These Terms and Conditions relate to calls from Planetplan mobiles to local, national, international long-distance and mobile services.
These contain Planetplan-specifi terms and conditions and those specific to Telstra and Optus.
Optus mobile Caps are subject to the reduced amount equal to 5% being transferred to your choice of our eco partners. The terms and conditions run back to back with those listed below which are specific to Planetplan and can be found at Optus Terms.
You will also find below our Standard form of agreement and complaint resolution procedures.

 

1  Climate Change action scheme
ACX means Australian Climate Exchange Limited of Suite 37, 145 Stirling Highway, Nedlands, Western Australia, 6009.
Carbon Neutral means Carbon Neutral Limited of 5 May Terrace
Brooklyn Park  SA Australia.
NCCNSW means The Nature Conservation Council of New South Wales of Level 2, 301 Kent Street, Sydney, New South Wales 2000, Australia.

2 As part of the climate change action scheme, you agree that Planetplan may, with an amount equal to ten percent (10%) of your total call spend excluding GST, allocate monies to one of the Planetplan-accredited anti-climate change “Eco Partner” schemes, including:
           a. Tree planting with Carbon Neutral;
           b. Carbon credits derived from the ACX; or
           c. Research donations to NCCNSW.

3              Carbon Neutral Tree Plantings:  
Transfer an amount equal to ten percent (10%) of your total call spend to Carbon Neutral to plant trees. Planetplan remains the owner of the tree plantings unless you request in writing a transfer into your name, you have been granted “carbon neutral” status by a registered CO2 auditing and certification organisation (such as noco2 Pty Ltd) and your total call spend is greater than $6,000.00 excluding GST per year. $50.00 plus GST is payable for transferring ownership if your call spend is below $6,000.00 excluding GST per year. You may make only one tree planting transfer in any financial year.
4              Carbon Credits

Purchase and acquit, with an amount equal to ten percent (10%) of your total call spend, carbon credits bought on the ACX with Planetplan claiming the credit so derived, unless you request in writing a transfer into your name, you have been granted “carbon neutral” status by a registered CO2 auditing and certification organisation (such as noco2 Pty Ltd) and your total call spend is greater than $6,000.00 excluding GST per year. $50.00 plus GST is payable for transferring ownership if your call spend is below $6,000.00 excluding GST per year. You may make only one carbon credit transfer in any financial year.
5              Research
Transfer an amount equal to ten percent (10%) of your total call spend to NCCNSW to be used at NCCNSW’s discretion on anti-climate change research.
6      A leading national firm of accountants, will audit our actions set out at clauses 1.9.1 and 1.9.2 at the end of each financial year and provide a report on our activities to you.
7      You are able to view your own contribution to the “Eco Partner” scheme by:
8  Looking at the “Eco Partner” report in your monthly tax invoice; or
9  Logging on to our website and verifying your account details at the “Self-Care” account manager section of the website. This is a link to our website: http://www.planetplan.com.au
10      You will no longer be able to participate in the Eco Partner Scheme immediately after, in any financial year, you have not paid any three (3) tax invoices after the due date for payment of each tax invoice.
In any financial year Planetplan may claw back an amount up to the total amount transferred to the Eco Partner which you have selected in order to use that amount as provision for bad debt and against your failing to pay any tax invoice up until that time.
After 60 days from the date on which Planetplan institutes the claw back, Planetplan may substitute or swap the claw back credit to meet its requirement on another account holder or group of account holders who have chosen the same Eco Partner, in an effort to mitigate any loss resulting from your not paying your invoice by the due date for payment.
Once you do begin to make prompt and regular payments Planetplan will make another transfer to your chosen Eco Partner in order to reconcile the entire amount which should have been transferred prior to Planetplan instituting the claw back arrangement.

Definitions
Carrier means any carrier within the meaning of the Telecommunications Act 1997 (Cth) which supplies telecommunications services to M2 from time to time.
M2 means M2 Wholesale Services Pty Ltd ABN 11 071 659 348 of Level 10, IBM Centre, 60 City Road, Southbank, Victoria 3006, Australia.
Services means calls from landlines to local, national, international long-distance and mobile services.
1.1        Observance of Laws
We observe and comply with all laws relating to the telecommunications industry, to consumer protection and environmental protection, including:

• the Telecommunications Act 1997 (Cth);
• the Privacy Act 1998 (Cth);
• the Trade Practices Act 1974 (Cth);
• State and Territory Fair Trading Acts;
• the Do Not Call Register Act 2006 (Cth);
• the Consumer Credit Code; and
• Door-to-Door Trading legislation.

1.2        Ambit of these Terms and Conditions
You understand that these Terms and Conditions relate to calls made from landlines to local, national, international long-distance and mobile services which we buy from M2 and sell to you.
1.3        Payment of Amounts Due
M2 may, in its discretion, claim payment of any amounts which:

• we have invoiced to you; and
• you have not paid; and
• we in turn do not pay to M2.

1.4        Exchange of Information
You consent to our exchanging with M2 information which we know of about you, including, but not limited to your:

• Full name;
• Billing address;
• Street address;
• Orders for telecommunications products and services;
• Personal creditworthiness;
• Commercial activities; and
• Commercial creditworthiness. [these last 2 are for business terms only]

1.5        Transfer of Carrier        
You consent to M2 or us transferring the services to another Carrier from time to time as either M2 or we sees fit.
1.6 No Offence   
You agree not to use or allow anyone else to use the Services to commit an offence.
1.7        Credit Reporting
You understand that we may provide information about you to a credit reporting agency in order to allow us to obtain a credit report about you and to maintain a credit file on you. This may include your identity details, your credit history with us and any payments which are more than 30 days overdue.
1.8        Transfer of Your Existing Service
You ask us to transfer your current Service from your current telephone company to us, but you understand that we may not do so if your credit report shows that you are a high risk customer.
You authorise us to contact your current telephone company in order to arrange for the transfer of your Service from that company to us, you wish your current telephone company to release you from your current arrangements with them and provide us with all information in order to carry out the Service transfer to us.
You understand that these Terms and Conditions relate only to our supplying you with the Services and not to your existing arrangements with your current telephone company.
