Legal Information for Mobile Services

 

The following information is specific to business mobile, and should be read in addition to the general legal information and critical information summaries.

 

 

The SFOA is a “standard form of agreement” under section 479 of the Telecommunications Act 1997 (Cth). The SFOA governs the supply by us and the acquisition by you of the Service, and you and we must comply with the terms and conditions contained within it.

Click here to download a copy of the MyNetFone Business Mobile SFOA.

 


 

 

Billing

Invoice Method

Invoices are only supplied in electronic format. If you provide a valid email address on your account, invoices will automatically be sent to your email address. If you do not provide a valid email address you will not be sent your invoices.


Payment options

Payment options are detail in the Critical Information Summary for your plan, please refer to this for the latest information.


If You Are Unable To Pay Your Invoice

If you are having issues paying for your service, our Financial Hardship Policy may apply to you. You can view our policy on our website at https://business.mynetfone.com.au/legal/financial-hardship-policy


Refunds

You can request a refund if you have:

  • Overpaid your account;
  • Been overcharged for products/services;
  • Paid a security deposit bond which is due to be refunded;
  • Cancelled your account and have received an invoice which states that your account is in credit.

Or if your account:

Has been debited in error or you did not authorise payment from your credit card or bank account.

 

You must notify us of any refund request as soon as possible but in any event no later than 30 days after the date on which the reason for the refund request arose. Refunds will be paid to your nominated bank account.

If you request for a refund and we agree to provide it, you should be aware that your account may be overdue and debt collection procedures in line with our Terms may proceed if a payment to bring your account up to date is not provided.

 


 

 

If you wish to appoint another person to deal with MyNetFone on your behalf, please contact customer support and request an Authorised Representative Appointment Form.


Important Information

When you appoint an Authorised Representative you are giving the person you appoint the authority to deal with us on your behalf as your agent. This means that the Authorised Representative has the power to act and access information as if they were you.

This includes making complaints, changing account details or terminating a contract. You can of course specify limitations of your Authorised Representative’s rights.

Only account holders can appoint an Authorised Representative. If you wish to appoint more than one Authorised Representative, please complete one Authorised Representative Appointment Form for each person you wish to appoint. You can appoint up to three Authorised Representatives.

For security reasons we require you to submit the completed Authorised Representative Appointment Form to us as a signed original and witnessed by one of the following persons below:

  • A Justice of the Peace;
  • An Accountant who is a member of the Australian Institute of Chartered Accountants, CPA Australia or the National Institute of Accountants with 2 or more years of continuous membership;
  • A Solicitor or Barrister;
  • A Police Officer;
  • An agent in charge of, or a permanent employee (with 2 or more years of continuous service) of an Australia Post outlet;
  • An officer with, or authorised representative of, a holder of an Australian Financial Services Licence, having 2 or more continuous years of service with one or more licensees;
  • A Dentist;
  • A Pharmacist;
  • A Medical Practitioner; or
  • A Chiropractor or a Physiotherapist.

Please contact us on 1300 733 995 if this proves too difficult or inconvenient for you, and we will work with you to find an alternative way of appointing an Authorised Representative.

 


 

 

Privacy Policy

MyNetFone reserves the right to change this Privacy Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will apply between us whether or not we have given you specific notice of any change. We encourage you to review this Policy periodically because it may change from time to time.

This is our Privacy Policy which sets out how MyNetFone manages personal information. This only applies to personal information that identifies you or could reasonably identify you. It does not apply to ‘de-identified’ or ‘anonymised’ information where the individual cannot be identified from the information.

 

Collection

We only collect personal information which is reasonably necessary for our functions or activities or which is directly related to them. Typically this information includes your name, date of birth, drivers licence number, Medicare number or passport number, address, contact details, account information, payment and financial information and your customer feedback. Usually there is no need for us to know any of your sensitive information (such as about your race, politics, religious or philosophical beliefs, or health) and we would only collect it if you consent or if the collection is required or authorised by law or court order or in other limited circumstances which the law permits.

Our primary purpose for collecting and holding personal information from our customers is so we can supply our products and services to you, or other purpose we disclose to you at the time we collect the information.

Related purposes (‘secondary purposes’) include to assess your orders and perform credit checks, for billing, credit and account management, for product, process and system improvement and development, to obtain customer feedback and to inform you about our products and promotions, and to comply with our legal obligations.

