Terms and Conditions — Talkpod RapidPTT LiTE (N56A) Devices and Dual‑Network SIMs
Definitions
“Agreement”: these Terms + the sales order
“Provider”, “we”, “us”, “our”: Talkpod Australia (or supplier named in sales order)
“Customer”, “you”, “your”: purchaser of Products
– “Products”: Talkpod RapidPTT LiTE radios (N56A), Provider‑supplied SIMs, included accessories
– “SIM”: Provider‑supplied data‑only SIM provisioned for Telstra & Optus LTE access
– “Service”: access to RapidPTT LiTE channel, provisioning, support and SIM connectivity
– “Enterprise”: enterprise version of RapidPTT (multiple channels, Rapid Command, etc.)
– “Activation/Registration Date”: date recorded when device is registered on Talkpod Australia registration page
– “Calendar month”: first to last day of a calendar month in Provider’s time zone
Parties and Scope
– Terms govern sale/supply of Products by Provider to Customer and provision of associated Services as per sales order
– Purchase Options and Package Contents
– Purchase options: single unit, twin pack, bulk packages per sales order
– Each N56A includes one SIM unless otherwise stated
– Included accessories listed in sales order
– Pricing, GST and Payment
– Prices exclusive of GST unless stated; applicable taxes payable in addition
– Payment terms, billing cycles, methods, late payment interest/fees set out in sales order
– Provider may suspend delivery/provisioning for overdue accounts
– Activation, renewal and migration fees non‑refundable unless stated
Delivery and Acceptance
– Delivery dates are estimates; risk passes to Customer on delivery
– Customer must inspect goods and notify Provider of defects/damage/shortages within 7 days, otherwise goods deemed accepted
Device Registration, Provisioning and Activation
– Customer must register each device by IMEI/IMEI‑SV via Talkpod Australia registration page (or other specified method) within 14 days unless agreed otherwise
– Activation/Registration Date recorded on registration page is SIM activation date; activation, warranty periods and billing cycles commence from that date (no back‑dating or forward‑dating)
– Registration required to provision SIM service, enable support and activate warranties; failure to register may delay provisioning, activation and warranty entitlement
SIM Service, Use and Responsibility
– SIMs provisioned for dual‑network LTE access (Telstra & Optus); actual coverage subject to network availability and local conditions
– SIM activation/service periods commence on Activation/Registration Date and measured per calendar month
– Customer liable for all activity and charges on registered SIMs (data, messages, calls, roaming, third‑party charges)
– Data allowance: 600 MB per SIM per calendar month; N56A expected to typically use <300 MB per calendar month
– Usage cap: Customer must not use >600 MB per SIM per calendar month unless Provider agrees in writing
– Over‑use: SIMs recording >600 MB in a calendar month deemed associated with unauthorised device/use case; Provider may monitor usage, notify Customer, suspend service, apply over‑use charges or void service
– Notice & cure: where practicable Provider will give written notice and 48‑hour cure period prior to permanent suspension/voiding, except where immediate action needed for security, fraud, unlawful use or network operator requirements
– Measurement: Provider’s monitoring systems measure usage; Provider records are prima facie evidence
– Prohibited uses: unlawful activity, fraud, bulk‑messaging, unauthorised tethering, or other prohibited purposes; Provider may monitor and act to protect networks and compliance
Misuse, Suspension and Termination of SIM Service
– Provider may suspend/terminate SIM service immediately for suspected misuse, fraud, security risk, unlawful activity or material breach
– Suspension/termination does not relieve Customer of liability for charges incurred prior
– Replacement/re‑provisioning at Provider’s discretion and may incur fees; Provider may require proof of ownership/identity before re‑provisioning
Renewal, Replacement and Migration Fees
– SIM renewals, replacements, reactivations or provisioning changes subject to Provider’s current fees (e.g., 12‑month renewal fee currently $97.50)
– Migration from RapidPTT LiTE to Enterprise may incur setup/migration fees and Enterprise monthly charges; lead times provided by Provider
– Access to Talkpod Australia RapidPTT Servers and Enterprise Options
– RapidPTT LiTE server access provided free for life of radio for devices on RapidPTT LiTE channel
– Enterprise available for multi‑channel and Enterprise features (including Rapid Command)
– Rapid Command charge: $22.00 per device per calendar month (ex GST) or Provider’s then‑current rate; other Enterprise features may incur fees
– Radios on Enterprise may access RapidPTT LiTE; RapidPTT LiTE devices cannot access Enterprise‑only channels/features unless migrated to Enterprise (migration = re‑provisioning + Enterprise fees per device)
– Provider will publish current pricing, setup and migration instructions; prices may change with notice
