AVAILABLE TO AUSTRALIAN RESIDENTS ONLY

SUMMARY OF STANDARD AGREEMENT FOR engin PHONE SERVICES BY MIBROADBAND PTY LTD (ABN 70 080 250 371)

IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS

1. Under the Telecommunications Act 1997 MIBROADBAND PTY LTD, subject to Credit Approval, has elected to supply you with a Standard Form of Agreement of the terms and conditions for your voice and data telecommunications service. This is a summary of the terms and conditions of the Standard Form of Agreement (SFOA), to obtain a complete copy of the SFOA please contact MIBROADBAND PTY LTD on 1300 305 000 or visit www.engin.com.au. The standard agreement is binding on you. For Non-English Speaking, Vision, Deaf, Hearing and Speech impaired persons requiring assistance with this summary please contact engin on 1300 305 000 or refer to page 2 of the full version SFOA available at www.engin.com.au

2. You acknowledge that although we will take all reasonable steps to make sure you receive the voice and data service within the local calling areas, the voice and data service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice and data service at certain times.

3. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement.

4. We may ask you pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date for the services we provided.

5. Fees and charges applicable to your service will commence from the date of connection to engin. You must pay hardware and services charges (and taxes) as set out in the engin Plan schedule of the SFOA, together with any additional charges applicable to your service. For further details and a full list of charges for using the Service refer to Section 1, 2 and 4 of the SFOA.

6. We will email an invoice to you no less frequently than monthly, and you must pay these fees and charges by the invoice due date, or next business day. All fees and charges will be billed to your nominated credit/charge card. If you cancel your credit/charge card authority, or if you do not pay your invoice by the invoice due date we may terminate this agreement and you must pay us extra charges. Charges for archive or hardcopy invoices may apply. We can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges. For further information relating to special offers/promotions and your “Payment Obligations” refer to clause 5.2 of the SFOA.

7. Your term begins when you are first connected to engin and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, verbal notice is required. The Service will be disconnected on receipt of your notification. engin may suspend, restrict or disconnect the service under varying circumstances, as outlined in the SFOA. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.

8. We may vary the terms of the Standard Agreement from time to time. engin will supply a notice of varying terms no less than 21 (twenty one) days prior to the change taking place. If the variation is detrimental we will publish the terms of the variation in a newspaper circulating in the capital city of your resident State and put a notice in your bill, which complies with the Telecommunications Act. An updated version is available by contacting engin or visiting www.engin.com.au.

9. If the goods and services provided to you are of a kind ordinarily acquired for domestic, personal or household use, you have certain rights under the Trade Practices Act which we cannot limit. Where we are unable by that Act to exclude our liability, but we are permitted to limit that liability, our liability for such breaches is limited, at our choice to:

i) if the breach relates to goods, the replacement or repair of the goods;

ii) if the breach relates to services, the resupply of those services, or paying for the cost of having those services resupplied.

If you have a complaint please contact our Customer Service team on 1300 305 000. Your complaint will be dealt with using our internal complaints handling process. Available upon request by phoning 1300 305 000 or visiting www.engin.com.au. The TIO (Telecommunications Industry Ombudsman) offers a free dispute resolution service for customers of telecommunications companies. Alternatively the Department of Fair Trading (or similar) in your state or territory may also investigate customer complaints.

Privacy
10. Privacy Act 1998 (Cth) From time to time MIBROADBAND PTY LTD and/or their agents may collect personal information about you. Telecommunications and privacy legislation impose strict obligations on MIBROADBAND PTY LTD to protect the confidentiality of your personal information and to respect your privacy. You are able to gain access to your personal information that we hold by calling 1300 305 000. Your personal information is collected in order to provide you with a telecommunications service. MIBROADBAND PTY LTD may also use your information for purposes that are related to providing you with a telecommunications service, which would be reasonably expected (such as keeping you informed about features of our telecommunications services or conducting analysis in order to provide better service to you). MIBROADBAND PTY LTD may disclose or receive personal information or documents about you to/from:

i) credit providers or credit reporting agencies for the purposes permitted under the Privacy Act;

ii) law enforcement agencies to assist in the prevention of criminal activities;

iii) our service and content providers, dealers and agents, for purposes that are related to providing you with a telecommunications service, which would be reasonably expected. Unless you consent, we will not disclose your personal information to third parties, other than those who have contracted with MIBROADBAND PTY LTD to keep the information confidential, or who are subject to obligations to protect your personal information.

11. With your express or inferred consent we may now and again send you commercial electronic messages. The Spam Act 2003 prohibits unsolicited commercial electronic messaging, which covers emails, instant messaging, SMS and other mobile phone messaging. The message must be commercial in nature. Commercial electronic messages must accurately identify their sender, and include a way for the recipient to unsubscribe from future such messages. The Australian Communications and Media Authority is responsible for enforcing the provisions of the Spam Act 2003.

For more information please see our Plans conditions page here

MIB v4-10/05

Documents

• Full version SFOA
• Fair Use Policy