Mobile terms and conditions
If you get 1 month free from us in promotional deal, the Mobile Number will belong to Nextelle (We will lend you our free number to you under the promotional deals) and you will not be able to port out our number to another provider. The number will only belong to you if it’s a Paid service and you have atleast paid for the service for 1 month.
When you will Loss your mobile number / Phone number
Mobile Number will be cancelled if the account is not paid for 60 days (60 days overdue)
Mobile number once cancelled cannot be retrieved , You will have to get a new number.
Business Phone Number will be cancelled if the account is not paid for 60 days (60 days overdue)
Business Phone Number once cancelled cannot be retrieved , You will have to get a new number.
Includes National Calls to fixed landlines and to mobile services (within AUSTRALIA), calls to 1800 Numbers (within AUSTRALIA), and Call Forwarding (to numbers within AUSTRALIA). All other call types are excluded.
All usage is rated and charged at the applicable rate. After each billing cycle, a credit is applied for the value of any eligible usage within the limit of the Included Calls allowance. Unused allowance expires at the end of each billing period and is not refundable, transferable or redeemable for cash.
if you have Included International Calls:
Includes International Direct Dialled (IDD) Calls only.. All usage is rated and charged at the applicable rate. After each billing cycle, a credit is applied for the value of any eligible usage within the limit of the Included International Calls allowance. Unused allowance expires at the end of each billing period and is not refundable, transferable or redeemable for cash.
Unlimited plan inclusions apply to National usage only (i.e. within AUSTRALIA).
Unlimited Standard SMS is only for ordinary personal use and cannot be used for commercial purposes as defined in the Fair Usage Policy. SIM Boxing, SMS Gateways and SMS Broadcasting are strictly prohibited.
Included Mobile Data:
Includes National Mobile Data (within AUSTRALIA) only. Mobile Data usage includes, but is not limited to, access to email, WAP services, Internet browsing (uploads/downloads), applications, streaming and social media directly from a mobile device or by using the mobile device as a tethered modem (via infrared, Bluetooth, cable, etc.). Included Mobile Data allowance excludes use for Voice calls, Voicemail, International usage, Premium and Third Party SMS, Third Party content purchases and subscription fees, VPN data usage, data used while roaming overseas and anything else not specified in the included Mobile Data inclusions. If such services can be accessed, the use of such services will be charged at the applicable rates. When overseas, International Data Roaming usage charges apply as additional charges and are excluded from the International Calls allowance. Some data cards/devices are incompatible with networks in some countries. Any content download from the Internet or WAP enabled websites, such as ringtones or logos, may incur additional charges from the provider of the content (which will be rebilled to you by Cloud Telecom and payment of which is your responsibility). Mobile Data transfer speeds may vary depending on the type of device, location, and a number of users accessing the network at any given time. Usage is counted in kilobytes and includes uploads and downloads. 1024KB = 1MB. Mobile Data usage is billed in 10KB increments. All usage is rated and charged at the applicable rate. After each billing cycle, a credit is applied for the value of any eligible usage within the limit of the Included Mobile Data allowance. Any excess data usage that results from misconfiguration will be charged at Mobile Data excess usage rates. Unused Allowance expires at the end of each billing period and is not refundable, transferable or redeemable for cash.
The Monthly Access Fee
It is the minimum amount the customer is required to pay each month, whether or not there is any use of the Service. Monthly Access Fees are charged in advance. Monthly Access Fees and monthly included allowances are subject to a pro-rata calculation in the first month of activation and the last month (being the month in which the Service is deactivated, cancelled, terminated or ported out).
National Direct Dialled (NDD) calls are voice calls from Cloud Telecom mobile services, connected on the mobile network in AUSTRALIA, to a fixed landline service or mobile service connected to an USA network (excluding calls to fixed landlines or mobiles provided overseas, calls to Premium Service numbers, calls to 0800 numbers, calls to satellite phones and such other call types as Cloud Telecom from time to time specifies). NDD calls are charged in 30-second blocks.
SMS is text messages to mobile and fixed landline services within AUSTRALIA (National SMS) or overseas (International SMS). The fixed charge applies to up to 160 characters per message per recipient. Additional text will be charged at the same rate per message. SMS is charged upon the origination of a message, regardless of whether delivery is successful or not.
Service Provider Charges:
Network Carriers and the providers of the services may impose additional charges.
International Roaming and all other call types are excluded.
By Joining Nextelle customer agrees to the following terms and conditions.
- If you have a NextelleMobile (Prepaid or Postpaid) connection that operates on our Network then you are a Nextelle customer and you need to read these Customer Terms and the Services Terms (below) (together, the NextelleMobile (Prepaid or Postpaid)Agreement which together govern our contractual relationship with you for the provision of NextelleMobile (Prepaid or Postpaid)Services on our Network.
- This agreement applies from 1 July 2018, and replaces the earlier version.
- Depending on what NextelleMobile (Prepaid or Postpaid)Services you choose to use of ours, you will also be bound by the specific terms and conditions published on the Nextelle Website relating to your NextelleMobile (Prepaid or Postpaid) Plan and any specific terms and conditions relating to the Services you use, like mobile data services. If there is any conflict or inconsistency between:
(a) the terms and conditions set out in this agreement; and
(b) the terms and conditions relating to your NextelleMobile (Prepaid or Postpaid) Plan or the specific terms and conditions relating to the Services you use, then the terms and conditions relating to your NextelleMobile (Prepaid or Postpaid) Plan or the specific terms and conditions relating to the Services you use will prevail over the terms and conditions of this agreement.
- From time to time, we may need to make changes to this agreement, the Services and/or Charges, and any such changes will be made and notified to you in accordance with clause 14 below. The latest version of this Agreement will always be published on our website.
This agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out below:
“Additional Services” means optional services offered by us in connection with the NextelleMobile (Prepaid or Postpaid)Services (such as data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other standard or casual Charges. You can find more information about these services, including which ones are available to you and the Charges for using them, on the NextelleWebsite.”Charges” means charges for access to and use of the Services.
“Content” means information, images and sounds, communications, software, application or any other material made available through the Services and includes wireless data and internet content.
“Mobile Device” means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and operates on our Network and is used by you to access the Services.
“Mobile Service Provider” means a provider of mobile telecommunication services.
“MMS” means the multimedia messaging service, which allows you to send messages that include multimedia content such as images, audio and video.
“Network” means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our GSM network.
“PIN” means a personal identification number which is necessary for protection from non-sanctioned access to your SIM.
“Port” or “Porting” means the process of transferring your mobile phone number from one Mobile Service Provider to another Mobile Service Provider.
“Prepaid Plan” or “Plan” means the relevant NextelleMobile (Prepaid or Postpaid)Service pricing plan you choose from time to time.
“PUK1 Code” means a personal unblocking key code which can unblock your SIM.
“Roaming” means an Additional Service that allows you to use your Mobile Device in Overseas countries .
“Services” means the mobile telecommunication services offered by us to you under this agreement, including the Additional
Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge.
“SIM” means any subscriber identity module (SIM) that we may have provided to you which enables you, when used with a Mobile Device, to access the Services on our Network.
“SMS” means a short message service, which is a form of text messaging on Mobile Devices.
“Nextelle Mobile (Prepaid or Postpaid)Account” means the account which records details of the amount of credits you have available from time to time.
“Nextelle Mobile (Prepaid or Postpaid)Services” means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services.
“we”, “our” or “us” means Nextelle or Nextg.
“you” or “your” means the customer who is party to this agreement.
3. Commencement of agreement
This agreement starts when you are first allocated a Nextelle mobile phone number to use with your NextelleMobile (Prepaid or Postpaid)Account or when you first credit your NextelleMobile (Prepaid or Postpaid)Account or when you first use the Services, whichever happens first.
4. Provision of Services
- NextelleMobile (Prepaid or Postpaid)Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Device, and access a range of other Services. You will need a Nextelle SIM and a compatible Mobile Device to be able to connect to our Network and use the Services
- We will try our best to provide quality Services to you at all times and with reasonable care and skill. Because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you and our Services’ reliance on systems and other services that we do not own or control. We therefore cannot promise or guarantee that our Service will be continuous or fault-free or available at a particular location.
- The quality, speed and coverage of the Services also depends partly on your Mobile Device, partly on our Network and partly on other telecommunications networks
- The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum
- You will be charged for each MMS message that is sent from your Mobile Device (e.g. the ‘send’ button is pressed and the mobile indicates the MMS is sent). MMS messages will be charged at Nextelle’s standard MMS rate per message to any mobile networks. Our MMS service is not available or suitable for use while roaming or for sending to international networks from your Nextelle Mobile Device. The maximum file size of a MMS message is 600KB. If you attempt to send a MMS message over 600KB and/or if the message takes longer than 60 seconds to send, the message may be rejected (not delivered). Mobile Devices and/or our MMS system may automatically reduce the size and/or quality of a MMS message to fit within the maximum message size. It is your responsibility to check the size of a MMS message before you attempt to send it. MMS messages may be scaled by our MMS system to suit the receiving device’s specifications, such as screen size and screen resolution. We cannot guarantee that any SMS and MMS messages you attempt to send will be successfully delivered or received.
- Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot guarantee the quality of any Roaming services. Some services, such as video calling and data, may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to our available roaming destinations and the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement.
Roaming is not allowed on our network .
7. You agree to:
- comply with all your obligations in this agreement;
- provide us with all information we reasonably request in connection with this agreement and make sure that all information you give to us or to any third party retailer is accurate and complete;
- keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
- not use your Mobile Device or the Services in a way that is abusive or offensive or for an illegal or fraudulent purpose;
- not use your Mobile Device or the Services in a way that interferes with any other person’s use or enjoyment of the Services;
- not use your Mobile Device or the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
- use our Services for personal use only and in accordance with clause below;
- use only Mobile Devices and accessories approved for use with our Network and which comply with all relevant legislation and regulations (for example, those that you have purchased from us or our authorised retailers;
- not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by the Services we provide for example when you use our roaming services;
- follow the instructions and guidelines we give you about the use of the Services and your Mobile Device;
- not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party’s network or equipment
- authorize us to conduct a credit check on you from time to time when we consider, acting reasonably and in good faith, that it is appropriate;
- not sell or otherwise make the Services available to others or commercially exploit the Services or any Content in any way;
- never interfere with any part of our Network unless you have been authorised in writing by us to do so;
- authorise us or a person approved by us to remotely access your Mobile Device in order to perform any tasks that are reasonably necessary to protect you or our other customers and their use of the Services, and to maintain, alter or protect the integrity or performance of our Network or our Services or where we have been directed to do so by law;
- comply with the terms of any loan agreement you agree with us relating to any Mobile Device or other equipment you rent from us or that is loaned to you, and return it to us in the same condition you received it, or pay us the replacement costs of such;
- that you may not transfer any benefit or obligation of this agreement it to any other person, and
- indemnify us and any Related Company against any legal action taken, or losses or costs we or any Related Company incur, in connection with your use of your Mobile Device and the Services in breach of this Agreement. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other Related Company.
- You agree to make sure everyone who uses your Mobile Device or SIM complies with the obligations and responsibilities set out in clause 4.7 above. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services).
- Our Services are for personal use only, which means that they are for an individual person to use for reasonable personal and private use only. Any use of our Services for business use, or for large organisations or groups, is not personal use and is prohibited.
- Prohibited Usage: From time to time, we may monitor usage patterns. If your usage of our Services (a) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or (b) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs), then we may contact you to advise you that your usage is Prohibited. We may then request that you stop or alter your usage accordingly. If your Prohibited Usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, suspend, modify or restrict your use of the Services and/or withdraw your access to the Services.
- We may publish on the Nextelle Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).
- You agree that using the Services does not give you any rights in any part of our Network.
5. Mobile phone numbers
- Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Device or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us, acting reasonably and in good faith and taking particular facts of each case into consideration, and our decision will be final.
Numbers provided under Free services belongs to Nextelle unless you are on a Paid Plan.
- In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Device or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change.
- If you wish to Port your allocated mobile phone number to another Mobile Service Provider:
- you will need to contact that other Mobile Service Provider;
- you will be responsible for taking all necessary steps to Port the mobile phone number, other than our obligations under the LMNP Terms; and
- you will be responsible for all costs associated with Porting the mobile phone number>(for example, the cost of a new SIM that is compatible with that other Mobile Service Provider, or any outstanding charges that you owe us).
- If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your NextelleMobile (Prepaid or Postpaid)Account being deactivated or your access to the Services being disconnected, we may reallocate that number to another customer
- If you change from your allocated NextelleMobile number, Nextelle may make the original number available for future allocation to another person.
6. Wireless data and content
- If the Services provide links to third party sites and/or Content, we are not responsible for such links, sites or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party
- If the Services allow you to access Content that originates from you or third parties, we may monitor any Content made available by you or any third party in order to maintain the integrity or performance of our Network and/or our Services and, acting reasonably and in good faith, remove any Content we consider to be inappropriate or in breach of any law or third party right. Where we remove any Content in accordance with this clause we will notify you that we have done so and provide you with a reason.
- Without limiting your rights under the Consumer Guarantees Act, we are not responsible for:
- ensuring that any Content you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
- any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
- any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
- any corruption or loss of Content stored on, or transmitted over, our Network;
- any delay in your receipt of Content you select for transmission to your Mobile Device; or
- fixing any faults in your Mobile Device or SIM as a result of you accessing Content
Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Device. You are responsible for ensuring that your Mobile Device has appropriate protections against such unauthorized access and we are not responsible for any such unauthorised access or any damage or loss suffered as a result.
7. Mobile phone and SIM
- Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition
- You must keep your Mobile Device and the SIM secure at all times. We recommend, in order to prevent unauthorised use of your Mobile Device and Services, that you use a PIN and other access code features provided with your Mobile Device and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times.While we will use security screening and authentication checks where available, we may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Device
- If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or via the Dashboard section on the Nextelle Website, or by calling NextelleCustomer Services who can talk you through it.Take care when entering the PUK1 Code because if you continue to block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it.Because of the nature of the SIM technology we will not be able to get this information back for you. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services
- If you suspect your Mobile Device or SIM supplied to you is lost or stolen you must immediately block your SIM via the Manage SIM page on the Dashboard section of the Nextelle Website, or by calling Nextelle Customer Services who can talk you through it. This will stop usage Charges to your account. You will remain liable for all Charges incurred in relation to the use of your Mobile Device or the SIM up to the time you inform us that your Mobile Device or SIM is lost or stolen and we have activated a block on your Mobile Device, whether the Charges have been incurred by you or someone else. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services). If your Mobile Device is lost, stolen, damaged or destroyed, we will have no obligation to make a refund to you for the credit left on your NextelleMobile (Prepaid or Postpaid)Account and you will need to purchase a new Mobile Device and/or SIM if you wish to continue using the Services
- If equipment, including your Mobile Device and SIM, supplied to you by someone else does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment supplied by someone other than us is damaged as a result of the unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment
- Any responsibilities we may have for a Mobile Device or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Device or other equipment
- You must pay the purchase price of any Mobile Device or other equipment you buy from us. We will continue to own the Mobile Device or other equipment until you have paid for it in full. The Mobile Device or other equipment will be at your risk from the time it is received by you
- If you have a Mobile Device that is SIM locked to our Network (a Nextelle SIM Locked Mobile Device), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval. A Nextelle SIM Locked Mobile Device may only be unlocked by obtaining the manufacturers unlock code from the Nextelle website, or by calling NextelleCustomer Services who can talk you through how to do it. An unlock fee applies if network locking is removed from any Nextelle SIM Locked Mobile Device within the first nine months of being used on our Network (e.g. from the first time the Nextelle SIM Locked Mobile Device is turned on and connects to our Network).
