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This agreement ("Agreement") is between iTalkBB Australia Pty Ltd A.B.N. 57 155 687 399 ("iTalkBB" or "we") and an end user ("you," or "Customer") of iTalkBB's Broadband Service ("Service" or "Services").
The terms and conditions in this Agreement and the rates and charges for the Service, which may be found at apply to all Services applied for on and from 15 September 2013 and are subject to change in accordance with Section 11 below. For the most current rates and charges, the most current version of the Agreement, or if you have questions about your Service, please visit our website at
Technical support for the Service
iTalkBB provides technical support for the following issues between 9.00am - 5.00pm, Monday - Friday, Melbourne time : installations for the customer's onsite installation service; New account set up & installation; Disconnections; Connecting to the Internet; Viewing web pages; Downloading & uploading files & attachments.
You agree that an iTalkBB Broadband connection can only be used at one physical site and/or with one Network system operation at this site. You do not have the right to use the connection for the Service for multiple sites.
You must sign up for a contract plan for the Service ("Plan"). The Service is offered for 1 year ("Contract Term") beginning on the date ("Activation Date") the Service is activated by us on your telephone line, after we have accepted your application for the Service and is offered until the end of the Contract Term, unless earlier terminated by you, or us, in accordance with this Agreement.
If either party does not wish to continue the Service on a month-to-month basis after the end of the Contract Term, it must give the other party at least 30 days' notice before the end of the Contract Term. If neither you nor we give such notice, the Agreement will continue on a month to month basis after the end of the Contract Term. We will continue to supply the Service to you on a month to month basis in accordance with the Agreement until either party gives the other party 30 days' notice to terminate the Agreement.
The Service relies on a fixed telephone line and may cause disruptions to your existing fixed line service. We also reserve the right to perform maintenance work from time to time, which may temporarily interrupt your access to the Service.
iTalkBB is only responsible for delivering the Service to the network boundary point at your premises. You are responsible for all cabling and wiring within your premises. Where cabling does not exist or you have a fault with the wiring in your premises, you must arrange for your own contractor to rectify this.
You use the Service at your own risk and we take no responsibility for any data downloaded or the content stored on your computer.
We reserve the right to add, or delete web sites to/from our filter list without prior notice to you.
You must ensure that anyone who uses the Service complies with your obligations under this Agreement as you will remain responsible and liable for their actions. You must take reasonable steps to ensure that others do not gain unauthorised access to the service and your iTalkBB Broadband account (if any).
Our Service is provided to you on the basis that it is used only for approved purposes. In particular you must:
(a) not use the Service in any manner involving illegal, fraudulent, improper, inappropriate, malicious, deceptive or misleading activity;
(b) not breach any laws, standards, content requirements or codes set out by any relevant authority or industry body;
(c) not use the Service in any way which interferes with the operations of the service network, anyone else's enjoyment of their service or which upsets or offends any person or any third party's intellectual property rights;
(d) not use the Service for commercial purposes or in any way distribute or resell the Service without our written permission;
(e) obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the Service;
(f) give us all information and cooperation that we may need in relation to the Service;
(g) advise us of changes in your personal information such as account details, debit or credit card details and expiry dates and billing and Service addresses;
(h) not use any automated means to manipulate our Service;
(i) comply with any reasonable directions given by us with respect to your use of the Service; and
(j) comply with your obligations under this Agreement.
If you breach any of the above obligations, we may cancel, suspend or restrict your Service without giving notice, including as set out under Section 7. In such circumstances we will initially only suspend or restrict your Service and will provide you notice as soon as we reasonably can of the cancellation/ suspension/ restriction having occurred and the grounds on which the cancellation/ suspension or restriction was made. We will reasonably consider any evidence or submissions you may provide to us to demonstrate that the Service was not used for the activity. If we are satisfied that the Service was not used for the activity in breach of this Agreement, we will reinstate the Service as soon as practicable and not charge you any reconnection fees. If we are not so satisfied, we reserve our rights to continue to suspend, cancel or terminate your Service.
iTalkBB will not provide you with a paper bill except in special circumstances, in its sole discretion. You may check the billing details online via your online account.
Credit Card Payment.
If Customer wishes to pay for a Service with a Credit Card, Customer must provide iTalkBB with a valid credit card number from an accepted issuer (visit or call 1800 248 255 for accepted issuers). Customer authorizes iTalkBB to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Service. Customer shall notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
Bank Account Direct Debit Payment.
If Customer wishes to pay for a Service with direct debit, Customer must provide iTalkBB with a signed Direct Debit Request and Authorisation Form with valid bank account details from an accepted issuer (visit or call 1800 248 255 for accepted issuers).
Customer authorizes iTalkBB to charge the bank account ("Bank Account") for all charges arising from Customer's use of the Service. Customer shall notify iTalkBB of any change to the Credit Card or Bank Account information including, without limitation, changes in account number and bank, expiration date and billing address. The first time you provide your Bank Account or Credit Card details to iTalkBB without having previously paid any fees or if you modify your Bank Account or Credit Card details, you authorize iTalkBB to charge that Bank Account or Credit Card AUD2.01 as the bank verification fee. This amount will be returned to you as a credit to your BB account after the verification is successful.
