Terms and Conditions - Planet Pre-Paid - (Wireless / Dial-Up)

Wireless

1. These Terms are binding on you

These Terms govern the supply of our Services and any Wireless Modem or other associated equipment you buy from us. Your use of our Service is also governed by our acceptable use policy (AUP). If you purchase a modem or other equipment from us you will also be bound by the terms and conditions governing our online shop.

Your use of our Services, which are described in points 2 and 3 below, indicates your acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms. You are not entitled to open an account for activation of our Services unless you are at least 18 years old.

We may monitor your account to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do. We may investigate any alleged misuse of the Service which may involve police or other law enforcement agencies, without notice to you. We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services.

If our monitoring of your account or an investigation by a law enforcement agency demonstrates that you are in material breach of these Terms (ie a breach which is serious, in all the circumstances), we may terminate your account in accordance with point 17 below. Please note that breaches of the AUP may also result in suspension or termination, as explained in the AUP.

 

2. Understanding these Terms

In these Terms: 'you' and 'your' mean the customer (you!); we, our and us mean SIS Group Pty Ltd trading as Planet Pre-Paid; and our 'Services' means the provision of wireless broadband services we have agreed to provide.

 

3. Nature of our Services

Our services utilise Optus 3G (2100MHz) and Optus Dual Band (2100/900Mhz) networks providing wireless broadband access to you up to the time and usage limit (download volume) specified on your Pre-Paid card or voucher. Details of each card we offer are available on our website.

We will provide our Services to you in accordance with these Terms, using reasonable skill and care. We will also ensure that the Services do everything we say they will do as far as it is reasonably within our power to do so.

 

4. Accessing our network

You should be able to receive our Services whenever your modem is within the operating range of our network and your account has been activated with a current Planet Pre-Paid card. Before You activate a Wireless Broadband starter kit or SIM only starter kit you must check coverage at http://www2.optus.com.au.

 

5. Availability of our Services

The networks used to deliver the wireless service are the Optus 3G (2100MHz) and Optus Dual Band (2100/900Mhz) networks. The Optus 3G network refers to the 2100MHz 3G-HSPA network delivered to metropolitan areas of Australia. The Optus Dual Band network extends this coverage by delivering 3G-HSPA coverage to regional areas with the aid of a 2100/900MHz compatible device. Typical speeds are currently 512 – 1500Kbps. Actual speeds vary depending on a number of factors which include:

• the location and distance You are from the tower
• whether You are in a concrete building, high-rise building or underground
• the network used to connect to the service (3.5G/3G or 2G)
• the capabilities of Your modem device and software configuration
• network congestion
• the source of the data download
• general internet traffic

It may be necessary to interrupt our Services occasionally in order to upgrade or maintain them. Should we need to interrupt our Services we will:

1)     whenever possible conduct maintenance or upgrades between 1AM and 6AM Eastern Standard Time;

2)     if possible tell you in advance (via email or our website) if our Services will be unavailable due to maintenance or any other foreseeable reason; and

3)     restore disrupted Services as soon as possible.

 

7. Network Coverage

As of March 2010, Optus' online material indicates that the Optus 3G network reaches 80% of the Australian population and the Dual Band network extends this coverage to 96% of the population. Coverage maps and a description of the Optus networks are available from the Optus homepage http://www2.optus.com.au

 

8. Login details

We will provide you with a SIM number and auth code to manage your Pre-Paid account. Keep this information secure - you are responsible for all activity on your account whether you have authorised it or not. Once a SIM card is not recharged for 30 days we are not able to re-activate it. You will be required to purchase a new SIM card.

