M1 Net Ltd: General Terms & Conditions for Services
DEFINITIONS AND INTERPRETATION
In the Agreement, except to the extent that the context requires otherwise the following expressions shall have the meanings ascribed to them below:-
Acceptable Use Policies means the policies and guidelines issued by M1 Net Ltd from time to time for the regulation of the use of the Service;
Agreement means the agreement for the supply of Services made between the Customer and M1 Net Ltd, which agreement may be identified by an Agreement Number and comprises (i) one or more completed Application Forms, (ii) these general terms and conditions, any specific terms and conditions relating to the Service, the Special Terms and Conditions (if any) all as from time to time amended, modified or varied, and (iv) any other terms and conditions that Customer and M1 Net Ltd may have agreed or accepted in relation to the Services;
Agreement Number means the number specified as the 'Agreement Number' on the first page of the Agreement;
Application Form means a document described as such and specifying a Service, signed by the Customer and accepted by M1 Net Ltd, and identified by the Agreement Number;
Billing Dispute means a dispute by the Customer in relation to an amount in an invoice provided by M1 Net Ltd where the Customer has reasonable grounds to believe that the matter has risen from one of the following circumstances:
M1 Net Ltd’s billing system is or has been defective or inaccurate in respect of recording of the Services which are the subject of such dispute;
there is or has been fraud; or
there is or has been some other error in respect of the recording of the Service or calculation of the charges which are the subject of the dispute or the billing in respect thereof;
Charge means the fees, expenses and charges for or in respect of a Service charged by M1 Net Ltd from time to time including but not limited to any fees, expenses or charges (whether in advance or not) for equipment, software, access, connection, installation, subscription, usage, government charges, third party charges, license fees and administration costs;
Commencement Date means the date on which a Service shall be provided to the Customer pursuant to the Customer's acceptance of the Agreement;
Customer means the person or persons whose application to enter into the Agreement is accepted by M1 Net Ltd;
Data means any information about the Customer, the Customer’s employees and customers that is provided to or collected by M1 Net Ltd from time to time in connection with a Service;
Minimum Period of Subscription means 12 months or (a) such shorter period as may be agreed to in writing by M1 Net Ltd in its sole discretion; or (b) such longer period as may be stated in any written information given to the Customer or specified in an Application Form;
Payment Date means a date or dates for payment of a Charge specified in an Application Form; or if no payment date or dates is so specified, 30 days after M1 Net Ltd issues an invoice for payment of the Charge;
M1 Intellectual Property means all patent, copyright, trademark, tradenames, logos, service marks and other intellectual property or proprietary rights in or related to the M1 group, any Service, M1 group’s network, system, software or equipment;
M1 Net Ltd means M1 Net Ltd (Reg. No. 199604708Z);
Service means such services, products, facilities, equipment and software (as the case may be) as may be specified in an Application Form and Services refers to each and every Service to be supplied under the Agreement;
Special Terms and Conditions means a document described as such and appended to an Application Form;
words importing the singular shall include the plural and vice versa and words importing one gender shall include the other gender. The clause headings herein are used for convenience only and shall have no substantive meaning; and
references to any laws, by-laws, legislation, statutes, rules, orders, treaties, regulations, requirements, codes of practice, guidelines and directions shall include any modification, extension or re-enactment thereof then in force.
SERVICE
Subject to the terms of the Agreement, M1 Net Ltd shall use reasonable efforts to provide the Services to the Customer.
The Customer shall be responsible to arrange at his/her/its own expense the provision and installation of all relevant equipment (including any software unless specifically provided as part of M1 Net Ltd’s promotion) for the purpose of gaining access to the Services.
M1 Net Ltd shall notify the Customer of the Commencement Date when the Services shall become available to the Customer.
Subject to the consent of M1 Net Ltd, the Customer may change the usage plan on the first day of any month selected by him/her/it on the Application Form by giving not less than seven (7) days' prior notice in writing to M1 Net Ltd. The effective date of such change shall be the first day of the calendar month subsequent to the expiry of the notice given by the Customer or such other date as determined by M1 Net Ltd in its sole and absolute discretion.
