IMPORTANT CUSTOMER INFORMATION – YOUR RIGHTS AND OBLIGATIONS

Under the Telecommunications Act 1997, SIMplus Mobile Pty Limited (‘SIMplus’) may contract with its customers either on an individual basis, or by way of a standard form of agreement. SIMplus has elected to supply the iSIM Pre-Paid Mobile Service (the Service) by way of a standard form of agreement (SFOA). This means that the terms and conditions contained in the SFOA documents apply to you. SIMplus may vary its SFOA, including prices and charges, at any time and is not required to give you any prior notice of these changes, unless the change is detrimental to customers. In such cases, SIMplus will publish an advertisement beforehand, in a national daily newspaper or daily newspapers, that provide national coverage when placed together detailing the change, and/or SIMplus may advise you directly.

SUMMARY

This is a summary of the terms and conditions of SIMplus’ SFOA as it relates to the Service. SIMplus must have up-to-date copies available for every customer on their request. This summary is designed to give you information about what the SFOA covers and some of its important terms. However, it is not possible to cover everything in the SFOA in this summary. If you would like more detail about your rights and obligations you should obtain and read a copy of the SFOA. Copies are available from the SIMplus website at http://www.simplus.com.au/SFOA or on request. This summary does not override or change anything in the SFOA.

THE SERVICE: The Service provides you with pre-paid cashless calling using the Optus GSM network for most voice calls made within Australia. The Service works like normal mobile service, except that you credit your account in advance and recharge it as the current credit is used up. Other than in respect of the purchasethe purchase of your Starter Pack, you are sent no bills, invoices or statements. You are however able to view your call usage records online at http://www.isim.com.au/. The Service can be used to make calls to most local, national, international, mobile, 13, 1300, 1800 and other numbers as specified.  See SFOA for details.  The Service is not available in all areas of Australia.  On request, SIMplus will provide you with coverage maps.  SIMplus cannot promise that the Service is provided without fault or interruption.

STARTER PACK:  A Starter Pack is required to use the Service, which you can only purchase by visiting http://www.isim.com.au/. The Starter Pack will include a SIM Card and a handset (if applicable) and this will be delivered to the address you specify in your application.

USE OF THE SERVICE:  Once you have received your Starter Pack, you will need to activate the Service.  You must have an active e-mail address in order to maintain the service and to to activate the Service, you will need to visit http://www.isim.com.au/. Until you activate the service, the Service will be limited to calls to emergency services.  If not activated within 3 months of the date of purchase of your Starter Pack, the Service may be cancelled and your mobile telephone number withdrawn.  Your SIM is ready to use once you have activated your Service, the network has registered your SIM and your SIM has been inserted into your handset.

iSIM RECHARGE SERVICE:  You can use the iSIM Recharge Service to recharge or add to the credits on the Service by visiting http://www.isim.com.au/ or contacting 1300 364 711. To use the iSIM Recharge Service, you must first register your credit card at http://www.isim.com.au/.  Any amount recharged must be used within 186 days of the date of recharge or it will expire.  SIMplus will not refund any expired call credits.  Instructions on how to use the iSIM Recharge Service are available on www.isim.com.au.

SIM CARDS:  The iSIM SIM Card (SIM) remains the property of SIMplus at all times, but you are responsible for it.  We may ask you to return this card, at your cost, if you have been given a replacement or your service has been cancelled.

CHARGES:  You will be responsible for paying the charges set out in the Standard Pricing Table of the SFOA.  You will pay call charges based on a combination of airtime, time of call, destination of call and call type.  You will not be charged for unsuccessful calls (eg. the number you call is engaged or unanswered).  There are no application fees or monthly service charges.  Charges for out going calls using the Service are generally based on 1 second intervals from when the number you call is answered and are rounded up to the nearest cent.  Some calls may be charged on a per call or data usage basis.  International calls include an initial charge (flag fall) per call.  If you would like further details about charges for particular types of calls, please see the Standard Pricing Table at www.isim.com.au or e-mail us on help@isim.com.au.  

SIMplus may offer promotions or offers in connection with the Service (Special).  If you validly accept a Special, the price and terms of the Special will prevail over those otherwise applicable under the Agreement for the duration of the Special.  After the Special expires, SIMplus may end the Special pricing and terms.

MINIMUM CREDIT - THE TWO PERIODS: As a minimum you must add the smallest denomination Recharge amount which can be used to purchase credit for the Service at least every Call Credit Validity Period of 186 days (Minimum Credit requirement).  This requirement applies whether or not the Service currently has available credits.  If you do not add at least the Minimum Credit requirement within the Call Credit Validity Period, you:

• lose all remaining credits on the SIM, without any refund or credit; and
  
• will only be able to call emergency services or the iSIM Recharge Service number 1300 364 711, but will be able to receive calls for the Additional Period.

