mSquad Service Specific Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING AND/OR USING THIS SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO. M1 NET LTD MAY MAKE CHANGES OR REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME WHICH WILL BE PUBLISHED ON OUR WEBSITE. PLEASE ENSURE THAT YOU CHECK BACK PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.
These Terms and Conditions apply to the use of the Service by you. A description of the Service has been made to you herein in Clause 2. In addition to these Terms and Conditions, the M1 Net Ltd General Terms and Conditions, any other applicable terms and conditions published at www.m1.com.sg and other terms and conditions accepted by you in your application form shall also apply to the Service, unless otherwise expressly stated. In the event of any inconsistency between any of the M1 Net Ltd General Terms and Conditions and any of these Terms and Conditions herein or other terms and conditions that apply to you, such conflict or inconsistency will be resolved in a manner most favourable to M1 Net Ltd and its affiliates, at M1 Net Ltd's sole and absolute discretion. You agree to accept and be bound by all such terms and conditions, and any amendments, variations or supplements thereto.
Definitions and Application
"Agreement" means these Terms and Conditions, the applicable M1 Net General Terms and Conditions and other terms and conditions that apply or are accepted by you in your application form; as amended, varied or supplemented from time to time;
"Charge(s)" means as the case may be any and all activation, installation, administrative, service charges, purchases, termination charges and/or subscription fees and any other fees and charges to be paid by you in respect of the Service, as published by us from time to time;
"Customer Equipment" means the equipment that you may hand over to us for us to perform the Service, which may include personal computers, smart phones and network equipment, as the case may be.
"Equipment" means any and all equipment which may be provided by and/or sold to the Customer by M1 Net in relation to the Service.
"Service(s)" means the services as hereinafter defined in Clause 2;
"M1 Net", "we", "us", "our" means M1 Net Ltd; and
"You", "your" or "subscriber" means a subscriber or other customer of the Service, having an account authorized by M1 Net for access to and use of the Service.
Description of Service & Payment
The Service is for the provision of remote and on-site support services, for personal computers and smart phones and customer network equipment. For the avoidance of doubt, the Service does not include physical repair services and/or hardware repair services.
M1 Net shall provide to you the Service under the terms and conditions of the Agreement.
On-site support services are chargeable per visit, or deductible from your entitlement of on-site visits (as the case may be), or otherwise as may be applicable. Notwithstanding the foregoing, M1 Net reserves the right at its discretion to determine whether subsequent on-site visits made within seven (7) days from the preceding on-site visit for the same issue shall constitute a new on-site visit (which will be chargeable or deductible as the case may be).
For the avoidance of doubt, any on-site visit necessitated by any of the following will be deemed as new on-site visits (which will be chargeable or deductible as the case may be):
any faults occurring subsequent to the on-site visit caused by your acts or omissions or the acts or omissions of any third parties (including but not limited to any system configuration carried out after our completion of the Service);
any limitations in the Customer Equipment or incompatibility of the Equipment with any Customer Equipment or other devices, network, or facilities; or
any action by you or your use of equipment and/or devices which is not in accordance with M1 Net's instructions or recommendations as M1 Net may specify from time to time.
You will be charged, and you agree to pay, either (i) a lump-sum fee, or (ii) a recurring subscription fee (as the case may be) as agreed with M1 Net, for the Service at the respective published or discounted rates, as applied by M1 Net.
The lump-sum fee is payable in respect of each ad-hoc Service that may be provided to you. The lump-sum fee and any further Charges that may be incurred in the course of our Service will be invoiced to you upon the completion of the Service, which you shall pay in the manner required in the invoice.
The subscription fee is payable in respect of a subscription based recurring Service, for the duration of a minimum contract period as stated in your application form, and will be billed monthly in advance, unless otherwise expressly agreed by us in writing. Your failure to observe the payment of the monthly subscription for any minimum contract period, or early termination during the minimum contract period, shall incur termination charges.
Additional charges for onsite support services shall be incurred in the event the onsite support is performed after standard operating hours. Any further Charges that may be incurred in the course of our Service will be invoiced to you upon the completion of the Service, which you shall pay in the manner required in the invoice.
The Charges shall be paid in full by you, in the manner required, without any set-off, deduction or counterclaim, and the Charges shall not be withheld on account of any reason.
M1 Net shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. 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 publishing such amendments.
You acknowledge that your access and use of the Service may require you to hand over to our possession Customer Equipment. Although we shall take reasonable care in safekeeping the Customer Equipment for the purposes of the Service, we shall to the fullest extent permitted at law, not be liable or responsible for any express or implied duties at law arising out of or in relation to our possession of the Customer Equipment (including but not limited to any duties imposed on bailment or custodians), save for such direct loss or damage to the Customer Equipment solely caused by our willful default, gross negligence and fraud. In addition, Clause 5 herein shall apply in any event.
