Internet Acceptable Use Policy
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING SUPERNERD NETWORK AND SYSTEMS.
BY USING ANY SUPERNERD SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.

General Usage
Responsible Usage
You must take responsibility for your actions on the network and systems you access through SuperNerd. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger SuperNerd network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage
SuperNerd requires you to act responsibly when consuming resources on SuperNerd network and systems. If you unreasonably consume excess resources on SuperNerd network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage
SuperNerd requires you to take responsibility for maintaining the security of your SuperNerd Internet service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorised Usage
General
SuperNerd services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage
Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of SuperNerd or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via SuperNerd, sending harassing or threatening email, instant messaging or SMS, and forgery or attempted forgery of e-mail messages and Usenet, news postings.

You will be held liable for, and indemnify SuperNerd for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage
You must not use, or allow any other person to use, the SuperNerd network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright
It is your responsibility not to store on a SuperNerd system, transfer or cause to be transferred over the SuperNerd network, reproduce or make available for distribution through the SuperNerd network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth).

Content
SuperNerd does not and cannot monitor or control the content and information accessed via SuperNerd; SuperNerd only provides access. SuperNerd shall not be held responsible in any way for the content of the information accessed via SuperNerd or offered for public access via SuperNerd.

It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on the SuperNerd network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, instant messaging, SMS, chat or discussion forums and Usenet news.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic), Classifications (Publications, Films and Computer Games) Act 1995 (SA) or under other applicable state and/or Commonwealth Laws, including the Broadcasting Services Act, 1992 (as amended). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities
SuperNerd reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the SuperNerd network and systems is occurring. SuperNerd co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems. SuperNerd reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Our Commitment to You

SuperNerd is committed to the protection of personal privacy. We have implemented a set of privacy principles based on the obligations under the Privacy Act 1988 (the ‘Privacy Act’), including the sections of the Act introduced as of 21st December 2001.

Collection of personal information

1. Our privacy policy will cover all information that you as the customer may regard as private or sensitive
2. Most of the personal information such as name, address, date of birth, telephone numbers, company details and credit card details are collected to establish the best service to our customers. Giving this information is fully optional. However without it we cannot provide you with our services and to;
   
   1. Keep you informed of and improve our services.
   2. Comply with any applicable laws.
   3. Enable technical set up of your service (internet connection and web hosting services).
   4. Fully understand your service requirements.
   5. Market any other services we or anyone else may offer.
   6. Respond to your questions.
   7. Invoice and collect payments.
   8. Identify you when you want to access or modify your service details.
3. We may collect caller line identification (CLI) information relating to any telephone calls that are made to our dial up service. This may be stored by us for reasons which include billing, call management and possible fraud prevention. This information can be collected even with a CLI blocking request.

Sensitive Information

1. We will not use or disclose sensitive information about you (such as racial or ethnic origin, political opinions, memberships, religious beliefs, sexual preference, health any possible criminal) unless you consent, where it is required/permitted by law or in circumstances where it is required in the course of providing our services to you.

Disclosure of personal information

1. We treat your personal information as strictly private and confidential. We will not disclose your personal information outside of SuperNerd unless:
   
   1. You consent.
   2. It is for external administrative purposes and on a strictly confidential basis (e.g. photocopying services).
   3. We are required to do so by law.
   4. It is for credit recording agencies.
   5. It is for our service suppliers including support services.
   6. It is for any party that we sell any part of our assets.

Security of personal information collected

1. We will work hard to protect the confidentiality of your personal information, account information and personal communications.
2. Internal processes and procedures have been implemented to protect customer information from misuse, loss and unauthorised access or modification.
3. You must appreciate that the internet is not a secure environment. Hence any information you send via the internet (including any e-mail addresses) is sent at your risk.

Your consent to this agreement

1. By using our website, you consent to the collection and use of information by us on the basis specified above.
2. If we decide to change this customer privacy policy, we will amend it on our website so that you are aware of the way we are collecting, protecting and disclosing personal information at all

General Bundling Terms & Conditions
Bundling as stated will mean the combination of telephony &internet services, specifically ADSL2+ on the Optus ULL network.

The customer is aware the service will be on an Unconditioned Local Loop Service (ULLS - where the Carrier has full access to the copper line. Carrier physically terminates line from customers premises to their own equipment located in Telstra’s exchanges).

The terms and conditions upon which a SuperNerd ADSL2+ bundle package will be made available include:

1. Account Details
The name, address and other account details provided by an eligible Customer must be the same for each relevant SuperNerd Product and billed to the same account;

2. Applications

1. A Broadband ADSL2+ service will only be offered as a SuperNerd ADSL2+ bundled product, which includes the telephony and internet service. These services are not offered separately and cancellation fees will apply if one service is cancelled, churned or ported away.
2. It is the customers’ responsibility to provide SuperNerd with their Phone Provider's Account number if they are transferring their Phone Service.
3. Should a customer opt to change or cancel an account during submission, charges may apply. If at point of no return (PONR), SuperNerd will be unable to make those changes until the application is complete. Charges may apply.
4. A 12 or 24 month commitment for both services is required or an early termination fee will apply if either product is cancelled.
5. The customer is aware the service is not available in all locations.
6. Only one bundled package is permitted per product i.e. telephony & internet on the Optus ULL network.

3. Service Provision

1. SuperNerd may provide the Service to the Customer upon satisfaction of the following:
   
   • Receipt of an appropriate application form and, if required, a transfer authority;
   • Compliance with SuperNerd credit requirements; and
   • Establishment of a direct debit or credit card authority.
2. This agreement may be suspended or terminated by SuperNerd, in its sole discretion, if at any time during the term:
   
   • The Customer is in breach of any term of this agreement, including clause 4;
   • SuperNerd is unable to supply or provide the Service;
   • SuperNerd believes, based on information provided by the Customer, that current or future amounts owing may be left unpaid by the Customer; or
   • SuperNerd is advised to do so by 'The Carrier' or any Government Agency or pursuant to any law.
3. In the event of a termination or suspension of the Service:
   
   • SuperNerd shall, where possible, provide the Customer with reasonable written notice of the event and the grounds upon which it is based; and
   • All monies owing to SuperNerd by a Customer as at the date of termination or suspension will immediately be due and payable to SuperNerd.
4. The Customer acknowledges SuperNerd cannot and does not represent or warrant the provision and delivery of the Service will be error free or uninterrupted.
5. SuperNerd may obtain a copy of the credit record of the Customer from a credit reporting agency for the purpose of determining whether to provide the Service.
6. Where trenching is required the order cannot proceed; the customer will need to have the new line connected via alternative means.
7. Upon transferring to a ULLS the Customer will give up all previous contractual rights with the current telephone service provider (e.g. discount plans, charity concessions) and acknowledge certain functions and facilities provided by the current telephone service provider may not be available from SuperNerd
8. The customer’s current provider or providers will continue billing them for their services until such time each component is transferred successfully and it is their responsibility to fulfil any contractual obligations with them.
9. The customer will need to contact their current telephone/internet service provider in relation to providing services and fault assistance until the connection/transfer is completed.
10. Timeframes for connection/transfer to ULLS (from submission of request):
    
    • Port Orders and New Service Orders are connected in approximately 21 days
11. A ‘Port Order’ is where the Customer wishes to transfer an existing service number to SuperNerd and the service is not currently provided by a carrier on the Optus ULL network.
    
    • Port Orders will currently only be accepted where Telstra or a Telstra reseller is the losing carrier.
    • In the event the customer has a service provided with a non-Telstra provider who has their own DSLAM equipment/ASDL2+ service, the customer will need to contact their current provider to disconnect their Broadband service, once disconnection has been confirmed (codes removed) then a Port Order can be placed.
    • Only Simple telephone services will be available as a ‘Port Order’, Complex telephone services will not be supported. (I.e. Line Hunt, Multiple Number or Duet Number, Customer Loop Metering, Faxstream, Indial, ISDN, MessageBank Away/Call Manager).
    • Complex ports (i.e. spectrum line sharing services) are not available as a ‘Port Order’, as in (b) above the customer will need to contact their current carrier to disconnect their Broadband service prior to a Port Order being requested.
    • During cutover there will be a delay between two (2) - fifteen (15) minutes up to a maximum of two (2) hours for both their telephony and internet service.
12. A ‘New Service Order’ is a request to provision a new ULL Broadband and Telephony Service to a Customer’s address. A ‘New Service Order’ can be used when:
    
    • There is no existing Service or pending order at the Customer’s address.
    • A customer requests a new service in addition to the service they currently receive.
13. A ‘Churn Order’ is where the Customer wishes to transfer their existing Telephone and Broadband service to SuperNerd, which is currently being provided by another ULL provider that is compatible to the service SuperNerd offers.
14. The Customer acknowledges:
    
    • Some disruption to the standard telephone service carried by that line may occur during installation of the Service;
    • Disconnection of the standard telephone line that also carries the ADSL2+ Service may cause the Service to be terminated (if this occurs the Customer will be liable to pay all Service reinstallation and cancellation fees);
    • Prior to entering into this agreement the Customer has obtained all consent required for the Service installation by SuperNerd, including the consent of any owner, landlord or licensor of the premises in which the Service is to be installed; and
    • The installation by SuperNerd of any security-monitoring or other service at Customer premises may cause temporary disruption to the Service, the standard telephone service carried by the line used for carriage of the Service and/or any existing security-monitoring services.
15. The Customer will not use any products or services that are incompatible with the Service on or in conjunction with any telephone line used to carry the Service.
16. The Customer must direct all service, support and other queries to SuperNerd. SuperNerd will pass on, at the expense of the Customer, any fees charged by third-party entities contacted or engaged directly by SuperNerd to respond to such communication from the Customer.
17. The customer agrees to waive the Customer Service Guarantee (CSG) entitlement for the ADSL2+ phone and broadband connection only. The CSG may be impacted by circumstances beyond the Wholesale providers’ (i.e. Optus) control. The connection fee is either waived or reduced for all customers as a form of compensation.

