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PRIMAX Solutions ABN 14 090 917 490 (hereinafter referred to as "PRIMAX")
and the Customer (being an entity subscribing to PRIMAX for the
provision of Internet services) agree that by accessing PRIMAX
Internet services, you accept, without limitation or qualification,
these terms and conditions:
1. PRIMAX makes no warranties or representations as to the accuracy
of information in or linked to this web site and assumes no
liability or responsibility for any errors or omissions in content.
2. PRIMAX shall not be liable for any damage to and/or viruses that
may infect your computer equipment or other property on account of
your access to, use of, or browsing of our web site and/or your
downloading of any materials, data, text, images, video or audio
from the PRIMAX Internet web site. PRIMAX recommends the use of and
regular updating of anti-virus, firewall and other appropriate
security measures to ensure your computer system and information
stored on it is secure.
3. The Customer acknowledges that the service is not fault free and
there may be interruptions and/or access difficulties from time to
time. PRIMAX is not liable for any downtime or for any problems that
may arise due to the incompatibility of modems or equipment.
4. You form no right to use any Trademark displayed on the PRIMAX
Internet web site without the permission of the party that owns that
Trademark.
5. PRIMAX assumes no responsibility or liability arising from the
content nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained in any information. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, offensive,
obscene, scandalous, inflammatory, pornographic, or other materials
that could constitute or encourage conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
violate any law.
6. PRIMAX reserves the right to suspend or terminate, with or
without notice, any Customers' account, which in PRIMAX's opinion,
directly or indirectly is involved in activities, which are
detrimental to PRIMAX's Internet service or jeopardize the use of
PRIMAX's service or its performance for other customers or how the
wider community will perceive PRIMAX. This includes, but is not
limited to 'Spamming' e-mail or forwarding spammed e-mail to other
Internet user's e-mail addresses, customers listed or cause the
listing of PRIMAX or its Customers on any Real-time Black List,
e-mail bombing and the use of bulk e-mail programs to unsolicited
recipients, commercial advertising, informational announcements,
charity requests, petitions for signatures, chain letters and
political or religious messages, attempted unauthorized access to
other Internet servers and systems, misrepresentation and abusive or
offensive behaviour in newsgroups and other online facilities.
7. PRIMAX has the right to recover revenue from the Customer for any
costs incurred for damages and/or repairs and/or maintenance and/or
loss of business caused by, or resulting from, any of the above
activities (clause 5 and 6).
8. The Customer must not use the PRIMAX service in a way or post to
or transmit to or via the PRIMAX service any material which
interferes with other users or defames, harasses, threatens,
menaces, offends or restricts any person or which inhibits any other
customer from using or enjoying the PRIMAX service. The Customer
must not use the PRIMAX service to send unsolicited electronic mail
messages to anyone. The customer must not attempt any of these acts
or permit another person to do any of these acts.
9. PRIMAX reserves the right to suspend without notice any
Customers' account involved in offensive and/or illegal activities
under State and/or Federal laws. In such a case the relevant law
enforcement agency(ies) will be notified, and where possible
offending material(s) passed on.
10. PRIMAX packages may not be combined with any other PRIMAX
package or offer. Any PRIMAX package or offer may be changed or
withdrawn at any time, such change will take effect from the end of
your then current package.
11. You agree it is a breach of agreement to connect any equipment
to the service that is not labeled with the ACA telecommunications
compliance mark and you will be liable for any damages or claims
arising from this. In the case of dispute, you agree that PRIMAX
Internet is provided access to your premises for the purpose of
inspection.
12. All administration, registration and set-up fees are
non-refundable.
13. Telephone connection charges are the Customers responsibility
and are in addition to PRIMAX subscription charges. PRIMAX shall not
be liable, or reimburse Customers for any costs, technical support
or phone charges incurred while establishing connectivity with
PRIMAX.
