1. Generic Bundling Terms & Conditions
Bundling as stated will mean the combination of telephony & internet services, specifically ADSL2+ on the Optus ULL network.
The customer is aware the service will be on an Unconditioned Local Loop Service (ULLS – where the Carrier has full access to the copper line. Carrier physically terminates line from customers premises to their own equipment located in Telstra’s exchanges).
The terms and conditions upon which a BKB Internet ADSL2+ bundle package will be made available include:
1.1 Account Details
The name, address and other account details provided by an eligible Customer must be the same for each relevant BKB Internet Product and billed to the same account;
1.2 Applications
1.2.1 A Broadband ADSL2+ service will only be offered as a BKB Internet ADSL2+ bundled product, which includes the telephony and internet service. These services are not offered separately and cancellation fees will apply if one service is cancelled, churned or ported away.
1.2.2 It is the customers’ responsibility to provide BKB Internet with the relevant Account numbers (including Optus or Telstra Wholesale number). This will affect what connection fee is charged.
1.2.3 Should a customer opt to change or cancel an account during submission, charges may apply. If at point of no return (PONR), BKB Internet will be unable to make those changes until the application is complete. Charges may apply.
1.2.4 A 12 month commitment for both services is required or an early termination fee will apply if either product is cancelled.
1.2.5 The customer is aware the service is not available in all locations.
1.2.6 Only one bundled package is permitted per product i.e. telephony & internet on the Optus ULL network.
1.3 Service Provision
1.3.1 BKB Internet may provide the Service to the Customer upon satisfaction of the following:
· receipt of an appropriate application form and, if required, a transfer authority;
· compliance with BKB Internet credit requirements; and
· establishment of a direct debit or credit card authority.
1.3.2 This agreement may be suspended or terminated by BKB Internet, in its sole discretion, if at any time during the term:
· the Customer is in breach of any term of this agreement, including clause 4.3;
· BKB Internet is unable to supply or provide the Service;
· BKB Internet believes, based on information provided by the Customer, that current or future amounts owing may be left unpaid by the Customer; or
· BKB Internet is advised to do so by ‘The Carrier’ or any Government Agency or pursuant to any law.
1.3.3 In the event of a termination or suspension of the Service:
· BKB Internet shall, where possible, provide the Customer with reasonable written notice of the event and the grounds upon which it is based; and
· all monies owing to BKB Internet by a Customer as at the date of termination or suspension will immediately be due and payable to BKB Internet.
1.3.4 The Customer acknowledges BKB Internet cannot and does not represent or warrant the provision and delivery of the Service will be error free or uninterrupted.
1.3.5 BKB Internet may obtain a copy of the credit record of the Customer from a credit reporting agency for the purpose of determining whether to provide the Service.
1.3.6 Where trenching is required the order cannot proceed; the customer will need to have the new line connected via alternative means.
1.3.7 Upon transferring to a ULLS the Customer will give up all previous contractual rights with the current telephone service provider (e.g. discount plans, charity concessions) and acknowledge certain functions and facilities provided by the current telephone service provider may not be available from BKB Internet
1.3.8 The customer’s current provider or providers will continue billing them for their services until such time each component is transferred successfully and it is their responsibility to fulfil any contractual obligations with them.
1.3.9 The customer will need to contact their current telephone/internet service provider in relation to providing services and fault assistance until the connection/transfer is completed.
1.3.10 Timeframes for connection/transfer to ULLS (from submission of request):
· Port Orders are connected on average between fourteen (14) and twenty-one (21) working days
· New Service Orders are completed on average between fourteen (14) and twenty-eight (28) working days
· Churns Orders are connected on average in five (5) working days
1.3.11 A ‘Port Order’ is where the Customer wishes to transfer an existing service number to BKB Internet and the service is not currently provided by a carrier on the Optus ULL network.
· Port Orders will currently only be accepted where Telstra or a Telstra reseller is the losing carrier.
· In the event the customer has a service provided with a non-Telstra provider who has their own DSLAM equipment/ASDL2+ service, the customer will need to contact their current provider to disconnect their Broadband service, once disconnection has been confirmed (codes removed) then a Port Order can be placed.
· Only Simple telephone services will be available as a ‘Port Order’, Complex telephone services will not be supported. (I.e. Line Hunt, Multiple Number or Duet Number, Customer Loop Metering, Faxstream, Indial, ISDN, MessageBank Away/Call Manager).
