General Terms for the Standard Form of Agreement

This document is known as the "General Terms", and states the standard terms and conditions for the supply and use of the Naya corporation pty ltd Service.

The General Terms are part of Naya corporation pty ltd's Standard Form of Agreement ("SFOA"). The documents that form the SFOA are:

• your application (whether made over the internet, by telephone or on paper)
• these General Terms
• the Service Description
• the Price Table
• applicable Special Conditions and Service Descriptions
• the Device Store Terms of Service
• the Dictionary

In the SFOA, terms that are defined in the Dictionary will start with a capital letter. For example, in the statement "Naya corporation pty ltd will supply the Service", the word "Service" is capitalised to indicate that it is defined in the Dictionary.

If any document that is part of the SFOA contains a term or condition that contradicts a term or condition in another document that is part of the SFOA, the term or condition from the document that is listed first in clause 1.1.2 will apply.

To understand your rights and obligations as well as our obligations to you, you need to read all of the documents that form the SFOA. The following is a brief summary of each document in the SFOA:

• The Service Description is the detailed description of the Service that we offer, including payment options, payment features, requirements to use the Service, and availability of the Service.
• The Price Table sets out all fees and charges that we may charge you for using the service, for late payments and other items such as Value Added Services.
• The Dictionary explains the terms and expressions which we use in the documents that form the Agreement.

You may download the latest version of all documents that make up the SFOA from our website www.Naya corporation pty ltd.com.au.

The SFOA is your entire Agreement with us with respect to the Supply of the Services.

By clicking the check box to accept the Naya corporation pty ltd Terms and Conditions at www.Naya corporation pty ltd.com.au and submitting an order, or by instructing an Naya corporation pty ltd representative to complete an order on your behalf you will enter into a contract with us (Naya corporation pty ltd Mobile Pty Ltd ABN 82 645 692 093) on the terms of the SFOA. That contract is known as the "Agreement".

The Agreement does not have a minimum term and continues until it is terminated or is not renewed. The Service can be cancelled at any time, and this Agreement will come to an end as soon as the terminating party's remaining obligations are met (for example, the payment of all outstanding bills).

If you have an Naya corporation pty ltd Mobile Service, the Agreement starts with the Activation of your Naya corporation pty ltd SIM Card. You can activate your Naya corporation pty ltd Mobile Service either online at our website www.Naya corporation pty ltd.com.au or by using the Naya corporation pty ltd app.

If you have an Naya corporation pty ltd NBN Home Internet, your Agreement starts when you apply for the Service, accept the terms and conditions set out in your Agreement and we accept your application.

You agree that you are responsible for any use of the Service (including the use of your Naya corporation pty ltd SIM card) by any other person. For example you will be responsible for:

• paying all usage charges incurred by a person using the Service associated with your Naya corporation pty ltd SIM Card or NBN connection
• any account changes and top-ups where you provide other people with access to your account or Service
• allowing family members to gain access to your MyNaya corporation pty ltd account via a common computer or device

Except for changes described in clause 2.2, we will give you at least 21 days notice in writing (normally, by email) before we make a change to the Agreement that may be detrimental to you, or that could interfere with your enjoyment of the Service.

If we make a change to the Agreement that may be detrimental to you under clause 2.1, you may elect not to renew your Service. If the renewal date of your Service occurs after the effective date of the changes (or if there is no applicable renewal date), you will have the right to cancel the Service within 30 days from the date of our notice.

We can change the Agreement without first telling you about the change if we reasonably form the view that the change is beneficial to you, or does not interfere with your enjoyment of the Service. In the following limited circumstances we can also change the Agreement without first telling you:

• updates to charges for international Service and roaming charges
• changes permitted by law, where we reasonably consider it fair to make such a change
• where such a change is required by law or applicable regulation, such as an adjustment to the GST rate

Except as otherwise authorised by this clause 2 or otherwise by this Agreement, neither you nor we can change this Agreement unless both of us agree to the change.

As a carriage service provider, we may be required under Australian law to establish the identity and residential address location of our customers before we activate your Naya corporation pty ltd Service. If we are unable to establish your identity or residential address, or if you give us false or inaccurate information, we will be unable to supply the Service to you.

You must ensure that the customer details you provide to us are complete, accurate and up to date. You must provide us with any change of residential address within a period of 14 days of that change.

We will collect and use any Personal Information about you in accordance with applicable law, and our privacy policy (as amended from time to time).

We may be permitted or required by law to collect or disclose your Personal Information in some circumstances, including to assist:

• Emergency Services
• law enforcement agencies and Government agencies, including for the enforcement of criminal and other laws
• the operator of the Integrated Public Number Database (IPND)

You may opt out of the receipt of certain material, such as promotional, marketing, or advertising material about Naya corporation pty ltd products. You can opt out in your Personal Log-in Area on our website www.Naya corporation pty ltd.com.au or by calling our Service Hotline on 1300 808 300.