8. Charges and your account
- In order to use the Services you will need to have a NextelleMobile (Prepaid or Postpaid)Account which is in credit, or have included quota remaining on an active Plan. As Charges are incurred they will be deducted from the credit balance of your NextelleMobile (Prepaid or Postpaid)Account. You can add additional credit to your NextelleMobile (Prepaid or Postpaid)Account by; buying and redeeming a NextelleMobile (Prepaid or Postpaid)Service card or voucher, Visa or MasterCard credit or debit cards, setting up an auto-top-up on your NextelleMobile (Prepaid or Postpaid)Account, setting up ‘Set and Forget’ Prepaid Plan payments on your NextelleMobile (Prepaid or Postpaid)Account, or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your NextelleMobile (Prepaid or Postpaid)Account please refer to the Nextelle Website or contact Nextelle Customer Services. Subject to clause 11 (if applicable), any credit on your NextelleMobile (Prepaid or Postpaid)Account is not refundable at any time (for cash or otherwise) including but not limited to when you do not comply with these Customer Terms, the Service Terms or any other terms we publish from time to time, or when any incorrect information, data or amount has been entered when using the Services (other than by us). No bill will be sent to you in relation to your use of Nextelle Services, however you can check your account balance and activity of your Nextelle Account in a number of ways, i.e. using the nextelle AppOpening hours: Mon-Fri 9am – 5pm; Sat- 10am – 4pm.
- The Charges for calls made from your Mobile Device are set out in your Plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute.
- Nextelle’s standard data rates apply when you do not have a current Nextelle Prepaid Plan, orData Add-On that has remaining data included.
- Nextelle’s data rates for included data in a NextelleMobile (Prepaid or Postpaid)Plan is calculated based on usage and billed in 64KB blocks, rounded up at the end of a data session or twenty-four hours, with a minimum charge of 1KB. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).
- SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the NextelleWebsite. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.
- You are responsible for the use of your Mobile Device and you are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Device or SIM (with or without your knowledge). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.
9. Withholding, suspending or restricting services
- We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the Network without warning if:
- you or anyone who uses your Mobile Device or SIM does not comply with the terms and conditions of this agreement or any other agreement with us, including any terms and conditions relating to Additional Services;
- you or anyone who uses your Mobile Device or SIM damages our Network or puts our Network at risk;
- you harass, abuse or threaten our staff; or
- you notify us that your Mobile Device or SIM has been lost or stolen.
- We may also need to suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading.
- When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to purchase a new SIM, prepaid credit or Mobile Device, before you can use the Services again.
- Please note that NextelleMobile (Prepaid or Postpaid)Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account, and will not be able to use credit transfer or gifting functionality.
10. Giving up or ending services
- You may end this agreement at any time for any reason by:
- simply ceasing to add credit to your NextelleMobile (Prepaid or Postpaid)Account at least once every 6 months or
- porting your mobile phone number to another Mobile Service Provider, or
- contacting NextelleCustomer Services.
- We may end this agreement immediately without notice to you if:
- we have the right to suspend your access to the Services for any of the reasons set out in clause 9.1 above that have not been rectified within two weeks;
- you breach this agreement in a material way (for example, if you do something that could negatively impact on our Network) and do not put it right within seven days of us asking you to, or
- you become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history indicated, acting reasonably and in good faith, that you are unable to pay Charges.
- any names, numbers and other information stored on your SIM may be lost; and
- unless we agree otherwise or unless it has been Ported prior to giving up the Services, any mobile phone number allocated for you to use under this agreement will no longer be available to you
11. Consumer Protection Legislation and Liability
- As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Actand the Fair Trading Act apply alongside these Terms, and are not impacted by anything in this clause 13.
- If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.
- Your liability to us:
- you accept your liability to us for breach of contract or negligence, and
- you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).
1. Our liability to you:
- we accept our liability to you for breach of contract or negligence subject to clause 11.9, and for our breach of consumer protection laws, such as the Consumer Guarantees Act and the Fair Trading Act to the extent they apply to you.
- we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).
- We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.
- You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.
- We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause 11.7. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause 11.7.
12. Information about you
- While you have an agreement with us or any Related Company, you agree that we and any Related Company may collect information about you. The information may be obtained from you, from others, or generated within our Network when you or anyone else uses the Services or the services of any service provider approved by us. You may decide whether to provide any information any of us request from you. However, if you do not provide it, we and any Related Company may not be able to provide services to you. You may ask to see information that we or any of our Related Company holds about you and ask for any details that are wrong to be corrected
- We, any Related Company and, to the extent appropriate, any service providers approved by us, including service providers providing directory listing and directory assistance services, may hold information about you and share it to the extent appropriate with each other, with our employees, contractors and agents and any approved service provider and with credit reference and debt collection agencies. This enables us, any Related Company, agencies and approved service providers to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to us and any Related Company in their databases and share this information with others who wish to conduct credit checks on you
- Marketing Contact:
From time to time we may contact you about Nextelle products and services and/or send you sales and marketing information aboutNextelle products and services, including within a reasonable time of this agreement ending. You can let us know at any time if you do not want to receive sales and marketing information via the Dashboard section on the NextelleWebsite or by calling Nextelle Customer Services. You also agree that the sales and marketing information we send you electronically need not include an unsubscribe facility.
4. We, and any Related Company, may:
- share with other network operators the mobile phone numbers allocated to you and any other information (not including your name and address) needed to enable you to make and receive calls through their networks; and
- share, to the extent appropriate, your name, address and the mobile phone numbers allocated to you with any of our agents or service providers for the purpose of providing the Services to you.
- We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws.
- You must amend your details on the Nextelle Website or by contacting Nextelle Customer Services as soon as possible about any change to your name, address or any other details you have provided to us.
- How we use your information: We use your information to measure the number of visitors to different parts of the site and for a number of different purposes connected with the provision of telecommunication services, for example, to measure the effectiveness of advertising.
Although we may publish aggregated information about usage patterns, we do not disclose information about individual machines or persons except for the reasons set out below in this section. We do not sell information which identifies you personally. We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
If you choose to provide us with personal information such as your email address, for example by filling out an electronic query or order form, we will use the information to communicate with you in relation to all the goods and services which we provide to you or which we consider might be of interest to you. This may include email marketing.
Personal information will be stored and used in accordance with our Terms and Conditions.
Our website places a cookie on the hard drive of your computer. A “cookie” is a file which allows us to track and target the interests of users. In addition, our website uses third party cookies from Google Analytics for Display Advertisers, including the following features:
- Google Display Network Impression Reporting – which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimise and tailor our advertising.
- DoubleClick Platform integrations & Remarketing with Google Analytics – the integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website.
- Google Analytics Demographics and Interest Reporting – which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.
While we recommend that users enable cookies on their browsers in order to enjoy all the features of our website, the decision remains in the hands of the individual. Most browsers allow you to control management of cookies, this will be different depending on each user’s PC – refer to your browser help menu for further information.
13. Changing these terms, Charges and Services
- Changes to terms: From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonably and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by SMS messaging you and/or emailing you, and will publish the change on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes. If you do not agree to the changes you may exercise your right to terminate this agreement.
- Changes to Charges: We may change our Charges from time to time. When we decrease charges for any Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website.
When we increase Charges for any of our Services (including introducing charges for Services that are currently free) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by SMS messaging you and/or emailing you, and publishing the change on our website.
- Changes to Services: We may alter our Services from time to time. If we reasonably consider that a change to our Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional benefits in your Nextelle Plan. Examples of changes that will have a neutral impact on include changing the name a Nextelle Plan.
If we alter our Services in a way that reduces the Service offering currently received by you and the change is within our control we will provide you two weeks’ notice, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by SMS messaging you and/or emailing you, and publishing the change on our website.
We may change you to a new Nextelle Plan if we consider, acting reasonably and in good faith, that you will be better off, and will give you two weeks’ notice of such a change by SMS messaging you and/or emailing you, and publishing the change on our website.
- Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by ceasing to use the Services.
14. Meeting our responsibilities through agents and service providers
We may have any Related Company or an agent approved by us or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.
15. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us,>for example if our company ownership and/or structure changes.
16. More than one customer
Every person named as the customer in your application to use the Services must meet all of the customers responsibilities under this agreement, including the payment of any amounts owing to us by the customer in accordance with this agreement.
Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.
A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.
19. Governing Law
This agreement is governed by the laws and you submit to the exclusive jurisdiction of the courts in respect of any dispute or proceeding arising out of it.