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1. Document
This document contains the terms upon which mobile broadband service is provided to you and forms part of our customer contract with you. These service terms must be read in conjunction with our standard terms and conditions, which are available at http://bkb.net.au/about/policies/

2. Provisioning of New Services
2.1. If we accept your application for a mobile broadband service and enable it and the service does not work at all, only then may you terminate your customer contract with us, provided you:
(a) have carried out a service availability check using the tool provided by our wholesale carrier prior to subscribing to the service, which check showed that the mobile broadband coverage was available to you at the location you nominated in your application;
(b) immediately return any designated equipment (in original condition as received from us) which you have not paid us for (in full);
(c) notify us in writing that the service does not work, within 7 days of it being enabled; and
(d) pay any third party fees (including fees payable to our wholesale supplier) that we incur in terminating the customer contract for the service.
2.2. We may give you an indicative date for service commencement, but we are not bound to provide the service by that date.
2.3. We are not obligated to provide a service to you where our wholesale carrier advises us that the service is not available at a particular location, even though we may have advised you that it was.

3. Use of Equipment
3.1 You must not:
(a) use anything other than designated equipment to use the service;
(b) operate equipment which interferes with or is likely to interfere with the designated equipment;
(c) modify the designated equipment; or
(d) allow another person to use the designated equipment to access the service.

4. Security and Data Use
4.1. You must take reasonable steps to implement security measures on your computer such as the installation and maintenance of updated firewalls and anti-virus software.
4.2. You are solely responsible for implementing security and antivirus measures on your computer.
4.3. All monthly ‘included data’ or data allowance with this service is the aggregate of uploads and downloads.
4.4. If the aggregate of monthly uploads and downloads exceeds the included data or data allowance, excess charges are payable in accordance with our price list.
4.5. You are able to obtain an approximate indication of your usage via the software included with your designated hardware and an accurate indication via the on-line usage feature in our customer portal or by contacting customer service on 1300 252 638. Any unused data allowance cannot be rolled over to a subsequent billing month.

5. Acknowledgements
5.1 You acknowledge that:
(a) due to the nature of wireless broadband, signal strength may vary within a coverage area and service availability may not be continuous;
(b) the service might not work, or might not work as intended, if non-approved equipment is used;
(c) wireless broadband is subject to additional risks such as unauthorised use and security breaches;
(d) speed and response times of the service may vary, depending on many factors affecting speeds such as: Internet traffic, your equipment, location, software and the source of your download;
(e) the coverage area is only to be used as a guide, as various factors may interfere, slow data transfer or prevent use of the service in the coverage area, including inclement weather or obstacles;
(f) the service may only be used on a data plan;
(g) data usage on the service will be counted in kilobytes, where 1024kB = 1MB and includes both uploads and downloads;
(h) you must meet the minimum system requirements as per the designated hardware device packaging to connect to the service; and
(i) nominal upload and download speeds are theoretical maximum only, and may not be achievable in practice (limitations due to constraints in your particular circumstances at your service location are not a defect in service).

6. Service limitations
6.1. You acknowledge that we may:
(a) limit the performance of the service from time to time;
(b) suspend or interrupt the service to troubleshoot, maintain or upgrade it;
(c) impose a speed limit on the service when you reach a download limit, maximum usage allowance, at different times of the day, or where you breach our AUP; or
(d) alter the IP address of your service, unless your customer contract says otherwise.
6.2 The supplied service and equipment must not be used to access other services such as voice calls, international voice calls, voicemail, SMS, international SMS, premium and 3rd-party SMS, MMS, international MMS, or premium services such as 1900 and access to such functions may be disabled. If you are able to access such services, your use of such services will be charged at prevailing retail rates.

7. Customer Promises and Warranties
7.1. You must ensure that all information retrieved, stored and transmitted through the service is lawful, complies with our AUP and is not detrimental to our network.
7.2. You warrant that only people under your control will use the service.
7.3 You will only make or receive calls or send or receive content using the service for your own personal or business use. You warrant that you are not a Carrier or Carriage Service Provider (as those terms are defined in the Telecommunications Act 1997 (Cth)).
7.4 You will not resell or resupply the service to any other person, or use it for transit or refile purposes, or aggregate domestic or international traffic on our wholesale carrier’s network or any other carrier’s network.
7.5 You will not use the service, or any SIM card supplied in connection with the service, in connection with a device that switches or reroutes calls to or from our wholesale carrier’s  network or any other carrier’s network.
7.6 You consent to:
(a) us disclosing to our wholesale carrier (or its related bodies corporate) details including personal particulars, any listed or unlisted telephone number, address, account history, and details of the service supplied to you;
(b) our wholesale carrier using information referred to in paragraph 7.6(a) in order to facilitate the supply of carriage services to you by our wholesale carrier and for marketing purposes; and
(c) receive offers and information from our wholesale carrier via electronic messaging (such as SMS).

8. Wholesale Carrier Terms and Termination
8.1. We acquire this service from a wholesale carrier.
8.2. If our wholesale carrier ceases to provide the service, we may terminate your customer contract for these services, on notice to you.
8.3. We will endeavour to provide you with at least 14 days notice of termination pursuant to clause 8.2, where practicable.
8.4. If you engage in conduct in breach of clauses 7.3, 7.4 or 7.5 of these service terms, or conduct that is contrary to the Optus Mobile Fair Go Policy (which is available at www.optus.com.au), then:
(a) the service may be suspended or cancelled either by us or by our wholesale carrier; and
(b) we may terminate your customer contract immediately on notice to you.
8.5 Despite anything to the contrary, we are not liable for any loss or damage which arises from termination of a customer contract under this clause 8.
8.6 Our wholesale carrier shall not be liable to you, whether in contract, tort (including negligence) or otherwise, in relation to the service or any delay or failure to provide the service.
8.7 If you become a Carrier or Carriage Service Provider (as those terms are defined in the Telecommunications Act 1997 (Cth)), then either we or our wholesale carrier may immediately cancel the service by notice to you, in which event either we or our wholesale carrier (as the case may be) will negotiate with you in good faith to enter into an agreement for supply of the service to you on terms to be agreed.

9. Service Definition and Equipment
9.1. The network for the mobile broadband service refers to our wholesale carrier’s 3G 2100/900 MHz network. To access the network you will require designated equipment.
9.2 Subject to your rights under the Trade Practices Act 1974 (Cth), we do not make any warranty regarding the software or data provided to you as it operates on your computer and interacts with your other applications.
9.3 We will provide you with a 3G SIM Card (“SIM”) as part of the service.
9.4 The SIM might not operate on hardware which is not approved by us, in which case such non-operation shall be deemed not to be a defect in service.
9.5 If the SIM is lost or stolen, then you will remain liable for all charges incurred in relation to the service until such time as you notify us that the SIM has been lost or stolen.
9.6 If the SIM is lost, stolen, or damaged through no fault of ours, then you must pay us a SIM replacement fee, calculated in accordance with our Price List.

10. Assignment and Novation
10.1 We may assign or novate all or part of our rights and obligations under the customer contract to our wholesale carrier, without your consent.
10.2 You cannot assign or novate all or part of your rights and obligations under the customer contract, except that you agree to novate the customer contract to our wholesale carrier on receipt of notice to do so either from us or from our wholesale carrier, on terms that are no less favourable than the terms of the customer contract in force immediately prior to that novation.
10.3 If arrangements between us and our wholesale carrier are terminated, then our wholesale carrier might arrange to supply the service to you directly. In the event that your rights and obligations under the customer contract are novated to our wholesale carrier, so that our wholesale carrier provides the service directly to you, you acknowledge that the applicable rate plan for the service may be changed to our wholesale carrier’s nearest applicable rate plan.

11. Dictionary
11.1. In these service terms, unless the context indicates otherwise:
The expression                     Means
coverage area                       The area identified in coverage maps in which our wholesale supplier designates the service should operate; full coverage information can be obtained from http://www2.optus.com.au/
designated equipment            Hardware which is required to use the service, and which is approved and provided by us; currently only USB dongles with associated SIM are supported and must be used in conjunction with each other to access the service
wholesale carrier                   Optus Networks Pty Limited (ABN 92 008 570 330)