HomeSavvy Telecommunications Pre-Paid Mobile Services agreement
Savvytel is a telecommunications carriage service provider, of telecommunications products in the Australian market. Being a carrier in has many regulations,our responsibilities and service agreement are detailed below.
|
PART I, GENERAL TERMS AND CONDITIONS Savvy Telecommunications Pty Ltd (ACN 117 669 093), will provide You with the Services in accordance with: these General Terms and Conditions and the Service Description; the applicable charges shown in the Standard Rate Table as modified from time to time; the on-line Order (the "Order") and the MSN Porting Terms and Conditions (as applicable) (collectively, the "Agreement"). 1 PROVISION OF SERVICES 1.1 SavvyTel will provide You with prepaid digital mobile telecommunication services and such other services as SavvyTel may agree to provide to You from time to time ("Services") on the terms of this Agreement. 1.2 SavvyTel will provide the Services using our facilities and services and/or those of other Suppliers. 1.3 SavvyTel will provide the Services on the Network for use with Your Phone and one or more SIM cards encoded with information used to access the Services. 1.4 To the extent permitted by law, SavvyTel may change a Supplier (including but not limited to the Network) used in the supply of the Services, its products or its charges from time to time without notice to You. SavvyTel may also vary this Agreement by giving You reasonable notice. This Agreement, as amended from time to time, will be available on the Website. 2 SIM CARDS 2.1 SIM cards remain the property of SavvyTel. SavvyTel specifies certain procedures for activation of Your SIM card to protect against unauthorised use. You must return the SIM card within a reasonable time if requested by SavvyTel, if SavvyTel suspend or terminate the Services, or if You are disconnected from the Services. 2.2 You must take all reasonable care to keep the SIM card safe and in good condition. Refunds will only be provided for SIM cards that have technical faults and were not the result of misuse by the consumer. 2.3 You must notify us immediately if any SIM card is lost, stolen or destroyed (whether Connected or not). You will be responsible for the cost of a replacement SIM card, at the rate shown in the Standard Rate Table. 2.4 You will be liable for the charges incurred through the use of the Services supplied in relation to Your SIM card. This includes the charges incurred through the use of the Services where Your SIM card has been lost, damaged or stolen (whether Connected or not) prior to SavvyTel being notified of the loss or theft. 2.5 You must obtain our express authorisation to use the SIM card in countries other than Australia. 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. 2.6 SavvyTel has the right to refuse the provision of subsequent SIM cards to You, once You apply to receive, or currently have registered in Your name or an associates name, two (2) or more SavvyTel SIM cards. 3 PERIOD OF AGREEMENT AND CHARGES FOR SERVICES 3.1 This Agreement starts when You purchase and are provided with a Starter Pack. This Agreement terminates when You are disconnected from the Network. 3.2 Once You are Connected You will be charged for the use of the Services in accordance with the Standard Rate Table. SavvyTel may vary the rate of fees and charges for the Service, including adding extra charges, from time to time, without notice to You. 3.3 When You Connect, Your Account will be activated on the Network with $20 Call Credits and Account Balance. Initial and subsequent Call Credits can be applied to Your Account using the Recharge methods provided by SavvyTel and detailed in clause 22. 3.4 Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, You must pay to SavvyTel in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time as any part of the charges for the Services is payable. 4 MSN PORTING TO SAVVYTEL 4.1 If in providing the Services to You, SavvyTel need to change Your arrangements with Your current Supplier, then SavvyTel will do so in accordance with this clause. 4.2 If You want to transfer Your existing MSN to us, You are required to notify us of your intention to Port when ordering Your Starter Pack or when You Connect. Porting will take place in accordance with the Australian Communications Industry Forum industry code Mobile Number Portability ACIF C570 June 2001 (MNP Code) and in accordance with our MSN Porting Terms and Conditions on the Website. You must agree to our MSN Porting Terms and Conditions before we can Port your MSN to SavvyTel. You acknowledge and agree that: a) If your MSN is Ported, only your MSN switches to SavvyTel. No existing value added services with your current Supplier will be transferred, which may result in the loss of (or the loss of access to) these services from your current Supplier, including voice mail, SMS, paging or facsimile services. However, such services may instead be provided by SavvyTel upon your application and payment of any relevant fees. b) You may have outstanding contractual obligations and costs owed to your current Supplier. You will remain responsible for all amounts owing to Your current Supplier of telecommunications services for any services they supply to You. To the extent that SavvyTel become liable to a third party in relation to any services supplied to You, You will indemnify Us and will keep Us indemnified against any and all such liability as well as any costs, including legal costs, We incur in connection with any such liability. c) You may have an ongoing contract with your current Supplier, which requires the payment of cancellation and/or termination fees (including any early termination fees) to that Supplier if you switch to SavvyTel. d) Your current Supplier may or may not disconnect your existing mobile service and value added services and Porting your MSN may result in finalisation of your account for those services. e) SavvyTel 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. f) 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 provided to SavvyTel; concurrent competing Porting requests in relation to Your MSN; or Your termination of the services with Your current Supplier before SavvyTel transfers Your MSN on Your nominated Port cut over date. g) You are responsible for ensuring that your current handset is GSM compatible. If you are Porting from a CDMA network or any other mobile platform, you may need to purchase a new GSM compatible Phone. h) You are responsible for ensuring that your Phone does not have Network Locking applied by your existing Supplier. If you currently have a Phone, you may need to get any SIM security or Network Locking removed by your current Supplier, have your Phone re-programmed prior to porting or get a new Phone. 4.3 If Your current Supplier credits us with any amount concerning services provided before the date of transfer, SavvyTel will credit that amount to Your Account. 4.4 If another Supplier raises a proper charge with us relating to a service it provided to You before Your MSN was Ported to us, SavvyTel 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. SavvyTel reserves the right to charge a Port in fee for Porting Your MSN to us from another Supplier. 5 MSN PORTING FROM SAVVYTEL 5.1 If You Port Your MSN to another Supplier, then, a) You remain responsible to us for amounts payable prior to the Port-out; b) You may be liable to pay to us a Port-out fee; and c) You forfeit any remaining Call Credits in Your Account. 5.2 When SavvyTel Ports Your MSN to another Supplier, provision of Services cease and this Agreement terminates. 5.3 SavvyTel reserves the right to charge a Port-out fee for Porting Your MSN to another Supplier. 6 PERSONAL INFORMATION 6.1 SavvyTel may collect Personal Information about You. 6.2 You acknowledge and agree that: a) SavvyTel may collect Your Personal Information from You or from a credit provider or credit reporting agency (subject to the requirements of Part IIIA of the Privacy Act). The ACA requires us to collect certain identifying information about You before You can be Connected. If SavvyTel does not collect Your Personal Information SavvyTel may not be able to provide the Services to You. b) SavvyTel may use Your Personal Information: (i) to provide the Services to You (including the investigation or resolution of disputes relating to any Services provided to You); (ii) to provide information to You about other goods or services which SavvyTel or any of our Related Bodies Corporate or any of our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom SavvyTel has engaged in a joint initiative) may offer to You; and (iii) as otherwise authorised or required by law. 6.3 SavvyTel may disclose Your Personal Information to: a) 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); b) Related Bodies Corporate, our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom SavvyTel has engaged in a joint initiative) so that they can provide information to You about goods and services they offer; c) Regulators, government agencies or individuals appointed by a government 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; d) other entities with whom SavvyTel have established or will establish an affinity program to enable You to participate in the affinity program; e) other entities who provide services to Us related to the provision of the Services to You (including SMS, a mail house, resellers (or contractors engaged by resellers)) to enable them to provide those services to Us or administer payment arrangements in connection with those services; and f) as otherwise authorised or required by law. 6.4 If required by law, SavvyTel will provide You with access to Your Personal Information upon request. 6.5 Calling Line Identification 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. 7 YOUR USE OF THE SERVICES 7.1 In using the Services, you must comply with all laws, all directions of a Regulator and reasonable directions of SavvyTel. 7.2 You must not use, or attempt to use, the Services: a) to break any law or to infringe another person's rights; b) to expose SavvyTel to liability; c) in any way which damages, interferes with or Interrupts the Services, or any telecommunications network, equipment, or facilities, or cabling controlled by a Supplier to supply the Services; d) in any way which may damage any property or injure or kill any person; and e) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted, or in breach of copyright or any obligations of confidentiality or otherwise in breach of any law. 7.3 You will indemnify SavvyTel and our Related Bodies Corporate for any loss or expense we suffer as a result of You doing any act in breach of clause 7.1 or 7.2. 7.4 You acknowledge that SavvyTel may be required by law to intercept communications over the Services and may also monitor your usage of the Services. 7.5 SavvyTel may ask you to stop doing something which SavvyTel reasonably believes is contrary to clause 7.2. You must immediately comply with any such request. If you do not, then SavvyTel may take any steps reasonably necessary to ensure compliance with clause 7.2 or the request, including suspending or disconnecting Your Service. 7.6 You acknowledge that SavvyTel gives no warranty in relation to the performance or characteristics of any software supplied in connection with the Services. 7.7 You are wholly responsible for the security and use of Your Phone and SIM card and indemnify SavvyTel against all claims which may arise through Your use of the Services. This includes the use of Services which incorporate new technologies such as SMS, MMS, GPRS and other value added services offered by SavvyTel for use on Your Phone. 8 SUSPENSION AND DISCONNECTION OF SERVICES 8.1 SavvyTel may from time to time and without notice or liability to You suspend or disconnect any of the Services (and at our discretion disconnect Your SIM card from the Network) in any of the following circumstances: a) during any technical failure, modification or maintenance of the Network (but in that event SavvyTel will procure resumption of the Services as soon as reasonably practicable); b) if You fail to comply with any of these terms and conditions until the breach (if capable of remedy) is remedied; c) if You do, or allow to be done, anything which in SavvyTel?s reasonable opinion may have the effect of jeopardising the operation or quality of the Services or causes interference with the Network; d) if You inform SavvyTel that You have lost or damaged Your SIM card; e) if You do not provide SavvyTel with the required information under this Agreement; f) SavvyTel suspects on reasonable grounds that its record of information about You contains incorrect information; g) SavvyTel is required to do so by law or a Regulator requires SavvyTel to do so; or h) it is reasonably required in the event of an Emergency. 8.2 SavvyTel can permanently disconnect You from the Network if: a) After Your Account Balance falls to zero, You do not Recharge within the Grace Period; b) You fail to use the Services in accordance with clause 7; c) You have not done what You have promised SavvyTel You would do, even after SavvyTel has given You seven extra days to do so; d) SavvyTel has an incomplete record of information about You and You fail to provide SavvyTel with the relevant details upon SavvyTel?s request; e) You do anything which SavvyTel believes may damage the Network; f) SavvyTel believes that You have used the Services to commit unauthorised, criminal or unlawful activities; g) a criminal law-enforcement agency asks SavvyTel to disconnect You because it has a suspicion on reasonable grounds that You have used, or are likely to use, the Services to engage in criminal conduct; h) it is reasonably necessary to enforce the criminal laws or laws imposing pecuniary penalties, protect the public revenue or safeguard national security; i) a Regulator requires SavvyTel to do so; or j) SavvyTel reasonably believes your Phone or equipment infringes the Intellectual Property Rights of a third party. 8.3 When disconnected from the Network: a) You no longer have the right to use Your MSN and SavvyTel is unable to return it to You; b) You must immediately return the SIM card to SavvyTel; c) This Agreement immediately terminates; and d) You forfeit Your Account Balance. 8.4 Without limiting any other rights of SavvyTel under the General Terms, SavvyTel may cancel the Services by 30 days notice published in at least one major daily newspaper in each capital city in Australia. All Call Credits unused at the Service cancellation date will be forfeited. 8.5 Upon cancellation of the Services for any reason, You must promptly return the SIM card to SavvyTel. 8.6 SavvyTel reserves the right to charge You the SIM card replacement fee for SIM cards not returned within 60 days of cancellation. 9 TERMINATION 9.1 Either of us may terminate this Agreement by giving 30 days written notice to the other. 9.2 SavvyTel may terminate this Agreement immediately by notice to You if You have breached a material clause of this Agreement. 9.3 You remain liable for all charges payable under this Agreement in respect of Services up to the time of termination. 