Common use of Your liability to us Clause in Contracts

Your liability to us. 18.1 You, or Your agents¸ or any person who makes use of the Service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability. 18.3 In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service. 18.6 This section 18 shall survive termination. 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 You, or Your agents¸ or any person who makes use of the Service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability. 18.3 In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service. 18.6 This section 18 shall survive termination.. 19 OUR LIABILITY TO YOU 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. This section survives termination. 18.1 You, or Your agents¸ or agents and any person who makes other party making use of the Service (whether authorised or unauthorised) are jointly and severally liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 If We claim all fees as well as any loss or damage against Youarising out of or in connection with the Service, and You indemnify us for any contribution We loss, damage or Our agents costs we incur in connection with Your or any person authorised by Us have made to Your End Users’ use of the loss or damage which is Service, including Equipment used in connection with the subject of claim shall proportionally reduce the extent of Your liabilityService. 18.3 In 18.2 We are not liable to End Users in contract, tort (including negligence), statute or otherwise. If , if an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Servicea Service in breach of this Agreement; or (b) Equipment used in connection with the Servicea Service in breach of this Agreement; (c) Other services or products which rely upon on the Service;; or (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all such claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause aboveclause. 18.3 Any claim we make for loss or damage will be reduced proportionately by any contribution to the loss or damage caused by our own actions or negligence. 18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service. 18.6 This section 18 shall survive termination. 19.1 We have statutory responsibilities 18.5 Notwithstanding anything else in this Agreement, to the extent permitted by law and obligations under: (a) The Telecommunications Act, (b) The Competition without excluding, restricting or modifying any rights or remedies to which You may be entitled to under the consumer guarantee provisions in Parts 3-2 and Consumer Act including Schedule 2, 5-4 of the Australian Consumer Law, and (c) Other applicable lawsneither You or Your End Users may bring any claim against any of Our Suppliers, regulations and codes. 19.2 Nothing in the Agreement removes our Suppliers’ Related Bodies Corporate or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer their respective personnel in connection with those goods the supply (or any delay, failure to or defect in relation to the supply) of any products or services which are direct or indirect inputs to any products or services which are the subject of this Agreement. 18.6 Clause 18.5 does not apply to a claim by You or Your End User for loss or damage suffered or incurred by the Customer arising from or in connection with: (i) any damage to, or loss of, tangible property to the extent that such losses are caused or contributed to by Our supplier, our supplier’s Related Bodies Corporate or any of their respective personnel; or (ii) the death or personal injury of any person to the extent caused or contributed to by: (A) negligent or wilful acts or omissions of Our supplier, Our supplier’s Related Bodies Corporate or any of their respective personnel; or (B) any equipment or network owned, operated or controlled by our Third Party Supplier. 18.7 Neither party is limited liable to the other party (at Our option):or any third party) for Consequential Loss. (a) In respect of goods; repairing If You claim any loss or replacing those goodsdamage against Us, any contribution You or paying the cost of having those goods repaired Your agents or replaced, and (b) In respect of services; resupplying the services, any other person have made to that loss or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to damage shall proportionally reduce the extent that is permitted by the lawof Our liability. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 17.1 You, or Your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liabilityliability by up to a maximum of 100%. 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) : The use (or attempted use) of the Serviceservice; or (b) or Equipment used in connection with the Service; (c) service; Other services or products which rely upon the Service; (d) service; Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third-parties for any claims in relation the Service, including to Your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third-parties may make against Us in respect of Your Service, including in respect of Your use of the Serviceservice. 18.5 17.5 You, Your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination.. 18 OUR LIABILITY TO YOU 19.1 18.1 We have statutory responsibilities and obligations under: (a) : The Telecommunications Act, (b) , The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) and Other applicable laws, regulations and codes. 