1. ROLE OF AURORA AND SERVICES TO BE PROVIDED

1.1 Aurora Asset Management will establish and maintain the investment administration services the client's investment portfolio.

1.2 Subject to Aurora receiving the information it requires from the Broker and third party data sources selected by Aurora, Aurora will perform the following portfolio administration services for the Client. The portfolio administration services will be provided in respect of the Client’s Investments based on the information obtained by Aurora from the Broker and those third party data sources.
  1. Maintain the administration services for the client's investment portfolio by processing all asset, cash and income transactions

  2. At a minimum, the following quarterly reports in relation to the Client's Investments:

    1. A portfolio valuation report;

    2. An asset allocation report;

    3. An asset performance report;

    4. A transactions summary report;

    5. An income report;

    6. A sales summary report;

    In those forms and containing that information as Aurora may from time to time reasonably determine.

  3. Processing of dividends to the Client's CMT Account.

  4. Annual taxation reporting in relation to the Client's Aurora Asset Management Account.

  5. Mail administration in relation to the Client's Aurora Asset Management Account.

1.3 The Services may also include other services as notified to the Client by Aurora from time to time.

1.4 All correspondence from third parties in respect of the Client's Investments will be directed to Aurora. Aurora will use reasonable endeavours to communicate to the Client the existence of any offer or invitation made to the Client in their capacity as investors (including takeover offers, rights or entitlement offers, top up/additional securities acquisition offers and shareholder discount cards) received by Aurora on the Client's behalf but Aurora will not be liable to the Client for any failure or delay in doing so. Aurora may choose not to communicate certain offers or invitations (such as promotional offers) to the Client in Aurora's sole discretion and is not liable to the Client for a failure to do so.

1.5 Aurora is not obliged to forward to the Client originals or copies of dividend notices, tax statements or other statements received by it relating to the Client's Investments. Aurora may in its absolute discretion provide a summary of any information contained in any such notice or statement as Aurora considers material, in the reports outlined in clause 1.2(b).

1.6 Aurora may decline to accept or comply with instructions at any time and will provide reasons for its decision if reasons are requested by the Client.

1.7 The Client acknowledges that Aurora has the right to request the Client's Tax File Number for the purpose of carrying out responsibilities under the tax law in relation to Aurora Asset Management and the Client must supply it if Aurora requests it. Aurora will not be liable if any issuers, share registries and suppliers do not act on the Tax File Number instructions from Aurora. If the Client does not provide the Tax File Number to Aurora, taxation at the highest marginal rate may be deducted from the payments due to the Client and remitted to the Australian Taxation Office by share registries and other suppliers.

1.8 Where the Client's Tax File Number has previously been provided to Aurora by the Client, Aurora may use the Client's Tax File Number in relation to Aurora Asset Management as outlined in clause 1.7.



2. THE CLIENT'S COMMITMENT
2.1 The Client must, for the duration of this agreement, pay the Fees in full, on their due dates for payment without any deduction, set off or counterclaim.

2.2 The Client must, to establish its Aurora Asset Management Account, and if required by Aurora from time to time, fully complete, sign and provide all establishment paperwork to the satisfaction of Aurora (including an Asset Schedule outlining all the Clients Investments to be loaded on to the Aurora Asset Management) and provide proof of identification to Aurora.



3. AUTHORITIES
3.1 The Client authorises Aurora to change the address for notices in relation to the Client's Investments to C/- Aurora Asset Management, PO Box 2148, Clarkson WA 6030 or to such other address as Aurora may from time to time require for the purposes of mail administration.

3.2 The Client authorises Aurora to change the Client's banking instructions to enable dividend and distribution income from the Client's Investments to be banked to the CMT Account, either by cheque or direct credit, or to be re-invested pursuant to any Dividend Reinvestment Plan election.

3.3 The Client acknowledges and agrees that Aurora's access to the Client's CMT Account cannot be suspended or revoked by the Client without the Client first providing Aurora with notice to terminate the Clients participation in the Aurora Asset Management only following the completion and execution of an Aurora Asset Management Account Closure Form to the satisfaction of Aurora. Until the Aurora Asset Management Account Closure Form is processed by Aurora and all outstanding obligations have been duly discharged, this agreement remains in force.



4. FAILURE TO PAY MONEY OWING

4.1 Aurora may levy additional charges against the Client if the Client does not pay the Fees or if the Client fails to have sufficient funds in its CMT Account to pay the Fees as and when they fall due. To cover Auroras administration costs as a result of that failure to pay, Aurora may charge and the Client agrees to pay:



5. RELEASE AND INDEMITY

5.1 Aurora Asset Management agrees that in providing the Service for the Investment Portfolio, it will exercise all reasonable care and skill. The Client acknowledges that Aurora does not make any representation or give to the Client a warranty as to the particular investment performance or rate of return on the Investment Portfolio.

5.2 Aurora is not responsible for any loss whether actual, contingent or consequential incurred by the Client as a result of any act, omission, deceit, neglect, mistake or default of any person including but without limiting the generality of the foregoing to its officers, servants and agents of Aurora except to the extent that any such loss is directly attributable to the gross negligence, deceit or fraud of Aurora and to the extent permitted by law, the release Aurora from all liability in respect of any loss incurred by the client.

5.3 The Client indemnifies Aurora against all actions, claims, demands, tax costs, expenses and liabilities howsoever arising from any investments made pursuant to this service, including but without limiting the generality of the foregoing; all stamp, financial institutions, registration and other duties, bank account debits tax and other taxes, levies, imposts, deductions and charges whatsoever.



6. LIMITATION OF LIABILITY

Aurora Asset Management Pty Ltd
www.auroraam.com.au
ABN 18 125 698 599
PO Box 2148, Clarkson WA 6030

6.1 To the extent permitted by law, any liability on the part of Aurora for damages for or in respect of any claim arising out of or in connection with the relationship established by this Agreement, any conduct or omission under this agreement or any order or instructions given to Aurora by the Client shall not in any event (and whether or not under this Agreement such liability results from or involves negligence) exceed the aggregate amount of management fees which Aurora has received from the Client under this agreement over the 12 month period preceding the making of the claim. The limitation in this clause (*) is the maximum aggregate amount which the Client may recover in respect of all claims made against Aurora and not for each claim separately if more than one.



7. TERMINATION
7.1 Either party may terminate this agreement by giving 7 days prior written notice, subject to the following:

  1. the Client will remain liable to meet all obligations which may accrue under transactions initiated prior to Aurora receiving notice of termination;

  2. the Client may also be liable to pay Aurora the amount accrued to the date of termination for fees and charges due to Aurora Asset Management or any other entity; and

  3. Despite anything to the contrary, the release and indemnity and limitation.


6.1 Should any complaint or dispute arise, you should take the following steps:
If you do not receive a satisfactory response you have the right to complain to: The Financial Industry Complaints Service Limited, PO Box 579, Collins Street West, Melbourne VIC 8007. Telephone: (03) 9629 7050, Facsimile: (03) 9621 2291 (Toll free 1800 335 405 - outside Melbourne metropolitan area). The Australian Securities and Investments Commission also has a free call Info line on 1300 300 630, which you may use to make a complaint and obtain information about your rights.



7. DEFINITIONS

7.1 Unless the context otherwise requires:
  1. Words and expressions in this agreement have the meaning they have in the Rules; and

  2. Any reference to 'securities' in this agreement includes a reference to 'Warrants' as that term is defined in the ASX Market Rules.
7.2 In this agreement:

'ASX' means Australian Stock Exchange Limited ABN 98 008 624 691;

'Broker' means the preferred broking institution which sponsors the stocks held within the portfolio;

'Claim' means any action, suit, proceeding, demand and Loss of any nature whatever, and however arising, out of, relating to, or connected with this agreement, made or to be made, or that might be made against a Supplier whether:
  1. Present, unascertained, immediate, future or contingent;

  2. In contract or in tort (including negligence), or under any statute, or by reason of any other principle, whether legal, equitable, or statutory;

  3. Asserted by action, claim, suit, proceeding, deduction, set off or counterclaim, or otherwise however;

  4. For breach of any provision, warranty, representation, obligation or undertaking (express or implied) contained in this agreement; or

  5. arising or resulting, directly or indirectly, from any statement, representation, information or advice made or given, whether negligently or otherwise and whether incorrect or otherwise, in relation to any act matter or thing arising out of or in any way connected with this agreement;
'Client' means the person or persons whose details appear in the account application form for either or both of:
  1. (a) An Investment Account; or

  2. An Aurora Asset Management Account,
And any authorised agent of the Client that Aurora accepts is the Client's agent;

'Client's Investments' means the Client's cash Account, the securities in the Investment Account as notified by the preferred Broker to Aurora from time to time, the Client's other securities as determined by Aurora Asset Management;

'Client's Obligations' means the obligations of the Client under this agreement or imposed on the Client by law in relation to the Client's Investments;

'Aurora' means Aurora Asset Management ABN 18 125 698 599 and, where applicable, its officers, employees and agents;

'Aurora Asset Management' means the portfolio administration service to be provided by Aurora to the Client as described in Part 1 of this agreement;

'Aurora Asset Management Account' is the account through which a 'snap shot' of the Client's Investments are displayed by Aurora under the Aurora Asset Management;

'Aurora Asset Management Fee Schedule' or 'Fee Schedule' means the schedule attached to and forming part of this agreement listing the Fees, as amended by Aurora from time to time;

'Fees' means the management fees, and any other fees charged by Aurora in connection with the Aurora Asset Management together with any applicable GST, which are more properly described in the Aurora Asset Management Fee Schedule. The Fees do not include any fees charged by a financial institution in connection with the clients cash Account, or the Brokerage or other fees charged by the Broker in connection with the Investment Account or the Trading Service.

'GST' means the goods and services tax levied under the New Tax System (Goods and Services Tax) Act 1999 or any similar value added tax;

'Investment Account' means a securities trading account established by the Client with the Broker;

'Loss' means any claim, action, damage, loss, liability, cost, charge, expense, diminution in value or deficiency of any kind or character that the Client or a Supplier (as the case may be) pays, suffers or incurs or is liable for including:
  1. All interest and other amount payable to third parties;

  2. all legal (on a full indemnity basis) and other expenses incurred in connection with investigation or defending any claim or action, whether or not resulting in any liability and all amounts in settlement of a claim or action; and

  3. Special Loss.
'Securities' means ASX securities and all other assets other than cash, recorded by Aurora Asset Management;

'Services' means the services to be provided by each Aurora and the Broker as described in this agreement;

'Special Loss' means indirect, special, incidental or consequential loss or damages (including loss resulting from business disruptions, lost profits, trading or execution losses) or loss or damage to systems or data;