Fibre Business Broadband Service Terms & Conditions
DEFINITIONS AND APPLICATION
These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the Service by you. In addition to these Specific Terms and Conditions, any and all provisions of the M1 Net General Terms and Conditions published at www.m1.com.sg and other terms and conditions accepted by you in your application forms for the Service shall also apply to the Service, unless otherwise expressly stated in these Specific Terms and Conditions.
In these Specific Terms and Conditions:
"Agreement" means these Specific Terms and Conditions, the M1 Net General Terms and Conditions and any other terms and conditions accepted by you in your application forms for the Service;
"Charges" means any and all activation, installation, administrative, service call and subscription fees and any other fees and charges to be paid by you in respect of the Service and/or the Equipment, as published by us from time to time;
"Equipment" means the residential gateway and any equipment at Corporate Customer premises (CPE), including any and all hardware and software and parts thereof, used by you to access and use the Service;
"Service" means the M1 Fibre Business Broadband services and plans;
"Service Address" means the physical non-residential premises where the Service is to be provided;
"We", "us", "our" or "M1 Net" means M1 Net Ltd.; and
"You", "your", “Corporate Customer” or "Subscriber" means a corporate customer/subscriber of the Service, having an account authorised by M1 Net for access to and use of the Service ("Account").
"NetLink Trust" means “CityNet Infrastructure Management Pte Ltd (as Trustee-Manager of NetLink Trust)”
SERVICE
M1 Net Ltd’s (“M1 Net”) Fibre Access Service (the “Service”) is available to corporate customers (“Corporate Customers” or “you”) who have the following:
A valid Singapore Certificate of Incorporation (“COI”); or
A valid Business Registration Certificate (“BRC”).
The Service must be subscribed to by Corporate Customers under a valid Business Registration Number (“BRN”).
The Service is provided by M1 Net to you for use at the Service Address, and you may not resell the Service or use the Service at another Service Address, unless otherwise expressly agreed by M1 Net in writing.
You acknowledge and agree that you are the registered owner of the Service Address provided by you in the Service application form. If you are not the registered owner of the Service Address, by signing up for the Service, you are deemed to have sought and received all necessary authorizations and approvals from the registered owner for our provision of the Services to you at the Service Address, including without limitation for your subscription to the Service, any necessary installations to be performed at the Service Address and/or any charges which may be incurred. Upon request by us or any third party including without limitation NetLink Trust, you shall submit a letter of authorization signed by the registered owner as evidence of such approval.
The Service Address must be NGNBN fibre-connected. In addition, the Service Address must have been certified fibre-ready for the Services according to confirmation by the relevant Third Party Provider. This may require you to have installed certain Third Party Provider equipment at the Service Address, including but not limited to network termination points ("TP") and optical network terminal access equipment ("ONT"). By signing the application form, you undertake that the Service Address fulfils or shall fulfil the conditions above prior to the implementation of the Service. Under no circumstances whatsoever, howsoever arising shall M1 Net be liable or responsible for a failure, delay or default in the Service where the Service Address is not fibre-connected and/or not fibre-ready.
As the Service is dependent on the performance by Third Party Providers, and M1 Net may have entered into inter-operator contracts, dealings or arrangements with Third Party Providers, you agree that (i) any and all terms and conditions and/or any charges, fees or costs in relation to the Service may be subject to change at M1 Net's discretion (whether or not as a result of a change in inter-operator contracts, dealings or arrangements), such as security deposit(s), opening of access panel, metal trunking etc., and (ii) you shall indemnify M1 Net and other relevant entities against losses and damage arising out of your use of the Service, including any claim by Third Party Providers against M1 Net and other relevant entities caused by your acts or omissions.
Our provision of the Service is subject to the connection of the Service Address to our network. We may, at our sole discretion, reject your application for the Service, for any reason or no reason.
You will be charged, and you agree to pay, a recurring subscription fee for the Service at the respective published rates, which may be subject to change from time to time by us upon notice to you. The subscription fee will be billed monthly in advance, unless otherwise expressly agreed by us in writing.
