CONDITIONS OF PADDINGTON PHONES WEBSITE AND TELSTRA MOBILENET OFFERS

The Digital GSM/CDMA Freedom offer has a mobile phone with a network component. Under the PocketSaver and Frontrunner offers. You can purchase a phone at a subsidised price . The "What you need to know about MobileNet offers" booklet provides important information about your contract and commitment with Paddington Phones and Telstra MobileNet. It's important that you read it carefully, because the terms in this Booklet, in your Application and in our Standard Forms of Agreement comprise the agreement under which you will acquire your phone and MobileNet service. By signing and accepting the phone upon delivery you agree to read this booklet within the 10 day cooling off period, and acknowledge that if you have not returned the phone within this period, you have read this booklet and are bound by the terms and conditions of the contract.

This Digital offer is available to individual and residential customers only. Individual and residential may not buy more than 3 mobile phones as part of this offer (except in South Australia) and the phones may not be bought for resupply.

Pricing and offers....Paddington Phones reserves the right to change or withdraw any offer on this website without notice.
                                      We also reserve the right to refuse the supply of products or services at any time if we feel the transaction is fraudulent.

Extra Payments... In certain circumstances You must pay an Additional Amount. This is an important term and You should read clause 3.

Cooling Off Period... To ensure you're totally happy with your new phone and the Telstra MobileNet Network, we offer you a period of 10 days from the date of receipt of your phone to trial its use. Should you decide to return your phone within this period, you will receive a full refund exclusive of postage and handling costs and any connection, network access or airtime (call) charges. Paddington Phones also reserves the right to charge for goods that are returned damaged or incomplete.
Please note that the phone remains the property of Paddington Phones and Telstra MobileNet until completion of the 10 day cooling off period. Should you decide not to activate the phone within the trial period, nor return the phone to us, we will charge you the retail value of the phone to your nominated credit card.

Can I change my phone?
Only in limited circumstances. Make sure You choose Your phone carefully before opening the box containing your mobile phone.

Coverage... Make sure You have MobileNet Digital GSM/CDMA Freedom coverage in the areas You are most likely to use Your mobile phone. There will be places inside marked coverage areas where a mobile phone will not work because of radio transmission limitations. Coverage maps are supplied in your Welcome Pack.

MobileNet MessageBank®... MobileNet MessageBank is a feature of Your MobileNet service and You will incur charges for all unanswered calls and retrieval of messages. If You do not want unanswered calls forwarded to MessageBank, call Telstra on 018 018 111 or refer to Your MobileNet Offers booklet for instructions.

MobileNet SMS... Your MobileNet Digital GSM/CDMA Service will include MobileNet SMS (currently not available on CDMA network), a service that gives You the ability to send short messages to certain other digital phones. If Your MobileNet Digital GSM/CDMA Service is used to send MobileNet SMS messages, Your name and mobile number will be automatically sent to the recipient with each message.

Calling Number Display (CND), Line Blocking... You may request that Your number be blocked. For details on blocking and unblocking numbers please contact Telstra on 018 018 111. Your number will not be blocked on MobileNet SMS messages sent from Your MobileNet service.

Network Lock... All pre-paid (non-contract) phones connected to MobileNet Digital GSM/CDMA will be locked to Telstra's network. This means that You cannot use Your phone with another network†. Please contact Telstra on 018 018 111 for information on when and how the lock can be removed.

Suspending Your MobileNet Service - Lost/Stolen/Damaged Phones... You cannot suspend Your service during the Contract Term unless Your mobile phone is stolen. If Your mobile phone is stolen then, You may suspend Your service for up to 28 days maximum, after which We may reconnect You to the MobileNet Flexi-Plan® that You were on prior to the period of suspension. In all other circumstances, if Your mobile phone(s) is lost, stolen or damaged You must keep paying the monthly MobileNet Flexi-Plan® access fee for the Contract Term. A replacement mobile phone will cost the full retail price.

CUSTOMER ACCEPTANCE
· I have read this application form (including the terms on the back of the form), the Customer Billing Details on the Tax Invoice and the MobileNet Offers booklet
· I understand that the MobileNet Offers Booklet and this application form contain terms that impose obligations on me, including requirements to pay charges, and other terms that limit my rights and Telstra's liability ..in certain circumstances.
· I request the supply of the MobileNet service and a phone on the terms of the MobileNet Offers Booklet and this application form. If I am upgrading my phone I request that Telstra change my Flexi-Plan to the ..Flexi-Plan shown above.
· If I am the Customer, I acknowledge that Telstra may obtain information about me, including a consumer credit report from a credit reporting agency, and may use and disclose personal and credit information about ..me for the purposes set out in the privacy section on the back of this form, which I have read. I also consent to the automatic inclusion of my name and mobile number with any MobileNet SMS messages sent ..from ..my MobileNet service.
· MobileNet MessageBank is a feature of my MobileNet service and I will incur charges for all unanswered calls and retrieval of messages. If I do not want unanswered calls forwarded to MessageBank I will ask ..Telstra Customer Service or refer to my MobileNet Offers Booklet for instructions.
· I warrant that all information in this application is correct. If I am the Authorised Signatory, but not the Customer, I warrant that I am authorised to sign this form on the Customer's behalf.
· I have received Telstra MobileNet geographical coverage information.
· I understand that I can choose only one EasyPlan option at any one time.

Digital and CDMA phones may interfere with sensitive biomedical electronic devices - check with your specialist before use.

Application Terms and Conditions
These terms and those on the front of this form set out the basis on which You will acquire the phone and MobileNet Digital GSM/CDMA Services from Us. Words that appear like this have special meaning in these terms. These special meanings are set out in clause 10 or on the front of this form.

1. Acceptance
1.1 By signing the application form upon delivery of your mobile phone, you confirm that:
(a) You agree to read, understand and accept the terms and conditions and the details contained in the MobileNet Offers booklet
(b) All information supplied by You is correct
(c) You acknowledge that if You have not returned the phone to Paddington Phones by the completion of the cooling off period you are bound by the terms of the contract.

1.2 Title and risk in the phone pass to You after the 10-day cooling off period.

2. Mobilenet Digital Service
2.1 We will supply the MobileNet Digital GSM/CDMA Service on the terms of Our Standard Forms of Agreement, as applicable from time to time, except as expressly provided otherwise on this form. For a copy of Our Standard Forms of Agreement, call 018 018 111.

3. Phone Payments
3.1 PocketSaver & Frontrunner Future Offers
· The PocketSaver & Frontrunner offers include the purchase of a phone from Telstra at a subsidised price. You may at any time move to a higher Flexi-Plan nominated by Telstra at no additional charge. ·
· Under these offers You can get both a new phone and connection to MobileNet Digital GSM/CDMA Service or, in some circumstances, a phone upgrade for Your existing service. ·
· Under these offers You must pay for the phone, the monthly account of Your Flexi-Plan network access charge, and certain other charges for the MobileNet Digital Service such as call charges. ·
· There is no connection fee for MobileNet Digital GSM/CDMA phone upgrades and you can keep your existing MobileNet Digital GSM/CDMA Service number. There is no connection fee for new connections or ..upgrades connected via the Paddington Phones website.

3.2 Frontrunner Future Offers
· Under the Frontrunner Offer You must pay for the purchase of the phone by paying the Promotion Price when You take delivery of the phone.
· Under the Business Choice Offer You must pay for the phone in instalments over 18 months in Your account for the MobileNet Service.
· Under these offers, You will be required to pay an Additional Amount if any of the events detailed in the table below occur in the Contract Term.
Frontrunner Future Flexi-Plan (includes 35+, 55+, 75+, 100+, 150+, 250+
Contract Term (months) 24, 24, 18, 18, 18, 18
Additional amount payable
We or you cancel your Mobilenet service You take up another Mobilenet offer with your Mobilenet service An additional amount equal to one half of the network access charge for your original approved Flexi-Plan multiplied by the number of months remaining of your contract term is payable as a single lump sum
You change your Mobilenet service to a Non-approved Flexi-Plan An amount equal to one third of the monthly amount of your original Flexi-Plan network access charge which is payable in equal amounts for the remainder of your contract.
You change your Mobilenet service to an approved Flexi-Plan with a lower monthly access Fee. An amount equal to one third of the monthly amount of your original Flexi-Plan network access charge which is payable in equal amounts for the remainder of your contract.

3.3 PocketSaver Offer
You will also be required to pay an Additional Amount of liquidated damages to Telstra if any of the events detailed in the table below occur within the Contract Term. You acknowledge that this amount is a genuine pre-estimate of Telstra's loss if the relevant event occurs.

Pocketsaver Flexi-Plan includes 10, 15, 20 and 30
Contract Term (months) 24, 24, 24 and 24
Additional amount payable
We or you cancel your Mobilenet service You take up another Mobilenet offer with your Mobilenet service An amount equal to the monthly amount the network access charge of your original approved Flexi-Plan multiplied by the number of months remaining of your contract term. This amount is payable as a single lump sum. An amount equal to one half of the monthly amount the network access charge of your original approved Flexi-Plan multiplied by the number of months remaining of your contract term. This amount is payable as a single lump sum.
You change your Mobilenet service to a Non-approved Flexi-Plan or an approved Flexi-Plan with a lower monthly Flexi-Plan. An amount equal to one third of the monthly amount of your original Flexi-Plan network access charge multiplied by the number of whole months remaining on your Contract Term. This amount is payable in equal payments for the remainder of your contract term.

Telstra’s Standard Features
All of the standard mobile features which are available under Telstra’s PocketSaver program (eg. Messagebank, Call Diversion, WebNotes etc), are also available for CDMA Plus, on the same terms (as set out in the SFOA~).  For Telstra Bonus Options, the only option which you may select is FreeChat™.

