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Standard Form of Agreement

Version 1.0Effective: May 2025Australia
About this document. This Standard Form of Agreement (SFOA) sets out the terms on which 2GoBroadBand Pty Ltd ("2GoBroadBand", "we", "us", "our") provides telecommunications services to you. Together with your Critical Information Summary and Service Order Form it is the full agreement between you and us.
Contents
  1. Definitions and Interpretation
  2. Agreement and Acceptance
  3. Services
  4. Contract Terms and Minimum Term
  5. Billing and Payment
  6. Equipment
  7. Installation and Connection
  8. Acceptable and Fair Use
  9. Suspension and Termination
  10. Privacy and Data
  11. Liability
  12. Changes to Services and Pricing
  13. Faults and Customer Support
  14. Complaints and Dispute Resolution
  15. Force Majeure
  16. General Provisions
  17. Contact Details

1. Definitions and Interpretation

In this Agreement, unless the context otherwise requires, the following definitions apply:

2. Agreement and Acceptance

2.1 By applying for, activating, or using any Service, you agree to be bound by this Agreement in its entirety.

2.2 This Agreement is governed by the laws of Victoria, Australia.

2.3 If you are entering into this Agreement on behalf of a company, partnership, trust, or other entity, you represent and warrant that you have authority to bind that entity.

2.4 We may update this Agreement from time to time. We will notify you of material changes with at least 30 days' written notice. Continued use of the Service after the effective date constitutes acceptance of the updated terms.

3. Services

3.1 Types of Services

2GoBroadBand provides the following categories of Services across Australia:

3.2 Service Availability

3.2.1 Service availability is subject to network coverage, infrastructure, and access to your premises. We will advise you of any limitations before or at connection.

3.2.2 We do not guarantee uninterrupted or fault-free access. Performance may be affected by distance from the exchange, congestion, weather, third-party infrastructure, and in-premises wiring.

3.3 Service Speeds

Advertised speeds are the maximum speed tier of your plan. Actual speeds will vary due to your NBN connection type, in-home wiring, Equipment, congestion, and number of connected devices. Typical busy-period speeds will be set out in your Critical Information Summary.

3.4 Service Commencement

Your Service commences on the date it is activated at your address. For developer and estate projects, the commencement date will be agreed in your Service Order Form or project agreement.

4. Contract Terms and Minimum Term

4.1 Residential Customers

Residential broadband plans are available on a month-to-month basis with no lock-in contract, unless otherwise stated in your Service Order Form.

4.2 Business Customers

Standard business plans are generally available month-to-month. Where installation or custom infrastructure is required, a fixed-term minimum period may apply as set out in your Service Order Form.

4.3 Enterprise, Government, and Developer Customers

4.3.1 Enterprise, government, and developer/estate contracts are typically subject to a fixed-term agreement of 12, 24, or 36 months as specified in the Service Order Form or project agreement.

4.3.2 All fixed-term contract details — including minimum charges, installation obligations, and early termination conditions — will be disclosed in writing before commencement.

4.4 Early Termination

4.4.1 Month-to-month customers may cancel at any time with 30 days' written notice and without Early Termination Charges.

4.4.2 Fixed-term customers who cancel before the end of their minimum term may be charged an Early Termination Charge (ETC), calculated as the sum of monthly service fees remaining for the unexpired period of the minimum term, less any costs saved by 2GoBroadBand.

4.4.3 No ETC will apply where: (a) 2GoBroadBand has materially breached this Agreement and failed to remedy the breach within 30 days of written notice; (b) you are exercising rights under the Australian Consumer Law; or (c) the Service is terminated due to a cause entirely outside your reasonable control.

5. Billing and Payment

5.1 Fees

All fees for your Service are set out in your Service Order Form and Critical Information Summary. We reserve the right to vary our fees with at least 30 days' written notice.

5.2 Billing Cycle

5.2.1 Services are billed monthly in advance on your billing date. Usage-based and variable charges are billed in arrears.

