11 CANCELLING THE SERVICE
11.1 Your right to cancel the service
(a) You may cancel the service at any time by:
(i) giving us 30 days notice (please note that you are required to give us this notice if you do not wish to continue to use the service after the end of the minimum term of a fixed-length agreement , otherwise we will continue to supply the service to you – see clause 2.7(b), or
(ii) giving us notice, if:
(A) we breach a material term of the agreement and we cannot remedy that breach, or
(B) we breach a material term of the agreement and we can remedy that breach, but we do not remedy that breach within 30 days after you give us notice requiring us to do so.
(b) If you acquire the service from us through a sales method regulated by door-to-door sales legislation in your state or territory, you may cancel the service before the end of the cooling-off period set out in the relevant legislation.
(c) If the agreement is a fixed-length agreement, you may also cancel the service in accordance with clause 2.8. Clause 2.8 sets out the circumstances which give you the right to cancel the service if we change the agreement .
11.2 Our right to cancel the service - non fixed-length agreement
If the agreement is a non fixed-length agreement, we may cancel the service at any time by giving you at least 30 days notice.
11.3 Our right to cancel the service - non fixed-length agreement and fixed-length agreement
(a) We may cancel the service at any time, without liability, if:
(i) there is an emergency,
(ii) we reasonably suspect fraud by you or any other person in connection with the service ,
(iii) any amount owing to us in respect of the service is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within ten (10) business days after we give you that notice, unless otherwise set out in the agreement ,
(iv) we reasonably consider you a credit risk because you have not paid amounts owing to us or any PPS group company in respect of any service by its due date and you are given notice requiring payment of that amount by that PPS group company and you fail to pay that amount in full within the required period,
(v) you breach a material term of the agreement (including for the avoidance of doubt, but not limited to, clauses 5.1 and 5.3 or your obligations relating to the use of the service set out in the service description or otherwise misuse either the service (for example in breach of the PPS Mobile Fair Go™ Policy) or breach clause 6.1 ) and you cannot remedy that breach,
(vi) you breach a material term of the agreement (other than a breach which separately gives rise to rights under this clause) (including for the avoidance of doubt, but not limited to, clauses 5.1 and 5.3 or your obligations relating to the use of the service set out in the service description or otherwise misuse either the service (for example in breach of the PPS Mobile Fair Go™ Policy) or breach clause 6.1 ) and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(vii) we are required to do so to comply with an order, instruction, request or notice of a regulator , an emergency services organisation, any other competent authority or by authorisation of or under law (for example, under the Copyright Act 1968 (Cth)),
(viii) you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due,
(ix) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due,
(x) the service is suspended for more than 14 days, unless otherwise set out in the agreement ,
(xi) any intervening event prevents the supply of the service in accordance with the agreement for more than 14 days, or
(xii) we are otherwise entitled to do so under the agreement .
(b) We may cancel the service under paragraph (a) above as soon as we give you notice, unless otherwise set out in the agreement . However, we may cancel the service immediately if there is an emergency.
11.4 How can you cancel the service?
(a) You can ask us to cancel the service by calling us . Your call will be notice to cancel the service .
(b) You may also be able to cancel the service by electing to have an equivalent service to the service supplied by another carrier or carriage service provider (including, by churning ). That carrier or carriage service provider will inform us that you have elected to have the relevant service supplied by them or have churned to them and we will cancel the service immediately.
11.5 When will the service be cancelled?
The service will be cancelled on the cancellation date . You will not be able to use the service after the cancellation date .
11.6 What happens when the service is cancelled?
(a) The agreement terminates when the service is cancelled .
(b) If the service is cancelled :
(i) you are liable for any charges incurred (including the cancellation fee , and outstanding equipment charges if any) up to, and including, the cancellation date ( you should check the service description and standard pricing table for your service for details of any applicable cancellation fee ),
(ii) you authorise us to apply any over payment on your account and/or money that you have paid in advance for the service which is being cancelled to pay for any undisputed outstanding charges (including the cancellation fee , if any),
(iii) subject to paragraph (ii) above and unless otherwise set out in the service description (for example we may not refund or redeem for cash any unused prepaid credits on a pre-paid service), we will refund any over payment on your account and any money that you have paid in advance for the service which is being cancelled on a pro-rata basis to you , and
(iv) if you are required under the service description to pay for the service by direct debit payment (either from your credit card or from your nominated bank account), you authorise us to debit any undisputed outstanding charges (including any cancellation fee , if any) from your credit card or bank account.
(c) If the service is cancelled as a result of circumstances reasonably attributable to you :
(i) before the service start date , you must pay us all infrastructure and installation costs incurred by us in connection with preparations for supplying the service to you , and
(ii) during the minimum term , subject to clause 2.8 , you must pay us the cancellation fee .
(d) If you wish to reinstate the service you should contact us. If the service is cancelled as a result of circumstances reasonably attributable to you and we reinstate the service , then you may have to pay us a reconnection or reactivation fee.
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