Standard Form of Agreement

Part A sets out the general terms that apply to every Shift service. Part B adds terms specific to mobile and nbn® services.

Part A — General terms

1. About this agreement

This Standard Form of Agreement (SFOA) is made under Part 23 of the Telecommunications Act 1997 (Cth) between you and Shift Mobile and Internet Pty Ltd ("Shift", "we", "us"). Your agreement with us consists of: this SFOA; the service schedule in Part B for each service you hold; the Critical Information Summary for your plan; our Privacy, Fair Use, Payment Assistance and Complaints Handling policies; and any promotional terms applying to your offer. If those documents conflict, the more specific document prevails over the more general.

By placing an order, activating a SIM or using a service, you accept this agreement. It starts when we accept your application and continues, month to month, until the last of your services is cancelled.

2. Some definitions

• "Service" means a mobile or nbn service we supply to you under this agreement.
• "Network Partner" means the wholesale carrier over whose network a service is delivered.
• "Equipment" means SIM cards, eSIM profiles, modems and any other goods we supply.
• "Charges" means the amounts for your plan and usage as published on our website and in your Critical Information Summary.

3. Applications, eligibility and credit assessment

• You must be at least 18, reside in Australia, and provide accurate identity, contact and payment details, keeping them current in your customer portal.
• We may verify your identity before connecting a service and before high-risk account changes, consistent with ACMA rules.
• We may undertake a credit assessment, and exchange information with credit reporting bodies for that purpose as our Privacy Policy describes. We may decline an application, or accept it with conditions such as a spend limit, based on that assessment.
• Services are for your own use. You must not resell, resupply or wholesale a service without our prior written agreement.

4. The services

We will use reasonable care and skill to connect and supply your services within the timeframes we quote. Services are delivered over the networks of our Network Partner, and our ability to supply depends on that network, your location and your equipment. Where a connection cannot be completed — for example your address cannot be serviced — we will tell you promptly and refund anything paid for the affected service.

5. Coverage and speeds

Coverage maps and address checkers are a guide only. Actual mobile coverage and data speeds vary with location, terrain, buildings, device, network load and weather; nbn speeds additionally vary with your technology type, in-home wiring and Wi-Fi setup. We do not guarantee a particular speed at all times. Plan speed descriptions (such as typical evening speeds) are explained in the relevant Critical Information Summary.

6. Equipment and SIMs

• Risk in equipment passes to you on delivery; title passes when it is paid for in full.
• SIM cards remain our property. Tell us immediately if a SIM is lost or stolen so we can block it — you are not liable for charges you can show were incurred after you told us.
• You must only connect equipment that complies with Australian technical regulation, and use our supplied equipment in line with its instructions.
• Equipment we sell comes with the warranties in clause 23 and the Australian Consumer Law; our Shipping & Returns Policy explains replacements and returns.

7. Installation and access

Some nbn connections require an appointment at your premises. You must ensure someone over 18 is present, provide safe access, and obtain any consent needed from a landlord or building owner. Missed-appointment or additional-installation charges levied by the Network Partner may be passed on at cost, and we will tell you about any such charge before you incur it wherever practicable.

8. Phone numbers

• Numbers are allocated and used in line with the Telecommunications Numbering Plan. You have a right to port an eligible number, but you do not own a number.
• You may port an eligible number to us with your authority and identity verification, and you may port your number away at any time. Cancelling a service before porting the number away will result in the number being lost.
• A number that is already active on the Shift network cannot be "transferred" to us.
• We may recover a number if it is unused for an extended period or where the Numbering Plan requires it, giving you notice first.

9. Account security

• Keep your portal password and any PINs confidential; you are responsible for use of the service by anyone you allow to use it.
• Tell us immediately of suspected unauthorised access. We apply additional identity checks to high-risk changes such as SIM swaps and porting.

10. Charges and billing

• Plan charges are billed monthly in advance; usage outside your inclusions is billed in arrears at published rates. Your first bill may include a pro-rata amount.
• All charges include GST unless stated otherwise. Government taxes or levies applying to your service may be passed on.
• Bills are issued electronically at no charge, and itemised billing information is available through your portal.
• Promotional pricing applies as described in our Promotional Terms & Conditions.

