Terms and Conditions

  1. The Contract
    1. If we accept an application from you to provide services a contract will be formed at that time and will consist of:
      1. Your application; and
      2. These Standard Terms and Conditions (collectively the ‘Contract’)
    2. If there is inconsistency between any part of the Contract, the inconsistency will be resolved according to the following order of priority:
      1. these Standard Terms and Conditions; and then
      2. your application.
  2. Your Application
    1. You warrant that information you provide to us is true and correct in all material respects and you acknowledge that we will rely on it. You agree that if you give us incorrect information during an application which is then relied upon and used by a third party carrier for the provision or attempted provision of a service, you will be liable for additional fees to be advised at the time.
    2. An application for Service may be refused by us in the following circumstances
      1. Where there is a technical limitation to our ability to provide you the service, including where there are network capacity constraints;
      2. Where you have not completed an application process correctly or have been unwilling to provide us with a document or information we require;
      3. Where you do not meet our credit assessment criteria.
    3. By applying for a service, you authorise us to communicate with credit reporting and referencing parties about your credit history and in so doing to provide them with the details that you have provided to us from time to time
    4. We may apply restrictions to a service where you have If you do not met our credit assessment criteria we may apply restrictions to any service however you will be given details of such restrictions before being bound to the Contract.
    5. We may pay commission to a dealer or agent acting on our behalf who is involved in your application process.
  3. Term of Contract
    1. A Contract commences in accordance with clause 1.1.
    2. Other than Fixed Period Contracts, the Contract will continue until it is terminated by either party on 30 days notice or otherwise in accordance with the Contract.
    3. For Contracts with a fixed period, the Contract will continue:
      1. for the minimum period set out in the Contract; or
      2. until it is terminated in accordance with the Contract.
    4. If you or we do not cancel the Contract at the end of the fixed period it will continue on a month to month basis.
  4. Changes to the Contract
    1. We may change the Contract as follows:
      1. you agree to the change;
      2. the change will not adversely impact you;
      3. Where the change is in relation to charges for making international telephone calls or roaming and, before the changes take effect, we have given you notice of the change;
      4. Where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the changes take effect, we have given you notice of the change;
      5. Where the change is to introduce or to vary a charge associated with a content or premium service where we rely on a third party for the service and the third party increases its price to us and, before the changes take effect, we have given you reasonable notice of the change;
      6. If the Contract is for a fixed period and the change is adverse to you, and we provide to you not less than 21 days notice of the change.
    2. We may withdraw any plans/packages at any time by giving you notice but such withdrawals will only take effect from the end of your then Contract.
    3. Notice of a change to the Contract may be given by us:
      1. by email to your nominated account email address,
      2. with or as part of a bill, or
      3. otherwise in writing, including by fax or mail.
    4. Changes will be made available on our website and you should check our website regularly.
    5. If we change the Contract under clause 3.1, you may cancel the Contract within 42 days of the date of the notice without incurring charges, other than usage or network access charges to the date the Contract ends and outstanding amounts for installation or for Equipment with other suppliers’ services.
    6. You will be deemed to have accepted the change to the Contract if you continue to use the service and do not terminate the Contract if permitted and when required.
  5. Contract Period
    1. The Contract Period, which is the contract period specified in your Application, commences when the service is activated
    2. If you cancel the agreement during the contract period you may be liable for an early termination charge as set out in the Application.
    3. Once the Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 30 days notice.
  6. Usage
    1. You acknowledge and agree that charges will be incurred when the service is used and such use is solely your responsibility. We recommend that you take steps to ensure that usage does not occur without your knowledge or authorisation including use that might occur on and from all of your devices such as computers, handsets, mobile phones, and wireless devices connected to your service. We recommend you ensure that you have appropriate protection systems operating on your Equipment to restrict or limit the possibility of unauthorised usage including having anti-viral and strong password protection.
    2. As we do not control access or usage of your handsets and other Equipment, you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorised by you, unless the usage was caused by a mistake by us.
    3. You are not permitted to authorise a third party to use your service without direct supervision and/or written authorisation by us.
    4. We cannot be held responsible or liable for any loss suffered by you because of faults and/or failures within a third party carrier’s network infrastructure.
