• View the Talk Down Under Standard Consumer Terms (PDF)

Contract Term

The minimum contract term is outlined on the plan type.

Activation Fee

A $15.00 activation fee applies with each plan. This fee is waived if a handset is purchased with the plan.

Payment

Direct debit from your credit card or Australian bank account only – Payment is debited from the credit card that is initially used to set up the order – these details can be changed at any time by contacting Customer Care on Free Call 1800 864 766 during normal business hours or via email info@talkdownunder.com.au . Mobile phones are available at time of advertising and may change.

If your account is in credit when the service is terminated, your nominated credit card will be credited this amount minus AUD$2 plus GST administration fee.

Credit Card Information

Talk Down Under has a strict privacy policy and credit card information is handled and treated with the highest security and integrity. Please read our Privacy policy for further information or please do not hesitate to contact customer care on Free Call 1800 864 766 or email info@talkdownunder.com.au  for more information.

Cap Plans

Call types included in Cap Plans

• Standard voice calls (local, national, mobile).
• Push to Talk
• National / International Text (SMS)
• National Photo Messaging (MMS)
• VoiceMail
• National Video Calling

Please note: Calls and text are charged at standard rates when included value is exhausted. Included Value does not roll over.

Plans are only available for new or eligible existing customers who apply to connect to the Optus Mobile Digital service, and pass the TDU credit assessment and who are accepted by TDU.

Direct debit from Credit Card or Australian Bank Account Only.

Contract Term: The Plan is available on a month to month basis.

$49 &$79 Cap Plans

Included call credits on the $49 & $79 Cap Plan includes National Voice and Video Calls, National and International SMS, PTT up to 150 minutes a month, Voicemail Diversions, Voicemail Deposits and Retrievals, National MMS, 1800, 13 and 1300 numbers.

The 49 &79 Cap included value excludes International Voice Calls, International Roaming, Premium SMS, International MMS, Optus Zoo Browsing, Optus Zoo Downloads, Directory Assistance-1223, 124YES, 19xx numbers, Content packs (unless specified in the promotion), Mobile Internet Usage, Mobile IM usage, FindA usage, True Local usage and VoIP services.

Optus Yes Time offer may be selected on this plan. Offer expires 30/06/2009. Optus Fair GoTM Policy applies up to 2000 minutes per month. Yes Time: Only applies to calls made and received within Australia and made between 8pm and midnight every night. Applies to calls from one Optus Mobile Digital customer to another (on the Optus GSM network), for no charge for the first 20 minutes per call, after which standard mobile rates of your eligible plan apply. 'yes' Time is a special promotion valid until 30/06/2008 unless withdrawn earlier. Optus Fair GoTM Policy applies up to 2000 minutes per month.

The 'TDU $79 Cap + Unlimited Text (the Plan)
On the Plan you will pay the first $79 worth of National Voice and Video Calls, Standard National and International SMS, PTT up to 150 minutes a month, Voicemail Diversions, Voicemail Deposits and Retrievals, National MMS, 1800, 13 and 1300 numbers after which these services are free up to a maximum of the $550 per billing period. You will pay a minimum amount of $79 per month even if you do not make $79 worth of calls. For the part month, you will pay only part of the minimum spend and you will also receive only part of the Cap amount. You may not able to view your monthly usage prior to receiving your bill. Check with sales staff when you connect. If you exceed the $550 of these services in any one billing period, standard rates of your plan will apply.

Included Value: on the Plan includes National Voice and Video Calls, Standard National and International SMS, PTT up to 150 minutes a month, Voicemail Diversions, Voicemail Deposits and Retrievals, National MMS, 1800, 13 and 1300 numbers.

