EzySim Customer Terms
EzySim Prepaid Mobile Services Standard Form of Agreement
Standard Form Of Agreement – General Terms
EzySim Prepaid Mobile Services Standard Form Of Agreement
1.1 Never say no Pty Ltd trading as EzySim (ABN 44 626 091 094) will provide You with the Services in accordance with the terms and conditions of this Standard Form of Agreement (“Agreement”) and any documents validly incorporated by reference.
1.2 The Agreement commences when You purchase and are provided with a EzySim pre-paid product.
1.3 To the extent permitted by applicable Laws, EzySim may vary its Services or its charges or add new Services from time to time without notice to You. This will be in circumstances for example, where the variation is beneficial to You, or does not interfere with Your enjoyment of the Service. For all other variations, we will give You at least 14 days’ notice in writing (normally by e-mail) before we vary the Agreement. The Agreement, as amended from time to time, will be available on the Website at www.ezysim.com.au
1.4 By purchasing the Service, You agree to comply with the terms of the Agreement, the latest version of which can be found on the Website at www.ezysim.com.au
The Services
2.1 Services Descriptions
The Services Descriptions form part of the Agreement and provides a detailed description of the Services that we offer specific to the plan You have nominated. Please refer to the relevant Services Description set out on the Website at www.ezysim.com.au for more information about Your applicable plan.
2.2 Accessing the Services
2.2.1 To obtain the Service, You will need to apply for a Ezysim eSim or SIM Pack. No mobile phone is provided with the Ezysim SIM pack.
2.2.2 You acknowledge and agree that Ezysim will subject the information that You submit on Your order to a verification check.
2.2.3 If purchasing via Our Website and Your order is accepted, Your EzySim pre-paid SIM Pack or Starter Pack will be dispatched to You. Your order will be delivered to the delivery address or email You specify in the order.
2.2.4 Once You have received Your SIM Pack or Starter Pack, You will need to register the Service and select any optional Service features, if applicable.
2.2.5 You may only Port Your existing MSN when You first activate Your SIM card via the Website.
2.2.6 The SIM card is ready to use once You have successfully activated the Service via the Website or Ezysim app.
2.2.7 You may only Recharge/Top up by following the processes outlined in the applicable Services Description.
2.3 Additional services/features offered
Please note that not all mobile phones support all additional services and it is Your responsibility to check which additional services are available on Your mobile phone.
2.3.1 SMS
A standard text message is 160 characters long, but some mobile phones permit You to send longer ones. In that case, the message will be divided up into the number of texts required to convey the message. Each one of these will be charged at the standard rate in accordance with Your nominated plan. Receiving text messages from another mobile phone whilst in Australia is free. Additional charges may apply to sending text messages to a non-Australian based phone, long text messages, and text messages which are reversed charged as these are not included in standard rates.
The cost for sending a text message is deducted from Your recharge credit shortly after it has been sent. Delivery of text messages is not guaranteed.
2.3.2 MMS
Using EzySim MMS, subject to Your mobile phone capacity, You can send long text messages, picture messages and video messages. You.
If a message contains multiple media items, You will be charged for the most expensive item in the message. For example, for a message containing a picture and a video clip, You will be charged the video message price.
Premium rate and reverse charge messages are not included in the standard rate so additional charges may apply. Please note that not all mobile phones can send and receive MMS.
2.3.3 Voicemail
All incoming voice calls which are not answered or which are received when Your mobile phone is busy, switched off or out of the coverage area will be automatically diverted to the EzySim voicemail service. To alter this functionality, call 121 from Your EzySim mobile and follow the remaining prompts.
2.4 Use of Services
2.4.1 In using the Services, You must:
comply with all Laws, all directions of a regulator and reasonable directions of EzySim, and in relation to the investigation of any offences;
give Us all information and cooperation that We may reasonably require to provide the Services to You;
comply with standards, content requirements or codes issued by any relevant authority or industry body; and
comply with the terms and conditions of this Agreement.
2.4.2 You must not use, attempt to use, or permit the use of the Services:
in contravention of any applicable Law or to infringe another person’s rights;
to expose EzySim to liability; in any way which damages, interferes with or Interrupts the Services, the use of the Services by other customers of Suppliers, or interferes with any telecommunications network, equipment, or facilities, or cabling controlled by a Supplier to supply the Services;
for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorised, defamatory, tortious, offensive or fraudulent purpose or to cause any injury, offence or annoyance to any person or property, or to send unsolicited commercial messages to any person;
to gain or permit or allow actively or inactively to permit any third party to attempt to gain, unauthorised access to the Services or to use the Services to access the internet;
to commercially exploit the Services to the detriment of EzySim or any third party, including, but not limited to, reselling the Services. Reselling may only occur upon the prior written consent of EzySim which may be withheld for any reason; or to be resold or resupplied to any person.
2.4.3 EzySim may ask You to stop doing something which EzySim reasonably believes to be contrary to clause 2.4.2. You must immediately comply with any such request. In the event You do not comply, EzySim may take all reasonable steps necessary to ensure compliance with clause 2.4.2, including suspending or disconnecting Your use of the Service.
2.4.4 You acknowledge that EzySim may be required by law to intercept communications over the Service and may also monitor Your usage of the Service.
2.4.5 Usage of the Services and EzySim SIM card is limited to fair and reasonable usage in accordance with the EzySim Fair Use Policy at www.EzySim.com.au/fair_use_policy.
