Critical Information Summary

Monthly charge $59
Monthly data quota Unlimited
No contract setup fee $0
No contract minimum cost $290
Modem and install recovery cost same as above

There is no contract for this plan, however recovery of modem and install is cost is $290 if 12 months is not reached.

Service Description
RAPID-NET residential service uses DGtek infrastructure to provide a Fibre to the Premises (FTTP) broadband internet connection to your home.

Service Availability
RAPID-NET’S residential service is available in selected coverage areas and is subject to infrastructure availability at the customer’s premises. If the premises is within our coverage area but the building has not been connected to DGtek’s network we will endeavour to negotiate a connection with the property owner or owners corporation. If the connection is to a free standing private dwelling then a site survey will be required and additional connection cost may apply.

Equipment Required
If you do not already have the required DGtek infrastructure installed at your premises, DGtek will need to connect to and install equipment inside and outside of your premises. You or an authorised person over the age of 18 will be required to be home on the day of installation for a technician visit. This equipment remains the property of DGtek and fees apply if this equipment is removed or damaged. You will be supplied with a suitable modem/router upon connection. You may bring your own however we may not be able to provide technical support.

Inclusions and Exclusions
Voice services Rapid-Net’s service does not include access to a voice service. If you require access to a voice service we have a number of partners who we can refer you to.

Non-commercial purposes
The service is for residential consumers and used for personal or domestic purposes only.

Fair Use
You may not use your services in an unreasonable or fraudulent manner or in a way that detrimentally interferes with the integrity of the network. We may act if you breach this including suspending or cancelling your service.

Customer Support
Our Australian-based accounts and support team are available 9am-5pm business days on 1300 744 742 and/or info@rapid-net.com.au

Complaints
If you aren’t happy with our service and wish to make a complaint, visit the website or email complaints@rapid-net.com.au If the issue is unresolved, you can contact the Telecommunications Industry Ombudsman by phone on 1800 062 058 or visit tio.com.au/about-us/contact-us if you’d like an independent investigation. This CIS is a summary only. Please contact RAPID-NET for further information or download our full Terms and Conditions. As available on the website.

Master Services Agreement

1. INTRODUCTION

1.1 What are the terms that apply to your Service?

Under telecommunications laws, Rapid Net Pty Ltd, can set out our standard service terms in a “Standard Form of Agreement”. This is our “Standard Form of Agreement” and pursuant to section 479 of the Telecommunications Act applies to any telecommunications service you apply for or obtain from us. You and Rapid Net Pty Ltd must comply with our Standard Form of Agreement unless you and RAPID NET PTY LTD have agreed differently.

1.2 Terms applying to your Service

The terms applying to your Service with us comprise:

Your Service Order;
these General Terms;
the Fair Use Policy; and
the Pricing

1.3 Order of Precedence

Unless expressly stated otherwise, the order of precedence between the various terms will be resolved in favour of the document appearing earlier in the list stated in clause 1.2 above, except where otherwise expressly stated.

1.4 Customer Assistance

If you require any assistance or further information, please contact us on 1300 744742 (Monday to Friday, 9am to 5pm AEST). Ifyou have a hearing or speech impairment you may wish to contact the National Relay Service (NRS) on 133 677 from anywhere in Australia. For language assistance, contact the Translating & Interpreting Service (TIS) on 131 450 from anywhere inAustralia.

2. DEFINITIONS AND INTERPRETATIONS

2.1 Definitions

The following definitions apply unless the context requires otherwise:

ACMA means the Australian Communications and Media Authority (www.acma.gov.au);

Approved Purposes means:

providing operator services or operator assistance services;
publishing and maintaining public number directories;
providing location dependent carriage services;
the operation of emergency call services or assisting emergency services under Part 8 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth);
assisting enforcement agencies or safeguarding national security under the Telecommunications Act, the Telecommunications(Interception and Access) Act 1979 (Cth) or any other applicable legal requirement;
verifying the accuracy of information provided by the data provider and held in the Integrated Public Number Database(IPND) against the information the data provider holds;
undertaking research of a kind specified in the Telecommunications IPND – Permitted Research Purposes Instrument2007;
assisting the ACMA, or its nominee, to verify the accuracy and completeness of information held in the IPND;
meeting our obligations to any Government Agency (for example, the Australian Tax Office) or other law enforcement bodies;and
any other purposes where permitted by the Telecommunications Act and any other applicable laws;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Business Hours means 9am to 5pm Monday to Friday (AEST), excluding days which are public holidays in the place where theServices are to be provided;

Claim includes any debt, cause of action, liability, claim, proceeding, suit or demand of any nature however arising under or in connection with your Service or its subject matter and whether present or future, fixed or unascertained, actual or contingent, arising under contract (including under any indemnity), tort (including negligence), under statute or otherwise;

Consequential Loss means loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any increased operating costs suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute,any other form of consequential, special, indirect, punitive or exemplary loss or damages and any third party loss;

Consumer Guarantee means a guarantee referred to in clause 12.3, as more fully described in the Australian Consumer Law;

CSG has the meaning given in clause 12.2;

Customer Equipment means any equipment or facility in your ownership;

DGtek means DGtek Pty Ltd ACN 600 896 115 of 15/105 Cochranes Rd, Moorabbin VIC 3189;

Due Date unless otherwise agreed, means the date specified on an invoice as the due date;

Early Termination Fee means the fee payable (if any) in accordance with clause 4.9, calculated in accordance with your ServiceOrder, and the Pricing Schedule;

Equipment unless otherwise specified, means Purchased Equipment;

Facility or Facilities has the meaning given in the Telecommunications Act;

Fee(s) means a fee payable for a Service as set out in the Pricing Schedule in accordance with the Terms;

Fixed Term has the meaning given in clause 3.8;

Force Majeure Event means an event that is beyond our reasonable control, including acts of God or natural disasters, fire, lightning, explosions, flood, subsidence, insurrection, civil disorder or military operations, war, terrorism, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, strikes, lockouts or other industrial disputes of any kind, or an act or omission of any Government Agency or an act or omission of any third party (including any Third Party Supplier) where the act or omission is caused by an event or circumstance outside that third party’s reasonable control (includingany of the things mentioned in this definition);

Government Agency means any Commonwealth, State or local or foreign government, government authority or semi-government authority (including a judicial body) that has legal power to require another person to act or not act in a particular wayor to authorise a particular act, including a minister responsible for administering Part XIB or XIC of the Competition and Consumer Act 2010 (Cth), the Telecommunications Act, the ACMA or the Australian Competition and Consumer Commission;

