AINS Mobile Voice Service Terms

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1 AINS Mobile Voice Service Terms Definitions CLI means Calling Line Identification. IPND means Integrated Public Number Database Minimum Term means the period, beginning from the Service Start Date, during which you have agreed to receive the Service, as specified in the Application Form or Order. References to Committed Term, Contract Term and Minimum Contract Term have the same meaning as the Minimum Term. Port means the process used to transfer an existing mobile telephone number between Carriers. Service means your AINS Mobile Voice Service in this Agreement. SFOA means the AINS Standard Form of Agreement located online at AINS Mobile Voice Nature of the Service 1. AINS's Mobile Voice service is provided using the Optus mobile telephony network. 2. The Service must be used predominantly for business purposes. 3. Service is available wherever there is network coverage; it is available in most areas within Australia but is not guaranteed to be available everywhere and at all times. 4. Within a Service coverage area, it is technically impracticable to guarantee that the Service is available in each place within that area, or that drop-outs will not occur during a call, that capacity is available at all times to make or receive calls, or that the Service is free of faults or error. 5. This AINS Mobile Voice Service Terms is a relevant Service Description as defined in Paragraph 2(a), Part A of the AINS SFOA and does not in any way change any terms of the SFOA and the SFOA remains in force at all times. Eligibility a. The Service is supplied to you pursuant to the AINS SFOA. 1. To be eligible to connect Mobile Voice services under this Agreement, you must have: a. an ABN, ACN or ARBN; and b. an active AINS Customer Account Number; and c. at least one other active service billed by us on a monthly basis. 2. You are only eligible to connect Mobile Voice services to the plans described in Schedule 1 of this Agreement and as amended from time to time by way of a Variation Agreement. AINS Mobile Voice Service Terms V Page 1 of 6

2 Monthly Call Allowance 1. You will not pay for calls and messages of the type that are included in your Monthly Call Allowance: a. The included call types are described in Schedule 1 Mobile Voice Plans. 2. You cannot use your Monthly Call Allowance for other call types including information calls, Call Answers, Memo and PhonePage, third party content calls, international calls and messages, international roaming calls and messages, premium SMS and MMS, reverse charges calls, calls to Sensis 1234, 12455, and calls to 19xx. a. It is impractical for us to publish a fixed rate card for non-standard call types and due to the frequency of supplier changes. b. Cost of specific call types will be provided on request. 3. Unless otherwise stated in writing, you may not share your Monthly Call Allowance with other AINS Mobile Voice Service. 4. You cannot apply your included Monthly Call Allowance towards data usage. 5. Unused Monthly Call Allowance expires at the end of each month. Monthly Data Allowance 1. You will not pay for data usage of the type that is included in your Monthly Data Allowance: a. The included call types are described in Schedule 1 Mobile Voice Plans. b. Excludes International Data Roaming charges. 2. Excess data usage beyond your included Monthly Data Allowance will be billed at the Excess Usage Fee applicable to your Plan. 3. Unless otherwise stated in writing, you may not share your Monthly Data Allowance with other AINS Mobile Voice Service. 4. You cannot apply your included Monthly Data Allowance towards calls. 5. Unused Monthly Data Allowance expires at the end of each month. International Calls, International Roaming and International Data Roaming 1. Global roaming and International Data Roaming is not activated by default. 2. To activate Global roaming and International Data Roaming, you must contact AINS service desk and request activation, upon which, Global roaming and International Data Roaming will become available within 24 hours. AINS Mobile Voice Service Terms V Page 2 of 6

