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Mobile Terms & Conditions
1. Meaning of Words
This agreement contains the terms and conditions on which Simpliciti telecommunications will supply mobile telecommunications services to you. Words not defined have the same meaning as in the Telecommunications Act 1997.
- • "ACA" means the Australian Communications Authority;
- • “Act” means the Telecommunications Act 1997;
- • "Application" means the form you complete and provide to us requesting and selecting the Service;
- • “Call Rate” means the Call Rates for a Call Plan;
- • "Carrier" means the carrier we nominate in writing from time to time as the supplier of the Service;
- • "CLI" means calling line identification;
- • “Customer” means the person who uses the Service;
- • "Due Date" means within 21 days of the date specified in an invoice;
- • "Fees" mean the fees, access charges (if any), call charges and other charges payable for the Service in accordance with the Pricing Package or otherwise as notified to you from time to time;
- • "GST" means a goods and services tax;
- • “Hardware” means the mobile handset we provide you;
- • “Insurance” means the Insurance You may buy for Your mobile phone;
- • “Network” is the digital mobile phone Network that allows You to receive or use Our Service;
- • “Numbering Regulations” refers to the ACA’s numbering plan and regulations;
- • "Other Services" means the other services you specify in the Application;
- • "Personal Information" means personal information as defined in the Privacy Act 1988 about you and includes any unlisted telephone number and information about carriage services provided in connection with the contract or about your financial circumstances, credit worthiness, credit history, credit standing, credit capacity, and account history;
- • "Pricing Brochures" means our lists of digital airtime prices from time to time in relation to the Pricing Package; "Pricing Package" means the pricing package you select for the Service;
- • "Service" means the digital mobile telephone service and any Other Services you select on your Application;
- • “SIM” means the subscriber identity module card, to be used with a mobile phone handset to enable use of the Service;
- • "Taxes" means any government taxes, duties, imposts or levies (including GST) payable for or on provision of the Service;
- • "Term" means the period commencing on the date we first provide the Service to you and extending to the period specified in your Application or the Pricing Package; and
- • "We" or "Us" means Simpliciti Telecommunications;
- • “You and Your” means You the Customer who subscribes to Our Service.
2. Our Agreement with You
- a) Our agreement with you includes these terms and conditions, your Application and the Pricing Package. We will provide you with our Pricing Package at your request.
- b) This Agreement is binding once we have accepted your request for the Mobile Service and we shall connect your mobile service after you have provided us with valid and correct user details;
- c) We shall open the account in your name and then you shall be responsible for all charges incurred as a result of the Service. This also includes charges on Your Service, which may or may not have been incurred by You personally;
- d) Our partnership with you shall incorporate any terms and conditions applying to our Service that must be included by any laws, industry standards and codes;
- e) We will provide the Service for you until the end of the term permitting the terms outlined in this Agreement are followed;
- f) We may vary, alter, replace or revoke any part of this contract (including our fees) at any time. You will be provided with the changes in writing either by mail on Our Website at www.Simpliciti.com.au.
3. Our Service to You
- a. We agree to provide the Services to you until they are either cancelled by or we suspend or terminate them.
- b. We will make our best efforts to offer the Service to you, but without warranting that we will be at all times able to do so.
- c. You agree that we are not liable for any failure to provide all or part of the Service to you.
- d. Our Service is only available to you, if you:
i. Stay within the range of the network;
ii. Do not become involved in or try to use the Service in a manner that is deemed to be improper, immoral, unauthorised or unlawful;
iii. Provide us with all information and co-operation that We may need in relation to the mobile Service;
iv. Abide by the terms and conditions in this Agreement.
4. Term of the Agreement
- a. We will provide the Service to you for the Term;
- b. You may only end our contract at the end of the Term by giving us 30 days written notice. If connection is not maintained for the contract period you will be required to pay for the full period of the contract plus any early termination fee of $25.00.
5. Your Responsibilities
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a. As the Customer, You must :
i. Keep the SIM card safe and in good condition;
ii. Acknowledge that any SIM provided to you is the property of Simpliciti Telecommunications and you must return the SIM back to Simpliciti Telecommunications if you are asked to;
iii. Agree not to claim any legal interest and good will in any number allocated to you by Simpliciti Telecommunications. Also, you agree that in order for us to comply with Numbering Regulations we may need to change, withdraw, suspend or reassign your phone number;
iv. Notify us of any change to your details; and
v. Contact Simpliciti Telecommunications Customer Service immediately if there is a problem with the Service; or you lose or damage the SIM card, so that we can suspend or bar access to the Service.
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b. As the Customer You must not:
i. Become involved in, or try to use, any public mobile telecommunications Service or SIM card/s in any fraudulent or unauthorised way or knowingly or negligently allow another person to do so;
ii. Do not jeopardise the operation of the network or knowingly or negligently allow any other person to do so;
iii. Disclose any confidential information or security number such as your enquiry password or personal identification number;
iv. Use the CLI or information that you derive from the CLI except in accordance with the principles endorsed by the ACA and any other relevant industry code
v. Not sell or redistribute any part of this Service.
- c. You will fully indemnify us for any liability we incur for any defamatory or unlawful communications made by you or any other person in using the Services.
6. Charges and Payment
- a. You authorise Simpliciti Telecommunications to conduct a credit check. You must pass a credit check at the time you ask to be connected to our Service;
- b. We may vary the Fees and will use reasonable efforts to notify you of the changes as they occur;
- c. We will be invoicing you on a monthly basis and you must pay all outstanding invoices by the due date. You will have 14 days to pay the invoice from the invoice date;
- d. You must pay by the due date on your bill. If charges are not paid by this time, we can stop you using some or all of our Service and may charge you a late payment fee;
- e. You will be liable for all reasonable collection costs (including our total legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment;
- f. On Your behalf we will monitor your account for unusual and improper use and as such your account will have a pre set spending limit. When your mobile exceeds that pre set limit you will be contacted and an advance payment may be required on your Service. We can alter the limit at our discretion. For more information regarding the pre set limit please do not hesitate to contact one of our Customer care representatives;
- g. Simpliciti Telecommunications may pay an agent a commission for introducing you to the Service;
- h. To obtain new connection discounts, bills must be paid in full by the due date otherwise full charges apply;
- i. If you in good faith dispute an amount in an invoice, you must notify us in writing within 14 days setting out reasons for the dispute and the amount in dispute. Even if there is a dispute, you must pay the whole amount of each invoice by the Due Date;
- j. You acknowledge that Hardware or any other phone provided for the Service may have been subsidised;
- k. If your lose Hardware, the Access Card or any other equipment, you are liable for all Fees up until the time that you report the loss.
7. Your Mobile
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a. As Our Customer, Simpliciti Telecommunications will provide you with two payment options for the purchase of a mobile. You can purchase your chosen mobile in a one off payment or in pre defined monthly installments;
i. When you purchase a handset by installments you must agree to the conditions of the finance company, which will be a 3rd party. Terms of finance are provided for in a separate contract.
- b. If you chose to obtain your handset on a plan, the installments are included in your package and you wont have to make any additional payments, so long as you maintain the minimum spend commitment for the duration of the Agreement;
- c. If at any time you cancel or change your Service with us, you will be liable for the outstanding amount. This outstanding balance will be calculated as a pro-rata of the 24-month installment price of the phone from the date it was bought and any upfront installments still owing (if applicable);
- d. Until the expiry of the term, We will always retain the legal and beneficial ownership of, and You have no rights to, the hardware, other than to use the hardware during the term;
- e. Once our partnership term is over ownership of the Hardware becomes yours.
8. Liability
- a. We are not liable to you for any breach of any express or implied terms, conditions or warranties of our contract, including the non-provisioning of our pricing brochure at any time;
- b. We aren’t liable to you for any loss of income, interest, business, or profits, or for any indirect, incidental or consequential loss or damage;
- c. Where we cannot by law exclude such liability, our liability for such breaches will be limited, at our choice to, if the breach relates to goods, the replacement or repair of the goods or, if the breaches relate to Services, the supplying of those Services or the payment of the cost of having those Services supplied again;
- d. Vodafone is not liable to You (in contract, Tort (including negligence) or otherwise) in relation to any delay or any failure to provide Service;
9. Assignment
- a. As the Customer You may not transfer or assign any rights and obligations under this Agreement without the prior written permission of Simpliciti Telecommunications;
- b. We reserve right to and may without notice assign or novate all rights and obligations under the contract to our nominee or Related Body Corporate. We may also require you to novate this Agreement in favour of Simpliciti Telecommunications’ nominee. All such novations to be on terms no less favourable than the terms of the contract in existence immediately prior to the novation.
10. Suspension or Disconnection of Your Service
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a. We may suspend our agreement immediately and without notice at any time, if:
i. The network needs maintenance or upgrading;
ii. There is a failure of the equipment use to deliver the Service;
iii. You exceed Your pre set spending limit;
iv. You inform us the you have lost, or there is a damage to your SIM card;
v. You, or anyone who uses the SIM, doesn’t comply with the terms of this Agreement;
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b. We can terminate our agreement without notice, if:
i. The use of the Service by any person may damage the network;
ii. You do not use the Service for a period of 6 months;
iii. We are instructed by a regulatory body such as the ACA;
iv. Our Agreement with the carrier has ended or the carrier has ceased to exist;
v. Any of Your assets come under the control of another person such as a receiver;
vi. You do not pay your bill by the required due date in clause 6.
- c. If we suspend our contract, you will still remain liable for all Fees during the suspension.
11. The End of Our Agreement
- a. You, or we can cancel this Agreement at our discretion at any time for any reason;
- b. If you breach a part of this Agreement you will be specified a period of time to correct the breach and failure to do so will result in the cancellation of the Service;
- c. You will be required to pay all outstanding amounts on your account and any installments you owe on your mobile phone;
- d. You will have no continuing rights to your mobile number. (We may, subject to our obligations under the ACA’s numbering plan, allocate your number to someone else;
- e. You may port your number to another carrier or Service provider, however you will be liable for all outstanding amounts owing either on your account and/or mobile phone;
- f. Please be aware that not all mobile handsets are compatible with all mobile platforms.
12. Privacy
- a. We will provide you with access to your account information in accordance with the Privacy Act;
- b. We may receive and disclose personal information or documents about you to or from credit reference agencies to help us make credit decisions or for fraud protection purposes. You consent us, our agents, suppliers, and other carriers, using and disclosing personal information about you in credit related matters in accordance with the Privacy Act;
- c. We may also be ask to co-operate with any law enforcement agencies to use personal information to assist them with the prevention of criminal activities.
13. General
- a. This contract is governed under the laws of New South Wales.
- b. Any person signing our contract on your behalf warrants that they have full power and authority to bind you in respect of our contract.
- c. Notices and invoices to you are effective if delivered personally or posted to your last known address.
- d. If any part of our contract is found to be invalid or of no force or effect, it shall be construed as though such part had not been inserted and the remainder shall retain its full force and effect.
- e. Mobile Free Calls are for mobiles only and do not include International calls, SMS or WAP. Free calls must be used within billing month and cannot be rolled over.
14. Special Offers
- a. From time to time we have special offers and promotions available for users of the Service. Additional terms and conditions will apply to these offers, which you accept. All terms and conditions are available on request.
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