Fair Use Policy

This is the Telco4U Mobile Fair Use Policy. It only applies the Telco4U Digital Mobile Service as applicable to you, the individual user. In this Policy, ‘service’ or ‘services’ means the Telco4U Digital Mobile Service and ‘Our network' refers to any carrier network used for the delivery of mobile GSM services to Telco4U customers.

   a)    This policy aims to ensure we are able to provide quality mobile services to all of our customers, and no customers are disadvantaged by the behavior of others.
   b)    This policy applies where
           1.    there is a:
              i.    Level of free time on calls, or
              ii.    Flat charge for part or all of a call, whether in connection with a specific promotion or pricing plan or a generally available pricing plan; this includes, without limitation, Cap plans, Group Cap and Fleet plans offered by Telco4U to its customers.
           2.    You may send or receive text or multimedia messages, for example, without limitation, SMS, MMS, SMS Broadcast and Email SMS
           3.    You may connect to and use information services on Optus Zoo (via WAP CSD, WAP GPRS)
           4.    You may connect to the Internet using Wireless Internet
           5.    you use voice calling on the Telco4U Push to Talk value added service feature
           6.    you use Telco4U Web SMS, Web MMS, Telco4U SMS Broadcast, Optus Zoo (via WAP CSD, WAP GPRS), Wireless Internet, Email Alerts from Telco4U or MobileMail
           7.    you use the Optus Mobile IM value added service feature
           8.    You use the Video Calling value added service feature
           9.    you use the MobileMail value added service feature below; or
           10.    You use the Voicemail value added service feature and you are a consumer or small or medium business customer connected to a plan with an ‘Unlimited Voicemail’ offer
           11.    you use the YouTube Mobile value added service feature
           12.    you are a consumer or small or medium business customer connected to an “unlimited” offer plan where the offer that is described as ‘unlimited’ including, but not limited to, unlimited calls, SMS, MMS, voicemail, data offers where we supply the service for the purpose of you making ordinary calls and or sending ordinary SMS or MMS from your mobile phone on our network but not for any commercial or non ordinary purpose (collectively referred to as “Unlimited Offers”).

   a)    If you are an excessive user of flat charge call offers we may ask you to reduce your use of these calls (outgoing or incoming). If usage continues at an excessive level following this request, we may refuse you access to these offers. You will then be charged our standard rates for calls.-
   b)    We consider 'excessive' use to be usage of more than 2,000 minutes free per month per service, except in the following circumstances:
      1.    For international calls, 'excessive' use is more than 1000 minutes per month per service.
      2.    For ‘Fleet’ calls, ‘excessive’ use is more than 1,000 minutes per month per service,
   c)    The excessive use provisions of this clause 3 doesn’t apply to customers who make calls that qualify as an ordinary standard local call or a standard national call under that offer.

  a)    In addition, and without limiting our rights under the consumer terms, the SMB terms, the general terms, or the relevant service description, where we consider your use of a free time or flat charge offer is unreasonable, then we may:
       (i) Suspend your access to that or any other flat charge offer, or
       (ii)    Suspend or cancel the service or your access to a value added service feature, in each case immediately and without notice to you.
  b)    Without limiting the meaning of 'unreasonable', we supply the service and each of the value added services for the purpose of you:
        (i) Making calls from the receiving calls to your mobile phone, and
       (ii) Sending content from and receiving content to your mobile phone on our network for your own personal or business use.
  c)    We consider your use of the service or a value added service feature, to be unreasonable if you:
        (i) Make or receive calls or send or receive content on our network other than for your own personal or business use, as described in paragraph (b) above,
        (ii) Wholesale any service (including transit, or aggregate domestic or international traffic) on our network, or
        (iii)    Use the service (including any Telco4U SIM card) in connection with a device that switches or reroutes calls to or from our network or the network of any supplier, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, in our discretion.
   d)    We also consider your use of the service or a value added service feature to be unreasonable if you set up switch devices which overcome the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network.

