Last Modified: 28th of February, 2023

Ripple Networks Standard Terms of Service

An agreement is formed when you apply to acquire a service from us and we accept your application. The application may be made over the phone, or by completing an online ordering process or a physical order form. You warrant that you are over 18 years of age and legally entitled to enter into the agreement.

The agreement will be made up of:

• Your application;
• The service description;
• The plan brochure or other document provided to you relating to the service during the application process; and
• These Standard Terms and Conditions.

If there is an inconsistency between any part of the agreement, the inconsistency will be resolved according to the following order of priority:

• The plan brochure;
• The service description;
• these Standard Terms and Conditions; and then
• your application.

By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.

Period of the Agreement

This Agreement shall remain in effect until the Service is terminated by either you or Ripple Networks.

Changes to the Agreement

We may change the agreement in the following circumstances:

• Where you agree to the change;
• Where the change will not adversely affect you and, before the changes take effect, we have given you notice of the change;
• Where the change is in relation to charges for making international telephone calls or roaming and, before the changes take effect, we have given you notice of the change;
• Where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the changes take effect, we have given you notice of the change;
• Where the change is to introduce or to vary a charge associated with a content or premium service where we rely on a third party for the service and the third party increases its price to us and, before the changes take effect, we have given you reasonable notice of the change;
• If the agreement is a fixed period contract and the change is adverse to you, and we provide to you not less than 21 days notice of the change.

We may withdraw any plans/packages at any time by giving you notice but such withdrawals will only take effect from the end of your then current fixed-period contract.

Changes to these standard terms or a service description will be made available online and you are encouraged to check our website regularly.

If we change the agreement under clause 3.1(f), you may cancel the agreement within 42 days of the date of the notice without incurring charges, other than usage or network access charges to the date the agreement ends and outstanding amounts for installation or for equipment with other suppliers' services.

Your ongoing use of the service after the date of a variation, alteration, replacement or revocation or on the expiry of the 42 day period, is deemed acceptance of the variation, alteration, replacement or revocation.

Applications

You warrant that information provided to us in the application is true and correct in all material respects and you acknowledge that we will rely on it. You agree that, if you give us incorrect information during an application which is then relied upon and used by a third party carrier for the provision or attempted provision of a service, you will be liable for a resubmission payment to us.

An application for Service may be refused by us in the following circumstances:

• Where there is a technical limitation to our ability to provide you the service, including where there are network capacity constraints;
• Where you have not completed an application process correctly or have been unwilling to provide us with a document or information we require;
• Where you do not meet our credit assessment criteria.

By applying for a service, you authorise us to communicate with credit referencing bodies/associations about your credit history and in so doing to provide them with the details that you have provided to us. We may do this from time to time during the term of the agreement.

We may apply restrictions to a service where you have not met our credit assessment criteria. We will advise you of the general nature of the reasons for these restrictions and, if applicable, how you may access services which have been restricted.

We may pay commission to a dealer or agent acting on our behalf who is involved in your application process.

By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.

Your Private Information

As part of your application and in connection with the provision of service to you, we may obtain from you private information about you.

Ripple Networks is required by law to collect certain Personal Information about you, including your name, address and telephone service number to provide it to the operator of the Independent Public Numbering Database (IPND). Information in the IPND is used to develop directories and to assist emergency service organizations.

We use our best endeavours to comply with a privacy policy which is available on our website or by contacting us. This policy governs the information we collect on you, how we use it and your rights to access it. You consent to us to collect and disclose your personal information including any unlisted telephone number and address from or to:

• Any credit providers or credit reporting agencies to use the information for all purposes permitted by the Privacy Act (1988) including to obtain a credit report about you or your registered business, maintaining a credit information file about you, or notifying a default by you;
• Any law enforcement agencies to use the information to assist them in the prevention or prosecution of criminal activities;
• To conduct ongoing credit management of your account;
• Any of our shareholders, related entities, suppliers, agents or professional advisers for reporting, accounting, product supply and service, marketing and audit purposes;
• Any upstream supplier to us to use the information for any purposes connected with the service or your use of the service; and
• Any person who provides us with your username(s) or password(s).