Warranty and Disclaimers
– Device warranty: N56A warranted against defects in materials/workmanship for 24 months from delivery, subject to proper use/maintenance and these Terms
– Accessories: manufacturer’s warranty for 12 months from delivery; accessory claims subject to manufacturer’s terms
– Exclusions: loss, theft, cosmetic damage, consumables, misuse, unauthorised repair/modification, improper installation, water ingress (where not rated), third‑party network/product issues not covered
– Remedies: Provider may repair, replace (may be refurbished) or refund item price for valid warranty claims
– Disclaimer: to extent permitted by law, all other warranties, representations or conditions excluded; nothing excludes non‑excludable rights under Australian Consumer Law
Support and Maintenance
– Provider to provide support/provisioning assistance per sales order or support plan; additional services (on‑site, advanced replacement, emergency response) may incur fees
– Service levels, response times and charges set out in sales order or support agreement
Liability and Indemnity
– Limitation of liability: to maximum extent permitted by law, Provider’s total liability limited to amount paid by Customer for specific Products/Services giving rise to claim (per claim and in aggregate)
– Exclusion of consequential loss: Provider not liable for indirect, special, incidental, consequential or punitive damages (including loss of profit, revenue, business or data) except where non‑excludable by law
– Indemnity: Customer indemnifies Provider against losses, liabilities, claims, demands, damages, costs and expenses (including reasonable legal costs) from Customer’s breach, misuse of SIMs, unlawful activity or acts/omissions of Customer or users; Provider to give prompt notice of claim, may assume defence, Customer to cooperate; no settlement by Customer without Provider consent (not unreasonably withheld)
Privacy and Data Protection
– Provider collects/uses personal info to register devices, provision SIMs, bill and provide support; handled per Provider privacy policy and the Privacy Act 1988 (Cth)
– Customer consents to sharing registration/provisioning info with network operators, service providers and law enforcement where required
– Provider implements reasonable technical/organisational measures to protect personal/usage data; retention per privacy policy and legal requirements; access requests to privacy officer
Dispute Resolution
– Parties must attempt good faith negotiation within 30 days of dispute
– If unresolved, parties agree to attempt mediation (mediator/rules to be agreed) before court proceedings, without prejudice to either party’s right to seek urgent interlocutory relief
Termination and Effects of Termination
– Either party may terminate for material breach not remedied within 30 days’ written notice; Provider may suspend Services immediately for non‑payment or suspected fraud
– On termination Customer liable for charges incurred up to termination; Provider may disable SIMs, terminate Services and require return of equipment within 14 days (replacement fees may apply if not returned)
– Provider may delete/archive Customer data per retention policy after reasonable notice
Force Majeure
– Neither party liable for delay/failure due to events beyond reasonable control; affected party to notify and use reasonable efforts to resume performance
– If force majeure continues >90 days, either party may terminate on written notice
– Assignment and Subcontracting
– Customer may not assign/novate without Provider’s prior written consent
– Provider may assign, novate or subcontract (including to network operators/cloud providers) and remains responsible for subcontracted acts as required by law
Amendment and Notices
– Provider may amend Terms with at least 30 days’ notice (changes not affecting fees for active billing periods); continued use after amendment constitutes acceptance
– Notices in writing to contact details in sales order or Provider’s published contacts
– Severability and Waiver
– Invalid/unenforceable provisions severed; remainder continue in force
– Failure to exercise a right is not a waiver of that right
– Governing Law and Jurisdiction
– These Terms governed by laws of all Australian States and Territories and Australian federal law
– Parties submit to the non‑exclusive jurisdiction of the courts of Australia
Entire Agreement
– These Terms and the sales order constitute the entire agreement and supersede prior agreements
Acknowledgement
– By accepting delivery and/or registering devices Customer acknowledges and agrees to these Terms, including Activation/Registration Date as SIM activation date; 24‑month warranty for N56A; 12‑month manufacturer warranty for accessories; RapidPTT LiTE access free for life of radio subject to Terms; Enterprise features/migrations/fees apply
Contact and Notices
Talkpod Australia
Email: sales@talkpodaustralia.com.au
Phone: 03 9899 4848
Address: 2 11 Clarice Road Box Hill South, Vic 3128.
Phone:
Email Enquiries: