CONSUMER TERMS
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PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE IMPORTANT CONSEQUENCES FOR YOU.
1.ABOUT THESE CONSUMER TERMS
2.THE AGREEMENT
2.1The agreement
2.2When does the agreement apply?
2.3What happens if there is an inconsistency between the different parts of the agreement?
2.4When does the agreement start?
2.5When will we start providing the service to you under the agreement?
2.6For how long will we provide the service to you in accordance with the agreement?
2.7What happens at the end of the minimum term if the agreement is a fixed-length agreement?
2.8Responsibility for persons who you allow to use the service
2.9Bundled offer
2ACHANGING THE AGREEMENT?
2A.1When can we make changes to fixed length or non fixed length agreements?
2A.2What must we do if we make changes to fixed length agreements?
2A.3When do we consider that a change will impact you?
2A.4What do we mean by notice in writing?
2A.5What do we mean by fair terms?
2A.6Changes that we can make to fixed length agreements, even if the change impacts you.
2A.7Changes that are likely to benefit you or have a neutral or minor detrimental impact on you
2A.8How can you change anything in the agreement?
3.YOUR APPLICATION FOR THE SUPPLY OF THE SERVICE
3.1What is the service?
3.2When may we refuse your application?
4.HOW WE DEAL WITH YOUR PERSONAL INFORMATION
4.1Collection, use and disclosure
5.USING THE SERVICE
5.1Connecting the service
5.2Quality of the service
5.2ABlocking Calls
5.3Permitted uses of the service
5.4Unusually high use
5.5Compliance with third party rules
6.EQUIPMENT
6.1What are your responsibilities in relation to equipment?
6.2Who owns the equipment?
6.3Installation of the equipment
6.4Maintenance and repair of any Optus owned equipment
6.5Lost, stolen and damaged equipment
7.NETWORK MAINTENANCE, FAULT REPORTING AND RECTIFICATION
7.1Maintenance on the network used to supply the service
7.2Reporting faults
7.3Assisting us in investigating and repairing a fault
7.4Our responsibility for repairing faults
7.5Loss of access
8.FEES AND CHARGES
8.1What are the fees and charges for using the service?
8.2Types of fees and charges (including administration charges and other charges)
8.3How do we calculate fees and charges?
8.4Specials
8.5Variable charges
9.BILLING AND PAYMENTS
9.1How often will we bill you?
9.2Electronic billing (My Account online bill)
9.3What will appear on your bill?
9.4We may use a billing agent to bill you
9.5What types of payment methods may you use?
9.6When must you pay your bill?
9.7What happens if you do not pay your bill by the due date?
9.8What happens if you have overpaid as a result of a billing error?
9.9Taxes (including GST)
10.COMPLAINTS AND DISPUTES
10.1Making complaints
10.2Suspension of payment obligations
10.2AFinancial Hardship Policy
10.3Complaints about loss of access to the service
11.CANCELLING THE SERVICE
11.1Your right to cancel the service
11.2Our right to cancel the service - non fixed-length agreement
11.3Our right to cancel the service - non fixed-length agreement and fixed-length agreement
11.4How can youcancel the service?
11.5When will the service be cancelled?
11.6What happens when the service is cancelled?
12.SUSPENDING THE SERVICE
12.1Our rights to suspend the service
12.2What happens when the service is suspended
13.WHAT ARE YOU AND WE LIABLE FOR
13.1Your liability to us
13.2Our liability to you
14.ASSIGNING THE AGREEMENT TO A THIRD PARTY
14.1How can we assign our responsibilities to a third party
14.2How can you assign your responsibilities to a third party
15.GENERAL
15.1Which laws and courts govern the agreement?
15.2Intellectual property protections
15.3What happens if you can't fulfil your obligations or we can't fulfil our obligations under the agreement because of an event outside your or our control?
15.4What happens if you become a carrier or carriage service provider?
15.5When do we waive a right we have under the agreement?
15.6Payment of commission by us
15.7Information about your rights
16.WHAT DO TERMS IN THE AGREEMENT MEAN?
16.1Definitions
16.2Interpretation
Optus’ Consumer TermsPage| 126 April 2018
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE IMPORTANT CONSEQUENCES FOR YOU.
1.ABOUT THESE CONSUMER TERMS
(a)These are Optus' Consumer Terms. They set out our standard customer terms for consumers.