4. Pricing
The prices of each bundle package can be found here.

5. Bundling Package

1. All ‘virtual phone numbers’ and/or fax, dual fax numbers, virtual message service numbers and/or 13/1300/1800 numbers will not form part of a bundle package;
2. Both Telephony and Broadband must remain as a bundled product or cancellation fees will apply;
3. Both services are submitted, provisioned and completed at the same time.
4. In the event the Customer Preselect to another telephone provider the ADSL2+ monthly plan fee will be increased by $5. If the Customer does not accept this price increase and proceed with termination of the Telephone and/or ADSL2+ service then the Cancellation Fee pursuant to 6 below.

6. Fees and Charges

1. A Connection Fee applies for all bundled Telephony and Broadband and is only available as a bundled product. Connection/Setup Fees can be found here. Cancellation/Disconnection fees will apply if one service is removed.
2. $165 Disconnection/Cancellation fee within the Contract period applies on a pro-rata basis.
3. A Re-Location Fee of $80 applies if you are changing your address and/or phone number. If there are not enough Optus ports available at the exchange of the new address or we can not connect your service for any reason, then a Cancellation Fee will apply if you are still within the Contract period.
4. A Re-Connection Fee of $80 applies if you are re-connecting your phone and/or ADSL2+ service.
5. If you are re-locating/re-connecting and you have less than 12 months before you complete your Contract period or you are out of Contract, then you will be required to begin a new 12 month Contract again. If you have 12 months or more left in your Contract period, then you will not be required to begin a new Contract, you will simply continue on your current Contract.
6. $165 early cancellation charge applies when a customer withdraws or cancels an order after the point of no return PONR (the PONR is 2 business days prior to the customer required date, CRD).
7. $60 cancellation fee applies if a request is cancelled prior to the PONR.

7. Customer Obligations

1. The Customer will:
   
   • Pay all charges presented in the SuperNerd account;
   • Ensure no misuse of the Service by any person;
   • Ensure that the Service is not used to transmit offensive, abusive, indecent, illegal, menacing, defamatory, illegal or hoax material or otherwise in the commission of any breach of any law;
   • Comply with all relevant laws pertaining to the use of telecommunications services in Australia;
   • Notify SuperNerd of any change of physical or contact address;
   • Notify SuperNerd if the Service is no longer required;
   • Indemnify SuperNerd in full for any loss or damage it may incur, direct or indirect and howsoever arising from the use of the Service by the Customer;
   • Direct all questions in relation to the Service to SuperNerd directly and to avoid ‘The Carrier’;
   • Be solely responsible for all charges billed prior to the date upon which the Customer is able to access the Service and shall indemnify and hold harmless SuperNerd in respect of all such charges;
   • Ensure that ‘The Carrier’ has reasonable access to the premises of the Customer to install, inspect or maintain the Facilities; and
   • Engage SuperNerd as its exclusive supplier for line rental and for all long distance calls (including calls to mobiles).
2. If, at any time whilst this agreement is in force, the Customer elects to engage a third party to supply the Service, SuperNerd may elect to countermand such a decision and revert supply of the Service to the Customer back to SuperNerd. In such an event, SuperNerd will use reasonable endeavours to notify the Customer of its decision.

8. SuperNerd Rights
SuperNerd retains the right to remove, vary, alter or terminate a bundle package at any time;

1. SuperNerd (and/or 'The Carrier') may amend the technical specifications of the Service at any time for operational reasons. SuperNerd will use its best endeavours to provide the Customer with prior notice of any such changes that may have a significant detrimental impact upon the use of the Service by the Customer. The Customer agrees and accepts that SuperNerd may be unable to provide such prior notice.

9. Accounts

1. All fees and charges relating to the Service are available on the SuperNerd website at: www.supernerd.com.au
   These fees and charges may be varied by SuperNerd at its discretion at any time and any altered charges will apply to the Customer from the time they are published on the SuperNerd website.
2. The Customer acknowledges that due to processing and other delays certain calls may not appear in a SuperNerd account from the previous month. Any such calls not appearing in a monthly account will be carried over to the next monthly SuperNerd account.
3. All SuperNerd accounts must be paid automatically by credit card or direct debit.
4. The monthly SuperNerd account of any Customer will include a separate invoice for each service supplied by SuperNerd. All Service accounts will include a summary of each type of phone call listed in clause 3.
5. Any Customer who elects to receive their monthly account by post:
   
   • Will incur an additional administration charge of $1.50 per statement; and
   • Cannot receive call itemisation on its Customer Service account.
6. The Customer can access details of all calls listed in an account on the Members Area on the SuperNerd website.
7. The Customer agrees any and all data collected by SuperNerd suppliers and provided to SuperNerd shall constitute conclusive evidence of Service usage and the charges payable.
8. Where a SuperNerd account of the Customer remains overdue for more than one calendar month, SuperNerd may consider such non-payment a material breach and repudiation by the Customer of its obligations under this agreement and will be entitled to terminate this agreement immediately and without further notice to the Customer ("Customer Default"). Upon a Customer Default, all sums paid by the Customer to SuperNerd prior to the date of termination will become non refundable and all amounts owing to SuperNerd shall become immediately due and payable.
9. Upon a Customer Default, SuperNerd may appoint an agent to proceed with legal action to recover unpaid monies owed to it, including any interest. All liability for any collection costs and/or legal fees or other amounts arising from such action will be the sole responsibility of the Customer who agrees to reimburse SuperNerd for all costs incurred by it on an indemnity basis.
10. The Customer acknowledges that SuperNerd may, in its sole discretion and at any time, suspend or restrict access to the Service due to unusually high usage.

10. Disputes

1. If a Customer seeks to dispute an account, the Customer must submit written details of the dispute to the SuperNerd Accounts team ("Dispute").
2. SuperNerd will issue the Customer lodging a Dispute a reference number within seven (7) days of receipt and will use its best endeavours to investigate and resolve the Dispute within 30 days. SuperNerd will notify the Customer lodging the Dispute of the outcome of its investigations when they are complete.
3. Where a Dispute is upheld, SuperNerd will issue to the Customer a revised account, including all appropriate adjustments.
4. All undisputed amounts of any account must be paid in full when due, notwithstanding the existence of a Dispute.
5. If a Customer is unsatisfied with the outcome of a Dispute they may refer the Dispute to the SuperNerd Accounts Team Leader.

11. Conditions of Eligibility
SuperNerd may update these Conditions of Eligibility and the cost of each bundle package from time to time. Any changes will be notified to you via the e-mail address provided in the Customer Application and/or via an announcement on the SuperNerd website;

12. Terms and Conditions
A Customer who successfully subscribes to receive a bundle package must comply at all times with the relevant terms and conditions of each relevant SuperNerd Product Contract and the SuperNerd General Terms and Conditions. If the Customer breaches any of these agreements then Customer rights to receive a Bundling Package may be terminated by SuperNerd immediately and without notice to the Customer.

13. Period, Alteration and Law of Agreement

1. This agreement will commence when the line has been transferred to SuperNerd and continue on a monthly basis until the telephone line is transferred away from SuperNerd or the agreement is terminated in accordance with the terms herein.
2. The Customer acknowledges and accepts SuperNerd may be required to alter the terms of this agreement to ensure compliance with various laws including, but not limited to, Part 23 of the Telecommunications Act (Cth) 1997. SuperNerd will use its best endeavours to notify you prior to any such alteration being made.