14. The Customer hereby authorizes PRIMAX to charge any excess usage
of their account at the current rate applicable to PRIMAX services
at the time the excess were used, and to debit any amounts due to
PRIMAX from any credit card account previously given to PRIMAX for
billing purposes. The Customer notes and agrees that any
accounting/administration/registration fees are not refundable and
that cancellation fees may apply. Dishonoured cheques incur a $16.50
inc. GST handling charge. For other forms of payment, it is your
responsibility to contact PRIMAX to renew their subscription for the
next period. For other forms of payment, it is your responsibility
to contact PRIMAX to renew their subscription for the next period.
15. Registration will not be processed without prior payment. If an
account is cancelled for any reason, neither the Administration Fee
nor any unused time will be refunded.
16. The packages paid by credit card be will automatically renewed
for the next subscription period, unless written notice of
cancellation is received at least two weeks prior to the expiration
of the then current subscription. If such written notice is not
received, PRIMAX will automatically debit your credit card one-week
prior to expiration for the next period. PRIMAX may not necessarily
contact the Customer to advise renewal.
17. For other forms of payment, it is the Customers responsibility
to contact PRIMAX to renew their subscription for the next period.
PRIMAX may not necessarily contact the Customer to advise renewal.
18. The Customer is required to inform PRIMAX if their credit card
is due to expire two weeks prior to the expiry date and is required
to provide PRIMAX with details of a current credit card. PRIMAX will
close an account 2 days prior to the expiration of the nominated
credit card if updated credit card details are not provided.
19. PRIMAX reserves the right to check Customers details with credit
referencing bodies/associations.
20. The Customer must keep confidential any codes, passwords or
other security information provided to them by PRIMAX Internet and
must notify PRIMAX Internet without delay if these details are
disclosed.
21. The Customer agrees to pay for all usage charges generated
through their Username and Password or PRIMAX Account.
22. PRIMAX does not under any circumstances allow back channeling.
PRIMAX reserves the right to charge Customers for any incoming or
outgoing traffic if this is breached at 20 cents per MB.
23. PRIMAX may use the information you supply to contact you
regarding your account or other promotional matters.
24. The Customer agrees that if PRIMAX Internet is asked to
investigate a breakdown in the service and upon investigation it is
found that the fault is not due to PRIMAX Internet equipment then
the Customer agrees to pay per hour charges as advertised on PRIMAX
website i.e. www.PRIMAX.com.au during normal business hours -
minimum charge is 1 hour and $250 per hour outside normal business
hours for time and travel.
26. PRIMAX reserves the right to charge the customer all fees in
relation to this agreement, unless otherwise agreed in writing by
the customer and PRIMAX.
27. PRIMAX Internet pricing is subject to change without notice.
28. You confirm that you are at least 18 years old and that you have
the legal capacity to enter into this agreement.
29. PRIMAX Products and/or Services may be withdrawn at any time.
30. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR
OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE
LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE,
COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH
USE OF THE PRIMAX SERVICE, ANY FAILURE TO PROVIDE PRIMAX, INCLUDING
A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR
INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA
PRIMAX.
31. In addition to the Standard Terms and Conditions, all other
products such as permanent connections, ADSL & Web Hosting etc. are
covered by specific contracts. Customers should note that these
Standard Terms & Conditions and the additional Package Conditions
may be revised at any time by way of update on the PRIMAX web site -
www.PRIMAX.com.au. Customers are bound by any revisions as at the
date they are displayed and should regularly examine the current
Standard Terms & Conditions and the additional Package Conditions
displayed on the PRIMAX Internet web site.
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ADSL Terms and Condition
PRIMAX Solutions, ABN 14 090 917 490 (hereinafter referred to as “PRIMAX")
and the Customer (being an entity subscribing to PRIMAX for the
provision of ADSL Services, accept, without limitation or
qualification, these terms and conditions:
1. Any support, maintenance and/or consulting by PRIMAX to the
Customer shall be regarded as separate to this agreement. The
Customer is responsible for any expenses relating to, but not
limited to cabling, configuration, reconfiguration and/or
modifications to the Customer's equipment.