GST has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Interest means interest at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) plus 2% calculated daily and compounded monthly;

Internet means the world-wide connection of computer networks which provides a number of services to users, including the transmission of electronic mail, provision of information on the world wide web and transfer of files;

Interruption means a delay in supplying, a failure to supply or an error or defect in the supply of, a Service;

Law means Commonwealth, State, or local legislation, judicial, administrative, or regulatory decrees, judgments, awards ororders, binding industry codes and all common laws and equity;

Our Network means the infrastructure used and/or maintained by us or our Third Party Suppliers to provide you with yourService. Our Network does not include the computer networks that make up the Internet;

Personal Information means any information or document referred to in section 276(1) of the Telecommunications Act and anypersonal information within the meaning given in section 6 of the Privacy Act;

RAPID NET PTY LTD , our or us means ABN 65 642, trading as , of 103-104/15 Corporate Drive, Heatherton, 3202 VIC;

Pricing Schedule means our document which sets out the Fees for the Services;

Privacy Act means the Privacy Act 1988 (Cth);

Purchased Equipment has the meaning given in clause 10;

Service means the service requested by you in your Service Order and as described in it and any other documents forming theTerms, including any related goods and ancillary services provided to you by us in connection with that service;

Service Equipment has the meaning given in clause 9;

Service Order means a Service Order made by you for the provision of Services by us, made by way of a form approved by us;

Taxable Supply has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Telecommunications Act means the Telecommunications Act 1997 (Cth);

Terms means these terms on which RAPID NET PTY LTD will supply the Service you;

Third Party Supplier means a third party supplier from whom RAPID NET PTY LTD acquire wholesale services that form all or part ofthe Service RAPID NET PTY LTD provide to you;

you or your means the current account holder for the Service.

2.2 Interpretation

In the Terms unless the contrary intention appears:

a reference to a person includes a reference to a corporation, an association, joint venture, an unincorporated body,partnership, government or local authority or agency or other entity;
a reference to a document or instrument includes the document or instrument as novated, altered, supplemented orreplaced from time to time;
the singular includes the plural and vice versa;
a reference to any gender includes a reference to all other genders;
a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
where an expression is defined, another part of speech or grammatical form of that expression has a correspondingmeaning;
an agreement, representation or warranty made in favour of two or more persons is made for the benefit of them jointly andfor each of them severally;
a reference to a recital, clause, paragraph, schedule or annexure is to a recital, clause or paragraph of, or schedule orannexure to, these General Terms, and a reference to these General Terms includes any schedule or annexure;
a reference to dollars and $ is to Australian currency;
headings are inserted for convenience only and do not affect the interpretation of the Terms; and
specifying anything in the Terms after the words ‘including’, ‘includes’ or ‘for example’ or similar expressions does notlimit what else is included unless there is express wording to the

3. PROVISION OF THE SERVICE

3.1 Service Description

In the majority of cases, Rapid Net Pty Ltd residential service uses DGtek infrastructure to provide a fibre to the premises (‘FTTP’) broadband internet connection to your home. In some buildings, the service may use fixed wireless to the building to deliver internet connectivity. Plans are in place to migrate these buildings to a DGtek FTTP connection as soon as possible.

3.2 Equipment Required

If you do not already have the required DGtek infrastructure installed at your premises, DGtek will need to connect to and install equipment inside and outside of your premises. You or an authorised person over the age of 18 will be required to be home on the day of installation for a technician visit. This equipment remains the property of DGtek and fees apply if this equipment is removed or damaged. You will have the option to be supplied with a suitable modem/router upon connection of your Service, which may attract a fee as outlined in the Pricing Schedule. You may supply your own modem however we may not be able to provide technical support and you will need to contact the manufacturer directly.

3.3 Service Availability

Subject to your rights under the Australian Consumer Law, RAPID NET PTY LTD aim to provide, but cannot guarantee, acontinuous Service free of any Interruptions. You are aware that RAPID NET PTY LTD may be reliant on Third Party Suppliers for supplying the Service to you and that circumstances beyond our control may cause Interruptions to the Service from time to time. Our liability to you for any Interruption to a Service is limited in accordance with clause 12.

3.4 Installation

Depending on the nature of your circumstances, the installation process can take up to 21 business days to be
RAPID NET PTY LTD will provide email or SMS updates to you as to the progress of the installation
If hardware installation is required at your premises, you or an authorised adult may need to be present at your servicelocation

3.5 Maintenance and Fault Restoration

Subject to your rights under the Australian Consumer Law and to the maximum extent permitted by law, RAPID NET PTY LTD arenot obliged to restore any fault with a Service that is caused as a result of:

damage due to causes external to the facilities used by us and/or our Third Party Suppliers to provide the Service;
interference;
a Force Majeure Event; or
planned

3.6 Technical Support

RAPID NET PTY LTD will provide technical support services in accordance with the Terms. RAPID NET PTY LTD are not responsiblefor, and will not provide support for, any fault caused by:

the interaction of the Service with third party software packages used by you;
the inability to gain wireless connectivity from your wireless access point/router to your computer; or
services provided by any Third Party Supplier or carrier (other than our Third Party Suppliers).

3.7 Commencement

Your Service will commence when RAPID NET PTY LTD accept (at our sole discretion) your Service Order and continues untilterminated in accordance with the Terms.

When you request us to supply the Service to you, using our Service Order form, RAPID NET PTY LTD decide whether to accept your Service Order and to supply the Service to you based on a variety of factors including:

your eligibility for the Service;
its availability to you; and
your prior conduct or history with respect to any previous supply by us or a reseller of any goods or service to

3.8 Service Order

These General Terms do not apply to the extent that they are varied in writing between the parties. In particular, the Service Order which you completed in order to receive the Service may provide different terms. For example, you may be required to receive the Service from us for a minimum or fixed term that is greater than a month to month period (Fixed Term). In such cases, your ServiceOrder will state the specific details of the term that applies.

3.9 Third Party Suppliers

RAPID NET PTY LTD may use Third Party Suppliers for the provision of the Service to you. You will not contact any of our ThirdParty Suppliers for any reason in relation to the Service. You acknowledge that if you do contact one of our Third Party Suppliers, you will be liable for all costs imposed on us by our Third Party Supplier in connection with you having contacted that Third PartySupplier directly.

3.10 Changing the terms of your Service

During the term of your Service, RAPID NET PTY LTD may need to change the terms of your Service due to circumstances beyond our control, including changes in Law, urgent changes required for security reasons, changes by one of our ThirdParty Suppliers of the terms on which they supply services to us or to the functionality or nature of a Service or its underlying technology. RAPID NET PTY LTD may not always be able to provide you with ongoing supply of a Service on the same termsand conditions that existed when RAPID NET PTY LTD first commenced providing that Service to
In addition to changes which RAPID NET PTY LTD are required to make due to circumstances beyond our control, RAPID NET PTY LTD may elect to make changes for our own purposes during the term of your Any changes RAPID NET PTY LTD elect to make will take effect for your Service in accordance with clauses 3.10 and 3.11 below.
You acknowledge that:
- in accordance with paragraphs (a) and (b), from time to time the nature of the Service and the Terms on which RAPID NET PTY LTD supply the Service to you may change; and
- if RAPID NET PTY LTD elect to change those Terms RAPID NET PTY LTD will give you notice in accordance withclauses 10 and 3.11 below.

3.11 Your Rights if RAPID NET PTY LTD change the terms of your Service

Subject to the exceptions permitted by clause 10:
- RAPID NET PTY LTD will give you notice of any changes RAPID NET PTY LTD propose to make to your Service,including these General Terms, at least 21 days prior to the date on which those changes are to take effect; and
- if the changes RAPID NET PTY LTD propose to make will cause more than a minor detriment to you then you may immediately cancel the affected Service without incurring any Early Termination Fee or penalty (provided that RAPID NET PTY LTD can recover any outstanding Fees incurred up to the date on which your Service ends and any outstanding amounts that cover installation costs or equipment where such equipment can be used in connection with services provided by other suppliers), by giving us notice in writing to that effect within 42 days of the date of the notice referred to in paragraph (i)
If the date on which you give notice to us to cancel your Service in accordance with paragraph (ii) occurs after the date of the change to the Terms, the change will not apply to you. RAPID NET PTY LTD will issue a corrected invoice or adjustment note as appropriate and, if you have overpaid as a result of the change to the Terms, credit your account with the overpaid amount or, if you have cancelled your Service with us, refund the overpaid amount promptly after deduction of any other amounts due by you to us. Upon cancellation of the Service due to a change to the Terms that has more than a minor detrimental impact on you, the charge for costs of equipment that RAPID NET PTY LTD have provided to you and that youhave not paid for will be owed by you as a lump sum and payable by the relevant due
If you do not give notice to us within the 42 day period referred to in paragraph (ii), you are deemed to have accepted our changes from the date those changes are to take effect and that the Terms of your Service, as amended by those changes,will govern the relationship between you and us from that

3.12 Exceptions

Our obligation to give you 21 days’ notice of our proposed changes and to afford you a right to terminate your Service inaccordance with clause 3.9 will not apply in relation to:

urgent changes RAPID NET PTY LTD are required to make by Law, for security reasons or technical reasons necessary toprotect the integrity of Our Network;
the introduction of a new Fee or an increase in an existing Fee due to an additional tax or levy imposed by Law (where it isfair and reasonable for us to pass that on to you);
the introduction of a new Fee or an increase in existing administrative Fees for ancillary services such as credit card transaction fees (provided RAPID NET PTY LTD have offered you a reasonable alternative at the same or lesser cost to theoriginal Fee); and
increases in Fees due to increases imposed on us by other suppliers (including Third Party Suppliers) for international carriage services or for content and premium

will give you reasonable notice of the changes referred to in this clause 3.10 in accordance with the notice provisions of clause14.1.

4. FEES FOR THE SERVICE

4.1 Fees

You are liable to pay all Fees arising out of the use of the Service that RAPID NET PTY LTD provide to you, whether that use was by you or any other person with or without your
If a Service is used to access the facilities or services of another supplier, amounts charged by that other supplier are, unlessthe Terms specify otherwise, your responsibility, and you will indemnify us in relation to any such charges. If RAPID NET PTY LTD are charged those amounts RAPID NET PTY LTD may include them in the Fees.

4.2 GST

Unless expressly stated otherwise, all amounts payable by you under or in connection with your Service are inclusive of GST. If GST is payable on a Taxable Supply made to you, the amount payable by you for that Taxable Supply will be the amount expressed in theTerms.

4.3 Invoicing

Invoices and bills will be issued by
Your monthly plan billing cycle will commence on the date that your connection becomes
If your connection was activated on the 29th, 30th or 31st of a calendar month, your monthly plan billing cycle will be shifted to the 1st of the following month (or the first business day should the 1st fall on a weekend). Your second invoice will containthe unpaid portion of the prior month calculated on a pro-rata basis from the day the service was activated until the first day ofthe following
If you have agreed to pay by direct debit, the bank account or credit card you have authorised for the debit will be debitedon the Due Date as indicated on your
Recurring monthly Plan Fees are billed in advance and any applicable usage or excess usage charges are billed in arrears; these additional call and data charges can take up to 21 days to be reflected on your
Any applicable hardware will be billed on your first invoice, and non-standard connection Fees will be billed on your second
RAPID NET PTY LTD may vary invoice frequency upon giving you reasonable All portions of your use of the Service are charged for and unused allocations are not transferable or refundable. RAPID NET PTY LTD reserve the right to reissue an invoice if any error in the amount shown as owing on the invoice is subsequently discovered.
RAPID NET PTY LTD may issue an interim bill in the following circumstances:
you change your existing plan;

you request a new Service to be connected;
you relocate an existing Service;
you request to be invoiced for any ‘unbilled’ charges;
RAPID NET PTY LTD have reasonable grounds to believe that you may be a credit risk; or
as otherwise agreed with

(i) RAPID NET PTY LTD will refund or credit any overpaid amount due to a variation in the Fees or cancellation of a Service. IfRAPID NET PTY LTD have undercharged you, you will be liable for any underpayment.

4.4 Calculation of Fees

Fees are calculated by reference to data recorded or logged by us. RAPID NET PTY LTD are required to ensure that our bills are accurate and verifiable. Records held by us will be conclusive evidence of the usage of your Service and charges payableby you unless they are shown to be incorrect.

4.5 Time for Payment

All Fees must be paid in full by the Due Date. RAPID NET PTY LTD reserve the right to charge Interest on any unpaid amountfrom the Due Date until the date of payment in full.