  
PLANETPLAN MOBILE – SERVICE SCHEDULE
SERVICE DESCRIPTION FOR PLANETPLAN BUSINESS AND CORPORATE MOBILE
Planetplan Mobile provides a complete mobile service. It offers the Customer the ability to make and receive calls, subject to any conditions that might apply to specific types of calls, via a customer access service to other mobile and fixed-line services throughout Australia and overseas. Access to the service by the Customer is provided via a combination of: (i) a SIM (Subscriber Identity Module) Card from Planetplan correctly inserted into the Customer’s compatible GSM mobile phone handset; and either (ii) the transfer (or ‘porting’) of an existing mobile service number to Planetplan; or (iii) the provisioning of a new mobile service number by Planetplan.
The service is only available to the Customer: (i) where the Customer is utilizing a GSM mobile phone service that is delivered via the Telstra GSM network or is able to be connected to such a service and agrees for Planetplan to provision such a service on their behalf; (ii) where the Customer is an approved Planetplan customer; and (iii) where the Customer agrees to access their service via the SIM Card from Planetplan.
Planetplan Mobile incorporates a number of Value Added Services, including Messaging (Voicemail, SMS & MMS, among others) and Data (GPRS & WAP, among others) capabilities. Such services may be dependant upon the capabilities of the mobile phone handset the Customer is using. The Customer should check with the handset manufacturer to check whether support for particular Value Added Services is supported.
Further details which are specific to the Customer’s Service (including for example service details and pricing details) may be contained in the proposal provided by Planetplan to the Customer and such details are incorporated into this Service Schedule.
PRICING
Pricing for the Service and other charges under the Agreement shall be as notified by Planetplan (for example, in its proposal to the Customer) and as otherwise notified or varied by Planetplan in accordance with the General Terms.
ADDITIONAL TERMS
1. The Customer acknowledges that the Service may be unavailable at times, due to various factors including but not limited to coverage, system maintenance, congestion, Service Equipment or network failure. The Customer further acknowledges that Planetplan does not guarantee the performance or quality of the Service.
2. The Customer agrees to use only Australian Communications and Media Authority approved equipment to access the Service or in conjunction with the Service.
3. The commencement date for the Service is the date on which the Customer’s mobile service number is ported to Planetplan or the date on which their new mobile service number is allocated.
4. Subject to clause 5, either party may cancel the Service by giving 30 days’ written notice to the other party.
Reconnection of a terminated service, if available, will incur a fee of $50 (GST exclusive).
5. If, during the contract period, the Customer cancels the Service or Planetplan terminates the Service for breach by the Customer, the Customer must immediately pay to Planetplan the unpaid amount of all outstanding charges, being all service charges, plus all outstanding monthly mobile hardware repayments, for the remainder of the contract. Such charges shall be a debt due to Planetplan and shall be without prejudice to Planetplan’ other rights under the General Terms, including without limitation the right to recoup outstanding charges. For the avoidance of doubt, porting a mobile service number to another provider shall be deemed to be cancellation by the Customer of the Service which relates to that mobile service number.
6. Premium services are services that supply various types of content or provide for payment of services via mobile or fixed telephone accounts, at a price that is higher than would be typical of a normal telephone call. Content and services provided via premium services can include news, financial data, weather information, horoscopes, mobile ringtones, games capable of being played on mobile telephones, and chat services. Premium services may be accessed via Australian telephone numbers starting with 19 or via international numbers (in the latter case, the call costs of the calls are usually the same as for normal calls to the destination country). Premium services may involve making voice calls, sending an SMS, or accessing a mobile carrier “portal”. The Customer is responsible for all Premium services accessed using the Planetplan mobile service and any charges incurred as a result of this access.
7. The Customer acknowledges and agrees that: (i) Premium SMS services will be charged at the rates specified by the relevant content service provider, not Planetplan; (ii) that the Customer is responsible for verifying and satisfying themselves as to relevant charges for Premium SMS services; and (iii) that Planetplan reserves the right (without notice to the Customer) to bar a Customer’s access to Premium SMS services or to impose or change a credit limit in relation to Premium SMS services.
8. The Customer must immediately advise Planetplan as soon as they are aware that their mobile phone hardware and/or SIM Card have been lost, stolen or destroyed. The Customer remains responsible for all contractual and financial obligations relating to their mobile service regardless of the physical status of their hardware and/or SIM Card. Planetplan may apply a SIM Card replacement fee of $30 (GST exclusive) where one is requested by the Customer.
9. Although Planetplan will not charge the Customer for the cost of porting their mobile service number(s) from the Customer’s previous service provider, the Customer may be liable to pay Planetplan a port out fee on porting of any mobile service number(s) to another provider.
10. Should the Customer request to change their mobile service number(s), this may be done subject to availability of alternative number(s) and may (at Planetplan’ discretion) be subject to a fee of $50 (GST exclusive). The Customer may request a special mobile service number consisting of a certain combination or pattern of numbers that may be considered to be of higher value. These numbers are described as “silver”, “gold” or “platinum” numbers and are
defined by Planetplan upon Customer enquiry. Charges apply to the provision of silver, gold or platinum numbers as a new mobile service number or as a change of an existing mobile service number in addition to any other charges normally incurred in the provision of the Service. This includes but is not limited to the change of mobile service
number fee.
11. Planetplan Business Mobile plans may include provision for a credit or rebate to the Customer’s Planetplan account. This figure may be identified as a plan credit, hardware credit or similar type of description. The credit described in the Planetplan Business Mobile plan will be applied whether the Customer purchases hardware of any sort from Planetplan or
not. The credit is not redeemable for cash nor is it transferable to any other Customer account. In the event of account closure or service termination for any reason, any and all remaining credits that may or would have been applied under the plan description cease to apply.
12. Planetplan Business Mobile plans may include a requirement for a minimum monthly spend commitment from the Customer. The monthly spend is composed of all eligible usage as specified in the proposal to the Customer and may include all usage or only certain types of usage such as Voice calls only. Where any exclusions to the monthly spend component exist these will be stipulated to the Customer in the proposal document and/or plan description.
