Mobile Terms

These terms apply to all Mobile Phone Plans we provide, and form part of our customer contract with you.

1. About our Mobile Terms

1.1 This is our Mobile Terms and applies to our Mobile Services.

2. Our Mobile Service

2.1 Our Mobile Service gives you:

• access to Vodafone
• the ability to make and receive mobile phone calls;
• the ability to access SMS and other value added services; and
• the use of a mobile phone number.

2.2 Your ability for your end users to make international direct dial calls or to use your Mobile Service when you are in countries other than Australia is subject to our approval. You must obtain our express authorisation to use your SIM card in countries other than Australia . In some circumstances we may require you to provide some form of security, such as a security deposit, before we allow you to access those services.

2.3 You are responsible for enquiring whether mobile coverage is available in areas in which you will ordinarily require the Mobile Service.

3. Our Mobile Service Call Charges

3.1 Our national and mobile calls, WAP, SMS, GPRS and MMS and any other value added services offered by us from time to time will be charged in accordance with our Wholesale Mobile Service's

3.2 You will be charged for all calls you make while Roaming outside of Australia . Please be aware that you will also be billed for calls that people make to you when you are Roaming. Your caller pays what they would normally pay to call you in Australia and you pay the additional Charge to send the call overseas to you.

3.4 We are not able to control the variations in Roaming Charges as they are set by the overseas operator whose network you are Roaming on and are also subject to international exchange rate fluctuations.

4. Connecting your Mobile Service

4.1 If you wish to apply for a TADAust Connect Mobile Service you must complete the Mobile Phone application form.

4.2 We aim to connect applicants for our Mobile Service within forty-eight hours of receiving and accepting an Application Form.

4.3 If you have asked us to Port an existing mobile phone number away from another mobile service provider, then we aim to connect you within two hours of successfully completing that Port.

5. Faults

5.1 We will notify the mobile network provider of any faults reported to TADAust Connect so that full Mobile Service can be restored as soon as reasonably practicable.

6. Mobile Phone Numbers

6.1 If you would like to change your mobile phone number you must pay the applicable charge set out in the Schedule of Charges each time you request a new mobile phone number.

6.2 Within reason, you may ask us to search our database of available mobile numbers to choose a particular mobile number.

6.3 If you have not activated your reserved mobile number within six months, we will return the number to our database of available numbers

7. SIM cards and handsets for the Vodafone Network

7.1 If your Mobile Service is on the Vodafone Network, you will need to insert a SIM card into your handset. The original SIM card that we give you is included in your Mobile Service Plan. If you need a replacement SIM card, you must pay the Replacement SIM Card Charge set out in the Schedule of Charges. You will not be required to pay the Replacement SIM Card Charge if the original SIM card is faulty or defective.

7.2 We may specify certain procedures for activation of your SIM card to protect against unauthorised use. You must take all reasonable care to keep the SIM card safe and in good condition.

7.3 If you lose your SIM card or if it is stolen (including if your handset is lost or stolen with the SIM card inserted) you need to tell us immediately. You are responsible for all Charges up until the time you tell us that your SIM card is lost or has been stolen.

7.4 All Intellectual Property in your SIM card remains the property of the supplier of that SIM card.

8. If you lose your handset or device or if it is stolen you need to tell us immediately. You are responsible for all Charges up until the time you tell us that your handset or device is lost or has been stolen.

9. Handset Blocking for your Mobile Service on the Vodafone Network

9.1 You can ask us to:

• block the use of your handset for your Mobile Service if it is lost or stolen; or
• unblock the use of your handset for your Mobile Service.

9.2 In relation to the Vodafone Network, we block the use of your handset for your Mobile Service by invalidating the IMEI number of the handset in the Equipment Identity Register of the GSM networks. This means that no-one will be able to use your handset, except to make calls to emergency services and certain customer service numbers.

9.3 You indemnify us (and must pay us) for any loss or liability that we may incur by acting on your request to block or unblock the use of your handset for your Mobile Service.

9.4 You can ask us to unblock the use of your handset:

if you believe that we have blocked the use of a handset for your Mobile Service by mistake; or

if you have recovered your lost or stolen handset.

9.5 We can block the use of a handset for your Mobile Service if we reasonably consider that a handset has been lost or stolen. We will use reasonable endeavours to contact you before we block your handset.

9.6 We may block or continue to block the use of a handset for your Mobile Service if the handset has been lost or stolen, even if you prove to us that you have acquired the handset in good faith without knowing that it has (or may have) been lost or stolen.

10. Vodafone or Optus GSM Networks: When other mobile service providers can block handsets

10.1 Regardless of why we have blocked your handset for your Mobile Service, we will include the IMEI number of that handset on a list of IMEI numbers that we have blocked.