2. Equipment provided by PRIMAX to the Customer is covered by a 1
year return to base warranty.
3. Subject to PRIMAX's Standard Terms and Conditions, the ADSL
connection will only be supplied to Customer if there is a presence
of Telstra's line network and the physical number is with Telstra or
with Primax for line rental, the provision
of services will be ongoing until terminated by either party giving
30 days notice in writing. If the Customer terminates this Agreement
before the expiry of the Initial Contract Period, the Customer will
be liable to pay the remaining access charges up to, and including,
the end of the Initial Contract Period.
4. If the Customer fails to comply with any of the conditions set
out in this Agreement and/or with PRIMAX's Standard Terms and
Conditions, PRIMAX may terminate this Agreement immediately by
giving written notice. On termination, the Customer's right to use
the ADSL Service ceases immediately and PRIMAX will not be liable
for any loss or damage suffered by the Customer.
5. The Customer agrees and understands that in some cases it may not
be possible to provide the ADSL Service and in such an event both
parties will be released from their obligations under this Agreement
and PRIMAX will have no liability to the Customer. The Customer
accepts that some services offered by the Third Party Carrier's
Network infrastructure are incompatible with the ADSL Service and
may not be available to the Customer, after connection to the ADSL
Network.
6. The Customer acknowledges that PRIMAX cannot be held responsible
for any loss incurred by the Customer because of faults and/or
failures within the Third Party Carrier's Network infrastructure.
7. Customers use the ADSL Service at the Customers own risk and
PRIMAX takes no responsibility for any data downloaded and/or the
content stored on the Customer's computer. The Customer agrees not
to make any claim against PRIMAX, its suppliers, employees,
contractors or assignees for any loss, damages or expenses relating
to, or arising from, this Agreement or the use of the ADSL Service
and PRIMAX mail and/or other services.
8. PRIMAX will use its best endeavors to make the ADSL Service
available to the Customer 24 hours a day, 7 days a week. The
Customer acknowledges that PRIMAX cannot guarantee uninterrupted
service, the speed, performance or quality of the ADSL Service. The
Customer further acknowledges that the ADSL Service is not fault
free and there may be interruptions and/or access problems from time
to time as PRIMAX depends on the performance of Third Parties over
which PRIMAX has no control and therefore can accept no liability
for problems that may arise from the service.
9. The Customer hereby indemnify's PRIMAX against all liability,
costs, loss or damage, suffered or incurred by PRIMAX, its
suppliers, employees, contractors and assignees arising from this
Agreement or the use of the ADSL Service.
10. The Customer agrees not to assign, transfer, or re-sell any of
the services provisioned by PRIMAX under this Agreement or any
rights given by the use of this service.
11. The Customer agrees this ADSL Service cannot be resold and it is
not available to, but not limited to ISPs, Internet Café's and Web
Hosting Company's. Otherwise charges of $10,000 per month for a 256K
connection, $15,000 per month for a 512K connection and $20,000 per
month for 1500K or above connections from the first date of
connection apply.
12. PRIMAX reserves the right to terminate the service immediately
and recover all monies owing from the first date of connection,
including the cost of recovery, caused by, or resulting from, the
above activities (clause 11).
13. The Customer agrees to direct all queries regarding faults and
outages of the ADSL Service to PRIMAX's Technical Help Desk. The
Customer is liable for any inquires to Third Party service providers
or Telstra. PRIMAX will invoice the customer for any cost incurred
by the customer calling Telstra for any help or queries relates to
the ADSL service.
14. If the Customer acquires the PRIMAX Service by signing an
agreement provided to the Customer by a PRIMAX Dealer, the Customer
acknowledges that the Dealer is acting as PRIMAX's agent only for
the purposes of receiving this agreement from the Customer and
providing it to PRIMAX. The Dealer is not PRIMAX's agent for any
other purposes or in any other capacity and the service, is not
provided by the Dealer. The Customer acknowledges that the PRIMAX’s
Dealer is not the Customer's agent.