Invoicing. iTalkBB will provide you with a monthly online invoice for the Service and bill all charges invoiced to your account to the Credit Card or Bank Account provided by you to us. The charges may include monthly Service fees, Early Termination Fees, taxes and all other applicable charges. Your monthly Plan Charges commence from the Activation Date and are billed in advance. All fees and charges must be paid by the due date on the relevant invoice or late fees as set out below will apply.
Billing Disputes. Customer must dispute any charges for the Service within ninety (90) days starts from the date that their invoice is made available online. Customer understands and agrees that Customer's failure to dispute any charges with the ninety (90) day time period constitutes a waiver of all claims to any dispute. You must pay all undisputed portions of the charges by the due date.
Late Payment - Non-Payment. If any charges for the Service are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card or Bank Account charges, iTalkBB may suspend or terminate the Service and all accrued charges shall immediately be due and payable, and will include a late fee of 2% above the current overdraft lending rate of iTalk's main lender in Australia, accruing on a daily basis. If charges cannot be processed to the Credit Card or Bank Account which you have provided to us, Customer will also be charged a late fee of ten dollars (AUD10.00). Neither suspension nor termination of the Service shall relieve Customer from the obligation to pay all amounts owing to iTalkBB under this Agreement.
Taxes. Prices, fees and rates for the Service do not include customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. Taxes shall be included in any refund to Customer under the Agreement if a refund is available to iTalk.
Credits.Customer acknowledges and agrees that the Service is provided "as is". No credit allowances shall be made for interruption of the Service.
Promotions. iTalkBB may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Service.
Applicable Surcharges.Independent third party merchant banks, credit and debit card issuers and processors, and other financial institutions may charge administrative fees, processing surcharges, equipment maintenance and management fees for services that iTalkBB is required to pay in order to enable your payment to iTalkBB. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Broadband monthly service charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB Broadband Service. Such charges are in addition to your iTalkBB Broadband Service charges and will be charged to your account according to the plan or payment method you have selected.
If you provide us with incorrect information (such as an incorrect address or incorrect phone number) on your Service application which is acted upon by our telecommunications provider, then you will be liable for the costs incurred for relocating or cancelling the Service, including, but not limited to:
a. A setup charge and a relocation charge if the Service can be relocated to the correct address or phone number;
b. A setup charge and an early termination charge if the incorrect Service cannot be relocated.
Provisioning may be rejected or delayed by our telecommunications provider due to, but not limited to, transpositioning (where the line cannot carry broadband). Such issues are outside of our control. If there are issues, you must give us the opportunity to fully investigate the reasons for such rejections or delays before terminating the contract.
If we determines on reasonable grounds that any fault which you report to us and for which we send out a technician to your premises is not related to our infrastructure (for example faulty socket, modem, internal wiring) an Incorrect Call out fee of $240 may apply.
Incorrect Call out fee for iTalkBB Onsite technician:$240
The onsite technician may require the customer to be home during the appointment time and the booking time can be only changed or cancelled 3 or more days prior to the appointment. After making the appointment, if you are not at home during that time, you may be charged for incorrect call out fee in the amount of $240.
The actual speeds for our Service can vary substantially due to many factors. These include distance from local exchange, quality of phone line, EMI (ElectroMagnetic Interference), the number and type of other services using the line, the capacity of the uplink, and the Customer's modem/router.
For the Service, your download speed is throttled (slowed) to a specified speed once the monthly download quota is exceeded until the start of the next billing month. iTalkBB may manage traffic flows in its network for purposes associated with targeting efficient utilization of available network resources.
With Plans which consist of a peak and off peak download quota, the download speed is throttled (slowed) to a specified speed for the period in which the download quota has been exceeded (peak or off peak) until the start of the next billing month.
iTalkBB may change the peak and off peak times subject to section 11.
In calculating download usage, 1GB (Gigabyte) is equal to 1000MB (Megabyte); 1MB is equal to 1000KB (Kilobyte).
(a) iTalkBB has the right to suspend, restrict or terminate your Service (at its discretion) at any time if:
• you are in material breach of this Agreement; and
• we have notified you in writing of your breach of the Agreement and
• you have failed to remedy the breach within 7 days of the notification; or
• the breach cannot be remedied (in which case we can terminate the Service immediately upon giving you notice).
You will be in material breach of this Agreement if you:
• do not pay the charges for your Service, including where payment is made by direct debit or Credit Card, and the direct debit or Credit Card is declined for any reason; or
• use your Service in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our security or network capability or is illegal or likely to be found illegal.
(b) iTalkBB can suspend, restrict or terminate your Service (at its discretion) by notifying you with as much warning as we reasonably can if:
• iTalkBB is required by law to do so;
• the Service becomes illegal or iTalkBB reasonably believes that it may become illegal;
• there is an emergency which affects our ability to provide the Service;
• we reasonably believe that providing the Service may cause death, personal injury or damage to property; or
• we are not able to provide the Service to you due to an event outside our reasonable control (e.g. equipment failure where we do not own or operate the equipment, there is an industrial strike or an act of God). (c) iTalkBB can also suspend, restrict or terminate your Service (at its discretion) by telling you with as much warning as we reasonably can if:
• you become bankrupt or insolvent or appear likely to do so; or
• we reasonably consider that you pose an unacceptably high credit risk to us e.g. a history of multiple late payments, dishonoured payments, failure to pay.
If the Service is terminated by iTalkBB under Section 7(b), you will be liable for all Service fees accrued through the date of termination and any unbilled charges.
If the Service is terminated by iTalkBB under section 7(a) or 7(c), you will be liable for the Service fees which apply for the full month in which the termination occurs, unbilled charges and Early Termination Fees as set forth below (See Early Termination Fees) and all such charges shall be immediately due and payable.
Customer shall be responsible for the full monthly Service fee for the month in which notice of termination is received. Early Termination Fees may apply to termination as set forth below (See Early Termination Fees).
If you sign up to a contract Plan and give notice to iTalkBB to terminate the Service within the Contract Term after the Activation Date, iTalkBB shall charge an early termination fee to Customer's Credit Card or Bank Account ("Early Termination Fee") pro-rata for the months remaining on your Contract Term up to a maximum of AUD 350. The Early Termination Fee will not apply after the end of the Contract Term.
The fast transfer process is only available to customers who have an active and existing Broadband connection with a participating ISP.
We do not guarantee access to the churn process, and will not be liable if the Broadband transfer application is rejected. If you ask us to proceed with the churn process, you will be liable to pay for all charges associated with the transfer regardless of whether it is successful or rejected. You will still be responsible to your current Broadband supplier for any charges incurred and/or billed up to the date the transfer takes effect.
Your Broadband service will remain active with your current Internet provider until the transfer takes place.
You understand that it is your responsibility to check the terms of your contract with your current Broadband provider to determine if there will be any consequences under that contract as a result of this transfer, such as an early termination payment.
Migrating to another iTalkBB plan does not reduce the Contract Term or terminate the original Agreement or result in a reduction of the Service fees payable by you to us under the original Agreement. The new plan subscription and/or Service fees will apply from the date of the migration until the end of the Contract Term.
A Change of Plan fee and/or Contract Restart fee may apply if you request to change to another iTalkBB Plan(For more details, you can call 1800 248 255).
iTalkBB reserves the right to change the Agreement, Service or Plan at any time ("Change"). All Changes will be posted on iTalkBB's website thirty days before the effective date of the Change. If we consider that a Change may have major detrimental impact on you, we will contact you to notify you of the change. For all Changes which are not major detrimental Changes, notice is deemed received by Customer and Changes will be binding on Customer on the effective date of the Change(s) as posted on the website. If you can show that any Change has more than a minor detrimental impact on you, we will let you cancel the contract for the Service by only paying the charges accrued up to the date of termination, any installation fees. In all other cases, if you elect to terminate the Service, you will be liable for all amounts due and an Early Termination Fee, if applicable. Customer may, at any time, request a change of Plan subject to paying the charges associated with such change of Plan. iTalkBB may reduce its fees for Service or Plans without prior notice to Customer. The reduced charges will be automatically applied to your account. In the event that iTalkBB does not make any changes to its fees, you must pay all subscription fees applicable to the plan for which you have registered. Failure to pay subscription or usage charges may result in the suspension or termination of your Service as set out in Section 7.
Nothing in this Agreement excludes or limits any liability iTalkBB may have to you under the Australian Consumer Law. Subject to these rights, iTalkBB is not liable to you for any special, incidental, indirect or consequential loss, or for any loss of revenue, profit, data, content, anticipated savings or loss of value or equipment arising out of or related to this Agreement.
Our liability to you under the Australian Consumer Law is limited to (at our option), for goods: replacing, repairing or resupplying goods or paying for that to occur, and for services: supplying them again or paying to have them supplied again.
We are not liable for:
• any loss caused by you or that results from your failing to take reasonable steps to minimise your loss;
• any loss or damage to which you have contributed, to the extent of the contribution; and
• any liability in contract, tort (including negligence) or otherwise for any interruptions to the Service or for suspending or terminating the Service in accordance with the Agreement, except for any liability under the Australian Consumer Law.
Reimbursement. Customer hereby agrees to reimburse iTalkBB and its officers, directors, shareholders and affiliates from and against any and all costs or expenses they incur arising from any intentional act or omission by Customer or others authorized by Customer to use the Service, which may or may not be in breach of this Agreement, (including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Service)
This Agreement shall be governed by the laws of Victoria, Australia without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to non-exclusive personal and subject matter jurisdiction of the courts of Victoria, Australia.
iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at any time and in its sole discretion.
This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.
Updated: 4 August, 2016
Copyright iTalkBB Australia Pty Ltd 2013