  a)  As set out above, this policy applies to:
      (i) The sending and receiving of SMS text messages by Telco4U Digital Mobile Service customers,
      (ii) The sending and receiving of MMS multimedia messages by Telco4U Digital Mobile Service customers, and
      (iii) The use of Optus Zoo and Wireless Internet.
   b) To ensure the availability of these value added service features to all eligible customers, if you are an excessive user of these value added service features we may request you reduce your use (outgoing or incoming messages, or uploading or downloading of data, as the case maybe) of these value added service features. If usage continues at an excessive level, we may suspend your access to these value added service features.
   c) Further, for any specials relating to these value added service features, if you are an excessive user of these value added service features under the special we may request you to reduce your use (outgoing or incoming messages, or uploading or downloading of data, as the case may be) of these value added service features. For the period of the special, if usage continues at an excessive level, we may bill you the standard rates for all messages or usage above the number or amount we consider as excessive usage.
   d) We consider 'excessive' use of:
      (i)    SMS to be usage of more than 1000 SMS text message sent per month per service,
      (ii)    MMS to be usage of more than 1000 Telco4U MMS messages sent per month per service,
      (iii)    MMS Video to be usage of more than 1000 Telco4U MMS Video messages requested per month per service,
      (iv)    Optus Zoo via WAP CSD to be usage of more than 20 hours per month per service,
      (v)    Optus Zoo via WAP GPRS to be usage of more than 5 GB downloaded per month per service,
      (vi)    Optus Zoo via 3G to be usage of more than 5 megabytes downloaded per month, and
      (vii)    Optus Zoo, for the Optus Live TV Service, to be usage of more than 10 megabytes downloaded per month per service.
   e)    Additionally, we may suspend your access to these value added service features without notice where we deem your use to be unreasonable.
   f)    Without limiting the meaning of 'unreasonable', we supply the service and each of the value added services for the purpose of you:
      (i)    Making calls from the receiving calls to your mobile phone, and
      (ii)    Sending content from and receiving content to your mobile phone on our network for your own personal or business use.
   g)    We consider your use of the service or a value added service feature, to be unreasonable if you:
  (i)    Make or receive calls or send or receive content on our network other than for your own personal or business use, as described in paragraph (b) above,
  (ii)    Wholesale any service (including transit, or aggregate domestic or international traffic) on our network, or
  (iii)    Use the service (including any Telco4U SIM card) in connection with a device that switches ore reroutes calls to or from our network or the network of any supplier, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, at our discretion.
  h)    We also consider your use of the service or a value added service feature to be unreasonable if you set up switch devices which overcome the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network.
  i)    Where we deem your use unreasonable, we may bill you at the standard rates for all messages above the number defined as excessive usage.

  a)    As set out above, this policy applies to all Optus Push to Talk (PTT) usage. To ensure the availability of our services to all eligible customers, if you are an excessive user of Optus Push to Talk (PTT) we may request that you reduce your use of these calls (outgoing or incoming). If excessive use of Optus Push to Talk (PTT) continues following this request, we may charge any excess usage at your peak digital mobile voice calling rate.
  b)    We consider 'excessive' use of Optus Push to Talk (PTT) to be more than 150 minutes of use per month per service.

