In consideration of the mutual covenants herein, the parties agree:

"Authorised Representatives" means those persons, to a maximum of five (5), referred to in Item 5 of Schedule 1 that are put forward by the Customer and approved by Westnet from time to time.

"Co-location Space" means the physical space that the Server Equipment occupies.

"Commencement Date" means the date upon which Westnet shall commence to provide the Services as specified in Item 3 Schedule 1.

"Connectivity" means a connection between Server Equipment and the Internet that allows for the transmission of Data.

"Data" means all information, graphics, email, files, or any other objects, existing now or in the future that can be transmitted to, through, or from Server Equipment.

"Fees" means those fees and payments specified in Item 3, Schedule 2.

"Hardware" means the computer hardware specified in Item 1.1, Schedule 2.

"Initial Fees" means those fees and payments specified in Item 2, Schedule 2.

"IP Address" means the Internet Protocol address specified in Item 4, Schedule 1.

"Premises" shall mean the physical structure or dwelling in which the Co-location Space exists.

"Server Equipment" means all Customer-provided Servers or related equipment transferred to Westnet under this Agreement.

"Services" means the services, equipment and other items specified in Item 1, Schedule 2.

"Software" means the software specified in Item 1.2, Schedule 2.

"System" means the Westnet system.

"Term" means that period specified in Item 2 of Schedule 1.

"Unscheduled or Emergency Maintenance" shall mean all repairs, upgrades, maintenance, or tests that are not scheduled or about which Customer has not received prior notification.

2. Services

Westnet will provide the Services to the Customer on the following terms as and from the Commencement Date.

3. Term

3.1 This Agreement shall begin on the Commencement Date and continue for the Term.

3.2 Upon the expiry of the Term, this Agreement shall automatically renew for successive annual periods until either party notifies the other in writing at least two (2) calendar months prior to the end of the then current term, of its intention not to renew this Agreement.

4. Maintenance & Support

4.1 Westnet shall provide the Co-location Space, lighting, air conditioning and electrical power required for the accommodation and operation of the Server Equipment.

4.2 Westnet may, from time to time and at its sole election, conduct routine tests, maintenance, upgrade, support or repair on any part of the System, Hardware or Software and or any Service Equipment that may disrupt the Services.

4.3 The Customer acknowledges that it may not be possible for Westnet to give advance notice of a disruption to the provision of the Services or any of them.

4.4 The Customer shall not be entitled to disrupt the Services at any time without the prior written consent of Westnet.

4.5 Maintenance and support services shall not include services for problems arising out of:

(a) tampering, modification, alteration, or addition to the Hardware or Software, undertaken by persons other than Westnet; or

(b) programs or hardware supplied by the Customer.

5. Customer Obligations

5.1 The Customer shall:

(a) be responsible for the re-configuration and testing of the Server Equipment upon the installation of the Server Equipment at the Co-location Space;

(b) immediately remove or render non-infringing, at the Customer's sole expense, any Server Equipment alleged to infringe any patent, trademark, copyright, or any other intellectual property rights of any person;

(c) assume sole responsibility for Equipment maintenance and repair;

(d) be responsible for contacting and coordinating with their maintenance contractors and shall supervise any corrective maintenance on the Server Equipment.; and

(e) ensure Authorised Personnel deliver the Server Equipment to the Premises and install the same anytime after the Commencement Date by agreement with Westnet.

5.2 The Customer represents and warrants that neither it nor any User will use the Services for any unlawful purpose whatsoever or to interfere with, or disrupt, other network users, network services, or network equipment. For the purpose of this Agreement, ‘disruptions’ shall include, without limitation, distribution of unsolicited advertising or chain letters, harassment of other network users, wrongly impersonating another user, falsifying a network identity for improper or illegal purposes, sending unsolicited, spam and or mass e-mailings, propagation of computer viruses, using network to make unauthorized entry to any other machine accessible location, via the network, and distributing of tools designed for compromising security (i.e. including, but not limited to, password guessing programs, cracking tools or network probing tools).

