WIreless Boradband Terms and Conditions

DESCRIPTION OF THE SERVICE:

WellCom uses the Optus Wireless network.

The service allows you to access the internet and related data services from your computer via a wireless connection. The WellCom Wireless Broadband Service provides access to the Internet in any location covered by our GSM or 3G/HSPA network via the WellCom supplied USB Modem.

The service provides a connection to the Internet via the Optus Mobile 3G/HSPA network. You can also use the service to connect to the Internet within the Optus GSM network areas, however where only GSM coverage is available, you will not experience broadband speeds.

The modem monitors network availability and chooses the fastest network available depending upon the strength of signal and number of other users accessing the networks. The modem automatically conducts the handover between the networks.

PROVISION OF THE SERVICE:

Monthly Based Services, no contract

We will provide the service until it is cancelled in accordance with the agreement.

Monthly Based Services, with 24mth contract:

We will provide the service for the minimum term of the agreement or until the service is cancelled in accordance with the agreement.

Prepaid Service

We will provide the service until it is cancelled in accordance with the agreement.

At the Conclusion of the minimum term of the Monthly Based Services, with 24mth contract:

If neither you nor we cancel the service at the end of the minimum term, the agreement will become a non-fixed length agreement at the charges of the day.

If you do not wish to continue the service at the end of the minimum term, you must notify us of this before the end of the minimum term.

We will notify you before the end of the minimum term, if we are not going to provide you with the service at the end of the minimum term or if we are going to change the terms of the agreement at the end of the minimum term.

USE OF THE SERVICE:

We will provide the service to you with due care and skill. You must use the service in accordance with the agreement and ensure that any person you allow to use the service complies with the agreement.

COVERAGE:

You may find out about the coverage areas by accessing http://www2.optus.com.au/. The service is only available if you are within the GSM or 3G/HSPA coverage area and is subject to availability.

You can also use the service to connect to the Internet outside of Optus Mobile 3G/HSPA areas, within Optus Mobile GSM network areas, however where only GSM coverage is available, including NT and TAS, you will not experience broadband speeds. Due to the nature of the networks providing the service, it is impossible for us to guarantee that you will not experience any drop outs.

USE OF THE SERVICE

You must comply with our Acceptable Use Policy. You must not: send or receive content on our network other than for your own personal or business use, wholesale any service on our network or use the service in connection with a modem that switches or reroutes traffic to or from our network. If you do so, we may immediately suspend or cancel the service.

If you wish to access restricted content services (for example adult content) you must be over the age of 18.

EQUIPMENT:

All WellCom owned equipment remains our property. You are responsible for any damage, loss or theft of any equipment owned by us

Wireless Broadband Option:

You will need an Optus supplied SIM card and a WellCom approved wireless modem

WellCom will supply the modem, or you may use your own modem if it is approved for use on the Optus 3G/HSPA network. If you choose to use a WellCom supplied modem on a 24 month contract, it remains our property (see standard pricing table for details). You agree that you will take reasonable care of the modem and that if you fail to do so, or it is damaged, lost or stolen, you will be responsible for the costs of repair or replacement

You must return the modem to us on our request. If you do not, we may charge you a fee.

If you choose to use your own wireless data modem to access the service, the operation of the modem, and any repairs to it, is your responsibility.

WellCom will not be able to offer any support with customer supplied modems or equipment

WellCom Wireless Broadband plans may only be used as data plans.

You should not use the WellCom supplied SIM card to access (and may not be able to access) other services such as voice calls, International voice calls, VoiceMail, International SMS, premium and Third Party SMS, MMS, International MMS, 1300, 1900.

If you are able to access such services, your use of such services will be charged at prevailing rates.

Data usage:

Data usage will be counted in kilobytes (KB) i.e. 1MB = 1024KB and includes both uploads and downloads. Your pricing plan may set out a maximum amount of included data that you can use to download and upload at high speed in a billing month.

If you exceed your plan's included monthly data allowance, you will incur additional excess usage charges Refer to pricing table on page 4.

You are able to obtain an indication of your megabyte usage via the client application WellCom supplies with the modem software.

Any unused data allowance cannot be rolled over.

If the supplied SIM card is used in an alternate modem, such as a different Wireless Modem or in a mobile phone, such usage will count towards your pla's data allowance.