1.Definitions

"Customer" means the party seeking to order and pay for the Product through the Nitro Global website at http://www.nitroglobal.com/; "Nitro Global" is a company registered in Australia with ACN 111 849 088; "Product" means all software (and also hardware, accessories and services, if any) supplied by Nitro Global to Customer via the Nitro Global website and "Products" has like meaning; "Online Order" means an order placed by a Customer utilising the Nitro Global secure online ordering service; Nitro Global Refunds Procedure shall be as may be set out herein or otherwise as detailed on the Nitro Global website, from time to time; and, "Terms and Conditions" shall, subject to 17 below, include Nitro Global's Terms and Conditions for Online Trading, the Download Accelerator Software End User License Agreement and any other conditions as included on the Nitro Global website.

2.All Online Orders Subject to Terms and Conditions

(a) Subject to availability of Product and to Nitro Global’s right to refuse in its absolute discretion to accept any order, Nitro Global shall supply to the Customer, Product in such quantities and at such prices and in such manner as described on the Nitro Global website, such trade shall be subject to the Terms and Conditions.

(b) Terms and Conditions contained in any form, order or other writing of the Customer, its representative or agent which are at variance with or additional to the Terms and Conditions are not binding upon Nitro Global or any other party unless specifically accepted by Nitro Global in writing.

3. Delivery of Product

(a) Nitro Global in its absolute discretion will, if it accepts an order from a Customer following payment being authorised and acknowledged by its bank, arrange download delivery of the Product to the Customer at the address specified in the Customer's order.

(b) Except pursuant to a specific prior arrangement and at the cost of the Customer, Nitro Global will not be bound to deliver any Product to any Customer or third party outside of Australia, New Zealand, Philippines, Indonesia, Singapore, Thailand, Malaysia and Israel.

4. Terms of Payment

(a) Payment for the Products shall be made in full (including but not necessarily limited to on any periodic basis, for example, month to month) by the Customer to Nitro Global in accordance with the Terms and Conditions without deduction, set-off or demand, utilising a secure payment system provided by Nitro Global.

(b) Allow for online delivery of Nitro Global Product.

(b) If the Customer fails to make payment in accordance with sub-clause 4(a) above for any order of the Product, Nitro Global may in its absolute discretion suspend or cancel the supply of the Product to the Customer until all amounts owing by the Customer are paid in full.

5. Price Variation

(a) Subject to the other provisions of this clause 5 the price payable for the Products shall be Nitro Global's advertised price for the Products on the Nitro Global Internet Website at the time when the order is accepted by Nitro Global.

(b) Nitro Global will use all reasonable care to avoid, but will not be responsible for, any typographical or other errors or omissions regarding prices or other information.

(c) Prices and configurations are subject to correction or change by Nitro Global without notification.

(d) Promotional offers and prices are for the limited time specified in the offer and can be withdrawn at any time without notice.

(e) If any government imposes a duty, tax (other than income tax) or fee on any Product or the sale of any Product, not otherwise provided for in Nitro Global's prices or charges, the Customer agrees to pay

it when required by Nitro Global.

6. Orders

All orders are subject to acceptance by Nitro Global. Nitro Global will not be responsible for any delays in delivery or supply of the Product caused by any reason beyond the control of Nitro Global including but not limited to delivery difficulties for whatsoever reason. Provided the Product ordered by a Customer has not been delivered (electronically or otherwise) the Customer can cancel any order and apply for a refund if payment has been made. This can only be done by the customer contacting Nitro Global's Customer Service team on tel: 612-9659-1825.

7. Year 2000 Disclaimer

(a) Nitro Global does not warrant or represent that the Products when used in conjunction with any hardware or other software will not be affected by the Millennium Bug AND the Customer expressly accepts that Nitro Global shall not be liable for any breakdowns, delays, data losses, financial losses or any other losses suffered by the Customer or any other person or entity caused directly or indirectly by the effects of the Millennium Bug.

(b) The Customer acknowledges that it shall be solely responsible for the investigation, acquisition and implementation of all protective measures available to it relating to or considered advisable to minimise or eliminate the effects of the Millennium Bug arising from the use of the Products.

