Terms and Conditions

Acceptable Use Policy

Our policy is to provide services for the family, home user and small business at the same price everywhere in Australia! If you live in the country, a town or a city, you will always pay the same price!

Locall Australis members receive great value for money, and affordable services that the family can enjoy.

Our services are designed to be shared by members in a fair and equitable manner and not to be monopolized or abused by individuals at the expense of others. During peak times certain bandwidth intensive services eg p2p will be made subject to prioritisation to protect the integrity of the network and to allow fair access to all our customers.

The applications which are subject to restrictions are those, which left unchecked, could saturate all available network capacity and have an impact on the experience that all customers receive. Note: we won't restrict access to sites which need an interactive experience to use. If it takes a few minutes longer to transfer some files using FTP, then we don't believe that this causes a problem.

  • Peer-to-Peer (High Demand File sharing applications) – P2P
    Includes applications such as: Bittorent, Utorrent, Azeurus, Emule, Limewire and others.
  • Binary USENET
    Includes access to commercial USENET providers such as easynews.com and giganews. These speed restrictions do not apply to text-only USENET servers.
  • Download sites
    A small number of high-volume HTTP download sites which are used for file sharing, such as Rapidshare, Megaupload and Imageshack, as well as a number of commercial Adult sites which provide big file downloads are included in this category.
  • Download servers
    This includes speeds to some 'mirror' sites and servers run by Akamai which provide high-volume HTTP downloads.

Locall Australis does not allow you to send large amounts of unsolicited or unwanted mail to individuals or individual business accounts and complies with directives that restrict sites distributing pirated music, software and hardcore pornography.

New customers and members should be aware that our preferred method of payment is via credit card. We also accept payments by Bpay, cheque and money order.
Credit Card payments are automatically processed on the billing day. Other payment options require an emailed Invoice to be sent.
If you require a Posted or Faxed invoice there is a Charge of $2.20 per invoice.
Credit Cards attract a Surcharge of 1.25% as of the 1st December 2009

If you intend to use Locall Australis for purposes not in keeping with this policy, you should make arrangements to find an alternative service more suitable to your needs.

Definitions

1.1 "Locall Australis", "ISP" or "the ISP" refers to Locall Pty Ltd trading as Locall Australis Internet ABN 73 098 042 936, its networks and its system.
1.2 "Customer", "member", "you" or "your" refers to any person or device that connects to Locall Australis for the purpose of gaining access to the system
1.3 The "system" refers to any computer, network, concentrator, terminal, or device that is used to supply services by Locall Australis.
1.4 "Members Area" refers to the area on Locall Australis Web Site used by members to access notices and account information.
1.5 This agreement is governed by the laws in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.
1.6 By using or subscribing to Locall Australis you are subject to the following terms and conditions. Top

Registration

2.1 During the registration process you will be asked for personal information and you authorise Locall Australis to obtain personal information about you to support your application to become a member and to conduct all relevant credit checks and searches to enable Locall Australis to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform Locall Australis of any changes to your personal details.
2.3 Your privacy will be respected at all times, however Locall Australis may monitor or keep any records necessary that relate to your use of the service. Top

Notices

3.1 Regular notices are sent to your email address and or posted in the Members Area for your information. You must regularly check your email address and or the Members Area for important notices from Locall Australis. Notices have been sent when date stamped by the sending ISP mail server and or posted in the Members Area. Top

Your Conduct

4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to Locall Australis.
4.3 If you use obscene language, abuse, threaten or harrass any ISP staff member in person, via the telephone, fax or email your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared in a fair and equitable manner with other members and not to use the system in such a way that, in the opinion of Locall Australis, your actions affect the other members. Top

General Conditions

5.1 Locall Australis may provide space for the use of personal home page. This space is for personal use only and may not be used to promote or operate a business.
5.2 Your use of, or subscription to, any Locall Australis service constitutes acceptance of, and is governed by, these Terms and Conditions.
5.3 Your Contract start date, & therefore end date, is determined by date of initial service connection. This date is also used as the basis for calculating account usage. The billing date does not indicate contract start & end dates, nor does it indicate start & end dates for determining account usage. To avoid any early termination fees being applied to your account, you should arrange for any disconnection, termination or "churn" to be applied the day AFTER the contract expiry date.
5.4 Accounts are due for payment within 10 days of invoice date. A late payment fee of $5.50 may be applied to accounts in arrears. Should your service be suspended due to non payment of account a reactivation fee of $11.00 may be charged.
5.5 Credit Card payments attract a surcharge of 1.25% as of the 1st December 2009. Top

Limitation of Liability

6.1 Locall Australis is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed telephone calls charged by a telephone company to you.
6.2 Locall Australis is dependent on external network and data services, therefore you indemnify Locall Australis for any inability to provide such services which are beyond its control. Locall Australis does not guarantee that access to any system either internal or external to Locall Australis, will be available at any given time or that the files, information or services will be error free or fault free.
6.3 The failure of Locall Australis at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. Locall Australis reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
6.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to Locall Australis, this agreement is legally binding on your parents or legal guardians. Top

Plan Information

7.1 All current plans are published on our web site and on registration forms where Locall Australis services are sold. ADSL Plans require a security deposit to be lodged which is equal to one month's plan fee. Stand Alone (that is, if you have a telephone or mobile phone service with us, but do not have an ADSL service) Telephone Services require a security deposit to be lodged which is $50. When terminating, the security deposit is applied to your account to cover the last month of service, and/or calls.
7.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and may be subject to special conditions which are in addition to Locall Australis Terms and Conditions. Top

Changing Your Plan

8.1 You may select a different plan at any time by calling our office and speaking to a customer service representative. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect. Top

Cancellation

9.1 To cancel this service, you must provide 30 days notice in writing to Locall Australis. The notice must be signed by the account holder. To protect your security and privacy, email and telephone cancellations are not accepted. Top

Termination

10.1 Locall Australis may close, suspend or terminate your service without a refund or credit if in the opinion of Locall Australis you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement. Top

Dial-Up Services

11.1 Locall Australis provides a service that is available twenty four hours a day to the standard active telephone jack in your premises.
11.2 During peak periods, network capacity may become limited and access is not guaranteed. Multiple logins are not allowed, terminal logins are not permitted and this service may not be used as a Permanent Modem Connection or used to operate a Mail or Web Server or to provide any Publicly Available service.
11.3 For security reasons the standard system settings require you to re-authenticate every three (3) hours followed by a fifteen (15) minute enforced break. Twenty (20) minutes of continuous inactivity also requires you to re-authenticate. Automated attempts, devices or practices to avoid re-authentication are not permitted. Top