2.4.6 You are wholly responsible for the security and use of Your mobile phone and SIM card and indemnify EzySim against all claims which may arise through Your use of the Services. This includes the use of Services such as SMS, MMS and other additional services offered by EzySim for use on Your mobile phone.
Termination of the Agreement
3.1 Either EzySim or You shall be entitled to terminate the Agreement at any time by giving at least 30 days’ written notice to the other. Subject to an administrative fee, EzySim may provide a refund of any remaining Call Credits for Your Services where EzySim terminates the Agreement if You request such a refund in writing during such notice period addressed to EzySim Customer Care, Level 49, 8 Parramatta Sq, Parramatta NSW 2150. No refund will be available for any Call Credits where You are in breach or have breached the Agreement, or where the Agreement has been terminated by You.
3.2 EzySim shall be entitled to terminate the Agreement immediately:
3.2.1 if You are in breach of Your obligations under the Agreement;
3.2.2 if We have a reasonable basis to suspect that You are involved in fraud and/or gross negligence;
3.2.3 where We are required to do so by law and/or directed to do so by a relevant authority; or
3.2.4 in the case of an emergency.
3.3 Where You do not recharge for a continuous period of 120 days following Your activation (for SIM’s with preloaded credit) or last recharge of the services; or 60 days following activation of SIM’s with preloaded plans the Agreement will terminate automatically and shall be deemed to be terminated by You.
3.4 If You are an individual, in the event of Your death, EzySim reserves the right to terminate the Agreement without notice as soon as EzySim becomes aware of Your death. Your estate must pay all outstanding charges under the Agreement.
3.5 Termination is without prejudice to the rights and obligations of the parties which have accrued prior to termination.
4 Suspension and Disconnection
4.1 Suspension or Disconnection from the Services
4.1.1 In addition to Our rights under the terms of the Agreement, We may suspend or disconnect the Services in whole or in part at any time without notice or liability where:
We are required to do so by law; a relevant agency or authority such as the ACMA directs Us to do so;
You fail to comply with one or more of the terms and conditions of the Agreement until the breach (if capable of remedy) is remedied;
there is any technical failure, modification, upgrading, maintenance of the Network or other valid reason (but in that event all reasonable efforts shall be made to minimise such Service disruptions and We will procure resumption of the Services as soon as reasonably practicable);
You do, or allow to be done, anything which in Our reasonable opinion may have the effect of jeopardising the operation or quality of the Services or causes interference with the Network;
We believe that You have used the Services to commit unauthorised, criminal or unlawful activities;
You inform Us that You have lost or damaged Your SIM card;
it is reasonably required in the event of an Emergency;
We suspect on reasonable grounds that Our record of information about You contains incorrect information; or
You do not provide us with the required information under the Agreement.
4.1.2 EzySim may investigate any complaint made, whether by or against You and reserves the right to suspend the Services if a complaint has been made against You pending the results of the investigation of the complaint.
4.1.3 A service which has been suspended is not able to undertake any of the Services, including receiving, making or sending any calls, SMS or MMS other than making calls to Emergency Services or to the EzySim Customer Care.
4.2 Permanent Disconnection from the Services
4.2.1 EzySim may permanently disconnect Your access to the Service from the Network where:
the Agreement is terminated pursuant to clause 3.3; the facilities of EzySim and the EzySim Network are put at risk; You fail to use the Services in accordance with clause 2.4; You do anything which EzySim believes may damage the Network;
a regulator or relevant authority requires EzySim to do so;
You have not done what You have promised EzySim You would do, even after EzySim has given You seven extra days to do so;
EzySim believes that You have used the Services to commit unauthorised, criminal or unlawful activities;
EzySim has an incomplete record of information about You, and You fail to promptly provide Us with the relevant details upon Our request;
it is reasonably necessary to enforce the criminal laws or laws imposing pecuniary penalties, protect the public revenue or safeguard national security;
a criminal law enforcement agency requests EzySim to disconnect You because it has a suspicion on reasonable grounds that You have used, or are likely to use, the Services to engage in criminal conduct; or
EzySim believes on reasonable grounds that the use of Your mobile phone or equipment infringes the Intellectual Property Rights of any third party.
4.2.2 When disconnected from the Network:
You lose the right to use Your MSN and EzySim is unable to return it to You;
You must immediately return the SIM card to EzySim; and
The Agreement terminates immediately and You forfeit any remaining Call Credits or use of service.
4.2.3 EzySim reserves the right to charge You the SIM card replacement fee for SIM cards not returned within 7 days of cancellation.
4.2.4 Without limiting any other rights EzySim may have under the Agreement, EzySim may cancel the Services by at least 30 days’ notice published online.
Network Information
5.1 Quality of Service
5.1.1 The Services are not available in all areas of Australia. The quality and the availability of the Services are subject to certain limitations, including, the proximity of base stations and circumstances beyond EzySim’s control. These circumstances include geographic and atmospheric conditions, and the functional capability of the mobile phone used in connection with the Services.
5.1.2 The Services might also be adversely affected by other circumstances beyond EzySim’s control, including, but not limited to, the following:
Your level of use of the Service;
too many people trying to use the Network at the same time; adverse weather conditions; and
Your location, physical features (such as buildings and underpasses) and by atmospheric conditions or other causes of interference.
5.1.3 Within a Service area, it is technically impracticable to guarantee and EzySim does not guarantee that the Services are available in each place within that area, or that ‘drop-outs’ will not occur in the course of a call or that capacity is available at all times or that the Service is free of faults or error. Similarly, EzySim does not guarantee that all traffic can or will be transmitted by the Network or that there will be absolute protection of the Network against unauthorised access or interception.
5.1.4 You acknowledge that You are responsible for inquiring whether Network coverage is available in areas in which You ordinarily require the Service prior to the purchase of the Service.
5.1.5 You also acknowledge that the Services may not be available from time to time as a result of circumstances beyond EzySim’s control, including (but not limited to) factors identified in clauses 5.1.1 and 5.1.2.
5.1.6 EzySim does not warrant that the Services will be free of blockages, delays, Network failure, congestion, interferences or faults of any kind. EzySim will not be responsible for any loss or damage that may arise as a result.
5.2 Fault Reporting and Rectification
5.2.1 As soon as You become aware of any fault in the Services, You must report that fault to EzySim by Our Customer Care e-mailing us at care@EzySim.com.au. Before reporting a fault to EzySim, You must take all reasonable steps to ensure that the fault was not a fault in Your mobile phone or equipment and that You are using the Service and equipment correctly.
5.2.2 You must provide all necessary assistance to enable location and rectification of any fault regardless of whether that fault is the responsibility of EzySim or another Supplier.
5.2.3 EzySim is not responsible for any fault that is in the equipment within the Network and will notify the Supplier of the fault and request its verification.
SIM Cards
6.1 The SIM card remains the property of EzySim at all times unless it is assigned, distributed, sold or otherwise transferred by EzySim to distributors and/or retailers of EzySim’s Services. You must take all reasonable care to keep the SIM card safe and in good condition and must notify us immediately if it is lost, stolen or damaged.
6.2 You will be liable for the charges incurred through the use of the Service supplied in relation to Your SIM card. This includes the charges incurred through the use of the Services where Your SIM card has been lost, stolen or damaged (whether activated or not) prior to EzySim being notified of the loss or theft.
6.3 You must return the SIM card within a reasonable time when requested by us if we issue You with a replacement SIM card or we no longer supply the Service to You. We may charge You a replacement fee if You do not return the SIM card upon our request, at the rate shown in the Standard Rate Table.
6.4 A SIM card replacement fee is applicable if You have lost or You have damaged Your SIM card at the rate shown in the Standard Rate Table.
6.5 EzySim will replace or, where applicable. refund a faulty SIM card free of charge in accordance with its obligations under the Competition and Consumer Act 2010 (Cth). Return the faulty SIM card to:
EzySim Customer Care, Level 49, 8 Parramatta Sq, Parramatta NSW 2150.
6.6 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
6.7 SIM cards may be available for purchase from time to time on the EzySim Website. If the SIM card is available for purchase online and You decide You do not want Your EzySim SIM card after You have bought it online from www.EzySim.com.au, You must return it to us within 7 business days at Your own cost. It must not be activated, not used to make or receive calls or send or receive messages or data and is still attached to the original SIM card holder.
6.8 Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.
6.9 Subject to any applicable Laws, EzySim has the right to refuse the provision of subsequent SIM cards to You, once You apply to receive, or currently have registered in Your name or an associate’s name, 3 or more EzySim SIM cards.
6.10 EzySim is not under any circumstances liable for any SIM card or any other goods which are lost in the post. You are advised to send returned goods to:
EzySim Customer Care, L49, 8 Parramatta Sq, Parramatta NSW 2150.
7 Mobile Phones
7.1 Mobile Phones
7.1.1 EzySim may offer for sale mobile phones to be used in connection with the Services.
7.1.2 You are responsible for the maintenance of Your mobile phone. If Your phone interferes with the Services, if requested by EzySim, You must:
provide Your mobile phone to EzySim to inspect; and/or
cease using that mobile phone until the problem has been corrected.
7.1.3 EzySim will have no liability to You in relation to Your mobile phone, or Your use of the Phone in connection with the Services.
7.1.4 If You supply Your own mobile phone, You acknowledge that EzySim makes no warranty as to the suitability of the mobile phone for use in connection with the Services or individual service features.
7.1.5 If You supply Your own mobile phone, EzySim at any time may request You to provide proof of ownership of Your mobile phone to protect consumers from illegal trade in mobile phones. You must provide that proof within 5 business days of EzySim’s request. If You fail to provide proof of ownership within 5 business days, EzySim may suspend Your Service until such evidence is provided.
7.2 Equipment Delivery and Returns
7.2.1 If You have purchased a EzySim mobile phone, You may return at Your own cost the mobile phone to the same point of purchase within 14 days of receipt in order to receive a full refund of the amount You paid for the phone.
7.2.2 A full refund will only be available if the EzySim mobile phone is undamaged, in good working order, and the original packaging is present including all accessories and the SIM card. All additional services, free or discounted products, vouchers, coupons or any gift or inducement of any type received as a result of purchasing the mobile phone must be returned. EzySim reserves the right to reject returns if any content is missing, or the mobile phone, SIM card or other accessories are damaged or marked, or are considered to be in poor condition.
7.2.3 You are responsible for the SIM card, mobile phone and other goods until they are received by us. EzySim is not under any circumstances liable for any SIM card, mobile phone or any other goods which are lost in the post.
7.2.4 If Your EzySim mobile phone, SIM card or accessories develop a fault or need repair as a result of them being defective within 6 months of the original purchase date, please contact handsets.oz@EzySim.com who will help or arrange for Your mobile phone or accessories to be repaired or replaced under the terms of the manufacturer’s warranty.
7.2.5 If the manufacturer’s warranty, as set out in the warranty information which accompanies the mobile phone, has an extended warranty beyond this 6 month period, please contact the manufacturer under the terms of their warranty during this extended period.
