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Terms and Conditions.
Customer Agreement
AUSTAR Mobile Fair Go Policy
'yes' Time™
Optus Zoo
SMS (Short Message Service)
MMS (Multimedia Messaging Service)
Mobile Customer Agreement
- Agreements
If your application has been approved according to our assessment process we will provide you with your selected service and any applicable Equipment under an agreement consisting of:
- this Customer Agreement (this document);
- the terms set out in an application form you sign or otherwise accept (for example via verbal or electronic indication of agreement); and
- any other specific terms and/or conditions that you receive from us.
This agreement is between you and Austar Entertainment Pty Limited ACN 068 104 530 as agent for Austar United Mobility Pty Ltd CAN 093 217 522 . It sets out what we must do during the period of this agreement and also what you must do.
This Agreement is posted on the AUSTAR website at www.austarmobile.com.au.
- Services
- Austar Entertainment Pty Limited ACN 068 104 530, as agent for Austar United Mobility Pty Ltd ACN 093 217 522 (AUSTAR) will provide you with mobile telecommunications services (the Services).
- In providing you with the Services, AUSTAR may be reselling services supplied to AUSTAR by another carrier.
- You understand that availability, delivery methods and fees and charges for the Services may vary depending on geographical location.
- The GSM mobile service (GSM Service) consists of supplying you with either a SIM card only or a handset and SIM card package and access to the GSM network of AUSTAR's carrier.
- You acknowledge that the Services are not suitable for, and are not supplied for the purpose of; supporting any application which needs continuous, fault free service. You are responsible for making your own assessment in relation to whether you need a continuous and fault free Service and obtaining advice about suitable alternative services.
- Services are not available in all areas of Australia. You should contact us on 132 592 for more details about service coverage availability or visit our coverage maps online at http://www.austarmobile.com.au/tools_coverage01.asp
- We cannot and do not accept responsibility for interruption to the Services due to third party supplier networks or weather.
- AUSTAR warrants that it will provide the Services with reasonable care and skill and substantially as described in this Agreement. AUSTAR does not make any other promises or warranties about the Services
- Equipment and Software
- AUSTAR may also supply you with equipment and software (Equipment and Software respectively) in order to receive the Services.
- AUSTAR will use best endeavours to provide the Equipment to you as soon as possible. You acknowledge that there may be delays with some Equipment.
- You agree that AUSTAR may alter or substitute Equipment at any time due to technical or operational requirements.
- If you are supplied with Equipment you must comply with this Agreement and the manufacturer's terms and conditions for use, which will be supplied to you with the Equipment.
- If you are supplied with Software you must comply with this Agreement and use the Software in accordance with the terms and conditions of the licence attached to the Software, which will be supplied to you with the Software.
- You agree not to resupply the Services, Equipment or Software to any other person or entity.
- You agree that you will not copy, distribute or sub-licence the Software. You may make one copy of the Software for personal back-up or archival purposes only.
- You must not use the Services, Equipment or Software for illegal purposes. You must notify AUSTAR of any illegal or unauthorised use of the Service.
- AUSTAR warrants that it will provide the Equipment and Software with reasonable skill and care and substantially as described in this Agreement. AUSTAR does not make any other promises or warranties about the Equipment or Software
- Sim Card and GSM Handsets
- You do not obtain any title to, or property in, the SIM Card. AUSTAR may request that you return your SIM card at any time. You obtain title to, or property in, the handset upon payment of all payments under the Handset Repayment Plan.
- You must keep your SIM Card safe & in good condition. Any loss of, or damage to your SIM card is your risk. You must, if required, pay AUSTAR the SIM card replacement fee for any lost or damaged SIM card.
- Any loss of or damage to your handset is your risk. If you need to replace your handset, it will be at your cost.
- Until you notify AUSTAR that the Equipment (including SIM cards and handsets) has been damaged, lost or stolen, you will be responsible for the use of the Equipment and Services by other people.
- You must notify AUSTAR immediately if the Equipment is lost, stolen or destroyed.
- Fees and charges
- Fees and charges are set out under Call Plan.
- We will provide you with a monthly statement setting out all fees and charges incurred by you including;
- periodic fees (including connection, access and service fees) invoiced in advance; and
- usage charges as set out in the mobile application form invoiced in arrears.
- handset repayment fees (if applicable) in arrears.
- You acknowledge that some calls may be billed late where AUSTAR is dependent on other carriers for billing information.
- Call tariffs for special services (Premium rate services etc) and international calls vary according to the type and duration of call.
- You must provide AUSTAR with accurate and complete billing information, your legal name, address and telephone number. If this information changes, you must notify AUSTAR within 30 days of the change.