From time to time we will update you on our services, news, promotions and offers including those from related or affiliated organizations. You consent to us contacting you at any time (including after you have terminated the agreement), for this purpose through any available contact methods. You can withdraw your consent at any time by contacting us.

Minimum Contract Period

The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period may be specified in your application or in the plan. The minimum contract period commences when the service is activated.

If, during the minimum contract period, you cancel the service or we cancel the service because of your default, you may be liable to pay an early termination charge which is either set out in the plan brochure or in the service description.

Once the Minimum Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 30 days notice.

Usage

You acknowledge that charges will be incurred when the service is used. It is therefore important that you take steps to ensure that such usage does not occur without your authorization. You should ensure that you are in control of devices that might make use of your services, such as computers, handsets, mobile phones, and wireless devices connected to your service and that third parties cannot access or use such equipment without your authority. You acknowledge that usage of some services can occur because of an infection of your computer with a virus or due to other unauthorized third party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorized usage.

As we are not able to control access or usage of your handsets and other equipment, you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorized by you, unless the usage was caused by a mistake by us.

You are not permitted to authorize a third party to use your service without direct supervision and/or written authorization by us.

You acknowledge that we cannot be held responsible for any loss incurred by you because of faults and/or failures within a third party carrier's network infrastructure.

While we will use our best endeavors in providing the service, you use it at your own risk. Even if you lose some equipment or permit another person to use your service, you are solely responsible for its use including:

• the calls made and messages sent;
• the sites and content accessed;
• the content or software downloaded and the effect it may have on your equipment or service;
• the products and services purchased;
• the information provided to others;
• the installation or use of any equipment or software whether provided by us or not;
• the modification of any settings or data on your service or related services or equipment whether instructed by us or not;
• the personal supervision of any users under the age of 18 who use the service; and
• the lawfulness of your activities when using the service and accessing any sites and third party content.

The service is provided to you on the basis that it is used only for approved purposes. In particular you must:

• not use the service in any manner involving illegal, malicious, deceptive or misleading activity;
• not breach any standards, content requirements or codes set out by any relevant authority or industry body;
• not use the service in any way which interferes with the operations of the service network, anyone else's enjoyment of their service or which upsets or offends any person;
• not use the service for commercial purposes or in any way distribute or resell the service without our written permission;
• obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the service;
• give us all information and cooperation that we may need in relation to the service; and
• advise us of changes in your personal information such as account details, debit or credit card details and expiry dates and billing and service addresses.

You must not use the service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service.

We may suspend or terminate, with or without notice, your service if, in Ripple Networks' reasonable opinion, the service has been directly or indirectly involved in activities that are detrimental to our internet service or jeopardize the use of our service or its performance for other customers or how the wider community will perceive Ripple Networks. Such activities include, but are not limited to:

• 'Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses'
• being listed or causing the listing of us or our other customers on any real-time blacklist;
• e-mail bombing

If your use of the service results in loss to other users or us, you may be liable to pay compensation.

You must not resell or provide the service to any other person or entity unless we have expressly agreed to such resale or provision in writing. This includes providing the service to any other person or entity for a fee, reward or other consideration.

You acknowledge that we may use third party suppliers to provide parts of the service. You consent to us disclosing your private information to these third party suppliers if this is necessary for the supplier to supply their services to us. You also acknowledge that these third party suppliers may have their own terms and conditions that apply to their services and that you must comply with these terms and conditions if you wish to use their services.

You acknowledge that we may be required to cooperate with the authorities in the investigation of illegal activities and we may do so without notice to you.

If you breach any of these conditions or if there is any other reason we are entitled to do so, we may immediately suspend or terminate the service to you by notice in writing to your nominated billing address or by email or by telephone. In such cases you must pay all outstanding charges up to the date of termination together with an early termination charge if applicable.

