This Mobile Services Schedule (“Service Schedule”) forms part of the Master Services Agreement (“MSA”) between Empreus IT Support (“Provider”) and the Client. This Service Schedule should be read in conjunction with the MSA and all referenced legal documents.

In the event of any conflict between this Service Schedule and the MSA, the terms of this Service Schedule shall prevail to the extent of the inconsistency.

This Service Schedule governs the provision of mobile voice and data services. The Provider resells mobile services through an upstream mobile carrier and delivers the service to the Client under the terms set out below.

In addition to the definitions set out in the MSA, the following definitions apply to this Service Schedule:

• “Mobile Service” means the mobile voice and data connectivity service delivered to the Client via the Upstream Mobile Carrier’s network, as resold by the Provider.
• “Upstream Mobile Carrier” means the licensed telecommunications carrier or mobile virtual network operator (MVNO) through which the Provider procures and resells the Mobile Service. The identity of the Upstream Mobile Carrier may change from time to time at the Provider’s discretion.
• “Mobile Service Term” means the minimum subscription period for the Mobile Service, as specified in the applicable Quote.
• “Monthly Mobile Fee” means the recurring monthly subscription fee payable by the Client for the Mobile Service, as detailed in the Quote.
• “SIM” means a physical Subscriber Identity Module card or an embedded SIM (eSIM) profile provisioned for use with the Mobile Service.
• “Mobile Device” means a mobile phone, tablet, or other portable device used to access the Mobile Service.
• “Data Allowance” means the monthly data allocation included in the Client’s mobile plan, as specified in the Quote. This may be an individual per-SIM allowance or a shared/pooled allowance across multiple SIMs.

3.1 Mobile Connectivity

The Provider shall supply the Client with mobile voice and data services as specified in the accepted Quote. The Mobile Service includes:

• Mobile voice calling (inbound and outbound)
• Mobile data connectivity at the Data Allowance specified in the Quote
• SIM provisioning and activation (physical SIM or eSIM)
• Number porting (transfer of the Client’s existing mobile numbers to the Mobile Service)
• New mobile number allocation
• Shared or pooled data plans (where specified in the Quote)
• International roaming management and activation (where specified in the Quote)

Only those services explicitly detailed in the Quote and accepted by the Client are within the scope of this Service Schedule.

3.2 Number Porting

Where the Client requests porting of existing mobile numbers to the Mobile Service, the Provider will coordinate the porting process with the Upstream Mobile Carrier and the Client’s existing carrier. The Client shall provide all information and authorisations required to complete the port, including account details and identification as required by telecommunications regulations.

Porting timeframes are dependent on the Client’s existing carrier and are outside the Provider’s direct control. The Provider shall not be liable for delays, errors, or service interruptions caused by the Client’s existing carrier during the porting process.

3.3 SIM and eSIM

The Provider will supply and activate SIMs (physical or eSIM) for each mobile service included in the Quote. SIMs remain the property of the Provider (or the Upstream Mobile Carrier) and must not be modified, cloned, or transferred to a different device without the Provider’s prior written consent, unless the Client owns the device outright.

eSIM provisioning is subject to device compatibility. The Client is responsible for ensuring their Mobile Device supports eSIM before requesting eSIM activation.

3.4 Mobile Devices

Mobile Devices are not included in the Monthly Mobile Fee. Mobile Devices may be obtained by the Client through the following options:

• Hardware as a Service (HaaS): Mobile Devices may be leased on a subscription basis under the Hardware as a Service – Service Schedule (EMPREUS-SS-HAAS-001).
• Outright Purchase: The Client may purchase Mobile Devices outright from the Provider, subject to a separate Quote. Purchased devices are the Client’s property and are subject to the manufacturer’s warranty only.
• Client-Provided Devices: The Client may use their own compatible Mobile Devices. The Provider will assist with SIM installation and activation but does not warrant or support Client-provided devices.

3.5 Mobile Device Management (MDM)

Mobile Device Management services (including device enrolment, remote wipe, application management, and security policy enforcement) are not included under this Service Schedule. MDM services are provided under a separate MDM Service Schedule, if applicable.