13. The time period referred to in relation to monthly spend is the monthly billing cycle of Planetplan and does not refer to the calendar month. The relevant billing period is stated on the Customer’s monthly account invoice.
14. The monthly spend figure is charged to the Customer’s account at the time of billing and all eligible usage is credited against this charge. In the event that the eligible usage is less than the monthly spend charge, the difference is forfeit and is unable to be used and it shall not be refunded, transferred or redeemed in any way.
ADDITIONAL TERMS RELATING TO MOBILE HARDWARE
15. The Customer acknowledges and agrees to the following additional terms in relation to mobile hardware
(a) To acquire the goods set out in the hardware order form as signed by the Customer in relation to mobile hardware (the “Hardware Order Form”). The Customer warrants that it has the authority to do so and that all details provided
are true and correct
(b) all hardware shall remain the property of Planetplan until all hardware has been paid for in full;
(c) Planetplan makes certain mobile handsets and/or accessories (“hardware”) available to Customers on Planetplan Mobile plans with Planetplan. This hardware may be made available under a repayment option over a period of 24 months (or other period determined by Planetplan) or as a once-off purchase. Planetplan reserves the right to require a Customer to pay for either or both the mobile handset and/or accessories as a once-off purchase and does not automatically provide a 24 month repayment option. In either case a debit or charge will be applied to the Customer’s Planetplan account upon ordering of the mobile hardware. The amount of the charge will be that which is stipulated on the relevant hardware order form. The mobile hardware charge is non-refundable and in the event that the requested mobile hardware is or becomes unavailable for any reason, the Customer will be asked to choose a similar available product for the same or higher value;
(d) Warranty for mobile hardware is covered under the relevant manufacturer’s warranty and is subject to the manufacturer’s warranty terms and conditions. Customers are directed to the manufacturer for all warranty queries.
The Customer should keep the original receipt for the purchase of all mobile hardware purchased via Planetplan for warranty purposes;
(e) Planetplan may not be able to make immediate delivery of the mobile hardware purchased on the Hardware Order Form. The Customer agrees to pay the nominated monthly or once-off charges regardless of the delivery status of the mobile hardware;
(f) colour preference is not guaranteed and is subject to availability;
(g) incorrect delivery address information may result in delivery fees being applied.
ADDITIONAL TERMS FOR PLANETPLAN CORORATE MOBILE
1. Planetplan Corporate Mobile plans may include an element of billing described as “Group Spend”. This is defined as the aggregation or combination of the spend of all eligible mobile services on a single Planetplan Corporate Mobile account and plan for the purpose of meeting the minimum monthly spend requirement for the plan on which the Services are active. Planetplan may limit the number of mobile service numbers eligible for Group Spend on any Planetplan Corporate Mobile plan. Mobile service numbers on a separately identified Planetplan Corporate, Business or Home Mobile plan on the same or separate account are not eligible for inclusion in Group Spend. Mobile service numbers on a separate Planetplan account number are not eligible for inclusion in Group Spend regardless of their plan description.
2. Group Spend consists of the eligible spend entitlement described in the Planetplan Corporate Plan itself and may be limited to particular call or charge types. Exclusions to Group Spend may include, without limitation, Value Added Services such as Voicemail, Paging, SMS and/or MMS services. International Direct Dial (IDD) and/or Operator Assisted calls, both domestic and overseas may also be excluded. Premium number services such as 19 or 1900 numbers are excluded from Group Spend. Any type of Data usage including WAP and GPRS may also be excluded. Where there is any question or if there is no specific description of eligible Group Spend entitlements, only voice calls made to Australian fixed-line geographic or mobile service numbers (excluding local rate and freephone numbers) are eligible to be included in the Group Spend entitlement.
3. The component of eligible Group Spend is identified on the monthly account invoice issued by Planetplan to the Customer and is deducted from the monthly spend charge accrued on that invoice. In the event that the eligible Group Spend is less than the monthly spend charge, the difference is forfeit and is unable to be used and it shall not be refunded, transferred or redeemed in any way.
4. Planetplan Corporate Mobile plans may include an element of billing described as “Intra-Account” calls. These calls are defined as voice calls from one Planetplan mobile service number to another Planetplan mobile service number that is on the same Planetplan account number and the same Planetplan Corporate Mobile plan.
5. The application of Intra-Account calls is governed by the terms of the Planetplan Fair Use Policy for Mobile.
6. Planetplan may limit the number of mobile service numbers eligible for Intra-Account calls and may also limit the total number of minutes available for Intra-Account calls during the monthly billing cycle. The limitations of the Intra-Account calls will be stipulated in the proposal to the Customer or other similar document that describes the pricing of the mobile services in general.
7. Unless otherwise specified, Intra-Account calls are included in Group Spend where Group Spend is a component of the Planetplan Corporate Plan that the Customer has chosen.
8. Subject to any specific terms or limitations in relation to Intra-Account calls, the following criteria will be applied:
· Planetplan Corporate Mobile plans with a minimum spend component of $1000, $1500 & $2000 (GST exclusive)
are entitled to up to 500 discounted intra-account minutes per month at the rate specified in the proposal to the Customer.
· All Planetplan Corporate Mobile plans with a minimum spend component of $2500 GST Exclusive and above are entitled to up to 1000 discounted intra account minutes per month at the rate specified in the proposal to the Customer.
9. Without limitation, the following call and/or charge types are excluded from usage that is eligible for billing under Intra-Account calls:
· Value Added Service calls such as Voicemail, Paging, SMS and/or MMS services;
· International Direct Dial (IDD) and/or Operator Assisted calls, both domestic and overseas;
· Premium number services such as 19 or 1900 numbers;
· Any type of Data usage including but not limited to WAP and GPRS & 3G
· Local Rate and Freephone calls
10. Nothing in this Schedule limits any limitation, exclusion or indemnity contained in the General Terms.
General Terms.