You undertake that you shall use the Service in accordance with the Agreement and all laws and regulations as may be applicable. You shall not use the Service for any purpose not permitted by us, or for any unlawful or illegal purpose.
You acknowledge and agree that we shall have the right and sole discretion to determine whether your use of the Service is in violation of the Agreement, including any part of this Clause 4, and that you shall abide by our right, discretion and determination.
You acknowledge and agree that, in the event that your use of the Service, or the Customer Equipment (and any content therein), is suspected of any activities which may be infringing, improper, offensive, indecent, objectionable, unlawful or illegal, M1 Net 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 and without prejudice to M1 Net's rights.
Limitation of Liability and Disclaimer of Warranty
You acknowledge and agree that M1 Net may rely on third party service providers in providing the Service to you, including but not limited to any hardware, software and user documentation or other material from such third parties ("Third Party Inputs"), and accordingly M1 Net 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 loss or profits, revenue or business opportunities, goodwill, data, Customer Equipment value).
The Service and any work performed in respect of the Service is provided on an "as is" and "as available" basis without warranties of any kind whatsoever, whether statutory, express or implied, including but not limited to warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. Without prejudice to the generality of the aforesaid, M1 Net makes no warranty that the Service will meet your requirements or that the Service or its results will be reliable, accurate and error-free. Accordingly, neither M1 Net nor any of its affiliates, nor any directors, officers or employees of the foregoing warrant that the Service will be accessible, reliable, accurate or available, or be without disruption, interruption or errors.
For the avoidance of doubt, M1 Net shall not under any circumstances whatsoever be liable for any matter on which no warranty is made, or for any other delay, failure, defect or default in or of the Services (including but not limited to any failure, interruption, disruption or downtime in M1 Net's network services, if any), or for malfunction, fault, damage, breakdown, lack of repair, wear or tear to or of Customer Equipment including but not limited to any loss of data, such as loss of computerised stored information or customised configuration (save for such direct loss or damage to the Customer Equipment proven to be solely caused by our willful default, gross negligence and fraud), or for any other event or incident attributable to any of the matters aforesaid or under the Agreement.
M1 Net offers no service guarantees in respect of the Services. In the event however M1 Net is found to be liable under a court order, the limits of liability under M1 Net's General Terms and Conditions shall apply.
M1 Net expressly disclaims to the fullest extent allowed under any law, any and all liability for acts, omissions and conduct in connection with or related to the Service as well as the acts, omissions and conduct of any third parties in connection with or related to the Service.
We may, at our sole discretion, extend help and assistance to you beyond the Service as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1 Net's part.
For the avoidance of doubt, the exclusion and limitation of liability under Clause 12 of the M1 Net General Terms and Conditions shall apply in respect of the Service in M1 Net's favor.
You agree that the disclaimers, exclusions and limits of liability, and termination or charges of similar effect as set forth in the Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement between the parties. You further agree that these provisions shall be enforceable to the fullest extent permitted by applicable law.
Suspension and Termination
In addition to the grounds for suspension and termination as set forth in Clauses 11 and 14 of the M1 Net 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 if:
the use of the Service violates or is suspected to violate any of the terms and conditions of the Agreement, or your failure to comply with all applicable laws and regulations, without any liability to you whatsoever;
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 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; or
any provision of the Agreement 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 in equity.
You shall indemnify M1 Net and its affiliates and hold them harmless at all times against all claims, actions, proceedings, costs, expenses, demands, liabilities, losses and damages (whether direct or indirect) howsoever arising that M1 Net or its affiliates may sustain, suffer or incur arising out of your use of the Service (including use by your agents or contractors), your breach of the Agreement, or your other acts and omissions.
M1 Net may at any time amend, delete or revise any of the terms and conditions of the Agreement, and/or withdraw, suspend or change the Service or any part thereof. All such changes will be published on our websites and you agree that such publication is sufficient notice to you of such changes. Please ensure that you check back periodically to determine any changes.
You agree that such access and/or use of the Service, as well as the terms and conditions of the Agreement 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. M1 Net may take action against you in any available jurisdiction that it deems is a convenient forum.
No delay or failure by M1 Net to take any action or to enforce or exercise any of its rights under the terms and conditions of the Agreement 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 its rights under such terms and conditions.
Without prejudice to M1 Net's rights under Clause 6.1(c) hereinabove, if any of such terms and conditions is held to be unlawful or unenforceable, invalid or illegal for any reason, that clause shall to the furthest extent possible at law without affecting the intent of the Agreement, be severed from such terms and conditions, save that the remaining clauses shall remain in full force and effect to the extent possible.