1300 02 EASYCUSTOMER STANDARD FORM OF AGREEMENT
1. PROVISION OF SERVICES
(a) We will provide the Services that are described in the Plan and which you have nominated in the Application Form.
(b) The terms and conditions that govern the Services and what Fees and Charges will be payable by you in connection with the supply of the Services are in:
(i) this Customer Standard Form of Agreement;
(ii) the Application Form; and
(iii) any variation to the Customer Standard Form of Agreement that we may give to you.
(c) The terms and conditions of the Application Form prevail over the terms and conditions of the Customer Standard Form of Agreement to the extent of any inconsistency.
(d) The Services commence when your mobile phone under the Plan is connected to the Service Network.
2. CHARGES
2.1 Our Plans
(a) Our Plans have periodic fees, Usage charges and may have a minimum term. For 'Phone' plans, this minimum term is 12 months.
(b) You must pay us all Fees and Charges that relate to us providing the Service as specified in your Plan.
(c) Unless indicated otherwise, our Fees and Charges include any applicable GST.
(d) We may change our Fees and Charges from time to time by giving you at least 21 days notice. Our Fees and Charges may include costs passed to us from third party suppliers.
(e) Your Plan may be varied, extended or renewed as agreed between you and us from time to time. We will give you at least 21 days notice if we intend to vary your Plan.
(f) Any variation to your Plan requested by you will only be effective from the date of your next Billing Period.
(g) If you do not terminate the Service at the end of your minimum Plan term, your Service will continue on a monthly basis until you notify us otherwise. You must give us at least [10] days notice if you wish to terminate the Service at the end of your minimum Plan term.
(h) If Easy Mobiles chooses not to continue to provide the Service to you at the end of the minimum term of your Plan, or if we wish to change these Terms and Conditions, including our Fees and Charges, we will notify you at least 21 days before the termination date.
(i) If your Service is disconnected or transferred from us you must pay us all outstanding amounts under this Customer Standard Form of Agreement and we will refund to you any amount of unexpended prepayment of Fees and Charges.
(j) If we incur costs in processing certain matters for you including Service Usage, changes to your Plan and Transfers or where third parties charge us in relation to the Service, we will charge these costs to you.
(k) Where we take debt recovery action against you, we will charge you our recovery costs. These include all costs arising out of your default including, but not limited to, bank, legal (on a full indemnity basis), accounting and agent fees and any other cost or interest incurred by us.
For a complete list of our Easy3G pricing, click here
2.2 Account management
(a) We may set Credit Limits for you. If you exceed this Credit Limit, we may restrict or suspend our Services.
(b) We can ask you to pay us a security bond or advance payment based upon our Credit Assessment Policies. We can use the security bond or advance payment to pay any of your outstanding Fees and Charges at any time.
(c) If you have made an advance payment it will be credited towards our subsequent tax invoice(s) for Services until the advance payment is used in full.
2.3 Account holders and users
Usernames or passwords connected with our Services to you may be issued or selected by you. You or any users of our Services who are authorised by you must not reveal or disclose those usernames or passwords to any other parties. We take no responsibility if you do so.
3. SERVICES
3.1 Use of the Service is your responsibility
You use the Service at your own risk. If you permit or authorise another person to use your Service, you are solely responsible for its use including:
(a) the calls made and messages sent;
(b) the web sites and content accessed;
(c) the content or software downloaded and the effect it may have on your equipment or Service;
(d) the products and services purchased;
(e) the information provided to others;
(f) the installation or use of any equipment or software;
(g) the modification of any settings or data on your Service or related services or equipment; and
(h) the lawfulness of your activities when using the Service and accessing any web sites and third party content.
3.2 Uncontrolled events
(a) We will take all reasonable steps to make sure you receive the Service within the Service Network coverage area.
(b) We are not liable for:
i) any delay in providing our Service;
ii) any fault or interruption in our Service such as network congestion, network downtime and maintenance, obstructions or interference such as that encountered in buildings;
iii) any delay in correcting any fault or interruptions in our Service;
iv) failure or incorrect operation of our Service
v) events or circumstances reasonably beyond our control, or
vi) any delay or default by you under this Customer Standard Form of Agreement.
