Primowireless Terms and Conditions

The information provided by this website is subject to change without notice. While every effort has been made to ensure accuracy, PrimoWireless Ltd will not be liable for any inaccuracies in the information contained herein. Web links are provided for your convenience. You can also download a copy of the terms and conditions by clicking here

Standard Terms AND Conditions

1. Intro

1.1         Primowireless (Primo) is the supplier of broadband internet and other services like satellite, VOIP etc to rural and other communities, businesses etc.

1.2         These STC’s apply to all services supplied by Primo and therefore once supplied, these STC’s are agreed to by the Customer (you).

1.3         These STC’s are subject to change without notice however because we’re good guys, we’ll let you know by e-mail or via our web site if there are any fishhooks in the new STC’s.

2. What you agree to do

2.1         Be nice!

2.2         Pay your monthly in advance invoice on time. That’s helpful and pertains to clause 2.1.

2.3         Be aware that you’re responsible at all times for any use of the services you’ve subscribed to

2.4         That you keep confidential the secret stuff about your Primo account. If someone piggy backs onto your account after they find out your password etc, then you’re responsible for paying the bill. Ouch!

2.5         You’ll also agree to change your password if we ask you to.

2.6         You need to take your e-mails off the mail server, that means download them on a regular basis to keep your files on the server to less than 10MB. We can charge you for more space if you want but may remove the data if it is in excess of 20MB if you haven’t organised this prior.

2.7         You’ll respect the privacy of other users like you would want other users to respect yours.

2.8         Keep your virus protection up to date

2.9         Give us 30 days notice of termination if you decide to leave. But why would you?

2.10       You agree to allow us access onto your property at a reasonable time to repossess our equipment if you don’t want it anymore or if you haven’t paid the bill; refer clause 2.2 (and 2.1!).

3. What you agree NOT to do

3.1         You won’t do Illegal stuff like copyright violation such as pictures and software unless you get the permission of the dudes who own it. Just don’t break any laws!

3.2         You won’t assign your rights over to anyone else under these terms. You’ve signed up with us so we’ll deal with you. We can assign our rights though but we’ll let you know if we’re doing that.

3.3         You won’t send multiple unsolicited e-mails to large numbers of people which includes advertising etc. That’s not being nice….you know clause 2.1.

3.4         You won’t on-sell our services to anyone else unless we agree.

3.5         Introduce harmful stuff like viruses to anyone else. Yuk and also nooooot very popular!

3.6         You won’t hold Primo or its suppliers or resellers liable to you or any other person for any indirect, special, incidental or consequential damages of any character, including but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages, even if Primo shall have been informed of the possibility of such damages or for any claim by any other party. Phew!

4. What we’ll do

4.1         Be really nice! We are anyway..

4.2         Utilise our best endeavours to make all services for you available 24 hours where reasonable. An unreasonable situation would be if hot molten lava was pouring through our front door, but by then we figure you wouldn’t be at your desk either!

4.3         However if the system goes down and is your fault then we may charge you for it. You shouldn’t be touching our stuff.

4.4         If lava does pour through the front door or in another situation where our services go down, Force Majeure (clause 14) would operate in this case we’ll take all reasonable measures to get it back up again as soon as reasonably possible, though we won’t take any liability for any consequential loss, our liability being limited to the value of your service provided.

4.5         We’ll keep an eye on your usage of the system for the purpose of ensuring that you’re using the system in accordance with our STC’s.

4.6         We’ll invoice you monthly and send those invoices by e-mail. If there’s a problem with the invoice, you need to let us know before due date.

4.7         Sorry, but we’ll also invoice you for additional broadband usage over and above your broadband plan.  Any unused broadband usage also won’t be carried through to the next billable month.

4.8         We’ll deliver those e-mails of yours where this is reasonably possible, as opposed to unreasonably possible like that lava event, Tsunami’s, a lack of electricity; you know, that kind of thing.