If you are a Pre-paid Mobile customer, a record of your mobile telephone usage of the Service can be accessed in your Personal Login Area on our website www.Naya corporation pty ltd.com.au. Your usage records do not constitute an invoice.

Upon purchase of Airtime Credit we will provide you with a digital invoice in pdf or other common format. The digital invoice constitutes a tax invoice for the recharge amount. Paper invoices can be produced by our service team upon request and will be charged at the rate set out in the Price Table.

If you are a Post-paid mobile customer, we will send you a bill during each calendar month for the services you have used in the previous billing period. Your bill will specify the total amount payable for your use of the Service. However, your bill will not contain details of individual calls you have made in the relevant billing period.

You will receive your first bill in the month following the activation of your Post-paid Payment Option. We will normally bill you on the same day of the month. Your billing day will be determined by the day on which your Post-paid Payment Option is activated.

Unless clause 4.4.2 applies, you may pay your bill by any payment method as set out on the bill, which may include electronic funds transfer, BPAY, credit or debit card. In some circumstances, we may impose restrictions on your payment options.

If you do not use direct debit for your Naya corporation pty ltd mobile Service, you must pay the entire amount of your invoice on the due date as specified on your invoice.

If you choose to provide us with a verified bank account or credit card / PayPal details for the purpose of a one-off or recurring direct debit transaction, we will debit your nominated account fourteen calendar (14) days from the issue date of your invoice (the Due Date).

As an Naya corporation pty ltd mobile Post-paid customer, if a direct debit fails or is rejected due to a problem for which you are responsible, we will attempt to repeat the direct debit transaction up to three times in the following two weeks.

If you owe any amount to us for any reason, we may apply any amount you pay to us (for any reason) to set off against the amount owed by you.

If you use the Post-paid Payment Option and you pay to us more than the amount you owe to us at any time, your account will be credited with the amount that you have overpaid. Your next bill will be reduced by the amount of credit in your account.

Unless otherwise indicated all fees and charges that are set out in the Price Table are inclusive of tax where applicable, including goods and services tax. If any new tax or government impost is introduced, we will make appropriate adjustments to the fees and charges in the Price Table.

If you choose to add a Credit Card as the payment method for your account, we may perform a pre-authorisation transaction against your Credit Card account.

If you are a mobile Service Post-paid Payment Option customer and you wish to change your Payment Option to the Pre-paid Payment Option you may do so by making the appropriate selection in your Personal Login Area on our website www.Naya corporation pty ltd.com.au, or by contacting us via Live Chat.

If you are a mobile Service Pre-paid payment Option customer it is not possible to switch to a Post-paid Payment Option.

All Naya corporation pty ltd SIM Cards that are activated in your customer account must have the same Payment Option. However, you can choose different payment methods for each Pre-paid Payment Option Naya corporation pty ltd SIM Card.

When you are using the Service you must comply with: the SFOA; the law; all directions by relevant authorities; the Copyright Policy; the Naya corporation pty ltd Fair Go Policy; and all reasonable directions from us.

You must not use or attempt to use the Service:

• to infringe or interfere with the legal rights of any other person
• to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing, unwanted or otherwise prohibited by law
• to expose us or any of our suppliers to liability
• in any way which damages, interferes with or interrupts the Service or network
• to resell, distribute or reproduce any part of the Service without our prior approval in writing
• to make or receive calls using the Service other than for your own personal or business use
• to wholesale the Service, including by transmitting, refiling or aggregating network traffic
• to operate a carriage service, or to act as a carrier as defined in the Telecommunications Act 1997
• in a way which enables children to access material inappropriate for a minor
• in a way which incites discrimination, hate or violence towards one person or group
• to engage in any misleading or deceptive business or marketing practice
• to provide or promote illegal pyramid selling schemes or unlawful gambling or gaming activities

For your protection and to protect the integrity of the Service, we may contact you, or we may suspend your use of the Service, if we become aware of, or reasonably suspect, use of the Service that is unusual.

When you use the Service it is your responsibility to comply with any rules imposed by any third party whose content or service you access using the Service or whose network your data traverses.

If you use your own equipment in connection with the Services, you must ensure that your equipment complies with all relevant laws and directions of relevant authorities, and complies with all of our reasonable requirements.

Maintenance of wiring and equipment in your premises that is beyond the networks of carriers over which Naya corporation pty ltd delivers its Service is solely your responsibility.

You acknowledge that nothing in this Agreement grants any right to you to use any material in which we or any of our suppliers own intellectual property rights, and you may not use, promote, copy, publish, republish, redistribute, recommunicate, or otherwise exploit any such material without prior written consent.

You have certain rights at law, including under the Competition and Consumer Act 2010 (Cth) ("CCA"), that cannot be limited or excluded. Nothing in this clause or otherwise in the Agreement limits or excludes any of these rights.