7.2.6 EzySim reserves the right to repair Your mobile phone or accessories or to replace them with a new or reconditioned mobile phone or accessories of the same manufacturer and model. Where the model has been discontinued or EzySim is unable to source it, we may replace it with a model with substantially the same features and functionality. Please note that it may take between 14 to 28 days (or on occasion longer) for EzySim to do this.
7.2.7 All products returned to You will be subject to a per unit delivery charge (see the Standard Rate Table such charge may be amended from time to time by EzySim). EzySim reserves the right to charge an administration fee (see the Standard Rate Table) for any items that are returned as faulty under the warranty that prove not to be faulty.
7.2.8 For mobile phones and other goods bought online from www.EzySim.com.au, a refund will only be available if the unused phone and goods are returned to us within 7 business days of delivery at Your own cost. The unused phone and other goods must be returned in their original packaging. No refund will be available if:
We do not receive the mobile phone and other goods by the required date;
the mobile phone and/or other goods have been used; or
We do not receive all the accessories that we sent to You.
7.2.9 When ordering a Starter Pack, We recommend Your order be delivered to a business address or an Australian post office.
7.2.10 we are not able to deliver packages to universities, hospitals, colleges, building sites or other such areas.
7.2.11 when Your parcel arrives by courier, You will be required to show some proof of identity and sign for the delivery.
7.2.12 Where You have ordered equipment from Us, You can cancel Your order at any time before receiving delivery. Once You receive the delivery, it cannot be returned.
7.2.13 After We receive Your order, You may not change the name of the person accepting delivery or the delivery address. We may exercise Our discretion with respect to this clause if You can satisfy Us that You have reasonable grounds to request the changes
7.2.14 In the event of delivery failure, We will reorder and resend the goods to You. This process will require further 3 to 5 working days to reach You. We may require You to complete a declaration of loss form or sign a statutory declaration where a delivery failure is challenged.
7.2.15 Our courier will deliver the order to the delivery address advised to Us. Only You can accept delivery of the goods. Valid identification will be required to accept delivery.
7.3 Mobile Service Number (MSN)
7.3.1 If You do not have a MSN for Your mobile phone for use with the Services, We will allocate You a MSN automatically with the SIM card. If You do have a MSN, You can port it from another Carrier or Carriage Service Provider (see clause 8 for further details).
7.3.2 All MSNs are selected, issued and used by Us in accordance with the ACMA’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (“Numbering Regulations”).
7.3.3 You do not own the MSN allocated to You and Your right to use the MSN ceases once Your access to the Services is cancelled for any reason unless You Port the MSN to another Supplier.
7.3.4 We may be required by the Numbering Regulations to vary, withdraw, suspend or re-assign a MSN We have allocated to You.
7.3.5 Except as set out in clause 7.3.6 below, if, for any reason, You require a new MSN, You may be obliged to pay a fee as set out in the Standard Rate Table and You will forfeit all remaining Call Credits on Your existing MSN.
7.3.6 If You require a new MSN because You have received calls of a harassing nature and You have reported the matter to the relevant law enforcement agency, We may at Our discretion issue a new MSN to You free of charge on the first two occasions. Thereafter, a fee as set out in the Standard Rate Table will be charged. In this situation, any Call Credits remaining on the original MSN will be forfeited.
7.3.7 We are not liable to You for any expenses or losses incurred by You or Your business due to:
any variation of the MSN assigned under clause 7.3.1; or cessation of Your rights of use in respect of Your MSN pursuant to clause 7.3.3.
8 Mobile Number Portability
MSN Porting from another Carrier or Carriage Service Provider to EzySim.
8.1.1 You may be able to Port a MSN You have obtained from another Supplier to us. Should You wish to do so, contact us to initiate the Port.
Once you request to port in your number to EzySim you will receive the following port validation SMS that you will need to reply to, please keep your original SIM card in your phone to allow receiving of this SMS. This ensures security of your mobile service and confirms that you requested to port in:
“We have received a request to Port #MSN#. To continue with the Port, please reply with your one-time verification code: #AUTH_CODE#.
Note: you will not be asked to provide this code over the phone. To stop the Port, please reply to this message quoting “STOP”. Or call your service provider”
A successful port may take up to 2-8 working hours. If you receive a port fail message, please contact EzySim Care.
8.1.2 If in providing the Services to You, EzySim needs to change Your arrangements with Your current Supplier, then EzySim will do so in accordance with this clause.
8.1.3 If You wish to transfer Your existing MSN to EzySim, You must notify us of Your intention to Port when ordering Your EzySim Starter Pack or SIM Pack or when You activate the SIM card.
8.1.4 Porting will take place in accordance with the Australian Communications Industry Forum industry code Mobile Number Portability ACIF C570:2009 (as amended) (“MNP Code”).
8.1.5 You acknowledge and agree that:
If Your MSN is Ported, only Your MSN is transferred to EzySim. No existing additional services with Your current Supplier will be transferred, which may result in the loss of (or the loss of access to) these services from Your current Supplier, including SMS, paging or facsimile services. However, selected services may instead be provided by EzySim upon Your application and payment of any relevant fees.
You may have an ongoing contract with Your current Supplier, which requires the payment of cancellation and/or termination fees (including any early termination fees) to that Supplier if You switch to EzySim. For the avoidance of doubt, if You Port Your MSN to Us You will lose any call credits (if any) pertaining to that MSN with Your current Supplier.
