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Symetry Portfolio Service - Terms and Conditions of Access

1. Licence

Subject to clause 4 of the Dealer Agreement, Symetry grants the Dealer a non-exclusive, non-transferable licence:

1. to access the Symetry Portfolio Service for the purpose of using the Symetry Services; and

2. to grant similar rights by way of sub-licence to the Dealer's Representatives,

in accordance with the following provisions of this Schedule.

2. Terms and conditions of access

2.1.  The Licence commences when Symetry provides the Dealer with an access code or codes for the Symetry Portfolio Service.

2.2.  The sub-licence for each Representative will commence when Symetry, at the request of the Dealer, provides that Representative with an access code or codes for the Symetry Portfolio Service.

2.3.  The rights attaching to the access codes provided to a Representative will regulate the nature and extent of that Representative's ability to access and use the Symetry Portfolio Service, and will be determined by Symetry in accordance with instructions given to Symetry by the Dealer for that purpose.

2.4.  Symetry will from time to time, at the request of a Licensed Representative, issue access codes to Clients nominated by that Representative. The rights attaching to Client access codes will permit the Client to access the Symetry Portfolio Service only for the purpose of viewing data, and obtaining transaction and portfolio reports relating to that Client and persons related to that Client.

2.5.  Symetry may alter or revoke the rights attaching to access codes issued to Representatives and Clients if Symetry reasonably considers it necessary to do so. Wherever practicable, Symetry will consult with the Dealer before taking this action.

2.6.  Subject to clause 2.5, the Licence (and each sub-licence granted by the Dealer under the Licence) will terminate when the Dealer Agreement terminates.

2.7.  The Dealer must (and must ensure that its Licensed Representatives):

(a) take reasonable precautions to keep access codes secure at all times;

(b) comply with any Procedures relating to access code security or otherwise relating to access to and use of the Symetry Portfolio Service; and

(c) comply with all legal requirements relating to the conduct of their respective businesses and the operations carried out by them with the use of the Symetry Portfolio Service.

2.8.  The Dealer and its Licensed Representatives are responsible for providing, managing and maintaining their own facilities for accessing the Symetry Portfolio Service via the Internet.

2.9.  The Dealer acknowledges that the Symetry Portfolio Service is provided on an 'as is' basis and, to the extent permitted by law, Symetry excludes all warranties in relation to the availability or functionality of the Symetry Portfolio Service. Symetry may from time to time without notice suspend the Dealer's access to the Symetry Portfolio Service during a technical failure, or where modification or maintenance is being carried out in relation to the Symetry Portfolio Service. Symetry agrees to use all reasonable endeavours to notify the Dealer if the Symetry Portfolio Service becomes unavailable at any time.

2.10. Symetry reserves the right immediately and without notice (and without prejudice to its rights of termination of the Dealer Agreement), to suspend the Dealer's access, or the access of any of its Licensed Representatives to the Symetry Portfolio Service if in its discretion, Symetry:

(a) reasonably considers that the Dealer or its Licensed Representatives have failed to comply with any provision of the Dealer Agreement; or

(b) reasonably suspects that the Dealer or its Licensed Representatives have breached a Procedure.

3. Access Fees

3.1.  The following fees will apply to the use of the Symetry Portfolio Service by the Dealer and each of its Licensed Representatives:

FINANCIAL PLANNING TOOLS (if applicable)

$500 (plus GST) per user per annum

RESEARCH INFORMATION/QUANTITATIVE ANALYSIS

$200 (plus GST) per user per annum

PORTFOLIO SERVICE REPORTING

(Where the only Investment Service is either in the Manual Registry or the Cash Service, or both)

$6 per month per client file.

3.2.  Symetry may increase the above fees:

(a) no more frequently than once in every 12 month period by an amount not exceeding any increase in CPI since the previous increase in fees (or if there has not been any previous increase, since the commencement of the Dealer Agreement) or 5%, whichever is the greater; and

(b) at any time, by an amount necessary to compensate Symetry for any increases in its costs of supplying the Symetry Portfolio Service.

3.3.  The above fees will be calculated at the end of each year (or month, as the case may be) by Symetry and invoiced to the Dealer.

3.4.  The Dealer must pay the fees within 30 days of receipt of the tax invoice relating to the same.

3.5.  Symetry may offset the above fees against any Remuneration due to the Dealer.

4. Definitions

In this Schedule:

Dealer Agreement means the agreement between Symetry and the Dealer, of which this Schedule forms part.

Licence means the licence granted to the Dealer by clause 1 of this Schedule.