Trinity Telecom - It's your call for Low Cost Telecommunications

Full SFOA

Internet Terms and Conditions
We, TRINITY TELECOM Limited (ACN 108 322 452), will provide you, our customer, with services in accordance with these terms and conditions, the applicable charges notified to you from time to time and the TRINITY TELECOM Full Service Application (the "Application") collectively, (the "Agreement").

PROVISION OF SERVICES

1.1

Services: We will provide you with the telecommunications services nominated, or assumed to be nominated, by you on the Application and other services we may agree to provide to you from time to time ("Services") on the terms of this Agreement. If you fail to nominate telecommunication services on the Application, you acknowledge that we will assume you wish to select TRINITY TELECOM as your default carrier for local, national and international long distance calls and calls to mobile services. Services will only be provided if you are either a residential customer or a small to medium business customer and you meet our credit policy requirements.

1.2

Provision of Services: We will provide you with the Services for all your local, national and international long distance calls and calls to mobile services (as applicable) unless you dial another override code for long distance, international calls or calls to mobile services (as applicable) on a call by call basis. We will provide the Services using our facilities and services or those of other carriers, telecommunications service providers or equipment suppliers ("Supplier").

1.3

Variations: We may vary any term of this Agreement at any time in writing. To the extent required by any applicable laws or determinations made by the Australian Communications Authority (ACA), we will notify you of any such variation.

CHARGES FOR SERVICES

2.1

Invoicing: We will bill you monthly for the Services in accordance with our current charges as notified to you from time to time. We may vary invoice frequency at our discretion.

2.2

Method of Billing: Unless otherwise expressly stated in this Agreement, we will generally bill you in advance for periodic charges, connection and service fees (where applicable) and in arrears for usage charges, although this may vary in certain cases. We will endeavour to bill you within the next normal billing period for charges billed in arrears, but we reserve the right to bill you for those charges in later billing periods.

2.3

Time for Payment: All charges must be paid by the due date shown on the invoice.

2.4

When available, we may debit amounts directly from your nominated bank or credit card account as they become owing where you have chosen that method of payment. In any event, if you have provided your bank account or credit card details, where amounts remain outstanding after 30 days we may debit those amounts from your nominated bank or credit card account without further notice unless we have received written notice from you disputing those amounts in good faith. If a direct debit fails or is rejected, we reserve the right to pass on any charges that we may incur due to the failure or rejection.

2.5

Our charges to you may pass on any charges another Supplier charges to us (including increases and special or one-off charges) without notice to you.

2.6

You will be responsible for all charges for all Services used on your account, whether the use was by you or by another person, with or without your permission.

2.7

Other Charges: You will pay us in accordance with clause 2.3 any charge which any other Supplier or other person renders to us:

(a)	If you approach that other Supplier or person directly, or otherwise than through us; or
(b)	For connection or initiation of any Service or for cancellation of any Service.
(c)	There will be a fee for the use of credit cards. America Express 3%. This fee will be shown on following month's phone bill.
(d)	If you do not pay the account by the due date, then we may charge a fee of $16.50 on all plans. This fee will appear on the next bill. We may also bar your services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement.

2.8

Billing from other Suppliers: If you use an override code or access code to access services offered by another supplier, you will be billed by that supplier for charges you incur unless we have a separate arrangement in place for the supplier to charge us directly, in which case we will pass on the charges to you in accordance with clause 2.5.

2.9

Interest: We reserve the right to charge interest on any part of the charges not paid to us by the due date. Interest, calculated daily, will be charged from the due date until payment at a rate 3% above the Commonwealth Bank Overdraft Reference Rate published at the beginning of the month of that date.

2.10

Suspension: We reserve the right to suspend provision of Services to you, where charges owing to us or any amount owing under this clause remain outstanding after 60 days, unless we have received written notice from you disputing those charges in good faith. If we suspend or terminate the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee.

2.11

Unclaimed amounts: In the event that your account is terminated and monies are owed to you by us, we will notify you of these amounts. In the event you do not claim those monies within 3 months of being notified we will retain the money and you agree that you will have no further claim in relation to those monies.

2.12

Costs incurred in Recovery of Overdue Amounts: If we incur costs in recovering overdue amounts from you, including (without limitation) mercantile agents' costs, disconnection of services costs, costs incurred in commencing legal action such as service fees and search fees, we reserve the right to recover these amounts from you in addition to the overdue amounts.

2.13

Dishonoured cheques: TRINITY TELECOM reserves the right to terminate the Agreement without notice to you in the event:

(a)	you have not paid amounts owing to us in accordance with this clause; and
(b)	A cheque provided by you in payment of that invoice is dishonoured without a valid explanation being provided by you. We may also charge you a dishonour fee if a cheque used to pay a bill is dishonoured.

2.14

Security Bond: We may require you to lodge a security bond as a condition of us providing Services to you. You authorise us to deduct from that bond any amounts remaining owing to us 30 days after the date of an invoice. If you have paid all of our invoices on time for 12 consecutive months, we may either refund the bond or credit it to your account. The amount of the security bond will be no greater than the credit limit described in clause 2.15.

2.15

Credit Limit: We may from time to time set a credit limit for the provision of the Services to you. You will be notified of this credit limit and any variation to it. If you exceed this credit limit, we may restrict the Services available to you without notice.

2.16

GST: Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, you must pay to TRINITY TELECOM in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time as any part of the charges for the Services is payable. TRINITY TELECOM will issue a tax invoice to you for the supply of those Services at or before that time.

PERIOD OF AGREEMENT

3.1

Commencement of Agreement: This Agreement starts when you sign the Application or otherwise accept these terms and conditions, or when you first access our Services after receipt of these terms and conditions (whichever occurs first) and continues until terminated.

3.2

Commencement of Services: The provision of services commences when your accounts are transferred from your current supplier to us and upon completion of installation of any necessary equipment and any other arrangements with another supplier for the provision of the services.

TRANSFER OF SERVICES TO US

4.1

Changing your current arrangements: If in providing the Services, we need to change your arrangements with your current Supplier, then we will do so in accordance with this clause.