Definitions
1. In this Agreement, the following terms have the following meanings: “Agreement” means the agreement between Planetplan and the Customer for the provision of Services, which comprises these General Terms, the Application Form, any applicable Service Schedule(s) and any service level agreement agreed between the parties; “Application Form” means any application in a form approved by Planetplan, made by the Customer for provision of Services by Planetplan; “Business Hours” means 08:30 to 17:30 Monday to Friday, excluding days which are bank holidays in Melbourne; “Charges” means any and all charges for the Services as notified to the Customer, and as may be amended by Planetplan in accordance with this Agreement; “Customer” means the customer named in the Application Form; “Customer Equipment” means any equipment or facility in the possession, ownership or control of the Customer other than Service Equipment; “Defined Abuse” includes misuse of the Service including without limitation: (a) giving an unauthorized person the Customer’s account and password details; (b) deliberately or recklessly disrupting Planetplan’ service; (c) using the Service in an unlawful manner; (d) using the Service to menace or harass others; (e) using the Service to obtain unauthorized access to any network; or (f) as otherwise reasonably determined by Planetplan; “General Terms” means the terms contained in this document; “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its related impositions; “Purchased Equipment” means the equipment (and associated software), as set out in the Application Form or a Service Schedule, to be supplied by Planetplan to the Customer and includes additional equipment (and associated software) which Planetplan agrees to supply to the Customer; “Service” means a service to be provided by Planetplan pursuant to this Agreement, as set out in the Application Form and a Service Schedule and includes any additional service which Planetplan agrees to supply to the Customer; “Service Equipment” means any equipment, facility or associated software used by Planetplan or any of its suppliers in relation to a Service and may include equipment leased to the Customer; “Service Schedule” means any schedule relating to any Service; and “Planetplan” means Planetplan Pty Ltd ACN 36 130 760 646 , its successors and assigns.
Services
2. This Agreement commences when Planetplan accepts (in its sole discretion) the Customer’s Application Form and continues for the period specified in the Application Form (or, where applicable, a Service Schedule in respect of a particular Service) or until terminated in accordance with its terms. Planetplan shall be under no liability to the Customer or any other person for any delay in the commencement of the Services.
3. Planetplan agrees to perform the Services on the terms of this Agreement in consideration for the Charges.
4. Planetplan will provide a fault reporting service for the Service, accessible during Business Hours (or otherwise as notified by Planetplan from time to time). Unless instructed by Planetplan, the Customer may only contact Planetplan (but not its suppliers) concerning faults related to the Service. The Customer shall promptly report any faults to Planetplan and Planetplan may take any action (or non-action) which it considers reasonable.
5. The Customer acknowledges that Planetplan is a reseller of the Service provided by one or more wholesale providers.
6. To the extent required by law, the telecommunications customer service guarantee applies to the Services. Further information regarding this matter may be found at www.aca.gov.au.
Purchased Equipment and installation
7. The Customer shall purchase Purchased Equipment from Planetplan.
8. Subject to agreement between the parties as to which Services and/or Purchased Equipment Planetplan will install, Planetplan shall install such Services and/or Purchased Equipment at a site nominated by the Customer. Planetplan may charge the Customer its then current rates (including travel and accommodation expenses) for installing the Purchased Equipment and/or a Service. Planetplan shall use reasonable endeavours to install the Purchased Equipment and/or a Service on or around the installation date requested by the Customer but will not be liable for any loss or damage for failure to do so.
9. The Customer agrees to acquire and Planetplan agrees to supply the Purchased Equipment in consideration for the price set out in the Application Form or as otherwise notified by Planetplan to the Customer.
10. The Customer shall prepare the installation site in accordance with the site preparation requirements reasonably required by Planetplan. Planetplan may refuse to install Purchased Equipment and/or a Service if the installation site not been prepared in accordance with this clause.
11. The parties may agree from time to time to change the installation site, in which case Planetplan shall be entitled to impose an additional charge. To avoid doubt, the provisions of this Agreement shall apply in respect of the new installation site.
12. Title in and over the Purchased Equipment remains with Planetplan until payment in full is received. Without limiting the last preceding sentence, if the Purchased Equipment is sold or otherwise transferred to another person, the Customer must account to Planetplan for all outstanding amounts.
13. Risk of loss or damage to the Purchased Equipment shall pass to the Customer upon delivery.
 Service Equipment
14. In respect of any Service Equipment: (a) the Service Equipment remains the property of Planetplan or its supplier; (b) to the extent possible under the terms of the Customer’s occupation of the premises where the Service Equipment is located, the Customer will allow Planetplan to and, where applicable, will ensure that the landlord allows Planetplan to, access such premises for the purposes of this clause; (c) Planetplan may remove the Service Equipment upon reasonable notice to the Customer; (d) the Customer will not part with possession of the Service Equipment, except to Planetplan; (e) the Customer must provide Planetplan and its nominees with access to the Customer’s premises upon reasonable notice to install, inspect, test, modify, maintain, repair, change or recover the Service Equipment; (f) the Customer must ensure that the Service Equipment is not handled, used, maintained, tampered or interfered with by any person, except Planetplan or its nominee; (g) if requested by Planetplan, the Customer must insure the Service Equipment for an amount and on terms reasonably required by Planetplan; and (h) the Customer must return the Service Equipment to Planetplan within 14 days of the expiry or termination of this Agreement and, if the Customer does not do so, the Customer shall immediately pay to Planetplan the full retail price of the Service Equipment (including the cost of acquiring or renewing any necessary software licences). This clause shall survive termination of this Agreement.
The Customer’s Responsibilities
15. The Customer must: (a) ensure that the Customer's computer system and the Service are used solely for their intended purpose; (b) ensure there is no unauthorized access to Planetplan’ computer system by the Customer's computer system; (c) notify Planetplan immediately of any security breach (suspected or otherwise) of the Service, or the Customer’s confidential password or the Customer login; (d) not interfere with the normal operation of the Service or make it unsafe; (e) ensure that a suitable power supply is available for the use of the Services; and (f) promptly inform Planetplan of any change to the Customer’s billing or address details.
16. The Service shall be personal to the Customer and the persons authorized on the Application Form. The Customer must not permit any other person to use the Service and must not re-sell or purport to re-sell the Service.
17. For the duration of this Agreement, the Customer shall provide Planetplan free of charge with all assistance, information, access, facilities and services reasonably required by Planetplan to enable it effectively to perform its obligations under this Agreement, including use of Customer Equipment (including PABX and key system equipment) and telecommunications facilities if required.
