The below document sets out what terms that appear like this in the Agreement mean.
| TERM | MEANING |
|---|---|
| 4G-LTE: 700MHz (band 28). | 4G Mobile Technology operating on the 700MHz spectrum |
| 5G: 3.6GHz (band n78) | 5G Mobile Technology operating on 3.6GHz |
| 5G:850 MHz/2.6GHz/26 GHz (band n5/band n7/band n258) | 5G Mobile Technology operating on 850 MHz/2.6GHz/26 GHz |
| 4G-LTE: 1800/2100/2600MHz (band 3/band 1/band 7). | 4G Mobile Technology operating on the 1800/2100/2600MHz spectrum |
| account | The account for the service that we open in your name after we have accepted your application |
| Agreement | The terms and conditions on which we agree to supply the service to you |
| Appendices | The appendices containing information relevant to the service. |
| Application | The part of the agreement which is the application you complete to ask us to supply the service to you. An application can be for a new service, or for an upgrade of an existing service |
| Australian Consumer Law | The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act (2010) (Cth). |
| Business day | A day that is not a Saturday, Sunday or public holiday in Victoria. |
| Call | Any type of call set out, or otherwise referred to in, the service description |
| Cancel the service | When the service is cancelled and the agreement then ends. |
| Cancellation date | The date: (a) 30 days after you notify us that you want to cancel the service, unless we agree to end the agreement earlier; or (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 | The cancellation fee or termination chare (or early termination fee or early termination charge) that we may charge you upon cancellation of service. |
| Carriage service provider | Has the same meaning as in the Telecommunications Legislation. |
| Carrier | Has the same meaning as in the Telecommunications Legislation. |
| Casphone Mobile | Black Telecom Pty Ltd T/a Casphone Mobile ACN: 676 665 875 |
| Casphone Mobile group company | Casphone Mobile and any of its related corporations. |
| Casphone Mobile Network, Casphone Mobile Network, our network | The Mobile network provided by our supplier, who until we advise you otherwise is Telstra Wholesale which is used to the supply the service and which we resupply to you, as set out in the service description. |
| CND | Calling Number Display, being a functionality that displays the caller’s telephone number to the recipient of the call. |
| Competition and Consumer Act | The Competition and Consumer Act 2010 (Cth) as in force from time to time |
| connection fee | The connection fee (if any) set out I the pricing table. |
| Consequential loss | 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 | A person who acquires and uses the service for personal, domestic or household use only |
| Content | Content is: (a) all forms of information, including text, pictures, animations, video, sound recordings, software, separately or combined, and (b) any content service that is sent and/or received across a network. |
| credit rating | Information about your credit worthiness, credit history or credit capacity that credit providers are entitled to give each other under the Privacy Act 1988 (Cth). |
| Credit Reporting(or CRB) | An organisation whose business involves handling personal information in order to provide another entity with information about the credit worthiness of an individual. |
| Critical Information Summary(or CIS) | A summary of the main features of the agreement, like what you will pay and what you will get. |
| current | Available at the time. |
| data allowance | The amount of maximum data usage that can be used in a given month as set out in your pricing plan. Data allowance is measured in Kilobytes (Kb). For our mobile products and services 1MB = 1024Kb. |
| data usage | The amount of data that you have uploaded and downloaded in a given month, measured in MB. |
| download | To move data from our network to your connected device. |
| early termination fee, early termination charge | The same meaning as cancellation fee. |
| end user | Any person: (a) who you ask us to supply the service directly; or (b) who you resupply the service to, or allow to distribute the service; or (c) who you allow to use the service, or (d) who you supply any goods or services to which use or rely on the service. |
| equipment charges | Any payment for equipment purchase from us. |
| Person | Includes companies, incorporated and unincorporated entities and angencies of government. |
| Premium Service | Services beginning with ’19’ delivering news, financial data, weather information, horoscopes, mobile ringtones, adult services, games, competitions, chat and other content, to mobile phones. |
| Product Repayment Plan | Any Product Repayment Plan described in Appendix Q |
| equipment owned by us | Any equipment we, or our personnel, may provide to you to use in connection with the service that is owned by us |
| excluded event | Is: (a) a breach of the agreement by you; or (b) a negligent or fraudulent act or omission by you or any of your personnel, or (c) a failure of any of your equipment. |
| Fair Use Policy | The Casphone Mobile Fair Use Policy as set out in Appendix A. |
| Fair Terms | Has the meaning given by clause 3.4 of the general terms. |
| fixed-length agreement | An agreement that has a minimum fixed 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 expressly permitted under the agreement. A month-to-month agreement is not a fixed-length agreement. |
| flagfall | Has the same meaning as means connection fee |
| general terms | The part of the agreement titled General Terms and Conditions.. |
| HSPA | High-Speed Packet Access, which is 3G mobile telephone protocol which provides for UMTS based networks to increase their data speeds and capacity. |
| IMEI blocking | Where your mobile phone or modem is blocked from being used for communication |