4.2

Transfer to us: By signing the Application or otherwise accepting these terms and conditions you:

(a)	acknowledge that there may be consequences as a result of transferring your existing services to us arising from your contract with your current Supplier and understand that it is your responsibility to check the terms and conditions of any existing contracts that relate to the services being transferred;
(b)	authorise us to sign on your behalf and in your name forms of authority to your current Supplier to transfer your accounts into our name; and
(c)	authorise your current Supplier of telecommunications services to transfer to us all telecommunications services relating to the telephone numbers transferred to us; and
(d)	will remain responsible for all amounts owing to your current Supplier of telecommunications services for any services they supply, or have supplied, to you.

4.3

Credits: If your current Supplier credits us with any amount concerning services provided before the date of transfer, we will credit that amount to your account.

4.4

Charges for Transferred Services: If your current Supplier raises a proper charge relating to a service it provided to you before the commencement of Services under clause 3.2, we will advise you accordingly, and you must pay your current Supplier (or us, if we include the charge in our invoice) that amount. If you dispute the amount claimed, you must notify us in writing.

4.5

Indemnity: We will not accept any liability for any amounts owing by you to your current Supplier for services which your current Supplier provided to you prior to the commencement of Services under clause 3.2. You must indemnify us against any claims made by your current Supplier to us in relation to any such amounts.

TRANSFER OF SERVICES FROM US TO ANOTHER SUPPLIER

5.1

Transfer: If in the future you ask us to transfer any of the Services to another Supplier, then you remain responsible to us for amounts payable prior to the transfer, and you will immediately pay us that amount on receipt of our invoice.

5.2

If after the transfer you elect to use any of our Services by the use of an override code, you agree to pay us for any charges incurred for those Services.

5.3

Termination of Services: You must notify us in accordance with clause 9.1 if you wish to terminate a Service. The provision of that Service will cease upon transfer to another Supplier.

5.4

Billing: We will endeavour to bill you for those Services within the next normal billing period but we reserve the right to issue subsequent invoices in relation to unbilled fees and charges.

5.5

Dispute: If we become aware of other proper charges (including fees payable to any other Supplier) for those Services up to the date of transfer, or we resolve any dispute so that any liability of ours relating to those Services is quantified, then you will immediately pay us all such amounts on receipt of our invoice.

5.6

Credits: We will credit you with any amount credited to us by another Supplier for those Services provided up to the date of transfer.

PERSONAL INFORMATION

6.1

We may collect personal information about you ("your personal information").

6.2

You acknowledge and agree that:

(a)

We may collect your personal information from you or (subject to the requirements of Part IIIA of the Privacy Act) from a credit provider or credit reporting agency. If we do not collect your personal information we may not be able to provide the Services to you.

(b)

We may use your personal information:

(i)	to assess any application by you for credit or commercial credit to be provided by us;
(ii)	to conduct ongoing credit management of your account, including credit checking and scoring;
(iii)	to collect payments that are overdue in respect of any credit or commercial credit provided by us;
(iv)	to provide the Services to you (including the investigation or resolution of disputes relating to any Services provided to you) and to provide credit or commercial credit to you in respect of the Services;
(v)	to provide information to you about other goods or services which we or any of our Related Bodies Corporate or any of our partners and associates (such as telecommunication entities, providers of products, services which are related to the Services, media entities, event organizers, equipment suppliers and the suppliers of any other product or service with whom TRINITY TELECOM has engaged in a joint initiative) may offer to you;
(vi)	to carry out market and product analysis; and
(vii)	as otherwise authorised or required by law.

(c)

At any time, we may disclose your personal information to a credit reporting agency:

(i)	to obtain a consumer credit or a commercial credit report about you;
(ii)	to allow the credit reporting agency to create or maintain a credit information file containing information about you.

The information we disclose to a credit reporting agency will be limited to identity particulars about you, the fact that you have applied for credit and the amount, the fact that we are a current credit provider to you, loan repayments that are more than 60 days overdue and for which debt collection action has started, information that in our opinion you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations), and cheques drawn by you for $100 or more which have been dishonoured more than once.

(d)

We may also disclose your personal information to:

(a)	other credit providers named in a consumer credit report we obtain from a credit reporting agency about you for the purposes of: (i) other credit providers named in a consumer credit report we obtain from a credit reporting agency about you for the purposes of: (ii) notifying other credit providers of a default by you; and (iii) exchanging information with other credit providers as to the status of any credit or commercial credit provided by us where you are in default with those other credit providers;
(b)	other Suppliers for the purpose of enabling us to provide the Services to you (including the investigation and resolution of disputes or complaints concerning the provision of the Services);
(c)	Related Bodies Corporate, our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom TRINITY TELECOM has engaged in a joint initiative) so that they can provide information to you about goods and services they offer or so that we can provide information to you in conjunction with them;
(d)	government agencies or individuals appointed by a government (including the Telecommunications Industry Ombudsman and Australian Communications Authority) responsible for the investigation and resolution of disputes or complaints concerning your use of the Services for the purpose of enabling investigation and resolution of those disputes or complaints;
(e)	other entities with whom we have established or will establish an affinity program to enable you to participate in the affinity program;
(f)	Other entities who provide services to us related to the provision of the Services to you (including SMS, a mail house and resellers or contractors engaged by resellers) to enable them to provide those services to us or administer payment arrangements in connection with those services.

6.3

If required by law, we will provide you with access to your personal information that we have in our possession upon request.

6.4

If you change your address or other billing contact details, you must notify us within 14 days

YOUR COMPLIANCE

7.1

Compliance: You will ensure that you comply at all times with all laws and obligations, including licence conditions, applicable to the Services and their use.

7.2

You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense we suffer as a result of you doing so.

TERMINATION

8.1

Termination: Either of us may terminate the Agreement by giving 30 days written notice to the other.

8.2

Immediate Termination: We may terminate this Agreement immediately by notice to you if:

(a)	you have breached this Agreement;
(b)	a provisional liquidator, liquidator, receiver or receiver and manager or any other administrator of your business or assets is appointed or if you enter into any composition with your creditors; or
(c)	you change your address or billing contract details without notifying us in accordance with clause 6.4

8.3

You remain liable for all charges payable under the Agreement in respect of Services up to the time of termination.

8.4

If you are an individual, in the event of your death, TRINITY TELECOM reserves the right to terminate this Agreement without notice as soon as TRINITY TELECOM becomes aware of your death. All outstanding charges under this Agreement must be paid by your estate.

LIMITATION OF LIABILITY

9.1

Performance: Because the performance of some Services may be affected by your levels of use, the levels of use of other users and of facilities related to providing the Services, we do not warrant that Services will be free of blockages, delays or faults of this kind and we will not be responsible for any loss or damage which may result.

9.2

Warranties: Except as provided in clause 10.1 and as required by law, and subject to clause 10.3, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the Services are excluded, and we will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services.

9.3

Limitation of Liability: Our liability for any breach of any term, condition, warranty or under any remedy implied by law (which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied.

9.4

No Liability: We have no liability to you or to any other person for:-

(a)	acts or defaults of other Suppliers;
(b)	faults or defects in Services which are caused to any material extent by your own conduct or misuse; or
(c)	faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to Services which we have arranged under this Agreement) which are due to incompatibility with the Services.

10.

CONFIDENTIALITY

10.1

We retain all intellectual property rights in any information relating to the Services, the design or operation of our network and other technical information relating to the provision of the Services ("Confidential Information").

10.2

You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.

10.3

On the termination of this Agreement for any reason, you will return all Confidential Information to us. If you have destroyed these, or any of them, then you will give us a written declaration accordingly.

10.4

You will keep confidential the manner in which we arrange Services under this Agreement, including our charges and discounts, and other financial information.

10.5

You will not use information which you acquire from us for any purpose unauthorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

11.

FORCE MAJEURE

11.1

We are not liable for:

(a)	any delay in installing any Service,
(b)	any delay in correcting any fault in any Service,
(c)	failure or incorrect operation of any Service, or
(d)	any other delay or default in performance under this Agreement, If it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by any other Supplier.

12.

ASSIGNMENT

12.1

You will not assign charge or otherwise deal with your rights under this Agreement except with our prior written consent.

12.2

We may, on 30 days' written notice, assign all our rights and obligations under this Agreement.

13.

GENERAL

13.1

Information: We may give to and receive from other Supplier's information about your account, including particulars of calls and call charges.

13.2

Governing law: This Agreement is governed by the laws of Queensland.

13.3

Entire Agreement: This Agreement contains the whole understanding between us to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.

13.4

No reliance: You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.

13.5

Release: You accordingly release us and each of our officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed or otherwise accepted, and from the negotiations leading to it.

13.6

Waiver: The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.

13.7

Customer Service Guarantee: To the extent applicable, the Customer Service Guarantee applies to the provision of Services under this Agreement. For information on the TRINITY TELECOM Customer Service Guarantee, visit the TRINITY TELECOM website at http://www.trinitytelecom.com.au/.

13.8

Standard Form of Agreement: These terms and conditions have been formulated under section 479 of the Telecommunications Act and filed with the Australian Communications Authority and will be referred to as the TRINITY TELECOM Full/Long Distance Service Standard Terms and Conditions

14.

ADDITIONAL CHARGES

14.1

Line Connection
Description of service	Connection charge for first service^ additional service*	Connection charge for each
(i) Telephone line connection A working telephone socket exists from a previous connection and a technician is not required to visit your business property or premises.	$59.00	$59.00
(ii) Telephone like connection with a technician visit a previous telephone service existed at your business premises and a technician is required to visit your business property / premises to reconnect existing suitable cabling at the Main Distribution Frame (MDF) or first socket where no Main Distribution Frame exists.	$125.00	$75.50
(iii) New Telephone line connection (a) New telephone line connection - a telephone service has not previously been connected at your property or premises (although we may have previously installed cabling to your property or premises and you may be able to hear a dial tone); or (b) Telephone line connection with a technician visit with cabling work a previous telephone service existed at your property or premises and one of our technicians is required to visit your property or premises to install and/or work on the cabling up to the main distribution frame or first socket where no main distribution frame exists.	$299.00	$179.00

Things you need to know

^Connection charge for first service (inc. GST)
*Connection charge for each additional service connected at the sane tune (same premises, same customer) (inc. GST)
Additional charges may apply for items such as cabling past the Main Distribution Frame MDF or first socket where no MDF exists, trenching or more difficult installations.

Type of charge:	Amount (inc GST)
Reconnection Fee	$55.00
Technician Call-Out Fee for Faulty Customer Owned Equipment	$99.00

