Wireless Broadband Terms and Conditions

  1. General

    1. These terms (Wireless Broadband Terms), in addition to the Terms of Service or any other general terms which have been specifically agreed to (Standard Terms) and any other specific terms and conditions we notify you of (together, the Agreement), set out the basis on which 2talk Limited (2talk, we, or us) provides wireless broadband services to you (Services). To the extent there is any inconsistency between these Wireless Broadband Terms and the Standard Terms, these Wireless Broadband Terms shall prevail (unless specifically agreed otherwise). 1.2. The Services are subject to 2talk’s Fair Use Policy found here.

  2. Service charges

    1. 2talk will commence billing for your Services from the date your wireless broadband service is provisioned to your account.
    2. You will be charged in accordance with clause 3 of the Standard Terms, unless we specifically agree otherwise.

  3. Services description

    1. You acknowledge that wireless broadband is not available everywhere. This means the Services are only available in selected 4G or 5G coverage areas with sufficient network capacity. To see if the Services are available to you, please contact the 2talk team.
    2. The Services are authorised only for use at the address you specified at the time of signup. If you want to move your address for the Services, contact the 2talk team. The Services may not be available at another address.

      3. 2talk reserves the right to manage traffic at peak times to improve the overall performance and experience of our Services among our customers. In particular, we reserve the right to prioritise specific types of traffic over other traffic at times of congestion (and for limited time periods) where we consider there will be significant customer interest in the specific type of traffic and these actions are necessary to ensure customers receive acceptable Services.

    3. Speeds can be impacted by the distance between your Modem and a cell site, the performance of your Modem (in particular, where you use a BYO modem), your WiFi setup, the level of usage of a particular cell site by others, network capacity, and the number of devices connected to your Modem. Speeds may also be impacted by the location and quality of the websites you choose to view and the software you may have downloaded (malicious or otherwise). The day-to-day performance of the Services will also be affected by our network. Any speed representations are averages and are not an indication of the actual speed of an individual connection. Speeds may be more or less than the average speed.
    4. We will use all reasonable efforts to ensure that the Services are reliable and available at all times. However, we cannot promise that our Services will always be available or fully functioning. If our Services are unavailable for any reason, we will endeavour to restore the Services as soon as possible.
    5. In some circumstances we may be required to take reasonable action to protect our customers and effectively manage our network.

  4. Modem

    1. The Services require a modem, which can either be a 2talk - supplied Modem or a BYO Modem.
    2. If you use a BYO Modem for the Services, you are responsible for:
      1. ensuring that your BYO Modem supports any specifications for the Services and otherwise remains fully functional in respect of receiving the Services; and
      2. configuring your BYO Modem to 2talk’s network settings.
    3. You agree that 2talk:
      1. can only offer limited technical support for your BYO Modem; and
      2. may not be able to resolve issues relating to your BYO Modem and you may need to consult an independent expert at your own cost.
    4. If your BYO Modem causes you not to receive the Services, you will still be liable for any charges.
    5. If you will use a 2talk – supplied modem to consume the Services, you will need to buy a 2talk – supplied Modem from us and pay for this upfront. 2talk – supplied Modem shipping charges will apply in accordance with our website.
    6. In the event of a power failure, your Services will not be available, including access to emergency services if you have a home phone connection. Make sure you have a fully charged mobile phone available for use in power outages, including for emergencies.
    7. 2talk Modem costs are provided at point of sale.

  5. Application for Services

    1. We are not obliged to provide the Services unless we accept your application. We have the right to decide to provide the Services, or not to accept any application for the Services.

  6. Your obligations

    1. If your usage exceeds the applicable plan usage amounts set out on our website, your service will be rate limited to slow data speeds until next bill cycle.
    2. Unless expressly permitted under the Standard Terms (in which case, the order of precedence under clause 1.1 shall not apply to that specific term), the Services are offered for doing business from your business premises, for your own internal business purposes. The Services must not be used for contact centres, auto-dialling, continuous call forwarding or telemarketing, resupply, resale, onsale or any other supply to a third party, or use which 2talk considers is or may be detrimental to or interferes with our provision of the Services to you or any other customer or interferes with our network or equipment.
    3. You must not use or permit our Services to be used in any way, which; a) breaks any law; b) infringes anyone's rights; c) is malicious, obscene, offensive, causes a nuisance; d) is or acts as a gateway server; or e) damages or compromises the 2talk network or that of any other operator.
    4. You must immediately report to us any misuse of your Services or disclosure of your account and/or account information.
    5. We do not control the information that can be accessed through the internet. Accordingly, we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our Services. We are also not liable for any viruses or other harmful code which you may download via the Internet or which may be otherwise transmitted to you via our Services.

  7. Changes to Services

    1. We may make changes to the Agreement from time to time, and this may include changes to the price of the Services and / or the way in which you are able to use the Services.
    2. If we reasonably believe that a change is likely to benefit you, or have no neutral impact on you, we may may that change without giving you prior notice.
    3. 7.3. If we intend to:
      1. increase our charges for any of the Services; and / or
      2. reduce the elements of the Services you are using; and / or
      3. change the terms of this Agreement;

      4. and we reasonably believe that the change will only have a minor detrimental impact on you, we will give you at least 10 working days’ prior notice, and where possible, we will try to give you 30 days’ prior notice before making that change.

    4. If you can demonstrate to our reasonable satisfaction that a change would have more than a minor detrimental impact on you such that the change would:
      1. materially adversely impact the way in which you use the Services; or
      2. materially adversely increase the charges you would incur from your usual use of the Services; and
      3. the change is not one that is specifically provided for in this Agreement or we are required to make by law,

        4. you may notify us that you wish to immediately terminate this Agreement. Notice of intended termination under this 7.4 clause must be given within 30 days from the time we notify you of the change (Notice Period).

    5. If you continue to use the Services after the Notice Period you are deemed to have accepted the change. 7.6. Requests for termination under clause 7.4 will be considered on a case-by-case basis but will not be unreasonably denied. However, we are entitled to transfer you to another available plan or Services, if we reasonably believe that as a result of such a transfer you would not be in a materially different position from that which you were in prior to the change.
    6. You will remain liable for all charges incurred up to the date of termination.

  8. Termination

    1. We may terminate our Agreement with you or suspend or terminate the Services being provided to you, including where you are in breach of this Agreement, including our Fair Use Policy, or your use of the Services in an offensive, abusive, inappropriate or an unlawful manner. For more information on our main termination rights, see clause 7 of the Standard Terms (where applicable).
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