18.36If you cancel your Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan connected to any of your services and do not move your service to another Eligible Mobile Voice Plan, the MMSP for that service will also be automatically cancelled and relevant ETC must be paid (if any) for any Eligible Mobile Voice Plan and the applicable MMSP.
18.37You may cancel a MMSP connected to any of your services at any time, subject to you paying the applicable ETC (if any) under the relevant MMSP. You do not have to pay the ETC if your cancellation is a result of our material breach.
18.38If you cancel a MMSP (other then as a result of our material breach), we will not refund or waive any fees or charges already paid or incurred by you (including the MMSP Monthly Fee for the month in which you cancel the plan) except for fees or charges paid by you otherwise on account or in advance for services which have not been provided.
18.39Without limiting any right of ours as set out in Our Customer Terms and our agreement (if applicable), if we reasonably believe that any service connected to a MMSP:
(a)is not being used for the purposes for which the MMES is provided;
(b)has breached our FairPlay Policy; or
(c)has breached the terms of Our Customer Terms or our agreement (if applicable).
we may:
(d)disconnect or suspend the service, including any Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan service; and
(e)cancel the MMSP and, if applicable, any Microsoft Mobile Voice Plan to which the service is connected.
If we disconnect or suspend any service in these circumstances, you will continue to be charged and will continue to be liable for all fees and charges (including the Monthly Fees) set out below for the MMSP and, any Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan to which the service is connected.
Early Termination Charges and administration fees
18.40The amount payable as an ETC for termination of a MMSP connected before 1 October 2010 is calculated as follows:
ETC payable
=
Base ETC Amount x Number of months (or part thereof) remaining in your 24 month term
18.43The Monthly Fee for the Microsoft Services Plan with Handset is for SCMDM Services to and from the handset when the handset is on our Next G™ network in Australia. This data usage will be reduced to a speed of 100kbps after 2 GB of data usage per service per month (we will notify you when this occurs); and
(a)use of the Memo service when the handset is used on our Next G™ network in Australia, at no cost for each service for the first month of the contract term, on our standard terms for the Memo service, which are available here; and
(b)use of the MessageBank service, on our standard terms for the MessageBank service. You will need to change the handset to divert to 101 to use the MessageBank service.
18.44For services on the Microsoft Services Plan with Handset, the monthly subscription charge will be waived for the term of the Microsoft Services Plan with Handset for any use of the Whereis Navigator on the handset on our standard terms for the Whereis Navigator service. However, we do not guarantee or represent that Whereis Navigator will be compatible with every handset. In addition, Whereis Navigator will only be available when the handset is not switched to your Microsoft SCMDM VPN.
18.45The Monthly Fee for the Microsoft Services Plan with Handset does not cover, and additional fees will apply for:
(a)all data usage for a service (whether for SCMDM Services or otherwise) to and from the handset when it is roaming overseas;
(b)internet usage (other than through Microsoft SCMDM software when the handset is used on our Next G™ network in Australia);
(c)your Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan; and
(d)any other services or applications (whether from us or not) which is used on a handset other than those expressly included as set out above.
