O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of

14.18You acknowledge that Xora may use any information transmitted from your Mobile Devices for its business purposes provided that the information does not disclose the identity any user of a Mobile Device.

Limited Warranty, Liability and Indemnity

14.19We warrant that the Xora Applications provided to you will substantially perform the functions described at http://www.xora.com for a period of 90 days from the date of delivery of the Xora Application to you.

14.20You may have non-excludable rights under consumer protection laws in relation to Xora Applications. Subject to any non-excludable rights

(a)we exclude all other warranties, rights and remedies you would otherwise be entitled to at law;

(b)If we breach any such non-excludable rights, and it is fair and reasonable to do so, we limit our liability to repairing the Xora Application or correcting any error; and

(c)We are not liable for any loss, expense or damage which you may incur in connection with your use of any available field alert features of the Xora Time Track Solution including any liability for illness, personal injury or death to you, your employees, agents and contractors.

14.21You agree to indemnify us for any loss, expense or damage which we may incur in connection with any claim by users of your Mobile Device arising from any available field alert features of Xora TimeTrack Business Plus.

Data Usage

14.22You understand that the Xora TimeTrack Solution will transmit data from your compatible mobile device when location functionality is activated and that you will incur charges for this data usage in accordance with your eligible Telstra mobile data plan.

Security of data

14.23You understand that you are responsible for the security and integrity of the data transmitted from your compatible mobile devices using the Xora TimeTrack Solution. You must inform each user of your Mobile Devices that data transmitted from the Mobile Devices is not secure or private.

14.24You understand that data transmitted over our GPRS, 3GSM or Next G networks using the Xora TimeTrack Solution may be intercepted by third parties without our knowledge (or the knowledge of Xora). If you require additional security for your data, please contact your Telstra representative.

Support Services

14.25Xora will operate a helpdesk that you may contact by email or telephone for reasonable email and telephone support in relation to your use of the Xora TimeTrack Solution. This helpdesk will operate between the hours of 8.00am to 5.00pm (AEST), Monday to Friday.

Cancelling your Xora Application licence

14.26You may cancel your Xora Application licence at any time by telling us. If you cancel a Xora Application licence, you will be unable to access information from Xora's website about the Mobile Device connected to that licence from the cancellation date.

14.27If you are on a fixed term plan and during your 12 month term:

(a)you terminate your Xora Application licence (other than as a result of our material breach),

(b)you move to the month-to-month casual plan; or

(c) we cancel your Xora Application for a material breach by you (in accordance with the General Terms of Our Customer Terms),

we may charge you an ETC, calculated as follows:

ETC payable =	ETC Base Amount x No. months (or part thereof) remaining in your 12 month term
	12

Where the ETC Base Amount for each Xora Application is:

• 
  Xora TimeTrack Lite = $162
  
• 
  Xora TimeTrack BusinessPlus = $189
  
• 
  Xora TimeTrack Gold = $216
  

14.28We will not charge an early termination charge where you move between the Xora TimeTrack Lite, Business Plus or Gold options.

14.29The ETC payable decreases over the life of your 12 month term. The amount of the ETC represents our genuine estimate of the costs and loss of profits we are likely to suffer as a result of the termination, variation or deactivation.

14.30The ETC specified above is in addition to any ETC that may be payable if you cancel your mobile voice plan or mobile data plan.

14.31If you cancel the eligible Telstra mobile plan or Telstra mobile data plan used in conjunction with your Xora Application licence and do not move your Xora Application to another eligible Telstra mobile plan or Telstra mobile data plan (as relevant), the Xora Application will cease to work and we may cancel the associated Xora Application licence.

Availability

14.32The Xora Application is available on two plan types:

(a)fixed term plan for 12 months; or

(b)month-to-month casual plan.

Charges

14.33We will charge you:

(a)a once-off establishment fee for each Xora Application licence purchased from us; and a

(b)monthly licence fee for the Xora Application you select, as set out below.

You understand that there will be additional charges for your eligible mobile devices, your mobile plan, mobile data plan and voice and data usage.

(a) 12 month fixed term plan

Xora Application Establishment Charge	GST excl	GST incl
All Xora Applications	$36.36	$40.00
Xora Application Monthly Charges	GST excl	GST incl
Xora TimeTrack Lite	$24.54	$27.00
Xora TimeTrack Business Plus	$28.63	$31.50
Xora TimeTrack Gold	$32.72	$36.00