· Complex ports (i.e. spectrum line sharing services) are not available as a ‘Port Order’, as in (b) above the customer will need to contact their current carrier to disconnect their Broadband service prior to a Port Order being requested.
· During cutover there will be a delay of approximately fifteen (15) to thirty (30) minutes for both the telephony and internet service. Further delays may occur.
1.3.12 A ‘New Service Order’ is a request to provision a new ULL Broadband and Telephony Service to a Customer’s address. A ‘New Service Order’ can be used when:
· There is no existing Service or pending order at the Customer’s address.
· A customer requests a new service in addition to the service they currently receive.
1.3.13 A ‘Churn Order’ is where the Customer wishes to transfer their existing Telephone and Broadband service to BKB Internet, which is currently being provided by another ULL provider that is compatible to the service BKB Internet offers.
1.3.14 The Customer acknowledges:
· Some disruption to the standard telephone service carried by that line may occur during installation of the Service;
· Disconnection of the standard telephone line that also carries the ADSL2+ Service may cause the Service to be terminated (if this occurs the Customer will be liable to pay all Service reinstallation and cancellation fees);
· Prior to entering into this agreement the Customer has obtained all consent required for the Service installation by BKB Internet, including the consent of any owner, landlord or licensor of the premises in which the Service is to be installed; and
· The installation by BKB Internet of any security-monitoring or other service at Customer premises may cause temporary disruption to the Service, the standard telephone service carried by the line used for carriage of the Service and/or any existing security-monitoring services.
1.3.15 The Customer will not use any products or services that are incompatible with the Service on or in conjunction with any telephone line used to carry the Service.
1.3.16 The Customer must direct all service, support and other queries to BKB Internet. BKB Internet will pass on, at the expense of the Customer, any fees charged by third-party entities contacted or engaged directly by BKB Internet to respond to such communication from the Customer.
1.3.17 The customer agrees to waive the Customer Service Guarantee (CSG) entitlement for the ADSL2+ phone and broadband connection only. The CSG may be impacted by circumstances beyond the Wholesale providers’ (i.e. Optus) control.
1.4 Pricing
The prices of each bundle package can be found in the application pack.
1.5 Bundling Package
All 'virtual phone numbers' and/or fax, dual fax numbers, virtual message service numbers and/or 13/1300/1800 numbers will not form part of a bundle package;
· Both Telephony and Broadband must remain as a bundled product or cancellation fees will apply;
· Both services are submitted, provisioned and completed at the same time.
1.6 Fees and Charges
1.6.1 Connection Fee for bundled Telephony and Broadband and is only available as a bundled product, cancellation fees will apply if one service is removed.
1.6.2 Change of Address fee applies if Optus ports are available at the exchange of the new address. If not, a cancellation will apply if still within twelve (12) months. If the relocation is successful the twelve (12) month term begins again.
1.6.3 Churn fee applies if currently on the Optus ULL network. Twelve (12) month commitment applies along with the cancellation fee listed in the pricing schedule, pro-rata on a monthly basis.
1.6.4 Full cancellation fee plus twelve (12) month commitment fees apply when a customer withdraws or cancels an order after the point of no return PONR (the PONR is 2 business days prior to the customer required date, CRD).
1.6.5 Reduced cancellation fee applies if a request is cancelled prior to the PONR.
1.7 Customer Obligations
1.7.1 The Customer will:
· pay all charges presented in the BKB Internet account;
· ensure no misuse of the Service by any person;
· ensure that the Service is not used to transmit offensive, abusive, indecent, illegal, menacing, defamatory, illegal or hoax material or otherwise in the commission of any breach of any law;
· comply with all relevant laws pertaining to the use of telecommunications services in Australia;
· notify BKB Internet of any change of physical or contact address;
· notify BKB Internet if the Service is no longer required;
· indemnify BKB Internet in full for any loss or damage it may incur, direct or indirect and howsoever arising from the use of the Service by the Customer;
· direct all questions in relation to the Service to BKB Internet directly and to avoid ‘The Carrier’;
· be solely responsible for all charges billed prior to the date upon which the Customer is able to access the Service and shall indemnify and hold harmless BKB Internet in respect of all such charges;
· ensure that ‘The Carrier’ has reasonable access to the premises of the Customer to install, inspect or maintain the Facilities; and
· engage BKB Internet as its exclusive supplier for line rental and for all long distance calls (including calls to mobiles).