In the event that you are not satisfied with the Service or this Agreement, you may and your sole and exclusive remedy is to, discontinue your use of the Service and terminate our provision of the Service by calling our Customer Service Hotline at 1622 or by faxing or writing to us, and giving us 30 days of prior notice. However, if (a) you terminate the Service within the first twelve (12) months from the date of commencement of the Service ("Initial Period") or (b) we terminate this Agreement or suspend the Service during the Initial Period due to your breach of this Agreement or other lawful ground owing to your default, acts or omissions, you must pay the subscription fees on a pro-rated basis for the remaining months of the Initial Period based on contractual rates. You may not temporarily suspend or temporarily disconnect the Service prior to expiry of the Initial Period.
We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall have the right to, at any time, amend any rules, rates, fees, Charges, and/or terms and conditions in respect of the Service, by publishing such amendments on this website. You agree that such publication will constitute notice of the amendments. Your continued use of the Service will constitute acceptance of the amendments.
You may not temporarily disconnect or suspend the Service during the contract Commitment Period as stated in your application form.
Under normal circumstances, M1 Net shall endeavour to ensure that the Service is activated within forty-five (45) working days (excluding Saturdays, Sundays and public holidays). However, subject to the location of the Service Address and/or the availability of resources, in some cases it may take up to three (3) months or longer for activation of the Service. M1 Net will advise you accordingly if this should be the case.
No downgrading of Service plans is allowed within the duration of the service commitment period. For avoidance of doubt, a ‘downgrade’ is defined as ‘changing to a Service plan with lower monthly subscription charges’. Any downgrading shall be treated as a termination of the Service contract and a termination fee of 100% of the monthly charges for the reminder months of the contract shall be chargeable to you in addition to one-time deactivation charge of $216 (GST inclusive).
There may be Service downtime if you choose to upgrade/downgrade your Service Plan.
A Termination fee equivalent to twelve (12) months of applicable subscription charges shall be payable by you in the event of any cancellation of the Service prior to Activation. If you have received any complimentary premium(s), you shall also be liable to pay the cost of such complimentary premium(s), at full retail price*.
A Termination fee of 100% of applicable subscription charges shall be payable by you for any premature termination of the Service, for the remainder of the unused duration of the Service contract. If you have received any complimentary premium(s), you shall also be liable to pay the cost of such complimentary premium(s), at full retail price.
You are required to provide no less than one (1) month’s advance notice in writing for any cancellation or premature termination of this Service, otherwise, an administrative charge (which shall not exceed the value of one month’s subscription charges) may be imposed in addition to the charges stated in Clauses 2.18 (as may be applicable).
Other charges as stipulated by M1 Net Ltd may be applicable, including but not limited to the following:
Re-Application due to Provision of Wrong Installation Address: $500
Deactivation Charge upon Pre-Mature Termination: $200
Relocation Charge: $800
Loss/Damage of IAD/ONT: $400
On-site Engineering Service (Office Hour: 9am-6pm): $150 per hour
On-site Engineering Service (After Office Hour: after 6pm): $300 per hour
Off-site Engineering Service (Office Hour: 9am-6pm): $100 per hour
Off-site Engineering Service (After Office Hour: after 6pm): $200 per hour
All charges stated are exclusive of applicable GST, unless otherwise stated.
Any requests for relocation of the Service will be treated on a “cease-and-provide” basis and you shall be liable to pay to M1 a minimum of 6 months Service Subscription. Accordingly, a new Service Contract at the same or higher monthly subscription shall be applicable.
A minimum of 24 months’ service commitment period for the provision of the Service at the new location shall be applicable upon relocation.
You are required to provide no less than two (2) months’ advance notice in writing for any request for relocation of the Service.
M1 Limited is the authorised billing and collecting agent for services subscribed under the M1 Group (comprising M1 Limited, M1 Net and M1 Connect Pte Ltd). You and M1 Net hereby authorise M1 Limited to invoice and collect any due charges from you on behalf of M1 Net.
THIRD PARTY SITES
At our discretion and upon such eligibility criteria or terms as we may determine from time to time, you may be provided with access to third party services through links, websites or applications/apps which are owned, operated or maintained by parties other than us (“Third Party Sites”). M1 does not recommend, endorse or provide any guarantees to Third Party Services.
