These are the terms upon which we supply our monthly and fixed term data services and the home gateway, USB modem, ViViFi® Wi-Fihotspot and any other devices and equipment that you buy from us.

In these terms 'you' and 'your' mean the customer (that’s you). ‘We’, ‘our’ and ‘us’ means vividwireless Pty Limited.

‘Our services’ means the wireless broadband Internet access service specified in the plan that you have chosen.By buying or receiving the home gateway, USB modem, ViViFi® or other device or equipment from us or using our services you accept these terms just the same as if you had signed a piece of paper.

You must be at least 18 years of age to open an account for our services.

We may monitor your account to check that you are complying with these terms. If we do we will comply with our Privacy Policy. We may also investigate any alleged misuse of the service. We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies tomonitor and intercept communications using our services under certain circumstances.

If you breach these terms in a serious way, we may terminate youraccount.  Our Acceptable Use Policy (AUP) also applies to your use of the Services. We may suspend or terminate your service if you breach the AUP.

If you buy anything from us online you will also be bound by the terms and conditions governing our online shop

If you purchase from us through one of our promotional or specialoffers, you will also be bound by any additional terms and conditions that apply to those offers. You should read the additional terms and refer to our FAQ’s for more information.

nature of our devices

The home gateway is a wireless all-in-one broadband access devicewith three core features:

Ethernet (fixed) connectivity to your computer. Connect yourcomputer to the device with an Ethernet cable for Internet access.

Wi-Fi (wireless) connectivity. Wi-Fi enabled devices in its range (up to 30 metres indoors) can connect to the Internet.

Voice capability and a telephone connection enabling the device to be used to make telephone calls over the Internet.You can use this service to avoid fixed line phone rental charges and to generally reduce your telephone bill.

The USB modem is a pocket-sized modem key. Plug it into the USB port on your laptop or PC and connect to the Internet.

The ViViFi® Wi-Fi hotspot is a personal hotspot that allows you to connect to seriously fast wireless broadband within our coverage area. You may connect up to five personal Wi-Fi devices simultaneously for optimum performance.

The ViViFi® spare Wi-Fi hotspot battery is a great idea if you travel for work, or spend a lot of time out and about without access to a power supply. Having an extra battery on hand can help maximise the life of your ViViFi®.

The USB modem booster is a high gain external antenna that is specifically designed to house the USB modem, boosting its signal. Customers whose signal is affected by environmental factors or are some distance from a base station, could benefit from the USB modem booster – it just sits on your desk or table right next to your computer, ideally near a window.

Our services provide wireless broadband access up to the usage allowance specified in the plan that you have chosen. You can check your usage in the 'My Account' section of the website.

Details of each data plan and bundle (including promotional) we

offer are available on the plans and prices page of our website. Those details form part of these terms. If you buy additional features from us that complement the services, they will be subject to the terms and conditions detailed on our website.

We will provide our services to you in accordance with these terms, using reasonable skill and care.

We will make sure that the services do everything that we say they will do as far as it is reasonably within our control to do so.

using our network

You should be able to use our services indoors or outside within our network coverage area. Our coverage maps are regularly updated.

We use the residential address information that you provide when you buy from us online or over the phone to check whether you fall within our network coverage area, and whether we can provideour services to you. You should always do this in store or on line before you buy our products from a retailer.

Unfortunately, like all wireless service providers, we cannot guarantee the availability of our services in advance, as there may be places within our network coverage area where you can’t receive the services because of unusual terrain or other environmental or structural circumstances. If this happens to you, we offer a 14 day money back guarantee. See below for more detail on how it works.

availability of our services

We try our best to ensure that our services are available to you within our network coverage area at all times. However sometimes availability is affected by factors outside our control, such as prolonged interruptions to power supplies.

Speed may be affected by environmental factors or by the volume

of traffic that the base station you are connected to is experiencing. For this reason we cannot guarantee that our services will be available to you all the time, or that speeds won't vary from time to time.  The speed that you receive may also be slightly slower with our USB modem or ViViFi® Wi-Fi hotspot than with our home gateway or from the USB modem using the modem booster. This is because the antenna in the USB modem and ViViFi® Wi-Fi hotspot is smaller and less powerful. Click here to view our Speed FAQs.

Your home gateway is also a Wi-Fi device.  Where you locate it inside your house can affect its range and the speed of the wireless connection between it and your computer. This is different from the speed of the connection between your home gateway and the Internet over our network.

The home gateway’s Wi-Fi performance can be affected by the number and type of walls between the home gateway and your computer, and whether other electrical devices like cordless phones, TVs and radios are nearby. The number of computers that you connect via Wi-Fi will also affect the speed of the Wi-Fi connection.

Occasionally we may also need to interrupt our services in order to upgrade or maintain them. If we need to interrupt our serviceswe will:

Whenever possible conduct maintenance or upgrades between 1.00 am and 5.00 am Western Standard Time  and 1.00 am and 5.00 am Eastern Standard Time;

If possible, tell you in advance (on our website), if our services will be unavailable due to maintenance or another foreseeable reason; and

Restore disrupted services as soon as possible.

login details

We will provide you with unique login details to access your account. The IP (Internet Protocol) address allocated to you may be different each time that you log in. It is not possible to

retain your login (username) for later use if our service is cancelled.

changing your plan

We want you to enjoy as much flexibility as possible.

You can change your plan to an upgraded plan at any time. Howeveryou cannot downgrade your plan within the first month. Apart fromthat and subject to paying any applicable early termination fee for fixed term contracts, you can change your plan at any time you like, but only once during a billing month.

When you change your plan, we will make adjustments to your bill. We will give you a credit adjustment for charges already paid for the month under your previous plan, and we will apply a charge to adjust for your new plan for the rest of the month (unless you change to a pre-paid plan). See the Terms and Conditions for pre-paid plans if you wish to change to pre-paid.

Within a billing month you cannot move to a plan with a usage allowance below what you have already used in that month. In other words, you have to pay for what you have used. Also, some of our fixed term, broadband & phone bundle or promotional plans restrict your ability to change/move within plans. You should refer to the special additional terms that apply to those offers or refer to our FAQs for more information. Additionally, you can go to My Account for further details on permitted plan changes.

If you sign up on a plan with a fixed term contract and you wish to change to a monthly plan, you will need to pay the applicable early termination fees of the fixed term contract before signing up to an alternate monthly or pre-paid plan.

If you buy additional features through our website, and then decide that you don't want them, you will have to pay for them for at least one month - unfortunately we cannot refund the charges for additional features deactivated during a billing period.

adding another device to your plan

If for example you have a home gateway at home and want a USB modem for your laptop as well, you can attach the second device to your existing plan. Just go to My Account and buy the new device there and attach it to your existing plan. You can do thiswith any of our devices, and you can attach up to 5 devices to one plan.

The following device limitations apply:

1.   Any data plan (excluding Unlimited data): With the exceptionof Unlimited plans, data plan customers are permitted up to four additional devices per account. Customers may choose any device combination (comprising of one or more of the ViViFi, USB modem and/or home gateway).

2.   Unlimited broadband plan: One device is permitted per Unlimited broadband account. Customers cannot connect additional devices to this account.

An additional device cost may apply to attach additional devices to your account. You can view the full additional device chargingTerms & Conditions here.

The monthly usage of each of the devices attached to one account will count toward the monthly usage allowance for that account. Of course, you can open new accounts when you buy new devices if you want them to operate on separate accounts.

devices

To access our services you will need our home gateway, USB modem or ViViFi® Wi-Fi hotspot (or another of our devices available from time to time), which you can buy either directly from us or from one of our participating retail partners. If you buy a device from another supplier not associated with us, it remains your responsibility to ensure that it is able to be used to access our services.

Services will only be available once you select a vividwireless

data plan.

When you buy a home gateway, USB modem, USB modem booster, ViViFi® Wi-Fi hotspot or any other device or equipment from us:

Responsibility for the device passes to you as soon as you receive it, and full ownership passes when you have paid in full;

The devices and any associated equipment(cords, plugs etc)  are covered by a repair and replacement warranty against allmanufacturing faults for 12 months from the date of purchase(unless they are refurbished* items, in which case the warranty period is 6 months);

Your warranty rights:

Are in addition to any non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws, including those under the Competition and Consumer Act2010 (Cth); and

Will no longer apply if your contract with us is terminated for any reason;

We reserve the right to update software in your device to offer additional features and functions or to improve the performance of the device to best match the performance of the vividwireless network. Under most circumstances upgradeswill be completed over the air, and you won't have to do anything but leave your device switched on. We will give advance notice of upgrades. You won't have to pay for them;

In the unlikely event that your device needs servicing outside the warranty period, we can arrange that for you at your cost.

* devices presented for repair may be replaced by refurbished devices of the same type rather than being repaired. Refurbished parts may be used to repair the devices. Refurbished devices are "as new" and may have been used for testing or demonstration purposes or returned by customers who were outside our network area. They have been checked, tested and re-packaged.

replacing faulty devices and equipment

If it becomes necessary to replace your device or any other equipment that you bought or received from us during your 12 month warranty period (or 6 months for refurbished devices), callour Sales and Service Centre to receive instructions for its return.

The faulty equipment replacement process works in two steps.

First, a return satchel, pre-addressed to vividwireless Returns, will be mailed to you with a letter explaining how to return yourfaulty device or equipment. You will need to follow these instructions and organise a pickup of your faulty device or equipment. Secondly, a courier will be dispatched to any reasonable location nominated by you. The courier will deliver a satchel containing the replacement device or equipment.

Only the returned, faulty device or equipment will be replaced. For example, when a home gateway is replaced no new cables or quick start guide will be provided. As devices or equipment is superseded by new versions or models, replacement under warranty will be like for like - you will not receive a new version or model unless none of the returned model remain in stock, new or refurbished.

A warranty of thirty days or the balance of the warranty period on your original equipment, whichever is the longer, will apply to the replacement device or equipment.

