‘yes’ iPhone Plans Terms and Conditions

You must be a new or eligible existing customer who applies to connect to the Optus Mobile Digital service, and passes the Optus credit assessment and is accepted by Optus. Existing customers must demonstrate that over the three continuous months prior to applying that they have an average monthly spend equal to at least the monthly access fee of your new ‘yes’ iPhone ‘yes’ plan. The ‘yes’ iPhone Plans are only available to you if use an iPhone handset which remains connected on this plan. If your iPhone handset is no longer used and connected on the ‘yes’ iPhone Plan then Optus will transfer your service to an equivalent non iPhone ‘yes’ rate plan.

Included in your Call and Text Value: The ‘yes’ iPhone plans include a specified amount of included call and text value each month depending upon which rate plan you choose, which can be used for national & international voice calls, standard text, Voicemail and calls to 124YES(937). Excluded from your Call and Text Value: Call types such as International Roaming, Directory assistance, International/Premium/Group/Third Party/Web Text, Optus iZoo downloads, Content Pack subscription fees (unless specified in promotion), VoiP and 19XX calls. Included in your Mobile Internet Data Value: a specified amount of mobile internet data value is included in your plan per month. This can be used to access services on Optus iZoo, as well as browsing the Internet from your mobile. If you exceed your plan’s included monthly data allowance, excess usage charges will be charged at $0.35 per MB or part thereof. Any unused data allowance cannot be rolled over. Excluded from your Mobile Internet Data Value: Your data allowance can not be used for Voice calls, Voice Mail, International SMS, premium and Third Party SMS, Optus iZoo and Third Party content purchases and subscription fees, 1300, 1900, VPN data usage and data used while roaming internationally. If you are able to access such services, your use of such services will be charged at prevailing rates. Data usage will be counted in kilobytes, where 1024kb = 1MB and includes both uploads and downloads. Rollover: Unused included call credits in any one month will expire at the end of two months and are not refundable, even at account closure.

‘yes’ iPhone Plan Offers: If you connect to a ‘yes’ iPhone plan, you may select only one of the following plan offers: ‘yes’ Free Text, MyTime, ‘yes’ Text&Talk or ‘yes’ Time. If you do not select a plan offer, or your selection is not recorded, you will receive MyTime. Plan Offers only apply to standard voice calls and text made and received within Australia. Offers exclude some services including International Voice & Video Calls, International Roaming, Directory Assistance, VoiceMail, MySpace content, 1900 calls, 1800 calls, MobileSat calls and International, Premium, Third Party and Web Text. You may change your plan offer no more than once each billing period. Depending on the billing system you are on, if you select a new rate plan/ plan option, a) any calls made from the date of the change, will be rated at the applicable rate of your new plan /plan option or, b) any calls made during that bill cycle will be rated at the applicable rate of your new plan and/or call option. We may charge you a fee if you move from one pricing plan to another before the end of the minimum term. Enquire on the options applicable to you at the time of changing your plan. If you select the MyTime offer, allow up to 48 hours for your number to register or changes to be effective. ‘yes’ Free Text: Receive 100 free standard text each month. If you exceed your 100 Free Text, standard rates of your plan apply. MyTime: Receive free 5 minutes calls to your five nominated Optus GSM Mobile or Optus Fixed Line Service numbers registered when you connect. Standard call rates of your plan apply after the first 5 minutes. You may change your nominated numbers no more than once each month. Allow up to 48 hours for your number to register or changes to be effective. If at anytime during the month, your chosen MyTime numbers transfer to a non-Optus network, calls made to these numbers will automatically be charged at standard call rates. Optus Fair Go™ Policy applies up to 1000 minutes per month. ‘yes’ Text&Talk: Pay 22¢ per 30 seconds for mobile voice calls and 22¢ per standard text sent. These rates are 18¢ on the 39 -79 plans. These rates are 15¢ on the 99 and 149 plans. Flagfall applies per call. ‘yes’ Time: Only applies to calls made and received within Australia between 8pm and midnight every night, from one Optus Mobile Digital customer to another (on the Optus GSM network), for no charge for the first 20 minutes per call, after which standard mobile rates of your eligible plan apply. Free for 5: Applies to national voice calls to other Optus GSM Mobile services on the same customer account number. Standard call rates of your plan apply after the first 5 minutes. Optus Fair Go™ Policy applies up to 1000 minutes per month. Free Voicemail: If you connect to ‘yes’ iPhone 59 plan or above you will receive free VoiceMail every month. Rollback: You may be eligible to reduce your contract length on a 24 month ‘yes’ plan if your average monthly call usage charges fall into one of the defined bands. Usage charges are defined as your total monthly charges incurred for service usage before your included call credits are deducted. Usage does not include monthly access fees, equipment charges, termination/suspension/late payment fees, reactivation charges, or insurance charges. “On average” means average usage charges over the period of your contract that has already expired. The first date that you may be eligible for a contract term reduction is month 15 of your contract. Any remaining or overdue handset payments must still be paid. If you change to another rate plan, the monthly access fee of your initial rate plan will be used to calculate your eligibility.

Termination and Minimum Total Cost: The minimum total cost over the 12 or 24 month plan is set out in tables above. Handset costs are additional. If you choose to pay the cost of your handset by the monthly handset payment option or choose a 12 or 24 month plan and you cancel your Optus Mobile service or it is disconnected for any reason, or you switch carriers within your minimum term (“Termination”) you will be required to pay the remaining amount on your phone, if any, plus applicable “Termination Fees”. The Termination Fee for the 24 month plan is calculated in accordance with the following: for months 1-12, 100% of the Initial Termination Fee, for months 13-15, 80% of the Initial Termination Fee, for months 16-18, 60% of the Initial Termination Fee, for months 19-21, 40% of the Initial Termination Fee, for months 22-24, 20% of the Initial Termination Fee. The Termination Fee for the 12 month plan is calculated in accordance with the following: For months 1-6 of a 12 month term, 100% of the Initial Termination Fee, for months 7-9, 70% of the Initial Termination Fee, for months 10-12, 40% of the Initial Termination Fee.

Text Message (SMS): Message charges may be incurred for up to eight days from the original send date regardless of successful delivery or not. International SMS are charged at 50c per message. 'yes' International Calling: 1. Optus reserve the right to withhold the promotions from any customer using in a manner deemed unreasonable or excessive by Optus. Optus Fair GoTM Policy considers 'excessive' to be usage more than 300 minutes per month per mobile on yes International Calls. Flagfall per call applies. 2. These offers do not include Satellite destinations. Airtime surcharges apply to calls from MobileSat, Inmarsat, Iridium and Thuraya. 3. Prices are subject to change with reasonable notice. International SMS: Message charges may be incurred for up to eight days from the original send date regardless of successful delivery or not. International SMS are charged at 50c per message. Handset Locking: The Apple iPhone 3G is locked to the Optus network. Optus can only unlock iPhones purchased from an Optus outlet within Australia. For Mobile Account customers only who wish to use their iPhone on another network, please call Optus on 133 713. Optus 3G/HSPA/’yes’G Service: 1. Use of Optus 3G/HSPA/’yes’G Services is only available with compatible handsets and Optus 3G/HSPA SIM card. 2. To access 3G services on iPhone, you must be in a 3G/HSPA coverage area. For coverage details on 3G/HSPA and ‘yes’G please see www.optus.com.au/coverage. 3. The Apple iPhone is a UMTS2100 band handset and will provide you with access to 3G/HSPA services in Optus 3G/HSPA 2100MHz service areas. Outside these areas, the iPhone will access the Optus GSM/GPRS network. The Apple iPhone will not provide you with access to 3G services in Optus ‘yes’G service areas where a dual band (UMTS2100/UMTS900) 3G/HSPA handset is required. 4. Actual network speeds both upload and download may vary depending on the type of device in use, location and the number of users accessing the network at the time. Speeds refer to maximum download speeds. Upload speeds will be lower than download speeds. Mobile Data and Optus iZoo: Optus iZoo activation time may take up to 24 hours. Optus will endeavour to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus iZoo Update service. Content may be suspended, changed, or terminated without notice. Please check Optus iZoo for more details. Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G/HSPA and may not include all content and features of Internet websites. The mobile data included in your ‘yes’ iPhone plan is supplied in accordance with the terms of the Standard Form of Agreement. You must comply with these terms including our Acceptable Use Policy and Mobile Fair GoTM Policy when using the service. The service provides a connection to the Internet via the Optus Mobile 3G/HSPA and GSM networks. The service is only available to customers within the Optus 3G/HSPA or GSM coverage area and is subject to network availability, refer to www.optus.com.au/coverage. You need to have 2.5G or 3G network compatible mobile phone which is provisioned with the required settings to activate data use. The iPhone does not support delivery of WAP push messages or (DRM) digital rights-managed content. Not all third party Premium SMS content services are compatible with the iPhone - these include most standard music, ringtone and games file formats. You should check with the content provider before requesting Premium SMS content or signing up to premium rate subscription services as you may be liable for the purchase of non iPhone compatible content. Certain WAP-push based services may not be fully supported by the iPhone. Downloading Music to your Apple iPhone: To download music to your Apple iPhone you will require iTunes with a broadband connection. Optus WiFi: Customers who connect their Apple iPhone to an Optus iPhone rate plan will receive free WiFi from any Optus WiFi hotspot. The service provide you with access, via a fixed wireless IP network extension to the Optus IP Network, to the Internet and related services, such as email and the world wide web on an on-demand basis. Optus may immediately suspend, downgrade or cancel the Service in a variety of circumstances, including: if, before the service start date, Optus determines it is not viable to supply the Service to you; you misuse the Service; non- compliant Equipment is used; there is an unusually high use of the Service; you fail to pay any charges to Optus; or you become insolvent. Not all content is located on Optus iZoo will be available when using the Apple iPhone over the Optus WiFi connection. Availability and performance Optus hot-spots can vary. Call Diversions: Call diversions are charged at 5.5c per 30 seconds within Australia. Overseas, you will be charged at 5.5c per 30 seconds plus international call rates per 30 seconds. Optus Fair GoTM Policy applies to: International calls up to 50 minutes per month. Rate Plan Change: After the first 6 months of your contract, once a month you may change to another Optus Mobile Rate plan with a lower monthly access fee at Optus' discretion for the remaining term of your contract. We may charge you a fee if you move from one pricing plan to another before the end of your minimum term. The amount of the fee will depend on various factors, including the terms of your current pricing plan, your call spend under your current pricing plan and the terms of the new pricing plan you are moving to. You should contact customer service for further information on the fee that may apply in your case. Depending on the billing system you are on, if you select a new rate plan/ plan option: 1.any calls made from the date of the change, will be rated at the applicable rate of your new plan /plan option or 2.any calls made during that bill cycle will be rated at the applicable rate of your new plan and/or call option. Enquire on the options applicable to you at the time of changing your plan and 3. any mobile data used from the date of the change, will be rated at the applicable rate of your new plan/plan option. Change of Ownership: is permitted during the 24 month contract providing the new applicant meets Optus credit assessment criteria and both the current and new owner agree to the conditions on the Optus Change of Ownership form. Customers changing account ownership will not be eligible for Plan Scan. Prices quoted are GST inclusive, on your Tax Invoice call charges will be calculated excluding GST. GST will be calculated on the total amount of taxable supplies during the billing period and shown as a separate entry. Optus reserves the right to change prices including call rates and monthly access fees at any time. Prices quoted are GST inclusive on your Tax Invoice. Call charges will be calculated excluding GST. GST will be calculated on the total amount if taxable supplies during the billing period and shown as a separate entry. Optus reserves the right to change prices including call rates and monthly access fees at any time. Paper Invoice Fee: Online billing will be phased in over time and may not be available to you immediately. If we have advised you that online billing is available to you and you still choose to have a paper bill posted to you, you will be charged a paper invoice fee of $2.20. If online billing is not available to you, we won’t charge you the fee. Optus will advise you of the availability of online billing before any fee is charged. For further information please see www.optus.com.au/aboutmyaccount. Credit Card Fee: If you use a credit, charge or debit card to pay your bill, a 1.0% fee (inc GST) will be charged. This payment processing fee will be shown on your next Optus bill after the payment has been processed. Exemptions may apply. Australia Post: If you pay your account at an Australia Post outlet, you will be charged an account processing fee of $0.55 (inc GST). Single Bill: Optus may place your service on a single bill with one or more other services that you have with Optus. At point of sale you may choose to have all services billed individually. If you receive a single bill, afterwards it may not be possible to obtain individual bills for your services.