Term & Conditions - Astron Mobile Service

Mobile contract between Astron and Astron customers

 

In this Schedule, "us" means Astron and "you" means the Astron Customer.

1.        Provision of Services

1.1   Services: We will provide you with digital mobile telecommunication services and such other services as we may agree to provide to you from time to time ("Services") on the terms of this Agreement.

1.2                     Provision of Services: We will provide the Services using our facilities and services or those of other carriers, telecommunications service providers or equipment suppliers ("Supplier"). We will provide the Services on a digital mobile telecommunications network (the "Network") for the use of the mobile telecommunications apparatus described in the Application (if any) (the "Equipment") and one or more Subscriber Identity Module cards ("SIMcard") encoded with information used to access the Services.

1.3         Variations: Without notice to you we may change a Supplier or its products, or vary our charges from time to time. We may otherwise vary these terms on 30 days written notice to you

2.        SIMCards

2.1                     SIMcards remain the property of the Supplier. We may specify certain procedures for activation of your SIMcard to protect against unauthorised use of a SIMcard. You must take all reasonable care to keep the SIMcard safe and in good condition. You must immediately return the SIMcard to us on demand or if we suspend or terminate the Services. If you fail to return the SIMcard to us within 30 days of our demand, you must pay our standard SIMcard replacement fee.

2.2                     You must notify us immediately if any SIMcard is lost, stolen or destroyed (whether installed or not).

2.3                     You will be liable for all charges in relation to any SIMcard supplied to you which has been lost or stolen (whether installed in Equipment or not) until we have been notified of the loss or theft.

2.4         You must obtain our express authorisation (which may be conditional on lodgement of a security deposit) to use the SIMcard in countries other than Australia ("Roam"). If you are authorised to Roam, you will be charged a roaming fee for incoming calls at a rate set by the operator in that country and a forwarding charge for all incoming calls forwarded to the overseas carrier.

3.        Mobile Number Porting to Us

3.1                     Changing your current arrangements: If in providing the Services to you, we need to change your arrangements with your current Supplier, then we will do so in accordance with this clause.

3.2                     Porting your Mobile Number to us:

a.            By signing the Mobile Number Portability Authorisation Form ("Port Authorisation") you:

i.             authorise us to sign on your behalf and in your name forms of authority to your current Supplier to transfer your mobile service number ("MSN") into our name;

ii.            authorise your current Supplier of telecommunications services to transfer to us your MSN;

iii.           authorise us to disclose information in the Port Authorisation to other Suppliers in the event of dispute over porting to us; and

iv.          Will remain responsible for all amounts owing to your current Supplier of telecommunications services for any services they supply to you.

b.                         If you have signed a Port Authorisation to port a MSN to us from your previous Supplier, we will use all reasonable efforts to port your MSN on or before the requested cut over date but have no liability to you for any delays in porting. The requested cut over date should not be more than 30 days
from the date of making the request to port your MSN.

c.            You are responsible for any charges imposed by your current Supplier in relation to unsuccessful or rejected port requests due to insufficient or incorrect information on the Port Authorisation form, concurrent competing porting requests in relation to your MSN or if you terminate the services with your current Supplier before we transfer your MSN on your nominated port cut over date.

3.3                     Credits: If your current Supplier credits us with any amount concerning services provided before the date of transfer, we will credit that amount to your account.

3.4                     Charges Relating to Mobile Number Porting: If another Supplier raises a proper charge with us relating to a service it provided to you before your MSN was ported to us, we will advise you accordingly and you must pay the other Supplier that amount. If you dispute the amount claimed, you must notify us in writing. You may also be liable to pay to us or your previous Supplier charges relating to disputes or investigations by either of us arising out of transfer of the Services from another Supplier to us. We reserve the right to charge a port in fee for porting your MSN to us from another Supplier.

3.5         Indemnity: We will not accept any liability for any amounts owing by you to another Supplier for services which the other Supplier provided to you prior to the commencement of Services. You must indemnify us against any claims made on us by your previous Supplier in relation to any such amounts.

4.        Porting of Mobile Number to Another Supplier

4.1          Port-Out:   If you port your MSN to another Supplier, then:

4.2                       You remain responsible to us for amounts payable prior to the port out, and you will immediately pay us that amount on receipt of our invoice; and

4.3          You may be liable to pay to us a port-out fee on porting of your MSN to another Supplier.

4.4                       If after the transfer you elect to use any of our Services by the use of an override code, you agree to pay us for any charges incurred for those Services.