ADSL Broadband Service including ADSL 2+

ADSL refers to both ADSL and ADSL 2+ services
12.1 If the ADSL Service provided is subject to a contract period, a fee of $199.00 will be charged for cancellation of service within the first six months of contract period. If you cancel after 6 months the early termination fee is $99. A change of address constitutes disconnection and as such an early termination fee will apply if under contract.
12.2 ADSL Service uses Asymmetric Digital Subscriber Line technology and any transmission speeds refer to the maximum theoretical speed achievable by the ADSL Service under ideal conditions.
12.3 No SLA (Service Level Agreement) is provided for this ADSL Service, however Locall Australis will use its best efforts to provide timely restoration of service, however no guarantee is provided. The ADSL Service is not guaranteed to work and there is no time frame for the restoration of ADSL Service in the event of a failure.
12.4 You agree to release and indemnify Locall Australis, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of your telephone service, (b) Cancellation of the ADSL Service for any reason, (c) Suspension of the provision of the ADSL Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by Locall Australis to provide services deemed by the Carrier to be incompatible with the provision of ADSL Service on the nominated analogue telephone line.
12.5 You agree that Locall Australis may use licensed third party suppliers and or contractors for the installation of ADSL services and that Locall Australis may use any Carrier for the provision of ADSL services.
12.6 You must procure for the Carrier, Contractor or Locall Australis all such access to the premises as may be required for the provision of ADSL Service and indemnify the Carrier, Contractor or Locall Australis against any claim by the owner or occupier of the ADSL service premises, or any person, in relation to the entry of those premises.
12.7 You warrant that the end user to whom the Carrier supplies a standard telephone service is the same end user of this ADSL Service and agree that the Installation of the ADSL Service may cause temporary disruption to the standard telephone service nominated by you.
12.8 ADSL Service is available in (5) four theoretical speeds: 256Kbps/64Kbps, 512Kbps/128Kbps, 1.5Mbps/256Kbps, 8Mbps/384Kbps and 24576Kbps/1024Kbps in asymmetric (faster downstream than upstream) configurations with dynamically assigned IP addresses included as part of the standard service. We also have available a symmetric service at 512Kbps/512Kbps. Actual service speeds may be different than the theoretical speeds for reasons which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, (c) Aggregation, and (d) errors in the configuration of your equipment.
12.9 Additional Carrier service features may interfere with the supply of the ADSL Service. These include but are not limited to: (a) Customer Loop Metering, (b) InContact, (c) Line Hunt, (d) OnRamp, (e) Payphone and (f) Siteline. Any other telephony equipment used on the same line as the ADSL Service must be isolated from interference by the use of an appropriate line filter.
12.10 ADSL Service is provided on an "as is" basis and Locall Australis cannot guarantee provision of ADSL Services where the ADSL service is reliant on another Carrier.
12.11 ADSL Service is only available as an overlay to the existing copper local loop provided by the Carrier and due to technical limitations by the Carrier, ADSL can only be provided on a "Qualified Pair" telephone line, as described and determined by the Carrier.
12.12 Should you cancel your telephone service provided by the local loop, the ADSL Service will also cease to function. If the telephone service upon which the ADSL service is reliant is cancelled, disconnected, or terminated in any way, your ADSL service will also be disconnected, & any termination fees applicable thereby, will be applied to your account.
12.13 Unless otherwise specified, a dynamically assigned IP address is provided with the ADSL Service.
12.14 ADSL Service is a layer 3 service designed for residential and small business use and is not suitable for activities requiring mission critical services such as Gaming, Video Conferencing, Database interfacing or VPNs etc.
12.15 ADSL services may not be re-sold or used to provide data feeds for other services, locations or systems.
12.16 Unless otherwise specified, the Acceptable Usage Policy for ADSL Service is: (1) 256Kbps/64Kbps = 15GB limit per month, (2) 512Kbps/128Kbps = 25GB limit per month and (3) 1.5Mbps/256Kbps = 35GB limit per month. Once the Acceptable Usage Policy limit has been reached during a calendar month, the speed is slowed to 64Kbps/64Kbps.
12.17 All unlimited ADSL plans or any other ADSL plans specified by Locall Australis may be subject to an acceptable use policy where the service speeds may be reduced to 72 Kbps after 30GB of data is download over a customers anniversary month. Locall Australis reserves the right to reduce service speeds if Locall Australis warrants an end user is excessively downloading data to maintain network performance.
12.18 Tasmanian Customers Please Note: ALL new connections as of the 1st of September 2008 - Tasmania. We regret that we must pass on an additional surcharge to provide ADSL in your state. ADSL plans with speeds up to 1500Kbps will be charged an additional $3 per month, & plans exceeding this speed will incur additional $10 per month charge.
12.19 Support is limited to one computer, connected to modem via Ethernet or USB cable.
12.20 UnShape Me service The cost is as stated per 1,000MB or part thereof. The Charge for this service will be applied in arrears. Any usage over your plan limit is counted as UnShape Me Usage.  ie if you are on 30,000MB plan & contact us to apply UnShape Me for the remainder of this month, ALL data in excess of 30,000MB will be charged. UnShape Me usage will be calculated from data limit of your plan until Midnight of your anniversary dateTop

