WIRED SKY (ACN 112 012 825) PTY LTD – RENTAL TERMS AND CONDITIONS

Agreement for Rental

1.1 Terms defined in these Conditions and the accompanying Order Form shall be construed accordingly.

1.2 The terms set out in these Conditions and in the Rental agreement, Order Form or quote (together the "Agreement") shall apply to the rental of the Equipment by Wired Sky to the Customer to the exclusion of any other terms and conditions.

1.3 Reference to any statute includes any modification consolidation or re-enactment.

1.4 Any reference in the Order Form or these Conditions to “month” means a period of 28 days. Commencement of Rental

2.1 Wired Sky or its nominated partner will deliver/fulfill the Equipment at Wired Sky's risk to the Customer at the address shown on the Order Form or from the channel partners site..The Commencement Date (Start date) shall be as set out on the Order Form or quote and will be billed per calendar day regardless of start time.

2.2 Risk of damage to or loss of the Equipment, howsoever caused, shall pass to the Customer upon delivery or receipt of goods.

2.3 Wired Sky will use all reasonable endeavours to deliver the Equipment on the Commencement Date but it shall not incur any liability to the Customer in the event of any delay.

2.4 The Customer will accept the Equipment on the Commencement Date and if for any reason the Customer fails to accept the Equipment on that date the Customer shall nevertheless be liable for Wired Sky’s costs associated with the loss of rental, delivery and return costs unless the Customer's failure is due to the negligent act or omission of Wired Sky.

b) If the Rented Property is not returned to the Customer by the end of the Rental Period then a pro rata daily charge will be made (based on 7 days for a weekly agreement type and 28 days for a monthly agreement type) related to the original terms and conditions. Wired Sky reserves the right (at its discretion) to deem the rent to be extended until the Rented Property is returned and also to arrange for the recovery of the Rented Property at cost to the Customer.

Payment Terms.

Rental is payable in advance. Loss & Damage Waiver, delivery/pickup, installation, services, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. Payment is to be made on collection or delivery of the rented products for the 1st invoice associated with this agreement and within 14 days for any subsequent invoices. The Customer agrees to pay all invoices within the terms. Should the Customer fail to pay any invoice within the specified time then Wired Sky reserves the rights to:-

i) cancel the Rental Agreement without notice and recover the Rented Property at cost to the Customer.

ii) charge the Customer interest at a rate of 18% per annum (1.5% accumulated monthly) accumulated monthly and calculated from the date of invoice until paid in full.

iii) charge Customer for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.

iv) charge the Customer retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to the Wired Sky.

v) refer the customer to a credit reporting agency. Furthermore the Customer agrees to pay these charges and accepts these terms and to allow entry by Wired sky or their agents to the premises where the equipment is present should Wired Sky wish to recover the Rented Property.

3.1 The Call Data Charges and any other usage charges applicable to due to Wired Sky, as detailed on the attached quote or order form on the front of this page, (the "Charges") are payable;

3.1.1 at the end of the Rental Period;

3.1.2 when the amount of the Charges exceeds the Deposit held by Wired Sky.

3.1.3 in the case of Customers who pay by Credit Card every 14 days; and

3.1.4 in all other cases every 14 days or at the discretion of Wired Sky 3.2 Subject to clause 11.4, the Customer will be liable to pay the Charges from the Rental Start Date & time until: The Equipment is returned in accordance with these Conditions; or Wired Sky receives notification from the Customer that the Equipment is lost or stolen.

3.3 If data Charges are increased the Customer shall have the right to terminate the Agreement upon giving Wired Sky 48 hours notice but termination will not take effect until Wired Sky has received the Equipment from the Customer.

3.4 Wired Sky shall be entitled to charge the Customer interest at a rate of 18% per annum (1.5% accumulated monthly) accumulated monthly and calculated from the date of invoice until paid in full.

3.5 Charges exclude GST and any other applicable government taxes, duties, imposts or levies at the time of rental. Any new or revised government taxes, duties, imposts or levies during the term of the rental will be itemised on your bill. Deposit

4.1 When payment is to be made by credit card the Customer will pay the specified Deposit to Wired Sky and no Equipment will be dispatched until the Deposit is received. Wired Sky will hold the Deposit as security for the Equipment and Charges.

4.2 As a condition of the Rental, Wired Sky may at any time during the Rental Period require additional sums to be provided by the Customer as Deposit as security for the Equipment and Charges.

