These Terms govern the supply of our Services and any Wireless Modem or other associated equipment you buy from us. Your use of our Service including uMail will also be governed by our Acceptable Use Policy (AUP). If you buy your modem or other equipment from us you will also be bound by the terms and conditions governing our online shop.

Your use of our Services, which are described in 2 and 3 below, indicates your acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms. You are not entitled to open an account for activation of our Services unless you are at least 18 years old.

We may monitor your account to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do. We may investigate any alleged misuse of the Service and may involve police or other law enforcement agencies in doing so without notice to you. We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services.

If our monitoring of your account or an investigation by a law enforcement agency demonstrates that you are in material breach of these Terms (ie a breach which is serious, in all the circumstances), we may terminate your account in accordance with 23 below. Please note that breaches of the AUP may also result in suspension or termination, as explained in the AUP.

In these Terms: 'you' and 'your' mean the customer (you!); we, our and us mean Unwired Australia Pty Limited; and our 'Services' means the provision of wireless always-on fast internet and broadband services we have agreed to provide to you under the plan you have chosen (ie an Unwired access plan).

Our Services use new, zero-install, non-line-of-sight wireless technology, providing wireless always-on fast internet and broadband access to you up to the speed and usage limit (check your usage page in the 'My Account' section of the website for information on how usage is calculated) specified in your nominated plan.

Details of each plan we offer are available on our website. Also, you can purchase additional features from us that complement the Services, subject to the terms and conditions governing the supply of those products as featured on our website.

We will provide our Services to you in accordance with these Terms, using reasonable skill and care. We will also ensure that the Services do everything we say they will do as far as it is reasonably within our power to do so.

Our Services include anti-spamming technology to protect you from unwanted spam emails in any email account that we provide to you.

We want our customers to enjoy as much flexibility as possible, and other than during your first month we will allow you to change your plan to a higher or lower speed or usage level plan at any time you like once during any billing month. You don't have to wait for the end of your billing month to make a change to your plan. When you change your plan, we will give you a pro-rata credit for monthly access charges already incurred under your previous plan, and we will apply a pro-rata debit for access charges relating to your new plan for the remainder of the month. However, within a billing month, you cannot move to a plan with a usage allowance below the usage you have already accumulated in that month. In other words, you have to pay for what you have used.

If you join up on a plan with a fixed term contract, and you upgrade to a plan without a contract term, you will still be bound by the term of the contract for the plan you joined up on for the remainder of that original term.

Also, if you purchase additional features through our website, and then decide you don't want them, you will have to pay for them for at least a month - unfortunately we can't refund the charges for additional features deactivated during a billing period.

If you use our On Hold plan while you are on a fixed term contract, the term of your contract will be extended by the number of days you are on hold.

You should be able to receive our Services whenever your modem is within the operating range of our network. We use the service address information you give us when you buy a modem to check whether you fall within our network area, and whether we can provide our Services to you. Unfortunately, we can't absolutely guarantee you the availability of our Services in advance, as there may be places within our network area where a customer cannot receive the Services, because of unusual terrain or other environmental circumstances. However, we give you a full 7 day money back guarantee. If within 7 days of purchase you plug the modem in and find you cannot receive our Services we will give you a full refund of the purchase price of the modem supplied by us if it is returned in its original condition and original packaging. We will also pay the cost of returning it.

We try to make our Services available to you within our network area at all times but sometimes availability is affected by factors outside our control such as prolonged interruptions to city power supplies. Speeds may be affected by environmental factors or by the volume of traffic the base station to which you are connected is experiencing. For this reason we can't guarantee that our Services will be available to you at all times; or that speeds won't vary from time to time. It may also be necessary to interrupt our Services occasionally in order to upgrade or maintain them. Should we need to interrupt our Services we will:

1. whenever possible conduct maintenance or upgrades between 1AM and 6AM Eastern Standard Time;
2. if possible tell you in advance (via email or our website) if our Services will be unavailable due to maintenance or any other foreseeable reason; and
3. restore disrupted Services as soon as possible.

We will provide you with unique login details to access your account. The IP (Internet Protocol) address allocated to you may be different each time you access our Services. It is not possible to retain your login (username) for later use if your service is cancelled.

To access our Services you will need our wireless broadband modem, which you can buy either directly from us or from one of our participating retail partners. If you buy a modem from another supplier it is your responsibility to ensure that the modem is able to be used to access our Services. Services will only be available once you select an Unwired access plan or one of our participating providers' access plans and have signed up to a contract.

When you buy a modem from us:

1. risk in (responsibility for) the modem passes to you as soon as you receive it, and title (full ownership) passes to you on payment in full;
2. the modem and equipment it comes with are covered by a repair and replacement warranty against all manufacturing faults for 12 months from the date of purchase unless it is a refurbished modem*, in which case the warranty period is 6 months;
3. your warranty rights in (b) above:
   1. are in addition to any non-excludable rights, conditions or warranties implied by law, including those under the Trade Practices Act 1974 (Cth); and
   2. will no longer apply if your contract with us is terminated for any reason;
4. your warranty is as set out here: all other rights, conditions or warranties relating to the modem are excluded;
5. we reserve the right to update software in your modem to offer additional features and functions or to improve the performance of the modem to best match the performance of the Unwired network. Under most circumstances upgrades will be done over the air and you won't have to do anything but leave your modem switched on. We will give advance notice of upgrades. You won't have to pay for them;
6. in the unlikely event that your modem needs servicing outside the warranty period, we can arrange that for you at your cost.

* Refurbished modems are "as new" modems, which may have been used for testing or demonstration purposes, or may have been returned by customers who were outside our coverage area. The modems have been checked, tested and re-packed.

If it's necessary to replace your modem or any other equipment you bought from us under your 12 month warranty (or 6 months for refurbished modems) described in 8 above, let us know and a courier will be dispatched to collect the faulty equipment at no cost to you. The Unwired faulty equipment replacement process works in two steps. First, a courier will be dispatched to any reasonable location nominated by you. The courier will deliver a satchel containing the replacement equipment. Secondly a return satchel, pre-addressed to Unwired Returns, will be mailed to you with a letter explaining how to return your faulty equipment. You will need to follow the instructions on the returns letter and organise a pickup of your faulty equipment. Only the returned, faulty equipment will be replaced. For example, when a modem is replaced no new cables or Installation CD will be provided. Note that as equipment is superseded by new versions or models, replacement under warranty will be like for like - you will not receive a new version or model unless none of the model returned as faulty remains in stock, new or refurbished. A warranty of thirty days or the balance of the warranty period on your original equipment, whichever is the greater, will apply to the replacement equipment. We will check the faulty equipment and if we determine that the equipment fault is not covered by the Unwired warranty (for example it's full of water) an equipment replacement fee will be charged to the account you pay us from. We will tell you about this fee before applying the charges. If you fail to return your faulty equipment within 10 days of receiving the replacement equipment, we will issue an invoice for the cost of the replacement equipment and a charge will then be applied to the account you pay us from. We reserve the right to repair faulty equipment, or provide refurbished equipment when replacing equipment under warranty.

We offer a 7 day money back guarantee. If you are dissatisfied with your Unwired service for any reason at all you may cancel the service within 7 days of selecting a plan and signing up to a contract, and you will receive a full refund (except for the surcharge applied if you paid with an American Express card as described in 21). If you wish to take up the 7 day money back guarantee, you must cancel the service through Unwired Customer Care. You'll be given instructions for returning your equipment and getting the refund. You will have to return the equipment in its original packing material and it must be in its original undamaged condition. Accessories, CDs, cables and anything else included must be returned for us to process your full refund. When we receive the equipment we will make a decision about whether the conditions of the guarantee have been met, and if they have you will receive a full refund of the modem and any activation fee, and any additional monthly services you have paid for in advance. However, one-off purchases made after sign-up, such as additional usage, will not be refunded.

This refund will be applied to the account you pay us from. If your equipment is returned after your next monthly charge is applied (but before you've used any of it), you won't be charged for that month. If when we receive it we find that you haven't met the conditions of the guarantee we won't provide the refund, and will return the modem to you.

We may process your refund before we receive your returned modem (but we reserve the right not to until we have received and assessed your returned equipment). If we do that, and you fail to return your equipment within 10 working days of cancelling your service, we will issue an invoice for the amount of the refund and a charge will then be applied to the account you pay us from. We will also reapply the charge if when we receive your returned modem we find that the conditions of the guarantee have not been met, and in that case we will return the modem to you as well.

Of course the 7 day money back guarantee will also apply for people who find that they cannot receive our service, due for example to unusual terrain or building construction. To take advantage of this you must, however, attempt to connect to our service and make your claim within 7 days of purchasing and receiving your modem.

The 7 day period is calculated in days as follows. The first day of connection to the service is Day 1 of the 7 day period, regardless of the time of connection to the service. The 7 day period ends when our phone lines close for the night on the 7th day of connection. For example, if you signed up at any time on Tuesday 1 May 2007, you must have made your claim before our phone lines close on Monday 7th May 2007. Remember our phone lines close at 10.30pm on weekdays and at 5.00pm on weekends and public holidays.

Software we provide to you is licensed (or sublicensed) to you only for your use with our Services.

We retain all our intellectual property rights in the Services, any modem you acquire from us, any software we provide you, and the content of our website.

You are subject to the monthly usage limit specified in your nominated access plan (details of which can be found on the Plans and Pricing page on our website).

If you reach your specified monthly usage quota, there are no extra charges but the speed of your access to our Services will be slowed to 32/32 kbps (32kbps is the download speed and 32kbps is the upload speed). We will do our best to email you before this happens and again when it happens (make sure we always have your current email address!). You will not be charged for additional usage while your service is throttled.

You may increase your usage quota once per month at any time after your first month by shifting to a higher plan. We will do our best to email you when you are close to reaching the limit of your monthly usage quota to give you the opportunity to upgrade before you reach your limit. Remember you can upgrade once a month at any time after your first month and the upgrade will take effect (almost) immediately: you don't have to wait until the end of your billing month. You should be aware that certain activities will substantially contribute to your monthly quota, including downloading video files, applications software, MP3 files and data sharing software such as Kazaa and Gnutella (our Acceptable Use Policy also governs some of these activities). We may also apply shaping to traffic of this kind if it is affecting our network.

If you would like more detailed information about activities that may contribute to your usage, please contact us or refer to our website.

We want to give you the best service possible, but some things are beyond our control and we can't accept responsibility for them. We are not responsible for any Services failure which occurs:

1. due to fault with anything we have not supplied to you, such as your own computer;
2. because you do not use the Services correctly;
3. because you do not setup your modem correctly as per our instructions;
4. because you do not update software we provide to you;
5. because you do not let us update software supplied to you; or
6. because of anything else outside of our reasonable control (eg. a natural disaster, as described at 15 below).

We also can't accept responsibility for everything that happens to your modem. Don't use it in the bath!

We are not responsible for repairing or replacing a modem if it is defective due to:

1. any abuse, misuse, neglect, mishandling or misapplication; any accident by you or a third party; any improper maintenance or service, including opening of the modem case by anyone but our authorised technicians or connection to external antennas that are not approved by us; or any unusual hazards affecting the modem or failure to provide a suitable environment for the modem (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);
2. electrical supply problems or damage to the battery or caused by the battery (if you have one) resulting from misuse; or
3. natural disasters (including for example floods, lightning and fire), acts of terrorism, or any other cause beyond our reasonable control.

We have tried to make our Services compatible with popular software packages and computer configurations. Visit our minimum System Requirements section of the web site to check compatibility. However, we are not responsible for ensuring that the Services, modem or software we provide will be compatible with your computer, other equipment, software or data. If you find our modem or Services are not compatible with your equipment or what you want to do with it, take advantage of our 7 day money back guarantee.

You are responsible for what you do. We are not responsible for:

1. ensuring the data you access or make available through our Services will be private, secure or free of anything which may damage your equipment or data; or
2. the content or reliability of any information or software you access or make available through our Services.

You accept responsibility for all information and material you send or make available via our services. You mustn't publish or make available any material which is illegal. You also acknowledge that Unwired doesn't check or approve anything available to you when you use our Services: you access and use such information and material at your own risk.

You are responsible for the use you make of your modem and our Services. You must:

1. keep your modem secure against use by other parties. You are liable for all fees resulting from use of our Services when accessed using your modem, whether authorised by you or not. If your modem is lost or stolen, notify us immediately: you will be liable for its use until we receive your notification, when we will suspend its use. You will be responsible for replacing it. If you do you will be able to pick up your existing contract where you left off. If you choose not to and you have some time on your contract to run, you will have to pay any applicable cancellation fee;
2. keep confidential all identification and log-in information required to access our Services. You are liable for all fees resulting from use of our Services when accessed using your log-in information, whether authorised by you or not;
3. comply with our usage policies in place from time to time (a copy of our Acceptable Use Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you permit to access our Services also complies with these policies;
4. immediately report any misuse of your account or disclosure of your security data;
5. not resell the Services we provide to you;
6. pay for the Services in full by the due date nominated by us on your bill via credit card or other method offered by us from time to time. This will happen automatically but you must ensure that your credit card or other account details are kept up to date, for example if your card expires and you get a new one with a new expiry date or account number, or you change the account from which direct debits are made. If you do not, or if you enter incorrect details at join up, your service may be suspended while records are updated so that payment can go through. You will be charged service fees during any such suspension. You must tell us immediately if your card is lost or stolen, and immediately nominate a new card for your Unwired account;
7. ensure that all information you provide to us is correct, and kept up to date. You must regularly check for emails from us at the default email address we provide to you (or any other reliable email address you have given us) as we may send you important notices about the Service using this email address, for example about your limit or planned upgrades or outages;
8. provide your own computer set-up protection, including virus protection technology and firewalls (you may choose to acquire additional security products from us, subject to the terms and conditions governing the supply of those products as featured on our website). We strongly recommend that you install anti-virus and firewall software; and
9. reimburse us for any loss or damage we suffer if you breach these Terms.

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

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus, or a virus has been introduced to our network from your computer.

All of our charges are set out on our website. Please review these charges before you sign up to a plan. These charges may be updated from time to time, subject to:

1. any fixed pricing commitments that we make to you; and
2. our obligations under 24 below (relating to notification and your rights of termination).

If you are on a restricted usage plan and you do not fully utilise your available usage in any particular billing month, it cannot be carried over to the next month.

If you end the Services during a billing period, Service fees paid will not be refunded. You may only end the services during a billing period if you are not on a fixed term contract.

If you have agreed to take Services for a specified contract term, you must maintain your Services until the end of the term or pay any applicable cancellation fee, regardless of your reason for leaving us. This cancellation fee will be charged to the account you paid us from. If you joined on a Fast Internet plan, with a speed of 64k or 124k, the most you will pay as a cancellation fee will be the monthly fee for the plan you chose when you joined up times the number of full months remaining in the contract term. If you joined on one of our broadband plans, with a speed of 256k and above, the most you will pay as a cancellation fee will be the monthly fee of $29.95 times the number of full months remaining in the contract term.

Remember, if you joined up on a plan with a fixed term contract, and you upgrade to a plan without a contract term, you will still be bound by the term of the contract for the plan you joined up on, for the remainder of that original term (23 below).

You must pay to us an amount equal to any GST payable on the supply of the Services. Unless expressly stated otherwise, all charges under these Terms (ie as set out on our website) are inclusive of GST. Charges on your bill are rounded when GST is applied and may vary a little for that reason. You will never be disadvantaged by this.

Every month we will send an email to your nominated email address with a link to your invoice. If you believe there is a mistake in your invoice, please inform us as soon as possible and we will investigate your query.

You must provide us with and maintain accurate credit card or bank account details.

You agree that:

1. We will invoice you monthly until termination on approximately the same day each month following your commencement of the Services, on the day the charges on the invoice fall due; and we will automatically charge the invoiced amount to your nominated account on or about 3 business days later. This invoiced amount will include monthly charges for service, and charges for any additional features purchased. It will also include any ancillary charges incurred by you in advance of your invoice being issued.
2. We are entitled to charge your account at or after termination for any outstanding fees you may owe us, including any applicable cancellation fees.

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

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

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

If you choose to pay using an American Express card a small surcharge will be added to your bill. This surcharge is not refundable.

The warranties that apply to equipment are described at 8 above. The following refers to implied conditions and warranties that may be otherwise relevant to the Service.

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

Where our liability cannot be excluded by legislation (including the Trade Practices Act 1974 (Cth) and state fair trading legislation) any condition or warranty implied by that legislation will be included in these Terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:

1. if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods or the cost of replacing, repairing or acquiring equivalent goods; and
2. if the breach related to services, the resupply of the services or the payment of the cost of having the services resupplied.

This agreement begins on the date you order our Services, and continues until terminated in accordance with these Terms. We may terminate your Services if you breach these Terms in a material way.

If you elect to terminate the Services before the end of your nominated contract period, we may impose the cancellation fee applicable to the plan you chose when you joined up, if any. This cancellation fee will also apply if we terminate your Services due to your material breach of these Terms or our AUP.

If you joined up on a plan with a fixed term contract, and you upgrade to a plan without a contract term, you will still be bound by the term of the contract for the plan you joined up on, for the remainder of that original term.

You must give us at least 7 days notice of termination, and notice must be given at least 7 days before the end of the current billing period.