Exclusions: The Plan included value excludes 124 YES (937), International Voice, International Video, International Roaming and Diversion, International MMS, International Video Calling, calls to MobileSat, Mobile IM - Instant Messaging, FindA and TrueLocal usage, Premium SMS, Optus Zoo Browsing, Optus Zoo Downloads, Content packs, Mobile Internet Usage, 966* Zoo, Directory Assistance, VOIP services and usage, Premium Video, Operator Assistance, Video Conferencing and 19XX services. Normal charges apply for those calls and services that are not part of the included value.

Unlimited SMS Offer: is only applicable for standard SMS sent and received within Australia. Offer excludes International SMS and MMS, National MMS, Premium SMS and Instant Messaging (IM). The unlimited SMS offer only applies to standard personal SMS and is not to be used for commercial purposes.

Optus Fair Go Policy applies.
yes Time: may be selected on this plan. Offer expires 31/03/2009. Optus Fair GoTM Policy applies up to 2000 minutes per month. Only applies to calls made and received within Australia and made between 8pm and midnight every night. Applies to calls from one Optus Mobile Digital customer to another (on the Optus GSM network), for no charge for the first 20 minutes per call, after which standard mobile rates of your eligible plan apply.
Photo Message (MMS): International MMS is charged at 75c per message sent, per recipient. 2. Optus Email MMS is charged at 50c per message sent (one message can be sent to multiple recipients.) 3. Charges apply regardless of successful delivery or not 4. If an MMS message is sent to a handset or network that is not Optus MMS enabled or compatible, the message recipient will be sent an SMS. You will still be charged for sending an MMS.
Optus Push to Talk (PTT): 1. To use PTT you must have an Optus compatible handset with the PTT service. 2. The PTT service is only available for use between customers on the Optus GSM network. 3. Message delivery success, message delivery time and call initiation time may be variable. 4. You will incur the daily fee in any 24 hour period, from 3.00am Sydney EST, that you initiate a PTT call on the service. You will be charged $0.95 per day. Optus Fair GoTM Policy applies up to 150 minutes per month.

Optus 3G/HSPA/'yes'G Service:

1. Use of Optus 3G/HSPA/'yes'G Service is only available with compatible handsets, an Optus 3G/HSPA/'yes'G SIM card and you must be in a Optus 3G/HSPA/'yes'G coverage area. For coverage details on Optus 3G/HSPA and 'yes'G please see www.optus.com.au/coverage. 3. UMTS2100 band handsets will provide you with access to Optus 3G services in Optus 3G/HSPA 2100MHz service areas. Dual band UMTS900/2100 band handsets will provide you with access to Optus 3G services in Optus 3G/HSPA/'yes'G 900MHz and 2100MHz service areas. 4. Actual network speeds both upload and download may vary depending on the type of device in use, location and the number of users accessing the network at the time. Speeds refer to maximum download speeds. Upload speeds will be lower than download speeds.
Mobile Data, Optus Zoo & MyZooNow: Optus Zoo activation time may take up to 24 hours. Optus will endeavour to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus Zoo Update service. Content may be suspended, changed, or terminated without notice. Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G/HSPA and may not include all content and features of Internet websites. Mobile data is supplied in accordance with the terms of the Standard Form of Agreement. You must comply with these terms including our Acceptable Use Policy and Mobile Fair GoTM Policy when using the service. The service provides a connection to the Internet via the Optus Mobile 3G/HSPA and GSM networks. The service is only available to customers within the Optus 3G/HSPA or GSM coverage area and is subject to network availability, refer to www.optus.com.au/coverage. You need to have 2.5G or 3G network compatible mobile phone which is provisioned with the required settings to activate data use. Mobile IM: Customer will need to sign up and receive user credentials from MSN Messenger and/or Yahoo! Messenger on the Internet. Compatible handsets only. Optus Fair GoTM Policy applies on the pay as you go rate, up to 1MB per day, on the monthly option up to 10MB per month.