4.6 Suspension for Non-Payment

RAPID NET PTY LTD reserve the right to:

physically disconnect your Service if Fees or any other amount payable by you remains unpaid 45 days after the applicableDue Date (unless RAPID NET PTY LTD have received written notice from you of a legitimate dispute of those Fees or otheramount prior to the Due Date and that dispute remains unresolved); and
suspend the Service if you fail to pay the outstanding amount in full within 7 days after RAPID NET PTY LTD give you anotice demanding payment of the Fees, which, for the avoidance of doubt, will include any administrative

4.7 Dishonoured Direct Debit Transaction or Credit Card Authorisation

In addition to any other rights that RAPID NET PTY LTD have under the Terms in relation to late payment, if an invoice is p aid by direct debit or credit card authorisation and the payment is declined by the bank, RAPID NET PTY LTD reserve the right topass any bank fee that RAPID NET PTY LTD i ncur as a result of the declined or dishonoured transaction on to you.

4.8 Debt Recovery Services

RAPID NET PTY LTD may use debt recovery services to recover any outstanding Fees (including any administrative fees). You maybe liable for any charges and collection costs, such as legal costs.

4.9 Early Termination Fee

You may cancel the Service at any time in accordance with clause 11.1, however, if you do so (other than due to our fault) youmay be liable to pay the Early Termination Fee set out in the Pricing Schedule.

4.10 Refunds and Credits

Any connection fee for a non-standard installation is non-refundable unless RAPID NET PTY LTDare unable to provision theservice you have requested us to This does not limit any rights you may have to a refund under an applicableConsumer Guarantee.
If your account for the Service is terminated and monies are owed to you by us (for example, for the unexpired portion ofany Fee paid in advance by you), you acknowledge that RAPID NET PTY LTDmay deduct any outstanding Fees on finalsettlement of your account and state on your final invoice (as applicable) the amount credited to you or the amount you mustpay to

You may elect to claim a refund for any amount credited on your final invoice or apply the credited amount to another serviceRAPID NET PTY LTD may supply to you by notifying us within 90 days of your receipt of the final

4.11 Disputed Invoices

If you become aware of an error in your invoice or Fees you have paid, you can dispute an invoice or claim a refund foroverpayment of any Fees under the RAPID NET PTY LTD recommend that you do so within 5 months of the date ofthe invoice to which the disputed amount or alleged overpayment relates. It may be more difficult for us to process disputesor claims after this period.
The disputed amount remains payable on the Due Date pending the resolution of the dispute, at which time any applicablerefund or credit will be
Nothing in this clause 11 limits your right to issue proceedings in relation to a disputed invoice or allegedoverpayment.

4.12 Cancellation, Suspension or Disconnection for non-payment

If RAPID NET PTY LTD cancel, suspend or disconnect the Service for non-payment, you remain liable for:

all Fees and other liabilities incurred before the date of cancellation, suspension or disconnection of the relevant Service;
the payment of accruing monthly fees despite the suspension of the Service; and
in circumstances where the Service has been cancelled or disconnected, any applicable Early Termination Fee set out in your Service Order or the Pricing

4.13 Set Off

Unless otherwise varied by us in writing, you must pay the Fees without any set off, counterclaim or deduction.

5. TRANSFER OF YOUR SERVICE FROM US TO ANOTHER SUPPLIER

5.1 Transfer

If you ask us to transfer any of the Services to another supplier, you remain liable to us for any amount payable in relation to the supply of the Services up to the date on which RAPID NET PTY LTD transfer those Services to another supplier. You will pay us that amount by the applicable Due Date.

5.2 Termination of Services on Transfer

The provision of your Service will cease on the date on which RAPID NET PTY LTD transfer your Services to another supplier.

5.3 Invoicing

RAPID NET PTY LTD will endeavour to invoice you for Fees incurred in relation to Services that you transfer to another supplier within the next normal billing period. If, after that time, RAPID NET PTY LTD become aware of other Fees or amounts (including fees payable to any other supplier) for those Services up to the date of transfer, or RAPID NET PTY LTD resolve any dispute sothat any liability relating to those Services is quantified and payable by you, then you will pay us all such amounts within 7 days ofyour receipt of our invoice for them.

5.4 Indemnity

RAPID NET PTY LTD will not accept liability for any amounts owing by you to a supplier or other person. You must indemnify us against any Claim made by a supplier or other person against us in relation to any such amounts.

6. PERSONAL INFORMATION

6.1 Consent to Collection and Use

You consent to us obtaining, using and disclosing your Personal Information for any Approved Purpose including the purposes specified in this clause 6. If you choose not to provide all or part of the Personal Information RAPID NET PTY LTD request, RAPID NET PTY LTD may not be able to provide you with the Services, or RAPID NET PTY LTD may refuse toprovide or limit the provision to you of any Service or credit.

6.2 Use of Personal Information

You authorise us to collect, use and disclose Personal Information (including details of your account and information relating to the use of your Service) which you provide to us in connection with the supply to you of the Services in accordance with our Privacy Policy. Further information about our privacy practices, how to access or correct our records, opt out of receiving marketing materials, or making a complaint can be found at https://www.rapid-net.com.au.
If your Service includes the supply of a telephone service number, RAPID NET PTY LTD are required by Law to provide yourname, address, telephone service number and other public number customer details to the manager of the Integrated Public Number Database (IPND) for the Approved

7. YOUR OBLIGATIONS

7.1 Compliance

You are responsible for the use of your Service and you will not use your Service other than in accordance with theTerms and Laws and obligations applicable to the Services and their
You must comply with any reasonable direction given by us in relation to the

7.2 Responsibility for persons who you allow to use your Service

You must ensure that any person you allow to use your Service complies with the Terms as if they were you.

7.3 Obligations

In providing the Services to you, you acknowledge that Rapid Net , or a Third Party Supplier, may take any steps deemednecessary in order to comply with the Law, industry codes of practice or under direction from a relevant regulatory authority, Government Agency or court order, including:
- intercepting communications made using a Service; and
- monitoring data accessed or transmitted by you while using the
You must not do or allow to be done, in relation to a Service, any of the following:
- endanger the health or safety of any person;
- damage, threaten, interfere with, prejudice the integrity of, degrade or result in the deterioration of the operation or performance of any other party’s network, systems, equipment, property, infrastructure or facilities;
- cause a nuisance;
- damage, threaten, interfere with, prejudice the integrity of, degrade or cause the deterioration of the operation orperformance of the supply of a product or service to any other person or other property or facilities or any third party;
- engage in denial-of-service attacks, or allow a computer under your authority to be used as part of one;
- obtain or attempt to obtain unauthorised access to or control of any other computer or network;
- scan ports on other computers or otherwise probe them for means of access or vulnerabilities;