1.7.2 If, at any time whilst this agreement is in force, the Customer elects to engage a third party to supply the Service, BKB Internet may elect to countermand such a decision and revert supply of the Service to the Customer back to BKB Internet. In such an event, BKB Internet will use reasonable endeavours to notify the Customer of its decision.
1.8 BKB Internet Rights
BKB Internet retains the right to remove, vary, alter or terminate a bundle package at any time;
1.8.1 BKB Internet (and/or ‘The Carrier’) may amend the technical specifications of the Service at any time for operational reasons. BKB Internet will use its best endeavours to provide the Customer with prior notice of any such changes that may have a significant detrimental impact upon the use of the Service by the Customer. The Customer agrees and accepts that BKB Internet may be unable to provide such prior notice.
1.9 Accounts
1.9.1 All fees and charges relating to the Service are available on the BKB Internet website at: http://www.bkb.net.au/
These fees and charges may be varied by BKB Internet at its discretion at any time and any altered charges will apply to the Customer from the time they are published on the BKB Internet website.
1.9.2 The Customer acknowledges that due to processing and other delays certain calls may not appear in a BKB Internet account from the previous month. Any such calls not appearing in a monthly account will be carried over to the next monthly BKB Internet account.
1.9.3 All BKB Internet accounts must be paid automatically by credit card, BPay or method as approved in writing by BKB Internet.
1.9.4 The monthly BKB Internet account of any Customer will include a separate invoice for each service supplied by BKB Internet. All Service accounts will include a summary of each type of phone call listed in clause 1.3.
1.9.5 Any Customer who elects to receive their monthly account by post:
· will incur an additional administration charge of $5.50 per statement; and
· cannot receive call itemisation on its Customer Service account.
1.9.6 The Customer can access details of all calls listed in an account on the MyAccount pages on the BKB Internet website.
1.9.7 The Customer agrees any and all data collected by BKB Internet suppliers and provided to BKB Internet shall constitute conclusive evidence of Service usage and the charges payable.
1.9.8 Where a BKB Internet account of the Customer remains overdue for more than one calendar month, BKB Internet may consider such non-payment a material breach and repudiation by the Customer of its obligations under this agreement and will be entitled to terminate this agreement immediately and without further notice to the Customer (“Customer Default”). Upon a Customer Default, all sums paid by the Customer to BKB Internet prior to the date of termination will become non refundable and all amounts owing to BKB Internet shall become immediately due and payable.
1.9.9 Upon a Customer Default, BKB Internet may appoint an agent to proceed with legal action to recover unpaid monies owed to it, including any interest. All liability for any collection costs and/or legal fees or other amounts arising from such action will be the sole responsibility of the Customer who agrees to reimburse BKB Internet for all costs incurred by it on an indemnity basis.
1.9.10 The Customer acknowledges that BKB Internet may, in its sole discretion and at any time, suspend or restrict access to the Service due to unusually high usage.
1.10 Disputes
1.10.1 If a Customer seeks to dispute an account, the Customer must submit verbal details of the dispute to the BKB Internet Accounts team (“Dispute”).
1.10.2 BKB Internet will issue the Customer lodging a Dispute a reference number within seven (7) days of receipt and will use its best endeavours to investigate and resolve the Dispute within 30 days. BKB Internet will notify the Customer lodging the Dispute of the outcome of its investigations when they are complete.
1.10.3 Where a Dispute is upheld, BKB Internet will issue to the Customer a revised account, including all appropriate adjustments.
1.10.4 All undisputed amounts of any account must be paid in full when due, notwithstanding the existence of a Dispute.
1.10.5 If a Customer is unsatisfied with the outcome of a Dispute they may refer the Dispute to the BKB Internet Accounts Team Leader.
1.11 Conditions of Eligibility
BKB Internet may update these Conditions of Eligibility and the cost of each bundle package from time to time. Any changes will be notified to you via the e-mail address provided in the Customer Application and/or via an announcement on the BKB Internet website;
1.12 Terms and Conditions
A Customer who successfully subscribes to receive a bundle package must comply at all times with the relevant terms and conditions of each relevant Supply Agreement and the General Terms and Conditions. If the Customer breaches any of these agreements then Customer rights to receive a Bundling Package may be terminated by BKB Internet immediately and without notice to the Customer.
