GENERAL TERMS & CONDITIONS OF WIRELESS BROADBAND SERVICE

1. You agree to pay for all services acquired from ThinAir Communications Ltd by the due date as stated on invoices unless prior agreement has been made. All invoices are issued for full payment to be made one month in advance. ThinAir Communications Ltd reserves the right to restrict or suspend services for non-payment at any time without notice. Failure to pay invoices by the due date may result in your account being referred to a debt collection agency where you will be liable for the collection costs in addition to the outstanding amount. Should an invoice fall two months overdue, or in the event of repeated late payments, ThinAir Communications Ltd reserves the right to require you to set up a direct debit for future payments. A non-compliance with such a request may result in your connection being terminated.

2. You must be at least 18 years or older to register for this service. If at any time we find that the account holder is younger than 18 years of age, we may immediately terminate the associated services, or hold the parents/guardians responsible for any charges incurred whilst using our services.

3. ThinAir Communications Ltd reserves the right to refuse subscription without giving a reason for such refusal.

4. For a new installation of our wireless broadband service, it may take up to 14 working days to be completed from the day you are informed of a positive signal test.

5. The billing cycle for our wireless broadband connections is from the 1st day of each month to midnight of the last of the month.

6. ThinAir Communications Ltd will issue the user a monthly tax invoice (either electronically or on paper) for use of the service.

7. If your account is overdue after 8 weeks we may:

• suspend any or all of the services that you have asked us to provide
  

• charge you any disconnection and reconnection charges
  

• continue to charge you any recurring monthly charges applicable for those services during the period of suspension until such time as you provide notice of your intentions to withdraw from using our services
  

• remove any wireless equipment at your installation point and charge you any applicable costs including but not limited to early disconnection fees, travel and petrol surcharges
  

• charge you an overdue account fee (also known as a late payment penalty) for every month you have an overdue balance
  

• refer your account to a debt collection agency as stated in Paragraph 1.
  

8. During the installation of your wireless broadband connection, it will be necessary to run cabling from the antenna mounted on your rooftop to a suitable point inside the house (generally near the main computer). ThinAir Communications Ltd is not obliged to run cabling inside wall cavities - however, if you require cabling to run in this fashion, we require the use of an electrician contractor and this cost will be passed onto you.

9. Upon termination of the users' access to the services, all outstanding invoices to the user from ThinAir Communications Ltd under these terms and conditions will be immediately due and payable without delay and upon demand. In the event that a term contract applies to your connection, there may be extra charges and fees for the disconnection and removal of equipment that will also become immediately due and payable.

10. ThinAir Communications Ltd may employ Quality of Service rules to your wireless broadband service in order to prioritize time-sensitive and realtime applications such as VoIP, website traffic, email and instant messenging applications.

11. All client premise equipment hardware installed at your location remains the property of ThinAir Communications Ltd. Any accidental or wilful damage as a result of carelessness or otherwise causing hardware malfunction will incur additional charges to replace and/or repair hardware.

12. System abuse is strictly prohibited. ThinAir Communications Ltd may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse.

13. Users are not permitted to send multiple unsolicited e-mail (spam) to single or multiple users including, but
not limited to, advertising email.

14. Re-selling of bandwidth is neither prohibited nor supported. ThinAir Communications Ltd will not provide assistance in this area.

15. Maintenance of the wireless receiver remains the responsibility of ThinAir Communications Ltd. The client is not permitted to interfere or tamper with the wireless receiver in anyway.

16. You agree that the follow people are not liable to you in relation to our services: our employees, contractors, officers, agents, network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).

17. You acknowledge that any claims made about speed of service are burstable peaks and not guarantees. Speed claims are maximum burst speeds only and no guarantees are made for national and international traffic, or any particular type of traffic.

18. Latency is not guaranteed, but should remain well below 100ms one-way across the line only. There are no jitter guarantees.

19. While all best efforts are made to ensure minimum downtime, this service is not guaranteed to be fault free or continuous because of the nature of connectivity. Radio interference and physical obstructions may hinder performance. We take no responsibility for any consequential loss and ThinAir Communications' liability is limited to the value of its services provided.

20. During the operation of an Internet system, it is occasionally necessary to monitor information. ThinAir Communications Ltd reserves the right to monitor any traffic through the system.