14.2

Residential Value Added Services

Service	Description	Monthly cost (per month) inc GST
3 Way Chat	3-Way Chat allows you to chat with two people at once	$0.64
Call Back	If the number you're calling is engaged, Call Back can ring you as soon as the number is Free.	$0.40
Call Connect	Call Connect 12456 is the service that finds the number you are looking for and connects you straight through.(** plus call charges apply if the call connection option is selected)	$1.46**
Call Control	Call Control allows you to restrict the types of calls made from your home or company phone. You can choose to bar STD, international, 190, or local numbers.	$3.80
Call Forward	Call forward transfers calls from your home phone to a number you choose, be it your mobile, pager, answering service or another phone.	Free
Call Forward Selected Callers	Choose which calls are forwarded to your mobile, pager, answering service or other phone numbers, from your home phone. You can have up to 15 numbers redirected.	$2.53
Call Forward Set the time	Forward calls from your home phone to your mobile, pager, answering service or other phone numbers during times that you have specified. You can set up to 15 time periods during which your calls will be forwarded.	$3.80
Call Return	You may know Call Return as *10#. Call Return lets you retrieve the phone number of your last unanswered (missed) call	$0.41
Call Waiting	Call Waiting can let you know if a new caller is trying to contact you while you are already on the phone. .	Free
Calling Number Display	Calling Number Display lets you identify who is calling by displaying the caller's phone number. It also stores the date and the time of the call, as well as the phone numbers of people who hang up without leaving a message.	$6.90
Delayed Hotline	Delayed Hotline allows you to call a particular phone number without dialling. You just pick up the phone, wait four seconds, and the number will be dialled automatically	$3.80
Trinity Telecom Voicemail (Our Message Bank Product)	Voicemail provides an answering service for when your line is busy or you cannot get to the phone. This can be accesses from any Telephone	$6.90
Multiple Number	Add an extra phone number to your existing phone line, as well as the option of separate billing for that number.	$6.90
Phone and Fax Multiple Number	Phone and Fax Multiple Number (Duet) Phone and Fax Multiple Number allows you to add a fax number to your existing phone line, giving you separate phone and fax numbers without installing a second line.	$6.90
Remote Access	Remote Access allows you to activate or change your Residential Home Line Features, from an external location	$2.53
Silent/Private Number	The telephone number is automatically blocked when you make an outgoing call. Your number will not be listed in the White Pages or Directory.	$3.06
Smart Ring	Smart Ring lets you identify who is calling by the sound of your telephone's ring. You can select up to three distinctive rings. Any calls not linked to a Smart Ring List are announced by the normal ring tone.	$5.06
Number Redirection	Number Redirection provides you with a call diversion service when you move home or business 1) $23 per month post paid; or 2) Prepaid option of 3 months ($34.50) 6 months ($69) or 12 months ($138)
Wide Area Call	Wide Area Call option offers un-timed STD voice calls to locations under 50km away Trinity Telecom does not offer this as part of any of its call plans.

15.

SPECIFIC PLAN TERMS AND CONDITIONS

15.1.	Cancellation	Non payment of your bill may result in the suspension or disconnection of your Trinity Telecom services.
15.1.2	Paper Invoice Fee	A $1.77 fee will apply if you choose to receive a paper bill posted to you. To avoid this fee you may change to an electronic bill sent to you by email
15.1.3	Credit card Fee	If you use an Amex credit card, to pay your bill, a 3% fee (ex GST) will be charged. This payment processing fee will be shown on your Trinity Telecom bill after the payment has been processed. Exemptions may apply
15.1.4	Single Bill	Trinity Telecom may place one or more of your services that you have with Trinity Telecom on a single bill. A $1.90 per month fee applies if you account is not paid by direct debit. Non payment of a bill may result in the suspension or disconnection of the Services. Trinity Telecom supplies these services to you on the terms of the Trinity Telecom Standard Form of Agreement which is available on the Trinity Telecom website at www.trinitytelecom.com.au or on request by calling 1300 786 192 . Prices quoted include GST, unless otherwise stated. Offer may be withdrawn or change at any time without notice.
15.1.5	Contract Term	Trinity Telecom may from time to time apply a contract period of no less than 12 months for the installation of new residential landline services. Connection fees will apply as per the details set out in section 14.1 - Line Connection. An early termination fee will apply if the services are under contract and the services are either disconnected or churned to another carrier within the contract period. The early termination fee will be a fixed value of $264.00 (inc GST) per service.
15.1.6	Direct Debit	It is a requirement that all new residential customers (either new installation or churn from another provider) pay their monthly accounts by direct debit. The completed Direct Debit application must be received at the same time as the application for service. If a Direct Debit application is not received then Trinity Telecom reserves the right to reject the service application until such time as a completed Direct Debit form is received.

PROVISION OF MOBILE SERVICES

About our Mobile Terms

1.1

This is our Mobile Terms section of our SFOA and applies to our Mobile Services.

1.2

The General Terms of our SFOA, the terms of your Mobile Service Plan, and the terms of any Offers you have taken up, also apply.

Our Mobile Service

2.1

Our Mobile Service gives you:

(a)	access to the Telstra GSM or Optus 3G network (whichever is applicable to your Service as stated in your Mobile Service Plan) (the Mobile Network);
(b)	the ability to make and receive mobile phone calls;
(c)	the ability to access SMS and other value added services; and
(d)	the use of a mobile phone number.

2.2

Your ability to make international direct dial calls or to use your Mobile Service when you are in countries other than Australia is subject to our approval. You must obtain our express authorisation to use your SIM card in countries other than Australia. In some circumstances we may require you to provide some form of security, such as a security deposit, before we allow you to access those services.

2.3

You are responsible for enquiring whether mobile coverage is available in areas in which you will ordinarily require the Mobile Service.

Our Mobile Service Call Charges

3.1

Our national and mobile calls, WAP, SMS, GPRS and MMS and any other value added services offered by us from time to time will be charged in accordance with your Mobile Service Plan and may be obtained by visiting http://www.trinitytelecom.com.au/ or calling us on 1300 786 192.

3.2

Subject to the terms of your Mobile Service Plan, if you notify us and we agree, you may upgrade or downgrade your Mobile Service Plan.

3.3

You will be charged for all calls you make while Roaming outside of Australia. Please be aware that you will also be billed for calls that people make to you when you are Roaming. Your caller pays what they would normally pay to call you in Australia and you pay the additional Charge to send the call overseas to you.

3.4

We are not able to control the variations in Roaming Charges as they are set by the overseas operator whose network you are Roaming on and are also subject to international exchange rate fluctuations. To find out about Roaming Charges, visit http://www.trinitytelecom.com.au/ or call us on 1300 786 192.

Connecting your Mobile Service

4.1

If you wish to apply for a Trinity Telecom Mobile Service you must complete an Application Form.

4.2

We aim to connect applicants for our Mobile Service within forty-eight hours of receiving and accepting an Application Form.

4.3

If you have asked us to Port an existing mobile phone number away from another mobile service provider, then we aim to connect you within two hours of successfully completing that Port.

4.4

If you are applying for a new mobile service we will allocate a number from our pool of available service numbers at no cost.

4.5

If you request a special number we will offer you a range of numbers based on your requirements. These numbers vary in price depending upon your request. The costs and descriptions are as follows:

	GOLD	SILVER	BRONZE

Same number	Six of the same: e.g. 777 777	Five of the same: e.g. 777 771

Numbers in sequence	Six in sequence: e.g. 345 678	Five in sequence: e.g. 345 671	Four in sequence: e.g. 345 600

Triplet sets identical	Two identical Triplets: e.g. 348 348	Identical pairs in same position within triplets: e.g. 220 221	One Triplet Number: e.g. 333 310

Triplet sets identical	Two identical Triplets: e.g. 348 348	Identical pairs in same position within triplets: e.g. 220 221	One Triplet Number: e.g. 333 310 or 310 333
	Double Triplets: e.g. 444 888	One identical Triplet, one triplet in sequence: e.g. 222 345
		Mirror Image: e.g. 348 843

Number pairs	Three identical pairs: e.g. 34 34 34	Three pairs not identical: e.g. 23 34 56	To out of three identical pairs: e.g. 33 44 05
		Three pairs in sequence: e.g. 33 44 55

	$275.00 (inc GST)	$137.750 (inc GST)	$71.50 (incGST)

Faults

5.1

We will notify the mobile network provider of any faults reported to Trinity Telecom so that full Mobile Service can be restored as soon as reasonably practicable.

Mobile Phone Numbers

6.1

If you would like to change your mobile phone number you must pay the applicable charge set out in the Schedule of Charges each time you request a new mobile phone number.

6.2

Within reason, you may ask us to search our database of available mobile numbers to choose a particular mobile number.

6.3

If you have not activated your reserved mobile number within six months, we will return the number to our database of available numbers.

6.4

If you have chosen a Premium Number you are required to pay an upfront Charge for the reservation of that Premium Number as set out in the Schedule of Charges.

6.5

We may, from time to time, auction Premium Numbers and therefore, the prices of Premium Numbers reserved at auction may differ from the Premium Number Charges set out in the Schedule of Charges.

SIM cards and handsets for Telstra GSM Network

7.1

If your Mobile Service is on the Telstra GSM Network, you will need to insert a SIM card into your handset. The original SIM card that we give you is included in your Mobile Service Plan. If you need a replacement SIM card, you must pay the Replacement SIM Card Charge set out in the Schedule of Charges. You will not be required to pay the Replacement SIM Card Charge if the original SIM card is faulty or defective.

7.2

We may specify certain procedures for activation of your SIM card to protect against unauthorised use. You must take all reasonable care to keep the SIM card safe and in good condition.

7.3

If you lose your SIM card or if it is stolen (including if your handset is lost or stolen with the SIM card inserted) you need to tell us immediately. You are responsible for all Charges up until the time you tell us that your SIM card is lost or has been stolen.

7.4

All Intellectual Property in your SIM card remains the property of the supplier of that SIM card, i.e.: Unitel.

Handset Blocking for your Mobile Service on the Telstra GSM Network or Optus 3G Network

8.1

You can ask us to:
(a) block the use of your handset for your Mobile Service if it is lost or stolen; or
(b) unblock the use of your handset for your Mobile Service.

8.2

In relation to the Telstra GSM Network, we block the use of your handset for your Mobile Service by invalidating the IMEI number of the handset in the Equipment Identity Register of the GSM networks. This means that no-one will be able to use your handset, except to make calls to emergency services and certain customer service numbers.

8.3

You indemnify us (and must pay us) for any loss or liability that we may incur by acting on your request to block or unblock the use of your handset for your Mobile Service.

8.4

You can ask us to unblock the use of your handset:
(a) if you believe that we have blocked the use of a handset for your Mobile Service by mistake; or
(b) if you have recovered your lost or stolen handset.

8.5

We can block the use of a handset for your Mobile Service if we reasonably consider that a handset has been lost or stolen. We will use reasonable endeavours to contact you before we block your handset.

8.6

We may block or continue to block the use of a handset for your Mobile Service if the handset has been lost or stolen, even if you prove to us that you have acquired the handset in good faith without knowing that it has (or may have) been lost or stolen.

Telstra GSM Network / Optus 3G

9.1

When other mobile service providers can block handsets Regardless of why we have blocked your handset for your Mobile Service, we will include the IMEI number of that handset on a list of IMEI numbers that we have blocked.

9.2

We send this list to other mobile service providers in accordance with the inter-carrier blocking initiative introduced by the Australian Mobile Telecommunications Association. We may also block the use of your handset if its IMEI number is on a list of blocked numbers we receive in accordance with this blocking initiative. This would most commonly happen if a previous owner had reported the handset lost or stolen.

9.3

Other participating mobile service providers will then invalidate the IMEI numbers on that list so that the corresponding handsets will not work on their GSM networks.

9.4

We do not promise that the other participating mobile service providers will invalidate your IMEI number or do so within a certain period of time.

10.

Mobile Number Portability(MNP)

10.1

We provide a MNP service as an option for you changing your mobile service provider.

10.2

MNP allows you to keep your existing mobile phone number when you stop using the mobile service linked to that number and take up a new mobile service with another mobile service provider. This process is known as Porting. You can only Port active mobile phone numbers.

10.3

If you wish to Port a mobile number to Trinity Telecom then you must complete and sign a Mobile Number Portability Customer Authorisation Form. Porting to Trinity Telecom is subject to our Mobile Porting Terms and Conditions which are available on our website http://www.trinitytelecom.com.au/ or by calling 1300 786 192. Our SFOA, including these Mobile Terms, will only apply to the use of a mobile number once it is successfully Ported to Trinity Telecom.

10.4

If you Port away from us, you will continue to be responsible for any outstanding amounts owing to us on your account.

10.5

We are not liable to you for any direct or indirect loss or damage that you may suffer due to a failure or delay in the Porting process that was due to matters outside our control including the acts or omissions of another mobile service provider.

11.

Calling number display

11.1

Calling number display allows a person receiving a call from you to see your mobile phone number on their handset. Calling number display is automatically activated on commencement of your Mobile Service. If you do not want your number displayed, check your handset user guide to see whether you can deactivate the functionality yourself or contact us to deactivate this functionality for you.

12.

Definitions

12.1

In our Mobile Terms, the following words and abbreviations have the following meanings:

Equipment Identity Register means the GSM equipment identity register database, which contains information on the identity of mobile equipment to prevent calls from stolen, unauthorized or defective mobile stations.

ESN means electronic serial number, which is a unique identification number that every CDMA handset has and is assigned by the specific manufacturer. When a CDMA call is placed on a CDMA device, the ESN is embedded within the signal and transmitted each time a call is placed.

GSM means the global system for mobile communication. In Australia, GSM is used to refer to the 900MHz band.

GPRS means General Packet Radio Service.

IMEI means the International Mobile Equipment Identity.

MMS means Multimedia Messaging Service.

Mobile Service means any of Trinity Telecom's mobile telephone services which access the Telstra GSM or Optus 3G Networks

Mobile Service Plan means the specific plan that you subscribe to for use of a Mobile Service. You can obtain a copy of your Mobile Service Plan by visiting http://www.trinitytelecom.com.au/ or by calling us on 1300 786 192.

Mobile Number Portability (MNP) means the ability to Port a mobile telephone number as described in clause 11.

Mobile Number Portability Customer Authorisation Form means an authorisation form signed by the Customer to Port an MSN to a new Supplier.

Port or Porting means to keep your existing mobile phone number when you stop using one mobile service provider's services and take up a new mobile service with another mobile service provider.

Premium Number means a specially reserved mobile phone number that you have purchased the right to use. The Charges for Premium Numbers are set out in the Schedule of Charges.

Replacement SIM Card Charge means the charge for replacing your SIM card as set out in the Schedule of Charges.

Roaming means using your Mobile Service when you are in countries other than Australia.

Schedule of Charges means the schedule of charges annexed to this SFOA. You can also access our Schedule of Charges via our website http://www.trinitytelecom.com.au/ or you can receive a hard copy by calling us on 1300 786 192.

SIM means Subscriber Identity Module, a removable card or module which is used in the GSM authentication procedures and contains the international subscriber identity (IMSI) number and other subscriber data, any associated information and intellectual property.

SMS means Short Messaging Service.

WAP means Wireless Application Protocol.

13.

Mobile Porting Terms and Conditions

13.1

You may be able to port your mobile number from your current mobile service provider to Trinity Telecom if that mobile number is declared portable under the Australian Communications and Media Authority's Telecommunications Numbering Plan 1997 which you may obtain a copy of by visiting http://www.acma.gov.au/

13.2

Trinity Telecom agrees to comply with the operational procedures for porting mobile numbers described in the Australian Communications Industry Forum's Industry Code - Mobile Number Portability ACIF C570 2005 (MNP Code) which you may obtain a copy of by visiting http://www.acif.org.au/ The terms "Customer Authorisation", "Port Cutover Notification Confirmation" and "Standard Hours of Operation" have special meanings as described in the MNP Code.

13.3

The terms of Trinity Telecom's Standard Form of Agreement - Mobile Terms (Trinity Telecom's SFOA) will apply to the supply of mobile services to you by Trinity Telecom once you have successfully ported your mobile number to Trinity Telecom. You can obtain a copy of Trinity Telecoms SFOA by visiting http://www.trinitytelecom.com.au/ or by calling 1300 786 192.

13.4

If your mobile number cannot be ported to Trinity Telecom then your application to become an Trinity Telecom mobile customer will be cancelled, you will not become an Trinity Telecom mobile customer and Trinity Telecoms SFOA will not apply to your use of your existing mobile number. Alternatively, you may accept a new mobile number from Trinity Telecom, and your use of that number will then be subject to Trinity Telecoms SFOA.

13.5

This Customer Authorisation to port your mobile number to Trinity Telecom is valid for 30 days from the date shown overleaf.

13.6

You acknowledge that:

(a)	Only your mobile number ports to Trinity Telecom. Existing value added services (including voice mail, SMS, paging or facsimile services) provided by your current mobile service provider may be lost and new value added services will be provided by or on behalf of Trinity Telecom.
(b)	There may be costs and obligations associated with porting your mobile number away from your current mobile service provider and you may lose any remaining pre-paid call credits if you port from a pre-paid mobile service.
(c)	You may have an ongoing contract with your current mobile service provider which requires the payment of cancellation and/or terminations fees to that mobile service provider if you port to Trinity Telecom.
(d)	Regardless of whether your mobile number is successfully ported to Trinity Telecom, you will still be responsible for any amounts owing to your current mobile service provider.
(e)	Your current mobile service provider may or may not disconnect your existing mobile service and/or value added services.
(f)	If you are porting between GSM or any other mobile platform, you may need to purchase a new handset.
(g)	If you intend to use your existing handset, you may need to get it unlocked or reprogrammed prior to porting. You may also need to get a new handset.
(h)	You may withdraw your authority to port at any time before your current mobile service provider sends Trinity Telecom a Port Cutover Notification Confirmation. If you withdraw your authority to port, your application to become a Trinity Telecom mobile customer will be cancelled.

13.7

Trinity Telecom does not warrant that it can port your mobile number from your current mobile service provider or that your number will be ported to Trinity Telecom within any specified timeframe. Your current mobile service provider may reject the request to port if the information you provide is incorrect or does not match the data held by them. In this case, Trinity Telecom reserves the right to correct the information and resubmit the request to port or dispute the rejection by your current mobile service provider.
Additionally, a request to port may be rejected if:

(a)	the request is for a non-portable mobile number - e.g., a cancelled mobile number;
(b)	the MNP Code requires the request to be rejected; or
(c)	Trinity Telecom cannot otherwise provide porting for that mobile number in the circumstances

13.8

We are not liable to you for any direct or indirect loss or damage that you may suffer due to a failure or delay in the porting process that was due to matters outside our control including the acts or omissions of another service provider.

