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Standard Broadband terms and Conditions

By subscribing to Talk Down Under Internet Services you acknowledge that you accept these terms and conditions. Talk Down Under  may revise the terms from time to time by posting a new version on the Talk Down Under  web site. Your continued use of the Service after such postings will constitute acceptance of the variation. As such Talk Down Under  users should consult the document regularly to ensure that they conform to the most recent version. Questions regarding these Terms and Conditions should be directed to info@talkdownunder.com.au.

Your access to the Service is subject to these terms and conditions and any other instructions we give you, whether through our website or otherwise. These terms and conditions revoke any earlier versions.

Business SHDSL is available to new and existing eligible credit approved Talk Down Under Small Business customers, as defined by Talk Down Under. Pricing is available on application and standard Talk Down Under Terms and Conditions apply.. Business SHDSL is only available for buildings within the XYZed exchange areas.

1.1 The Talk Down Under  Internet Service provided consists of those services set out on your Application for Internet access, and paid for in accordance with the published price list. The Service is provided subject to these Terms and Conditions.
1.2 Access by clients to computing and networking facilities owned or operated by us imposes certain responsibilities and obligations and access is granted subject to policies and statutes of the University, and State and Commonwealth laws.
1.3 Talk Down Under strives to cooperate with other systems administrators, network providers, legal authorities of the State and Commonwealth, and the international community to provide a reliable and trustable service. Whilst we respect your privacy and right to use this service as freely as possible, we reserve the right to monitor user activity.
1.4 Where your Talk Down Under account receives a monthly download allowance, the download will be applied as follows: NB. External dial-up accounts upon opening a new Talk Down Under  (ADSL) Internet account, we will provide you with your full monthly download allowance on the day the account is activated. For as long as your account is valid, you will receive the full monthly download allowance on the first day of each month.
1.5 The Service provided is subject to our Privacy Policy .

2.1 You represent that you are at least 18 years old and that you have the right and ability to enter into this Agreement. All persons under the age of 18 cannot open an account and must receive the consent of a parent or guardian before using an account. All persons under the age of 18 must provide an Internet Access Permission for Under 18s form, signed by a parent or guardian, before they can be given access to the Internet and it is acknowledged that in such circumstances your parent or guardian enter into this Agreement with Talk Down Under .
2.2 Responsibility for the installation, configuration and purchase of your software and hardware for the purpose of using the Internet Access Service rests solely with you. You must ensure that all communications software used on your equipment is properly licensed. To connect to this service you will require a computer and an appropriate modem or router that complies with all relevant ACA technical standards. Please refer to our Online Help Desk for details of minimum requirements.
You acknowledge that the Installation and operation of the Service may cause temporary disruption in standard telephony services received by you or may mean that you are unable to be supplied with these services.
2.3 You may permit another person, including a minor, to use your account but you assume all responsibility and liability for the activities that person conducts on-line, and for any material to which that person is exposed.
2.4 If you experience any difficulties with your connection it is your responsibility to advise our Help Desk on 1300 665437 or email info@talkdownunder.com.au.
2.5 The maximum single email size that can be received is 10MB. We may delete any email message sent to you, or by you, if the size of the message (including attachments) exceeds 10MB. If we delete email messages, we are not obliged to notify you or the sender.
2.6 If in our opinion you act irresponsibly or recklessly in using the Services including by breach of these terms and conditions, or you unreasonably consume excess resources on Talk Down Under 's systems, networks or 3rd party infrastructure, Talk Down Under  reserves the right at any time and without notice to you, to shape your connection, change your service or suspend or terminate your account.
2.7 You may not assign or transfer any of your rights or obligations under these Terms and Conditions.
2.8 Talk Down Under  undertakes only limited monitoring for and filtering of Spam. It is the responsibility of each End User to implement spam filtering software.
2.9 You must not use, suffer, or permit another to use this Service in an unlawful manner that violates any local, state, Commonwealth or international law, order or regulation.
2.10 You may make appropriate use of the facilities, which should always be legal and ethical, reflect honesty and community standards, and show restraint and consideration in the use of shared resources.
2.11 You must demonstrate respect for intellectual property, ownership of data and information, system security mechanisms, and the individuals' right to privacy and to freedom from intimidation, harassment and unwarranted annoyance.
2.12 You acknowledge and accept that you are responsible for your use of the Services including for the content of any data or information, which you may send or receive or store while using the Internet Access Service.
2.13 You acknowledge that the network used to provide the Services is not necessarily a secure and confidential method of communications and shall transmit data on the network at your own risk.
2.14 You acknowledge that neither Talk Down Under  Internet Services nor its providers will be responsible for ensuring that any material sent or received by means of the Services is sent or received correctly.
2.15 You agree not to use the Service to:

• 2.15.1 store, send, or distribute material which is unsolicited, offensive, obscene, indecent, pornographic, confidential, menacing, may cause annoyance or needless anxiety, or that could give rise to civil or criminal proceedings;
• 2.15.2 distribute unsolicited advertising or spam or overload any network or system;
• 2.15.3 do anything, including store, send or distribution of material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person;
• 2.15.4 do anything, including store, send or distribution of e material of an illegal or fraudulent nature, including activities prohibited under any applicable state and commonwealth law;
• 2.15.5 breach any laws, codes, standards, and content requirements of any relevant authority;
• 2.15.6 do anything, including store, send or distribution of material which interferes with the normal operation of the Service or its use by other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet or the network and systems used to deliver this service;
• 2.15.7 access, monitor, or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
• 2.15.8 compromise the security or integrity of any network or system including any part of our network;
• 2.15.9 place any viruses or other similar programs onto the Service or the Internet;
• 2.15.10 store, distribute or reproduce commercial software, or reproduce a third party's software or material without the legal owner's permission;
• 2.15.11 forge header information, email source address or other user information;
• 2.15.12 use another person's name, username or password or otherwise attempt to gain access to the account of any other customer;
• 2.15.13 tamper with, hinder the operation of, or make unauthorised modifications to any network or system;
• 2.15.14 attempt any of the above, or permit another person to do any of the above.

2.16 Notices may be issued to us from time to time in accordance with relevant Commonwealth legislation and which may require us to attend to certain matters, which may include removing certain Internet content from our servers or to disable access to the material alleged to be infringing and residing on the Talk Down Under  system or network at your direction. You agree that we may take any necessary steps in order to comply with any relevant notice so issued including suspending your account and any relevant industry code of practice at any time without prior notice to you.
2.17 You acknowledge that we may monitor your use of the Service to ensure your compliance with these terms. In conjunction with relevant law enforcement agencies we may investigate any misuse of the Service by you. If your use of the Service results in loss to Talk Down Under or other users, we may require you to pay compensation.
2.18 ADSL Only: You will provide safe access to Talk Down Under  or another Supplier (as applicable) to inspect or test any equipment that may be causing interference or danger, or as required in connection with the provision of the ADSL service provided we give you reasonable notice of any need to gain access. You undertake to comply with all reasonable directions issued by Talk Down Under   or another Supplier in respect of the Service including requests to modify, maintain or remove equipment as required by Talk Down Under  so as to ensure the efficient delivery of the Service.
2.19 ADSL Only: In the event that a problem with an ADSL connection falls outside Talk Down Under ’s area of control, we will escalate the incident to the service provider for resolution. Whilst Talk Down Under  will work with the service provider to achieve resolution of the problem, we cannot guarantee the resolution timeframe, nor accept liability for any loss of service associated with such problems.
2.20 ADSL Only: Where provision of equipment to enable you to access the network (“CPE”) is required, arrangements may be made with Talk Down Under .  Any liability accepted by Talk Down Under  for equipment it supplies will be dealt with in a separate supply Agreement. Talk Down Under  is not responsible for equipment which it has not supplied and you agree to indemnify Talk Down Under  and its providers for any loss, cost, expense or liability which they may suffer as a result of your use of equipment which you supply.
2.21 You agree to report any faults experienced in accordance with the fault reporting procedures notified from time to time by Talk Down Under .
2.22 You may not resell any services provided by Talk Down Under .

3. Charges, Billing Procedures and Payment

3.1 You agree that all monies are non-refundable and that periodic fees are payable in advance.
3.2 If you relocate your ADSL service you will be liable for a relocation fee.
3.3 If you terminate your Talk Down Under service at any time before the agreed contract term, (if one is applicable) you agree to pay Talk Down Under  all remaining fees up to and including the fees due at the expiry date of your contract term and you may in addition incur an early disconnection/termination fee. 
3.4 ADSL services only: If you move location and no longer require the ADSL service, you must terminate the service through Talk Down Under. You are liable for all applicable ADSL fees until the service has been terminated through Talk Down Under. Please note that we are not automatically advised when a phone number is no longer in service.
3.5 You accept responsibility to pay any costs or charges incurred by using your account. Current charges for using Talk Down Under services are detailed on the Talk Down Under  website. We may vary the terms of this Agreement including any fees, rates and charges:

• 3.5.1.1 without notice to you if the variation arises due to a change in taxation law or other governmental action; and,
• 3.5.1.2 by providing one month's notice to you of any other variation. Your continued use of the Service after such notice will constitute acceptance of the variation.

3.6 We will invoice you on a continuing basis for our Internet Access Service according to the published price list.
3.7 Where you receive or view your bills electronically you acknowledge that the electronic display of your bills constitutes notification of the charges contained in those bills and the due date payable.
3.8 If you pay for your Talk Down Under  service by direct debit payment (either from your credit card or from your nominated bank account), you authorise us to debit any undisputed outstanding charges (including cancellation fee, or early disconnection/termination fee if any) from your credit card or bank account.

4. Inappropriate Content

4.1 Some material on the Internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content and services offered by other individuals or companies on the Internet or for any other information whatsoever passing through the service. Talk Down Under  provides access to content filtering software, approved by the Australian Communications and Media Authority (ACMA), from its home page www.Talk Down Under .net.
4.2 You are solely responsible for all information you publish on the Internet.  For information about Restricted Access Systems see http://www.acma.gov.au/.
4.3 Talk Down Under  reserves the right to remove, or prevent access to, any information or materials that it deems to be offensive or inappropriate regardless of whether the content is unlawful.

5. Termination of Account

5.1 This is a continuing contract. You must notify us if the Service is no longer required.
5.2 You remain liable for any charges you incur up to the effective date of termination. No refund of any fees will be granted, and no unused services, credited to your account, will be redeemable or convertible to cash or any other form of credit.
5.3 You may terminate the Service by notifying us over the phone (you must be the account holder or know the answer to the Security ID question) or by notifying us in writing. Termination of the service may not occur immediately.
5.4 If, in our reasonable opinion, you breach any of these Terms and Conditions, Talk Down Under reserves the right to terminate an account or vary any Service provided to you without notice.
5.5 ADSL services only: ADSL services are subject to a minimum contract period of twelve months. If you wish to terminate within this period you will be subject to a termination fee.
5.6 If in our reasonable opinion, your use or attempted use of the Service compromises the network or systems used to deliver the Service or place at risk the delivery of the Service to other users then Talk Down Under may without notice to you act to terminate or suspend your use of the Service or part of the Service.
5.7 ADSL services only: If you are transferring your ADSL service to Talk Down Under from another service provider you agree to the following terms of transfer:

• i. Talk Down Under  will supply your DSL service from the date the transfer takes effect. Talk Down Under  will notify you when this happens;
• ii. You will pay Talk Down Under  for all changes associated with the service from the date that this transfer takes effect;
• iii. You will still be responsible to your current DSL supplier for any charges incurred and/or billed up to the date the transfer takes effect;
• iv. Talk Down Under  may refuse to transfer or may cancel your service on the basis of its credit assessment of you;
• v. You acknowledge that after the transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (e.g.: discounts or specific product enhancements);
• vi. You authorise Talk Down Under  to act on your behalf to transfer your DSL service;
• vii. You acknowledge that your DSL service will remain active with your current supplier until the transfer takes place and you will need to contact your current supplier about technical faults until this date;
• viii. You may experience an outage of up to 4 hours whilst the transfer takes place;
• ix. You acknowledge that Talk Down Under  depends on other suppliers to provide the DSL service and the ability of Talk Down Under  to provide the DSL service to you may be affected by other suppliers, which is beyond the control of Talk Down Under .

6. Indemnity and Liability

6.1 You accept that your use of Talk Down Under Internet Services is at your own risk. Neither Talk Down Under Internet Services nor its providers will be liable for any loss, damage, cost, expense or liability arising from any claims due to your use, misuse or attempted use of any facility or service covered by this Agreement. Further, you agree to fully indemnify, and to keep indemnified, Talk Down Under Internet Services and its providers for any loss, damage, cost, expense or liability reasonably incurred or suffered by, or awarded against, Talk Down Under  Internet Services or its providers and which arises from your use, misuse or attempted use of any facility or service covered by this Agreement.
6.2 You understand that the Internet contains viruses, Trojan programs and other computer programs that may destroy or corrupt data on your own system. You agree to protect your system against viruses on a regular basis. You agree that we have no control over such programs or viruses and that we are not liable for any damage to, or loss of data caused by a virus or other similar program. You are solely liable for all charges arising from use of your account as a result of viruses, Trojan programs, or other computer programs.
6.3 You expressly agree that use of the Service including any content you may obtain through or on the Service including reproduction, communication or making available of material derived from your use of the Service is at your sole risk.
6.4 You agree that the Service, including any CD ROM provided to you in connection with the Service, is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
6.5 The liability of the Talk Down Under  Internet Services and its providers for breach of any term, condition or warranty or under any remedy implied by law (which cannot be excluded) will be limited (if permitted by law) to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied (at Talk Down Under  Internet Services’ option) and reduced to the extent that such liability is caused by your negligent acts or omissions, or a breach by you of the terms of this Agreement.
6.6 The aggregate liability of Talk Down Under  Internet Services’ and its providers to you for all direct, indirect and consequential losses, damages, costs, expenses, actions and claims arising out of or otherwise in connection with this Agreement, whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, is limited to the total fees paid by you under this Agreement in respect of the relevant Services in the 12 months preceding the relevant cause of action accruing (or, if there is more than one, the last cause of action accruing).
6.7 You agree that we are not responsible for any unsolicited or unwelcome information disseminated via the Internet to you or the consequences of you receiving such information.
6.8 You agree that we do not warrant that the Service will be available continuously or free of faults.
6.9 You agree that we are not liable in any way if your equipment fails.
6.10 This Agreement is governed by and construed in accordance with the laws of the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
6.11 This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service.