DEFINITIONS AND APPLICATION

These Terms and Conditions set forth the terms and conditions which shall apply to the use of the Service by you. In addition to these 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, unless otherwise expressly stated in these Terms and Conditions.

In these Terms and Conditions:

  1. "Agreement" means these 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;
  2. "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;
  3. “Domain” means the website’s IP address linked to a domain name system (DNS) server registered with M1 Net or owned by you;
  4. "Equipment" means the residential gateway, including any and all hardware and software and parts thereof, used by you to access and use the Service;
  5. "Service" means the M1 SOHO Fibre Broadband service, which includes the M1 Email/Web Hosting services, Domain Name service and/or the Unified Communications (UC) service;
  6. "Service Address" means the physical premises where the Service is to be provided;
  7. "We", "us", "our" or "M1 Net" means M1 Net Ltd.; and
  8. "You", "your" or "Subscriber" means a subscriber of the Service, having an account authorised by M1 Net for access to and use of the Service ("Account").
  9. "NetLink Trust" means “CityNet Infrastructure Management Pte Ltd (as Trustee-Manager of NetLink Trust)”

SERVICE

You must subscribe for the Service with a valid NRIC/FIN number. You must provide a valid Business Registration Certificate (BRC) and subscribe for the Service under a valid Business Registration Number (BRN) if you wish to register for a .com.sg Domain for the M1 Email/Web Hosting services.

The Service is provided by M1 Net to you for residential and commercial use at the Service Address, and you may not resell the Service or use the Service for another Service Address, unless otherwise expressly agreed by M1 Net in writing.

You hereby authorise M1 Limited to invoice and collect any due Charges from you on behalf of M1 Net.

For residential broadband services delivered via fibre technology: The Service is available for access and use at fibre-ready residential premises only. In the event the residential premise is not fibre-ready, any and all Charges (including without limitation, any activation, installation, administrative, service call or subscription fees) paid by you to us shall not be refundable (except for subscription fees to the extent pre-paid).

You acknowledge and agree that M1 Net may rely on third party service providers in providing the Service including but not limited to the provision of any hardware, software and user documentation or other material from such third parties (“Third Party Inputs”), and accordingly, M1 Net 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 any Equipment).

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 a standard, one-time signal activation fee by us for activating the Service in respect of each Service Address.

Installation fees (including fees for installation of Equipment and fibre access points) and service call fees as published by us may apply to the Service, where applicable and as may be requested by you.

For the avoidance of doubt, applicable fees may apply in respect of any change of Service Address.

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.

For Email/Web Hosting Service, you are required to subscribe to the Domain Name service if you do not already have your own domain name. You will be charged and you agree to pay a recurring subscription fee for the Domain Name 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 annually in advance from the day your Domain Name is registered with M1 Net, unless otherwise expressly agreed by us in writing. In the event that you wish to terminate your subscription to the Domain Name service, you must provide us with prior notice of no less than 30 days before the next renewal date for your Domain Name service subscription.

The UC service is intended to operate on 3G and 4G mobile networks (minimum 192kbps) or Internet connectivity (minimum 512kbps). You will be charged and you agree to pay any usage charges for the service at the respective published rates, which may be subject to change from time to time by us upon notice to you to the extent permitted by applicable laws.

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 1627 or by faxing or writing to us, and giving us at least 7 days’ 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 grounds 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 our published 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 your acceptance of such amendments.

You may not temporarily disconnect or suspend the Service during the contract Commitment Period as stated in your application form.

EQUIPMENT AND COMPUTER

Access and use of the Service may require the use of Equipment. You must procure the Equipment at your own expense, and ensure that the Equipment satisfies all applicable requirements including without limitation, regulatory and system requirements.

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 to you.

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, libellous, 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 are responsible and shall ensure that all use of your account and the Service, whether by you or any other person, fully complies with this Agreement, any rules that we may issue from time to time, and all applicable laws. This includes bearing all payment obligations for use incurred under your account, whether by you or other persons. You are also responsible for the security of your account information, including without limitation, any User IDs and/or passwords in relation to the Service. In the event of any compromise in the security of any User IDs and/or passwords, you must inform us immediately. Until such notification is made to us, you shall be responsible for all payment obligations arising from any unauthorized use of the Service under your account.

You acknowledge and agree that the Service only allows you to send commercial emails from the registered M1 Email/Web Hosting service address. You shall be responsible for the use of the Service under your account and for any content which is disseminated through your account. You shall not use the Service to send emails that may be libelous or obscene, or cause irritation, annoyance, embarrassment, nuisance or harassment to anyone. You shall use the Service for lawful purposes only, in accordance with the terms and conditions herein and any other applicable laws and regulations.

You shall not use the Service to spam or send out unsolicited commercial emails. You shall comply strictly with the Spam Control Act (Cap 311A) as it may be amended from time to time and any other applicable laws and regulations, and you shall fully indemnify and hold M1 Net and/or its affiliates harmless against any and all claims, losses, damages and expenses arising out of your spamming or breach of any of the terms and conditions herein. M1 Net reserves its right to suspend the Service if it reasonably suspects spam emails to be originating from your account.

You acknowledge and agree that (a) the Service is provided for both your personal and/or commercial 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) any server services (not limited to HTTP/web, SMTP/mail, FTP/file transfer) operated by you shall be in compliance with M1 Net’s Acceptable Use Policy.

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 M1 Net shall have the right (but not the obligation) to monitor any and all transmission via the Service and your 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 Service and/or your account 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 content that we have no obligation or ability to review, monitor or control, and that we shall not be liable for any Internet content accessed via the Service or for any content disseminated to the Internet via your account, whether from you or from other persons.

You acknowledge and agree that the Service is provided subject to factors including without limitation, the availability of network infrastructure, technical capacity and Service provisioning time required by M1 Net.

You acknowledge and agree that it is your responsibility to backup all important data whilst using the Service.

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 Account:

  1. For reasons as we may promulgate from time to time;
  2. If the Service Address becomes disconnected from our network for any reason; or
  3. As a result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable licence and issuance of court order), fire, civil disturbance, strike or weather, failures by our suppliers, we are unable to provide the Service or the connection to our network.

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.