We may terminate the Services immediately if we cease to provide services on our network or if we have reasonable grounds to believe:

1. a threat or risk exists to the security of the Service; or
2. the provision of the Service may cause death, personal injury or damage to property; or
3. cessation of the Services is necessary for us to comply with our legal obligations (including legislative changes) or Court orders.

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

We may vary these Terms or any information contained on our website at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change and we will allow you the option of terminating the Services without penalty.

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

We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond asking us not to send you any more. However, all of our official communication with you will be by email: notice of upgrades and outages, invoices and so on. You agree as part of your acceptance of these terms and conditions to our sending you emails for those and related purposes.

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

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

You may not transfer your service. You are free to transfer ownership of your modem but if you do and you no longer wish to be responsible for payment you must cancel your service and the new owner must enter into a new contract with us.

These Terms govern the supply of our Services under the Commonwealth Government's Broadband Connect and Metro Broadband Connect scheme, and any modem or other equipment you buy from us.

If you are a Broadband Connect or Metro Broadband Connect customer you must follow the procedures required to determine your eligibility to be a Broadband Connect or Metro Broadband Connect Customer and the eligibility of your premises to receive Broadband Connect or Metro Broadband Connect Services.

As a Broadband Connect or Metro Broadband Connect Customer we guarantee to provide the following threshold level of Service to you for as long as you remain a continuous customer under any of our Broadband Connect or Metro Broadband Connect plans.

The following terms and condition will apply specifically to you as a Broadband Connect or Metro Broadband Connect customer.

• Unwired may not change these terms and conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts (the department).
• Unwired will provide you with Service under those plans for a minimum of three (3) years from the date you first connect to those plans. The maximum term of the Broadband Connect or Metro Broadband Connect Service may not exceed 36 months from initial Service commencement. After the initial term of the contract the customer will be able to re-contract up to a maximum of 36 months from the initial contract date on Broadband Connect or Metro Broadband Connect terms.
• The overall price of the Broadband Connect or Metro Broadband Connect service being provided will not be increased for three years from the commencement of the provision of the service without agreement from the department.
• Unwired will allow you to migrate between Broadband Connect or Metro Broadband Connect Services within the technology platform at no penalty and may return to the previous Broadband Connect or Metro Broadband Connect Service on not less than one month's written notice to Unwired.
• You agree to provide the necessary information required to provide a truthful attestation to enable Unwired to make a legitimate claim to the Department of Communications, Information Technology and the Arts ('the department') for an incentive payment for supplying the Broadband Connect or Metro Broadband Connect Service.
• Unwired will abide by the performance requirements for data speeds and service availability in accordance with the Higher Bandwidth Incentive Scheme guidelines.
• Unwired agrees to fully participate in the Department's performance reporting regime for the life of your contract
• Any notice given by Unwired under your agreement may be given by e-mail to your e-mail account.
• Unwired will provide the monthly limit of Download as stated in Megabytes in the plan at the speeds specified in the plan and when this limit is exceeded we will continue to provide services to you capped at a speed rate restricted to 32kb/s unless you opt to transfer to a plan providing higher access volumes.
• Unwired will provide you with the ability to log fault reports at any time 24 hours per day free of charge and will repair any faults with the Service that are caused by Unwired within the timeframes agreed to between Unwired and the Department.
• Unwired commits to support the connection of a new Service within 4 days of the Customer signing the contract. In the event of a Service outage or fault for which the Service Provider is responsible, the Service Provider commits to restoration of the Service within 4 days.
• Unwired commits to provide a Service with average data download and upload speeds of at least 60% of the Service's nominated peak speeds at least 75% of the time as measured according to a prescribed Broadband Connect or Metro Broadband Connect testing schedule. The Service Provider commits to the Service being available at least 99% of the time, averaged over a quarterly period.
• Unwired will provide you with access to a help desk facility which will be available to provide support during the following hours: Mon - Fri: 7.30am - 11.30pm , Sat - Sun: 9.00am - 5.00pm, Public Holidays: 9.00am - 5.00pm at no additional cost
• Unwired will make usage information on your access and volumes available to you and we will keep this information updated on a daily basis.
• Unwired commits to provide the Customer with full information about the Service, as required by Broadband Connect or Metro Broadband Connect.

If you change plan and the plan you change to is not covered by a Broadband Connect or Metro Broadband Connect Service that has been approved by the Commonwealth Department of Communications Information Technology and the Arts, then you agree that you have decided that your relationship with us will no longer be governed by these Terms and you agree to be bound by the general Terms and Conditions of our Services that apply to all customers outside the Broadband Connect or Metro Broadband Connect scheme.