DIAL-UP PLANS
LOW COST INTERNET FOR YOUR HOME OR BUSINESS

BigPond ISDN Member Agreement

BigPond ISDN plans were withdrawn from sale on 21 December 2007, and will be withdrawn from the market on 30 November 2008.

These terms and conditions apply to BigPond ISDN plans only. For BigPond Dial-Up Single User terms and conditions, see Our Customer Terms.

Words that are capitalised (e.g. Service) have the meanings set out in the Dictionary at the end of this Agreement or within the clause of the Agreement within which they are first used.

1 About this Agreement

1.1 Your use of the Service (and, if you are a Group Administrator, your Group Member's use of the Service) is subject to the Terms and Conditions of this Agreement (which includes the Plan Table for your BigPond ISDN service, which was provided to you when you signed up to the BigPond ISDN service, and the Privacy Statement). Please read this Agreement and the relevant Plan Table carefully.

1.2 This Agreement begins if and when we accept your application for the Service (or, if you are a Group Member, when you first use the service) and continues until terminated by either party in accordance with this Agreement.

1.3 In some circumstances, the law allows certain consumers to cancel this Agreement by notifying us within the Cooling-Off Period. If you are entitled to a Cooling-Off Period, we will tell you before you enter into this Agreement with us, but we may choose not to provide the Service or the Equipment to you until the Cooling-Off Period has expired.

1.4 If you are a Group Member or a Group Administrator, these terms may apply differently to you. Please see clauses 15 and 16 for more information about how these terms apply to you.

2 Provision of the Service

2.1 We will provide the Service in accordance with this Agreement, however, given the nature of telecommunications systems, (including the Service's reliance on systems not owned or controlled by us) we cannot promise that the Service will be continuous or fault free.

2.2 We do not check the content of information available from the Service. Some content is not suitable for minors and may offend. We are not responsible for content that you (or, if you are a Group Administrator, your Group Members) access on non-Telstra sites.

2.3 We are not responsible for any fault caused by:

(a) your (or, if you are a Group Administrator, your Group Member's) Equipment; or

(b) private transmission equipment, data transmission or other services provided by a carrier or party other than us.

2.4 We are not liable for the security of data on any of your (or, if you are a Group Administrator, your Group Member's) Equipment or passing over the Service, and we have no obligation to ensure, and make no representations or warranties concerning, the security of data.

2.5 The Dial-Up plans are not designed for continuous connection to the Service. We may apply a limit on the continuous access time to the Service (called a "session limit") and we may disconnect your dial-up session if no data is transferred for a continuous period (called "idle timeouts"). Session limits and idle timeouts are set out in the Plan Table for your Dial-Up plan.

3 Your use of the Service

3.1 You must, at your own expense, install and maintain the Equipment necessary to access and use the Service. If you (or, if you are a Group Administrator, your Group Member) cannot access the Service because your (or, if you are a Group Administrator, your Group Member's) Equipment is not working or is faulty, the monthly fees payable for your Dial-Up plan will still apply.

3.2 You are responsible for ensuring that you (and, if you are a Group Administrator, your Group Member) keep your Login secure. If you give another person your Login to access the Service, you must ensure that they are aware of and comply with the terms of this Agreement.

3.3 When using the Service you must not (or, if you are a Group Administrator, you must ensure that your Group Member does not):

(a) breach any law, standard, content requirement, or code, or infringe any third party's rights;

(b) interfere with, damage, disrupt, or unlawfully use or gain access to any service, equipment or computer service;

(c) use the Service to send, display, access, make available, publish, distribute or be otherwise involved in material which is obscene, defamatory or is, or would be regarded by us, acting reasonably, as, in all the circumstances, offensive;

(d) do so in a way which interferes with other users, or harasses or menaces anyone;

(e) send unsolicited messages of any kind;

(f) create, send or alter in any way or by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone else; or

(g) resell or attempt to resell the Service or any part of it; or

(h) use the Service, attempt to use the Service or allow the Service to be used to host any device or service that allows email to be sent between third parties not under your authority or control.