18. The Customer must not commit, cause or allow any breach (or do anything which might put Planetplan or any of its related bodies corporate in breach) of any law, regulation, government direction or industry standard or code.
19. The Customer warrants that the information supplied by the Customer in relation to this Agreement is true and correct.
20. The Customer is responsible for insuring and maintaining any equipment or facility owned or provided by the Customer (including without limitation Customer Equipment and Purchased Equipment).
Charges and Billing
21. All fees and charges which are known in advance (including without limitation recurring or fixed fees or charges) may be invoiced in advance. All other fees and charges may be invoiced monthly in arrears. The Customer shall make all payments within 14 days of the date of invoice.
22. The Customer shall pay accounts either by credit card standing authorisation, or electronic funds transfer on account, which may be paid by credit card, electronic funds transfer, cheque or money order.
23. Payments made by credit card standing authorisation with Visa, Bankcard or Mastercard will not be subject to a surcharge to cover merchant fees. Payments made by credit card standing authorisation with AMEX or Diners Club will be subject to a surcharge of 3.4%. Ad-hoc payments made by credit card (not standing authorisation) will be subject to a surcharge of 2.5%.
24. The Customer shall pay a fee of $20 in addition to any other costs or charges (such as financial institution charges) for each dishonoured transaction.
25. Planetplan reserves the right to enforce payment by credit card standing authorisation in the event that a Customer’s monthly charges on a given account are or are reasonably expected to be below $250 per month, above $1000 or in the event that the Customer is consistently late in making payment.
26. Failure by the Customer to pay any outstanding amount within 30 days of the date of invoice will, without prejudice to Planetplan’ other rights: (a) be deemed a terminating event or, at Planetplan’ sole discretion, shall entitle Planetplan to suspend all or any of its obligations under this Agreement; and (b) entitle Planetplan to charge interest on the unpaid amount at a rate equal to 2% per annum above the overdraft rate of the NAB Bank on the first Working Day following the due date for payment.
27. Where the Customer has failed to pay any amount owing to Planetplan, Planetplan may, in addition to any other fees or charges under this Agreement, charge the Customer Planetplan’ then current fee for suspension, disconnection and/or re-connection of a Service. In addition, the Customer shall indemnify Planetplan for the cost of exercising and/or pursuing Planetplan’ right to payment under this Agreement.
28. If Planetplan has agreed to provide a Service for a particular term, then to the extent permitted by law: (a) the whole amount payable for the whole of the term that that  Service is to be provided is a debt owing to Planetplan as at the time of entering into this Agreement for which Planetplan may bill the Customer even if the Customer cancels the Service before the term ends; and (b) if the Customer cancels the Service before the end of the term, the Customer will be liable for the remaining monthly service fees.
29. If Planetplan provides a Service for a particular term and allows the Customer a discount on payment over that term and the Customer cancels this Agreement before that term ends, then the Customer will be liable to pay the full undiscounted amount for the period which has elapsed and Planetplan will bill the Customer for the amount of the discount allowed to the Customer during the elapsed period on the Customer’s next bill.
30. In the event the Customer’s payment of Planetplan’ charges under this Agreement remains outstanding for 45 days or more, Planetplan reserves the right to vary or remove any discount previously communicated or provided to the Customer.
31. The Customer shall pay the Charges in full without any deduction or set-off whatsoever (including whether the Service is used by the Customer or any other person).
32. Unless expressly stated otherwise, all references to consideration (including Charges) relating to this Agreement are exclusive of GST.
33. The Customer shall if requested by Planetplan provide security to Planetplan for an amount, in a form and within a timeframe reasonably required by Planetplan, in relation to the Customer’s obligations under this Agreement. Without limiting the last previous sentence, such security may take the form, at Planetplan’ discretion, of a security bond, bank guarantee, parent company guarantee or director’s guarantee. If Planetplan requests that the Customer provide security pursuant to this clause, then the provision of such security shall become a condition precedent to Planetplan’ remaining obligations under this Agreement.
34. Planetplan may impose an additional charge on the Customer in respect of any services which are in addition to the Services (and which Planetplan agrees to supply), or in any other reasonable circumstances.
35. The Customer may not dispute an invoice or claim a refund for overpayment under this Agreement more than 12 months after date of the invoice to which the disputed amount or alleged overpayment relates.
Limitations, Exclusions and Indemnities
36. The Customer acknowledges that: (a) faults related to the provision of the Service may occur; (b) Planetplan does not warrant that the Service will be uninterrupted or error free; (c) Planetplan shall not be liable or responsible for faults outside Planetplan’ control; and (d) any restoration targets which Planetplan provides to rectify faults may be subject to the performance of third parties.
37. Subject to any service level agreement offered by Planetplan with respect to the Services, Planetplan accepts no responsibility for the performance of any third party which may be relevant to the provision of the Service. However, Planetplan will use its best endeavours to ensure that any relevant third party co-operates in order to deliver the Service in a timely manner, provide and maintain the Service in a responsible fashion and rectify any faults in relation to the Service a timely manner.
38. The Customer acknowledges and agrees that: (a) Planetplan shall not be obliged to supply any goods or services on any terms more favourable to the Customer than the terms on which such goods or services are supplied to Planetplan; (b) Planetplan may at any time impose on the Customer any term, condition, warranty, limitation or exclusion which Planetplan’ upstream supplier imposes on Planetplan; (c) if Planetplan’ upstream supplier increases the price at which it supplies any necessary or relevant goods or services to Planetplan, Planetplan may immediately alter any applicable charges to reflect such increase; and (d) Planetplan may immediately suspend or terminate this Agreement without any liability to the Customer if for any reason Planetplan no longer acquires any necessary or relevant goods services from an upstream supplier (including without limitation if an upstream supplier suspends or terminates its arrangements with Planetplan, even if it is due to Planetplan’ breach or default).
