Incorporation by Reference
The Customer acknowledges and agrees that he is bound by these Specific Terms and Conditions read with M1 Net Ltd's General Terms and Conditions. our acceptable use policies from time to time for the regulation of the use of the Services, and other applicable terms and conditions as may be agreed between us (if any), as from time to time amended, modified or varied by M1 Net Ltd. If there is any conflict or inconsistency between these terms and conditions herein, such conflict or inconsistency shall in the absence of any express agreement to the contrary, be resolved in a manner most favourable to M1 Net Ltd, to the fullest extent permissible under applicable laws.
Eligibility for Service
The Customer shall ensure the satisfaction of the eligibility criteria set out herein, including any amendments which M1 Net Ltd may make from time to time. M1 Net Ltd reserves the right at its sole discretion to refuse to provide and/or suspend and or terminate the Service, in whole or in part, in the event that the eligibility criteria is not met, or ceases to be met, as the case may be.
The Service is available to customers who have either of the following:
A valid Singapore Certificate of Incorporation ("COI"); or
A valid Business Registration Certificate ("BRC").
The Service must be subscribed to by Customers under a valid Business Registration Number ("BRN").
The Customer must not have any outstanding accounts with M1 Net and/or any entity forming the M1 Group of Companies that are in arrears, due and owing to M1 Net and/or any entity forming the M1 Group of Companies at all times, subject to applicable laws and regulations.
M1 Net reserves the right to, at its discretion, decline acceptance of the Customer's application for any reason or no reason.
M1 Hosted Unified Communications (UC) Service (“Service”) is the business communications solution that consists of Hosted IP Centrex, Rich IP communication via an instant messaging application and web conferencing. The service shall be provided to the Customer until termination of the Service in accordance with the terms of this Agreement.
Any request for changes to the Service by the Customer may be accepted by M1 Net Ltd at M1 Net Ltd's discretion and, if accepted, shall be chargeable at M1 Net Ltd's prevailing rates.
The Customer acknowledges and agrees that the Service is provided subject to factors including without limitation, availability of network infrastructure, technical capacity and Service provisioning time required by M1 Net Ltd to provide the Service. In addition, M1 Net Ltd may change or otherwise modify the Service or any aspect or feature of the Service in accordance with technological developments and market demands from time to time at M1 Net Ltd's discretion and without any notice to the Customer.
The Customer acknowledges that the technical implementation that M1 Net Ltd uses to deliver the Service is at M1 Net Ltd's discretion.
The Customer acknowledges that it must procure and maintain at its own expense any equipment, software or connectivity services required to access and use the Service.
Customer shall assign one of the subscribed UC lines as administrator for management of the UC lines including but not limited to UC line assignment, enterprise address book management and password management. Admin Portal (UPortal) access will be provided to Customer’s assigned administrator.
The Service requires at least a 3G (minimum 192kbps) or Wi-Fi connection (minimum 512kbps) with Internet connectivity for full functionality. Customer must ensure that data connectivity is made available to soft clients (Windows PC or mobile client) in order to use the Service. Mobile data charges shall apply when the Service’s mobile client is in use.
Each UC line will be provided with an M1 Net Ltd level 6 number. Customer may choose instead to port-in their existing fixed line number however, number port-in charges will be applicable.
There will be minimum 12 month service commitment requirement for each UC line. Early termination charges will be applicable in the event of any premature termination during the commitment period. There will strictly be no proration of monthly subscription fees.
Password Reset via SMS is only available for M1 Net Ltd post-paid mobile users. For non-M1 Net Ltd mobile post-paid users, password reset can only be performed by the Customer’s assigned administrator via Admin UPortal.
Prevailing M1 Net Ltd fixed line charges and M1 Net Ltd IDD charges shall apply. All charges are subject to prevailing GST.
Customer acknowledges and agrees that it is the Customer’s responsibility to back-up all data and ensure that all users back-up all data, whilst using the service.
The Service is provided by M1 Net Ltd on an as-is and as-available basis. M1 Net Ltd expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. M1 Net Ltd does not warrant that the Service will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected.
The M1 Hosted UC client requires mobile device running Android 4.0 or higher, iOS version 6.0 or higher. And it requires Windows PC running Windows XP, Windows 7 or Windows 8. The successful delivery of messages, images and call connectivity relies on factors including reliable Internet connectivity for both the sender and recipient mobile or PC devices.