3.3 Equipment
You must:
(a) not use equipment that is unsuitable or not properly configured or maintained to access the Services. Standards for suitable equipment are available by contacting us and from our website; and
(b) use equipment that provides access to the Services in accordance with relevant legislation, guidelines and user guides.
3.4 Monitoring use of your Service
We may
(a) restrict or suspend your Service if we identify excessive use or unusual activity;
(b) require an advance payment before your Service is restored;
(c) at any time suspend or disconnect your access to all or part of the Service if we have reasonable cause to do so;
(d) investigate any misuse of the Service by you, in conjunction with relevant law enforcement agencies.
3.5 You must use the Service for approved purposes
You must:
(a) not use the Service in any manner involving illegal, malicious, deceptive or misleading activity;
(b) not breach any standards, content requirements or codes set out by any relevant authority or industry body;
(c) 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;
(d) not use the Service in return for any fare, fee or consideration, directly or indirectly in connection with any business intended for profit, or in any way distribute or resell the Service without our written permission; and
(e) obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the Service.
3.6 You can disconnect the Service
You can request disconnection of your Service at any time prior to the expiration of your minimum Plan term by giving us notice in writing or by calling us. Your Service will be disconnected at the end of the Billing period. Any monthly Plan charges such as access fees, which have been charged in advance, will be recalculated and any applicable adjustment will appear on your next tax invoice. Depending on your Plan, disconnection fees and/or a cancellation fee may apply.
3.7 We may suspend or disconnect the Service
(a) We can disconnect you from the Service Network at any time after giving at least 21 days notice of our intention to do so.
(b) We may suspend or disconnect your Service at any time without liability and without any notice to you if:
(i) you exceed the amount of your Air Limit or Credit Limit;
(ii) there has been, in our opinion, unusual activity on your Service;
(iii) you have not paid our invoices;
(iv) you do something which we believe may damage the Service Network;
(v) we are instructed to do so by an enforcement agency;
(vi) we believe that you have used your Service to commit unauthorised, criminal or unlawful activity;
(vii) there are technical problems with the Service Network or the Service Network requires repairs or maintenance;
(viii) we believe it is necessary to comply with our legal obligations;
(ix) we are entitled to do so under the specific terms and conditions of your Plan;
(x) you attempt, threaten or cause harm to any of our staff, equipment or network infrastructure or that of the Service Network; and/or
(xi) you have used the Service other than in accordance with these Terms.
(c) Whilst your Service is suspended or disconnected we will continue to charge you any applicable Fees and Charges. We will only do so where the suspension or disconnection is due to your failure to comply with your obligations under these Terms, or is performed at your request.
(d) Where we disconnect your Service under Clause 3.6(b) prior to the expiration of the minimum term of your Plan you will be liable for any outstanding Fees and Charges, including the remaining access fees on your Plan plus a cancellation fee if applicable.
(e) We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension of your Service.
3.8 You do not own the Service number
In accordance with the numbering policy of the Australia Communications and Media Authority (ACMA), you will own your phone Service number and will have no continuing rights to any special phone numbers that we provide. We may, subject to our obligations at Law and under the ACMA Numbering Plan, allocate your phone Service number to another customer.
3.9 You may transfer your Service number
(a) You may Transfer your Service number to another Carrier or service provider. If you do so, you acknowledge and understand that:
(i) charges may apply as a consequence of a Transfer from us to another Carrier or service provider;
(ii) any outstanding Fees and Charges are your responsibility;
(iii) 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; and
(iv) if after the Transfer of your Service from us, you continue to use our Service, you agree to pay us for any Fees and Charges incurred for those Services.
(b) If you Transfer from us prior to the end of the minimum term of your Plan you must pay for any outstanding Fees and Charges including Plan payout and Plan cancellation fees.
(c) Where you Transfer to us:
(i) you authorise us to sign on your behalf and in your name any 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 number(s) transferred to us;
(ii) 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; and
(iii) you indemnify us against any claims made by your Current Supplier to us in relation to any amounts owing by you to them.