39. The Customer must indemnify and save harmless Planetplan and its related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with: (a) any breach of, or failure to comply with the terms of, this Agreement by the Customer; (b) any physical damage to an Indemnified Person’s network or other physical damage to property or persons caused by the Customer or any person having access to its use of the Services (a “permitted user”); (c) the use of the Services by the Customer or a permitted user; (d) the reproduction, broadcast, use, transmission, communication or making available of any material by the Customer or a permitted user, using the Services; (e) any alleged breach of a person’s rights (including, but not limited to, defamation and intellectual property rights) by a communication, broadcast or transmission, made available by means of the Services by the Customer or a permitted user; or (f) any Customer Equipment which causes a fault in, or interferes with, the operation of any system owned or operated by Planetplan (including without limitation Planetplan’ systems or network).
40. Advice and information given by Planetplan are given on an “as is” basis but Planetplan is not required to provide such advice under this Agreement. Subject to this Agreement, Planetplan shall not be responsible for any loss or damage occasioned by the Customer in reliance thereon.
41. The Customer uses the Services and any software or equipment supplied by Planetplan at its own risk.
42. Subject to this Agreement: (a) all conditions, warranties and representations which are not expressly provided or included in this Agreement are excluded from this Agreement; and (b) Planetplan’ maximum aggregate liability to the Customer in contract, tort (including negligence), under statute or otherwise is limited to the maximum extent possible.
43. Planetplan’ liability is entirely excluded for any indirect or consequential loss or damage whatsoever including without limitation loss of profits, loss of business or anticipated savings and loss, corruption or destruction of data.
44. This Agreement includes terms implied by any statute which cannot be lawfully excluded, including those implied by the Trade Practices Act 1974 (Cth) and corresponding state and territory legislation. However, in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Planetplan’ liability for breach of those terms (other than section 69 of the Trade Practices Act and corresponding state and territory legislation) will be limited, at its option, to any one or more of: (a) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and (b) in the case of services, supplying the services again or payment of the cost of having the services supplied again.
45. Notwithstanding any provision in this Agreement or any condition, warranty or representation otherwise made by Planetplan, Planetplan limits to the maximum extent possible all liability to the Customer in relation to the problem known as the year 2000 problem, including without limitation the ability of any equipment or service supplied by Planetplan to perform date related functions correctly and accurately.
Suspension and Termination
46. Notwithstanding any provision in this Agreement, all or any part of this Agreement may be immediately suspended or terminated (in Planetplan’ sole discretion) by Planetplan: (a) in the event of the Customer in Planetplan’ reasonable opinion committing Defined Abuse; (b) if the Charges are not paid in accordance with this Agreement or if the Customer’s payment is refused or dishonoured by the Customer’s nominated financial institution; (c) if there is a significant change or likely significant change in the Customer’s financial position including without limitation bankruptcy, insolvency, a winding-up application or the appointment of a receiver or administrator; (d) if the Customer breaches any provision of this Agreement; (e) if the Customer (being a natural person) dies or (being a company) is wound up or (being a partnership or association) is dissolved; or (f) if the Customer (or any related body corporate or any associate of the Customer) breaches any other agreement with Planetplan (or any related body corporate or any associate of Planetplan).
47. Planetplan may suspend the Service while investigating any complaint or reasonable suspicion of illegal behaviour or Defined Abuse and may monitor or limit the Customer’s Service if permitted by law or required by direction of a competent law enforcement official or authority.
48. Planetplan reserves the right to suspend the Services in an emergency if Planetplan considers it necessary to do so to safeguard the provision of services to other customers or for any other reasonable reason.
49. Planetplan may immediately terminate this Agreement if this Agreement is suspended for a continuous period of 14 days or more.
50. For the avoidance of doubt, any recurring or fixed fees or charges under this Agreement shall continue to accrue during the pendency of any suspension of this Agreement.
51. Planetplan is not required to suspend or give a notice of suspension under this Agreement before exercising its right to terminate all or any part of this Agreement.
52. The exercise by Planetplan of its right to suspend all or any part of this Agreement shall be without prejudice to its right to terminate all or any part of this Agreement.
Transfer of Services
53. The Customer authorizes Planetplan to sign on the Customer’s behalf and in the Customer’s name any form of authority to the Customer’s current supplier of services and to do all other things necessary to transfer the Customer’s account into Planetplan’ name.
54. The Customer shall remain responsible (and the Customer indemnifies Planetplan) in relation to all amounts owing to another supplier for any services supplied by that other supplier, to the Customer.
Disclosure
55. The Customer consents to Planetplan, its employees and agents making such enquiries as it deems necessary to investigate the creditworthiness of the Customer from time to time including without limitation the making of enquiries of persons nominated as trade referees, the bankers of the Customer or any other credit providers (the “information sources”) and the Customer hereby authorises the information sources to disclose to Planetplan such information concerning the Customer which is within their possession and which is requested by Planetplan. The Customer also consents to Planetplan obtaining a credit report from a credit reporting agency containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by Planetplan of an Application or for the purpose of the collection of payments which are overdue in respect of any credit provided by Planetplan, as permitted under the Privacy Act 1988 (Cth).
56. The Customer agrees that Planetplan may give to or obtain from another credit provider, any information derived from a report to assess an application for service, its creditworthiness and its continuing creditworthiness. Items of personal information about the Customer (including information in an Application Form and information arising from the conduct of an account) and permitted to be kept on a credit information file, may be disclosed to a credit reporting agency. For the avoidance of doubt, Planetplan may provide to a credit reporting agency details regarding the Customer’s refusal or failure to pay accounts in accordance with this Agreement.
57. The Customer authorizes Planetplan to provide personal information to its suppliers to the extent necessary to fulfil its obligations under this Agreement.
58. Planetplan may also collect the Customer’s personal information and use it for the following purposes: (a) to provide information about other goods or services which Planetplan or any of its related bodies corporate may offer; (b) to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services; (c) for purposes related to or arising out of Planetplan’ provision of services and credit or commercial credit, to the Customer.
59. The Customer gives its consent to the types of use of information described in these General Terms.
60. The Customer gives its consent to Planetplan sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the Customer.
General
61. The terms of this Agreement including without limitation the Charges and the Services are subject to change by Planetplan. Planetplan shall give not less than 30 days’ written notice to the Customer of any changes. In the event that the Services are substantially limited by such changes, the Customer shall be entitled to terminate this Agreement by written notice to Planetplan, provided the Customer must pay Planetplan for any goods supplied or services performed up to the time of termination.