9.4 If You are an individual, in the event of Your death, SavvyTel reserves the right to terminate this Agreement without notice as soon as SavvyTel becomes aware of Your death. All outstanding charges under this Agreement must be paid by Your estate. 9.5 If You terminate this Agreement by giving 30 days written notice pursuant to Clause 9.1, any Call Credits remaining in your Account Balance at the time of termination will be retained by SavvyTel. 9.6 Termination is without prejudice to the rights and obligations of the parties which have accrued prior to termination. 10 LIMITATION OF LIABILITY 10.1 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 the provision of the Services. Consequently, SavvyTel does not warrant that the Services will be free of blockages, delays, network congestion, interference or faults of this kind and SavvyTel will not be responsible for any loss or damage which may arise as a result. You acknowledge that You are responsible for inquiring whether mobile coverage is available in areas in which You will ordinarily require the Services. 10.2 You may have certain rights and remedies under the Trade Practices Act 1974 (Cth) and other laws, which may imply certain conditions and warranties into this Agreement. SavvyTel does not exclude or restrict or modify those rights, remedies or implied conditions and warranties where it is unlawful to do so. All other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied relating to the supply of the Services are excluded. Where SavvyTel is 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) SavvyTel?s liability is limited to resupplying, repairing or replacing the relevant Service where the Service is not of a kind ordinarily required for personal, domestic or household use or consumption. 10.3 Subject to clause 10.2 SavvyTel is not liable to You or any third party for any direct or consequential loss or damage however suffered or incurred (whether in tort, negligence or otherwise) in relation to the Services. However, SavvyTel does not exclude liability for death or personal injury caused by negligence. 10.4 SavvyTel has 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; 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 SavvyTel have arranged under this Agreement) which are due to incompatibility with the Services; d Porting of Your MSN in accordance with a Porting request received by us; e any delays in implementing a request to Port Your MSN; or f a failure to implement a request to Port Your MSN. 11 CONFIDENTIALITY 11.1 SavvyTel or the Supplier retains 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. 11.2 You will keep Confidential Information confidential, and will not allow any written or electronically recorded material to be copied. 11.3 On the termination of this Agreement for any reason, You will return all Confidential Information to us. If You have destroyed the Confidential Information, or any part thereof, then You will give SavvyTel a written declaration to that effect. 12 FORCE MAJEURE 12.1 SavvyTel is 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 or circumstance reasonably beyond Our control, including but not limited to war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other Supplier. 13 ASSIGNMENT 13.1 You will not assign, charge or otherwise deal with Your rights under this Agreement except with SavvyTel's prior written consent. 13.2 SavvyTel may assign all SavvyTel's rights and obligations under this Agreement without notice. 14 GENERAL 14.1 Information -- SavvyTel may give to and receive from other Suppliers information about Your Account, including particulars of calls and call charges. 14.2 Governing law --; this Agreement is governed by the laws of Western Australia and You irrevocably agree to the non exclusive jurisdiction of the Courts of Western Australia. 14.3 Entire Agreement -- this Agreement contains the whole understanding between You and SavvyTel to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services. 14.4 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 SavvyTel or on SavvyTel?s behalf not expressly set out in this Agreement. 14.5 Release -- You release SavvyTel and its 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. 14.6 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. 14.7 Notice -- A notice issued under this agreement must be in writing and will be taken to be received: a) if left at the address of the addressee at the time it was left; b) if sent by ordinary post, on the third day after posting; c) if sent by email, at the time of successful transmission; and d) if sent by SMS, at the time of successful transmission. 14.8 Survival -- termination of this Agreement shall not affect the continued operation of provisions in this Agreement which by their nature survive termination or expiration of this Agreement including but not limited to clause 2, 4.2(b), 6.2, 6.3, 6.4, 7.3, 10, 11. 