5.3 The Customer may vary the Services from time to time by written notice to Westnet, provided that such notice is received by Westnet no later than the tenth day of the month preceding the month in which the Services are sought to be varied.

6. Interruptions

Westnet shall not, under any circumstances, be held liable for a failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

7. Customer Content

7.1 The Customer agrees that it has sole and exclusive control over the Date and is solely responsible for the content of any postings, data or transmissions using the Services (the "Content"), or any other use of the Services by the Customer or by any person entity the Customer permits to access the Services (a "User").

7.2 The Customer acknowledges and agrees that Westnet has no access whatsoever to the Data that would permit Westnet to exercise any control over the Data.

7.3 Westnet accepts no responsibility for the Data passing through the System and Customer hereby indemnifies and holds harmless in full, Westnet against any loss or damage howsoever arising or however caused by the Data.

8. Payment & Invoices

8.1 Westnet shall not be obliged to provide the Services to the Customer until the Initial Fees are paid in full.

8.2 Westnet shall invoice the Customer monthly in advance for all Services and Fees.

8.3 The Customer shall pay all Westnet invoices within fourteen (14) calendar days of receipt direct to the designated Westnet bank account by electronic funds transfer.

8.4 All Fees shall be inclusive of Goods & Services Tax (Cth).

8.5 The Customer agrees that all monies paid to Westnet are non-refundable.

8.6 The Customer must notify Westnet in writing of any disputed charges within seven (7) days of the date of the billing for such charges. If the Customer does not notify Westnet within that time period, the Customer has waived any right to dispute such amounts, either directly or indirectly or as a set-off, or defence in any action or efforts to collect amounts due to Westnet.

8.7 All accounts more than 30 days past due will be charged interest from the due date of the lesser of 2% per month on the past due amount. Westnet may also suspend, interrupt, or terminate Services on any account that is past due by more than thirty (30) calendar days, by disabling the connection to the server. In the event of disconnection, the Customer must pay Westnet any relevant Fees.

9. Fee Variations

Westnet may revise the Fees every twelve (12) calendar months by notice in writing to the Customer.

10. Authorised Representatives

10.1 The Authorised Representatives shall only be permitted to enter the Premises and access the Server Equipment:

(a) during business hours by prior written notice of at least five (5) business hours;

(b) for four (4) free access hours per calendar month;

(c) upon production of satisfactory photographic identification to Westnet; and

(d) if the Authorised Representative is accompanied by a Westnet representative.

10.2 Westnet may, in its sole discretion, permit an Authorised Representative to access the Facility in circumstances not in accordance with the preceding paragraphs. If this occurs, the Customer shall be liable to additional Fees.

11. Confidential Information

11.1 Confidential Information shall mean all information identified by a party ("Disclosing Party") to the other party ("Receiving Party"), which, if in writing labelled as confidential, or if disclosed orally, would, in the ordinary course of business be considered confidential.

11.2 Confidential Information shall remain the sole property of the Disclosing Party. Except for the specific rights granted by this Agreement, the Receiving Party shall not use any Confidential Information of Disclosing Party for its own benefit or for the benefit of others. Receiving Party shall not disclose Confidential Information to any third party without written consent of Disclosing Party.

11.3 Confidential Information shall exclude information:

(a) available to the public other than by a breach of this Agreement;

(b) legitimately received from a third party not in breach of an obligation of confidentiality;

(c) independently developed by Receiving Party without access to Confidential Information;

(d) known to Receiving Party at the time of disclosure; and/or

(e) produced in compliance with a court order.

11.4 Receiving Party shall, where possible, give reasonable notice to Disclosing Party that Confidential Information is being sought by a third person, so as to afford the opportunity to limit or prevent such disclosure. Receiving Party agrees to cease using all Confidential Information, and to promptly return or destroy such Confidential Information to Disclosing Party. Notwithstanding the foregoing, the Customer consents to the disclosure by Westnet of account information to credit reporting agencies, credit bureaus, private credit reporting associations, or to other providers of communications services.