A: Only available on XHTML supported handsets. Additional data charges will apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G and may not include all content and features of Internet websites. When using FindMe or Directions, your location is not stored or relayed to Optus or any of its content partners at any time while you are using the service. Customers may unsubscribe from the FindA monthly option at any time, however will not have unused amount from monthly option refunded. Optus Fair GoTM Policy applies on the monthly option up to 300 Maps downloaded per month. Optus advises that the FindA service will be closing on 31 July 2008, you will not be able to renew your subscription from June 26 2008. Friend FindA: The service should not be used as a security or tracking service to locate the whereabouts of children or adults. Optus Fair GoTM Policy applies on the monthly option up to 60 successful location requests per month. Optus advises that the Friend FindA service will be closing on 31 July 2008. You still can locate your friends until this date, but from June 26, invitations to new buddies or new registrations will not be allowed. Also, if you use the monthly subscription billing option, you will not be able to renew your subscription from 26 June 2008 due to the Friend FindA service closing on 31 July 2008.
Optus Fair GoTM Policy applies to: PTT usage up to 150 minutes per month, international calls up to 50 minutes per month, Mobile IM on the pay as you go rate up to 1MB per day, on the monthly option up to 10MB per month, FindA on the monthly option up to 300 Maps downloaded per month, use of unlimited text to personal use only.
Rate Plan Change: After the first 6 months of your contract, once a month you may change to another Optus Mobile Rate Plan with a lower monthly access fee at Optus' discretion for the remaining term of your contract. We may charge you a fee if you move from one pricing plan to another before the end of your minimum term. The amount of the fee will depend on various factors, including the terms of your current pricing plan, your call spend under your current pricing plan and the terms of the new pricing plan you are moving to. You should contact customer service for further information on the fee that may apply in your case. Depending on the billing system you are on, if you select a new rate plan/ plan option: 1.any calls made from the date of the change, will be rated at the applicable rate of your new plan /plan option or 2.any calls made during that bill cycle will be rated at the applicable rate of your new plan and/or call option. Enquire on the options applicable to you at the time of changing your plan and 3. any mobile data used from the date of the change, will be rated at the applicable rate of your new plan/plan option.
Change of Ownership: is permitted during the 24 month contract providing the new applicant meets Optus credit assessment criteria and both the current and new owner agree to the conditions on the Optus Change of Ownership form. Customers changing account ownership will not be eligible for Plan Scan.

Prices quoted are GST inclusive, on your Tax Invoice call charges will be calculated excluding GST. GST will be calculated on the total amount of taxable supplies during the billing period and shown as a separate entry. Optus reserves the right to change prices including call rates and monthly access fees at any time.

True Local: Only available on XHTML supported handsets. Data charges will apply to access the service. Content is tailored for viewing on Optus 3G and may not include all content and features of Internet websites. When using True Local your location is automatically accessed to allow provision of correct service information while you are using the service. Should you click on a banner advertisement, a response will be sent to you on an opt-in basis.

Unlimited $129 Plan

Call types included in your $129 Unlimited Plan

• Standard voice calls (local, national, GSM mobile).
• National Video Calling
• National Text (SMS)
• National Photo Messaging (MMS)

On the Plan you will pay the first $129 worth of National Voice and Video Calls, Standard National SMS, PTT, National MMS after which these services are unlimited. You will pay a minimum amount of $99 per month even if you do not make $99 worth of calls. For the part month, you will pay only part of the minimum spend. You may not able to view your monthly usage prior to receiving your bill. Check with sales staff when you connect.
Unlimited value: on the Plan includes National Voice and Video Calls, Standard National SMS, PTT, National MMS. The unlimited offer only applies to standard personal calls and text only and is not to be used for commercial purposes. Optus Mobile Fair Go Policy applies.