(b)The meaning of the words printed like this is set out at the end of the consumer terms.
(c)These consumer terms, together with your application, the service description, the standard pricing table and the appendices, forms the agreement with us. To understand your rights and obligations you need to read all of the documents that relate to you and the service you select.
(d)The service description is a detailed description of each of the services Optus offers, including the different features, options and availability of a service.
(e)The standard pricing table sets out the fees or charges we may charge you for your use of the service. It also contains other information such as eligibility criteria and specific details of any pricing plans and some specials we offer. Please check the standard pricing table carefully to see what fees and charges apply to your use of the service.
(f)The appendices contain further information that may apply to your use of the service, such as details of certain call charges, our usage policies and some specials. The service description or standard pricing table will refer you to an appendix if it is relevant to your use of the service.
(g)You may obtain a copy of the latest version of the consumer terms, service description, standard pricing table and appendices from us or on our website:
2.THEAGREEMENT
2.1The agreement
(a)The agreement is made up of:
(i)yourapplication,
(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 agreementor non fixed-length agreement.
2.2When does the agreement apply?
The agreement applies if you are a consumer.
2.3What 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.
2.4When does the agreement start?
The agreement starts when we accept your application.
2.5When will we start providing the serviceto you under the agreement?
We will provide the serviceto you under the agreement from theservice start date.
2.6For how long will we provide the serviceto you in accordance with the agreement?
(a)If the agreement is a non fixed-length agreement, we will provide the serviceto you in accordance with the agreement until the serviceis cancelled in accordance with clause 11, 'Cancelling the service', below.
(b)If the agreement is a fixed-length agreement, we will provide the serviceto you in accordance with the agreement:
(i)for the minimum term, or
(ii)until the serviceis cancelled in accordance with clauses 11.1 or 11.3 below, or
(iii)if neither you nor we cancel the serviceat the end of the minimum term (see clause 2.7 below), until the serviceis cancelled in accordance with clauses 11.1 to 11.3 below.
2.7What happens at the end of the minimum term if the agreement is a fixed-length agreement?
(a)If the agreement is a fixed-length agreementand neither you nor we cancel the serviceat the end of the minimum term, the agreement becomes a non-fixed length agreement and we will continue to supply the serviceto you on a month-to-month basis in accordance with the agreement.
(b)If you do not wish to continue to use the serviceon 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 serviceat the end of the minimum term.
(c)If we choose not to provide the serviceto 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 2A below) before the end of the minimum term.
2.8Responsibility for persons who you allow to use the service
You must ensure that any person you allow to use the servicecomplies with the agreement as if they were you.
2.9Bundled offer
(a)You must remain connected to allservices in abundled offer to receive any applicable:
(i)bundled offer pricing plan for the selected services; or
(ii)bundled offer discount for the selected services.
(b)If you cancel a component of a service in a bundled offer then for each remaining servicewe may:
(i)remove any bundled offer discount being applied to your remaining service; and
(ii)changeyour remaining service onto the closest alternative current pricing plan; or
(iii)cancel your remaining service if there are technical, operational or commercial constraints on us that prevent us from continuing to supply you the remaining service.
(c)If you cancel a service in a bundled offer during the minimum term, subject to clause 2A:
(i)wemay requireyou to pay us the cancellation fee for that service; and
(ii)you may also need to pay unpaid equipment charges(plushandset or device credits) as set out in the pricing plan.
2ACHANGING THEAGREEMENT?
2A.1When can we make changes to fixed length or non fixed length agreements?
We can make any type of change to a fixed-length agreement or a non-fixed length agreement if:
(a)the change will benefit or will not adversely affect you;
(b)you agree to the change; or
(c)we:
(i)reasonably expect the change to adversely affect you; and
(ii)give you reasonable notice of the change; and,
(iii)if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below.
2A.2What must we do if we make changes to fixed length agreements?
(a)Generally, if we make a change to a fixed length agreement which impacts you and clauses 2A.6 or 2A.7 below do not apply, we must give you notice in writing of the change on fair terms and the right to cancel the service.
(b)If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7.
2A.3When do we consider that a change will impact you?
We consider that a change will impact you if you have used or been billed for the serviceaffected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you.
2A.4What do we mean by notice in writing?
When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or 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, and/or if it is reasonable to do so bymaking the information available on our website ( at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change.
2A.5What do we mean by fair terms?