Usually we collect personal information about you directly from you or your authorised representative, for example when you order a product or service from us, submit a credit application, contact us with an inquiry or complaint, pay a bill or complete a customer survey.

We may collect personal information from our related group companies, affiliates and Authorised Agents. We may also collect personal information from someone else for example credit related information from a third party agency. We also collect some information when you use our websites (see the Marketing section below). If we ask you to tell us personal information and you choose not to, we may not be able to provide our services to you, or answer your inquiries.

 

Use and Disclosure

We only use or disclose personal information as set out in our Privacy Policy.

We use or disclose personal information for the primary purpose of supplying our products and services to you.

We also use or disclose it for a secondary purpose as outlined above if you consent, or you would reasonably expect us to use or disclose it for that purpose.

We may use or disclose personal information if required or authorised by law, if necessary in relation to a suspected unlawful activity or serious misconduct related to our functions or activities or if reasonably necessary for enforcement related activities of an enforcement body or to assist in locating a missing person. For example we may disclose personal information to law enforcement bodies and to others if required or authorised by warrant or court order or other legal obligation. We must also disclose certain information to the Integrated Public Number Database (IPND) for emergency services and other lawful purposes.

We may use or disclose personal information if necessary to lessen or prevent a serious threat to life, health or safety and it is unreasonable or impracticable to obtain consent.

We may use or disclose personal information if reasonably necessary to establish, exercise or defend a claim or for the purposes of confidential alternative dispute resolution.

We will also disclose personal information to the white pages and yellow pages agencies for directory listings if you request.

Typically we disclose personal information to our related group companies. We may also disclose it to our third party service providers and suppliers if required for the purposes set out in this policy. For example, we may disclose personal information to other suppliers who help us deliver the services to you, to identity check, debt collection and credit reporting agencies, and to outsourced customer support providers.

 

Disclosing data overseas

Under our current operations, we may disclose personal information to overseas providers, to assist with supply of our products and services to you or for the secondary purposes described in this policy. Typically in these situations, the personal information remains stored on databases here in Australia and the overseas provider can only view limited information on screen.


Marketing

We may also use or disclose your personal information for direct marketing. Typically our direct marketing is by email, telling you about our services and special offers. An opt out link is provided in any marketing emails you receive from us.

 

Data Quality

We take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete, and that the information we use or disclose (having regard to the purpose of the use or disclosure) is accurate, up to date, complete and relevant.


Data Security

We take reasonable steps to protect personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure.

We take reasonable steps to destroy or de-identify personal information if we no longer need the information for any permitted purpose or if we are not required by law to retain the information.

 

Access, Correction and Complaints

You can ask to access personal information we hold about you, and you can ask us to correct it if there are errors.

To lodge a complaint about a breach of the Australian Privacy Principles, contact us as detailed below.


How to Contact us

To seek access or correction of personal information we hold about you, to lodge a complaint about a breach of our privacy obligations, or for further information about our Privacy Policy, contact our Customer Service team on 1300 733 995.

 


 

 

By accessing or using this website you agree to these terms of use, as varied from time to time by MyNetFone (we, our, us).

 

We and our related companies own or license all of the copyright and other intellectual property rights in this website and its content. Our rights are protected by laws in Australia and internationally.

You may print or save parts of this website for your personal use provided you include a notice on each copy to show it is our © copyright, and you don’t alter the content or the way any of it appears.

You must not publish any part of this website in any kind of media, and must not copy or distribute any of it for any commercial purpose, without our prior written consent. Unauthorised copying, publication or distribution of part or all of the content of this website is prohibited.


The trademarks on our websites are protected by law. They include: MyNetFone. You must not use any of our trade marks without our prior written consent.


We are not responsible for any error or omission on this website and reserve the right to make changes without notice.


If this website provides a link to a website owned or operated by someone else, we don’t control those websites or endorse the content on them. You access and use those websites, their content, and the products and services advertised on them at your own risk.

You are welcome to place a link to this website provided your website does not seek to damage our reputation, or falsely represent a relationship with us which you don’t have. For example, your website must not represent or imply that you are affiliated with us or authorised to sell our services unless you are an authorised channel partner or affiliate partner for those services. You must remove the link to this website if we ask you.


We aim to keep the information on this website up to date and accurate but we don’t guarantee that it always is. Also, please keep in mind that much of the information is given as general guidance only and may not apply to your situation.

 


 

 

We offer various spend management tools that you can use to help you monitor your spend and prevent bill shock. All of our spend management tools are free.

 

View Your Usage Online

You can login to your online portal at any time and view a breakdown of your usage and charges. Your usage report is updated daily with the previous day’s data.

The usage shown relies on data that is not always reported in real time. Where there is a time delay, fast usage cannot always be caught.

You should also bear in mind that usage made whilst roaming (outside of Australia) and charges that are billed by third party and/or premium rated services can sometimes be considerably delayed. We rely on receiving the information from third parties, and therefore this tool is not suitable for monitoring usage of these types of services.

 

Usage notifications

Depending on the plan you have selected, you may receive usage notifications to keep you informed about how much of your plans included allowance you have used. These SMS messages only apply to plans that have a fixed allowance of inclusion, for example, 1GB of data included.

These SMS notifications will be sent when you have used 50%, 85% and 100% of your included allowance.
Please note that these SMS notifications can be delayed up to 48 hours and do not always catch high usage quickly; for example, you could trigger your 50%, 85% and 100% usage notifications in 1 large data session and they would all be sent at the same time.

 

Restriction of Services

If you wish, you can restrict your services to prevent specific call types from being made for example premium/ international calls. This is not a tool that can be turned on and off at regular intervals, you cannot request to change your access more than once per month.

 

Mobile roaming

Your mobile services cannot be used overseas.


Estimate your data usage

The points below may be of assistance to gain a better understanding of how much data you are using. This may help you choose the right service and avoid unexpectedly high bills.

  • Email (text only) = 30 - 50KB
  • Email (with attachment) = 350KB - 4MB
  • Web browsing = 1MB per website
  • Streaming (video) = 7MB/min (3G) or 30MB/min (4G)
  • Streaming (music) = 1MB
  • Downloading a song = 6MB
  • Downloading an app = 30 - 100MB
  • Uploading a photo = 4MB
  • Making a video call with an app = 8MB/min (3G) or 24MB/min (4G)

 

Please note that actual usage will depend on the device used, the technology used (3G, 4G) and other factors. The above figures are based on averages and provides estimates only.


 

 

Application of this policy

This Policy applies to all End Users who use the mobile network supplied by MyNetFone.

 

Use Only For Lawful Purposes

The network, including the network of any service provider from whom MyNetFone acquires a service for the purpose of resale, and including the web sites operated by MyNetFone may be used only for lawful purposes. Users may not use the network in order to transmit, distribute or store material:

a) in violation of any applicable law;

b) in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;

c) that is obscene, threatening, abusive or hateful; or

d) that contains a virus, worm, Trojan, or other harmful software or component.

 

No Spam

Users are prohibited from using the network to accept, transmit or distribute unsolicited bulk data, commonly known as spam (which includes, without limitation, email, SMS messages, MMS messages, bulletin boards, messages to communities or groups or web sites, software and files).

The only circumstances in which the network may be used to send bulk data of an advertising or promotional nature is in accordance with any applicable laws relating to spam and the sending of bulk data and where the bulk data is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive such data from the sender from time to time (for example by giving their consent by filling in information to that effect on the sender's web site).

The sender must also provide an unsubscribe function on their web site (and make this function known to recipients in the relevant data as sent) which allows those recipients to elect not to receive further bulk data. Unless these requirements are met, Users must not send bulk data on the network.

 

Other Prohibited Uses

The following activities are also prohibited uses of the network:

a) Sending data, or causing data to be sent, to or through the network that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing;

b) Receiving or collecting responses from unsolicited bulk data (spam), whether the original was sent via the network or not, or hosting a web site to which recipients of unsolicited bulk data are directed;

c) Relaying data from a third party's mail server without permission or which employs similar techniques to hide or obscure the source of the data;

d) Collecting or harvesting screen names or email addresses of others for the purpose of sending unsolicited emails or for exchange;

e) Sending large or numerous amounts of data for the purpose of disrupting another's computer or account;

f) Sending data that may damage or affect the performance of the recipient's equipment;

g) Persistently sending data without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any person;

h) Sending mass messages (including for the purpose of advertising), other than within communities, groups or web sites that specifically encourage or permit advertising; and

i) Sending binary files (rather than text files), other than within communities, groups or web sites that specifically encourage or permit this.