15 CUSTOMER CARE 15.1 Any questions or complaints in relation to the Services should be addressed to Customer Care at: Email: service@savvytel.com.au Post: PO BOX 1710 LANE COVE, NSW, 1595 Fax: (02) 99062466 15.2 Should you feel a complaint is not satisfactorily resolved you may be entitled to raise certain matters with the Australian Communications Authority, Australian Consumer and Competition Commission or the Telecommunications Industry Ombudsman. SavvyTel Pre-Paid Mobile Services agreement PART II, SERVICE DESCRIPTION 16 THE SERVICE 16.1 SavvyTel will supply the Services at the published rates described in the Standard Rate Table. 16.2 You can use the Services to make voice calls from Your Phone during the Access Period to: a) any other mobile phone connected to any mobile telecommunications network in Australia; and b) any fixed line phone connected to any fixed line telecommunications network in Australia c) international telephone numbers; d) 13, 1300 and 1800 numbers and other Australian telephone numbers specified on the Website from time to time; and e) special numbers listed in the Standard Rate Table. 16.3 You can also use Your Phone during the Access Period to access other Services listed in the Standard Rate Table, including but not limited to SMS and MMS. 16.4 You may only have one Service per Account. 16.5 Subject to approval, You may have a maximum of five (5) Services. 17 SERVICE DESCRIPTION 17.1 The Services include prepaid calling from a GSM Phone for most voice calls made within Australia. 17.2 SavvyTel may vary the Services if reasonably required for technical, operational or commercial reasons. If doing so has a significant detrimental effect on Your individual Service then You may cancel that individual Service by giving notice to SavvyTel. 17.3 The following restrictions apply to the use of the Services: a) it does not support call diversion other than to our Voicemail service; b) it cannot be used to Roam on other domestic or overseas mobile networks; c) it may not support other services set out on the SavvyTel Website from time to time; d) it does not support paging or faxing services; e) it cannot be used for some specialist data and all fax services; f) calls made using 0015 or 0019 to international destinations are barred; and g) it cannot be used to call other special numbers as determined by SavvyTel. 17.4 You acknowledge that the services may not be available from time to time as a result of a number of factors, including capacity constraints, electromagnetic interference, adverse weather conditions, excessive Network use, equipment or Phone failure, your location (particularly if indoors or underground), or during maintenance activities. 18 ACCESSING THE SERVICE 18.1 To obtain the Service, You will need to apply for a Starter Pack by placing an Order on the Website or over the phone. 18.2 You acknowledge and agree that SavvyTel will subject the information that You submit on Your Order to a verification check. 18.3 If Your Order is accepted Your Starter Pack, ready to be Connected, will be dispatched to You. Your Starter Pack will be delivered to the delivery address You specify in Your Order within 7 working days. 18.4 If an ordered item is out of stock You will be notified by email within 48 hours. 18.5 Once You have received Your Starter Pack, You will need to Connect and select any optional Service features, if applicable. 18.6 You may only Port Your existing MSN during the SavvyTel standard hours of operation. 18.7 The SIM card is ready to use once You have been Connected. 18.8 You may only Recharge by following the process outline in clause 22. 18.9 Customer Care is available via; a) e-mail at service@savvytel.com.au b) calling 126 712 -- call charged at the rates shown in the Standard Rate Table. 18.10 Refund/Return Policy - SavvyTel operates a "no refund" policy. SavvyTel will only refund customers if the customers can show that they have been charged an incorrect amount. SavvyTel will also replace a faulty SIM free of charge. Customers are to return the faulty SIM to: Savvy Telecommunications Australia PO BOX 1710 LANE COVE, NSW 1595 19 IDENTIFICATION 19.1 You acknowledge that SavvyTel and other Suppliers of prepaid GSM services are required to ask customers for evidence of their identity and that: a) SavvyTel can refuse to supply You the Services if the required evidence is not provided; and b) SavvyTel may subsequently require You to produce additional proof of identity including Your name and address, and SavvyTel may suspend the Services until that evidence is provided. 19.2 You must provide SavvyTel with any change in Your residential address and Your e-mail address or other customer details provided to SavvyTel within 14 days of any change by contacting SavvyTel using our Website. 20 SERVICE FEATURES : YOUR SELECTIONS 20.1 The Services may have one or more of the following features, some of which You may need to select when applying for the Services. a) caller ID; b) Voicemail; c) SMS; d) call hold, call waiting; e) MMS; f) WAP GPRS; and g) international direct dialling (IDD). 