2. THE AGREEMENT
2.1 The agreement
(a) The agreement is made up of:
(i) your application
(ii) these consumer terms
(iii) the service description
(iv) the standard pricing table , and
(v) the appendices.
(b) The agreement is either a fixed-length agreement or non fixed-length agreement .
2.2 When does the agreement apply?
The agreement applies if you are a consumer .
2.3 What happens if there is an inconsistency between the different parts of the agreement ?
(a) If anything in these consumer terms is inconsistent with a provision in another part of the agreement, then unless otherwise stated, the consumer terms prevail to the extent of the inconsistency .
(b) Clause 13 , 'What you and we are liable for', below prevails over all other terms.
2.4 When does the agreement start?
The agreement starts when we accept your application .
2.5When will we start providing the service to you under the agreement ?
We will provide the service to you under the agreement from the service start date .
2.6 For how long will we provide the service to you in accordance with the agreement ?
(a) If the agreement is a non fixed-length agreement , we will provide the service to you in accordance with the agreement until the service is cancelled in accordance with clause 11 , ‘ Cancelling the service ', below.
(b) If the agreement is a fixed-length agreement , we will provide the service to you in accordance with the agreement :
(i) for the minimum term , or
(ii) until the service is cancelled in accordance with clauses 11.1 or 11.3 below, or
(iii) if neither you nor we cancel the service at the end of the minimum term (see clause 2.7 below), until the service is cancelled in accordance with clauses 11.1 to 11.3 below.
2.7 What happens at the end of the minimum term if the agreement is a fixed-length agreement ?
(a) If the agreement is a fixed-length agreement and neither you nor we cancel the service at the end of the minimum term , the agreement becomes a non-fixed length agreement and we will continue to supply the service to you on a month-to-month basis in accordance with the agreement .
(b) If you do not wish to continue to use the service on a month-to-month basis after the end of the minimum term , you must inform us (in accordance with clause 11 , ‘ Cancelling the service ', below) by giving us 30 days notice before the end of the minimum term that you wish to cancel the service at the end of the minimum term .
(c) If we choose not to provide the service to you after the end of the minimum term , we will give you notice of this (in accordance with clause 11 , ‘ Cancelling the service ', below) by giving you 30 days notice before the end of the minimum term .
(d) If we wish to change the terms of the agreement , including any fees or charges, at the end of the minimum term , we will give you notice of this (in accordance with clause 2.8 below) before the end of the minimum term .
2.8 How can we change anything in the agreement ?
Please read this clause carefully.
In some circumstances (paragraphs (b)(iii), (c)(iv), (c)(vi) and (d)(i) below), we give you a right to cancel the agreement if we change it.
If you choose to cancel the service, in addition to paying usage charges or access fees , you may also have to pay us a lump sum amount equal to the outstanding equipment charges .
(a) We can make the following types of changes to the agreement :
(i) we can make any type of change to a fixed length agreement or a non-fixed length agreement if we get your consent to the change
(ii) we can make any type of change to a fixed length agreement or a non-fixed length agreement without your consent provided that we comply with the Telecommunications Legislation by publishing an advertisement in a national newspaper or telling you directly if the change will be detrimental to you; and
Please note that we do not have to publish an advertisement or tell you before making a change that will not be detrimental to you under the Telecommunications Legislation.
If the change is to a fixed length agreement , we may be required to comply with our additional obligations under the agreement set out at (iii) below.
(iii) we can make changes to fixed length agreements provided we comply with our obligations under paragraph (ii) above and our additional obligations under the agreement as follows:
(A) we can make changes to fixed length agreements if the change impacts you and it is not a change of the type listed in paragraph (c) below , however when we do so we must comply with paragraph (b) (by giving you notice and the right to cancel the service – see paragraph (b) below for details);
(B) we can make changes to fixed length agreements even if the change we make impacts you , if the change we make is of the type listed in paragraph (c) below and we comply with any additional notice provisions in paragraph (c) – see paragraph (c) below for details) ; and
(C) we can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. In this case you may have the right to cancel the service under paragraph (d) (see paragraph (d) below for details).
In this clause 2.8, we consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we reasonably consider that the change will have more than a minor detrimental impact on you .
(iv) When we have to give you notice of a change to the agreement under paragraphs (b) or (c) below, we can do so by: delivering notice of the change to you in person, sending it to you by mail; sending it to your email address (if you have agreed to allow us to tell you about changes to the agreement by email); by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain the information.
(b) If the agreement is a fixed-length agreement, subject to paragraph (c) below, we cannot make any changes to the agreement that impact you without:
(i) complying with the provisions of the Telecommunications Legislation,
(ii) giving you 21 days notice in writing of the change before the change occurs, and
(iii) offering you the right to cancel the service (within 42 days from the date of the notice) without incurring fees or charges other than:
(A) usage charges or access fees (incurred to the date on which the service is cancelled , which is the date on which you notify us you wish to cancel the service ), and
(B) any outstanding amounts that cover installation costs or equipment charges (where the equipment can be used in connection with services provided by any third party).
(c) If the agreement is a fixed-length agreement , so long as we comply with the provisions of the Telecommunications Legislation , we can make changes to the agreement even if they impact you , if the change is:
(i) required by law ,
(ii) in relation to the cost of international services or roaming;
(iii) in relation to a fee or charge to account for a tax imposed by law,
(iv) in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee) provided that if the change impacts you we offer you:
(A) use of a reasonable alternative at no fee or charge, or
(B) a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled , which is the date on which you notify us you wish to cancel the service),
(v) to increase the price of a content or premium service (where the supplier who supplies the content service or premium services to us to allow supply of the service increases the price they charge us for the content service or premium service) provided that if the change impacts you we:
(A) give you reasonable notice of the increase in price if you have used the content or premium service within the previous six (6) months, and
(B) allow you to elect to not use the content or premium service without attracting any additional charges,
(vi) as a result of another carrier or service provider varying the agreement we have with it in relation to a carriage service and as a result we need to make changes to the agreement , provided that if the change impacts you we give you :
(A) notice in writing of the change, and
(B) 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than:
(aa) usage charges or access fees (incurred to the date on which the service is cancelled , which is the date on which you notify us you wish to cancel the service ), and
(ab) any outstanding amounts that cover installation costs or equipment charges (where the equipment can be used in connection with services provided by any third party).
(d) If the agreement is a fixed-length agreement , so long as we comply with the provisions of the Telecommunications Legislation relating to standard forms of agreement, we can make changes to the agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph (c) we :
(i) will offer you the right to cancel the service without incurring fees or charges other than:
(A) usage charges or access fees (incurred to the date on which the service is cancelled , which is the date on which you notify us you wish to cancel the service ), and
(B) any outstanding amounts that cover installation costs or equipment charges (where the equipment can be used in connection with services provided by any third party); and
(ii) may offer you an alternative remedy to address the impact the change has had on you.
2.9 How can you change anything in the agreement ?
Unless expressly allowed in the agreement , you cannot make any changes to the agreement without first obtaining our consent.
2.10 Responsibility for persons who you allow to use the service
You must ensure that any person you allow to use the service complies with the agreement as if they were you .
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