Service Specific Terms MySaver Mobile Telephone Service

Transcription

1 Service Specific Terms MySaver Mobile Telephone Service 1. Dictionary 1.1 Unless otherwise stated below, terms used in these Service Specific Terms that are defined in the General Terms have the same meaning as in the General Terms. 1.2 In these Service Specific Terms: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) 3G Service means the digital mobile telecommunications network service that utilises parts of the Telstra Wholesale Network for the MySaver Mobile Telephone Service as described within the Service Details that MySaver will supply to You in accordance with the General Terms. 3G/GSM Service means the combined 3G Service and GSM Service available using parts of the Telstra Wholesale Network. 3G/GSM Service Area means the coverage area of the Telstra Wholesale Network for the MySaver Mobile Telephone Service. The coverage area may be reduced if a compatible handset capable of accessing GSM Services at 900/1800MHz and 3G Services at 850MHz/2100 MHz is not used. Authorised Dealer means a person or entity authorised by MySaver under a formal agreement to sell compatible handsets and devices to customers, market the Services to customers and facilitate the connection of customers on behalf of MySaver. Call includes, without limitation, Voice, Messaging or Data Call Types or a combination of those Call Types as the case may dictate. Call Plan means the call rates for Call Types set out in the Service Details. Call Rates means the call rates for Call Types set out in the Service Details Call Type means the type of usage used in conjunction with the 3G/GSM Service. Applicable categories of call types used in conjunction with a 3G/GSM Service include Voice, Messaging and Data call types. CLI means calling line identification; Connection means the activation of the Service. Connected has a corresponding meaning. Disconnection means the disconnection of a Service. Disconnected has a corresponding meaning. Flagfall means the amount MySaver may charge to intitiate a voice or video call, in addition to the amount charged by MySaver for the duration of the voice or video call. General Terms means the Standard Form of Agreement for the Supply of Services which apply to all MySaver services. 1

2 (n) (o) (p) (q) (r) (s) Minimum Monthly Fee means the minimum monthly fee (if any) payable by You in respect of any Service. Roaming means where You use a mobile service on a carrier s network other than Your Service Network to make calls or access mobile services either within Australia or outside Australia. SIM means the subscriber identity module card, to be used with a compatible handset to enable use of the 3G/GSM Service. Service means the 3G/GSM Service, and for the avoidance of doubt, excludes any Roaming unless express permission is given by MySaver for Roaming capability at the request of the customer. Service Fees means the fees, specified in the Mobile Telephone Service Details, payable by You to MySaver for the supply of the Service. Service Network means the Telstra Wholesale Network for the MySaver Mobile Telephone Service. 2. The Service 2.1 The MySaver Mobile Telephone Service is a 3G/GSM Service which You acquire from MySaver. MySaver provides the 3G/GSM Services using the Telstra Wholesale Network (the Service Network). 2.2 MySaver supplies You with the Service on the terms and conditions set out in the General Terms, these Service Specific Terms and the Service Details. 2.3 The 3G/GSM Service is available to You within the coverage area of the Telstra Wholesale Network. 2.4 To use the full coverage and capabilities of the 3G/GSM Service, You must have a handset capable of accessing GSM Services at 900/1800 MHz, and 3G Services at 850MHz/2100MHz. 2.5 The 3G/GSM Service can be used by You to make and receive voice calls to and from: telephones connected to Australian telecommunications networks, including Australian PSTN networks, calls to Free and Local Rate Numbers, and Australian mobile networks to which the Service Network is able to terminate calls; calls to special numbers used to provide special services such as operator services, Value Added Services, and connection to Special Calls such as maritime, remote and satellite services; and international direct dialled numbers. 2.6 MySaver will take all reasonable steps to make sure that You can receive the Service. However, You acknowledge that: 2