j) not promote or market or otherwise encourage the use of the Mobile Services for M2M Use or to facilitate voice calls over the IP protocol (VOIP) or for sending or receiving SMS over an IP network

 

System And Network Security

Users are prohibited from violating or attempting to violate the security of the network, including, without limitation:

a) accessing material not intended to be accessed by the User or logging into a server or account which the User is not authorised to access;

b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

c) attempting to interfere with, disrupt or disable services to any other User, host or network, including, without limitation, via means of overloading, flooding, mail bombing or crashing;

d) forging any TCP/IP packet header or any part of the header information in any email or any community, group or web site posting; and

e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability for the User. MyNetFone and/or our Network Operator will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

Viruses, Worms, Trojans And Denial Of Service Attacks

It is important to protect networks and devices on them against higher level malicious programs (such as viruses, worms and Trojans) and lower level Denial of Service (DoS) attacks that can be distributed or propagated via the Internet, including email.

All wholesale customers must ensure that they have in place appropriate protection for their systems, networks and devices to reduce the risk of transmission of such computer programs, and reduce the likelihood of such attacks originating, from their networks, systems and devices through the network. Such protection methods may include firewalls, an appropriate policy regarding email attachments and the most up to date virus scanning software.

 

Suspension Or Termination

MyNetFone may suspend or terminate any User’s service if we determine, that the User has violated any element of this policy.

We may give notice to a User warning that the User’s use of a service is in violation of this policy and that their service will be suspended or terminated. If the User does not rectify their use of a service, we will suspend or terminate the User’s service.

We may also immediately suspend or terminate a User’s service without notice or warning if we determine, at our sole and absolute discretion, that the User has violated any element of this policy.

We may also suspend or terminate a service if required by any applicable law. MyNetFone may seek written assurances from Users that they will cease using a service in a way that violates this policy. MyNetFone is not liable for any damages of any nature whatsoever suffered by any end user, or any third person resulting in whole or in part from MyNetFone’s exercise of its rights under this policy.

If required by applicable law, MyNetFone may suspend or terminate a service immediately and without notice. Monitoring MyNetFone has no obligation to monitor the network, but reserves the right to do so, including as required by applicable law, and to remove any material on, or block any data transmitted over, the network in its sole discretion.

MyNetFone takes no responsibility for any material input by third persons and not hosted on or transmitted over the network by MyNetFone itself. MyNetFone is not responsible for the content of any web sites hosted on or accessible using the network other than its own web sites.

 

Site Blocking

MyNetFone may block access to Internet sites or Internet access where required to do so by applicable laws.

 


 

 

MyNetFone reserves the right to change this Financial Hardship Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will apply between us whether or not we have given you specific notice of any change. We encourage you to review this Policy periodically because it may change from time to time.


What Is Financial Hardship?

The Telecommunications Consumer Protections Code C628:2015 defines Financial Hardship as a situation where a customer is unable to discharge of the financial obligations in relation to our services but where the customer expects to be able to do so over time if payment arrangements are changed.

The objective of our Financial Hardship Policy is to give you assistance and to change your payment and/or service arrangements so that your payment obligations to us can be met.

 

Get In Touch

If you need to request a payment plan because you are suffering from Financial Hardship, we encourage you to contact us immediately.

Phone: 1300 731 048, Option 3 (ask to speak to a financial hardship expert)

Fax: +61 2 8008 8008

Email: Use the general contact form on our website

PO Box: PO BOX K1167, HAYMARKET NSW 1240


Your claim will be assessed and we will discuss your payment and service options with you and aim to reach a reasonable outcome. Possible solutions may be to apply credit limits, service restrictions or payment plans to assist you in meeting your financial obligations.

In addition to contacting us, we urge you to engage the assistance of a financial counsellor.


The process

When assessing your eligibility for financial hardship, we may ask you to provide certain documents such as:

  • A statutory declaration or official written communication from a person or support group that is familiar with your circumstances.
  • Evidence that you consulted a recognised financial counsellor.
  • A statement of your financial position.

