Common use of Changing the Agreement Clause in Contracts

Changing the Agreement. 2A.1 When can we make changes to fixed length or non fixed length agreements? a) the change will benefit or will not adversely affect you; b) you agree to the change; or c) we: i. reasonably expect the change to adversely affect you; and ii. give you reasonable notice of the change; and, iii. if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? a) When we have to give you notice of a change on fair terms, we will: i. give you 21 days notice in writing of the change before the change occurs, and ii. offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. the service is cancelled during a billing cycle; or ii. the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 2A.6 Changes that we can make to fixed length agreements, even if the change a) If the agreement is a fixed-length agreement, we can make changes to the agreement even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ or call Customer Service for further information; ii. if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We would consider it fair and reasonable for us to make a change to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. b) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change impacts you we will: i. wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, still try to give you at least 21 days notice in writing of the change , and ii. give you 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. will offer you the right to cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and ii. may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you:   if we decrease a call charge or access fee; or if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on   Withdrawing a minor feature of the service; Changing the content available with your service;  a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement without first obtaining our consent.

Changing the Agreement. 2A.1 When can we make changes to fixed length or non fixed length agreements? a) the change will benefit or will not adversely affect you; b) you agree to the change; or c) we: i. reasonably expect the change to adversely affect you; and ii. give you reasonable notice of the change; and, iii. if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill xxxx message or bill xxxx insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? a) When we have to give you notice of a change on fair terms, we will: i. give you 21 days notice in writing of the change before the change occurs, and ii. offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. the service is cancelled during a billing cycle; or ii. the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 2A.6 Changes that we can make to fixed length agreements, even if the changechange impacts you a) If the agreement is a fixed-length agreement, we can make changes to the agreement even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ xxxx://xxx.XxxxXXX.xxx.xx/ or call Customer Service for further information; ii. if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We would consider it fair and reasonable for us to make a change to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. b) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change impacts you we will: i. wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, still try to give you at least 21 days notice in writing of the change , and ii. give you 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. will offer you the right to cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and ii. may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you:   • if we decrease a call charge or access fee; or • if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on   • Withdrawing a minor feature of the service; • Changing the content available with your service;  • a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement without first obtaining our consent.

Changing the Agreement. 2A.1 When can we make changes to fixed length or non fixed length agreements? a) the FIXED LENGTH AGREEMENTS We may not change will benefit or will not adversely affect you; b) you agree to the change; or c) we: i. reasonably expect the change to adversely affect you; and ii. give you reasonable notice certain terms of the change; and, iii. if your agreement is a fixed length agreement 21.1 Subject to this section 21, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a We cannot change to fees during the term of a fixed length agreement which impacts you and it unless, either; 1. The change is not of the type listed in clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below result of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? a) When we have to give you notice of price from a change on fair terms, we will: i. give you 21 days notice in writing of the change before the change occurs, and ii. offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on supplier for an input which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. is required for your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. the service is cancelled during a billing cycle; or ii. the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 2A.6 Changes that we can make to fixed length agreements, even if the change a) If the agreement is a fixed-length agreement, we can make changes to the agreement even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ or call Customer Service for further information; ii2. if the The change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We would consider it fair and reasonable for us to make a change to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates pursuant to your use of, and charges you must pay us for use of, the serviceclause 21.11; 3. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. b) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the The change is in relation to a fee or charge that accounts for a service ancillary tax imposed by law, pursuant to the supply clause 21.9; 4. The change is in relation to a solely administrative fee, pursuant to clause 21.10; 5. The change is in relation to a type of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use type of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, charge which is expressly identified as variable in the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-fixed- length agreement, we can including as expressed in clauses 21.9-21.11 or your service description; or 6. You agree to the change. 21.2 If We change the fees of a fixed length agreement under one of the exemptions specified in clause 21.1, We may only change fees in accordance with the procedures of this section 21. 21.3 We may change any term of the agreement not precluded by clause 21.1 if; 1. You agree to the change; or 2. We make the change in accordance with the relevant elements of this section 21. 21.4 We may immediately and without notice to You make changes to the agreement, if agreement where We reasonably expect a change to our agreement will have; 1. a positive effect on You; or 2. a neutral effect on You. 21.5 If You can demonstrate that the change is to increase the price of a content or premium service (where we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change impacts you we will: i. wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, still try to give you at least 21 days notice in writing of the change , and ii. give you 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have has neither a neutral or minor detrimental impact positive effect on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change You and has had more than a minor detrimental impact on you You, and the change is not a change of a the type described specified in paragraph 2A.6 we: i. clauses 21.9-21.11, then We will offer you You the right chance to cancel the that service without incurring fees or charges other than:on fair terms. A. usage charges or access fees (incurred 21.6 We may, subject to clause 21.7, make changes to the date agreement where We reasonably expect a change to our agreement will; 1. have a detrimental impact on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party)You; and ii2. We believe that detriment is no more than minor. 21.7 If We change our agreement in accordance with clause 21.6, We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may offer you an alternative remedy to address not be possible; and 2. Individually notify You in writing of the impact change within 90 days of the change taking effect. 21.8 If You can demonstrate that the change has had on you. Some examples of a change that would benefit you:   if we decrease a call charge or access fee; or if we offer a new feature of the service. Some examples of a change that we consider would have more than a minor detrimental impact on   Withdrawing You, and is not a minor feature change of the service; Changing type specified in clauses 21.9-21.11, then We will offer You the content available with your service;  a small increase in a content charge. An example of a change chance to cancel that would have a neutral impact service on you would be changing the URL or website address for accessing information using the servicefair terms. 2A.8 How can you change anything in the agreement? Unless expressly allowed in 21.9 We may make changes to the agreement, you canincluding increasing or introducing new charges, to take account of taxes imposed by law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effect. 21.10 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facility, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 21.11 We may make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change three days prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has occurred. 21.12 If We seek to make a change which affects You but that is not covered by clauses 21.1-21.11, We may make the change by: 1. Individually notifying You at least thirty days prior to the change taking effect; and 2. Offering You an opportunity to cancel the agreement without first obtaining for the affected service on fair terms within thirty days from the date of our consentnotice.