There may be outstanding contractual obligations and costs owed to Your current Supplier by You. You will remain responsible for all amounts owing to Your current Supplier of telecommunications services for any services they supply to You. To the extent that EzySim becomes liable to a third party in relation to any services supplied to You, You will indemnify Us and will keep Us indemnified against any and all such liability as well as any costs, including legal costs, We incur in connection with any such liability.
You are responsible for any charges imposed by Your current Supplier in relation to unsuccessful or rejected Port requests due to: insufficient or incorrect information provided to EzySim; concurrent competing Porting requests in relation to Your MSN; or Your termination of the services with Your current Supplier before EzySim transfers Your MSN on Your nominated Port cut over date.
Your current Supplier may or may not disconnect Your existing mobile service and additional services. Porting Your MSN may result in finalisation of Your account for those services.
EzySim will use all reasonable efforts to process Your Port requests at the time requested by You. However, We are unable to guarantee Porting will take place on or before the requested cut over date and have no liability to You for any delays in Porting. The requested cut over date should not be more than 30 days from the date of making the request to Port Your MSN.
You are responsible for ensuring that Your current handset is GSM compatible. If You are Porting from any other mobile platform, You may need a new mobile phone or You may need to have Your mobile phone unlocked.
You are responsible for ensuring that Your mobile phone does not have Network Locking applied by Your existing Supplier. If You currently have a mobile phone, You may need to get any SIM security or Network Locking removed by Your current Supplier, have Your mobile phone re-programmed prior to Porting or purchase a new mobile phone.
You may also be liable to pay to Us or Your previous Supplier charges relating to disputes or investigations by either of us arising out of transfer of the Services from another Supplier to Us. EzySim reserves the right to charge a Port in fee for Porting Your MSN to Us from another Supplier.
8.2 MSN Porting from EzySim.
8.2.1 You can Port a MSN You have obtained from Us for use with the Service to another Supplier.
8.2.2 If You Port Your MSN to another Supplier:
the provision of the Services ceases and the Agreement terminates;
You remain responsible to Us for amounts payable prior to the Port-out; and
You forfeit any remaining Call Credits.
8.2.3 You may only Port the MSN, You cannot Port any additional services.
8.2.4 You may only Port an MSN for which You are the authorised customer.
Lost or Stolen Phone and/or SIM cards
9.1 If You obtain a mobile phone that is lost or stolen, or obtain the Services or a mobile phone under false pretences, EzySim may block Your mobile phone on the Network without Your consent, even if You are not aware it is stolen.
9.2 EzySim is not responsible for any lost or stolen SIM cards. You will be responsible for the charges for all Services used by any other person using Your lost or stolen SIM card.
9.3 If Your SIM card is lost or stolen, email Us at care@EzySim.com.au to request that Your SIM card be blocked. This will prevent unauthorised calls being made and charged to Your Service.
Billing, Fees and Charges
10.1 Billing
10.1.1 EzySim will not send You any bills, invoices or statement recording calls made from the Service.
10.2 Free Calls
10.2.1 Calls to Emergency service numbers (112 or 000), and Recharge (126 101) are free if called from Your mobile phone using the Services.
10.2.2 EzySim may offer free or discounted calls on promotions from time to time, and reserves the right to cease any or all promotions at any time without notice.
10.3 Service Rates and Charges
10.3.1 Once Your SIM card is activated You will be charged for the use of the Service in accordance with the rates and charges set out in the Standard Rate Table for Your nominated plan. You can check which plan You are on by logging in to My EzySim or calling Customer Service.
10.3.2 EzySim may vary the rates and charges for the Services, including adding extra charges, from time to time, in accordance with clause 1.3. If You continue to use the Services after the entry into force of changes in prices, the new prices will be considered as accepted.
10.3.3 The Standard Rate Tables specify:
charges for outgoing calls made on the Service including local, national, mobile and other call types;
charges for data and content services (CD Services),
charges for additional services, including SMS, MMS and voicemail; and
charges for special services such as 13, 1300, 113 and 1800 services.
10.3.4 The current up-to-date binding standard rates and charges are published at all times in the Standard Rate Table for each plan. A copy of these documents can be found on the Website.
10.3.5 When You activate the SIM card on the Network, You will have available the amount of credit You have purchased. At no time can You convert into cash or redeem Call Credits as cash and You cannot apply Call Credits against any other Services held by You or anyone else with EzySim.
10.3.6 The SIM card may contain an initial credit and/or promotional credit that will be credited to Your account in accordance with the terms and conditions applicable to that offer.
10.3.7 You pre-pay for the Services by Recharging Your account with Us. You do this by purchasing Recharge vouchers, or otherwise purchasing additional Call Credits and following the procedures are set out in each Services Description.
10.3.8 Your pre-payments for Recharge vouchers or additional Call Credits otherwise purchased by You are not repayable by Us nor are interest payable on any credit You have with Us. Each time the Services are used by You (or someone else using Your mobile phone), Your Call Credits are reduced, by reference to the relevant rates and charges in the appropriate Standard Rate Table, save for those Services that are Included Services within any of EzySim’s 30 day plans.
10.3.9 The call charges for international calls are in accordance with Your nominated plan and charged per minute and will be rounded up to the next whole minute. Therefore the minimum call charge shall be for one minute at prevailing rates plus any flagfall which may be applicable.
10.3.10 The call charges for national mobile and landline calls are in accordance with Your nominated plan and charged per minute and will be rounded up to the next whole minute (save for those Services that are Included Services within any of EzySim’s 30 day plans). Therefore the minimum call charge shall be for one minute at prevailing rates plus any flagfall which may be applicable.
