The following Terms and Conditions are applicable to all residential services except wireless service.
For Terms and Conditions applicable to wireless service, click here.
For Terms and Conditions applicable to business services, click here
GENERAL TERMS AND CONDITIONS ("Agreement")
PRIMUS TELECOMMUNICATIONS CANADA INC. ("PRIMUS")
THERE ARE IMPORTANT 9-1-1 TERMS RELATED TO TALKBROADBAND™ SERVICE, PLEASE REVIEW ENTIRE AGREEMENT. BY ACTIVATING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS.
1.a. In this Agreement:
(i) "Service(s)" means any, some or all of: (A) residential service; (B) long distance service; (C) home phone service; (D) voice service; (E) internet access; (F) Paging; (G) calling cards; (H) Talkbroadband; and any Primus facility and equipment associated with the Services.
(ii) "You" and "Your" includes an applicant, customer, individual, corporation or other type of legal entity which has subscribed for Services.
(iii) “Primus” means Primus Telecommunications (Canada) Inc. or any of its subsidiaries or affiliates.
1.b. Services offered by Primus are subject to the terms and conditions contained herein and additional terms and conditions related to a particular Service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular Service constitute the entire Agreement between You and Primus and does not include any other written or oral representations or agreements.
1.e. Language. You confirm that You accept this Agreement, as well as all other related documents, including invoices and notices, in English only, unless You specifically request French correspondence. Les Présentes Conditions Générales sont disponibles en français sur demande.
2. USE OF SERVICES
2.b. You acknowledge that You are authorized to subscribe for the Services and agree that You will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service.
2.c. The Services (including rate plans) and any equipment are provided to You as a residential user, for Your conventional personal, residential, non-business and non-professional use only and may not be used in any other way or for any other purpose. You agree that Your use of the Services for commercial or any other non-residential purposes will obligate You to pay higher rates for those types of use. Primus reserves the right to immediately suspend, terminate or modify the Service if Primus determines in its sole discretion, that Your service is being misused, including, without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use
3. RESPONSIBILITY FOR CHARGES
3.a. You are responsible for all charges for Services subscribed to by You, including system access fee(s), monthly service charges, any restoral fees, airtime, data transfer fees, long distance fees and any other charges incurred in using Your Services, regardless of who used the Services.
3.b. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, TTY, Message Manager, Extra Business Listings, Telephone Rental Sets, Circuits, Prestige Numbers, ISDN lines, etc. will result in additional monthly charges from Primus.
3.c. You agree to treat Primus telephone cards and all other access codes and passwords, where applicable, as confidential and non transferable. Primus reserves the right to deactivate Primus telephone card codes without notice if, in Primus's sole discretion, fraudulent use is suspected. In the event that a Primus telephone card is lost, stolen or used in an unauthorized manner, You will be responsible for notifying Primus by calling 1 800 806 3273. You acknowledge and agree that You shall be responsible for all costs incurred until such notification to Primus.
3.d. Unless there has been deception with regard to a charge, You are not responsible for paying a previously unbilled or underbilled charge except where: (i) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one (1) year from the date it was incurred; (ii) in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of one (1) year from the date it was incurred.
3.e. In the circumstances described in this section, unless there has been deception, Primus will not charge You interest on the amount of the correction.
3.f. If You are credited with any amount that should not have been billed or that was overbilled, interest must also be credited on that amount at the rate payable for interest on deposits that applied during the period in question.
4. SPECIAL TERMS AND CONDITIONS RELATED TO SERVICES
4.a. Bundled Services. Minimum contract terms may apply for subscriptions to Bundled Services. If you cancel one or more of the Services in a Bundles Services plan, Primus will increase the rates for Your remaining Services or charge you a fee and you are responsible for any cancellation fees.
4.b. Local Services
(i) Bundled Services. You acknowledge and agree that Primus's Local Services and Long Distance Services are sold as a bundled package, and that if You subscribe for Primus's Local Services, You cannot subscribe to another carrier for long distance service for Your Primus local lines. In the event You subscribe to another carrier for long distance services, You acknowledge that Primus, at its sole discretion, will either increase Your Local Services rates, charge You an additional monthly fee or cancel Your Local Service and You agree You will be responsible to pay cancellation fees.
(ii) Transfer of Long Distance Telephone Service. Primus does not have the ability to transfer Your long distance services from Primus's long distance telephone service network to an alternate long distance provider. You agree that in the event that Your Local Line Services are terminated, You are solely responsible for contacting an alternate long distance service provider to convert Your long distance service from Primus's long distance telephone service network to an alternate long distance service provider.