The Customer is responsible for the use of the Service under his account (whether by himself or other users) and shall use the Service for lawful purposes only in accordance with this Agreement and any other applicable laws and regulations.
The Customer is responsible for the security of his account information, including without limitation passwords and/or encryption keys in relation to the Service.
The Customer understands and agrees that M1 Net Ltd does not store any Customer's account passwords or encryption keys in its networks or servers, and accordingly M1 Net Ltd shall not be liable to recover any data due to misplaced or lost account passwords and/or encryption keys.
The Customer acknowledges that all Service provisioning will be performed during normal business hours: Monday to Friday from 8.30am to 6.00pm, unless otherwise agreed in writing between M1 Net Ltd and Customer.
Upon termination of the Service by the Customer or M1 Net Ltd, Customer shall be deemed to have fully backed up all its data. Notwithstanding the foregoing, M1 Net Ltd shall not be responsible for any loss of data under any circumstance whatsoever and howsoever arising.
Limitation of Liability and Disclaimer of Warranty
The Services are provided on an "as is" and "as available" basis and the Customer accepts that he accesses or uses them at his own risk. M1 Net Ltd shall not have any liability whatsoever in respect of any loss or corruption of data suffered arising from the use of the Service, howsoever caused. Without prejudice to the foregoing, M1 Net Ltd shall not be liable for any damages suffered or incurred by the Customer which may arise (whether in contract, tort, including negligence under statute or otherwise) by reason of or in connection with the provision of the Service.
In the event of Service outage, disruption or deterioration due to any lapse on the part of M1 Net Ltd, M1 Net Ltd shall use its best efforts to resolve the situation as soon as practicable. If M1 Net Ltd is unable to fully restore the Service within seven (7) business days, then the Customer may terminate the Service and such termination shall be the Customer's sole remedy against M1 Net Ltd. Accordingly, the Customer shall be liable to pay M1 Net Ltd the monthly fees and any other charges due up to and including the effective date of termination.
M1 Net Ltd shall not be liable to the Customer for any costs, loss, liability or damage (whether direct, indirect or consequential) arising out of this Agreement or the supply or non-supply of the Service, arising in any way, including in tort, negligence, breach of statutory duty or in connection with the Service.
M1 Net Ltd expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.
M1 Net Ltd does not warrant that the Service will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected.
The Customer acknowledges and agrees that M1 Net Ltd may rely on third party service providers in providing the Service to the Customer, including but not limited to any hardware, software and user documentation or other material from such third parties ("Third Party Inputs"), and accordingly, M1 Net Ltd shall not be liable for any claims, damages, expenses or losses arising from or in connection with the use, inability to use, defect or failure of the Third Party Inputs or with respect to other aspects of the Service; including any loss or damage (whether direct, indirect, incidental, special, economic or consequential loss including without limit loss of profits, revenue, business opportunities, goodwill, data and/or value of Customer Equipment).
The Customer agrees to fully indemnify, defend and hold harmless M1 Net Ltd, its affiliates, subsidiaries, and all directors, officers and employees of the foregoing and any third party service providers from and against any and all claims, losses, damages and expenses (including reasonable legal expenses) arising out of the access and use of Service whether by the Customer or other persons.
The terms of this Agreement and any other applicable terms and conditions referred to herein may be revised by M1 Net Ltd from time to time, with notice to the Customer in such manner as M1 Net Ltd deems appropriate, which may include publication of such revisions on M1 Net Ltd's website. The Customer shall be deemed to have accepted these Terms and such other applicable terms and conditions as revised by the Customer's continued use of the Service.
No delay or failure by M1 Net Ltd to take any action or to enforce or exercise any of its rights in this Agreement will operate as a waiver of such rights by M1 Net Ltd, nor will such failure or delay in any way prejudice or affect M1 Net Ltd's rights at any time thereafter to act strictly in accordance with our rights in this Agreement.
If any of these Terms are held to be unenforceable, invalid or illegal for any reason, that provision shall be severed from these Terms, save and except that the remaining provisions shall remain in full force and effect.
This Agreement shall be subject to and construed in accordance with the laws of the Republic of Singapore and the Customer and M1 Net Ltd hereby submit to the exclusive jurisdiction of the Singapore courts.