20.2 SavvyTel will provide the Services to You based on the feature selections You have made (provided the relevant feature is available on Your rate plan, SIM card and Phone). Additional descriptions of the various features are set out in Appendix 1. 20.3 When You Connect, You will be activated on the rates set out in the Standard Rate Table. 20.4 SavvyTel and the Network do not represent, warrant or guarantee the extent to which a WAP GPRS compatible Phone will be able to access information on the internet or elsewhere. Your ability to access, use and download information will depend on the features and functionality of Your Phone and the nature and quality of the information being accessed. You acknowledge and agree that WAP GPRS may be subject to congestion, delays and/or loss of transmitted data. 20.5 SavvyTel reserves the right to withdraw access to WAP GPRS or any component of it at any time without notice. 20.6 You acknowledge and agree that the WAP GPRS coverage area may be smaller than the coverage area for other Services. 20.7 You must comply with all conditions imposed by a content provider when accessing content using WAP GPRS. 20.8 You agree that the following terms and conditions apply to Your use of WAP GPRS: a) You are responsible for all equipment and software necessary to use WAP GPRS as well as for the security and integrity of any information You transmit or receive; b) You use WAP GPRS accepting full risk and responsibility in doing so; c) You acknowledge that SavvyTel and the Network does not check and is not obligated to monitor the content of information or material available from WAP GPRS or the internet and that SavvyTel and the Network are not liable for loss and damage suffered by You or any other person as a result of using information or material obtained using WAP GPRS or the internet, including but not limited to, loss or damage caused by a virus; and d) You will not use WAP GPRS for any activities which breach any laws, standards or codes or infringe a third party?s rights, or breach any statements, content requirements or codes promulgated by any relevant authority including activities which require SavvyTel or the Network to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses or menaces or restricts or inhibits any other user from using or enjoying the Services or the internet. 21 SERVICE CHARGES 21.1 The charges for the Services may depend on: a) a combination of airtime, time and day of call, destination of call and call type; and b) the rate plan and features selected by You in Your Order. 21.2 You will not be charged for Unsuccessful Calls. 21.3 The rate plan(s) offered by SavvyTel in connection with the supply of the Services, as set out in the Standard Rate Table, specify: a) the charges for outgoing calls made on the Service, including local, national, international, mobile and other call types; b) the charges for other Services, including SMS, MMS, GPRS, and Voicemail; c) the Access Fee; d) the PIN Access Recharge Fee e) the Call Credit Expiry Date; and f) the Grace Period. 21.4 The other call types referred to in clause 21.3 include calls to: a) special Services such as 13, 1300, 113, 013, and 123 services; b) special Services such as 1800, 0011 800, and 0014 800; and c) calls to ships at sea. 21.5 The charges for outgoing calls using the Services are generally based on thirty second intervals over the Chargeable Calling Time plus a flagfall charge when the call is answered. Some calls may be charged on a per call or data usage basis, as specified in the Standard Rate Table. 21.6 You will be charged for calls by deductions from the current Call Credits in Your Account, in accordance with the Standard Rate Table. 21.7 You will not be sent any bills, invoices or statements recording calls made from Your Phone using the Services. You are able to review Your last three calls made by calling 126714. 21.8 For technical reasons, calls made to '13' numbers of other Suppliers from the Services in regional areas will not always be terminated by the other Supplier at the desired answering point. However, they will be answered by the company to whom the '13' number has been assigned in a capital city of Australia. SavvyTel is not responsible for the particular routing of calls to '13' numbers of other Suppliers. 21.9 For the purposes of determining the time at which a call is placed, the time used will be the local time recorded at the first mobile switching centre through which the call passes. This will not necessarily be the local time at the place at which You, the calling party, are located. If the charge for the Services depends on the time and day of call, the charge will be calculated using the applicable rate when the call starts. 21.10 You cannot convert into cash or redeem call credits as cash and You cannot apply call credits against any other Services held by You or anyone else with SavvyTel. 21.11 Any call credits remaining on Your Account on termination of this Agreement are forfeited. 