If you do not add at least the Minimum Credit requirement during the Additional Period, the Service will be terminated.  Each time credits are added, a fresh Call Credit Validity Period begins.  If unused call credits are exhausted before expiry of the Call Credit Validity Period, the Additional Period commences at the expiration of the Call Credit Validity Period.  If all credits are used up you have the Additional Period in which to add additional credit or the Service will be terminated.  Call credits are not transferable or redeemable for cash.  SIMplus reserves the right to send recharge reminder messages via SMS (Short Text Messaging) or Recorded Voice Announcement to the Service at regular intervals.

MANAGING YOUR iSIM PRE-PAID MOBILE ACCOUNT: When there is $2 balance on your account, you will be notified via SMS.  If your Service is in use when your balance falls below $2, you will be sent an SMS once you have finished your call.  If the credits are exhausted during the course of this call, the call will automatically cut out without further warning

You may recharge any amount between $10 and $100 per transaction per day, subject to a maximum amount of $200 per Service per month.  SIMplus reserves the right to change the maximum recharge amount.  Subject to the above, you can elect to automatically recharge an amount specified by you on a certain day each month, or when your call credit balance reaches a certain amount.  When using this service, you should allow yourself sufficient call credit balance to cover call usage for at least 72 hours in case of delays in adding call credits.

TAXES:  SIMplus will charge you for taxes, including any GST for supplies made in connection with the Service.  GST is included in the call charges in the rate plan.

PRIVACY AND PERSONAL INFORMATION:  SIMplus may:

• collect, use and disclose your personal information to a credit reporting agency, including your name, current and previous addresses, date of birth, employer, driver’s licence number, service number, and your personal and commercial credit information or credit rating;
  
• use this information to consider your application for personal and commercial credit, the Service or other services offered by SIMplus or its related companies.  SIMplus may also use this information for purposes related to the supply of the Service and to provide you with information about promotions, as well as the products and services of its related companies and other organisations.  You can opt out of receiving marketing information by  e-mailing help@isim.com.au; and
  
• use this information for the above purposes to or from credit reporting agencies or credit providers, another related company, unrelated third parties, suppliers and joint venture partners.

SIMplus may be required or permitted by law to collect, use or disclose personal information about you; including, to the operator of the Integrated Public Number Database, or to law enforcement agencies. You may access your personal information and seek to make any updates by contacting SIMplus by e-mailing help@isim.com.au. Further privacy information is available from the SIMplus Privacy Policy at http://www.simplus.com.au/ or isim.com.au.

CANCELLATION:  SIMplus may immediately cancel the Service in a variety of circumstances, including: if, there are reasonable grounds to suspect that you provided incorrect information to activate the Service; there has been fraud or misuse by you in relation to the Service; you transfer your SIM to another party without obtaining SIMplus’ consent to do so; or you breach the terms of the SFOA.  You may cancel the Service if SIMplus breaches the terms of the SFOA.  Upon cancellation, you must promptly return the SIM to SIMplus.

LIABILITY:  SIMplus accepts liability to you in connection with the SFOA and the supply or interruption of the Service only to the extent provided in the SFOA.  SIMplus accepts liability to you in accordance with the Trade Practices Act and other laws.  Subject to the above, SIMplus does not accept liability to you for consequential loss and limits its liability to $5M per incident or series of connected incidents except in respect of personal injury or death.  

NUMBERS: SIMplus provides (and may change) telephone numbers in accordance with the numbering plan and any numbering instruments issued pursuant to the Telecommunications Act.  Subject to these requirements, SIMplus issues a number to you at the time it agrees to provide service to you on that number.  However, SIMplus is not liable to you for any required changes to telephone numbers, IP addresses or domain names.  On termination of supply of the service, your right to use any such number, address or name may cease.

FAULT REPORTING: You must promptly report any faults in relation to your Service to SIMplus by e-mailing help@isim.com.au and you must provide all necessary assistance to enable location and repair of any Service faults.  SIMplus may charge you for any costs incurred by it to investigate a fault, if that fault turns out to be caused by you or your equipment. 

COMPLAINTS AND DISPUTES: You may complain in writing by e-mailing a SIMplus customer service representative on help@isim.com.au.  SIMplus will comply with its consumer complaints procedure (and provide you with a copy on request) in endeavouring to resolve your complaint.  The Telecommunications Industry Ombudsman (TIO) can also resolve disputes between telecommunication companies and their customers.  The TIO is an independent body that provides a free service. TIO describes itself as an office of last resort. It only takes up a complaint if the customer has first tried to resolve it with the relevant company.  The Office of Fair Trading (or similar) in your State or Territory may also investigate consumer complaints.

