1. Nature of Service

1.1. ADSL is a specialised Internet access service which allows Internet access at higher speeds than those available through an analogue telephone line and modem. The Client acknowledges that ADSL is not compatible with all standard telephone lines and that the suitability of the Service for the Client will depend on the Client's location, the facilities of the Client's local telephone exchange, and the compatibility of equipment owned by the Client with the Company's network.

1.2. Bandwidth limits specified in the relevant Access Plan selected by the Client refer to the amount of data received by the Client from the Internet through the Service subject to clause 1.3 below.

1.3. The Client will not be charged for data sent to or from the 3FL games servers, other ADSL customers of the Company that are connecting to an ADSL service within the same state, or networks peering at the Western Australian Internet Exchange (WAIX) or PIPE Networks peering point within the Client's home state. The Client acknowledges that the networks peering at WAIX and PIPE may change from time to time, and that the Company accepts no responsibility for data charges incurred by the Client for data exchanged with networks that the Client mistakenly believed were peering at WAIX or PIPE.

1.4. The Company does not guarantee the availability of the Service to the Client. Following the Client's entry into this Agreement, the Company will investigate the availability of the Service to the Client. If any cost is to be incurred by the Company in making this investigation, the Company may charge that cost to the Client if the Company notifies the Client of the cost, and the two parties agree upon that cost, prior to the investigation.

1.5. If the company determines that the Service cannot be provided to the Client, this Agreement will terminate and neither party shall have any liability to the other except that the Company will refund to the Client any fees paid by the client for the Service in advance. This refers to the initial connection of the service only.

1.6. Charges will commence to accrue under the Access Plan selected by the Client from the earlier of the date that the Service is installed by the Company or the date on which the Client first uses the Service.

2. Service Levels

2.1. The connection speeds specified in the relevant Access Plan selected by the Client represent the maximum speed of the physical connection from the Company to the Client, and from the Client to the Company respectively. The Company does not guarantee that the Service will achieve these theoretical maximum speeds, as actual transfer speeds are dependent on factors outside the Company's control.

2.2. The Client acknowledges that although the Company endeavours to maintain the general accessibility of the Service, the continued availability of the Service is not guaranteed. The Client acknowledges that the Service may become temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services, or other causes.

2.3. In the event that the Service becomes unavailable for a continuous period of two hours, the Company will provide the Client with access to its analogue modem dialup Internet service for use during the period of unavailability.

2.4. Usage of that replacement service will be included in the applicable monthly bandwidth limit for the Service and will be charged on the basis set out in clause 1.2 above.

3. Installation

3.1. If the Company has determined that the Service is available to the Client and the Client has paid the connection fee specified in the relevant Access Plan selected by the Client, the Company will arrange a projected date with the Client for the installation of the Service ("Installation Date"), normally within 10 days. The Company may reschedule the Installation Date at any time for any reason but will contact the Client to confirm suitability of any rescheduled date.

3.2. The Company agrees to install any telecommunications facilities that may be required for the Client to utilise the Service at the Client's premises. If physical attendance at the Client's premises is required or requested, the Company may levy an additional fee to the Client for doing so, which fee is to be agreed upon between the Company and the Client in advance.

3.3. If the Company is required to provide maintenance or reinstallation services to the Client in relation to the Services following the Installation Date, the Client will assume liability to pay for those services unless the maintenance or reinstallation is required due to an act or omission of the Company without fault of the Client.

3.4. The Company will not be responsible for configuring the Client's Modem or installing any software on the Client's Computer to enable the Client to access the Service. (Note: the terms "Client's Modem" and "Client's Computer" are defined below.) The Client acknowledges that difficulties may arise in the configuration of the Client's Modem and the Client's Computer for use with the Service that are beyond the Company's control.

4. Requirements of Service

4.1. It is the responsibility of the Client to arrange the following, at the Client's own expense, prior to the Installation Date:

To have a standard telephone line already connected and in service (this telephone line may be in use for an existing telephone service);

To have a standard power point in proximity to the telephone line outlet;

To purchase from the Company or a third party a suitable router or modem for use with the Service, as specified by the Company as being compatible with its network ("the Client's Modem");

To have a suitable computer available for the router or modem to be connected to, meeting the specifications set by the Company ("the Client's Computer");

If required by the Company, to provide the Company with safe and legal access to the Client's premises for the installation of the Service; and

If required by the Company, to have arranged for the attendance of an Austel-registered telecommunications contractor on the Installation Date.