14. Liability & Indemnity

1. The Customer agrees to the fullest extent permitted by law, to indemnify and hold harmless SuperNerd and its employees, contractors, agents and directors in full, from and against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising directly from a breach of this agreement by a Customer and/or use of the Service.
2. SuperNerd does not represent or warrant to the Customer that Services will be free of blockages or delays. The Customer agrees it will not hold SuperNerd responsible for any loss or damage to it, howsoever arising from any blockages and delays or other loss of Services under this agreement.
3. SuperNerd will use its best efforts to correct any faults reported to it at its earliest convenience.
4. Unless expressly stated in this agreement, all implied terms, conditions, warranties, undertakings, inducements and representations, statutory or otherwise, relating to the provision by SuperNerd of the Services to the Customer are excluded.
5. The Customer will not seek to hold SuperNerd liable in respect of any loss or damage (including consequential loss or damage) however caused and howsoever arising which may be suffered or incurred by a Customer or which may arise directly or indirectly in respect of this agreement.
6. The liability of SuperNerd in respect of any breach of this agreement or under any remedy implied by law (which cannot be excluded) will be limited at the option of SuperNerd to the reimbursement for the cost of supplying the initial Service.
7. SuperNerd assumes no liability to the Customer or any third party in respect of:
   
   • Unlawful acts or default of other suppliers, unless those suppliers (including contractors) have been engaged by SuperNerd for the purpose of supplying or maintaining a Service;
   • Faults or defects in Services caused by Customer conduct or misuse;
   • Faults or defects that arise in telecommunication services provided to a Customer other than under this agreement (even if they are connected with SuperNerd's consent to services which SuperNerd has arranged under this agreement) which may be due to incompatibility with SuperNerd Services; and
   • Any loss or damage (including consequential loss or damage) however caused that may arise directly or indirectly in respect of the Services.

15. Miscellaneous

1. All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.
2. A current copy of this agreement may be obtained on the SuperNerd website.
3. Prior to entering into this agreement, the Customer represents and warrants to SuperNerd the Customer has read, understood and agrees to be bound in full by this agreement and the SuperNerd General Terms and Conditions.
4. This agreement is to be governed and construed according to the laws in force in Victoria.

ADSL2+ Terms & Conditions
1. Nature of Service

1. The Customer acknowledges ADSL2+ is not compatible with all standard telephone lines and the suitability of the Service for the Customer will depend on various individual factors including Customer location, facilities, local telephone exchange facilities, and compatibility of Customer equipment with the SuperNerd Network.
2. Bandwidth limits specified in the relevant Customer Access Plan refer to the amount of data received by the Customer from the internet.
3. Dialup access for ADSL2+ customers is charged at $1.10 per hour during non-outage periods.
4. SuperNerd accepts no responsibility whatsoever for any and all data charges that may be incurred by the Customer in relation to data exchanged for MySuperNerd.
5. SuperNerd does not guarantee the availability of the Service to the Customer. Upon the commencement of this agreement, SuperNerd will investigate the availability of the Service to the Customer. Any costs incurred by SuperNerd in carrying out such an investigation may be charged to the Customer by SuperNerd.
6. If SuperNerd determines the Service cannot be provided to the Customer, this Agreement will terminate and neither party shall have any liability to the other, except that SuperNerd will refund any initial connection fees paid in advance by the Customer for the Service.
7. Should a fault occur once the application is complete, SuperNerd may provide the customer with a credit.
8. Should an application fail, the modem must be returned to be eligible for a reimbursement.
9. Charges for the Service will commence to accrue under the selected Monthly Monthly Plan from the earlier of the date that the Service is installed by SuperNerd or the date on which the Customer first uses the Service.

2. Service Levels

1. The connection speeds specified in the Access Plan selected by the Customer represents the maximum possible connection speed from SuperNerd to the Customer, and from the Customer to SuperNerd respectively. The Customer accepts that SuperNerd cannot guarantee the Service will achieve these theoretical maximum speeds.
2. The Customer acknowledges SuperNerd cannot represent or guarantee the continued availability of the Service. The Customer acknowledges the Service may be temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services and or other causes.
3. If, at any time, the Service becomes unavailable to the Customer for a continuous period of two hours, SuperNerd will provide the Customer with access to its analogue modem Dialup internet service for use until the Service becomes available.
4. Use of replacement service by the Customer will be included in the applicable monthly bandwidth limit for the Service.
5. The customer acknowledges when signing up to an ASDL2+ the line stated line speed of 24Mbps down and 1Mbps up represent the theoretical maximum line speed that can be negotiated. The actual line speed that can be negotiated is dependent on:
   
   • How far the customer lives away from the local telephone exchange,
   • Quality of the phone line,
   • Quality of the Broadband ADSL2+ modem and line filter,
   • The software configuration and application on the customers computer,
   • The number of services on the same copper hardware, i.e. how many of other customers are using the same hardware.

3. Installation

1. Upon determining Service availability to the Customer and payment of all relevant Initial fees, SuperNerd will provide the Customer with an approximate date for installation of the Service ("Installation Date"). SuperNerd may reschedule the Installation Date at any time for any reason and will liaise with the Customer to confirm suitability of an alternate date if required.
2. SuperNerd will install any telecommunications facilities the Customer may require to receive and utilise the Service at the premises of the Customer. SuperNerd may charge the Customer for any such installation required.
3. Any maintenance or reinstallation Services provided by SuperNerd to the Customer following installation will be carried out at the expense of the Customer.
4. SuperNerd will not be responsible for any loss or damage whatsoever arising from or in connection with configuring a Modem or installing any software on a Customer computer to enable a Customer to access the Service. The Customer acknowledges that difficulties may arise in the configuration of a modem for use with the Service beyond the control of SuperNerd.

4. Requirements of Service

1. The Customer must, at their own cost and expense, arrange to have the following on the Installation Date:
   
   • Standard telephone line connected and in service (unless the request is a New Service Order);
   • Standard power point in proximity to the telephone line outlet;
   • A router or modem for use with the Service approved by SuperNerd as being compatible with the SuperNerd network ("Customer Modem");
   • Computer that complies with SuperNerd Service specifications for connection to the Customer Modem ("Customer Computer");
   • Safe and legal access to the Customer's premises for the Service installation; and
   • If required by SuperNerd, the attendance of a Registered Cabler.
2. Full details of current Customer Modem and Customer Computer specifications required are available on the SuperNerd website at www.supernerd.com.au. The Customer represents and warrants to SuperNerd that the Customer has read, understood and agreed to those specifications as existing at the date of this agreement.
3. The Customer must not connect any equipment to the Service that does not meet SuperNerd specifications.
4. SuperNerd makes no representations, warranties or assurances that the Customer Modem or Customer Computer will be compatible with the Service.
5. It is the customers’ responsibility in the setup of all hardware, e.g. modem, etc.

5. Transfers and Cancellations

1. The Customer may not assign, transfer or otherwise dispose of the Service to another third party without the prior written consent of SuperNerd.
2. The Customer may not resell the Service or otherwise use the Service in competition with SuperNerd.
3. The Customer may cancel the Service on seven (7) days written notice to SuperNerd. The Customer will be liable to SuperNerd for any charges incurred during the notice period and for any other charges previously incurred and unpaid.
4. SuperNerd may terminate the Service on 14 days notice to the Customer. In such an event SuperNerd will refund to the Customer any fees already paid by the Customer for the provision of the Service following the end of that 14-day period.
5. The Customer will be responsible for any re-configuration of the network or ADSL hardware. This is required to facilitate the change of an ISP;
6. The Customer is the account holder of the Service(s) or are authorised by the account holder to transfer the service to SuperNerd (‘Churn Order only’).

6. Existing Customers

1. An existing SuperNerd customer with a Static IP address or Subnet will be required to sign up to a new Static IP or Subnet respectively. A new range of Static IP’s are allocated specifically to the ADSL2+ product.
2. Existing customers upgrading their service to ADSL2+ mid month will have their Broadband1 (256kbps, 512kbps, 1.5Mbps and 8Mbps) downloads added towards the new monthly download limit of the ADSL2+ plan. When the ADSL2+ plan becomes active, SuperNerd will reimburse a pro-rated amount for the original plan and then bill the pro-rated amount for the ADSL2+ plan, i.e. for the days remaining. If the customer has selected excess usage, it will still continue and be charged at $6/GB.
3. If an existing customer is currently on an Broadband1 contract and they wish to sign up to ADSL2+ the following conditions will apply:
   
   • If the customer is less than 6 months into a current contract then they pay an early termination fee of $55.00.
   • If the customer wishes to move to Broadband+ then the remaining contract period, and any obligations are transferred to the new agreement the customer takes up.
   • If the customer decides to cancel their ADSL2+ service within this period, then the standard pro-rata cancellation fee of $165 will apply in addition to the pro-rata fees associated with the remaining period of the original Broadband1 contract.
4. Should the customer decide to cancel their current Broadband1 contract and sign up to ADSL2+ penalty fees and connection fees will apply.