1.13 Period, Alteration and Law of Agreement
1.13.1 This agreement will commence when the line has been upgraded or transferred to BKB Internet and continue on a monthly basis until either service is transferred away from BKB Internet or the agreement is terminated in accordance with the terms herein.
1.13.2 The Customer acknowledges and accepts BKB Internet may be required to alter the terms of this agreement to ensure compliance with various laws including, but not limited to, Part 23 of the Telecommunications Act (Cth) 1997. BKB Internet will use its best endeavours to notify you prior to any such alteration being made.
1.14 Liability & Indemnity
1.14.1 The Customer agrees to the fullest extent permitted by law, to indemnify and hold harmless BKB Internet and its employees, contractors, agents and directors in full, from and against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising directly from a breach of this agreement by a Customer and/or use of the Service.
1.14.2 BKB Internet does not represent or warrant to the Customer that Services will be free of blockages or delays. The Customer agrees it will not hold BKB Internet responsible for any loss or damage to it, howsoever arising from any blockages and delays or other loss of Services under this agreement.
1.14.3 BKB Internet will use its best efforts to correct any faults reported to it at its earliest convenience.
1.14.4 Unless expressly stated in this agreement, all implied terms, conditions, warranties, undertakings, inducements and representations, statutory or otherwise, relating to the provision by BKB Internet of the Services to the Customer are excluded.
1.14.5 The Customer will not seek to hold BKB Internet liable in respect of any loss or damage (including consequential loss or damage) however caused and howsoever arising which may be suffered or incurred by a Customer or which may arise directly or indirectly in respect of this agreement.
1.14.6 The liability of BKB Internet in respect of any breach of this agreement or under any remedy implied by law (which cannot be excluded) will be limited at the option of BKB Internet to the reimbursement for the cost of supplying the initial Service.
1.14.7 BKB Internet assumes no liability to the Customer or any third party in respect of:
· unlawful acts or default of other suppliers, unless those suppliers (including contractors) have been engaged by BKB Internet for the purpose of supplying or maintaining a Service;
· faults or defects in Services caused by Customer conduct or misuse;
· faults or defects that arise in telecommunication services provided to a Customer other than under this agreement (even if they are connected with BKB Internet's consent to services which BKB Internet has arranged under this agreement) which may be due to incompatibility with BKB Internet Services; and
· any loss or damage (including consequential loss or damage) however caused that may arise directly or indirectly in respect of the Services.
1.15 Miscellaneous
1.15.1 All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.
1.15.2 A current copy of this agreement may be obtained on the BKB Internet website.
1.15.3 Prior to entering into this agreement, the Customer represents and warrants to BKB Internet the Customer has read, understood and agrees to be bound in full by this agreement and the BKB Internet General Terms and Conditions.
1.15.4 This agreement is to be governed and construed according to the laws in force in Victoria.
2. BKB Internet BKBTel Terms & Conditions
2.1 BKB Internet agrees to supply and the Customer agrees to subscribe to receive, the BKBTel Phone Service (the “Service”) on the terms and conditions contained in this agreement.
2.2 The Service will include Customer phone line rental and any other additional products subscribed by the Customer from time to time.
2.3 The Service will permit the Customer to make and receive all calls normally available to be made using the telephone circuit and associated facilities installed and operated by ‘The Carrier’ (the “Facilities”). This includes:
· National long distance calls - calls made to any number within Australia with an Australian area code which are not in the calling party's local call charging zone;
· International calls - calls made to numbers with a prefix of 0011 + country code;
· Fixed to mobile calls - calls made to digital or CDMA mobile numbers beginning with 04 (together hereinafter referred to as “Call Types”);
· un-timed local calls; calls to numbers beginning with 1800, 1300 and 13; directory assistance services; and
· any other numbers and/or products which may become available from time to time.
Note Customer access to the Service must be via a line pre-selected by BKB Internet.
2.4 The Service does not include any calls which use an override code (e.g. numbers beginning with 1414).
2.5 The Customer can only receive the Service from BKB Internet on a phone line specified in the appropriate application form.
2.6 The Customer acknowledges that BKB Internet does not control the network providing the Service. Accordingly, BKB Internet does not represent or warrant that:
· any calls made using the Service will be successfully connected; or
· there will be no delays in the Customer being able to access and/or use the Service.
2.7 BKB Internet does not provide the Priority Assistance feature and any customers who require this feature, should not apply for BKBTel Phone Service.
