1. M1 Net Ltd’s (“M1 Net”) Cloud Connect Service (the “Service”) is available to customers who have the following (“Corporate Customers” or “you”):
    • A valid Singapore Certificate of Incorporation (“COI”); or
    • A valid Business Registration Certificate (“BRC”).

  2. The Service must be subscribed to by Corporate Customers under a valid Business Registration Number (“BRN”). M1 Net reserves the right, at its sole discretion, to decline acceptance of the Corporate Customer’s application for the Service for any reason or no reason.

  3. These Specific Terms and Conditions shall apply to your access and use of the Service. 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 form(s) for the Service shall also apply to your access and use of the Service, unless otherwise expressly stated in these Specific Terms and Conditions.

  4. Subscription to the Service requires a separate subscription to M1 Net’s L2VPN service or L3VPN service for interconnectivity between the Corporate Customer’s premises and M1 data centre network. The aforesaid subscription to M1 Net’s L2VPN service or L3VPN service is a pre-requisite for the Service and will incur separate subscription charges, which shall be borne by the Corporate Customer. The terms and conditions and parameters for the M1 L2VPN/ L3VPN service such as bandwidth and contract period shall apply independently of, and in addition to, the terms and conditions for the Service. 

  5. You acknowledge that the Service is dependent on, amongst others, connectivity being established at or through data centres owned and/or operated by third party providers, in order to provide connectivity from M1 network to the public cloud service provider (the “CSP”). M1 Net is not and shall not in any way whatsoever be responsible or liable for any failures, delays or defaults in the Service that is due to any failure, delay, default, acts or omissions by or of any third party, including without limitation the CSP and/or the third party data centre providers.

  6. You further acknowledge and agree that provision of the Service by M1 Net is subject to any and all applicable terms and conditions imposed, or that may be imposed, by the relevant CSP from time to time, and where applicable, your acceptance of and compliance with such terms and/or conditions. For the avoidance of doubt, you (and not M1 Net) are solely responsible for procuring and maintaining, at your own costs and expense, all such accounts and/or services (as you may require) directly from/with the relevant CSP, and any and all charges associated with using the CSP’s services, including without limitation all usage, port charges and data egress fees, shall be borne solely by you. You shall be fully and solely responsible for all acts, omissions and activities under your account with the relevant CSP, whether by you or any other person under any login name and/or password, and you shall fully indemnify, defend and hold harmless M1 Net and all of its corporate parents, affiliates, subsidiaries, and any employees, officers and directors of the foregoing from and against any and all consequences and liabilities arising from or in connection with any such act, omission and/or activity.

  7. You further acknowledge and agree that you (and not M1 Net) are solely responsible for carrying out, completing and maintaining all applicable setup steps and requirements with the relevant CSP, including but not limited to the configuration of BGP, through your account with the relevant CSP. M1 Net is not and shall not in any way whatsoever be responsible or liable for (i) the setup, testing, support or maintenance of any resources and/or configuration relating to your account with the relevant CSP; and/or (ii) any delay or failure in using or accessing the Service that is due to your failure to carry out, complete and/or maintain the applicable setup steps and/or requirements with the relevant CSP and/or any error on your part and/or any error on or interruption, disruption, outages or configuration issues affecting any network or system not operated by us.

  8. The Corporate Customers’ access and use of the Service is subject to service provisioning time required by M1 Net and/or the third party provider(s) to provide the Service.

  9. 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), and (ii) you shall indemnify M1 Net and all of its corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing against losses and damage arising from or out of your access or use of the Service, including any claim by third party providers against M1 Net and/or any of its corporate parents, affiliates, subsidiaries, and/or any employees, officers and/or directors of the foregoing caused by your acts or omissions.

  10. The Service is subject to a 24-month contractual commitment period (or such shorter or longer contract period/term as indicated in your application form for the Service) starting from the date of Service activation (“Commitment Period”), subject to confirmation by M1 Net of its acceptance of your application for the Service.

  11. 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. Separate charges may be applicable for any additional requests, for example, for on-site support, re-configuration requests and/or relocation requests. All applicable goods and services tax (“GST”) shall be borne by the Corporate Customer.

  12. M1 Net shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. You acknowledge and agree that the technical implementation that M1 Net uses to deliver the Service is at M1 Net's discretion. M1 Net shall also have the right to, at any time, amend any rules, rates, fees, charges, and/or terms and conditions in respect of the Service, by notice to you in such manner as M1 Net deems appropriate, which may include by publishing such amendments on its website. Your continued use of the Service will constitute your acceptance of such changes, modifications and amendments.

  13. You are not allowed to temporarily disconnect, or transfer to any other party, person or entity the Service (whether partially or wholly) within the duration of the Commitment Period. No downgrading of service plans is allowed within the duration of the Commitment Period. For avoidance of doubt, a ‘downgrade’ is defined as ‘changing to a service plan with lower monthly subscription charges’.  M1 Net may treat any downgrading of service plans as a termination of the Service, pursuant to which the applicable early termination charges stated in Clauses 15, 16 and/or 17 (as may be applicable) shall apply. There will be no reduction or pro-ration of the applicable subscription charges for the Service under any circumstances during the duration of the Commitment Period.

  14. There may be Service downtime if the Corporate Customer requests to upgrade the service plan. Request for upgrading of service plan is subject to M1 Net’s prior approval.

  15. Notwithstanding the provision of any requisite notice, a termination charge equivalent to twelve (12) months of applicable subscription charges (subject to prevailing GST) shall be payable by the Corporate Customer in the event of any cancellation of the Service prior to Service activation. If the Corporate Customer has received any free premium(s), the Corporate Customer shall also be liable to pay the cost of such free premium(s), at full retail price (subject to prevailing GST).

  16. Notwithstanding the provision of any requisite notice, a termination charge equivalent to 100% of applicable subscription charges for the Service (subject to prevailing GST) for the remainder of the unused duration of the Commitment Period shall be payable by you if the Service is terminated before the completion of the contractual Commitment Period. If the Corporate Customer has received any free premium(s), the Corporate Customer shall also be liable to pay the cost of such free premium(s), at full retail price (subject to prevailing GST).

  17. The Corporate Customer is 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 15, 16 and/or 17 (as may be applicable). All termination notices should be made to M1 Customer Service Centre. Deactivation charges at prevailing rates stipulated by M1 Net shall be applicable, unless otherwise informed by M1 Net in writing.

  18. Corporate Customer who defaults on the payment of its bill and is terminated by M1 Net prior to the expiry of the Commitment Period will be required to pay the applicable amounts stated above in Clauses 15, 16 and/or 17 (as may be applicable), in addition to any outstanding payments, at M1 Net’s discretion. Further, without prejudice to any other rights or remedies available to M1 Net, in the event your M1 L2VPN service or L3VPN service account is suspended or terminated for any reason, M1 Net reserves the right at its sole discretion to suspend or terminate your subscription to the Service with immediate effect; for the avoidance of doubt, in the case of termination, the applicable early termination charges stated above in Clauses 15, 16 and/or 17 (as may be applicable) will apply.

  19. In addition to the grounds for suspension and termination as set forth in M1 Net's and M1 Limited’s General Terms and Conditions, M1 Net reserves the right to suspend or terminate the Service or any part thereof, or to cease to provide you with the Service at any time in our discretion and without any liability to you whatsoever if: (a) the use of the Service violates or is suspected to violate any terms and conditions of the Service, or your failure to comply with any applicable laws or regulations; (b) as result of factors beyond our 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 our suppliers or other third parties and 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; (c) any of our agreements with any of our 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 us to continue providing you 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's accrued rights and all other rights and remedies available to M1 Net at law or equity.

  20. For the avoidance of doubt, if any of the Corporate Customer’s equipment and/or related accessories is faulty, damaged or otherwise lost prior to the expiry of the Commitment Period (such that the Corporate Customer is unable to access or use the Service), or if the Corporate Customer’s M1 L2VPN service or L3VPN service account and/or the Corporate Customer’s account with the relevant CSP is suspended or terminated for any reason, the Corporate Customer will still need to fulfill its payment obligations for the remaining months left on the Commitment Period. Otherwise, the applicable early termination charges stated above in Clauses 15, 16 and/or 17 (as may be applicable) will apply.