In addition to your rights under this Agreement and the CCA you may also have rights under:

• the Telecommunications Act 1997
• fair trading legislation and regulations in your State or Territory
• industry codes registered with the Australian Communications and Media Authority (ACMA), including the Telecommunications Consumer Protection Code
• by contacting the Australian Competition and Consumer Commission or the office of fair trading in your State or Territory
• by contacting the Telecommunications Industry Ombudsman

We will use due care and skill in providing our services. However, you acknowledge that the Service is a telecommunications service that by its nature is dependent, directly and indirectly, on related services provided by third party suppliers.

We may suspend or restrict the Service at any time, without notice:

• when we are required to do so by law
• if we are directed to do so by a relevant authority
• in the case of an emergency
• where we determine that your account presents an unacceptably high credit risk
• where we suspect fraud or attempted fraud
• if you have nominated a use limitation point that you have reached

We may also suspend or restrict the Service with prior reasonable notice if you fail to make a payment by the due date, if there is any delay or dispute in your payment, or if unusual activity is detected on your Service.

You may ask us to suspend the Service at any time (for example, following the loss or theft of your Naya corporation pty ltd SIM Card), in which case you will not be liable for any use of the Service associated with your Naya corporation pty ltd SIM Card after you request such suspension.

When you call or write, you must provide your account number and a detailed description of the fraudulent use of your Naya corporation pty ltd Service. Failure to do so in a timely manner may result in the suspension or termination of your Service and additional charges to you.

You may cancel the Service at any time by giving us notice. You can give us notice by doing any of the following:

• contacting our Service Centre on 1300 808 300
• using the Live Chat service available at www.Naya corporation pty ltd.com.au
• sending an email to service@Naya corporation pty ltd.com.au

Without limiting any other cancellation rights under the Agreement, we have the right to cancel the Service immediately if we are required to do so by law, if there is an emergency, if we determine that your account presents an unacceptably high credit risk, or if we or our suppliers suspect fraud or attempted fraud.

If you use the mobile Service Pre-paid Payment Option, the Service will be cancelled automatically if more than 455 days have passed since your last recharge of Airtime Credit. The 455 days consists of a 365 day active period and a 90 day passive period.

Your Naya corporation pty ltd nbn Home Internet Service will be cancelled automatically where payment fails and is not rectified after 3 days.

Termination means that this Agreement is at an end, and only occurs once all obligations under this Agreement have been met. We may terminate your service at any time at our discretion with 30 days written cancellation notice in the form of email and/or written letter to your service address.

Following termination of the Agreement: you will not be able to use the Service; and you will no longer be able to use your mobile number, unless you have ported that number to another telecommunications carrier.

You agree that we may assign all or part of our rights under this Agreement to any person at any time. However, before we do so, we will provide you with 30 days' prior written notice.

You cannot assign or novate all or part of your rights and obligations under this Agreement unless we provide our consent in writing (which we will not withhold unreasonably).

If you wish to dispute any aspect of the Service (including billing), or if you wish to make a complaint, you can do so by calling 1300 808 300 or emailing the complaints department: resolutions@Naya corporation pty ltd.com.au

If you are not satisfied with how we handle your dispute or complaint, you may refer the matter to:

• the Telecommunications Industry Ombudsman
• the fair trading or consumer affairs office in your State or Territory
• the Privacy Commissioner

If you are in a situation of financial hardship, you can contact us on 1300 808 300. We will offer you assistance in accordance with our Financial Hardship Policy, which is available from our website www.Naya corporation pty ltd.com.au.

If you experience any problem, disruption or other fault with the Service, you may report the problem to us on 1300 808 300. We will investigate, or arrange for our suppliers to investigate, each reported fault and will take action necessary to rectify the fault.

The laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside govern this Agreement. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth of Australia, its states and territories.

If we do not exercise a right that we have under this Agreement we do not waive our entitlement to exercise that right at a later stage. A right under this Agreement may only be waived by us in writing.

If an event that is not within our reasonable control (such as a natural disaster, strike activity, government directive, pandemic, or issue with a supplier) affects our ability to perform any obligations under this Agreement, we will not be liable for failing to perform that obligation. We will make best efforts to notify you of any such event.

You should contact us on 1300 808 300 if you need to discuss any aspect of the Service or this Agreement. If we do not satisfactorily deal with your issues, you may contact the ACMA, the TIO, the ACCC, or the relevant Department of Fair Trading in your state or territory.

You acknowledge that we may pay commissions to agents or other parties who introduce you to us, or assist us in making this Agreement with you.

The following public services may assist you in your use of the Service:

• National Relay Service: TTY/Voice – 133 677
• National Relay Service: Speak and Listen – 1300 555 727
• Translating and Interpreting Service (National) – 131 450