QUANTUM MULTIMEDIA COMMUNICATIONS PTY LTD

LINK:Q RECEPTIONIST SERVICE

TERMS AND CONDITIONS

1. Provision of the Service

1.1 Quantum agrees to provide the Service during the times set out in the Online Application Form and in clause 1.4 below in exchange for payment of the fees and charges set out in the Application Form.

1.2 Quantum advises that the Service may be provided via Quantum's network or a carrier's network. Each network has coverage limitations and as a result, the Service is provided only within those areas where network coverage is available. Quantum recommends that you check with your chosen mobile phone carrier regarding the specific coverage they provide.

1.3 Quantum operates a number of call centres in Australia and overseas. Quantum advises that all calls will be received, answered and processed in Quantum's overseas call centre.

1.4 The Service only operates Monday to Friday between the hours of 9.00am and 5.00pm.

1.5 Due to the highly technical nature of the Service, Quantum is unable to warrant that the Service will be provided continuously or without delay, fault or error. The Service may fail for a variety of reasons including interference from other sources, faults in transmission equipment, high internet traffic, human error including the errors or failures of a carrier or any third party. Delay and loss of messages may occur from time to time.

1.6 The provision of the Service by Quantum may be dependent upon your equipment's ability to receive timely and accurate transmissions from Quantum. To the extent that the provision of the Service involves the use of carriers' equipment, the internet or computer networks and systems that are not under the sole control of Quantum, Quantum accepts no responsibility for any failure or malfunction by them which may impact on the provision of the Service.

1.7 Quantum may be required to suspend or limit the Service at any time in order to comply with any legislative or regulatory requirements or the order of a court or the ACMA. Quantum will endeavour to give you prior notice of any suspension or limitation of service however, there may be circumstances when Quantum is unable to provide prior notice.

1.8 Any number issued to you by Quantum remains the property of Quantum and the issuing carrier. As a result, the number is not transferable or portable. In the event that Quantum is required, or decides to discontinue or return a number sequence to a carrier, Quantum will be permitted to provide you with a new number. Quantum will provide reasonable notice of any proposed number change. If you decide to terminate the Agreement, you will not be permitted to retain or transfer your number to another carrier.


2. Your use of the Services

2.1 You must not do anything that interferes with or threatens the operation, stability, viability or integrity of any relevant network.

2.2 The Service is supplied to you on the condition that you only use them for your own personal or business messaging requirements. You cannot re-supply, re-sell, chain or group the Service in any way without first obtaining the written consent of Quantum which may be withheld at Quantum's discretion.

2.3 You must keep your service access password or personal identification number ("PIN") confidential. Quantum is not liable for any loss or damage you suffer if a person quoting your password or PIN requests changes to your service or account details. You are responsible for all fees and charges associated with your Service and account whether transactions were authorised by you or not.

2.4 The Service is supplied and priced on the basis of SMS messages consisting of up to 160 characters. Email messages are subject to reasonable character limits.

2.5 You must not use the network or the Service in a manner that in Quantum's reasonable opinion:

(a) Is contrary to any Commonwealth, State or Territory law, including applicable international conventions and foreign laws (where international SMS is being used), voluntary or involuntary codes of conduct or industry codes, including those relating to gaming, advertising, spam and privacy;

(b) Is used to publish, transmit or store any communication, information or data that is blasphemous, defamatory, obscene, sexually explicit or abusive; or

(c) Is associated with the conduct of a business or other operation that is immoral or illegal.

3. Fees

3.1 You agree to pay the fees and charges for the supply of the Service by Quantum.

3.2 The fees are to be paid via PayPal Australia Pty Ltd's payment system. For details of PayPal's Product Disclosure Statement, User Agreement and Privacy Policy please refer to PayPal's website located at www.paypal.com.au.

3.3 In addition to the fees and charges you will also be liable for the payment of the GST and any other applicable taxes and duties referrable to the Service.

4. Term and Termination

4.1 The initial term of this Contract will be the period you have nominated in the Online Application Form.

4.2 If you want to terminate the Service at the end of the current term, you must give written notice of termination to Quantum at least 5 business days before the expiration of the current term.

4.3 Unless terminated by you in accordance with clause 4.2, this Contract will automatically renew for the same period as the current term and PayPal will debit your account for the fee for the next term.

