16 WHAT DO TERMS IN THE AGREEMENT MEAN?
16.1 Definitions
access fee means the fixed payment for access to the service payable on a regular basis (often monthly). The access fee is payable regardless of the actual usage of the service . A minimum monthly charge and minimum monthly service charge are also access fees .
agreement means the terms and conditions on which we supply the service to you.
appendices means the appendices containing information relevant to the service .
application means the part of the agreement which is the written or verbal application you complete to request that we supply the service to you .
cancel the service means that the service is cancelled and the agreement is terminated.
cancel the service for convenience means to cancel the service in circumstances where you have not breached the agreement and there is no other event which triggers the right to cancel the service .
cancellation date means:
(a) the date 30 days after you notify us that you wish to cancel the service , unless we agree otherwise,
(b) the date at least 30 days after we notify you that we will be cancelling the service , or
(c) as otherwise set out in the agreement .
cancellation fee means the cancellation fee or termination charge which may be payable on cancellation of the service . Unless otherwise indicated in the service description , any cancellation fee payable is set out in the standard pricing table .
churn means to change from having a service supplied by one carrier or carriage service provider to having the service supplied by another carrier or carriage service provider .
consequential loss means any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator and any loss that is an indirect loss .
consumer means a person who acquires and uses the service for personal, domestic or household use only.
consumer terms means this document.
content means:
(a) all forms of information, including text, pictures, animations, video, sound recordings, software, separately or combined, and
(b) any content service ,
sent and received across a network . For the avoidance of doubt, content includes, but is not limited to, SMS and MMS.
credit rating means information about your credit worthiness, credit standing, credit history or credit capacity that credit providers are entitled to give to each other under the Privacy Act 1998 (Cth).
equipment charges means any payment for equipment obtained from us including, for example, phones or modems and includes the cost of any software or licences supplied to operate in conjunction with that equipment.
excluded event means:
(a) a breach of the agreement by you ,
(b) a negligent or fraudulent act or omission by you or any of your personnel , or
(c) a failure of any of your equipment.
fixed-length agreement means an agreement that has a minimum term , during which time neither you nor we are free to change the terms of the agreement or to cancel the service , other than as specifically provided for in the agreement . A fixed-length agreement does not include a month-to-month agreement.
insolvency event means:
(a) bankruptcy proceedings are commenced against you , or you are declared bankrupt,
(b) any step is taken to enter into any scheme of arrangement between you and your creditors,
(c) any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of your assets or business,
(d) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person to you or to the whole or any part of your assets or business,
(e) you suspend payment of your debts generally, or
(f) you are, or become, unable to pay your debts when they are due or you are, or are presumed to be, insolvent for the purposes of any provision of the Corporations Act 2001 (Cth).
intellectual property rights means any intellectual or industrial property rights (including any registered or unregistered trademarks, patents, designs, or copyright).
intervening event is an event outside your or our reasonable control which interferes with the operation of the network we use to supply the service and results in ongoing disruption to the service . An intervening event includes failure of any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake, accident, war, the change or introduction of any law or regulation (including the Telecommunications Legislation ) or an act or omission of any third party or any failure of any equipment owned or operated by any third party (including any regulator , any supplier or any of their personnel ).
minimum term means the period of time for which you have agreed to receive the service under a fixed-length agreement. The minimum term begins on the service start date and runs for the period of time stated on the application , unless otherwise set out in the agreement . For a non fixed-length agreement , there is no minimum term .
loss means any loss, cost, liability or damage, including reasonable legal costs.
network means any interconnected telecommunications equipment, facilities, or cabling.
non fixed-length agreement means an agreement that does not have a minimum term , or a fixed-length agreement where the minimum term has expired. A non fixed-length agreement includes a month-to-month agreement.
PPS group company means Singapore Telecommunications Limited (ARBN 096 701 567) and each of its related corporations .
PPS network means the PPS network used to supply the service , as set out in the service description .
PPS owned equipment means any equipment or cabling we , or our personnel , may provide or lease to you to use in connection with the service.
personal information means information about you from which your identity is apparent or can reasonably be ascertained. Personal information includes your name, address and other details, and your personal or commercial credit rating .
personnel of a person means that person's employees, agents, contractors or other representatives and, in the case of us , includes the employees, agents, contractors or other representatives of any PPS group company .
premises means locations:
(a) at which we supply the service , and/or
(b) to which we need to have access to supply the service .
pricing plan contains information about the terms and conditions and prices of the plan you have selected in your application. You may also hear a pricing plan referred to as a ‘rate plan'.
regulator means the Australian Communications Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman or any other relevant government or statutory body or authority.
related corporation of a company means another company that is related to that entity in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).
roaming means the ability to use the network of overseas mobile carriers when travelling overseas.
service means the service, with the features requested in the application as described in the service description , and any related goods (including equipment) and ancillary services which we supply to you in connection with that service.
service description means the part of the agreement entitled ' service description ', which is our standard service description for consumers describing the service .
service start date for the service means the date on which we start supplying that service to you , unless otherwise specified in the service description.
special means a special promotion or offer made by us in connection with the service .
standard pricing table means the part of the agreement entitled ' standard pricing table ', which is our standard rate plan, pricing and charges list for consumers for the service .
supplier means any supplier of goods or services (including interconnection services) which are used directly or indirectly by us to supply the service to you . Where a supplier supplies goods or services to you directly, that supplier is not acting in its capacity as supplier , but rather is a third party providing services directly to you .
tax means any value-added or goods and services tax, withholding tax, charge (and associated penalty or interest), rate, duty or impost imposed by any authority at any time but does not include any taxes on income or capital gains.
Telecommunications Legislation means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provision of the Trade Practices Act .
Trade Practices Act means the Trade Practices Act 1974 (Cth).
you means the person who fills out the application (and your and yours is to be construed accordingly). Only one person may fill out the application .
we means the PPS group company specified in the service description as supplying the service (and us and ours is to be construed accordingly).
unusually high use means high out of pattern usage of the service on a short term basis or a sustained high usage which exceeds the general average usage of customers on a similar pricing plan or who have accepted a similar special .
16.2 Interpretation
(a) The following words have the same means in the agreement as they have in the Telecommunications Legislation :
(i) carriage service ,
(ii) carriage service provider ,
(iii) carrier ,
(iv) content service , and
(v) facility.
(b) A term which is defined in any part of the agreement has the same meaning in every other part of the agreement .
(c) The singular includes the plural and vice versa.
(d) Different grammatical forms of the same word(s) have the same meaning.
(e) Examples or words of inclusion are illustrative only and do not limit what else might be included.
(f) A reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
(g) A reference to A$, $A, dollar or $ is to Australian currency, unless otherwise stated.
Back to contents of Consumer Terms
 |
Don't have Acrobat Reader?
Click on link and you will be redirected to www.adobe.com for Acrobat Reader download |
|