    5. While we will use our best endeavours in providing the service, you use it at your own risk. Even if you lose some Equipment or permit another person to use your service, you are solely responsible for its use including:
      1. the calls made and messages sent;
      2. the sites and content accessed;
      3. the content or software downloaded and the effect it may have on your Equipment or service;
      4. the products and services purchased;
      5. the information provided to others;
      6. the installation or use of any Equipment or software whether provided by us or not;
      7. the modification of any settings or data on your service or related services or Equipment whether instructed by us or not;
      8. the personal supervision of any users under the age of 18 who use the service; and
      9. the lawfulness of your activities when using the service and accessing any sites and third party content.
    6. The service is provided to you on the basis that it is used only for approved purposes. In particular you must
      1. not use the service involving illegal, malicious, deceptive or misleading activities or any nature;
      2. not breach any standards, regulations, requirements or codes set out by any relevant authority or industry body;
      3. obey all laws and not use the service in any way which interferes with the operations of the Service Network, anyone else’s enjoyment of their service or which upsets or offends any person;
      4. not in any way distribute or resell the service without our written permission;
      5. provide us with all information and cooperation that we may need in relation to the service;
      6. not use the service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service and
      7. advise us of changes in your personal information such as account details, debit or credit card details, email and other contact details.
    7. We may suspend or terminate, with or without notice, your service if in our reasonable opinion the service has been directly or indirectly involved in activities that are illegal under any law or regulation or detrimental to our interests or jeopardise the use of our service for other customers or how we may be perceived in the wider community. Such activities include, but are not limited to:
      1. Spamming in any manner or at any level including email bombing and the use of bulk email programs to unsolicited recipients;
      2. being listed or causing the listing of us or our other customers on any real-time blacklist;
      3. defaming, harassing, threatening or offensive behaviour towards us or any person;
      4. attempting to obtain unauthorised access to other Internet servers and systems; and
      5. making misrepresentations or abusive or offensive behaviour in any online facilities.
    8. Without any obligation or promise to monitor use of the service, we may temporarily restrict or suspend your service if we identify excessive use or unusual activity. If we do so we will endeavour to contact you (which is why keeping your contact details up to date is important). You should not rely on us to contact you or to suspend your service in the event of excessive or unusual activity.
  7. Phone Numbers

      This section applies if you acquire a telephone or other service number.

    1. We will issue you a phone number only if you do not already have a phone number for your use with the service.
    2. All phone numbers are selected, issued and used by us in accordance with ACMA’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (numbering regulations).
    3. We may be required to recover or recover and replace a phone number we have issued to you in order for us to comply with the numbering regulations and if so required we will provide you with as much notice as possible.
    4. If you request a new phone number at any time and we agree to issue a new number, which is at our sole discretion, you may have to pay a fee.
    5. If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first two occasions.
    6. You acknowledge you do not own the phone number.
    7. Your right to use the phone number ends if you no longer obtain the service unless you port the phone number.
    8. You may transfer your service number to another carrier or service provider. If you do so you acknowledge and understand that:
      1. additional charges may apply;
      2. you remain liable for any outstanding Fees and Charges including any cancellation fees;
      3. the transfer may result in disconnection of any related services such as Voicemail, paging and data services, silent numbers, priority assistance or other Enhanced Services;
      4. it is your responsibility to ensure that any Equipment or software used by you in connection with your service works with your new carrier or service provider; and
      5. if after the transfer of your service from us, you continue to use our service (for example through the use of an override code), you agree to pay us for any Fees and Charges incurred for those services.
    9. Where you transfer to us:
      1. you appoint us as your attorney to sign on your behalf and in your name forms of authority to your Current Supplier to transfer your service number(s) to us and you authorise your Current Supplier to transfer to us all services relating to the service numbers transferred to us;
      2. if your Current Supplier charges or credits us with any amount concerning services provided before the date of transfer, we will credit or charge that amount to your account accordingly and as soon as practicable; and
      3. you indemnify us against any claims made by your Current Supplier to us in relation to any amounts owing by you to them.
    10. In accordance with regulations we may issue the phone number to another customer if you stop obtaining the service and do not port the phone number.
    11. We are not liable to you for any expense or loss incurred by you due to any recovery or replacement of a phone number or you ceasing to have the right to use the phone number as a result of any matter in this clause.