- Where you have requested that AUSTAR deduct amounts, owed by you, under this Agreement directly from your credit card, you authorise AUSTAR to complete and sign on your behalf all documents necessary to facilitate payment through your credit card, you agree to allow AUSTAR to debit amounts owed by you directly to your credit card, without notice to you, you will remain liable for all fees and charges owed by you until those amounts have been paid to AUSTAR in full.
- If you have a dispute about the amount that has been debited to your credit card, please call the customer service line on 132 592.
- You must pay all fees, charges and taxes (including any goods and services tax) by the due date. If you think we have made a mistake, you must notify us immediately. Once any mistake has been remedied, we will send you another statement and you must pay the amended amount by the due date. We may suspend this Agreement if you fail to pay by the due date and we have reasonable belief that you may not pay the amounts that you owe. We may charge you a reconnection fee to activate these Services.
- AUSTAR has a duty of care to monitor high mobile usage daily. If your mobile usage exceeds the recommend amount you will be contacted by AUSTAR and advised of an amount payable to prevent suspension. If no payment is made before the agreed date, suspension of your mobile service will occur. To see a list of High Unbilled Usage limits, visit the Limit section in this Agreement.
- Roaming & International Direct Dialling (IDD/1900 Numbers)
- You must obtain our authorisation, which may be conditional on a credit assessment and/or upfront payment, to use the Services outside Australia (Roaming) and to make calls to places outside Australia (IDD/1900 Numbers).
- If we authorises you to use the Roaming Service or the IDD/1900 Number Service, your charges will increase by the amount charged by the carrier to us for that Service. Optus Roaming charges can be found HERE.
- For the duration that IDD/Roaming Services are activated, payment of your account must be by Credit Card Direct Debit or Bank Account Direct Debit.
- The Roaming Service and IDD/1900 Number Service are not available in all countries or all areas of countries. The Roaming Service may not allow all features or be available on all mobile handsets. We cannot guarantee coverage or availability of the Roaming or IDD/1900 Number Service.
- Intellectual property
You must not use or publish, without AUSTAR's prior written consent, any trademark, trade name, logo or service mark of AUSTAR or its related bodies corporate. Use of intellectual property rights related to the Service does not include or cause the transfer of ownership of those rights.
- Limit
- We may, based on credit assessment, set a limit on the amount of fees and charges that may be incurred by you under this Agreement (Limit), and may suspend the Services if you exceed your Limit.
- To ensure the availability of our service to all eligible customers, we may request excessive users of the Optus ‘yes’ Time™ promotion to reduce their use of these calls. Refer to the AUSTAR Fair Go Policy for more details.
- The AUSTAR Fair Go policy applies to the AUSTAR Short Message Service (SMS) and AUSTAR Multimedia Message Service (MMS) for AUSTAR Mobile customers. To ensure the availability of the services to all eligible customers, we may request excessive users of SMS and MMS to reduce their use (outgoing or incoming) of these services. Refer to the AUSTAR Fair Go Policy for more details.
High Unbilled Usage Amounts:
| Plan |
Call customer due to high unbilled usage |
Suspension limit |
| 15 |
$100 |
$200 |
| 20 |
$100 |
$200 |
| 30 |
$100 |
$200 |
| 40 |
$200 |
$300 |
| 55 |
$200 |
$300 |
| 75 |
$200 |
$300 |
| 85 |
$300 |
$300 |
| 125 |
$400 |
$500 |
- Suspension of Services
- We may suspend the Services (including disconnecting your SIM card or handset from the network) at any time with notice to you if:
- We become aware that you have used, or allow someone else to use, your Services in a way that would jeopardise the operation of the Services;
- The carrier providing the Services to us suspends or terminates its supply for any reason ;
- A regulatory authority instructs us to suspend your service;
- We believe that the Service is being used to commit unauthorised, criminal or unlawful activities;
- We are required by law to do so;
- You fail to pay your account by the due date.
- Your account exceeds the High Unbilled Usage amount for your plan and you fail to make the required payment by the agreed date.
- If we suspend your Services, you will continue to be liable for access charges as set out in the mobile application form and you may be required to pay a reconnection fee if you wish to have the Services reinstated. You have 180 days from suspension to reconnect so as not to loose your mobile service number.
- We may suspend the Services (including disconnecting your SIM card from the network) at any time without notice to you if there is a technical failure in the network, the network requires urgent modification or maintenance or if required by the carrier. We will use reasonable endeavours to ensure that the Services are reinstated as soon as practicable after a failure is rectified or modification or maintenance is complete.
- We will suspend your Service on request once you or an authorised representative informs us that you have lost or damaged your SIM card and or Equipment. You will be responsible for all call charges incurred up to the suspension of the Service.
- Where we suspend, limit or terminate the Service, we will use reasonable endeavours to provide notice to you.
- Termination
- This Agreement commences once you have ordered the Service.
- The Fixed Term will commence when we commence providing you the Service.