15. The Customer's equipment must conform to the minimum
requirements for the provisioning of PRIMAX's ADSL Services.
16. The Customer agrees that information concerning the Customer
will be held by PRIMAX and may be used to enable both parties to
perform obligations defined in this Agreement and any other
agreements between PRIMAX and the Customer.
17. This Agreement shall operate and be binding upon the parties
from the date of its execution.
18. The Customer agrees that PRIMAX may increase its charges by any
new or increased Government taxes, charges, fees, duties or other
imposts.
19. The Customer agrees to pay charges for the ADSL Service in
accordance with the PRIMAX internet price list. The Customer
understands that these charges might be altered from time to time by
PRIMAX giving 14 days notice of such alterations to the Customer in
accordance with this Agreement. However, PRIMAX will not increase
the access charge payable by the Customer during the Initial
Contract Period.
20. The Customer acknowledges that there may be a minor disruption
to the nominated standard telephone service during ADSL
installation. In case of churn (service transfer from another
provider to PRIMAX), there may be a downtime in the service from 2
hours to up to 24 hours.
21. Where the installation of Equipment involves a telephone line,
the Customer warrants that the Customer is the legal renter of the
telephone line.
22. The Customer agrees to nominate an existing standard telephone
service for delivery of the ADSL service and the Customer will
continue to be responsible for all costs of the nominated service to
the Customer's existing carrier or to the carrier of the Customer's
choice.
23. The Customer must not create any conflict with the normal
operation of the ADSL Service or any related facility of service.
24. The Customer is not to allow a third party to use the ADSL
Service without direct supervision and/or written authorization by
PRIMAX. The Customer is responsible for all use of the ADSL Service
including use that is not authorized by the Customer.
25. The Customer is responsible, for all usage charges in respect of
the use of the ADSL Services whether or not such usage was
authorized. It is the Customer's responsibility to maintain the
security of the means of access to the ADSL Services and to ensure
unauthorized use does not occur.
26. PRIMAX will commence the Initial Contract Period and the billing
cycle for data traffic on the first usage or 3 days after Telstra
activates the ADSL line whichever comes first.
27. The Customer agrees to pay all set-up, access and usage charges
(where applicable) and any other charges related to the service
chosen by the Customer by cheque, credit card or direct debit, once
the ADSL line has been confirmed as available.
28. All notices shall be in writing and shall be either hand
delivered, sent by post, facsimile or emailed to the parties hereto
at their respective addresses.
29. ADSL changes, additions and/or cancellations incur additional
charges, as displayed on PRIMAX website i.e. www.PRIMAX.com.au and
the PRIMAX internet price list.
30. A cancellation fee, as advertised on the PRIMAX website will
apply if cancelled prior to the expiry of the Customer's first
Initial Contract Period.
31. Migrating to another PRIMAX ADSL plan does not reduce the
Initial Contract Period or terminate the agreement or result in a
reduction of the charges payable by the Customer to PRIMAX. The
Customer will be charged additional set-up fees for any migration
changes. The new package charges will apply from the date of the
Migration to the end of the Initial Contract Period.
32. The Customer agrees that if PRIMAX is asked to investigate a
breakdown in the service and upon investigation it is found that the
fault is not due to PRIMAX equipment then the Customer agrees to pay
PRIMAX its standard hourly rate for time and travel as indicated on
PRIMAX website i.e. www.PRIMAX.com.au.
33. PRIMAX reserves the right to change these ADSL Terms and
Conditions without notice to the customer.
34. PRIMAX reserves the right to terminate the service immediately
and recover all monies owing, including the cost of recovery, when
payments are overdue.