The Customer may during the course of or in relation to a Service be offered the opportunity to:
purchase goods and/or services (such as equipment, software, platform, applications, systems etc.) from a third party; and/or
purchase from M1 Net Ltd goods and/or services (such as equipment, software, platform, applications, systems etc.) that originates from a third party. (“Third Party Supply” means any such goods and/or services. “Third Party Supplier” means any such third party). If the Customer chooses to purchase such Third Party Supply, M1 Net Ltd will transfer to the Customer warranties as may be provided to M1 Net Ltd by such Third Party Supplier (if any) where M1 Net Ltd is of the view that such warranties could be transferred to the Customer.
The Customer acknowledges and agrees that in respect of any Third Party Supply, it will be bound by the end-user terms and conditions or end-user licence agreement (“EULA”) of the Third Party Supply or Third Party Supplier which shall constitute Customer’s sole and exclusive remedy in respect of such Third Party Supply. By using the Services and the Third Party Supply, Customer is deemed to have accepted in full these terms or EULA, and any amendments or updates thereafter. If Customer does not accept the terms or EULA, M1 Net Ltd is unable to provide the Services to Customer. The Customer shall be liable for all losses and liabilities, including those incurred by M1 Net Ltd, if the Customer does not accept such terms or EULA.
The Customer acknowledges and agrees that:
in respect of any Third Party Supply, clauses 2.5 and 2.6 constitute the Customer’s sole and exclusive remedy;
all Third Party Suppliers are independent of and not within M1 Net Ltd’s control. M1 shall not in any way whatsoever be liable or responsible for act or omissions of Third Party Suppliers; and
save as provided in clause 2.5, M1 Net Ltd shall not be liable in any way to the Customer under its contract with M1 Net Ltd, at law (including statutory duty), in equity, in tort (including negligence and breach of statutory duty) or otherwise, for any matter, claims, expenses, damages or losses (whether direct, indirect, special, economic or consequential loss including without limit loss of profits, revenue, business opportunities, goodwill, data and/or value of Customer’s assets) arising from, in connection with, or in relation to any Third Party Supply (including any defaults by Third Party Supplier, any issues in user documentation or other material, non-provision of Third Party Supply, defects in Third Party Supply etc.) by M1 Net Ltd, with respect to any Third Party Supply.
SOFTWARE
In connection with any software provided by M1 Net Ltd for use with any Service, the Customer:
acknowledges that the software is provided “as is” and that M1 Net Ltd does not make any express or implied warranties of any nature with respect to the software;
shall be solely responsible for ensuring that such software is suitable for his/her/its needs and the compatibility of such software for use with any equipment used by him/her/it, whether or not any changes are introduced to the Service by M1 Net Ltd;
shall adhere to all instructions and notices (written or otherwise) given by M1 Net Ltd whether originating from M1 Net Ltd or any other person from time to time regarding the use of such software;
shall only use the Software solely for the purpose for which it is supplied;
shall not modify, reverse engineer, or alter the Software; and
shall (without prejudice to the indemnity provisions under Clause 13) indemnify M1 Net Ltd and/or its third party supplier and hold them harmless against any claims, actions, law suits, losses or damages as a result of its breach of this Clause 3.
CHARGE AND PAYMENT
In consideration of the provision of the Services, the Customer shall pay M1 Net Ltd each Charge at the applicable rate indicated in the Agreement or such other rates as may be prescribed by M1 Net Ltd from time to time on its Payment Date.
The Customer shall be liable for and shall pay each Charge on demand. In the event that there is a Billing Dispute, the Customer is entitled to withhold payment pending resolution of such Billing Dispute.
The Customer shall inform M1 Net Ltd by written notice at least 10 days prior to the Payment Date of such Billing Dispute and that it intends to withhold payment. Such notice should contain the following information:
reasons why the Customer disputes the relevant Charge; and
the amount in dispute.
Within 30 days of the receipt of such written notification from the Customer, M1 Net Ltd will conduct a complete investigation and review of the Customer’s reasons and provide a written response to the Customer informing him of M1 Net Ltd’s conclusions. The Customer shall pay the amount withheld within 5 days of the receipt of M1 Net Ltd’s written response if the conclusions stated in such written response are in M1 Net Ltd’s favour.
The Customer shall pay and maintain such deposits with M1 Net Ltd as M1 Net Ltd may require and shall increase the amount of such deposits from time to time when so required by M1 Net Ltd.
M1 Net Ltd shall be entitled to charge interest on all outstanding amounts (including without limitation any disputed amounts under Clause 4.2 for which the Customer is ultimately found to be liable for upon the resolution of such dispute) under the Agreement at the rate of two per cent (2%) per month, accruing on a daily basis (including accrued default interest) from the Payment Date until payment in full is received by M1 Net Ltd notwithstanding the termination of the Agreement.