(a)When we have to give you notice of a change, we will:
(i)give you 21 days notice in writing of the change before the change occurs, and
(ii)offer you the right to cancel the servicewithin 42 days from the date of our notice in writing.
(b)If you choose to cancel the serviceunder clause 2A.5(a)(ii) above,
(i)we will cancel the serviceon the date on which you notify us that you wish to cancel the service(which must be within 42 days from the date of our notice in writing)
(ii)you will only have to pay
(A)your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and
(B)any outstanding amounts that cover (as applicable) installation costs, orequipmentcharges (in relation to equipment that can be used in connection with services provided by any third party). However, if you are a mobile equipment lease plan customer, youcan return the mobile device to us(without charge), although youwill have to pay an additional amount if youdo not return the mobile device to us in good working order as set out in Appendix DDD. If you wish to keep the mobile device leased to you under a mobile equipment lease plan, then you must pay us the fair market value of the mobile device, which will be advised to you at the time of cancellation.
(c)If you have overpaid for the servicebecause
(i)the serviceis cancelled during a billing cycle; or
(ii)the change related to a price increase that became effective prior to the date your servicewas cancelled
thenyouraccount (ifyou continue to have any account with us) will be credited with the amountyou have overpaid, or ifyou have stopped obtaining the service,wewill use reasonable endeavours to notifyyou thatyou have overpaid and refund the overpayment.
(d)If you choose to cancel the service under clause2A.5(a)(ii) above, we will refund you on a pro rata basis for the remainder of your fixed-lengthagreement, the upfront costs which you incurred at the commencement of your fixed-lengthagreementfor:
(i)installation costs or establishment fees charged by us to install the service; and
(ii)equipment purchased from us.
2A.6Changes that we can make to fixed length agreements, even if the change impacts you.
(a)If the agreement is a fixed-length agreement, we can make changes to the agreement even if they impact you,
(i)if the change is in relation to the cost of internationalservices or roaming, where we are passing on a change in the cost charged to us by a supplier of those internationalcarriageservices or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and will publish the current charges on our website. Before you travel overseas you should contact us or see our website for indicative pricing. Go to or call Customer Service for further information;
(ii)if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change.
We would consider it fair and reasonable for us to make a change to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty.We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the serviceto you.
(iii)if the change is to our Fair Go Policy and is reasonably necessary in order to protect our legitimate interests.
Our Fair Go Policy is designed to allow us to offer you the best possible service and rates. We would consider it fair and reasonable for us to make a change to our Fair Go Policy if such a change was necessary to address instances where customers seek to abuse this (for example SIM boxing).(b)If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is in relation to a fee or charge for aserviceancillary to the supply of the service(for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you:
(i)use of a reasonable alternative at no fee or charge, or
(ii)a right to cancel the servicewithout incurring fees or charges other than usage charges and access fees (incurred to the date on which the serviceis cancelled, which is the date on which you notify us you wish to cancel the service),
(c)If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium component of the service(where we are passing on an increase in the cost charged to us by the supplier who supplies that content serviceor premiumserviceto us. If the change impacts you we will:
(i)wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium servicewithin the previous six (6) months, and
(ii)allow you to elect to not use the content or premiumservicewithout attracting any additional charges,
(d)If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier orserviceprovider varying theiragreementwith us so that we need to make changes to the agreement. If the change impacts you we will:
(i)whenever possible, still try to give you at least 21 days notice in writing of the change, and
(ii)otherwise give you 42 days from the date of the notice in which you may cancel theserviceon fair terms.
(e)If you choose to cancel the service under clause 2A.6(b) or (d) above then the provisions of clause 2A.5(b) apply to that cancellation.
(f)If the agreement is a fixed-length agreement for the Optus Telephony service or the Optus Internet service, we can make changes to your pricing plan as a result of a change in the service category or access method for yourservice. If we make any such change, we must comply with our obligations under with clause 3 (Changing the service category) of the Optus Telephony Service Description and clause 2.3 (Changing the access method) of the Optus Internet Service Description.
In the telecommunications industry, technology is changing constantly. As a result, this means, for example, that if there is a change to the technology used to give access to the Internet, we can change the agreement so that we can continue to supply an Internet serviceto you via an alternative access method (such as the NBN) with minimum inconvenience.
2A.7Changes that are likely to benefit you or have a neutral or minor detrimental impact on you
(a)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.
(b)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 2A.6we: