Mobile Phones Terms and Conditions

GENERAL INFORMATION
1. This application is subject to acceptance by Evolution Telecom Pty Ltd ABN 73 249 907 142 (“Evolution Telecom”). The terms of Evolution Telecom current Standard Agreement (meaning the Evolution Telecom standard form of agreement formulated under 479 of the Telecommunications Act as current from time to time) will apply to your use of the Evolution Telecom Mobile service.

To process this application and establish your account, Evolution Telecom will ask you for certain details. Acceptance of your application will occur when your service is activated.

2. You agree to pay Evolution Telecom:
(a) the monthly commitment for the selected plan for each month you remain connected to the Evolution Telecom Mobile Digital network;
(b) calls made by you while you remain connected to the Evolution Telecom Mobile Digital Network; and
(c) any upfront purchase price.

3. Evolution Telecom will bill you monthly, but reserves the right to bill at different intervals. Accounts are payable within 14 days of issue. Evolution Telecom has the right to terminate the service if accounts are overdue.

4. You are responsible for all service charges and calls made from your mobile telephone as long as you are the registered customer, even if your mobile telephone is not in your possession. You should contact Evolution Telecom Customer Service immediately upon loss or theft of your mobile phone.

As an account holder you will retain full responsibility for the Evolution Telecom mobile account and any associated service numbers. This means you are responsible for any charges, including call charges, on all services listed on your account. You have full authority to cancel or suspend the service on any number on your account.

5. Subject to the Trade Practices Act and other laws, Evolution Telecom is not liable for any cost, loss, liability or damage, whether direct or consequential arising out of Evolution Telecom’ supply, delay or failure to supply service.

6. The Evolution Telecom Mobile Service does not cover all areas. Our coverage maps show the general coverage area, however, within the coverage area, some local conditions could prevent or interfere with reception. If during the term, you (or any other person using the handset) relocate temporarily or permanently with the handset to an area not covered by the Evolution Telecom Mobile Digital network, you remain liable to pay the monthly access fee for the remaining months of the term.

7. The Evolution Telecom Access Card remains the property of Evolution Telecom at all times. We may ask you to return this card if you have been given a replacement or your service has been cancelled.

8. HANDLING OF PERSONAL INFORMATION AND CREDIT INFORMATION
Evolution Telecom collects and uses Personal Information about you primarily to supply you with the products and services you order from it and its related companies. Evolution Telecom also collects and uses Personal Information for related (or secondary) purposes including:
a) billing and account management;
b) business planning and product development; and
c) to provide you with information about promotions, as well as the products and services of Evolution Telecom companies and other organisations.
Evolution Telecom is required by law to collect certain Personal Information about you, including your name, address, telephone service number and other public number customer details, and to provide it to the operator of the Integrated Public Number Database(IPND) for inclusion in the IPND. Information in the IPND is used to develop directories and to assist emergency service organisations. If your phone number is unlisted, your information will be marked accordingly in the IPND and its use and disclosure will be strictly controlled.

If you do not provide all the Personal Information Evolution Telecom requests from you, Evolution Telecom may be unable to supply the products or services you have requested, or Evolution Telecom may be restricted in the way it supplies these products or services to you.

Evolution Telecom may disclose Personal Information about you (for the purposes set out in clause 1) to:
a) any of the Evolution Telecom Group companies, or any other corporation related to Evolution Telecom;
b) Evolution Telecom' agents, dealers, contractors and franchisees;
c) Evolution Telecom' suppliers who need access to the Personal Information to provide Evolution Telecom with services, enabling Evolution Telecom companies to supply you with the products and services you have ordered; and
d) joint venture partners of the Evolution Telecom Group.

If you wish only to receive communications that are account-related or legally required, you may request not to receive other communications (ie you may "opt out"). If you wish to make a request to opt-out, you can do so at any time by letting Evolution Telecom know of your request by contacting the Evolution Telecom customer service line on 1300 669 073. If you provide Evolution Telecom with an opt-out request, Evolution Telecom will activate your request as soon as reasonably possible after receiving it. Evolution Telecom will not charge you for processing a request to opt-out.

You may request access to Personal Information Evolution Telecom holds about you, and Evolution Telecom will grant you access unless it is required or permitted to refuse such a request. You may also request that information about you be corrected if you think that it is not accurate. You should contact 1300 669 073 if you require more information.

For the purpose of processing your application and ongoing credit management of your account, Evolution Telecom may need to disclose to a credit reporting agency:
a) personal identifying details, including your name, current and previous addresses, driver's licence number, date of birth and employer;
b) the fact you have applied for an Evolution Telecom service, and any credit limit on your account;
c) the amount of any payments which are overdue for at least sixty (60) days, when steps have been taken by Evolution Telecom to recover those overdue payments;
d) where an overdue payment has been previously reported, advice that the payment is no longer overdue;
e) cheques or credit card payments which have been dishonoured;
f) court judgments or bankruptcy orders made against you;
g) that, in the opinion of Evolution Telecom, you have committed a serious credit infringement; and
h) when Evolution Telecom ceases to provide products or services to you.

You authorise Evolution Telecom to disclose the information described in clause 7 to a credit reporting agency. You also authorise Evolution Telecom to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and Evolution Telecom' franchisees, agents, contractors and outlets, the same information and any other information on this form and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act.

You authorise Evolution Telecom to obtain and use personal credit information (eg; your existing household loans and personal credit card history) for the purpose of considering an application by you for commercial credit; (to use the Evolution Telecom service and your phone as a sole trader.) You authorize Evolution Telecom to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the

Service will be used for domestic purposes.
Evolution Telecom may refuse or cancel the supply of products or services on the basis of its credit assessment of you. You are entitled to see, and to correct, any credit information which Evolution Telecom holds about you.

9. Evolution Telecom may pay commission to any Evolution Telecom dealer or retailer who introduces you to Evolution Telecom.

10. When making the selection Directory Listing or White Pages Listing, the specified number will be listed in the next available edition of the white pages. Evolution Telecom may contact you on this number.

11. New mobile services for private and sole trader use may apply for access to outgoing international calls by ringing customer service.
Access may be granted at Evolution Telecom’ discretion and upon review of your credit and payment history.

12. If you select the Evolution Telecom Caller ID service, your phone number (and in some instances a name) may be displayed automatically on the equipment of:
a) customers of that service;
b) customers of similar wireline or mobile service’s provided by carriage service providers, and called from your service.

13. Free Call Hold/Wait is provided free by Evolution Telecom to customers with compatible digital handsets.

14. Free VoiceMail access means monthly access is free and diversion and retrieval charges to be paid by the customer.

15. You may suspend the operation of your Evolution Telecom Mobile Digital service in respect of any mobile digital handset, for reasons other than having a lost or stolen phone, once only during the term. Your once only suspension many only be for a maximum of one month. You will be charged only a suspension fee for that month (or part month) in respect of which your mobile digital handset is suspended, but the term in respect of that handset will be extended for the period of your suspension.

17. Please note that calls to some ‘13’ services from a regional area will result in your call being routed to a capital city rather than to your
closest regional centre.

18. Prices quoted in brackets are GST inclusive. On your Evolution Telecom Bill (called a Tax Invoice), call charges and credits will be shown excluding GST. GST will be calculated on the total value of taxable supplies during the billing period (less any credits) and shown as a separate charge.

19. This agreement may be varied only in writing, signed by you and Evolution Telecom.

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