3.6 IT Support

All IT support related to the Mobile Service — including helpdesk, troubleshooting, and associated service levels and rates — is provided under the Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001). The Client must hold an active Managed IT Services subscription to receive support for the Mobile Service.

3.7 Exclusions

The following are not included in the Mobile Service:

• Mobile Devices (see Section 3.4 for options)
• Mobile Device Management (see Section 3.5)
• IT support services (provided under Managed IT Services)
• Call and data charges exceeding the Data Allowance or included call allowance
• International roaming charges (unless included in the Quote)
• Premium-rate, directory assistance, or satellite call charges
• SIM replacement fees for lost, stolen, or damaged SIMs
• Carrier access charges or government-imposed levies not included in the Quote

4.1 SIM Activation

The Provider will provision and activate SIMs following acceptance of the Quote. Physical SIMs will be delivered to the Client’s nominated address. eSIM profiles will be delivered electronically via QR code or carrier activation.

4.2 Number Allocation and Porting

New mobile numbers will be allocated during provisioning. Where number porting is required, the Provider will submit the porting request to the Upstream Mobile Carrier. The Client shall maintain their existing mobile service until the port is confirmed to avoid loss of service or number.

4.3 Provisioning Timeframes

Provisioning of new SIMs is typically completed within 3 to 5 business days from acceptance of the Quote. Number porting typically takes 1 to 3 business days for mobile numbers, though complex or multi-carrier ports may take longer.

The Provider shall not be liable for delays in provisioning or porting caused by the Upstream Mobile Carrier, the Client’s existing carrier, or any other factor outside the Provider’s reasonable control.

5.1 Shared Data

Where the Quote specifies a shared or pooled data plan, the Data Allowance is shared across all SIMs included in the pool. The Provider does not guarantee equal distribution of data across SIMs within the pool.

5.2 Data Usage Monitoring

The Provider will monitor data usage across the shared pool where the Upstream Mobile Carrier’s systems permit. The Provider will notify the Client if usage appears likely to exceed the Data Allowance. However, the Provider does not guarantee real-time usage alerts and shall not be liable for excess data charges incurred before notification.

5.3 Excess Data Charges

Data usage exceeding the Data Allowance will be charged at the rates published by the Upstream Mobile Carrier or as otherwise agreed in writing. Excess data charges will be billed in the following month’s invoice.

6.1 Roaming Activation

International roaming is not enabled by default. The Client must request roaming activation from the Provider prior to travel. The Provider will activate roaming on the relevant SIM(s) through the Upstream Mobile Carrier.

6.2 Roaming Charges

International roaming charges for voice, data, and SMS are determined by the Upstream Mobile Carrier and the destination network. Roaming charges can be significantly higher than domestic rates and are the Client’s responsibility. The Provider will provide indicative roaming rate information upon request but does not guarantee specific rates.

6.3 Roaming Liability

The Client is solely responsible for all roaming charges incurred on their SIMs. The Provider shall not be liable for unexpectedly high roaming charges, including charges incurred due to automatic data usage, app updates, or background synchronisation on Mobile Devices while roaming.

The Provider recommends the Client configure Mobile Devices to restrict background data usage while roaming and consider purchasing roaming data packs where available.

7.1 Minimum Term

The Mobile Service is subject to a minimum Mobile Service Term of 12 months from the activation date, unless otherwise agreed in writing in the Quote.

7.2 Renewal

At the expiry of the Mobile Service Term, the Mobile Service shall automatically renew on a month-to-month basis under the same terms, unless either party provides at least 30 days’ written notice of non-renewal prior to the expiry of the current term.

7.3 Changes to Service

The Client may request changes to the Mobile Service during the Mobile Service Term, including adding or removing SIMs, changing data plans, or adjusting the shared pool size. Changes may result in a variation to the Monthly Mobile Fee. The Provider will confirm any fee changes before processing the request.

8.1 Monthly Mobile Fee

The Client shall pay the Monthly Mobile Fee as specified in the accepted Quote. Monthly Mobile Fees are invoiced in advance in accordance with the Payment – Terms & Conditions.