5.2.2 Your first invoice may differ from subsequent invoices due to pro-rata charges for partial billing periods.

5.3 Payment Methods

We accept payment via credit card (Visa, Mastercard), debit card, and direct debit from a nominated bank account.

5.4 Late Payment and Suspension

5.4.1 If payment is not received by the due date, we may issue a reminder. If payment remains outstanding 7 days after that reminder, we may restrict or suspend your Service.

5.4.2 If suspension does not result in payment within a further reasonable period, we may terminate your Service and refer outstanding debt to a collections agency. Reasonable recovery costs may be charged to you.

5.4.3 If you are experiencing financial hardship, please contact us promptly. We maintain a Financial Hardship Policy and will work with you to find a suitable arrangement.

5.5 Billing Disputes

If you believe a charge is incorrect, you must notify us in writing within 30 days of the invoice date. We will investigate and respond within 15 business days. Undisputed portions of any invoice must be paid by the due date.

5.6 GST

All fees are inclusive of GST unless otherwise stated. A valid tax invoice will accompany each bill.

6. Equipment

6.1 Purchase of Equipment

2GoBroadBand offers modems, routers, and compatible hardware for purchase. Equipment becomes your property upon full payment. Pricing and specifications are provided at the time of purchase.

6.2 Customer-Supplied Equipment

You may use your own compatible Equipment. We cannot provide technical support for Equipment not supplied by us and accept no responsibility for faults or degraded performance arising from customer-supplied Equipment.

6.3 Care and Responsibility

You are responsible for the care and safekeeping of Equipment purchased from us. Risk passes to you on delivery. We are not liable for loss, damage, or theft of Equipment at your premises.

6.4 Warranty

Equipment sold by 2GoBroadBand carries any applicable manufacturer's warranty. Nothing in this Agreement limits your rights under the Australian Consumer Law.

7. Installation and Connection

7.1 Where installation is required, 2GoBroadBand or our authorised contractors will arrange a suitable appointment with you. You must ensure safe and reasonable access at the agreed time.

7.2 If you are a tenant, you must obtain prior written consent from the property owner or real estate agent for any physical alterations before installation.

7.3 For developer and estate projects, scope, access requirements, infrastructure obligations, milestones, and timelines will be agreed in a project plan or Service Order Form.

7.4 Any installation fees will be disclosed in advance in your Critical Information Summary or Service Order Form.

7.5 We are not responsible for delays caused by third parties, including nbn co, or events outside our reasonable control.

8. Acceptable and Fair Use

8.1 General Use

You must use the Service only for lawful purposes and in accordance with this Agreement, our Fair Use Policy, and all applicable Australian laws. You are responsible for all use of the Service at your premises or via your account, including use by employees, contractors, tenants, or other third parties.

8.2 Prohibited Activities

You must not use the Service to:

8.3 Data Allowances

If your plan includes a monthly data allowance and you exceed it, your speeds may be shaped to a reduced rate until your next billing cycle as specified in your Critical Information Summary. Unlimited plans are subject to our Fair Use Policy to protect network quality.

8.4 Consequences of Breach

If we reasonably believe you have breached this section, we may: issue a formal warning; restrict your speeds or access; suspend or terminate your Service; and/or report the matter to law enforcement and provide your personal information in accordance with our Privacy Policy.

9. Suspension and Termination

9.1 Suspension by 2GoBroadBand

We may suspend your Service immediately and without notice where: (a) you fail to pay an overdue invoice; (b) you materially breach this Agreement; (c) we are directed to by a regulator, court, or law enforcement; or (d) suspension is necessary to protect network integrity or perform emergency maintenance.

9.2 Termination by 2GoBroadBand

We may terminate your Service with 30 days' written notice for any reason, or immediately for a serious or repeated breach. Charges will be adjusted on a pro-rata basis where we terminate without cause.

9.3 Termination by You

You may cancel your Service with 30 days' written notice. Fees continue to accrue during the notice period. Early Termination Charges may apply to fixed-term plans as set out in Section 4.4.