13.9

The Standard Hours of Operation under the MNP Code are AEST 8am to 8pm Monday to Friday and 10am to 6pm on Saturdays, excluding national public holidays, unless an extension is otherwise agreed by Trinity Telecom. Standard Hours of Operation may be affected by network outages or failures.

13.10

If you wish to port your mobile number from Trinity Telecom to another mobile service provider, then you must contact that other provider to implement the port.

13.11

Trinity Telecom reserves the right to charge for porting your mobile number to or from Trinity Telecom as set out in our Schedule of Charges.

13.12

Trinity Telecom may collect, use and disclose your personal information in accordance with our Privacy Policy. It is your responsibility to read our Privacy Policy, which is located at http://www.trinitytelecom.com.au/ or you may obtain a copy by calling 1300 786 192.

Fair Use Policy

14.

Use of 'Free Calls' Plans, Unlimited Plans and National and Local Call Bolt On's.
This policy includes, but is not limited, to Free Calls plans, Unlimited Plans and Bolt On's, and Fleet Mobile plans that are offered from time to time to small and medium business customers with up to 5 PSTN lines or 2 or more SIM's for the purpose of making standard calls. The offer of these plans is not for out of the ordinary purposes.
As a Small Business products out of the ordinary purposes may include: reselling or wholesaling traffic; running a call centre or telemarketing business; use of a 'tellular' type box that reroutes landline calls to mobile via a SIM card; excessive usage outside of normal business hours (8.00 AM - 6.00 PM Monday to Friday): mobile to mobile fleet calls representing more than 40% of the total mobile calls in any given month or any other purpose that may not be deemed as ordinary non commercial purpose.

If Trinity Telecom deems that your usage is excessive and/or out of the ordinary, Trinity Telecom may, without further notice to you:

suspend or limit the service (or any feature of it) for any period we think is reasonably necessary; and/or
terminate your agreement in accordance with the standard form of agreement or the business terms and conditions.
migrate your services onto a timed rate plan. This charge may be back dated, and the invoice to Trinity Telecom will be due and payable in the normal trading terms, this invoice will still be due and payable even in the event of termination of agreement with Trinity Telecom.

ISDN LOCAL DATA CALL CHARGES
ISDN local data calls (i.e. dialup to an ISP) are charged at a timed rate across all Trinity Telecom Plans. This rate is 15c for the first three minutes then 5c per min for each subsequent minute.

Internet Terms and Conditions

General

You apply to Trinity Telecom Pty Ltd ('Trinity Telecom') to provide you Broadband ADSL or Narrowband Dial-Up Internet Access as outlined in your selected Plan, for the Plan Period and on the terms specified below. You agree that Trinity Telecom Customer, Trinity Telecom Residential and Trinity Telecom Mobile Terms & Conditions are applicable and you accept these terms when bundling your Broadband service with one of the above-mentioned services. You acknowledge that Trinity Telecom Broadband service is provided without warranty that is continuous or fault Free. You must comply with the Acceptable Use Policy and you acknowledge and agree that we may exercise any of the rights specified in the Acceptable Use Policy.

Trinity Telecom may make available other services in association with the Trinity Telecom Broadband service (Additional Services). Terms and Conditions for the supply of any Additional Services by Trinity Telecom will be available at http://www.trinitytelecom.com.au/ or by contacting Customer Service on 1300 786 192. You authorise Trinity Telecom, on your behalf, if necessary, to obtain information from your existing internet provider. This may be necessary to complete and sign documentation and to take all steps necessary to give effect to this application and to transfer your ADSL and voice accounts and services from your existing provider to Trinity Telecom. By switching to Trinity Telecom you may surrender all incentives and benefits offered by your current Service Provider (e.g. discount plans, charity concessions).

To connect to the Trinity Telecom broadband service you must have an access line that is connected to the Trinity Telecom Service and be the account holder of the access line to be used to connect to the Service. You must also meet all of the minimum system requirements & have all required equipment installed.

Displayed speed is based on Trinity Telecom network testing. Not applicable if your service has been speed limited. Many factors affect speeds such as your distance form the telephone exchange, your line condition, your hardware and software, the source of your download, and general internet traffic.

ADSL

You acknowledge that Trinity Telecom is not obliged to accept ADSL applications. The Plan Period and monthly charges will commence on the day on which the modem is dispatched to you by Trinity Telecom or on such other date as Trinity Telecom reasonably designates. If your application is accepted, Trinity Telecom will endeavour to provide your Trinity Telecom ADSL service as soon as it can, but it cannot guarantee availability or a date of commencement.

Fast Transfer

Fast transfer of the ADSL service from one provider to another can only be carried out if both service providers are compatible with this transfer. Trinity Telecom ADSL Customers will be assigned one dynamic IP address. Any static/dynamic IP address allocated by Trinity Telecom will always remain the property of Trinity Telecom Broadband. Trinity Telecom ADSL is not available in all areas or to all telephone lines. To check availability in your area contact Trinity Telecom on 1300 786 192

An additional fee applies for the ADSL fast transfer process if a Customer requests to migrate their existing ADSL service from their current Internet provider to Trinity Telecom Broadband. Trinity Telecom is not liable for any breach of contract or charges that may be charged to the Customer by the previous service provider. It is the Customers responsibility to check with their existing service provider (prior to transferring their internet service) to confirm what charges they may incur should they elect to transfer to Trinity Telecom Broadband. Customers selecting to fast transfer their ADSL service from their existing Internet Service Provider to Trinity Telecom will be charged a transfer fee of $75.

Charges

Download Limit Charge
Where applicable excess data will be charged at 3.9c MB

Customers signing up to Trinity Telecom ADSL will have the cost of equipment (if applicable) ,setup charges, one month's access to the service and pro rata monthly access, calculated from the date of connection to the end of the billing period (one month in advance) appearing on the first statement. Any additional equipment requested or purchased after signup must be paid in full on the next invoice. If you purchase a modem or other equipment from Trinity Telecom, it will not become your property until they have been paid in full or at the completion of the contract if the equipment included in the selected rate.