3.10 Terms specific to third party content
(a) Your Service allows you to access a range of third party content. Unless stated otherwise by us, content purchased or viewed via our Service is not provided or endorsed by us, and is purchased or viewed at your own risk.
(b) We may impose a limit on the value of third party content purchased through our Service.
(c) We accept no liability for any loss or damage as a result of a delay in receiving third party content or third party content not being secure.
(d) Third party content purchased through our Service may only be used by you for personal and non-commercial purposes and not otherwise copied, published, republished, redistributed, re-communicated or commercially exploited in any form or by any method whatsoever.
(e) We will not be liable for any loss or damage suffered or incurred, directly or indirectly as a result of reliance upon any information received from any third party content.
(f) Your access to content may be subject to you having access to other services that support the delivery of content.
3.11 Terms specific to Services
(a) We will provide you with a SIM card. The SIM card is and remains the property of Easy Mobiles at all times.
(b) You must keep the SIM card safe and in good condition, notify us immediately if it is lost or damaged, and return it to us if we request it.
(c) If the SIM card is lost or damaged, we will deactivate that SIM card as soon as practicable and issue you with another SIM card within three working days of your notification. Replacement of your SIM card will incur a SIM card replacement fee as set out in our Fees and Charges, unless the loss or damage was a result of a fault or negligence of Easy Mobiles, its employees, agents or contractors.
(d) You must activate your SIM card and related Services at the point of sale or within 10 days of receipt of the SIM card. If activation has not occurred within 10 days, we will assume you no longer wish to proceed with your call Plan and we will deactivate the SIM card. You agree to reimburse us for any outstanding Fees or Charges and all other costs reasonably incurred by us.
(e) We will allocate to you a mobile phone number. If you have requested a particular mobile phone Service number for our Service, you must pay us a number request fee as listed in our Fees and Charges.
(f) We are required by law to supply your name, address, mobile number and other details to the Integrated Public Number Database, even if your number is unlisted or permanently barred. For further information on this, please contact Easy Mobiles or ACMA.
4. YOUR PRIVACY
(a) We maintain a comprehensive privacy policy which is available on our website or by contacting us. You consent to us to collect and disclose your personal information to:
(i) any credit providers or credit reporting agencies;
(ii) any law enforcement agencies;
(iii) conduct ongoing credit management of your account;
(iv) any of our shareholders, related entities, suppliers, agents or professional advisers for reporting, accounting, product supply and Service, marketing and audit purposes;
(v) the Service Network or any company within the Service Network group to use the information for any purposes connected with the Service or your use of the Service; and
(vi) any person who provides us with your username(s) or password(s).
(b) You consent to us contacting you at any time to update you on our Services, news, promotions and offers including those from related or affiliated organisations. You can withdraw your consent at any time by contacting us.
5. PAYMENTS
5.1 Billing and Payment
(a) We will send to you by email notification a tax invoice at the end of every Billing Period. You must pay all outstanding amounts by the due date as shown on your invoice.
(b) If you choose to receive your tax invoice in hard copy, you agree to pay us additional costs according to our schedule of Fees and Charges.
(c) If you have more than one of our Services we may combine all of your charges on one tax invoice to assist you with your account management. You may make payments to us through our available payment methods. Service Fees and Charges may apply for some payment methods. Please refer to our schedule of Fees and Charges. If you pay us by Direct Debit from your bank account, credit or charge card, you agree to be bound by the terms set out in our Direct Debit Request Service Agreement.
(d) If you choose to pay by a method other than Direct Debit, an additional account keeping fee will be charged to your account on a monthly basis. Please refer to our Fees and Charges for further information.
(e) You must pay each invoice in full by the due date shown on it; otherwise we may charge you a late fee, suspend or cancel the service in accordance with the Agreement, and/or institute debt recovery proceedings.
6. COMPLAINTS ABOUT OUR SERVICES
(a) We will always try to resolve any complaint about our Service, Fee and Charges directly with you in the first instance. Contact us on 1300 02 EASY or via our website at www.easymobiles.com.au.