21. You agree that we can collect information about you (such as your home address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will ask you for this information or we will obtain it from our records. You agree that all the information you give us is correct and compete. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations.

22. The customer is liable for any fire, theft or damage of any equipment installed whilst it is in your possession. It is your responsibility to have insurance cover against potential liability.

23. ThinAir Communications Ltd owns the wireless broadband service and all rights to the service, including certain equipment installed at the users' site that enables the service. ThinAir Communications Ltd owns all right, title, and interest in and to the service, the wireless network and equipment provided to the user by ThinAir Communications Ltd

24. ThinAir Communications Ltd does not guarantee service availability anywhere. If you change location and you are unable to get service at your new premises, you will not be entitled to a refund of the installation cost in full, or in part, irrespective of the length of time you have been using this service.

25. You accept that there is no contract term of service with ThinAir Communications Ltd. Should you chose to discontinue using this service, you accept that you will not be entitled to a refund of the installation cost in full, or in part, irrespective of the length of time you have been using this service. You also agree unreservedly to allow us access to your proprty for the purpose of reclaiming equipment as outlined in paragraph 23.

26. All security and firewalling (including router configuration) is the responsibility of the customer. If you choose to provide your own router, it is up to you to configure it appropriately. If you require assistance in configuring it, this will be charged at our usual business and/or after hours rate.

27. It is your responsibility to ensure the "line of site" of your wireless receiver remains uninterrupted after the installation has been completed. It is over to you to arrange removal of trees, alterations to buildings etc that may come to interfere with your service over time.

28. ThinAir Communications Ltd reserves the right to change these terms and conditions and any other policies that apply without notice.

29. By signing up and using this service you agree to abide by at all times the terms and conditions listed above.

GENERAL TERMS & CONDITIONS OF NETVOICE SERVICE

1. You agree to pay for all services acquired from ThinAir Communications Ltd by the due date as stated on invoices unless prior agreement has been made. We reserve the right to restrict or suspend service for non-payment at any time with or without notice. Failure to pay invoices by the due date will result in your account being referred to a debt collection agency where you will be liable for collection costs in addition to the outstanding amount. Should an invoice fall two months overdue, or in the event of repeated late payments, ThinAir Communications Ltd reserves the right to require you to set up a direct debit for future payments. A non-compliance with such a request may result in your connection being terminated.

2. You must be at least 18 years or older to register for this service. If at any time we find that the account holder is younger than 18 years of age, we may immediately terminate the associated services, or hold the parents/guardians responsible for any charges incurred whilst using our services.

3. ThinAir Communications Ltd reserves the right to refuse subscription without giving a reason for such refusal.

4. You must be connected and accessible to the Internet continuously in order to use NetVoice as a normal phone service.

5. You agree to pay for all chargeable calls made from your direct dial number by the due date as stated on invoices and ThinAir Communications Ltd reserve the right to restrict or suspend service for non-payment at any time with or without notice.

6. While all best efforts are made to ensure minimum downtime, this service is not guaranteed to be fault free or continuous because this service is operating via third party SIP trunks. We take no responsibility for any consequential loss and ThinAir Communications' liability is limited to the value of its services provided.

7. While ThinAir Communications Ltd will take all practical steps to ensure the NetVoice service is available, you understand and accept that NetVoice Voice over IP is a best effort service. ThinAir Communications Ltd accepts no liability for any consequential loss including, but not limited to, loss of business, income or personal expense as a result of dropped phone calls, faxes or EFTPOS transactions due to insufficient broadband conditions causing a disruptive Voice over IP experience. Furthermore, you accept that all chargable calls will be invoiced to you irrespective of the quality of the call except where ThinAir Communications Ltd, in its sole discretion, accepts the fault was caused by events deemed to be practically within its control.
ThinAir Communications' liability is limited to the value of its services provided.

8. ThinAir Communications does not guarantee that devices other than a standard voice only telephone (or fax) will function correctly over the NetVoice service. This includes (but is not limited to) modems, Sky TV decoders, home alarms and medical alarms. It is your responsibility to investigate all possible implications before signing up. If you chose to disconnect because a device other than a telephone fails to operate, you will not be entitled to a refund, in part or in full, of the setup costs, number porting costs and any other costs incurred when being connected to the NetVoice service.