The Plan includes 2GB of data to access services on Optus Zoo, as well as browsing the Internet from your mobile. If you exceed the Plan's included monthly data allowance, excess usage charges will be charged at $0.50 per MB or part thereof. Any unused data allowance cannot be rolled over. Your data allowance does not include services such as Voice calls, Voice Mail, International SMS, Premium and Third Party SMS, MMS, Optus Zoo subscription content and Third Party content and applications, International MMS, 13, 1300, 1800, 1900 numbers. If you are able to access such services, your use of such services will be charged at prevailing rates. Data usage will be counted in kilobytes, where 1024kb = 1MB and includes both uploads and downloads.

Exclusions: The Plan unlimited value excludes 124 YES (937), International Voice and SMS, International Video, International Roaming and Diversion, International MMS, International Video Calling, 1800, 13 and 1300 numbers, calls to MobileSat, Mobile IM - Instant Messaging, FindA and TrueLocal usage, Premium SMS, Optus Zoo Browsing, Optus Zoo Downloads, Content packs, Mobile Internet Usage, 966* Zoo, Directory Assistance, VOIP services and usage, Premium Video, Operator Assistance, Video Conferencing and 19XX services. Normal charges according to your rate plan apply for those calls and services that are not part of the included value.

Mobile Internet, Optus Zoo & MyZooNow: Optus Zoo activation time may take up to 24 hours. Optus will endeavour to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus Zoo Update service. Content may be suspended, changed, or terminated without notice. Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G/HSPA and may not include all content and features of Internet websites. Mobile data is supplied in accordance with the terms of the Standard Form of Agreement. You must comply with these terms including our Acceptable Use Policy and Mobile Fair GoTM Policy when using the service. The service provides a connection to the Internet via the Optus Mobile 3G/HSPA and GSM networks. The service is only available to customers within the Optus 3G/HSPA or GSM coverage area and is subject to network availability, refer to www.optus.com.au/coverage. You need to have 2.5G or 3G network compatible mobile phone which is provisioned with the required settings to activate data use. Mobile IM: Customer will need to sign up and receive user credentials from MSN Messenger and/or Yahoo! Messenger on the Internet. Compatible handsets only. Optus Fair GoTM Policy applies on the pay as you go rate, up to 1MB per day, on the monthly option up to 10MB per month.

Optus Fair GoTM Policy applies to: : PTT usage up to 150 minutes per month, international calls up to 50 minutes per month, Mobile IM on the pay as you go rate up to 1MB per day, on the monthly option up to 10MB per month, FindA on the monthly option up to 300 Maps downloaded per month, use of unlimited calls and text to personal use only.

All amounts advertised include GST.

Corporate Plans

Minimum contract term 12 months.
Minimum number of services to activate on plans is 5.
Minimum Spend is $119.50 on the $9.95 plan (per plan) and $300.00 on the $25 Plan (per plan)
Early termination fee =  minimum monthly spend by months left on contract.
Calls are billed in 30 second blocks.
All amounts advertised include GST.

SIM Card Swap (replacement)

A SIM Card charge of $15 applies if a SIM swap is required, due to loss of SIM Card.

Automatic Account Deduction

Talk Down Under reserves the right to automatically deduct your credit card or Australian bank account when your monthly invoice reached $150.00. You will be notified by email if Talk Down Under direct debits your account. If the direct debit fails your service will be suspended immediately until payment is made.

International Calls

International calls from your Talk Down Under services are made by calling 1300 307 700 before your international number (on most handsets this is pre programmed into speed dial 2. Services connected post 30th April will not be able to make  International Calls directly from your mobile without using the 1300 307 700 feature. If you want international calls without using the 1300 number activated please call Talk Down Under customer service. International Call Rates apply.
Countries that can be called from your Talk Down Under Service using 1300 307 700

Further  Service  Details

1. Use of Optus 3G or HSDPA Service only available with compatible handsets and Optus USIM card. Video Calling is only available between video capable handsets within 3G or HSDPA coverage area. If you or the other person on the video call move out of the 3G or HSDPA coverage area, your video call will drop out and you will only have the option to call the person back with a voice call.