3.4 We may scan any IP address ranges allocated to you (or, if you are a Group Administrator, your Group Member) for use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.

4 BigPond ISDN

4.1 To obtain a BigPond ISDN Dial-Up plan, you must have an existing Telstra ISDN Home access service ("Telstra ISDN Home"). The terms (including pricing) for Telstra ISDN Home are set out in the PSIS section of Our Customer Terms, as amended by this Agreement.

4.2 When you have a BigPond ISDN Dial-Up plan, you may only connect to the Service via the access number set out in the Plan Table for your BigPond ISDN Dial-Up plan. We will waive the charges in the PSIS section of Our Customer Terms for all data calls that you make during the term of this Agreement to the access number set out in the Plan Table for your BigPond ISDN plan, using the Telstra ISDN Home service that is associated with your BigPond ISDN Dial-Up plan.

4.3 If your Telstra ISDN Home service is cancelled (for any reason):

(a) you must select a new non-ISDN Dial-Up plan by visiting My BigPond if you still wish to have access to the Service; and

(b) if you do make calls using your Telstra ISDN Home service you must pay the charges in the PSIS section of Our Customer Terms for those calls.

5 Prices and Payment

5.1 You agree to pay to us:

(a) all charges for the Service (charged in accordance with the Plan Table) for your Dial-Up plan (even if the charges are incurred by another person with access to your Service);

(b) our applicable telecommunications charges in connection with the Service (for example, line rental); and

(c) our charges for calls from your telephone to the dial-in location available for your Dial-Up plan and/or that you select (such as any PSTN or ISDN call charges). These calls may be at long distance or community call rates if the dial-in location is outside your local area.

Please note, if you make a call to access the Service from a third party's facilities (such as a hotel), you may have to pay any surcharge levied by a third party.

5.2 In the case of a Group Account, the Group Administrator will be responsible for paying the charges set out in 5.1(a) above and the Group Member will be responsible for paying the charges set out in 5.1(b) & 5.1(c) above.

5.3 Particular Dial-Up plans may specify a monthly usage allowance. If your Dial-Up plan has a monthly allowance (as set out in the Plan Table), you must pay for any additional usage in excess of the monthly allowance. Unused monthly allowances will be forfeited at the end of each month and will not be rolled over or refunded.

5.4 All monthly fees for your Dial-Up plan are payable in advance and any additional fees for excess usage are payable in arrears. We process and issue invoices for the Service within 30 days of the closure of each billing period.

5.5 We may allow you to choose to be billed for the Service by:

(a) nominating a Telstra account against which your charges for the Service will be charged;

(b) providing us with your credit card details for us to debit your charges for the Service, if your Dial-Up plan permits payment via this method; or

(c) other billing methods that we may make available from time-to-time.

5.6 If you choose to pay via Telstra account under clause 5.5(a):

(a) we will bill all fees and charges payable under this Agreement to your Telstra account number (including any early termination fees); and

(b) if you further choose to add the charges for your Service to a Telstra Single Bill:

(i) you agree to the Telstra Single Bill Terms and Conditions at http://www.telstra.com.au/products/extra.cfm?prod_id=2483&chunk_id= 1040;

(ii) you must be the legal lessee of the fixed line Telstra service to which the telephone account relates; and 

(iii) if that telephone account is disconnected, your Service may be suspended and/or this Agreement may be terminated by us.

5.7 If you choose to pay via credit card under clause 5.5(b), we may:

(a) bill all fees and charges for the Service to your credit card on a monthly basis from the date we accept your application for a Service;

(b) disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details;

(c) take steps to verify that there is sufficient credit on your credit card to meet likely fees; and

(d) charge any early termination fee payable by you to your credit card immediately on notice of termination.

5.8 You may obtain a detailed statement of all fees incurred in the preceding 3 months by visiting My BigPond.

6 Contract terms and moving plans

6.1 Some Dial-Up plans have a contract term. If your Dial-Up plan has a contract term (as set out in the Plan Table), it will start either:

(a) on the date we activate your Service, or

(b) if you subscribe to a BigPond Dial-Up Trial Plan, in accordance with the terms of your trial plan.