spread (either deliberately or through want of reasonable care) any virus, Trojan horse or other harmful action;
breach any Law regulating content on the Internet or email;
contravene the Privacy Act, or any principles or guidelines made under them; or
send
You will comply with any directions, instructions, policies or procedures given by us that relate to:
- protecting the health or safety of any person; or
- protecting the integrity of, or ensuring the quality of any other party’s services, network, systems, equipment, property,infrastructure or
Your use of the Service, and any equipment or facilities used in relation to a Service, complies with all applicable
If RAPID NET PTY LTD or a Third Party Supplier provide you with any software, you will only use it in accordance with its licence terms as notified to you from time to
Except to the extent that RAPID NET PTY LTD have specifically agreed otherwise, the Service that is supplied to you is for domestic and personal or business use only and you will not resell the Service, nor to establish, maintain or permit multiple concurrent connections to the Service, nor to connect the Service to a local area network, except if the Service is designated by us as one which supports use of a local area
Except to the extent that RAPID NET PTY LTD have specifically agreed otherwise, you are solely responsible at your own expense for providing and maintaining the modem and all other Customer Equipment and Equipment necessary for that
To the extent permitted by Law, you acknowledge that:
continuity and speed of access to the Internet depend on a wide range of factors, many of which are beyond our control;
RAPID NET PTY LTD have no control over the accuracy or appropriateness of any information on the Internet;
RAPID NET PTY LTD are not responsible for any software or data available on the Internet; and
if RAPID NET PTY LTD provide to you technical or other support or advice in relation to any matter which is outside our direct responsibility under the Terms, RAPID NET PTY LTD do so only in an attempt to assist you and without incurringany liability other than any which cannot Lawfully be excluded.

7.4 Internet Security

You acknowledge and accept that any access to the Internet involves security risks and that new threats to Internet security are continually evolving. You accept responsibility for maintaining your own security and acknowledge that RAPID NET PTY LTD haverecommended that you should at least:

maintain and protect your user identity, email address and password (keeping the password secure, including not disclosingit, avoiding the use of dictionary words, names or dates, changing it regularly, not keeping it in writing or storing it on acomputer);
not disclose Personal Information (including credit card details) on the Internet;
use and keep current anti-virus software and firewall;
restrict access to Equipment;
not accept emails or files from unknown sources;
protect users from unsuitable Internet content;
keep up to date on Internet security issues; and
be aware that premium rate ’190’ and international ’0011’ telephone call fees can be incurred inadvertently by users accessing certain Internet sites and while using dialup

7.5 Information

You warrant that the information supplied by you in relation to your Service is true and correct. You will promptly inform us of anychanges to this information.

7.6 Assistance

For the duration of your Service, you will provide us free of charge with all assistance, information, access, facilities and services reasonably required by us to enable us to perform our obligations under the Terms, including use of Customer Equipment (including PABX and key system equipment) and any other telecommunications facilities which you own or control, if required.

8. USE OF SERVICES

8.1 Interference

If inadequate capacity in the Customer Equipment or Equipment or your use of the Service interferes, or in our opinionthreatens to interfere, with the efficiency of any network used in the supply of the Services, you must follow our directions or the directions of the relevant network operator on how to end or avoid that interference.

8.2 Use of Services

You must:

ensure the Services are used solely for their intended purpose;
notify us immediately of any security breach (suspected or otherwise) regarding the Service or your confidentialpassword or customer login; and
not permit any other person to resell or purport to resell any

8.3 Technical Regulation

You must not connect or maintain a connection to a facility used in connection with the supply of Services to you or other parties that does not comply with technical codes, standards or regulations made under the Telecommunications Act, any declaration or other requirement of the ACMA or any code, standard or guideline published by the Australian Communications Alliance Ltd.

8.4 Illegal Use

You must not use or allow another person to use a Service to transmit or publish any material that is defamatory towards anyperson, or in breach of copyright, any obligations of confidentiality or otherwise in breach of any Law. If you breach this clause, RAPID NET PTY LTD may suspend or cancel the Service in accordance with clause 11.3(e). You indemnify us against and must reimburse us for any Claim that RAPID NET PTY LTD suffer as a result of your Service being used to commit an offence or otherwise breach this clause 8.4.

9. EQUIPMENT RAPID NET PTY LTDSUPPLY TO YOU

9.1 Title

If Rapid Net , or our Third Party Supplier, provides a facility or any item of equipment (Service Equipment) to you either for use in the provision of the Services (but RAPID NET PTY LTD do not sell that Service Equipment to you):

risk in the Service Equipment passes to you on delivery;

that Service Equipment always remains our property unless, in our sole discretion, RAPID NET PTY LTD deem that title haspassed to you;
you will allow us to and, where applicable, will ensure that the landlord allows us to, remove the Service Equipment from the premises where it is installed upon expiry or termination of the supply of the Services;
you will not part with possession of the Service Equipment except to us;
if RAPID NET PTY LTD are unable to recover the Service Equipment, RAPID NET PTY LTDmay recover the value of it as a debt due by you, including offsetting the value of the Service Equipment against any monies owed to you by us;
you indemnify us against and must reimburse us for any loss or damage to the Service Equipment, unless that loss ordamage arises from fair wear and tear; and
you must:
- not remove or obscure any identification marks on the Service Equipment;
- comply with our reasonable instructions to protect our ownership of the Service Equipment; and
- not do anything which might detrimentally affect our ownership of the Service

9.2 Changes to Service Equipment

RAPID NET PTY LTD may, in our sole discretion and at any time, replace any of our Service Equipment.

9.3 Access

You will allow us access to the Service Equipment during Business Hours (or at such other times as RAPID NET PTY LTD arrange with you), and this right of access will not end until all Service Equipment is returned to us, even if the Serviceshave been
RAPID NET PTY LTD (or a Third Party Supplier) may need access to your premises from time to time in connectionwith the provision and maintenance of the Service Equipment or a If you do not provide such access as Rapid Net, or a relevant Third Party Supplier, reasonably require, RAPID NET PTY Dumay limit, suspend, cancel ordisconnect your Service.
If you want us to provide a Service and that Service requires the installation of any facility, equipment or cabling on your premises whether by us or a Third Party Supplier, you must allow us or any relevant Third Party Supplier to:
- have access to your premises to install the facility, equipment or cabling; and
- install the facility, equipment or cabling on your
If you do not own the premises referred to in paragraph (c), you must have the owner’s permission and you warrant to usthat you do have that
If RAPID NET PTY LTD need access to your premises you must provide us with safe access and indemnify us against andmust reimburse us for any Claim by the owner or occupier of the premises in relation to our entry onto the

9.4 Maintenance of Service Equipment

RAPID NET PTY LTD may suspend Services for a reasonable period of time to perform maintenance on the Service Equipment,provided that in each case, RAPID NET PTY LTD will use our reasonable endeavours to:

give you reasonable notice (bearing in mind the urgency and nature of the work) of any Interruption to the Services; and
minimise any Interruption to the

9.5 Maintenance of Customer Equipment

If RAPID NET PTY LTD use any of your facilities or Customer Equipment to provide the Services to you, you are responsible forthe maintenance of your facilities and Customer Equipment unless RAPID NET PTY LTD otherwise agree in writing.

