Tracertrak - Terms & Conditions

Terms & Conditions

Summary of Standard Agreement for Pivotel Service

1) This is a summary of the terms and conditions for your Pivotel Service. The full terms and conditions are contained in Pivotel's Standard Agreement which is available on request from Pivotel Satellite Pty Limited ABN 81 099 917 398 ("Pivotel"), and at www.pivotel.com.au . The Standard Agreement is binding on you.

2) The Pivotel Service may include access to any of the following Services, all of which are acquired by the Customer from Pivotel:

Globalstar/CDMA Service: which incorporates both the Globalstar Service and the CDMA Service. The Globalstar Service provides the Customer with access to the Globalstar Network within the coverage area of the Globalstar Network in Australia. Pivotel provides the CDMA Service using the Telstra CDMA Network within the coverage area of the Telstra CDMA Network, and for the period until the Telstra CDMA Network is closed. The Telstra CDMA Network is scheduled to close no earlier than 28 April 2008.
Globalstar/GSM Service: which incorporates both the Globalstar Service and the Swift Service. The Globalstar Service provides the Customer with access to the Globalstar Network within the coverage area of the Globalstar Network in Australia. Pivotel provides the Swift Service using the Vodafone Network within the coverage area of the Vodafone Network, which is capable of supporting both 2G/GSM Services and 3G Services.
Iridium Service: Pivotel provides the Iridium Service using the Iridium Network. The Iridium Service is a SIM based service using a single mode satellite handset. When the SIM is inserted into a GSM Compatible Handset, the Iridium Service incorporates the Swift Service. Pivotel provides the Swift Service using the Vodafone Network, which is capable of supporting both 2G/GSM Services and 3G Services
Classic Service: Pivotel provides the Classic Service as a standalone 2G/GSM Service using the Telstra Network within the coverage area of the Telstra Network.
Swift Service: Pivotel provides the Swift Service which is capable of supporting both 2G/GSM Services and 3G Services using the Vodafone Network, within the coverage area of the Vodafone Network.
Globalstar Simplex Service: Pivotel provides a one-way messaging service from Globalstar Simplex Devices connected to the Globalstar Simplex Network within the coverage of the Globalstar Simplex Network.
TracerTrak Service: Pivotel provides an Internet based tracking and telemetry service. The TracerTrak service may incorporate the Globalstar Simplex Service, the Iridium Service, the Swift Service, and the Classic Service. The TracerTrak Service is accessed on the Internet using login details which include username, password and account details. The Customer is responsible for maintaining the security of their login details to prevent unauthorised access or use of their TracerTrak account.

3) The Globalstar dual-mode handsets can access either the Globalstar Service or the Cellular Service:

The Globalstar/CDMA dual-mode handset will automatically search for the Globalstar Service when the satellite antenna is extended, otherwise the dual-mode handset will search for the Cellular Service when the Telstra CDMA Network can be found. The Globalstar/CDMA dual-mode handset requires one subscription and one mobile number for both the Satellite and the Cellular Service.
The Globalstar/GSM dual-mode handset may be set to automatically search for the Cellular service and only look for the Globalstar Service once you move outside the Vodafone GSM coverage, or the Vodafone GSM network cannot be found. Similarly the Globalstar/GSM handset may be set to automatically search for the Globalstar Service and only look for the Cellular Service when the Globalstar Service cannot be found. The Globalstar/GSM dual-mode handset requires one SIM card for both the Globalstar Service and the Cellular Service.

4) In order to make and receive calls in using either the Globalstar Service or the Iridium Service, the handset antenna must be extended upwards towards the sky and you must have a clear view of the majority of the sky. Both the Globalstar Service and the Iridium Service each provide coverage across mainland Australia, Tasmania and up to 500 nautical miles out to sea. Some exclusion zones and coverage restrictions apply.

5) For the Globalstar/CDMA and Globalstar/GSM dual-mode services, the Globalstar Service is billed at the Globalstar rates and the Cellular Service is billed at Cellular rates. The Globalstar rates will generally be higher than Cellular rates for equivalent calls. The Iridium Service at the Iridium rates, the Classic Service at the Classic rates, the Swift Service at the Swift rates, the Globalstar Simplex service at the Globalstar Simplex rates, and the TracerTrak service at the TracerTrak rates.

6) When receiving calls to Pivotel Services, the calling party will pay the usual charges for calls made to a mobile handset. When using Globalstar mode on some Pivotel pricing plans, you must pay charges for calls you both make and receive. For these pricing plans, ordinary calls received by you in Satellite mode will be billed to you (unlike the Cellular Service).

7) You agree that Pivotel 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 Pivotel 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 Pivotel;
Pivotel 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
Pivotel may disclose personal information or documents about you to Law Enforcement agencies to assist in the prevention of criminal activities.

8) Pivotel may require a security deposit from you depending on Pivotel's assessment of your creditworthiness. The Standard Agreement set out circumstances and terms under which a security deposit is required and managed by Pivotel.

9) If you request us to, or we validly discontinue your connection within your initial term, you must pay us:

the access charges for the remaining months of the initial term;
an early termination fee as set out in the tariff which forms part of the Standard Agreement (Tariff); and
all outstanding fees and charges payable by you for the Pivotel Service.

10) We will invoice you for the Pivotel Services in accordance with the pricing plan you have selected on your application form. You can obtain a copy of our fees and charges for this pricing plan from us upon request by calling our Customer Care team on1300 882 448. We may vary these fees and charges from time to time.

11) Unless otherwise agreed, we will invoice you monthly and post a copy of your invoice to your nominated billing address. You must pay each invoice within 14 days from the date of the invoice (unless you have arranged with us to pay your invoices by direct debit or credit card). We may charge you interest on overdue accounts and a late payment fee which is set out in the Standard Agreement (Tariff). You will be responsible to pay for all calls made using the Pivotel Service even if you did not make them.

12) Although we will take all reasonable steps to make sure you receive the Pivotel Service within the relevant coverage area for the Service, the Pivotel Service is not free from faults or interruptions. Certain factors, such as network congestion, satellite or satellite gateway downtime and maintenance, and obstructions or interference such as that encountered in buildings may mean you will not receive the Pivotel Service in certain areas at certain times.

13) We retain ownership of the SIM card if one is provided for your Pivotel Service. You must return this to us upon disconnection of the Pivotel Service. We may charge you a SIM card replacement fee if you fail to return the SlM card within 30 days from disconnection. Please inform us immediately if you lose, or damage is caused to, your SIM card. We will then disconnect or bar your connection (you will be responsible for all usage charges up to that time) until the SIM card is replaced or repaired. We may charge you a SIM replacement fee unless we were at fault.

14) If you have a complaint about your Pivotel Service you should try to resolve it first with Pivotel by contacting us on 1300 882 448, or informing us by email to , or by writing to us at Pivotel Satellite Pty Limited, Locked Bag 100, Southport Mail Centre QLD 4215. 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.

15) 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;
if the breach relates to services, the re-supply of those services, or paying for the cost of having those services re-supplied.

16) You cannot assign your Pivotel Service agreement without our consent. We can assign or novate the agreement to our nominee without your consent.

17) There are certain events that may result in us suspending, restricting or disconnecting your Pivotel Service. These events are set out in the Standard Agreement.

18) We may vary the terms of the Standard Agreement from time to time. If the variation is detrimental we will advise you of the variation by placing a notice in your bill or otherwise writing to you in a manner which complies with the Telecommunications Act 1997 (Cth).