6.2 At the end of the contract term:

(a) if your Dial-Up Single User plan is not a BigPond ISDN plan and is still available to new customers, you will be moved to the month to month version of your plan and you will incur the charges for that month to month plan as set out in the Plan Table;

(b) if your Dial-Up Single User plan is not a BigPond ISDN plan and is no longer available to new customers, we may:

(i) move you to the month to month version of your plan (as it existed when you signed up to your Dial-Up Single User plan); or

(ii) roll you on to any other current month to month plan that we reasonably think is comparable (but we will give you prior notice if we do this); or

(iii) roll you to an alternative service (but we will give you prior notice if we do this). If you are not satisfied with the alternative service, you may terminate this Agreement by giving us notice; or

(c) if your Dial-Up Single User plan is a BigPond ISDN Plan, you will be moved to a month to month version of your plan on the same terms (including pricing) as your plan.

6.3 You can change your Dial-Up plan using My BigPond.

6.4 If your current Dial-Up plan has a contract term and you move to a Dial-Up plan without a contract term, you will have to pay us the Early Termination Charge.

6.5 Any change to your selected Dial-Up plan will not affect your remaining contract term (if any) unless you move from a PSTN Dial-Up plan to a BigPond ISDN Dial-Up plan in which case your contract term will restart.

7 Email messages

7.1 This clause 7 does not apply to Group Administrators.

7.2 We set limits on the size of emails sent to or by you using your BigPond email account, the period for which email messages can be stored on BigPond servers and the maximum disk space that will be allotted on BigPond servers for your Service. These limits are set out in the Plan Table for your Dial-Up plan ("Mail Quota").

7.3 We will delete any email message sent by you or addressed to you using your BigPond email account if:

(a) the size of the mail message addressed to you (including attachments) exceeds your Mail Quota;

(b) the size of the mail message sent by you (including attachments) exceeds 10 MB;

(c) the total of your undeleted messages (including attachments) exceeds your Mail Quota; or

(d) you have not deleted the message (if it is stored in your Inbox or your "Sent" WebMail folder) within 180 days of it becoming available to you (whether read or unread). We recommend that you delete emails on a regular basis. Once deleted, the message will not be able to be retrieved.

7.4 You will not send any email message via SMTP that is sent using a server other than the BigPond SMTP server, unless we otherwise agree with you. Please note this does not restrict your use of email services accessed solely via a web browser such as Hotmail.

7.5 We will delete any email message in your BigPond email account where the message has been stored in the Deleted or Spam folders 7 days after the message becomes available to you.

7.6 If we delete any email messages in your BigPond email account under the terms of this agreement we are not required to notify you or the sender of the mail message(s).

7.7 If the Service is cancelled, we may delete any stored or received emails in your BigPond email account after 30 days.

8 BigPond Dial-Up Technical Support

You (or, if you are a Group Administrator, your Group Member) will have access to BigPond Dial-Up Technical Support 24 hours a day, 7 days a week (see http://www.bigpond.com/help for more details about technical support). We will only provide access to technical support if you (or, if you are a Group Administrator, your Group Member) identify yourself by providing a username and any other details we require to verify your identity as a valid customer. Please check your Plan Table to see if any technical support fees apply for a technical support call. Further information on what is supported by BigPond Dial-Up Technical Support is available at http://bigpond.custhelp.com/cgi-bin/bigpond.cfg/php/enduser/std_adp.php?p_faqid= 5628.

9 Privacy

9.1 Please read Telstra's Privacy Statement "Protecting Your Privacy" available at http://www.telstra.com.au/privacy/privacy_statement.html. The Privacy Statement describes how your personal information is collected, used and disclosed (including for marketing purposes) and your rights in relation to accessing and correcting that information. You agree to the collection, use and disclosure of your personal information in accordance with the Telstra Privacy Statement.

9.2 You agree that we may give Credit Information to a credit reporting agency to:

(a) obtain a consumer credit report about you; or

(b) allow the credit reporting agency to create or maintain a credit information file containing information about you.

9.3 You agree that we may (in accordance with the Privacy Act 1988 (Cth)):

(a) obtain and use information concerning your commercial activities and commercial credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess your application for the Service (if the application is for consumer credit) or to collect overdue payments;

(b) obtain or use a consumer credit report about you from a credit reporting agency to assess your application for the Service (if it is for commercial credit) or collect overdue payments; and

(c) disclose information about you to other credit providers or obtain and use information from other credit providers for the purposes of assessing your application for the Service, your ongoing credit worthiness or the status of any account held by you with us or with any other credit provider.

9.4 We may send our monthly newsletter, Ponderings, to you via email each month. Ponderings will contain information relating to the Service and may also contain information about BigPond and/or new products and services offered by BigPond that may be of interest or benefit to you. Ponderings will not contain any advertising, marketing or promotional material for other parts of Telstra or for third party suppliers. As Ponderings is one of the principal means by which we will tell you about Service related matters, you cannot opt out of receiving Ponderings and we will not include a functional unsubscribe message with the email containing Ponderings.

9.5 We will obtain calling line identification (CLI) data (the phone number used to connect to BigPond) when you (or, if you are a Group Administrator, your Group Member) dial up to the Service using our network, regardless of whether or not you (or if you are a Group Administrator, your Group Member) have your calling number display blocked or have a silent telephone number.

10 Changing this Agreement

10.1 We can change this Agreement (including the Plan Table) in accordance with this clause 10. If we change these terms, this online version of these Terms and Conditions will always be updated to reflect those changes: http://www.bigpond.com/internetplans/dialisdn/single_user/memberagreement/ .

10.2 We must give you at least 30 days' prior notice of the change, unless:

(a) we need to make the change immediately in order to act legally or the change results from changes in the law. If this is the case, we will give you as much notice as we reasonably can; or

(b) we reasonably believe the change will benefit you, has no impact on you, or has neutral impact on you. If this is the case, we can make the change without giving you notice.

10.3 If we make a change to this Agreement during any contract term applying to your Dial-Up Plan and the change means that you are materially worse off (and does not fall within clause 10.2(a)), you may terminate this Agreement by giving us notice within 42 days of the date we notify you of the change. The Agreement will be terminated from the date the change takes effect. If you terminate your Agreement and you are still within your contract term, you will not have to pay us the Early Termination Charge.

10.4 If we make a change to this Agreement after the expiration of any contract term applying to your Dial-Up Plan and you do not accept the change, you may cancel this Agreement by giving us notice. The Agreement will be terminated from the date the change takes effect.

10.5 If you choose to cancel this Agreement under clauses 10.3 or 10.4, we will refund you any unused portion of your monthly fees.

10.6 If you do not notify us of your decision to terminate this Agreement under clauses 10.3 or 10.4 and you (or, if you are a Group Administrator, your Group Member) continue using the Service from the date on which the change comes into effect (or in the case of clause 10.3, 42 days from the date on which we notified you of the change), you will be taken to have agreed to the change.

11 Termination

11.1 We understand that, at some stage, you may no longer wish to continue with your Service for a number of reasons. You may terminate this Agreement at any time by calling the BigPond Billing Inquiry line on 13 POND (13 7663). However, if you terminate the Agreement before the end of any contract term applying to your Dial-Up plan (unless it is within any Cooling-Off Period to which you are entitled), you must pay us the Early Termination Charge.

11.2 You may also terminate the Service if:

(a) we are in serious breach of this Agreement (we will be in serious breach if we breach our obligation to use reasonable care and skill in providing the Service and our obligations under clause 10.2); and

(b) you have notified us in writing of our breach and we have failed to remedy the breach within 30 days of your notice (if the breach can be remedied). If the breach is something which cannot be remedied, you may immediately terminate your Service with notice to us.

11.3 If you terminate the Service under clause 1.3 or clause 11.2 during any contract term applying to your Dial-Up plan, you will not have to pay us the Early Termination Charge.