19.2 18.2 Nothing in the Agreement agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 18.3 We will comply with the Australian Consumer Law as in effect from time to time. 18.4 Under the Australian Consumer Law, if under the Agreement We supply You agree to purchase goods or services with a price of from Us which cost less than $40,000 or which are ordinarily normally acquired for domesticpersonal, personal domestic or household useuse and You do not re-supply those goods or services Consumer Guarantees apply to those goods or services. We guarantee that The goods are of acceptable quality (unless We specifically draw your attention to the reasons why goods are not of acceptable quality. Any express warranties will be honoured. You are buying goods that have clear title, that do not have undisclosed securities and with an undisturbed right to possession. You are buying goods that are fit for any disclosed purpose. You are buying goods that match the description, sample or demonstration model. Any services which We supply are provided with due care and skill, are fit for any specified purpose (as are any products resulting from the services) and are provided within a reasonable time if no time is fixed for the supply of services. These guarantees cannot be excluded and if We fail to meet a consumer guarantee in respect of any goods or services We provide, You may have rights against Us. Depending on the circumstances, these may include; Repair of the good or service, Replacement or resupply of the goods or service, Refund of all or part of the money paid in respect of the good or service, Recovery of reasonably foreseeable loss or damage suffered. You may not be entitled to a refund or replacement under the Australian Consumer Law if; The goods are not rejected within a reasonable period, You have lost the goods, You have disposed of or destroyed the goods, The goods have been damaged after delivery. 19.4 18.5 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our our option): (a) ), In respect of goods; repairing Repairing or replacing Replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) and In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 18.6 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 18.7 We may be liable to You for (a) for Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our our personnel during installation, repair or maintenance, (b) , Subject to clause 18.5 and the agreement, Interruptions in the service resulting from the negligence of Us or our personnel, Death or personal injury directly caused by negligence or breach of contract by Us or our personnel. 18.8 If You claim any Service Level loss or damage against Us, any contribution You or Your agents or any other person have made to that loss or damage shall proportionally reduce the extent of our liability by up to a maximum of 100%. 18.9 As no service level agreement applies to Your service, liability in respect of interruptions or delays is limited to an amount equal to the charges billed in respect of the interrupted service pro-rated for the period of the interruption or delay. 18.10 In no event will our liability exceed the total amount of charges You incur for the interrupted service during the billing period in which the interruption or delay occurred. 18.11 We will not under any circumstances be responsible for any loss or damage arising from circumstances beyond our reasonable control. 18.12 We will not under any circumstances be liable to You or any third party for; any loss of profit or revenue ; any loss of potential profit or revenue; any loss of business opportunities; any loss of goodwill; any loss of productivity or production; any loss of data ; any loss caused by additional labour costs any loss caused by additional costs incurred in mitigating any circumstance Which flows from our negligence, failure to comply with this agreement or any other action or omission on our behalf. 18.13 This section 18 shall survive termination. 19 WARRANTIES 19.1 We represent and warrant to You on a continuing basis that: We have full corporate power and have taken all necessary action to enter into this Agreement, clauseand perform the Services contemplated by this Agreement; Upon execution of this Agreement, its obligations will be valid, binding and enforceable; We do not enter into this Agreement as trustee of any trust; and We hold all licences, permits, consents and authorisations required under any law in relation to the provision of the Services and will continue to do so at all times during the term of this Agreement. 19.2 You represent and warrant to Us on a continuing basis that: You have full power and have taken all necessary action to enter into this Agreement, and fulfil the obligations contemplated by this Agreement, including incursion and payment of all fees and charges; Upon execution of this Agreement, its obligations will be valid, binding and enforceable; Unless otherwise disclosed, You do not enter into this Agreement as trustee of any trust; You hold all licences, permits, consents and authorisations, if any, required under any law in relation to the receipt of the Services and will continue to do so at all times during the term of this Agreement; You accept all responsibility for the selection of the Services to meet Your requirements, and that We do not warrant that the Services will be suitable for such requirements, nor that any Services will be uninterrupted or error-free; You accept all responsibility for ensuring that regular copies of all of Your data are made and backed up, and that it is not our responsibility to back up Your data.