We will check the faulty device or equipment and if we determine that the equipment fault is not covered by the vividwireless warranty (for example it's full of water), an equipment replacement fee will be charged to your account. We will tell youabout any fee before applying it to your account.

Similarly, if you fail to return your faulty device or equipment within 10 days of receiving the replacement, we will issue an invoice for the cost of the replacement and a charge will then be

applied to the account that you pay us from.

We reserve the right to repair faulty devices or equipment, or provide refurbished equipment when replacing equipment under warranty.

We reserve the right to limit the number of times that we will accept warranty returns from you. If we think that our products or services just won’t suit you, we will complete your latest return, refund you according to these terms and advise you that you should seek an alternate Internet service.

money back guarantee

We offer a 14 day money back guarantee (MBG) if you cannot use our service due to poor coverage and/or signal strength.

If, within 14 days of purchase, you plug in your home gateway, USB modem or ViViFi® Wi-Fi hotspot device, sign up to a plan and believe that you cannot receive our service due to poor coverage and/or signal strength  please ring our Sales and Service Centre on 1300 32 78 37. We will conduct tests while you are on the phone to determine whether you are able to receive satisfactory coverage and /or signal.

You will only be eligible to receive this MBG if you have made a reasonable attempt to establish a connection and our tests show that you cannot receive satisfactory coverage and/or signal.

If you purchased your product online or through our Sales and Service Centre, we will give you a full refund of the purchase price (excluding the delivery fee), any plan charges that you have paid and any additional monthly service charges that you have paid for in advance.

You must return the device or equipment in its original undamagedcondition together with accessories, CDs, cables, anything else included, and ideally the original packaging to prevent any transit damage. We will pay the return costs, but we will not refund your original delivery fee or one-off purchases made after

sign-up, such as additional usage.

The refund will be applied to the account that you pay us from. We may process your refund before we receive your returned device. If we do that, and you fail to return your device or equipment within 10 working days, we will issue an invoice for the amount of the refund and charge your account. We will also charge you if, when your returned device is received, we or an independent technical expert finds that the conditions of the guarantee have not been met, for example the device is damaged orsome items have not been returned.

If you purchased your home gateway or other device or equipment from a retail store, you must return it to them to receive your refund. You must always talk to our Sales and Service Centre to cancel your plan and organise your refund of any plan charges that you have paid.

Suggestions for USB modem customers

If you are a USB modem user we may suggest to you that you try the USB modem booster before you take advantage of the MBG.

If you do try the USB modem booster within your USB modem MBG period, we will apply a new MBG period of 14 days calculated fromthe date that you purchased your USB modem booster. If you buy the booster after the USB modem MBG period has expired, a MBG will only apply to the booster.

We reserve the right to limit the number of times that we will accept MBG returns from you. If we consider that our products or services just won’t suit you, we will complete your latest returnand refund, and advise you that you should seek an alternative Internet service. The MBG does not apply if you simply change your mind (early termination fees on fixed term contracts will apply)

software

Software that we provide is licensed (or sublicensed) to you onlyfor use with our services.

intellectual property

You do not have any intellectual property rights in the services,devices or other equipment that you receive from us, or the content of our website.Copyright in all material on this site is owned by vividwireless.

The trademarks, service marks and logos (the "Trademarks"), used and displayed on this web site are registered and unregistered Trademarks of vividwireless and others.

Nothing on this web site should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the web site without the written permission of the Trademark owner.

You may not use these or any other vividwireless trademarks or service marks without the written permission of vividwireless.

your monthly usage allowance

Your monthly usage allowance is specified in the data plan that you have chosen (details are on the plans and pricing page on ourwebsite).

If you use all of your allowance there are no excess usage charges but your speed will be slowed to 64kbps download and 64kbps upload until the start of your next billing period. We will do our best to email you before this happens and again when it does happen. Please make sure we always have your current email address. We will not charge you for any excess usage while your service is slowed in this way but your standard monthly charges continue.

You can increase your usage allowance by moving to a higher plan (unless you’re already on our highest plan). We’ll do our best toemail you when you are close to reaching the limit of your

monthly usage allowance, to give you the chance to upgrade beforeyou run out. You can change your plan once a month at any time after your first month, and the upgrade will take effect almost immediately. You don't have to wait until the end of your billingmonth.

You can also buy blocks of additional usage without changing yourplan. Like your included plan allowance, if you don’t use the topup data the remainder will not be rolled over to the next month.

Remember too that some things you do online will use up a lot of your allowance, including downloading video files, applications software, MP3 files and peer to peer data sharing software. Our Acceptable Use Policy governs all of our plans. We may de-prioritise non time critical activities like peer to peer over our network to reduce its impact on other users on the network. Click here to view our Quality of Service FAQs.

some things are out of our control

We want to offer you the best service possible, but some things are beyond our control and we cannot accept responsibility for them. We are not responsible for any service failure which happens because:

Of a fault with anything that we have not supplied to you, like your own computer; personal devices, router, VPN etc;

You do not use our services correctly, such as illegal torrents;

You do not setup your device according to our instructions; You do not update software that we provide to you; You do not let us update software supplied to you; or Anything else outside of our reasonable control, like a

flood or bushfire.

Additionally, we cannot control the speeds that all internet users can expect from their peer to peer applications, nor can wecontrol the overall speeds that a customer belonging to another Internet Service Provider receives. All internet users have the

ability to limit the amount of uplink traffic that leaves their computer, which in turn makes the speed slower for the source (inthis case being the vividwireless customer); this is completely out of our control.

other things that might cause your device or equipment to fail

We will not accept responsibility for everything that happens to your home gateway, USB modem, ViViFi® Wi-Fi hotspot or other devices that you have purchased or received from us.

We are not responsible for repairing or replacing a device or other item of equipment if it is defective due to:

Any abuse, misuse, neglect or mishandling, any accident by you or a third party; any improper maintenance or service, including for example opening the home gateway case by anyone but our authorised technicians, or connection to external antennas that are not approved by us; any unusual hazards affecting the device, or failure to provide a suitable environment for it (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect powervoltage);

Electrical supply problems; or Natural disasters including for example floods, lightning

and fire, acts of terrorism, or any other cause beyond our reasonable control.

system compatibility

We have tried to make our services compatible with popular software packages and computer configurations. However, we are not responsible for ensuring that our services, devices or the software that we provide will be compatible with your computer, other equipment, software or data.

Visit the system requirements section of our products on our website to check compatibility.

internet content

We are not responsible for:

Ensuring that the data you access or make available through our services will be private, secure or free of anything which may damage your equipment or data; or

The content or reliability of any information or software that you access or make available through our services.

You are responsible for all information and material that you send or make available using our Services.

You or anyone accessing your service must not publish or make available any material which is illegal. You also acknowledge that vividwireless does not check or approve anything available to you when you use our services. You access and use information and material at your own risk. Please read the Acceptable Use Policy.

your responsibilities

You are responsible for the use that you make of your device and our services.

You must:

Keep your vividwireless devices secure against use by other parties. You are liable for all charges resulting from use of our services using your device, whether authorised by youor not. If your device is lost or stolen, notify us immediately. You will be liable for its use until we hear from you, at which time we will suspend its use. You will beresponsible for replacing it. If you do you will be able to resume your existing contract where you left off. If you choose not to and you have some time on your contract to run, you will have to pay any applicable early termination fee;

Keep confidential all identification and log-in information required to access our services. You are liable for all fees

and charges resulting from use of our services when accessedusing your log-in information, whether authorised by you or not;

Comply with our policies in place from time to time (a copy of our Acceptable Use Policy, which forms part of these terms and conditions, can be found on our website). You mustalso ensure that any other person you let use our services also complies with these policies;

Immediately report any misuse of your account or disclosure of your security data;

Not resell the services we provide to you; Not use our service to operate a business or connect more

than five devices to one account (except for broadband & phone bundle plans and the Unlimited plan which have a limitof one device) as we may shape or slow your access to the network suspend or terminate your service. Our wireless broadband services are intended for ordinary domestic use.

Pay for the services in full by the due date nominated by uson your bill by direct debit to your credit card or bank account, or other method offered by us from time to time. This will happen automatically, but you must ensure that your credit card or other account details are kept up to date. For example, if your card expires and you receive a replacement with a new expiry date or account number, or youchange the account from which direct debits are made, payments may not happen. If you fail to keep your details current, or if you enter incorrect details when you sign up,your service may be suspended while records are updated. Youwill be charged your normal monthly charges while your account is suspended. You must tell us immediately if your card is lost or stolen, and nominate a new card for your vividwireless account;

Ensure that all information you provide to us is correct andup to date. You must regularly check for emails from us at the email address you nominated as your contact email address when you signed up, as we may send you important notices about the service using this email address (for example about your usage or planned upgrades or outages);

Provide your own computer protection, including virus protection and firewalls. We strongly recommend that you install anti-virus and firewall software; and

Reimburse us for any loss or damage that we suffer if you breach these terms.

security

You are responsible for maintaining security on your computer against computer viruses and other possible security problems. Wemay suspend your phone service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with our network, or any of our other customers in any way.

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus or a virus has been introduced to our network from your computer. We may suspend your Service if your computer has a virus which is affecting our network or other customers.

You should not have to make changes to firewalls or other security devices to use our Service, but we do not accept liability for any change or consequence that may occur as a result of any such changes that you make.

We will cooperate with law enforcement agency investigations which may involve disclosure of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services under certain circumstances.

charges

You can find all of our charges on our website. Please read the details of the charges before you sign up to a plan. We may change these charges from time to time, subject to:

Any fixed term contract pricing commitments that we make to you , which we will not alter during the term; and

Our obligations set out in the section headed “Term and Termination” below (relating to notification and your rightsof termination).

Unused usage in any month cannot be carried over to the nextmonth.

If you terminate the Services during a billing period, service charges paid will not be refunded.

