1. Details
   1. This agreement is a contract for the supply of the S21 network Service between S21 network Pty Ltd ACN 139 619 097 (referred to herein as "us", "we" or "our") and: The person whose name, address and signature is set out in the S21 network Application Form (referred to herein as "you" or "your"), the terms of which form part of and are incorporated into this Agreement.
   2. We agree to supply and you agree to (purchase) avail the S21 network Service in accordance with the terms of this agreement.
   3. In the event of a conflict between the provisions of any order form and the provisions of this agreement, the provisions of this agreement shall prevail, save to the extent otherwise expressly agreed by the parties.
   4. Variation-We may vary any term of this agreement at any time by giving you reasonable notice
2. Term
   1. Fixed Term - This agreement starts when you order the S21 network Service and ends in accordance with the terms of this agreement. If you have selected to receive the S21 network Service under the fixed term contract, you agree to a fixed term of twelve (12) months (the Fixed Term"") that starts on the date we first supply you with the S21network Service and continues for the Fixed Term.If you did not select the Fixed Term contract you may terminate this agreementby giving us 30 days notice.
   2. Expiry of Fixed Term - This agreement continues after the expiry of the Fixed Term until terminated by you or us giving 30 days notice.
   3. Rights unaffected - If this agreement ends, this shall not affect the rights of either party which have accrued under this agreement prior to it ending.
3. Service
   1. S21 Network Service - We will provide you the S21 Network Service that you subscribe to.
   2. Use of S21 Network Service - The S21 Network Service is provided for private use in the private premises nominated by you and approved by us only (the "Premises"). You must not use the S21 Network Service for a commercial use or allow the S21 Network Service to be displayed in a public viewing area (whether directly or indirectly by any means).
   3. Unauthorised use of the S21 Network Service - You must not copy the S21 Network Service or any part of it or split, redirect, redistribute or otherwise offer or supply any S21 Network Service to any other place outside your private premises without our prior written authorisation. We may suspend provision of the S21 Network Service or terminate or suspend this agreement if we have reasonable belief that you have breached this clause or clause
   4. Changes and interruptions to S21 Network Service - We reserve the right to vary the S21 Network Service at any time, including the programs, packages, channels, products, content or transmission times and you agree that we are not liable for any loss or inconvenience suffered by you due to any such variation, and no refund or compensation will be provided for the same.You acknowledge that the S21 Network Service may be temporarily lost or suspended due to reasons beyond our control and that we will not be liable when this occurs.
4. Equipment and Access
   1. Equipment - We will provide you with equipment at prices in accordance with our current rate card in order to enable you to receive, decode and view the S21 Network Service on your television. You may only use the equipment to receive and decode the S21 Network Service, and not for any other purpose. The equipment we provide to you will remain our property at all times and you must return it to us (at your cost) upon termination of this agreement. Where the equipment is affixed, attached or secured to land or Premises, the equipment shall be deemed not to be a fixture and may be removed by us or our author-ised representative at any time in accordance with this agreement. Charges as per our current rate card will apply and be payable by you if equipment is not returned in good condition.
   2. Access - You must provide us and our authorised persons with safe access to your Premises for the purpose of installing, maintaining, using, removing, replacing or repairing the equipment. You must comply with the reasonable requirements of us and our authorised persons regarding access to your Premises, including those regarding their safety.
   3. Installation - We or our authorised persons may (at our sole discretion) install the equipment at your Premises. You must provide a suitable place at the Premises for installation of the equipment. We, or our authorised persons, have the sole right to determine if a particular place is suitable for installation of the equipment. If you do not agree with our, or our authorised persons, determination of the equipment installation site, and elect to not proceed with the installation of the equipment, you acknowledge and agree to pay the service call fee in accordance with our current rate card. If we elect to not install the equipment and you need to obtain services from a third party in order to enable the installation,we will endeavour to advise you when you order the S21 Network service
   4. You must provide electricity and power points for the equipment at your own expense. We will use reasonable endeavours to install the equipment on or around the agreed installation date and time but will not be liable for any loss or damage for failure to do so.
   5. Unauthorised use of Equipment - Unless otherwise expressly advised to you in writing, we retain the legal and beneficial ownership of the equipment at
   6. Unauthorised use of Equipment - Unless otherwise expressly advised to you in writing, we retain the legal and beneficial ownership of the equipment at all times. You must not remove any marking which identifies our ownership of the equipment. You must not do anything inconsistent with our ownership of the equipment including but not limited to selling or offering the equipment for sale, creating or allowing a security interest to be created over the equipment,or parting with possession of the equipment. You must not alter, tamper with or attempt to repair the equipment.
   7. Loss of & Damage to Equipment - You must keep the equipment in good condition. If the equipment is lost, stolen, damaged or faulty you must notify us immediately. We will repair or replace the equipment (at our sole discretion). The applicable equipment replacement fee and service call fee specified in our current rate card will apply.