4.c. Long Distance
(i) “Unlimited” type rate plans are based on Your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use.
(ii) You agree that Primus may monitor Your account for misuse and if Primus determines, in its sole discretion that Your use is not for conventional residential purposes, Primus may terminate Your use of the plan or switch You automatically to another plan.
4.d. Digital Subscriber Line Service
(i) Service Availability. You may only subscribe for DSL Service if available in Your geographical area. Primus reserves the right to deem DSL Service unavailable to You at any time. If such an event occurs, Primus will not charge You applicable fees, provided however, that You must return all DSL Service Equipment provided to You by Primus in its original good and proper physical and functional condition and within the specified time in this Agreement.
(ii) DSL Service Provided on a Best Efforts Basis. Primus does not guarantee the speed of any DSL Service provided by Primus. Speed of DSL Service is dependent on various factors, including the distance of the customer from Primus’ network equipment or the distance of the customer from the facilities of the wholesale provider Primus uses to provide Service. DSL Service speed is also affected by traffic management practices that are applied to the Service. To learn more about traffic management practices applied to Primus’ DSL Service, please refer to http://www.primustel.ca/en/residential/internet/internetServices-performanceManagement.htm
4.e. TalkBroadband Service
(i) Term and Termination. TalkBroadband Service is offered on a month-to-month basis, for a term which begins on the date that PRIMUS activates Your Service. You may cancel Your Services at any time by contacting Primus. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.
(ii) Unlimited Long Distance. Offer excludes calls to area code 867 in Northwest & Yukon Territories, and calls to Alaska & Hawaii. Does not apply to transferred or forwarded (including calls made via Remote Phone feature) long distance calls.
(iii) Service Limitations: You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by PRIMUS as set out in these Terms and Conditions.
(iv) 9-1-1 LIMITATIONS: 9-1-1 service associated with Talkbroadband HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW:
THE type of 9-1-1 service available to You depends on where and how You use Your phone. There are two types of 9-1-1- service:
1. E9-1-1 Service
You will have E9-1-1 service if your Talkbroadband telephone number corresponds to your address and municipality where you permanently use your TalkBroadband Service and E9-1-1 is available in your serving area. If You dial 9-1-1, Your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to Your address and the emergency operator will have Your telephone and address information. You may be required to verify Your name, telephone number and address with the emergency operator.
2. Basic 9-1-1 Service
Basic 9-1-1 Service is provided in the following two situations.
You will have Basic 9-1-1 Service if your TalkBroadband telephone number does not correspond to your address and municipality where you permanently use your TalkBroadband service or if you live in a serving area in which E9-1-1 from Primus is not available. If You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator.
You will have Basic 9-1-1 Service if You intend on using Your TalkBroadband? Service from multiple locations. You have access to 9-1-1 service, but because You may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator.
(v) SERVICE OUTAGES. YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR TALKBROADBAND SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, TALKBROADBAND SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE TALKBROADBAND SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE TALKBROADBAND SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT TALKBROADBAND SERVICE, INCLUDING 9-1-1 SERVICE.
(vi) YOU AGREE TO IMMEDIATELY ADVISE PRIMUS CANADA IF You intend on changing the address from which You use Your TALKBROADBAND Service or take the equipment to another location. IF You change the address from which You use Your TALKBROADBAND Service or take the equipment to another location YOU MUST IMMEDIATELY UPDATE the address from which You use Your TALKBROADBAND service using Primus’ TALKBROADBAND Portal (http://primus.ca/index.php/ont_en/account-login) or IMMEDIATELY ADVISE PRIMUS CANADA. Primus does not support the use of this service outside of Canada. TO ENSURE YOU MAINTAIN 9-1-1 SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND SHOULD YOU FAIL TO DO SO, Your 9-1-1 service will not work properly and this will adversely affect Your ability to access 9-1-1 service
(vii) YOU ACKNOWLEDGE AND AGREE THAT PRIMUS ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PRIMUS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.
(viii) Operator Services Currently Not Available. Primus does not currently offer Operator Service.
5. TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES.
Telephone numbers and numbers or addresses for other Services (e.g. TalkBroadband, IP addresses, etc.) are a limited public resource. You do not own the number(s) assigned to You and Primus reserves the right to change the number(s) assigned to You. Primus will take all reasonable measures to prevent such an occurrence.
6. PRIMUS EQUIPMENT AND FACILITIES.
6.a. Primus Equipment. Where required, Primus will provide and may install Equipment, required to provide You with Services, including cables and products.
6.b. Ownership and Interest. You agree that the Equipment, including dial numbers and/or IP addresses assigned to You by Primus, shall at all times remain the property of Primus, and that You have no right, title or interest therein and agree to keep the Equipment free and clear of any levies, liens and encumbrances.
6.c. Non-Primus Equipment. If You may choose to use equipment not provided by Primus, You accept that Primus will not provide support for such equipment and does not guarantee performance of equipment and Service.
6.d. Receiving Equipment. Equipment shall be deemed to have been delivered in good working condition unless You give notice to Primus to the contrary within 5 days of receiving the Equipment.
6.e. Prohibited Changes. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, and in the case of TalkBroadband Equipment, to not change electronic serial number or equipment identifier of the Equipment, or to perform a reset of the Equipment, except by prior written agreement with Primus. Terminal equipment provided by You may be connected with Primus's facilities only by prior special written agreement with Primus. If You tamper with the Equipment, Primus reserves the right to terminate Your Service, in which case You will be responsible for all Charges for Your Service(s) and Equipment.
6.f. Fees for Prohibited Changes. You agree that if You make unauthorized changes to any Equipment provided to You by Primus which results in Service problems or downtime, Primus will charge You and You agree to pay Primus’ cost for any effort involved in the restoration or repair of Service to You.
6.g. Equipment Malfunction. If the Equipment malfunctions during its intended use, Primus, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that Primus's liability and Your sole remedy is limited to a refund of charges or replacement by Primus of such Equipment, provided that You notify Primus immediately upon Equipment malfunction. If it is determined that repair was not required or was required due to damage caused by You, You agree to pay Primus’ cost for such repair.
6.h. Safekeeping of Equipment. You agree that You are responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to Primus in good physical and functional condition.
6.i. Damaged Equipment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in Primus's sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in Primus's sole discretion, such the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by Primus.
6.j. Return of Equipment. Upon cancellation or termination of Services, You agree to return, at your own expense (alternatively a Shipping & Handling Fee will be billed to You by Primus), the Equipment to Primus in good working condition within thirty (30) days of cancellation/termination or within a time specified by Primus. You are responsible for continuing charges for the Equipment until its return. If You fail to return the Equipment within the required time, Primus may repossess the Equipment at Your expense, and/or may charge You for the replacement cost such Equipment.
7. PRIMUS RIGHT TO ENTER PREMISES.
Primus's agents and employees may, at reasonable hours and with Your permission (or the permission of another responsible person), enter premises on which Service is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving Customer-provided facilities. Permission is not required in cases of emergency or where entry is pursuant to a court order or other legal requirement.
8. SERVICE INTERRUPTION.
Primus may interrupt Your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the Equipment or facilities or for any required technical reasons.
9. CHANGES OR TERMINATION OF RATES AND PLANS.
Primus may at any time and without notice to You, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by Your continued subscription to the Services you will be deemed to have accepted the change and You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification.
10. PAYMENTS AND BILLING.
10.a. Charges will commence as at the date of activation or delivery of Services. If You have not activated Your Service(s), billing will commence automatically fifteen (15) days after the shipment date of Your Equipment. Fixed charges per Service are payable monthly in advance and other charges are payable when billed. Primus reserves the right to ask for pre-authorized payment for certain Services.
10.b. You are responsible for payment to Primus of charges for all Service(s) and Equipment furnished to You. Payment is due thirty (30) days after the date of the billing invoice.
10.c. You will be charged interest on outstanding past due amounts at the monthly compounded rate of 2% or such other rate as Primus may set from time to time. In addition, an Administrative Surcharge will apply to payments that are returned as Not Sufficient Funds ("NSF"), including cheques, credit card and pre-authorized debit payments.
10.d. In exceptional circumstances, for example, where You present an abnormal risk of loss to Primus, prior to the normal billing date Primus may require payment from You on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after Primus demands payment, whichever occurs later.
10.e. Primus may request immediate payment in extreme situations, provided Primus has notified You and the abnormal risk of loss has substantially increased since that notice was given or Primus, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud Primus.
10.f. You must bring invoice inquires or disputes to Primus’ attention within forty-five (45) days of the date of the invoice, or You will be deemed to have accepted the invoice.
10.g. You will not receive an invoice in any month where Your balance is less than $20.00. Any such balance will be added to the next month's billing. If Your balance remains less than $20 for two (2) consecutive months, an invoice will be mailed to You at the end of the third consecutive month. Refunds less of $10 or less will be credited against Your account. Primus will not issue refunds for amounts lower than $10.
10.h. If you choose to receive a paper invoice, you will be charged a small fee per invoice to cover the cost of the paper invoice. You will not be charged this fee if you choose to receive your invoice electronically (see Section 11 "E-Billing Services" below).
11. E-BILLING SERVICES
(Note: E-Billing Service is currently only available for certain products and services and some restrictions apply)
11.a. Once Your application for E-Billing Services has been accepted by Primus, You will receive invoices for Services via electronic mail ("E-Bills") every month. You understand and agree that You will no longer receive paper invoices via regular mail and You agree to ensure that You have the proper hardware, software and Internet services in order to receive the E-Billing Services.
11.b. You understand and acknowledge the only accepted methods of payment for E-Billing Services are one-time credit card payments, pre-authorized credit card payments, pre-authorized chequing account withdrawals, telephone banking and Internet banking.
11.c. Primus reserves the right to withdraw the E-Billing Services upon providing You with reasonable notice and to cancel a subscriber's E-Billing Service if You have used the E-Billing Service for purposes that are contrary to law or in a way that disrupts the E-Billing Service.
11.d. You agree that it is Your responsibility to provide Primus with all correct information in order to receive the E-Billing Services. If You change email addresses, it is Your responsibility to notify Primus immediately of such change. You are responsible for payment of invoices even where You have any difficulties accessing the E-Billing Service
11.e You agree that if the E-Bill e-mailed to You is returned to Primus as undeliverable, Your billing method for Your account will revert back to paper and regular mail invoicing commencing Your next invoice, unless You immediately notify Primus and provide Primus with the correct e-mail address.
11.f. In the event of a discrepancy between the E-Bill and Primus's billing records, You agree that Primus's billing records will be taken as correct.
11.g. You may cancel the E-billing Service, upon providing Primus with 30 days written notice, after which, Your invoices will be sent via regular mail.
12. CREDIT CHECK AND SECURITY DEPOSITS.
12.b. Primus will require security deposits from You at any time where, at the sole discretion of Primus, You have no credit history with Primus and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. Primus will release such security deposit at its' discretion and upon satisfactory payment history. Further security may be required if You subscribe for further Services and/or Service usage increases.
13. TERM AND TERMINATION.
13.a. Initial Term. The initial term of Services will begin the first day the Service is operational. If You subscribe for Service(s) for a specific term, Your Service(s) will automatically renew for the same successive term(s).
13.b. Cancellation by You. If You subscribe for Services on a monthly basis, You may cancel Your Service Schedule(s) at any time, provided You give Primus thirty (30) days prior written notice. Upon cancellation of Your Service Schedule(s), You will remain responsible and agree to pay for all charges which You owe Primus until the effective date of your cancellation and You have paid Your account in full to the satisfaction of Primus. IF YOU SUBSCRIBE FOR SERVICES FOR A SPECIFIC TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE PRIMUS THIRTY (30) DAYS PRIOR WRITTEN NOTICE AND PROVIDED THAT YOU PAY PRIMUS A CANCELLATION FEE AS SET BY PRIMUS FROM TIME TO TIME. If You subscribe for Services on a monthly basis and in the event You do not give Primus thirty (30) days prior written notice for service cancellation, You will be billed a Plan Termination Charge equivalent to one installment of the monthly recurring plan fee appearing on Your invoice as well as a Network Termination Charge equivalent to the monthly network charge appearing on Your invoice. Upon cancellation of Your Service, You will remain responsible and agree to pay for all charges which You owe Primus until You have paid Your account in full to the satisfaction of Primus. A cancellation fee may apply to all service cancellations.
13.c. Cancellation, Suspension or Termination by Primus. In addition to all other rights as set out in this Agreement, Primus may cancel, suspend or Terminate this Agreement and Your Services and will charge a suspension fee if You:
(i) fail to pay outstanding past due amounts for Your Services or Your payment is returned N.S.F. In such cases, Primus may not resume Your Services until full payment is made sufficient to cover the amounts outstanding;
(ii) fail to pay outstanding past due amounts for any other services provided by Primus to You;
(iii) fail to provide interim payment when requested by Primus;
(iv) become bankrupt or insolvent;
(v) fail to meet Primus’ credit requirements;
(vi) present an abnormal risk of loss (including, incurrent a significant amount of billable charges) as determined in Primus’ sole discretion;
(vii) violate any term in this Agreement;
(viii) use the Service(s) in a manner which is contrary to this Agreement and Primus’ AUP and/or law, including CRTC rulings, decisions or orders and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
(ix) subscribe for Internet Services, which do not include the use of Static IP Addresses (such as Dial-up Internet Access or DSL Internet Access with a modem),and use automated operations and / or server applications requiring connectivity
(x) are threatening, harassing, abusive or unreasonable to Primus, its employees and agents; or (xi) alter or interfere with Primus Equipment.
IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.
13.d. Your Responsibility Upon Termination. You remain responsible to pay all charges for Your Services up to the date of suspension, cancellation or termination by Primus. Primus reserves the right to charge You a reactivation fee if your Service is reactivated after suspension.
14. PRIMUS RIGHT TO REFUSE TO PROVIDE SERVICES.
Primus may, in its sole discretion, refuse to provide Services to You where (a) You owe past due amounts to Primus or have had a history of past due amounts owed to Primus; (b) You do not provide a security deposit or other requirements requested by Primus; (c) You pose a credit risk or an abnormal risk of loss; (d) Primus will incur unusual costs or expenses which You will not pay; or (e) Primus does not provide the requested Service(s) in Your area.
You agree to indemnify, defend and hold harmless Primus and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.
16. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
16.a. Primus does not guarantee uninterrupted Services operation. Primus and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, provide the services “as is” and make no express or implied warranties of any kind regarding the Services, facilities, network, Equipment or products in any way. To the extent applicable by law, Primus and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers make no warranty of merchantability or fitness for a particular purpose or use.
16.b. In particular and without limitation, Primus and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:
(i) disruption or interruption in Service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
(ii) any event beyond Primus’ control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision; or
(iii) damage to the Equipment or Your premises, which is not wholly caused by Primus’ gross negligence or willful misconduct.
16.c. Notwithstanding the foregoing, Primus and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers , shall in no event be liable to You or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract tort or other causes of action, arising out of the provision of Services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event Primus is found liable by a court of competent jurisdiction, liability will not exceed an amount equal to the price of Services purchased by You during the month preceding the event in question.
16.d. Any action or proceeding against Primus by You must be commenced no later than 1 year after the event giving rise to the action or proceeding.
17. PERSONAL INFORMATION.
17.b. Personal Information Updates. You agree that You will give Primus at least 15 days prior written notice of any changes to Your billing information, including but not limited to Your new address and contact information.
18. PRIMUS INTELLECTUAL PROPERTY.
Primus is the exclusive owner of all names, trade-marks, trade names, service marks and any copyright material relating to the Services and You cannot use these marks or copyrighted materials or any licenses.
19. DIRECTORY LISTINGS
19.a. If You subscribe to Primus residential Service, Your name, address and telephone number will be published in the telephone directory in for Your area unless You make appropriate arrangements to have Your telephone numbers removed from the directory and pay any charges for such service. Primus cannot guarantee that the directory service in Your area or any internet directory service will not obtain and publish Your telephone number and address from any other source other than Primus.
19.b. In the case of errors or omissions with directory listings or failure to remove a directory listing, Primus’ maximum liability will be a credit of charges for this service.
20.a. Notices and Communications. Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to Primus or You as applicable, at the address or facsimile number provided by You. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.
20.b. Assignment. You may not assign, resell or transfer this Agreement or Service(s) to a third party without the prior written consent of Primus. This Agreement will enure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees.
20.c. Independent Contractors. Primus provides Services to You as an independent contractor and this Agreement does not constitute or imply any partnership, joint venture, fiduciary relationship or other relationship between You and Primus.
20.d. No Waiver. The terms and provisions of this Agreement may only be waived in writing signed by Primus. No failure by Primus to insist upon Your performance of any obligation in this Agreement will constitute a waiver of the obligation.
20.e. Severability. If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.
20.f. Jurisdiction. This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.
To contact Primus: by telephone, call 1 800 806-3273, by e-mail at firstname.lastname@example.org or in writing to 5343 Dundas Street West, Suite 400, Toronto, Ontario, M9B 6K5