3 3. Additional charges apply for all Global roaming and International Data Roaming usage. Provisioning of Service 1. The target activation lead time and delivery of your SIM and/or handset is 5 working days. 2. Your SIM card and/or handset will be sent to you by registered post. a. Delivery of items is fully at your own risk and AINS will not be responsible for lost, missing, delayed or damaged goods. 3. On receiving your SIM: a. If you have signed up for a new mobile number, insert your SIM into your handset. Your SIM and new mobile number will then be activated and useable in approximately 1 hour. b. If you are porting an existing mobile number to us, porting will complete within 5 business day so continue using your existing SIM until it stops working. Once your existing SIM stops working, you should insert the AINS SIM card into your handset to start using the AINS's mobile voice service. Order Withdrawal and Point of No Return (PONR) 1. Once your Order is accepted by us and ordered in our system, you are unable to cancel your order. 2. Cancellation of your order after PONR will be construed as discontinuance of the Service within the current term. Termination/Discontinuance of Service 1. AINS reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month's charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable. 2. No refund will be provided for any portion of the monthly fees on discontinuation of the Service for whatever reason. 3. Discontinuation of the Service does not result in discontinuation of other Services associated with your AINS customer account. Lawful Use of Service and Device 1. You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in AINS s sole judgment the transmission, receipt or possession of such communication or material: AINS Mobile Voice Service Terms V Page 3 of 6

4 a. would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or b. encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. 2. AINS reserves the right to suspend or terminate your service immediately and without advance notice if AINS, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at AINS s discretion be immediately charged to your credit card. Service Usage Data 1. It is your responsibility to be aware of, and control, your usage costs. AINS will endeavor to provide usage updates: a. in the AINS Online Client Portal; and b. on a daily basis for usage incurred in arrears (24 hours delay). 2. From time to time, usage updates will be delayed for various reasons and AINS will not be liable in any way as result of such delays. 3. All usage data will be purged after 12 months. CLI and IPND 1. If you do not bar CLI in respect of calls made from your Phone you agree that when a call is made from your Phone your Phone Number may be sent automatically to the equipment of the called party. 2. You agree that if a party calling your Phone has not barred CLI in respect of a call made from their equipment, the service number of the calling party may be displayed on the screen of your phone at the time the call is made. 3. You agree that when sending an SMS MO message, your Phone Number or name may be sent automatically to the equipment of the called party and that your Phone Number or name cannot be barred in respect of such calls. 4. The Service is supplied to you with a public number AINS is required by law to supply your name, address, telephone service number and other public number customer details to a database known as the IPND. a. This obligation is mandatory. b. This applies to all customers including unlisted customers. However, unlisted service information is marked and controlled in the IPND so that it is not disclosed, for example, to directory information organisations providing published directories or directory assistance services. c. The information held in the IPND may only be provided for an approved purpose to those approved data users such as directory information organisations or for the assistance of emergency service organisations or law enforcement agencies. AINS Mobile Voice Service Terms V Page 4 of 6

5 Theft of Service 1. You agree to notify AINS immediately, in writing or by calling the AINS customer support line, if the SIM is stolen or if you become aware at any time that your Service is being stolen or fraudulently used or is used without your authority. 2. When you call or write, you must provide your Customer Account Number, verification details and a detailed description of the circumstances of the Device theft or fraudulent or unauthorised use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as AINS receives notice of the theft or fraudulent or unauthorised use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service, fraudulent or unauthorized use of the Service. 3. If your handset or SIM Card is lost or stolen, you may request temporary barring of your Service from incoming and outgoing calls. You will continue to be charged your monthly access fee throughout this period. AINS Mobile Voice Service Terms V Page 5 of 6

6 Schedule 1 Mobile Voice Plans Effective from 1 April Business Saver Business Max Monthly Access Fee $ $ Activation Fee (includes delivery) $ $ Minimum Contract Term Month by Month 24 Months Included Handset None Galaxy IIs Included Monthly Call Allowance Unlimited Calls Unlimited Calls - Included Call Types Standard Local, National and Mobile, Standard Voic , Standard SMS and calls to 13/1300/1800 within Australia Standard Local, National and Mobile, Standard Voic , Standard SMS and calls to 13/1300/1800 within Australia Included Monthly Data Allowance 1GB 2GB Excess Usage Fee 23c per kilobyte 23c per kilobyte - Included Data Usage Termination Fee Unlimited access to Facebook, Twitter and MySpace None Unlimited access to Facebook, Twitter and MySpace $79.00 x remaining months in minimum term 1 Prices exclude 10% GST. AINS Mobile Voice Service Terms V Page 6 of 6

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