10.2 We send this list to other mobile service providers in accordance with the inter-carrier blocking initiative introduced by the Australian Mobile Telecommunications Association. We may also block the use of your handset if its IMEI number is on a list of blocked numbers we receive in accordance with this blocking initiative. This would most commonly happen if a previous owner had reported the handset lost or stolen.

10.3 Other participating mobile service providers will then invalidate the IMEI numbers on that list so that the corresponding handsets will not work on their GSM networks.

10.4 We do not promise that the other participating mobile service providers will invalidate your IMEI number or do so within a certain period of time.

11. Mobile Number Portability (MNP)

11.1 We provide a MNP service as an option for you changing your mobile service provider.

11.2 MNP allows you to keep your existing mobile phone number when you stop using the mobile service linked to that number and take up a new mobile service with another mobile service provider. This process is known as Porting. You can only Port active mobile phone numbers.

11.3 If you wish to Port a mobile number to TADAust Connect then you must complete and sign a Mobile Number Portability Customer Authorisation Form.

11.4 If you Port away from us, you will continue to be responsible for any outstanding amounts owing to us on your account.

11.5 We are not liable to you for any direct or indirect loss or damage that you may suffer due to a failure or delay in the Porting process that was due to matters outside our control including the acts or omissions of another mobile service provider.

12. Calling number display

12.1 Calling number display allows a person receiving a call from you to see your mobile phone number on their handset. Calling number display is automatically activated on commencement of your Mobile Service. If you do not want your number displayed, check your handset user guide to see whether you can deactivate the functionality yourself or contact us to deactivate this functionality for you.

13. Definitions

13.1 In our Mobile Terms, the following words and abbreviations have the following meanings:

Equipment Identity Register means the GSM equipment identity register database, which contains information on the identity of mobile equipment to prevent calls from stolen, unauthorized or defective mobile stations.

GSM means the global system for mobile communication. In Australia , GSM is used to refer to the 900MHz band.

GPRS means General Packet Radio Service.

IMEI means the International Mobile Equipment Identity

Initial Access Period means a period of 180 days commencing from the date you register and activate your Pre Paid Mobile Service.

MMS means Multimedia Messaging Service.

Mobile Service means any of TADAust Connect's mobile telephone services which access the Vodafone network.

Mobile Number Portability (MNP) means the ability to Port a mobile telephone number as described in clause 11.

Mobile Number Portability Customer Authorisation Form means an authorisation form signed by the Customer to Port an MSN to a new Supplier.

MSN means a Customer's mobile service number allocated pursuant to the Telecommunications Numbering Plan 1997.

Port or Porting means to keep your existing mobile phone number when you stop using one mobile service provider's services and take up a new mobile service with another mobile service provider.

Replacement SIM Card Charge means the charge for replacing your SIM card as set out in the Schedule of Charges.

Roaming means using your Mobile Service when you are in countries other than Australia .

Schedule of Charges means the schedule of charges documented in our Mobile Schedule.

SIM means Subscriber Identity Module, a removable card or module which is used in the GSM authentication procedures and contains the international subscriber identity (IMSI) number and other subscriber data, any associated information and intellectual property.

SMS means Short Messaging Service.

WAP means Wireless Application Protocol.