We may terminate this agreement and any service(s) without notice if we are required to do so by any law or regulation in any relevant jurisdiction. If we terminate the service(s) for this reason, we will refund any unused portion of any fees or charges paid by you. We will not be liable to you for any loss or damages you may suffer as a result of the termination.

If you cancel your service before the end of any minimum contract period or any agreed contract period, you will be liable to pay an early termination charge as specified in the service description or the plan brochure. This early termination charge is required to compensate us for the costs we incur when you cancel the service early.

You must advise us immediately of any change of your name or address or other information relevant to your use of the service.

You agree that you are solely responsible for ensuring that your use of the service complies with all applicable laws and regulations.

We may at any time amend these terms and conditions, including our acceptable use policy, by publishing the amended terms and conditions or acceptable use policy on our website. The amended terms and conditions or acceptable use policy will take effect immediately upon being published on our website.

We reserve the right to amend any plans, packages, rates or charges at any time by giving you notice in writing or by email or by publishing the amended plans, packages, rates or charges on our website. The amended plans, packages, rates or charges will take effect immediately upon being published on our website.

You may only use the service for your own personal or commercial use and must not resell or provide the service to any other person or entity unless we have expressly agreed to such resale or provision in writing.

Phone Numbers

This section applies if you acquire a telephone or other service number.

If you do not already have a phone number for your phone for use with the service, we will issue you a phone number.

All phone numbers are selected, issued and used by us in accordance with ACMA's Numbering Plan and Telecommunications Numbering Plan Number Declarations (numbering regulations).

We may be required to recover or recover and replace a phone number we have issued to you in order for us to comply with the numbering regulations. We will give you as much notice as is reasonably practicable if we have to do this.

You may request a new phone number. If we agree to issue you a new phone number, you may have to pay a charge.

If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first two occasions. You will have to pay a charge for any further phone number changes.

You do not own the phone number but your right to use the phone number starts when we issue the phone number to you. Your right to use the phone number ends if you no longer obtain the service unless you port the phone number.

You may transfer your service number to another carrier or service provider. If you do so you acknowledge and understand that:

• Charges may apply as a consequence of a transfer from us to another carrier or service provider;
• Any outstanding fees and charges which remain are your responsibility;
• The transfer may result in disconnection of any related services such as Voicemail, paging and data services, silent numbers, priority assistance or other enhanced services;
• It is your responsibility to ensure that any equipment or software used by you in connection with your service works with your new carrier or service provider; and
• If after the transfer of your service from us, you continue to use our service (for example through the use of an override code), you agree to pay us for any fees and charges incurred for those services.
• In the event that you transfer from us prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges including plan payout and plan cancellation fees.

We are not liable to you for any expense or loss incurred by you due to:

• Any recovery or recovery and replacement of the phone number under clause 8.4 above, or
• You ceasing to have the right to use the phone number under clause 8.9 above.

If your service is disconnected or transferred from us you must pay us all outstanding amounts under the agreement. Once we have received payment, we will refund to you any amount(s), which we may still hold. If we are unable to refund monies owed within 12 months of your disconnection, we will retain the funds, which you agree to forfeit to us.

IP Addresses

You agree that the IP Address(es) issued to you for use in connection with a service are only issued to you for use during the term of your acquisition of the service. On termination of the service, your right to use the IP Address(es) ceases.

Ripple Networks is responsible for all DNS delegation and routing in connection with the service. If you require any additional IP addresses or other resources, you must request them in writing from Ripple Networks and we will determine, in our sole discretion, whether to provide them to you. Any additional IP addresses or other resources provided to you will be subject to the terms and conditions of this agreement.

You must not use any IP addresses or other resources provided to you by Ripple Networks for any unlawful or malicious purposes, including but not limited to spamming, phishing, hacking, or any other activity that could harm our network or other customers. You must also comply with all applicable laws and regulations regarding the use of IP addresses and other resources.