12. Limitation of Liability

12.1 The Customer agrees that the liability of Westnet (including, its employees, agents, or representatives), to the Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of, or relating to, this Agreement or the provision of the Services (including, without limitation, maintenance and support) shall be limited to the amount of fees paid by the Customer to Westnet under this Agreement in the twelve calendar months prior to the event giving rise to the claim arising.

12.2 The Customer agrees that Westnet expressly limits its damages to the Customer for any non-accessibility tie or other down time to the pro-rata monthly charge during the system unavailability.

12.3 In no event shall Westnet be liable to the Customer for any loss of Data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability.

13. Indemnity

The Customer shall defend, indemnify, and hold harmless Westnet from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including consequential loss, reasonable legal fees and litigation expenses) arising out of or relating to any and all claims:

(a) by any person relating to the use of the Services, including but not limited to, use of the Services without the consent of the Customer; and

(b) for any breach of this Agreement by the Customer, including in relation to the loss of Data resulting from delays or interruptions to the Services, low speed end to end connections.

14. Disclaimer

14.1 Westnet makes no warranties or representations of any kind, whether expressed or implied in relation to the Services. To the maximum extent permitted by law, Westnet specifically disclaims all implies warranties in relation to the Services, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

15. Termination

15.1 Either party may terminate the Agreement by giving the other party at least thirty (30) days written notice prior to the end of the Term when the Customer desires Services to cease.

15.2 If the Customer elects to terminate this Agreement prior to the expiry of the Term, all amounts owing under this Agreement for the balance of the Term and any other Fees to which Westnet may be entitled under this Agreement shall immediately become a debt due and owing by the Customer to Westnet.

15.3 Westnet may terminate this Agreement immediately if:

(a) the Customer fails to pay (and Westnet has not received in cleared funds) any amounts due within thirty (30) days after the due date;

(b) Westnet believes, in good faith, that the Customer or a User is utilizing the Services for any such illegal or disruptive purpose;

(c) there has been a breach of Clause 5.2 of this Agreement; or

(d) the Customer is notified by Westnet that it is in breach of this Agreement or the Westnet General Terms and Conditions and has not rectified such breach to the satisfaction of Westnet within fourteen (14) days from the date of such notice.

15.4 If Westnet terminates this Agreement pursuant to the preceding paragraph, in addition to any other amounts that the Customer may owe to Westnet, Westnet shall also be entitled to receive as monies immediately due and owing, full contract payments of all amounts for the balance of the Term.

15.5 Upon the expiry or termination of this Agreement the Customer shall:

(a) co-operate with Westnet to enable the removal of all Customer Equipment from the Facility within fourteen (14) calendar days. If the Customer does not work with Westnet to remove the Customer Equipment within this period then Westnet may arrange for the removal and storage of the Customer Equipment at the cost and expense of the Customer; and

(b) have no right to use any IP Address supplied to it by Westnet and any changes required to any IP Address shall be the sole responsibility of the Customer.

16. Miscellaneous

16.1 Neither party has authority to contract or bind the other.

16.2 The Customer may not assign this Agreement, in whole or in part, either voluntarily or by operation of law, without the prior written consent of Westnet and any attempt to do so shall be void and a default of this Agreement.

16.3 Any notice hereunder shall be in writing and shall be given by registered or express mail, or reliable courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. Either party may change its address for notice by means of notice to the other party.

16.4 Any failure by either party to exercise or enforce its rights under this Agreement shall not act as a waiver of subsequent breaches.

16.5 Westnet reserves the right to release Customer information to system administrators at other sites if it discovers that the Customer is involved in violations of system security. The Customer acknowledges and agrees that Westnet may be required to disclose information covered by the Privacy Act (Cth) to governmental authorities.

16.6 Any IP Address provided to the Customer by Westnet is the sole property of Westnet.

16.7 The Customer shall be responsible for insuring all Server Equipment and shall hold Westnet harmless from all claims resulting out of damage, fire, or any other casualty or loss.

16.8 If the Customer elects to subscribe to receive additional products or Services from Westnet the Customer acknowledges and agrees that it shall also be bound by the applicable terms and conditions of such products or Services.