3 You may not be able to use the Service in some areas, or in some buildings, or at certain times; the Service can only be used in areas where the Service Network is available. 2.7 Roaming relies on the networks of other carriers over which MySaver has no control. MySaver does not control the quality and reliability of mobile services when You are Roaming. 3. Your use of the Service 3.1 You may elect to receive and pay for data with the Service. You acknowledge that the internet is an open, public and substantially unrestricted communications network through which you may be able to access any material capable of expression as digital data, including material which may be subject to third party rights (including intellectual property rights), unsuitable for minors, restricted, defamatory, illegal, offensive, sexually explicit, threatening, or otherwise objectionable. 3.2 You acknowledge that MySaver cannot control the nature of material which You may access by means of the Service, and You accept full responsibility for the use of the Service. 3.3 From time to time, it may be necessary for MySaver to disrupt or temporarily suspend the Service in order to perform necessary maintenance or implement improvements to the Service. While MySaver will make reasonable efforts to minimise the duration of any such disruptions or suspensions of the Service, You acknowledge that MySaver will have no liability to You for any reason whatsoever arising from any such disruptions or suspensions. 3.4 You must not use the Service for any purpose that infringes the copyright, trademark, patent, confidential information or other intellectual property rights of any person ( IPR Infringement ). 3.5 You acknowledge that MySaver may (although it is not required to) monitor Your use of the Service to investigate any IPR Infringement or suspected IPR Infringement, including where MySaver is requested to do so by a relevant authority or owner or licensee of intellectual property rights. 4. Your obligations 4.1 You must: 4.2 You must not: Keep the SIM safe and in good condition; Return the SIM to MySaver immediately upon request; Notify MySaver immediately of loss of, or damage to, a SIM; (d) Use the spend control tools provided by MySaver and otherwise diligently monitor your call usage so that You do not overcommit Yourself financially. Place, attempt or accept a reverse charge call using the Service; 3

4 Use the CLI or information derived from the CLI except in accordance with the Act. 5. Billing and Payment 5.1 We will issue a bill to You for the Service Fees at the frequency specified in the Mobile Telephone Service Details (or if not specified, then once per calendar month). 5.2 You must pay each bill issued within the time specified on the bill for payment, unless You have agreed to have Your bill paid directly by credit card or direct debit, in which case MySaver will charge the amount of the bill issued on or after the date specified on the bill. 5.3 MySaver may suspend the supply of the Service to You if You fail to pay Service Fees when they are due and MySaver has given You at least 5 days notice of its intention to suspend the Service, and may cancel the supply of Services to You if You do not pay the outstanding Service Fees within the time specified in a notice from MySaver of its intention to cancel the Service. 6. Service Suspension, Limitation or Termination 6.1 Subject to applicable Law, MySaver may, in its absolute discretion, suspend, limit or terminate the provision of the Service if: MySaver has reason to suspect that: i. the SIM is being used in a device that is not approved by MySaver (such as a SIM box or similar device); or ii. fraudulent or illegal activity is, or will be, conducted using the relevant SIM. MySaver gives you thirty (30) days written notice of its intention to do so; or You exceed the Credit Limit; or (d) You are in breach of this Agreement; or (e) A regulatory authority such as the ACMA or ACCC instructs MySaver to do so; or (f) There are technical problems with the Service Network which require corrective action by MySaver; or (g) there are technical problems with the Service Network which require corrective action by MySaver; or (h) You, or someone acting on Your behalf, informs MySaver that You have lost a SIM; or (i) MySaver has an incomplete or incorrect record of information about You; or (j) MySaver reasonably suspects that its record of information about You contains materially incorrect or incomplete information; or 4

5 (k) You: (i) (ii) (iii) die; are a partner in a partnership, and the partnership dissolves; or suffer an Insolvency Event; (l) MySaver reasonably believes that the Service is being used to commit unauthorised, criminal or unlawful activities; or (m) MySaver reasonably believes that You have engaged in fraudulent activities in relation to a Service provided by MySaver; or (n) MySaver reasonably believes that You have resupplied the Service to another person without MySaver s prior written approval; or (o) MySaver is required by law to do so, or is requested to do so by a law enforcement agency; or (p) MySaver is required to do so under any agreement with a third party or because a telecommunications service is unavailable from a third party; or (q) You port out a phone number; or (r) You breach the Fair Use Policy. 6.2 Where MySaver suspends, limits or terminates the Service under clause 6.1 -(r), MySaver will use its reasonable endeavours to provide notice to You. 6.3 MySaver will promptly suspend the Service if informed by You or someone acting on Your behalf that a SIM has been lost or stolen. However, You are responsible for all Call charges incurred up to the suspension of the Service (unless any such Calls arise from MySaver s negligent act or omission). 6.4 MySaver may suspend or limit the Service provided to You if, in MySaver s reasonable opinion, the amount of Call charges accrued on Your account is unusually high. MySaver may also contact You directly in the event of unusually high Call charges and may request you provide reasonable evidence that you have not overcommitted yourself financially. In making this determination, MySaver may have regard to matters including: Your previous average daily Call spend; the total of Your unbilled Call charges; and any unusual Call spending patterns. 7. Cancellation of the Service 7.1 The minimum term of this Agreement is one month. You may terminate the Service at any time, provided that You must pay for all usage charges up to the end of the month during which you terminate, including paying the Minimum Monthly Fee and 5

