It is important to Vodafone that all eligible Vodafone customers are able to access our Services. Accordingly, We have devised a Fair Use Policy which applies to:
(a) usage of Vodafone Data Services; (b) usage of Vodafone Mobile Email 50 Bundle; (c) downloading of Vodafone live! content if You select the Maxi, Super or Mega Cap prepay value bundle ("Maxi, Super or Mega Cap Vodafone live! downloads"); (d) Free PXT™ promotions; and (e) any other promotions which are advertised by Vodafone as subject to the Fair Use Policy ("Fair Use Promotions").
We reserve the right to vary the terms of the Fair Use Policy from time to time.
Vodafone may rely on the Fair Use Policy where your:
a) usage of Vodafone Data Services; b) Maxi, Super or Mega Cap Vodafone live! downloads; and/or c) participation in a Fair Use Promotion, is excessive or unreasonable, as defined below.
Excessive Use
In the case of Vodafone GPRS services, downloading and/or uploading of more than 1GB of data each month on or from Your Mobile Phone is excessive use.
In the case of Maxi, Super or Mega Cap Vodafone live! downloads or streams, downloading or streaming more than $50 of Vodafone live! content each month onto Your Mobile Phone is excessive use.
In the case of Free PXT™ promotions, sending more than 600 PXT™ each month on or from Your Mobile Phone is excessive use of the Free PXT™ promotion.
In the case of Fair Use Promotions (other than Free PXT™ promotions), what is excessive use will either be advertised by Vodafone at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.
Unreasonable Use
It is unreasonable use of Vodafone Data Services where Your use of Vodafone Data Services is reasonably considered by Vodafone to be fraudulent or to adversely affect the Vodafone Network or other Vodafone customers' use of or access to a Vodafone Service or the Vodafone Network.
It is unreasonable use of the Maxi, Super or Mega Cap prepay value bundles where Your downloading of Vodafone live! content is reasonably considered by Vodafone to be fraudulent or to adversely affect the Vodafone Network or other Vodafone customers' use of or access to a Vodafone Service or the Vodafone Network.
It is unreasonable use of the Mobile Email 50 bundle on Blackberry® Internet Email Solution where Your use of the Mobile Email 50 bundle is reasonably considered by Vodafone to be fraudulent or to adversely affect the Vodafone Network or other Vodafone customers' use of or access to a Vodafone Service or the Vodafone Network.
It is unreasonable use of a Fair Use Promotion where Your participation in a Fair Use Promotion is reasonably considered by Vodafone to be fraudulent or to adversely affect the Vodafone network or another Vodafone customer's use of or access to a Vodafone service or the Vodafone network.
It is unreasonable use where your use of the Mobile Office add-on is reasonably considered by Vodafone to be fraudulent or to adversely affect the Vodafone network or other Vodafone customers’ use of or access to the Vodafone service or Vodafone network.
Among other things, "fraudulent use" includes resupplying a Vodafone Service without Vodafone's consent so that someone else may access or use Vodafone Data Services or Maxi, Super or Mega Cap Vodafone live! downloads and streams or take advantage of a Fair Use Promotion.
Our rights
Where You are in breach of this Fair Use Policy, Vodafone may contact You to discuss changing Your usage so that it conforms to this Fair Use Policy.
If, after Vodafone has contacted you, Your excessive or unreasonable use continues, Vodafone may, without further notice to you:
a) charge You a rate of 0.20c per KB for continued Data Services usage; b) charge You 50c per PXT™ sent for continued PXT™ usage; c) suspend or limit the service (or any feature of it) for any period We think is reasonably necessary; and/or d) terminate Your agreement in accordance with the standard form of agreement or the business terms and conditions.
Vodafone reserves the right to vary the terms of the Fair Use Policy from time to time.