8.2 Inclusions

Unless otherwise stated in the Quote, the Monthly Mobile Fee includes:

• Mobile voice and data connectivity for each SIM specified in the Quote
• Included call allowance and Data Allowance (individual or shared/pooled) as specified in the Quote
• SIM provisioning and activation
• Number allocation and maintenance
• Ongoing account administration by the Provider

8.3 Exclusions

The following are excluded from the Monthly Mobile Fee and may be charged separately:

• Excess call and data charges beyond the included allowances
• International roaming charges (unless included in the Quote)
• Premium-rate, directory assistance, or satellite call charges
• Number porting fees (if applicable)
• SIM replacement fees ($25 inc. GST per SIM, or as specified in the Quote)
• Mobile Devices (see Section 3.4)
• Mobile Device Management (separate contract)
• IT support services (provided under Managed IT Services)
• Government-imposed levies, carrier access charges, or regulatory fees not included in the Quote

8.4 Payment Terms

All payment obligations under this Service Schedule are subject to the Payment – Terms & Conditions published at empreusitsupport.com.au/payment-terms-and-conditions, which are incorporated by reference.

9.1 SIM Security

The Client is responsible for the security of all SIMs issued under this Service Schedule. The Client shall notify the Provider immediately if a SIM is lost, stolen, or suspected of being compromised. The Provider will suspend the affected SIM upon notification. The Client is liable for all charges incurred on a lost or stolen SIM until the Provider is notified and the suspension is processed.

9.2 Acceptable Use

The Client shall use the Mobile Service in compliance with all applicable laws, regulations, and the Upstream Mobile Carrier’s acceptable use policy. The Client shall not use the Mobile Service for:

• Unsolicited telemarketing, spam SMS, or robocalling
• Fraudulent, abusive, or harassing communications
• Excessive or abnormal usage that disrupts the carrier network
• Tethering or hotspot usage in breach of the plan terms (if restricted)
• Any unlawful purpose or in breach of any applicable telecommunications regulations

The Provider reserves the right to suspend the Mobile Service immediately if the Client is in breach of this Section.

9.3 User Administration

The Client shall promptly notify the Provider of any changes to user requirements, including new starters, leavers, lost devices, or changes to plan allocations. Delays in notification may result in continued billing for unused SIMs or security risks from active SIMs assigned to departed staff.

9.4 Device Compatibility

The Client is responsible for ensuring that any Client-provided Mobile Device is compatible with the Upstream Mobile Carrier’s network bands and frequencies, and supports eSIM if eSIM provisioning is requested.

9.5 Timely Reporting of Issues

The Client agrees to promptly report any service issues, coverage problems, or billing discrepancies through the Provider’s designated support channels as set out in the Managed IT Services – Service Schedule.

10.1 Coverage

Mobile coverage is provided by the Upstream Mobile Carrier’s network and is subject to geographic, topographic, and infrastructure limitations. The Provider does not guarantee mobile coverage at the Client’s premises or any other location. The Client should verify coverage availability with the Provider prior to activation.

10.2 Availability

The Provider will use commercially reasonable efforts to ensure the Mobile Service is available to the Client at all times. However, mobile service availability is dependent on the Upstream Mobile Carrier’s network and is outside the Provider’s direct control.

The Provider does not guarantee uninterrupted availability of the Mobile Service. Service may be affected by network congestion, maintenance, natural events, or infrastructure issues.

10.3 No Compensation for Outages

Unless otherwise agreed in writing, the Provider does not offer service credits, refunds, or compensation for Mobile Service outages, coverage gaps, or performance degradation caused by the Upstream Mobile Carrier or any other factor outside the Provider’s control.

11.1 Relationship

The Provider resells the Mobile Service through an Upstream Mobile Carrier. The Client’s contractual relationship is solely with the Provider. The Client has no direct contractual relationship with the Upstream Mobile Carrier and shall not contact the Upstream Mobile Carrier directly regarding the Mobile Service without the Provider’s prior written consent.

11.2 Carrier Changes

The Provider may change the Upstream Mobile Carrier, provided that the change does not materially reduce the quality or coverage of the Mobile Service. The Provider will notify the Client in advance of any carrier change that may result in a temporary service interruption or SIM replacement.