The Customer will be liable for and shall pay on demand to M1 Net Ltd any charges incurred by any unauthorised or illegal log-ins for any reason whatsoever not due to any gross negligence or wilful default on the part of M1 Net Ltd.
The Customer shall be responsible and M1 Net Ltd shall not be liable for any charges of whatsoever nature incurred in connection with or pursuant to the use or purported use whether authorised or unauthorised of the Customer's account including without limitation international telecommunications roaming charges, local telecommunications service charges and charges imposed by third parties.
M1 Net Ltd will issue a monthly invoice to the Customer.
The Customer shall notify M1 Net Ltd of any Billing Dispute within 12 months from the date of its receipt of the invoice from which such Billing Dispute arises failing which no claim may be brought with respect to such invoice.
TAXES
Each Charge payable by the Customer is exclusive of any stamp duty, value added or similar taxes or duties and government charges ("Taxes"). The Customer shall be solely liable and shall pay (and shall indemnify M1 Net Ltd in respect of) all Taxes. 5.1A. Each Charge payable by the Customer is inclusive of, or will be adjusted according to, the prevailing GST rates.
MAINTENANCE
M1 Net Ltd may suspend or disconnect any Service in whole or in part at any time by giving as much notice as is reasonably practicable in the circumstances and without compensation to the Customer if, in M1 Net Ltd’s reasonable opinion, it is necessary:
to carry out any planned maintenance, repair or upgrade of any part of the Service; or
to carry out any unplanned maintenance, repair or upgrading of any equipment or facility forming part of the Service.
The Customer shall be and remain liable for all charges accrued prior to such suspension or disconnection under clause 6.1. M1 Net Ltd may, without further cost to the Customer, reconnect or resume the Service as soon as it is reasonably practicable to do so.
DATA PROTECTION
The Customer confirms that he/she/it has read and agrees to the provisions of the M1 Data Protection Policy as set out on our website, as may be amended by us from time to time.
OBLIGATIONS OF THE CUSTOMER
The Customer shall:
be solely responsible for the set-up or configuration of his/her/its equipment for access to the Services and shall provide at his/her/its own expense, when so required by M1 Net Ltd, all facilities or resources necessary for the proper provision of the Services including without limitation power points, electricity, conduits, pipes, access, licenses or easements;
comply with all notices, directions or instructions given by M1 Net Ltd from time to time in respect of the use of any Service including but not limited to the guidelines as stated in the Acceptable Use Policies, the contents of which is subject to change at M1 Net Ltd's sole discretion;
be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property rights as may be required for using the Services;
comply with the rules of any network through which the Customer accesses the Services;
be solely responsible for all information retrieved, stored and transmitted through any Service by him and for managing the use of the storage capacity provided so that it does not exceed the capacity allocated to him;
obtain the prior written approval of M1 Net Ltd if he/she/it contemplates that using any Service for any activity would or is likely to generate a change in traffic in excess of his/her/its normal usage and/or is likely to cause congestion in M1 Net Ltd's network;
not intentionally attack M1 Net Ltd's network system and/or any Service, nor create or cause a situation whereby other subscribers are affected in their enjoyment and/or use of any Service; and
not use M1 Net Ltd's network system and/or any Service to cause harm to any third party including, but not limited to circumvention of user authentication or security of any host, network or account, and not to launch a technical attack on other users of any Service or other Internet service providers.
The Customer shall strictly comply with:
all applicable laws of Singapore relating to the Service including without limitation the Telecommunications Act, Code of Practice for Competition in the Provision of Telecommunication Services, Films Act, Computer Misuse Act, Penal Code, Copyright Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, Indecent Advertisements Act, Public Entertainments Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act, Trade Marks Act and Official Secrets Act. See: https://sso.agc.gov.sg/, and
Without limitation to the generality of the foregoing, the Customer undertakes not to use any Service
for any illegal or improper purpose or for the purpose of sending any message which is defamatory, offensive or abusive or of an obscene or immoral nature or menacing character or which is offensive on moral, religious, communal or political grounds;
for any purpose or programme that is against the public interest, public order or national harmony or offends against good taste or decency;
in breach of any code of practice, regulations, guidelines, instructions, etc in whatsoever form that the regulatory authorities in Singapore may issue from time to time relating to any Service or otherwise;
to post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;
to copy, upload, post, publish, transmit, reproduce, or distribute in any way or manner whatsoever, information, software, or other material which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rights’ holder;
for offering any professional advice or specialist consultancy services without the written approval of the governing body for that profession;
to gain access to any computer system connected to the Internet without authorization by the owner of the computer system;
to access information or resources which are private to individuals and organizations unless permission to do so has been granted by owners or holders of the rights to such resources and information; or
otherwise in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party.