7. General

1. Prior to entering into this agreement, the Customer represents and warrants to SuperNerd that the Customer has read, understood and agrees to be bound in full by the terms of this agreement and the SuperNerd General Terms and Conditions.
2. All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.
3. A current copy of this agreement may be obtained on the SuperNerd website.
4. This agreement is to be governed and construed according to the laws in force in Victoria Australia.

Description	Fee
Connection/Setup Fee	Click here for Fees
Disconnection/Cancellation Fee/Termination Fee	$165
Service Re-Location/Re-Connection fee	$80
Hardware Delivery Fee	$12 for Registered Post $19 for Express Post
Fee to change ADSL2+ Plans	$10
Fee to carry our a Service Qualification of a Pair (in the absence of an Order)	$10
Fee for an incorrect fault call-out	$75 per hour
Variation to order details (speed) before line installation date is advised by Telstra + delay of 2 working days	$15
Variation to order details (address) before line installation date is advised by Telstra + delay of 5 working days	$15
Printed Invoice	$1.50
Late Payment Fee	$8
Payment Dishonour Fee	$11
Administration Fee	$20

HomePhone Terms & Conditions

1. SuperNerd agrees to supply and the Customer agrees to subscribe to receive, the SuperNerd Full Phone Service (the "Service") on the terms and conditions contained in this agreement.
2. The Service will include Customer phone line rental and any other additional products subscribed by the Customer from time to time.
3. The Service will permit the Customer to make and receive all calls normally available to be made using the telephone circuit and associated facilities installed and operated by ‘The Carrier’ (the "Facilities"). This includes:
   
   • National long distance calls – calls made to any number within Australia with an Australian area code which are not in the calling party’s local call charging zone;
   • International calls – calls made to numbers with a prefix of 0011 + country code;
   • Fixed to mobile calls – calls made to digital or CDMA mobile numbers beginning with 04 (together hereinafter referred to as "Call Types");
   • Un-timed local calls; calls to numbers beginning with 1800, 1300 and 13; directory assistance services; and
   • Any other numbers and/or products which may become available from time to time.
     Note Customer access to the Service must be via a line pre-selected by SuperNerd.
4. The Service does not include any calls which use an override code (e.g. numbers beginning with 1414).
5. The Customer can only receive the Service from SuperNerd on a phone line specified in the appropriate application form.
6. The Customer acknowledges that SuperNerd does not control the network providing the Service. Accordingly, SuperNerd does not represent or warrant that:
   
   • Any calls made using the Service will be successfully connected; or
   • There will be no delays in the Customer being able to access and/or use the Service.
7. SuperNerd does not provide the Priority Assistance feature and any customers who require this feature, should not apply for SuperNerd Phone.
8. SuperNerd will be the Long Distance carrier of choice (if an alternative carrier is preferred SuperNerd cannot offer this service).
9. The Customer is aware that calls to 190 / InfoCall services will be barred and access to these services will not be available.
10. If the Customer currently has a Telstra rental handset, the customer may be charged a fee on their final account.

1. SuperNerd Obligations

1. SuperNerd will use its best endeavours to supply and deliver the Service in accordance with this agreement and, in particular, to:
   
   • Pre-select the fixed phone telephone line(s) for the Customer;
   • Transfer the relevant line rental and local call components for the Customer;
   • Supply the Customer with a monthly bill for all call charges incurred by the Customer in the preceding month. All line rental and other product charges associated with the Service are billed one month in advance. All accounts will be emailed to the Customer on the 1st of each month and can later be viewed online in the ‘MyAccount’ section of the SuperNerd website; and
   • Provide the Customer access to all online tools that may become available from time to time, including call monitoring.

2. Line Transfer

1. All Call Types will, if relevant, be supplied by the current pre-selected service provider retained by the Customer until the transfer process is completed by SuperNerd.
2. The Customer will remain liable to pay any current service provider for Call Types made prior to the line being transferred to SuperNerd.
3. If a Customer seeks to have Call Types provided by a third party, such third party shall assume responsibility for completion of the transfer process.
4. The Customer will remain liable to pay SuperNerd all amounts incurred for the provision of Services under this agreement until the relevant line has been pre-selected to another service provider or the Service disconnected.

By executing this CSG Waiver you agree to waive in whole your Customer Service Guarantee Rights under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 2000 in relation to SuperNerd’s HomePhone Services. Please read the following paragraphs carefully as they contain important information affecting your rights.

1. The Customer Service Guarantee ("CSG") can be found on the Australian Communications and Media Authority website (www.acma.gov.au).
2. Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2) allows SuperNerd to propose that you waive in whole, the protections and rights provided to you under the CSG.
3. We offer significantly lower call costs on all our HomePhone Services and importantly we are offering significantly reduced Installation Fees for new services if such Installation Fees apply to your selected HomePhone Service; however we are only able to do this on the basis that we are not required to meet the CSG.
4. By agreeing to this Waiver you agree to waive all your protections and rights under the CSG. So that SuperNerd may continue to offer lower costs, we require all of our customers to waive their rights afforded by the CSG.
5. The protections and rights you are waiving are:
   
   Provision of written information to you, at least every two years about:
   
   • The performance standards that apply to supply of specified services;
   • The obligations of the service provider under those standards;
   • The customer’s entitlements to damages under the Act for contravention of the performance standards and
   • On request, the provision of information about a performance standard.
   
   Guaranteed maximum connection periods
   
   • The prescribed maximum timeframes within which connection to services should occur.
   
   Guaranteed maximum rectification periods
   
   • The prescribed maximum timeframes within which rectification of service faults should occur.
   Making and changing appointments
   
   • Our requirement to make appointments for purpose of service Installation or Fault Restoration at times that are convenient for you that are either for a particular time of the day or nominate a five hour period during which the appointment will occur, and
   • Changing appointments by giving at least 24 hours notice by obtaining the agreement of the customer to the change.
6. For specific details of the protections described above, please refer to the "Summary of the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2)" below.
7. This Waiver will take effect seven days from the date of you agreeing to it, unless you notify SuperNerd in writing that you no longer wish to waive your rights under the CSG. You are under no obligation to the waive the CSG but if you do so notify SuperNerd that you no longer wish to complete the Waiver, we reserve the right not to provide the service to you.
8. If you have withdrawn your CSG Waiver and we chose to provide the service to you then any application Installation Fee will be at the Standard Installation Fee rate as indicated on the Registration Form.
9. By agreeing to waive your protection and rights afforded by the CSG you will not be able to claim compensation from us for any failure by us to meet the prescribed performance standards.

By signing the CSG Waiver you acknowledge that you understand the effect of the CSG Waiver and that you are completing this Waiver freely and voluntarily. If you do not understand the Waiver then you should seek independent advice and not execute this Agreement.

(Customer Service Guarantee) Standard 2000 (No. 2)

SuperNerd is committed to providing outstanding customer service and upholding the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) issued by the Australian Communications and Media Authority ( CSG Standard ).

This means that for eligible services we promise to meet certain minimum performance standards and to provide our customers with financial compensation when these are not met.

Services covered by the CSG
The CSG Standard covers the supply of standard fixed line telephone services. Specifically, the CSG Standard applies to:

• Maximum connection timeframes
• Repairing a fault or service difficulty
• Attending appointments with customer

For clarity, only voice telephony faults are covered. This means that non-voice faults such as Internet access or fax faults are not covered by the CSG Standard.

In addition, where we make these features available to you, the following enhanced call-handling features are also covered by the CSG:

• Call waiting
• Call forwarding
• Call barring (not including blocking that has been programmed on the entire network)
• Calling number display
• Calling number display blocking

The CSG does not apply to customer equipment or to customers who have more than five telephone services.

Periods in which services must be connected
Usual provisions under the CSG apply for the connection of new phone services. However, if you are signing up for a ULL based package, the CSG does not come into effect until the transfer of the ULL service to SuperNerd has been completed.

Applicable Timeframes

Connection Type	Allowed Connection Time (after receipt of customer’s application)
In Place Connection*
All sites that have an in-place connection	Within 2 working days
No in-place connection but close to available cabling or other infrastructure
Community of equal to or more than 10,000 people (Urban)	Within 5 working days
Community of between 2,500 and 10,000 people (Major rural)	Within 10 working days
Community of between 200 and 2,500 people (Minor rural)	Within 15 working days
Community of less than 200 people (Remote)	Within 15 working days
No in-place connection and not close to available cabling or other infrastructure
Community of equal to or more than 10,000 people (Urban)	Within 1 calendar month
Community of between 2,500 and 10,000 people (Major rural)	Within 1 calendar month
Community of between 200 and 2,500 people (Minor rural)	Within 1 calendar month
Community of less than 200 people (Remote)	Within 1 calendar month

*An in-place connection is a service at a site where a previous working service has been cancelled and is available for automatic reconnection or reactivation by a carriage service provider.