- Termination of Fixed Term Agreement: We will not terminate this Agreement during a fixed term unless;
- You breach this Agreement;
- We are unable to continue to provide the Services to you due to legal, regulatory or technical reasons, and;
- Specifically permitted elsewhere in this Agreement.
- You may terminate a Fixed Term Agreement prior to its expiry by providing us with 30 days written notice and paying,
- A $100 Account Establishment Fee pro-rated for the unexpired period of your fixed term agreement, plus;
- The Handset Repayment Fee pro-rated, or
- Where the handset is $0 upfront, the pro-rated amount of the cost of the handset.
- Termination of a Month-to-Month Agreement: You or we may terminate this Agreement once the fixed term has expired or if you signed up to a BYO account, by giving 30 days written notice to the other. No termination or disconnection fee will apply.
- For full details on Termination charges, see the Call Plan section below.
- GST
- GST means goods and services tax or similar value added tax levied or imposed in Australia pursuant to the GST law or otherwise on a supply. Tax Invoice includes any document or record treated by the Commissioner of Taxation as a tax invoice or as a document entitling a recipient to an input tax credit. Words which have a defined meaning in the GST law have the same meanings as in the GST law unless the context otherwise indicates.
- The consideration for any supply under or in connection with this Agreement includes GST. If either party is entitled under this Agreement to be reimbursed or indemnified by the other party for a cost or expense incurred in connection with this Agreement, the reimbursement or indemnity payment must not include any GST component of the cost or expense for which an input tax credit may be claimed by the party entitled to be reimbursed or indemnified, or by its representative member.
- The Australian Tax Office (ATO) requires AUSTAR to pay the GST applicable to the Handset Repayment Plan at the point of supply rather than as we bill the GST on the handset repayments each month. Therefore AUSTAR will pay the ATO the full GST amount then bill you the customer 1/24 th of the total amount each month. If you terminate before the end of the 24-month contract, AUSTAR will bill you the remaining GST amount
- Call Plan
- Connection to AUSTAR and participation in AUSTAR promotions is subject to our credit assessment.
- Customers connecting to an AUSTAR GSM, Star Saver, Star Value, Star Partner, Star Performer, Start Over or Allstar GSM plans must agree to a 24 month Fixed Term agreement and 12 month Fixed Term for Allstar.
- The Minimum Cost of Package for customers committing to 24 month Fixed Term is set out in the table below, plus any handset & accessory costs. The "Minimum Cost of Package" means the minimum cost the AUSTAR Mobile customer must pay over the contract term. This is calculated by the following formula:
Contract Term x Monthly Access Fees = Total Minimum Cost of Package
| Plan Name |
Total Min Cost |
|
Plan Name |
Total Min Cost |
| Allstar 15 GSM |
$360.00 |
|
Start Over 125 |
$3,000.00 |
| Allstar 20 GSM |
$480.00 |
|
Star Value 15 |
$350.00 |
| Allstar 30 GSM |
$720.00 |
|
Star Value 30 |
$720.00 |
| Allstar 40 GSM |
$960.00 |
|
Star Saver 10 |
$240.00 |
| Allstar 55 GSM |
$1,320.00 |
|
Star Saver 15 |
$360.00 |
| Allstar 75 GSM |
$1,800.00 |
|
Star Saver 25 |
$600.00 |
| Allstar 125 GSM |
$3,000.00 |
|
Star Saver 40 |
$960.00 |
| Start Over 15 |
$360.00 |
|
GSM 15 |
$360.00 |
| Start Over 30 |
$720.00 |
|
GSM 30 |
$720.00 |
| Start Over 55 |
$1,320.00 |
|
GSM 55 |
$1,452.00 |
| Start Over 75 |
$1,800.00 |
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- The Minimum Cost of Package for customers committing to 12 month Fixed Term is set out in the table below, plus any handset & accessory costs. The "Minimum Cost of Package" means the minimum cost the AUSTAR Mobile customer must pay over the contract term. This is calculated by the following formula:
Contract Term x Monthly Access Fees = Total Minimum Cost of Package
| Plan Name |
Total Min Cost |
| Allstar 15 GSM |
$180.00 |
| Allstar 20 GSM |
$240.00 |
| Allstar 30 GSM |
$360.00 |
| Allstar 40 GSM |
$480.00 |
| Allstar 55 GSM |
$660.00 |
| Allstar 75 GSM |
$900.00 |
| Allstar 125 GSM |
$1,500.00 |
- We will charge you an early termination fee (ETF) as stated in the table below and any outstanding access fees at that date, if your AUSTAR Mobile service is disconnected within the 24-month or 12-month Fixed Term. If the cost of paying the remaining monthly access fees is less than the set ETF, you may pay the lower amount.