10.3.11 When determining the time at which a call is placed, the time used will be the local time at the mobile switching centre through which the call first passes. This will not necessarily be the local time at the place the calling party is located.
10.3.12 You will not be charged for Unsuccessful Calls.
10.3.13 Unless stated otherwise, the charges payable for the Services in the Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, You must pay an additional amount to any GST payable on the supply of the Services.
10.3.14 Except in the case of an obvious error or subject to applicable Laws, Our records determine how much Your account is Recharged and the rate of use of the Services. Subject to applicable Laws, EzySim will only refund monies where We have charged You an incorrect amount.
10.3.15 For the avoidance of doubt any physical Recharge voucher shall expire by the date stated on the voucher (if any).
10.3.16 Please be aware that purchase of the Recharge voucher or additional Call Credits via the internet or electronically is not always secure. Subject to any applicable Laws, EzySim is not liable for any loss or damage, however resulting, from Your purchase of Recharge vouchers or additional Call Credits.
10.3.17 If You owe Us any money and this is not paid when it should have been paid, We may recover this from Your Call Credits. We may charge You interest daily on the unpaid amount at the rate of 15% per annum above the 30 Day Average Bid Bank Bill Swap Reference Rate last published in the Money & Bond Markets Section of the Australian Financial Review from time to time.
10.3.18 If You require a copy of your usage history, You can access up to six months of usage through My EzySim. Alternatively, You can contact the call centre for assistance. If You request that we provide You with a transcript of Your usage history, the following fees will apply: $5 for an active account and $50 for a terminated account. We can only provide a transcript of Your usage history for a period of up to 12 months as we do not keep records after twelve months.
Bundles and Promotional Offers
Please see the EzySim Website https://ezysim.com.au/offers-terms/ for the most up to date bundle and promotional offers (if any).
Privacy Issues
12.1 Personal Information
12.1.1 EzySim may collect, use, store and disclose Personal Information about You in compliance with relevant legislation and in accordance with the EzySim Privacy Policy at https://ezysim.com.au/privacy-policy/
12.1.2 You acknowledge and agree that, by providing Your Personal Information to us and/or by using the Services, You confirm that You have read and understood and agree to adhere with the terms of the EzySim Privacy Policy.
12.2 Identification
12.2.1 You acknowledge that EzySim and other suppliers of pre-paid GSM services are required under applicable Laws to ask customers for evidence of their identity and that:
EzySim can refuse to supply You the Services if the required evidence is not provided; and
EzySim may subsequently require You to produce additional proof of identity including, but not limited to, Your name and address, and We may suspend the Services until that evidence is provided.
12.2.2 You must provide EzySim with any change in Your residential address and other customer details provided to EzySim within 14 days of any change by calling Our Customer Care Helpline, or emailing Us at care@EzySim.com.au
13 Customer Care
13.1 Customer Care services are available by email or live chat(during business hours)
13.2 Should You feel a complaint is not satisfactorily resolved, You may be entitled to raise certain matters directly with ACMA, the Australian Consumer and Competition Commission or the Telecommunications Industry Ombudsman(TIO)
13.3 The National Relay Service (“NRS”) makes it easier for You to contact EzySim if You are deaf or have a hearing or speech impairment. The NRS numbers are:
Dial 133 677 for all calls within Australia; or
Dial 1800 555 677 for all calls within Australia to 1800 numbers.
13.4 For translating and interpreting services over the telephone, the Translating and
Interpreting Service (“TIS”) National may be of assistance. The TIS contact number is: 131 450
14 Limitation of Liabilities
14.1 EzySim and its Related Bodies Corporate will not be liable in contract, tort (including negligence) or otherwise for direct or indirect losses, damages, inconvenience or expense arising under or in connection with the Services and Your use of it, loss of revenue, loss of use, lost business or missed opportunities or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time these terms and conditions were entered into.
14.2 You may have certain rights and remedies under the Competition and Consumer Act 2010 (Cth) and other laws, which may imply certain conditions and warranties into the Agreement. EzySim does not exclude or restrict or modify those rights, remedies or implied conditions and warranties where it is unlawful to do so. All other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, relating to the supply of the Services are excluded.
14.3 Subject to any applicable Laws which cannot be excluded, including the Competition and Consumer Act 2010 (Cth), EzySim has no liability to You or to any other person for: acts or defaults of other Suppliers; faults or defects in Services which are caused to any material extent by Your own conduct or misuse; faults or defects that arise in telecommunication services not provided under the Agreement (even if they are connected, with Our consent, to Services which EzySim have arranged under this Agreement) which are due to incompatibility with the Services;
porting of Your MSN in accordance with a porting request received by Us;
any delays in implementing a request to port Your MSN;
a failure to implement a request to port Your MSN;
any fraud, negligence or misrepresentation by You;
the deletion with or without notice or cause of any of Your data or information stored on Your mobile phone;
Your use of, reliance upon or inability to use our Service, including CD Services;
any loss of Your data or material resulting from delays, non-deliveries, missed deliveries, Interruptions or a failure, suspension or withdrawal of all or part of the Services at any time; or
the removal from the Services of any material sent or posted by You on or via the Services and/or the blocking or suspension of Your access to the Service or any part of it in accordance with these Terms.
14.4 You shall at all times indemnify and hold EzySim, its Related Bodies Corporate, and its partners and associates, harmless from and against claims for loss, damage, costs and expenses howsoever arising (directly or indirectly) resulting from Your breach of any provision of the Agreement, use of Services and/or any unauthorised or illegal acts or omissions.
14.5 EzySim relies on third parties to carry calls made in Australia to international destinations. Calls carried by third parties are outside the control of EzySim and You agree that EzySim is not in any way liable for any loss, damage, costs and expenses howsoever arising (directly or indirectly) suffered by You resulting from the carriage of these calls, including, but not limited to, the quality, connectivity or delay in the connection of these calls.
15 Customer Acknowledgement and Obligations
15.1 These acknowledgements and obligations are in addition to and not in substitution of any acknowledgements and obligations elsewhere in the Agreement.
15.2 You acknowledge and agree that:
the Service relies on the services of third party Suppliers for its operation, who are not controlled by Us; and
subject to any applicable Laws which cannot be excluded, including the Competition and Consumer Act 2010 (Cth), We do not exercise any control over, authorise or make any warranty regarding:
Your right or ability to use, access or transmit any content (whether error-free, in time, or at all) using the Services;
the quality, accuracy, correctness, completeness or suitability of any content which You may send, receive or access using the Services;
the consequences of You using, accessing or transmitting any content using the Services, including without limitation any virus or other harmful software; and
any charges which a third party may impose on You in connection with Your use of the Services.
15.3 EzySim supplies the Services (and each individual service) for the purpose of: originating (making) calls or using other mobile services on the Network; and
terminating (receiving) calls or other mobile services on the Network, which originate on the Network or on the network of another Supplier with which the Network has a current interconnection arrangement.
15.4 In using the Services, You must: comply with any rules imposed by any third party whose content or services You access using the Services or whose network Your data traverses; and
not infringe any person’s Intellectual Property Rights (such as by using, copying or distributing data or software without the permission of the owner).
15.5 In addition to Your obligations under the terms of the Agreement, You must not: originate or terminate calls or other services on the Network in connection with the Services or an individual service, other than as described in clause 15.3 above; transmit, refile or aggregate domestic or international traffic on the Network in connection with the Services or an individual service; or use the Services or an individual service (including any SIM card) in connection with a device that switches or reroutes calls to or from the Network, without the prior written consent of EzySim. EzySim may withhold its consent to such use or make it subject to conditions, in each case in EzySim’s absolute and unfettered discretion.
15.6 If You breach clause 15.3, 15.4 or 15.5 in respect of the Services or an individual service then EzySim may, in addition to and without limiting its other rights, immediately suspend or terminate the Services or the individual service by giving notice to You.
15.7 You acknowledge that subject to any applicable Laws, including the Competition and Consumer Act 2010 (Cth), EzySim gives no warranty as to the performance or characteristics of any software supplied in connection with the Service.
15.8 You must not reverse the charges on any telephone call or accept a reverse charged call. This applies if You loan/give Your mobile to someone else.
15.9 The maximum call length is 1 hour, 58 minutes and 0 seconds.
15.10 At Our discretion We can refuse to provide any part of the Services to You. If You feel that Your mobile phone should not be barred, please contact Us on Our Customer Care Helpline or via email at care@EzySim.com.au.
16 Force Majeure
16.1 Subject to applicable Laws which cannot be excluded, EzySim shall not be liable to You or be deemed to be in breach of the Agreement by reason of any delay in providing, or any failure to provide any of EzySim’s obligations in relation to the Services, if the delay or failure was due to any cause beyond EzySim’s reasonable control.
16.2 This includes, but is not limited to, the following: Network failure; Services’ suspension dictated by the Network provider in order to carry out repairs, maintenance or updating; where required by Law or in order to protect You against any possible harm; war; accident; civil commotion; military action; act of terrorism; vandalism; judicial action; labour dispute; an act of a government or a government authority; acts of God; earthquake, fire, flood, or other natural calamity; computer viruses or failure of the internet or delay; or failure or default by any other Supplier.
17 Intellectual Property Rights
17.1 The title and goodwill attaching to the names, trademarks, copyright, brands and logos of EzySim shall remain vested in EzySim at all times.
17.2 The intellectual property in the SIM card, Services (including the software) (“IP”) does not belong to You and is supplied to You, under licence, by EzySim for proper use of the Services only. You may not copy any of the IP. If the mobile phone, SIM card and associated products are disconnected from the Services or if We change the IP, You must either destroy the SIM Card or return it to Us, as We may request. If it is not returned, on request by Us, You must pay for the SIM card (or its replacement) at the price stated in the Standard Rate Table at that time.
17.3 For the duration of the contractual relationship, EzySim grants You a non-transferable and non-exclusive right to use the Services and associated mobile products provided by EzySim in accordance with the Agreement. EzySim or the licensor fully retains the rights to all corresponding Intellectual Property Rights. If a Customer, in connection with the Agreement, infringes licensing rights of third parties and EzySim is held liable therein, the Customer shall hold and indemnify EzySim harmless against any such claims.
18 Assignment
18.1 You are permitted to transfer rights and obligations arising from the Agreement to third parties only with the prior written consent of EzySim, such consent not to be unreasonably withheld. In registering with Us, the assignee is deemed to have accepted the terms and conditions of service contained in the Agreement and all liabilities (e.g. debt) associated with that SIM card.
18.2 EzySim is entitled to transfer this contract and novate its rights and obligations to any party without Your consent at any time and You appoint EzySim as Your lawful attorney to execute all documents and to do all acts necessary or desirable to give effect to any such assignment or novation.