 

9. Equipment

To access our Services you will need either our Wireless Pre-Paid broadband starter kit or our SIM only starter kit, which you can buy either directly from us or from one of our participating retail partners. If you buy a SIM only starter kit it is your responsibility to make sure your modem is compatible and ready to use on the optus network. Most optus modems or optus reseller modems will work with the Service. Services will only be available once you have activated your account by calling our activation line on 1300 765 467 or visiting http://www.planetPre-Paid.net/activate

 

10. Your Pre-Paid Card/Voucher time and data usage

• Your Planet Pre-Paid card/voucher has both a number of days and a data limit. The term you have to use your card depends on which Pre-Paid Card you purchased. If for example, you purchased a 1GB card you will have 30 days to use your 1GB. Your account will expire at 23:59:59 on the last day of your term for example, if you activated your 1GB 30 day card on 1^st of October at 9am you would have up to 23:59:59 on the 29th October to use your 1GB of data.
• If You connect to Planet Pre-Paid on the last day of your term or have under 100MB remaining on your account, You will be redirected to our homepage and be asked to recharge. If You want to just use the remaining time or data on the Pre-Paid card/voucher You can select this option under your account management on our website. If You are already connected you will not be redirected to the recharge page. If You run out of data or days your service will be suspended and you will need to recharge by first purchasing a Pre-Paid Card/Voucher from a Planet Pre-Paid retailer and calling 1300 765 467 and following the automated recharge Service.
• If You choose to recharge your account before the day term expires, your unused data will roll over to Your new days remaining based on the recharge you purchased. So if you only used 300MB of your 1GB allowance, upon recharge with a 1GB card, your remaining usage will be 1700MB.
• Unused days will not rollover. Whenever you recharge, you reset the end date of the card to start from the date of the recharge with the days allowed on the recharge card or voucher.
• SIM Cards that remain in-active due to non recharge for 30 consecutive days after the expiry of either the Start Up or Recharge package term will be cancelled. You will never be able to re-activate a cancelled SIM card, you must purchase a new SIM Start Up to use the Service.
• Usage is calculated by aggregating both uploads and downloads for the month. 1MB is classed as 1000Kbytes.
• In any given calendar month, when usage exceeds 8000MB; the Service will be suspended until the 1^st day of the following calendar month. This is a limitation that Optus wishes to put on all wireless broadband accounts. If you wish to use more than 8000MB per month you could always purchase another SIM card and swap it over if you require more data.

 

11. Compatibility

We have tried to make our Pre-Paid Broadband product compatible with most operating systems however please check the system requirements before activating the service. Once a service is active we are unable to refund the modem or Pre-Paid cards/vouchers.

 

12. Content

You are responsible for what you do. We are not responsible for:

1. ensuring the data you access or make available through our Services will be private, secure or free of anything which may damage your equipment or data; or
2. the content or reliability of any information or software you access or make available through our Services

You accept responsibility for all information and material you send or make available via our services. You mustn't publish or make available any material which is illegal. You also acknowledge that Planet Pre-Paid doesn't check or approve anything available to you when you use our Services: you access and use such information and material at your own risk.

 

13. Your responsibilities

You are responsible for the use you make of your modem and our Services. You must:

1. keep your modem secure against use by other parties. You are liable for all fees resulting from use of our Services when accessed using your modem whether authorised by you or not;
2. keep confidential all identification and log-in information required to access our Services. You are liable for all fees resulting from use of our Services when accessed using your log-in information, whether authorised by you or not;
3. comply with our usage policies in place from time to time (a copy of our Acceptable Use Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you permit to access our Services also complies with these policies;
4. immediately report any misuse of your account or disclosure of your security data;
5. not resell the Services we provide to you;
6. ensure that all information you provide to us is correct, and kept up to date. You must regularly check for emails from us at the email address you nominated as your contact email address when you signed up to our Service, as we may send you important notices about the Service using this email address, for example about your limit or planned upgrades or outages;
7. provide your own computer set-up protection, including virus protection technology and firewalls (you may choose to acquire additional security products from us, subject to the terms and conditions governing the supply of those products as featured on our website). We strongly recommend that you install anti-virus and firewall software; and
8. reimburse us for any loss or damage we suffer if you breach these Terms.

 

14. Security

You are responsible for maintaining a basic level of security on your computer against computer viruses and other possible security problems. We may suspend your service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with the Planet Pre-Paid network in any way.

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus, or a virus has been introduced to our network from your computer.

 

15. Charges

Our charges are set out on our website. Please review these charges before you activate your account. These charges may be updated from time to time.

You must pay to us an amount equal to any GST payable on the supply of the Services. Unless expressly stated otherwise, all charges under these Terms (ie as set out on our website) are inclusive of GST.

