Redback Communications Pty. Ltd. ABN: 64 103 466 628 (“We”,” Us” or “Our”) will provide you, the customer specified on the Application Form (“You” or “Your”) with services in accordance with the following terms and conditions.
1. Summary
We supply the service, You pay Us for the service.
2. Services
You get a 3G SIM card from Us and until the card is returned to Us, you pay Us for the service.
If the service doesn’t perform to Your satisfaction, You can return the 3G SIM card to Us and will cancel the service on Our receipt of the 3G SIM card. You are liable for all charges up until the 3G SIM card is returned to Us. If the 3G SIM card is damaged while in your possession or in transit to Us, We will charge You $25.00.
We use the Optus 3G HSDPA and GSM networks to provide the wireless broadband service and You acknowledge that We have no control over the Optus network. Being a wireless service, the signal strength and reliability of the service will depend on a number of factors outside of Our control.
3. Charges
3.1 You will pay us the price of the Services by way of credit card, cash or cheque or such other method of payment as shall be agreed prior to commencement of supply of Service. If You nominate credit card payment, You are authorising Us to debit Your card with the amount included on the adjacent Application Form signed by You as the card signatory.
3.2 Additional fees will be charged for services and/or activities You ask us to undertake on Your behalf. These fees will be advised to You at the time You make your request to Us and prior to Us commencing any work.
3.3 You may, at Your discretion elect to cancel the service within the first 30 days and receive a full refund on the 3G modem as long as it is returned undamaged in its original packaging. You acknowledge that you will be liable for the monthly and usage fees up until the time the 3G modem is received by Us.
4. Duration
This Agreement commences on the Commencement Date and will remain in force until terminated by either party.
5. Pre-Paid plans
Pre paid plans can be purchased in blocks of Time or blocks of GB’s. Each Pre-Paid Plan Type has a set time (expiry date) in which the allowance must be used. If the allowance has been depleted before the active plans’ expiry date, the service will become inactive.
The day You activate the plan is day one. For example, You join on the 1st of April – this is day one. The plan will expire at 11:59pm on the 30th of April, thirty days later.
Once an active plan has reached the expiry date any remaining allowance will be lost.
It is expected that You will top up before your allowance is depleted, or your plan expires. If there is no active plan for a grace period of five (5) days from the expiry date of the last active plan, the service will be terminated. It would then be necessary to purchase a new SIM. For example, if the expiry date of a plan is the 30th of April and You have not topped up in the grace period, which ends at 11:30pm on the 5th of May, the service is terminated. Once the service (SIM) has been terminated, it cannot be reactivated.
If there is any allowance (Time or GB) remaining, but the plan expires, the remaining is lost, even if a subsequent top up has been purchased for the service. You can purchase a top up for your service while You are still using the allowance from the original plan or previous top up.
The expiry date of a top up is not determined by the purchase date apart from the initial plan purchased. The expiry date is then calculated by the start date of the plan which is determined by a) the expiry date of the previous plan (top up) or b) the date the previous plan (top up) allowance was depleted.
Six (6) GB Hard Limit Rule
Maximum usage allowance will be limited to 6GB at any time during the month. After which the service will become inactive, even if any active allowance remains. Any remaining allowance will be reinstated for use on the service in the next calendar month, as long as the plan expiry date has not lapsed.
Customers can use their allowance and then top up as frequently as they like during a calendar month, as long as they don’t go over the 6GB during the calendar month.
If a service has gone over 6GB, a top up can be purchased, but the allowance will not be made active on the service until the next calendar month.
6. Customer Supplied Facilities or Equipment for Connection to the Services
Unless otherwise agreed in writing with Us, You are responsible for selecting and maintaining at Your own expense, any facilities or equipment necessary to enable You to connect to Our Services.
7. Our Rights
7.1 We may monitor or keep any records that We deem necessary of Your use of the Service.
7.2 We may add Services, discontinue Services, or make alterations to current Services at Our discretion, however, We will give You reasonable prior notification of any such changes.
7.3 We reserve the right to refuse any application for an Account and You agree that there is no obligation on Us to furnish a reason for any refusal of an Account.
8. Credit Checks
8.1 You authorise Us to conduct all relevant credit checks and searches and to use any information obtained to enable Us to establish Your credit worthiness.
8.2 You agree that We may obtain personal information about You in relation to Your credit worthiness from any relevant reporting agency and We may disclose to such agencies any personal information or other assessment made in relation to Your credit worthiness.
9. Limitation of Liability
9.1 We cannot and do not warrant or guarantee that the Services provided with be free of delays or faults although We will use Our best efforts to restore all faults within a reasonable time. Accordingly, the use of the Services is at Your Sole risk and We are not and will not be liable for any direct or indirect, special or consequential loss or damage however caused which may be suffered or incurred by You or which may arise in respect of Your use of or interruption to the Services.
9.2 All warranties, undertakings, inducements and representations whether express or implied, statutory or otherwise relating to the provision of the Services are excluded.
9.3 We take all reasonable steps to ensure that any of Your data which is held by Us and is confidential remains confidential, however, We are not and will not be responsible for release of such data through unauthorised entry to Our system beyond Our control.
9.4 Where a term condition or warranty is implied by Law, it is deemed to be included in these terms and conditions, however, Our liability for breach of such implied term, condition or warranty will be limited at Our option to supply of the Services again.
10. Indemnity
Unless otherwise required by law, You indemnify and shall keep Us indemnified in respect of any loss or damage, action, claim, suit or proceeding against Us by any person in respect of the Use by You or a Designated User of the Services including but not limited to hacking, the transmission of any illegal, defamatory, misleading, deceptive and/or fraudulent material which You or a designated User transmit or cause to be transmitted or downloaded using the Services.
11. Termination
11.1 Either party may terminate this Agreement by giving 30 days written notice to the other. Cancellation fees will apply if you terminate while still within a contracted term.
11.2 We may terminate this Agreement immediately by notice to You if You have breached or failed to properly observe these terms and conditions.
11.3 These terms and conditions will automatically be terminated in relation to a particular Service or the Services as a whole if We are unable to provide a Service or Services.
11.4 You remain liable for any charges which may be owing under this Agreement up to and including the date or termination of this Agreement.
12. General
12.1 Any notice, approval, consent or other communication under this Agreement must be in writing and must be sent to Us or Our duly appointed Agent or Franchise by hand delivery, post, facilities or electronic mail.
12.2 The parties to this Agreement shall not be liable for any delay or failure to perform their obligations, except the obligation to pay any monies validly owing, if that failure or delay is due to any cause or condition beyond the reasonable control of that Party.
12.3 The failure or omission of a Party to enforce or require the strict observance of or compliance with any provision of this Agreement or exercise any election or discretion under this Agreement, shall not operate as a waiver of any of those rights of a party, whether express or implied, arising under this Agreement. A right created under this Agreement may not be waived except signed in writing by the Party granting the waiver.
12.4 We may sub-contract Our performance of this Agreement or any part of it.
12.5 This agreement is governed by the laws of the State of Victoria, Australia.
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