1. Acceptance of these terms

These Terms of Service govern your use of the Prime ICT website and, unless a separate written agreement states otherwise, your purchase or use of services supplied by Prime ICT.

By using the website, accepting a quote, placing an order, requesting work to begin or using a service, you agree to these terms. If a signed contract, service schedule, order form, carrier agreement, licence agreement or statement of work conflicts with these terms, the more specific document applies to the extent of the inconsistency.

2. Services

Prime ICT provides technology and telecommunications products and services, which may include business internet, mobile, voice and PABX solutions, cloud and collaboration services, managed IT, web development, social media services, printing, cabling, CCTV, installation, configuration, support and consulting.

The exact scope, inclusions, exclusions, service levels, delivery dates and dependencies will be set out in the relevant quote, proposal, order, service schedule or contract.

3. Quotes, proposals and orders

• A quote or proposal is valid for the period stated in it and may be withdrawn or changed before acceptance.
• Prices may depend on site conditions, carrier availability, licensing, exchange rates, third-party pricing, customer information and the final agreed scope.
• An order is accepted when we confirm it in writing, begin work at your request, provision a service or receive a required deposit.
• Changes to the agreed scope may require a revised quote, variation fee, additional time or a new delivery schedule.
• You must ensure that information provided to us is accurate and complete.

4. Fees, invoices and payment

You must pay the fees, charges, taxes and third-party costs set out in the applicable quote, invoice or agreement.

• Invoices are due by the date stated on the invoice.
• Recurring services may be billed in advance or arrears as specified in the service documentation.
• Usage, excess data, carrier charges, call charges, licences, subscriptions, hardware, travel and out-of-scope work may be charged separately.
• If an amount is overdue, we may charge reasonable recovery costs and, where permitted by the applicable agreement and law, suspend affected services after appropriate notice.
• You must notify us promptly of a genuine invoice dispute and pay any undisputed amount by the due date.

5. Customer responsibilities

You must:

• provide timely access to relevant premises, systems, personnel, credentials, documentation and facilities;
• obtain necessary approvals, permissions, licences and consents;
• maintain appropriate backups and business continuity arrangements unless expressly included in our scope;
• use services, networks, devices, software and accounts lawfully and securely;
• protect passwords, administrator credentials and access methods;
• follow reasonable implementation, security and support instructions; and
• promptly report faults, incidents, unauthorised access and relevant environment changes.

6. Third-party services, carriers and vendors

Some solutions depend on telecommunications carriers, cloud platforms, software publishers, hardware manufacturers, payment providers, domain registrars or other suppliers.

Their services may be subject to separate licences, acceptable-use policies, service levels, privacy terms, minimum commitments, cancellation charges and other conditions. You agree to comply with third-party terms that are disclosed or reasonably necessary for the service.

We may assist with third-party services, but we do not control their networks, platforms, pricing, security, availability, product changes or decisions.

7. Service availability, maintenance and outages

We aim to deliver services professionally and within agreed timeframes. Activation dates and performance may depend on carriers, suppliers, site readiness, approvals, infrastructure, stock, internet connectivity and matters outside our direct control.

Services may be interrupted for maintenance, upgrades, emergencies, security responses or third-party outages. Where reasonably practicable, we will provide notice of planned work likely to cause a material interruption.

Any specific uptime commitment, response target, service credit or remedy applies only when expressly stated in a written service level agreement.

8. Equipment, software and acceptable use

Ownership of purchased equipment passes only when all related amounts have been paid, unless the applicable agreement states otherwise. Software and cloud products are licensed, not sold, and remain subject to publisher terms.

You must not use our website or services to break the law, infringe rights, distribute malware, send unlawful spam, operate scams, gain unauthorised access, disrupt systems or publish unlawful, deceptive, abusive or infringing material.

We may investigate suspected misuse and take reasonable protective action, including restricting or suspending affected access where needed to protect customers, systems, networks or legal compliance.

9. Intellectual property, confidentiality and privacy

Prime ICT and its licensors retain ownership of pre-existing materials, methodologies, templates, software, tools, know-how, branding and website content.

Unless a project agreement states otherwise, once all applicable fees are paid, you receive a non-exclusive licence to use deliverables created specifically for you for their intended business purpose. Third-party materials remain subject to their own licence terms.

Each party must take reasonable steps to protect confidential information received from the other and use it only for the relevant service, legal compliance or another authorised purpose.

Our handling of personal information is described in the Prime ICT Privacy Policy.

10. Australian Consumer Law and non-excludable rights

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded or limited, including rights that may apply under the Australian Consumer Law.

Where a service is covered by a non-excludable guarantee, you may be entitled to a remedy if the service is not supplied with due care and skill, is not fit for an agreed purpose, or is not supplied within a reasonable time where no time was agreed.

11. Liability and events outside control

To the maximum extent permitted by law and subject to non-excludable rights:

• neither party is liable for indirect, special or consequential loss, or loss of profit, revenue, opportunity, goodwill or anticipated savings, except where such exclusion is not permitted;
• you are responsible for appropriate backups, security controls, insurance and business continuity unless we expressly agree to provide them;
• we are not liable for delays or failures caused by inaccurate customer information, unauthorised changes, unsupported systems, third-party networks or services, or events outside our reasonable control; and
• any agreed liability cap or service credit in a signed contract or service schedule applies to the extent permitted by law.

Neither party is responsible for delay or failure caused by events outside reasonable control, including natural disaster, fire, flood, pandemic restriction, war, industrial action, utility failure, carrier outage, third-party cyberattack, government action or supply-chain disruption.

12. Suspension, cancellation and termination

Cancellation rights, minimum terms, notice periods, early termination charges and equipment return requirements are set out in the applicable quote, order, carrier agreement or service contract.

We may suspend or terminate a service where permitted by the relevant agreement, including for serious misuse, security risk, non-payment, insolvency, legal requirements or a material breach that is not remedied within a reasonable period after notice.

On termination, accrued payment obligations remain payable. You must return our equipment, stop using terminated licences and reasonably cooperate with any agreed transition or data-export process.

13. Website information, disputes, governing law and contact

Website information is general and may change without notice. Product features, availability, coverage, pricing and specifications should be confirmed in a formal quote or agreement before reliance.

Please contact us promptly with concerns. The parties should first try to resolve disputes through good-faith discussion. These terms are governed by the laws of Victoria, Australia, subject to any mandatory jurisdictional rights.

We may update these website terms from time to time. Changes apply from the stated effective date, subject to existing contractual and legal rights.