Maximum timeframes for repairing faults
Our commitment to customers is to promptly repair faults and service difficulties (as defined in the CSG Standard) in standard telephone services and the enhanced call handling features that we make available to customers.

The following timeframes exist for repairing faults and service difficulties:

Community	Population Size	Repair time
Urban	Equal to or more than 10,000 people	End of next working day after receipt of the report
Rural	Between 200 and 10,000	End of second working day after receipt of the report*
Remote	Up to 200 people	End of third working day after receipt of the report*

*In certain circumstances (for example, where the fault can be repaired by SuperNerd without attending the customer’s premises), the fault repair period is the end of the next working day after receipt of the report.

Fault reports placed after 5pm on a working day or at any time on a public holiday or weekend are deemed under the CSG to have been made on the following working day.

Maximum timeframes for appointments
If an appointment for connecting or repairing a CSG service is made, then the appointment period must not exceed five hours. Should a technician attending on our behalf have trouble in attending the appointment, we will make every effort to ensure that reasonable notice is given to you.

Under the CSG Standard, we will be taken to have attended an appointment unless we have missed the appointment in accordance with the following table:

Appointment Period	Definition of missed appointment
Four hours or less	Does not attend within 15 minutes of the appointment period#
Between four and five hours	Does not attend within the appointment period#

# An additional 45 minutes is allowed where the phone technician must travel long distances for an appointment at a premises in a community of equal to or less than 2,500 people.

Compensation
Unless an exemption applies, we are required to pay compensation to customers for each working day that connections or repairs are delayed beyond the maximum CSG timeframes or if we fail to keep an appointment. Eligible CSG entitlements will automatically be credited to your account in accordance with the CSG Standard in the following circumstances:

Customer	Service delayed	Compensation for first 5 working days (per working day)	Compensation after first 5 working days (per working day)
Residential/Charity between four and five hours	Connection or repair of standard telephone service	$14.52	$48.40
	Connection or repair of enhanced call handling features to an existing service	$7.26	$24.20
	Connection or repair of two or more enhanced call handling features to an existing service	$14.52	$48.40
	Not keeping an appointment	$14.52 for each missed appointment
Business	Connection or repair of the standard telephone service	$24.20	$48.40
	Connection or repair of enhanced call handling features to an existing service	$12.10	$24.20
	Connection or repair of two or more enhanced call handling features to an existing service	$24.20	$48.40
	Not keeping an appointment	$24.20 for each missed appointment

Exemptions
In some situations, we are exempt from complying with the CSG. These situations include:

• Where non-compliance or delays are due to circumstances outside our control
• Where you have agreed to waive your right to CSG eligibility under the CSG Standard
• Where an enhanced call handling feature is not available (for example, due to existing network limitations)
• Where it is necessary to withdraw the service(s) in order to maintain or upgrade a facility or network and SuperNerd has given reasonable notice
• If you fail to keep an appointment with SuperNerd without giving at least 24 hours notice or you have not co-operated or have denied us access to your premises

For more information about the CSG Standard, please see: www.comlaw.gov.au.

Making a claim
Under the CSG Standard, customers are not required to complete a claim form in order to receive a CSG payment. If SuperNerd has identified a breach of the CSG Standard, a payment will be automatically credited to the customer's account. If a customer believes that a breach has occurred and we have not credited a CSG payment for that breach, the customer may contact our Customer Service on 1300 888 090.

CSG Waiver
Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2) allows SuperNerd to propose that you waive in whole, the protections and rights provided to you under the CSG. If you waive in whole your protections and rights pursuant to the CSG Waiver you receive a significant benefit from SuperNerd in the form of i) access to our HomePhone telephone and VOIP plans that provide lower call rates and ii) substantially discounted Installation Fee if and Installation Fee would normally apply.

For more information about CSG Waivers please visit the ACMA website: www.acma.gov.au.

Valid from 5th June 2007

1. Definitions
SuperNerd (Registered Business Number: B1734870W).

• "we / our / us" refers to SuperNerd.
• "you / customer" refers to the individual who has signed the agreement as a customer. Where these policies refer to the ‘customer’ or ‘you’ this should be read to include anyone who uses your service.
• "supplier" refers to a third party carrier or service provider.
• "guarantor" refers to the individual who is financially responsible for the account.
• "the services / service" refers to a DSL Broadband Internet connection that provides access, via our network, to the Internet and related services. Unless the context suggests otherwise the use of the term ‘service’ means any and all services offered by us to you.
• "Mb" or "MB" refers to Megabyte; 1 Megabyte is equal to 1,000,000 Bytes.
• "Gb" or "GB" refers to Gigabyte; 1 Gigabyte is equal to 1,000 Megabytes (1,000,000,000 Bytes).
• "monthly cost / monthly access" refers to your recurring monthly access fee for connection to our network.
• "application / registration / registration form" refers to the form that you completed while applying for this service.
• "agreement / terms / terms and conditions" refers to the ADSL1 Standard Form of Agreement.
• "start date" refers to the date when your billing cycles begins.
• "SFOA" refers to the ADSL1 Standard Form of Agreement.

2. Agreement
This agreement constitutes the full and entire understanding and agreement between you and us in regards to the supply of the services. The services are provided on the assumption that you have read and fully understood this Standard Form of Agreement. These services are not be resold to 3rd parties and cannot be used for any form of FTP or web hosting services.

This service must not be used for any illegal or fraudulent activities, including those prohibited under the Australian Government Telecommunications Act 1999 or under any other Australian State and Commonwealth laws.

This Agreement begins if and when we accept your application for the service and continues until terminated by either party in accordance with this Agreement. SuperNerd reserves full rights to terminate this Agreement at any time. You shall fully and wholly forfeit all outstanding amounts.

Under your agreement we will provide:

1. DSL access to the internet.
2. 5 email addresses.
3. 20 Mb of web space.
4. Associated services (for example, member login for account management and Nerd care technical support).
5. Individual email messages are limited to 10MB of transferable data. Each email address has the capacity to store 20MB of data.
6. Dialup Backup Account with 10 hours free per month, thereafter $1.50 per hour.

3. Changes to our Agreement
We may need to change our ADSL1 Standard Form of Agreement from time to time. For example, if one of our suppliers changes the terms on which they supply services to us, or changes the functionality or nature of a service, or its underlying technology, we may need to change the terms on which we supply the services to you. Consequently we do not offer to provide you with an ongoing supply of service on the same terms that you initially agreed on. You acknowledge and agree that from time to time the nature of your services and the terms on which we supply those services may change.

This may include changes to:

1. Your Fees and Charges
2. This Standard Form of Agreement
3. Our Website’s Standard Form of Agreement
4. Ongoing supply of services

4. Becoming a SuperNerd Customer
When you apply for a service with us, we decide whether to supply our services to you, based on the following:

1. The particular terms for that Service;
2. Your eligibility for the Service;
3. Its availability to you;
4. Your ability to meet our credit requirements;
5. Your being over 18 years of age;
6. If you are under 18 years of age then you will have to have your parent or legal guardian agree to act as guarantor for the account, and complete their details as well.

5. Access to Our Services
You must comply with the following terms:

1. When you sign with us you will choose a username and password;
2. You need these to access our services;
3. You should keep your password secret;
4. You are personally responsible in using our services;
5. Others living in your home or, if applicable, others who are your employees in your office may access our services;
6. You are responsible to ensure these others know the ADSL1 Standard Form of Agreement and comply with them.

5.1 Nominated DSL Phone Number

1. All other DSL services currently operating on the nominated telephone line must be cancelled prior to registering for SuperNerd DSL products unless you are Churning from a participating ISP. Existing DSL services will result in a Telstra order rejection.
2. Your nominated phone number for this DSL service must be active and belong in the Telstra public switched telephone network.
3. Your nominated phone number for this DSL service must not have any other services on it. It must be a voice or fax line only (eg. the nominated number must not reside in a rotary group, PABX system, belong to an ISDN BRI or PRI, have conference call facility associated with it, etc).
4. Should you choose to change a number that the DSL Broadband is connected to then you understand that a reconnection fee may be required and it is the responsibility of the customer to inform SuperNerd of this change.

6. Agreement Start Date
Your agreement to purchase a DSL Broadband service with us starts on the date that we receive your registration and an order is placed for a permanent DSL connection to the Internet through us. No minimum term applies to all DSL Plans.

If an order is placed for the DSL connection and you decide to withdraw the request for a DSL Broadband connection, then we reserve the right to charge a Disconnection Fee and any further fees, as set out in ‘Section 30 - Schedule Of Fees’.

Your Monthly Access Fee will be billed when we start providing our DSL Broadband services to you. This is referred to as your "start date". Your first monthly billing cycle will occur on your "start date" and will be continued on a consequent monthly basis.