2. To access 3G services you must be in a 3G or HSDPA coverage area. Optus’ 3G network coverage is available in selected areas of Sydney, Melbourne,Geelong, Canberra, Brisbane and Gold Coast, central Adelaide and central Perth. For coverage details including HSDPA coverage please see www.optus.com.au/coverage.

3. Actual network speeds both upload and download may vary dependent on the type of device in use, location and the number of users accessing the network at any given time. Speeds refer to maximum download speeds. Upload speeds will be lower than download speeds.

Text Message (SMS) Terms and Conditions:

Message charges may be incurred for up to eight days from the original send date regardless of successful delivery or not. International text messages are charged at 50¢ per message. Optus MMS and Optus Email MMS Terms and Conditions: 1. International MMS is charged at 75¢. Charges apply per message sent per recipient regardless of successful delivery or not.

2. Optus Email MMS is charged at 50¢ per message sent (one message can be sent to multiple recipients) regardless of successful delivery or not.

3. If an MMS message is sent to a mobile handset or network that is not MMS enabled or compatible, message recipient will be sent an SMS message. You will still be charged for sending an MMS. Optus Zoo General: Optus Zoo activation time may take up to 24 hours. Optus will endeavor to provide current, accurate information but makes no guarantee regarding the timely delivery, currency, or accuracy of any information provided to you as part of the Optus Zoo Update service. Additional data charges may apply to access and subscribe to third party content. Content may be suspended, changed, or terminated without notice. MyZooNow: Optus is not responsible for third party content, and sites may be subject to change. Additional charges may apply to access and subscription to third party content. Content is tailored for viewing on Optus 3G or HSDPA and may not include all content and features of Internet websites. Mobile IM: Customer will need to sign up and receive user credentials from MSN Messenger and/or Yahoo! Messenger on the Internet.

Standard Terms and Conditions

You agree that this is an application by you for connection to Talk Down Under for the supply of mobile telecommunications services (the Service). You acknowledge that Talk Down Under Pty Ltd may decline your application without providing you a reason. You agree that if your application is accepted by Talk Down Under Pty Ltd your use of the Services will be according to Talk Down Under Pty Ltd’s Standard Agreement (a summary of the material terms of which have been provided to you). You acknowledge that you have read the summary, which includes information relating to you discontinuing your use of the Services either prior to, at the end of, or anytime after the end of your initial term. The summary also advises that fees and charges are payable by you during your agreement with Talk Down Under Pty Ltd.  You can obtain a copy of Talk Down Under Pty Ltd’s standard agreement from Talk Down Under Pty Ltd upon request, or by visiting www.talkdownunder.com Alternatively you can purchase a copy by contacting the Australian Communications and Media Authority. You acknowledge that your agreement to be bound applies even if you are attempting to port a number and the port fails. Additionally you warrant that the information you have provided to Talk Down Under Pty Ltd as set out in this application is accurate. If your application is accepted, you consent to Talk Down Under Pty Ltd using your personal information in accordance with the terms of Talk Down Under Pty Ltd’s Standard Agreement. Your application will be deemed accepted upon your connection to the Service.