Your liability to us. 18.1 17.1 You, or Your your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liabilityyour liability by up to a maximum of 100%. 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, : You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third--parties for any claims in relation the Service, including Your to your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third--parties may make against Us in respect of Your Service, including in respect of Your your use of the Serviceservice. 18.5 17.5 You, Your your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination.. 18 OUR LIABILITY TO YOU 19.1 18.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 18.2 Nothing in the Agreement agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 18.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 18.4 Our liability (if any) for breach of Your your statutory rights as a consumer in connection with those goods or services is limited to (at Our our option):), (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 18.5 Other than Your your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 18.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 17.1 You, or Your your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liabilityyour liability by up to a maximum of 100%. 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) 1. The use (or attempted use) of the Serviceservice; or (b) 2. Equipment used in connection with the Serviceservice; (c) 3. Other services or products which rely upon the Serviceservice; (d) 4. Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third-parties for any claims in relation the Service, including Your to your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third-parties may make against Us in respect of Your Service, including in respect of Your your use of the Serviceservice. 18.5 17.5 You, Your your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination. 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 You, or Your agents¸ or any person who makes use of the Service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability. 18.3 In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service. 18.6 This section 18 shall survive termination. 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 17.1 You, or Your your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liabilityyour liability by up to a maximum of 100%. 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) : • The use (or attempted use) of the Serviceservice; or (b) or • Equipment used in connection with the Service; (c) service; • Other services or products which rely upon the Service; (d) service; • Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third-parties for any claims in relation the Service, including Your to your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third-parties may make against Us in respect of Your Service, including in respect of Your your use of the Serviceservice. 18.5 17.5 You, Your your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination. 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 18.1. You, or Your agents¸ agents or any person who makes use of the Service (whether authorised or unauthorisedUnauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 18.2. If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability. 18.3 18.3. In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 18.4. We are not liable to third parties for any claims in relation to the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 18.5. You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service. 18.6 This . 18.6. The section 18 shall survive termination. 19.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer in connection with those goods or services is limited to (at Our option): (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 We may be liable to You for (a) Repair or replacement of Your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clause

Your liability to us. 18.1 You, or Your agents¸ or any person who makes use of the Service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courtsThis section survives termination. 18.2 If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability. 18.3 In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service. 18.5 18.1 You, Your agents and any other party making use of the Service are jointly and severally liable for all fees as well as any loss or damage, howsoever caused, damage arising out of or in connection with the Service, and You indemnify us for any loss, damage or costs we incur in connection with Your or Your End Users’ use of the Service, including Equipment used in connection with the Service. 18.6 This section 18 shall survive termination. 19.1 18.2 We have statutory responsibilities and obligations underare not liable to End Users in contract, tort (including negligence), statute or otherwise, if an End User makes a claim against Us in relation to: (a) The Telecommunications Act,use (or attempted use) of a Service in breach of this Agreement; or (b) The Competition Equipment used in connection with a Service in breach of this Agreement; (c) Other services or products which rely on the Service; or (d) Any other matter arising out of the relationship between You and Consumer Act Us, You must pay Us for any loss We suffer in connection with such claims, including Schedule 2Our own reasonable costs, which may be made against Us in respect of the matters listed in this clause. 18.3 Notwithstanding anything else in this Agreement, to the extent permitted by law and without excluding, restricting or modifying any rights or remedies to which You may be entitled to under the consumer guarantee provisions in Parts 3- 2 and 5-4 of the Australian Consumer Law, and (c) Other applicable lawsneither You or Your End Users may bring any claim against any of Our Suppliers, regulations and codes. 19.2 Nothing in the Agreement removes our Suppliers’ Related Bodies Corporate or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 Our liability (if any) for breach of Your statutory rights as a consumer their respective personnel in connection with those goods the supply (or any delay, failure to or defect in relation to the supply) of any products or services is limited which are direct or indirect inputs to (at Our option):any products or services which are the subject of this Agreement. 18.4 Clause 18.3 does not apply to a claim by You or Your End User for loss or damage suffered or incurred by the Customer arising from or in connection with: (a) In respect of goods; repairing or replacing those goodsany damage to, or paying loss of, tangible property to the cost extent that such losses are caused or contributed to by Our supplier, our supplier’s Related Bodies Corporate or any of having those goods repaired their respective personnel or replaced, andthird party suppliers; or (b) In respect the death or personal injury of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 Other than Your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, any person to the extent that is permitted by the law. 19.6 We may be liable caused or contributed to You forby: (ai) Repair negligent or replacement willful acts or omissions of Your tangible property if damage is directly caused to it by faultOur supplier, negligence Our supplier’s Related Bodies Corporate or fraud by Us or Our personnel during installation, repair or maintenance,any of their respective personnel; or (bii) Subject to any Service Level Agreementequipment or network owned, clauseoperated or controlled by our third party supplier.