  21. You acknowledge and agree that you, and not M1 Net, are responsible for ensuring that the computer system and other equipment including but not limited to computers, mobile devices and any and all peripherals thereto, as utilised by you to access and use the Service meet or is compatible with all minimum system and regulatory requirements. M1 Net shall not be responsible for any degradation or disruption of Service or any loss or damage caused by your use of such computer systems and/or other equipment or arising out of any failure to meet minimum system and/or regulatory requirements or any change in your system configuration. The Corporate Customer acknowledges and agrees that it must procure and maintain at its own expense any equipment, software or connectivity services required to access and use the Service.

  22. You acknowledge, understand and agree that you shall be solely responsible for (i) the security of your account information, including without limitation passwords and/or encryption keys, in relation to the Service and for protecting the confidentiality of the same; (ii) backing up all data used with or derived from or in connection with the access and/or use of the Service, or in any device used for or with the Service; and (iii) obtaining all necessary consents, permits, approvals and authorisations, including without limitation under all applicable data protection and privacy laws, in connection with your access and/or use of the Service. For the avoidance of doubt, to the fullest extent allowed by applicable laws, M1 Net shall not be responsible or liable for any loss or corruption of data under any circumstance whatsoever and howsoever arising. M1 Net shall not be liable to recover any data under any circumstance whatsoever, whether due to misplaced or lost account passwords and/or encryption keys or otherwise.

  23. The Corporate Customer acknowledges and agrees that (a) M1 Net may rely on third party service providers in providing the Service to the Corporate Customer, including but not limited to any hardware, software and user documentation or other material or support from such third parties (“Third Party Inputs”); and (b) access and use of the Service may require the Corporate Customer to access and use third party platforms, portals, applications, software, programs and/or other systems, which are provided and/or operated by third party service providers (“Third Party Platforms”). M1 Net does not recommend, endorse or provide any guarantees to Third Party Inputs or Third Party Platforms. 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 any of the Third Party Inputs or Third Party Platforms 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 limitation loss of profits, revenue, business opportunities, goodwill, data and/or value of customer equipment). To the fullest extent allowed by applicable laws, M1 Net shall not in any way whatsoever be liable or responsible for the service provided or any work done by any third party (including the third party service providers) or any failure, delay, default, acts or omissions by or of any third party (including the third party service providers) that delay or otherwise impact or affect the provision of the Service, howsoever arising.

  24. You accept that you order and subscribe to and access and/or use the Service at your own 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 relevant 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. M1 Net is not responsible for and does not guarantee the functionality, availability or continuity of the Service at any time. M1 Net also does not guarantee (a) that the Service will be accessible, secure, reliable, or be without disruption, interruption, errors, virus or other harmful elements, or (b) that the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users, or (c) that any identified defect will be corrected, or (d) that the Service will guarantee or provide any data transfer speed, whether for uploads or downloads of data. Without prejudice to the foregoing, to the fullest extent allowed by applicable laws, M1 Net shall not be liable or responsible for any damage or loss (including any loss or corruption of data) suffered or incurred by any Corporate 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 or the access or use of the Service by the Corporate Customer, or under the Corporate Customer’s account, howsoever caused.

  25. You shall and 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, against any and all fines, penalties, liabilities, claims, demands, losses, damages and costs and expenses (including legal costs and expenses) suffered or incurred by and/or made against M1 Net and/or any of its corporate parents, affiliates, subsidiaries, and/or any of the employees, officers and/or directors of the foregoing, arising from or in connection with the access or use of the Service by you, or under your account, to the fullest extent allowed by applicable laws. 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 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.

  26. For the avoidance of doubt, the Service 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. To the fullest extent permitted by the applicable law, M1 Net shall not be liable for any delay, failure or default in or of the Service (including but not limited to any failure, interruption, disruption or downtime in M1 Net’s network services), or for any event or incident attributable to any of the matters aforesaid or under the terms and conditions of the Service. For the avoidance of doubt, M1 Net offers no service guarantees in respect of the Service. M1 Net expressly disclaims to the fullest extent allowed by applicable laws, any and all liability for acts, omissions and conduct in connection with or related to your use of the Service, as well as the acts, omissions and conduct of any third parties (including the third party service providers) in connection with or related to your use of the Service. In the event however that M1 Net is found to be liable under a court order or other legal ruling, the limits of liability under applicable M1 Net General Terms and Conditions shall apply.