62. An up-to-date version of these General Terms may be found at Planetplan’ website, www.planetplan.com.au/terms.
63. In the event of a dispute arising under this Agreement, the Customer may have rights under the Telecommunications Industry Ombudsman scheme. Further information regarding this matter may be found at www.tio.com.au.
64. The Customer does not own or have any legal interest or goodwill in any telephone number, IP address, domain name, PIN or other locator or identifier issued to the Customer (“Public Addressing Identifier”). The Customer acknowledges and agrees that the terms of use of any Public Addressing Identifier may be subject to regulatory requirements (including requirements relating to changes to or termination of a Public Addressing Identifier) and Planetplan shall not be liable or responsible for the operation or consequences of any such requirement.
65. The Customer must treat as confidential, keep secret and not use or disclose any information relating to the trade secrets, know-how, business practices, network or service configuration, operational or procedural information, charges, discounts or clientele, of Planetplan. Any such disclosure may only be made with the prior written consent of Planetplan. Any confidential information must be returned to Planetplan upon demand and/or at the termination or expiry of this Agreement. This clause shall survive termination of this Agreement.
66. Any provision which by its nature would survive termination or expiry of this Agreement (including without limitation any exclusion or limitation of liability or indemnity in this Agreement) shall survive termination or expiry of this Agreement.
67. The forbearance on the part of Planetplan from exercising any right under this Agreement (including without limitation any right to suspend or terminate all or any part of this Agreement) on the first date Planetplan is entitled to do so shall not constitute any waiver of Planetplan’ rights under this Agreement.
68. Planetplan will not be responsible for any delay or failure to perform its obligations under this Agreement caused by any act beyond its control including without limitation acts of God, wars, strikes, natural disasters, failures of any other provider or network operator’s services and interruptions to power supply.
69. This Agreement contains the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations warranties (other than warranties set out in this Agreement), or commitments in relation to the subject matter of this Agreement are superseded by this Agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect to those matters. No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this Agreement or constitute a collateral agreement, warranty or understanding between the parties.
70. The Customer must not assign or purport to assign any of its rights or obligations under this Agreement without the prior written consent of Planetplan. Planetplan may assign or novate any of its rights or obligations under this Agreement and the Customer shall be deemed to have consented to such assignment or novation.
71. In the event of any inconsistency as between these General Terms, any Application Form, Service Schedule, service level agreement or other attachment to these General Terms, the order of precedence shall be as follows: (a) the Service Schedule; (b) the Application Form; (c) any service level agreement agreed between the parties; (c) these General Terms; and (d) any attachment to these General Terms.
72. If any clause or part of this Agreement is held to be void, illegal or unenforceable for any reason, it shall be deemed to be severed from this Agreement without affecting any other clause or part of this Agreement.
73. Planetplan may sub-contract its obligations under this Agreement.
74. Each party must do all things necessary to give effect to this Agreement and any thing contemplated by this Agreement.
75. The person purporting to enter into this Agreement on behalf of the Customer warrants to Planetplan that he/she is duly authorized to enter into this Agreement in that capacity.
76. The Customer and Planetplan agree that the laws of Victoria shall govern this Agreement and each party irrevocably submits to the jurisdiction of Victorian courts and tribunals.

Complaints
We aim to resolve customer complaints in a quick, efficient and amicable manner. If you have any
complaints regarding the agreement, please contact us on the details below.
We will provide a fault reporting service for the service, generally accessible during business hours. Unless instructed by us, you may only contact us (but not our suppliers) concerning faults related to the service.
You should promptly report any faults to us.
To the extent required by law, the telecommunications customer service guarantee applies to the services.
Further information regarding this matter may be found at www.aca.gov.au.
In the event of a dispute arising under the agreement which we and you cannot resolve, you may have rights under the Telecommunications Industry Ombudsman scheme. Further information regarding this matter may be found at www.tio.com.au. You may also have rights under applicable fair trading legislation in your state or territory.
We may assign or novate any of our rights or obligations under the agreement and you shall be deemed to have consented to such assignment or novation.
The laws of Victoria govern the agreement and each party irrevocably submits to the jurisdiction of Victorian courts and tribunals.
We would like to think that a reasonable solution can be found.
For further information, please contact us on:
phone: 13 10 62
e-mail: enquiries@Planetplan.com.au
PO Box 271 Carlton South Vic 3053
Standard Form of Agreement (SFOA) and summary.
We provide services to you subject to a standard form of agreement (.SFOA.) which has been lodged with the Australian Communications Authority under the Telecommunications Act 1997 (Cth). This is a summary of the SFOA. The SFOA, not this summary, contains the terms of our agreement with you (the
.agreement.).
This summary is for information purposes only and has no legal effect.
Nothing in this summary affects the operation or interpretation of the agreement, nor does it constitute a term, condition, warranty, representation or collateral agreement.
Goods and/or services we supply to you
The SFOA governs the provision of goods and/or services by us, to you. The goods and/or services are those which are identified on an application form which you have signed and we have accepted.
The service is personal to you and the persons authorized on the application form. You must not permit any other person to use the service and must not re-sell the service.
We may either provide the service directly or be a reseller of the service provided by one or more wholesale providers.
Charges and billing
Depending on the goods and/or services we supply to you, we may charge you connection charges, recurring charges, fixed charges, usage-based charges, charges for other services provided in connection with a service,number reservation charges and other charges. In some circumstances, we may also charge you credit charges, dishonoured transaction charges, suspension, disconnection and reconnection charges. If the services are supplied for an agreed term, we may charge termination charges; in some cases this may be the charge that would otherwise be payable for the remainder of the term. For some services, the charges may vary depending the time of day or week when you use the service. We may also provide a credit, discount or rebate for some goods or services; these would be separately notified to you. The amount of our charges are as notified at the commencement of the agreement, or as may be varied by us from time to time and notified to you. You can obtain up-to-date information about our charges by contacting us on the details provided below.
Fees and charges which are known in advance may be invoiced in advance. Other fees and charges may be invoiced monthly in arrears. Payments are due within 14 days of the date of invoice. We may offer you different ways of paying your bills, which would be separately notified to you.