If you have agreed to take services for a specified contract term(fixed term contract), you must maintain your services until the end of the term or pay any applicable early termination fee, regardless of your reason for leaving us. Early termination fees are reasonable and necessary for vividwireless to recoup costs associated with the cancellation of a fixed term contract. They are not imposed as a penalty for terminating your fixed term service early.

The Early Termination Fee (ETF) will be charged to your account. The Early Termination Fee (ETF) will be calculated as follows:((Device RRP at activation + Administration Fee)/fixed term length) * [months remaining] = ETF.

The Early Termination Fee is calculated using the device RRP at the point of activation. Hence even if the device RRP subsequently changes during the fixed-term period, the ETF will still be calculated based upon the RRP at the time of activation.

The Administration Fee is $50 and covers operational business costs required to provide the service to the customer. These include: • Providing and managing the vividwrieless network • Providing customer service via our Sales & Service Centre

Example:The ETF for a home gateway on a 24 month fixed term plan finishing 6 months early is:(($299 + $50) / 24) * 6 = $87.25

Pre-activation cancellation fees are fixed at $50.00 and are imposed strictly to recoup our costs if you cancel before serviceactivation.You must pay to us the applicable GST payable for the supply of the services. All charges under these terms and on our website include GST. Charges on your bill are rounded up when GST is applied, and may vary a little for that reason.

payment, interest and other charges

Every month we will send an email to your nominated email addresswith a link to your invoice. We do not send paper invoices. If you believe that there is a mistake in your invoice, please ring our Sales and Service Centre as soon as possible and we will investigate.

You must give us accurate credit card or bank account details andkeep them current.

You agree that:

We will invoice you monthly until service termination on approximately the same day each month following your commencement of the services. The charges will fall due a few days later (but if you are a direct bank debit customer,your first months charges will appear on the invoice received in the following month);

We will automatically charge the invoiced amount to your nominated account on or shortly after the due date specifiedon your invoice. This invoiced amount will include monthly charges for our service and any additional charges for products that you may have purchased that month. It will also include any other charges incurred by you in advance ofyour invoice being issued; and

We are entitled to charge your account at or after termination for any outstanding fees you may owe us, including any applicable early termination fees or fees for any device or equipment that should have been returned to us.

If your credit card is declined, a direct debit is dishonoured orwe do not receive payment for any other reason, we may suspend your access to the Services. We will send you an email telling you that this has happened, or an sms if you have given us your mobile number. If your bank account direct debit is dishonoured we will suspend your service immediately. If your credit card is declined and you have not arranged for payment within the period specified in our notice to you, your service will be suspended. If your account is suspended for this reason, you will be automatically redirected to a special web page which will explainhow to have the suspension lifted. Your account will continue to be charged for your service while it is suspended.

If charges continue to remain outstanding for more than 14 days, we may terminate your services. If we do terminate your services,you will be required to pay all charges outstanding at the time of termination. These charges may include charges for the month for which your payment was not made and the following month. If you are on a plan with a fixed contract term, you will also be required to pay an early termination fee if your termination dateis before the end of your agreed contract term. If you revoke authorisation to charge your credit card or direct debit from your bank account, or if for any reason your card issuer or bank does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You will have to pay by an alternate method.

If payments due to be made by you are delayed, we reserve the right to charge interest or a late fee, including administration fees if your direct debit is dishonoured. You will be responsiblefor any fees that your bank charges you in these circumstances. If you fail to pay on time for two consecutive months, we reservethe right to require you to pay for the remainder of your contract term in advance. If we have to chase you for payment, wewill charge you any costs that we reasonably incur in doing so.

If you choose to pay using an American Express card, a surcharge of 2% plus GST will be added to your bill. This surcharge is not refundable.

liability and indemnity

our liability to you

You agree to use the Service (and each of its features), accepting full risk and responsibility in doing so. You agree that, subject to below, we are not liable to you for any loss or damage (including Consequential Loss, special or indirect loss ordamage), whatsoever arising (including for vividwireless’ breach of this Agreement), which you suffer under or in connection with this Agreement or the supply of the Service, unless you suffer direct loss or damage because of any negligent act or negligent omission by us under or in connection with this Agreement In thiscase we will be liable to you for any such direct loss or damage suffered (but, for avoidance of doubt, not any Consequential Losssuffered). For example, we are not liable to you for any loss or damage (including Consequential Loss), that you suffer as a result of you or any other person using the Service or any of itsfeatures for any improper purpose (including a purpose in breach of the Fair Use Policy or Acceptable Use Policy or any other termof this Agreement).

implied representations and warranties

The warranties that apply to devices and equipment are described above. This section refers to implied conditions and warranties that may otherwise be relevant to the Service. If you are a consumer as defined in the Australian Consumer Law, our goods come with guarantees that cannot be excluded under that Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and that failure does not amount to a major failure.

you indemnify us

You indemnify us (hold us harmless and agree to reimburse us) forany loss or damage that we suffer relating to the use of the vividwireless service by you. This indemnity does not apply to any loss or damage that we suffer as a result of any wilful

misconduct or reckless act or omission by us. Your obligations under this indemnity will continue despite the termination of this Agreement, until all monies that you owe us have been paid in full.

term and termination of services

This agreement commences when you purchase a home gateway, USB modem and/or  ViViFi® Wi-Fi hotspot or any other device or equipment from us and sign up to a plan, and continues until terminated in accordance with these terms. We may terminate your services if you breach these terms, including the AUP in a significant or material way.

If you elect to terminate the Services before the end of your fixed term contract period, we may impose the early termination fee applicable to the plan you chose when you joined up.

You must give us at least two days notice of termination, and notice must be given at least two days before the end of the current billing period.We may terminate the Services if we cease providing services on our network or if we have reasonable grounds to believe that:

A threat or risk exists to the security of the Service; or The provision of the Service may cause death, personal

injury or damage to property; or Cessation of the Services is necessary for us to comply with

our legal obligations (including legislative changes), or Court orders.

We may also terminate the Services if, in your dealings with our staff, you harass, insult or abuse any of them, including by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.

If the Services are terminated under this clause you must pay us all monies due. Termination will not affect either party's respective rights or remedies.

changes to these terms

We may change these terms or any information contained on our website, including prices and usage allowances, at any time. However, if a change is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change and we will give you the option to terminate the Services without paying any additional fee.

privacy

By using our website or our services you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which forms part of these terms and is available on our website. We may for example, disclose relevant information about you to or receive informationabout you from your bank, credit card provider or their agents.

spam

We comply with the Spam Act 2003 (Cth). If we send you promotional or marketing information you may reply requesting us not to send you any similar emails. However, all of our official communication with you will be by email: notice of upgrades and outages, invoices and so on. You agree, as part of your acceptance of these terms and conditions, that we can send you emails for those and related purposes.

notices

Notices will be sent by email to the email address that you have nominated. You will be deemed to have received a notice at the time that the email is sent.

assignment

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate.However, if assignment is likely to have a detrimental impact

upon you, and that impact is more than a minor impact, we will notify you and give you the option to terminate the Services.

You may not transfer your service. You are free to transfer ownership of your home gateway, USB modem, ViViFi® Wi-Fi hotspot or other devices and equipment but if you do and you no longer wish to be responsible for payment, you must cancel your service and the new owner must enter into a new contract with us.

enforceability

If any term in this Agreement or a right of either of us under this Agreement is not enforceable in a certain State or Territorythat does not mean that:

That term or right is not enforceable in any other State or Territory of Australia; or

Any other term or right is not enforceable in that State or Territory of Australia or in any other State or Territory ofAustralia.

waiver

The only way in which we can be said to have given up any rights that we have under this Agreement is if we agree to do so in writing. Even if we give up one of our rights under this Agreement in a particular circumstance, that does not mean that we have generally relinquished that right. If we do not exercise a right, or are slow in doing so, that does not mean that we haverelinquished altogether that right.

governing law & jurisdiction

The laws of New South Wales govern this Agreement.

Please contact our Sales and Service Centre on 1300 32 78 37 if you would like a copy of this Agreement in an alternative format,for example in a larger print size.

complaints

Our internal customer complaints procedure is designed to resolveyour complaint with minimal fuss and expense.  Please read our Complaints Handling Policy.

If you wish to make a complaint you can contact us:By phone on 1300 32 78 37; orBy fax on 1300 31 94 54; orIn writing to us at Locked Bag 11, Joondalup, Western Australia, 6027.

NOTE: If you are a phone customer the following terms and conditions are relevantto you.These are the Terms and Conditions upon which we supply our phoneservices.

In these Terms 'you' and 'your' mean the customer (that’s you). ‘We’, ‘our’ and ‘us’ mean vividwireless Pty Limited.

Our Service means the home phone services specified in the plan (including bundle) that you have chosen.

By using our Services you accept these Terms just the same as if you had signed a piece of paper, and together with the other information about the products and services that you have acquired from us on this website and in other parts of this document, form the Agreement between you and us.

You must be at least 18 years of age to open an account for our Services.

If you breach these Terms in a serious way, we may suspend or terminate your Service.

Remember, our Fair Use Policy applies to our phone plans and our Acceptable Use Policy (AUP) applies to our data plans. We may suspend or terminate your phone or data Service if you breach

either of them.

The Terms and Conditions of the data plan that you have signed upto also apply to your data service. Please read them.

If you buy anything from us online you will also be bound by the terms and conditions governing our online shop.

nature of our services

You have to sign up to a vividwireless data plan and add on a phone plan to use this Service, or sign up to a broadband & phonebundle plan.

Our Service is not a PSTN (Public Switched Telephone Network), which refers a telephone system based on copper wires carrying analogue voice data. There are important differences between a PSTN service and the Voice Over Internet Protocol Service provided by vividwireless.

A voice over Internet Protocol telephone service just means making phone calls over the Internet.

You can use any standard telephone handset; this includes both cordless and corded telephones. You don’t need to buy a new or special phone. Just plug the handset into the phone port on your home gateway.

