Kogan Mobile updates 'fair use policy'

Kogan Mobile has updated the terms and conditions surrounding its fair use policy

Kogan Mobile has updated the terms and conditions surrounding its fair use policy, following reports of customers being kicked off the network.

SMH reported this week that Kogan Mobile has disconnected a small portion of its customers for breaching the networks 'fair use policy'.

Following these reports, Kogan Mobile today sent an email to all of its current customers, under the heading: "Change to Kogan Mobile Terms & Conditions". The email reads as follows:

Thank you for using Kogan Mobile.

We are writing to let you know that, effective 6 April 2013, there will be some changes to the Kogan Mobile Terms and Conditions. More than 99% of users are unlikely to be impacted by these changes.

The revised terms and conditions are available here:

Kogan Mobile Terms and Conditions
Kogan Mobile Policies

These changes will not impact the current Access Plan you have purchased. If you have elected to auto-extend your Access Plan, please be mindful that the revised terms and conditions will take effect as and from the date of your auto-extension. You can elect to stop the auto-extension at any time by logging into the Kogan Mobile members area.

We look forward to continuing to provide the best value mobile access in Australia. Our mission is to make the latest and greatest technology more affordable.

Kind regards,

Kogan Mobile

A look into the new acceptable use policy states that Kogan reserves the right to change or amend this policy at any time, specifically as follows:

Kogan reserves the right to change, amend or alter this Acceptable Use Policy or any of the terms of this Policy at any time and notify you by posting an updated version of the Policy on our website. To the extent permitted by Law, any amended Policy will apply between us whether or not we have given you specific notice of any change.

A screenshot of the email Kogan Mobile sent to its customers today regarding changes to the 'fair use policy'.A screenshot of the email Kogan Mobile sent to its customers today regarding changes to the 'fair use policy'.

Under the heading "inappropriate use of resources", Kogan also stipulates a number of conditions that its customers must adhere to, as follows:

5.1. The Service is provided for personal use for the benefit of residential users and is not for commercial use or for use as a permanent connection. You must not:

a) use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
b) download software or other material for sale, distribution or other non-personal use;
c) attempt to make more than one simultaneous connection to the Service;
d) stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period);
e) run a telemarketing business or call centre; or
f) re-supply, resell or commercially exploit the service or re-route call traffic in order to disguise the originating party or for the purposes of resale;
g) use the Service in a way that is excessive or unreasonable (as reasonably determined by us, having regard to the limits that we consider reasonable for an individual that is using the Service for residential purposes only);
h) download or upload more than 400MB of data on a single day on three or more occasions in a 30 day period;
i) download or upload more than 1GB of data on a single day;
j) recharge your prepaid mobile Service Data plan more than 2 times per 30 day period; or
k) recharge your prepaid mobile Service Access plan more than once per 30 day period.

5.2. We consider your use of a Service to be unreasonable if a Service remains connected continuously for an unreasonable amount of time, or download or uploads an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users.

5.3. We consider your use of a service to be unreasonable if you make or receive calls on our network other than for your own personal use.

The terms and conditions go on to state that any customer who doesn't comply with these conditions may have access to Kogan Mobile suspended, either indefinitely or for a specific period, have a time or download limit on your use of the service, or flat out refuse to renew your service at all.

We recommend anyone considering Kogan Mobile go over these terms and conditions in thorough detail.

What do you think of Kogan Mobile's terms and conditions? Let us know your throughts in the comments below!

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Ross Catanzariti

Ross Catanzariti

PC World
Topics: mobile networks, Kogan Mobile, kogan, MVNO, telstra wholesale, pre-paid mobile

Comments

Daniel T

1

You get what you pay for in my opinion. I have been with Kogan since the start and absolutely love it. $300 for a year and I can do what I need to do. Instead of complaining and getting upset, go to Telstra and pay them the same money and see what you get. Keep up the good work Kogan!

Patrick

2

I find it interesting that they will limit your service. You can't download more than 400MB in one session on 3 occasions within a month period... Why??? It also says I can't download software... Apps are software, does that mean I can download apps from the App Store anymore? Gotta say although I love my Kogan deal, these changes are ridiculous!

A kogan user

3

The new policy has changed nothing in regards to the real issue with the plans. The plans are still advertised as being Unlimited. The new policy then placing limits on it under the banner of acceptable use. As such the service is not unlimited and is still a case of false advertising. Unlimited = no limits. They simply need to change the advertisement on the plan to 'almost unlimited'.

A linux user

4

Can only use iview or other tv catch up services 2 days a month if the downloads are over 400meg and less than 1 gig? With hd services and the size of some tv shows this is ridiculous. If we have a limit of 6 gig a month what does it matter when we use it? What if I want to download a new linux distro?
Other than these new changes I have been satisfied with the service. What are you doing Kogan?

Clarettea

5

How are you suppose to patrol for not exceeding 400mb data useage when there is no monitoring system for this??? Your useage is not added to your account immediately. The Kogan mobile app is software!!!!!!

Anthony ... Disgruntled suspended.kogan user

6

It is ridiculous to addvertise unlimited and then limit the service. The data diwnload limitations are ludicrous if you want to stream a show. And then there's the call and text limitations having to coincide with the other 99% of users. How are we to know what the other user's usage is to monitor our own. How much talk and text can we use? Simply amazing that they can get away with this rubbish.

sam

7

I guess we're all angry because what seemed 'to good to be true', actually turned out to be too good to be true.... Nevertheless i guess everyone should just keep using the service without caring as to the policies. if suspended or terminated then just switch to a different provider without such restrictions. Its a shame as i loved kogan. like i said, when you feel like something is too good to be true it often is!

Dan Rasmussen

8

Kogsn mobile cancelled my service without notice for using it for business purposes, I am a disabled pensioner with no job or business. Plainly their initial fair use policy was not valid and the litetal interpretation of unlimited takes precedent by law. Many hundreds of people are getting churned, some for using the service to make two short calls a day no texts no data, there is something more going on here than over users being churned and in many cases refused refunds even on a years prepaid.. Ruslan Kogan has some explaining to do. This is looking more and more like a scam.

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