Important Customer Information: Your Rights and Obligations

Mobile Porting Terms and Conditions

• You may be able to port your mobile number from your current mobile service provider to TADAust Connect if that mobile number is declared portable under the Australian Communications and Media Authority's Telecommunications Numbering Plan 1997 which you may obtain a copy of by visiting www.acma.gov.au
• TADAust Connect agrees to comply with the operational procedures for porting mobile numbers described in the Australian Communications Industry Forum's Industry Code - Mobile Number Portability ACIF C570 2005 (MNP Code) which you may obtain a copy of by visiting www.acif.org.au . The terms "Customer Authorisation", "Port Cutover Notification Confirmation" and "Standard Hours of Operation" have special meanings as described in the MNP Code.
• The terms of TADAust Connect Mobile terms will apply to the supply of mobile services to you by TADAust Connect once you have successfully ported your mobile number to TADAUST CONNECT.
• If your mobile number cannot be ported to TADAust Connect then your application to become a mobile customer will be cancelled, you will not become a mobile customer. Alternatively, you may accept a new mobile number from TADAust Connect, and your use of that number.
• You acknowledge that:
• Only your mobile number ports to TADAust Connect. Existing value added services (including voice mail, SMS, paging or facsimile services) provided by your current mobile service provider may be lost and new value added services will be provided by or on behalf of TADAust Connect.
• There may be costs and obligations associated with porting your mobile number away from your current mobile service provider and you may lose any remaining pre-paid call credits if you port from a pre-paid mobile service.
• You may have an ongoing contract with your current mobile service provider which requires the payment of cancellation and/or terminations fees to that mobile service provider if you port to TADAust Connect.
• Regardless of whether your mobile number is successfully ported to TADAust Connect, you will still be responsible for any amounts owing to your current mobile service provider.
• Your current mobile service provider may or may not disconnect your existing mobile service and/or value added services.
• If you are porting between GSM and CDMA or any other mobile platform, you may need to purchase a new handset.
• If you intend to use your existing handset, you may need to get it unlocked or reprogrammed prior to porting. You may also need to get a new handset.
• You may withdraw your authority to port at any time before your current mobile service provider sends TADAust Connect a Port Cutover Notification Confirmation. If you withdraw your authority to port, your application to become an TADAust Connect mobile customer will be cancelled.
• TADAust Connect does not warrant that it can port your mobile number from your current mobile service provider or that your number will be ported to TADAust Connect within any specified timeframe. Your current mobile service provider may reject the request to port if the information you provide is incorrect or does not match the data held by them. In this case, TADAust Connect reserves the right to correct the information and resubmit the request to port or dispute the rejection by your current mobile service provider. Additionally, a request to port may be rejected if:
• the request is for a non-portable mobile number - eg, a cancelled mobile number;
• the MNP Code requires the request to be rejected; or
• TADAust Connect cannot otherwise provide porting for that mobile number in the circumstances.
• We are not liable to you for any direct or indirect loss or damage that you may suffer due to a failure or delay in the porting process that was due to matters outside our control including the acts or omissions of another service provider.
• If we provided you with a mobile handset from TADAust Connect and there is a failure to port your mobile number within 30 days you must return the handset within 14 days of receiving notice from TADAust Connect to do so. Provided that the handset is unused, undamaged and still in its original packaging, TADAust Connect will refund the full amount you have paid for that handset.
• If you wish to port your mobile number from TADAust Connect to another mobile service provider, then you must contact that other provider to implement the port.
• TADAust Connect reserves the right to charge for porting your mobile number to or from TADAust Connect.

Schedule of Mobile Charges

Effective 1 June 2007

General

Mobile Plans

Important Stuff

Customers must be credit approved. TADAUST's standard rates apply and include GST.

How the mobile offer works:

You may purchase a new handset from TADAust Connect outright or BYO handset.

Call rates

A 30c connection fee applies to all calls. A 39c per 30 second call rate applies and calls are billed in 1 second increments. Call charges are rounded up to the nearest cent. Calls to special or other services e.g. international calls, global roaming and premium services are charged at higher rates and may vary according to the type and location of the call. Call charges are billed monthly in arrears and monthly service fees are billed monthly in advance.

Please be aware that on your first invoice you will be charged a security fee of $50.00 which is fully refunded upon termination of your mobile phone plan. The security fee is only refunded once the account has a zero dollar amount payable. In addition to the security fee your minimum monthly fee access charge is also charged pro rata and in advance plus an $11.00 postage and handling fee for delivery of your SIM card and or mobile phone.

Minimum commitment

Minimum commitment (excluding call charges): is the mobile access fee of $4.95.

Early Termination: If you cancel your Value Plan and fail to pay any outstanding amount when due, or switch to another service provider prior to the expiry of the contract term, then at that time the unpaid balance of the remaining cost of the contract term + outstanding call charges = cancellation fee (monthly access fee x number of whole contract months remaining) is immediately due and payable when required by TADAust Connect.

TADCap Plan

Important Stuff

Customers must be credit approved. TADAust Connect's standard rates apply and include GST.

Call rates:

A 30c connection fee applies to all calls. A 45c per 30 second call rate applies and call rates are billed in 1 second increments. Call charges are rounded up to the nearest cent. Calls to special or other services e.g. international calls, global roaming and premium services are charged at higher rates and may vary according to the type and location of the call. Call charges are billed monthly in arrears and monthly service fees are billed monthly in advance. Monthly $150 credit applies to all standard calls of which is split by $100 to all network calls and $50 to TADAust Connect customer calling other TADAust Connect customers. Unused credit is forfeited at the end of each billing month. If you exceed the monthly credit, standard rates apply.

Please be aware that on your first invoice you will be charged a security fee of $50.00 which is fully refunded upon termination of your mobile phone plan. The security fee is only refunded once the account has a zero dollar amount payable. In addition to the security fee your minimum monthly fee access charge is also charged pro rata and in advance plus an $11.00 postage and handling fee for delivery of your SIM card and or mobile phone.

Minimum commitment

Minimum commitment (excluding call charges): is the mobile access fee of $29.95.

Early Termination: If you cancel your Value Plan and fail to pay any outstanding amount when due, or switch to another service provider prior to the expiry of the contract term, then at that time the unpaid balance of the remaining cost of the contract term + outstanding call charges = cancellation fee (monthly access fee x number of whole contract months remaining) is immediately due and payable when required by TADAust Connect.