35. PRIMAX assumes no responsibility or liability arising neither
from the content nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or
inaccuracy contained in any information. You are prohibited from
posting or transmitting any unlawful, threatening, libelous,
offensive, obscene, scandalous, inflammatory, pornographic, or other
materials that could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise violate any law.
36. PRIMAX has the right to recover revenue from the Customer for
any costs incurred for damages and/or repairs and/or maintenance
and/or loss of business caused by, or resulting from, any of the
above activities (clause 34 and 35).
37. PRIMAX reserves the right to suspend or terminate, with or
without notice, any Customers' account, which in PRIMAX's opinion,
directly or indirectly is involved in activities, which are
detrimental to PRIMAX's internet service or jeopardize the use of
PRIMAX's service or its performance for other customers or how the
wider community will perceive PRIMAX. This includes, but is not
limited to 'Spamming' e-mail or forwarding spammed e-mail to other
Internet user's e-mail addresses, customers listed or cause the
listing of PRIMAX or its Customers on any Real-time Black List,
e-mail bombing and the use of bulk e-mail programs to unsolicited
recipients, commercial advertising, informational announcements,
charity requests, petitions for signatures, chain letters and
political or religious messages, attempted unauthorized access to
other Internet servers and systems, misrepresentation and abusive or
offensive behaviour in newsgroups and other online facilities.
38. The Customer must not use the PRIMAX service in a way or post to
or transmit to or via the PRIMAX service any material which
interferes with other users or defames, harasses, threatens,
menaces, offends or restricts any person or which inhibits any other
customer from using or enjoying the PRIMAX service. The Customer
must not use the PRIMAX service to send unsolicited electronic mail
messages to anyone. The customer must not attempt any of these acts
or permit another person to do any of these acts.
39. PRIMAX reserves the right to suspend without notice any
Customers' account involved in offensive and/or illegal activities
under State and/or Federal laws. In such a case the relevant law
enforcement agency(ies) will be notified, and where possible
offending material(s) passed on.
40. PRIMAX is not liable for any indirect loss or damage, loss of
profits, loss of business or anticipated savings, loss, corruption
or destruction of data or for any other type of indirect or
consequential loss or damage whatsoever, as a result of using this
service.
41. PRIMAX shall not be liable for the consequences of an occurrence
of any event beyond its reasonable control and such event shall not
amount to a breach of this Agreement.
42. These ADSL Terms & Conditions are subject to change without
notice.
43. The Customer agrees to be bound by PRIMAX's Standard Terms and
Conditions.
44. PRIMAX makes no warranties or representations as to the accuracy
of Information in or linked to the PRIMAX web site and assumes no
liability or responsibility for any errors or omissions in content.
45. This Agreement overrides and cancels any previous agreements,
whether verbal or otherwise, arrangements or commitments between the
Customer and PRIMAX relating to ADSL Internet Connection Services.
46. This Agreement shall be deemed to have been made in Sydney ,
Australia , and it shall be governed and interpreted according to
the laws, including conflict of laws, applicable in the State of New
South Wales . Each of the parties submits to the jurisdiction of the
Courts of New South Wales.
47. ADSL packages will not have any 56K dial-up back up connections
from PRIMAX unless mentioned in the package.
48. The Customer agrees that the IP Address(es) remains the property
of PRIMAX and that the Customer is renting the IP Address(es) during
the period of their contract only. On termination of the Customers
contract, their IP Address(es) rented from PRIMAX, will be returned
to PRIMAX.
49. PRIMAX will not be liable for any loss of function or data or
performance due to virus scanning, undesirable material filtration,
junk mail filtering and/or email storage. PRIMAX endeavors to
provide a high quality of these services.
50. The Customer agrees that the PRIMAX ADSL Connection can only be
used at one physical site and/or with one Network system operating
at this site. PRIMAX does not offer the right to use the connection
for multiple sites.
51. PRIMAX reserves the right to add or delete any web sites to our
filter list without any prior notice to the customer.
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