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iTalkBB Sim Terms and Conditions
This agreement ("Agreement") is between iTalkBB Australia ("iTalkBB") and an end user ("you," or "Customer") of iTalkBB communications services and Sim card services ("Service" or "Services"). All the terms and conditions provided to you when you agree to purchase a product.
iTalkBB Sim Service, depending on the plan chosen by you and subject to any restrictions or limitations we impose or that arise from the type of equipment you own, allows you to:
(a) make calls from and receive calls through your mobile phone,
(b) send content from and receive content to your mobile phone,
(c) send content from and receive content to a computer using your mobile device, and
(d) use a range of value added service features, on a mobile network for your own personal or business use only.
iTalkBB Sim is available to credit approved customers only.
iTalkBB Sim services are not available in all areas in Australia. Certain functionality, such as fast data transmission speeds through 3G, is only available where we have 3G coverage. Coverage maps are available on request. Roaming is not available in all countries or in all places within countries.
The Service is supplied over the Optus Mobile Digital Network. We do not control the Optus network. Where Optus limits call types in its network, your use of the service will be similarly limited. You agree that you will not hold us responsible in respect of any such limitations.
When you agree to purchase iTalkBB Sim, you accept the terms. Customer activates the Service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides iTalkBB notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination. You are required to give us this notice if you do not wish to continue to use the Service after the end of the minimum term of a contract agreement; otherwise we will continue to supply the Service to you.
iTalkBB Sim Service is not suitable for International Roaming and International Roaming will not be activated on the service.
Connection to the mobile network is by way of a Sim which is installed onto a mobile device owned by you (unless otherwise set out in a Plan). The Sim that we provide to you is our property and we may request that you return the Sim to us at any time for replacement. You must not interfere with the Sim.
Activation of your iTalkBB Sim may occur after your contract has commenced. Customer may active the Sim card directly in our stores by our sales while getting the new Sim card. Or you may call the service number 1800 248 255; talk to our consultants via answering some personal questions to active the Sim card for you.
For most of our mobile service plan, dialing 1800 number is not free.
We are not responsible for any lost or stolen Sim. You must notify us by calling 1800 248 255 as soon as possible if the Sim we have given you is lost or stolen and we will bar outgoing calls, suspend the Service.
You are responsible for all charges for calls made using the lost or stolen Sim up until the time you notify us that your Sim card has been lost or stolen and we bar outgoing calls, suspend the service.
Unless you are otherwise in breach of the agreement, we will replace the Sim card (including where your mobile phone has been lost or stolen or the Sim card has been damaged), and may charge a replacement fee.
The mobile internet service is only available to customers within the Optus GSM or 3G-HSDPA coverage area and is subject to network availability. You can also use the mobile internet service to connect to the Internet outside of the 3G/HSDPA areas, GSM network areas, however where only GSM coverage is available, including NT and TAS, you will not experience 3G speeds.
Your pricing plan may set out a maximum amount of included data that you can use to download and upload at high speed in a billing month. If you exceed your plan's included monthly data allowance, additional excess usage will be charged. Any unused data allowance cannot be rolled over. If the supplied Sim card is used in an alternate modem any usage will count towards your plan's data allowance.
7.2Mbps (HSDPA) and 2Mbps (HSUPA) are theoretical maximum download and upload speeds. Based on network testing, average download speed between 512Kbps - 3.0Mbps and upload speed between 512Kbps - 1.2Mbps and both are available in selected locations only. Other locations within the 3G/Dual Band coverage area provide average download speeds of between 512Kbps - 1.5 Mbps. Many factors affect speeds such as your distance from the mobile tower, the capacity and load of the mobile tower, which bearer you are currently using (GSM, 3G/HSDPA), your hardware and software, the source of your download, and general internet traffic.
A range of mobile internet devices may be used with the service but some devices are not compatible with the Optus network. If the device you use interferes with the Optus network, we may notify you of that fact and request that you desist from using the device. If you do not do so, we may suspend and/or terminate the supply of the service to you.
Subject to your rights under the Competition and Consumer Act 2010 or other relevant legislation(including the Australian Consumer Law), iTalkBB does not make any warranty regarding any software or data provided or available to you in connection with data services, including with respect to how that software or data operates on your device or interacts with applications. Unless otherwise stated, data usage is measured as the combination of both data you send (upload) and receive (download). When using data services, some internet services, including web sites and email, may not be accessible
You must not:
(a) make or receive calls or send or receive content on our network other than for your own personal or business use,
(b) wholesale any service (including transit, re-file or aggregate domestic or international traffic) on our network, or
(c) use the Service (including any Sim card) in connection with a device that switches or reroutes calls to or from our network or the network of any supplier, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, in our discretion
If you breach clause 4.1(a) above, we may, in addition to and without limiting our other rights under the agreement, immediately suspend or cancel the service by giving you notice.
We may restrict access to premium services until a payment history has been established.
While we will endeavor to make iTalkBB Sim Services available to customers 24 hours a day, 7 days a week, Services are not fault free and we cannot guarantee uninterrupted service, or the speed, performance or quality of the Service. There are many factors outside of our control which affect Mobile services, such as the performance of third party suppliers and equipment, Force Majeure events, electromagnetic interference, network congestion, and performance of your equipment. We accept no liability for interruptions to your Services or for any resulting damage or loss suffered by you or any third party.
We reserve the right to perform maintenance work from time to time, which may temporarily interrupt your access to the service. Where possible, we will perform this work during non-peak times.
You must direct all queries regarding faults/outages of the service to our technical support 1800 248 255. You must not direct inquiry to any third party service providers. We will invoice you for costs incurred to us if you engage a third party for assistance with your Services.
You may be able to port a phone number you have obtained from another carrier or carriage service provider when you connect to the service.
We will not charge you a fee for porting a phone number from another carrier or carriage service provider.
You must not cancel the service you have with the other carrier or carriage service provider before you port the phone number. We will inform the carrier or carriage service provider from which you have ported the phone number that you have ported the phone number and they will cancel the service.
You may need a new mobile phone or you may need to have your mobile phone unlocked if you are porting between different types of mobile networks.
You can port a phone number you have obtained from us for use with the service to another carrier or carriage service provider.
We may charge you a fee to port the phone number to another carrier or carriage service provider.
You must not cancel the Services before you port the phone number. The carrier or carriage service provider to which you have ported the phone number will inform us that you have ported the phone number and we will cancel the Services.
You can only port the phone number, you cannot port any value added services.
You may only port a phone number for which you are the authorized customer.
You will be assigned a phone number if you do not wish to port a phone number. It is free of charge to assign you a phone number. In the event that you have specific requirements regarding the phone number assigned to you, you may be charged for the fee of the specific phone number.
We provide our Services under packages and plans. Details of the rates and charges, including any minimum spends which apply to the Services are available on our website see Our plans typically have periodic fees, usage charges and promotions and may have a minimum term. Our packages, plans and promotions have specific terms and conditions and may be restricted to certain customers such as new, existing or special needs.
You must pay us all fees and charges that are incurred in using the Service.
You acknowledge that before entering into the agreement you have received and understood the terms and conditions of your package, plan, applicable promotion(s) and fees and charges.
Plans may have a minimum contract period and, if you cancel the Service before the end of the minimum contract period or we terminate the agreement for your default before the end of the minimum contract period, you will be liable to pay us the monthly recurring charges that would have been payable for the remainder of the minimum contract period.
If your usage of a product exceeds your included value or included data, you will be charged an amount additional to your minimum monthly spend. All rates and charges are subject to change. Unless the otherwise stated, call usage is billed in blocks of 60 seconds. Usage is rounded up to the end of the current block.
Your plan may be varied, extended or renewed as agreed between you and us from time to time. If you do not contact us at expiration of your minimum plan term we will assume you require the Service to continue under the same terms and conditions on a rolling monthly basis until you notify us otherwise.
You may change a plan:
(a) if your current pricing plan allows you to change, and
(b) if you meet the eligibility criteria of the pricing plan to which you intends to change (for example, if you are changing from a pricing plan with lower charges to a pricing plan where there are higher charges that you meet the credit requirements of the pricing plan with higher charges), and
(c) if applicable, you agree to pay the change of plan fee or other fee which we advise is payable by you for the change of plan.
Migrating to another plan does not reduce the Minimum Contract Period or terminate the original agreement or result in a reduction of the charges payable by you to us. We may specifically agree to an early termination of a Minimum Contract Period when you change to another plan but this is at our discretion unless specifically agreed by us in the new plan or any special offer.
Downgrade Swap is not allowed. The upgrade swap application is only accepted by 23rd of every month. And the plan swap is effective from the next monthly rolling.
You may obtain mobile equipment from us for use with the service or you may choose to use mobile equipment you have or have obtained from a third party.
To protect consumers from illegal trade in mobile equipment, if we have a reasonable belief that your equipment (mobile phone) is stolen, we may ask you to provide proof of ownership of your mobile equipment.
If we ask you to provide proof, you must provide us with that proof within ten (10) business days.
You are responsible for making sure that:
(a) all regulatory approvals for your mobile equipment have been obtained, and
(b) your mobile equipment complies with all relevant technical regulations and specifications at all times.
(c) You are responsible for the maintenance of your mobile equipment.
If your mobile equipment appears to be faulty or interferes with the Service, we are entitled to require you to:
(a) provide your mobile equipment for us to inspect, and/or
(b) cease using that mobile equipment until the problem has been corrected.
Customers could call iTalkBB service number to require a new card by answering some personal questions, or go directly to our stores to get a new card via showing your ID. iTalkBB will charge you the cost of a new card fee in the amount of $10. After the payment, the card may be re-active by phone or by person.
Customer is obligated to all charges from the lost Sim card before our customer service is required to block this Sim card.
If you do not bar CLI on your mobile phone, the phone number assigned to you may be displayed on the phone of the person you are calling.
When another person calls you, the phone number of that person may be displayed on your mobile phone if that person has not barred CLI on their phone.
When you send a SMS or MMS, the phone number assigned to you or your name may be displayed on the phone of the person to whom you are messaging. You cannot bar the phone number assigned to you or your name when you send a SMS or MMS.
You have a period of fourteen (14) days from the date of receipt of the equipment to return it to iTalkBB unopened. This includes the return, unopened, of any bonus promotional items. Title to Equipment does not pass to you until the completion of the Return Period or you opening of the Equipment.
If the Equipment is returned to iTalkBB we will assume you no longer wish to have your Call Plan, Handset Payment or Plan Upgrade. iTalkBB will refund you the full amount minus the postage and handling once the handset has been returned and assessed. If the Equipment has been opened then it will be returned to you and we will charge you the retail value. Charges will apply for incomplete or damaged Equipment.
iTalkBB may accept customers return Sim card at iTalkBB' sole discretion provided such Sim card has not been removed from the card and is not activated by iTalkBB.
We may choose to bar outgoing and/or incoming calls and/or content on your mobile phone, instead of suspending the service.
If we bar outgoing and/or incoming calls and/or content on your mobile phone, we may later suspend or cancel the service for the same or a different reason.
You acknowledge that:
(a) the Service relies on the service provider for its operation, who are not controlled by us, and
(b) we do not exercise any control over, authorize or make any warranty regarding:
(i) your right or ability to use, access or transmit any content using the Service,
(ii) the accuracy or completeness of any content which you may use, access or transmit using the service,
(iii) the consequences of you using, accessing or transmitting any content using the Service, including without limitation any virus or other harmful software, and
(iv) any charges which a third party may impose on you in connection with your use of their services accessed via the Service.
Some plans have a Minimum Contract Period. The Minimum Contract Period is the minimum period during which you must acquire and retain the Service. The Minimum Contract Period commences when the Service is activated.
The Minimum Contract Period varies from plan to plan, and will be advised to you during your application for the service.
With some plans you are charged for all downloads and uploads in excess of a specified monthly usage quota, at a rate specified in the plan.
In calculating download usage, 1GB (Gigabyte) is equal to 1000MB (Megabyte); 1MB is equal to 1000KB (Kilobyte).
By signing the Direct Debit Request and Authorization Form, we'll automatically debit your bank account on the due date of your monthly bill or on the date depending on your excessive usage. In your first bill, you will be charged Sim card fee $10, deposit fee $30 and your minimum first monthly spend from the day you activate you Sim card (including suspend status) to the end of the month.
The cap value of the first month is normally calculated as below. However, if you activate the Sim card on the last day of the month, no cap value is available on that day. You must be charged by plan rate. Credit Card Payment: Upon purchase, Customer must provide iTalkBB 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 Services. 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: Upon purchase, Customer must provide iTalkBB a signed Direct Debit Request and Authorization 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 Services. Customer shall notify iTalkBB of any change to the Credit Card or Bank Account information including, without limitation, changes in account number, expiration date and billing address. While customer first time provide the bank details without any register fee or renew the bank details, Customer authorizes iTalkBB to charge $2.01 as the bank verification fee in your bank account. It will be refund to the customers' BB account after the verification success.
Invoicing: iTalkBB will provide Customer with a monthly online invoice for Services and bill all charges invoiced to Customer's account to the Credit Card or Bank Account. Charges shall include, monthly service fees, usage fees, shipping charges, Cancellation Fee, toll charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month's Service. Toll charges and other applicable charges are billed at the end of each service month. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services
You may terminate a Mobile service by giving us at least 14 days written notice. You must pay for charges for the Service up to the end of the notice period.
You authorize us to charge all termination fees, including, but not limited to, any early termination charges to your credit card or direct debit account on receipt of your termination notice.
The last bill includes three parts as below.
You must pay:
a. Cancellation fee
Cancellation Fee = Monthly Fee × 60% × Remaining Months on Contract
b. Toll charge
Cap Value of Last Month=Cap Standard Value × (Active Days)/(Days of the Whole Month)
Any excessive call usage for value of last month will be charged as per rate plan.
c. Monthly fee
Monthly fee of Last Month=Standard Monthly Fee × (Active Days)/(Days of the Whole Month)
Cancellation Fee may not applicable to those who sign up after 04/16/13.
You use the Service at your own risk and we take no responsibility for any data downloaded and/or the content stored on your computer or mobile phone. You agree not to make any claim against us, our suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the Service.
The Fair Go Policy applies to all promotions and Services and may extend to future promotions and services as determined by us from time to time. The policy allows us to request that excessive users of a promotion or Service limit their use or cease using a promotion or or service. You must not use the Service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service.
Sections 19.3 and 19.4 set out the levels that are considered excessive use of a promotion or service. If a customer excessively uses a promotion or service, we may (a) first advise the customer that the use is excessive and request the customer to reduce the use and (b) if the excessive use continues, suspend or cancel a customer's access by giving 3 days written notice.
'yes' TimeTM: Excessive use of 'yes' TimeTM is currently considered to be more than 2,000 minutes per billing period per mobile service.
Push to Talk: Excessive use of Push to Talk is currently considered to be more than 150 minutes of use per billing period per mobile service number.
We may contact you if we become aware of an unusually high use of the Services by you (including to verify any costs or charges which you may have incurred) however we are under no obligation to do so. For example, if you suddenly make an unusually high volume of calls to international destinations using the Services we may contact you to determine whether that use is likely to continue. If so, we may ask you to make a pre-payment usage charge. Please note that we may also be entitled to suspend the Services for an unusually high use of 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.
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.
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.
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: 15 September, 2013
Copyright iTalkBB (Australia) Pty Ltd 2013