Any and all M1 Intellectual Property will continue to belong to M1 Net Ltd, its relevant affiliate or M1 Net Ltd’s licensor(s). Customer may not use or permit anyone to use any M1 Intellectual Property except as may be necessary for its lawful use of the Services provided to you or as permitted by M1 Net Ltd. Customer acquires no right or interest in any of M1 Intellectual Property, and shall not use or copy or permit any person to use, copy, recompile, reverse engineer or disseminate any M1 Intellectual Property.
SECURITY
As information transmitted through the Internet in general is not secure, M1 Net Ltd cannot and shall not guarantee the privacy of the Customer’s electronic communications. The Customer shall take all such measures as may be necessary (including but not limited to changing his/her/its password from time to time) to protect the secrecy of his/her/its User Identification ("UI") and/or password and shall not reveal the same to any other person(s). M1 Net Ltd shall not be liable for any loss or damage incurred by the Customer or third parties due to any wrongful use of the Customer's UI or account by the Customer or any wrongful or fraudulent use of the Customer's UI or account by any other person.
M1 Net Ltd shall have the right to withdraw the UI and forthwith assign a new UI to the Customer at no extra charge where M1 Net Ltd has reason to believe the UI has been discovered and/or used by a person without the knowledge, consents, permission, expressed or implied, of the Customer, its servants, employees or agents and on such other occasions as M1 Net Ltd shall deem necessary in its reasonable opinion.
M1 Net Ltd shall have the right to withdraw the UI from the Customer if the Agreement or any Service is terminated; or where in M1 Net Ltd's opinion, the Customer has not complied, is not complying or is likely not to comply with its obligations under the Agreement.
Where a UI is necessary to access any Service, the Customer shall use only his/her/its own UI.
The Customer acquires no rights to any mailbox number, the UI, Internet Protocol address, domain name, circuit reference and any codes assigned to him or it by M1 Net Ltd and M1 Net Ltd reserves the right to change or re-assign the same to the Customer at its sole discretion without being liable to the Customer for any damages or losses suffered.
M1 Net Ltd does not and will not perform system backups on information stored within its system. M1 Net Ltd is not responsible or under any obligation to provide historical data or to assist the Customer in downloading, faxing or reading to the Customer any of its or his electronic mails.
If at any time the Customer requests M1 Net Ltd to reset his/her/its password, the Customer shall forthwith after ascertaining that his/her/its password has been reset change such password to a new password.
The Customer agrees to immediately notify M1 Net Ltd for M1 Net Ltd's informational purposes only of any unauthorised use of the Customer's account or of any other breach of security known to the Customer.
MANAGEMENT AND CONTROL OF INFORMATION
Although M1 Net Ltd does not actively monitor information stored within the M1 Net Ltd systems, M1 Net Ltd shall have the right to manage and control the access to computer systems and information stored within the M1 Net Ltd systems in a manner deemed appropriate by M1 Net Ltd. M1 Net Ltd may, in its sole discretion and if it deems appropriate, vary, amend or suspend any Service or any part thereof including but not limited to the removal of content of web pages hosted on its servers, the removal of postings on its news service and the blocking of electronic messages through its mail servers.
SUSPENSION OF SERVICE
M1 Net Ltd may suspend the use of or access to any Service at any time on the following grounds:
M1 Net Ltd reasonably suspects that the Customer is intentionally using the Service in contravention of any applicable law, and fails to cease such action within seven (7) days of being notified by M1 Net Ltd of such contravention;
M1 Net Ltd in its sole opinion determines that the provision of the Service has an adverse network impact on M1 Net Ltd, or that the Customer has created or is likely to create imminent harm (including but not limited to interruption, disruption or congestion) to any network maintained, operated or owned by, or leased and/or licensed to, M1 Net Ltd;
the Customer does or allows anything to be done which in M1 Net Ltd's reasonable opinion may jeopardise the operation of the Service or the M1 Net Ltd network; or
the Customer has not paid a Charge or any part thereof for more than 30 days after the Payment Date.