Your liability to us. 18.1 17.1 You, or Your your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liabilityyour liability by up to a maximum of 100%. 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) The use (or attempted use) of the Service; or (b) Equipment used in connection with the Service; (c) Other services or products which rely upon the Service; (d) Any other matter arising out of the relationship between You and Us, : You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third-parties for any claims in relation the Service, including Your to your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third-parties may make against Us in respect of Your Service, including in respect of Your your use of the Serviceservice. 18.5 17.5 You, Your your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination. 19.1 . 18 OUR LIABILITY TO YOU 18.1 We have statutory responsibilities and obligations under: (a) The Telecommunications Act, (b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) Other applicable laws, regulations and codes. 19.2 18.2 Nothing in the Agreement agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations. 19.3 18.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use. 19.4 18.4 Our liability (if any) for breach of Your your statutory rights as a consumer in connection with those goods or services is limited to (at Our our option):), (a) In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In respect of services; resupplying the services, or paying the cost of having those services resupplied. 19.5 18.5 Other than Your your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 18.6 We may be liable to You for (a) Repair 18.7 If You claim any loss or replacement damage against Us, any contribution You or your agents or any other person have made to that loss or damage shall proportionally reduce the extent of Your tangible property if our liability by up to a maximum of 100%. 18.8 If your service is interrupted or delayed We accept liability to You but our liability is limited as specified in any applicable service level agreement. If no service level agreement applies to your service liability in respect of interruptions or delays is limited to an amount equal to the charges billed in respect of the interrupted service pro- rated for the period of the interruption or delay. 18.9 In no event will our liability exceed the total amount of charges You incur for the interrupted service during the billing period in which the interruption or delay occurred. 18.10 We will not under any circumstances be responsible for any loss or damage is directly caused arising from circumstances beyond our reasonable control. 18.11 We will not under any circumstances be liable to it by faultYou or any third party for ; Which flows from our negligence, negligence failure to comply with this agreement or fraud by any other action or omission on our behalf. 18.12 This section 18 shall survive termination. 19 WARRANTIES 19.1 We represent and warrant to You on a continuing basis that: 19.2 You represent and warrant to Us or Our personnel during installation, repair or maintenance, (b) Subject to any Service Level Agreement, clauseon a continuing basis that:

Your liability to us. 18.1 ‌ 17.1 You, or Your your agents¸ or any person who makes use of the Service service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts. 18.2 17.2 If We claim any loss or damage against You, any contribution We or Our our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability.your liability by up to a maximum of 100%. We are not liable to your end users‌ 18.3 17.3 In contract, tort (including negligence), statute or otherwise. If an End User end user makes a claim against Us in relation to: (a) : ⋅ The use (or attempted use) of the Serviceservice; or (b) or ⋅ Equipment used in connection with the Service; (c) service; ⋅ Other services or products which rely upon the Service; (d) service; ⋅ Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above. 18.4 17.4 We are not liable to third third-parties for any claims in relation the Service, including Your to your use of the Serviceservice. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our our own costs incurred (which are to include a genuine and reasonable estimate of Our our own administration and professional costs), arising out of or in connection with any and all claims which third third-parties may make against Us in respect of Your Service, including in respect of Your your use of the Serviceservice. 