Terms & Conditions

SUMMARY OF TERMS & CONDITIONS
This is a summary of the Standard Form of Agreement for the provision of mobile services by Fresh Mobile ABN 14 120 463 390.

PROVISION OF SERVICES
Your mobile telecommunications service will be provided by Fresh Mobile. Your Standard Agreement comes into effect when you are first connected to our network.

You acknowledge that, although Fresh Mobile will take all reasonable steps to make sure you receive the highest quality mobile service within our coverage areas, the mobile service is not totally free from faults or interruptions.  Certain factors, such as network congestion, maintenance, geographic factors, obstructions or interference may mean you will not receive the normal high quality mobile service in certain areas at certain times. When you send or receive information services as part of the mobile service, we do not warrant the accuracy of the information in, or the security of, those services.

Fresh Mobile retains ownership of the SIM card issued to you.  You must return this to Fresh Mobile upon disconnection of the mobile service.  Fresh Mobile may charge you a SIM card replacement fee if you fail to return the SIM card within 30 days from disconnection. Please inform us immediately if you lose, or damage is caused to, your SIM card. We will then disconnect or bar your connection (you will be responsible for all usage charges up to this time) until the SIM card is replaced or repaired. We may charge you a SIM replacement fee unless we were at fault.

CHARGES AND PAYMENT FOR SERVICES
Your mobile plan fee and included call credits will be applied pro rata for the first month of connection, based on the number of days from the date of connection to the end of the calendar month. Fresh Mobile will usually invoice you monthly for the Services in accordance with our current charges. Unless specifically stated, all charges are net of all discounts.

Fresh Mobile may offer rebates or call credits in conjunction with specific products or promotions offered to certain customers. The value of the rebate or call credits will be determined in accordance with standard criteria and provided as part of the agreement of sale.

If any discounts are offered in conjunction with a specific product offered by Fresh Mobile, the discounts may be adjusted on a pro-rata basis if your monthly spend falls below the amount agreed on your application form (if applicable).

Fresh Mobile will bill you in advance for connection, service fees (where applicable), periodic charges and in arrears for usage charges. Methods of payments include online payment by visa or mastercard via our website www.freshmoible.net.au or via cheque.

All charges must be paid on or before the Due Date. In situations where payments are received later than the Due Date, you may be charged a late payment fee.

Charges arising from transactions that have occurred prior to the period covered in any specific billing period will be due and payable upon presentation of invoice.

If in any product a standard rebate or credit is given and payment is made after the due date, the rebate or credit will be forfeited. Fresh Mobile’s records are sufficient evidence of the amount payable unless shown to be incorrect.

You agree that a credit report which may contain personal information concerning you may be give to us by any Credit Reporting Agency in order to process your account application or at certain spending benchmarks during the period of your service usage. You also authorise Fresh Mobile to provide credit information to any credit provider or Credit Reporting Agency.

PERIOD OF AGREEMENT
Commencement of Agreement: This Agreement starts on the date this Customer Agreement is signed by you and continues until terminated. This agreement will be in force for that term specified on your Fresh Mobile Customer Agreement (if applicable).

SUSPENSION AND TERMINATION
Fresh Mobile reserves the right to suspend or terminate the provision of Services to you, where charges owing to us or any amount owing remain outstanding after 30 days, unless Fresh Mobile have received written notice from you of a bona fide dispute of those charges. On the termination of this Agreement you will return all of our equipment, or make it available for collection at cost to you.

• you have breached this Agreement, or
• a liquidator or receiver or receiver and manager or any other administrator of your business or assets is appointed.

If Fresh Mobile provides a Service for a specified term and Fresh Mobile allow you a discount on payment over that term and you cancel this Agreement before that term ends Fresh Mobile reserves the right to bill you for the amount of the discount allowed to you during the elapsed period on our final bill together with any early termination charges applicable.

In the event that you choose to terminate your Agreement with Fresh Mobile, you remain liable for all charges payable under the Agreement in respect of Services provided up to the time of transfer of all services to your newly appointed carrier or service provider. If you have purchased a handset through Fresh Mobile using a monthly repayment option, and you cancel your Fresh Mobile service or it is disconnected for any reason, or you port away prior to the end of the agreement period, you will be required to pay any remaining amount outstanding in full, immediately.