Plans that have a download limit will charge at 3.9c /mb if the download limit is exceeded. Any Customers on a plan that has a download limit will have their download limit reset at the beginning of each billing period. Unused download portions are NOT carried over to the following month.

You can change the speed of your ADSL plan at any time. A $55 one-off administration charge will be applied per plan change. All plan changes will be effective from your next billing period. Migrating to another plan does not shorten the Term or terminate the Agreement, which will continue to apply for the Term.

You must pay the Monthly Fee in Advance and the additional MB rate in arrears. You must pay us any other applicable charges as set out in the Rate Plan upon our request including the Installation Charge and the charges for Additional Services where those services are requested by you. We will bill you monthly for the Services in accordance with our current charges as notified to you from time to time.

All charges are inclusive of GST, unless otherwise stated. All plans must be bundled with a Trinity Telecom landline product

Cancellation

Cancellation of existing service: It is the responsibility of you, the customer to cancel any internet services currently active with another service provider. Trinity Telecom is unable to do this on your behalf. Failure to do so may result in active accounts with more than one provider.

Installation

You may install the modem yourself or take advantage of the installation service offered by Trinity Telecom. The charge for the Trinity Telecom standard installation service is $150 per simple installation (for the first 15 minutes only), additional charges may apply in Regional areas, and if additional equipment or complex work is required.

Transfer of Service

If your telephone line is cancelled or transferred to another name, you will lose your Trinity Telecom ADSL connection. A $110 reconnection fee applies for reactivation of your ADSL service. If you move, Trinity Telecom will endeavour to relocate your Trinity Telecom ADSL service (subject to availability in your new area). There will be a relocation charge of $110. Additional charges may apply.

If a Customer has chosen to relocate their ADSL service to another location/phone number and the new location is not ADSL enabled, the Customer is bound by contract to pay out the service as if it were a cancellation. Trinity Telecom will not be liable for a Customer electing to relocate into a non-ADSL enable area.

Data

References to 'Inclusive Data' are to the amount of data you are entitled to download in a month without incurring "EXCESS MB" charges. Trinity Telecom is not liable for any loss, corruption or destruction of data or for any other damage as a result of using this service. "Excess MB" charges apply for amounts of data in excess of the "Inclusive Data" allowance, downloaded by you, in any month. (There is no charge for data uploads).

Requirements

Your computer equipment must meet minimum requirements. Trinity Telecom will not incur any liability for modems not supplied or approved by Trinity Telecom. Trinity Telecom will support the connection while it is connected to one standalone PC ONLY, provided it is connected with a Trinity Telecom approved modem. Additional PC's connected, as a network will not be supported. Trinity Telecom will not offer technical support for connections that are connected to the ADSL service with non-Trinity Telecom supplied modems. We do not provide help desk support for configuring a Customer's LAN (local area network) to connect to Trinity Telecom Broadband services, and do not assist with LAN related difficulties. The user is liable for any enquiries (made by the user) directed to Telstra or any other third party service provider. Additional charges may apply by calling other carriers for Trinity Telecom Broadband assistance

Speeds are shown as 'downstream/upstream' speeds, for example 256/64 refers to a speed of 256kbps for data being downloaded to your computer and 64kbps for data uploaded from your computer. These speeds may not be achieved in some cases, for example, downloading from a site that operates at a slower speed.

In some instances, installation of hardware required for the Trinity Telecom ADSL service may void your warranty, check with your computer retailer to see if this applies to you. During the installation process of Dial-Up or ADSL the original operating systems disks or CDs that came with your computer may be required. The CD may prompt you to insert your original Windows CD to complete configuration settings. Trinity Telecom does not sell, resell, or license any of the products listed on the CD. We cannot be held liable for the issues that arise from the installation or use of these products.

To maintain security on your computer, Trinity Telecom recommends that you:
(a) protect your password;
(b) keep it secure, avoid common words, names or dates, change it regularly, and do not store it on your computer;
(c) use current anti virus and firewall software;
(d) do not open suspicious emails or files from unknown sources; and
(e) protect your family from unsuitable internet content.

10.

Use of Service

You must not use the Trinity Telecom Broadband Service in such a manner so as to infringe the legal rights of, or cause harm to, any person or breach any law including without limitation to:

(a) defame, harass or cause needless anxiety to any person;
(b) make available obscene or pornographic materials;
(c) violate the privacy of any person;
(d) knowingly transmit a computer virus to another user or the Internet generally; or
(e) send any unsolicited bulk messages or breach any regulation relating to the sending of unsolicited messages.

Multiple concurrent logons are not permitted. You must not use the Trinity Telecom Broadband Service to create, use or distribute tools designed for compromising the security of our network or any communications over that network. We do not warrant that the use and installation of any Software on your own equipment will not disrupt the normal operations of, or damage, your own equipment.

11.

No Liability for Content

Trinity Telecom Broadband does not monitor and are not responsible or liable for any content or messages delivered by the Service. By using the Trinity Telecom Broadband Service you acknowledge and agree that any material downloaded or otherwise obtained through the Trinity Telecom Broadband Service is at your own risk. We give no warranty, guarantee or representation about the accuracy of the information or images available through the Trinity Telecom Broadband Service, whether supplied by us or by third parties. We are not responsible for inappropriate material viewed by minors.

12.

Dial-Up Plans

Dial-Up is charged monthly in advance. Not available to Businesses. Long Distance, Premium Calls and any additional phone features/ services are charged at usual rates. Cancelling Service will result in forfeit of any monies or payments made in advance.

=Annexure=
Applicable Call Rates

Business Saver Rates
Business Cap Rates
Business Supreme Cap
13/1300/1800 Rates
13/1300/1800 International Rates
Business Mobile Economiser Rates
Business Mobile Deluxe Saver Rates
Business 3G No Contract
Business 3G Contract + Blackberry
Business 3G Fleet (Telstra - Optus)
Wireless Broadband
BlackBerry
Business ADSL Plan (Contract)
Trinity Telecom Residential Optimum Cap
Trinity Telecom Residential Premier Cap
Residential Mobile Saver Rates
Residential Dial Up

Site by Fibonacci