  a)    If you use Web SMS, Web MMS, SMS Broadcast, Optus Zoo (via WAP CSD, WAP GPRS), Wireless Internet, Email Alerts, from Telco4U or Mobile Mail, you must comply with this policy, which is designed to ensure your use of the service does not break any laws or interfere with the right of our other customers to use the service. If you fail to comply, we may suspend or cancel your use of the service or value added service feature.
  b)    To the extent that your use of the service provides you with access to the Internet, you must be over the age of 18 years of age, or if you are not over 18 years of age, you must obtain the consent of a parent, teacher or other responsible adult prior to accessing the service.
  c)    You must not use the service in a manner which interferes with the rights of other users. For example, you must not:
    (i)    Provide false user information to us or other users,
    (ii)    Send large amounts of unsolicited or unwanted emails or message to individuals or individual business accounts, or
    (iii)    Gain access to a person's private information (or attempt to do so).
  d)    In using the service, you must not break any laws or infringe the rights of other persons. For example, you must not:
    (i)    distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material,
    (ii)    defame, harass or abuse anyone or violate their privacy,
    (iii)    contravene any applicable laws,
    (iv)    distribute or make available material that is misleading or deceptive as to your identity,
    (v)    infringe any person's intellectual property rights,
    (vi)    monitor data or traffic on any network or system if you do not have the Authorization of the owner of the network or system to do so, or
    (vii)    Interfere or disrupt the service, any computer system access through it or any other person's use of it.
  e)    You must comply with any rules imposed by any third party whose content or service you access using the service.
  f)    You may only use any content accessible through the service for personal and non-commercial purposes. You may not otherwise copy, publish, republish, re-distribute, re-communicate or otherwise commercially exploit such content in any form or by any method whatsoever. For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups and any other form of copying by persons other than as approved by the content provider.
  g)    To detect and deal with breaches of this policy and to ensure compliance with any relevant industry code of practice, notification or direction by any relevant regulatory authority, we:
    (i)    will co-operate with other carriage service providers to control unacceptable user behavior,
    (ii)    may give your details to the police and to other law enforcement agencies if you are suspected of breaking any laws in connection with the use of the service,
    (iii)    may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients),
    (iv)    iv) may exercise any rights we have under the consumer terms, the SME terms, the general terms, or relevant service description, including suspending or cancelling use of the service,
    (v)    may remove any content from our servers,
    (vi)    may filter the content made available to you via the service or restrict your access to a particular site,
    (vii)    May take any other action we deem appropriate, including taking action against offenders to recover costs and expenses of identifying them.

  a)    As set out above, this policy applies to all Optus Mobile IM usage. To ensure the availability of our services to all eligible customers, if you are an excessive user of Optus Mobile IM we may request that you reduce your use of these messages (outgoing or incoming). If excessive use of Optus Mobile IM continues following this request, we may charge any excess usage at your peak digital mobile rate (GSM).
  b)    We consider 'excessive' use of Optus Mobile IM to be more than 10MB of data usage per day when you pay us a daily rate.

9.    VIDEO CALLING - EXCESSIVE USE

   a)    As set out above, this policy applies to all Video Calling usage. To ensure the availability of our services to all eligible customers, if you are an excessive user of the Video Calling we may request that you reduce your use of this value added service feature. If excessive use of Video Calling continues following this request, we may suspend your access to this value added service feature.
   b)    We consider 'excessive' use of Video Calling to be more than 500 video calls per month.

  a)    This policy applies to use of the MobileMail value added service. To ensure the availability of our services to all eligible customers, if you are an excessive user of MobileMail, we may request that you reduce your use of the service. If excessive use of MobileMail continues following this request, we may suspend your access to the value added service feature.
  b)    We consider 'excessive' use of MobileMail to be more than 5MB downloaded per month when you pay us a monthly rate for MobileMail.

  a)    As set out above, this policy applies to all MobMusic Mobile usage. To ensure the availability of our services to all eligible customers, if you are an excessive user of MobMusic we may request that you reduce your use of the MobMusic service. If excessive use of MobMusic continues following this request, we may suspend your service.
  b)    We consider 'excessive' use of MobMusic to be the download of more than 1000 music tracks per month.

