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)

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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