(b) You can also refer your complaint to the Telecommunications Industry Ombudsman (TIO), a free and independent telecommunications dispute resolution Service for small business and residential consumers in Australia.
Telecommunications Industry Ombudsman
Website www.tio.com.au
Phone: 1800 062 058
Fax: 1800 630 614
Email: tio@tio.com.au
Address: PO Box 276
Collins Street West,
MELBOURNE VIC 8007
(c) You can also take your complaint to the government office that deals with fair trading or consumer protection in your State of Territory, or in the case of a privacy complaint, to the office of the Federal Privacy Commissioner.
7. GENERAL TERMS
7.1 Liabilities
(a) To the extent permitted by law, we exclude terms, conditions, warranties, undertakings, inducements and representations, express or implied, relating to the supply of the Service and equipment. We are not liable to you or any third party for any direct or consequential loss or damage however suffered or incurred (whether in negligence or otherwise) in relation to the Service or the equipment.
(b) If we are liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Trade Practices Act 1974 (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.
(c) You must let us know as soon as you become aware or believe that you have a claim against us.
(d) 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 means by any other person.
(e) 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 used in connection to the Service in a manner contrary to the terms of this Customer Standard Form of Agreement.
(f) Where you are two or more persons your liability will be joint and several.
7.2 Governing Law
This Customer Standard Form of Agreement is governed by the laws of the State of Queensland.
7.3 Variations of Terms
(a) We may vary, revoke, alter or replace any of these provisions of this Customer Standard Form of Agreement at any time by giving you at least 21 days notice in writing to your address that is recorded on the Application Form or last known by us.
(b) Where we do so, we will update any relevant document on our website. We recommend that you check our website regularly to ensure that you are aware of any changes.
(c) You may terminate the Service within 42 days of us giving notice to you under Clause 7.3(a) above without incurring any fees or charges other than all outstanding Fees and Charges incurred up to the date on which this Customer Standard Form of Agreement ends.
(d) Your ongoing use of the Services after the expiry of the 42 days referred to in Clause 7.3(c) above constitutes your acceptance of the variation, alteration, replacement or revocation.
8. DEFINED TERMS
"ACMA" means the Australian Communications and media Authority established under the Australian Communications and Media Authority Act 2005 (Cth) (see www.acma.gov.au or email to service.guarantee@acma.gov.au ).
"Air Limit" means a usage threshold we may impose on use of your Services.
Available Service Area means locations in which the Service network is capable of providing Service. Information on coverage areas is available by contacting us or visiting our website.
"Billing Period" means the monthly period in which you are billed by us for Service.
"Business Hours" means Monday to Friday
"Business Days" means 9 am to 5 pm Monday to Friday excluding Public Holidays in the State of Queensland.
"Carrier" means a Telecommunications carrier licensed under the Telecommunications Act 1991 (Cth) as a general carrier.
"Credit Limit" means a limit we may place on your use of a Service or on amounts you owe us at a point in time.
"Current Supplier" means a carrier or telecommunications Service provider who supplies telecommunications services to you at the term of this Customer Standard Form of Agreement.
"Customer Standard Form of Agreement" means this document and any replacement or variation of this document that as been notified to you in the manner described in clause 7.3.
"Direct Debit Facility means the debit account or credit/charge account nominated by you for the debiting of your fees and charges.
"Fees and Charges" means the fees and charges for the Services (including periodic fees and Usage charges) as specified in Schedule 2 Fees and Charges.
"GST" means goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 (Cth)
"Plan" means the particular Services which are described in the EasyMobiles Easy Plans specified in Schedule 1 and which you have nominated in the Application Form.
"Service" or Services means any and all of the digital mobile phone services that we provide to you under your Plan and including connection to the Service Network.
"Service" Network means the telecommunications network or networks of a carrier or carriers of telecommunications Services including the Mobile Network of Telstra Corporation.
"SIM card" means the subscriber identity module card.
"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 and such variations thereof as may from time to time be published by the ACMA.
"Usage" means the record of a call or data transfer provided to us by the Service network.
we, our or us means Easy Mobiles Pty Ltd ABN 49 128 683 956, PO Box 678, Toowong BC 4066