  a)    EXCESSIVE USE
As set out above, this policy applies to all YouTube Mobile usage.  To ensure the availability of our services to all eligible customers, if you are an excessive user of YouTube Mobile we may request that you reduce your use of YouTube Mobile. If excessive use of YouTube Mobile continues following this request, we may charge any excess usage at your peak digital mobile rate (GSM or 3G).
  b)    UNREASONABLE USE
In addition, and without limiting our rights under the agreement, where we consider your use of the YouTube Mobile service, data accessed within and from the YouTube Mobile service (excluding any Unlimited Offers), is unreasonable, then we may suspend your access to the YouTube Mobile service immediately and without notice to you. We will then charge you correspondingly as a result thereof.
Without limiting the meaning of ‘unreasonable’, in respect of:
    (i)    Unlimited YouTube Mobile service offers for Telco4U customers:
·    We supply the service for the purpose of you to access the service, on our network for your own personal use and not for any commercial purpose.
·    We consider your use of the service to be unreasonable if you are not using this service in accordance with this Fair Use Policy.
·    We consider your use of the service to be unreasonable if you access the YouTube Mobile service for the purpose of re-sale, re-supply or commercial exploitation, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, in our discretion.  

13.    “UNLIMITED” OFFERS

  a)    This section applies to any component of your postpaid mobile plan or offer that is described as ‘unlimited’ including, but not limited to, unlimited calls, SMS, MMS, voicemail, data offers where we supply the service for the purpose of you making ordinary calls and or sending ordinary SMS or MMS from your mobile phone on our network but not for any commercial or non ordinary purpose (collectively referred to as “Unlimited Offers”).
  b)    Without limiting our rights under the agreement, where we consider your use of the Unlimited Offers is for a commercial or non-ordinary purpose or your use of the Unlimited Offers does not comply with the terms of the offer then we may immediately and without notice to you suspend your access to the Unlimited Offers.
  c)    We may then charge you our standard rates for those activities that we have determined were made for a commercial or non-ordinary purpose (as set out in the standard pricing table for the relevant service as at the date of the activity).
  d)    Please note that our right to suspend or cancel the service without notice to you under this clause overrides any requirement that we have to give you notices in other parts of the agreement, as applicable to you.
  e)    Commercial or non ordinary purpose includes, but is not limited to, the following activities:
    (i)    running a telemarketing business, call centre or any other similar business;
    (ii)    SIM boxing or using the service (including any Telco4U SIM card) in connection with a device that switches or re-routes calls to or from our network or the network of any supplier;
    (iii)    re-supplying or reselling the service;
    (iv)    wholesale any service (including transit, refile or aggregate domestic or international traffic) on our network; or

  a)    EXCESSIVE USE
    (i)    This policy applies to all Facebook SMS alerts service usage. To ensure the availability of our services to all eligible customers, if you are an excessive user of Facebook SMS alerts, we may ask you to reduce your use of Facebook SMS alerts. If usage continues at an excessive level following this request we may cancel or suspend your access to this and other social messaging services. We may also charge any excess usage at your standard rates for SMS.
    (ii)    We consider excessive usage to be more than 2,000 Facebook SMS alerts per month per service.
    (iii)    Without limiting the meaning of ‘excessive use’, we supply the Facebook SMS Alerts service for the purpose of allowing you to access the service on our network for your own personal or business use and not for any commercial purpose.

