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Internet Primus have a range of connection plans to suit each and every budget. These range from "time only" accounts, to "pay by the month" as well as an "all you can eat, unlimited hours" option. Check your local dialup area. PLEASE NOTE: JOINING FEE - NORMALLY $9.95 - WAIVED FOR A LIMITED PERIOD! !
* Conditions apply (Click here) Terms & Conditions 1. In this Agreement, the following terms have the following meanings: "Charges" means the periodic charge due to Primus from the User for the User's Internet Access, as amended from time to time and notified to the User; "Defined Abuse" means misuse of the Internet Access as follows: (a) giving an unauthorized person the User's account and password details, (b) deliberately or recklessly disrupting Primus' service, (c) engaging in the practice known as spamming, (d) using the Internet Access in an unlawful manner, (e) using the Internet Access to menace or harass others, (f) Denial-of-service attacks on other users or networks, (g) using the Internet Access to unlawfully obtain access to other networks, or (h) as otherwise reasonably determined by Primus; "Denial-of-service attacks" includes behaviour of the User that results in disruption of Primus' service, disruption of other people's Internet Access or their enjoyment of that Access, which includes but is not limited to computer viruses, IRC harassment, e-mail bombardment, damage to Internet-connected resources and channel flooding; "Internet Access" means connection to the Internet using software protocols supported by Primus to connect the User's computer equipment to Primus' network. This includes access to e-mail and the World Wide Web, but not necessarily other services or access otherwise than from a dialup connection; "Primus" means Primus Telecommunications Pty Ltd ACN 071 191 396, its successors and assigns; "User" means the customer named in the application form. 2. This agreement commences when Primus accepts the User's application form and continues until terminated by either party in accordance with this agreement. 3. Primus agrees to use its best endeavours provide Internet Access to the User. The Internet Access will be generally available 24 hours a day, seven days a week, except for service maintenance times, of which Primus will endeavour to notify the User in advance. However, Internet Primus does not warrant that the service will be uninterrupted or error free. 4. The Internet Access shall be personal to the User and the persons authorized on the application form. The User must not permit any other person to use the Internet Access and must not re-sell the Internet Access. 5. Primus will provide the User with a unique login identification code, password, telephone number and other login information required to enable connection to the Internet Access. The User must not use the login identification code and password for multiple concurrent logins and must ensure that neither the login identification nor the password are disclosed to any unauthorized person. 6. The terms of this agreement including without limitation the Charges are subject to change by Primus. Primus shall give not less than 30 days' written notice to the User of any changes. In the event that the Internet Access is substantially limited by such changes, the User shall be entitled to close the account and to receive a pro-rata refund of any prepayments for Internet Access paid prior to the User being notified of the changes. 7. The User agrees to pay the Charges. The Charges shall be charged on the expiry of the first period of pre-paid Internet Access and at the conclusion of each period pre-paid thereafter. 8. Payments may be made by either credit card or on the User's Globe-Talk bill. If the User has nominated periodic payments by credit card, debit authority or similar method then payments of the Charges shall be drawn against the User's authority unless the User terminates the payment method by 14 days' notice to Primus. The User authorizes Primus to disclose the User's credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details and to determine whether there is sufficient credit available in the account. 9. For accounts paid by credit card, the second month's connection fee will be debited automatically. Subsequent monthly connection fees will be debited automatically at the beginning of each charge period. Usage fees will also be debited at the end of each charge period. If the User's credit card number expires or Primus is unable to debit charges to this credit card number, Primus may immediately and without notice terminate the service. 10. The User is responsible for providing and paying for all telephone lines (including where applicable ISDN lines), modems, hardware and software and other devices necessary to access the service. 11. The User must release and indemnify Primus from and in respect of any liability, loss, damage or expense suffered by Primus as a direct or indirect result of the use of the Internet Access, including without limitation the transmission of any illegal or fraudulent material or Defined Abuse or any claim made against Primus by any of its service providers. 12. The User warrants that the information supplied by the User in relation to the Internet Access is true and correct. 13. The User is responsible for maintaining any equipment or facility provided by the User. 14. If equipment or a facility owned or controlled by the User causes a fault in, or interferes with, the operation of any system owned or operated by Primus (including without limitation Primus' telecommunications network), the User must, if requested by Primus, indemnify Primus for any necessary service calls or loss or damage incurred by Primus as a result. 15. Advice, software and information given by Primus is given in good faith but Primus is not required to provide such under this agreement. Subject to this agreement, Primus shall not be responsible for loss occasioned by the User in reliance thereof. 