O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of



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23.17If a 24 month TMCP is no longer available to new customers at the end of the contract term for any service connected to that plan, we may transfer the service to any other current plan which is reasonably comparable. We will tell you before this happens.


Cancelling or moving from a TMCP

23.18If you have connected a service to a Mobile Connect Plan with Device and you cancel or move from the Mobile Connect Plan with Device for that service (including if you move to another TMCP), before the end of your 24 month contract term, you will be deemed to have cancelled your Mobile Connect Plan with Device and, if applicable, your Mobile Connect Voice Plan, and will be liable to pay us an ETC for the Mobile Connect Plan with Device as set out below.

23.19If you have connected a service to a Mobile Connect SIM Only Plan and you cancel or move from the Mobile Connect SIM Only Plan for that service (including if you move to another TMCP but other than when moving to a Mobile Connect Plan with Device through Telstra’s direct channel and restart the contract term), before the end of your 24 month contract term you will be deemed to have cancelled your Mobile Connect SIM Only Plan and, if applicable, your Mobile Connect Voice Plan, and will be liable to pay us an ETC for the Mobile Connect SIM Only Plan as set out below.

23.20If you cancel your Mobile Connect 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 TMCP 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 TMCP.

23.21You may cancel a TMCP connected to any of your services at any time, subject to you paying the applicable ETC (if any) under the relevant TMCP. You do not have to pay the ETC if your cancellation is a result of our material breach.

23.22If you cancel a TMCP (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 TMCP 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.

23.23Without 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 TMCP:

(a)is not being used for the purposes for which the TMCS 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 Mobile Connect Voice Plan or Eligible Mobile Voice Plan service; and

(e)cancel the TMCP and, if applicable, any Mobile Connect 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 TMCP and, any Mobile Connect Voice Plan or Eligible Mobile Voice Plan to which the service is connected.


Early Termination Charges and administration fees

23.24 The amount payable as an ETC for termination of a TMCP is calculated as follows:


ETC payable

=

Base ETC Amount x Number of months (or part thereof) remaining in your 24 month term

24

(GST incl)


Where the Base ETC Amount is as set out below:

Plan

Monthly Fee (incl GST)

Base ETC Amount (incl GST)

Mobile Connect Plan with Device - Premium

$69.95

$1058

Mobile Connect Plan with Device - Standard

$59.95

$1058

Mobile Connect Plan with Device - Basic

$49.95

$645

Mobile Connect SIM Only Plan

$29.95

$244




23.25You agree that the ETCs are a genuine pre-estimate of the loss we are likely to suffer.


Fees and charges for Mobile Connect Plan with Device

23.26For a Mobile Connect Plan with Device, the Monthly Fee is set out below.


Plan

GST excl.

GST incl.

Mobile Connect Plan with Device - Premium

$63.59

$69.95

Mobile Connect Plan with Device - Standard

$54.50

$59.95

Mobile Connect Plan with Device - Basic

$45.41

$49.95

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