2talk PTY LTD, Terms and Conditions
Company ABN: 22161656499
1. TERMS OF SERVICE
1.1. These terms of service constitute the agreement between 2talk Pty Ltd (we or us) and the end user (you, your or customer). By activating or using any of the services, you represent that you are authorised to enter into this agreement and that you have read and understood the terms and conditions of this agreement.
1.2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.
2. OUR SERVICES
2.1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
2.2. You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power or the outage is restored, and may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
2.3. EMERGENCY SERVICES- 000 DIALING. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 000 dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. 2talk strongly recommends that you keep another form of telephone (mobile or landline) to use during those periods when the service is not available. You acknowledge and understand that 2talk's liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document.
2.4. Unless otherwise agreed, we do not provide or support your internet connection. You accept that 2talk might not be compatible with non-voice communications equipment such as alarms, fax machines, cable and medical alarms.
3. CHARGES AND PAYMENT
3.1. To use our payable services you must have a credit balance on your account and agree to use a Credit Card to deposit a credit balance onto your account. This can be done online at live.2talk.com.au or during the signup process. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise 2talk at once.
3.2. All services with 2talk are pre-paid. You must maintain a positive balance to be able to use the service. We will bill all fixed charges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute. Customers are responsible for making payment to keep their accounts up-to-date in accordance with the account status.
3.3. All rates and fees are in Australian dollars. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www. 2talk.com.au.
3.4. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
3.5. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
3.6. REFUND POLICY No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost. 2talk will refund call charges if it can be demonstrated that the customer has been incorrectly charged. If a customer upgrades or downgrades the service plan, there is no refund for the portion of the monthly and DID fees. For an existing 2talk customer to change the service plan/account, the changed service/plan shall be treated and charged as a new and separate service.
4. USING OUR SERVICES
4.1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone's rights or in a way which is malicious, obscene or offensive.
4.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
4.3. We can suspend or restrict the services we provide you at any time if:
i) you resell any of our services;
ii) you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;
iii) we believe that you have breached any of our terms and conditions.
4.4.It is important to 2talk that all eligible 2talk customers are able to access our services. For this reason, and to ensure the provision of quality and reliability of our services, a Fair Use Policy applies to all our services and plans. We reserve the right to vary the terms of this Fair Use Policy from time to time. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
i) monitor and investigate your usage; and
ii) suspend and/or withdraw the Service; or
iii) charge our standard per minute rate for additional calls
4.4 You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.
4.5. If your service is canceled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by 2talk.
4.6. 2talk operate a Bring Your Own Device Service
i) Customers are responsible for safe-keeping of their 2talk user name and SIP password used on the equipment they provide. 2talk is not responsible or liable for any damage if this information is compromised in any way. The customer is solely responsible for the security of the phone system and hardware to prevent PBX hacking or Toll Fraud.
ii) 2talk provides technical support service at best efforts only and cannot guarantee working of the service if the device /equipment is not supplied by 2talk.
5. PHONE NUMBERS
5.1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.
5.2. If we need to change your number we will send you notification by email and give you as much notice as possible.
5.3. We can withdraw or terminate any number at any time without liability.
5.4. You may be able to port your 2talk number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.
5.5. If your account is inactive for more than 6 months or canceled and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
5.6. 2talk does not provide Priority Assistance Service as defined in the Communications Alliance Industry Code ACIF C609:2007 “Priority Assistance for Life Threatening Medical Conditions”. The Code states ‘There are currently no regulatory obligations on providers other than Telstra that require the offering of Priority Assistance to Customers’.
6.1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
6.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
6.3. In order to terminate your service, you must email us at the following address [email protected]
. Termination will not take effect until the end of your current prepaid month.
7.1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
i) if any communication is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any incompatibility with other services;
iv) if any software we supply does not operate properly; and
v) for any equipment or network failures.
7.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
7.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
7.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
7.5. Nothing in this clause limits any rights you have as a consumer under the Australian Consumer Law. (Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).)
8.1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, IP Address, email address, contact phone number and credit card information. We may share information collected with other companies that work on our behalf.
8.3. Any personal information we collect is kept at our offices. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
8.4. Except where we provide private encrypted links, when transmitting voice and other communications via the public internet and third party networks we are not liable for any lack of privacy with the service.
8.5. We may record or monitor calls between us to verify information and for staff training purposes.
9. CHANGING THESE TERMS
9.1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you and by providing relevant information on our website. The latest terms and conditions are available at www.2talk.com.au.
10.1. 2talk will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
10.2. If your contact email address changes you must advise us of the new details as soon as possible.
10.3 You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.
11. OTHER MATTERS
11.1. These terms are to be interpreted in accordance with the laws of New South Wales. The parties submit to the jurisdiction of the Courts of New South Wales and any court hearing appeals from those Courts
11.2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
11.3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.