18.5 17.5 You, Your your agents and any other party making use of the Service service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Serviceservice. 18.6 17.6 This section 18 17 shall survive termination.. 18 OUR LIABILITY TO YOU‌ We have legal responsibilities and obligations‌ 19.1 18.1 We have statutory responsibilities and obligations under: (a) : ⋅ The Telecommunications Act, (b) , ⋅ The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and (c) and ⋅ Other applicable laws, regulations and codes. 19.2 18.2 Nothing in the Agreement agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations.. The Australian Consumer Law‌ 19.3 18.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for domestic, personal or household use.. Our liability for breaches of consumer guarantees‌ 19.4 18.4 Our liability (if any) for breach of Your your statutory rights as a consumer in connection with those goods or services is limited to (at Our our option): (a) ), ⋅ In respect of goods; repairing or replacing those goods, or paying the cost of having those goods repaired or replaced, and (b) In and‌ Our liability in respect of services; resupplying matters not covered by the services, or paying the cost of having those services resupplied.Australian Consumer Law‌ 19.5 18.5 Other than Your your statutory rights which cannot be excluded, We expressly exclude all liabilities, rights, remedies, conditions, warranties and other terms that may be implied by custom, statute or common law, to the extent that is permitted by the law. 19.6 18.6 We may be liable to You for (a) for ⋅ Repair or replacement of Your your tangible property if damage is directly caused to it by fault, negligence or fraud by Us or Our our personnel during installation, repair or maintenance, (b) , ⋅ Subject to any Service Level Agreement, clauseclause 18.5 and the agreement, Interruptions in the service resulting from a fault or negligence of Us or our personnel,‌ ⋅ Death or personal injury directly caused by negligence or breach of contract by Us or our personnel. 18.7 If You claim any loss or damage against Us, any contribution You or your agents or any other person have made to that loss or damage shall proportionally reduce the extent of our liability by up to a maximum of 100%. Our liability for interruptions and delays‌ 18.8 If your service is interrupted or delayed We accept liability to You but our liability is limited as specified in any applicable service level agreement. If no service level agreement applies to your service liability in respect of interruptions or delays is limited to an amount equal to the charges billed in respect of the interrupted service pro- rated for the period of the interruption or delay. 18.9 In no event will our liability exceed the total amount of charges You incur for the interrupted service during the billing period in which the interruption or delay occurred. Our liability for matters beyond our control‌ 18.10 We will not under any circumstances be responsible for any loss or damage arising from circumstances beyond our reasonable control. Our liability in respect of certain types of loss.‌ 18.11 We will not under any circumstances be liable to You or any third party for ; ⋅ any loss of profit or revenue ; ⋅ any loss of potential profit or revenue; ⋅ any loss of business opportunities; ⋅ any loss of goodwill;‌ ⋅ any loss of data ; ⋅ any loss caused by additional labour costs ⋅ any loss caused by additional costs incurred in mitigating any circumstance‌ Which flows from our negligence, failure to comply with this agreement or any other action or omission on our behalf. 18.12 This section 18 shall survive termination. 19 WARRANTIES‌ Our warranty to You‌ 19.1 We represent and warrant to You on a continuing basis that: ⋅ We have full corporate power and have taken all necessary action to enter into this Agreement, and perform the Services contemplated by this Agreement; ⋅ Upon execution of this Agreement, its obligations will be valid, binding and enforceable; ⋅ We do not enter into this Agreement as trustee of any trust; and‌ Your warranty to Us‌ 19.2 You represent and warrant to Us on a continuing basis that: ⋅ You have full power and have taken all necessary action to enter into this Agreement, and fulfil the obligations contemplated by this Agreement, including incursion and payment of all fees and charges;