Upon any such suspension pursuant to any of the grounds specified in clause 11.1, the Customer shall be liable for all charges and fees incurred up to and including the date of such suspension.
If, within 14 days of a suspension, the Customer rectifies all of the grounds for which such suspension has been effected (if such grounds may be rectified), then the Customer may request M1 Net Ltd to reconnect the Service. Upon such request, M1 Net Ltd may reconnect the Service and shall reserve the right to impose on the Customer a reconnection fee and such other fees as it deems appropriate.
Nothing herein shall prejudice the right of M1 Net Ltd to terminate the Service pursuant to clause 14.3.
EXCLUSION AND LIMITATION OF LIABILITY
M1 Net Ltd makes no express or implied warranties of any nature under the Agreement.
M1 Net Ltd does not exclude or limit the application of any provision of any statute or legislation where to do so would contravene that statute or legislation or cause any part of this clause 12 to be void.
M1 Net Ltd excludes from the Agreement all conditions, warranties and terms implied by legislation, general law or custom, except any implied condition or warranty, the exclusion of which would contravene any legislation or cause this clause 12 to be void (“Non-excludable Condition”).
Subject to clause 12.2, to the fullest extent permitted by law, M1 Net Ltd excludes:
all statutory liability;
all tortious liability;
all liability to the Customer in contract, tort or otherwise for economic, consequential or indirect losses, expenses, damages and costs arising out of or in connection with the Agreement even if:
M1 Net Ltd knew they were possible; or
they were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer of the Customer; and
all liability to the Customer in negligence (save for death or personal injury arising out of negligence) for acts or omissions of M1 Net Ltd, its employees, agents and contractors arising out of or in connection with the Agreement.
M1 Net Ltd's total liability to the Customer for breach of any express provision of the Agreement or any Non-excludable Condition or any warranty implied by statute or otherwise is limited at M1 Net Ltd's option to any one or more of: (a) supplying, replacing or repairing the goods in respect of which the breach occurred; (b) supplying again the Service; or (c) an amount up to the amount paid by the Customer for the Service for the period of 2 months preceding the date of the breach or damage occurred.
In the event M1 Net Ltd provides any house call to provide technical support on the Customer's premises, the Customer shall ensure that such premises are safe and shall provide such facilities as M1 Net Ltd, its personnel or its agents may reasonably request.
Security or monitoring products / Security or monitoring services (including any managed services). Without prejudice to clauses 2.5 to 2.7 above and any of the other clauses in this Clause 12, and notwithstanding anything to the contrary in the Agreement, should any of these products or services be provided by or through M1 Net Ltd, these are provided to Customer on an “as is” and “as available” basis. To the fullest extent allowed by the law, M1 Net Ltd does not give any assurances, guarantees, warranties, either express or implied, in relation to such products or services. Customer acknowledges and agrees that it is in the best position to assess its business needs (including but not limited to its safety, health and security needs), and is solely responsible for inter alia its selection and use of these products and/or services, including but not limited to its configuration of any relevant equipment, software or process for use together with these products and/or services. Customer agrees that no vendor can assure complete security and nothing in this Agreement or elsewhere shall be construed to imply a security guarantee or assurance. Customer accepts that M1 Net Ltd does not warrant that the Services or any part of it (i) will be complete, free from errors or interruptions; (ii) will detect and/or address any or all malicious code, threat or vulnerability (including security threat or vulnerability); or (iii) will keep its network or computer systems completely secure, free from intrusions, security breaches, unauthorised access, vulnerabilities, viruses, malicious or unwanted electronic content. No oral or written information or advice given by M1 Net Ltd shall create any additional warranties or in any way increase the scope of M1 Net Ltd’s liabilities.
INDEMNITY
The Customer shall indemnify and hold M1 Net Ltd harmless at all times against 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 M1 Net Ltd 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.
TERM AND TERMINATION
Unless otherwise agreed by M1 Net Ltd, the minimum commitment period for a Service shall be the Minimum Period of Subscription.
Upon expiry of the Minimum Period of Subscription, the Agreement shall be automatically renewed for a further period of twelve (12) months unless otherwise terminated by either party by giving to the other party at least one (1) month’s prior written notice. The Agreement may be terminated by M1 Net Ltd at any time by giving to the Customer at least one (1) month’s prior written notice. M1 Net Ltd may in its sole discretion waive or accept in writing a shorter period of notice from the Customer than that referred to in this clause.
Notwithstanding any other provision of the Agreement, M1 Net Ltd may terminate the Agreement or any Service (in whole or in part) with immediate effect and without liability to the Customer whatsoever if:
the Customer has not paid a Charge or any part thereof for more than 30 days after the Payment Date;
in the sole opinion of M1 Net Ltd, the Customer has breached any provision of the Agreement and/or the Acceptable Use Policies and the Customer has failed to remedy the breach (if the breach is capable of remedy) within fourteen (14) days from the date of M1 Net Ltd’s notice of such breach;
M1 Net Ltd in its sole opinion determines that the provision of the Service has an adverse network impact on M1 Net Ltd, or that the Customer has created or is likely to create imminent harm (including but not limited to interruption, disruption or congestion) to any network maintained, operated or owned by, or leased and/or licensed to, M1 Net Ltd;
the Customer has at any time provided any false or incomplete information to M1 Net Ltd;
in the opinion of M1 Net Ltd or any regulatory authority, it is not in the public interest to continue providing the Service to the Customer for any reason whatsoever;
the Customer (where the Customer is an individual) dies or is declared a bankrupt;
the Customer (where the Customer is a corporation) enters into any compromise or arrangement with its creditors or a receiver or a receiver and manager is appointed over the whole or part of the undertaking of the Customer or any proceedings are taken for the appointment of an administrator of or the winding up of the Customer or the Customer becomes insolvent or ceases to carry on business;
in M1 Net Ltd's sole opinion, the Customer has behaved unreasonably and in such a way that hinders M1 Net Ltd in the proper discharge of its obligations herein;
if M1 Net Ltd is acting in compliance with any applicable law or requirement of any relevant regulatory authority or law enforcement body, including for reason of illegal or improper activity by you;
without prejudice to the other rights of M1 Net Ltd, if the Customer repeatedly uses, allows the use, intends on using M1 Net Ltd service(s) to cause infringement of copyright in any material, or repeatedly commits infringement of copyright in any materials on or using M1 Net Ltd’s network. For the purposes of this Clause 14.3(j), a repeat infringer is one who has been notified by M1 Net Ltd of infringing activity violations more than twice; or
as result of factors beyond our control, including without limitation, acts of God, natural disaster, epidemic, pandemic, disease or a similar event, acts of the public, enemy, 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, flood, strikes, failure of utilities or computer, war, riots, insurrections, civil commotion or disturbance, strike or weather, insolvency of any suppliers (such as Third Party Supplier), failures by our suppliers and/or any damage, destruction, corruption, breakdown, malfunction, mechanical or other defect in our systems or telecommunications link or components such that we are unable to provide the Service or the connection to our network, and other causes of such nature.
LIABILITIES OF THE CUSTOMER UPON TERMINATION
In the event of termination of the Agreement or any Service pursuant to clause 14, without prejudice to any other remedies available to M1 Net Ltd, the Customer shall within 7 days of termination pay each Charge up to and including the expiry date of the relevant Minimum Period of Subscription or the date of termination stated in the notice given in accordance with clause 14, whichever is later.
If the Customer intends to terminate any Service prior to the expiry of the Minimum Period of Subscription, the Customer shall immediately give M1 Net Ltd the requisite one (1) month’s notice of its intention to terminate the Service. Upon acceptance by M1 Net Ltd of the Customer’s termination thereof, the Customer shall become liable to pay M1 Net Ltd a termination charge (as prescribed by M1 Net Ltd in its relevant Application Form(s) and which amount may vary from time to time) and the Charge for the remaining duration of the Minimum Period of Subscription.
Without prejudice to the foregoing, upon termination of the Agreement, M1 Net Ltd may use such deposits paid by the Customer to offset any amounts due from the Customer under the Agreement or any other agreement between M1 Net Ltd and the Customer, and the balance thereof shall be refunded to the Customer free of interest.
GENERAL
The Customer shall not divulge or communicate to any person or use or exploit for any purpose whatsoever (other than that contemplated in the Agreement) any confidential information which may or may have come to their respective knowledge by reason of or in connection with the Agreement, and shall use all reasonable efforts to prevent its respective employees, officers, agents and consultants from so acting, except with the prior written consent of M1 Net Ltd or where required to be disclosed pursuant to any applicable law or legal process used by any court or the rules of any relevant regulatory body.
To the fullest extent permissible under applicable laws, M1 Net Ltd may, at any time, amend, vary or supplement any terms and conditions of the Agreement (including, without limitation, these M1 Net Ltd General Terms and Conditions for Services, and any charges, tariffs and price plans) and withdraw, suspend or change any of the Services. M1 Net Ltd will give you reasonable advance notice (which may include advertisement, statements, letters, posting on our website or such other forms as we deem appropriate) of such changes. If you continue to use the Services after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Services.
If M1 Net Ltd does not exercise or delay in exercising its rights under the Agreement, M1 Net Ltd is not taken to have waived its rights.
The Customer may not transfer or novate nor try to transfer or novate any right created under the Agreement to any third party without M1 Net Ltd’s prior consent. M1 Net Ltd may transfer or novate any of its rights or obligations hereunder by giving the Customer prior notice thereof.
M1 Net Ltd shall not have any liability for any delay or default in the performance of its obligations under the Agreement caused by circumstances beyond its control and without the fault or negligence of M1 Net Ltd including but not restricted to acts of God, natural disaster, epidemic, pandemic, disease or a similar event, acts of the public, enemy, 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, strikes, war, riots, insurrections, civil commotion or disturbance, war, riots, insurrections, failure of utilities or computers, fire, flood, insolvency of any suppliers (such as Third Party Supplier), or any failures by our suppliers, and/or any damage, destruction, corruption, breakdown, malfunction, mechanical or other defect in our systems or telecommunications link or components such that we are unable to provide the Service or the connection to our network, and other causes of such nature. In any of the events mentioned above, M1 Net Ltd shall for the duration of such event, be relieved of any such obligation under the Agreement as is affected by the said event PROVIDED that the provisions of the Agreement shall remain in force with regard to all other obligations under the Agreement which are not affected by such event and PROVIDED further that the parties shall resume their full obligations under the Agreement upon the cessation of such event.
Any notices relating to the Agreement can be provided by email, fax or post.
A certificate, determination, notification, opinion or the like by an officer of M1 Net Ltd as to any matter relating to the Agreement shall be conclusive save for manifest error.
If any provision in the Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of the Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereto shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
The Agreement creates no agency, partnership, joint venture or employment and neither the Customer nor his/her/its agents have any authority to bind M1 Net Ltd in any respect whatsoever.
These General Terms and Conditions shall apply to each Service. In the event of any conflict or inconsistency between any other document comprising the Agreement and these General Terms and Conditions, such conflict or inconsistency shall be resolved in a manner most favourable to M1 Net Ltd to the extent of such inconsistency or conflict, subject always to such restrictions, limitations and prohibitions under any applicable law as are or may become applicable. If there is any inconsistency between different versions of the General Terms and Conditions and/or any applicable Service specific terms and conditions, the most recent version on the M1 website will prevail.
GOVERNING LAW AND JURISDICTION
The Agreement is governed by, and construed in accordance with, the laws of Singapore and each of the Customer and M1 Net Ltd hereby submits to the non-exclusive jurisdiction of Singapore courts
INAPPROPRIATE OR INFRINGING MATERIAL OR CONTENT
We may in appropriate circumstances and in our absolute discretion and without notice to you, remove or disable access to any material or content, including where we have reasonable grounds to believe that such material or content, is or may be infringing the intellectual property rights of M1 or any other third party, or where we receive a written notice from or on behalf of any third party copyright owner in the prescribed form and manner set out in the Copyright Act (Cap.63) (“Take-down Notice”). A full explanation for and of this Take-down Notice procedure can be found at www.m1.com.sg/copyrightactnotification.
Where any material or content made available by you is removed or disabled by us, we will expeditiously take reasonable steps to notify you after the removal or disabling of access to such material or content, and where such removal or disabling is done in reliance of a Take-down Notice, we will provide you with a copy of the Take-down Notice. If you disagree with our actions, you may send a counter-notice to us in the prescribed form and manner and within the prescribed time period set out in the Copyright Act (Cap.63).
Upon receipt of such counter-notice, we will take reasonable steps to restore or enable access to such material or content, provided it is technically and practically feasible to do so, and within the time period stipulated in the Copyright Act (Cap. 63), unless court proceedings are commenced by the copyright owner or under the owner’s authority, to prevent the restoration, or enabling of access to such material or content and we are informed in writing of such court proceedings.