2.8 BKB Internet will be the Long Distance carrier of choice.
2.9 If the Customer currently has a Telstra rental handset, the customer may be charged a fee on their final account.
2.11 BKB Internet Obligations
2.11.1 BKB Internet will use its best endeavours to supply and deliver the Service in accordance with this agreement and, in particular, to:
· pre-select the fixed phone telephone line(s) for the Customer;
· transfer the relevant line rental and local call components for the Customer;
· supply the Customer with a monthly bill for all call charges incurred by the Customer in the preceding month. All line rental and other product charges associated with the Service are billed one month in advance. All accounts will be emailed to the Customer on the 1st of each month and can later be viewed online in the ‘MyAccount’ section of the BKB Internet website; and
· provide the Customer access to all online tools that may become available from time to time, including call monitoring.
2.12 Line Transfer
2.12.1 All Call Types will, if relevant, be supplied by the current pre-selected service provider retained by the Customer until the transfer process is completed by BKB Internet.
2.12.2 The Customer will remain liable to pay any current service provider for Call Types made prior to the line being transferred to BKB Internet.
2.12.3 If a Customer seeks to have Call Types provided by a third party, such third party shall assume responsibility for completion of the transfer process.
2.12.4 The Customer will remain liable to pay BKB Internet all amounts incurred for the provision of Services under this agreement until the relevant line has been pre-selected to another service provider or the Service disconnected.
3. ADSL2+ Terms & Conditions
3.1 Nature of Service
3.1.1 The Customer acknowledges ADSL2+ is not compatible with all standard telephone lines and the suitability of the Service for the Customer will depend on various individual factors including Customer location, facilities, local telephone exchange facilities, and compatibility of Customer equipment with the BKB Internet Network.
3.1.2 Dialup access for ADSL2+ customers is charged at $11.00 per month.
3.1.3 BKB Internet accepts no responsibility whatsoever for any and all data charges that may be incurred by the Customer in relation to data exchanged for BKB Internet.
3.1.4 BKB Internet does not guarantee the availability of the Service to the Customer. Upon the commencement of this agreement, BKB Internet will investigate the availability of the Service to the Customer. Any costs incurred by BKB Internet in carrying out such an investigation may be charged to the Customer by BKB Internet.
3.1.5 If BKB Internet determines the Service cannot be provided to the Customer, this Agreement will terminate and neither party shall have any liability to the other, except that BKB Internet will refund any initial connection fees paid in advance by the Customer for the Service.
3.1.6 Should a fault occur once the application is complete, BKB Internet may provide the customer with a credit.
3.1.7 Should an application fail, the modem must be returned to be eligible for a reimbursement.
3.1.8 Charges for the Service will commence to accrue under the selected Customer Access Plan from the earlier of the date that the Service is installed by BKB Internet or the date on which the Customer first uses the Service.
3.1.9 One (1) Gigabyte (GB) is equivalent to 1,000 Megabytes (MB)
3.1.10 Peak/Off-Peak times for ADSL2+ in the NT, SA, QLD, ACT, NSW, and TAS correspond with those in VIC. Peak/Off-Peak times may start and finish earlier during various commencement periods of Daylight Savings Time.
3.2 Service Levels
3.2.1 The connection speeds specified in the Access Plan selected by the Customer represents the maximum possible connection speed from BKB Internet to the Customer, and from the Customer to BKB Internet respectively. The Customer accepts that BKB Internet cannot guarantee the Service will achieve these theoretical maximum speeds.
3.2.2 The Customer acknowledges BKB Internet cannot represent or guarantee the continued availability of the Service. The Customer acknowledges the Service may be temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services and or other causes.
3.2.3 If, at any time, the Service becomes unavailable to the Customer for a continuous period of four hours, BKB Internet will provide the Customer with access to its analogue modem Dialup internet service for use until the Service becomes available.
3.2.4 Use of replacement service by the Customer will be included in the applicable monthly bandwidth limit for the Service.
3.2.5 The customer acknowledges when signing up to an ASDL2+ plan the speeds available are between 1.5Mbps/256kbps to 20Mbps/820kbps which is dependent on:
· How far the customer lives away from the local telephone exchange,
· Quality of the phone line,
· Quality of the Broadband ADSL2+ modem and line filter,
· The software configuration and application on the customers computer,
· The number of services on the same copper hardware, i.e. how many of other customers are using the same hardware.