Our phone plans offer a standard incoming and outgoing call service. The Service provides you with the ability to make local,national, and international calls from the local calling areas ofAustralia.

Calls can be made to:

Australian national geographic numbers (calls dialled using an Australian area code);

Mobile numbers (with a prefix 04); and Most international numbers (calls dialled as 0011 + Country

Code).

However, we do not guarantee that you will be able to make successful calls to every valid number as we don’t own or operateevery part of the networks used to provide these services to you.

Details of each plan (including promotional) that we offer are available on the plans and prices page of our website and in the Service Features and Charges section below. Those details form part of these Terms. If you buy additional features from us that complement the phone Services, they will be subject to the terms and conditions set out where you buy them on our website.

We will provide our Services to you in accordance with these Terms, using reasonable skill and care.

We will make sure that the Services do everything that we say they will do as far as it is reasonably within our power to do so.

We may at any time, and without first telling you or asking for your consent, vary or replace one or all of the features of the Service, or provide additional features to those set out in the Description of Service Features and Charges.  However, we will doour best to let you know before we do, and if a variation is likely to have a detrimental impact on the service, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change. In this instance we will give you the option to terminate the Services without paying any additional fee.

availability of the services

We endeavour to make our Services available to you within our network coverage area at all times. However availability is sometimes affected by factors outside our control, such as prolonged interruptions to power supplies.

The phone service is not free from faults or interruptions. The Quality of Service (QoS) and each of its features may be subject to congestion, “dropouts” and/or loss of data. Not all features of the Service may be available to you.

We may also need to interrupt our Services occasionally in order to upgrade or maintain them. If we need to interrupt our Serviceswe will:

Whenever possible conduct maintenance or upgrades between 1.00 am and 5.00 am Western Australian Time and 1.00 am and 5.00 am Eastern Standard Time;

If possible tell you in advance (on our website), if our Services will be unavailable due to maintenance or another foreseeable reason; and

Restore disrupted Services as soon as possible.

We use the address information that you provide when you buy fromus online or over the phone to check whether you fall within our network coverage area. You should do this in store or elsewhere online before you buy from a retailer.

Unfortunately, like all wireless services we cannot guarantee theavailability of our Services in advance, as there may be places within our network coverage area where you cannot receive the Services because of unusual terrain or other environmental or structural circumstances.

However, if the Service is unavailable for reasons of coverage weoffer a limited 14 day money back guarantee on our data plan and phone service bundles. The money back guarantee section below details how it works.

triple zero emergency services

You must understand that the triple zero emergency service will not function correctly if you move address or otherwise change the physical location of your vividwireless phone Service withoutupdating your address details.

In the event that you dial triple zero from your vividwireless connection, the service address as advised by you will be displayed to the triple zero emergency services operator. It is your responsibility to notify us of any changes to your service address.

If there is disruption to our network you will not be able to usethe Service, including dialling triple zero.  If this feature is vitally important to you, you might want to consider keeping yourfixed landline. Please also read the "Quality of Service" sectionbelow relating to the service limitations.

power failure

The Service will not work in the event of power failure, even when calling triple zero emergency services, until power is restored. If this feature is vitally important to you, you might want to consider retaining your fixed landline.

quality of service

It is technically impractical to guarantee that the Service will be free of fault or error, and that there is always sufficient capacity to carry all calls attempted using the Service. We do undertake to provide the Service using the reasonable care and skill of a competent carriage service provider.

Your choice of telephone handset may affect the quality of your call.

While we will do our best to give voice traffic priority over data traffic we do not control anything other than our own network, and except for vividwireless to vividwireless calls, your calls will be carried over networks other than ours. We cannot accept liability for any loss or damage arising from the quality of the Service, suspension of the Service or any faults arising in the Service.

the customer service guarantee does not apply

A key obligation placed upon carriage service providers who supply a standard telephone service is the customer service guarantee (CSG). The CSG is a standard intended to promote service improvement and protection against poor service, and outlines minimum performance requirements for specified services (including enhanced call handling features such as Call waiting).

The standard does not apply to customer equipment or the disconnection of a service.

While we expect to provide you with a service that you will be very satisfied with, the type of service we offer is different from a conventional PSTN service over copper wires. For this reason we ask that you waive your rights under the CSG if you wish to take advantage of our service.

By entering into this agreement you acknowledge that you waive your protection and rights under the CSG in return for significant benefits, including low cost call rates, a 14 day money back guarantee for coverage issues and technical support. Please read the phone service waiver.

ending calls

You are responsible for ensuring that all calls that you or another person (with or without your consent), initiate on the vividwireless network are terminated. Don’t forget to hang up!

your phone number

The phone numbers used and allocated with our home phone Service are called Geographic Numbers and are controlled by the Australian Communications and Media Authority (ACMA) under its Telecommunications Numbering Plan 1997.

The Numbering Plan stipulates that “a geographic number must not be used except in connection with the supply of a local service” meaning that geographic telephone numbers may only be used from their allocated geographic area. A number will be automatically allocated to you when you sign up for a phone plan, in line with the Telecommunications Numbering Plan.

You will be allocated a 10 digit phone number applicable to your geographical location. If you move interstate, you will need to contact our Sales and Service Centre on 1300 32 78 37 to arrange a transfer.

In the event that your Service is disconnected, the phone number will be quarantined for a certain period and you will no longer have any rights to that number. We reserve the right to alter or replace any phone number as a result of compliance with the National Numbering Plan or with any direction from the ACMA. We will notify you of any numbering change affecting you as soon as practicable.

calling number display (cnd)

If you do not block CND when you make a call using the Service, your telephone number might be sent automatically to the equipment of the person you called. If a person calling you has not blocked CND for calls made from their equipment, their telephone number may be displayed on your handset’s screen (if the handset is technically capable of displaying CND).

service barring

You may ask us to bar your vividwireless telephone number at anytime. Barring a service number will prevent you making or receiving voice calls INCLUDING CALLS TO EMERGENCY TRIPLE ZERO NUMBERS.

We will not bar your telephone number if to do so would adverselyaffect another person's use of the Service. We will remove at your request the bar on your telephone number.

number portability

Currently vividwireless is not capable of porting allocated Voiceover Internet Protocol (VoIP) numbers. We are working with other carriers on a Number Portability solution. There is no definitivetimeframe as to when this service may be available.

13/1300/1800 Numbers

If you are issued a geographic telephone number in accordance with the address that you provided (where the Service is to be used), we will attempt to route these calls through the local gateway.

However, once vividwireless has routed the call out to the correct gateway, it is still a matter for the upstream carrier toconfigure the 1300 Service to allow their switches to correctly route to a termination point.

changing your plan

We want you to enjoy as much flexibility as possible.

You can change your plan to an upgraded plan at any time. Howeveryou cannot downgrade your plan within the first month. Apart fromthat you can change your phone plan at any time, but only once during a billing month. You don't have to wait for the end of your billing month to make a change to your plan.

When you change your phone plan, we will make adjustments to yourbill. We will give you a credit to adjust for the phone plan charges already paid for the month under your previous phone plan, and we will apply a charge to adjust for your new phone plan for the rest of the month. Your plan change will take effectfrom the commencement of the day that you make the change (i.e 12.00am) and all calls made on the day of the change and subsequent calls will be rated according to the new plan.

Some of our fixed term, broadband & phone bundle or promotional plans may restrict your ability to change/move within plans. You should refer to the additional terms that apply to those plans. Please go to My Account for details on movement within fixed termbundle or promotional plans.

If you buy additional features through our website, and then decide that you don't want them, you will have to pay for them for at least a month - unfortunately we cannot refund the chargesfor additional features deactivated during a billing period.

acceptable use and fair use

You must always use our service in accordance with our AcceptableUse Policy and our Fair Use Policy which form part of this Agreement.

equipment and access

In order to use our phone Service you:

Need a home gateway device; Must select a vividwireless broadband data or broadband &

phone bundle plan; and Need a standard telephone handset; including cordless and

corded telephones.

You can buy the home gateway device from us online, over the phone or from one of our participating retail partners. If you buy a device from another supplier not associated with us, it remains your responsibility to ensure that it is able to be used to access our Services. It almost certainly will not work and we do not recommend it.

Services will only be available once you select a vividwireless data plan and phone plan and sign up. The Terms and Conditions govern the home gateway and our data plans.

Your telephone handset is entirely your responsibility, and we donot offer support for handsets and their functions.

Your ability to use the Service and each of its features may depend upon the features and functionality of your telephone handset.

If you want to replace faulty vividwireless products call the Sales and Service Centre and they will give you instructions for its return. These Terms and Conditions govern the home gateway device and full warranty details are included.

money back guarantee

We offer a 14 day money back guarantee (MBG) if you cannot use our service due to poor coverage and/or signal strength.  The MBGapplies to our home gateway, data services, phone plan bundles and broadband & phone bundles if you buy a phone plan at the sametime as the home gateway, but not on the phone plans by themselves.

If, within 14 days of purchase, you plug in your home gateway, USB modem or ViViFi® Wi-Fi hotspot, sign up to a plan and believethat you cannot receive our service, please ring our Sales and Service Centre on 1300 32 78 37. We will conduct tests while you are on the phone to determine whether you are able to receive a satisfactory coverage and/or signal.

You will only be eligible to receive this MBG if you have made a reasonable attempt to establish a connection and our tests show that you cannot receive a satisfactory coverage and/or signal. Ifyou purchased your product online or through our Sales and Service Centre, we will give you a full refund of the purchase price (excluding the delivery fee), any plan charges that you have paid and any additional monthly service charges that you have paid for in advance.

You must return the device or equipment in its original undamagedcondition together with accessories, CDs, cables, anything else included, and ideally, the original packaging to prevent any transit damage. We will pay the return costs, but we will not refund your original delivery fee or one-off purchases made aftersign-up, such as additional usage.