   8. Smartcard - You must only use the smartcard at the Premises and with the other equipment provided by us.
5. Billing
   1. Billing information - You must provide us with accurate and complete billing information including your legal name, address and telephone number.
   2. Fees and Charges .-
      1. payment decline charges if the payment declines;
      2. a reconnection fee to reactivate your S21 Network Service if it has been suspended because you have not paid your account by the due date or because you breached this agreement;
      3. a statement fee if we provide you with a monthly statement; and/or
      4. debt collection agency charges
   3. Variation to fees and charges -
      1. We may increase our monthly subscription charges at any time, and will take the necessary measures to notify you of the same. If you choose not to go ahead, you may cancel your subscription of the S21 Network Service within 30 days of the date of such notification without incurring any Early Termination Fee.
      2. We may make other changes to our fees and charges by giving you reasonable notice of the changes.
   4. You will pay the monthly subscription in advance for the month. This will be through direct debit from your bank account or credit card (we accept Master and Visa cards only). Direct deposits and cheque payments are not accepted by us.
   5. You can suspend the service for a maximum of 2 months in a calendar year. Charges for Voluntary Suspension as specified in our current rate card will apply. Unused suspension periods cannot be carried forward to the next year.
   6. Intellectual Property - You must not publish or use, without our prior written consent, any trademark, trade name, logo or service mark of ours. You indemnify us against any claim, loss or damages arising out of any unauthorised use by you of any of our or any third party intellectual property rights in relation to the S21 Network Service.
   7. Consent-you warrant that you are the owner ,or have obtained all necessary consents of the owner/s,of the premises where the S21 Network Service is to be displayed or of any property or equipment on which the equipment is to be installed. If you breach this warranty you are liable to us for any claim made against us by the owner/s regarding the S21 Network Service If the owner/s require us to remove the equipment from the Premises, then we may charge you, and you must pay, a service call fee in accordance with our current rate card. If the owner / s of the Premises give up possession of the Premises for any reason, you must use your best endeavours to ensure that the subsequent owner / occupier of the Premises agrees to observe the terms of this agreement with regard to the equipment and in particular, you must notify such person that the equipment is our property.
   8. Credit Risk - We may terminate or suspend this agreement if we have reasonable grounds to believe that the account will not be paid or that the equipment will not be returned following reasonable notice from us requiring you to do so.
   9. If you want to make changes to the direct debit facility, the same can be communicated in writing to S21 Network Service via mail, email or fax (details above) 5 business days prior to the next scheduled drawing. changes can include deferring the drawing, stopping an individual debit, suspending or cancelling the debit.Direct all enquiries to us, rather than to your financial institution, and these should be made at least 5 working days prior to the next scheduled drawing date.All communications addressed to us should include your S21 service ID.
   10. If you feel a debit has been made incorrectly call our Customer service on (03)9558 3380 . If we cannot substantiate the reason for the debit, a refund will be given. if you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to you claim withing 5 business days (for claims lodged within 12 months of the disputed drawing); or within 30 business days (for claims lodged more than 12 months after the disputed drawing) Note: Your financial institution will ask you to contact us to resolve your disputed drawing prior to involving them.5.11 It is your responsibility to ensure that:your nominated account can accept direct debits (your financial institution can confirm this); and that on the drawing date there is sufficient cleared funds in the nominated account; and that your advise us if the nominated account is transferred or closed.If your drawing is returned or dishonoured by your financial institution, S21 Network Service will re-draw from the account after 3days. Any transaction fees payable by us in respect of the above will be added to your account/bill.
6. Liability
   1. Service Availability - We are not responsible for interruption or delay to the S21 Network Service due to any events beyond our reasonable control including weather and defaults of third party suppliers.
   2. No liability for content-We do not warrant or represent that the content of the S21 Network Service is suitable for viewing by any particular audience.
   3. Damage to premises - You accept that the installation of the equipment(including the antenna if applicable)may involve alteration to your premises.We do not accept any liability for damage to the premises caused by the installation of the equipment or pre-existing structural defects.
   4. Damage to your equipment - We do not accept any liability for any damage to your equipment which may occur due to using the S21 Network Service,including any burn-in or other defect to your television monitor.
   5. Liability.
      1. Our liability in respect of any breach of this agreement is to the full extent permitted by law,limited to in the case of the supply and installation of the equipment,the supply and installation of that equipment again,or the payment of the cost having the equipment and services supplied again.
      2. Neither party shall have any liability to the other in respect of any breach of this agreement for any loss of business profit,revenue,missed contractual oppurtunity or goodwill or for any indirect or consequential loss however it arises.
      3. We will use all reasonable endeavours to maintain the delivery of the S21 Network Service to the equipment throughout the term of contract.However you acknowledge that the S21 Network Service may from the time be affected by factors outside our control such as atmospheric conditions,weather conditions and discontinous satellite services.