1.2 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.
2. Eligibility for Service
2.1 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.
2.2 The Service is available to customers who have either of the following:
(a) A valid Singapore Certificate of Incorporation ("COI"); or
(b) A valid Business Registration Certificate ("BRC").
2.3 The Service must be subscribed to by the Customer under a valid Business Registration Number ("BRN").
2.4 The Customer must not have any outstanding accounts with M1 Net Ltd (and/or any entity forming the M1 Net Ltd Group of Companies) that are in arrears or due and owing to M1 Net Ltd and/or any
entity forming the M1 Net Ltd Group of Companies at all times.
2.5 M1 Net Ltd reserves the right at its discretion to decline acceptance of the Customer's application for any reason or no reason.
3.1 M1 Cloud Unified Communication (UC) Service (“Service”) is the business communications solution that consists of Hosted IP Centrex, Rich IP communication via an instant messaging application and
3.2 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.
3.3 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 or liability to the Customer.
3.4 The Customer acknowledges that the technical implementation that M1 Net Ltd uses to deliver the Service is at M1 Net Ltd's discretion.
3.5 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.
4. Service Requirements
4.1 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 user access will be provided to Customer’s assigned administrator.
4.2 The Service requires at least a 4G mobile network or Internet connection (minimum 100Mbps) for full functionality. Customer must ensure that data connectivity is made available to soft clients (PC or mobile clients) in order to use the Service. Mobile data charges shall apply when the Service’s mobile client is in use.
4.3 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.
4.4 There will be a minimum 12-month service commitment requirement on the Customer for each UC line. Early termination charges will be applicable and payable by the Customer in the event of any premature termination during the commitment period. There will strictly be no proration of monthly subscription fees. Upon expiry of the applicable initial minimum period of subscription, M1 Net Ltd may at its discretion, continue to provide the Customer with the Service on a month-to-month basis on the same terms and conditions until the Service is (a) terminated by either M1 Net Ltd or the Customer with at least one (1) month’s prior notice in writing to the other, or (b) otherwise terminated by M1 Net Ltd in accordance with applicable terms and conditions for the Service.
4.5 Password Reset can only be performed by the Customer’s assigned administrator via Admin Portal.
4.6 Prevailing M1 Net Ltd fixed line charges and M1 Net Ltd IDD charges shall apply. All charges are subject to prevailing GST.
4.7 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.
4.8 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 applicable laws. 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.
4.9 The Cloud UC client requires mobile device running with the latest Android or iOS version as well as Windows & Mac client. 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.
5.1 The Customer is responsible for the use of the Service under its account (whether by itself or other users) and shall use the Service for lawful purposes only in accordance with this Agreement and any other applicable laws and regulations. Customer can refer to the Data Protection Policy under M1 website.
5.2 The Customer is responsible for the security of its account information registered with ALE Rainbow, including without limitation to company name, user name, email address, level 6 number, passwords and/or encryption keys in relation to the Service. That account information is required for customer to consume the service, any withdrawn of these data will mean terminating the service.
5.3 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.
5.4 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, to the fullest extent allowed by applicable laws, M1 Net Ltd shall not be responsible for any loss or corruption of data under any circumstance whatsoever and howsoever arising.
5.5 IP Phone will not be supplied by M1. However if customer require IP phone equipment, it will be directly supplied by our partner ACA / ALE. ACA / ALE will provide the IP phone equipment, its warranty support, technical support to customer directly. Any issue regarding to IP phone support, customer have to contact ACA / ALE support hotline instead of M1 hotline.
6. Limitation of Liability and Disclaimer of Warranty
6.1 The Services are provided on an "as is" and "as available" basis and the Customer accepts that it accesses or uses them at its 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, to the fullest extent allowed by applicable laws, M1 Net Ltd shall not be liable for any loss or 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.
6.2 In the event of Service outage, disruption or deterioration due to any [lapse or failure] on the part of M1 Net Ltd, M1 Net Ltd shall use its commercially reasonable 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 and exclusive 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.
6.3 To the fullest extent allowed by applicable laws, 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 otherwise, in connection with the Service.
6.4 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 applicable laws.
6.5 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.
6.6 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, support services or other materials or services from such third parties ("Third Party Inputs"), and accordingly, to the fullest extent allowed by applicable laws, M1 Net Ltd shall not be liable for any claims, liabilities, 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).
7.1 To the fullest extent allowed by applicable laws, the Customer shall 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 (each an “indemnified person”) at all times from and against any and all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising which any of the indemnified persons may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the Agreement or the use of Customer's account whether authorised or not authorised or the use of any Service by Customer or any act or omission of Customer thereof.
In addition to the grounds for suspension and termination as set forth in M1 Net Ltd's and M1 Limited’s General Terms and Conditions, M1 Net Ltd reserves the right to suspend or terminate the Service or any part thereof, or to cease to provide the Customer with the Service at any time in M1 Net Ltd’s discretion and without any liability to the Customer whatsoever if: (a) the use of the Service violates or is suspected to violate any terms and conditions of the Service, or the Customer’s failure to comply with any applicable laws or regulations; (b) as result of factors beyond M1 Net Ltd’s control, including without limitation, acts of God, natural disaster, act or omission of government authorities (including removal of any applicable license and issuance of court order) or change in legislation, regulation, policy or guideline, fire, civil disturbance, strike or weather, failures by M1 Net Ltd’s suppliers or other third parties and any damage, destruction, corruption, breakdown, malfunction, mechanical or other defect in M1 Net Ltd’s systems or telecommunications link or components such that we are unable to provide the Service or the connection to our network; (c) any of the agreements with any of M1 Net Ltd’s suppliers or third party service providers for the Service is suspended or terminated for any reason, or any of our suppliers or third party service providers for the Service for any reason ceases or fails to provide the support (or any part thereof) necessary for M1 Net Ltd to continue providing the Customer with the Service; or (d) provision of the Service or any part of the terms and conditions of the Service becomes unlawful, unenforceable, invalid or illegal for any reason. Any such suspension or termination shall be without prejudice to M1 Net Ltd's accrued rights and all other rights and remedies available to M1 Net Ltd at law or equity
8. General Terms
8.1 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 access and/or use of the Service.
8.2 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 M1 Net Ltd's rights in this Agreement.
8.3 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.
8.4 This Agreement shall be subject to and construed in accordance with the laws of the Republic of Singapore and the Customer hereby submit to the exclusive jurisdiction of the Singapore courts.*Subject to prevailing GST.