4.2. Details of the current specifications required of the Client's Modem and the Client's Computer are set out on the Company's Website and the Client acknowledges having read and agreed to those specifications as existing at the date of this agreement.

4.3. The Client agrees not to connect to the Service any equipment that does not meet the Company's specifications. The Company makes no representations, warranties or assurances that the Client's equipment will be compatible with the Service.

5. Client's Acknowledgements

5.1. The Client agrees that it is, or is the authorised agent of, the legal lessee of the standard telephone line which is to be used to carry the Service, and acknowledges that some disruption to the standard telephone service carried by that line may occur during installation of the Service.

5.2. The Client acknowledges that the disconnection of the standard telephone line that also carries the ADSL Service may cause the Service to be terminated, and that in that event, the Client will be liable to pay for the reinstallation of the Service if required.

5.3. The Client acknowledges that it has obtained any necessary consents to the installation of the Service, including without limitation the consent of the legal lessee of the telephone line (if not the Client), and the consent of any owner, landlord or licensor of the premises in which the Service is to be installed, to the carrying out of any work associated with the installation of the Service.

5.4. The Client acknowledges that the installation at the Client's premises of a security-monitoring service such as Telstra Securitel may cause temporary disruption to the Service and/or to the standard telephone service carried by the line used for carriage of the Service, and that the installation of the Service may cause similar disruption to any existing security-monitoring service.

5.5. The Client acknowledges that the Service may be incompatible with certain telecommunications products and services, and that the Client will be precluded from using such products and services on or in conjunction with the telephone line which is to be used to carry the Service.

5.6. The Client acknowledges that it will direct all service and support queries to the Company. The Company will pass on, at cost, any fees charged by third-party entities contacted directly by the Client.

6. Transfers and Cancellations

6.1. The Client may not transfer the Service to another person without the Company's written consent.

6.2. The Client may not resell the Service or otherwise use the Service in competition with the Company.

6.3. The Client may cancel the Service on 7 days notice to the Company. The Client will remain liable to the Company for any charges incurred during that 7-day period, as well as for any charges previously incurred and unpaid.

6.4. If the Client originally connected on either $99 or $35 connection fee and cancels their ADSL service within the first 6 months of connection with the Company, the Client will incur a $55 early cancellation fee. The early cancellation fee of $55 also applies in the following scenarios; a. If the ADSL service was transferred to Westnet using the ADSL Transfer Process and subsequently cancelled within the 6-month period from the date of transfer. b. If the customer is moving premises or changes the telephone line of the service within the first 6 months. Please note that a new connection fee will also apply in this case.

6.5 If the Client originally connected a new ADSL service with the $0 connection fee (excluding ADSL customers connected using Fast ADSL Transfer process) and cancel/move/transfer within the first 6 months, he/she will incur a fee of $115. A fee of $60 applies if the service is cancelled/moved/transferred in 7 to 12 months; $40 if cancelled/moved/transferred in 13 to 24 months.

6.6. If the Client has connected using Fast ADSL Transfer process and has entered into a 12 month Service Contract with the Company and cancels prior to the conclusion of the contract term a cancellation fee will apply. Because the 12 month Service Contract is specific to the line that has been provisioned in the case of relocation of an ADSL service to a new line a cancellation fee will also apply, as well as a new connection fee on the new line. The following cancellation fees are applicable to Fast ADSL Transfer contract customers; a. If the contract is cancelled within the first 6 months a cancellation fee of $105 will apply. b. If the contract is cancelled after the first 6 months a cancellation fee of $50 will apply.

6.7. The Company may terminate the Service on 14 days' notice to the Client, in which case the Company will refund to the Client, on a pro-rata basis if necessary, any fees already paid by the Client for the provision of the Service following the end of that 14-day period.

6.8. An ADSL bridged service cannot be transferred to another ISP using the "Fast Transfer Process".

6.9. Any change to the line programming of an ADSL Bridged connection (including changes to IP addresses, line speed or connection type) will incur a $99.00 fee.