If you are late in paying an invoice, we may charge you interest, or disconnect the service. In any case, you must continue to pay for the service. In general, you must raise any billing disputes within 12 months of the relevant invoice.
We may require you to provide security in a form (such as a security bond) and amount reasonably determined by us, in relation to your obligations to us. We may require this, for example, if we are concerned about receiving payment from you.
Term and termination:
The agreement commences when we accept your application form and continues for the period set out in the application form or until terminated.
We may suspend or terminate the agreement: (a) in the event of you committing a defined abuse (which means, depending on the type of service, misuse of the service including without limitation: (i) giving an unauthorized person your account and password details; (ii) deliberately or recklessly disrupting our service; (iii) engaging in the practice known as spamming; (iv) using the service in an unlawful manner; (v) using the service to menace or harass others; (vi) using the service to obtain unauthorized access to any network; or (vii) as otherwise reasonably determined by us); (b) if the charges are not paid in accordance with the agreement or if your payment is refused or dishonoured; (c) if there is a significant change or likely significant change in your financial position; (d) if you breach any provision of the agreement; (e) if your (being a natural person) die or (being a company) are wound up or (being a partnership or association) are dissolved; or (f) if your (or any related body corporate or any associate) breaches any other agreement with us (or any related body corporate or any associate).
We may suspend the service while investigating any complaint or reasonable suspicion of illegal behaviour or defined abuse and may monitor or limit the service if permitted by law or required by direction of a competent law enforcement official or authority.
We may suspend the services in an emergency if we consider it necessary to do so to safeguard the provision of services to other customers or for any other reasonable reason.
We may immediately terminate the agreement if the agreement is suspended for a continuous period of 14 days or more.
Variations The terms of the agreement including the charges and the services are subject to change by us. We will give your not less than 30 days. written notice of any changes. In the event that the services are substantially limited by such changes, you shall be entitled to terminate the agreement by written notice to us, provided you must pay for any goods supplied or services performed up to the time of termination.
An up-to-date version of the SFOA may be obtained from us on the details below, or found at
www.planetplan.com.au
Personal information
We may make enquiries to investigate your creditworthiness including the making of enquiries of persons nominated as trade referees, your bankers or any other credit providers (the .information sources.)
and you authorise the information sources to disclose relevant information to us. We may also obtain a credit report from a credit reporting agency containing personal information for the purpose of assessment of your application or for the purpose of the collection of payments which are overdue in respect of any credit provided by us.
We may give to or obtain from another credit provider, any information derived from a report to assess an application for service, your creditworthiness and your continuing creditworthiness. Items of personal information about you and permitted to be kept on a credit information file, may be disclosed to a credit reporting agency.
You authorize us to provide personal information to our suppliers to the extent necessary to fulfil our obligations under the agreement.
We may also collect your personal information and use it for the following purposes: (a) to provide information about other goods or services which we or any of our related bodies corporate may offer; (b) to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services; (c) for purposes related to or arising out of our provision of services and credit or commercial credit, to you. You give your consent to the types of use of information described in the SFOA.
You give your consent to us sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to you.
Charges and billing
Depending on the goods and/or services we supply to you, we may charge you connection charges, recurring charges, fixed charges, usage-based charges, charges for other services provided in connection with a service, number reservation charges and other charges. In some circumstances, we may also charge you credit charges, dishonoured transaction charges, suspension, disconnection and reconnection charges. If the services are supplied for an agreed term, we may charge termination charges; in some cases this may be the charge that would otherwise be payable for the remainder of the term. For some services, the charges may vary depending the time of day or week when you use the service. We may also provide a credit, discount or rebate for some goods or services; these would be separately notified to you. The amount of our charges are as notified at the commencement of the agreement, or as may be varied by us from time to time and notified to you. You can obtain up-to-date information about our charges by contacting us on the details provided below.
Personal information
We may make enquiries to investigate your creditworthiness including the making of enquiries of persons nominated as trade referees, your bankers or any other credit providers (the .information sources.)
and you authorise the information sources to disclose relevant information to us. We may also obtain a credit report from a credit reporting agency containing personal information for the purpose of assessment of your application or for the purpose of the collection of payments which are overdue in respect of any credit provided by us.
We may give to or obtain from another credit provider, any information derived from a report to assess an application for service, your creditworthiness and your continuing creditworthiness. Items of personal information about you and permitted to be kept on a credit information file, may be disclosed to a credit reporting agency.
You authorize us to provide personal information to our suppliers to the extent necessary to fulfil our obligations under the agreement.
We may also collect your personal information and use it for the following purposes: (a) to provide information about other goods or services which we or any of our related bodies corporate may offer; (b) to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services; (c) for purposes related to or arising out of our provision of services and credit or commercial credit, to you. You give your consent to the types of use of information described in the SFOA.
You give your consent to us sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to you.
Limitations and exclusions
You acknowledge that: (a) faults related to the provision of the service may occur; (b) we do not warrant that the service will be uninterrupted or error free; (c) we shall not be liable or responsible for faults outside our control; and (d) any restoration targets which we provide to rectify faults may be subject to the performance of third parties.
We accept no responsibility for the performance of any third party which may be relevant to the provision ofthe service. You use the services and any software or equipment supplied by us at your own risk.
You acknowledge that: (a) we shall not be obliged to supply any goods or services on any terms more favourable to you than the terms on which such goods or services are supplied to us; (b) we may at any time impose on you any term, condition, warranty, limitation or exclusion which our upstream supplier imposes on us; (c) if our upstream supplier increases the price at which it supplies any necessary or relevant goods or services to us, we may immediately alter any applicable charges to reflect such increase; and (d) we may immediately suspend or terminate the agreement without any liability to you if for any reason we no longer acquire any necessary or relevant goods services from an upstream supplier.
The agreement includes terms implied by any statute which cannot be lawfully excluded, including those implied by the Trade Practices Act 1974 (Cth) and corresponding state and territory legislation. However, in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of those terms (other than section 69 of the Trade Practices Act and corresponding state and territory legislation) will be limited, at our option, to any one or more of: (a) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and (b) in the case of services, supplying the services again or payment of the cost of having the services supplied again.
Our liability is entirely excluded for any indirect or consequential loss or damage.