Relationship and Rewards package
CDMA Plus is available in conjunction with Telstra’s Options Relationships and Options Rewards programs.

Call rates, fees, charges and additional amounts
All call rates, fees, charges and additional amounts associated with the Telstra MobileNet CDMA Plus offer (and all relevant limitations) are set out in the SFOA.

Your contract
By signing your CDMA application form or in cases where Telstra does not require your signature, by opening the box containing your handset, you agree to the terms and conditions of the application form, the Mobile Offers booklet (which includes this document) and the SFOA.  To the extent there is any inconsistency between any of these terms and conditions, this document will prevail.

Event Additional Amounts or Early Termination Charge Payable
We or You cancel Your MobileNet service. You take up another MobileNet offer with Your MobileNet service. You change Your MobileNet service to a non-approved Flexi-Plan or an approved Flexi-Plan with a lower monthly access fee. An amount equal to one third of the monthly access charge of the original approved Flexi-Plan multiplied by the number of months remaining on the Contract Term, payable as a single lump sum.

4. Warranties
The warranties set out in these terms are in addition to any warranties provided by the manufacturer of the phone
4.1 Certain legislation (such as the Trade Practices Act) may imply into this agreement certain conditions and warranties which cannot be excluded.
4.2 If any terms are implied into these express terms, then We limit Our liability under those terms to repairing the phone, supplying an equivalent phone, resupplying the MobileNet Digital GSM/CDMA Service or paying the cost of repair or replacement (whichever We choose). However, this limitation will not apply where the phone or MobileNet Digital GSM/CDMA Service is of a kind ordinarily acquired for personal, household or domestic use or where it is not fair or reasonable for Us to rely on the limitation.
4.3 Subject to clause 4.2 and 4.3, We expressly exclude all liability to You for any other breach by any of Our employees, contractors or agents.

5. Privacy
5.1 You agree that We may, subject to the provisions of the Privacy Act 1988 (Cth) in force from time to time:
(a) disclose information about You (including information contained in Your application and information relating to the conduct of Your account) for the purpose of obtaining and maintaining a credit information file about You, and to another credit provider or a collection agent for the purpose of collecting over payments relating to credit owed by You and notifying defaults by You;
(b) use and disclose personal information about You for the purpose of providing services to You and for the improvement of customer service, including by means or research, marketing, product development and planning; and
(c) obtain and use information about Your credit worthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness.

6. Termination
We may cancel Your MobileNet Digital GSM/CDMA Service at any time if:
(a) You do not make any payment by the due date for
that payment; or
(b) You fail to remedy any breach (that can be remedied)
within 7 days of Us
notifying You that You must remedy the breach.

7. General
Telstra reserves the right to change or withdraw the offer at any time and this offer is not available in conjunction with any other MobileNet offers unless Telstra advises otherwise.

8. Easyplan™ Options
Charges may apply if You change Your EasyPlan option more often than Telstra allows. Telstra's Fair Play Policy applies. Telstra reserves the right to withdraw any or all of the EasyPlan options at any time.

9. Goods & Services Tax
Telstra may, in addition to any amount expressed as payable elsewhere in the application, recover from You an additional amount on account of GST, such amount to be calculated by multiplying the amount payable by You by the prevailing GST rate. Under the Business Choice offer the entire GST amount in relation to the phone will be included in Your first bill and is payable at that time.

10. Interpretation
The following terms have the following meanings: Additional Amount means the amount payable under clause 3.Contract Term means the Contract Terms for the Flexi-Plans set out in clause 2.Flexi-Plan means a pricing plan described by that name in Our Standard Forms of Agreement. Promotion Price means the price for the phone as advised by Telstra from time to time. Standard Forms of Agreement means Our applicable Standard Forms of Agreement as amended from time to time. We/Our/Us means Telstra Corporation Limited (ACN 051 775 556, ABN 33 051 775 556).You/r means the customer.

† Available on CDMA Freedom network only. To new and approved customers. Minimum package cost for customers who remain connected for 24 months on CDMA Plus offer is $528 (plus call charges). Ask for further details. Limit of three per customer (except South Australia). No trade sales.
• Up to a maximum of 1000 SMS’s sent per month to another MobileNet service are free until 31 December 2001.  SMS messages cannot be rolled out into the next month.
* Calls up to 15 minutes to another Telstra MobileNet phone between 9pm and 5am.  Telstra FairPlay policy applies.  Offer ends 30/06/2001 unless withdrawn earlier.
^ First topic free
> Diversion and retrieval charges apply.
** Or any mobile phone determined by Telstra from time to time
*** as defined in the SFOA~
~ Telstra’s Standard Forms of Agreements as amended from time to time
^^ not including WebNotes, which you must pay for at the standard Telstra rate.
†† Approved Flexi-Plan means PocketSaver Flexi-Plans 20+, 30+, 35+, 55+, 75+, 100+, 150+, 250+, 500+, MP45, 35BUS+, 55BUS+, 75BUS+ and any other Flexi-Plan Pricing Options determined by Telstra from time to time.