Your agreement then automatically renews for subsequent periods each of one month unless:

1. You give us at least 14 days advance notice by email or any other written form (as appearing in Section 12 - ‘Cancelling the service’) prior to your chosen plan period expiring that you wish to cancel this automatic renewal, or
2. We give you at least 14 days advance notice of discontinuing our services to you if we reasonably believe you have breached your obligations under your agreement, or
3. We are unable to provide our services to you, due to arrangements with our suppliers coming to an end, or
4. Immediately you become bankrupt, or
5. If you are a company, immediately you become insolvent or an administrator, receiver or liquidator should be appointed.

This renewal will be on the Standard Form of Agreement that is current at the time of your monthly renewal and will exclude any special offer or benefit that we may have provided in your original chosen plan period. We are under no obligation to provide any reminder to you that your plan will continue to renew on a month by month basis, and it is your responsibility to inform SuperNerd of your intention to cancel the service.

7. Fees and Charges
You are responsible for paying the fees and charges for the service, any additional fees and charges under the agreement (including your registration) and those fees and charges which are notified by us in accordance with the agreement. You must pay all fees and charges incurred for the service, even if you did not authorise its use, or the service is unavailable or you are unable to access the service. (For further information see Section 8 - ‘Complaints and Disputes’)

Charges may include:
usage charges, monthly access fees, set up fees, administration charges, suspension or cancellation fees, late payment fees, payment dishonour fees and reconnection or reactivation fees. We may offer promotions or offers in connection with the service (special). If you accept a special, the price and terms of the special will prevail over those otherwise applicable under the agreement for the duration of the special until the special expires and then the full terms of the SFOA will apply.

7.1 Set Up Fees
One of the following Setup Fees applies to all Plans at the time of registration, however these prices may differ due to SuperNerd specials as indicated on the ADSL1 webpage:

1. $115 Setup Fee for new DSL Broadband connections
2. $20 Setup Fee for Churning/Transferring your DSL. See ‘Section 25. Churning from your existing ISP to SuperNerd’ for terms that apply to this cost.
3. $115 Setup Fee for those who upgrade from a SuperNerd Dialup Plan. You must have had an active SuperNerd Dialup Plan for a minimum of 6 consecutive months.

7.2 Monthly Access Fees
Your ‘Monthly Cost’ is based on the plan / setup fee stated on your Agreement under ‘Agreement Account Details’ and are payable monthly in advance unless otherwise agreed upon through a SuperNerd change of Plan Authorisation.

7.3 Hardware Fees
Your ‘Hardware Fees’ are based on the hardware (equipment) stated in your Agreement under "Hardware" and are payable upon submission of your SuperNerd DSL Broadband Application. A Delivery Fee will apply to all requests for hardware to be sent to your nominated delivery address.

7.4 SuperNerd Rewards

1. ADSL1 Vouchers
   The following offers ("Reward Vouchers") are made available as described in the list below, are electronic "Vouchers" and may only be redeemed online using the SuperNerd Member’s Area.
   
   When determining the month a Reward Voucher is to become available you, month(s) is/are calculated as (a) calendar month(s) from your account activation date with SuperNerd.
   
   • MONTH 7: Disconnection Fee of $99 waived
   • MONTH 10: 50% off your Monthly Cost for 1 Month only
   
   The following terms apply for all rebates, discounts, fee waivers and offers provided to you as part of SuperNerd Rewards:
   
   1. You must have registered for a new SuperNerd ADSL1 Plan from 5th June 2007.
   2. Any Reward Vouchers that refer to a discount (Month 10) will be given to you as a credit on your account. The credit is then applied to the following months invoice. The Month 7 Reward Voucher can not be given in the form of a discount or credit and will applied upon termination of the DSL Broadband service.
   3. You can claim the Reward Voucher on the month number specified, but the credit may not be applied until the following months invoice. We reserve the right to apply the credit to any of your future invoices.
   4. Any discounts/rebates will be valued at your active and billable Plan as at the time of you claiming the Reward Voucher and not as at the month specified on the Reward Voucher. For example, if you initially subscribed to the 256/64K 20GB $44.95/mth Plan (“HipNerd - power”) and subsequently change to the 256/64K 3GB $31.95/mth Plan (“HipNerd - special”) 12 months later, then claim your “Month 10” Reward Voucher on the 13th month, your 50% discount afforded under the “Month 10 Reward Voucher” will be based on your active and billable Plan as at month 13 which equates to a $15.97 credit.
      
   5. Each active account you have with SuperNerd, each Reward Voucher may only be claimed once per active account.
   6. We are unable to action any Reward Voucher claims over the phone or in writing from you and Reward Vouchers may only be claimed online in the SuperNerd Members Area. Log in to the Members Area to claim your Reward Vouchers and an email will be sent to your correspondence email address notifying you of whether your claim has been successful or not.
2. NerdCash
   $1 = $1 NerdCash. This can be used towards your next due payment or purchasing additional webspace or email addresses. To pay your Internet Plan with NerdCash you must pay 14 days prior to your billing date.
3. Disconnection Fee
   A $99 Disconnection Fee applies to all DSL Broadband connections, however see the ‘Section 7.4 - SuperNerd Rewards’ - for eligible rebates.

8. Complaints and Disputes
If you have any complaints in connection with the service, you may complain in writing or by going to our Complaints section located in the Members Tools on the SuperNerd website. If we are unable to resolve your complaint to your satisfaction you may take your complaint through other avenues, such as the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the Department of Fair Trading or the Department of Consumer Affairs in your state or territory. If your complaint is about a fee or charge for the service, we may suspend payment obligations for that fee or charge until the complaint is resolved. All other fees and charges not in dispute remain due and payable. Where your complaint is about a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or non SuperNerd owned equipment, you may be entitled on request to a refund or a rebate of any access fee for the period in which you access or use was interrupted. It is up to SuperNerd to determine the amount of this refund or rebate.

9. Billing
We will bill you on a regular basis (either in advance or in arrears), and will try to include on your invoice all charges for the relevant billing period. However this is not always possible and we may include these unbilled charges in a later invoice(s).

10. Payments
You must pay the service charges by direct debit payment from your credit card or nominated bank account. Payment of your first Monthly Cost, Setup Fee, any DSL Hardware you order plus a Delivery Fee, must be made at the time that you order our services. These initial costs can be paid by Credit Card, Direct Debit, Cheque or Money Order, or a Direct Deposit into our nominated bank account. If your payment is declined we may immediately suspend or cancel the service and we may charge you a dishonour fee. We may include unbilled service charges in a later invoice(s).

You must pay each invoice in full by the due date shown on it, or as otherwise notified by us. If you do not pay your invoice by the date payment is due we will charge you a Late Fee, suspend or cancel the service (in which case we may charge you a suspension fee and/or reconnection or reactivation fee), engage a mercantile agent to recover the money you owe us, institute legal proceedings against you to recover the money you owe us and on-sell any unpaid amounts to a third party (in which case you will be responsible to the third party for payment of the invoice).

Payment terms are strictly 14 days. If we do not receive payment or cannot debit a credit card or your nominated bank account for any reason by your Billing/Due date, we will immediately suspend your account. We will attempt to contact you by phone or mail and if we still don’t receive payment within 14 days after your Billing/Due date, your account will be cancelled. If you wish to re-activate the account, your Phone line will need to be re-provisioned and you will need to register for your account again which includes any Setup Fee’s. You may also incur an Administration Fee and you will still need to pay any amounts outstanding on your previous Accounts.

SuperNerd reserves the right to report accounts outstanding for 60 days to Baycorp Advantage Ltd (Formerly CRAA), subject to Credit Advantage Ltd’s terms and conditions. We also reserve the right to perform credit rating verification checks prior to the commencement of call access as and when it sees fit. It is your responsibility to ensure you receive your SuperNerd invoice. If you have overpaid as a result of a billing error, your account will be credited with the amount you have overpaid and may be used at any stage to pay future accounts that become billable.

You may view your invoices by either:

• Email: A notice that your invoice has been generated will be sent to your correspondance email address. You can then view your invoice from the website by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members.htm and by selecting ‘View Invoices’. It is your responsibility to keep your correspondance email address current which can be updated by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members.htm and by selecting ‘View Account Details’.
• Post: For an additional fee of $1.50 per invoice, you can have your invoice posted to your mailing address.

Note: You will automatically be sent an invoice notice via email, unless you specify to receive your invoice via post. To request posted invoices send your request to payments@supernerd.com.au. It is your responsibility to ensure you receive your invoice.

10.1 Taxes
Unless indicated otherwise, the fees and charges set out in the agreement include any taxes (for example, goods and services tax). Where the fees and charges do not include taxes, we may increase those fees and charges in accordance with the agreement.