The refund will be applied to the account that you pay us from. We may process your refund before we receive your returned device. If we do that, and you fail to return your device or equipment within 10 working days, we will issue an invoice for the amount of the refund and charge your account. We will also charge you if, when your returned device is received, we find or an independent technical expert  finds that the conditions of theguarantee have not been met, for example the device is damaged orsome items have not been returned.

If you purchased your home gateway or other device or equipment from a retail store, you must return it to them to receive your refund. You must always talk to our Sales and Service Centre to cancel your plan and organise your refund of any plan charges that you have paid.

The 14 day MBG period is calculated in days as follows. The firstday of connection to the service is Day 1 of the 14 day period, regardless of the time of connection to the service. The 14 day period ends when our customer care phone lines close for the night on the 14th day of connection. For example, if you signed up at any time on Saturday 1st May 2010, you must have made your claim before our phone lines close on Friday 14th May, 2010. Remember to check when our phone lines close on weekdays, weekends and public holidays.

We reserve the right to limit the number of times that we will accept MBG returns from you. If we believe that our products or services just won’t suit you, we will complete your latest returnand refund, and advise you that should seek an alternate Internetprovider. The MBG does not apply if you simply change your mind.

system requirements

We have tried to make our Services compatible with popular software packages and computer configurations. However, we are not responsible for ensuring that our Services, devices or software will be compatible with your computer, other equipment, software or data.

Visit our minimum System Requirements section of products on our website to check compatibility.

your broadband connection

The vividwireless phone Service works on your vividwireless broadband connection. It is important that you understand that the broadband connection can sometimes affect the vividwireless phone Service. We ask that you acknowledge that if your broadbandconnection is disconnected, your vividwireless phone Service willbe unusable. We exclude liability for the termination of your phone Service in these circumstances.

If we shape your broadband connection because, for example, you have used all of your monthly data allowance, your vividwireless phone service will not be affected.

security

You are responsible for maintaining security on your computer against computer viruses and other possible security problems. Wemay suspend your phone service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with our network, or any of our other customers in any way.

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus or a virus has been introduced to our network from your computer. We may suspend your Service if your computer has a virus which is affecting our network or other customers.

You should not have to make changes to firewalls or other security devices to use our Service, but we do not accept liability for any change or consequence that may occur as a result of any such changes that you make.

We will cooperate with law enforcement agency investigations which may involve disclosure of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services under certain circumstances.

your responsibilities

You are responsible for the use that you make of your device and our Services.

You must:

Keep your home gateway secure against use by other unauthorised parties. You are liable for all changes resulting from use of our home phone Services using your home gateway, whether authorised by you or not;

Keep confidential all identification and log-in information required to access our Services. You are liable for charges resulting from use of our Services when accessed using your log-in information, whether authorised by you or not;

Comply with our usage policies in place from time to time (acopy of our Fair Use Policy, which forms part of these termsand conditions, can be found on our website). You must also ensure that any other person you let use our Services also complies with these policies;

Immediately report any misuse of your account or disclosure of your security data;

Not resell the Services that we provide to you; Not use our Service to operate a business or connect more

than five devices to one account (except for broadband & phone bundle plans and the Unlimited plan which have a limitof one device) as we may shape or slow your access to the network suspend or terminate your service. Our wireless broadband services are intended for ordinary domestic use.

Pay for the Services in full by the due date nominated by uson your bill by direct debit to your credit card or bank account, or any other method offered by us from time to time. This will happen automatically but you must ensure that your credit card or other account details are kept up to date.  For example, if your card expires and you receive a replacement with a new expiry date or account number, or you change the account from which direct debits are made, payments may not happen. If you enter incorrect details whenyou sign up, your service may be suspended while records areupdated so that payment can proceed. You will be invoiced for your normal monthly charges while your account is suspended. You must tell us immediately if your card is lostor stolen, and immediately nominate a new credit card for your vividwireless account;

Ensure that all information you provide to us is correct andcurrent. You must regularly check for emails from us at the email address you nominated as your contact email address when you signed up, as we may send you important notices about the Service using this email address (for example about your usage or planned upgrades or outages);

Provide your own computer protection, including virus protection and firewalls. We strongly recommend that you install anti-virus and firewall software; and

Reimburse us for any loss or damage that we suffer if you breach these Terms.

some things are beyond our control

We want to provide you with the best service possible, but some things are beyond our control and we cannot accept responsibilityfor them.

We are not responsible for any Service failure which happens because:

Of a fault with anything that we have not supplied to you, like your own telephone handset;

You do not use our Services correctly; You do not setup your home gateway according to our

instructions; You do not update software that we provide to you; You do not let us update software supplied to you; or Of anything else outside of our reasonable control, like a

flood or bushfire.

other things that might cause your equipment to fail

We cannot accept responsibility for everything that happens to your home gateway or other devices you have bought or received from us. Specifically, we are not responsible for repairing or replacing a device or other item of equipment if it is defective due to:

Any abuse, misuse, neglect or mishandling; any accident by you or a third party; any improper maintenance or service, including for example opening the home gateway case by anyone but our authorised technicians, or connection to external antennas that are not approved by us; or any unusual hazards affecting the device, or failure to provide a suitable environment for it (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);

Electrical supply problems; or Natural disasters including for example floods, lightning

and fire, acts of terrorism or any other cause beyond our reasonable control.

charges

You can find all of our charges on our website. Please read the details of the charges before you sign up to a plan. We may change these charges from time to time, subject to:

Any fixed term contract pricing commitments that we make to you , which we will not alter during the term; and

Our obligations set out in the section headed “Term and Termination” below (relating to notification and your rightsof termination).

Unused usage in any month cannot be carried over to the nextmonth. 

If you terminate the Services during a billing period, paid Service charges will not be refunded. You may only end the Services during a billing period without paying any fee if you are not on a fixed term contract.

If you have agreed to take services for a specified contract term(fixed term contract), you must maintain your services until the end of the term or pay any applicable early termination fee, regardless of your reason for leaving us. However you are able toterminate the Homeplus phone plan or Starter phone plan without paying cancellation fees if you maintain your data service until the end of the term.

If you are a broadband & phone bundle plan customer on a fixed term contract and would like to move to a data plan only, go to My Account or refer to our FAQs to find out what data plans are available.

The early termination fee will be charged to your account.

The Early Termination Fee (ETF) will be calculated as follows:

((Device RRP at activation + Administration Fee)/fixed term length) * [months remaining] = ETF

The Early Termination Fee is calculated using the device RRP at the point of activation. Hence even if the device RRP subsequently changes during the fixed-term period, the ETF will still be calculated based upon the RRP at the time of activation.

The Administration Fee is $50 and covers operational business costs required to provide the service to the customer. These include:

Providing and managing the vividwrieless network Providing customer service via our Sales & Service Centre

Example:

The ETF for a home gateway on a 24 month fixed term plan finishing 6 months early is:

(($299 + $50) / 24) * 6 = $87.25

Pre- activation early termination fees are fixed at $50.00 and are imposed strictly to recoup our costs if you cancel before service activation.

You must pay to us the applicable GST payable on the supply of the Services. All charges under these Terms and on our website include GST. Charges on your bill are rounded when GST is appliedand may vary a little for that reason. You will never be disadvantaged by this.

payment, interest and other charges

You must pay us all the Charges and fees which you incur accessing and using the Service (including GST).

You agree that all Charges incurred by you in using our Service are your responsibility, irrespective of whether you or another person (with or without your consent), used this Service. All

monthly chargers are charged in advance and any call charges are charged in arrears.

Processing and verification procedures may mean that not all calls made during the period covered by an invoice can be included in that invoice.  We will include those calls in a subsequent invoice. We will calculate your invoice by reference to data that we have recorded or logged. Our records and call-logging procedures will be conclusive evidence of the usage of the Service and the charges payable by you.

If your accumulated call charges for use of the Service are deemed as high usage under the terms of our Fair Use Policy at any time, we may suspend your access to the Service. If you are experiencing financial hardship under the terms of our Financial Hardship Policy we may agree to extend the period allowed for thepayment of any outstanding charges.

Every month we will send an email to your nominated email addresswith a link to your invoice. We do not send paper invoices. If you believe that there is a mistake in your invoice, please ring our Sales and Service Centre as soon as possible and we will investigate.

You must give us accurate credit card or bank account details andkeep them up to date.

You agree that we:

Will invoice you monthly in advance for your phone plan charges and data plan charges until termination, on approximately the same day each month following your commencement of the Services;

Will automatically charge the invoiced amount to your nominated account on or shortly after the due date specifiedon your invoice. This invoiced amount will include monthly charges for our Service, call charges in arrears for calls made during the preceding month and charges for anything else that you have bought that month. It will also include

any other charges incurred by you in advance of your invoicebeing issued; and

Are entitled to charge your account at or after termination for any outstanding fees you may owe us, including any applicable early termination fees or fees for any vividwireless equipment that should have been returned.

If your credit card is declined, a direct debit is dishonoured orwe do not receive payment for any other reason we may suspend your access to the Services. We will send you an email telling you that this has happened.  If your bank account direct debit isdishonoured we will suspend your service immediately. If your credit card is declined and you have not arranged for payment within the period specified in our notice to you, your service will be suspended. If your account is suspended for this reason, you will be automatically redirected to a special web page which will explain how to have the suspension lifted. Your account willcontinue to be charged while it is suspended.

If charges continue to remain outstanding for more than 14 days, we may terminate your Services. If we terminate your Services, you will be required to pay all Services charges outstanding at the time of termination. These may include Services chargers for the month for which your payment was not made and the following month. If you are on a plan with a fixed contract term, you will also be required to pay a cancellation fee if your termination date is before the end of your agreed contract term. If you revoke authorisation to charge your credit card or direct debit from your bank account, or if for any reason your card issuer or bank does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You must contact us to arrange an alternate payment.