 

16. Term and termination of Services

This agreement begins when you purchase our wireless Pre-Paid broadband starter kit or SIM card starter kit and continues until six months after the expiry of your last card/voucher, unless terminated earlier in accordance with these Terms. We may terminate your Services if you breach these Terms in a material way. If we do, you will forfeit any remaining time or usage allowance on the card/voucher current at the time of termination.

We may also terminate the Services immediately if, in your dealings with our staff, you harass, insult or abuse any of them, for example by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.

 

17. Changes in these terms

We may vary these Terms or any information contained on our website at any time. However, if a variation is likely to have a detrimental impact on you and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change and we will allow you the option of terminating the Services without penalty.

 

18. Privacy

Your use of our website or access to our Services will be taken to indicate your consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy which forms part of these Terms and is available on our website. We may, for example, disclose information about you to or receive information about you from your bank, credit card provider or their agents.

 

19. Notices

Notices will be sent by email to the preferred email address you have nominated. You will be deemed to have received a notice at the time the email is sent.

 

20. Assignment

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

You may not transfer your service. You are free to transfer ownership of your modem but if you do and you no longer wish to be responsible for payment you must cancel your service and the new owner must enter into a new contract with us.

 

 

Dialup

1. Introduction

These terms and conditions apply to your use of the dial up Internet access service (Service). Your use of our Service indicates your acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms. You are not entitled to activate a prepaid card/voucher unless you are at least 18 years old.

 

2. Understanding these terms

In these Terms: 'you' and 'your' mean the customer (you!); we, our and us mean SIS Group Pty Ltd trading as Planet Prepaid, ABN 41 079 466 274; and our 'Services' means the provision of dial up internet services we have agreed to provide.

 

3. Our Responsibilities

We shall provide you with the Service which comprises interactive dial up access to the Internet including computer resources, disk storage and computer communication facilities. The Service shall be generally available 24 hours a day, seven days a week with the exception of service maintenance times which We shall advise to You from time to time.

We will provide you with a User ID code, unique password, telephone number and other log-in information that is required to enable connection to the Service.

 

4. Your Responsibilities

You agree to obtain, install and maintain suitable equipment as is necessary to access the Service. A land line and a dial-up modem are required to be able to achieve a connection.

You agree not to assign or otherwise transfer this Agreement or your rights under it, delegate your obligations or resell the Service unless you are an authorised Planet Prepaid retailer.

You are responsible for the selection and use of security features, non disclosure of personal log-in information and any information back up. Disclosure or loss of log-in information that incur charges or Service misuse is your responsibility and should be reported to Us as soon as possible.

You indemnify Us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with your use of the Service.

It is your responsibility to verify that the service dial-in number you are dialing will be charged as a local call from your location.

 

5. General Terms

We may monitor or keep any records that We deem necessary of your use of the Service. The use of the Service is at your sole risk and is entirely your responsibility.

We do not and cannot monitor the content and information accessed on the Service and We shall not be held responsible in any way for any content or information accessed on the Service. You must rely on your own judgement.

We do not warrant that the service will be uninterrupted or error free, nor do We make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded.

To the extent permissible by law, We exclude all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service, or inability to use the Service, and where such liability cannot be excluded We limit our liability at our option to the resupply or cost of resupply of the Service.

The Service must not be used by any individual or group of persons for any activities of an illegal or fraudulent nature. Certain Internet content may contain language or images which some individuals may find offensive, inflammatory, or of an adult nature. We do not endorse such materials and disclaim any and all liability for their contents.

This Agreement shall remain in place until it is terminated by either You or Us by giving one month's signed written or e-mail notice. We reserve the right to terminate the Service to You without notice if You misuse or abuse the Service.

The Service is subject to an Acceptable Use Policy (AUP). Please read this policy before utilising the service. Copies of this policy are available on our website at http://www.planetprepaid.com.au, or by calling customer service on 1300 765 467.

This agreement shall remain in place until your prepaid card has ceased to operate. If you do not agree with these terms and conditions please return your un-opened prepaid card to the place of purchase within 12 hours.