11.3 Carrier Terms

The Mobile Service may be subject to the Upstream Mobile Carrier’s terms of service and acceptable use policies. The Client shall comply with any such terms communicated by the Provider. The Provider does not assume liability for any restrictions, limitations, or actions imposed by the Upstream Mobile Carrier.

12.1 Number Ownership

Mobile numbers allocated or ported to the Client under the Mobile Service are managed through the Upstream Mobile Carrier. The Client retains the right to port their mobile numbers away from the Provider’s service upon termination, subject to applicable porting regulations and the completion of all outstanding payments.

12.2 Porting Away

If the Client wishes to port their numbers to another provider upon termination, the Client must initiate the port with their new provider before the Mobile Service is disconnected. The Provider will cooperate with legitimate porting requests. Numbers that are not ported within 30 days of termination may be released and may not be recoverable.

12.3 Number Recall

If the Client’s Mobile Service is terminated due to non-payment or breach, the Provider reserves the right to recall and release mobile numbers after providing 14 days’ written notice to the Client.

13.1 Definitions

“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other, including trade secrets, client lists, business strategies, financial data, technical documentation, user credentials, and any information clearly identified or reasonably understood as confidential.

“Data Protection Laws” means all applicable legislation relating to the protection of personal data and privacy, including the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), the Telecommunications (Interception and Access) Act 1979 (Cth), and if applicable, the General Data Protection Regulation (GDPR) (EU) 2016/679.

13.2 Confidentiality Obligations

Each party shall use Confidential Information solely for the purpose of fulfilling obligations under this Agreement. Neither party shall disclose Confidential Information to any third party without prior written consent, except as necessary to perform under this Agreement or as required by law.

13.3 Data Privacy and Protection

Both parties shall comply with all applicable Data Protection Laws. The Provider shall process personal data only to the extent necessary to perform the Services or as instructed by the Client.

The Client acknowledges that mobile voice and data traffic traverses the Upstream Mobile Carrier’s network and the Provider is not responsible for the interception, monitoring, or security of data in transit over the mobile network.

13.4 Data Breach Notification

In the event of a confirmed or reasonably suspected data breach affecting the Client’s personal data within the Provider’s control, the Provider shall promptly notify the Client and provide sufficient details about the nature and scope of the breach.

13.5 Survival

The confidentiality and data protection obligations under this section shall survive termination of this Service Schedule for as long as the Receiving Party possesses or controls any Confidential Information or personal data belonging to the Disclosing Party.

14.1 Provider Warranty

The Provider warrants that it will use commercially reasonable efforts to provision, maintain, and administer the Mobile Service in accordance with this Service Schedule.

14.2 No Coverage or Performance Guarantee

The Provider does not warrant or guarantee mobile coverage at any location, uninterrupted service availability, or specific data speeds. Mobile coverage, speeds, and availability are subject to factors outside the Provider’s control, including network congestion, terrain, building materials, and the Upstream Mobile Carrier’s infrastructure.

14.3 Third-Party Disclaimer

The Mobile Service is delivered over the Upstream Mobile Carrier’s network. The Provider does not make any representations or warranties with respect to the performance, reliability, coverage, or availability of the Upstream Mobile Carrier’s network.

14.4 Disclaimer of Implied Warranties

Except as expressly set out in this Service Schedule and the MSA, the Provider disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Nothing in this Service Schedule excludes or limits any consumer guarantee or statutory right that cannot be excluded under Australian Consumer Law.

15.1 The Provider shall not be liable for any indirect, incidental, consequential, or special damages arising from the use or inability to use the Mobile Service, including lost profits, lost data, business interruption, or loss of goodwill, regardless of the legal theory, even if advised of the possibility of such damages.

15.2 The Provider’s aggregate liability under this Service Schedule shall not exceed the total Monthly Mobile Fees actually paid by the Client in the six (6) months immediately preceding the date on which the claim arose.

15.3 The Provider shall not be liable for any service outages, coverage gaps, data speed variations, or performance degradation caused by the Upstream Mobile Carrier or any other third party.

15.4 The Provider shall not be liable for charges incurred on lost or stolen SIMs prior to the Client notifying the Provider and the suspension being processed.

15.5 The Provider shall not be liable for international roaming charges, excess data charges, or premium-rate call charges incurred by the Client or the Client’s users.