4.3 The Deposit shall be repaid to the Customer provided all the Equipment is returned to Wired Sky in the same state as when delivered, fair wear and tear excepted, and any outstanding charges are paid. Due to the billing variations of networks it is possible that Call/Data/Data Charges may not be included on invoices issued before the end of the Rental Period and subsequent invoices to cover such charges may be issued and will be payable by the Customer. The Customer authorises Wired Sky to continue holding the Deposit or a part of the Deposit until Wired Sky reasonably believes that all billing information has been received in relation to Call/Data/Data Charges. If late records of Call/Data/Data Charges are received by Wired Sky after the Deposit has been returned, then the Customer authorises Wired Sky to debit the amount of any further Charges from the Customer's credit card.

4.4 If the Equipment is not returned as stated or is damaged or any outstanding Charges are not paid then the Customer authorises Wired Sky to retain some or all of the Deposit without prejudice to any other right or remedy it may have against the Customer. Use of Equipment

5.1 The condition of the Rented Property is recorded on the Rental Agreement. The Customer will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by Wired Sky or its appointee and will be charged to the Customer. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof and Wired Sky’s Loss & Damage Waiver option has not been purchased or in the case that Wired Sky’s Loss & Damage Waiver option has been purchased and the circumstances surrounding the loss or theft is subsequently deemed by Wired Sky to be excluded, Wired Sky reserves the right to charge the Customer the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by customer which amount is in addition to the rental charges paid.

5.2 The Customer is not authorised to act as Wired Sky's agent and the Customer will, at all times, remain liable for any use of the Equipment by any third parties.

5.3 The Customer agrees that it will not sub-let or license to, or allow use of, the Equipment by any third party.

5.4 The Customer acknowledges and agrees that;

a) it is not entitled to continued use of the mobile or Data number or ISP account associated with any Equipment and that number will be recovered by Wired Sky at the end of the Rental Period and subsequently provided to another customer; and

b) the mobile or Data number or ISP account associated with the Equipment may have been used by another customer within a period of 6 months prior to the commencement of the Rental Period. Notification

6.1 If the Equipment is not in working order when delivered or subsequently breaks down the Customer will notify Wired Sky immediately.

6.2 Wired Sky will repair or replace the Equipment as soon as possible after the Customer notifies Wired Sky and will credit the Customer with the full cost of rental for the period from the date of notification in which the Customer is unable to use the Equipment as the result of the fault (provided the breakdown is not due to misuse by the Customer).

6.3 If Wired Sky finds that Equipment reported as faulty is in working order then the Customer will pay the full cost of rental and the cost of collection and delivery of the replacement Equipment.

6.4 The Customer must notify Wired Sky immediately if the Equipment is damaged, lost or stolen.

7. Insurance. The Customer will insure the Rental Property during the Rental Period or any extensions thereof, for all the eventualities pertaining to clause 5.1 of these conditions or will purchase Wired Sky Loss & Damage Waiver.

8. Loss & Damage Waiver. Wired Sky’s Loss & Damage Waiver policy covers accidental loss or damage as a result of physical and external means. This Loss & Damage Waiver policy is subject to:

a) The customer immediately notifying Wired Sky of any damage or loss. In the event of theft the police must be notified within 24 hours and a copy of the police report submitted to Wired Sky,

b) the Customer submits a written statement (“Loss & Damage Waiver Report”) detailing the loss or damage sustained, how it arose and what action was taken to minimise the loss or damage,

c) The Customer pays a processing fee ($800 for regular equipment, $1000 for portable equipment) when submitting the Loss & Damage Waiver Report. The customer accepts and agrees that the Loss and Damage Waiver Policy set out herein only covers losses detailed above and any other loss including but without limitation any personal injury or any consequential loss either directly or indirectly as a result of damage to or loss of the covered items shall be excluded and specifically agrees that the following exclusions to a successful claim on the Loss & Damage Waiver apply: a) Any Item being dropped overboard on inland or coastal waters, b) Theft without forced or violent entry, c) Theft by the Customer, its agents or employees or while not in their direct control, d) Misuse or abuse of item(s) e) Any acts of negligence, malice, lack of care or any deliberate act(s) causing loss or damage.

Liability

9.1 Despite any other provision in this clause, Wired Sky does not exclude or limit the application of any provision of any statute (including but not limited to the Trade Practices Act 1974 (Cth) and the Telecommunications Act 1997 (Cth)) where to do so would contravene that statute or cause any part of this clause to be void.