Ripple Networks reserves the right to reclaim any IP addresses or other resources provided to you if we determine, in our sole discretion, that you are using them in violation of this agreement or any applicable laws and regulations. If we reclaim any IP addresses or other resources, you must immediately cease using them and return them to Ripple Networks.

Billing and Account Payment

You agree to pay all charges associated with your use of our Service, including any applicable taxes. We may suspend or terminate your Service if your account is past due.

Suspension/Disconnection of the Service

If your fixed period contract has expired or you are on a month-to-month contract, you or we may disconnect the service and cancel the agreement at any time by giving 30 days notice.

If you fail to comply with what we consider to be an important term or condition of this agreement or should you fail to comply with a number of less important terms and conditions then we can suspend or disconnect your service or reroute calls from your service. We will generally provide you with notice of your failure and allow you a reasonable time to remedy it. However, we may suspend or disconnect your service without notice to you where:

• There has been, in our opinion, unusual activity on your service such as:
  • Activity that is consistent with your service or equipment connected to your service having been infected with a virus or other malicious software; or
  • Other activity that Ripple Networks reasonably believes is evident that the service is being used for fraudulent or other illegal purposes;
• You have not paid charges when due and have not remedied that failure within what we consider to be a reasonable time;
• You do something which we believe may damage the service network;
• You are no longer approved by us under our assessment policies or otherwise to receive the service;
• An authority such as the ACMA or enforcement agency instructs us to do so;
• We believe that you have used your service to commit unauthorized, criminal or unlawful activity;
• You vacate the premises in which you are provided the service without notifying us beforehand;
• There are technical problems with the service network or the service network requires repairs or maintenance;
• We believe it is necessary to comply with our legal obligations;
• We are entitled to do so under the specific terms and conditions of your plan or package;
• You verbally abuse, attempt, threaten or cause harm to any staff, equipment or network infrastructure of ours or any of the service networks.

In the following additional circumstances we may suspend or disconnect your service(s) or reroute calls from your service(s) but we will provide you with reasonable notice prior to doing so:

• You have a mobile service and you inform us that you have lost your SIM card;
• You have a mobile service which does not toll in any three month period;
• You do anything which we believe may damage the service network;
• You have used the service, in our opinion, other than in accordance with the agreement;
• You do not comply with the terms set out in a Plan Brochure or a Service Description.

Where one or more services included in a bundled offer(s) are disconnected, entitlement to any discounts under such offers may be forfeited.

While your service is suspended or disconnected, we will continue to charge you any applicable fees and charges. We will only do so where the suspension or disconnection is due to your failure to comply with your obligations under this agreement or is performed at your request.

Where we disconnect your service prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges, including the remaining access fees on your plan plus a plan cancellation fee if applicable. We will only charge a plan cancellation fee in circumstances where you have failed to comply with an important term or condition of our agreement.

We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.

Force Majeure

We shall not be liable for any delay or failure in the performance of our obligations under this Agreement if the delay or failure is due to circumstances beyond our reasonable control, including, but not limited to, acts of God, war, riot, fire, flood, or other natural disasters.

Bank Account Direct Debit Terms

This section applies if you have arranged to pay Ripple Networks by providing a Direct Debit Request.

Your Direct Debit Request

• If we receive your Direct Debit Request complete with the particulars we need to draw an amount under it, we agree to be bound by the terms of this section.
• We may have requested from you an online or verbal declaration giving us authority to deduct monies from your bank account. By agreeing to this declaration you will be regarded as having 'signed' a Direct Debit Request (DDR) Form. You also agree that we may reproduce this document from our electronic records, and that the reproduced document shall, in the absence of error, be an accurate copy of this document signed by you.
• If you are not authorized to operate this bank account by yourself, then those persons whose authority is required must complete and sign a DDR and return it to us.