22 RECHARGE YOUR ACCOUNT 22.1 SavvyTel will not connect calls if the Call Credits in Your Account are insufficient to meet the minimum charges applicable for calls of the type You are trying to make. You will need to acquire a Recharge PIN and use it to Recharge the Call Credits on Your Account in order to make Your call. 22.2 SavvyTel reserves the right to, but need not, notify You when you have a low Account Balance which may impact Your use of the Services. Any notification will take the following form: a) Low Account Balance -- if You are using the Services when Your Account Balance falls below $3 You will hear an audible alert to alert You that Your Call Credits are low and that You may want to Recharge. b) Low call time -- if You are using the Services when Your Account Balance falls to the level where it only contains enough Call Credits for a further three minutes of call time on Your current call, You will hear an audible alert to alert You that Your Call Credits are low and that You may want to Recharge. c) First call of the day -- if Your Account Balance is below $5 You will hear a recorded message when you make Your first call of the day, informing You that Your Account Balance is low and that You may want to Recharge. 22.3 If Your Call Credits are exhausted during the course of a call, the call will automatically cut out without further warning. You will need to acquire a Recharge PIN and use it to Recharge the Call Credits on Your Account in order to continue Your call. 22.4 To Recharge Your Account You must purchase a Recharge PIN via the Website; 22.5 To use the online Recharge Solution You must have registered Your credit card via the Website. To register Your credit card You will be required to undergo a verification check. 22.6 You Recharge by activating a Recharge PIN. Once You have acquired a Recharge PIN, call 126711 to activate it and add Call Credits to Your Account. a) You will be prompted to enter the details of the Recharge PIN via the keypad on your Phone. Your Account Balance will then be updated. b) SavvyTel will credit Your SavvyTel Account Balance with the value of the Recharge PIN. c) SavvyTel will charge You a PIN Access Recharge Fee on the successful activation of a Recharge PIN. This fee is detailed in the Standard Rates Table. d) The Recharge PIN is also subject to an activation expiry period ("Recharge Expiry Period") during which You must activate the Recharge PIN. e) Detailed instructions for Recharging Your Account are available on the Website. 22.7 You may Recharge any amount between $10 (ten dollars) and $100 (one hundred dollars) per transaction per day. A maximum Recharge amount of $200 (two hundred dollars) per Account is permitted per month. SavvyTel may not accept a Recharge Voucher if it will increase Your Account Balance above $200. 22.8 SavvyTel reserves the right to vary the maximum Recharge amount. If You require a higher maximum Recharge amount please contact Customer Care and Your request will be considered. 22.9 SavvyTel may limit the number of credit cards You are able to register to use the online Recharge Solution. 22.10 Call Credits are not physically or electronically added to Your SIM card itself, but are added to Your Account. 22.11 There is no expiry date or validity period for Call Credits at SavvyTel. As a SavvyTel Customer, Your Call Credits do not expire. 22.12 In addition to the Recharge Solution set out above, the following SavvyTel lines are available from Your Phone: a) Account Balance line 126713 -- allows You to check the Call Credits on Your Account; b) Recharge line 126711 -- allows You to use a Recharge PIN to add Call Credits to Your Account. 23 MINIMUM ACCOUNT BALANCE REQUIREMENTS AND CALL CREDIT VALIDITY PERIOD 23.1 There is no expiry date or validity period for Call Credits at SavvyTel. As a SavvyTel Customer, Your Call Credits do not expire. 23.2 SavvyTel does require You to maintain Your Account Balance at greater than zero. As long as your Account Balance is greater than zero, Your Account is active on the Network and You have access to the Services. 23.3 If Your Account Balance falls to zero, through Your use of the Services, including the application of the Access Fee, the Grace Period will begin for Your Account. 23.4 During the Grace Period, a) You cannot send an SMS. b) You cannot make calls, except for calls to emergency services, and the Recharge line. c) You can receive calls and SMS. d) You may be alerted via SMS or email at the discretion of SavvyTel when Your Account Balance falls to zero. e) You are required to Recharge Your Account within the Grace Period. 23.5 You must add Call Credits to Your Account before the expiration of the Grace Period otherwise SavvyTel can disconnect You from the Network irrevocably without notice. If this happens You will lose Your MSN and SavvyTel will be unable to get it back for You. 23.6 If You add any Call Credits to your Account before the expiration of the Grace Period, Your access to the Services will be fully restored. 23.7 SavvyTel reserves the right to, but need not, send You SMS and/or e-mail reminders to warn You that if You do not add Call Credits before the expiration of the Grace Period, Your access to the Services will be disconnected. 