9.6 Interference

You will ensure that the Service Equipment, and any other Customer Equipment, facilities or connections used in providingServices, are not altered, maintained, repaired or connected to, or disconnected from, any power source or line except by servicepersonnel approved by us.

9.7 Return

On the termination of supply of the Services for any reason you will immediately return all Service Equipment to us, or make it available for collection by us. If you do not return the Service Equipment, you must pay to us on demand the full retail price of the Service Equipment (including the cost of acquiring or renewing any necessary software licences).

10. EQUIPMENT YOU ACQUIRE FROM US

10.1 Title

If RAPID NET PTY LTD sells to you a facility or any item of equipment (Purchased Equipment) either for use in the provision of theServices to you or otherwise, then:

that Purchased Equipment remains our property until RAPID NET PTY LTDreceive full payment from you or RAPID NET PTY LTD otherwise deem in our sole discretion that title has passed to you (prior to the receipt of full payment);
until RAPID NET PTY LTD receive full payment from you, you will not part with possession of the Purchased Equipmentexcept to us;
if you do part with the Purchased Equipment before making full payment to us, RAPID NET PTY LTD may recover thevalue of it as a debt due, including offsetting the value of the Purchased Equipment against any monies owed to you by us;
until full payment of the Purchased Equipment is received, you indemnify us against and must reimburse us for any loss ordamage to it, unless that loss or damage arises from fair wear and tear; and
until RAPID NET PTY LTD receive full payment for the Purchased Equipment, you must not remove or obscure anyidentification marks on it, and must comply with our reasonable instructions to protect our ownership and not do anythingwhich might detrimentally affect our ownership of the Purchased

10.2 Risk

Risk of loss or damage to the Purchased Equipment will pass to you upon delivery.

10.3 Installation

Subject to agreement between us and you as to which Services RAPID NET PTY LTDor a contractor on behalf of us will install, such Services will be installed at the service location address nominated by you. RAPID NET PTY LTD may charge you our current Fees for a non-standard installation of a Service. RAPID NET PTY LTD will use reasonable endeavours to install a Service on or around the installation date requested by you.

10.4 Returns and Refunds

Subject to any rights you have in respect of our breach of a Consumer Guarantee:

RAPID NET PTY LTD do not refund unwanted Purchased Equipment. If you require a different model, RAPID NET PTY LTD allow 7 business days from the date you receive the Purchased Equipment to return to us at your own cost.
No credit will be applicable on any Purchased Equipment returned after the 7 business day period referred to inparagraph (a).

11. CHANGE, SUSPENSION AND CANCELLATION OF SERVICES

11.1 Your rights to change, cancel or terminate

You may notify us of your intention to change a Service at any time by giving us written notice. The change of Service will occur at the start of the month following the date of receipt of notice.
You may cancel a Service by giving us 30 days’ notice. If you cancel a Service during an applicable Fixed Term for that Service, you may be liable to pay an Early Termination Fee in accordance with clause 4.9.
You may also cancel a Service at any time by giving us notice if:
- you are entitled to do so in accordance with clause 11;
- you are entitled to do so in accordance with clause 2;
- RAPID NET PTY LTD are in material breach of the Terms, which is capable of being remedied, but which RAPID NET PTY LTD have failed to remedy within 30 days after you telling us of that breach; or
- RAPID NET PTY LTD are in material breach of the Terms and it is something which cannot be remedied, including where there have been prolonged or repeated Interruptions to the Service. This clause does not apply to Interruptionswhich occur because of:
  1. a cancellation, suspension or restriction to the supply of the Service in any of the circumstances listedin clause 3;
  2. a system or network outage for an insignificant period;
  3. scheduled maintenance of Our Network;
  4. a fault or other event which may reasonably be attributed directly or indirectly to your Equipment; or
  5. your acts or
- If you cancel a Service for any of the reasons set out in paragraph (c):
  - you will not be liable to pay an Early Termination Fee (provided that RAPID NET PTY LTD can recover any outstanding Fees incurred up to the date on which your Service ends and any other outstanding amounts); and you will be required to pay the installation cost and Router charge as stipulated in the Critical information summary
  - you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service inaccordance with clause 12.

11.2 Our Suspension and Cancellation Rights

RAPID NET PTY LTD may suspend, limit or cancel a Service:

if you notify us in accordance with clause 1;
to the extent necessary for us to comply with an order, instruction or request of a Government Agency, an emergencyservices organisation or any other competent authority (whether such an order, instruction or request is received or reasonablyanticipated by us);
if RAPID NET PTY LTD are required to do so by Law;
if there is an emergency;
if the Network is being modernised or upgraded;
if a third party (including any Third Party Supplier) withdraws or suspends a service which means RAPID NET PTY LTD cannot provide your Service;
during any technical failure, modification or maintenance involved in the Service provided that RAPID NET PTY LTD willuse reasonable endeavours to procure the resumption of the Services as soon as practicable;

if there are reasonable grounds for believing a threat or risk exists to the security or integrity of Our Network or thatprovision of the Service may cause death, personal injury or damage to property;
if RAPID NET PTY LTD reasonably determine that such action is necessary to repair, maintain or restore any part of OurNetwork;
if the provision of the Services by us does or may contravene any Law or RAPID NET PTY LTD have reasonable grounds to believe that it may in the immediate future contravene any Law;
a Force Majeure Event prevents us from supplying the Service in accordance with the Terms for 30 days; or
if your Service has not been used or accessed for a continuous period of 24

11.3 Other Suspension or Cancellation Events

RAPID NET PTY LTD may suspend, limit or cancel a Service if:

you vacate the premises to which RAPID NET PTY LTD have been supplying a Service to you;
RAPID NET PTY LTD are unable to enter the premises to inspect, repair or maintain any Equipment or cabling connectedwith a Service provided to you;
RAPID NET PTY LTD have the right to do so in accordance with clause 7 for your failure to pay Fees or other amounts;
RAPID NET PTY LTD have reasonable grounds to suspect fraud or other illegal conduct by you in applying for the Service;
RAPID NET PTY LTD have reasonable grounds to suspect fraud or other illegal conduct by you or any person using yourService;
you fail to rectify any defect or inadequacy in any Customer Equipment or cabling not owned or maintained by us within 30 days of being requested to do so by us;
your use of the Services interferes with the efficiency of Our Network or a Third Party Supplier’s network and you fail to rectifythe situation within 24 hours of being requested to do so by us;
if you do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardising theoperation of any Service;
you become a carrier or carriage service provider within the meaning of the Telecommunications Act;
you become bankrupt, insolvent or have a receiver, manager, administrator or liquidator appointed over you or any of yourassets;
RAPID NET PTY LTD have reasonable grounds for believing you are a credit risk, including the following grounds:
- your usage of the Service is unusually high when compared to previous account activity and you fail to respond to notices from us about that usage (but you acknowledge that RAPID NET PTY LTDare not obliged to monitor usage of a Service, or to suspend, limit or cancel a Service if there is unusual usage, and you remain liable to us for usage of thatService);
- you fail to pay an invoice by the Due Date and have a payment history indicating late payments, dishonouredpayments or failures to pay; or
- RAPID NET PTY LTD become aware of public notices of your pending bankruptcy, winding up or other insolvencyevents,
- and RAPID NET PTY LTD have taken reasonable steps to notify you of the suspension, limitation or cancellationof the Service; or
you are in material breach of any of the Terms, including these General

11.4 Cancellation for Convenience

RAPID NET PTY LTD reserve the right to remove any Service:

at any time after the end of the Fixed Term by giving you 30 days’ notice; or
during the Fixed Term, if RAPID NET PTY LTD have your consent; or
during the Fixed Term, if RAPID NET PTY LTD offer to migrate you to a reasonably comparable alternative service for theremainder of the Fixed Term and take reasonable steps to offset any more than minor detrimental effects of the migration caused by differences between the cancelled service and the alternative service RAPID NET PTY LTD offer;
if RAPID NET PTY LTD reasonably determine that it is not technically or operationally feasible to supply the Service to you, atany time prior to the Service commencement date specified in clause 5 by giving you notice.

11.5 Consequences of Cancellation, Suspension or Termination

If RAPID NET PTY LTD cancel or suspend the Service for any of the reasons listed in clause 2 or 11.4, RAPID NET PTY LTD will not charge you any disconnection or reconnection fee.
Without limiting any of our rights under these Terms or at Law, if RAPID NET PTY LTD cancel or suspend the Service forany of the reasons listed in clause 3, you will be liable to pay a disconnection fee and, if RAPID NET PTY LTD agree to reconnect the Service, a reconnection fee in addition to your liability to pay all other Fees incurred up to the time ofcancellation of the Service.
If RAPID NET PTY LTD advise you that RAPID NET PTY LTD are removing your Service, you will not be liable to pay adisconnection fee, but will be liable to pay all other Fees incurred up to the time RAPID NET PTY LTD remove your
If RAPID NET PTY LTD suspend a Service in accordance with these Terms as a result of a breach of these Terms by you,you will have to pay all charges arising in respect of the Service during the suspension (excluding usage based charges).
On termination of a Service for any reason, you must immediately:
- stop using the Service and any Equipment owned by us or any Third Party Supplier; and
- allow us to remove any Equipment owned by us or any Third Party Supplier or any Purchased Equipment that youhave not paid for in
- You remain liable for all Fees payable in respect of Services provided to you up to the time of cancellation,suspension or
If your Service has been terminated or cancelled for any reason, RAPID NET PTY LTDmay delete all of your data from any storage media. You are solely responsible for backing up your

11.6 Expiration of a Fixed Term or Other Period

If:

RAPID NET PTY LTD provide a Service to you for a Fixed Term or any other period;
that Fixed Term or other period expires; and
neither you nor RAPID NET PTY LTD cancel the Service,

RAPID NET PTY LTD will continue to supply the Service to you on a month to month basis.

11.7 Re-connection Fees

RAPID NET PTY LTD may charge you a fee for the reconnection of any Service, except where the disconnection was caused byour error or our failure to perform our obligations as set out in the Terms or was the result of any of the events specified in clause11.2.

12. LIABILITY

12.1 Our liability for property damage, personal injury and death

RAPID NET PTY LTD are liable to you for:

any loss, destruction or damage to your tangible property during installation, repair or maintenance of Equipment; and
personal injury (including illness and disability) or death, which is caused by our fault, negligence or

12.2 Our liability under the Customer Service Guarantee

This clause 12.2 applies subject to any waiver of your entitlements under the Customer Service Guarantee Standard (theCSG) that you have provided to It may be a condition of some services that you waive your entitlements under the CSG.
To the extent that RAPID NET PTY LTD provide you with a standard telephone service (as defined in theTelecommunications (Consumer Protection and Service Standards) Act 1999) and specified enhanced call handlingfeatures, our service must comply with the The CSG sets out minimum performance standards in relation to serviceconnection times, fault repair times and keeping appointments to provide you with a Service. The CSG does not apply to Customer Equipment or to customers that have more than five telephone services. RAPID NET PTY LTD will connect Services not covered by the CSG within a reasonable time.
If RAPID NET PTY LTDdo not meet the CSG performance standards, you may be entitled to receive monetary compensationas specified in the However, there are circumstances in which RAPID NET PTY LTD may be exempt from meetingthose requirements, including:
- if you have agreed to a CSG waiver in accordance with Part 5 of the Telecommunications (Customer Service Guarantee)Standard 2011; or
- where you unreasonably refuse us access to your premises; or
- if you miss an appointment without giving us reasonable For more information about the CSG, go to theACMA website at www.acma.gov.au.

12.3 Consumer Guarantees

RAPID NET PTY LTD will provide the Services to you subject only to the terms, conditions and warranties contained within the Terms and those imposed by Law which cannot be excluded. For example, if RAPID NET PTY LTD supply Equipment or a Service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost is of a kind ordinarily acquired for personal, domestic or household use, then Consumer Guarantees require that the Service will be provided with due care and skill and that the Equipment will be of acceptable quality. Certain remedies are available to you under the AustralianConsumer Law if the Service or Equipment RAPID NET PTY LTD supply to you fails to meet the standard required by applicableConsumer Guarantees.