4.4 If Quantum breaches any of its obligations to you under this Contract and the breach is not remedied within 14 days of you notifying Quantum, you can terminate this Contract immediately upon written notice to Quantum. Despite termination, you will be obliged to pay all fees incurred up to the date of termination.

4.5 Quantum may immediately suspend or discontinue the provision of the Service to you, or terminate this Contract with immediate effect following reasonable notice to you if, in Quantum's reasonable opinion you breach any of your obligations under this Contract and you fail to comply with Quantum's request to remedy the breach within a reasonable time;

4.6 Quantum may charge a reasonable fee for re-connecting your service following suspension or disconnection due to your breach of this Contract. The fee must be paid prior to your service being re-connected.

5. Privacy

5.1 Quantum will comply with its obligations under the Privacy Act 1988 (Cth) with respect to Personal Information (as defined in Section 6) it collects, holds, uses and discloses in connection with this Contract.

5.2 You authorise Quantum to:

(a) Collect and use Personal Information, for purposes related to the provision of the Services. You acknowledge that in the course of its business operations Quantum may be required to disclose Personal Information to third parties such as related service providers and you consent to such disclosure;

(b) Give to and seek a credit report issued by a credit reporting agency, information about your personal or commercial credit arrangements, including information about your creditworthiness; and

(c) Exchange Personal Information with third parties such as a collection agency in order to recover any overdue payment from you, in circumstances where there are grounds to suspect that you are seeking to avoid making any payment under this or any other agreement for telecommunications services;

6. Limitation of Liability

6.1 Neither party is liable to the other or any third party for:

(a) any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or

(b) any indirect or consequential loss or damage; or

(c) any loss or damage relating to the acts or omissions of any carrier or other third party, and all other matters beyond the parties' reasonable control; BUT NOTHING in this Contract will exclude or limit any liability under the Trade Practices Act 1974 (Cth) or any other relevant Commonwealth, State or Territory legislation except to the extent that such liability may be excluded, limited or varied.

6.2 Quantum's liability for breach of any of its obligations to you contained in the Terms and Conditions or any conditions or warranties implied by the Trade Practices Act 1974 (Cth) or any other relevant Commonwealth State or Territory legislation is limited, at Quantum's option, to:

(i) the supply of the Service again; or

(ii) the payment of the cost of having the Service supplied again.

6.3 Nothing in these Terms and Conditions will exclude or limit the liability of either party for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

7. Customer Service Any queries you may have in relation to the supply of the Service must be directed to Link:Q's Customer Service Department.

8. Variation of Quantum's Terms and Conditions

8.1 Quantum can seek to vary these Terms and Conditions at any time upon 21 days written notice to you.

8.2 If you do not agree with the proposed variations and Quantum insists upon the variation proceeding, you can terminate the Contract by 1 month's written notice in writing to Quantum.

8.3 If you do not respond to Quantum's notice to vary the Terms and Conditions within the period specified in the notice and continue to use the Service, you will be deemed to have accepted the proposed variation.

9. Applicable Law This Contract is governed by the laws of the State of Victoria and you agree to submit to the non-exclusive jurisdiction of its courts and those of the Commonwealth of Australia. Definitions

(a) "ACMA" means the Australian Communications and Media Authority;

(b) "Online Application Form" means Link:Q Receptionist Service application form located on the Link:Q website;

(c) "You/Customer" means the person or entity whose details are recorded in the Online Application Form as the Customer;

(d) "Contract" means the Online Application Form and the Terms and Conditions;

(e) "GST" means the goods and services tax described in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;

(f) "Link:Q?" is a registered trademark of Quantum;

(g) "Quantum" means Quantum Multimedia Communications Pty Ltd (ABN 83 094 221 379);

(h) "Service" means the Link:Q Receptionist Service;

(i) "SMS" means Short Message Service and refers to the ability to send and receive messages to and from a mobile telephone; and

(j) "Terms and Conditions" means these terms and conditions.

Contact Numbers:

Link:Q's Customer Service Department: 1300 650 840

National Relay Service: 133 677

Translating and Interpreting Service: 131 450

Telecommunications Industry Ombudsman 1800 062 058