  a)    If you use Facebook, Twitter, MySpace, LinkedIn, EBay, Four Square, YouTube mobile sites, you must comply with this policy, which is designed to ensure your use of the service does not break any laws or interfere with the right of our other customers to use the service.  If you fail to comply, we may suspend or cancel your use of the service.
  b)    You must not use the service in a manner which interferes with the rights of other users.  For example, you must not:
    (i)    provide false user information to us or other users,
    (ii)    send large amounts of unsolicited or unwanted messages to individuals or individual business accounts, or
  c)    In using the service, you must not break any laws or infringe the rights of other persons.  For example, you must not:
    (i)    distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material,
    (ii)    defame, harass or abuse anyone or violate their privacy,
    (iii)    contravene any applicable laws,
    (iv)    distribute or make available material that is misleading or deceptive as to your identity,
    (v)    infringe any person's intellectual property rights,
    (vi)    monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so, or
    (vii)    interfere or disrupt the service, any computer system access through it or any other person's use of it.
    d)    You must comply with any rules imposed by any third party whose content or service you access using the service.
    e)    You may not otherwise copy, publish, re-publish, re-distribute, re-communicate or otherwise commercially exploit such content in any form or by any method whatsoever.  For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups and any other form of copying by persons other than as approved by the content provider.
    f)    To detect and deal with breaches of this policy and to ensure compliance with any relevant industry code of practice, notification or direction by any relevant regulatory authority, we:
    (i)    will co-operate with other carriage service providers to control unacceptable user behaviour,
  (ii)    may give your details to the police and to other law enforcement agencies if you are suspected of breaking any laws in connection with the use of the service,
  (iii)    may implement technical mechanisms to prevent behaviour which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients),
  (iv)    may remove any content from our servers,
  (v)    may filter the content made available to you via the service or restrict your access to a particular site,
  (vi)    may take any other action we deem appropriate, including taking action against offenders to recover costs and expenses of identifying them.
UNREASONABLE USE
    a)    In addition, and without limiting our rights under the agreement, where we consider your use of the Unlimited Facebook, Twitter, MySpace, LinkedIn, EBay, Four Square, YouTube mobile sites (excluding any Unlimited Offers), is unreasonable, then we may suspend your access to these service immediately and without notice to you.
  b)    Please note that our right to suspend or cancel the service without notice to you under this clause overrides any requirement we may have to give you notice in other parts of the agreement, Without limiting the meaning of ‘unreasonable’, in respect of:
(i)    Unlimited Facebook, Twitter, MySpace, LinkedIn, EBay, Four Square, YouTube mobile sites (‘Unlimited Offers’) for Telco4U customers:
1.    We supply the service for the purpose of you accessing the Unlimited Offers in an ordinary manner and for an ordinary purpose, on our network and not for any commercial or non ordinary purpose.
2.    Commercial or non ordinary purpose includes (without limitation) the following activities:
·    running a telemarketing business or call centre;
·    re-supplying or reselling the service;
·    your use of the Unlimited Offers does not comply with the terms of the offer;
·    other activity which would not be reasonably regarded as ordinary use.

   a)    As set out above, this policy applies to use of the Voicemail value added service by small or medium business customers connected to a plan offering 'Unlimited Voicemail'
   b)    To ensure the availability of our services to all eligible customers, if we consider your use of the Unlimited Voicemail offer is unreasonable, then we may suspend your access to that or any other promotion or offer immediately and without notice to you. We will then charge you our standard rates for your use of the Voicemail value added service (as set out in the standard pricing table or the company's rate sheet for that value added service).
   c)    Please note that our right to suspend or cancel the value added service without notice to you under this clause overrides any requirement we may have to give you notice in other parts of the Standard Form of Agreement
   d)    Without limiting the meaning of 'unreasonable', we:  
     (i)    Supply the Voicemail value added service to you for the purpose of you storing or retrieving voicemail for business purposes, but not for the purposes of re-sale, re-supply or commercial exploitation. We consider your use of the value added service to be unreasonable if you store or retrieve voicemail on our network for the purpose of re-sale, re-supply or commercial exploitation, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, in our discretion.
     (ii)    Also consider your use of the value added service to be unreasonable if:
       A.    Your usage of the value added service affects other customers' access to the network; or
       B.    You set up switch devices which have the effect of potentially keeping a line open for hours and limiting the ability for other customers to access the network or the network of any supplier.

For primary voice plans with a data allowance Telco4U does not allow the use of non-standard tethering and data usage where the voice SIM card has been placed directly into a Tablet device or Mobile Broadband Modem (primary data device), this type of configuration is not supported by Telco4U. Data usage from a non approved primary device is prohibited in a standard voice rate plan, usage incurred from a non approved device is not rated within the data allowance for that specific voice rate plan and is charged as excess data. For the avoidance of any doubt for a Tablet device or Modem Telco4U has data only rate plans that must be utilized for this set up.