12.4 Limitation of Liability for breach of a Consumer Guarantee

Where RAPID NET PTY LTD are not permitted to exclude our liability for our breach of a Consumer Guarantee but arepermitted to limit our liability for such a breach, unless you are able to establish that it is not fair and reasonable for us to doso, our liability to you is limited to:
- if the breach relates to Equipment, the repair or replacement of the Equipment, the supply of equivalent Equipment or the payment of the cost of repairing or replacing the Equipment or supplying equivalentEquipment; or
- if the breach relates to a Service, resupplying the Service or payment of the cost of having the Service
The limitations of liability in clause 12.4(a) do not apply to:
- a breach of the Consumer Guarantees relating to clear title, undisclosed securities and undisturbed possession undersections 51 to 53 of Schedule 2 to the Competition and Consumer Act 2010 (Cth); or

a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domesticor household use or

12.5 Exclusion of Liability

To the extent permitted by Law, neither a Third Party Supplier nor us have any liability to you or to any other person for:

any Claim by you or any other person for Consequential Loss (other than loss resulting from our breach of a ConsumerGuarantee);
any loss or damage suffered by you in connection with your Service to the extent that your acts or omissions or any Customer Equipment cause or contribute to that loss or damage;
any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
acts, omissions or defaults of any third party or any person who provides goods or services directly to you for use inconnection with a

12.6 Cancellation of a Service

Cancellation of a Service or termination or expiry of your Service does not affect the provisions of the Terms concerning limitation ofliability and indemnity.

13. FORCE MAJEURE

13.1 No Liability

Subject to our obligations under the CSG as described in clause 12.2 and any non-excludable rights you have under theAustralian Consumer Law, RAPID NET PTY LTD are not liable for, and will not be deemed to be in breach of the Terms in theevent of:

any delay in installing a Service;
any delay in correcting any fault in a Service;
failure to provide a Service or incorrect operation of any Service;
Service outages; or
any default by us in compliance with the Terms,

if it is caused directly or indirectly by a Force Majeure Event.

13.2 Termination for Force Majeure

If any delay, Interruption or failure to deliver under clause 13.1 continues for more than 30 days after the commencement of the delay,Interruption or failure to deliver, then either party may terminate the affected Service(s) by notice in writing to the other party.

14 GENERAL

14.1 Giving Notice to You

RAPID NET PTY LTD may satisfy any obligation to give you notice by:

delivering the information to you in person;
sending the information by pre-paid post to the address listed in our records for you;
sending the information by SMS message to the mobile telephone number listed in our records for you if you have selectedSMS as your preferred communication method;
transmitting the information to the email address listed in our records for By applying for the Service, you consent tonotices being sent to your email address. It is your responsibility to check your emails and

to inform us of the most appropriate address for receipt of notices or if you do not wish to receive notices via email.

14.2 Disputes

RAPID NET PTY LTD will seek to resolve any dispute with you. If a dispute remains unresolved, you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme. For further information go to www.tio.com.au or call the TIO on1800 062 058 or (TTY) 1800 675 692.

14.3 Intellectual Property

You do not own or have any legal interest in any of our intellectual property or in any telephone number, IP address, domain name,personal identification number or other locator or identifier issued by us to you.

14.4 Authority

You must inform us if you want another person to act as an authorised representative in accessing or making changes to your Serviceor account. Subject to our rights and obligations in clause 6, RAPID NET PTY LTD will not let another person access your accountunless RAPID NET PTY LTD have received your authority to so.

14.5 Governing Law

The Terms are governed by the laws of the Commonwealth of Australia and the laws of
You and RAPID NET PTY LTD submit to the exclusive jurisdiction of the courts of

14.6 Subcontractors

RAPID NET PTY LTD may subcontract any of our obligations under the Terms.

14.7 No Waiver

No failure to exercise, or any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

14.8 Survival

Any provision of the Terms which by its nature is intended to survive termination or expiry of your Service (including without limitation any exclusion or limitation of liability or indemnity in the Terms) will survive termination or expiry of your Service for any reason.

14.9 Severability of Provisions

Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of the Terms nor affect the validity orenforceability ofb that provision in any other jurisdiction.

RAPID NET PTY LTD Service Level Agreement

Residential Services

Residential SLA

Severity Level

Definitions

Response Time

Permanent Fix/Workaround Time

Severity 1

Service unavailable due to hardware failure of DGtek managed Provider Edge Equipment. Service is not seriously impaired and not functional for affected users. May result in lost productivity or may jeopardise risk management or provision of service to public.

4 Hours (During business hours)

24-48 Hours

Severity 1

Service unavailable due to external circumstances such as natural disaster or cable cut by and external third party. Service is seriously impaired and not functional for affected users. May result in lost productivity or may jeopardise risk management or provision of service to public.

4 Hours (during business hours)

24-72 Hours

Severity 2

Service seriously impaired and not functional for affected users. May result in lost productivity or may jeopardise risk management or provision of service to public.

8 Hours (During business hours)

24-72 Hours

Severity 3

Service is impaired causing difficulty with performing normal work for affected users. May result in reduced productivity but does not otherwise threaten risk management or service to public.

8 Hours (During business hours)

3-5 Business Days

Severity 4

Service is impaired causing minor difficulty or inconvenience.

2 Business Days

5-10 Business Days

Coverage Hours

Business Hours, Working days of the year

Time period in which the service provider acknowledges receipt of the incident and confirms application of resources to a fix.

A permanent solution to the problem/fault OR the completion of a work-around that gets the service operating again at least on a temporary basis.

RAPID NET PTY LTD Service Level Agreement

Commercial Services

Commercial SLA

Severity Level

Definitions

Response Time

Permanent Fix/Workaround Time

Severity 1

15 Minutes

1-2 Hours

Severity 1

15 Minutes

24-72 Hours

Severity 2

Service seriously impaired and not functional for affected users. May result in lost productivity or may jeopardise risk management or provision of service to public.

15 Minutes

2 Hours

Severity 3

Service is impaired causing difficulty with performing normal work for affected users. May result in reduced productivity but does not otherwise threaten risk management or service to public.

15 Minutes

4 Hours

Severity 4

Service is impaired causing minor difficulty or inconvenience.

15 Minutes

8 Hours

Coverage Hours

Business Hours, Working days of the year

Time period in which the service provider acknowledges receipt of the incident and confirms application of resources to a fix.

A permanent solution to the problem/fault OR the completion of a work-around that gets the service operating again at least on a temporary basis.