9. For a new installation of our NetVoice service, it may take up to 7 working days to have a Direct Dial number provisioned to our servers.

10. Number ports of existing numbers may take up to 21 days to be provisioned to our servers.

11. If you are using our NetVoice service over a different ISP, it is your responsibility to ensure there is adequate bandwidth to support the call to avoid disruption. A single phone call will consume 160kbps.

12. It is your responsibility to ensure your line conditions (if using a DSL/Cable service) are adequate if using our NetVoice service. We recommend a line attenuation of <40dB with a latency of <80ms. ThinAir Communications Ltd does not take responsibility for failed voice calls due to unstable DSL/Cable connections. (Please refer to paragraph 7)

13. If you have ported your existing number from another carrier, we make no guarantee you will be able to port your number back to them once the churn is complete. It is your responsibility to ensure the procedure can be reversed.

14. System Abuse is strictly prohibited. ThinAir Communications Ltd may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse.

15. NetVoice is designed to work with SIP (Session Initiated Protocol) connections either via an ATA adapter, IP Phone or Soft Phone. If you wish to use a distribution of Asterisk with this service, you may contact the helpdesk to receive these settings.

16. Re-selling of SIP trunks is neither prohibited nor supported. ThinAir Communications Ltd will not provide assistance in this area.

17. You agree that the follow people are not liable to you in relation to our services: our employees, contractors, officers, agents, network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).

18. The billing cycle for our NetVoice connections is from the 1st day of each month to midnight of the last of the month.

19. Information may be recorded electronically relating to your NetVoice account - including but not limited to callerID, Duration of call and any relevant personal details. During the operation of a Voice over IP system, it is occasionally necessary to monitor information. ThinAir Communications Ltd reserves the right to monitor any phone call that passes through our servers.

20. You agree that we can collect information about you (such as your home address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will ask you for this information or we will obtain it from our records. You agree that all the information you give us is correct and complete. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations.

21. Upon termination of the users' access to the services, all payments due by the user to ThinAir Communications Ltd under these terms and conditions will be immediately due and payable, and the user agrees that any such monies will be paid to ThinAir Communications Ltd immediately upon demand. In the event that a term contract applies to your connection then there may be extra charges and fees for the disconnection and removal of equipment that will also become immediately due and payable.

22. ThinAir Communications Ltd owns the NetVoice Voice over IP service and all rights to the service, including certain equipment installed at the users' site that enables the service. ThinAir Communications Ltd owns all right, title, and interest in and to the service, the NetVoice VoIP network and equipment provided to the user by ThinAir Communications Ltd. The user agrees to return ThinAir Communications Ltd equipment within 7 days of termination or be liable for all costs involved in the recovery or the replacement of the equipment.

23. 0900 numbers are not currently supported. You will not be able to call these numbers.

24. You understand and accept that the NetVoice service is not required to support emergency calls (111). ThinAir Communications Ltd accepts no responsibility for any consequential loss as a result of failure to complete any such calls.

25. You understand that this VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however circumstances beyond our control such as power outages or the performance of your Internet connection may disrupt the service we provide. (Please refer to paragraph 7)

26. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.

27. We may at any time change these terms and conditions and any other policies that apply without notice.

28. By signing up and using this service you agree to abide by at all times the terms and conditions listed above.

ACCEPTABLE USAGE POLICY FOR WIRELESS FLEXIPLAN

1. The FlexiPlan has a 'soft cap' of 20GB during any one month. You will receive friendly usage notifications at 20GB, 40GB and a final warning at 60GB to limit and/or restrict your internet usage. If you continue, and use more than 65GB, you will be moved on to the 60GB capped plan effective from the next monthly billing cycle.

2. There is no guarantee that any P2P or any kind of torrent applications will function correctly while you are subscribed to the FlexiPlan. If you do require to have 100% working P2P applications you will need to subscribe to a capped data plan.

3. The FlexiPlan is placed at a lower priority than capped data plans. If users on capped plans require the bandwidth then speeds may reduce for users on the FlexiPlan to provide sufficient bandwidth for capped users. A commited information rate of 2Mbps will be sustained across the FlexiPlan queue.