FAULTS AND COMPLAINTS
Fresh Mobile will attend to faults and complaints with your service during Australian Business Hours (EST). Customer Service contact numbers can be found on your bill. Fresh Mobile will handle all complaints in accordance with its Complaints Handling Procedure, a copy of which will be supplied upon request.

LIMITATION OF LIABILITY
Fresh Mobile:

• Is not responsible for any fault which is within the network of a Supplier (carrier)
• Will notify those responsible for the fault and request that the fault be corrected promptly
• Will report back to you as to the status of the fault
• Is not responsible for delays in the installation or repair of any Service or the incorrect operation of any Service provided by another Supplier
• Fresh Mobile will bear no further liability or responsibility for consequential loss or damages

Fresh Mobile may vary the terms of this agreement from time to time, but may not vary the price and inclusions of the Cap Plans (see Cap Guarantee section below). Further information and an up to date version of these Terms and Conditions may be obtained from Fresh Telecoms website, www.freshtelecoms.com.au or by calling 1300 720 970.

CAP PLANS
The included usage pertaining to each Cap Plan includes the following, up to an amount equal to the stated included usage of each Cap Plan: Standard Calls to other mobiles and land lines within Australia, International Calls*, Voicemail Diversions*, Voicemail Deposit and Retrievals, Standard SMS, Standard MMS*, Directory Assistance (1223 & 124YES)*, Fax and Data*, GPRS*, WAP* and Push-to-talk*. A minimum monthly spend equivalent to the cap (i.e. $49, $79, $99 or $149) applies even if your usage is less than the cap. If you exceed the Included Usage amount of your chosen Cap Plan in any one billing period the Usage rates applicable to Cap plans will apply for any excess usage. Full usage rates for all call types and other services available on Cap Plans may be viewed at www.freshtelecoms.com.au. Cap plans exclude some services, including international calls, Premium SMS, international SMS, 1900, network access fee and certain other special services, which may vary from time to time.

TERMINATION OF CONTRACTS
The Free Phone Offer is only available to customers who agree to a Fresh Mobile Agreement term of 24 months for their nominated Cap Plan. Customers are required to pay a minimum monthly amount equivalent to the cap. Over the 24 month term the minimum payable by the customer is $1176 ($49 Cap), $1896 ($79 Cap), $2376 ($99 Cap), $3576 ($149 Cap). If a customer who has agreed to 24 month term cancels their Fresh Mobile service or their Fresh Mobile service is disconnected for any reason, or switches to another mobile service provider earlier than the expiry of 24 months (“Termination”), the customer will be required to pay the total of the minimum monthly spend, multiplied by the number of months remaining on the 24 month term. For example; a customer on a $49 Cap Plan cancels their Fresh Mobile service three months prior to the conclusion of the 24 month term, the customer’s final Fresh Mobile account will include Usage up to the date of Termination plus an amount equal to $147 ($49 x 3 months & balance of handset repayments – if applicable).

CAP GUARANTEE & FLEXI-CAP CHANGES
Customers who join Fresh Mobile are guaranteed by Fresh Mobile that the price and inclusions within the Cap Plan will remain unchanged for the duration of the 24 month term. Customers who join Fresh Mobile are provided with the opportunity to move between $49, $79, $99 & $149 Cap Plans at no cost on the basis of providing not less than 30 days notice by contacting Fresh Mobile on 1300 720 970 (referred to as Flexi-Cap changes). Customers are not permitted to move from $79, $99 or $149 Cap Plan to $49 Cap Plan. Customers on a $49 Cap Plan are permitted to move up to a higher Cap Plan.  There is a flat fee of $200 applicable to downgrade plans.

PRIVACY ACT 1988
By signing the customer application form you also agree that Fresh Mobile may collect, use and disclose Personal Information about you, in accordance with the Privacy Act 1988. You can access Fresh Mobile’s Privacy Policy by visiting www.freshtelecoms.com.au.