AUSTAR Mobile - Terms and Conditions

Terms and Conditions.

Customer Agreement

AUSTAR Mobile Fair Go Policy

'yes' Time™

Optus Zoo

SMS (Short Message Service)

MMS (Multimedia Messaging Service)

Summary of the Standard Form of Agreement

This is a summary of the Standard Form of Agreement (SFOA) for the supply of mobile services by AUSTAR Entertainment Pty Ltd ABN 93 068 104 530, as agent for Austar United Mobility Pty Ltd ACN 093 217 522 (AUSTAR). As a customer, you are obliged to comply with the SFOA unless you have negotiated an individual contract with us. This document is only a summary and doesn't cover everything or override anything in the SFOA.

Services

AUSTAR provides GSM mobile services under the SFOA (Services). In providing you with the Services, AUSTAR will be resupplying services provided by another carrier.

The GSM mobile 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.

Charges

The SFOA sets out all charges for the Services. Charges may include connection charges, access charges, periodic access charges, usage based charges (such as connection charge for each call and timed or untimed charges for each call), charges for content provided with the Service, termination charges, number reservation charges, reconnection charges, disconnection charges and other charges. Charges may vary depending on the time and day on which you make a call, your geographical location, the destination of the call, the type of call and the volume of calls made during a period. AUSTAR may set a limit on the amount of charges that you can incur under the SFOA.

Billing

We will make available to you 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; and
handset repayment fees (if applicable) in arrears.

You must pay all charges by the due date on the statement. If you do not, you may be charged interest on the overdue amount and/or a late fee and/or AUSTAR may terminate the Service.

Any unused monthly usage allowances expire at the end of each month.

Viewing your statement online

Your monthly AUSTAR statement will be available online and you can view this at any time. In fact your last 3 AUSTAR statements will be available.

To access your online statements:

Go to austar.com.au and click on "Manage My Account"
Log in using your AUSTAR Account Number, Surname, Postcode & Phone Number
Once logged in click on "Payments" to view and pay your statement.

Alternatively, you can call 132 432 and say "account balance" to get an automated update of your account balance.

Receiving a statement by mail

If you pay your AUSTAR statement by any means other than by Direct Debit, you will receive a monthly statement by mail. However, if you want to help AUSTAR reduce the environmental impact and not receive a monthly statement, you can do so by calling us on 132 592.

If you pay your AUSTAR statement by Direct Debit, you will not receive a monthly statement by mail unless requested by you. We hope you will join us in helping reduce the environmental impact of unnecessary mail and paper wastage by viewing your statement online.

Security deposit

AUSTAR may require you to pay a Security Deposit which can be applied by AUSTAR against any outstanding amounts or to meet any cost, loss or liability it incurs as a result of your breach of the SFOA. The net amount will be refunded when the Service is disconnected.

Termination

You may terminate the SFOA at any time, however, if Services are terminated before the expiration of the term, you may be liable to pay an early termination fee or the remaining monthly access fees. AUSTAR may terminate the SFOA before the expiration of the term in a number of circumstances such as:

where you ask AUSTAR to terminate;
you become bankrupt or insolvent;
you breach a term or condition of the SFOA;
the agreement with the carriers providing the Service to AUSTAR terminates for any reason; or
on 30 days notice at AUSTAR's discretion.

Suspension of Services

In some circumstances, AUSTAR may suspend your Services without notice to you. You may continue to be liable for access charges if your Services are suspended. If you wish to have your Services reinstated, you may have to pay a reconnection fee.

Variation

AUSTAR may amend the SFOA, including charges, at any time. AUSTAR will give you 14 days prior notice of any changes that are detrimental to you.

Personal Information

You must provide AUSTAR with accurate personal information such as a valid credit card number and your legal name, address and telephone number. You must also notify AUSTAR of any change in this information within 30 days of the change. All personal information held by AUSTAR and its related entities may only be used or disclosed:

	(a)	to enable AUSTAR to perform its obligations under the SFOA;
	(b)	to enable AUSTAR to ensure that you perform your obligations under the SFOA;
	(c)	to be disclosed to a credit reporting agency;
	(d)	to maintain a credit information file about you;
	(e)	to carry out our own credit assessment on you;
	(f)	to the carrier so that the carrier may continue to supply the Services to you if AUSTAR is unable to supply you with the Services under the SFOA;
	(g)	for planning, research, promotion and marketing of AUSTAR's products and services;
	(h)	by related bodies corporate;
	(i)	to a potential purchase of, or investor or in, any business conducted by AUSTAR or its related bodies corporate.
	(j)	to Law enforcement agencies to assist in the prevention of criminal activities.

You may request in writing that AUSTAR does not use your personal information for direct marketing or promotion purposes and you are entitled to access personal information AUSTAR holds about you and to amend that information if it is incorrect. To make these requests or for more information email privacy@austar.com.au

Warranties and liability

AUSTAR does not guarantee that that the Services will be continuous or error free, or that it will be able to supply the Services in all areas or at all times or handsets or SIM cards.

AUSTAR limits its liability to you under the SFOA. Subject to the Trade Practices Act and other applicable laws, AUSTAR is not liable for any loss or damage you suffer arising out of AUSTAR's supply, or failure to supply, the Services. AUSTAR's liability which cannot be excluded will be limited to the cost of re-supplying the Services.

Indemnity

You indemnify AUSTAR against (ie you can be made to pay for) any direct or indirect loss or damage arising from your breach of the SFOA; suffered or caused by third parties arising from your use of the Services; and any claim made by third parties arising from illegal or unauthorised use of the Services.

You must not use the Service for illegal purposes, or use or publish any trademark, trade name, logo or services mark of AUSTAR or its related bodies corporate.

SIM Card and handsets

You obtain ownership of the handset when all payments have been made under the Call Plan .

You are responsible for any loss or damage to the handset, SIM card or other equipment supplied. Replacement of the handset will be at your cost and replacement of the SIM card will incur a replacement fee.

You are responsible for the use of the Service and must notify AUSTAR immediately if the handset, SIM card or other equipment is lost, stolen or destroyed. Until you notify AUSTAR you will be solely responsible for the consequences of all use by other people.

Roaming / International Direct Dial(IDD)

If you wish to use the Services in another country (Roaming) or to make calls to another country (IDD Service), you must obtain AUSTAR�s authorisation and your charges will increase by the amount charged by the carrier to AUSTAR for the Roaming/IDD Service. AUSTAR may require you to undergo a credit assessment and/or make an up front payment. For the duration that IDD/Roaming Services are activated, AUSTAR requires payment of your account by credit card direct debit or bank account direct debit. When you return and request the cancellation of this service, the direct debit will be removed after the next direct debit payment has been taken. Customers who travel overseas and either send an SMS, access data (WAP or Wireless Internet) or send or receive an MMS, will be charged for usage by the Roaming Carrier on top of AUSTAR Mobile charges.

Complaints

AUSTAR's aim is to resolve all your problems and complaints quickly and effectively. If you have any concerns, please call 132 592. If you are not satisfied with the initial outcome of your complaint, it will be passed to a supervisor or manager who will then review your concern and how it was handled.

The Telecommunications Industry Ombudsman (TIO) can also resolve disputes, though it will only take up a complaint if the customer has first tried to resolve it with the relevant company. It is an independent body and is provided as a free service.

The Office of Fair Trading (OFT) (or similar) in your State or Territory may also investigate consumer complaints.