As recipient of a Direct Debit Facility (DDF) from you, we will:

• Provide you with a statement of the amounts we draw under your Direct Debit Request every month.
• Provide you with at least 21 days' notice in writing if we propose to change our procedures in this agreement, change the terms of your Direct Debit Request, or cancel your Direct Debit Request.
• Agree to deal with any dispute raised under your Direct Debit Request as follows: We will investigate the dispute and if it is found that the amount has been debited in error we will refund the disputed amount within 5 business days. Where it is found that the disputed amount has been debited correctly and in accordance with the terms of the Direct Debit Agreement, we will notify you of that outcome in writing within 5 business days.
• Not disclose any personal information provided to us under the Direct Debit Request, which is not generally available, unless:
  • You dispute any amount we draw under your Direct Debit Request and we need to disclose any information relating to your Direct Debit Request or to any amount we draw under it to the Financial Institution at which your account is held or the Financial Institution which sponsors our use of the Direct Debit System or both of them.
  • You consent to that disclosure.
  • We are required to disclose that information by law.

As the provider of DDF, you:

• Authorize us to draw money from your account in accordance with the terms of your Direct Debit Request and the agreement.
• Acknowledge that if the day on which you are due to make payment to us is not a business day, we will draw under your Direct Debit Request on the next business day following the normal payment date. You will need to enquire directly with your Financial Institution if you are uncertain when they will process an amount we draw under your Direct Debit Request on a day that is not a business day.
• May ask us to:
  • Alter the terms of your Direct Debit Request.
  • Defer a payment to be made under your Direct Debit Request.
  • Stop a drawing under your Direct Debit Request. In such instances, an alternative method of payment must be arranged 3 days prior to the due date, and payment received by the due date.
  • Cancel all your services, including your Direct Debit Request, by sending a written request including your customer number and telephone number to us.
• Will advise us of any disputed amount drawn under your Direct Debit Request as soon as practically possible by notifying us of your dispute by letter or fax (include your customer number and telephone number to us) and provide us with details of the payments in dispute and reasons for the dispute. We will endeavor to resolve any dispute within

In the event that a payment due to us is dishonored or reversed, we may charge you a dishonor fee to cover the costs we incur as a result of the dishonor or reversal. We reserve the right to debit this fee from your account using the Direct Debit Request.

If you wish to dispute a charge or if you believe that a charge has been made in error, you must notify us within 30 days of the disputed charge appearing on your bank statement. Failure to notify us within this timeframe will result in the disputed charge being deemed correct.

We reserve the right to suspend or cancel your Direct Debit Request at any time, at our sole discretion, by giving you notice in writing. If we cancel your Direct Debit Request, you must arrange an alternative payment method for any outstanding fees and charges.

We may amend these Bank Account Direct Debit Terms at any time by giving you notice in writing or by publishing the amended terms on our website. The amended terms will take effect immediately upon being published on our website.

You acknowledge and agree that you are solely responsible for ensuring that there are sufficient clear funds available in your account to cover the payments due to us under the Direct Debit Request. If there are insufficient funds in your account to cover a payment, you may be charged additional fees by your bank or financial institution.

We are not liable to you for any loss or damage you may suffer as a result of us exercising our rights under these Bank Account Direct Debit Terms, or as a result of any error, mistake or delay on our part or on the part of any financial institution involved in the Direct Debit Request.

These Bank Account Direct Debit Terms are governed by the laws of the jurisdiction in which you acquire the service, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

Assignment

You may not assign, transfer or novate this agreement or any of your rights or obligations under this agreement without our prior written consent.

We may assign or novate this agreement or any of our rights or obligations under this agreement to any person approved by us under our assessment policies, by providing written notice to you. The transfer or novation will take effect when the relevant document is signed.

If we transfer or novate this agreement or any of our rights or obligations to a third party, you acknowledge and agree that the third party will be entitled to all of our rights and benefits under this agreement and we will be released from our obligations under this agreement.

You agree to do all things necessary, including executing any documents, to give effect to any assignment or novation under this clause.

Meaning of Words

Terms used within this agreement have the following meaning unless the context suggests otherwise.