4.5                       Termination of Services: The provision of Services ceases and this Agreement terminates when we port your MSN to another Supplier. If you port to another
Supplier before the end of the agreed minimum contract term, you will be liable to pay to us the termination charges set out in clause 10.3 in addition to any port-out fee
which may be payable.

4.6                       Billing:   We will endeavour to bill you for amounts in respect of the Services incurred until termination and any charges arising out of termination within the next normal
billing period but we reserve our right to issue you with subsequent invoices in relation to unbilled fees and charges.

4.7          Dispute:   If we become aware of other proper charges (including fees payable to any other Supplier) for those Services up to the date of porting, or we resolve any dispute so that any liability of ours relating to those Services is quantified, then you will immediately pay us all such amounts on receipt of our invoice.

4.8          Credits:   We will credit you with any amount credited to us by another Supplier for those Services provided up to the date of porting.

5.        Personal Information

5.1          We may collect personal information about you ("your personal information").

5.2          You acknowledge and agree that:

a.            We may collect your personal information from you or (subject to the requirements of Part IIIA of the Privacy Act) from a credit provider or credit reporting agency. If we do not collect your personal information we may not be able to provide the Services to you.

b.            We may use your personal information:

i.             To assess any application by you for credit or commercial credit to be provided by us;

ii.            To collect payments that are overdue in respect of any credit or commercial credit provided by us;

iii.           To provide the Services to you (including the investigation or resolution of disputes relating to any Services provided to you) and to provide credit or commercial credit to you in respect of the Services;

iv.          To provide information to you about other goods or services which we or any of our Related Bodies Corporate, or our Supplier or any of its Related Bodies Corporate, or any of our partners and associates or the partners and associates of our Supplier (such as telecommunication entities, providers of products or services which are related to the Services, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom we or our Supplier have engaged in a joint initiative) may offer to you; and

v.           As otherwise authorised or required by law.

c.            At any time, we may disclose your personal information to a credit reporting agency:

i.             To obtain a consumer credit or a commercial credit report about you;

ii.            To allow the credit reporting agency to create or maintain a credit information file containing information about you. The information we disclose to a credit reporting agency will be limited to identity particulars about you, the fact that you have applied for credit and the amount, the fact that we are a current credit provider to you, loan repayments that are more than 60 days overdue and for which debt collection action has started, information that in our opinion you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations), and cheques drawn by you for $100 or more which have been dishonoured more than once.

d.            We may also disclose your personal information to:

i.             Other credit providers named in a consumer credit report we obtain from a credit reporting agency about you for the purposes of:

ii.            Assessing any application by you for credit or commercial credit or your credit worthiness;

iii.           Notifying other credit providers of a default by you; and

iv.          Exchanging information with other credit providers as to the status of any credit or commercial credit provided by us where you are in default with those other credit providers;

v.           Other Suppliers for the purpose of enabling us to provide the Services to you (including the investigation and resolution of disputes or complaints concerning the provision of the Services);

vi.          Our Related Bodies Corporate, our Supplier or its Related Bodies Corporate, our partners and associates or the partners and associates of our Supplier (such as telecommunication entities, providers of products or services which are related to the Services, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom we or our Supplier have engaged in a joint initiative), so that they can provide information to you about goods and services they offer;

vii.         Government agencies or individuals appointed by a government (including the Telecommunications Industry Ombudsman and Australian Communications Authority) responsible for the investigation and resolution of disputes or complaints concerning your use of the Services for the purpose of enabling investigation and resolution of those disputes or complaints;

viii.        Other entities who provide services to us related to the provision of the Services to you (including SMS, a mail house and resellers (or contractors engaged by resellers) to enable them to provide those services to us or administer payment arrangements in connection with those services.

5.3                     If required by law, we will provide you with access to your personal information that we have in our possession upon request.

5.4         If you change your address or other billing contact details, you must notify us within 14 days.

5.5         Calling number display: Calling number display will be automatically activated on commencement of the Services. If you do not want your number displayed, it is your
responsibility to deactivate this functionality.

5.6         New Services: In relation to the use of Services which incorporate new technologies including WAP, SMS text and other value added services offered by us for use on
mobile telephones from time to time, you are wholly responsible for the security and use of your mobile telephone and indemnify us against all claims which may arise through your use of these services.

6.        Your Compliance

6.1                     Compliance: You will ensure that you comply at all times with all laws and obligations, including licence conditions, applicable to the Services and their use.

