If your selected BES Email Plan or BES Data Plan is no longer available to new customers, we may transfer your service to any other current plan which is reasonably comparable. We will tell you b
12.27If your selected BES Email Plan or BES Data Plan is no longer available to new customers, we may transfer your service to any other current plan which is reasonably comparable. We will tell you before this happens.
Cancelling/Changing the service
12.28If you are connected to a BlackBerry Email Plan with Handset or BlackBerry Data Plan with Handset and you cancel or move your BlackBerry Email Plan with Handset to a BlackBerry SIM Only Email Plan or your Blackberry Data Plan with Handset to a BlackBerry SIM Only Data Plan before the end of your 24 month contract term, you will be deemed to have cancelled that plan and must pay us an early termination charge as set out below.
12.29If you cancel your BlackBerry Voice Plan or eligible Telstra mobile plan connected to any of your handsets and do not move your handset to another eligible mobile plan, the associated BES Email Plan and BES Data Plan (as applicable) for that handset will be automatically cancelled. Each of your BES Email Plans and BES Data Plans (as applicable) will also be automatically cancelled if you cancel your overall BES Solution service at the account level.
12.30You may cancel your BES Email Plan, BES Data Plan, BlackBerry Voice Plan or other eligible Telstra mobile plan connected to any of your handsets at any time, subject to paying the applicable early termination charge (if any) under your BES Email Plan. BES Data Plan or mobile plan. You do not have to pay the early termination charges if your cancellation was a result of our material breach.
12.31If you purchase a BES Email Plan on or after 23 June 2010 or BES Data Plan, the amount payable as an early termination charge (“ETC”) for cancellation of your BES Email Plan and BES Data Plan is calculated as follows:
ETC payable
=
Base ETC Amount x Number of months (or part thereof) remaining in your 24 month term
12.32You agree that the ETCs are a genuine pre-estimate of the loss we are likely to suffer.
12.33If you do cancel your BES Email Plan, BES Data Plan or mobile plan (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 Monthly Service Fee for the BES Email Plan or BES Data Plan for the month in which you cancel your BES Email Plan or BES Data Plan).
BES Email Plans with Handset:
(a)not available to new customers on and from 16 November 2011; and
(b)for customers with an existing agreement with us to purchase the BES Email Plans with Handset entered into before 65 March 2013, not available on and from 1 July 2013.
12.34For services connected during or from the dates shown below, the monthly e-mail fee for the BES Solution will depend on your chosen plan and handset as set out below, subject to the terms of any applicable promotional offer. This Monthly Fee lets you send and receive an unlimited number of e-mails to and from your handset in Australia (experience may vary where the e-mail has large attachments or embedded content) and provides unlimited browsing via the BlackBerry browser in Australia. If you have the Mobile Data System (MDS) feature enabled on your handset, browsing via the BlackBerry browser in Australia includes accessing your applications on your private corporate network via the BlackBerry browser. The Monthly Fee is in addition to the charges in relation to the BES software and client licences. You may also be required to pay an additional amount upfront for your handset. Additional charges apply for your mobile plan and voice and data usage, including charges for SMS, BigPond Mobile Services (previously known as Telstra Active or WAP) browsing outside the BlackBerry browser, use of video streaming applications, content/subscriptions and other non-e-mail data usage.
12.35For new services connected between 1 September 2004 and 23 June 2010, the Monthly Fees are as follows:
