peak allowance only, we may reduce both your upload and download speed to 64 kbps.

If you exceed your peak allowance, we will charge you $0.18 for each MB downloaded or uploaded during peak hours in excess of the allowance. When your charges reach the monthly maximum for that plan, we may reduce both your upload and download speed to 64 kbps for the remainder of that month of service.

Reducing upload speed

If, in any month:

·         you upload more than 15,000 MB of data in that month; and

·         you have uploaded more data than you have downloaded for that month

we may reduce your upload speed to 64 kbps for the remainder of that month of service.

Changing plans

If you wish to reduce the speed or data allowance of your ADSL or ADSL2+ service, we may permit such a change but we will charge a service downgrade fee of $119 for Contracted Customers or $60 (for all other customers). We do not charge a fee if you wish to change to a plan with an increased monthly charge.

If you wish to move from an ADSL to ADSL2+ service, you must pay the applicable set-up fee and commit to the applicable minimum term. However, if you are successfully provisioned on ADSL2+, we will waive any early termination charge on your existing ADSL service.

Theoretical and actual speed

The speed shown is the theoretical maximum download and upload speed available from the service you are buying. The actual speed you experience depends on a number of factors, including:

• your equipment;
• the quality and location of your line, including how far your connection is from the local telephone exchange;
• the applications you are using;
• the capacity and speed of our systems, the systems of our suppliers, and the Internet generally.

For these reasons, you should not expect your actual speed to be at or near the theoretical maximum.

C.1 What fixed line services are offered?

When you purchase fixed line services from us, you have the option of purchasing:

(a)        our Full Service product: we provide a standard telephone service and all calls from that service (including long distance calls and calls to mobiles) unless you use an over-ride code before dialling a number.

(b)        our Preselect product, which includes long distance calls, calls to mobile numbers and international calls – this means that your provider of your standard telephone service does not change

C.2 What is a standard telephone service?

A standard telephone service includes a telephone number, a telephone directory listing, and making and receiving local and long distance calls

C.3 Who can sign up to fixed line services

Only an occupier of premises, or their authorised representative, may sign up to a standard telephone service. We may require evidence, such as a rental agreement, contract of sale, or similar document, to confirm that you have the right to arrange for the connection of a fixed line service.

C.4 What features are available with a standard telephone service?

There are a number of enhanced call handling and other features available. More information on such features may be available from our website, or from that of our supplier, www.telstra.com.au.

C.5 Premium services

Premium services are content voice and data services made available through third party providers.  Because of the potential credit risk associated with such services, we reserve the right to bar access to premium services by default. If you wish to gain access, you need to contact our call centre on 13BIRD (132473). If we agree to unbar such services, there may be a delay of up to 7 days until access to the services is made available.

C.6 Interim charges

We reserve the right to debit $100 to your credit card if the balance owing since your last invoice exceeds $100. Wherever possible, we try to inform you by SMS or email of the interim charge. If an interim charge credit card transaction is declined, we have the same rights as we  do when an invoice is not paid in accordance with this agreement, including the right to block or suspend access to services.

If we choose to permit you to pay by direct debit, we will not debit interim payments, but we may restrict access to services if your usage charges exceed $200. In those circumstances, you may make a once-off direct debit or credit card payment to reduce your balance to below $200. We will remove the restrictions once the direct debit transaction is approved, which may take up to 3 business days.

C.7 Responsibility for charges

You are financially responsible for telephone charges relating to your telephone service even if you did not personally place the calls made.

C.8 Telstra standard form of agreement

To the extent that the Telstra standard form of agreement refers to services and features available in connection with a standard telephone service, those parts of the Telstra standard form of agreement as are not inconsistent with any other part of this document are incorporated in this document.

C.9 About pre-selection and over-ride

If you are a Full Service customer within a Minimum Term, you must not preselect to a different provider of long-distance services (including international calls and calls to mobiles). If you do preselect a different provider, then we may, at our option:

(a)        treat your pre-selection as a termination of our agreement, in which case the applicable cancellation charges apply; or

(b)        reverse the pre-selection of a third party provider and continue providing Full Service telecommunications Services to you; or

(c)        continue providing local call services only, in accordance with our standard rates and conditions.

If you wish to use a third party provider of long distance services on a case by case basis, you may do so by using that provider's over-ride code.

D.1 Mobile services we offer

We will provide you with GSM digital mobile telecommunication services and associated services  on the terms set out in this Agreement. The services are provided over the network of our supplier and using your mobile handset.

D.2 SIMCards

We will provide you with a SIMcard so that you can access the services. SIMCards remain our property. You agree to the following conditions in relation to any SIMCard we provide to you:

(a)        We may specify certain procedures for activation of your SIMcard to protect against unauthorised use of a SIMcard;

(b)        You must take all reasonable care to keep the SIMcard safe and in good condition

(c)        You must immediately return the SIMcard to us on demand or if we suspend or terminate the Services in accordance with this Agreement;

(d)       If you fail to return the SIMcard to us within 30 days of our demand, you must pay our standard SIMcard replacement fee.

(e)        You must notify us immediately if any SIMcard is lost, stolen or destroyed (whether installed or not).