If payments due to be made by you are delayed, we reserve the right to charge interest or a late fee, including administration fees if your direct debit is dishonoured. You will be responsiblefor any fees that your bank charges you in these circumstances. If you fail to pay on time for two consecutive months, we reservethe right to require you to pay for the remainder of your contract term in advance. If we have to chase you for payment, we

will charge your account with any costs we reasonably incur in doing so.

If you choose to pay using an American Express card a surcharge of 2% plus GST will be added to your bill. This surcharge is not refundable.

real time billing

Approximately 36 hours after a call ends, vividwireless will endeavour to provide details of the successful calls made by you in the My Account section of our website.

From time to time there may be a delay between calls made and calls loaded onto the website. For this reason we cannot accept responsibility if you rely on this service. You should always payus based upon your monthly invoice.

included calls

If your phone plan states that there are a specified number of calls per month, in addition to charging you the monthly phone plan fee we will charge you for any calls that you make that month in excess of the included calls applicable to your chosen Plan. 

unused included calls will be forfeited each month

Only standard calls qualify as complimentary or included calls per month, unless your Plan states that other call types may alsoqualify.

If in any month you have not made the number or length of calls equal to the included call allowance per month, the balance of the complimentary or included calls per month will not be carriedforward to the next month. You will forfeit any unused calls during each monthly billing cycle.

restricted destinations

Calls to international destinations may vary and be unavailable from time to time. If you are unsure, refer to the international rates table or contact the Sales & Service Centre on 1300 32 78 37 for unavailable countries.

rounding up

Your actual charges may vary on your Invoice, as each charge is rounded up to the nearest cent before GST is included.

difficulties with connection

If you are having trouble making the Service work please:

Refer to the troubleshooting guide supplied with your telephone handset;

Refer to the FAQs; or Contact our Sales and Service Centre on 1300 32 78 37.

These Terms and Conditions govern the home gateway and full warranty details are included.

customer service

If you are disconnected during a call, or experience a fault using the Service that you believe to be caused by our network orvividwireless hardware or software, give our Sales and Service Center a ring on 1300 32 78 37.

term and termination of services

This Agreement begins as soon as you sign up to a phone plan, andcontinues until terminated in accordance with its terms. We may terminate your Services if you breach these Terms in a significant or material way.  Remember, the terms and conditions of your data plan also apply.

You may terminate this agreement, but you must give us at least two days notice of termination, and notice must be given at leasttwo days before the end of the current billing period. You will have to pay all charges that you have incurred up to and

including the final date of termination. You may have to pay an early termination fee if you joined on a plan with a fixed term.

We may terminate the Services immediately if we stop providing services on our network or if we have reasonable grounds to believe that:

A threat or risk exists to the security of the Service; Provision of the Service may cause death, personal injury or

damage to property; or Cessation of the Services is necessary for us to comply with

our legal obligations (including legislative changes), or Court orders.

We may also terminate the Services immediately if, in your dealings with our staff or consultant you harass, insult or abuseany of them, including by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.

If the Services are terminated under this clause, you must immediately pay us all monies due. Termination will not affect either party's respective rights or remedies.

Although we will try to give you as much notice as is reasonably practicable, we may, if we choose (and without notice), immediately suspend or limit the Service (or any feature of it), for any period that we consider is reasonably necessary or terminate this Agreement if:

You fail to pay us the Charges, or are in breach of this Agreement or the Fair Use Policy or Acceptable Use Policy and where such breach can be corrected, you fail to correct the breach within seven days of us asking you to do so;

We believe that the use of the Service (or any feature of it) by you or any other person is or might damage, impair orinterfere with the vividwireless Network or any of our othersystems or equipment or any other vividwireless customer;

The Service (or any feature of it) is or is reasonably suspected of being used to commit unauthorised, criminal or unlawful activities;

If vividwireless becomes aware of unauthorised equipment being used on our network, we will issue you with a formal written warning to discontinue use and remove the equipment.If you do not comply with this request, vividwireless will take steps to immediately disconnect you from the network. Please refer to the consequences of termination below.

consequences of termination

On termination of this Agreement:

We will cease providing you the Service and disconnect you and send you a final invoice for all accrued and outstandingCharges;

You must pay all outstanding fees and charges; and You will no longer have the right to use the Service.

Triple zero Emergency Services will not be accessible from a suspended or terminated service.

personal information

By using our website or our Services you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which forms part of these Terms and is available on our website. Please read it.  We may for example, disclose information about you to, or receive information about you, from your bank, credit card provider or their agents.

We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services under certain circumstances.

If you do not bar Calling Line Identification (CLI) on the Service, you agree that when a call is made from the Service your

phone number or your name (as registered in your vividwireless account), may be sent automatically to the called party. You further agree that if a party calling the Service has not barred CLI from calls made from their equipment, the telephone number and name of the calling party may be displayed on the screen of the handset which receives the call, and you shall have no claim against vividwireless in this regard. You can request to block your CLI by calling 1300 32 78 37.

If you do not block Calling Number Display (CND), your telephone number might be sent automatically to the equipment of anyone youcall.

If a party calling the Service has not barred CND from calls madefrom their equipment, the telephone number of the calling party may be displayed on the screen of the handset which receives the call.  In either case if the handset is technically capable of displaying details that is a matter for you and not within vividwireless’ control.

Remember, it is your responsibility to advise us if you do not wish to have your number listed in public directories such as theWhite Pages by phoning our Sales and Service Centre on 1300 32 7837. The applicable fee is specified in the Miscellaneous Charges section of this Agreement.

the integrated public number database (IPND)

The Integrated Public Number Database is an industry -wide database of all listed and unlisted public telephone numbers. In accordance with the applicable industry Code and the Telecommunications Act, companies that provide telephone servicesare obliged to update this data base daily with information such as the customer’s name, the customer’s address, the name of the service provider, what the number is to be used for (private or business), and whether the public telephone number is to be listed or unlisted in telephone directories.

In certain circumstances information held in the database may be disclosed for approved purposes, such as operator and directory

assistance services, publishing public number directories, use byemergency services and law enforcement agencies and any other activity specified by ACMA.  For example, law enforcement and emergency services have access to numbers and information held onthis database regardless of whether numbers are listed or unlisted.

liability and indemnity

our liability to you

You agree to use the Service (and each of its features), accepting full risk and responsibility in doing so. You agree that, subject to below, we are not liable to you for any loss or damage (including Consequential Loss, special or indirect loss ordamage), whatsoever arising (including for vividwireless’ breach of this Agreement), which you suffer under or in connection with this Agreement or the supply of the Service, unless you suffer direct loss or damage because of any negligent act or negligent omission by us under or in connection with this Agreement In thiscase we will be liable to you for any such direct loss or damage suffered (but, for avoidance of doubt, not any Consequential Losssuffered). For example, we are not liable to you for any loss or damage (including Consequential Loss), that you suffer as a result of you or any other person using the Service or any of itsfeatures for any improper purpose (including a purpose in breach of the Fair Use Policy or Acceptable Use Policy or any other termof this Agreement).

implied representations and warranties and our maximum liability to you

The warranties that apply to equipment are described in these Terms and Conditions. This section refers to implied conditions and warranties that may otherwise be relevant to the Service.

Unless expressly stated in these Terms, all other implied conditions and warranties are excluded.

Where our liability cannot be excluded by legislation (including the Competition and Consumer Act 2010 (Cth) and state fair

trading legislation), any condition or warranty implied by that legislation will be included in these Terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:

If the breach relates to products, the replacement of the products or the supply of equivalent products, the repair ofthe products or the cost of replacing, repairing or acquiring equivalent products; and

If the breach related to services, the resupply of the services or the payment of the cost of having the services resupplied.

liability which we cannot exclude

Despite any of the above, we will be liable to you under any rights which you may have under the Competition and Consumer Act 2010 (Cth) and other legislation, for which we cannot exclude ourliability. Even so, where our liability in respect of such rightscan be limited, it is limited at our election to:

In the case of products, the replacement of the products or the supply of equivalent products; the repair of the products; the payment of the cost of replacing the products or acquiring equivalent products ; or the payment of the cost of having the products repaired; and

In the case of services, the supply of the services again orthe payment of the cost of having the services supplied again.

you indemnify us

You indemnify us (hold us harmless and agree to reimburse us) forany loss or damage that we suffer relating to the use of the vividwireless service by you. This indemnity does not apply to any loss or damage that we suffer as a result of any wilful misconduct or reckless act or omission by us. Your obligations under this indemnity will continue despite the termination of this Agreement, until all monies that you owe us have been paid in full.

assignment

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate.However, if assignment is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will notify you and give you the option to terminate the Services.

You may not transfer your service. You are free to transfer ownership of your home gateway, USB modem, ViViFi® Wi-Fi hotspot or other devices and equipment but if you do and you no longer wish to be responsible for payment, you must cancel your service and the new owner must enter into a new contract with us.

enforceability

If any term in this Agreement or a right of either of us under this Agreement is not enforceable in a certain State or Territorythat does not mean that:

That term or right is not enforceable in any other State or Territory of Australia; or

Any other term or right is not enforceable in that State or Territory of Australia or in any other State or Territory ofAustralia.

waiver

The only way in which we can be said to have given up any rights that we have under this Agreement is if we agree to do so in writing. Even if we give up one of our rights under this Agreement in a particular circumstance, that does not mean that we have generally relinquished that right. If we do not exercise a right, or are slow in doing so, that does not mean that we haverelinquished altogether that right.

variation

We may vary any term of this Agreement at any time in writing. Tothe extent required by the Act and any other applicable laws or determinations made by the ACMA, we will notify you of any such

variation up to 21 days prior to the change/variation taking place. The varied agreement will be posted on the web site, and supersedes all previously agreed to electronic and written terms and conditions.

International call rates can be varied at any time, without notice, in accordance with the relevant industry codes.

notices

Notices will be sent by email to the email address that you have nominated. You will be deemed to have received a notice at the time that the email is sent.

governing law & jurisdiction

The laws of New South Wales govern this Agreement.

