Savvy Communications (Aust.) Pty Limited
ABN 77 078 579 923
TELECOMMUNICATIONS SERVICES AGREEMENT
ABN 77 078 579 923
TELECOMMUNICATIONS SERVICES AGREEMENT
SAVVYTEL IS A CARRIAGE SERVICE PROVIDER OF TELECOMMUNICATIONS PRODUCTS IN THE AUSTRALIAN MARKET.
THE TELECOMMUNICATIONS INDUSTRY HAS MANY REGULATIONS AND BEING A SERVICE PROVIDER WE HAVE CERTAIN RESPONSIBILITIES TO OUR CUSTOMERS. OUR SERVICE AGREEMENT IS DETAILED BELOW.
TERMS AND CONDITIONS
SAVVYTEL PTY LIMITED (WILL PROVIDE YOU WITH THE SERVICES IN ACCORDANCE WITH THESE GENERAL TERMS AND CONDITIONS AND THE SERVICE DESCRIPTION
SAVVYTEL - SERVICES AGREEMENT
DEFINITIONS 3
DEFINITIONS 3
DEFINITIONS
SECTION 1 - GENERAL INFORMATION
Overview
Getting Started
Interpretation
Savvytel Contact Services
Customer Care Services
Network Coverage and Service Provision
Mobile Phone Number
SIMs
MSN Porting to Savvytel
MSN Porting From Savvytel
Obligations and Responsibilities of Customers
Personal Information and Identification
Assignment
Representations & Warranties
Title of Goods
Limitation Of Liability
Indemnity
Prohibition & Enforceability
Waiver
GPRS Terms and Conditions
Handset Blocking
Grace Period
Complaint Resolution
Service Suspension, Limitation or Termination by Savvytel
Termination by Customer
Obligations On Termination of the Service
Governing Law And Jurisdiction
Standard Form of Agreement
SECTION 2 - THE SERVICE and CHARGES
SECTION 3 - PRE-PAID SERVICES
SECTION 4 - POST PAID SERVICES
DEFINITIONSS
ACMA means the Australian Communications and Media Authority.
ACIFC570 means the Australian Communications Industry Forum Mobile Number Portability code. June 2001 (MNP code)
Act (or the Act) means the Telecommunications Act 1997.
Agreement means this Agreement.
Post-Paid Plan means a designated monthly account plan offered by Savvytel which provide differing values of Service.
Carriage Service Provider has the same meaning as defined in Section87 of the Act.
Claim means any claim, action, proceeding, judgment, damage, loss, expense or liability, including legal costs, whether direct or indirect, however calculated.
CLI means Calling Line Identification.
Confidential Information means all confidential information about the Service, Savvytel, its Related Bodies Corporate, the Network, or a Customer, which is or has been disclosed under or in connection with this Agreement; or learnt or acquired in the performance of this Agreement, other than any such information which:
was in the public domain at the time of its provision, otherwise than through a disclosure in breach of this agreement; or
lawfully came into the possession of the other party otherwise than as a result of a disclosure in breach of this agreement.
Connection and Connected means the activation of the Service.
Consequential Loss includes: indirect loss and special damages; loss of revenue; loss of profits; loss of business; loss of anticipated savings; loss of goodwill; loss of data; claims of third parties; and loss or costs associated with any of the above.
Credit Limit means the maximum value provided to a Customer under a Post-Paid Plan account.
Customer means the person identified or nominated as and is contracted to meet all costs relating to the use of the Service.
Disconnection or disconnected means the disconnection of a Connection to the Service.
Duplicate IMEI Handset has the meaning given in clause 21(d).
GPRS means General Packet Radio Service.
GPRS Compatible Handset means a phone specified by Savvytel to be compatible with GPRS.
Grace Period means the number of days between when a pre-paid account balance falls to zero and before the mobile number is placed in Quarantine (a period of six months).
GSM means Global System for Mobile handsets.
GST has the meaning given to that term on the A New Tax System (Goods and Services Tax) act 1999.
Handset means a physical (mobile) phone into which a SIM is inserted to gain access to the Service.
Handset Blocking means a block placed on the IMEI of a GSM Handset.
IMEI means International Mobile Equipment Identity.
Insolvency Event means the happening of any of the following events in relation to a party if:
a natural person, becomes bankrupt;
a company or registered business: it resolves to wind itself up or otherwise dissolve itself, or gives notice of intention to so resolve, becomes unable to pay its debts when they are due or becomes unable to pay its debts within the meaning of the Corporations Law, or is presumed to be insolvent under the Corporations Law, an external administrator or official manager, a receiver or receiver manger, a provisional liquidator or liquidator, or similar officer is appointed in respect of it.
Network means the Vodafone Mobile Digital Network or such other network as is accessed from time to time.
Non-excludable Rights means rights and remedies conferred on a party by the Trade Practices Act 1974 and similar legislation which cannot be excluded, restricted or modified.
Partnership includes all partners of the partnership, jointly and severally who are partners at any given time.
Port or Porting means the transfer of an MSN between suppliers of mobile telecommunication services.
Pre-Paid means payment being made in advance for use of the Service.
Re-connected means the re-activation of a Connection which has been disconnected.
Related Body Corporate has the meaning given to the term in the Corporations Law.
Roam or Roaming means where a Customer uses the Service by connection onto another mobile communications carrierÂ’s network either within or outside Australia.
Service means the mobile digital service provided by Savvytel on the Network and as described in Section 2 of this Agreement.
Service Provider means Savvytel Pty Limited.
SIM means the Subscriber Identity Module, to be used with a GSM Handset to enable use of the Service. The SIM remains the property of Savvytel.
SMSmeans Short Message Service.
Value Added Services are those services as detailed in Section 2 of this Agreement.
WAP means Wireless Application Protocol which provides access from compatible handsets to some interactive information, email and other services.
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