  27. To the fullest extent permitted by the applicable law, in no event shall M1 Net be liable for any indirect, incidental, special, punitive, economic or consequential damages, losses, costs or expenses; or loss of revenue, profit, business opportunities, earnings or goodwill (whether direct or indirect) (collectively, “Losses”) whether based on warranty, contract, tort including negligence, strict liability under statute or otherwise, and whether or not M1 Net is advised of the possibility of such Losses suffered or incurred by you by reason of or in connection with the access or use of the Service.

  28. M1 Net may, at any time with or without notice to the Corporate Customer, temporarily suspend the Service for operational reasons, including without limitation, for repair, maintenance, upgrade or improvement of the Service. For the avoidance of doubt, any such suspension or termination by M1 Net hereunder shall be without compensation to the Corporate Customer and without prejudice to M1 Net's rights and remedies as a result of the Corporate Customer's breach of the terms and conditions for the Service.

  29. You agree that (i) the Service is provided on a non-exclusive and non-transferable basis and may not be re-sold or otherwise commercialised; (ii) you shall not decompile, disassemble or reverse engineer any aspect or part of the Service; and (iii) (where applicable) in their end user terms, the third party provider(s) may impose limitation and/or exclusion of liability that limits and/or excludes their liability to you.

  30. You shall use the Service in accordance with all applicable terms and conditions and for lawful purposes only, and in accordance with all applicable laws and regulations.

  31. You shall be fully and solely responsible for all use under your account, including but not limited to bearing any and all payment obligations and charges arising from your account, whether by you or any other person under any login name and/or password. You shall ensure that all use of your account and/or the Service, whether by you or any other person, fully complies with the terms and conditions herein, any and all terms and conditions of use that we may issue from time to time, and all applicable laws, rules and regulations.

  32. 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 your account, that we shall have the right and sole discretion to determine whether the transmission violates any terms and conditions of use, and that you shall abide by such right, discretion and determination. You further 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.

  33. You acknowledge and agree that, in the event that your use of the Service is suspected of any activities which may be improper, offensive, indecent, objectionable, unlawful or illegal, we may suspend and/or terminate the Service and/or inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you; for the avoidance of doubt, in the case of termination, the applicable early termination charges stated above in Clauses 15, 16 and/or 17 (as may be applicable) will apply.

  34. M1 Limited is the authorised billing and collecting agent for services subscribed under the M1 Group. You and M1 Net hereby authorise M1 Limited to invoice and collect any due charges from you on behalf of M1 Net.

  35. No delay or failure by M1 Net to take any action or to enforce or exercise any of its rights under these terms and conditions or other terms and conditions applicable to you will operate as a waiver of such rights by M1 Net, nor will such failure or delay in any way prejudice or affect M1 Net's rights at any time thereafter to act strictly in accordance with our rights under these terms and conditions and/or other terms and conditions applicable to you. If any of these terms and conditions or other terms and conditions applicable to you is held to be unenforceable, invalid or illegal for any reason, that clause (or part thereof) shall be severed from such terms and conditions, save and except that the remaining part(s) of that clause and other clauses shall remain in full force and effect. You agree that your access to and use of the Service, as well as these terms and conditions and other terms and conditions applicable to you, shall be governed by and construed in accordance with the laws of Singapore. You also agree to submit to the exclusive jurisdiction of the Singapore courts.

  36. M1 Net’s registration guidelines, M1 Net’s General Terms and Conditions, the Specific Terms and Conditions for the provision of the Service and all other applicable specific terms and conditions and M1 Net’s acceptable use policies from time to time published at www.m1.com.sg are deemed incorporated herein by reference and shall apply to your access and use of the Service, as applicable. M1 Limited’s General Terms and Conditions published at www.m1.com.sg shall also apply mutatis mutandis, where applicable, but for the avoidance of doubt, notwithstanding the foregoing, under no circumstances shall M1 Limited be liable to you. In the event of any conflict or inconsistency between the terms, 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, to the fullest extent permissible under applicable laws. M1 Net reserves the right to amend, modify or revise these terms and conditions or other terms and conditions applicable to you, and/or withdraw, suspend or change the Service or any part thereof at any time and from time to time by notice to the Corporate Customer in such manner as M1 Net deems appropriate, which may include publication of such amended terms and conditions and/or other changes on www.m1.com.sg. You are encouraged to check back periodically to ensure that you are aware of any such amendments and/or changes. Your continued use of the Service will constitute your acceptance of such amendments and/or changes, including these terms and conditions as may be amended.