Third Party Sites may make available to you their content, services and/or products and may have their own terms of use and data protection policies. Your use of such content and/or products will be governed by such terms. Please review closely any applicable terms of use and data protection policies of Third Party Sites, and discontinue your use of the Third Party Sites if you do not agree with the applicable terms.
M1 has no control over Third Party Sites and will not be liable to you in any way for any content, services and/or products (including any non-delivery, non-performance or defects in relation to any content, services and/or products) which you may acquire through Third Party Sites. All content, services and/or products which you acquire through Third Party Sites are the sole responsibility of the owners/operators/suppliers of the Third Party Sites.
M1 may, at our discretion at any time, remove or refuse your access to Third Party Sites and in doing so, remove or refuse your access to content, services and/or products accessible via such Third Party Sites without any liability to you.
To the fullest extent permissible under applicable laws, M1 expressly disclaims warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and service availability in relation to the Third Party Sites (including any content, services and/or product). To the extent M1 provides you with assistance in connection with any of the above, such assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1's part.
EQUIPMENT AND COMPUTER
Access and use of the Service may require the use of the Equipment (including CPE, as defined hereinabove). You must procure the Equipment at your own expense, and ensure that the Equipment satisfies all applicable regulatory requirements and system requirements.
Each Equipment will be assigned a serial number, and you shall promptly notify us of any replacement of the Equipment in order to minimise Service disruption and to facilitate the necessary update of the serial number by us. You will be charged a standard administrative fee by us for your request to update the serial number.
You acknowledge and agree that we are not the manufacturer of the Equipment and that we shall not be responsible for any Equipment defects or any loss or damage arising out of such defects, even if we supplied the Equipment.
For the avoidance of doubt, minimum system requirements may apply for the proper functioning of Equipment and such requirements may vary. M1 shall not be responsible for any issues related to Equipment where the Equipment is not provided by M1. You are advised to check with the Equipment vendor and/or manufacturer to ensure applicability of Equipment with the minimum system requirements. You acknowledge and agree that you, and not us, are responsible for ensuring that the computer system and any and all peripherals thereto as utilised by you to access and use the Service meet the minimum system requirements for the Service as may be published by us from time to time. We shall not be responsible for any degradation or disruption of Service or any loss or damage arising out of any failure to meet such system requirements or any change in your system configuration.
In the event that you request us to perform any work in respect of the Service and Equipment at the Service Address (including without limitation, any installation, service call, collection, inspection, maintenance, connection, disconnection and/or repair) and you are not the owner of the Service Address, you represent and warrant that you have obtained the consent of the owner of the Service Address for our personnel, agents or subcontractors to enter the Service Address to perform such works.
RESTRICTIONS
You shall use the Service for lawful purposes only, and in accordance with this Agreement and all applicable rules
You shall not use the Service to download, upload, post, provide hyperlinks to, distribute or otherwise transmit (or facilitate the transmission of) any material, message or content, or in any way or manner whatsoever, that (a) infringes any rights of other persons (including without limitation, copyright and any other intellectual property rights or proprietary rights); (b) infringes any of the rights (including without limitation intellectual property rights) of M1 Net, M1 Limited, our related corporations, affiliates, suppliers, content providers, advertisers and licensors in respect of or as contained in the Service; and/or (c) is unlawful, abusive, harassing, libelous, invasive of privacy or publicity rights, obscene or indecent, or is otherwise offensive, or incites unlawful or criminal conduct. You hereby acknowledge and agree that you shall be fully and solely responsible for, and shall bear all the risks for, any material, message or content transmitted through your Account.
You shall be fully and solely responsible for all use of the Account, including but not limited to bearing any and all payment obligations and Charges arising from the Account, whether by you or any other person under any login name and/or password. You shall ensure that all use of the Account and Service, whether by you or any other person, fully complies with this Agreement, all rules that we may issue from time to time, and all applicable laws. You shall be responsible for protecting the confidentiality of your passwords for the Account.
You shall not use the Service to distribute or otherwise transmit any commercial advertisement or any bulk e-mail, unless otherwise expressly agreed by M1 Net in writing prior to such distribution or transmission.
Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for personal use at and within the Service Address only; (b) you shall not resell the Service to other persons whether for profit or otherwise and you shall not charge other persons for use of the Service; and (c) you shall not use the Service to operate as an Internet service provider or to operate any server services (in relation to Subscribers to Home Broadband service delivered via fibre technology, this includes without limit HTTP/web, SMTP/mail and FTP/file transfer services).
You shall not use the Service to transmit any material, content, virus, or any other adverse programming routine that may interrupt, disrupt, congest, adversely impact or harm our network, the Service, or the systems or networks of other persons.
You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission via the Service and the Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement, including any part of Clause 4 herein, and that you shall abide by such right, discretion and determination.
You acknowledge and agree that, in the event that we suspect that your Account is used for illegal or improper activities, we may inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you.
You acknowledge and agree that we shall have the right and sole discretion to block, filter, remove, limit, delete or modify any material or content transmitted by you or others through the Account and Service in the event that such material or content violates any part of Clause 4 herein.
You acknowledge and agree that we shall have the right and sole discretion (but not the obligation) to monitor the bandwidth utilised by your Account and to limit any excessive bandwidth utilisation under your Account.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
For the avoidance of doubt, the exclusion and limitation of liability under Clause 12 of the M1 Net General Terms and Conditions and failing that, Clauses 10.1 and 10.2 of the M1 Limited General Terms and Conditions shall apply in respect of the Service.
You acknowledge and agree that the Service provides access to and transmission of Internet contents that we have no obligation or ability to review, monitor or control, and that we shall not be liable for any Internet contents accessed via the Service or for any contents disseminated to the Internet via your Account, whether from you or from other persons.
Neither M1 Net, M1 Limited nor any of their corporate parents, affiliates, subsidiaries, nor any employees, officers or directors of the foregoing warrant that (a) the Service will be accessible, reliable or available, or be without disruption, interruption or errors; (b) the Service will guarantee or provide any data transfer speed, whether for uploads or downloads of data; (c) the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users. You hereby acknowledge and agree that the use of the Service is at your sole risk, and that the actual data transfer speed in respect of the Service is dependent on factors beyond our control, including without limitation the configuration and specifications of your computer system, peripherals and the Equipment, types of data transferred, location and performance of other computer systems involved in the transfer, overall network condition and numbers of users accessing our network and their compliance with our rules in respect thereof.
The Service, and the Equipment and any work performed in respect of the Service (if applicable), are provided on an "as is" and "as available" basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
Neither M1 Net nor any of its corporate parents, affiliates, subsidiaries nor any employees, officers or directors of the foregoing shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service, the Account and/or the Equipment, howsoever caused.
Notwithstanding the incorporation of the M1 Limited General Terms and Conditions mutatis mutandis where applicable, under no circumstances shall M1 Limited be liable to you.
SUSPENSION AND TERMINATION
In addition to the grounds for suspension and termination as set forth in any General Terms and Conditions, we may also terminate this Agreement and/or suspend the Services or your Account:
as we may promulgate from time to time;
if the Service Address becomes disconnected from our network for any reason; or
as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal or loss of any applicable licence, requirements of any governmental or regulatory authority or issuance of court order), fire, civil disturbance, strike or weather or failures by suppliers or other third parties such that we are unable to provide the Service or the connection to our network. In such event, we may terminate all or any part of this Agreement with immediate effect without compensation to you and without prejudice to our rights to damages for your antecedent breach of this Agreement, if any.
INDEMNIFICATION
You hereby agree to fully indemnify, defend and hold harmless M1 Net and all of its corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of your Account whether by you or other persons, and/or arising out of any third party's republication of contents and materials transmitted from your Account.
Notwithstanding the generality of the foregoing, you further agree to indemnify M1 Net and all of its corporate parents, affiliates, subsidiaries and all employees, officers and directors of the foregoing from and against any and all claims from any third party (including NetLink Trust and Nucleus Connect Pte Ltd) in respect of or arising from your or any other person’s acts or omissions in relation to any hardware, software or services provided for the access and use of the Service.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Singapore. M1 Net and you hereby submit to the exclusive jurisdiction of the Singapore courts or binding and final arbitration in Singapore, for any disputes arising in connection with the Agreement, in accordance with M1 Net General Terms and Conditions.