COMMISSION:  SIMplus may pay commission to any person including any SIMplus dealer or retailer who introduces you to SIMplus.

LOST OR STOLEN HANDSETS: You should e-mail SIMplus on help@isim.com.au immediately upon loss or theft of your handset.  If your handset is lost or stolen, (a) you may e-mail help@isim.com.au to request that your SIM and/or handset be blocked. This will prevent unauthorised calls being made on your service and will prevent your handset being used on the Optus Network; (b) if you obtain a handset that is lost or stolen, SIMplus may block your handset without your consent or notice to you even if you are not aware it is stolen; (c) if you obtain a handset and service from SIMplus using false personal details or fraud of any kind, SIMplus may block the handset without your consent or notice to you; (d) in the event SIMplus blocks or unblocks your handset on the Optus network, this will be communicated to other national carriers to effect on their network.

PRICING PROMOTIONS

Please view the relevant Standard Pricing Table at www.isim.com.au or e-mail help@isim.com.au to request our latest pricing promotions.

SERVICE FEATURES:  Various service features are available to you based on the service features that you select when you apply for the Service.  These service features include Caller ID, Voice Mail, SMS, SMS Chat, SMS Games, 124YES, Optus Zoo, GPRS WAP, MMS and various mobile games and applications.  If you switch your mobile number from SIMplus to another provider, any value-added service, such as Voice Mail or GPRS WAP, will be unavailable. This means any GPRS WAP settings on your handset may be lost.

Caller ID:  All new prepaid mobile handsets are provisioned with the Caller ID functionality, which is activated permanently for all calls. If you wish to remove Caller ID permanently, you should e-mail help@isim.com.au.

SMS: SMS messages are charged per message sent (up to 160 characters) regardless of successful delivery or not. It may take up to eight days from the date the SMS message was sent for message charges to be applied.

Optus Zoo is only available to SIMplus iSIM Pre-Paid customers on selected handsets. You should check with your handset manufacturer whether your phone is compatible. You will be charged the call cost if you attempt to download to an incompatible handset.

GPRS WAP is available if you have a GPRS WAP compatible mobile phone or device.

• Optus and SIMplus will endeavour to provide current, accurate information but make no warranty regarding the currency or accuracy of any information provided to you as part of the GPRS WAP service.
  
•  The GPRS WAP service in whole or part may be suspended, changed or terminated at any time without notice.  
  
• You  indemnifyYou indemnify Optus and SIMplus against any loss or damage suffered or incurred directly or indirectly, as a result of your reliance upon any information received on the GPRS WAP service. 
  
• AAP content may only be used for personal and non-commercial purposes by customers and not otherwise copied, published, republished, re-distributed, re-communicated or otherwise commercially exploited in any form or by any method whatsoever by GPRS WAP customers. For the avoidance of doubt this prohibition includes framing, linking, posting in news groups and any other form of copying by persons other than as approved by AAP.

MMS and Email MMS:  are only available if you have an MMS compatible handset that is activated for MMS.

•  MMS is charged per message sent per recipient and Email MMS is charged per message sent (one message can be sent to multiple recipients).  Charges are applied regardless of successful delivery or not.

If an MMS message is sent to a mobile handset or network that is not MMS enabled or compatible, the message recipient will be sent an SMS message with details of how to access MMS message from the Optus Zoo website.  You will still be charged for sending an MMS. Neither Optus or SIMplus accept any liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not received.  Special warranty and indemnity conditions apply.  MMS may be suspended, changed or terminated without notice.

Mobile Games and Applications

Mobile Games and Applications are only available if you have a Java compatible handset.  The download cost for Mobile Games and Applications will vary for each particular game or application you choose.  GPRS WAP usage charges at standard GPRS WAP rates also apply. The download cost of the Mobile Game or Application will be charged upon successful download onto your mobile phone. If the download fails, the download cost for that Mobile Game or Application will not be charged but you will still be charged for the GPRS WAP usage.

OPTUS FAIR GO POLICY and DATA ACCEPTABLE USER POLICY

The Optus Fair Go Policy applies to services where you can send or receive text or multimedia messages (eg SMS, Optus MMS, Optus Zoo etc). To ensure the availability of services to all eligible customers, Optus may request excessive users to reduce their use (outgoing or incoming messages, or uploading or downloading of data).  If usage continues at an excessive level,  you, you may have your access to these services suspended or cancelled.

The Data Acceptable User Policy also applies if you use any web services (eg Web SMS, Web MMS,  Optus, Optus Zoo etc).

A full copy of the Optus Fair Go Policy (which incorporates the Data Acceptable User Policy) is available at Appendix 4 of the SFOA at www.isim.com.au