TransACT Acceptable Use Policy

It is important to TransACT that all eligible TransACT customers are able to access our services. Accordingly, we have devised an Acceptable Use Policy which applies to:

1. usage of GPRS/3G data services (for example data services),
2. downloading/uploading of content,
3. Blackberry service
4. voice calls, and
5. promotions which are advertised by TransACT as being subject to TransACT's Acceptable Use Policy.

We reserve the right to vary the terms of the Acceptable Use Policy from time to time.

TransACT may rely on the Acceptable Use Policy where your:

1. usage of the data services,
2. downloading/uploading of content,
3. Blackberry service,
4. usage of voice calls, and/or
5. participation in a promotion (described above),

is excessive or unreasonable, as defined below.

Excessive Use

For customers on any TransACT mobile plan that includes free calls or unlimited calls or unlimited data including Blackberry data, TransACT may monitor the data usage and usage on voice calls made while in Australia to Australian fixed-line and mobile numbers including calls to TransACT fixed line and mobile, voice mail retrieval on a monthly basis. TransACT has the right to determine (in its sole discretion) what is deemed to be excessive, including in circumstances where the use of the service adversely affects the network or other TransACT customers’ use of or access to a service or the network.

For TransMOBILE customers on the TransMOBILE Freedom plan, TransACT may monitor the usage on voice calls made while in Australia to Australian Fixed and mobile numbers, Short Message Service (SMS), Voice mail retrieval on a monthly basis and TransACT has the right to determine (in its sole discretion) what it deems to be excessive, including in circumstances where the use of the service adversely affects the network or other TransACT customers’ use of or access to a Service or the Network.

In the case of Promotions, what is excessive use will either be advertised by TransACT at the time of the relevant promotion or included in this Acceptable Use Policy prior to the commencement of the relevant promotion.

Non Commercial Use

Any of our plans with unlimited calls can only be used for personal use and can not be used for commercial purposes as this may detrimentally affect the quality of service we provide to our other customers.

Without limitation, TransACT consider following scenarios to be ‘commercial’:

• use of the service for the purpose of resale or re supply of another service;
• use of the service to automatically generate calls or re-route calls or receive calls to re-route; and
• use of the service on devices that re-route calls, taking advantage of the free calls, potentially generating frequent calls, long duration calls

Unreasonable use

It is unreasonable use of the data services where your use of the GPRS or Blackberry services is reasonably considered by TransACT to be fraudulent or to adversely affect the TransACT network or another TransACT's customer's use of or access to a TransACT service or the TransACT network.

Among other things, "fraudulent use" includes resupplying a TransACT service without TransACT's consent so that someone else may access or use TransACT GPRS/Blackberry/data services or downloads or take advantage of a Promotion.

The policy allows TransACT to request that excessive users beyond reasonable usage of Intra-account or free or unlimited voice calls to limit their use or cease using their TransMOBILE service.

Our rights

We reserve the right to determine what excessive use is and may suspend or cancel a customer’s access without notice in such circumstances. We also reserve the right to charge customers for promotions or services accessed in excess of the TransACT Acceptable Use Policy. TransACT also reserves the right to terminate promotions or services at any time.

Where you are in breach of this Acceptable Use Policy, TransACT may call you to discuss changing your usage so that it conforms to this Acceptable Use Policy.

If, after TransACT has called you, your excessive or unreasonable use continues, TransACT may, without further notice to you:

1. charge you a rate of 15c per MB for continued GPRS usage,
2. charge you a rate of 0.044c per 20KB for continued Blackberry data usage,
3. suspend or limit the service (or any feature of it) for any period we think is reasonably necessary, and/or
4. terminate your agreement.