6 any additional charges incurred through Your use of the Service up to the date of termination. 7.2 On cancellation of the Service, You must pay to MySaver: the fees for the Service up to the end of the month on which the cancellation becomes effective; and if the cancellation takes effect during a Minimum Commitment Period, any applicable Early Termination Fee. 8. Problem Reporting and Emergency Calls 8.1 Emergency Calls: by dialling Triple Zero (000) or 112 within Australia, You will be connected straight through to emergency services. Emergency calls made from outside Australia may require different numbers, please check with MySaver customer care on Fault Reporting: to report any difficulties or faults with the Service Network, dial MySaver customer care on from within Australia (free call when using the 3G/GSM Service) and for calls made when using International Roaming from outside Australia (charged call). 9. Value Added Services and Special Calls 9.1 Once Connected to the Service, You may, subject to MySaver s approval, have access to MySaver s Value Added Services and Special Calls, which are divided into calls to certain numbers. Items listed in this clause 9 are all Special Calls. 9.2 High rate Call Options: (i) (ii) (iii) maritime, remote and satellite services; 19XX numbers; international direct dialled numbers. 9.3 Value Added Services: (d) Calling Line Identity: this default service allows You to identify an incoming caller before You answer the call when used with compatible handsets. To permanently de-activate the service dial MySaver customer care on To de-activate on a call-by-call basis dial 1831 before the called number; Call Barring: this service is a security option which allows incoming and/or outgoing Calls to be barred. For assistance with this service, call MySaver customer care on ; Call Forwarding: this service allows Customers to forward Voice Calls to Your mobile number to another domestic Australian telephone number. Voic You can divert Your calls to voic . Please note that MySaver is not obliged to and does not maintain a record of Your voic s once they have been deleted. 6

7 9.4 Telstra Branded Services Telstra Branded Services are available to You, but may be withdrawn at any time by MySaver. Telstra Branded Services include: (i) (ii) Sensis1234: by dialling 1234 from a mobile phone in3g/gsm Mode connected to the Telstra Wholesale Network, a Sensis assistant will provide help and assistance at any time; Call Connect12456: by dialling for directory assistance with Call Connect, the Telstra operator will look up the number and offer to connect the call straight through. No redialling is necessary. For overseas directory assistance, dial CallConnect is not available for international direct dialled numbers or calls made outside the Telstra Wholesale Network; 9.5 Customer Service: For any enquiries regarding the 3G/GSM Service, You can call MySaver customer care on from any fixed or mobile phone (free call when using the 3G/GSM Service). MySaver customer care staff are available between the hours of 9.00am to 9:00pm AEST seven days or as otherwise indicated from time to time. You can also use our Self Care option available on our website at for general service and billing enquiries. 10. Coverage 10.1 There are certain restrictions on 3G/GSM Service coverage. MySaver provides You with up to date information about the coverage of the Telstra Wholesale Network throughout Australia on its website at To use the full coverage and capabilities of the MySaver mobile telephone service You must have a handset capable of accessing GSM Services at 900/1800 MHz, and 3GServices at 850MHz/2100MHz Before Connecting a 3G/GSM Service provided by MySaver, You must first check that You have coverage from the relevant Service Network at the locations where You wish to use the 3G/GSM Service. If You do not have access to the Internet, You can contact MySaver customer care on , or an Authorised Dealer for up to date coverage information. 11. Getting started with MySaver 11.1 Connection to the 3G/GSM Service requires the activation of a SIM, which, when inserted into a handset, activates the handset to the Service Network. Your contract with MySaver commences on the activation of the SIM. Full details on activating the SIM are provided at the point of sale. The SIM always remains the property of MySaver and must be returned on request Once Connected to the Service, you will have access to: the use of a mobile phone number; fault rectification during MySaver s business hours; Customer care services between the hours of 9.00 am to 9:00 pm AEST seven days a week or as otherwise indicated from time to time on our website, 7

