Standard Form of Agreement & Modification
Introduction
This document states the standard terms and conditions for the supply and use of the Crown Mobile telephone service. The documents that form this agreement are Application Form(made over the internet, by telephone or on a paper), Website Terms and Conditions and Price Table as mentioned in the Critical Information Summaries.
Agreement
An agreement is made between a Customer and Crown Mobile when a Customer registers or activates an Account, uses our services, and we will provide access to the Network as soon as we can so that provision of the services can start. The service can be cancelled at any time, and this Agreement will come to an end as soon as the terminating party’s remaining obligations are met. If you acquire more than one service from Crown Mobile, then each service will be provided under the terms and conditions of the standard form of agreement for that service.
Changing the contract
- Crown Mobile may change the contract by complying with telecommunications legislation and, in those circumstances set out in the agreement only. Crown Mobile retain the right to change your plan if we seem it will be favorable to our clients.
- Crown Mobile will give you at least 21 days’ notice by mail before we make a change to the contract. Crown Mobile can change the Agreement without telling you about a reduction in price for any part of the service, or if a new service function becomes available.
Collecting and using Personal Details
- Crown Mobile may gather personal details directly from you, from our own records, or from a contact detail of third parties. Crown Mobile may not be able to supply the products or provide you with services until and unless you share your personal details for our future references. Crown Mobile will deliver our products or services to you efficiently and to the best of our ability.
- Crown Mobile may gather personal details directly from you, from our own records, or from a contact detail of third parties. Crown Mobile may gather details from various sources such as your contact us via telephone, e-mail, fill in application forms and products purchased from Crown Mobile. We may collect personal information from third parties such as credit reporting agencies, government agencies and sources that are publicly available
- These Terms and conditions are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State. Crown Mobile acknowledges and respects the privacy of our valued customers and is committed to handling your personal details in line with the Privacy Act 1988. Please go to crownmobile.com.au/legals or contact us for detailed report on our Terms and Conditions.
Using the service
Crown Mobile uses a service provided through the Optus mobile 4G-enabled network. We are responsible for delivering the service to you, which we provide via a network operated by our carrier, Optus. However, we are not affiliated with or related to the carrier.
- To ensure that every customer has access to the services they require, Crown Mobile has adopted Fair Use Policy to prevent unreasonable or excessive usage of our Services. This Fair Use Policy applies in relation to the use of any Service provided by Crown Mobile.
- We may ask you to stop doing something which we reasonably believe is prohibited by this Agreement. If you do not comply with our request within two business days, we or our supplier may take all reasonable steps to ensure compliance, including suspending or cancelling the services without further notice to you.
- You agree not to use the SIM Card or the services and not to permit another person to use your SIM Card or the services for fraudulently or in connection with a criminal offense.
- If, post reaching the levels of usage mentioned against your tariff plan in the FUP policy, your excessive or unreasonable use continues, Crown Mobile may suspend the service, or terminate your agreement out further notice to you.
- When you use the Crown Mobile service, it is your responsibility to obey with any rules imposed by any third party whose content or service you access using the service or whose network your data compress.
Termination by Crown Mobile
Crown Mobile may terminate a contract or suspend or limit your services if any of the following circumstances apply:
- You are in material breach of the Agreement or subject of an Insolvency Event.
- Continuing, the service becomes technically unavailable and you use the service in a way that places unreasonable demand on Crown Mobiles’s Network.
- You intimidate, abuse, insult, harass or threaten any staff member, or those of our partners or suppliers, by any means.
- There is unusual activity on your service and/or activity that does not appear to be commensurate with personal use;
- We reasonably believe that, or we are informed by law enforcement authorities that they believe, the identification evidence provided by you in connection with the Service is incorrect, false or inadequate or that a request to activate or terminate a service has not been authorized by you.
- You transfer your SIM card to another party without obtaining our consent, or do not provide sufficient details of the identity of the other party.
- You engage in fraudulent Renew behavior.
- Your Service may be permanently cancelled (which may result in permanent loss of the phone number of your Service), if you do not renew your mobile number after the validity expiry date within the next 120 days (Additional Period). We may send you a cancellation alert but we are not obliged to.
Application and Transfer Process
Your application shall be processed within 2 working days, while connection may take 3-14 working days. Commencement of the service starts on the date your nominated communications service(s) is successfully connected with us. (Crown Mobile reserve the right to process or reject your request).
Transferring your mobile number from existing to Crown Mobile is simple using Mobile Number Portability (MNP) service. The porting process takes approximately four to seven business days to complete.
If you wish to transfer your services from another Supplier (‘Previous Supplier’) to Crown Mobile, it is your responsibility to determine whether your contract with your Previous Supplier imposes any restrictions, costs or associated charges in transfer.
If you transfer a service that has been supplied by Crown Mobile, you must make written application on Crown Mobile prescribed forms (if any) and pay any Charges Crown Mobile applies to such transfers; and any Charges that accrue before the date of completion of the transfer.
When the term of your contract expires, the service will automatically continue on a period-to-period basis unless we receive your prior instruction to discontinue the service. To discontinue before the term expires or to terminate the service after the initial term, a written notice must be made and received before the 15th of each month, then the service and charge will be ceased at the end of the month.
Billing and Payments
Crown Mobile will bill you regularly either in advance or in arrears and the standard Crown Mobile Billing Period. Crown Mobile reserves the right to vary this period at its discretion, and any such variation will be notified to you in writing.
Crown Mobile holds the right to deduct any unpaid amount from your authorized credit card or charge card. Please note that the typical usage information data can be up to 48 hours behind and the usage details should only be considered as an approximation.If we are unable to charge you successfully and if applicable, your bond will be surrendered. If you do not pay your bill in its entirety by the due date, Crown Mobile may charge you late fees.
You can update your payment method on your account page in Crown Mobile. We accept all major credit and debits cards including AMEX. If you pay to us more than the amount you owe to us at any time, your Crown Mobile account will be credited with the amount that you have overpaid.
If any new tax or government impost is introduced, or if the rate of any existing tax is changed, which applies directly to the price of goods or services, we will make appropriate adjustments to the fees and charges in the Critical Information Summary or Pricing Table.
Liabilities & Warranties
- Crown Mobile does not warrant that the services will be free of blockages, delays, errors and/or faults.
- Except as required by law, all terms, conditions, warranties, undertakings, inducements and/or representations relating to the provision of services by Crown Mobile to you are excluded.
- In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Crown Mobile will then be able to block the use of your SIM Card on the Network and other Australian GSM networks. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else. Crown Mobile has the rights and obligation to its customer under the laws of Australia that bind us including: Telecommunication legislation, The Fair-Trading Act 1989, and other applicable laws, regulations and code. We are liable for any damage to your property, substantial interruptions to the use of your service and deal or personal injury caused by our staff due to their negligence or fraud.
International Roaming & Charges
You must contact us to activate international roaming prior to travelling outside Australia. International calls and data rates are generally far higher than the rates in Australia and are generally not included in your mobile phone plan or bundle. Even short periods of international roaming can result in large phone bills, which you will be liable to pay.
Complaint Handling Policy
Crown Mobile seeks to maintain and enhance our reputation of providing you with high quality products and services. We value complaints as they assist us to improve our products, services and customer service.
Crown Mobile is committed to being responsive to the needs and concerns of our customers or potential customers and to resolving your complaint as quickly as possible. Summary of our complaint handling process is available at www.crownmobile.com.au/complaint-handling-policy/.
Whole agreement
These terms and conditions represent the whole agreement between you and Crown Mobile concerning your use and access to Crown Mobile’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the. Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Jurisdiction
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Crown Mobile that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.