General
19.1 Place of jurisdiction and applicable law
The Agreement and the supply of the Services will be subject to the laws of New South Wales, and You irrevocably agree to the non-exclusive jurisdiction of the Courts of New South Wales in respect of any dispute arising from the Agreement.
19.2 Information
EzySim may give to and receive from other Suppliers information about Your Service, including particulars of calls and call charges.
19.3 Entire Agreement
The Agreement contains the whole understanding between You and EzySim to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
19.4 No reliance
You acknowledge that You enter into the Agreement entirely as a result of Your own enquiries and that You do not rely on any statement, representation or promise by EzySim or on EzySim’s behalf not expressly set out in the Agreement.
19.5 Waiver
No failure or delay on the part of any party in exercising any right, power or remedy under the Agreement in a timely manner shall operate as a waiver thereof, nor does it constitute acceptance of the matter, unless it is agreed in writing and signed by both parties hereto.
19.6 Notice
A notice issued under the Agreement must be in writing and will be taken to be received:
if left at the address of the addressee at the time it was left;
if sent by ordinary post, on the third day after posting;
if sent by email, at the time of successful transmission; and
if sent by SMS, at the time of successful transmission.
19.7 Survival
A finding that any provision of the Agreement is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of the Agreement provided that this does not materially prejudice either party in their respective rights and obligations of the Agreement.
19.8 Conflict
In the event of a conflict between the terms and conditions of the Agreement and any advertising materials, these terms and conditions shall take precedence.
19.9 Call History
If You require a copy of your usage history, You can access up to six months of usage through My EzySim. Alternatively, You can contact the call centre for assistance. If You request that we provide You with a transcript of Your usage history, the following fees will apply: $25 for an active account and $50 for a terminated account. We can only provide a transcript of Your usage history for a period of up to 12 months as we do not keep records after twelve months.
20 Interpretation
20.1 In the Agreement, unless the context otherwise requires:
headings are for convenience only and do not affect interpretation;
the singular includes the plural and vice versa; all references to amounts, dollars, value and price are to the Australian currency only; references to a party includes its successors and permitted assigns;
references to payment to any party includes payments to another person on the direction of that party; and a reference to any statute includes any amendments, re-enactments or replacements to that statute from time to time.
Defined Terms
Unless the contrary intention appears or the context otherwise requires, the words, terms or expressions set out below where used in the Agreement shall have the respective meanings set out below.
ACMA means the Australian Communications and Media Authority.
Agreement means this EzySim Prepaid Mobile Services Standard Form of Agreement and any other documents validly incorporated by reference and has the meaning given on page 1 of this document.
Carrier has the same meaning as defined in Section 7 of the Telecommunications Act.
Carriage Service Provider has the same meaning as defined in Section 87 of the Telecommunications Act.
Customer means any natural person, legal entity or partnership that uses the Services provided by EzySim and is deemed to have accepted the Agreement.
Customer Care means the customer service facilities provided by EzySim from time to time.
care@ezysim.com.au or live chat
Emergency means a situation which, unless immediately remedied, has the potential to endanger life or safety or causes an immediate risk to property.
GSM means the Global System for Mobile communications cellular network.
GST means the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 that may be in force in Australia from time to time.
Intellectual Property Rights includes any rights associated with inventions, copyright, designs, trade marks, trade names, service marks, indicia of origin, business names, patents, petty patents, innovation patents and includes any right to apply for any of the above rights.
Law/s means any:
legislation, regulations, determinations, by-laws, declarations, ministerial directions and other subordinate legislation; common law; government agency requirement or authorisation (including any conditions of any authorisation);
mandatory codes, standards and guidelines; writ, order, injunction or judgement; or local government legislation including regional, district and zone plans, regulations, by-laws, declarations and other subordinate legislation.
EzySim /We/Us/Our means Never say no Pty Ltd trading as EzySim (ABN 44 626 091 094)
EzySim Services Description means the Services description of all EzySim Plans, a copy of which can be found on the Website and which forms part of the Agreement
MSN means a Mobile Service Number allocated pursuant to the Telecommunications Numbering Plan 1997.
Network means the Vodafone network 5G/4G which is used to supply the Service and which We resupply to You as set out in the Service Description.
Network Locking means that the mobile phone has been programmed to work only on one of the GSM networks.
Personal Information has the same meaning as defined in the Privacy Act.
Port/Porting means the transfer of a MSN between suppliers of telecommunication services.
Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.
Recharge or Top up means pre-paid plan/bundle recharge using credit card online which when activateds and give the customer an access to benefits described in the plan.
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001.
Services Description means the EzySim Services Description and any services description of other plans adopted and introduced by EzySim from time to time.
SIM card or eSim means the subscriber identity module card, to be used with a mobile telephone handset to enable use of the Services.
SIM Pack means the SIM card and collateral provided by EzySim to begin using the pre-paid mobile Services.
Standard Rate Table means the table containing EzySim’s standard rates, tariffs and charges for each plan.
Supplier means a Carrier, Carriage Service Provider, telecommunications service providers or equipment suppliers which supply a public mobile telecommunication service to Customers.
Telecommunications Act means the Telecommunications Act 1997 (Cth), as amended.
Unsuccessful Call means a call which is not successfully connected to a called number (a called number includes a number to which a called number diverts, which may also include connecting through a switch or PABX or similar system), including where:
the called number is engaged, disconnected or out of order;
the called number cannot be accessed using the Services; or
there are network or other service failures that have caused temporary Interruptions to the Services.
Website means the EzySim website at www.ezysim.com.au as updated from time to time.
You or Your means the Customer who has contracted with EzySim for the supply of the Services.