8 (d) (e) (f) access within Australia to the Telstra Wholesale Network for the 3G/GSM Service; access to MySaver s Value Added Services as provided with the relevant Service Network option (where available); and access to certain Telstra Branded Services except that any of these Telstra Branded Services may be withdrawn at any time. 12. Call types and charges 12.1 There are a number of different Call Types and Value-Added Services available with the 3G/GSM Service Categories of Charges: There are 4 general categories of charges for the 3G/GSM Service: (d) Minimum Monthly Fee; Call charges; Value Added Services and Special Calls; and other charges All charges are subject to change in accordance with this Agreement. All prices include GST. Actual charges may vary on your statement as charges are rounded to the nearest cent before GST is included. If the rate of the GST is amended at any time, then you will be charged at the amended GST rate Charges are payable and charged for each full monthly billing cycle in arrears Minimum Monthly Fee A Minimum Monthly Fee is charged for the costs associated with accessing the Service Network up to the value of included value, including access to the Value Added Services and Special Calls Call Charges (d) Customers will be charged only for successfully connected Voice Calls. For example, there is no charge for Voice Calls to an engaged number, however Voice Calls that are successfully connected are charged regardless of the quality of that Voice Call. All Voice Calls are charged a Flagfall fee. Voice Calls are charged from the time the Call is answered at the number requested. Voice Calls are charged per minute (or part thereof) unless another billing increment is specified in the Call Plan for that specific Call Type. All Call Rates and charges are subject to rounding from three decimal points to two decimals points. Most international direct dial and Special Calls are charged per minute (or part thereof) unless another billing increment is specified in the Call Plan for 8

9 that specific Call Type. Flagfall is charged on most international direct dial and Special Calls. (e) (f) (g) (h) Messaging Calls are charged on successful submission of the message, regardless of whether the message is actually delivered, as these services are store and forward services and there are many factors outside of the control of MySaver which may affect delivery, including the availability of the message recipient and the operation of any third party networks. Data Calls are charged for the use of Data services, regardless of the direction of usage (i.e. both data uploads and data downloads usually incur Call Charges). Data Call service charges may be incurred in addition to the charges for other Call Types, where those other Calls rely on Data services for their operation. My Saver may waive any charge in its absolute discretion. Charges for all Calls are Your responsibility contractually as You hold the Agreement with MySaver for the Service, irrespective of whether those Calls were made by You or another person. The same rate for Calls applies at all times unless explicitly stated otherwise for a specific type of Call in the Call Plan Value Added Services and Special Calls Calls made to Value Added Services and Special Calls are charged as per the rates stated by MySaver for the relevant Call Plan Other Charges MySaver may charge You additional charges for additional services it supplies to You from time to time. These charges are subject to change by MySaver at any time in its sole discretion. Additional charges include (but are not limited to, and rates are subject to change by MySaver at any time without notice): (i) (ii) (iii) (iv) bill print fee ($6.00 per reprint): where You request a copy of the bill be printed; change mobile number fee ($20:00 per change): where You request a change to Your mobile number. MySaver will not charge You a change mobile number fee in circumstances where You have a genuine need for a different mobile number outside the Your control (for example, to avoid unwelcome or threatening calls); dishonoured fee (dependent upon Your Financial Institution): where Your payment to be collected by MySaver has been rejected by Your financial institution, MySaver may charge a fee to recover the administrative costs of pursuing payment; late payment fee ($15.00 per month): where You do not pay Your monthly bill by the due date, MySaver may charge a late payment fee to recover the administrative costs of pursuing payment; 9

10 (v) (vi) replacement SIM fee ($15.00 per SIM): where You request the replacement of Your SIM card in circumstances where the SIM card is determined by MySaver not to be faulty (for example, where the SIM has been lost or damaged by You); transfer of ownership ($15.00 per transfer): where You request that the ownership of the 3G/GSM Service is transferred to another person. MySaver reserves the right to require You to pay a security deposit before You can access some or all Value Added Services and international roaming. The security deposit may be applied by MySaver against any outstanding fees and charges for the Service should You fail to pay any due amounts International Roaming (d) (e) International Roaming is available to You if MySaver approves Your access to this capability based on credit criteria; If You are granted access to International Roaming, You will be charged at the rate levied by the overseas carrier plus a MySaver charge; All incoming Calls while roaming, including without limitation Voice, Messaging and Data Calls also incur these International Roaming charges; To activate International Roaming and for information on Call Rates please contact MySaver customer care on at least 3 days prior to departure. A security deposit may be required. International Roaming charges are GST-free. International Roaming is expensive, and You should only request access to International Roaming if You have the financial capacity to pay for the services You use, and You diligently monitor Your inbound and outbound Voice, Messaging and Data Call activity to avoid high charges. 10