24 CUSTOMER CARE 24.1 Calls to Customer Care are charged at the rate shown in the Standard Rate Table. 24.2 Before calling Customer Care, a chargeable call, You are encouraged to: a) refer to Your user guide supplied in Your Starter pack; b) refer to the help files on the Website, www.savvytel.com.au c) send an email to Customer Care, service@savvytel.com.au which we will endeavor to respond to within 48 hours; d) if You want an answer now, call Customer Care on 126 712 during SavvyTel Business Hours. 25 YOUR PHONE 25.1 You acknowledge that: a) SavvyTel is not the supplier of Your Phone; and b) SavvyTel makes no warranty as to the suitability of the Phone for use in connection with the Service or individual service features. 25.2 You are responsible for the maintenance of Your Phone. If Your Phone appears to be faulty or interferes with the Service, You must, if requested to do so by SavvyTel: a) provide Your Phone for SavvyTel to inspect; and/or b) cease using that Phone until the problem has been corrected. 25.3 SavvyTel will have no liability to You in relation to Your Phone, or Your use of the Phone in connection with the Service. 25.4 To protect consumers from illegal trade in mobile phones, SavvyTel at any time may request You to provide proof of ownership of Your Phone. You must provide that proof within five (5) business days of SavvyTel?s request. If You fail to provide proof of ownership within five (5) business days, SavvyTel may suspend Your Service until evidence is provided. 26 LOST OR STOLEN PHONE AND/OR SIM CARDS 26.1 The SavvyTel IMEI Blocking facility ("IMEI Blocking") allows You to block Your Phone on the Network and on other Australian GSM networks if Your Phone is lost or stolen. 26.2 You may block Your Phone by e-mailing SavvyTel at service@savvytel.com.au and requesting IMEI Blocking. This will prevent Your Phone being used on the Network. SavvyTel will try to do this within a reasonable period. You will be required to undergo an ID check before IMEI Blocking is activated. 26.3 If SavvyTel blocks or unblocks Your Phone on the Network, this will be communicated to other national Carriers to put into effect on their networks. 26.4 If Your Phone is found or returned, You must e-mail SavvyTel at service@savvytel.com.au to request unblocking. SavvyTel will try to do this within a reasonable period. 26.5 If You need to call emergency services while Your phone is IMEI Blocked, please dial 112 rather than 000. Provided You are within coverage, this will ensure that Your call gets through to emergency services while waiting for Your unblock request to be carried out. 26.6 If You obtain a Phone that is lost or stolen, or obtain the Services or a Phone under false pretences, SavvyTel may block Your Phone on the Network without Your consent, even if You are not aware it is stolen. 26.7 SavvyTel is not responsible for any lost or stolen SIM cards. You will be responsible for the charges for all Services used by any other person using Your lost or stolen SIM card. 26.8 If Your SIM card is lost or stolen, You may contact SavvyTel using our automated services on service@savvytel.com.au to request that Your SIM card be blocked. This will prevent unauthorised calls being made and charged to Your Account. 26.9 If Your SIM card is lost or stolen and You notify SavvyTel, the SIM card will be cancelled. SavvyTel may, at its discretion, replace the SIM card and may charge a replacement fee as specified in the Standard Rate Table. Any remaining Call Credits on a stolen SIM card may be transferred to the replacement SIM card. 27 Mobile Service Number 27.1 Subject to the ACA?s numbering plan and directions (Numbering Regulations, SavvyTel will select the MSN to be associated with Your SIM card. 27.2 If Your access to the Services is cancelled for any reason, Your right to use the MSN ceases. 27.3 SavvyTel is not liable to You for any expenses or losses incurred by You or Your business due to: a) any variation of the MSN assigned under paragraph 27.1; or b) cessation of Your rights of use in respect of Your MSN pursuant to paragraph 27.2. 27.4 To comply with Numbering Regulations, SavvyTel may need to withdraw or alter the MSN allocated to You. 27.5 Except as set out in paragraph 27.6 below, if, for any reason, You require a new MSN, You will be obliged to pay a number swap fee as set out in the Standard Rate Table and You will forfeit all remaining Call Credits. 27.6 If You have received calls of a harassing nature and reported the matter to the relevant law enforcement agency, You may request a new MSN. SavvyTel may, at its discretion, agree to supply You with a new MSN. If SavvyTel agrees to do so, a new MSN will be issued to You free of charge on the first two occasions. Thereafter, a number swap fee as set out in the Standard Rate Table will be charged. In this limited circumstance, any Call Credits on Your existing Account will be transferred to the new Account. 28 FREE CALLS 28.1 Calls to the following numbers are free if called from Your Phone using the Services:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||