We may not be able to make an assessment of your circumstances if you do not provide the requested information. Once all the required information has been received, we will let you know within 7 working days whether you are eligible for assistance under our Financial Hardship Policy.

If you are eligible, we will work with you to come to an arrangement that allows you to pay your outstanding charges in a way that does not worsen your financial position. Where appropriate we will discuss means with you how to limit your spend (this may include barring some service features) during the time of our arrangement and thereafter.
Once we come to an agreement we will put this in writing via letter or email to you. You must inform us or our if your circumstances change (for better or for worse) during our arrangement.

We will not charge you for assessing your Financial Hardship circumstances or for administering the matter.


Finding A Financial Counsellor

You can talk to a phone financial counsellor from anywhere in Australia by ringing 1800 007 007 (minimum opening hours are 9.30 am – 4.30 pm Monday to Friday). This number will automatically switch through to the service in the State or Territory closest to you.


Alternatively, you can find the financial counselling service nearest to you by visiting Financial Counselling Australia

 


 

 

MyNetFone reserves the right to change this Complaints Handling Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will apply between us whether or not we have given you specific notice of any change. We encourage you to review this Policy periodically because it may change from time to time.


Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2015 (TCP Code) and responsibility for compliance with the process lies with our Chief Executive Officer.


Complaints

If you have a complaint we encourage you to contact us immediately so that we can resolve this for you. You are entitled to make a complaint even if you are no longer a customer.

We strive to solve any problems you may have during your first contact with us, however we understand that from time to time, you may not be satisfied with the service you receive from us.

We recognise the right of any person covered by this policy to raise an issue or make a complaint and we are committed at all levels of the organisation to their efficient, impartial and courteous resolution.


How to make a complaint

If you wish to complain, please contact us:

Email: Enquire online via our support page

Phone: 1300 733 995 (or 181 from your MyNetFone service)

Mail: L3, 580 George Street, Sydney NSW Australia 2000

 

If you call us from your MyNetFone service, the call will be free. Calls from any other phone will be charged by your provider.

  • We will help you formulating, lodging and progressing your complaint if you request this.

You can appoint an authorised representative or advocate to make a complaint on your behalf. For help with how to appoint an authorised representative, please refer to our website, or give us a call to find out more.


Charging for complaints

We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first.

We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge as per our Standard Form Customer Contract or our Critical Information Summary.

If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution, e.g. the Telecommunications Industry Ombudsman (TIO).

 

Resolving your complaint

The process for resolving your complaint, including timeframes we aim to adhere to are outlined below.


Acknowledging your complaint

We will acknowledge your complaint immediately if you complained to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a voice message (e.g. outside our office hours).

When we acknowledge your complaint we will give you a unique reference number or similar to enable you to easily follow up on your complaint. We will also give you an indicative timeframe for resolving your complaint. You can follow up on your complaint by calling [number] or by sending us an e-Support (or responding to an open one), please mention your reference number when you contact us.


Solving your complaint

Our aim is to always solve your problem during your first contact with us.

Sometimes this is not possible and we need to investigate the matter further. We will then agree with you on how to fix your problem (this may include waiving of fees) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this.

Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe.

If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution such as the TIO.

Once we agree on how to solve your problem, we will implement all actions required to fix the issue within 10 working days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.


Urgent complaints

Your complaint will be treated as urgent if any of the following apply:

  • You have applied for being in financial hardship under our Financial Hardship Policy and the issue you are complaining about directly contributes to the Financial Hardship you are experiencing, or
  • Your service has been disconnected or is about to be disconnected and due process has not been followed.

In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.


Further steps

If you tell us that you are not satisfied with the complaint timeframes, its progress or the outcome or if you tell us your complaint ought to be treated as urgent, we will escalate your complaint internally. If you are still dissatisfied, we will inform you about your options for external dispute resolution such as the TIO.

We will never cancel your service only because you have contacted an external dispute resolution scheme.

 

Telecommunications Industry Ombudsman (TIO)

We encourage you to always contact us first if you experience any problem or are unhappy. The TIO may be able to assist with your complaint, but they may require that you first attempt to resolve it directly with us.

You can contact the TIO as follows:

Phone: 1 800 062 058

Fax: 1 800 630 614

Lodge a complaint via TIO website 

The services of the TIO are free of charge.