  8. IP Addresses
    1. You agree that the IP Address(es) issued to you for use in connection with a service are only issued to you for use during the Contract Period. Your right to us the IP Address(es) ends upon termination of the service.
    2. We are responsible for all DNS delegation and routing in connection with the service.
  9. Invoicing and Payment
    1. We are not obligated to provide an invoice and charges for the service remains payable notwithstanding no invoice has been issued.
    2. We will send to you by mail or email notification a tax invoice at the end of each Billing Period unless the Application provides otherwise. Payment of all outstanding amounts must be made by the Due Date as shown on your tax invoice.
    3. We are unable to guarantee that all usage records during a Billing Period will appear on the corresponding invoice, especially for charges such as international roaming.
    4. Payments of invoices must be by either credit card or debit card as set out in the Application. You are responsible if any service fees and charges apply for the elected payment method. Payments made will be applied against outstanding tax invoices at our discretion.
    5. If you have chosen to use our direct debit facilities, and we have not received your payment by the Due Date we will debit your nominated account on or about the Due Date and until all amounts due are paid.
    6. If you require us to send to you a printed copy of an invoice, this may be subject to an administration fee that will be determined depending on your request.
    7. We accept Visa and Mastercard.
    8. You are responsible for ensuring there are sufficient funds/credit available in your nominated credit card or direct debit account at any time we debit the account. You are responsible for dishonour fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card or direct debit account unless the failure was our fault.
    9. You are required to provide us with a current credit card at all times including before a card expires. You must also advise us if your nominated direct debit account is transferred or closed, or the account details have changed.
    10. Where you provide a new credit card number we will immediately debit the credit card for any outstanding amount owing or if there is nothing owing then an amount of $1 with such amount credited to your account. We do this debit to confirm with your financial institution that the card number and CVC are correct as we do not retain the CVC.
    11. 9You indemnify us against all loss, damage and costs we suffer in the event of failure to pay any invoice including the legal costs.
  10. Direct Debit
    1. As part of your Application you may have provided us with direct debit details and information for payment of invoices in which event you will be deemed to have signed and provided a Direct Debit Request and that we can provide a copy of this to your financial institution.
    2. If you are not authorised to operate this bank account by yourself then those person(s) whose authority is required must complete and sign and return any form required by us.
    3. We will:
      1. provide you with a statement of the amounts we draw under your Direct Debit Request every month;
      2. provide you at least 21 days notice in writing, if we propose to:
        1. change our procedures;
        2. change the terms of your Direct Debit Request; or
        3. cancel your Direct Debit Request.
      3. If there is any dispute regarding a direct debit we will investigate the dispute and if it is found that the amount has been debited in error we will refund the disputed amount within 5 business days; and
      4. not disclose any personal information provided to us under the Direct Debit Request, which is not generally available, unless: you dispute any amount we draw under your Direct Debit Request and we need to disclose any information relating to your Direct Debit Request or to any amount we draw under it to the Financial Institution at which your account is held or the Financial Institution which sponsors our use of the Direct Debit System or both of them; you consent to that disclosure; or we are required to disclose that information by law.
    4. As part of the Direct Debit Request you:
      1. authorise us to draw money from your account in accordance with the terms of your Direct Debit Request and this Contract;
      2. acknowledge that if the day on which you are due to make payment to us is not a business day we will draw on the next business day following the normal payment date;
      3. may ask us to:
        1. alter the terms of your Direct Debit Request;
        2. defer a payment to be made under your Direct Debit Request;
        3. stop a drawing under your Direct Debit Request. In such instances an alternative method of payment must be arranged 3 days prior to the Due Date and payment received by the Due Date; or
        4. may, subject to the requirement of this Contract including payment of fees, cancel your services including your Direct Debit Request by sending a written request;
      4. will advise us of any disputed amount drawn under your Direct Debit Request as soon as practically possible and include details of the payments and reasons for the dispute. We will endeavour to resolve any dispute within 21 days. We may require you to direct your dispute with your own Financial Institution; and
      5. must ensure there are sufficient clear funds available in your account by the Due Date.
  11. Privacy
    1. As part of the Contract process and in providing services to you, you may provide private information about yourself to us.
    2. We use our best endeavours to comply with a privacy policy which is available on our website or by contacting us. This policy governs the information we collect on you, how we use it and your rights to access it. You consent to us collecting and disclosing your personal information including any unlisted telephone number and address from or to:
      1. any credit providers or credit reporting agencies to use the information for all purposes permitted by the Privacy Act (1988) including to obtain a credit report about you or your business, maintaining a credit information file about you, or notifying a default of the Contract by you;
      2. any law enforcement agencies to use the information to assist them in the prevention or prosecution of criminal activities;
      3. for ongoing management of your account;
      4. any of our related entities, suppliers, agents or professional advisers for reporting, accounting, product supply and service, marketing and audit purposes;
      5. any of our related entities, suppliers, agents or professional advisers for reporting, accounting, product supply and service, marketing and audit purposes;
      6. any upstream supplier to us to use the information for any purposes connected with the service or your use of the service; and
      7. any person who provides us with your username(s) or password(s).
    3. From time to time we will update you on our services, news, promotions and offers including those from related or affiliated organisations. You consent to us contacting you at any time (including after the Contract ends for any reason), for this purpose through any available contact method including mail, SMS, email or telephone. You can withdraw your consent at any time by contacting us.
    4. You acknowledge and agree that we are required by law to collect certain Personal Information about you, including your name, address and telephone service number to provide it to the operator of the Independent Public Numbering Database (IPND). Information in the IPND is used to develop directories and to assist emergency service organisations.
  12. Assignment
    1. You may only transfer your rights and obligations under this Contract to other person(s) with our prior written consent.
    2. Where we consider there will be no detriment to you, we can without your permission and without notice:
      1. transfer our rights and obligations under this Contract;
      2. temporarily or permanently delegate our obligations under this Contract; or
      3. novate this Contract by ending this Contract and entering into a new Contract between you and our nominee, on terms similar to this Contract.
    3. If we do any of the above the transfer or delegation or novation will take effect when the relevant document is signed. You irrevocably appoint us as your attorney to sign any necessary documents to enable the transfer, delegation or novation to take effect.
  13. Suspension/Disconnection of the service
    1. We may limited services and or suspend and or disconnect your service without notice to you where you have breached any term of this Contract, including without limitation the usage requirements in clause 6 and all payment obligations.
    2. We may also limit services, suspend or disconnect your service without notice to you where:
      1. any authority, such as the ACMA, instructs us to do so;
      2. you vacate the premises in which you are provided the service without notifying us beforehand;
      3. there are technical problems with the Service Network or the Service Network requires repairs or maintenance;
      4. we believe it is necessary to comply with our legal or contractual obligations;
      5. you verbally abuse, attempt, threaten or cause harm to any staff, Equipment or network infrastructure of ours or any of the Service Networks.
    3. In the following additional circumstances we may suspend or disconnect your service(s) or reroute calls from your service(s) but we will provide you with reasonable notice prior to doing so:
      1. you have a Mobile Service and you inform us that you have lost your SIM card;
      2. you have a Mobile Service which does not toll in any three month period;
      3. you do anything which we believe may damage the Service Network;
      4. you have used the service, in our opinion, other than in accordance with the Contract;
      5. you do not comply with the terms of this Contract.
    4. Where one or more services included in a bundled offer(s) are disconnected, entitlement to any discounts under such offers may be forfeited.
    5. While your service is suspended or disconnected due to your acts or omissions we will continue to charge you any applicable Fees and Charges.
    6. Where we disconnect your service you remain liable for any outstanding Fees and Charges, including the remaining access fees on your plan plus a plan cancellation fee if applicable.
    7. We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.
  14. Force Majeure
    1. We will not be liable for:
      1. any delay in installing any service.
      2. any delay in correcting any fault in any service.
      3. failure or incorrect operation of any service, or
      4. any other delay or default in performance under this Contract

      5. if it is caused by any event or circumstance reasonably beyond our control, including but not limited to; war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague, pandemic or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other supplier.
  15. Liability
    1. You may have certain rights and remedies under the Competition and Consumer Act 2010 (Cth) and other laws, which may imply certain conditions and warranties into this Contract. Nothing in this Contract excludes or restricts or modifies those rights, remedies or implied conditions and warranties.
    2. Where we are liable for any loss or damage in connection with the Competition and Consumer Act 2010 (Cth) our liability is limited to resupplying, repairing or replacing the relevant service or Equipment where the service or Equipment is not of a kind ordinarily required for personal, domestic or household use or consumption and where it is fair and reasonable to do so.
    3. You must let us know as soon as you become aware or believe that there may be a breach of the Competition and Consumer Act 2010 (Cth) by us.
    4. We are not liable for any defamatory, offensive or illegal conduct or material found in connection with our services, including such conduct or material transmitted by any other person.
    5. You indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with your use of the service or the Equipment in a manner contrary to the terms of this Contract.
    6. Where you are two or more persons your liability is joint and several.
    7. The Customer Service Guarantee (CSG) issued by the ACMA, which established minimum connection and fault repair times for your landline is specifically waived by you.
  16. Governing law
    1. This Contract is governed by the laws of the state Queensland, Australia. You and we agree to submit to the jurisdiction of the courts of Queensland.
  17. Definitions
    1. Terms used within this Contract have the following meaning unless the context suggests otherwise:
      1. ACMA means the Australian Communications and Media Authority.
      2. Application means one or more of our applications for services completed by you.
      3. Billing Period means the period in which you are billed by us for service, which will be monthly unless we agree otherwise.
      4. Carrier means a telecommunications carrier licensed under the Telecommunications Act 1997.
      5. Contract means the Contract for the provision of the services between us comprising the items outlined in clause 1.
      6. Contract Period means the contract period specified in your Application
      7. Current Supplier means a carrier or telecommunications service provider who supplied telecommunications to you at the time of signing the Contract.
      8. Direct Debit Request means the request you are deemed to have provided in accordance with clause 11.
      9. Due Date means the lesser of 14 days after the invoice date or date shown on your tax invoice when payment is due to us.
      10. Enhanced Services means the services we provide that are designated by us as Enhanced Services.
      11. Equipment means the item(s) required or otherwise used in conjunction with your service such as mobile phones, fixed lines phones, personal computers, software and modems purchased from us or otherwise.
      12. Fees and Charges means fees and charges payable by you under your plan and under this Contract including any amounts of applicable GST.
      13. Fixed Period Contracts are entered into where you commit to a minimum period for which you will acquire the service but do not include month to month contracts.
      14. GST means the tax imposed by the GST Act and any regulations or such other Act and regulations of equivalent effect.
      15. GST Act means A New Tax System (Goods and Service Tax) Act 1999.
      16. GST supply means a supply as defined in and which is subject to liability for GST under the GST Act.
      17. Internet Service means connection to the global network of computers known as the internet using software protocols supported by us, plus any other services offered by us.
      18. Mobile Network means the Mobile Network over which we supply the service.
      19. Mobile Service means the connection to the Mobile Network plus any other services offered by us including Enhanced Services.
      20. Package means a grouping of services and plans, which are sold together.
      21. Personal Information has the same meaning as defined within the Privacy Act 2000.
      22. Plan means your plan for each of the service(s), the terms and conditions of which may include a minimum term, monthly fees and call charges as amended from time to time.
      23. Premium Services means content or information services, charged at a flat or timed rate, such as picture, ringtone and game downloads, and SMS messages to weather services, as well as psychic, voting and competition lines. Premium Service phone numbers usually begin with 190 or an international prefix, whilst SMS numbers usually begin with 18 or 19.
      24. Service means any and all of the digital mobile phone services, fixed line services and internet services that we provide to you including any Enhanced Services and also includes our customer support services.
      25. Service Network means the carrier of the telecommunications services sold to you by us and includes the Mobile Network.
      26. SIM card means the subscriber identity module card, which the network owns, but is provided to you to be placed into your mobile phone to enable you to access your Mobile Service.
      27. Third Party Content means products and information provided by third parties to you, which you can access through your service.
      28. Transfer means to port, move or swap your service number from one carrier or service provider to another as defined by the Telecommunications Numbering Plan 1997.
      29. Usage Record means the record of a call or data transfer provided to us by the Service Network.
      30. User means someone who uses a service, which may or may not be the account holder.
      31. Username means the username created by you when you registered for a particular service.