Web Hosting Service

13.1 Locall Australis provides no warranty, express or implied, for the web hosting services provided.
13.2 Whilst Locall Australis makes every reasonable effort to protect data stored on the system, Locall Australis is not responsible for your data, files, or directories. You are solely responsible for maintaining data, file, and directory structure backups.
13.3 You hereby agree that any material submitted for publication on Locall Australis through the web hosting services provided to you will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous, illegal or harmful.
13.4 Using the Locall Australis system as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited. Top

Domain Registration Service

14.1 Locall Australis provides no warranty or guarantee that the domain name applied for will be available for registration.
14.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures and you agree to irrevocably waive any claims against Locall Australis that may arise resulting from the decision of a naming authority to refuse to register a domain name.
14.3 In the circumstances that Locall Australis did not register your domain name, you accept that it is your responsibility to ensure that your Domain Name Licence is renewed when required furthermore, Locall Australis will accept no responsibility or liability for the renewal of your domain name under these circumstances.
14.4 Should Locall Australis undertake the renewal of a domain name on your behalf where the original registrar for the domain is different to Locall Australis's registrar of choice, the successful renewal of the domain by Locall Australis will be dependant on your agreement to transfer the domain to our registrar of choice.
14.5 Locall Australis's Registrar of Choice for all TLD (.com, .net, .org, .biz, .info) and .au domain name registrations and renewals is NetRegistry, contact details can be located at www.netregistry.com.au.
14.6 Domain registration applications will only be processed upon payment for this service and Locall Australis accepts no responsibility for delays in domain registration where the delay results from a third party. Top

Telephone Service

15.1 Telephone Service refers to Standard Telephone Service (STS) and Enhanced Call Handling Feature (ECHF) services
15.2 No SLA (Service Level Agreement) is provided for the Telephone Service, however Locall Australis will use its best efforts to provide timely restoration of service.
15.21 Locall Australis reserves the right to temporarily disconnect any telephone service for non-payment of outstanding account. There is a fee for reconnection of suspended services.

Service Rates
15.3 Timed calls are shown on a per minute basis or 30 second basis and charged to the Customer on per second basis, rounded to the nearest 15 seconds.
15.4 Charges include a flagfall if applicable to the relevant service.

Installation
15.5 The Customer indemnifies Locall Australis and its Contractors against any claim by the Customer (owner, occupier, person or corporation of the premises), in relation to the provision or installation of a Telephone Service which may affect or disrupt any other services the Customer may have in place. (Eg: ADSL, Back to Base Alarm Monitoring Service, etc. )
15.6 The Customer indemnifies Locall Australis, should the occasion arise that Locall Australis refuses to provide a Telephone Service to a Customer .
15.7 The Customer warrants that the nominated Customer is the same Customer of this Telephone Service and agrees that the installation or connection of the Telephone Service may cause temporary disruption to the Telephone Services the Customer currently has active.

New Services
15.8 Where there is an inplace connection for a Telephone Service available for automatic reconnection or restoration, the time for connection is 2 Business Days.
15.9 Where there is no inplace connection, and the infrastructure IS readily available and in close proximity, the time for connection of a Telephone Service is:
   (a) Urban Centre Site (population greater than 10,000) = 5 Business Days
   (b) Major Rural Site (population greater than 2,500 but less than 10,000) = 10 Business Days
   (c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 10 Business Days
   (d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 15 Business Days
15.10 Where there is no inplace connection, and the infrastructure IS NOT readily available or in close proximity, the time for connection of a Standard Telephone Service is:
   (a) Urban Centre Site (population greater than 10,000) = 1 calendar month
   (b) Major Rural Site (population greater than 2,500 but less than 10,000) = 1 calendar month
   (c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 1 calendar month
   (d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 1 calendar month

Rectification of Faults
15.11 Provided the fault can be rectified without (a) external or internal plant work, (b) a contractor attending the premises of the Customer or (c) the Service has been disconnected due to an administrative error:
   (a) Urban Centre Site (population greater than 10,000) = 1 Business Day
   (b) Major Rural Site (population greater than 2,500 but less than 10,000) = 1 Business Day
   (c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 2 Business Days
   (d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 3 Business Days

Appointments
15.12 In the event that a technician is booked for an appointment to attend the Customer premises, for a connection or rectification of a Standard telephone Service, the Grace Period for an appointment offered is:
   (a) Appointment for a specified time = 15 minutes after the specified time
   (b) Between two particular times but less than a 4 hour period = 15 minutes after the end of the period
   (c) Between two particular times greater than a 4 hour period, but less than a 5 hour period = No grace period
   (d) Between two particular times greater than a 4 hour period, but less than a 5 hour period and the technician is required to travel a long distance = 45 minute after the end of the period

Technical Information
15.13 Telephone calls for the carriage of communications by means of the public switched telephone network use common channeling signalling (CCS7) and bandwidth at 3.1kHz.
15.14 Community calls and extended local area calling are not available on this service.
15.15 The Network boundary is defined as the main distribution frame in the premises (building, structure, vehicle or vessel) consisting of a two wire point on the side of the frame nearest to the exchange or if there is no such main distribution frame in a building, the first telephone socket in the Customer premises.
15.16 A temporary disconnection or suspension will result in the Customer 's telephone service not being able to make or receive telephone calls.
15.17 A Service Number is a Customer 's or Customer's billing service which is identifiable by a Full National Number (FNN) but excludes spectrum extensions, siteline, indial non-access lines and any other subsidiary extensions, channel or lines which are not charged for separately but which may have a Full National Number.
15.18 Locall Australis provides a vast array of Telephone Services, however Locall Australis is under no obligation to provide services it may not choose to provide, regardless of whether these services are available to Locall Australis.
15.19 The Enhanced Call Handling Feature (ECHF) applies to Easycall features such as (a) call waiting(b) call forwarding (c) call barring (d) call number display (e) call number display blocking etc.

Suitability and Acceptable Use Policy (AUP)


15.20 Telephone Services may not be used to provide data feeds for other services, locations or systems and any equipment connected to the Telephone Service lines must be of a suitable quality and approved by Austel.

16. Mobile Broadband


16.1   Data usage will be calculated as a combined total of uploads and downloads in Kilobytes (KB). For all purposes 1Megabyte (MB) = 1,024 Kilobytes (KB). Usage charges will apply when is Locall Australis Wireless Broadband is transferring data over the GSM, 3G/HSDPA Networks or other roaming partners as advised by Locall Australis from time to time. If you exceed your data plan monthly included usage allowance for Locall Australis Wireless Broadband service in any given billing period, an excess usage rate of $0.15 per MB will apply. Unused data allowance in any month cannot be rolled into subsequent months.
16.2 Subject to your rights under the Trade Practices Act, Locall Australis does not make any warranty regarding the software or data provided to you as it operates on your computer and interacts with your other applications. Acceptable Usage Policy Applies
16.3 Locall Australis Wireless Broadband plans may only be used for data and SMS usage. SMS usage is not included in the Capped inclusions and is charged separately at 25c per SMS sent. This offer excludes services including Optus Zoo, Voice Calls, International voice calls, Voicemail, premium and Third Party SMS, MMS, International MMS, 1300, 1900 and all other services are barred from this service.
16.4 Software Requirements: You must have Microsoft Windows 2000, Windows XP, of Microsoft Vista operating systems to connect to the service. Limited Macintosh OS and Linux support.
16.5 Locall Australis Wireless Broadband data plans are only available on Locall Australis USB Modems approved by Locall Australis.
16.6 Minimum plan term is 12 months per active plan.
16.7 Maximum speeds of 3.6Mbps downstream and 500kbps upstream are theoretical maximum download and upload speeds achievable on HSPA/3G Network. Your actual achieved speed may vary substantially depending on a number of factors including network configuration, coverage (HSPA/3G/GSM), signal quality & strength, distance from the mobile tower, local interference, network traffic load and your hardware/software limitations
16.8 Locall Australis does not guarantee any level of service to your modem as reception will vary dependant on your location. As with any network based on radio technology, local conditions may prevent or interfere with mobile reception within coverage areas. Top

17. Mobile Phone – Optus Network


As Locall Pty Ltd is reselling Optus services, some terms and conditions below relate directly to Optus, their products and services and Fair Use Policies.

17.1 Locall $19, $29,$49, $79, $99, $149, $179 Cap Plans. Pay the first ‘cap plan’ worth of national voice calls and text, international SMS, national video calls, national MMS, VoiceMail, PTT each billing period, after which these services are free up to a maximum of the ‘included value’ per billing period. You will pay the ‘minimum cap’ amount each month even if you do not make calls to that value. For the part month, you will pay only part of the minimum spend and you will also receive only part of the Cap amount.
If you exceed the ‘included value’ of these services in any one billing period, standard rates of your plan will apply.
The ‘minimum total cost’ over the 24 month plan is set out below plus any handset costs where applicable. The Termination Fee is calculated in accordance to the following: ( Mobile Monthly Plan Fee x Remain Months of Term) x 50%

$19 Cap – your minimum spend is $19 and included value is $50. The minimum total cost over 24 months is $456 plus the cost of your handset and a $15.00 delivery fee if applicable.
$29 Cap – your minimum spend is $29 and included value is $120. The minimum total cost over 24 months is $696 plus the cost of your handset and a $15.00 delivery fee if applicable.
$49 Cap – your minimum spend is $49 and included value is $300. The minimum total cost over 24 months is $1176 plus the cost of your handset and a $15.00 delivery fee if applicable.
$79 Cap – your minimum spend is $79 and included value is $550. The minimum total cost over 24 months is $1896 plus the cost of your handset and a $15 delivery fee if applicable.
$99 Cap – your minimum spend is $99 and included value is $600. The minimum total cost over 24 months is $2376 plus the cost of your handset and a $15.00 delivery fee if applicable.
$149 Cap – your minimum spend is $149 and included value is $1200. The minimum total cost over 24 months is $3576 plus the cost of your handset and a $15.00 delivery fee if applicable.
$179 Cap – your minimum spend is $179 and included value is $1500. The minimum total cost over 24 months is $4296 plus the cost of your handset and a $15.00 delivery fee if applicable.

17.2.1 The Cap Plans exclude some services such as 124YES (937), International Voice Calls, International Video, Optus Zoo Browsing, Optus Zoo Downloads, Content Packs (unless specified in promotions), Mobile Internet usage, Mobile IM – Instant Messaging, international roaming, international MMS, international video calling, directory assistance, premium SMS, VOIP services and usage, and 19XX services.
17.2.2 Optus Fair Go™ Policy applies to: PTT usage up to 150 minutes per month, Mobile IM on the pay as you go rate, up to 1MB per day, on the monthly option up to 10MB per month. Optus 3G or ’yes’ G Service:
17.2.3. When overseas, International Data Roaming usage charges apply as extra (for charges refer to www.optus.com.au/international under 'GPRS' roaming section) some data cards are incompatible with networks in some countries. Please refer to list of countries Optus supports on www.optus.com.au/international

17.3.1 Use of Optus 3G or ’yes’ G Service only available with compatible handsets and Optus USIM card. Video Calling is only available between video capable handsets within 3G or ’yes’ G coverage areas. If you or the other person on the video call move out of the 3G or ’yes’ G coverage area, your video call will drop out and you will only have the option to call the person back with a voice call.
17.3.2 To access 3G or ’yes’ G services you must be in a 3G or ’yes’ G coverage area with a compatible handset or device and Optus 3G SIM card. For coverage details, please see www.optus.com.au/coverage .
17.3.3 Actual network speeds both upload and download may vary dependent on the type of device in use, location and the number of users accessing the network at any given time. Speeds refer to maximum download speeds. Upload speeds will be lower than download speeds.

17.4 Text Message (SMS) Terms and Conditions:
Message charges may be incurred for up to eight days from the original send date regardless of successful delivery or not. Optus MMS and Optus Email MMS Terms and Conditions:
17.4.1. International MMS is charged at 75¢. Charges apply per message sent per recipient regardless of successful delivery or not.
17.4.2. Optus Email MMS is charged at 50¢ per message sent (one message can be sent to multiple recipients) regardless of successful delivery or not.
17.4.3. If an MMS message is sent to a mobile handset or network that is not MMS enabled or compatible, message recipient will be sent an SMS message. You will still be charged for sending an MMS.

17.5 Optus Zoo General: Optus Zoo activation time may take up to 24 hours. Optus will endeavour to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus Zoo Update service. Additional data charges may apply to access and subscribe to third party content. Content may be suspended, changed, or terminated without notice.
17.5.1MyZooNow: Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on the Optus 3G or 'yes' G network and may not include all content and features of Internet websites. Mobile IM: Customer will need to sign up and receive user credentials from MSN Messenger and/or Yahoo! Messenger on the Internet. Customer will need to have a Mobile IM compatible handset. Optus Fair Go™ Policy applies on the pay as you go rate, up to 1MB per day, on the monthly option up to 10MB per month. Optus considers excessive usage to be usage of more than 300 minutes per month on ‘yes’ International Video Calls.
17.5.2 Mobile Internet Packs: include a set amount of data per month: Starter Pack includes 25MB of data, Classic Pack includes 200MB of data, Super Pack includes 500MB of data and Ultimate Pack includes 1GB of data to access services on Optus Zoo, as well as browsing the Internet from your mobile. If you take a 12 or 24 month Contracted Mobile Internet Pack you will receive an additional $4.95 (Starter), $9.95 (Classic), $14.95 (Super) or $19.95 (Ultimate) of included calls and text value per month on your mobile cap plan. Included value excludes some calls and text types.
If you exceed your plan’s included monthly data allowance, excess usage charges will be charged at $0.35 per MB or part thereof for 12 or 24 month Contracted Mobile Internet Pack customers and $0.50 per MB or part thereof for month to month customers. If you, before the end of your contract period, cancel your service or change to a mobile plan without a Mobile Internet pack, a charge of $12 for 12 month Contracted Mobile Internet Pack customers and $25 for 24 month Contracted Mobile Internet Pack customers will be applied to your account. Any unused data allowance cannot be rolled over. Your data allowance does not include services such as Voice calls, Voice Mail, International SMS, premium and Third Party SMS, MMS, Optus Zoo subscription content and Third Party content and applications, International MMS, 1300, 1900. If you are able to access such services, your use of such services will be charged at prevailing rates. Data usage will be counted in kilobytes, where 1024kb = 1MB and includes both uploads and downloads. The service is only available to customers within the Optus 3G, 'yes' G or GSM coverage area with a compatible handset or device and Optus 3G SIM card or other Optus compatible SIM card and is subject to network availability, refer to www.optus.com.au/coverage. You need to have a 2.5G, 3G or 'yes' G network compatible mobile phone which is provisioned with the required settings to activate data use.


17.6 International SMS: Message charges may be incurred for up to eight days from the original send date regardless of successful delivery or not. International SMS are charged at 50c per message
17.6.1 Photo Message (MMS): International MMS is charged at 75c per message sent, per recipient.
17.6.2. Optus Email MMS is charged at 50c per message sent (one message can be sent to multiple recipients.)
17.6.3 . Charges apply regardless of successful delivery or not
17.6.4. If an MMS message is sent to a handset or network that is not Optus MMS enabled or compatible, the message recipient will be sent an SMS. You will still be charged for sending an MMS.


17.7Optus Push to Talk (PTT):
17.7. 1. To use PTT you must have an Optus compatible handset with the PTT service.
17.7. 2. The PTT service is only available for use between customers on the Optus GSM network.
17.7.3. Message delivery success, message delivery time and call initiation time may be variable.
17.7.4. You will incur the daily fee in any 24 hour period, from 3.00am Sydney EST, that you initiate a PTT call on the service. You will be charged $0.95 per day. Optus Fair GoTM Policy applies up to 150 minutes per month.

17.8 'yes' International and yes International Video Calling: 1. Optus reserve the right to withhold the promotions from any customer using in a manner deemed unreasonable or excessive by Optus. Optus Fair GoTM Policy considers 'excessive' to be usage more than 300 minutes per month per mobile on yes International Calls and 300 minutes per month per mobile yes International Video Calls. Flagfall per call applies. 2. These offers do not include Satellite destinations. Airtime surcharges apply to calls from MobileSat, Inmarsat, Iridium and Thuraya. 3. Prices are subject to change with reasonable notice.

17.9 Optus 3G or 'yes'G service: Use of Optus 3G Service is only available with 3G compatible handsets and devices, an Optus 3G SIM card and you must be in a Optus 3G coverage area. References to Optus 3G network, compatible handsets or wireless broadband devices refer to 3G 2100 MHz network and devices. To access the 3G network you must be within the Optus 3G 2100MHz coverage area. Outside these areas, service will fall back to the Optus GSM/GPRS network. 3G handsets and devices will not provide you with access to 3G services in Optus ‘yes’G service areas where a dual band (2100/900 MHz) handset is required. Use of Optus ’yes’ G Service is only available with compatible handsets and devices, an Optus 3G SIM card and you must be in a Optus ’yes’ G coverage area. The Optus ‘yes’ G Network refers to our 3G 2100/900 MHz network. To access the ‘yes’ G network you’ll require a ‘yes’G handset or device. For full coverage information please go to optus.com.au/coverage.

Actual network speeds both upload and download may vary dependent on the type of device in use, location and the number of users accessing the network at any given time. Speeds refer to maximum download speeds. Upload speeds will be lower than download speeds.

18 Mobile Data, Optus Zoo & MyZooNow: Optus Zoo activation time may take up to 24 hours. Optus will endeavour to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus Zoo Update service. Content may be suspended, changed, or terminated without notice. Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G or 'yes' G and may not include all content and features of Internet websites. Mobile data is supplied in accordance with the terms of the Standard Form of Agreement. You must comply with these terms including our Acceptable Use Policy and Mobile Fair GoTM Policy when using the service. The service provides a connection to the Internet via the Optus Mobile 3G, 'yes' G and GSM networks. The service is only available to customers within the Optus 3G, 'yes' G or GSM coverage area and is subject to network availability, refer to www.optus.com.au/coverage . You need to have 2.5G, 3G or 'yes' G network compatible mobile phone which is provisioned with the required settings to activate data use. Mobile IM: Customer will need to sign up and receive user credentials from MSN Messenger and/or Yahoo! Messenger on the Internet. Compatible handsets only. Optus Fair GoTM Policy applies on the pay as you go rate, up to 1MB per day, on the monthly option up to 10MB per month

18.1 Optus Fair GoTM Policy applies to: PTT usage up to 150 minutes per month, international calls up to 50 minutes per month, Mobile IM on the pay as you go rate up to 1MB per day, on the monthly option up to 10MB per month, use of unlimited text to personal use only.

18.2 Rate Plan Change: After the first 6 months of your contract, once a month you may change to another Mobile Rate Plan with a lower monthly access fee at Localls discretion for the remaining term of your contract. We may charge you a fee if you move from one pricing plan to another before the end of your minimum term. If you select a new rate plan/ plan option: 1.any calls made from the date of the change, will be rated at the applicable rate of your new plan /plan option and 2. any mobile data used from the date of the change, will be rated at the applicable rate of your new plan/plan option.

Prices quoted are GST inclusive. Locall reserves the right to change prices including call rates and monthly access fees at any time.