6.2         You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense we suffer as a result of you doing so.

7.        Suspension of Services

7.1         We may from time to time and without notice or liability to you suspend any of the Services (and at our discretion disconnect the relevant SIMcards from the Network) in any of the following circumstances:

a.                         During any technical failure, modification or maintenance of the Network (but in that event we will procure resumption of the Services as soon as reasonably practicable);

b.                         If you fail to comply with any of these terms and conditions (including failure to pay charges due) until the breach (if capable of remedy) is
remedied,

c.                         If you do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardising the operation of those Services; or

d.                         If the amount outstanding under this Agreement at any time (whether or not its payment has fallen due) exceeds any credit limit set by us.

7.2         Notwithstanding any suspension of the Services under this clause you shall remain liable for all charges due hereunder throughout the period of suspension (including without limitation all monthly access fees, and regardless of whether or not any SIMcard has been disconnected from the Network) unless we in our sole discretion determine otherwise.

8.        Termination

8.1                     Termination: Either of us may terminate the Agreement by giving 30 days written notice to the other.

8.2                     Immediate Termination: We may terminate this Agreement immediately by notice to you if:

a.                         You have breached this Agreement;

b.                         A provisional liquidator, liquidator or receiver or receiver and manager or any other administrator of your business or assets is appointed or if you enter
into any composition with your creditors; or

c.                         You change your address or billing contact details without notifying us in accordance with clause 5.4.

8.3         Term contracts: If we have agreed to provide a Service to you for a particular term ("Term") and you terminate before the end of the Term, then you will be liable to pay
to us:

a.            The whole contract amount quoted to you at the commencement of the Term in respect of the provision of the Services throughout the Term;

b.            An early termination fee; and

c.            Any outstanding charges, constitute a debt owing to us at the time of early termination of this Agreement.

8.4                     You remain liable for all charges payable under the Agreement in respect of Services up to the time of termination.

8.5         If the Customer is an individual, in the event of the Customer's death, we reserve the right to terminate this Agreement without notice as soon as we become aware of the
Customer's death. All outstanding charges under this Agreement must be paid by the Customer's estate.

9.        Limitation of Liability

9.1                     Performance:   Because the performance of some Services may be affected by your levels of use, the levels of use of other users and of facilities related to providing the Services, we do not warrant that Services will be free of blockages, delays, network congestion, interference or faults of this kind and we will not be responsible for any loss or damage which may result. You acknowledge that you are responsible for inquiring whether mobile coverage is available in areas in which you will ordinarily require the Service.

9.2         Warranties: Except as provided in clause 9.1 and as required by law, and subject to clause 9.3, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the Services are excluded, and we will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services.

9.3         Limitation of Liability: Our liability for any breach of any term, condition, warranty or under any remedy implied by law (which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied.

9.4         No Liability: We have no liability to you or to any other person for:

a.            Acts or defaults of other Suppliers;

b.            Faults or defects in Services which are caused to any material extent by your own conduct or misuse; or

c.            Faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to Services
which we have arranged under this Agreement) which are due to incompatibility with the Services.

9.5          We have no liability to you or any other person for:

a.            Porting of your MSN in accordance with a porting request received by us; or

b.            Any delays in implementing a request to port your MSN; or

c.            A failure to implement a request to port your MSN.

10.     Confidentiality

10.1                 We or the Supplier retain all intellectual property rights in any information relating to the Services, the design or operation of the Network and other technical information
relating to the provision of the Services ("Confidential Information").

10.2       You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.

10.3                 On the termination of this Agreement for any reason, you will return all Confidential Information to us. If you have destroyed these, or any of them, then you will give us a written declaration accordingly.

10.4       You will keep confidential the manner in which we arrange Services under this Agreement, including our charges and discounts, and other financial information.

10.5       You will not use information which you acquire from us for any purpose unauthorized in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

11.     Force Majeure

11.1       We are not liable for:

a.            Any delay in installing any Service;

b.            Any delay in correcting any fault in any Service;

c.            Failure or incorrect operation of any Service; or

d.            Any other delay or default in performance under this Agreement, if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by any other Supplier.

12.     Assignment

12.1                 You will not assign, charge or otherwise deal with your rights under this Agreement except with our prior written consent.

12.2       We may, on 30 days' written notice, assign all our rights and obligations under this Agreement.

13.     General

13.1                 Information: We may give to and receive from other Suppliers information about your account, including particulars of calls and call charges.

13.2                 Governing law: This Agreement is governed by the laws of New South Wales.

13.3                 Entire Agreement: This Agreement contains the whole understanding between us to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.

13.4                 No reliance: You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.

13.5                 Release: You accordingly release us and each of our officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.

13.6                 Waiver: The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.