11. Payment and direct debit

• Charges are debited from your nominated card or account on or after the bill date. By providing a payment method you authorise recurring debits for amounts due under this agreement.
• Keep your payment method current; tell us at least 3 business days before a debit if it changes.
• Card details are handled by our payment processor and are not stored on our systems.
• If a debit fails we notify you and retry. Dishonour fees a bank charges you are your responsibility; we do not add our own failed-payment fee.

12. Disputed amounts

If you dispute a charge, tell us before its due date where possible. You must pay the undisputed portion of a bill, but we will not pursue collection of a genuinely disputed amount while we investigate. If we got it wrong, we will correct the bill and refund or credit the difference promptly; if the charge stands we will explain why and give you a new date for payment and your escalation options.

13. Late payment and credit management

If an amount remains unpaid after its due date and no assistance arrangement or dispute applies, we may follow the credit-management steps allowed by the Telecommunications Consumer Protections Code: reminder notices, then restriction (for example blocking spend-incurring usage), then suspension, and lastly cancellation — each with the required notice. We may charge a late payment fee that reasonably reflects our costs, and we will not charge it while you are in a payment assistance arrangement. Unpaid debts may be referred to a collection agency or credit reporting body only after the required notices.

14. Trouble paying

Support is always available under our Payment Assistance Policy. We will not disconnect you while an assistance request is being assessed or an agreed arrangement is being met.

15. Transferring to us and from us

• When you transfer a service to us, you authorise us to act on your behalf to complete the transfer, including contacting your previous provider. You remain responsible for that provider's charges up to the transfer date, including any early-exit fees they apply.
• When you transfer away from us, you remain responsible for our charges until the transfer completes.

16. Changes to plans and this agreement

• We may change this agreement, our plans and our charges.
• For a change that is more than minor and is detrimental to you, we will give at least 30 days' notice, and you may cancel the affected service without an early-exit charge before the change takes effect. Because our plans have no lock-in, no early-exit charges apply in any case.
• Changes that are beneficial, neutral, or required by law or by a regulator may take effect with shorter or no notice.
• We will not advertise an offer in a way that hides a detrimental change we have decided to make.

17. Suspension, cancellation and termination

• By you: you may cancel any service at any time via your portal or by contacting us. Charges accrue to the cancellation date; monthly amounts already billed for the current cycle are not refunded, but no further charges apply.
• By us: we may suspend or cancel a service for non-payment (after the clause 13 steps), material breach of this agreement, fraud or unlawful use, risk to the network or other users, direction of a regulator or the Network Partner, or where we cease to offer the service — in which case we will give you at least 30 days' notice and help you move.
• Suspension does not stop plan charges accruing unless we say otherwise or the suspension is our error, in which case we will credit you.
• On cancellation, rights accrued before cancellation survive, and clauses about liability, indemnity and privacy continue to apply.

18. Moving premises

nbn services can usually be relocated to a new serviceable address. Tell us in advance and we will arrange the connection; plan availability and pricing may differ at the new address, and any Network Partner new-development or installation charge will be quoted to you before you proceed.

19. Faults, maintenance and the Customer Service Guarantee

• Report faults via 1300 744 388 or your portal; we will manage faults with the Network Partner and keep you informed.
• Planned maintenance that materially affects your service will be notified in advance where practicable. Some interruptions (emergency maintenance, upstream outages) are outside our control.
• The Customer Service Guarantee Standard gives statutory rights, including compensation, for certain fixed voice services. Where a service is supplied on the basis of a CSG waiver, we will tell you and seek that waiver before connection.

20. Acceptable use, content and communications

• Use of every service is subject to our Fair Use Policy.
• You must not use a service to break any law, to menace or harass, to infringe rights, to distribute malicious software, or to send unsolicited commercial messages in breach of the Spam Act 2003 (Cth).
• You are responsible for content you access, store or transmit using the service.

21. Network security

You are responsible for securing your own devices and home network, including your modem administration password and Wi-Fi settings. We may take protective steps — including filtering or temporarily suspending a service — where your equipment is compromised and is harming the network or others, and we will tell you as soon as practicable.

22. Privacy and information sharing

We handle personal information as described in our Privacy Policy and the Privacy Act 1988 (Cth). You authorise us to exchange information with our Network Partner, suppliers and your previous or new provider where needed to connect, operate, transfer or bill your services and to detect fraud.

23. Consumer guarantees and liability

• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services be provided with due care and skill and be fit for purpose. Nothing in this agreement excludes, restricts or modifies those rights.
• Subject to those rights, and to the extent the law allows: we are not liable for indirect or consequential loss (such as loss of profits or data); our liability for loss caused by a service failure is limited, at our option, to resupplying the service or paying the cost of resupply; and each party's liability is reduced to the extent the other's acts or omissions caused the loss.
• Nothing limits either party's liability for death or personal injury caused by negligence, or for fraud.

24. Indemnity

You indemnify us against loss we reasonably incur arising from your breach of this agreement or your unlawful use of a service, except to the extent we caused or contributed to the loss. This is the only indemnity in this agreement, and we will act reasonably to mitigate any loss claimed.

25. Events outside our control

Neither party is liable for delay or failure caused by events beyond its reasonable control — including natural disasters, power failures, industrial action and failures of upstream networks — provided reasonable steps are taken to mitigate the effect. If such an event prevents supply of a service for more than 14 days, either party may cancel the affected service without penalty.

26. Complaints and dispute resolution

Our Complaints Handling Policy explains how we handle complaints and the timeframes we work to. If we cannot resolve a dispute, the Telecommunications Industry Ombudsman (1800 062 058, tio.com.au) provides free, independent dispute resolution. For non-TIO disputes, the parties agree to attempt good-faith negotiation, and then mediation, before starting court proceedings, except where urgent relief is needed.

27. General

• Notices: we send notices to your portal, email or mobile number on file; you can send notices to [email protected]. Keep your contact details current.
• Assignment: we may assign this agreement to a related or acquiring entity that can perform it; you may not assign without our consent, which we won't unreasonably withhold.
• Severability: if part of this agreement is unenforceable, the rest continues to apply.
• Entire agreement: the documents in clause 1 are the entire agreement between us about your services.
• Governing law: this agreement is governed by the laws of New South Wales, and courts with jurisdiction there.

Part B — Service schedules

Schedule 1 — Mobile services

• Mobile plans are month to month with no lock-in and no early-exit charges.
• Your service activates when you (or we, at your request) activate the SIM or eSIM; billing starts on activation, not delivery. Multi-SIM orders are supplied as physical SIMs; eSIMs are set up one at a time.
• Included allowances (calls, texts, data, data banking) are as per your Critical Information Summary and are subject to the Fair Use Policy. Unused included data banks up to your plan's cap where the plan includes data banking, and is forfeited on cancellation.
• International calls, international SMS and roaming are charged at published rates in addition to your plan. Roaming must be enabled before travel and can be disabled at any time from your portal.
• Porting a number in requires the details of your current account and, for prepaid services, your date of birth; we start the port only when you ask us to from your portal.
• The mobile network reaches most Australians but not all locations; check the coverage map for your addresses before purchase.

Schedule 2 — nbn® services

• nbn plans are month to month with no lock-in and no early-exit charges.
• Availability and technology type (such as FTTP, FTTN or HFC) are determined by the nbn rollout at your address; the connection may require an appointment and, for some technologies, equipment installed at your premises which remains the property of nbn co.
• Advertised speeds are typical evening speeds; your attainable speed depends on your technology type and line, and we will tell you if your line cannot support the speed tier you chose so you can move tiers or exit without penalty.
• Power outages: nbn services — including any phone service carried over them — do not work in a power outage unless battery backup applies to your equipment and technology. Do not rely solely on an nbn service to reach 000; keep a charged mobile available.
• An optional pre-configured modem is available at purchase; you may instead use your own compatible modem, which you are responsible for configuring and supporting.
• Moving house? See clause 18 — connections at a new address may attract nbn new-development charges, quoted before you proceed.

Contact

Shift Mobile and Internet Pty Ltd · 1300 744 388 · [email protected]