9.2 Except as provided in the next clause and any warranties or conditions the exclusion of which would be illegal or render this clause void, Wired Sky provides the Equipment to the Customer on an ‘as is’ basis and makes no warranties, either express or implied, in relation to the Equipment. Wired Sky excludes all warranties and conditions from this Agreement.

9.3 Wired Sky warrants that the Equipment will be in working order when it is delivered to the Customer but Wired Sky has no control over the operation of the Data network to which it is connected or the security of information transmitted on the Equipment and accordingly cannot be responsible for (and makes no warranties in relation to) the supply or any failures in supply of the Data network or any security breaches. Wired Sky and the carrier or supplier of network services will not be liable to the Customer (in contract, tort (including negligence) or otherwise) in relation to any service supplied to the Customer by Wired Sky, any delay in supplying service or any failure to supply service including but not limited to any network failure, network congestion or any call drop out.

9.4 Wired Sky excludes all:

a) tortious liability (including but not limited to, liability in negligence);

b) statutory liability;

c) conditions and warranties implied by custom, the general law or statute; and

d) liability for any economic loss (including, but not limited to, loss of business, revenue or profits) whether direct, consequential or indirect and any associated expenses and costs, arising out of or relating to the Equipment (and any associated telecommunications service) or the failure to supply or delay in supplying that Equipment or service or breach of any other provision of this Agreement.

9.5 To the extent that Wired Sky's liability is not excluded under this clause 8, Wired Sky's liability to the Customer for any breach of any provision of this Agreement is limited, at Wired Sky's option, to refunding the price of the Equipment or services in respect of which the breach occurred or to providing, replacing or repairing that Equipment or providing those services again.

9.6 Wired Sky shall not be liable to the Customer or any third party for any breach of its obligations under this Agreement, in tort or otherwise if such breach is caused by circumstances beyond its reasonable control and Customer wholly indemnifies Wired Sky against all losses, damages and claims that arise from Customer’s use of the Equipment. Ownership

10.1 The Equipment shall at all times remain the property of Wired Sky and the Customer shall have no rights to the Equipment except to use it in accordance with this Agreement. Information

11.1 For the purposes of Wired Sky applying its credit policy, and ongoing credit management of the Customer's account, Wired Sky may need to pass the following information to a credit reporting agency:

a) personal identifying details of the Customer, including name and current and previous addresses, date of birth, employer, and driver's licence number; that Wired Sky is a credit provider to the Customer and any credit limit on the Customer's account;

b) any payments which are overdue for at least sixty (60) days, when recovery steps have been taken by Wired Sky;

c) where an overdue payment has been previously reported, advice that payment is no longer overdue;

d) any payments including cheques, credit cards and direct debit which have been dishonoured;

e) court judgments or bankruptcy orders made against the Customer;

f) that, in the opinion of Wired Sky, the Customer has committed a serious credit infringement; and

g) when Wired Sky ceases providing service to the Customer.

11.2 The Customer authorises Wired Sky to seek from, or give to: a) other credit providers; or b) other carriers or carriage service providers; and c) Wired Sky's agents, dealers, contractors and franchisees, information about credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988.

11.3 Wired Sky may: a) refuse an application for; b) monitor the usage of; c) restrict access to; or d) cancel, the rental on the basis of its assessment of credit information relating to the Customer.

11.4 The Customer authorises Wired Sky to share information obtained in connection with the rental with any Related Corporation or Wired Sky's agents, dealers, contractors and franchisees. Termination

12.1 Unless otherwise agreed with Wired Sky, the Customer shall return the Equipment at the end of the Rental Period to Wired Sky in accordance with the Order Form or quote or rental contract and any return details received with the Equipment in good working order and in the same condition as when it was delivered to the Customer.

12.2 If the Customer commits a material breach of these Conditions, such as, but not limited to using the Equipment in an improper manner and in contravention of the instructions, then Wired Sky may require the return of the Equipment without being obliged to repay any portion of the Rental Charges.

12.3 Under no circumstances shall the Customer retain the Equipment under this Agreement for longer than the Rental Period without agreeing an extension of that period with Wired Sky.

11.4 Subject to clause 7, the Customer shall pay the manufacturer's full retail price to Wired Sky for any Equipment that is damaged or not returned at the end of the Rental Period. Law and Jurisdiction

13.1 This agreement shall be governed by the courts of NSW. The Courts of New South Wales shall have the non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with this Agreement. General

13.2 No waiver by Wired Sky of any breach of this Agreement between Wired Sky and the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.

Wired Sky Acceptable Use Policy-wireless internet equipment

14. Introduction

14.1 If you have an agreement with Wired Sky for an internet capable service ("Service") that includes or incorporates this Acceptable Use Policy ("AUP"), you must comply with this AUP when you use that Service.

14.2 A reference to "you" in this AUP includes a reference to your officers, employees, contractors, agents and anyone else (other than Wired Sky or its representatives) who uses the Service.

14.3 What you cannot use the Service for

14.4 You must not use the Service, attempt to use the Service or allow the Service to be used in any way: Breach of law (a) which results in you or Wired Sky breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with; Damage to property or people (b) which results, or could result, in damage to property or injury to any person; (c) to harass, menace or stalk people; Protection of minors (d) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you; Discrimination (e) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality; Obscene, defamatory, offensive, abusive (f) to send, display, access, make available, publish, distribute or be otherwise involved in material which is obscene, defamatory or is, or would be regarded by Wired Sky, acting reasonably, as, in all the circumstances, offensive; (g) which is, or which would be considered by a reasonable person to be, offensive or abusive; Illegal business practices and gambling (h) to engage in any misleading or deceptive business or marketing practice; (i) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities; The rights of others (j) which infringes Wired Sky's or any other person's rights (including intellectual property rights and moral rights); (k) which constitutes a misuse of Wired Sky's or any other person's confidential information; or (l) which results in a breach by you of any obligation that you owe to any person.

15 What you cannot use the service to do

15.1 You are not authorised to access Wired Sky's computer systems or networks for any purpose other than to use the Service in accordance with this AUP and your agreement with Wired Sky for supply of the Service.

16.1 You must not: Interfering with services and systems (a) interfere with the proper operation of the Service or any other part of Wired Sky's network or systems; Newsgroups, forums and chatrooms (b) use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.

16.2 You must not use the Service, attempt to use the Service or allow the Service to be used: SPAM and USENET SPAM (a) to send, cause the sending of or otherwise be involved in the sending of, SPAM or USENET SPAM; SPAM means (i) unsolicited commercial electronic messages as defined in the Spam Act 2003 (Cth) sent in breach of the Spam Act; or (ii) Bulk electronic messages of any kind (including email, fax, SMS and ICQ messages). A bulk electronic message is when you send over 20 electronic messages or an electronic message to over 20 recipients during a period of 10 consecutive minutes. USENET SPAM means Excessive electronic Newsgroup messages. Excessive means posting the same or substantially the same message ("Message") to one or more Newsgroups resulting in a Breidbart Index of 20 or more. A Breidbart Index is calculated by multiplying the number of Messages by the square root of the number of Newsgroups that they are posted to over a consecutive 45 day period.1 Virus, denial of service attacks (b) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is Wired Sky's or anyone else's); Open relay and port probing (c) to access or use Wired Sky's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data; Spoofing (d) to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; or Usage limits (e) to manipulate or bypass Wired Sky's content usage limits by any means including connecting multiple modems to the Service.

17. Other obligations related to SPAM and USENET SPAM

17.1 You must not benefit from SPAM or USENET SPAM (which includes causing or requesting any of your details to appear in SPAM or USENET SPAM and/or receiving responses to SPAM or USENET SPAM).

17.2 You must not purchase, create, use, distribute, sell or otherwise be involved in software, services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of, SPAM or USENET SPAM.

17.3 If you send Bulk solicited electronic messages, then: (a) you must include in each message, an email address, telephone number, facsimile number or mailing address that can be used to notify you that the recipient no longer wishes to receive such messages from you ("Opt Out Notice"); and (b) if you are sent an Opt Out Notice, then you must immediately comply with the notice.

18 Email messages

18.1 You will not send any electronic mail message via SMTP that is sent using a server other than the Wired Sky/iBurst SMTP server, unless we otherwise agree with you. Please note this does not restrict your use of email services accessed solely via a web browser such as Hotmail.

18.2 We will delete any electronic mail message in your Wired Sky email account where the message has been stored in the Deleted or Spam folders 7 days after the message becomes available to you.

18.3 If we delete any electronic mail messages in your Wired Sky email account under the terms of this agreement we are not required to notify you or the sender of the mail message(s).

18.4 If your Service is cancelled, we may delete any stored or received emails in your Wired Sky email account after 30 days.