4.9         Let you know if there are any changes to pricing and stuff

4.10       We’ll keep all your details confidential with us.

5. The big stick stuff

5.1         We reserve the right to terminate any, or all services that you’ve subscribed to if you are a bad boy/girl and violate any of our STC’s (which you’ve agreed to by taking on our services). Primo will define the violation whether intentional or unintentional. We’ll come and get our stuff too and depending on the severity might even charge you for the equipment recovery and any other charges incurred.

6. Stuff (that’s Primo’s equipment) on your property

6.1         We refer to “Stuff” in these STC’s. “Stuff” means all Primo’s equipment whether installed on your house, outhouse or where ever and includes our Access Point sites.

6.2         We’ll need to fix some stuff onto your house (which you confirm you have the authority to allow us to do this) in order for you to get broadband which you fully agree to happen ‘cause you want really fast broadband. We aren’t obliged to run cabling within the wall cavities when we’re installing our “stuff”. This might well be extra and you’ll have to pay this to us or the contractor who’s installing the cabling.

6.3         That “stuff” remains the property of Primo and the rental of the property is covered in the installation fee or the monthly rental fee whichever option you’ve elected to use.

6.4         You agree to leave the Primo stuff alone

7. Access Point Site Owners (APSO)

7.1         As an APSO, you confirm that you have the necessary authority to authorise Primo to install a Primo’s Access Point site on your property whether owned or leased.

7.2         You agree to unreservedly allow us 24/7 access to our equipment.

7.3         You acknowledge that Primo’s Access Point equipment remains the property of Primo.

7.4         As part of the beneficial deal struck between Primo and you, you agree to supply power and security to the site and won’t touch it as it could stuff up the network!

7.5         If you don’t want the AP site on your property (why wouldn’t you?), then unless agreed otherwise you need to give us a minimum of 90 days notice of termination. And we’ll do the same for you if we decide to shift the AP site.

8. Intellectual Property (IP)

8.1         Primo owns all the IP related to our equipment and/or service.

9. VOIP specific (if applicable)

9.1         In the event that the Primo service fails to operate and the customer diverts traffic to another carrier, Primo will not be responsible for that carrier's charges.

9.2         Neither party shall be liable to the other in contract, tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever provided however nothing shall exclude or limit liability for death or personal injury caused by negligence.

9.3         You hereby represent and warrant that you are not reliant on Primo to provide 111 or any other emergency services.

9.4         Any credit on your account not used within 365 days from the date of your credit being paid to your account shall expire and is not refundable.

9.5         A minimum initial payment will be discussed on connection

9.6         A Fixed term and early termination charges will be discussed on connection.

10. Satellite (if applicable)

10.1       You agree that Primo is not liable for any loss of any nature caused by satellite failure.

11. Insurance

11.1       You’re liable for any loss (fire, theft or damage) of the Primo equipment during the term of the contract and whilst it is in your possession. It’s your responsibility to have insurance cover against potential liability under this clause if you elect to do so.

12. Liability

12.1 You agree that all liability and responsibility of Primo to you or any other person referred to in these terms and conditions and the Services including your use or inability to use, the services, is excluded regardless of whether such liability arises in contract, tort, equity, and breach of statutory duty or otherwise. The excluded liability includes direct or indirect loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

13. Indemnity

13.1 You agree to release, indemnify and keep indemnified Primo from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Primo to any person arising out of or in connection with Primo's failure to comply with these terms and conditions.

14. Force Majeure

14.1       Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing their obligations if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any necessary licence), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

15. Romalpa Clause

15.1       Title to the stuff shall remain with Primo and shall not pass to you until the full price has been paid to and received by Primo. Until title passes Primo will have the authority through its agents and employees to retake, sell and otherwise dispose or reuse any part of the stuff by entering your or the property where the stuff is installed or reasonably believed to be so installed for the purposes of removal of the stuff.