Standard Form of Agreement

5 November 2016

Summary of ACN’s Standard Form of Agreement

Important Customer Information: Your Rights and Obligations

This is a summary of ACN’s Standard Form of Agreement (‘SFOA’) which applies to the supply by us to you of ACN’s services including home phone, broadband, nbnTM and mobile (including mobile broadband) telecommunications services (‘Services’) and related equipment. If you would like to review the complete terms and conditions of the SFOA (‘Our Terms’), please go to our website www.acnpacific.com. This summary does not override or change Our Terms.

Provision of Services

The Services will only be provided if technically possible and subject to availability and coverage. You must meet our credit policy requirements. We may require you to provide a form of security (for example, a cash deposit) or pay some or all of the Charges in advance.
We aim to provide but cannot guarantee that the Services will be available continuously and in all areas, that you can make and receive calls at all times, or that the Services are free of faults, interruptions or errors. Other terms and conditions that apply to the supply of the Services (including in relation to minimum service terms, minimum periods of notice, rights to terminate or suspend supply, applicable Charges for early termination, and renewal) are contained in Our Terms.

Your Obligations

You may use the Services only in accordance with Our Terms, including the Acceptable Use Policy. You must not interfere, and must use reasonable endeavours to ensure that other persons do not interfere with, or attempt to interfere with, the operation of the Services, the network, equipment or facilities of any of our Network Providers, or our equipment or facilities associated with the Services.

Priority Assistance

We do not offer priority assistance services for our customers.

Cooling-Off Period

We will allow you a cooling-off period of 10 business days from the date we first accept your application via our Website.

If you have ordered Equipment from us, the cooling-off period will only apply so long as you have not opened the Equipment packaging. During the cooling-off period a residential customer may (a) cancel the Service and must return the associated Equipment (if any), or (b) return the Equipment while retaining the associated Service. You may not cancel the Service and retain the associated Equipment.

You must communicate to us your intention to use the cooling-off period by calling our Customer Service Centre and return the Equipment (if any) during the cooling-off period. If you do this within the cooling-off period you will not be charged any Service charges or fees (including applicable early
termination fees). You will be liable for your actual usage of the Service (for example, call and event charges), any delivery charges incurred in the delivery and return of the Equipment, and any infrastructure and installation costs incurred by us in connection with our preparation for supplying the Service to you.

Charging

You must pay us the Charges for your use of the Services, whether such use was authorised by you or not. The Charges (including connection and reconnection charges, discounts, credits and rebates) are described in detail on our Website. The Charges may include, amongst others, connection charges, access charges, usagebased charges, charges for content provided with the Services, charges for other services provided in connection with the call, service restoration
fees, dishonour fees, early termination fees and late payment fees. Charges may vary depending on the time and day (including peak and off-peak periods) – further details are on our Website. We may pass on to you any charges our Network Providers charge us for provision and usage of your Services.

Billing

For post-paid services, we will invoice you monthly but reserve the right to bill at different intervals and to issue interim invoices. We will provide you with a breakdown of the Charges payable in each invoice. Our standard method of issuing our invoice to you is via electronic media. We will charge you an additional Charge if you request to receive paper invoices or request billing information which does not form part of our standard invoice.
You must pay all Charges within 14 days of the date of invoice, unless otherwise stated on the invoice. Your invoice will state the available methods of payment and any additional fees for particular payment methods. We will always offer a fee-free payment method.
If you fail to pay any invoice on time, you will be in breach of Our Terms and we may charge interest on any Charges remaining unpaid by the due date, charge you all the costs and expenses we incur in relation to recovering unpaid Charges, and suspend, restrict or terminate the Services, and if we suspend or terminate the Services and we agree to re-connect you, you will be required to pay a service restoration fee, which will be added to your Charges.
For pre-paid services, your pre-paid account is the electronic account associated with your Services from which Charges are deducted from your available credit. We will not send you invoices or statements for the Services but you may review your usage records and Charges online at MyAccount.

Equipment

You must ensure that all equipment which you use to access and use the Services is ACMA-approved. You are responsible for the security and proper functioning of such equipment, and to ensure that such equipment does not interfere with the normal operation of the Services and networks.
Personal Information

We agree to collect, use and disclose your personal information and credit related information only in accordance with our Privacy Policy and Credit Reporting Policy. The current versions of these policies are available on our Website. We may make enquiries about a customer’s credit record.

Reporting Faults

You must report faults in the Services as soon as you become aware of them by contacting the Customer Service Centre.

Complaints

If you have any complaints about the Services, you should contact our Customer Service Centre. Your complaint will be handled in accordance with our complaints procedure. Disputes between telecommunications service providers and their customers may be resolved by the Telecommunications Industry Ombudsman (TIO). The TIO is an office of last resort. It only takes up a complaint if the customer has first tried to resolve it with the relevant service provider.

Variations

We may make a change to Our Terms without giving you prior notice, but only if the change will not adversely affect you. We may make a change to Our Terms which will adversely affect you, but only in certain circumstances (for example, if there is a change in law, an increase in the cost of international services, or an increase in the price a carrier charges us). We will always give you prior notice in writing of such a change, usually by email or by including a notice on your invoice, and in some cases (for example, if a change is required as a result of an increase in the price a carrier charges us), if your Service is subject to a minimum service term then you may terminate the Service without paying the early termination fee provided you notify us within 42 days of the date of the notice. An up-to-date copy of Our Terms is available on our Website.

Please ensure you enter the correct CUSTOMER DETAILS in this section. Inputting your own details in this section will result in unnecessary delays in the investigation of your enquiry.

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Important Upfront Payment Terms

A one-off setup fee of $99.95 applies to customers ordering any plan with a 6-month contract term. The one-off setup fee is charged upfront to your credit or debit card as part of your order submission.

Ten day cooling off period applies. If you cancel your order within 10 days of your order submission date, we will refund any upfront payment of a setup fee provided you return all equipment we provided, to us, in un-opened and un-used state.

If you cancel your order more than 10 days after your order submission date and we have not yet commenced the installation of your service, we will refund any upfront payment of a setup fee provided you return all equipment we provided, to us, in un-opened and un-used state.

If you cancel your order more than ten days after your order submission date and we have either commenced or completed the installation of your service, we will retain a cancellation fee of $50 and refund the remainder of your setup fee, provided you return all equipment we provide, to us, in an un-opened and un-used state.

No refund will be provided for an upfront payment of a setup fee where you do not return all equipment in an un-opened and un-used state. If you require a return satchel to return the equipment, you can request one by contacting our customer service team when cancelling your order.

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Earning Statement

RVPs and SVPs (including Circle of Champions members) earn annual income achieved by fewer than 1% of ACN IBOs. Their success stories and earnings are extraordinary and not typical. Earnings as an ACN IBO are based solely upon the successful sale of products to customers and their usage of those products. Individuals will incur expenses in operating their ACN business, such as the sign-up fee and renewal fee, as well as other possible operating expenses. As with any business, earnings and success at ACN are not guaranteed but depend primarily on the individual’s commitment, persistence and effort. Individuals may not earn income and may lose money as an IBO.

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