Changing the Agreement. 2A.1 When can we ONGOING AGREEMENTS We may change all terms of an ongoing agreement 22.1 We may change any term of the agreement if: 1. We get your consent; or 2. We make the change in accordance with the relevant elements of this section 22. 22.2 We may immediately, and without notice to You make changes to fixed length or non fixed length agreements? a) the agreement where We reasonably expect a change to our agreement will benefit or will not adversely affect youhave; b) you agree to the change1. a positive effect on You; or c) we:2. a neutral effect on You. i. 22.3 We may, subject to clause 22.4, make changes to the agreement where We reasonably expect the a change to adversely affect youour agreement will; 1. have a detrimental impact on You; and ii2. give you reasonable notice We believe that detriment is no more minor. 22.4 If We change our agreement in accordance with clause 22.3, We will: 1. Endeavour to individually notify You of the changechange prior to the change taking effect, although at times this may not be possible; and, iii2. if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in clauses 2A.6 or 2A.7 below, we must give you notice Individually notify You in writing of the change on fair terms and within 90 days of the right to cancel the servicechange taking effect. (b) If we 22.5 We may make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement including increasing or introducing new charges to take account of taxes imposed by email)law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or although at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change.times this may not be possible; and 2A.5 What do we mean by fair terms? a) When we have to give you notice of a change on fair terms, we will: i. give you 21 days notice 2. Individually notify You in writing of the change before within 90 days of the change occurs, taking effect. 22.6 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and ii2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. You a reasonable alternative administrative facility, and the service is cancelled during conditional upon access to such a billing cycle; or ii. the change related facility, offer You an opportunity to a price increase cancel that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpaymenton fair terms. 2A.6 Changes that we can 22.7 We may make to fixed length agreements, even if the change a) If the agreement is a fixed-length agreement, we can make any changes to the agreement even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming which are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ or call Customer Service for further information; ii. if the change is required by law or is in relation to a fee are necessary for security reasons, fraud prevention or charge to account for a tax imposed by law and it is fair and reasonable for us to do sotechnical reasons. If we expect You will be affected by the change We will: 1. Endeavour to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing individually notify You of the changechange prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We would consider it fair and reasonable for us reasonably can or as soon as possible after the change has taken effect. 22.8 If We seek to make a change which affects You, but that is not covered by clauses 22.1-22.7, We may make the change by: Individually notifying You at least thirty days prior to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to youchange taking effect. b) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change impacts you we will: i. wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, still try to give you at least 21 days notice in writing of the change , and ii. give you 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. will offer you the right to cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and ii. may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you:   if we decrease a call charge or access fee; or if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on   Withdrawing a minor feature of the service; Changing the content available with your service;  a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement without first obtaining our consent.

Changing the Agreement. 2A.1 When can we make changes to fixed length or non fixed length agreements?? We can make any type of change to a fixed length agreement or a non-fixed length agreement if: (a) the change will benefit or will not adversely affect you; (b) you agree to the change; or (c) we: i. (i) reasonably expect the change to adversely affect you; and (ii. ) give you reasonable notice of the change; and, (iii. ) if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? (a) When we have to give you notice of a change on fair terms, we will: i. (i) give you 21 days notice in writing of the change before the change occurs, and (ii. ) offer you the right to cancel the service within 42 days from the date of our notice in writing. (b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. (i) we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) (ii. ) you will only have to pay A. (A) your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). (c) If you have overpaid for the service because i. (i) the service is cancelled during a billing cycle; or (ii. ) the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 2A.6 Changes that we can make to fixed length agreements, even if the change (a) If the agreement is a fixed-length agreement, we can make changes to the agreement even if they impact you, i. (i) if the change is in relation to the cost of international services or roamingservices. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ or call Customer Service for further information;tell (ii. ) if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We would consider it fair and reasonable for us to make a change to the agreement to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on a tax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. (b) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. (i) use of a reasonable alternative at no fee or charge, or or (ii. ) a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), (c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us). If the change impacts you we will: i. (i) wherever possible, still try to give you at least 21 days notice in writing of the increase in price if you have used the content or premium service within the previous six (6) months, and (ii. ) allow you to elect to not use the content or premium service without attracting any additional charges, (d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. (i) whenever possible, still try to give you at least 21 days notice in writing of the change , anddays (ii. ) give you 42 days from the date of the notice in which you may cancel the service without incurring fees or charges other than: A. (A) usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you (a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. (b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. (i) will offer you the right to cancel the service without incurring fees or charges other than: A. (A) usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and (ii. ) may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you:   if we decrease a call charge or access fee; or if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on   Withdrawing a minor feature of the service; Changing the content available with your service;  a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement without first obtaining our consent.