This NBN Services Schedule (“Service Schedule”) forms part of the Master Services Agreement (“MSA”) between Empreus IT Support (“Provider”) and the Client. This Service Schedule should be read in conjunction with the MSA and all referenced legal documents.

In the event of any conflict between this Service Schedule and the MSA, the terms of this Service Schedule shall prevail to the extent of the inconsistency.

This Service Schedule governs the provision of NBN internet connectivity services. The Provider resells NBN services through an upstream wholesale carrier and delivers the service to the Client under the terms set out below.

In addition to the definitions set out in the MSA, the following definitions apply to this Service Schedule:

• “NBN” means the National Broadband Network, Australia’s wholesale-only, open-access broadband network operated by NBN Co Limited.
• “NBN Service” means the internet connectivity service delivered to the Client’s premises via the NBN, as resold by the Provider through its upstream wholesale carrier.
• “Upstream Wholesale Carrier” means the licensed telecommunications carrier through which the Provider procures and resells the NBN Service. The identity of the Upstream Wholesale Carrier may change from time to time at the Provider’s discretion.
• “NBN Service Term” means the minimum subscription period for the NBN Service, as specified in the applicable Quote.
• “Monthly NBN Fee” means the recurring monthly subscription fee payable by the Client for the NBN Service, as detailed in the Quote.
• “Speed Tier” means the maximum theoretical download and upload speed of the NBN Service as specified in the Quote, subject to NBN Co network conditions and technology type.
• “Static IP” means a fixed public IP address allocated to the Client’s NBN Service, if specified in the Quote.

3.1 NBN Connectivity

The Provider shall supply the Client with NBN internet connectivity at the Speed Tier specified in the accepted Quote. The NBN Service includes:

• NBN connection provisioning and application, including coordination with NBN Co and the Upstream Wholesale Carrier
• Ongoing internet connectivity at the agreed Speed Tier
• Performance monitoring of the NBN connection
• Liaison with NBN Co and the Upstream Wholesale Carrier for fault diagnosis and resolution
• Static IP address allocation, where specified in the Quote

3.2 Speed and Performance

The Speed Tier specified in the Quote represents the maximum theoretical speed available on the NBN technology type deployed at the Client’s premises. Actual speeds may vary depending on factors including but not limited to NBN Co network congestion, the Client’s NBN technology type (e.g., FTTP, FTTC, FTTN, HFC, Fixed Wireless), internal network configuration, the number of connected devices, and the performance of third-party servers and services.

The Provider does not guarantee that the Client will achieve the maximum Speed Tier at all times. The Provider will use commercially reasonable efforts to ensure the NBN Service performs within expected parameters for the applicable technology type and Speed Tier.

3.3 Technology Type

The NBN technology type available at the Client’s premises is determined by NBN Co and is outside the Provider’s control. The Provider will advise the Client of the available technology type during the provisioning process. The Provider is not liable for performance limitations inherent to the NBN technology type deployed at the Client’s premises.

3.4 Network Equipment

Network equipment required to deliver the NBN Service to the Client’s internal network (e.g., routers, modems, switches, access points) is not included under this Service Schedule. Network equipment is provided under the Managed Network Services – Service Schedule (EMPREUS-SS-MNS-001), which must be read in conjunction with this Service Schedule.

3.5 IT Support

All IT support related to the NBN Service — including helpdesk, troubleshooting, on-site visits, after-hours support, and associated service levels and rates — is provided under the Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001). The Client must hold an active Managed IT Services subscription to receive support for the NBN Service.

3.6 Exclusions

The following are not included in the NBN Service:

• Supply, installation, or management of network equipment (see Managed Network Services)
• Internal network cabling or structured cabling works
• NBN technology type upgrades (e.g., FTTN to FTTP) — these are subject to NBN Co availability and separate charges
• Third-party services delivered over the NBN connection (e.g., VoIP, cloud applications, streaming services)
• Any works or costs arising from NBN Co infrastructure issues outside the Provider’s control

4.1 Application Process

The Provider will submit an NBN connection application to the Upstream Wholesale Carrier on the Client’s behalf following acceptance of the Quote. The Client shall provide the Provider with all information reasonably required to complete the application, including premises details, site contact information, and any existing service identifiers.

4.2 NBN Co Appointment

Where an NBN Co technician visit is required for activation or installation, the Provider will coordinate the appointment with the Client. The Client shall ensure that a responsible person is present at the premises during the scheduled appointment window. If the Client fails to provide access or a responsible person, the Client may be liable for any re-attendance fees charged by NBN Co or the Upstream Wholesale Carrier.

4.3 Provisioning Timeframes

Provisioning timeframes are dependent on NBN Co and the Upstream Wholesale Carrier and are outside the Provider’s direct control. The Provider will use commercially reasonable efforts to keep the Client informed of progress and expected activation dates. Typical provisioning timeframes are 10 to 20 business days from application, though this may vary depending on the technology type, premises readiness, and NBN Co scheduling.

The Provider shall not be liable for delays in provisioning caused by NBN Co, the Upstream Wholesale Carrier, or any other factor outside the Provider’s reasonable control.

4.4 Existing Services

If the Client has an existing internet service at the premises, the Client is responsible for managing the disconnection or transition from the existing service. The Provider will advise on transition timing to minimise downtime but is not responsible for any overlap charges or early termination fees with the Client’s existing provider.

5.1 Minimum Term

The NBN Service is subject to a minimum NBN Service Term of 12 months from the activation date, unless otherwise agreed in writing in the Quote.

5.2 Renewal

At the expiry of the NBN Service Term, the NBN Service shall automatically renew on a month-to-month basis under the same terms, unless either party provides at least 30 days’ written notice of non-renewal prior to the expiry of the current term.

5.3 Speed Tier Changes

The Client may request a change to the Speed Tier during the NBN Service Term. Speed Tier changes are subject to availability on the Client’s NBN technology type and may result in a change to the Monthly NBN Fee. The Provider will confirm any fee changes before processing the request.

6.1 Monthly NBN Fee

The Client shall pay the Monthly NBN Fee as specified in the accepted Quote. Monthly NBN Fees are invoiced in advance in accordance with the Payment – Terms & Conditions.

6.2 Inclusions

Unless otherwise stated in the Quote, the Monthly NBN Fee includes:

• Internet connectivity at the agreed Speed Tier
• Performance monitoring of the NBN connection
• Fault liaison with NBN Co and the Upstream Wholesale Carrier
• Static IP address allocation (where specified in the Quote)

6.3 Exclusions

The following are excluded from the Monthly NBN Fee and may be charged separately:

• NBN Co activation or installation fees (if applicable)
• NBN Co technician re-attendance fees caused by the Client’s failure to provide access
• NBN technology type upgrade fees
• Network equipment (provided under Managed Network Services)
• IT support services (provided under Managed IT Services)
• Any excess usage charges imposed by the Upstream Wholesale Carrier (if applicable on the selected plan)

6.4 Payment Terms

All payment obligations under this Service Schedule are subject to the Payment – Terms & Conditions published at empreusitsupport.com.au/payment-terms-and-conditions, which are incorporated by reference.

7.1 Premises Access

The Client shall provide access to the premises as required for NBN Co technician visits, installation, or fault resolution. The Client shall ensure that NBN Co infrastructure (e.g., NTD, connection box) remains accessible, unobstructed, and in a safe environment at all times.

7.2 Premises Readiness

The Client is responsible for ensuring the premises are ready for the NBN connection, including any required internal cabling, power outlets near the NBN connection point, and adequate ventilation for networking equipment.

7.3 Acceptable Use

The Client shall use the NBN Service in compliance with all applicable laws, regulations, and the Upstream Wholesale Carrier’s acceptable use policy. The Client shall not use the NBN Service for any unlawful, abusive, or fraudulent activities, including but not limited to:

• Sending spam or unsolicited bulk communications
• Distributing malware, viruses, or other harmful software
• Infringing upon the intellectual property rights of third parties
• Engaging in activities that unreasonably degrade network performance for other users
• Any activity that violates the Telecommunications Act 1997 (Cth) or related legislation

The Provider reserves the right to suspend the NBN Service immediately if the Client is in breach of this Section, without prejudice to any other rights or remedies available under this Service Schedule or the Termination – Terms & Conditions.

7.4 Notification of Changes

The Client shall promptly notify the Provider of any changes to premises details, site contacts, or business operations that may affect the NBN Service, including office relocations, building works, or changes to the Client’s network infrastructure.

7.5 Timely Reporting of Issues

The Client agrees to promptly report any connectivity issues, performance degradation, or service outages through the Provider’s designated support channels as set out in the Managed IT Services – Service Schedule.

8.1 Availability

The Provider will use commercially reasonable efforts to ensure the NBN Service is available to the Client at all times. However, the NBN Service is delivered over NBN Co’s wholesale network and the Upstream Wholesale Carrier’s infrastructure, both of which are outside the Provider’s direct control.

The Provider does not guarantee uninterrupted availability of the NBN Service. Service availability is subject to NBN Co network conditions, scheduled maintenance by NBN Co or the Upstream Wholesale Carrier, and force majeure events.

8.2 Planned Outages

The Provider will use reasonable efforts to notify the Client in advance of any planned maintenance or outage windows communicated by NBN Co or the Upstream Wholesale Carrier. Where possible, the Provider will provide at least 2 business days’ notice.

8.3 Unplanned Outages

In the event of an unplanned outage, the Provider will liaise with NBN Co and the Upstream Wholesale Carrier to identify and resolve the issue as promptly as possible. The Provider will keep the Client informed of progress and expected resolution timeframes.

The Provider shall not be liable for service outages, speed reductions, or performance degradation caused by NBN Co, the Upstream Wholesale Carrier, or any other factor outside the Provider’s reasonable control.

8.4 No Compensation for Outages

Unless otherwise agreed in writing or specified in the Quote, the Provider does not offer service credits, refunds, or compensation for NBN Service outages or performance degradation. The Client acknowledges that the NBN Service is subject to the inherent limitations of the NBN Co network and the Upstream Wholesale Carrier’s infrastructure.

9.1 Relationship

The Provider resells the NBN Service through an Upstream Wholesale Carrier. The Client’s contractual relationship is solely with the Provider. The Client has no direct contractual relationship with the Upstream Wholesale Carrier or NBN Co and shall not contact the Upstream Wholesale Carrier or NBN Co directly regarding the NBN Service without the Provider’s prior written consent.

9.2 Carrier Changes

The Provider may change the Upstream Wholesale Carrier at any time, provided that the change does not materially reduce the quality or speed of the NBN Service. The Provider will notify the Client in advance of any carrier change that may result in a temporary service interruption.

9.3 Carrier Terms

The NBN Service may be subject to the Upstream Wholesale Carrier’s terms of service and acceptable use policies. The Client shall comply with any such terms communicated by the Provider. The Provider does not assume liability for any restrictions, limitations, or actions imposed by the Upstream Wholesale Carrier or NBN Co.

10.1 Definitions

“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other, including trade secrets, client lists, business strategies, financial data, technical documentation, network designs, user credentials, and any information clearly identified or reasonably understood as confidential.

“Data Protection Laws” means all applicable legislation relating to the protection of personal data and privacy, including the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and if applicable, the General Data Protection Regulation (GDPR) (EU) 2016/679.

10.2 Confidentiality Obligations

Each party shall use Confidential Information solely for the purpose of fulfilling obligations under this Agreement. Neither party shall disclose Confidential Information to any third party without prior written consent, except as necessary to perform under this Agreement or as required by law.

Each party agrees to protect the other’s Confidential Information using the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable standard of care.

10.3 Data Privacy and Protection

Both parties shall comply with all applicable Data Protection Laws. The Provider shall process personal data only to the extent necessary to perform the Services or as instructed by the Client. The Provider shall implement commercially reasonable technical, administrative, and organisational measures to safeguard Client data.

The Client acknowledges that internet traffic traverses third-party networks (including NBN Co and the Upstream Wholesale Carrier) and the Provider is not responsible for the interception, monitoring, or security of data in transit beyond the Provider’s managed environment.

10.4 Data Breach Notification

In the event of a confirmed or reasonably suspected data breach affecting the Client’s personal data within the Provider’s control, the Provider shall promptly notify the Client and provide sufficient details about the nature and scope of the breach.

10.5 Survival

The confidentiality and data protection obligations under this section shall survive termination of this Service Schedule for as long as the Receiving Party possesses or controls any Confidential Information or personal data belonging to the Disclosing Party.

11.1 Provider Warranty

The Provider warrants that it will use commercially reasonable efforts to provision, maintain, and support the NBN Service in accordance with this Service Schedule. The Provider warrants that it will liaise promptly with NBN Co and the Upstream Wholesale Carrier to resolve faults and service issues.

11.2 No Speed Guarantee

The Provider does not warrant or guarantee that the Client will achieve the maximum Speed Tier at all times, or that the NBN Service will be free from interruptions, latency, or congestion. Internet speeds are subject to factors outside the Provider’s control, including NBN Co network conditions, technology type, and the Client’s internal network.

11.3 Third-Party Disclaimer

The NBN Service is delivered over infrastructure owned and operated by NBN Co and the Upstream Wholesale Carrier. The Provider does not make any representations or warranties with respect to the performance, reliability, or availability of NBN Co’s network or the Upstream Wholesale Carrier’s infrastructure.

11.4 Disclaimer of Implied Warranties

Except as expressly set out in this Service Schedule and the MSA, the Provider disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Nothing in this Service Schedule excludes or limits any consumer guarantee or statutory right that cannot be excluded under Australian Consumer Law.

12.1 The Provider shall not be liable for any indirect, incidental, consequential, or special damages arising from the use or inability to use the NBN Service, including lost profits, lost data, business interruption, or loss of goodwill, regardless of the legal theory, even if advised of the possibility of such damages.