| Plan Name |
Early Termination Fee |
|
Plan Name |
Early Termination Fee |
| Allstar 15 |
$100* |
|
Start Over 125 |
$850 |
| Allstar 20 |
$100* |
|
Star Value 15 |
$350 |
| Allstar 30 |
$100* |
|
Star Value 30 |
$550 |
| Allstar 40 |
$100* |
|
Star Saver 10 |
$175 |
| Allstar 55 |
$100* |
|
Star Saver 15 |
$275 |
| Allstar 75 |
$100* |
|
Star Saver 25 |
$375 |
| Allstar 125 |
$100* |
|
Star Saver 40 |
$550 |
| Start Over 15 |
$350 |
|
GSM |
$350 |
| Start Over 30 |
$550 |
|
GSM |
$550 |
| Start Over 55 |
$650 |
|
GSM |
$385 |
| Start Over 75 |
$750 |
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- * Allstar GSM Plans (purchased prior to 31 March 2006) incorporate an Allstar Handset Repayment Plan. ETF amounts for the GSM handset repayment plans are set out in the table below. If the cost of paying the remaining monthly handset repayment is less than the set ETF, you have the option to pay the lower amount. Where the handset is $0 up-front, you will be required to pay the pro-rated amount of the relevant HRP below. You can find out which HRP is applicable from our mobile phone pages.
| Allstar Handset Repayment Plan (HRP) |
Total Min Cost |
| HRP1 |
$120 |
| HRP2 |
$204 |
| HRP3 |
$360 |
| HRP4 |
$480 |
| HRP5 |
$600 |
| Allstar Handset Repayment Plan (HRP) |
Total Min Cost |
| HRP1 (Nokia 2125) |
$60 |
| HRP2 (Nokia 6235) |
$102 |
| HRP3 (LG TD6100) |
$180 |
| HRP4 (Nokia 6255) |
$240 |
- Unused included calls and loyalty credits are forfeited each month.
- Connection to AUSTAR Mobile GSM call plans is limited to three connections per household.
- We reserve the right to change our Services and Equipment.
- Plan Changes:
- You may upgrade your Call Plan at no cost twice during the Fixed Term.
- You may only make one plan change per month and can only do so after 1 month from the date of original connection.
- The account must not be overdue when you make any change.
- You may not change your plan to a lower value than the one you started on within the Fixed Term.
- If you change your Allstar access plan, your monthly handset repayment plan discount should change also. In other words the handset repayment plan charge is based on your current Allstar plan not the Allstar plan you commenced with.
- If you are currently in contract on another AUSTAR plan you will need to complete that contract or pay the applicable ETF before switching to an Allstar plan.
- Handset Repayment Plan
- Handset Repayment plans only apply in connection with an Allstar plan.
- Only one active Handset Repayment Plan per mobile service is permitted at any one time.
- If you terminate your contract before the fixed term ends you will be required to pay an early termination fee as laid out in clause 12f for GSM handset repayment plans.
- Variation of terms
If we vary terms and conditions of this Agreement in a manner, which we reasonably consider would cause detriment to you, we will providing 30 days notice to you.
- Personal information
- You agree to comply with any security procedures AUSTAR may require in order to activate, reactivate or deactivate the Services, such as giving your name, address etc to AUSTAR over the telephone to verify your identity.
- Information provided by you in connection with this Agreement including your name, address, telephone contacts, bank account or credit card details, billing details or information to help us assess your credit application (Personal Information) will be used by AUSTAR in accordance with our Privacy Statement.
- You may request, in writing, that AUSTAR not use your Personal Information for direct marketing or promotional purposes.
- Subject to law, you are able to gain access to your Personal Information, held by AUSTAR, on written request to
- General
- You may not assign, sub-contract or otherwise transfer any or all of your rights and/or obligations under this Agreement. AUSTAR may, without detriment to you, assign, sub-contract and otherwise transfer any or all of its rights and obligations under this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of New South Wales. Each party hereby submits to the non-exclusive jurisdiction of the Courts of New South Wales.
- AUSTAR shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent that such default or delay is caused, directly or indirectly by any event beyond the reasonable control of AUSTAR, including the act or omission of any third party.
- If any aspect of this Agreement is found to be invalid, illegal or unenforceable this shall not affect the validity of any other part of this Agreement. In such case this Agreement shall be construed and enforced as if they did not contain the offending provision or part thereof.
- This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement, and supersedes all previous agreements and understandings between the parties with respect to its subject matter.
- We will not be liable under this Agreement for any loss or damage caused by us or our employees or agents in circumstances where;
- There is no breach of a duty of care owed to you by us or by any of our employees or agents;
- Such loss or damage is not a reasonably foreseeable result of any such breach.
- You will be liable for all loss, damage or reasonable costs incurred by AUSTAR as a result of any serious breach of this Agreement or reckless or negligent act by you or anyone authorised to use your accoun
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