Introduction This document states the standard terms and conditions for the supply and use of the Telsim mobile telephone service. The documents that form this agreement are Application Form(made over the internet, by telephone or on a paper), Website Terms and Conditions and Price Table as mentioned in the Critical Information Summaries. Telsim is a division of E.Tel Communications Pty Ltd ABN 84 075 084 329.
An agreement is made between a Customer and Telsim when a Customer registers or activates an Account, uses our services, and we will provide access to the Network as soon as we can so that provision of the services can start. The service can be cancelled at any time, and this Agreement will come to an end as soon as the terminating party’s remaining obligations are met. If you acquire more than one service from Telsim, then each service will be provided under the terms and conditions of the standard form of agreement for that service.
Changing the contract
- Telsim may change the contract by complying with telecommunications legislation and, in those circumstances set out in the agreement only. Telsim retain the right to change your plan if we seem it will be favorable to our clients.
- Telsim will give you at least 21 days’ notice by mail before we make a change to the contract. Telsim can change the Agreement without telling you about a reduction in price for any part of the service, or if a new service function becomes available.
Collecting and using Personal Details
- Telsim may gather personal details directly from you, from our own records, or from a contact detail of third parties. Telsim may not be able to supply the products or provide you with services until and unless you share your personal details for our future references. Telsim will deliver our products or services to you efficiently and to the best of our ability.
- Telsim may gather personal details directly from you, from our own records, or from a contact detail of third parties. Telsim may gather details from various sources such as your contact us via telephone, e-mail, fill in application forms and products purchased from Telsim. We may collect personal information from third parties such as credit reporting agencies, government agencies and sources that are publicly available
- These Terms and conditions are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State. Telsim acknowledges and respects the privacy of our valued customers and is committed to handling your personal details in line with the Privacy Act 1988. Please go to telsim.com.au/legals or contact us for detailed report on our Terms and Conditions.
Using the service
- To ensure that every customer has access to the services they require, Telsim has adopted Fair Use Policy to prevent unreasonable or excessive usage of our Services. This Fair Use Policy applies in relation to the use of any Service provided by Telsim.
- We may ask you to stop doing something which we reasonably believe is prohibited by this Agreement. If you do not comply with our request within two business days, we or our supplier may take all reasonable steps to ensure compliance, including suspending or cancelling the services without further notice to you.
- You agree not to use the SIM Card or the services and not to permit another person to use your SIM Card or the services for fraudulently or in connection with a criminal offence.
- If, post reaching the levels of usage mentioned against your tariff plan in the FUP policy, your excessive or unreasonable use continues, Telsim may suspend the service, or terminate your agreement out further notice to you.
- When you use the Telsim service, it is your responsibility to obey with any rules imposed by any third party whose content or service you access using the service or whose network your data compress.
Termination by Telsim
Telsim may terminate a contract or suspend or limit your services if any of the following circumstances apply:
- You fail to pay Telsim the money that is due and threaten not to pay a payment (whether the payment is currently due or will become due in the future)
- You are in material breach of the Agreement or subject of an Insolvency Event.
- Telsim reasonably believes you have vacated the Site without providing Telsim with 30 days’ prior written notice.
- Continuing the service becomes technically unavailable and you use the service in a way that places unreasonable demand on Telsim’s Network.
- Telsim is unable to obtain access to the Site – and/or its surrounds for the purposes of maintaining or repairing the service.
Application and Transfer Process
Your application shall be processed within 2 working days, while connection may take 3-14 working days. Commencement of the service starts on the date your nominated communications service(s) is successfully connected with us. (Telsim reserve the right to process or reject your request).
Transferring your mobile number from existing to Telsim is simple using Mobile Number Portability (MNP) service. The porting process takes approximately four to seven business days to complete.
If you wish to transfer your services from another Supplier (‘Previous Supplier’) to Telsim, it is your responsibility to determine whether your contract with your Previous Supplier imposes any restrictions, costs or associated charges in transfer.
If you transfer a service that has been supplied by Telsim, you must make written application on Telsim prescribed forms (if any) and pay any Charges Telsim applies to such transfers; and any Charges that accrue before the date of completion of the transfer.
When the term of your contract expires, the service will automatically continue on a period-to-period basis unless we receive your prior instruction to discontinue the service. To discontinue before the term expires or to terminate the service after the initial term, a written notice must be made and received before the 15th of each month, then the service and charge will be ceased at the end of the month.
Billing and Payments
Telsim will bill you regularly either in advance or in arrears and the standard Telsim Billing Period is 28 days, but Telsim reserves the right to vary this period at its discretion, and any such variation will be notified to you in writing.
Telsim holds the right to deduct any unpaid amount from your authorized credit card or charge card. Please note that the typical usage information data can be up to 48 hours behind and the usage details should only be considered as an approximation.If we are unable to charge you successfully and if applicable, your bond will be surrendered. If you do not pay your bill in its entirety by the due date, Telsim may charge you late fees.
You can update your payment method on your account page in Telsim. We accept all major credit and debits cards including AMEX. If you pay to us more than the amount you owe to us at any time, your Telsim account will be credited with the amount that you have overpaid.
If any new tax or government impost is introduced, or if the rate of any existing tax is changed, which applies directly to the price of goods or services, we will make appropriate adjustments to the fees and charges in the Critical Information Summary or Pricing Table.
Liabilities & Warranties
- Telsim does not warrant that the services will be free of blockages, delays, errors and/or faults.
- Except as required by law, all terms, conditions, warranties, undertakings, inducements and/or representations relating to the provision of services by Telsim to you are excluded.
- In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Telsim will then be able to block the use of your SIM Card on the Network and other Australian GSM networks. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
- Telsim has the rights and obligation to its customer under the laws of Australia that bind us including: Telecommunication legislation, The Fair-Trading Act 1989, and other applicable laws, regulations and code. We are liable for any damage to your property, substantial interruptions to the use of your service and deal or personal injury caused by our staff due to their negligence or fraud.
International Roaming & Charges
You must contact us to activate international roaming prior to travelling outside Australia. International calls and data rates are generally far higher than the rates in Australia and are generally not included in your mobile phone plan or bundle. Even short periods of international roaming can result in large phone bills, which you will be liable to pay.
Complaint Handling Policy
Telsim seeks to maintain and enhance our reputation of providing you with high quality products and services. We value complaints as they assist us to improve our products, services and customer service.
Telsim is committed to being responsive to the needs and concerns of our customers or potential customers and to resolving your complaint as quickly as possible. Summary of our complaint handling process is available at www.telsim.com.au/complaint-handling-policy/ .
These terms and conditions represent the whole agreement between you and Telsim concerning your use and access to Telsim’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the. Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Telsim that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.