12.2 The Provider’s aggregate liability under this Service Schedule shall not exceed the total Monthly NBN Fees actually paid by the Client in the six (6) months immediately preceding the date on which the claim arose.

12.3 The Provider shall not be liable for any service outages, speed reductions, data loss, or performance degradation caused by NBN Co, the Upstream Wholesale Carrier, or any other third party.

12.4 The Provider shall not be liable for the security of data in transit over the NBN connection or any third-party network.

12.5 Any claim must be brought within twelve (12) months from the date on which the Client first became aware, or reasonably should have become aware, of the basis for such claim.

12.6 The limitations in this section shall not apply to damages resulting from the Provider’s gross negligence or wilful misconduct, or any liability that cannot be excluded by law.

13.1 By the Provider: The Provider shall indemnify and hold the Client harmless from any third-party claims arising from the Provider’s gross negligence or wilful misconduct in performing Services under this Service Schedule.

13.2 By the Client: The Client shall indemnify and hold the Provider harmless from any third-party claims arising from the Client’s misuse of the NBN Service, breach of acceptable use policies, or violation of applicable laws or regulations, including the Telecommunications Act 1997 (Cth).

Neither party shall be liable for delays or failures due to events beyond their reasonable control, including natural disasters, war, strikes, pandemics, governmental actions, NBN Co network failures, or Upstream Wholesale Carrier outages. The affected party shall notify the other promptly and use reasonable efforts to resume performance as soon as feasible.

If a Force Majeure event prevents performance for more than 30 days, either party may terminate this Service Schedule upon written notice. The Client remains liable for all fees accrued up to the termination date.

15.1 Early Termination by Client

If the Client terminates this Service Schedule (or the MSA) prior to the expiry of the NBN Service Term, the Client shall be liable for the Early Termination Cost as defined in the Termination – Terms & Conditions, which includes one hundred percent (100%) of the remaining Monthly NBN Fees for the unexpired portion of the NBN Service Term.

15.2 Upstream Costs

In addition to the Early Termination Cost, the Client shall be responsible for any early termination fees, penalties, or charges imposed by the Upstream Wholesale Carrier or NBN Co as a result of the early termination.

15.3 Static IP Addresses

Upon termination, any Static IP addresses allocated to the Client will be reclaimed by the Provider or the Upstream Wholesale Carrier. The Client is responsible for migrating any services dependent on the Static IP address prior to termination.

Termination of this Service Schedule is governed by the Termination – Terms & Conditions published at empreusitsupport.com.au/termination-terms-conditions, which are incorporated by reference.

This includes termination by the Provider (for non-payment, material breach, misuse, or insolvency), termination by the Client (for convenience with 30 days’ notice, or for uncured material breach by the Provider), automatic renewal, post-termination services, and the Provider’s retention of rights.

17.1 Relationship to MSA

This Service Schedule supplements and forms part of the Master Services Agreement. All terms of the MSA (including the Director’s Guarantee, Governing Law and Dispute Resolution, and Privacy Policy reference) apply to this Service Schedule as if set out in full herein.

17.2 Prerequisite Service Schedules

The Client acknowledges that:

• An active Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001) is required to receive IT support for the NBN Service.
• An active Managed Network Services – Service Schedule (EMPREUS-SS-MNS-001) is required for the provision and management of network equipment (routers, modems, switches) used to deliver the NBN Service to the Client’s internal network.

If either prerequisite Service Schedule is terminated or expires, the Provider’s obligations under this Service Schedule shall be limited to maintaining the NBN connection itself. The Provider shall not be responsible for network equipment, internal connectivity, helpdesk, or on-site support.

17.3 Cross-References

This Service Schedule is subject to the following Empreus IT Support legal documents, all of which are incorporated by reference:

• Master Services Agreement (EMPREUS-MSA-001)
• Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001)
• Managed Network Services – Service Schedule (EMPREUS-SS-MNS-001)
• Payment – Terms & Conditions (empreusitsupport.com.au/payment-terms-and-conditions)
• Termination – Terms & Conditions (empreusitsupport.com.au/termination-terms-conditions)
• Quote – Terms & Conditions (empreusitsupport.com.au/quote-terms-conditions)
• Privacy Policy (empreusitsupport.com.au/privacy-policy)

17.4 Amendments

No modification to this Service Schedule shall be valid unless made in writing and signed by both parties.

17.5 Severability

If any provision of this Service Schedule is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17.6 Entire Agreement

This Service Schedule, together with the MSA and all incorporated documents, constitutes the entire agreement between the parties regarding the NBN Services described herein and supersedes all prior agreements, representations, and understandings on this subject matter.