(f)        You will be liable for all charges in relation to any SIMcard supplied to you which has been lost or stolen until we have been notified of the loss or theft.

D.3 Use of SIMCard outside Australia

You must obtain our express authorisation (which may be conditional on lodgement of a security deposit) to use the SIMcard in countries other than Australia ("Roam"). If you are authorised to Roam, you will be charged a roaming fee for incoming calls at a rate set by the operator in that country and a forwarding charge for all incoming calls forwarded to the overseas carrier.

D.4 Mobile number portability

You are normally able to retain your existing mobile number when you change providers. If you provide us with a porting authority, you agree that:

(a)        porting may be unsuccessful if you fail to provide full and accurate details, or if you cancel with a previous supplier before the port cutover date;

(b)        if another supplier raises a proper charge with us relating to a service it provided to you before your number was ported to us, we will advise you accordingly and you must pay the other supplier that amount. If you dispute the amount claimed, you must notify us in writing. You may also be liable to pay to us or your previous Supplier charges relating to disputes or investigations by either of us arising out of transfer of the Services from another supplier to us;

(c)        We will not accept any liability for any amounts owing by you to another supplier for services which the other supplier provided to you prior to the commencement of Services.;

(d)       by porting your mobile number to Dodo, the mobile service and/or any related services associated with that mobile number may or may not be disconnected from your current mobile service provider, and may result in finalisation of the account for that service.

If you port away from Dodo during any Minimum Term, you will become liable for early termination  charges..

D.5 Equipment we provide

(a)        You can buy a mobile phone and associated equipment from us (Equipment) by paying in one payment at the time of purchase, or in monthly installments if we agree. Title to the Equipment does not pass to you until we have received full payment. Risk in the Equipment passes to you on receipt of the Equipment.

(b)        If you buy the Equipment on monthly installments:

1.         you must pay the first instalment at the time you make your first payment for the Services;

2.         you must pay all remaining installment each month thereafter;

3          f you decide to cancel your account with us, you must immediately pay us the aggregate of the amounts remaining unpaid of any upfront or monthly installment price of the Equipment from the date it was bought.

(c)        except as provided in this agreement and to the extent permitted by law, the manufacturer's warranty that comes with the Equipment we supply you is the only warranty that applies to it, and all other terms, conditions, warranties and representations are excluded. We don't promise that the Equipment you select will suit your needs.

D.7 Interim charges

We reserve the right to debit $50 to your credit card if the balance owing since your last invoice exceeds $50. Wherever possible, we try to inform you by SMS or email of the interim charge. If an interim charge credit card transaction is declined, we have the same rights as we  do when an invoice is not paid in accordance with this agreement, including the right to block or suspend access to services.

D.8 Unreasonable Use – applies to customers signing up on or after 8 May 2007

We make mobile services available to you for your personal or business use. We reserve the right to terminate your service if you do any of the following without our prior written permission:

(a)        make or receive calls or send or receive content using the mobile service other than for your own personal or business use;

(b)        wholesale any service (including transit, refile or aggregate domestic or international traffic);

(c)        use the service (including any SIM card) in connection with a device that switches or reroutes calls to or from our network or the network of any supplier;

(d)       We also consider your use of the service or a value added service feature to be unreasonable if you set up switch devices which overcome the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network.

E.1 Provision of services

We will provide a dial-up service to you from the date that you order an Internet service. If you order a broadband service, we will provide that service once it is provisioned.

E.2 Your obligations in using the Service

(a)        You must comply with all reasonable directions by us regarding the access and use of the Service.

(b)        You warrant that in accessing and using the Service you will only use software that you are legally entitled to use.

(c)        You acknowledge that we do not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service and we will not be held responsible in any way for any content or information accessed via the Service (except where we actually provide such content or information).

(d)       We disclaim all or any liability for any material on the Internet that you may find offensive, upsetting, defamatory or personally offensive.

(e)        You must not access, nor permit any other party to access, the Service for any purpose or activity of an illegal or fraudulent nature.

(f)        You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Service that would infringe the intellectual property right of any person.

(g)        You are responsible for preparing and maintaining sufficient back-up files and data storage capacity for all your data including electronic messages.

(h)        We have no responsibility to provide training in the use of the service pursuant to this agreement.

E.3 Acceptable Use Policy

You must comply with the Dodo Australia Acceptable Use Policy.

E.4 Broadband

If you are receiving a broadband service, you agree and acknowledge as follows:

(a)        The Service can only be provided to you if the cable that runs between your premises and the nearest exchange is owned by Telstra. This means that you must purchase a standard telephone service from Telstra or a reseller of Telstra (including Dodo) in order to receive the Service;

(b)        If you do not currently purchase your standard phone service from Telstra or a Telstra reseller, then Dodo Australia is unable to provide the Service to you at this time.

(c)        If, after you start receiving the Service, your standard phone service becomes disconnected, you move premises, you change the name on your phone account, or you transfer your phone services to someone other than Telstra or a Telstra reseller, this may mean that you will be unable to receive the Service. We are not obliged to refund any of the fees you have paid in these circumstances and we may treat this as a termination of the service.

(d)       If you move premises, this will be treated by us as a disconnection. You may then apply for a new connection at your new premises.

(e)        Some services offered by your telecommunications service provider or another person may not be compatible with the Service. This includes, for example, Telstra’s “Easycall Multiple Number” and “Faxstream Duet” services.

(f)        The installation of the service on your Phone Connection may interfere with other services you receive, such as back-to-base security monitoring services. It may be necessary to install additional equipment, such as a central line splitters, filters and network termination devices, to ensure that these services continue to operate when an ADSL service has been installed.

(g)        You must inform any provider of monitoring services that installation of the ADSL service may cause temporary interruption of monitoring services and that installation of additional equipment may be required.

E.5 IP Addresses

Any IP Address allotted to you by Dodo Australia, whether as a static address or dynamically allocated:

(a)        remains the sole property of Dodo Australia;

(b)        may be changed or revoked by Dodo Australia at its discretion at any time; and

(c)        is not transferable.

E.6 Email Filtering

(a)        Introduction

Dodo provides an additional email filtering service to Dodo subscribers. The charges for this service are as notified by Dodo to its subscribers from time to time using the Dodo website. The charges are payable at the same time as your monthly Dodo Internet invoice.

(b)       About email filtering generally

1.      Email filtering involves using automated processes to attempt to identify undesirable email and divert this email ("quarantine") so that it does not arrive in a user's email inbox.

2.      At Dodo, we keep a filtered item for at least 7 days, after which time the item may be deleted. It is your responsibility to check quarantined items regularly to make sure that any items you want to keep are not deleted. Any quarantined items stored by Dodo may still count towards any size limit or quota imposed on your email service.

3.      Email filtering involves software making a decision about whether or not an item of email is undesirable. Because this decision is made automatically by software and is not reviewed by Dodo, email filtering will from time to time result in:

(a)  undesirable content being permitted; and

(b)  content that is not undesirable being quarantined.

4.      The filtering services offered by Dodo apply to incoming emails only. There are many other ways that undesirable content could you reach your computer, including through web browsing, chat, instant messenger applications, Internet denial of service attacks, physical access to your computer and sharing of disks or other media. Dodo recommends that you take reasonable precautions to protect your computer and data, including:

(a)        operating a firewall to filter Internet traffic;

(b)        running and regularly updating anti-virus, anti-spam and anti-spyware software; and

(c)        taking sensible precautions with passwords, credit card numbers, and physical access to your hardware..

(c)        About anti-virus filtering

1.      Anti-virus filtering scans incoming emails for computer code that could be harmful to your computer or to other users (including viruses, Trojans and worms) and diverts such emails to a quarantine folder stored by Dodo.

2.      Although Dodo will take reasonable steps to regularly update the anti-virus software used, Dodo cannot promise that the anti-virus filtering tool will quarantine all harmful content.

3.      You should still take precautions with the content of emails you receive, including the following:

·         running security software; and

·         not opening attachments from sources unless certain of the identity and reliability of the sender..

(d)       About anti-spam filtering

1.      Anti-spam filtering scans incoming emails for messages that may be unsolicited advertising, based on the content of the message (including any information included in the email header).

2.      Depending on how the anti-spam filtering is configured, the number of emails that are identified as spam can be reduced or increased (with a corresponding change in the number of emails incorrectly identified as spam).

3.      Although Dodo will take reasonable steps to regularly update the anti-spam software used, Dodo cannot promise that the anti-spam filtering tool will quarantine all unwanted emails, or that emails that are not spam will never be quarantined.

4.      You should still take precautions to reduce the amount of spam you receive, including the following:

• avoid publishing your email address on newsgroups or websites;
• avoid responding to unsolicited emails.

(e)        Liability

1.      To the extent permitted by law, you hereby indemnify Dodo against any losses, costs or expenses (including legal costs) resulting from:

• a claim that an email which contains undesirable content has not been quarantined;
• a claim that an email which does not contain undesirable content has been quarantined; or
• your failure to comply with any recommendations or obligations set out in this part E.6.

2.      You acknowledge that the email filtering services provided by Dodo are not intended for, and are not capable of, filtering out all undesirable content.

E.7 Speed Accelerator

(a)        Introduction

Dodo provides an additional speed accelerator service to some Dodo subscribers. The charges for this service are as notified by Dodo to its subscribers from time to time using the Dodo website. The charges are payable at the same time as your monthly Dodo Internet invoice. Using Dodo Speed Accelerator will not change any excess data transfer charges – your data usage will still be metered on the uncompressed content.

(b)       About Speed Accelerator generally

1.      Speed Accelerator involves using specific software on Dodo's server and on your home computer. The software on Dodo's server compresses certain information as you browse the internet and download emails. The compression means that the information can be transferred to your computer faster where the software installed on your computer uncompresses the information and makes it available for viewing.

2.      The compression process may affect the image quality of images you view as you browse the Internet. Depending on how you configure the Speed Accelerator software, a better quality image is usually downloaded a short time later.

(c)        Is all Internet content accelerated?

No. The software works with web browsing and emails. The actual speed increase, if any, will change depending on the type of content that is being accessed.