15.6 Any claim must be brought within twelve (12) months from the date on which the Client first became aware, or reasonably should have become aware, of the basis for such claim.

15.7 The limitations in this section shall not apply to damages resulting from the Provider’s gross negligence or wilful misconduct, or any liability that cannot be excluded by law.

16.1 By the Provider: The Provider shall indemnify and hold the Client harmless from any third-party claims arising from the Provider’s gross negligence or wilful misconduct in performing Services under this Service Schedule.

16.2 By the Client: The Client shall indemnify and hold the Provider harmless from any third-party claims arising from the Client’s misuse of the Mobile Service, breach of acceptable use policies, or violation of applicable laws or regulations, including the Telecommunications Act 1997 (Cth).

Neither party shall be liable for delays or failures due to events beyond their reasonable control, including natural disasters, war, strikes, pandemics, governmental actions, or Upstream Mobile Carrier network failures. The affected party shall notify the other promptly and use reasonable efforts to resume performance as soon as feasible.

If a Force Majeure event prevents performance for more than 30 days, either party may terminate this Service Schedule upon written notice. The Client remains liable for all fees accrued up to the termination date.

18.1 Early Termination by Client

If the Client terminates this Service Schedule (or the MSA) prior to the expiry of the Mobile Service Term, the Client shall be liable for the Early Termination Cost as defined in the Termination – Terms & Conditions, which includes one hundred percent (100%) of the remaining Monthly Mobile Fees for the unexpired portion of the Mobile Service Term.

18.2 Upstream Costs

In addition to the Early Termination Cost, the Client shall be responsible for any early termination fees, penalties, or charges imposed by the Upstream Mobile Carrier as a result of the early termination.

18.3 Number Porting on Termination

Upon termination, the Client may port their mobile numbers to another provider in accordance with Section 12.2. Numbers not ported within 30 days of termination may be released.

18.4 SIM Return

Upon termination, all SIMs will be deactivated. Physical SIMs do not need to be returned unless they are embedded in HaaS equipment, in which case the HaaS equipment return provisions apply.

Termination of this Service Schedule is governed by the Termination – Terms & Conditions published at empreusitsupport.com.au/termination-terms-conditions, which are incorporated by reference.

This includes termination by the Provider (for non-payment, material breach, misuse, or insolvency), termination by the Client (for convenience with 30 days’ notice, or for uncured material breach by the Provider), automatic renewal, post-termination services, and the Provider’s retention of rights.

20.1 Relationship to MSA

This Service Schedule supplements and forms part of the Master Services Agreement. All terms of the MSA (including the Director’s Guarantee, Governing Law and Dispute Resolution, and Privacy Policy reference) apply to this Service Schedule as if set out in full herein.

20.2 Prerequisite Service Schedules

The Client acknowledges that an active Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001) is required to receive IT support for the Mobile Service.

If the Managed IT Services subscription is terminated or expires, the Provider is not obligated to provide helpdesk or troubleshooting support for the Mobile Service.

20.3 Cross-References

This Service Schedule is subject to the following Empreus IT Support legal documents, all of which are incorporated by reference:

• Master Services Agreement (EMPREUS-MSA-001)
• Managed IT Services – Service Schedule (EMPREUS-SS-MIT-001)
• Hardware as a Service – Service Schedule (EMPREUS-SS-HAAS-001) — if devices are leased via HaaS
• Payment – Terms & Conditions (empreusitsupport.com.au/payment-terms-and-conditions)
• Termination – Terms & Conditions (empreusitsupport.com.au/termination-terms-conditions)
• Quote – Terms & Conditions (empreusitsupport.com.au/quote-terms-conditions)
• Privacy Policy (empreusitsupport.com.au/privacy-policy)

20.4 Amendments

No modification to this Service Schedule shall be valid unless made in writing and signed by both parties.

20.5 Severability

If any provision of this Service Schedule is found to be unenforceable, the remaining provisions shall remain in full force and effect.

20.6 Entire Agreement

This Service Schedule, together with the MSA and all incorporated documents, constitutes the entire agreement between the parties regarding the Mobile Services described herein and supersedes all prior agreements, representations, and understandings on this subject matter.