Understand your telco contract

Contract

A contract is the legal agreement between you and your telco. For example, it explains:

• the quality of the products or services you are buying
• what the contract includes and excludes, limits or restricts
• all fees and charges and how long you agree to pay for
• what happens when you decide you no longer want those products or services
• anything else you, or the telco, have to do.

You are entering a contract if you:

• sign a contract document
• agree to the contract over the phone
• agree to the contract in person, such as in a store or shopping centre.

Standard Form of Agreement

Where the terms and conditions are the same for every customer, a telco may use a Standard Form of Agreement (SFOA). They may also call it a 'standard form contract'.

You don't need to sign an SFOA. This type of contract starts automatically once you start using the product or service. If your telco is using an SFOA, they must publish a copy on their website and give you the document if you ask, for free.

Guarantor

Sometimes, the telco may ask you for a guarantor. This is a person who guarantees that you can meet your contract agreements, such as paying bills on time. The guarantor signs a contract on your behalf and is responsible if you break the contract.

It is important the guarantor also understands what they are signing.

If your guarantor signs the contract, they have a 10-business-day cooling-off period. In this time, they may change their mind about being the guarantor.

Read everything carefully, including the fine print, before you sign or agree to a contract:

• Think about how you need to use the service for texting, voice calls and the internet.
• Compare prices and features so you know what different products or services can do.
• Read and keep the Critical Information Summary. This document contains important details about phone and internet services. Telcos have to give you a copy and publish it on their website.

Prepaid mobiles still have a contract. Sometimes prepaid phones are locked to one network, so check if you can change networks.

After you sign the contract, you can only change your mind in a couple of situations.

You can change your mind if the contract includes a ‘cooling-off period’. To find out if a cooling-off period applies:

• check your contract
• check the Critical Information Summary
• check the telco's website.

You have a 10-day cooling-off period if a salesperson approaches you without an invitation:

• at your home or business
• over the phone
• in a public place, such as a shopping centre.

This is an ‘unsolicited consumer agreement’.

Once you have signed a contract, your telco can generally only make changes to the terms and conditions if they tell you before making the changes.

The changes, or variations, might relate to:

• ending the contract early
• pricing
• giving a product back within a specified period
• paying a minimum amount
• using a different network.

The length of a contract varies, for example there are:

• 12-month contracts
• 24-month contracts
• 'no lock in' contracts that work on a month-to-month basis.

If you want to exit early, check your contract, or Critical Information Summary, to see what you have to do. You may have to pay:

• a fixed fee for ending your contract early
• a fee that varies based on how long is left on your contract.

Once your contract expires, you can continue to pay and stay on the same plan. This isn't always the best option and you may want to choose a new mobile service.

Telcos cannot put unfair terms into a contract. The Australian Consumer Law protects consumers and small businesses. See the ACCC’s guidance on contracts.

You can contact your telco if you are concerned about the terms of your contract. Where you are not happy with the outcome, you can also complain to the telecommunications ombudsman.