11.4 We may terminate your Service if:

(a) you are in serious breach of this Agreement (you will be in serious breach if you breach your obligation to pay our charges for the Service or breach clauses 3.2, 3.3 or 12.1 of this Agreement); and

(b) we have notified you in writing of your breach and you have failed to remedy the breach within 30 days of our notice (if the breach can be remedied). If the breach is something which cannot be remedied, we may immediately terminate the Service with notice to you. Engaging in conduct that breaches clauses 3.2, 3.3 or 12.1 of this Agreement are breaches that are not capable of remedy.

11.5 If we cancel your Service under clause 11.4 during any contract term applying to your Dial-Up plan, you will have to pay us the Early Termination Charge. We may suspend the Service to you during the 30 day period before we terminate your Service. If we do suspend your Service, we will reimburse any monthly fees (pro-rated if necessary) that you paid during the suspension.

11.6 We may also terminate the Service:

(a) at any time by giving you 30 days notice if you are on a month-by-month Dial-Up plan; or

(b) at any time by giving you 30 days notice once any contract term applying to your Dial-Up plan has expired; or

(c) if you applied for the Service in the name of a company or business, if the company or business is insolvent, or steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution or for the appointment of a receiver, liquidator, trustee or similar officer of it or of any or all of its revenues and assets, and you must pay us the Early Termination Charge if any contract term applying to your Dial-Up plan has not expired.

11.7 We may also terminate your Service before the end of any contract term applying to your Dial-Up plan if we:

(a) obtain your consent;

(b) take reasonable steps to appropriately offset the effect of the cancellation on you (for example by providing a credit or a rebate to you);

(c) migrate you to a reasonably comparable service; or

(d) migrate you to an alternative service and take reasonable steps to offset any material detrimental impacts of the migration caused by the material differences between the Service and the alternative service.

11.8 At certain times, we need to perform maintenance on or protect our networks to keep providing a high performing service to users. This means that we may sometimes need to suspend your Service if it is necessary for the purpose of maintenance, integrity, protection or restoration of our networks or the users of our networks. If we need to suspend your Service under this clause, we will give you as much notice as we reasonably can in the circumstances and we will endeavour to ensure that the suspension is for as short a period as is reasonably possible.

11.9 Unfortunately, we cannot control some external events that may affect our provision of the Service to you. If a Regulatory Event occurs, we may not be able to continue providing the Service to you at all or may not be able to provide it on the same terms as set out in this Agreement. If this happens, we will give you as much notice as we reasonably can and we may need to terminate this Agreement. You will not pay any Early Termination Charge if your Service is terminated under this clause.

11.10 Exercise of our rights under clauses 11.8 and 11.9 does not affect any contract term that may apply to your Dial-Up plan.

11.11 If the Service is terminated for any reason, you must still pay us for any charges incurred before the termination.

12 Warranties

12.1 You warrant that:

(a) you have the legal power to enter into and observe your obligations under this Agreement;

(b) you are over 18 years of age. If you are not over 18 years of age you may ask a parent or guardian to apply for the Service; and

(c) no minor will access the Service using your Login (or, if you are a Group Administrator, your Group Member's Login) unless they have your (or your Group Member's) express permission and are under your (or your Group Member's) personal supervision.

13 Liability

13.1 This Agreement is made up of the terms that are expressly set out in this Agreement and those implied by laws that cannot be excluded by us. No other terms apply.

13.2 If you are a Residential Customer, clauses 13.3, 13.4, 13.5 and 13.12 apply to you.

13.3 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except as set out in clauses 13.4 and 13.5.

13.4 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

13.5 We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

13.6 If you are a Business Customer, clauses 13.7, 13.8, 13.9, 13.10, 13.11 and 13.12 apply to you.

13.7 Given the nature of telecommunications systems (including the Service's reliance on systems not owned or controlled by us) we cannot promise that the Service will be continuous or fault free. Accordingly, we limit our liability to you for losses resulting from any interruption or delay to the Service to an amount equal to the service charges billed to you for the affected Service for the period of the interruption or delay.

13.8 Subject to clause 13.11, we accept liability arising from our breach of contract or negligence:

(a) for any personal injury or death to you, your employees, agents and contractors in relation to the supply of the Service;

(b) for any damage to your real or tangible property resulting from the supply of the Service, but we limit our liability to our choice of repairing or replacing the property or paying the cost of repairing or replacing it; and

(c) unless clause 13.7 applies, for any other cost or expense you (or, if you are a Group Administrator, your Group Member) reasonably incur that is a direct result of, and flows naturally from, such breach or negligence (but excludes loss of profits, likely savings and data), but we limit our liability for all such claims in aggregate to the total amount payable to us by you under this Agreement in respect of the first year of the contract term for the Service.

13.9 Other than for the liability we accept under this clause 13, we exclude all other liability whether to you or a third party for breach of contract, negligence or breach of any other law. For any liability which cannot lawfully be excluded as it is under this clause 13, our liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods.

13.10 Notwithstanding anything else in this clause 13, our liability will be reduced to the extent the loss or damage is caused by you, (and, if you are a Group Administrator, your Group Member) your employees, agents or contractors.

13.11 We will not be responsible for any loss or damage arising from circumstances outside our reasonable control.

13.12 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

14 Taxes

14.1 The charges in the Plan Table may not include all taxes. You must pay us on request any stamp and other duties, fees, taxes and charges relating to the Service, this Agreement or the performance of this Agreement and any other transaction arising out of this Agreement.

14.2 GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST, you must pay on our demand an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed. In this clause, "GST", and "Tax Invoice" have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

15 Group Members

15.1 If you are a Group Member, this clause 15 applies to you. In the event of any inconsistency between this clause and the rest of the Agreement this clause 15 will apply to the extent of the inconsistency.

15.2 The following terms of this Agreement do not apply to Group Members: 1.3, 5.4-5.8, 6.3-6.5, 9.2, 9.3, 10.5, 11.3 and 14.

15.3 As a Group Member, you will not be responsible for the payment of fees or charges for the Service (including Early Termination Charges). However, you will be responsible for paying our applicable telecommunications charges (for example, line rental) and charges for calls from your telephone to the dial-in location.

15.4 As a Group Member, you acknowledge that you have limited rights in relation to the Service. As such, you will not:

(a) have any right, title or interest in any of the equipment provided to you for use in connection with the Service;

(b) be entitled to receive any refunds, rebates or credits in relation to the Service. Any applicable refunds, rebates or credits will be paid to the Group Administrator’s account; or

(c) be permitted to perform certain tasks in relation to the Service, including (but not limited to), changing the pricing plan and purchasing additional services and additional mailboxes (unless your Group Administrator has enabled these permissions).

15.5 As a Group Member, you acknowledge that the Group Administrator may make changes to the Service at any time without prior notice to you, including (but not limited to) changing the pricing plan, changing the account password and permitting or restricting access to additional services and additional mailboxes.

15.6 As a Group Member, if you terminate this Agreement or the Service, you must inform your Group Administrator that you have done so as soon as practicable.

15.7 As a Group Member, you acknowledge that the Service may be terminated at any time by us or by your Group Administrator in accordance with this Agreement. Notwithstanding anything in this Agreement, we are not required to notify you before the Service is terminated. You should contact your Group Administrator if you wish to know why the Service has been terminated.

16 Group Administrators

16.1 If you are a Group Administrator, this clause 16 applies to you. In the event of any inconsistency between this clause 16 and the rest of this Agreement, this clause 16 will apply to the extent of the inconsistency.

16.2 As a Group Administrator, you are responsible for paying the fees and charges in relation to your Group Member Services, including, but not limited to, payment of any Early Termination Charges, reconnection fees, service fees, technical support fees, excess usage charges and charges for additional services and/or additional mailboxes (where you have allowed your Group Member to purchase additional services/mailboxes). However, your Group Members will be responsible for paying applicable telecommunications charges (for example, line rental) and charges for calls from their telephone to the dial-in location.

16.3 For the avoidance of doubt, you will be required to pay any applicable Early Termination Charges regardless of whether the Service is terminated by you or by your Group Member.

16.4 As a Group Administrator, you must ensure that your Group Members comply with this Agreement.

17 Notices and general matters

17.1 If we need to notify you of any matters relating to the Agreement, we may use post, fax or email, addressed to you at the postal address or fax number you provide on your application form or online registration or the default email you select. You must check your default email regularly for any notices or messages from us about the Service.

17.2 Your rights under this Agreement belong to you alone. You may not transfer your rights and obligations in respect of the Service or this Agreement without our prior consent. Our consent will not be unreasonably withheld.

17.3 From time to time, we may need to ask another party to provide some aspect of the Service to you. We may transfer or novate any of our rights or obligations under this Agreement to a reputable, credit worthy third party who agrees to be bound by our obligations under this Agreement. We will notify you if this happens.

17.4 Neither party is liable to the other for any failure to perform its obligations under this Agreement if the failure is due to a circumstance beyond its reasonable control.

17.5 This Agreement is governed by the laws of the Australian State or Territory in which you are (or, if you are a Group Administrator, your Group Member is) connected to the Service.

17.6 Dictionary

The following words have these meanings in this Agreement, unless the contrary intention appears:

Agreement means these Terms and Conditions, the Plan Table for your chosen Dial-Up plan and the terms contained on your application form.

BigPond ISDN Plan means a plan listed on the ISDN Plan Table, which can be viewed at www.bigpond.com/internetplans/dialisdn/isdn_plans/.

Business Customer means a customer who is not a Residential Customer.

Cooling-Off Period means 10 days from and including the day on which you receive the relevant written information about your cooling-off rights.

Credit Information means identity particulars (including name, address and date of birth), your application for credit or commercial credit, the fact we are a current credit provider to you, payments which are overdue by more than 60 days and for which debt collection has commenced, advice that payments are no longer overdue in respect of a default which has been listed, our opinion that you have committed a serious credit infringement and cheques drawn by you for more than $100 and which have been dishonoured more than once.

Early Termination Charge means, for customers on a Dial-Up plan with a contract term, the early termination charge set out in the Plan Table for that Dial-Up plan (this charge is pro-rated according to the number of months of the contract term remaining).

Equipment means your (or your Group Member's) own local area network facilities, wide area network facilities and all other computer equipment and software, that you (or your Group Member) use to connect to and use the Service.

Group Administrator means a customer who has signed up to a Group Administrator Account under which they can create multiple Group Member Services.

Group Member means a person whom a Group Administrator nominates to use a Group Member Service created by the Group Administrator under a Group Administrator Account.

ISDN Service means the integrated services digital network service supplied by us.

Login means a username and accompanying passwords supplied to, or created by, you (and your Group Member, if applicable).

Monthly Allowance means either the maximum amount of time for which you (or your Group Member) may use the Service in a month, or the maximum amount of data that you (or your Group Member) can use in a month (as set out in the Plan Table), before additional usage charges apply.

My BigPond means the online account management facility at http://www.bigpond.com/mybigpond.

Our Customer Terms means our standard form of agreement for the purposes of section 479 of the Telecommunications Act 1997 (Cth), as amended from time to time.

Plan Table means the fees, charges and features of your chosen Dial-Up plan when you applied for your Service and located at http://www.bigpond.com/internetplans/dialisdn/single_user/.

Privacy Statement means the Telstra Privacy Statement available at http://www.telstra.com.au/privacy/privacy_statement.html

PSIS means our Public Switched Integrated Services Digital network.

Regulatory Event means a determination or notice issued by the Australian Competition and Consumer Commission or a determination by any court or a determination by us that, in our opinion, on reasonable grounds and acting in good faith, the supply of the Service, the terms of this Agreement or any action taken or required to be taken in accordance with this Agreement contravenes or may contravene any applicable law including, without limitation, the Telecommunications Act 1997 (Cth) or the Trade Practices Act 1974 (Cth).

Residential Customer means a customer who takes up the Service predominantly to use for personal, household or domestic use or consumption.

Service means dial-up access to the internet via the BigPond network, and the related features (such as email) set out in the Plan Table for your Dial-Up plan.

More about Dial-Up

Dial-Up frequently asked questions
Dial-Up upgrade to Broadband frequently asked questions
Dial-Up minimum system requirements