11. Suspending the service
11.1 Our rights to suspend the service
We may suspend the service at any time without liability if: there is an emergency, to allow us or a supplier to repair, maintain or service any part of our network or a supplier's network, we reasonably suspect fraud by you or another person, we believe there has been an unusually high use of the service, any amount owing to us in respect of the service is not paid by the due date or you fail to pay an amount owing in full within 10 business days after we give you notice, we reasonably consider you a credit risk because any amount owing to us, you breach a material term of this agreement and you either cannot remedy the breach or do not remedy the breach within 30 days after we give you notice to do so, we are required to do so to comply with an order, instruction, request or notice from a regulator, emergency services organisation, other competent authority or under law, there are problems connecting our network to a supplier’s network, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, or you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due or we are otherwise entitled to do so under the agreement. This suspension will occur while we enquire or investigate if any breach has taken place. In doing so we need not refund any fees applicable to the suspension period.

11.2 Results of suspending the service?
If the service is suspended you must pay the Monthly Access Fee while it is suspended. If the suspension was not as a result of circumstances attributable to you or non SuperNerd owned equipment you may be entitled on request to a refund or a rebate of access fees for the suspension period. If the suspension was a result of circumstances attributable to you, you may have to pay us a suspension fee and, if you wish to reactivate the service, a reconnection or reactivation fee. Refunds will not be given for any reason unless SuperNerd deems it necessary.

12. Cancelling the service
12.1 Your right to cancel the service
You may cancel the service at any time by giving us 14 days notice prior to the renewing of the billing period. You may also cancel at any time without liability, by giving us notice, if we breach a material term of this agreement and cannot remedy the breach or do not do so within 30 days of you giving us notice to do so. Cancellation without 14 days or if we lawfully cancel our services, requires you to pay the Disconnection Fee of $99 (if applicable), plus an administration fee: refer to Section 30 - ‘Schedule of Fees’.

12.2 Our right to cancel the service
We may cancel the service at any time if: there is an emergency, we reasonably suspect fraud by you or another person, any amount owing to us is not paid by its due date or you do not pay an amount within 10 days of receiving notice from us, we reasonably consider you a credit risk because of an amount owing to us, you breach a term of this agreement and cannot remedy the breach, or do not remedy the breach within 30 days of receiving notice from us, we are required to do so to comply with an order, instruction, request or notice of a regulator, emergency services organisation, other competent authority or under law, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due, the service is suspended for more than 30 days, an intervening event prevents the supply of the service for more than 30 days or we are otherwise entitled to do so under this agreement.

12.3 How you can cancel the service
You cannot cancel your account over the phone. You can notify us that you wish to cancel the service by providing us written notification at least 14 days prior to the renewing billing period. You may send notices to SuperNerd that must include your username, password and chosen plan details for your notice to be legally binding. You may send your written notification by either:

• Website: Log into the Members Tools on the SuperNerd website.
• Email: cancellations@supernerd.com.au
• Mail: SuperNerd Customer Service - GPO Box 2138, Melbourne, VIC, 3001
• Fax: 1300 887 866 or 03 9642 1743

12.4 What happens if the service is cancelled?
If the service is cancelled:

1. You are liable for any charges incurred up to and including the date the service is cancelled;
2. You authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges;
3. If you are required to pay for the service by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account.
4. If the service is cancelled during the minimum term of a fixed-length agreement due to circumstances attributable to you, you must pay us the cancellation fee.
5. If the service is cancelled due to circumstances attributable to you and we reinstate the service, you may have to pay a reconnection or reactivation fee. Refunds will not be given for any reason.

13. Shaping
All plans have fixed monthly prices with no excess usage charges. The Download Broadband speed is reduced to 64kbps once the monthly Downloads are reached. For example, if you are on the 256/64kbps 3GB Plan, your maximum line speed would remain at 256/64kbps for up to 3GB of Downloads. If you go over 3GB of Downloads, your maximim download line speed would be reduced to 64kbps.

SuperNerd is not responsible for informing you of when your shaping begins.

14. Plan Changes
All requests for plan changes must be made in writing at least 3 days prior to your billing period renewal and cannot be requested over the phone. You may request a Plan change as long as you comply to the following regulations:

1. Your Plan change will only take effect as of the next billing period provided you give us written notice at least 3 days prior.
2. You may downgrade or upgrade your Plan anytime provided you give us written notice at least 3 days prior to the billing date that you would like it to occur on.
3. All Plan changes are subject to a $10 fee. If you are also changing speeds, then just a $55 fee will apply. These fees must be paid before the change can occur.

15. Personal information about you
Personal information about you includes your name, address, phone number, credit card or banking details, credit rating and may include numbers you have called and the time and / or providing the location of a call.

We may collect, use and disclose personal information about you for the following reasons:

1. To decide whether to start, stop or limit supply to you of credit, the service, or products and. If you do not supply part or all of the personal information we request, we may refuse or limit the supply to you of credit or the service.
2. For purposes related to the supply of the service (including account management, business planning, product development) and to provide you with information about promotions, as well as products and services of SuperNerd. You may opt out of receiving communications that are not related to your account or legally required by contacting customer service.
3. From and / or to credit reporting agencies, credit providers (but only for the purposes set out above).

We may be required or permitted by law to collect, use or disclose personal information about you from and to, for example; emergency services organisations or to law enforcement agencies. Subject to applicable law, you may access and correct your personal information by contacting us. If your payment methods are by Credit Card or Direct Debit, you will need to supply SuperNerd with the correct account information. SuperNerd will attempt to contact you as a courtesy, should we notice that your details are incorrect, however it remains the responsibility of you (the customer) to keep your personal information up to date with SuperNerd. SuperNerd holds no responsibility for incorrect information not being updated or its consequences.

16. Credit Card Transactions
The credit card being used for billing must be in the name of the person applying for the service. If the credit card you use to make payment is not in your name you are responsible to get full authority from the credit card holder to pay us. The credit card holder will then act as a guarantor for the account and will assume full responsibility for its payment. If credit card payment is unsuccessful then we can try to debit the credit card on a reasonable basis. We may charge a $2 administrative fee for each attempt up to a maximum of 3 unsuccessful credit card attempts, after which your service will be suspended until we receive payment.

17. Direct Debit Transactions
Direct Debit transactions may occur upon or around the due date shown on the valid invoice for the month. Please allow up to 72 hours for the transaction to appear on your bank statement due to differences in inter-banking policies. If paying by Direct Debit, your order will not be sent to provisioning until we have debited your account. Allow 3 days for this. For faster processing, pay your initial costs by Credit Card.

17.1 Dishonoured / Bounced Payments
Payments that are deemed to be dishonoured or bounced from your banking facility will incur a Dishonour Fee. Please see Section 30 - ‘Schedule of Fees’ for the appropriate fees. In the case where a monthly access fee has been dishonoured or bounced, SuperNerd will attempt to contact you to inform you of the situation and will either arrange for the account to be debited again, or arrange for an alternative payment method to be made. We may also suspend your service until we receive payment for the service.

18. Provision of Our Services
SuperNerd aims to provide the following services:

1. We will provide you with our services in such way as we believe appropriate.
2. We will provide our services on a continuous basis, to the best of our ability.
3. We will provide you with all the individual settings necessary to activate our services and your member privileges.
4. If you change premises a number of fees apply. (See Section 30 - ‘Schedule Of Fees’)
5. When provisioning the service to your allocated phone number, please allow up to 10 working days for the finalisation to occur after receiving your signed Agreement.
6. If we are later unable to provide our services to you, we will refund fees as follows:
   
   • Any set up fees in the provision of our services during your chosen plan period, will be refunded within 14 days.
   • Fees for any DSL hardware if purchased from us will be refunded when we receive this hardware back from you, provided that this hardware is not damaged, is in its original packaging and is in saleable condition. You will not receive a refund for your Delivery Fee. The cost of returning Hardware shall be incurred by you.

19. Your Obligations
You are responsible to provide the following:

1. You are responsible for your access including your phone connection.
2. You should keep secret all your individual settings necessary to access our services and your member privileges.
3. You must pay all fees resulting from use of our services accessed through your DSL connection, as authority to use our services is presumed upon this use taking place.

