If you purchase a handset for a service at a subsidised price before 1 October 2010, you can select a

If you purchase a handset for a service at a subsidised price before 1 October 2010, you can select a

24 month MMSP with a handset, as determined by us, at a subsidised price (“Microsoft Services Plan with Handset”).

At the end of your 24 month contract term, the service will continue on the same Microsoft Services Plan with Handset and, if applicable, the Microsoft Mobile Voice Plan, on a month to month basis in accordance with these Our Customer Terms and our agreement (if applicable).

32. If you purchase a handset for a service outright:

    1. Before 1 October 2010, you can select for that service:

       1. a 24 month MMSPservice only (“Microsoft SIM Only Services Plan”); or

       2. a month to month MMSP service only (“Microsoft SIM Only Casual Services Plan”);

    2. on or after 1 October 2010, you can select for that service a Microsoft SIM Only Services Plan for a contract term that will commence on the date of purchase and cease on 30 September 2012.

At the end of your contract term, the service will continue on the same Microsoft SIM Only Services Plan and, if applicable, the Microsoft Mobile Voice Plan, on a month to month basis in accordance with these Our Customer Terms and our agreement (if applicable).

33. If a 24 month MMSP is no longer available to new customers at the end of the contract term for any service connected to that plan, we may transfer the service to any other current plan which is reasonably comparable. We will tell you before this happens.

34. If you have connected a service to a Microsoft Services Plan with Handset and you cancel or move from the Microsoft Services Plan with Handset for that service (including if you move to another MMSP) before the end of your 24 month contract term, you will be deemed to have cancelled your Microsoft Services Plan with Handset and, if applicable, your Microsoft Mobile Voice Plan, and will be liable to pay us the Early Termination Charge (“ETC”) for the Microsoft Services Plan with Handset as set out below.

35. If you have connected a service to a Microsoft SIM Only Services Plan before 1 October 2010 and you cancel or move from the Microsoft SIM Only Services Plan for that service (including if you move to another MMSP), before the end of your 24 month contract term you will be deemed to have cancelled your Microsoft SIM Only Services Plan and, if applicable, your Microsoft Mobile Voice Plan, and will be liable to pay us an ETC for the Microsoft SIM Only Services Plan as set out below.

36. If you cancel your Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan connected to any of your services and do not move your service to another Eligible Mobile Voice Plan, the MMSP for that service will also be automatically cancelled and relevant ETC must be paid (if any) for any Eligible Mobile Voice Plan and the applicable MMSP.

37. You may cancel a MMSP connected to any of your services at any time, subject to you paying the applicable ETC (if any) under the relevant MMSP. You do not have to pay the ETC if your cancellation is a result of our material breach.

38. If you cancel a MMSP (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 MMSP Monthly Fee for the month in which you cancel the plan) except for fees or charges paid by you otherwise on account or in advance for services which have not been provided.

39. Without limiting any right of ours as set out in Our Customer Terms and our agreement (if applicable), if we reasonably believe that any service connected to a MMSP:

    1. is not being used for the purposes for which the MMES is provided;

    2. has breached our FairPlay Policy; or

    3. has breached the terms of Our Customer Terms or our agreement (if applicable).

we may:

4. disconnect or suspend the service, including any Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan service; and

5. cancel the MMSP and, if applicable, any Microsoft Mobile Voice Plan to which the service is connected.

If we disconnect or suspend any service in these circumstances, you will continue to be charged and will continue to be liable for all fees and charges (including the Monthly Fees) set out below for the MMSP and, any Microsoft Mobile Voice Plan or Eligible Mobile Voice Plan to which the service is connected.

40. The amount payable as an ETC for termination of a MMSP connected before 1 October 2010 is calculated as follows:

ETC payable

=

Base ETC Amount x Number of months (or part thereof) remaining in your 24 month term 24 (GST incl)