| Insolvency event | Is when: (a) bankruptcy proceedings are commenced against you, or you are declared bankrupt; or (b) any step is taken to enter into any scheme of arrangement between you and your creditors; or (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; or (d) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, and administrator or other like person to you or to the whole or any part of your assets or business; or (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 | Any intellectual property rights (including any registered or unregistered trademarks, patents, designs, or copyright) anywhere in the world |
| International Roaming | The ability to use an overseas network when travelling overseas. |
| intervening event | An event outside your or our reasonable control which interferes with the operation of the network that we use to supply service and which results in continued disruption of service. |
| Loss | Any loss, cost, liability or damage |
| minimum monthly charge, minimum monthly fee, minimum monthly payment, minimum monthly plan fee, minimum monthly spend | The fixed monthly payment for access to the service payable monthly, regardless of actual use of the service. |
| minimum term | The period of time that you have agreed to receive the service under a fixed length agreement. |
| mobile phone, mobile handset | A mobile phone. |
| network | Any interconnected telecommunications equipment, facilities, or cabling used in connection with our provision of the service. |
| notice in writing | Giving notice to you in person, sending it to you by mail or to your email address by bill message or bill insert and informing you of how to obtain information about the change |
| non fixed-length agreement | An agreement that does not have a minimum term, or a fixed-length agreement where the minimum term has expired. A month-to-month agreement is a non fixed-length agreement. |
| Numbering regulations | The Australian Communication and Media Authority’s Numbering Plan and Telecommunications Numbering Plan Number Declarations. |
| our network | The network which we use to supply the service to you, whether the network is owned and operated by us or by any supplier to us |
| personal information | Information about you from which your identity is app |
| personnel | A party’s employees, agents, contractors or other representatives. |
| phone number | The phone number you choose to use for the service, or which we select and issue to you in accordance with the Numbering Regulations. |
| premises | Locations:
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| pricing plan | The part of the agreement titled pricing plan as set out in the pricing tables. |
| pricing table | The part of the agreement titled pricing table. |
| port | To transfer your phone number from one carrier or carriage service provider to another carriage or carriage service provider in respect of your service. |
| port authorisation form | Is the form that we use that is required to be completed for your phone number to be ported. |
| regulator | Any of the following: the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman; any other applicable government or statutory body or authority. |
| related corporation | Has the meaning given to that term in section 50 of the Corporations Act 2001 (Cth). |
| relevant advertising material | Any current brochure, customer guide or pricing guide published from time to time by us in connection with the service. |
| secondary contact | Another person nominated and authorised by you to receive access to and operate your account on your behalf in accordance with the agreement. |
| service | The service specified in the application and described in the service description and any related goods or equipment and ancillary services that we supply to you in connection with that service. |
| service description | The part of the agreement titled service description. |
| service start date | The date on which we start supplying that service to you, unless otherwise specified in the service description. |
| SIM card | A subscriber identity module (SIM) card. |
| special | A special promotion or offer made by us in respect of the service. |
| supplier | The supplier of goods or services which are used directly or indirectly by us to supply the service to you, including any supplier of a network to us. |
| tax | Any value-added or goods and service tax, withholding tax, charge (and associated penalty or interest), rate, duty or impost imposed by any authority, excluding any income tax or capital gains tax. |
| Telecommunications Legislation | Includes the following: the Telecommunication 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 and Competition and Consumer Act, including the Australian Consumer Law. |
| Third party | Any party who is not a party to the agreement. |
| Third party content | Any content provided by a third party. |
| Trade Practices Act | The Trade Practices Act 1974 (Cth). |
| value added features, value added service features, value added service | Additional features you may obtain with the service. The value added service features available with the service and the associated fees and charges are described in the value added services table in Appendix P |
| We | Casphone Mobile (and us and ours is to be construed accordingly) |
| You |
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| INTERPRETATION (a) The following words have the same meaning 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) Where a term is defined in part of the agreement that term has the same meaning in all parts of the agreement. (c) The singular includes the plural and vice versa. (d) The word ‘including’ does not limit what else might be included. (e) A reference to an Act, code or includes a reference to any regulations or other statutory instruments made under that Act, code or law and any consolidations, amendments, re-enactments or replacements of that Act, code or law. (f) A reference to $ or payment is a reference to Australian dollars and payment in Australian dollars. (g) Nothing in the Agreement shall be interpreted against the interest of Black Telecom Pty/Ltd t/as Casphone mobile only because Casphone Mobile relies on it or was responsible for drawing it. | |