3.3 Installation
3.3.1 Upon determining Service availability to the Customer and payment of plan fees, BKB Internet will provide the Customer with an approximate date for installation of the Service ("Installation Date"). BKB Internet may reschedule the Installation Date at any time for any reason and will liaise with the Customer to confirm suitability of an alternate date if required.
3.3.2 BKB Internet will install any telecommunications facilities the Customer may require to receive and utilise the Service at the premises of the Customer. BKB Internet may charge the Customer for any such installation required.
3.3.3 Any maintenance or reinstallation Services provided by BKB Internet to the Customer following installation will be carried out at the expense of the Customer.
3.3.4 BKB Internet will not be responsible for any loss or damage whatsoever arising from or in connection with configuring a Modem or installing any software on a Customer computer to enable a Customer to access the Service. The Customer acknowledges that difficulties may arise in the configuration of a modem for use with the Service beyond the control of BKB Internet.
3.4 Requirements of Service
3.4.1 The Customer must, at their own cost and expense, arrange to have the following on the Installation Date:
· Standard telephone line connected and in service (unless the request is a New Service Order);
· Standard power point in proximity to the telephone line outlet;
· A router or modem for use with the Service approved by BKB Internet as being compatible with the BKB Internet network ("Customer Modem");
· Computer that complies with BKB Internet Service specifications for connection to the Customer Modem ("Customer Computer");
· Safe and legal access to the Customer's premises for the Service installation; and
· If required by BKB Internet, the attendance of a Registered Cabler.
3.4.2 Full details of current Customer Modem and Customer Computer specifications required are available on the BKB Internet website at www.bkb.net.au. The Customer represents and warrants to BKB Internet that the Customer has read, understood and agreed to those specifications as existing at the date of this agreement.
3.4.3 The Customer must not connect any equipment to the Service that does not meet BKB Internet specifications.
3.4.4 BKB Internet makes no representations, warranties or assurances that the Customer Modem or Customer Computer will be compatible with the Service.
3.4.5 It is the customers’ responsibility in the setup of all hardware, e.g. modem, etc.
3.5 Transfers and Cancellations
3.5.1 The Customer may not assign, transfer or otherwise dispose of the Service to another third party without the prior written consent of BKB Internet.
3.5.2 The Customer may not resell the Service or otherwise use the Service in competition with BKB Internet.
3.5.3 The Customer may cancel the Service on seven (7) days written notice to BKB Internet. The Customer will be liable to BKB Internet for any charges incurred during the notice period and for any other charges previously incurred and unpaid.
3.5.4 BKB Internet may terminate the Service on 14 days notice to the Customer. In such an event BKB Internet will refund to the Customer any fees already paid by the Customer for the provision of the Service following the end of that 14-day period.
3.5.5 The Customer will be responsible for any re-configuration of the network or ADSL hardware. This is required to facilitate the change of an ISP;
3.5.6 The Customer is the account holder of the Service(s) or are authorised by the account holder to transfer the service to BKB Internet (‘Churn Order only’).
3.6 Existing Customers
3.6.1 An existing BKB Internet customer with a Static IP address or Subnet will be required to sign up to a new Static IP or Subnet respectively. A new range of Static IP's are allocated specifically to the ADSL2+ product.
3.6.2 If an existing customer is currently on an ADSL1 contract and they wish to sign up to ADSL2+ the following conditions will apply:
· If the customer is less than 6 months into a current contract then they pay an early termination fee as indicated in the ADSL1 pricing schedule.
· If the customer wishes to move to ADSL2+ then the remaining contract period, and any obligations are transferred to the new agreement the customer takes up.
· If the customer decides to cancel their ADSL2+ service within this period, then the standard pro-rata cancellation fee will apply in addition to the pro-rata fees associated with the remaining period of the original ADSL1 contract.
3.6.4 Should the customer decide to cancel their current ADSL1 contract and sign up to ADSL2+ penalty fees and connection fees will apply.
3.7 General
3.7.1 Prior to entering into this agreement, the Customer represents and warrants to BKB Internet that the Customer has read, understood and agrees to be bound in full by the terms of this agreement and the BKB Internet General Terms and Conditions.
3.7.2 All notices to be delivered under this agreement must be in writing and sent by post, email, facsimile or hand delivery.
3.7.3 A current copy of this agreement may be obtained on the BKB Internet website.
3.7.4 This agreement is to be governed and construed according to the laws in force in Victoria.