9.4 Effect of Termination

On termination: (a) your access to the Service will cease; (b) all outstanding fees become immediately due; and (c) any applicable Early Termination Charges will be invoiced and must be paid within 14 days.

10. Privacy and Data

10.1 We collect, hold, use, and disclose your personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles.

10.2 Our Privacy Policy is published on our website at www.2gobroadband.com.au and forms part of this Agreement.

10.3 We may be required by law to disclose your personal information to law enforcement, courts, regulators, or other government bodies.

10.4 By entering into this Agreement, you consent to the collection and use of your personal information as described in our Privacy Policy.

11. Liability

11.1 Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability to you is limited to the total amount you paid for the Service in the 3-month period immediately preceding the event giving rise to the claim.

11.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, 2GoBroadBand is not liable for any indirect, special, incidental, or consequential loss, including loss of profit, revenue, data, business, or business interruption.

11.3 Australian Consumer Law

Nothing in this Agreement excludes any right or remedy under the Australian Consumer Law that cannot be excluded by agreement. To the extent we may limit liability for a consumer guarantee failure, our liability is limited to resupplying the Service or paying the reasonable cost of resupply.

11.4 Indemnity

You indemnify and hold harmless 2GoBroadBand and its officers, employees, agents, and contractors against any claim, loss, damage, or liability arising from: (a) your breach of this Agreement; (b) your unlawful use of the Service; or (c) damage caused by your Equipment or actions to our network.

12. Changes to Services and Pricing

12.1 We may change the features, inclusions, speeds, or pricing of your Service. Where a change has more than a minor detrimental impact, we will provide at least 30 days' written notice.

12.2 If you do not accept a material detrimental change, you may cancel within the notice period without incurring an Early Termination Charge.

12.3 We may perform planned and emergency network maintenance. We will use reasonable efforts to notify you in advance of planned maintenance that may affect your Service.

13. Faults and Customer Support

13.1 If you experience a fault, report it to our support team via phone, email, or our online portal. Contact details are available on our website.

13.2 We will investigate and work to resolve faults within a reasonable timeframe. Resolution may depend on third parties such as nbn co.

13.3 We are not responsible for faults caused by: (a) your Equipment or internal wiring; (b) your actions or those of third parties at your premises; (c) events outside our control; or (d) planned maintenance we have notified you of.

14. Complaints and Dispute Resolution

14.1 If you have a complaint, please contact us first. We will acknowledge it within 2 business days and aim to resolve it within 15 business days in accordance with our Complaints Handling Policy.

14.2 If your complaint is unresolved, you may contact the Telecommunications Industry Ombudsman (TIO) at www.tio.com.au or 1800 062 058. The TIO provides free and independent dispute resolution.

14.3 This Agreement is governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria.

15. Force Majeure

Neither party will be liable for any delay or failure to perform obligations under this Agreement caused by circumstances beyond its reasonable control, including natural disasters, acts of government, fire, flood, civil disturbance, pandemic, or third-party infrastructure failures. The affected party must notify the other as soon as reasonably practicable.

16. General Provisions

16.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

16.2 Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

16.3 Waiver. Failure to enforce any provision does not constitute a waiver of that or any other provision.

16.4 Assignment. You may not assign your rights or obligations without our prior written consent. We may assign this Agreement to a related body corporate or successor entity.

16.5 Notices. Notices may be sent by email or post. Email notices are deemed received the next business day; postal notices within 3 business days of posting.

16.6 Regulatory Compliance. This Agreement is subject to the Telecommunications Act 1997 (Cth), the TCP Code, and applicable ACMA standards.

16.7 No Partnership. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.

17. Contact Details

For all enquiries, account support, billing, complaints, and technical assistance:

After-hours fault reporting options are available on our website.

Acknowledgement. By signing up for or using the Services of 2GoBroadBand, you confirm that you have read, understood, and agree to be bound by this Standard Form of Agreement.