8. Passing of Risk and Title

(a) Notwithstanding any payment received by Nitro Global, no title whatsoever to any Product licensed, or for any part thereof, passes to the Customer at any time nor to any destination, and the Customer acknowledges absolutely the ownership therein as set out in the Terms and Conditions.

(b) Any Products sold by Nitro Global to the Customer shall be at the Customer's risk as and from dispatch to the Customer or at the Customer's direction. Following dispatch the Customer shall be responsible for any loss or damage to the Products however arising. The Customer hereby agrees to indemnify and keep indemnified Nitro Global for any loss sustained in any manner whatsoever by Nitro Global in relation thereto.

(c) All and any references to a sale of the Product (or any connotation thereof) refers only to the license for the use of the Product as described on the Nitro Global website and in the Terms and Conditions.

9. Liability

(a) Nitro Global shall not be liable to the Customer or to any other person whatsoever for any loss or damage howsoever caused arising directly or indirectly from or in connection with the Products, parts of the Products, or otherwise, other than expressly imposed by statute and to the extent to which liability can be excluded it is.

(b) Notwithstanding the generality of (a) above, Nitro Global expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.

(c) The limit of all liability for which Nitro Global might be held responsible is, at Nitro Global's option, to any one of re-supplying, replacing or repairing the Product or supplying again any services, subject to the Terms and Conditions.

10. Refunds Procedure

(a) Nitro Global Refunds Procedure does not apply to "specials" or other discounted offers similarly made or to any other Products specifically advertised and sold as not returnable or refundable.

(b) Provided the Customer complies with the Nitro Global Refunds Procedure and the Product is defective and unable to be utilised or used as reasonably represented (or otherwise is not covered by sub-clause (a) above), the Customer may request a refund as provided at (c) below.

(c) Each claim of the Customer for a refund shall be dealt with under Nitro Global's Refunds Procedure, as may apply from time to time. The Nitro Global Refunds Procedure requires that the Customer contacts Nitro Global's Customer Service team on tel: 612-9659-1825 to obtain a Refund Authority Number, details of which must be quoted in all communications with Nitro Global with regard to any request for a refund.

(d) Nitro Global shall have no liability for any damage or defects in the Products that have been caused by neglect, abuse or improper use, installation, maintenance or unauthorised repair.

11.Waiver

Failure or neglect by Nitro Global to enforce at any time the provisions hereof shall not be constructed nor shall be deemed to be a waiver of Nitro Global's rights hereunder nor in any way affect the validity of the whole or any part of this agreement nor prejudice Nitro Global's rights to take subsequent action.

12.Severability

In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to the extent such terms and conditions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

13.Whole Agreement

The Terms and Conditions supersedes any arrangements understandings provisions or agreements made or existing between the Customer and Nitro Global prior to or simultaneously herewith and constitutes the sole and entire Agreement between the parties and except as provided herein no variation amendment modification or addition to any of its Terms and Conditions shall be of any force or effect unless the same shall be in writing and signed by and on behalf of the Customer and Nitro Global.

14.Governing Law

The parties agree that the Terms and Conditions and their application and enforcement shall be constructed in accordance with the Law of the State of New South Wales Australia and all parties agree to the accept the jurisdiction of the Courts of that State.

15.Access to the Customer's Consumer Accounts

The Customer hereby authorises Nitro Global to make enquires at any time and from time to time report to any credit reporting agency information relating to the Customer's individual account and its conduct with Nitro Global.

16. Warranty

(a) Nitro Global's warranty to the Customer in respect of the Products is as set out in the warranty conditions accompanying the Products.

(b) The Customer's rights under this clause 16 are subject to clauses 8 and 10 above.

(c) The warranties provided in respect of the Product are to the extent permitted by law exclusive and in lieu of all other warranties whether express or implied, including without limitation any warranty of merchantability or of fitness for a particular purpose.

17. Conflict of Terms

In the event of any conflict between any Terms and Conditions, the Download Accelerator Software End User License Agreement shall prevail.