20. Your Use of Our Services
You are responsible for the following when using our services:

1. You are the person responsible for all use of our services.
2. In your access and use of our services you must only use software you are legally entitled to use.
3. All Email Addresses and aliases have Virus and Spam Filtering automatically activated. Virus Filtering is set by SuperNerd and cannot be changed or disabled. Spam Filtering is set to the default settings which can be adjusted from the SuperNerd website which can be found at www.supernerd.com.au/members.htm
4. SuperNerd will use its best endeavours to filter incoming emails for viruses but will not be liable for any loss or damage that might be incurred as a consequence of preventing emails from being delivered or from permitting any emails to be delivered. Spam & Virus filters are automatically set by us.
5. We are not responsible for nor obliged to supervise, review or in any way control the content or form of any information or internet traffic you access through our services.
6. We do not promise or agree that any information, data or software of any kind available on the Internet is:
   
   • Suitable for your use,
   • Accurate,
   • Free of viruses, worms, trojan, unsolicited communications (also known as "spam") or other malicious programs or scripts,
   • Does not infringe any applicable law (criminal or civil, including any applicable intellectual property or censorship law).
7. You are responsible for any content you place through us on the World Wide Web, FTP or any other service to ensure it does not breach any laws that might apply to:
   
   • Spam,
   • Defamation,
   • Fair trading and trade practices,
   • Intellectual property, censorship or copyright,
   • Gaming/gambling.
8. Notice concerning mailing lists, unsolicited mailings (spam): SuperNerd strictly prohibits the use of our servers to send or relay unsolicited mail (spam). If any services or domain hosted by SuperNerd, participates in the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly know as spam, this will lead to a notice of 3 days to take proper action or the services will be cancelled.
   
   You understand and acknowledge that SuperNerd has a zero-tolerance policy against sending of unsolicited bulk emails or commercial messages over the internet (spam or spamming). Mailing lists hosted on SuperNerd servers are not to be used to develop unsolicited mailing lists or bulk mailing lists. Activity flowing through the SMTP servers hosted by SuperNerd is monitored continuously and new security features and monitoring techniques are being installed in order to detect and prevent unauthorised use of SMTP servers.
   
   You acknowledge the policy concerning unsolicited mailings as stated above and agree not to use the equipment owned and operated by SuperNerd or any SMTP service for the purpose of sending any unsolicited bulk mailings.
9. You must not access nor allow any other person to access our services for any illegal activity.
10. If any claim is made against us, or if we suffer expense or loss of any kind due to your breaching your obligations you agree to indemnify us in all respects.
11. We have however, the right to monitor or edit your using our services or any content you place. We have the right to change, alter or remove any of such content we reasonably believe breaches your obligations.
12. Responsibility for maintaining back up files and/or the storage of data is yours. We are not responsible for any loss you may suffer by your failure to do so.
13. We have no obligation to provide you any training in the use of our services.

21. You Must Not
In using our services you must not:

1. Try to obtain unauthorised access to or cause any malfunction in any computer system.
2. Breach any laws (civil or criminal).
3. Upset the rights of any other person, company or body.
4. Download any material or internet traffic, except for your personal use.
5. Distribute email to anyone who has not consented to receiving it.
6. Transfer or assign any rights created by this agreement.
7. Resell our services in any way (unless you first obtain our express written permission).

22. Services Quality
SuperNerd works hard to maintain quality through:

1. We work hard to provide our services to you on a continuous basis.
2. Our doing so however may be slowed or interrupted completely for reasons which could be, for example:
   
   • Any maintenance of equipment or anything else that relates to provision of services,
   • Any failure (hardware or software) of equipment or anything else that relates to provision of services,
   • Any temporary unavailability of services due to peak demand and network congestion.
3. Your Internet connection speed depends upon many factors which are often outside our control. This can include failure in the internet generally or network congestion.
4. While the maximum line speed is the maximum port speed enabled at the exchange level, actual line and download speeds for each customer will vary and is dependent on factors such as; How far you live from the local telephone exchange, the configuration and quality of your phone line, quality of your Broadband ADSL modem and line filter, the number and type of services being used in your neighbourhood, general Internet usage and load levels, interference from outside sources, your computer’s hardware and software set up and the configuration of any computer you are trying to access.
5. We cannot promise that you will always connect at any specific minimum speed or have access to all parts of the Internet at all times.
6. We are not liable for any losses that may occur as a result of any unavailability of our services at any time.
7. We may block Internet Ports or IP Addresses at anytime without notice for network security reasons.

23. Existing Phone Connection
You agree and understand:

1. We can only provide our services to you if the cable running between your premises and the exchange nearest to you is owned by Telstra. This means you must have a standard telephone service from Telstra or a Telstra re-seller to receive our services.
2. At this time if you do not own or purchase such a service, we are unable to provide our services to you.
3. If, after you start receiving our services, your standard phone service becomes disconnected, you move premises, or you transfer your phone service to a provider other than Telstra this may mean you will not be able to receive our services. We need not refund any fees you have paid in these circumstances and you will be responsible for the continuation of the remainder of your chosen plan period.
4. Any installation of our services to your phone connection may interfere with other services you have, such as security alarm monitoring services.
5. You may be required to install additional equipment at your cost to ensure our services operate sufficiently when an DSL service has been installed.
6. It is your obligation to inform any security alarm monitoring services provider of your installation of the DSL service that may affect your monitoring alarm system and that you may require additional equipment.

24. IP Addresses
Any IP addresses that we allocate to you:

1. May be converted from a Static to a Dynamic IP address and vice versa without notice to you.
2. Are not transferable
3. May be withdrawn or changed by us at any time without notice.
4. Remain our sole property.

25. Churning from your existing ISP to SuperNerd
The following terms apply when churning to SuperNerd.

1. You are only liable to receive the discounted churn offer if you are transferring from an active DSL connection and if your current DSL supplier is from the participating Transfer Internet Service Provider list.
2. SuperNerd will supply the DSL service from the date the transfer takes effect (you will be notified when this happens).
3. You will still be responsible to their current DSL supplier for any charges incurred and/or billed up to the date the transfer takes effect.
4. SuperNerd may refuse or cancel your service on the basis of your credit assessment.
5. After the transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (eg. discounts or specific product enhancements).
6. Your DSL service will remain active with your current DSL supplier until the transfer takes place.
7. You will need to contact your current DSL supplier about any faults with your DSL service until this transfer takes place.
8. You may experience an outage in your DSL service of up to 4 hours whilst the transfer takes place. SuperNerd is not liable for any delays, as we are dependent on a 3rd party.
9. SuperNerd holds no liability if the DSL transfer is rejected.
10. You are the account holder of the DSL service(s) listed above, or is authorised by the account holder to transfer this service to SuperNerd.
11. You understand that it is your responsibility to check the terms of your Agreement/Contract with your current DSL supplier to determine if there will be any consequences under that agreement/contract as a result of this transfer (such as an early termination payment).
12. You authorise SuperNerd to confirm, on your behalf, your current technical data to be used for the DSL transfer process only.

26. Churning away from SuperNerd

1. You are responsible for any outstanding fee's owing to SuperNerd prior to the transfer including Monthly Access Fee’s and Disconnection Fee’s (if applicable).
2. Upon confirmation of a Churn away, SuperNerd will complete a pro-rata refund of any fee’s charged in excess, less any applicable Disconnection Fee’s.
3. Your SuperNerd account will be automatically cancelled after you have been Churned to your new ISP.

27. Additional Matters
The following additional SuperNerd services apply.

1. We may change this agreement at any time by advance notice to you. This period of advance notice will be at least 14 days or the period of time remaining in your chosen plan period with us (whichever is the longer period).
2. Our maximum liability to you is limited to the total sum of all fees paid or payable by you during your chosen plan period during which any such liability may arise.
3. To the extent to which we provide you with any goods, our liability is limited to the replacement or the payment for the cost of the goods being repaired under the Manufacturers Warranty excluding all shipping and handling costs.
4. These terms do not limit in any way any additional rights or obligations applicable by any Federal and State legislation, including legislation relating to Trade Practices and Fair Trading.
5. The law that applies to this agreement is the Law of Victoria and any Federal applicable law.

28. Email Addresses
Additional Email Addresses are available in blocks of 5 and are valid for 6 months from time of purchase. Additional Webspace are available in blocks of 5MB and are valid for 6 months from time of purchase. You can only purchase Additional Email Addresses and Additional Webspace from funds in your NerdCash Account or by Credit Card. Your block will automatically renew if paying by Credit Card. If paying by NerdCash, you will be sent an invoice 14 days prior to the expiration date. If we don’t receive your payment by the expiration date, your account will be suspended.

29. Notices
The following procedures apply.
You acknowledge that we rely on email as our main communication method. Hence we will send notices to you by email as follows:

1. If you are a current customer and your account is not suspended, the email will be sent to your primary SuperNerd user address or any alternate email address you provide to us.
2. If you do not have an email address, or it is suspended, we may attempt to contact you by phone or mail.
3. If we are legally obliged to contact you we will make all reasonable attempts to do so.

Any notice we send you by email is deemed to be received by you at the time this email communication leaves our email servers, unless we receive automated notification of non-delivery within 24 hours.

You may send notices to SuperNerd. You must include your username, password and chosen plan details for your notice to be legally binding.

• By email to: info@supernerd.com.au
• By mail to: SuperNerd Customer Service, GPO Box 2138, Melbourne VIC 3001
• By fax to: 1300 887 866 or 03 9642 1743

You have the obligation of proof of receipt by us of any notice that you send.

30. Schedule of Fees
The following Fees may