16. The User shall be responsible for backup and storage of the User's software including without limitation data. 17. THE USER USES THE SERVICE AT THE USER'S OWN RISK. PRIMUS DOES NOT MONITOR OR CHECK THE CONTENT OF INFORMATION AVAILABLE ON THE INTERNET OR VIA THE INTERNET ACCESS INCLUDING WITHOUT LIMITATION ILLEGAL, IMMORAL OR OFFENSIVE MATERIAL OR SOFTWARE VIRUSES AND PRIMUS SHALL NOT BE LIABLE WHATSOEVER FOR ANY SUCH MATERIAL UNLESS IT IS KNOWINGLY INTRODUCED BY PRIMUS. THE USER UNDERTAKES TO ADEQUATELY SUPERVISE USE OF THE INTERNET ACCESS BY MINORS AND TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO USE OF THE INTERNET. 18. SUBJECT TO THIS AGREEMENT: (a) ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS WHICH ARE NOT EXPRESSLY PROVIDED OR INCLUDED IN THIS AGREEMENT ARE EXCLUDED FROM THIS AGREEMENT; AND (b) PRIMUS' MAXIMUM AGGREGATE LIABILITY TO THE USER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE. 19. PRIMUS' LIABILITY IS ENTIRELY EXCLUDED 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. 20. THIS AGREEMENT INCLUDES TERMS IMPLIED BY ANY STATUTE WHICH CANNOT BE LAWFULLY EXCLUDED, INCLUDING THOSE IMPLIED BY THE TRADE PRACTICES ACT 1974 (CTH) AND CORRESPONDING STATE AND TERRITORY LEGISLATION. HOWEVER, IN RELATION TO THE SUPPLY OF GOODS OR SERVICES WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, PRIMUS' LIABILITY FOR BREACH OF THOSE TERMS (OTHER THAN SECTION 69 OF THE TRADE PRACTICES ACT AND CORRESPONDING STATE AND TERRITORY LEGISLATION) WILL BE LIMITED, AT ITS OPTION, TO ANY ONE OR MORE OF: (a) IN THE CASE OF GOODS, THE REPLACEMENT, REPAIR OR PAYMENT OF THE COST OF REPLACEMENT OR REPAIR OF THE GOODS; AND (b) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN OR PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 21. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT OR ANY CONDITION, WARRANTY OR REPRESENTATION OTHERWISE MADE BY PRIMUS, PRIMUS LIMITS TO THE MAXIMUM EXTENT POSSIBLE ALL LIABILITY TO THE USER IN RELATION TO THE PROBLEM KNOWN AS THE YEAR 2000 PROBLEM, INCLUDING WITHOUT LIMITATION THE ABILITY OF ANY PRODUCT OR SERVICE SUPPLIED BY PRIMUS TO PERFORM DATE RELATED FUNCTIONS CORRECTLY AND ACCURATELY. 22. If the Charges are not paid to Primus by the due date, then Primus may immediately suspend or disconnect the Internet Access. Primus may immediately suspend or disconnect the Internet Access if the User's nominated payment method is refused or dishonoured by the User's nominated financial institution. Further, Primus may suspend Internet Access while investigating any complaint of illegal behaviour or Defined Abuse and may monitor or limit the User's Internet Access if required by direction of a competent law enforcement official. 23. Either party may, on giving 24 hours' written notice to the other party, terminate this agreement without cause. If Primus terminates this agreement pursuant to this clause, the User may apply for a pro-rata refund of any pre-paid Internet Access charges, but Primus will have the right to levy a reasonable fee for any costs incurred as a result of the early termination of this agreement including charging for the period of pre-paid Internet Access at the rates appropriate for the limited period actually used. 24. Notwithstanding any provision in this agreement, this agreement may immediately be terminated by Primus: (a) in the event of the User in Primus' reasonable opinion committing Defined Abuse; (b) if the Charges are not paid in accordance with this agreement; or (c) if there is a significant change or likely significant change in the User's financial position including without limitation bankruptcy, insolvency, a winding-up application or the appointment of a receiver. 25. Primus reserves the right to suspend the Internet Access in an emergency if Primus considers it necessary to do so to safeguard the provision of services to other customers or for any other reasonable reason. 26. Primus may without notice delete any e-mail sent to the User if the e-mail is greater than 2 megabits or if all of undeleted e-mails are greater than 7 megabits. Primus may also without notice delete any e-mail if the e-mail has not been deleted within 90 days of becoming available to the User. 27. Primus reserves the right to delete the User's personal files and e-mail on termination. 28. The forbearance on the part of Primus from terminating Internet Access on the first date Primus is entitled to do so shall not constitute any waiver of Primus' rights to maintain strict time limits including without limitation for payment and insisting upon standards of User behaviour pursuant to this agreement. 29. Primus will not be responsible for any delay or failure to perform caused by acts beyond its control including but not limited to acts of God, wars, strikes, natural disasters, failures of any other carrier and network operator's services and interruptions to power supply. 30. This agreement contains the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations warranties (other than warranties set out in this agreement), or commitments in relation to the subject matter of this agreement are superseded by this agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect to those matters. No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this agreement or constitute a collateral agreement, warranty or understanding between the parties. 31. The User must not assign or purport to assign any of its rights or obligations under this agreement without the prior written consent of Primus. Primus may assign or novate any of its rights or obligations under this agreement and the User shall be deemed to have consented to such assignment or novation. 32. The
User and Primus agree that the laws of Victoria shall govern this agreement
and each party irrevocably submits to the jurisdiction of Victorian courts
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