Please contact our Sales and Service Centre on 1300 32 78 37 if you would like a copy of this Agreement in an alternative format,for example in a larger print size.

copyright

Copyright in all material on this site is owned by vividwireless.

trademarks

The trademarks, service marks and logos (the "Trademarks"), used and displayed on this web site are registered and unregistered Trademarks of vividwireless and others.

Nothing on this web site should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the web site without the written permission of the Trademark owner.

You may not use these or any other vividwireless trademarks or service marks without the written permission of vividwireless.

complaints

Our internal customer complaints procedure is designed to resolveyour complaint with minimal fuss and expense. Please read our Complaints Handling Policy.

If you wish to make a complaint you can contact us:

By PHONE on 1300 32 78 37; or By FAX on 1300 31 94 54; or In WRITING to us at Locked Bag 11, JOONDALUP, Western

Australia, 6027.

description of service features and charges

This part of this Agreement details the features of the Service and the Charges which apply to the use of the Service. THE CHARGES MAY CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

access charges

Access ChargesOur Service is a Voice Over Internet Protocol telephone service– which just means making phone calls over the Internet. Sign up toa vividwireless broadband data planand add on a phone plan to use thisService or sign up to one of our broadband & phone bundles.

You can use any standard telephone handset; this includes both cordless and corded telephones.  You don’t need to buy a new or special phone.

Our phone plans offer a standard incoming and outgoing call service.

vividwireless will invoice youfor your phone plan Service charge monthly in advance, just as we do for your data plan. Everything will be on the same bill.

Call charges will be invoiced monthly in arrears, so that your bill for any month will include access charges for thecoming month (for your phone plan and your data plan), and call charges for the precedingmonth.

You can find all of our monthly plan charges on our website and call charge details. Please read

the details of the charges before you sign up to a plan.

If you end the Service during a billing period, phone plan Service charges paid will not be refunded and you will be charged all call charges you have incurred.

Irrespective of when the call was made, the Standard Call rate remains constant – we don’t have peak or off-peak rates.

Call charges include GST and are rounded up to the nearest whole cent on individual calls.

You must comply with our phoneplan Fair Use Policy. 

phone plans

This part of this Agreement sets out the phone plans, including the broadband & phone bundle plans which are available under the Service.

Details of our Plans are also available here. We may change theseTerms or any information contained on our website, including prices, at any time. However, if a variation is likely to have a detrimental impact upon you, and that impact is more than a minorimpact, we will make reasonable efforts to notify you of the change, and we will give you the option to terminate the Serviceswithout paying any additional fee.  Your use of the Service, and in particular all untimed calls are subject to the Fair Use Policy.

All calls will be mapped to the prescribed terminating point by vividwireless’ underlying carriers. vividwireless bears no responsibility for the ways in which these carriers map and terminate these calls. All calls made will be mapped in a manner that would see the call terminate in an industry recognised zoning unit, however vividwireless does not guarantee that calls will be mapped according to your expectations. All costs passed on by our underlying carriers will be passed on to you. Although vividwireless will regularly review call mapping to ensure maximum accuracy, vividwireless does not guarantee that calls will be mapped according to your expectations.

For example, if you call a disputed international destination, the call will be routed to an industry recognised zoning unit, and this terminating point may not conform to your expectation.

For details on your selected plan, including call rates and otherdestination charges click on the relevant link below:

1. starter phone plan2. homeplus phone plan3. broadband and phone - $454. broadband and phone - $655. broadband and phone - $896. broadband and phone - $109

Calls made and received are not uploads and downloads contributing to your data plan. Calls may be viewed on your account approximately 36 hours after termination. Local calls arebased on the geographic local calling area of your vividwireless telephone number. Calls made to PSTN numbers outside your local calling area will be charged at standard vividwireless rates. Call costs to most Special Service numbers are not included in any of our phone plans. See the table below for descriptions and charges. Calls are charged in 60 second increments on all plans.

Calls, special and value added services

Connected calls with duration of 1 second or more will be chargedas set out below.

Types of call Chargesstandard Calls  Make calls from your home phone to, and receive calls from:  

Any mobile phone connected toany mobile telecommunicationsnetwork in Australia.

Charged per minute. Please refer to your plan for call charges. There is a minimum charge of 1 minute per timed call, thereafter calls will becharged in 60 second blocks.

Any fixed line phone connected to any fixed line telecommunications network inAustralia i.e. Local Calls, Australian Inter-capital, National.

Charges for Local and Nationalcalls within Australia depend on the phone plan or broadband& phone bundle the customer chooses.

Please refer to your plan for call charges.

other calls  

International calls

You will be charged the rates set out here. Calls to some countries are included in the monthly plan fee for some of the broadband & phone plan andhomeplus customers.

vividwireless to vividwireless Calls included at no extra charge.

Calls to access Special Services (e.g. directory assistance, 13 and19 numbers).

Connected calls with duration of 1 second or more will be charged at the rates set out for each of these types of calls.

Types of call Chargesinternational calls  Make calls from your home phone You will be charged for all

to, and receive calls from:

connected International calls you make which are 1 second ormore in duration. There is no charge for receiving these calls.

Any mobile phone connected toany mobile telecommunicationsnetwork overseas; and

Calls will be charged per minute at the rate for the destination you are calling.

Any fixed line phone connected to any fixed line telecommunications network overseas.

Charges for Local and Nationalcalls within Australia depend on the phone plan or broadband& phone bundle the customer chooses.

Please refer to your plan for call charges.

This service is automatically activated when you activate your starter phone plan, homeplus phoneplan or any of our broadband & phone bundle plans

 You can find our international call rates here

To place call restrictions againstthis service contact our Sales andService centre on 1300 32 78 37.

If only one call rate is shownfor a particular destination, then that rate will apply to calls to both mobile phones and fixed line numbers within that country.

 

Call charges include GST and are rounded up to the nearest whole cent on individual calls.

  Rates are subject to change without notice.

Types of call Chargesspecial services calls  

Calls to Special Numbers Rates vary by call type and destination.

Calls to most Special Service numbers are automatically activatedupon connection.

Rates vary by call type and destination.

1221 International faults & servicedifficulties Not available for use

1222 Call costs and enquiries (national & international) service Not available for use.

1225 International directory assistance $2.42 fixed fee per call.

1234 Sensis Not available for use.

1223 Local and National directory assistance

$0.73 fixed fee per call. (rate change to $0.83 effective 1 June, 2012)

125 xx, 125 xxx, 125 xxxx Operator service Not available for use.

012 and 013 Operator service Not available for use.124xx, 124 xxx, 124 xxxx Operator service Not available for use.

12711 Pre-selection verification service Not available for use.

13xx xxx xxx Local rate service $0.31 (GST inclusive) fixed fee per call.

13x xxx Local rate service $0.31 (GST inclusive) fixed fee per call.

1345 xxxx Local rate service Not available for use.

18xx xxx xxx Freephone service Free of vividwireless charges.

19xx xxx xxx Premium rate service Not available for use.019 Data Numbers Not available for use.

189 xx Calling Card service $0.11 (GST inclusive) fixed fee per call

FOR EMERGENCY NUMBERS SEE BELOW   

problem reporting  To report any difficulties or faults with your phone plan call our Sales and Service Centre on 1300 32 78 37.

Calls included at no extra charge.

calls to emergency services  By dialling triple zero from your home phone using your vividwireless phone plan Service you will be connected to emergency services.

You must notify us of your current street address, so that if you make an emergency call your correct address will be automatically identified from the number that you call from.

In the event of power failure or network outage, your service will not operate and you will not be able to contact 000.

vividwireless cannot guarantee that emergency services calls to 000 or international emergency numbers will alwayswork and for this reason we do not recommend that you disconnect your primary phone service.

Calls included at no extra charge.

Value Added Services Charges

voicemail  You can receive voice messages on your vividwireless service.

To retrieve your voice mail messages from alandline you will need to dial the voicemail number that corresponds with the city that you are currently in.

When a message has been left you will receive an electronic voicemail notification, which is sent to your registered e-mail address.

To retrieve messages, either dial to your

Calls included at no extra charge.

Retrieval of messagesusing another serviceprovider may incur costs from that service provider.

vividwireless Mail account or listen to thesound attachment on your V-mail.

Email messages can be delayed or unsuccessful.

Messages may automatically be deleted after3 months.When there are no new messages vividwireless Voicemail will take you directly to your old messages.

Value Added Services Charges (Unless otherwise specified)

caller number display (CND)  Identify an incoming caller by the phone number before you answer the call. If you do not wish to speak to a caller whose CND is not displayed, you may block your phone from these Anonymous callers.

When making a call, your phone number will be displayed to the person you are dialling, provided they have access to CND.  You may control the display of your phone number by blocking your number for all calls.

Calls included at no extra charge.

unlisted number  You are automatically unlisted in the whitepages directory.

Calls included at no extra charge.

call forwarding  This service diverts/forwards incoming calls to another phone number connected to any service provider.

View instructions for Call forward Unconditional, Call Forward Busy, Call Forward No Answer instructions

Standard vividwireless call rates apply.

call barring  

This service allows you to place a bar (call restrictions) on anonymous incoming calls. 

vividwireless may also initiate call barring for administration or account management purposes.

For call barring enquires contact our Salesand Service Centre on 1300 32 78 37.

There is no call barring charge.

partial barring  This service allows you to individually barincoming calls only for anonymous calls.

Use of this service may depend on your handset.

There is no call barring charge.

turbo dialling  

When making a call, you can speed up the time taken to dial a phone number.

Calls included at no extra charge.Connected calls will be charged in accordance with your chosen plan.

call return  

Call Return allows you to automatically dial the last caller’s number provide that their number has not been CLI blocked.

Calls included at no extra charge.

Connected calls will be charged in accordance with your chosen pricing plan.

speed dial  

Speed Dial allows you to store up to eight phone numbers for Speed Dialling at the press of two buttons. Make life easy by presetting emergency numbers and frequentlydialled numbers.

 Calls included at noextra charge.

*Connected calls willbe charged in accordance with your chosen pricing plan.

dictionary

You should be aware that some words have a special meaning in this Agreement. These words and their special meaning are set outbelow. When you see one of these words used in this Agreement, ithas the meaning as set out below.

Act refers to the Telecommunications Act 1997 (Cth)Charges the charges for the Service.Customer a person who is connected to the vividwireless network.

Consequential Loss includes:

* indirect loss and special damages;

loss of revenue; loss of profits; loss of business; loss of anticipated savings; loss of goodwill; loss of data; claims of third parties; and loss or costs associated with any of the above

Geographic Numbers The Numbering Plan 1997 sets the rules for useof numbers, which is administered by the Australian Communications and Media Authority. It states that geographic telephone numbers such as the type allocated for use with the vividwireless service may only be used from their allocated geographic area. For example, you are not permitted to take a Melbourne number and use it from Sydney.

High Usage refers to the maximum charges, as determined by us andnotified to you from time to time, that you may incur by using the Service between the times that we invoice you.

Free/Included Calls per Month refers to the specified amount of calls in your chosen Plan that are included as a free/included allowance.

IP Internet Protocol is the method that defines how data is sent and received from one computer to another on a network (includingthe Internet). Every computer on a network has at least one IP address which uniquely identifies a computer from all others. When data is sent or received, the message gets divided into packets. Each packet can travel by different routes but still arrive at the required destination. IP alone cannot guarantee delivery of packets, nor that they will arrive in the correct order that they were sent - this is where TCP (Transmission Control Protocol) comes into play.

Local Calling Area This refers to the local geographical area of the number supplied to a customer. Any calls made outside of thisarea are classified as national or international calls. Local calls are based on the geographic local calling area of your vividwireless telephone number.

Plan a call plan set out in Phone plans section of this Agreement, being the Plan which you selected at the point of saleor activation or the Plan which you subsequently changed to with our approval.

PSTN Public Switched Telephone Network.

Service Address The address where you are using your vividwireless service. This is the address that triple zero emergency services will respond to.Service Charge the fixed monthly usage charge for the service.

Standard Calls Voice calls described as "Standard Calls" in the Description of Service Features and Charges.

Usage means the measurement of time or data generated by your Internet Access.

Device credit offer terms and conditions

The following terms and conditions apply to the device credit offer:

The device credit offer is available from 8.00 am WST (11 amEDT) on 16/01/2012 and before midnight WST on 1/04/2012 (3 am EDT 2/04/2012) (Offer Period).

To qualify for the device credit, customers who purchased a device outright must sign up to an eligible 12 or 24 month fixed term data plan upon activation of their device or oncethey have used up their bonus data.

Customers who purchase their first new pre-paid data credit voucher online, recharge using an EPAY voucher or move to a month-to-month plan are ineligible for the device credit. Similarly,  no credit is payable if they purchase their first pre-paid data credit voucher or chose a month-to-monthplan, after using their bonus data.

Once a customer has signed up to an eligible 12 or 24 month fixed term plan and successfully qualified for the offer, the device credit equivalent to the RRP of their chosen device will automatically appear in their second month’s invoice.

The device credit is only able to be used once per device. There is a limit of one device credit per account. This device credit offer is available on the home gateway,

ViViFi® (C900W), ViViFi®(C600W) and USB modem Customers purchasing a home gateway and signing up to a 12 month contract will only  receive a partial credit. The device credit cannot be used in conjunction with the cash back offers. Customers who have claimed the cash back offer are ineligible for the device credit offer.

The credit cannot be transferred to other services or redeemed for cash.

Early Termination Fee (ETF) applies and the RRP of the device will still be used in the ETF calculation, regardlessof whether the device credit has been claimed.

The device credit will not be applied to services that have been terminated within the MBG period.

If the credit is greater than the total cost of the invoice the remainder of the credit will rollover each month until the entire credit is used.

Your bundle

Payment option

ViViFi C900W (with select 12 month plans) Broadband plan

unlimited - $79/mth

ViViFi Wi-Fi hotspot C900W

Free

Total Minimum Commitment $958.00 Minimum monthly cost $79.00 Delivery: $10.00

ViViFi Wi-Fi hotspot C900W

Smaller and more powerful with a longer battery life. 

$0 upfront with a 12-month plan, or $99 for ViViFi Wi-Fi hotspot C900W alone

Attach up to five Wi-Fi-enabled personal devices to your very ownmobile hotspot. This mobile broadband modem gives you internet access everywhere within the vividwireless coverage area – uni, café, park, mate’s place. Small enough to slip into a pocket, briefcase, backpack or handbag, with up to 7 hours’ battery life.

˜Internet access for up to five personal devices wherever you need it

Just carry it with you Simple set up

Amaysim:

Bring your number checklist

There are some things you need to have a think about before we transfer your mobile number.

Watch our How2: Transfer your number video

The transfer normally takes anywhere between 3 hours and 3 working days and only take place between 8am and 8pm, Monday to Friday and 10am to 6pm on Saturdays. So we recommend you don’t kick off the transfer on a Friday evening, because nothing will happen until 8am Monday.

Country Landline Mobile SMS /MMS

CountryCode

Malaysia 6¢ / min (was15¢)

6¢ / min (was15¢)

25¢ / 75¢ 60

The table below shows the estimated time it could take to transfer your number across to amaysim.

Provider Estimated Transfer Time

Telstra, Lyca Mobile, Kogan approx 1 hour

Vodafone, Crazy Johns, Go

Talk, Red Bull, Lebaraapprox 1 hour

Optus , Virgin Mobile,

Woolworths

 1-3 business days

Please remember these are just estimates and rely upon providing the correct information during sign-up. Any incorrect informationmay delay the process or cause your number transfer to fail.

If your current provider's contract hasn't finished, you'll need to wait for it to end or ask about terminating costs. 

Your current provider may have SIM-locked your handset (i.e. you can only use your handset on that network). If your handset is SIM locked, you'll need to ask your provider about unlocking it -there could be a charge. 

Don’t cancel your existing service until you transfer your number(your number will only be available for transfer if your service is active). 

If you’re on a Postpaid account with your current provider you will require your account number with them. 

If you’re on a Prepaid account with your current provider you will require your Date Of Birth as listed with them. Check ur name and dob correct or not! 

Transfers can be started by logging into My amaysim and clicking on the Start Number Transfer button. 

During the transfer you can still use your current provider's SIM. Once your old SIM card no longer works, it means your amaysim SIM is in the process of being activated. At times there may be a short period of service interruption, while we work to connect your number on our network. But rest assured your servicewill be active by 8pm on that day. 

If your number transfer does fail, check out our how to re-submityour number transfer page.

Perfect for occasional users

Buy SIM now Activate SIM

Perfect for all-rounders

Buy SIM now Activate SIM

Promo code: SAVE040

Perfect for chatterboxes

Buy SIM now Activate SIM

Cost per 30 days $0 $19.90 $39.90

Plan type Pay as you go $19.90 credit to use how you like Unlimited

Data5c /MBData Packs available

500MB (excess 5c/MB)Data Packs available

4GB (excess 5c/MB)Data Packs available

Standard calls(mobile & landline)

12c /min 9c /min (18c/2 mins) Unlimited

Standard SMS 12c /SMS 9c /SMS UnlimitedCalls to 13 & 18 numbers 29c /min 29c /min Unlimited

Voicemail 12c /min Unlimited Unlimitedamaysim-to-amaysimcalls & SMS

12c /min or /SMS Unlimited Unlimited

Flagfall 0c 0c 0cCredit duration 90 days 30 days 30 days

Auto-renewal No every 30 days every 30 days

Your mobile number is who you are – it’s been with you when timeshave been rough, delivered you awesome news, and it’s something you can recite in your sleep. It’s serious stuff, and saying good-bye to a mobile number can be pretty emotional. And since wewant you to be part of the amaysim crew as soon as possible, we’ve made it easy to transfer your old number to us.

To start with, you’ll need to clear a few things up with your current provider. You need to be 100% certain that the number is in your name and things like date of birth are correct (Have texton screen: 1. Number in your name, 2. Date of Birth correct) – that way, all your details will match up, and you’ll be allowed to transfer the number. You’ll also need to make sure your phone is unlocked (Add to text on screen: 3. Phone is unlocked), and it’s worth asking if there are any fees for transferring the number or ending your contract – you don’t want to start a transfer only to get slapped with an unexpected bill.

Whatever you do, don’t cancel your service – it needs to be active to make its way over to us.

If you had a post-paid service with your previous provider, you’ll also need your account number handy. Since we’re talking dollars and cents now, your credit won’t transfer from your previous provider to amaysim. That is a bit of a bummer, so make sure to use it all up before you make the switch. And please, forthe sake of everyone you know, back up your contacts before the transfer – you don’t want to be that person who sends out a Facebook invite asking people for their numbers… That’s way not cool.

If you’ve opted for any of our amaysim Unlimited, Flexi or Data Pack products, you’ll need to make an upfront payment. Once you get your SIM, everything else is super easy - just click on the ‘Start Number Transfer’ button in your My amaysim account and watch the magic happen! We can’t stop this process once it’s started, so you’ll need to be 100% ready before you get rolling.

It can take up to 3 business days to transfer your number… But it’s totally worth the wait! A life of cheap mobile phone plans

and awesome local customer service awaits you, so just be patientand have faith – it will work.

And you won’t be without connection for the entire time either - after starting the port, keep using your previous provider’s SIM card. At some point that will drop off their network, and you should be active with us by 8PM on the day that happens. There can be some downtime in between, but we’ll send you an email whenthe process is complete, or if we need any more info from you to make the switch.