SUMMARY OF STANDARD AGREEMENT FOR TALK DOWN UNDER PTY LTD

This is a summary of the terms and conditions for your Service. The full terms and conditions are contained in Talk Down Under Pty Ltd’s Standard Agreement which is available on request from Talk Down Under Pty Ltd Pty ABN 20 126 532 385  (Talk Down Under Pty Ltd) by calling customer care on 1300 665437 or by visiting the Talk Down Under Pty Ltd website at www.talkdownunder.com. The Standard Agreement is binding on you.
Your Service enables you to make or receive a call or send or receive text messages, and to use other available carriage service using Optus 3G network service when your GSM handset is within Optus GSM network coverage areas in Australia
You will have one mobile number for the Service, and one SIM card. You can use your Talk Down Under Pty Ltd SIM card in most GSM phones available in Australia.
The Service is billed at the rates set out in the tariff which forms part of the Standard Agreement (Tariff). A copy of the fees and charges included in the Tariff is available by calling customer care on 1300  665437 or by visiting the Talk Down Under Pty Ltd website at www.talkdownunder.com. We may vary these fees and charges from time to time. When receiving calls the calling party will pay the usual charges for calls made to a mobile handset. Charges apply if you have diverted your number to another fixed or mobile number.
When connecting to Talk Down Under Pty Ltd, you may be subject to a credit limit. If you exceed your credit limit, Talk Down Under reserves the right to debit your credit card or bank account. Outgoing calls from your Service< may be barred until you have made a payment to reduce the outstanding balance of your account. Talk Down Under Pty Ltd shall use its reasonable endeavours to advise you if your Service will be barred due to calls made in excess of the credit limit.
You agree that Talk Down Under Pty Ltd may receive or disclose personal information or documents about you for the following purposes:
to a credit reference agency to obtain a consumer credit report about you and or to allow the credit reporting agency to create and maintain credit information about you. This information may be given before or during the provision of credit to you;
a credit reporting agency may disclose personal information from your consumer credit information file to Talk Down Under Pty Ltd for the purpose of assessing an application for commercial credit by you and for the purpose of collection of payments that are overdue in respect of any commercial credit provided by Talk Down Under Pty Ltd;
Talk Down Under Pty Ltd may exchange information about you with another credit provider to assess an application by you for credit, to notify other credit providers of a default by you, to assess the status of this loan whether you are in default with other credit providers, and to assess your credit worthiness. You acknowledge that the Information exchanged can include anything about your credit worthiness, credit standing, credit history or credit capacity that the credit providers are allowed to exchange under the Privacy Act 1988 (Cth); and
Talk Down Under Pty Ltd may disclose personal information or documents about you to Law Enforcement agencies to assist in the prevention of criminal activities.
Talk Down Under Pty Ltd may require a security deposit from you depending on Talk Down Under Pty Ltd’s assessment of your creditworthiness. The Standard Agreement set out circumstances and terms under which a security deposit is required and managed by Talk Down Under Pty Ltd.
Unless otherwise agreed, we will invoice you monthly and email a copy of your invoice to your nominated email  address. Your nominated credit card or bank account will be debited the due amount  on the invoice within 10 days from the date of the invoice . We may charge you interest on overdue accounts and a late payment fee which is set out in the Tariff. You will be responsible to pay for all calls made using the Service even if you did not make them.
Although we will take all reasonable steps to make sure you receive the Service within the Optus GSM network coverage, the Service is not free from faults or interruptions. Certain factors, such as network congestion, network downtime and maintenance, and obstructions or interference such as that encountered in buildings may mean you will not receive the Service in certain areas at certain times.
1If you have a complaint about your Service you should try to resolve it first with Talk Down Under Pty Ltd by contacting us on 1300  665437 or informing us by email to info@talkdownunder.com, or by writing to us at Talk Down Under Pty Ltd 410 Gilbert Rd, Preston 3072. If you are unhappy with how your complaint is being resolved, you may contact the Telecommunications Industry Ombudsman (TIO) or the Office of Fair Trading in your State or Territory.
You have rights under the Trade Practices Act 1974 (Cth). Subject to that Act, we are not liable to you for any breach of any express or implied terms, conditions or warranties. Where we are unable by law to exclude our liability, but we are permitted to limit our liability,our liability for such breaches is limited, at our choice, to:
if the breach relates to goods, the replacement or repair of the goods; or
if the breach relates to services, the re-supply of those services, or paying for the cost of having those services re-supplied.
You cannot assign your Talk Down Under Pty Ltd agreement without our consent.
There are certain events that may result in us suspending, restricting or disconnecting your Service. These events are set out in the Standard Agreement.