"ACMA" means the Australian Communications and Media Authority.

"Agreement" means the agreement for the provision of the services between us comprising the items outlined in clause 1.2 of these standard terms.

"Air limit" means a usage threshold we may impose on use of your mobile service.

"Available service" area means locations in which the service network is capable of providing service. Information on coverage areas is available by contacting us or visiting our website.

"Billing period" means the period in which you are billed by us for service. You will have 12 billing periods per year unless we agree otherwise.

"Billing run" means the process of producing a bill for you. Each billing run corresponds to a billing period.

"Carrier" means a Telecommunications carrier licensed under the Telecommunications Act 1997.

"Contact method" means mail, SMS, MMS, email or telephone.

"Credit assessment policies" means those rules we use to determine whether we wish to accept or decline to provide or continue to provide you with the service. These policies may change from time to time without notice to you. Under these policies you must: be at least 18 years of age; be capable of entering into a legal contract; be alive; not be insolvent or bankrupt or subject to any proceedings to make you insolvent or bankrupt; where you are in a partnership, the partnership must not have been dissolved; where you are a company neither you nor any of your assets may have been assumed under the terms of a debt security instrument or under court order or otherwise appointed.

"Credit limit" means a limit we may place on your use of a service or on amounts you owe us at a point in time.

"Current supplier" means a carrier or telecommunications service provider who supplied telecommunications to you at the time of signing the agreement.

"Customer care policies" means the policies, procedures, terms and conditions under which we provide services. Our customer care policies are updated from time to time and are available on our website or by contacting us.

"Customer service guarantee" means the current minimum performance standard set by the ACMA under sections 115, 117 and 120 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

"Direct debit date" means the date, on or after the due date, on which we will automatically debit your direct debit facility for amounts due.

"Direct debit facility" means the debit account or credit/charge account nominated by you for the debiting of your fees and charges.

"Due date" means the date the amount shown on your tax invoice is due to be paid to us. The due date is not less than 14 days after the tax invoice date.

"Enhanced services" means the services we provide that are designated by us as enhanced services. Our website and plan brochures will detail which services we have designated as enhanced services.

"Equipment" means the item(s) required or otherwise used in conjunction with your service such as mobile phones, fixed lines phones, personal computers, software and modems purchased from us or otherwise.

"Factsheets" means detailed information made available on our website or otherwise.

"Fees and charges" means fees and charges payable by you under your plan and under this agreement including any amounts of applicable GST.

"Fixed line service" means the standard telephone service comprising connection to the public switched telephone network plus any other service(s) offered by us including any enhanced services.

"Fixed period contracts" are entered into where you commit to a minimum period for which you will acquire the service and may be set out in the plan brochure but do not include month to month contracts.

"GST" means the tax imposed by A New Tax System (Goods and Services Tax Imposition General) Act 1999 and any regulations thereto or such other Act and regulations of equivalent effect.

Complaint Handling Process

We are committed to providing high-quality service and products to our customers. If you have a complaint, we encourage you to bring it to our attention. We take all complaints seriously and will work with you to resolve any issues as quickly and fairly as possible.

If you have a complaint, please contact us using one of the contact methods detailed in our customer care policies. We will acknowledge your complaint within 2 business days and aim to resolve it within 15 business days of receiving your complaint.

If we are unable to resolve your complaint within 15 business days, we will inform you of the reason for the delay and the expected timeframe for resolution.

If you are not satisfied with the outcome of your complaint, you can contact the Telecommunications Industry Ombudsman (TIO) for independent dispute resolution. The TIO is a free and independent service for resolving disputes between telecommunications companies and their customers. Contact details for the TIO are available on our website or by contacting us.

We will keep a record of your complaint, including the nature of the complaint, the steps taken to resolve it, and the outcome. This information will be used to improve our products and services and our customer service processes.

By using our Service, you acknowledge that you have read and agree to these Terms of Service. If you have any questions or concerns about this Agreement, please contact us.